HomeMy WebLinkAboutMinutes Council 060696CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
JUNE 6, 1996
The Regular Meeting of the City Council of the C1L of
Palm Beach Gardens, Florida, was called to order by
Mayor Russo at 7:00 P.M. in the Assembly Room of the
Municipal Complex, 10500 North Military Trail, Palm
Beach Gardens, Florida.
ROLL CALL The City Clerk called the roll and present were Mayor
Russo, Vice Mayor Furtado, Councilwoman Monroe, and
Councilman Clark. Councilman Jablin arrived at 7:10
P.M.
ANNOUNCEMENTS Mayor Russo stated that the announcements were as
posted on the City's bulletin boards.
ATTORNEY rT.TFNT
SESSION Mayor Russo announced that the City Council would
adjourn to an attorney /client session to discuss a
pending lawsuit, and the meeting would reconvene at
approximately 7:30 P.M.
Upon reconvening, at 7:45 P.M. the City Clerk called
the roll, and present were Mayor Russo, Councilwoman
Monroe, Councilman Jablin, and Councilman Clark. Vice
CITY COUNCIL REGULAR MEETING, 6/6/96 PAGE 2
Mayor Furtado arrived at 7:50 P.M.
PRESENTATIONS•
CRALLS UPDATE The City Engineer provided an update regarding the
CRALLS designation for Military Trail, and explained
that there was a difference in the accuracy of the
engineering science in traffic modeling and in the
traffic flow through a PUD. A new Test 2 had provided
a traffic count of 5100 as opposed to 5500 in the
former test, causing failure in the 2015 model, which
was the result of changes in the model structure and
input, not from any recent land use approvals made by
the City. After further review and discussion, the
City Engineer expressed his opinion that the error
factor within the model could vary plus or minus 15�.
Based on the reported information, and with
consideration of the future Northlake Boulevard
turnpike interchange and flyover, the majority of the
City Council members agreed that a three -year FALLS
designation was appropriate. Councilwoman Mcnroe
expressed her opinion in favor of a two -year
designation. A resolution to show support by the City
Council was proposed for the consent agenda at the
next meeting. Direction to staff was to move forward
next month with a three -year CRALLS designation for
CORRECTION BY VICE MAYOR LAUREN FURTADO
CITY COUNCIL REGULAR MEETING, 6/6/96
ITEMS BY MAYOR AND
COUNCIL THAT REQUIRE
ACTION
Military trail 64, 500 Trips.
PAGE 3
Vice Mayor Furtado reported that she and staff had
met with FDOT regarding the vegetation removal, the
temporary fencing, and speeding the installation of
sound barrier walls along I -95 between Northlake
Boulevard and PGA Boulevard. The height of the
walls had been determined at 16 feet in residential
areas. The temporary fencing would be 8 feet high,
and would only be provided on the east side of
the roadway. Vice Mayor Furtado reported that
vegetation had not been removed from the west side of
the roadway except that necessary to clear drains
after the flooding. Vice Mayor Furtado announced a
possibility that the work on the sound walls could be
accomplished during the summer of 1997, as well as
the auxiliary lanes. It was the consensus of the
City Council to provide a letter of support to the
MPO to change the priority for this project
because of the traffic demand and residential use
within this section as opposed to the section from
Northlake Boulevard to Palm Beach Lakes Boulevard,
which has very little residential. Councilman Jablin
made a motion to have a letter drafted for Mayor
Russo's signature to the MPO. Councilwoman Monroe
CITY COUNCIL REGULAR MEETING, 6/6/96 PAGE 4
seconded the motion, which carried by unanimous vote
of 5 -0. Further discussion resulted in consensus to
send a strong letter to FDOT regarding their mistake
in removing the vegetation. Councilwoman Monroe made
a motion to direct staff to review the excavation
ordinance and made recommendations to strengthen that
ordinance and to prepare an ordinance to accomplish
same within a six -month period of time. Vice Mayor
Furtado seconded the motion which carried by unanimous
5 -0 vote.
