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HomeMy WebLinkAboutMinutes Council 040695CITY COUNCIL REGULAR MEETING • CITY OF PALM BEACH GARDENS APRIL 6, 1995 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Russo at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and present were Mayor Russo, Vice Mayor Furtado, Councilwoman Monroe, Councilman Jablin, and Councilman Clark. • ANNOUNCEMENTS Mayor Russo stated that the announcements were as posted on the City's Bulletin Boards. PRESENTATIONS: Police Chief Fitzgerald presented the annual awards to officers and civilian employees within the Police Department. Officer Joseph Sheehan and Officer John Boyle received Officer of the Year awards. Lorelei Mahler and Police Dispatcher Judy Brandt received Civilian Employee of the Year award, Jim Siler received Volunteer of the Year award, Officer George Betscha was named Officer of the Quarter, Kathryn Fulmer received Civilian of the Quarter award, Ross Simmons received Volunteer.of the Quarter award, and Officer Jack Segreto received a Department • Commendation. A memorial plaque in honor of Officer CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 2 • Matthews, who was killed in the line of duty, was presented to the City. ITEMS BY MAYOR AND CITY COUNCIL• VICE MAYOR FURTADO EMS Coordinator Chris Brown responded to Vice Mayor Furtado regarding the checks and balances system within the Fire Rescue Department. Mr. Brown reviewed the current procedure, explained that the department was working to effect legislation which would allow more medical information to be released, reviewed the procedures involving the County, and assured the City Council that the program was working very well. Vice Mayor Furtado suggested the possibility of utilizing • the volunteer program to welcome new residents into the City with an orientation toward City information. Councilwoman Monroe suggested this be coordinated with the welcome wagon program by the Chamber of Commerce; the City Manager ' reported a booklet of City information was being developed that could be used. Mayor Russo suggested that this program be evaluated at budget time. MAYOR RUSSO Mayor Russo reported he had attended an Economic Council advisory council group at Palm Beach Community College campus and learned of the educational opportunities offered in the north area. Mayor Russo suggested that a presentation be given by college CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 3 • representatives at a City Council workshop meeting to inform the Council. Mayor Russo reported that a lot of activity was in progress regarding economic development, and that the next Economic Development meeting would be held at the FAU Northcorp site. COUNCILWOMAN MONROE Councilwoman Monroe reported she would be attending quarterly meetings of an advisory committee regarding the FAU north campus development. ABACOA UPDATE Attorney Jim Brindell reported that the status of the City's requests of Jupiter regarding the Abacoa project included two outstanding issues: justification for the amount of proposed non- residential and measuring vs. estimating traffic. Attorney Brindell reviewed the differences in the two methods of traffic calculation. Attorney Brindell pointed out that Palm Beach County had an existing program which counted traffic trips twice a year on the roadway links to the Abacoa project, and suggested that information could be tabulated and compared to estimates. Mayor Russo stated that it was important to Palm Beach Gardens that some type of traffic monitoring system be in place to protect both cities. Mayor Russo expressed opposition to a train station being moved into Palm Beach Gardens. Vice Mayor Furtado expressed her lack of confidence in traffic • • CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 4 studies and her concern that the roadways needed to be in place before the project was completed. Councilwoman Monroe commented that she would like to encourage checkpoints. After discussion, consensus of the City Council was direction to staff to continue to pursue the best monitoring system possible in the spirit of cooperation with Jupiter. COMMENTS FROM THE PUBLIC GENE GALOUIE Mr. Galouie reported the difficulties he had with YAA which resulted from his request to see the financial records of the organization. Mayor Russo expressed the City Council's concern and informed Mr. Galouie that an investigation was in progress and that he would be advised of the results, and requested that Mr. Galouie not write further articles in the newspaper that the City Council was not concerned with the children. CONSENT AGENDA: Vice Mayor Furtado requested that items 3 and 4 be pulled from the consent agenda. Vice Mayor Furtado made a motion to approve the Consent Agenda, except for items 3 and 4. Councilwoman Monroe seconded the motion. The motion carried unanimously. The following items were approved on the Consent Agenda: 1. Proclaiming May 6, 1995 as "National Scrapbook Dayll . s CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 5 0 PUBLIC HEARINGS: RESOLUTION 41, 1995 0 DAVE SMITH RESOLUTION 42, 1995 0 2. Proclaiming May 7 - 13, 1995 as "Drinking Water Week ". 5. Resolution 48, 1995 - Consideration of Approval of Plat for BallenIsles Roadway Phase IV. 6. Authorization to disburse $250,000 as first payment for Northlake Boulevard Interlocal Agreement. Mayor Russo declared the Public Hearing open, which was duly advertised March 28, 1995 and held on the intent of Resolution 41, 1995 - Consideration of Conditional Use for Church in the Gardens. Mr. Smith stated he was responding on behalf of Pastor Sempsrott to report that a meeting had been held with the neighbor who had expressed concern over trees which might be lost, and that the neighbor was happy with the landscaping. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Motion was made by Vice Mayor Furtado to approve Resolution 41, 1995, seconded by Councilman Jablin, and unanimously carried. Motion was made by Vice Mayor Furtado to approve Resolution 42, 1995, Consideration of Site Plan Approval for Church in the Gardens, seconded by CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 6 Councilwoman Monroe, and unanimously carried. RESOLUTION 43, 1995 Vice Mayor Furtado expressed concern that employees or the General Employees Pension Board had not had an opportunity to address the City Council regarding the Defined Contribution Retirement Plan for City Management and General Employees. City Manager Herakovich explained because of employee opposition that it had been decided to leave existing employees in the current plan, and to set up a new plan for new employees. Councilman Clark made a motion to approve Resolution 43, 1995. Motion was seconded by Councilwoman Monroe and carried 4 -1 with Vice Mayor • Furtado opposed for reasons stated above. Councilwoman Monroe made a motion to reconsider Resolution 43, 1995. Motion was seconded by Councilman Clark and carried 5 -0. Councilwoman Monroe expressed concern that an employee might choose to invest exclusively in high -risk investments and recommended that an alternative be chosen to require 50% in fixed income investments and the employee would have freedom to choose how to invest the other half. It was the concensus of the City Council to not place such restrictions on employed investments. Councilwoman Monroe made a motion to approve Resolution 43, 1995; motion was seconded by Councilman • CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 7 • Clark and passed 4 -1, with Vice Mayor Furtado opposed for reasons stated above. RESOLUTION 44, 1995 Councilwoman Monroe made a motion to approve Resolution 44, 1995 - Consideration of Approval to close new participation in existing General Employees retirement plan for City employees. Motion was seconded by Councilman Clark and unanimously carried. RESOLUTION 45, 1995 Resolution 45, 1995 - Consideration of Approval of Gardens Plaza PUD Vested Rights. Al Malefatto, agent for the petitioner, commented that the costs expended for Phase II totaled approximately $968,882. City Attorney Baird reviewed the vested rights portion of • the Land Development Regulations and explained that the Council would act in a quasi - judicial capacity to judge whether the evidence provided established reliance to continue the project. Impact fee amounts for Phase II were discussed. Regardless of any impact fee amounts in previous resolutions, Mr. Malefatto agreed with the City Attorney that impact fees would be paid at the current rate when the building permit was issued, and Mr. Malefatto stipulated that additional fees would also be paid at that time, including a recreation fee of $20,000 and fire station fee of $3,000. Vice Mayor Furtado made a motion to approve Resolution 45 with the verbal stipulation re: E • CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 8 fees. Motion was seconded by Councilman Clark. During discussion, Councilwoman Monroe stated her opinion that the. amount expended was not sufficient to justify a vested right, and therefore would not vote for approval. Mayor Russo stated that even though the costs seemed minimal to the overall building of the project, they probably were a lot higher to the actual land cost. Motion carried by a 4 -1 vote with Councilwoman Monroe voting against for reasons previously stated. Councilwoman Monroe requested that staff look into an alternative approval process which did not have a "drop dead" date, in order to provide more flexibility. RESOLUTION 46, 1995 Motion was made by Councilman Clark to approve Resolution 46, 1995 - Consideration of Minor Amendment to Parcel M -29A, Monterey Pointe. Motion was seconded by Vice Mayor Furtado and unanimously carried with a vote of 5 -0. PUBLIC HEARINGS: RESOLUTION 36, 1995 Mayor Russo declared the Public Hearing open, held on the intent of Resolution 36, 1995 - Consideration of Amendment to the Frenchman's Creek DRI Development Order. RAYMOND ROYCE Mr. Royce stated that he was attorney for the applicant, that this was a quasi - judicial proceeding, CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 9 • and requested that members of the Council disclose any conversations regarding this matter. Hearing none, Attorney Royce stated he would call witnesses and requested to reserve the right to answer any questions or objections that might arise during cross examination or rebuttal. Attorney Royce requested that the staff report and all attachments be made a part of the record of this proceeding, and that other items which he wished to become a part of the record would be made a part of the record upon his request and presentation of the item to the City Clerk. Mayor Russo stated he had not discussed this petition with anyone except at the last meeting, which was a public meeting. Vice Mayor Furtado stated she had had general conversations in response to questions but had made no decision. Councilwoman Monroe stated she had spoken with County staff when attempting to do research. Councilman Clark stated he had made no contacts. Councilman Jablin stated he had made a trip to the marina but had no conversation. Mr. Royce called Sara Jane Lockhart, member of Institute of Certified Planners and submitted her resume for the record. SARA LOCKHART Planner Lockhart reviewed the 1973 County document which showed the original approval for the Master Plan CITY COUNCIL REGULAR MEETING,- 4/6/95 PAGE 10 and the Site Plan approved later. Mayor Russo clarified that the City had issued the building permit but never approved the zoning for the restaurant, which was approved by the County. Ms. Lockhart provided photographs for review. Ms. Lockhart summarized for the record that the building was constructed in 1990 after the character of Frenchman's Creek had been established; that there was a substantial berm and landscape vegetation between Prosperity Farms Road and the marina which isolated the restaurant area from the balance of the project. Ms. Lockhart stated 165 seats for the restaurant were shown on a document from the City's Building Department, however applicant proposed 40 outdoor seats which were under cover, 101 inside and 9 bar seats. Attorney Royce requested that the photographs be made a part of the record. How future County plans to widen Prosperity Farms Road might affect the berm was discussed. . Councilwoman Monroe observed that parking shared with the marina might be a problem. POLLY HUGHES Ms. Hughes explained that for this type of restaurant peak parking would be approximately 7 -7:30 P.M. when marina parking would be lowest, and that conflict was not anticipated at lunch time. Mayor Russo stated his major concern was noise and CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 11 requested stronger language to address that issue. Attorney Royce explained that this matter had previously been litigated in court and read aloud the stipulation that had been reviewed by the Court regarding noise. Mayor Russo responded that the residents would have to hire an attorney to enforce that document, and he would like stronger language that could be enforced by the City. TED HURLEY Mr. Hurley stated his concern regarding noise had been answered and that he was comfortable with the stipulation as read. ADOLPH LOVEIER Mr. Loveier, 2880 Le Bateau Drive, read and S distributed copies to the City Council of a petition from Frenchmans Creek residents expressing their objection to the approval of a marina restaurant which would be open to the public because of traffic concerns and resulting security risks; and discussed concerns regarding the increased boat traffic through the development and outdoor seating when liquor would be served. Mr. Loveier stated he would not object to the restaurant if it had all indoor seating. Mr. Loveier stated his belief that outdoor seating was not allowed in this restaurant. Planning and Zoning Director Walton responded that the restaurant was in CG -1 zoning, however this was part of a PUD request. CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 12 • JULIO DUMAS Mr. Dumas 14081 Leeward Way, stated for the record that although he worked for the County that he was not acting in any official capacity, and expressed traffic concerns for Paradise Point immediately north of Donald Ross Road. Mr. Dumas provided County traffic generation documents, which he stated were public records, and discussed the numbers of trips. Mr. Dumas also commented that dedication of an eleven -acre preserve approved in the original DRI had not taken place, and that he had verified with County officials that the final design of Prosperity Farms Road had been placed on hold. Mr. Dumas requested that if • approval were granted for the restaurant that no outdoor seating be approved and that concurrency be required. Planning & Zoning Director Walton stated his understanding was the preserve area had been platted but included water areas and that it was no longer eleven acres. Further discussion ensued of traffic trips, and the number of boat slips allowed. Director Walton expressed concern that Mr. Dumas' supervisor had indicated that he was comfortable with the current traffic information. Mayor Russo stated that this was only additional information which indicated to him that further research needed to be • done. CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 13 • MITCHELL BENEROFE RAYMOND ROYCE RAY ROYCE Mr. Benerofe, representative for the property owner, stated the deed had been given to the County in 1993 for the nature preserve however it had not been recorded, and that the right of way had been deeded to the County, so that those issues were not open. Councilwoman Monroe requested that staff determine who in the County Attorney's office had accepted the nature preserve deed. Mr. Royce stated the issue before the City Council was private versus public use, and the property was zoned commercial with the marina operated as commercial and the restaurant building had been built and permitted although not formerly used as a restaurant. Because the original DRI did not reference the ADA, traffic trips could not be legally applied, and explained that the development was built out at much less than the original amount approved so that the,traffic was only about 10% of the trips approved. Mayor Russo expressed the need to protect the residents, Vice Mayor Furtado and Councilwoman Monroe indicated that they did not support public use. The City Council requested that the Traffic Engineer be present at the next meeting. Mr. Royce stated the commercial zoning had been in place for many years, and reviewed the Court CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 14 • stipulation which he had referenced earlier in the discussion, and submitted it for the record. At Mr. Royce's request for direction, Mayor Russo questioned whether the public facility was compatible with the private facility that was originally there, and whether he would have approved a commercial restaurant at that site when the original project was approved. Other issues presented which needed answers were traffic and risk to manatees. There being no further comments from the public, Mayor Russo called for a motion to continue the Public Hearing on Resolution 36, 1995 to a date certain of April 20, 1995. • Councilman Clark moved to continue, Councilman Jablin seconded the motion, which passed unanimously. RESOLUTION 37, 1995 Mayor Russo declared the Public Hearing open, held on the intent of Resolution 37, 1995, Consideration of amendment to the Frenchman's Creek PCD to allow a public restaurant instead of a private club. Councilman Clark made a motion to continue the Public Hearing to a date certain of April 20, 1995. Councilman Jablin seconded the motion, which passed unanimously. ORDINANCE 6, 1995 Mayor Russo declared the Public Hearing open, which was duly'advertised 3/22/95 and held on the intent of . Ordinance 6, 1995, Amending Ordinance 14, 1994, which CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 15 created the Education Advisory Board, amending Section 31.21 by