HomeMy WebLinkAboutR-88-0024J-88-51
12/14/87 -2;
RESOLUTION N0. '`'4
A RESOLUTION ACCEPTING THE PLAT EPTITLED
BAYSHORE VILLAS, A SUBDIVISION IN THE CITY OF
MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; ACCEPTING THE COVENANT TO RUN
WITH THE LAND POSTPONING THE IMMEDIATE
CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
WHEREAS, the Department of Public Works recommends the
acceptance of the plat;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The plat entitled BAYSHORE VILLAS is a replat of
a portion of Lot 20, John T. Peacock Estate; Plat Book 2 Page 12;
and portion of Lot 11 Block A and the adjacent canal parcel per
Biscayne Park Terrace Subdivision, Plat Book 2 Page 36; and a
portion of tract B, Block 2, Rockerman Heights, Plat Book 53 Page
27,, Lying in Sections 15 and 22, Township 54 South, Range 41 East
City of Miami, Dade County Florida,which subject plat by reference
is made a part hereof as if fully incorporated herein and which
plat, together with the dedications shown thereon, and the
dedications to the perpetual use of the public of all existing and
future planting, trees and shrubbery on said property, is hereby
accepted and confirmed by the City of Miami, Florida.
Section 2. The Covenant To Run With The Land executed by
Lazarus Realty, Inc. postponing the immediate construction of
concrete sidewalk on (S) Bayshore Drive and Rockerman Road until
such time as required by the Department of Public Works of the City
of Miami is hereby accepted and the proper officials are directed
to record said covenant after plat has been recorded in the Public
Records of Dade County, Florida.
CITY COMMISSION
MEETING OF
.PAN 14 1988
98
IR:SOLUTION No.
24
it:MARKS:
Section 3. The City Manager and City Clerk are hereby
authorized and directed to execute the plat and cause the same to
be recorded in the Public Records of Dade County, Florida.
PASSED AND ADOPTED this 14th day of January Iggg,
ATTEST
WWRAI, CITY CLERK
PREPARED AND APPROVED BY: APPROVE)2(*S TO FORM AND
CORREC N S:
�"i 114
..
ASSISTANT CITY ATTORNEY
vvYan n. vvvv
ITATTORNEY
Page 2 of 2
19g-24
"HU
A RESUBDIVISION OF LOTS 159 A
LOT 162 OF "UTOPIA", PLAT 1300-
NeEn 1/4 OF SECTION 29ma TOWNS
CITY OF MIAMI'--------"'---------
N
ia
POINCIANA AVENUE
S.W. 56th. STREET _
.City of M
N.W. Corner of N.E. 114 of
Sec. 29-54-41
0 25' I
Z 30•
W
164
163
15
9410N OF LOTS 159 AND 150o NORTH Gs rcc i yr L
D�'l.'.01PIA", PLAT BOOK 8, AT PAGE 949 LYING IN TH
ECTION 29— TOWNSHIP 54 SOUTH— RANGE 41 EA-
DADE COUNTY---------------------
J.H. MANUCY, INC.
LAND SURVEYORS
4694 Palm Avenuo, Hialeah, Florida, 33012
Dated: November 17,W7
t
I
t POINCIANA AVENUE
i S.W. 56th.STREET
;n ^City of Miami Monument Line
-w-
t N.W. Corner of N.E. 114 of
Sec. 29-54-41
1 I 164
5'
Y
25' 163
30'
GRAPHIC SCALE
0 5' 10' 20' 30' 40' 60'
167
166
'UTOPIA' P8. 8, PG. 4 I
38-04,..26'
peNo =
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WIN
ALL MEN BY THESE PRESENTS:
ID HUME and MARY E. HUME, alkla BETTY F. HUME and BETTY FORD HUME, his wile,has caused. the attached plat
UME TRACT, the same being a resubdivision of the following described property,
DESCRIPTION, All of Lots 159, 160, 162 and the North 23 feet of Lot i 61, in UTOPIA, according to the plot
thereof as rjecorded in Plat Book 81 at Page 94, of the Public Records of Dode County, Florida.
COUNTY PLAT RESTRICTIONS:
ue and/or road as shown on the attached plat together with all existing and future planting, shrubbery, trees, and fire
hereon are hereby dedicated to the perpetual use of the public for proper purposes, reserving to the dedicators, their
-cessors or assigns the reversion or reversions thereof whenever discontinued by law.