CONSENT AGENDA Vice Mayor Furtado made a motion to approve the
Consent Agenda as submitted. Councilman Clark
seconded the motion, which carried by 5 -0 vote.
Councilwoman Monroe requested that Resolution 85, 1996
be pulled from the Consent Agenda. Vice Mayor Furtado
made a motion to approve items 1 and 2 on the Consent
Agenda. Councilman Clark seconded the motion, which
carried by 5 -0 vote. The following items were
approved on the Consent Agenda:
1. Approval of Minutes of 5/2/96 City Council
Meeting.
1. Approval of Minutes of 5/16/96 City Council
Meeting.
Councilwoman Monroe requested an amendment to the last
CITY COUNCIL REGULAR MEETING, 6/6/96
PAGE 5
sections of Resolution 85, 1996 that included the
following language "Upon installation of state
approved traffic control signs" Councilwoman Monroe
made a motion to approve Resolution 85, 1996 -
Consideration of Approval of a Uniform Traffic
Agreement for Club Cottages at PGA National, and made
a motion to approve Resolution 85, 1996 as ammended.
Councilman Clark seconded the motion, which carried by
unanimous 5 -0 vote.
T)TTRT TC HFARTNGS
ORDINANCE 6, 1996 Mayor Russo declared the Public Hearing open, which
was duly advertised 5/22/96 for consideration of
second reading and adoption of Ordinance 6, 1996 -
Amending Ordinance 30, 1989, which created the Lake
Catherine PUD, to close access to the Development via
Lake Catherine Drive through December 31, 1996.
Planning and Zoning Director Walton reviewed the staff
report.
MILTON AUSTIN Mr. Austin, 2001 Bedford Drive, commented that while
traffic problems were horrendous, litter and vandalism
had been reduced appreciably since the POA hired a
security guard and that not all thefts committed
before the security guard was hired came through the
gate, but gained access over the wall, and that
CITY COUNCIL REGULAR MEETING, 6/6/96 PAGE 6
locking the gate permanently would not change the fact
that every time the gate was locked, the next day it
was broken. Mr. Austin took the position that the gate
should remain open.
LARRY BAILEY Mr. Bailey, 1013 Bedford Avenue, stated that he was a
Director of Bedford in Lake Catherine Homeowners
Association, and that their desire was to keep the
gate open.
DR. CRAIG BLACK Dr. Black expressed his position that the gate remain
open since closing it would not make the problems go
away.
LUCILLE BLACK Mrs. Black, 1041 Bedford Avenue, expressed her
position that the gate remain open and referred to the
Lake Catherine POA documents to support her position
that the POA had not made the request to the City to
close the gates with sufficient support from their
membership and had not amended their documents as
required.
CATHY HETZEL Ms. Hetzel, a boardmember of the Sun Terrace portion
of Lake Catherine, explained that an agreement had
been made before the POA vote that a ma]orit,> vote
would rule, and expressed the opinion that the gate
should be closed. A vote of 116 -114 was taken at the
POA in favor of closing the gate. Ms. Hetzel explained
CITY COUNCIL REGULAR MEETING, 6/6/96
PAGE 7
that the gate latches were presently inoperable and
fixing them had been delayed until a decision was made
by the City. Mr. Walton clarified that the gates
could not be locked permanently since fire and police
vehicles must have access.
Mayor Russo called for a show of hands of others who
had not spoken. There were 12 in favor of keeping the
gate open, and 9 in favor of closing.
LINDA DARLING Ms. Darling, 1079 Bedford Avenue, expressed her
opinion that closing the gate would not stop the
school children coming through the development.
IRIS Lambert Ms. Lambert, 396 Lighthouse Drive, stated that she was
a school crossing guard, and expressed her position_ in
favor of keeping the gate open, since school children
would not stop going through the development.
ANN SOPPEL Ms. Soppel, resident of Lake Catherine Development,
commented that there was lack of communication betxeen
the Bedford Property Association and the Lake
Catherine POA, and commented on the serious traffic
problems.