amending the number of board members. There being no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion that Ordinance 6, 1995, be approved for second reading and adoption. Councilman Jablin seconded the motion, which passed unanimously. The City Clerk read, on second reading by title only, Ordinance 6, 1995. ORDINANCE 8, 1995 Motion was made by Councilman Clark to place Ordinance 8, 1995, Amending Chapter 32 of the Palm Beach Gardens Code of Ordinances to amend Section 32.31 entitled • "Jurisdiction" on first reading by title only. Motion was seconded by Councilman Jablin and unanimously approved. The City Clerk read, on first reading by title only, Ordinance 8, 1995. ITEMS FOR COUNCIL ACTION• AUTHORIZATION TO PURCHASE GREEN /TEE MOWER Councilman Clark made a motion to approve staff's recommendation to purchase a green /tee mower for $14,264.27 which was a capital. improvement budgeted item and would be purchased from Hecter Turf Equipment in Deerfield Beach, Florida, through a GSA contract. Motion was seconded by . Councilman Jablin and • unanimously carried. .CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 16 • CITY MANAGER'S REPORT The City Manager received City Council approval for the following meetings: April 27 and May 11 for City Council workshops, and the first budget workshop on the last Thursday in June. The City Manager reported the gravity sewer main was under repair,necessitating one lane traffic on Heather Circle; a sidewalk and a new softball field had been installed at Gardens Elementary School; the Pratt Whitney modular would be delayed until August or September; and the audit would be distributed soon. CITY ATTORNEY REPORT The City Attorney reported the status of current cases. •PUBLIC HEARING RESOLUTION 47, 1995 Mayor Russo declared the Public Hearing open, which was duly advertized 3/22/95 and held on the intent of Resolution 471 1995, Consideration of Approval of Request for a variance for Admiralty I, 4440 PGA Boulevard, to allow a variance of 38 feet from the maximum of 30 feet in height, to allow two building identification signs directly above the sixth story-of the building. STEVE MATHISON Mr. Mathison stated the he represented the petitioners who desired to change the building name from Admiralty I to First Union Center due to confusion from customers and tenants with the Admiralty II building, CITY COUNCIL REGULAR MEETING, 4/6/95 .. PAGE 17 • and requested a variance to allow identification signage in uniformity with property to the east and the west. Mayor Russo reported a brief discussion with Mr. Mathison in which he had stated he would hear what Mr. Mathison had to say at tonight's meeting. Councilwoman Monroe thanked the applicant for the new landscaping. It was the consensus of the City Council not to grant the variance since they did not believe a six story building constituted a hardship. A motion to deny Resolution 47, 1995 was made by Vice Mayor Furtado, seconded by Councilwoman Monroe and unanimously carried. TENNIS GUEST FEES Councilwoman Monroe made a motion to approve staff recommendation to increase tennis guest fees. Motion was seconded by Vice Mayor Furtado, and unanimously carried. COUNCIL ADVISORY BOARD LIAISONS Councilwoman Monroe requested that she be retained as Code Enforcement Board Liaison. It was suggested that the Beautification and Environmental Committee be combined with the Parks and Recreation Advisory Board. Recreation Advisory Board liaison remained Mayor Russo. Other appointments were as follows: Art Advisory - Vice Mayor Furtado. Zoning Board of Appeals - Councilwoman Monroe. Loxahatchee Council of • CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 18 • Governments - Councilman Clark. MPO - Vice Mayor Furtado. Planning Forum - Councilwoman Monroe. Planning and Zoning Commission - Councilman Clark. Economic Council - Mayor Russo. ADJOURNMENT There being no further business to discuss, motion was made by Councilwoman Monroe, seconded by Councilman Clark, and unanimously approved to adjourn the meeting at 11:30 P.M. • 40 CITY COUNCIL REGULAR MEETING, 4/6/95 PAGE 19 APPROVAL C J ATTEST: MAYOR JOE VICE MAYOR LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN ERIC JABL COUNCILWOMAN LINDA MONROE . KOSIER, CMC, CITY CLERK • • April 3, 1995 COUNCIL LIAISONS TO BOARD Mayor V -Mayor Councilwoman Councilman Councilman Russo Furtado Monroe lablin Clark Art Advisory Committee x Beautification & Environmental Committee COMBINE W /REC . DV. BRD . Code Enforcement Board x Merit System Board x Planning & Zoning Commission x Recreation Advisory Board x Zoning Board of Appeals X Education Advisory Board x Loxahatchee Council of Governments x Municipal League x P.B. County Metropolitan Planning Organization x North County Plannting Forum x Economic Council x • PALM BEACH GARDENS FIRE DEPARTMENT MEDICAL QUALITY ASSURANCE PROGRAM Ems o��►�� -p 0 PALM BEACH GARDENS FIRE DEPARTMENT 10500 North Military Trail - Palm Beach Gardens, Florida 33410 -4698 407- 775 -8260 FAX 407 -775 -8269 Fire Protection is our Goaf, fire Prevention is our Pride The following document is hereby approved as the Medical Quality Assurance Program for The Palm Beach Gardens Fire Department effective January 1, 1995. Micl ael J. Zappa, MD., F.A.C.E.P. Medical Director a 0 I. PERSONNEL QUALIFICATIONS II. EMERGENCY MEDICAL SERVICE AUDITS III. QUARTERLY PROCEDURE AUDITS IV. CRITICAL TIME AUDITS V. OUTCOME ANALYSIS N LYSIS VI. SAMPLE DEFICIENCY RESPONSE SHEET • 1. I'L,'RSONNEL QUALIFICATIONS A. Emergency Medical Technicians - shall maintain State EMT Certification, must maintain BLS Course C, proof of 2 Hour HIV AIDS training, BTLS. B. Paramedics - shall maintain State Paramedic Certification, BLS Course C, ACLS, BTLS, PALS, NALS, 12 Lead EKG, 2 hour HIV AIDS training. Paramedic personnel must attend at least 75% per year of the Medical Director I11cel ings. Personnel will be administered annual written and practical examinations. 0 i 11. EMERGENCY MEDICAL SERVICE AUDIT A. Review of written reports: 100% of these will be reviewed by the EMS Supervisor for compliance with established standards and protocols as well as outcome. B. Direct observation of Care: A variable amount of calls in the field will be monitored by either the EMS Supervisor or Medical Director. During the audits, indicators will be identified and classified as follows: Category 1: An action or lack of action with potential for a non -life . threatening adverse affect on the patient. Category 2: An action or lack of action with potential for a life threatening affect on the patient. Category 3: An action or lack of action which resulted in a non -life threatening adverse affect on the patient. Category 4: An action or lack of action which resulted in a life threatening adverse affect on the patient. 0 As indicators are identified, personnel will be informed and action taken as follows: 0 Category 1: A copy of the run report is returned to personnel with written response required. /After 10 category I notices, personnel rn►►st appear before the EMS Supervisor and /or Medical Director. This meeting may result in mandatory Continuing Education as defined by the Medical Director. Category 2: A copy of the run report is returned to personnel with written response required. Personnel must appear before the EMS Supervisor and /or Medical Director. This meeting may result in mandatory Continuing Education and /or probationary preceptorship as defined by the Medical Director. Category 3: A copy of the run report is returned to personnel with written response required. Personnel must appear before the Medical Director. This meeting will res ilt in mandatory Continuing Education with the potential for probationary preceptorship and /or revocation of patient care privileges. Category 4: A copy of the run report is returned to personnel with written response required. Personnel must appear before the Medical Director. This meeting will result in mandatory Continuing Education, probationary preceptorship with potential for revocation of patient care privileges. i 1l L Quarterly Procedure Audits Each quarter, the number of procedures performed by each Paramedic will be tabulated, as well as the final outcome (success rate) and the number of attempts (competency). Intravenous Minimum: 30 per year Success Rate: 80% Competency: 60% intuhati��n: Minimum: 1 per (narter Success Rate: 901% Competency: 75% Intraosseous: Minimum: N/A * Success Rate: 100% Chest Decompression: Minimum: N/A * Success Rate: 100% Cricothyrotomy: Minimum: N/A * Success Rate: 90% * Becallse Certain proce(hires are perlornicd inlrequently, all personnel will receive training in the specified areas of concern on a quarterly basis. Personnel who do not meet these specifications shall perform mandatory Continuing Education in these areas. 0 IV. CRITICAL 'I'IME AUDITS YES Response time <8 minutes If no, reason: Scene time <15 minutes If no, reason: Scene time < 10 minutes (Trauma Alert Patients) If no, reason: NO NO, BUT JUSTIFIED Extrication time: Hours Minutes V. OUTCOME ANALYSIS • The EMS Division will contact the receiving Emergency Department by phone and complete an outcome analysis using the following form: PATIENT NAME: RESCUE CALL #: DATE OF CALL: DIAGNOSIS BY MEDIC: PATIENT DISPOSITION: ADMITTED: DISC'l -lAR( F,D: EXPIRED: DIAGNOSIS BY PHYSICIAN: C If the patient is admitted, a second call will be made 2 days post- admission to check the status of the patient. IN- PATIENT: DATE: DISCHARGED: DATE: FXPI R 1?D: DATI-,,: If initial diagnosis was respiratory or cardiac arrest, follow -up is conducted until patient is discharged or expires. DISCHARGED: EXPIRED: QUALITY ASSURANCE WRITTEN RESPONSE FORM RUN CATEGORY TYPE: TREATMENT PROTOCOL: WIN C. WELDON, CLU APR b April 5, 1995 Mayor & Council Members City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: City of Palm Beach Gardens General Employees Pension Plan Dear Mayor Russo & Council Members: Your Board.,of Trustees.for the.Employees.Pension -Plan (E.P.P.) has been trying since September of 1994 to be placed on the agenda for a workshop.session with the City Council. The purpose of the:session was to discuss ways in which to minimize the potential for escalating. costs to the city in the funding of the E.P.P. Several points of fact should be noted regarding the proposed pension changes: 1. The initial draft which was sent to the City Manager in July of 1994 was .indirectly responded to by a letter from Ms. Herakovich dated Sept. 19, 1994, inviting your Board Members to a meeting which was presumably to be held to help clarify the "speculaation on defined benefit programs." Frankly, your Board was never aware of Any discussions in this regard at this time. At this meeting the subject of a defined contribution plan was introduced by a represent- -ative of I.C.M.A. which, interestingly, .specializes in defined contribution plans... 2- The aforementioned meeting was,held -on Oct. 4, 1994 at which time your Board raised stroncr • objections to some of the "facts" presented and WELDON FINANCIAL SERVICES 35 Dorchester Circle, Palm Beach Gardens, Florida 33418 • Tel. (407) 625 -1255 e assumptions used. It was agreed to by your City Manager and Finance Director that we should have a special meeting to discuss the variables involved. This special meeting was held wherein our actuary, Ward Foster, indicated he would need additional data to complete his'comparative studies for review and Mr. Olson indicated he would provide the necessary data. When Mr. Foster inquired as to when the data might be forthcoming some two weeks later (December 1994) he was advised by Mr. Olson in no uncertain terms that the data wa not going to be provided because the decision had been made to elect a defined contribution plan. 3. It should also be noted that all during these discussions we had requested to be advised whenever any discussions relative to the pension plan were to be held by the City Council. We never were! 4. Mr. Olson's memorandum of Feb. 23, 1995, regard- ing a Defined Contribution Retirement Plan to the City Manager plainly states in the first paragraph "In several discussions with City Council over the past year, a concensus regard- ing the creation of a defined contribution plan for general employees has emerged." I would respectfully submit to Council that in not one occasion were any one of your Board members included in any of those discussions. I find such an oversight irresponsible to say the least! 5. Mr. Olson further states in the aforementioned memorandum that the fees for I.C.M.A. are relatively low. I would submit that they are not low, but when compared to some institutions they are relatively high! Please be assured that your Board recognizes the myriad of responsibilities that Council must grapple with on a day to day basis and we do not wish to waste your time. However, we cannot accept a misstatement of the facts • regarding this matter. The final straw, if,you will, was Ms. Herakovich' letter dated March 29, 1995 wherein she indicates she should have been copied on our formal request for a workshop hearing because she "sets the • agenda." I would respectfully submit that the City Council may also request that which is to be placed on the agenda. Since our previous requests had been ignored, we wrote direct to the Council Members. With further reference to Ms. Herakovich' letter of March 29th....... we never actually heard from the employees regarding a proposed reduction in the benefits. our initial draft was a proposal for discussion wherein we- reduced the city's contribution by 38 %, the employees contribution by 33%- and the option for full retirement at age 62 rather than age 65. Certainly not a bad premise from which to start a meaningful discussion. The reduction in the employees' benefits could be eliminated by simply not allowing full retirement until age 65. A fact conveniently overlooked or not mentioned by your city management. I am sure you can appreciate that this letter has the unanimous support of your Board. It is our pleasure to serve you and we look forward to your timely response. Respectfully, w Win C. Weldon Chairman of the Board of Trustees CC: Bobbie Herakovich, City Manager Lee Dehner, Atty. Ward Foster, Acty. 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SARA JANE LOCKHART, AICP 7617 NEMEC DRIVE, SOUTH LAKE CLARKE SHORES, FLA. 33406 407 - 433 -3126 262 -15 -0511 PROFESSIONAL EXPERIENCE: URBAN DESIGN STUDIO Suite 600 - 2000 Palm Beach Lakes Boulevard West Palm Beach, Fla. 33409 January, 1989 to Present: Proiect Manager with Urban Design Studio, a West Palm Beach based land planning & design firm providing a wide range of land development and graphic design consulting services to public and private clients. Responsibilities as Project Manager include: - analysis of all and aspects of development possibilities for parcels including physical constraints, municipal, regional and state land development requirements; - development of strategies to gain government • approvals including rezonings, special exceptions, Planned Developments, variances, comprehensive plan amendments, architectural appearance, and site plans; - representation of project proposal to local government appointed and elected officials, citizen groups and other parties which could affect the local government's decision- making process; - negotiation of solutions acceptable to all participants in the land development review process; - expert witness testimony, including cases on "takings ", binding arbitration for property owners' associations, concurrency exemptions, and impact of state and regional land development regulations on project review and design. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Rd. West Palm Beach, Fla. 33406 Telephone: 407 - 686 -8800 1980 to 1989: Supervising Professional with South Florida Water Management District, a specially created, independent taxing district responsible for a wide range of water resource management responsibilities within a 16 County area geographically extending from Orlando south to Key West. Supervised a staff of planners responsible for providing technical water related expertise to regional planning councils and local governments within the District. Work products included overseeing preparation of evaluations of site specific development requests such as Developments of Regional Impact, rezoning requests, and Power Plan Siting Applications and planning studies generated by local governments including Comprehensive Plans. Represented agency's positions at public hearings and before citizen groups, professional affiliations, etc. District Representative, with District Attorneys, in Department of Administrative Hearings which were required as part of the Power Plant Sitting Act. (Palm Beach County Resource Recovery Facility, North Broward Resource Recovery, Pompano Beach Waste Disposal System) Planner I through IV - Progressively greater responsibilities in the review and preparation of Developments of Regional Impact for water related resource impacts, local government comprehensive plans, site specific land development proposals, and power plant sitting projects. PALM BEACH COUNTY AREA PLANNING • BOARD (defunct) 1978 to 1980 Research Specialist with Palm Beach County Area Planning Board, which served as staff to the Metropolitan Planning Organization. Responsible for the technical preparation of Annual Traffic Counts report; Unified Work Program which projected transportation projects and funding sources for a 5 year period; performed the research and wrote the Bikeways Element for the Year 2000 Transportation Plan which received community recognition; assisted in the preparation of the State Improvement Plan, a program designed to reduce dependency on the automobile in order to improve air quality. EDUCATIONAL QUALIFICATION: University of South Florida - Tampa (2 years) Florida Atlantic University, Bachelor of Arts in Geography (2 years) Continuing Education Courses: Harvard University and Georgia Institute of Technology • Florida Chamber of Commerce Growth Management 0 • • PROFESSIONAL AFFILIATIONS: CIVIC PARTICIPATION: Florida Chamber of Commerce Environmental Permitting American Institute of Certified Planners - Certification No. 10135 (July, 1993) American Institute of Certified Planners American Planning Association Palm Beach County Planning Congress Executive Women's Golf League Palm Beach Countywide Planning Council, Environmental Panel of Experts - 1990 Citizens Advisory Committee - Infrastructure Task Force, 1989 Comprehensive Plan Palm Beach County Charter Review Committee Palm Beach County Directions 1986 Palm Beach County Directions 1985 PUBLISHED WORK: - Bikeways Element for the Year 2000 Transportation Plan - Guidebook for the Analysis of Developments of Regional Impact - Negotiating Impact Fees - Make Sure You Don't Overpay MOLLY HUGHES • Associate General Manager, West Palm Beach Office Director of Transportation Engineering and Planning Berry & Calvin, Inc. PROFESSIONAL EXPERIENCE Ms. Hughes assists clients in a variety of transportation and transportation- related land use matters including Developments of Regional Impact, Florida Quality Developments, Binding Letters, rezonings, land use plan amendments, concurrency and permitting. She has developed an interest in transportation demand management and transportation systems management as alternatives to roadway construction, and has spoken on the topic at the 1992 Florida Planning Conference, Leadership Broward Urban and Environmental Systems Day, and at the South Florida Regional Planning Council's Development of Regional Impact Conference. Ms. Hughes has managed or participated in projects under the jurisdictions of South Florida, Southwest and Treasure Coast Regional Planning Councils. Her work in Brevard, • Broward, Collier, Dade, Lee, Martin, Monroe, Palm Beach and St. Lucie Counties has given her the opportunity to work closely with local officials and staff. Since 1977, Ms. Hughes has been involved in various aspects of planning including transportation and land planning. She has assisted state legislators in drafting legislation which significantly enhanced concurrency management practices in the State of Florida. Her previous experience includes traffic engineering consulting in South Florida with McMahon Associates, Inc. and David Plummer and Associates, as well as planning consulting with the Center for Urban Affairs in Birmingham, Alabama. EDUCATION University of Alabama, Birmingham, Alabama Master of Arts Degree in Urban Affairs /Planning, 1983 PROFESSIONAL TRAINING Linking Land Use and Transportation, Lincoln Institute of Land Policy Consultant Training Seminar on the Florida Standard Urban Transportation Model Structure (FSUTMS), Florida Department of Transportation • International Conference on Traffic Congestion, Institute of Transportation Engineers PROFESSIONAL AND CIVIC ASSOCIATIONS • American Planning Association Institute of Transportation Engineers Builders Association of South Florida, Member Board of Directors, Chairperson of the Builder Industry Political Action Committee and Traffic Committee Broward Educational Planning Initiative, Legal /Legislative Committee MAJOR PROJECTS Preparation and representation of Question 21, Transportation for a Substantial Deviation to the 129 -acre Oakwood Plaza Development of Regional Impact in Hollywood, Florida. The project involved urban transportation modeling and traffic analysis associated with the regional impact of a mixed -use project which included 725,000 square feet of retail space, 314,000 square feet of warehouse space, 30,000 square feet of flex space, 64 -lane bowling alley, 14- screen movie theatre complex, health club and service station /convenience market. Evaluation of Broward County's TRIPS Model alternatives on behalf of the Downtown Development Authority of Fort Lauderdale in support of Broward County's Comprehensive Plan Level of Service ( "Urban Core ") Amendment for downtown Fort • Lauderdale, Florida. The amendment provided for a reduction in level of service from LOS D to LOS E on roadways serving the Central Business District /Downtown Development Authority area and provided additional capacity on the 110% Maintain facilities within the area. Analysis of transportation- related concurrency problems and preparation of concurrency satisfaction reports for the Land Section 8 Plat in Tamarac, the McHugh Plat in the Town of Davie, the Delegal Plat in North Lauderdale, the Collins Parcel Plat No. 2 in Dania, the Oriole Commercial Plat in Margate, the New Diplomat Hotel in Hollywood, Riverwalk Place in downtown Fort Lauderdale, the Trackside Plat in Fort Lauderdale, and various other sites in Broward County, Florida. Consultation with the Broward County Office of Planning Staff on the 1990 and 1991 Updates of the County's TRIPS model. The analysis and recommendations resulted in increased roadway capacity in order to accommodate future development in the downtown Fort Lauderdale area. Completion of Question 31, Transportation, of the Application for Development Approval for a Development of Regional Impact for Hollywood Harbour in Hollywood, Florida. The 68 -acre mixed -use development included a 375 -room hotel, a 600 -slip marina, 400,000 square feet of office space and 100,000 square feet of retail use located in Port • Everglades. Preparation of the traffic analysis required for the Oakridge Country Club Land Use Plan _ Amendment necessary to convert the 30 -acre site located in the City of Dania from • residential land use to commercial land use. The traffic analysis was necessary in order to evaluate the impacts of the change in land uses on the regional transportation facilities in 1996 and 2010. Completion of traffic impact studies including concurrency requirements of Vista Plaza, Pioneer Roofing Tile, Shoney's Restaurant, Manatee Plaza, Cocoplum Park Plaza, Windam Square, Spinnaker Point, and various other projects in Martin County, Florida. Preparation of Question 31, Transportation, of the Application for Development Approval for a Development of Regional Impact for Lyons Corporate Park in Coconut Creek, Florida. The mixed -use project is located on 77 acres and includes an 861,000 square -foot employment center and 210,000 square feet of office space. Preparation of traffic analyses evaluating the service areas for two of Healthsouth's rehabilitation facilities in pursuit of Certificates of Need for additional rehabilitation beds. The facilities are located in Largo, Florida and south Dade County, Florida. Completion of Question 31, Transportation, of the Application for Development Designation as a Florida Quality Development for the Stiles Corporation and Tribune Company's New River Center in downtown Fort Lauderdale, Florida. The project • consisted of over one million square feet of office space, a 400 -room hotel and 35,000 square feet of retail space. Analysis of the traffic volumes and future geometric design of the Powerline Road corridor through the City of Pompano Beach, Florida for an Amendment to the Broward County Trafficways Plan. The analysis evaluated maximum right -of -way requirements necessary to support buildout of the area. Preparation of Question 31, Transportation, of the Application for Development Approval for a Development of Regional Impact for the 275,000 square -foot Yamato Plaza Shopping Center in Boca Raton, Florida. In addition to the DRI analysis, the work included access location analysis and conceptual design of the proposed Yamato Road urban interchange with Military Trail. Analysis of traffic operations and internal roadway needs for Arvida Pompano Park in Pompano Beach, Florida. The mixed -use development included over 2.6 million square feet of office, flex, warehouse and retail space and a 250 -room hotel, and is located on the northern portion of the Pompano Race Track site. Link and intersection capacity analyses were performed to establish roadway geometrics, turn -lane requirements, and additional access requirements for several land development scenarios.. Completion of Question 31, Transportation for a Substantial Deviation to a Development • of Regional Impact for the 84 -South Development of Regional Impact in Sunrise, Florida. The effort resulted in a determination that the revised project generated no additional _ roadway impacts. Preparation of a pre - planning summary report and traffic engineering analysis for proposed improvements to the intersection of U.S. 1 /Jensen Beach Boulevard (S.R. 707A) in northern Martin County, Florida. Intersection capacity and queuing analyses were performed utilizing PASSER II -87 to provide turn -lane and storage requirements for this regionally significant intersection. Completion of corridor progression analysis along Clint Moore Road Broken Sound Plaza South, Boca Raton, Florida. The project involved analyzing geometric requirements and signal timing and phasing to maintain acceptable coordination and levels of service for a proposed three - signal corridor serving a shopping center, school and residential community. Preparation of traffic impact analysis and a concurrency evaluation for the Deggeller Square Shoney's Restaurant, Martin County, Florida. The project involved link and intersection capacity analysis of the adjacent roadway network and examination of concurrency issues related to the County's 110% Maintain Policy on over - capacity roadway segments. Preparation of roadway service volume recalculations for roadways serving the Fort Lauderdale, Florida urban core area. The project involved extensive data collection and compilation to derive input values for a planning level of service analysis as outlined in FDOT's "Level of Service Standards and Guidelines Manual ". These impact values were then used to recalculate roadway service volumes for approximately a dozen corridors serving the Fort Lauderdale downtown area. Compilation and depiction of right -of -way history along Red Road for the Interchange Park condemnation proceedings, Miramar, Florida. The project involved research and graphical depiction of right -of -way, limited access lines, and property boundary changes over a period of several decades for an undeveloped parcel proposed for mixed -use development. Related traffic operations, access and circulation constraints were also evaluated to determine future feasible land uses and scales. Preparation of long -range planning and traffic analysis for the St. Lucie County /Martin County S.R. A -1 -A Corridor Study (Fort Pierce and Hutchinson Island vicinity) for the St. Lucie County MPO. The project involved extensive data collection and compilation to derive localized roadway service volumes (capacities), long -range forecasting using combined Country FSUTMS models, determination of future roadway geometric requirements, and operational and safety improvements. 0 0 IN 2n8 CIRCUIT COMT FOR . TU FIFTERM JOD=CXAL CMW= VP COCOF Z�I J1ND FOR PAM BBAC$ CUR no. Q. 89••13207 AD RUM-GAZNW ASSOCIATES, etc. Plaintiffs v. BRENMW @ 3 CREEK YACET, M.&CH AND COUMy CLUB, INC.I etc. Defendants V. JOSIMM nhMIZ TON, PZ'TXX LEIBOWITZ, ARTMM KLIGMN, LAM MCE D. sCHwma l, PATRICK jr. MAN and RCBSRT NACHT, Defendants- Counterclalmant6. Thie cause came "fore the Court upon the request of the Defendants- Counterclai.mants, JOSEPB HANTLTON, p$TgR LNW2TZ, ARTHUR I=GMAN F LP'NRMCE 8. SCMLM TZ, and ROBERT JMCHT, for ratification of the vote of the majority of the members of the alusa voting on the question of vh®ther to approve the Bettlenwnt Stipulation, ssod approving the settlement Stipulation. The Court having been fully advised in the premises, and having offered an oPDor+-unity to be heard to Utvsa Objecting to the Settlement Stipulation, and having been advised that a. vote has been taken of the 3ROmbers of Um class Alta 366 members voting in favor of the Settlement Stipulation and 35 =ambers voting against the Settlement stipulation, it is therein ORDERED AND ADJUDGED that the vote of the ms=s of the chess is hereby ratified and the Settlement Stipulation is hereby aPPrtved and shall, harw&rter, be binding on all parties hereto and all ambers of the class which bas Certified by this Court by Order dated November 168, 1990. The Court shall ountinue to have jurisdiction of this matter to enforce the term of the Settlement Stipulation. DONE "D ORDERED at Nest Fain Beach, Florida this day or f IYYI. SIGNED AND DATED CIRCUIT JUDGE MWO MIT. L HliRtilf Copies turninhed to: Kikel Crooner Esquire noose Casey, at al. 515 ?forth Plagler Driw IS Suite 2900 - Northbridge Tovor I West Pala Beach, FL 33401 E. Cole Fitx9erald ZII, Esquire P.O. Sox 3888 West Palm Beach, FL 33402 Robert L. Crane, Esquire 515 North Plagler Drive SuitA 1800 1est Pala Beach, PL 33401 Sidney a. Stubbs# a?r.# Esquire P.O. Dravor 8 West Palm Beach, FL 33402 soli ISMI- ivoaoE ATP • 2 MqR -16 tft !ga*Vp 8QM W.OAAV. O &AMU N. RYAN OONAAa s SKVO " A LAWOSNR W. WrW RICMRD K. L1A0 WW ALVS IWAAN OMgfli IORR M ARMDIA March 16, 1995 (VIA FACSIMUS 775.1014) ,W----- - - - - - .e.. o l 201oycA ge ) Van .SORMMONOU. Auam?wN Kimberly Glas, AICP City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410.4698 Re: Marina Restaurant Dear Ms. Glss: 24 W NIa"Ar Oft SWIS 40 WWW P"M bakm nam-A bo 7o.RWOW I" "&M VAX I" W aM Please be advised that our law firm represents Frenchman's Greek Property Owners Association Inc. ( "POA "). Your letter to the POA dated March 1, 1995 concerning the above captioned matter was sent to me by the POA for response. I am attaching hereto a copy of a letter dated July 30, 1993 from George Murphy, former President of the POA, that sufficiently states then and now tho position of the POA regarding FCI Land Corporation's application to convert the yacht club/marina restaurant to a facility open to the general public. Please be further advised that neither Mitchell Benerofe, FC1 Land Corporation or anybxidy associated therewith, has ever submitted the proposed lease or those reaffirmations, per the July 30, 1993 letter, for our review and approval. Any approval by the City of the applicants petition should be conditioned upon the above. Please be further advised that this letter does not preclude nor bind any individual homeowners the right to object to the subject application. Very Truly Yours. a sD RYCH do RYAN, P.A. . Ryvan ca. et P `X1995 JHR:has Enclosure cc: Ted S. Herne, Executive Director POA • i' i i i 0 I i July. 30 pit • PR0PF.R'1-Y nWN1 ?RS AS50ClA11UN 13.195 Tourn:ulicnt Drive • P :ilm t nak -rs, Florida 334.10 -1299 1993 Terry %honr (Q07) 627 -1107 Mitchel I. Benerofe Haft -Ga nes Associates P.O..Bo' 30038 Palm Be oh Gardens, Florida 33420 -0038 r _ Dear.Mr, Benerofe: This letter is in reply to your July 15, 1993 letter to the Fre chman's Creek Property owner's Association regardi g the proposed restaurant in the former Yacht Club buildin lestaurant , In that letter you requested that we remit to you a 1 tter stating that the POA had no objection to a public at that space. Article XII of the Declaration of Covenants and Restric ions for the Frenchman's Creek Marina contemplates that th Vroperty could be used as a restaurant. As'such, the POA will not object to the contemplated lease, subject to the ollowiny. That Article also states that the propert would not be used as a late nite disco; other similar musical or entertainment activities; an after hours 1 unge or any other activity involving late -night music o public entertainment or any activity that would generat loud music or be a general nuisance. As such, prior t your submission of this letter, a statement must be rece ved by the proposed lessees reaffirming the restrie - ions stated above. In addition, a copy of the pertine t section of the proposed lease listing the above restrictrions must be submitted to the POA. Our coo eration will also require a reaffirmation of your respons �bilities under the Declaration of Covenants and Restric ions. For example, it has come to our attention that th re. are individuals permanently living on their boats. This is prohibited by Article XIII (L). Any parties grandfathered in at the time of recordation of the Restric ions would be outside of that protection now. once th above has been submitted, and no objection made, you may utilize this letter for submission to the City of Palm'Be ch Gardens. Very truly yours, By: S CREEK PROPERTY OWNERS' ASSOCIATION, INC. _7911� EO.RG�, MURAY, President f` • 0 IN THE CIRCUIT COURT FOR THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY CASE NO. CL 89 -13207 AD HAFT - GAINES ASSOCIATES, etc., et al., Plaintiffs V. FRENCHMAN'S CREEK YACHT, BEACH AND COUNTRY CLUB, INC., etc. Defendants V. JOSEPH HAMILTON, PETER LEIBOWITZ, ARTHUR KLIGMAN, LAWRENCE B. SCHWARTZ, PATRICK J. NOLAN, and ROBERT MACHT, Defendants - Counterclaimants. STIPULATION AND NOTICE OF HEARING Plaintiffs, HAFT - GAINES ASSOCIATES, etc., et al. ( "HGA"), Defendants, FRENCHMAN'S CREEK YACHT, BEACH AND COUNTRY CLUB, INC., etc. (the "Club ") , and Defendants - Counterclaimants, JOSEPH HAMILTON, PETER LEIBOWITZ, ARTHUR KLIGMAN, LAWRENCE B. SCHWARTZ, PATRICK J. NOLAN and ROBERT MACHT ( "Membership Representatives "), hereby stipulate and agree as follows: NOTICE OF HEARING: • Please take notice that at 4:00 p.m. on Thursday, the 28th day of February, 1991, in Room 437 of the Palm Beach County Courthouse, 300 North Dixie Highway, West Palm Beach, Florida the Defendants - Counterclaimants, JOSEPH HAMILTON, PETER LEIBOWITZ, ARTHUR KLIGMAN, LAWRENCE B. SCHWARTZ, PATRICK J. NOLAN and ROBERT MACHT will request that the Circuit Court Judge ratify the vote of the majority of the members of the class voting on the question of whether to approve this Settlement Stipulation, thus approving the Settlement Stipulation if a majority of those voting have voted in favor of the Settlement Stipulation. Any member of the class who wishes to be heard must appear at the aforesaid time and place in order to be heard. RECITALS: 1. On November 13, 1990, the Circuit Court determined that the Membership Representatives were entitled to maintain the counterclaim action brought by them, as a class action on their behalf, as well as all other persons who were: (i) subscribers to equity membership in the Club, and /or (ii) purchasers of residences under contracts for purchase and sale in Frenchman's Creek who have applied to subscribers to equity memberships in the Club (The class members are collectively referred to as "Club Members "). 