_jal well will be permitted within this subdivision except for irrigation, air-conditioning or swimming pools.
lectric and communication lines, other than transmiston lines, within this subdivision, shall be installed underground.
tanks will be permitted within this subdivision unless approved for temporary use in accordance with County or State
R'S PLAT RESTRICTIONS:
Easement as shown by dashed lines on the attached plat is hereby reserved for the installation and maintenance of
ties.
NESS WHEREOF, said Dar�id Hume and y E. H me, alkla Betty F. Hume and Betty Ford Hume, his wife,
unto set their hand and seal this — day of - i ur 91987.
as to the signatures,
David Hume
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FLAT OF r'ORALA
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GABLES RIVIERA
SECTION PART 10.1
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BARGELLO I P.C.P. JtI4,
Lot 13, block 113 \
SECOND AMENDED
'LAT OF CORAL
TABLES RIVIERA
'ECTION PART 10"
PB. 319 PG. I
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N.E. 114, Sec.`' Poinci
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P.R.M
Radius = 25.00'
Arc = 22.99'
Delta = 520-41'-22"
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Area - 5028 Sq.Ft. (0.115t Ac.)
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N.890-16-006E.
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Area ■ 15970 Sq.FI. (0.367t Ac.)
3' Utility Easement
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161 I 'UTOPIA'
40
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enue S.W. 56th.
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199.86' cal. 8 meas. JEMOU by plat e/r
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PB. 81 PG. 94 I
141 I 142
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SURVEYOR'S NOTES:
Bearings shown hereon are based on an assume.
O P.R.M. Denotes Permanent Reference Mop
o P.C.P. Denotes Permanent Control Points,
- NOTICE, There may be additional restrictions th,
recorded on this plat that may be found in the
of Dade County.
SURVEYOR'S CERTIFICATION:
! Hereby Certifyi that the attached plat entitled$ `:
representation of the lands as recently surveyed a
supervision, also that the Permanent Reference Mo
Points were in place this 17th. day of November I
4) Chapter 177, Part I, of the laws of the State o�
J.H. MANUCY, INC.
P.R.M. <l`
V.E. Cor. Lot 159
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S.E. Cor. Lot 159
143
ACKNOWLEDGEMENT:
State of Florida I Hereby Certify, Before me this day
County of Dade ss' Hume and Betty Ford Hume, his wife, to
the foregoing instrument and who acknow-
uses and purposes therein expressed.
Witness my hand and official eat this � day of
My Commission expires
MORTGAGEE:
KNOW ALL MEN BY THESE PRESENIS:
That CITICORP SAVIN'S 01:-- FLU.: RIDA, a
and filed for record Augu;t 25, 1986, in Official Records Bo1
does hereby consent to this plat and joins in the above dedicojibn
IN WITNESS WHEREOF, said CITICCRP SAVINGS
name by its dsais AAf- ia,Atasidw1' and its corporate seal to b
this AAh- day of DtLot m6Ce , 1987.
CITICORP 8
a 7 T E S T �Gy'tJ tic. �.(�{[',r, ASS /S`lan-t Scc 2.; -:. r't.L I•
ROBIN J. KING
ACKNOWLEDGEMENT:
State of Florida I Hereby Certify, Before me this day persr
County of Dade ss' oaths and take acknowledgements E��---
well known to be the persons herein descri-
the uses and purposes therein mentioned m
that the said Instrument is the free act and
Witness my hand and official seal this —4J:6day of
My Commission expires
CITY OF MIAMI PLAT APPROVALS:
—his is to certify that this plat appears to conform to all requiremer-
the Code of Metropolitan Dade County.
Certified this _ Z day of , 198 .� .
B#
Py
Director, City of Miami, Department of Public Works. -
This plat was approved and the foregoing dedications were accepte.-
adopted by the City Commission of Miami, Florida, this day of
By,
City Manager
DADE COUNTY PLAT APPROVALS:
This is to certify that this plat appears to conform to all the require
- Certified this day of , 198 8
CT", is a correct
r my direct
dt'ermanent Control By$
dance with Director, Dade County Public Works Department.
PLAT RECORDING DATA:
a
+Certify' Before me this day personally appeared David Hume and Mary E. Hume, a/kla Betty F.
id fod Betty
0 InFord Hums, his wife, to me well known to be the persons described in and who executed
y strirtment and who acknowledged that they executed the same freely and voluntarily for the
i +W purposes therein expressed.
heal, f6is_ day of , 1987.
Notary
of Florida of -large.