There being no further comments from the public, Mayor
Russo declared the Public Hearing closed. A poll of
the City Council members resulted in a consensus that
CITY COUNCIL REGULAR MEETING, 6/6/96 PAGE 8
the gate remain open at this point and that the
residents should work together to resolve their
problems. Councilman Clark made a motion to
disapprove Ordinance 6, 1996. Councilwoman Monroe
seconded the motion, which carried by unanimous vote
of 5 -0.
RFSOTJ7TTONS :
RESOLUTION 80, 1996 Planning and Zoning Director Walton reviewed the
request from the Steeplechase Property Owners
Association, Inc. for Resolution 80, 1996 -
Consideration of approval to amend the Steeplechase
PUD to add an eight -foot wall and associated
landscaping within the existing 25 -foot wide buffer
along Northlake Boulevard. Vice Mayor Furtado made
a motion to approve Resolution 80, 1996. Councilman
Clark seconded the motion, which carried by unanimous
5 -0 vote.
RESOLUTION 83, 1996 Councilwoman Monroe made a motion to approve
Resolution 83, 1996 - Consideration of Approval to
Authorize the Mayor and City Clerk to execute an
Interlccal Cooperation Agreement with the County to
aid the County in its Efforts to Qualify as an Urban
County under the Community Development Block Grant
CITY COUNCIL REGULAR MEETING, 6/6/96
PAGE 9
Activities for the Federal Fiscal Years 1997, 1998 and
1999. Vice Mayor Furtado seconded the motion, which
carried by unanimous 5 -0 vote.
RESOLUTION 84, 1996 Mayor Russo recommended addition of a section to
Resolution 84, 1996 - Consideration of Approval to
Support Palm Beach County's Proposed School
Concurrency Ordinance and the One -Cent Sales Tax as a
Funding Source, that would state that the City urges
the Palm Beach County School Board, Palm Beach County
Commissioners and the Palm Beach County Municipal
League to work together to settle their differences so
that concurrency could become a reality, and suggested
that a workshop be held with the Municipal League.
Whether the issue should be on the November 1996 or
March 1997 ballot was discussed. Councilwoman Monroe
made a motion to approve Resolution 84, 1996. Vice
Mayor Furtado seconded the motion, which carried by
unanimous 5 -0 vote.
RESOLUTION 86, 1996 Planning and Zoning Director Walton reviewed the
request for Resolution 86, 1996 - Consideration of
Approval of an Amendment to the Site Plan for Parcel
M -22 within PGA National Resort Community. Frank
Palen, agent for the petitioner, discussed the
petition. Councilwoman Monroe made a motion to
CITY COUNCIL REGULAR MEETING, 6/6/96
PAGE 10
approve Resolution 86, 1996. Councilman Clark
seconded the motion, which carried by unanimous 5 -0
vote.
ORDTNANCES
ORDINANCE 9, 1996 City Attorney Baird explained that changes in the
title necessitated reconsideration of first reading
and reviewed the changes which had been made to the
body of the ordinance, and suggested that the changes
made to the body of the ordinance be considered
between first and second readings. After discussion
of amendments regarding a charter provision regarding
appointment of department heads, Councilman Clark made
a motion to place Ordinance 9, 1996 on first reading
by title only with amendments discussed. Councilman
Clark withdrew the motion to allow the City Attorney
to recommend a change in the title. City Attorney
Baird stated that approximately in the middle of the
title the words and the City Attorney should be added
after the City Manager. Councilman Clark made a
motion to place Ordinance 9, 1996 on first reading by
title only with the amendment to the title adding the
words and the City Attorney after the words City
Manager in the 15th line of the title. Councilman
Jablin seconded the motion, which carried by unanimous
CITY COUNCIL REGULAR MEETING, 6/6/96 PAGE 11
5 -0 vote. The City Attorney read Ordinance 9, 1996 by
title only on first reading.