2.. On the 16th day of November, 1990, counsel for the Membership Representatives served upon all individuals qualified as prospective Club Members, a Notice which set forth all of the surrounding facts and circumstances regarding the pending action • and that such persons have been included as members of a specified 2 class for the purposes of being represented by the Membership Representatives. 3• The Notice explained that the time period for Club Members to affirmatively designate their exclusion from the designated class expired on December 17, 1990. During this period, and since December 17, 1990, HGA and the Membership Representatives conducted substantial negotiations in furtherance of their attempt to resolve all issues remaining in dispute in order to reach a final settlement of this matter. 4. Based upon the results obtained during settlement negotiations, it has been resolved that the following terms and conditions, set forth in this Settlement Stipulation, be proposed for acceptance by the Club Members in full satisfaction of all disputed issues pending in this action and to control in HGA's turnover of the Club and its facilities. NOW, THEREFORE, in consideration of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual covenants contained herein, the parties hereto agree as follows: I. MARINA AND YACHT CLUB: The Club Members and Frenchman's Creek Yacht, Beach and Country Club, Inc. shall release any and all of their rights, title and claims to the Marina and the Marina Property (described in Exhibit "A") to HGA, and /or its successors and assigns, in consideration of the following: A. Marina Facility: HGA will pay, to the Club, the total sum of One Million Two Hundred Fifty Thousand Dollars 3 ($1,250,000.00), to be paid as follows: (i) Seven Hundred Fifty • Thousand Dollars ($750,000.00) at the time of Turnover; (ii) Five Hundred Thousand Dollars ($500,000.00) to be paid upon the Marina's sale, closing of title, and funding of the purchase price, but in no event later than one (1) year following the Turnover Date. B. Yacht Club Facility: Following Club Turnover and the approval by a majority of the Club's membership at a meeting to be held within thirty (30) days of Turnover (who appear in person or by proxy) of the reconveyance to HGA of the Yacht Club Facility, if said reconveyance is approved. HGA shall pay to the Club the sum of Seven Hundred Fifty Thousand Dollars ($750,000.00), in consideration of the Club's reconveyance of its rights, title and interest in and to the Yacht Club and the Yacht Club Property (described in Exhibit "B ") to HGA. In the event the Club's • membership does not so approve reconveyance of the Yacht Club Facility to HGA as provided above, within sixty (60) days after Turnover, the payment and the reconveyance provided for herein shall be eliminated under the terms of this Agreement, with all other terms and conditions of this settlement to remain binding upon the parties. In the event that a majority of the Club's membership approves the said reconveyance, the closing of said reconveyance and payment of the aforesaid Seven Hundred Fifty Thousand Dollars ($750,000.00) shall be completed within-thirty (30) days of said vote. The Club shall give a Special Warranty Deed to the Yacht Club ro ert P P y, and the Club shall reserve an easement in the same form as provided in (d) (ii) below. All • 4 closing costs such as title insurance, documentary stamps shall be • paid by HGA. Taxes shall not be pro -rated on reconveyance. 1. Collateral Security - HGA's Performance: In the event that the Yacht Club Facility is conveyed to HGA (in accordance with the terms of Section 1(b) of this Agreement), then HGA shall simultaneously execute and deliver a note, (without interest) and mortgage in the form customarily used by institutional lenders in Palm Beach County, Florida of the Yacht Club Facility back to the Club to secure the payment of the final payment of Five Hundred Thousand Dollars ($500,000.00) due in accordance with Section 1(a) of this Agreement) . The Club shall be responsible for all documentary stamps, intangible tax, and fees for recording said mortgage. C. Declaration of Covenants and Restrictions for the • Marina /Yacht Club: A separate Declaration of Covenants and Restrictions, running with the real property of the Marina and if the Yacht Club is reconveyed to HGA, the Yacht Club Facilities, has been agreed upon (hereinafter "Declaration "). The Declaration is attached as Exhibit "C" hereto. The Yacht Club will be subject to the Declaration upon reconveyance of the Yacht Club to HGA. The Declaration shall be recorded at Turnover. At the time of HGA's conveyance of its interest in either the Marina or the Yacht Club Facilities, all mortgages, liens or other title encumbrances shall be made expressly subject to the terms and conditions of the Declarations. 5 D. Access /Ingress and Egress Easements: The following • easements for rights of ingress and egress shall be provided by HGA, as follows: 1. At Turnover, a waterway easement (Exhibit "D" hereto) providing rights of access from the Intracoastal Waterway through the Marina Property to the Prosperity Farms Road Bridge shall be granted and recorded in the Public Records of Palm Beach County, by HGA, at HGA's cost and expense, to ensure ingress and egress from the canals with residential docking facilities within the Frenchman's Creek community to the Intracoastal Waterway. The legal description of the Waterway Easement shall be determined by survey at HGA's expense, prior to Turnover. 2. At Turnover, an overland easement (Exhibit "E" hereto) for ingress and egress along the existing road under the • Prosperity Farms Road Bridge, from Frenchman's Creek property to the Marina and Yacht Club parcels, shall be granted and recorded in the Public Records of Palm Beach County by HGA at HGA's expense to all registered boat owners who are residents of Frenchman's Creek, and their guests and invitees. A registered boat owner is an owner of property within Frenchman's Creek who maintain their boat at their Frenchman's Creek property or at the Marina. The legal description of the Overland Easement shall be determined by survey at HGA's expense, prior to Turnover. The control of the access easements for overland and waterway ingress and egress, and television surveillance (hereinafter provided) shall be delegated to the Frenchman's Creek Property Owners' Association (POA). The Club shall be entitled to 6 enforce these rights on behalf of the POA. Any rights requiring • performance by HGA, its successors and assigns, and /or collection of related costs through lien rights (as provided in the Marina and Yacht Club Declaration) shall be vested jointly in the Club and the POA. All rights of access and enforcement provided under the terms of the Marina Declaration or herein shall be subject to any permit or approval, if required, by appropriate governmental agencies and /or municipalities. Prior to Club Turnover, HGA shall obtain subordination agreements from the holders of any security interests in the property subject to these easements, subordinating their security interests to these easements, Exhibits "D" and "E." E. Name /Use Restriction, "Frenchman's Creek ": HGA and the Club acknowledge and agrees that a vote will be taken of the Club's membership within thirty (30) days following Turnover, • regarding the use of the name "Frenchman's Creek" in conjunction with their marketing and sale of the Marina /Yacht Club Facilities'. In the event a majority of Club Members who vote in person or by proxy, vote to prohibit the use of the name "Frenchman's Creek ", HGA shall impose that restriction in any sale of the Marina and Yacht Club facilities to a third party. If the membership approves use of the name "Frenchman's Creek ", the purchasers of HGA's interest, their successors and /or assigns, shall be free (and shall be encouraged by HGA) to use the name (in their discretion) in conjunction with their ownership and operation of the Marina or Yacht Club Facilities. HGA agrees not to use, assign, sell or transfer to • anyone, the name Frenchman's Creek on that portion of its Planned 7 Unit Development (PUD) which lies north of Donald Ross Road. • Notwithstanding the foregoing, under no circumstances shall there be a restriction imposed upon HGA (and /or its successors and assigns) on the use of the name "Frenchman's" in conjunction with the Marina and Yacht Club Facilities or the portion of the PUD which lies north of Donald Ross Road). II. CLUB TURNOVER: As further consideration for settlement of the issues pertaining to the Marina and Yacht Club Facilities, HGA acknowledges and agrees to modification of the terms and conditions set forth in the original Plan of Offering of Equity Memberships in the Club (the "Offering Plan "), as follows: A. Non - Resident Club Memberships: HGA reconfirms its agreement to terminate all non - resident Club memberships at the time of Turnover, consistent with the Offering Plan's terms. • B. Golf Course Corrections /Irrigation: HGA agrees to pay Six Hundred Thousand Dollars ($600,000.00) towards renovation • of the golf course greens and irrigation systems. Such payment by HGA shall be placed into an interest - bearing escrow account established by the Club at Turnover. All interest earned on the trust balance shall be divided equally between the Club and HGA, and disbursed as it is available. The principal funds shall be withdrawn by the Club, in its sole discretion, and applied towards any capital improvement made to the Club's golf course facility. C. Beach Club Pool Construction: HGA shall construct a heated and filtered "kiddie pool" at the Beach Club's location. HGA shall immediately make application for necessary construction WI permits and complete construction within six (6) months from the • date of their issuance. D. First Mortgage Lien /Waiver: HGA has agreed to forego holding a first mortgage lien on the Club property (intended to secure payment for the balance of their purchase price) , and will retain possession and control of unissued membership certificates, in accordance with the terms of the Offering Plan. E. Limited Use of Golf Course Facilities: It is confirmed and acknowledged between the parties that HGA shall retain the right to the use of the golf course facilities without charge for golf carts or green fees during non -prime times (after 12 noon), in connection with the sale of its remaining properties (and attendant Club memberships representing the balance of the Club's purchase price) . HGA's rights of use shall extend to • resales under circumstances in which such a transaction could result in the sale of an unissued Club membership reserved by HGA for payment of the balance of the Club purchase price. Such resales shall not be included in the definition of "unsold lots" as that term is used throughout this Stipulation in measuring the term during which HGA retains rights concerning the Club document modification, POA management, or maintenance of an on -site sales office. F. Repairs to Maintenance Facility: HGA agrees to supplement the fire protection system, correct all electrical deficiencies (as per applicable building code) , repair leaks in the roof, and correct the existing OSHA violations as specified in • Environmental Consulting Services, Ines. report dated February 6, 9 1991, relating to the Club's existing maintenance facility, all to • be completed prior to Turnover. In addition to the foregoing, HGA shall pay Fifty Thousand Dollars ($50,000.00) to the Club at Turnover, to fund future costs of repair and maintenance to the facility. Notwithstanding the foregoing, this payment is made without restriction and may be utilized for any purpose deemed appropriate by the Club, in its sole and absolute discretion. G. Engineer's Report - Repairs /Corrections: HGA has provided a written response to the engineering report prepared in behalf of the Club membership, specifying the corrective action /repairs undertaken and to be undertaken by HGA, in full satisfaction of its responsibilities to cure any defects in the facilities being conveyed to the Club at the time of Turnover. A copy of the engineer's report and HGA's response is Exhibit "F" • hereto. HGA shall have no responsibility with regard to any item listed in Exhibit "F" except as provided in this Settlement Stipulation and in HGA's response which is a part of Exhibit "F "; provided, however, that any item which is not constructed in accordance with applicable building codes which existed at time of construction as well as certificate of occupancy or certificate of completion, if required by the appropriate jurisdictional agency to be in accordance with the code in effect at time of issuance of such certificate of occupancy or completion, shall be corrected at HGA expense, regardless of their response in Exhibit H. Additional Golf Course Repair: HGA shall pay. Forty Thousand Dollars ($40,000.00) to the Club, at Turnover, towards the • 10 costs for maintenance, renovation and repair of the south golf • course's 16th and 17th fairways. I. Offsite Water Source/ Irrigation: HGA agrees to pay in the event the Club secures an interim offsite water source or is permitted to dig an additional well for irrigation of the golf course facilities and POA common areas (until such time "grey water" is made available by the servicing utility company) one -half (1/2) of the fees /costs incurred in connection with obtaining such interim water source, in an amount not to exceed Twenty -Five Thousand Dollars ($25,000.00). Said payments by HGA shall be made at the time the expense is incurred by the Club. .J. Amendments to Club Document: Following turnover, HGA agrees to permit the Club to amend the Club documents, including, but not limited to, its Articles of Incorporation, • By -Laws, and Rules and Regulations, providing such amendments will not permit the Club to affect, limit,or prevent HGA's issuance of reserved memberships in connection with their sale of lots and their right to receive corresponding payments due for subscription. Notwithstanding the foregoing, all proposed changes to the documents should be presented to HGA in writing for their review. HGA shall be given an opportunity to determine in good faith, whether such proposed amendments affect, limit or otherwise restrict HGA's issuance of a reserved membership in connection with their sale of lots and right to receive corresponding payments due for their issuance. If the proposed amendments are determined not to effect HGA's rights as aforementioned, no consent shall be • required by HGA. If HGA determines its rights are effected, HGA 11 must deliver a written objection within fifteen (15) days after receipt of the Amendment, and if no such written objection is received, the Amendment shall be deemed approved. Provided, however, that should HGA sell or transfer its interest in its remaining lots, the right of review shall not be transferred to HGA's successor. All of HGA's rights whatsoever with regard. to the Club or the Club documents shall terminate three (3) years from Club Turnover or when there remains no more then seven (7) unsold lots owned by HGA whichever first occurs. Provided, further, that if HGA retains a security interest in its remaining lots after a bulk sale, the aforesaid right of review shall remain in effect three (3) years from Club Turnover or until the security interest exists on less than ten (10) lots, whichever first occurs. Prior to Club Turnover, all documents including the Plan for the offering • of memberships in Frenchman's Creek Yacht, Beach and Country Club, 0 Inc., the Subscription Agreement, the Agreement to Turnover, the By -laws, the Articles of Incorporation, the Legal Descriptions, and the Note shall be amended to reflect the terms of this Stipulation. Nothing herein shall be construed to permit the Club to alter HGA's rights to review, terminate or amend the Club documents in any way which would interfere with or prevent HGA's right to collect equity payments for Club memberships for unsold lots until all HGA's memberships are sold. After HGA's right of-review terminates as provided in this paragraph, HGA shall nevertheless be given notice of all proposed amendments, before and after adoption, so long as HGA owns lots at Frenchman's Creek. 