M BY THESE PRESENU: FeAeal SAv-t„qSand Leah Asse&A&+iorl
3 nF FLORIDA, a the owpler and holder of that certain mortgage dated &a4ustt4, IQp6
ust 25, 1986, in Official Records Ba 12997.'Af Paae 1916, of the Public Records of Dade County, Florida,
this plot and joins in the above dedicati ns.
said CITICGRP SAVINGS OF FLOOILA has caused these presents to be signed in its corporate
_ and its corporate seal to be herau'l1tivallixed and attested by its <<c4gNt "Aja: v
1987.
CITICORP SAVINGS OF FLORIDA
srsitrt-t Sccrc;Xr
ROSIN J. KING
ENT:
BY:
iNG.
i Hereby Certifys Before me this day personally appeared before me an officer duly authorized to administer
oaths and take acknowledgements E and Ra w% T_ IC,wo
&Le,je,Lav&, V1ri_ , s respectively of Citicorp Savings of Florida, to me
well known to be the persons herein described and whb signed the foregoing instrument as such officers for
the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation and
that the said instrument is the free act and deed of said corporation.
1 official seal this —AUL day of Ue<cemlmel-
Tess s��6vSr �f i99� i
Notary Public, State of Florida at- large.
:M1 PLAT APPROVALS:
:.at this plat appears to conform to all requirements of Chapter 54 of the City of Miami Code and Chapter 28 of
nollon DadeEC
day of _�?
of Miami, Department of Pub!(c Works.
oved and the foregoing dedications were accepted and approved by Resolution No.
Commission of Mtam, Florida, this day of , 198.8 .
By, Attest,
City Manager
_'TY PLAT APPROVALS:
City Clerk
passed and
=hot this plot appears to conform to all the requirements of Chapter 28 of the Metropolitan Dade County :ode.
day of + 198 8
County Public Works Department.
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HUME,,,TRACT"
N.W. 1/4 4
N.W. Corner .....
N.E. 114, Sec,
29-54-41
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1 LOCATION MAP Scale: 1" • 300' I
N.W. 1/4 of the N.E.1/4 of Section 29- 54s- 419
SURVEYOR'S NOTES:
Bearings shown hereon are based on an assum-
O P.R.M. + Denotes Permanent Reference M'
o P.C.P. + Denotes Permanent Control Point:
- NOTICE, There may be additional restrictions th
recorded on this plat that may be found In the
of Dade County.
SURVEYOR'S CERTIFICATION:
' Hereby Certify, that the attached plat entitled, '
representation of the lands as recently surveyed a
supervision, also that the Permarent Reference W
Points were in place this 17th. day of November,
Chapter 177, Part 1, of the laws of the State of
J.H. MANUCY, INC.
By+
. H. Manucy, Reg. Land SurveydY No. 1128
State of Florida
Dated this 17 day of lu �"- �-� -
143 CITY OF MIAMI PLAT APPROVALS:
Iphis is to certify that this plat appears to conform to all requiremer
the Code of Metropolitan Dade County.
+' Certified this .17- day of gc sA-; gjF
Bye % 1-e ,t- c
- Director, City of Miami, Department of Public Works.
T'
This plat was approved and the foregoing dedications were accepte,
i adopted by the City Commission of Miami, Florida, this day of
• By' --- - _
i City Manager
fiords
DADE COUNTY PLAT APPROVALS:
phis ;s to certit�- that this pio' appear-- ,ntor^t t; o" the reauir;
I ( Certified this _—_ ray of I38 8
ACT`, is a correct
under my direct
and Permanent Control
occordance with
B �•,
Director, Dade County Public Works Deportment.
PLAT RECORDING DATA:
filed for record this day of
Plats, at Page . of the Public Records of Dade Coui
c'lorido rind Metropolitan Dade County, Florida.
By,
APPROVALS:
to conform to all requirements of Chapter 54 of the City of Miami Code and Chapter 28 of
KIM
k,
wimp Department of Pubec Works.
f,
if.-Ohd the foregoing dedications were accepted and approved by Resolution No. passed and
610"Won of Mlamit Florida, this ___._ day of , 1988
Bye A!test,
City Manager City Clerk
PLAT APPROVALS:
this plat apvears to : onform to a'i the reauirements of Chop'er 28 of the Metropolltan Dade County -.ode.
v of , 198 g
county Public Works Department.
_DING DATA:
day of , 198 8 , at _, . M., in Book of
- . of the Public Records of Dade County, Florida. This plat complies with the laws of 'he State of
-tan Dade County, Florida.
Richard P. Brinker, Clerk of the Circlift Court
By$
Deputy Clerk.