ORDINANCE 10, 1996 Vice Mayor Furtado made a motion to place Ordinance
10, 1996 - Amending Ordinance 24, 1995, same being the
Budget Ordinance of the Cite for the Fiscal Year
beginning 10/1/95 and ending 9/30/96, on first reading
by title only. Councilman Clark seconded the motion,
which passed by unanimous 5 -0 vote. The City Clerk
read Ordinance 10, 1996 on first reading by title
only.
ORDINANCE 11, 1996 Mayor Russo announced that he would not vote on this
Ordinance due to his former position as Vice President
of a company which had a financial interest in this
project. The gavel was passed to Vice Mayor Furtado.
During discussion, City Council members expressed the
opinion that the wall should not be replaced with a
fence and discussed how the condition regarding
homeowners documents would be monitored. Councilman
Clark made a motion to place Ordinance 11, 1996 -
Approving an amendment to the Hidden Hollow Planned
Unit Development for 51 Single - Family Residential
Dwelling Units, on first reading by title only.
Councilman Jablin seconded the motion, which carried
by unanimous vote of 5 -0. The City Clerk read
CITY COUNCIL REGULAR MEETING, 6/6/96
PAGE 12
Ordinance 11, 1996 by title only on first reading.
ORDINANCE 12, 1996 Planning & Zoning Director Walton explained that this
Ordinance was the culmination of work to comply with
a Court - ordered mediation settlement. Hank Skokowski
commented that this amendment would change buffer
requirements next to the Cypress Hollow PUD. Fencing
and access for maintenance to the 6 -foot open buffer
was discussed. Councilman Clark made a motion to
place Ordinance 12, 1996 - Amending the BallenIsles
Planned Community District, created by Ordinance 8,
1989, and subsequently amended by Ordinance 15, 1994,
for a minor amendment to the Perimeter Buffer System
"C" Plan adjacent to the Cypress Hollow Planned Unit
Development, on first reading by title only. Vice
Mayor Furtado seconded the motion, which carried by
unanimous vote of 5 -0. The City Clerk read Ordinance
12, 1996 by title only on first reading.
CITY MANAGER City Manager Herakovzch reported that work was
scheduled to begin the week of June 10 on replacement
of the PGA bridge at the turnpike, and that staff was
participating in meetings to design a Donald Ross Road
bridge. The City Manager announced that DOT had
approved a signal light at the entrance to BallenIsles
on PGA Boulevard. City Manager Herakovich reported
CITY COUNCIL REGULAR MEETING, 6/6/96 PAGE 13
that the Florida League of Cities annual convention
would be held in Boca Raton August 8 -10. The City
Manager and the Mayor had attended an Economic
Development Workshop for municipal officials,
sponsored by the Business Development Board; and the
Business Development Board had put together an
economic impact model, information on which the City
Manager would share with the City Council. The City
Manager reported that the Beautification Environmental
Committee had met. The schedule of City Council
meetings was discussed and revisions proposed. City
Manager Herakovich announced that the Juno Beach Town
Council had invited our City Council to accompany them
on a bus tour of areas which might be of common
interest. The City Manager informed the City Council
that two employees had been placed on medical leave
and were not expected to return to work. Discussion
was held regarding Mr. Guay's concerns regarding Home
Depot. It was agreed that closer scrutiny was needed,
and that the Code Enforcement system needed to the
revised. Vice Mayor Furtado requested definition of
the difference in staging and loading areas.
CITY ATTORNEY City Attorney Baird suggested a joint workshop meeting
between Jupiter and Palm Beach Gardens regarding Code
CITY COUNCIL REGULAR MEETING, 6/6/96
PAGE 14
Enforcement. The City Attorney explained action
planned regarding the taking of property.
ITEMS BY MAYOR AND
COUNCIL
CTTY
VICE MAYOR FURTADO
The Vice Mayor recommended that the business survey
tally be done by someone other than staff. A
replacement for a recent Recreation Board resignation
as well as appointment of two alternates was
mentioned. Various possible locations for fireworks
were discussed.
COUNCILMAN JABLIN
Councilman Jablin suggested that some kind of award be
given to Wendy Quay as National Spelling Champion.