12 K. Environmental Audit /Compliance: The "Executive • Summary" and the Section 7- Conclusions from the Environmental Audit done on behalf of the Frenchman's Creek Advisory Committee by James M. Montgomery, Consulting Engineers, Inc., is attached hereto as Exhibit "G." A memorandum from Jones, Foster, Johnston & Stubbs, P.A. is attached as Exhibit "H." HGA acknowledges its responsibility to correct all hazardous waste and environmental deficiencies required in order to comply with all local, regional, state and federal rules, laws and regulations which are listed in said Montgomery report (the entire report, not simply the attachments hereto) and in Exhibit "H" to the satisfaction of the aforesaid James Montgomery (hereinafter "the Consultant "). In the event that such conditions have not been corrected before Turnover, the Consultant shall establish a cost to effect correction of such conditions and at Turnover HGA shall escrow sufficient funds to pay for all required corrections. If HGA disagrees with the estimate of the Consultant, HGA shall be entitled to obtain their own estimates from an independent environmental engineer of their own selection and at their own cost. If HGA's estimates deviate by more than ten (10) percent in total from the Consultant's estimate, then the Consultant and HGA's environmental engineer shall select a third environmental engineer who shall also render an opinion or estimate of the total cost and HGA shall escrow an amount equal to the average of the three opinions. In the event the third environmental engineer is required, then the fees and costs for the. third environmental engineer shall be divided equally between HGA • and the Club. 13 1. In addition to the environmental matters set • forth in Exhibits "G" and "H," HGA, prior to Turnover, shall conduct, at its expense, the testing of all necessary water samples representative of the entire surface water management system at Frenchman's Creek, which shall include water retention basins located on golf course as well as POA properties. HGA acknowledges its responsibility to correct all hazardous waste and environmental deficiencies found to exist, in order to comply with all local, regional, state and federal rules, laws and regulations. In the event conditions are found which cannot be corrected prior to POA Turnover to the residents, the terms for escrow of sufficient funds to pay for such corrections, as set forth in Section (k) above shall be followed regarding this subsection. (k)(i). The Club's Consultant shall determine whether the extent of the testing conducted by HGA's consultant has conformed to customary standards and procedures. If such standards and procedures have not been met HGA may be required to conduct further testing. L. Membership Subscription/Payment at Turnover: Prior to Turnover, the Club's Advisory Committee agrees to request the members to pay the balances due on their equity subscriptions to an account designated by the Advisory Committee. It is further acknowledged that the collection of such sums is necessary in order to provide HGA the ability to convey all of the assets, subject to conveyance at Turnover, free of all existing liens and encumbrances. Notwithstanding the foregoing, HGA acknowledges and agrees that the Club, or its members in good standing, shall have no responsibility to make payment on behalf of any defaulting Club 14 Member. The Club agrees not to accept payments for dues or provide • any benefit of membership and /or use of the Club facilities to individuals who have failed to pay all remaining amounts due HGA under the terms of the Subscription Agreements) within thirty days from date of Turnover. A membership certificate for each non- paying member shall be held by HGA (together with unissued memberships being reserved for unsold lots) , together with all rights for enforcement and collection of payments. The security for such payments shall be exclusively limited to the membership certificate held by HGA, together with rights of enforcement provided under the Subscription Agreement. The Club agrees to honor HGA's rights of enforcement for collection of all payments due. under the Subscription Agreement(s) and to take no action • inconsistent with HGA's rights to receive such payments. M. HGA - Dues Payment: Following the date of Turnover, HGA shall pay to the Club an amount, based on each unsold lot for which a Club membership has been reserved, equal to 50% of the dues assessed during the period in which HGA lot(s) remain unsold ( "Assessment Period "). The Assessment Period, and payments due thereunder, shall equal the period in which HGA remains in ownership of each unsold lot, but in no event to exceed two (2) years following the Turnover Date. Payment shall be due the Club upon HGA's receipt of the subscription payment made by the purchaser of the lot, for issuance of a membership, reserved by HGA. Such amount shall be prorated, on a monthly basis, for the Assessment Period. Notwithstanding the payment of amounts set is forth above, HGA shall pay, on the first and second anniversary 15 dates following Turnover, providing there are HGA lots remaining unsold, an amount equal to the shortfall, if any, between the total aggregate amount of payments made in the preceding fiscal year, and One Hundred Five Thousand Dollars ($105,000.00) ( "Minimum Annual Payment Amount "). All payments received by the Club during the preceding fiscal year (generated through the subscription payments made for issuance of an HGA- reserved membership) shall be applied as a credit in reduction of the Minimum Annual Payment Amount. Fifty percent (50 %) of the 1990 annual dues of Three Thousand Nine Hundred Ninety Dollars ($3,990.00) shall be established as the basis for calculating the amount to be paid by HGA (for each unsold lot) during the Assessment Period. Notwithstanding the foregoing, the total aggregate amount to be paid by HGA shall not exceed Two Hundred Ten Thousand Dollars ($210,000.00). • N. Security Installations: HGA agrees to provide at HGA's expense television cameras at the bridge under Donald Ross Road and at the location where the road and canal cross under Prosperity Farms Road Bridge and at the culvert under AlA on the fourth hole of the south golf course, approximately thirty feet north of the fourth green. Monitors for such cameras shall be installed at the main gatehouse of Frenchman's Creek. O. Certified Survey: A certified survey shall be provided by HGA prior to Turnover with regard to all real property to be owned by the Club after Turnover. In the Title Insurance Commitment and Policy to be provided by HGA to the Club, the survey exception shall be deleted, based upon the aforesaid survey which shall meet the Florida Statute 472.025 survey requirements. 16 P. Title Insurance Policy: In the Agreement to Turnover, on page 7, it is provided that HGA will provide a title insurance policy "subject to such other matters which will not render title uninsurable." The word "unmarketable," shall be substituted for the word "uninsurable." Prior to Turnover, HGA shall obtain the following affirmative title insurance endorsement to the title commitment: "The Company affirmatively insures the Insured against loss or damage incurred by the enforcement or attempted enforcement of the covenants referenced in Deed Book 1144, Page 248, Public Records of Palm Beach County, Florida. (This affects the Beach Club Parcel). HGA shall either (a) obtain a release of the reservations, conditions, restrictions, and covenants specified in instruments recorded in Official Records Book 4752, Pages' 1618, et. seq., 1724 et. seq. and 1,738 et. seq. (the "Covenants ") ; or (b) indemnify the Club against loss or damage, including reasonable attorneys fees, incurred by the Club arising out of the use, enforcement, or attempted use or enforcement of the Covenants. Prior to Turnover, HGA shall cause the POA to assign the maintenance obligations for the water management tracts on the golf course parcel to the Club, which agreement shall provide that the Club shall receive an offset for POA assessments resulting from the Club's actual cost incurred in the maintenance of such tracts, said agreement to be satisfactory to counsel for HGA and counsel for the Membership Representatives. `V7 Q. Yacht Club Plat: HGA shall record the plat of the Yacht Club in the public records 'of Palm Beach County unless counsel for the Club agrees otherwise, in writing. R. HGA Indemnification to Country Club re: Golf Course Lake Bank Slopes /Compliance: HGA agrees to indemnify and hold the Country Club harmless for the costs incurred to bring the golf course lakes and canal banks into compliance and otherwise meet the criteria proposed by governmental jurisdictional permitting agency if such action is required by the permitting agency in the absence of further application for modification to the extent of the following. 1. All golf course lake /canal bank slopes which have been constructed and /or modified by HGA and specifically identified as those existing on or adjoining the 11th, 16th and • 17th golf holes of the south course, and the 9th hole of the north course; and 2. All lake bank slopes located on the golf course tract which are connected or adjoining lake bank slopes constructed by HGA in conjunction with its development activities ( "Development Lake Bank Slopes "). Rights of indemnification to the Club regarding subparagraph 1 above shall extend for a period not to exceed five years from the date of turnover. Rights of indemnification concerning the Club regarding subparagraph 2 above shall terminate upon HGA providing written approval from the appropriate jurisdictional governmental permitting agency, verifying • construction, of the Development Lake Bank Slopes, has been 18 • completed in compliance with conditions of permits issued for their construction, as well as general criteria, if any, of such agency. S. Limit on Golf Club Memberships: HGA agrees that Club memberships with golf privileges shall at no time exceed 600 memberships. T. Purchase Price and Note: 1. In lieu of all provisions in the Club documents, all of HGA's (or their successors) rights with regard to Club memberships and the method of computation of the purchase price of the Club shall be as follows. 2. As a condition precedent to Club Turnover, HGA shall provide an itemized list of: a. all parcels sold -but not conveyed by HGA on which a residence is being or will be constructed on date of Turnover, but to the owner of which no Club membership has been assigned or allocated; and b. all parcels (unimproved lots and Lots improved with residences) owned by HGA or any developer who ,purchased lots from HGA ( "Developer "),, and to which parcels no Club membership has been assigned or allocated. (The sum total of parcels described in (a) and (b) as well as Lot 8E1 hereinafter called the "designated lots /parcels. "] 3. At Club Turnover, the Club shall deliver to HGA a signed and _numbered "Charter Certificate of Membership" specifically referring and limited to the designated lot /parcel to which said membership is allocated. HGA shall be entitled to sell each of these memberships as a Golf Membership to the ultimate H601 buyer of said lot who is a resident of Frenchman's Creek who intends to reside therein. 4. The promissory note from the Club (the "Corporation ") to HGA to be delivered at Club Turnover representing the balance due on the Club purchase price shall equal the total number of "designated lots /parcels" multiplied by $60,000.00. The Note shall be in the form of Exhibit F included in the Club documents, except as modified to conform with this Stipulation. The total amount of the Note represents the balance of the purchase price due HGA for the sale of its assets transferred to the Club at Turnover to be adjusted as hereinafter set forth. 5. After Club Turnover, the Note shall be reduced by $60,000.00 each time that a "designated lot /parcel" is deeded by HGA or a Developer to the ultimate resident purchaser, whether or • not a membership is issued to the resident purchaser of one of these parcels, and without regard to the type of membership purchased. For example, if HGA or a Developer conveys one of the parcels listed in 2(a) or (b) above, and the resident purchaser of the parcel does not subscribe for a membership in the Club, HGA shall return the "Charter Membership Certificate" allocated for that designated lot /parcel to the Club, reduce the note by $60,000.00, and have no further rights or interest to that membership certificate. If HGA or a Developer conveys one of the parcels listed in 2(a) or (b) above, and the purchaser of the parcel acquires a Tennis membership in the Club, thus paying $30,000.00, HGA shall nevertheless reduce the note by $60,000.00 • and shall have no further interest in that membership. 20 6. The sole exception to the above shall arise in the event that one of the parcels listed in 2(a) and 2(b) above is conveyed after Turnover to an existing Club Member ( "pre- existing Club member ") who retains his membership after purchasing his new residence and is reselling his old residence. In that event, the "Charter Membership Certificate" which was assigned to tha designated lot /parcel shall now be re- assigned to the property which is being sold by the pre- existing Club member. When the resale parcel ( "the resale parcel ") is sold, the certificate shall be treated as in Paragraph 5 above. 7. HGA covenants and agrees that, after Turnover, the price for Club membership with golf privileges shall be $60,000.00 and the price for a Tennis Membership shall be Ig $30,000.00. Any deviation from those prices must be approved by the Club Board of Governors. 8. After the Club Turnover, HGA shall have no interest (financial -or otherwise) in the change of membership status of Frenchman's Creek property owners from non -Club member to Club member or from Tennis membership to Golf member, other than those memberships and certificates provided for in Sections 2, 3, 6, and 10 of this Article II T. 9. The procedure to be followed when HGA (or its successor) sells a designated lot \parcel to a_ resident buyer who wishes to acquire a Club membership is as follows. Upon, the resident buyer paying $60,000.00 to the Club (or $30,000.00 if a Tennis Membership is being issued), HGA shall surrender the Membership Certificate which has been assigned to that designated 21 lot /parcel to the Club in exchange for the payment of $60,000.00 • (or $30,000.00 if a Tennis Membership is being issued), in partial reduction of the balance of the Note between the Club and HGA. The Club shall issue a new charter certificate to the said resident buyer after its receipt of the Certificate surrendered to it by HGA. In the event said resident buyer does not wish to acquire a Club membership, the certificate is nonetheless surrendered by HGA to the Club in accordance with paragraph Five herein. 10. In addition to the Certificates provided in this Section (T) , the Developer will hold and may dispose of those Certificates allocated to those prospective Club members who default in the payment of all amounts due to HGA as provided in Section.II.(L) above provided, however, that the certificate of said defaulting member may only be disposed of by HGA or its successor . to an ultimate purchaser of the said defaulting members' parcel. III. PROPERTY OWNERS' ASSOCIATION/ TURNOVER: HGA acknowledges and agrees to Turnover, ownership and operation of the POA, and its facilities ("POA Turnover "), within ninety (90) days following successful Turnover of the Club to its membership. A. POA Turnover Procedures: 1. At POA Turnover, HGA shall convey to the POA all land and facilities within the Frenchman's Creek PUD, defined as all land south of Donald Ross Road less those areas which have previously been conveyed to the Club and third party purchasers, any tracts designated on plats for conveyance to adjoining property owners or, which are being held for sale to third parties by HGA, including residential lots, the marina, and sales facility (the 22 "POA Property "). The POA Property shall also include all real property which has been previously dedicated to the POA, and the land located between Verde Drive and Verde Court on the west and the golf driving range on the east, in Section G4 (which land has been shown as Lots 1 through 13 on previous plans). In the event any additional properties are dedicated to the POA subsequent to Turnover, in connection with the development of the unsold parcels within Frenchman's Creek south of Donald Ross Road, PUD, upon said parcels being platted, and facilities being dedicated to the POA, HGA shall likewise convey such parcels to the POA, subject to the same terms, conditions and provisions, as if said land had been dedicated to the POA prior to the date of Turnover of the POA. 2. HGA represents that all of the equipment and • personal property which has been used directly in the operation of the POA facilities and properties shall be owned by the POA at Turnover, free and clear of all liens and encumbrances. Provided, however, any leased equipment (not owned by the POA) are subject to lease payments for which are accommodated in the present POA budget. 3. At least twenty (20) days prior to Turnover of the POA, HGA shall, at its expense, deliver to counsel for the POA Advisory Committee: a. an affidavit of a surveyor licensed to practice in Florida, certifying to the POA that the property described in the legal description attached to the certificate constitutes the description of the all of the POA Property as • hereinabove described; that all of the property within the 23 Frenchman's Creek PUD located south of Donald Ross Road has been platted (not the marina and Yacht Club) , that all of the POA property is contiguous; and, that there are no gaps, gores or hiatuses in the POA property; and b. a title certificate issued by a title insurance company doing business in Florida reasonably and acceptable to counsel for the POA Advisory Committee, certifying to the POA that there are no easements, encumbrances, restrictions, reservations, or other matters of record affecting the POA Property, other than those matters shown on previously filed plats of the POA Property or specifically listed on the Title Certification. HGA agrees not to record any instruments affecting the POA Property between the date of Turnover and the effecting date of the certificate of the title insurance company. 4. At POA Turnover, HGA shall convey title to the POA, by quit claim deed, subject only to zoning, taxes for the year of closing, and all subsequent years, and all easements, covenants, restrictions and reservations of record, which do not render title unmarketable. HGA shall be obligated to cure any title defects which either render title unmarketable or frustrate the enjoyment of the POA property for its designated use on the plats, release all security interests and cure any defects noted in the surveyor's affidavit; provided however, HGA shall either (a) obtain a release of the reservations, conditions, restrictions, and covenants specified in instruments recorded in Official Records Book 4752, Pages 1618, et. seq., 1724 et. seq. and 1738 et. seq. (the • "Covenants "); or (b) indemnify the POA against loss or damage, 24 including reasonable attorneys fees, incurred by the POA arising • out of the use, enforcement, or attempted use or enforcement of the Covenants, in lieu of curing said defects. 