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
29
TO. Honorable Mayor and Members DATElj '' ' ° ����
of the C i ty Commission , FILE:
SUBJECT. BAYSHORE VILLAS
Resolution Accepting
Proposed Record Plat
Cesar H. Odio Located on (S) Bayshore Or
FROM• City Manager REFERENCES: and Rockerman Road
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt a
resolution accepting the plat Bayshore Villas and approving
recording the same in the Public Records of Dade County, Florida.
BACKGROUND:
The Department of Public Works has reviewed this plat, and has
determined that it is now in order for acceptance by the City
Commission.
The proposed record plat entitled Bayshore Villas is a repeat of
a portion of Lot 20, John T. Peacock Estate; Plat Book 2 Page
12; and portion of Lot 11 Block A and the adjacent canal parcel
per Biscayne Park Terrace Subdivision, Plat Book 2 Page 36; and a
portion of tract B. Block 2, Rockerman Heights, Plat Book 53 Page
27. Lying in Sections 15 and 22, Township 54 South, Range 41
East City of Miami, Dade County Florida. The area platted
consists of three (3) tracts and twenty five (25) lots containing
4.9+ acres. It is zoned RS-2/2.
Also attached are the following itemized papers necessary to
present the Plat to the City Commission:
(1) Resolution accepting the Plat
(2) Engineering Report
(3) Print of proposed Record Plat
9 —1
'99-24
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
December 14, 1987
REPORT OF PROPOSED RECORD PLAT OF
BAYSHORE VILLAS LOCATED ON (S) BAYSHORE DRIVE
AND ROCKERMAN ROAD
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
* * * * * * * * * * * * * * * * * *
The accompanying Plat entitled BAYSHORE VILLAS was prepared by
LEITER A ASSOCIATES. It is in correct form for submission to the
City Commission and is forwarded with a recommendation that it be
approved.
PERTINENT INFORMATION REGARDING THE PLAT:
1. The property platted is a replat of a portion of Lot 20, John
T. Peacock Estate; Plat Book 2 Page 12; and portion of Lot it
Block A and the adjacent canal parcel per Biscayne Park
l
Terrace Subdivision, Plat Book 2 Page 36; and a portion of
tract B, Block 2, Rockerman Heights, Plat Book 53 Page 27.
i
Lying in Sections 15 and 22, Township 54 South, Range 41 East
t City of Miami, Dade County Florida. The area platted consists
of three (3) tracts and twenty five (25) lots containing 4.9+
acres. It is zoned RS-2/2.
2. The location of the streets and the widths conform with the
standards of the Department of Public Works of the City of
1 Miami, Florida.
i 3. As certified to by Stanley T. Olesiewicz, Registered Land
Surveyor, this Plat complies with the plat filing Laws of the
State of Florida.
4. The Certificate of Title Examination dated November 30, 1987,
signed by Robert T. Youngs, Attorney, indicates that the fee
i simple title to the property platted is correctly vested in
Lazarus Realty, Inc. and the Plat has been correctly executed.
S. The area platted is encumbered by a mortgage and the mortgage
holder has executed the Plat and joined in its dedications.
Page 1 of 2
148-24
6. In accordance with the requirements of Chapter 54, of The Code
of The City of Miami, Florida, a Letter of Credit # M-1643 in
the amount of $233,000.00 has been executed by Lazarus Realty,
Inc., Principal and Florida National Bank. This Letter of
Credit will accompany the Agreement between the City of Miami,
Florida and the Principal to guarantee the construction of
Asphaltic Concrete Pavement, Mountable Curb and Gutter, Storm
Sewer Structures, Sanitary Sewer Structures, Bulkhead
improvements, fill and landscaping at the property platted.
7. Since there is no concrete sidewalk on (S) Bayshore Drive and
Rockerman Road in the vicinity of the property platted, it is
recommended that a covenant be accepted postponing the
immediate construction of these improvements until the area is
more fully developed.
8. The attached Resolution has been prepared for the acceptance
of the Plat by the City Commission of Miami, Florida.
CITY SURVEYOR
RB:is
Page 2 of 2
88-24
rk
METROPOLITAN DADE COUNTY - PUBLIC WORKS
ENGINEERING - SUBDIVISION CONTROL
OPINION OF TITLE
TO: DADE COUNTY, a political subdivision of the State of Florida.