COUNCILMAN CLARK
Councilman Clark announced the monthly meeting of the
Loxahatchee Councii of Governments, which was
promoting good neighbor relations between
municipalities and was also considering the
possibility of becoming a vehicle for carrying forward
activities of the North County Forum.
MAYOR RUSSO
Mayor Russo reported that he had attended the Economic
Development Workshop and the Economic Advisory Group
meeting, and that Tequesta, Riviera Beach, Jupiter,
and Palm Beach Gardens had all decided not to proceed
on the tax incentive issue, therefore the issue had
been dropped. The September meeting would be held at
the Port of Palm Beach. Mayor Russo announced that
CITY COUNCIL REGULAR MEETING, 6/6/96
PAGE 15
the Catalfumo Company has moved into the City.
City Council Special Regular Meeting 6/6/96 PAGE 15
ADJOURNMENT There being no further business to discuss, motion was
made by Councilwoman Monroe, seconded by Councilman
Jablin, and unanimously approved to adjourn the
meeting at 10:40 P.M.
APPROVAL
LM21Yx JOE RUSSO
VICE MAYOR LAUREN FURTADO
COUNCILW LINDA MONROE
J % n . L__
v
COUNCILMAN RI JABLIN�
COUNCILMAN DAVID CLARK
ATTEST:
LINDA KOSIER, CMC, CITY CLERK
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dimensions, and site plan shall not require the consent of any
other person or entity, except for approval, if required, of the
municipal authorities. I
ARTICLE III
PROPERTY RIGHT'S
1. Use of POA Pronertv. Every Owner shall have a right and
easement or enjoyment in and to the POA Property, subject to this
Declaration as it may be amended from time to time, and subject
to any restrictions or limitations contained in any deed
conveying such property to the POA. Any Owner may delegate his
or her right of enjoyment to the members of his or her family,
tenants, and social invitees subject to reasonable regulation by
the Board, and in accordance with procedures which it may adopt.
An Owner who leases his or her Sun Terrace patio home or Bedford
Unit shall be deemed to have delegated all such rights to his or
her lessee.
2. Developer Rights. The Developer reserves the right to
amend this Declaration unilaterally prior to the Transfer Date,
without prior notice and without the consent of any Person,
provided such amendment is not unequivooably contrary to the
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General Plan of Development. I
ARTICLE IV
NEMBERSHTP AND VOTING RIGHTS
Each Owner shall become a mandatory member of the Property
Owners Association upon acceptance of the special warranty deed
to his Sun Terrace patio home or Bedford Unit. As a member of the
Property Owners Association, each Owner shall be governed by the
Articles of Incorporation and the By -Laws of the Property Owners
Association; and shall be entitled to one (1) vote for each Sun
Terrace patio home or Bedford Unit owned. The rights and
privileges of membership may be exercised by a Member or the
Member's spouse, subject to the provisions of this Declaration,
the Articles of Incorporation, and the By -laws. The membership
rights of a Sun Terrace patio home or Bedford Unit owned by a
corporation or partnership shall be exercised by the individual
designated by the owner in a written instrument provided to the
secretary of the Property Owners Association. Provided, however,
the Developer shall retain the right to appoint a majority of the
Board of the Property owners Association until the Transfer Date.
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ARTICLE XV
AMENDMENTS
1. Amendment Date. Until the closing of the first
conveyance of a sun Terrace patio home or Bedford Unit (whichever
occurs first) by Developer to an Owner (Amendment Date) , any
amendment may be made by Developer with consent of any mortgagee
who has advanced funds for construction or who is under contract
to advance construction funds, if any.
2. Consent of Mortqaqee. With the exception of Subsequent
Amendments, which may be made at any time; after the Amendment
Date, this Declaration may be amended only by consent of
fifty -one percent (51 %) of all Owners.