5. At POA Turnover, HGA shall deliver to the POA a list of all inventory, equipment, personal property used in connection with the operation of the POA Property and facilities and included in the Turnover. 6. Upon request of the POA Advisory Committee HGA shall make available for review, inspection or copying, any and all bonds, permits, plats, title information, effecting POA Property and shall afford unlimited access. B. Retention of Rights: POA Turnover shall be expressly subject to HGA's retaining for a period not to exceed three (3) years from the date of Club Turnover or until there remain no more than seven (7) unsold lots owned by HGA ( "Management Term "), whichever first occurs, the management and control of the • POA's operation, as follows: 1. HGA shall maintain. management of all repairs and maintenance of the POA's common areas and facilities. This shall include management of all landscaping and maintenance presently undertaken by the POA. 2. Management and control of architectural and engineering review by the New Construction Committee for the POA. 3. Management of the community's security services and front gatehouse facility. 25 4. Establishment and control of the POA's budget following standards that are not lower than the level heretofore established by HGA. Provided, however, that the POA Board shall have the right with HGA's consent during the Management Term to redetermine the allocation of POA assessments on a fair and equitable basis between the Country Club and the various sub - communities within Frenchman's Creek. C. Termination of HGA's Rights: HGA's rights of management and control of the POA of whatsoever kind, set forth in this Stipulation or any other document, shall terminate three years from Club Turnover or when there remain no more than seven (7) unsold lots owned by HGA or, after a bulk sale, so long as HGA retains a security interest in ten (10) or more lots, whichever • first occurs. • D. "Management Term" - Budget: During the time during which HGA retains management and control ( "Management Term "), residents of the community shall be elected to the Association's board of directors to oversee operation of the POA, as well as maintain operation of the POA in the areas not within HGA's management and control. Any proposed decreases in services or benefits, presently made available by the POA to its members made by the POA's board of directors, shall require HGA's consent during the Management Term. Increases in the budget may be made without HGA approval so long as any increases in the budget resulting from changes in services proposed by the POA's directors and not RIN. approved by HGA shall not be assessed upon HGA lots remaining unsold at the time of such assessment. E. Interim Advisory Committee:, During the ninety day period between Club Turnover and POA Turnover, the currently existing Advisory Committee for the Club shall appoint an interim Advisory Committee for the POA which shall address engineering, financial, environmental, and miscellaneous matters relating to POA operations and property, including such inspections and investigations required to constitute due diligence. F. Correction of POA Defects: Prior to POA Turnover, after completion of due diligence by the POA Advisory Committee, HGA shall correct all defects noted by the experts retained by the POA Advisory Committee (hereinafter "the POA's experts ") except for those defects which are properly bonded by sureties posted under applicable law. In the event that such defects have not been corrected before Turnover, the POA's experts. shall establish a cost to effect correction of such defects and at Turnover HGA shall escrow sufficient funds to pay for all required corrections as determined to exist in violation of applicable rules, laws and regulations of appropriate governmental entities. In addition to the defects referenced above, HGA shall correct such conditions directly resulting from its development activities which affect POA property (i.e. pot hoes in roads, etc.). If HGA disagrees with the estimate of the POA's experts, HGA shall be entitled to obtain their own estimates from independent experts of their own selection and at their own cost. If HGA's estimates deviate by more than ten (10) percent in total from the POA's experts' estimate, then the 27 E POA's experts and HGA's experts shall select a third expert who shall also render an opinion or estimate of the total cost and HGA shall escrow an amount equal to the average of the three opinions. In the event the third expert is required, then the fees and costs for the third expert shall be divided equally between HGA and the POA. G. POA Board of Governors: After the POA Turnover, the POA Board of Governors will be elected by the owners at Frenchman's Creek pursuant to the POA documents, provided, however, that HGA shall have two (2) voting seats on the Board for three years following POA Turnover. H. HGA Obligation to Pay Assessments: HGA will pay assessments for each building lot owned by them after. POA Turnover, but only the portion of the assessment representing contributions to the Association's "general fund" (for common areas) shall be imposed until a home is constructed on the lot (i.e. a certificate of occupancy is issued) and full service is provided by the Association. I. Limit on Lots: HGA agrees that there shall be no more than six hundred ten (610) parcels of land upon which homes may be constructed with Frenchman's Creek. IV. DEDICATION OF PARK /PRESERVE AREA - CONDITIONS: HGA agrees that its compliance, under the terms of Frenchman's'Creek's development order, requiring. that an eleven -acre tract of land adjoining the Intracoastal Waterway and Marina Facility be conveyed to the appropriate governmental municipality for park use, would NN expressly provide for and /or otherwise be subject to the following • conditions: A. Neither the Club, the POA, nor their members will have any present or future responsibility for the maintenance and operation of the subject property; and B. Dedication of the subject property shall not effect easement rights for water access, granted for the benefit of Frenchman's Creek's residents, between the Intracoastal Waterway and the Marina /Yacht Club Facilities, to provide ingress and egress from the navigable canals within the Frenchman's Creek community. C. HGA shall use its best efforts to assure that the subject property shall be restricted to passive uses only, such as a natural preserve. Provided, further, that HGA shall ensure that the right to maintain access through the channel through this park, to include the right to dredge the channel from the marina parcel to the intercostal waterway, is reserved to the Marina owner. V. FRENCHMAN'S CREEK REALTY - MARKETING AND SALES: HGA shall be permitted to maintain its present Frenchman's Creek Realty marketing and sales activities until such time as there remain no more than seven (7) unsold lots owned by HGA, but in no event beyond seven (7) years following the date of Club Turnover. Notwithstanding the foregoing, in the event HGA -sells or transfers its interest in the marketing and sales activities of Frenchman's Creek Realty, or if HGA sells or transfers HGA's interest via a bulk sale of (80 %) eighty percent or more of HGA's remaining lots, . its successor in interest shall be entitled to operate the sales 29 office for a period until such time as the Buyers have sold all but. five (5) lots owned by them, but in no event beyond five (5) years following the Club Turnover Date. The sales office shall be used solely for the sale and resale of Frenchman's Creek properties located on the south side of Donald Ross Road. VI. REPRESENTATIONS OF HGA WITH REGARD TO CONTRACTS, EQUIPMENT, AND ACCOUNTS RECEIVABLE OF THE CLUB: HGA hereby represents that the list of contracts on Exhibit J hereto constitutes all of the contracts in existence or which will be in existence on March 1, 1991, the projected date of Turnover. Further, HGA represents and warrants that the equipment inventory list dated November 27, 1990, as to the golf maintenance equipment and the computer printout with regard to "all fixed assets" as of June 30, 1990, are correct as of the dates reflected thereon and that, on March 1, 1991, the projected date of Turnover, there will be no material deviations from those lists except as to items which have been replaced or discarded in the normal course of business. Further, HGA represents and warrants that HGA has presented to the Advisory Committee computer printouts presenting open payables by vendor as of January 30, 1991, aged trial balances of accounts receivable as of January 30, 1991 and that said lists are accurate as of the dates reflected thereon. The Club shall not be responsible for any payables which are not listed on a list of accounts payable provided by HGA at Club Turnover and for which the Club has not received an appropriate credit against the closing adjustments. Insofar as accounts receivable are concerned the following provisions shall govern: 30 A. The Club shall pay Half - Gaines for all accounts . receivable owed to the Club by its members as of the date of Turnover except for receivables which are more than 90 days old as of the date of Turnover which receivables shall remain the property of HGA. 0 To the extent any of the receivables paid for by the Club at Turnover subsequently become 90 days or more delinquent, the Club may reassign those receivables to HGA within 30 days thereafter and HGA will in turn promptly reimburse the Club for the full amount of the uncollected-receivables being so reassigned. The Club agrees that pursuant to the Club rules it will suspend the membership any Club member who has not paid the Club for monies due the Club on accounts receivable within 90 days from the date due and if at any future date the suspended Club member is reinstated by paying the Club for the monies due, to the extent that the Club collects any money that has been charged back to HGA, HGA shall be promptly reimbursed by the Club. If a suspended member subsequently sells his home in Frenchman's Creek and seeks to transfer his membership certificate as provided for in the by -laws, to the extent that the member owes money to the Club, the amount owed will be deducted from the money to be paid to the suspended member at the time of such certificate transfer and if the amounts deducted include money previously reimbursed to the Club by HGA or monies due to HGA for periods prior to the Turnover which were not paid to HGA at the Turnover, then and in such event the Club, upon being reimbursed by said 31 member shall reimburse HGA for their share of said previously. • uncollected account receivable. B. Insofar as account receivable from members who do not pay the balance of their equity subscription agreements are concerned, Article 2.s.10 of this stipulation provides that HGA will hold and dispose of the certificates allocated to prospective Club members who default in the payment of the equity subscription amounts due to HGA. To the extent that any of said members who are in such default owe the Club any money, HGA agrees if it exercises its right .to declare a default and to retain the membership certificate of any said defaulting member HGA shall promptly reimburse the Club for any unpaid accounts receivable due from such defaulting member. VII. PERIMETER FENCES AND PLANTINGS: Prior to Club Turnover, and as a condition thereto, HGA shall, at HGA expense, repair all perimeter fences to their original condition, but not an improved condition, and replace all dead and damaged perimeter plantings, whether on POA or on Club property. VIII. EFFECTIVE DATE OF SETTLEMENT STIPULATION: A. Majority Vote of Those Club Members Voting: This Settlement Stipulation shall be submitted to the Club Members (as defined in Paragraph 1 of the Recitals herein) for approval. In the event that a majority of the Club Members voting approve the Settlement Stipulation, the Settlement Stipulation shall be presented to the Circuit Court for approval pursuant to the Notice • to Club Members set forth herein. 32 B. Effective only upon Court Approval: This Settlement • Stipulation shall become binding upon the parties hereto, and all members of the class, only upon approval by the Circuit Court. IX. PROPOSED CLUB TURNOVER DATE - MARCH 1, 1991: A. In the event this Settlement Stipulation is approved by the Court, the Club Turnover shall occur on March 1, 1991 or one day after Court approval, whichever date occurs last. X. SPECIFIC PERFORMANCE: All obligations hereunder shall be deemed subject to any Order requiring Specific Performance. XI. RETENTION OF JURISDICTION: The Circuit Court shall retain jurisdiction for the enforcement of the terms of this Settlement Stipulation. XII. PREVAILING PARTY ATTORNEYS FEES: In the event that any action is brought to enforce the terms of this Settlement Stipulation, the prevailing party shall be entitled to recover reasonable attorneys fees from the unsuccessful party, as well as costs incurred. XIII. CONFLICT BETWEEN THIS SETTLEMENT STIPULATION AND CLUB DOCUMENTS OR POA DOCUMENTS: In the event that this Settlement Stipulation is found to conflict in any way with the Club Documents or the POA Documents, this Settlement Stipulation shall control and prevail. _ XIV. INDEMNIFICATION. HGA agrees to indemnify and hold harmless the POA and Club for any damage or expense caused the Club or POA by the is alleged encroachment of a berm on church property on the south side of the PUD, south of the waterfront patio homes, including all 33 costs of litigation, including attorney's fees, all damages suffered by the church property because of the encroachment or because of drainage onto the church property, or otherwise. Alternatively, HGA may elect to defend at its cost and expense any action brought concerning said matter, but shall in any event be responsible for any damages to the POA or Club. XV. PENDING LITIGATION. HGA warrants and represents that there is no pending litigation nor written threats of litigation with regard to the POA or Club or the POA or Club Property, except the above - styled litigation and "Axenfeld versus Frenchman's Creek Property Owners' Association, Inc. a Florida corporation," Case Number CL 90 -7323- AF. XVI. PRORATIONS. All prorations of expenses and funds as well as adjustments for payables and receivables, wages and payroll at Turnover shall be as of March 1, 1991. XVII. MISCELLANEOUS. Article XIII. C of the Declaration shall be construed to provide that minor repairs shall be permitted outdoors within the Marina boatyard facility, and that the Declaration shall be changed to so provide, prior to Turnover. DEFENDANT: FRENCHMAN'S CREEK YACHT, BEACH AND COUN RY CLUB, INC. : Y B v 34 PLAINTIFFS: HAFT - GAINES ASSOCIATES, a Florida General Partnership By: H -G ASSOCIATES, LTD., a Florida Limited Partnership and General Partner of Haft - Gaines Associates {ASMS24101\9T 1 ►.3 1/13111 • tuft By: HArr -GA rHl►.A GROUP. INC. • • piprAA# Corporation and iGaneral Pa rat rtnar L n � = • •n 35 Real property located in Palm Beach County, Florida, described as follows: • Commence at the Northwest corner of the Northeast Quarter of said Section 29; thence South 01° 52' 43" West, along the West line of said Northeast Quarter (the West line of said Northeast quarter is assumed to bear South 01 ° 52' 43" West and all other bearings are relative thereto), a distance of 60.00 feet to the South line of the North 60.00 feet of said Northeast quarter and the Southerly Right -of -Way line of Donald Ross Road; thence South 87° 29' 06" East, along said South line and the Southerly Right -of -Way line of Donald Ross Road, a distance of 202.49 feet to the Westerly Right -of -Way line of the Intracoastal Waterway as shown on the plat thereof recorded in Plat Book 17, Page 7, Public Records of Palm Beach County, Florida; thence South 15" 50' 15" East, along said Westerly Right -of -Way line, .a distance of 730.97 feet to the Point of Beginning; thence continue, along said Right -of -Way line, South 15° 50' 15" East a distance of 164.92 feet to a point; thence departing from said Right -of -Way line, North 87° 29'06" West, a distance of 510.45 feet to the beginning of a non - tangent curve, concave to the Southwest, having a radius of 1961.81 feet, a central angle of 01° 57'40", and a radial bearing, at this point, of South 740 46' 11" West; thence Northwesterly, along the arc of said curve, a distance of 67.15 feet to the terminus of said curve; thence North 77° 26' 01" West, along a non - tangent line, a distance of 148.78 feet to a point; thence North 87" 27' 05" West a distance of 322.97 feet to a point; thence South 39° 21' 31" West a distance of 354.25 feet to a point on the Northerly Right -of -Way line of Prosperity Farms Road as recorded in Official Record Book 3537 at Page 989, according to the Public Records of Palm Beach County, Florida; thence North 680 14' 59" West, along said Right -of -Way line, a distance of 493.90 feet to the beginning of a curve concave to the Northeast, having a radius of 660.00 feet, and a central angle of 27° 52' 33 "; thence, Northwesterly, along the arc of said curve, a distance of 321.11 feet to the beginning of a non - tangent curve concave to the Southeast, having a radius of 235.76 feet, a central angle of 19° 45' 19 ", and a radial bearing at this point of South 41° 56' 39" East; thence, departing from said Right -of -Way line, along the arc of said curve, a distance of 81.29 feet to a point of compound curvature with a curve concave to the South, having a radius of 12.00 feet, and a central angle of 510 15' 46 "; thence, Easterly, along the arc of said curve, a distance of 10.74 feet to a point of reverse curvature with a curve concave to the North, having a radius of 88.00 feet, and a central angle of 940 30' 33 "; thence, Easterly and Northeasterly, along the arc of said curve, a distance of 145.16 feet to the point of tangency; thence North 24° 33' 51" East a distance of 76.86 feet to a point; thence North 02° 33' 27" East a distance of 73.16 feet to a point; thence South 870 26' 33" East a distance of 8.00 feet to a point; thence North 02" 33' 27" East a distance of 60.00 feet to a point; thence South 87° 26' 33" East a distance of 374.00 feet to a point; thence North 01 ° 52' 43" East a distance of 412.50 feet to the Southerly Right -of- Way of said Donald Ross Road; thence South 87° 26' 33" East, along said Right -of -Way line, a distance of 487.66 feet to a point; thence, departing from said Right -of -Way line, South 190 54' 45" East a distance of 750.85 feet to a point; thence South 870 29' 06" East a distance of 516.04 feet to the Westerly Right -of -Way line of said Intracoastal Waterway and the Point of Beginning. i EXHIBIT "A" Real property located in Palm Beach County, Florida, described as follows: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 29: THENCE SOUTH O1' 52' 43" WEST. ALONG THE EAST LINE OF SAID NORTHWEST QUARTER (THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 IS ASSUMED TO BEAR SOUTH Ol' 52' 43" WEST AND ALL OTHER BEARINGS ARE RELATIVE THERETO), A DISTANCE OF 60.