3. Limitation on Amendments. No amendment to the Article
entitle "Assessments" or a Article entitled "Enforcement and
Establishment of Liens ", and no other amendment shall be
effective which shall, in a material fashion impair or prejudice
the rights or priorities of any Owner, the Developer, or any
Institutional Mortgagee under this Declaration without the
specific written approval of the Owner, the Developer or
Institutional Mortgagee affected thereby. In addition, any
amendment which would affect the surface water management system,
including the water management portions of the Common Areas, must
have the prior approval of the South Florida Water Management
District.
4. Scrivener's Errors. Prior to the Transfer Date, the
Developer may amena tnis Declaration in order to correct a
scrivener's error or other defect or omission without the consent
of the Owners or the Board; provided that such amendment is
reasonable and does not adversely affect in a material manner an
Owner's property rights. This amendment shall be signed by the
Developer alone and a copy of the amendment shall be furnished to
each owner, the POA and all Institutional Mortgagees as soon
after recording thereof amongst the public records of the County,
as is practicable.
5. Effective Date of Amendments. An amendment to the
Declaration shall ecome effective upon the recordation amongst
the Public Records of the County.
ARTICLE XVI
TERMINATION
1. Consent to Termination. This Declaration may be
terminated upon the affirmative written consent of eighty percent
(80 %) of all owners.
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ARTICLE XII
DEVELOPER'S RIGHTS
1. Developer's Transfer Right. Any or all of the special
rights ana obligatiuns of the Developer may be transferred or
assigned to other Persons, provided that the transfer or
assignment shall not reduce an obligation nor enlarge a right
beyond that contained herein, and provided further, no such
transfer shall be effective unless it is in a written instrument
signed by the Developer and duly recorded in the Public Records
of the County. Nothing in this Declaration shall be construed to
require Developer or any successor or assign to develop any
property other than the property described in Exhibit "A ".
2. Might of Approval. So long as Developer continues to
have rights un er tnts Article, no Person shall record any
declaration of covenants, conditions and restrictions, or similar
instrument affecting any portion of the Properties without
Developer's review and written consent thereto, and any attempted
recordation without compliance herewith shall result in such
declaration of covenants, conditions and restrictions, or similar
instrument being void and of no force and effect unless
subsequently approved by recorded consent signed by the
Developer.
3. Termination of Developer's Riahts. This Article may not
be amended without the express written consent of the Developer;
provided, however, the rights contained in this Article shall
terminate upon the Transfer Date.
ARTICLE XIII
14ORTGAGEE PROVISIONS
The following provisions are for the benefit of holders i
of first Mortgages on Sun Terrace patio homes or Bedford Units.
1. Notices of Action. An institutional holder, insurer, or
guarantor of a zi—r—st-Wo-Ttgage who provides written request to the
POA (such request to state the name and address of such holder,
insurer, or guarantor and the Sun Terrace patio home or Bedford
Unit number, therefore becoming an "eligible holder "), will be
entitled to timely written notice of:
A. Condemnation Loss. Any condemnation loss or any t
casualty loss which affects a material portion of the Properties;
B. Delinquent Assessments. Any delinquency in the
payment of Assessments or charges owed by an Owner of a Sun
Terrace patio home or Bedford Unit subject to the Mortgage of
such eligible holder, where such delinquency has continued for a
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period of sixty (60) days; provided, however, notwithstanding
this provision, any holder of a first Mortgage, upon request, is
entitled to written notice from the POA of any default in the
performance by an Owner of any obligation under the Property
Owners Documents which is not cured within sixty (60) days;
iC. Insurance Lapse. Any lapse, cancellation, or
material modification of any insurance policy maintained by the
POA; or
2. Special FHLMC Provision. So long as required by the
Federal Home Loan Mortgage orporation, the following provisions
apply in addition to and not in lieu of the foregoing. Unless at
least two - thirds (2/3) of the first Mortgagees or Members
representing at least two- thirds (2/3) of the total POA vote
entitled to be cast thereon consent, the POA shall not:
A. Common Areas. By act or omission seek to abandon,
partition, subdivide, encumber, sell or transfer all or any
portion of the real property comprising the Common Area which the
POA owns, directly or indirectly (the granting of easements for
public utilities or other similar purposes consistent with the
intended use of the Common Area shall not be deemed a transfer
within the meaning of this subsection).
B. JAssessments. Change the method of determining the
obligations, assessments, or other charges which may be levied
against a Sun Terrace patio home or Bedford Unit.
' C. Architectural Requlations. By act or omission
change, waive, or abandon any scheme of regulations or
enforcement thereof pertaining to the architectural design or the
exterior appearance and maintenance of the Common Area. (The
issuance and amendment of procedures, rules and regulations, or
use restrictions shall not constitute a change, waiver, or
abandonment within the meaning of this provision.)
D. Insurance Lapse. Fail to maintain insurance, as
required by this ec ara ion.
E. Use of Insurance Proceeds. Use hazard insurance
proceeds for any Common Area losses for other than the repair,
replacement or reconstruction of such property.
First Mortgagees may, jointly or singly, pay taxes or other
charges which are in default and which may or have become a
charge against the Common Area and may pay overdue premiums on
casualty insurance policies or secure new casualty insurance
coverage upon the lapse of POA policy, and first Mortgagees
' making such payments shall be entitled to immediate reimbursement
from thePOA.
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3. - No Prioritv. No provision of the Property Owners
Documents gives or shall be construed as giving any Owner or
other party priority over any rights of any first Mortgagee of an
Owner in the case of distribution to such Owner of insurance
proceeds or condemnation awards for losses to or a taking of the
Common Areas.
4. Notice to POA. Upon request, each Owner shall be
obligated to urn s o e POA the name and address of his or
her Mortgagee.
5. Amendment by Board. Should the Federal National
Mortgage Assoclatton or tne Federal Home Loan Mortgage
Corporation subsequently delete any of their respective
requirements which necessitate the provisions of this Article or
make any such requirements less stringent, the Board, without
approval of the Owners, may cause an amendment to this Article to
be recorded to reflect such changes.
6. Failure of Mortaaaee to Resuond. Any Mortgagee who
receives a written request from the Board to respond to or
consent to any action shall be deemed to have approved such
action if the POA does not receive a written response from the
Mortgagee within thirty (30) days of the date of the POA's
request.
7. Financial statements. Any holder of a first mortgage
shall be entitled, upon written request after reasonable notice,
to a financial statement of the POA for the immediately preceding
fiscal year.
ARTICLE XIV
ENFORCEMENT OF DECLARATION
The enforcement of this Declaration may be by proceeding at
law for damages or in equity to compel compliance with its terms
or to prevent violation or breach of any of the covenants or
terms herein. The Developer, the POA, or any Owner may, but
shall not be required to, seek enforcement of the Declaration.
Any Owner who seeks enforcement of this Declaration shall by his
actions be deemed to have indemnified the Developer and the POA
from all liabilities resulting from his actions. Should the
party seeking enforcement be the prevailing party in any action,
then the person against whom enforcement has been sought shall
pay all costs and reasonable attorneys' fees at all trial and
appellate levels to the prevailing party.
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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SELECTIVE O APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board,
council, commission. authority. or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 11.3133. Florida Statutes.
Your responsibilities under the la%v when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the'instructions on this form
before : ompleting he re\erw side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding electile:ounty, municipal. or other local public office MUST ABST-kIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knot -ingly Voting on a measure which inures to the special
gain of a principal (other than a go \ernment agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes. wL
APPOINTED OFFICERS:
A person holding appointive :ounLy, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his Special private gain. Each local officer also is prohibited from knowingly Doting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY :ATTENiPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
r'HE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be prodded immediately to the other members of the agency.
• The form Should be real publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
! F Fowm •R +I %(.E
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting. who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, Qa25E A � . (/SSO , hereby disclose that on `�U�t/� 19 � :
(a) A treasure came or will come before my agency which (check one)
�/ /inured to my special private gain, or
inured to the special gain of . by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
r4.$-, 1--, 7—
o
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATLjTES 1112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR .MORE OF THE FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 35,000.
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