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 60.00 FEET OF SAID NORTHWEST QUARTER AND THE SOUTHERLY RIGHT- OF-WAY LINE OF DONALD ROSS ROAD; THENCE NORTH 87' 26' 33" WEST, ALONG SAID RIGHT-OF -WAY LINE. A DISTANCE OF 857.52 FEET TO A POINT; THENCE SOUTH 01' 52' 43" WEST, DEPARTING FROM SAID RIGHT - OF -WAY LINE, A DISTANCE OF 412.50 FEET TO A POINT; THENCE NORTH 87' 26' 33" WEST A DISTANCE of 374.00. FEET TO THE POINT OF BEGINNING of THE HEREINAFTER DESCRIBED PARCEL; THENCE SOUTH 02' 33' 27" WEST A DISTANCE OF 60.00 FEET TO A POINT; THENCE NORTH 87' 26' 33" WEST A .DISTANCE OF 8.00 FEET TO A POINT; THENCE SOUTH 02' 33' 27" WEST A DISTANCE OF 73.16 FEET TO A POINT; THENCE SOUTH 24' 33' S1" WEST. A DISTANCE OF 76.86 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF •88.00 FEET. AND A CENTRAL ANGLE OF 94' 30' 33 "; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 145.16 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 12.00 FEET, AND A CENTRAL ANGLE OF 51' 15' 46 "; THENCE, WESTERLY, ALONG THE ARC OF SAID CURVE A DISTANCE OF 10.74 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST. HAVING A RADIUS OF 235.76 FEET, A CENTRAL ANGLE OF 19' 45' 19 ". AND A CHORD BEARING OF SOUTH 57' 56' 00" WEST; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 81.29 FEET TO A POINT IN A CURVE BEING THE EASTERLY RIGHT- OF-WAY LINE OF PROSPERITY FARMS ROAD AS RECORDED IN OFFICIAL RECORD BOOK 3537 AT PAGE 989, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID CURVE BEING CONCAVE TO THE NORTHEAST. HAVING A RADIUS OF 660.00 FEET, A CENTRAL ANGLE OF 52' 55' 39 ", AND A RADIAL BEARING AT THIS POINT OF NORTH 49' 37' 3H" EAST; THENCE NORTHWESTERLY AND NORTHERLY, ALONG SAID .RIGHT - OF -WAY LINE, AN ARC DISTANCE OF 609.68 FEET TO THE POINT OF TANGENCY; THENCE NORTH 12' 33' 13" EST A DISTANCE OF 125.59 FEET TO A POINT: THENCE NORTH 52' 33' 05" EAST A DISTANCE OF 32.14 FEET TO THE SOUTHERLY RIGHT-OF -WAY LINE OF SAID DONALD ROSS ROAD; THENCE SOUTH 87' 26' 33" EAST, ALONG SAID RIGHT- OF-WAY LINE, A DISTANCE OF 13.69 FEET TO A POINT; THENCE SOUTH 01' 52' 43" WEST A DISTANCE OF 412.50 FEET TO A POINT; THENCE SOUTH 87' 26' 33" EAST A DISTANCE OF 336.37 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" 0 DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE FRENCHMAN'S CREEK MARINA i THIS DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE FRENCHMAN'S CREEK MARINA, made and executed this day of , 1991, by HAFT- GAINES ASSOCIATES, a Flor general partnership. W I T N E S E T H: Whereas, Declarant has developed a residential community in Palm Beach Gardens, Florida known as Frenchman's Creek, a P.U.D. located south of Donald Ross Road in Palm Beach County, Florida ( "Frenchman's Creek "); and Whereas, pursuant to the Amended Declaration of Covenants and Restrictions for Frenchman's Creek, dated August 21, 1986 and recorded August 22, 1986 in Official Record Book 4981, at Page 0784, of the Public Records of Palm Beach County, Florida, Declarant created a property owners' association, known as the Frenchman's Creek Property Owners' Association, Inc. to own, maintain and operate the common areas of Frenchman's Creek; and Whereas, Declarant has also formed a private country club known as the Frenchman's Creek Yacht, Beach and Country Club, Inc., whose members are property owners within Frenchman's Creek; and Whereas, Declarant has developed a marina within Frenchman's • Creek which does not comprise common areas of Frenchman's Creek, and which is to be privately owned and operated by an entity or entities other than the property owners within Frenchman's Creek; and Whereas, Declarant recognizes that, due to their proximity and interrelationship, the Frenchman's Creek Yacht, Beach and Country Club and the Frenchman's Creek Property Owners' Association, Inc. have a certain interest in the operation of said marina and that certain restrictions on the marina property are desirable. NOW, THEREFORE, Declarant hereby sets forth these covenants and restrictions for the Frenchman's Creek Marina. ARTICLE I DEFINITIONS A. Amended Declaration shall mean and refer to the Amended Declaration of Covenants and Restrictions for Frenchman's Creek, dated August 21, 1986 and recorded August 22, 1986 in Official Record Book 4981, at Page 0784, of the Public Records of Palm Beach County, Florida, as it may be amended from time to time, which EXHIBIT C subjects Frenchman's Creek, except the Property, to its covenants and restrictions. B. Club shall mean and refer to the yacht club constructed on the property described in Exhibit A and any amenities associated therewith. C. Country Club shall mean and refer to the Frenchman's Creek Yacht, Beach and Country Club, Inc., a Florida corporation not - for - profit, a private club whose members are members of the POA. D. Declarant shall mean and refer to Haft- Gaines Associates, a Florida general partnership, the developer of Frenchman's Creek, including the Marina, and the present owner of the Property, together with all subsequent successor owners of the Property, their heirs, administrators, successors and assigns, all of which shall be bound by this Declaration. E. Declaration shall mean and refer to this instrument, as it may be amended from time to time. F. Frenchman's Creek shall mean and refer to Frenchman's Creek, a P.U.D., located south of Donald Ross Road in Palm Beach Gardens, Florida, including the Club and Marina. G. Marina shall mean and refer to the boat marina on the Property and any related amenities. H. Plat shall mean and: refer to the Plat of Frenchman's Creek Marina, A P.U.D., to be recorded in the, Public Records of Palm Beach County, Florida, the legal description of which is attached hereto as Exhibit B, which includes a 50 feet wide channel from the east side of the Prosperity Farms Road Bridge running Easterly through the Marina to the Intracoastal Waterway. I. POA shall mean and refer to the Frenchman's Creek Property Owners' Association, Inc., a Florida corporation not -for- profit, the members of which comprise the owners of residential property within Frenchman's Creek. J. Property shall mean and refer to the real property comprising the Plat, all of which is subject to this Declaration. ARTICLE II PROPERTY SUBJECT TO DECLARATION The property subject to this Declaration of Covenants and Restrictions shall be those lands described in the Plat. Upon recordation hereof, said real property shall only be used in conformance with the Plat and this Declaration. L, ARTICLE III DURATION • This Declaration and any amendments hereto shall run with and bind the Property subject to these covenants and restrictions in perpetuity unless amended in accordance with the provisions herein. ARTICLE IV CONFLICTS In the event that there is any conflict between the Amended Declaration and this Declaration, this Declaration shall prevail. However, it is the intent that the aforementioned documents be construed together in para materia wherever possible and whenever reasonable. ARTICLE V ASSIGNMENT OF DECLARANT'S OBLIGATIONS In the event of the conveyance of all or a portion of the Property, all rights, privileges, powers, duties and obligations currently granted to vested in or covenanted by the Declarant by virtue of this Declaration shall automatically be transferred, conveyed and assigned to each successor owner of the Property, or any portion thereof who shall accept the same subject to all of the duties and obligations of Declarant imposed on such Property by this Declaration. Any deed conveying all or any portion of the Property shall refer to this Declaration on its face and shall expressly make the Property subject to all the terms and conditions imposed by this Declaration. Declarant shall assign and delegate its rights, duties and obligations hereunder, to any person or entity, who becomes a successor owner of the Property, who shall automatically accept the terms and conditions hereof by taking or accepting title to the Property or any portion thereof affected hereby. In the event all or any portion of the Property is subjected to the condominium form of ownership of real property, whether by Declarant or its successors or assigns, the declaration of condominium shall be subject to and incorporate the terms and provisions of this Declaration by reference in the Declaration of Condominium therefor and the condominium association formed to operate the condominium shall automatically be deemed to have accepted the duties and obligations hereunder. This provision shall also apply to any type of owners' association formed to operate all or any portion of the Property. All successor owners of the Property and their heirs, successors and assigns shall be obligated to enforce and perform these covenants and restrictions and shall be in violation of this Declaration for the permitting of any ongoing condition or activity prohibited under the Declaration, even if committed by a third 0 3 party. In the event of any violation of this Declaration or the failure of Declarant or successor owner of the Property to enforce the provisions hereof, the Country Club on behalf of the POA shall have the right to specifically enforce the provisions herein • through injunction or other equitable proceedings, together with an action for damages, and the prevailing party, shall be entitled to recover its reasonable attorneys fees and costs; provided however, any judgment against such successor owner shall only be -a lien against such owner's interest in the Property. The affirmative obligations herein imposed upon successor owners shall be limited to their interest in the Property, and is not intended to impose a personal obligation subject to enforcement (and /or collection of damages) against any successor owners other property or assets. ARTICLE VI METHOD OF AMENDMENT OF DECLARATION This Declaration may only be amended by an instrument in writing signed by (a) Declarant or its successor(s) to title to the Property, and (b) the Country Club and (c) the POA. The Country Club Board, acting through its duly authorized officers shall be empowered to enforce and police the covenants and conditions contained in this Declaration and to sign any amendments hereto. All amendments shall be recorded in the Public Records of Palm Beach County, Florida and shall become effective upon such recording. No amendment shall restrict, impair or prejudice the rights of the POA members without an affirmative vote with respect to such amendment by a majority of the POA members at a regular meeting, or special meeting of the POA members called for such purpose. ARTICLE VII INSURANCE PROVISIONS The Declarant shall obtain and maintain public liability and property damage insurance covering all areas over which members of the POA have ingress and egress easements, within the Property, including the waterway areas within the Plat and the waterway areas and channel adjacent to the Marina, which are owned by Declarant, in such amounts and providing such coverage as shall be determined from time to time, provided that the minimum amount of coverage shall be $300,000.00 per person, $500,000.00 per occurrence, and $300,000.00 property damage. The companies with whom the insurance coverage shall be placed shall be good and responsible companies, authorized to do business in the State of Florida. A copy of each policy of insurance in effect shall be made available for inspection by the Country Club and the POA at reasonable times. 4 ARTICLE VIII DREDGING AND LIEN RIGHTS • The Declarant shall be required to maintain the channel from Prosperity Farms Road Bridge running Easterly through the Marina , to the Intracoastal Waterway (the "Marina Channel ") , properly dredged at all times to maintain a minimum width of 50 feet and a minimum of 6.5 feet mean low water level, in order to permit boat owners who are members of the POA,-and their guests to have access through the Marina Channelto and from the Intracoastal Waterway. In the event Declarant or a successor owner fails to keep the Marina Channel properly dredged, the Country Club on behalf of the POA may, after sixty (60) days written notice (mailed certified mail, return receipt requested) to the record title holder of the Property at the address shown for such record title holder on the rolls of the Palm Beach County Property Appraiser, undertake the dredging of the Marina Channel. In such event, the Property shall automatically be subject to a lien in favor of the Country Club on behalf of the POA to secure the cost of such dredging, which lien may be foreclosed in the same manner as mortgages in the State of Florida. The prevailing party shall be entitled to recover their reasonable attorneys fees and costs in such action from the other party. ARTICLE I% RIGHTS TO MARINA BOAT SLIPS Upon written request to Declarant or any successor owner of the Marina, a POA member shall be placed on a priority waiting list to receive the first available lease of a Marina boat slip and /or to be given the first opportunity to purchase any Marina boat slip being offered for sale to the public, at the same lease rates or purchase price offered to the public (subject to prior rights and other POA members who may be higher on the waiting list.) A POA member making such written request shall not, however, have any priority rights over any independent third party purchaser offering to make a bulk purchase of at least three (3) or more adjoining boat slips. A duplicate copy of the priority waiting list shall be furnished to the Country Club, and the POA which shall have the right to determine that the priority waiting list has been properly administered. POA members may continue to renew their leases of boat slips in the Marina without need to return to the waiting list; provided such member agrees to the terms and conditions then being offered by the owner of the Marina for the leasing of such slips. ARTICLE B RIGHTS TO CLUB MEMBERSHIP Upon reconveyance of the Club, if the Club is operated as a private club, Country Club members shall be extended first rights of refusal, at the same terms and rates being offered to the public, to purchase a membership in the Club. Should such memberships be offered by Declarant or its successor owner, Country Club members who maintain their boats at the Marina shall not be required to pay any initiation or similar membership fees. ARTICLE XI THE CLUB NAME At the first meeting of the Country Club membership following the turn over of the Country Club to the members, (to be held within fifteen (15) days from turnover) the members will vote as to whether or not any facility within the Property may use the words "Frenchman's Creek" within its name. Following such vote, the President of the Country Club shall sign an affidavit which shall be filed in the Public Records of Palm Beach County, Florida attesting to the outcome of such vote. If the Country Club membership votes affirmatively, by a majority of the votes cast at any meeting at which a quorum is present, then the Marina or any other facility within the Property may use the name "Frenchman's Creek" (and the use of the name shall be encouraged by the Declarant) ; if the vote is negative, then any such facility may not, so long as this Declaration remains in effect, use the name "Frenchman's Creek ". In any event, any facility within the Property may use the word "Frenchman's" within its name, regardless of the outcome of said vote. ARTICLE XII USE OF THE FACILITY In no event shall any facilities within the Property be used f for any purpose which shall cause excessive noise or other offensive activity. The Property shall never be used for late night disco and other similar musical and entertainment activities, including an after -hours lounge, a pool hall, adult entertainment, a teen center or bingo hall, or like activities involving late - night music or public entertainment or which would otherwise be likely to generate loud noise or be a general nuisance. Such prohibition shall not be deemed to prohibit use of the Property as a private yacht club, with attendant social activities, or a restaurant or restaurants. Any permitted use made of the Property shall be in conformance with the applicable zoning code. ARTICLE ZIII SPECIAL PROTECTIVE RESTRICTIONS A. The Declarant shall be responsible for the maintenance, repair and replacement of all structures, personalty, landscaping N. and paved surfaces on and within the Property, which shall at all times be maintained in good repair and appearance. B. one enclosed on all sides from the foundation to the roof . (excluding operational door(s) which are capable of being closed) in -and -out dry dock storage facility may be constructed on the Property. Any such facility shall not exceed two (2) stories in height nor provide more than 276.boat storage spaces, of which not more than thirty (30) boat storage spaces shall exceed thirty (301) feet in length. C. All major boat repairs shall be conducted within the inside of the in- and -out dry dock storage building, and only minor repairs shall be permitted outdoors within the Marina facility. D. All operators of vessels shall maintain a no -wake zone within the Marina facility and shall otherwise observe all posted speed limits and "other rules of the road" when in Marina waters. Vessels shall at all times comply, and be operated in compliance with applicable management, city, county, state and federal laws, rules and regulations pertaining to the operation of water craft. This shall include, but not be limited to, the general operation of vessel /boat motors within the Marina, in a manner so as to avoid excessive noise and other offensive activity creating a disturbance to the adjoining property owners. E. Each vessel /boat using the Marina must have such sanitary equipment on board as is required by all applicable federal, state and local authorities. No vessel shall be deemed to be in compliance with this section if such equipment is not fully operational or if such equipment (such as holding tank or approved marine sanitary system) is bypassed or altered contrary to such requirements. Each owners, as often as necessary, shall be responsible for pumping out and discharging all sewage contained in such holding tank into the on -site sanitary sewer system (pumphouse station) or other similar facility, and then only with the direct assistance of the employee or designee of the Declarant. In no event whatsoever may an owner discharge sewage or any other substance (other than bilge water) into the waters of the Marina. F. No nuisances (as defined by local, county or state ordinance/ statutes) shall be allowed on the Marina or any part thereof, or on the boats located therein, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereover shall be observed. An operator of a vessel /boat may only use the Marina facility for the purposes of mooring his vessel /boat and participating in other permitted uses and activities. No fish or other marine life of any kind shall be cleaned, prepared or processed in any manner, on any vessel, which would create a nuisance or be a source of annoyance to other boat operators, or which would interfere with the peaceful 7 possession/ occupation of any other operator of a vessel or boat, as well as adjoining property owners. G. All vessels /boats" in the Marina shall be maintained in good and neat condition and be subject to inspection in the Marina at any time by Declarant, to determine its cleanliness and compliance with all applicable city, county, state and federal fire, safety and other regulations, as well as to determine whether the vessel /boat maintains proper mooring lines, sufficiently strong to secure their vessels at all times. H. No garbage, refuse, trash or other shall be deposited except in trash cans as provided on the property. The requirement, from time to time, of Palm Beach County, Florida, or other applicable jurisdiction or entity for disposal or collection of solid waste shall be followed. The equipment, trash bins or trash cans for the storage or disposal of such material shall be provided by Declarant at various locations in the Property. I . No open fire shall be permitted except in areas which may be approved and specifically designated for such use by Declarant, and no charcoal, starting fluids, or similarly used substances shall be kept in any portion of the Marina. J. No improvement of any nature shall be erected, placed or altered on the dock, pilings or bulkheads without the express consent of Declarant, by any boat owner and no permanent open storage of any personal property, including but not limited to water hoses and lines, shall exist on the docks. After use, all such personal property shall be kept and stored within the vessel /boat or in proper storage locations provided on the Marina facility. K. No pets or other animals shall be permitted in or about the Marina except for the purpose of embarking on or disembarking from vessels. All pets brought into the Marina shall be leashed (when not on a vessel), and attended at all times. L. No one shall be permitted to permanently live aboard any boat docked at the Marina, provided, however, that boats may be used for living aboard for periods not to exceed two (2) weeks out of any consecutive thirty (30) day period. Further provided that, as to any person having a boat slip lease in effect at the time of recordation of this Declaration with an unexpired term less than one (1) year, is exempt from this provision during the term of such lease. M. No drying laundry shall be visible to adjoining property owners or by operators of vessels (boats) passing in the Marina channel connecting the Intracoastal Waterway to the Frenchman's Creek community. 8 0 N. Any bicycles on the Property shall be parked at assigned bicycle racks when not in use. O. No more than six (6) boats shall be in the boatyard (out of the water) at the Marina at any one time. - ARTICLE ZIV COVENANT AGAINST CONVEYANCES Declarant agrees that it will not convey the Property to a Purchaser or successor in interest until and unless all mortgages and security instruments encumbering the Property as of the date of the recording of this Declaration are either (a) satisfied or (b) subordinated and make subject to this Declaration. Declarant agrees that it shall be obligated to cause all such mortgages and security instruments securing the Property to be subordinated to this Declaration at the time the Property is conveyed to a third party. This Declaration is subordinate to existing mortgages and security instruments encumbering the Property, until the holders thereof execute subordination agreements. ARTICLE %V SUBMISSION OF CLUB PROPERTY TO THIS DECLARATION In the event the Country Club reconveys the real property described on Exhibit A (the "Club Property ") to Declarant, or a successor owner of the Property, said Club Property shall be made subject to this Declaration, by reference to this Declaration in its conveyance of the Club Property, and no further action by Declarant shall be required to subject the Club Property to this Declaration. The Club Property, when submitted to this Declaration, shall be subject to the same provisions of this Declaration, as if the Club Property was initially subjected to this Declaration. ARTICLE XVI ENFORCEABILITY AND SEVERABILITY - Each and all of the covenants and restrictions contained in this Declaration shall be enforceable by injunction or other form of legal or equitable action available to the parties aggrieved. Invalidation of any part of this Declaration by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 9 11 ARTICLE aVII XISCELLANEODS PROVISIONS A. All provisions of this Declaration and any amendments . hereto shall be construed to be covenants running with the land, and of every part thereof and interest therein, and every claimant of the property, or any part thereof, or of any interest therein, and his heirs, executors, administrators, successors and assigns shall be bound by all of the provisions of this Declaration, as it may be amended from time to time. B. If any of the provisions of this Declaration, or any section, sentence, clause, phrase, or word, or the application thereof, in any circumstances is held invalid, the validity of the remainder of this Declaration and of the application of any such provisions, section, sentence, clause, phrase or word, in other circumstances, shall not be affected thereby. C. Whenever the context so requires, the use of any gender shall be deemed to include all genders; and the use of the singular shall include the plural, and the plural shall include the singular. The provisions of this Declaration shall be liberally construed to effectuate its purpose of restricting the Declarant or its successors or assigns from taking or permitting any action detrimental to the interests of the residential property owners within Frenchman's Creek. D. This instrument has been prepared in furtherance of a settlement of a dispute between the Declarant and the subscribers rto membership to the Frenchman's Creek Yacht, Beach and Country Club, Inc. This instrument shall not, solely as a matter of judicial construction, be construed more severely against one of these parties than the other, as well as their successors or assigns. E. The captions used in this Declaration are inserted solely as a matter of convenience and shall not be relied upon or used in construing the effect or meaning of the text of this Declaration. IN WITNESS WHEREOF, the Declarant has caused these presents to be executed in its name, the day and year first above written. Signed, sealed and delivered HAFT- GAINES ASSOCIATES, in the presence of: A Florida General Partnership By: H -G Associates, Ltd., a Florida Limited Partnership, and General Partner of Haft - Gaines Associates 10 By: Haft - Gaines Group, Inc., a Florida Corporation, and Corporate General Partner of H -G Associates, Ltd. By: Jack W. Gaines, President (Corporate Seal) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly authorized in the state and county aforesaid to take acknowledgements, personally appeared JACK W. GAINES, the President of Haft - Gaines Group, Inc., a Florida corporation and corporate general partner of H -G Associates, Ltd., being a general partner of Haft - Gaines Associates, a Florida general partnership, and known to me to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal in the state and county last aforesaid this day of , 1991. NOTARY PUBLIC My Commission Expires: 11 JOINDER AND CONSENT The undersigned hereby joins in and consents to the terms and provisions of the foregoing Declaration of Covenants and Restrictions for the Frenchman's Creek Marina. ATTEST: By: , secretary STATE OF FLORIDA COUNTY OF PALM BEACH FRENCHMAN'S CREEK YACHT, BEACH AND COUNTRY CLUB, INC., a Florida corporation not for profit By: President (Corporate Seal) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the state and county aforesaid to take acknowledgements, personally appeared and ,,, the President and Secretary, respectively, of Frenchman's Creek Yacht, Beach and Country Club, Inc., a Florida corporation not for profit, and known to me to be the persons described in and who executed the foregoing Joinder and Consent and they acknowledged before me that they executed the same for the purposes therein expressed. WITNESS my hand and official seal in the state and county last aforesaid this day of _ , 1991. wah :15241- 1\french2.mar February 13, 1991 i 12 NOTARY PUBLIC My Commission Expires: EASEMENT DEED THIS EASEMENT DEED made the day of , 1991, • between Haft - Gaines Associates, a Florida general partnership, its successors and assigns ("HGA"), and Frenchman's Creek Property Owners' Association, Inc., a Florida corporation not - for - profit, its successors and assigns ("POA"), whose address is *ITNESSETH: HGA, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to the POA, its successors and assigns, a non - exclusive easement over the real property described in Exhibit "A" attached hereto (the "Easement Property ") , for the purposes and subject to the limitations and conditions as hereafter set forth: This easement is granted to the POA for the purpose of providing waterway access for ingress and egress from the Prosperity Farms Road bridge to the Intracoastal waterway for the present and future members of the POA and their guests and invitees. Nothing contained herein will be deemed or constitute a gift, grant or dedication of any portion of the Easement Property to the general public or for any public policy purpose whatsoever, it being the intention of the parties that this easement will be strictly limited to the private use of the present and future members of the POA and their guests and invitees. This easement benefits and is binding upon the successors and assigns of HGA. EXHIBIT D 40 If any provision of this agreement is, to any extent, declared by a court of competent jurisdiction to be invalid or • unenforceable, the remainder of this agreement will not be affected thereby and each provision of this agreement will be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, HGA has executed this Easement Deed the day and year first above written. Signed, sealed and delivered in the presence of: 2 HAFT - GAINES ASSOCIATES, A Florida General Partnership By: H -G Associates, Ltd., a Florida Limited Partnership, and General Partner of Haft - Gaines Associates By: Haft - Gaines Group, Inc., a Florida Corporation, and Corporate General Partner of H -G Associates, Ltd. By: Jack W. Gaines, President (Corporate Seal) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly authorized in the state and county aforesaid to take acknowledgements, personally appeared JACK W. GAINES, the President of Haft - Gaines Group, Inc., a Florida corporation and corporate general partner of H -G Associates, Ltd., being a general partner of Haft - Gaines Associates, a Florida general partnership, and known to me to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal in the state and county last aforesaid this day of , 1991. NOTARY PUBLIC My Commission Expires: LBA \13340-1 \DEED 3 • EASEMENT DEED THIS EASEMENT DEED made the day of , 1991, between Haft - Gaines Associates, a Florida general partnership, its successors and assigns ( "HGA"), and Frenchman's Creek Property Owners' Association, Inc., a Florida corporation not - for - profit, its successors and assigns ("POA"), whose address is RITNESSETH: HGA, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to the POA, its successors and assigns, a non - exclusive easement over the real property described in Exhibit "A" attached hereto (the "Easement Property ") , for the purposes and subject to'the limitations and conditions as hereafter set forth: • This easement is granted for the purpose of providing land access for ingress and egress to those present and future members of the POA who own boats which are maintained either (a) at their property within the Frenchman's -Creek PUD or (b) at the marina located on the real property described in Exhibit B, and such members' guest and invitees. HGA shall provide to, such members of the POA unrestricted convenient access to the Easement Property through any security devices which HGA has established or may establish such as security gates. The members of the POA shall have the right (but not the obligation) to maintain the Easement Property in good condition, in the event the owner of the Easement Property fails to so maintain the Easement Property after ninety (90) days written notice to the owner of the Easement Property. - Nothing contained herein will be deemed or constitute a gift, grant or dedication of any portion of the Easement Property EXHIBIT E • to the general public or for any public policy purpose whatsoever, it being the intention of the parties that this easement will be . strictly limited to the private use of the present and future members of the POA and their guests and invitees. This easement benefits and is binding upon the successors and assigns of HGA. If any provision of this agreement is, to any extent, declared by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement will not be affected thereby and each provision of this agreement will be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, HGA has executed this Easement Deed the day and year first above written. Signed, sealed and delivered HAFT- GAINES ASSOCIATES, in the presence of: A Florida General Partnership By: H -G Associates, Ltd., a Florida Limited Partnership, and General Partner of Haft - Gaines Associates By: Haft - Gaines Group, Inc., a Florida Corporation, and Corporate General Partner of H -G Associates, Ltd. By: Jack W. Gaines, President (Corporate Seal) 2 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly authorized in the state and county aforesaid to take acknowledgements, personally appeared JACK W. GAINES, the President of Haft - Gaines Group, Inc., a Florida corporation and corporate general partner of H -G Associates, Ltd., being a general partner of Haft - Gaines Associates, a Florida general partnership, and known to me to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal in the state and county last aforesaid this day of , 1991. NOTARY PUBLIC My Commission Expires: L8A \13340-1 \DEED.TN0 a • 3 i ,h 1 4 To the City Council of the City of Palm Beach Gardens: RE: Petition Misc -95 -06 and DRI- 94 -04: Frenchman's Creek Marina Restaurant This letter in the form of a petition is submitted to The City Council of the City of Palm Beach Gardens by the Residents of Frenchman's Creek to express our objections to the approval of a marina restaurant that will be open to the public. The consensus of opinion of the undersigned Residents of Frenchman's Creek is that such a use will increase traffic congestion on Donald Ross Road by automobile and truck traffic attempting to enter and exit the marina restaurant through the only private road into the area. Boat traffic on the intercoastal waterway will also impact Donald Ross Road by the increased need to open and close the bridge. In addition, since there in only one entrance from a road into the proposed restaurant area and one entrance by water, signs directing traffic to the site will be needed. We are concerned that the additional waterway traffic will create an increased security problem for our Residents on the canals and to the community -at- large. There would be additional costs for canal security and the added surveillance needed to police the waterways in Frenchman's Creek. Transient boat traffic through the community will be a by- product of a public use. The approval of such a public restaurant at this site can only have a negative effect on it's neighbors and we respectfully request that the application for such a use be denied. This petition is endorsed by the following concerned citizens: Name Address Gc I _ r r c� Q r Lk Qo kov � r/�` Ij 0, AA 1�1' .� ��3 dv _. , L 2 ey 3 Oki- FlVll�� xl�� saam)