With the understanding that this opinion of title is furnished to
DADE COUNTY, FLORIDA, in compliance with the Ordinance No. 57-30, and as an
inducement for acceptance of a proposed final subdivision plat covering the
real property hereinafter described. It is hereby certified that I (we) have
examined the complete evieenne of title completely covering the period from
the BEGINNING to November in, A.D. 19R7 , a.t 11:OC A.M., inclusive,
of the following described real property:
(SEE ENHI91T "A" ATTACIIED HFRETA AND MADE A PART HEP.EnF)
•Basing my (our) opinion on said complete evidence covering said period
I (we) am (are) of the opinion that on the last mentioned date the fee simple
title to the above described real property was vested in:
LAZARUS REALTY, INC., a Florida corporation
Fr!
98-Aw
24
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
1. All taxes for the year in which this opinion is rendered, unless noted below
that such taxes have been paid.
2. Rights of persons other than the above owners who are in possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materialmens' liens.
5. Zoning and other restrictions imposed by governmental authority.
6.
Riparian and littoral rights.
SPECIAL EXCEPTIONS
7.
Mortgage from Lazarus Realty, Inc., a Florida corporation, to Florida National
Bank, dated November 24, 1987, recorded November 25, 1987, in Official Records
Book 13491, Page 1281, of the Public Records of Dade County, Florida.
8.
Mortgage from Lazarus Realty, Inc. to Florida National Bank dated November
24, 1987, recorded November 25, 1997, in Official Records Book 13491, Page
1322, of the Public Records of Dade County, Florida.
9.
UCC Financing Statement in favor of Florida National Bank, recorded November
i
25, 1987, in Official Records Book 13491, Page 1365, of the Public Records
s
of Dade County, Florida.
! 10.
Rights of the City of Miami for right-of-way purposes as created in Deed
t
dated October 22, 1952, recorded December 5, 1952, in Book 3684, Page 223,
_E
of the Public Records of Dade County, Florida. This conveyance to the City
-
of Miami included the following language, which substantially nullifies the
_
conveyance: "Provided always that the estate hereby created and granted
shall be null and void unless and until such time as the fee simple owner
of Lot 20, of JOHN T. PEACOCK SUBDIVISION, according to the plat thereof,
recorded in Plat Book 2, at Page 12, of the Public Records of Dade County,
Florida, which lies Southeasterly of South Bayshore Drive, Miami, Dade County,
Florida, plats and dedicates for full public use a strip of land 30 feet
=f
1
in width adjoining said Tract B as described above; said dedication to be
for the perpetual use of the public for proper purposes." No such 30' strip
of land adjoining said Tract B has been dedicated, nor is any such strip
-
contemplated to be dedicated for full public use.
— 11.
A portion of the property herein described being artificially filled land
in what was formerly navigable waters, such artificially filled portion is
subject to any and all rights of the United States Government control over
navigable waters in the interest of navigation, commerce and fisheries.
12.
Rights and easements of the State of Florida, if any, in lands which have
been created by artificial means or which have been accreted from submerged
—
land under a navigable body of water. This exception applies only to that
portion of the land lying Southeasterly of the U.S. Harborline, a/k/a the
Bulkhead Line.
13.
Agreement regarding Water and Sewer Facilities and Service recorded September
18, 1987, in Official Records Book 13419, Page 291, of the Public Records
of Dade County, Florida.
'i
- i
-2-
- :
NS-24
-L --
Therefore it is my (our) opinion that the following parties must join
in the platting of the above described real property in order to grant DADE
COUNTY, FLORIDA, and the public, a good and proper title to the dedicated areas
shown on the final Plat of the aforedescribed property, the subdivision thereof
to be known as RnvcgORF_VTL-L•nS
NAME
INTEREST
1. Lazarus Realty, Inc. Fee simple owner
2. Florida National Bank As Mortgagee
SPECIAL EXCEPTION
NUMBER
Special Exceptions
Nos. 7, 8, and 9.
I, the undersigned, further certify that I am an attorney -at -law duly
admitted to practice in the State of Florida, and am a member in good standing
of the Florida Bar.
Respectfully submitted this 3 day of
December, 1987.
SPARBER, SHEVIN, SHAPO 6 HEILBRONNER, P.A.
1 S.E. 3rd Avenue, 30th Floor
Miami, FL 33131
By: / • J�z•.�ry
ROBERT T. Ydff�IJGS-
i�
-3-
�8-24
LEGAL DESCRIPTION - �'K ESTATE LY!hG 50UTHEASTEa! Y F 'H
THAT PART OF LOT 20 OF JOHN T. PEACO,, S 0 SOJ
BAYSHORE DRIVE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2. PAGE
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND ALL THAT PART OF LOT ii OF
BLOCK A OF BISCAYNE PARK TERRACE SUBD;VISION, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 2, PAGE 36, LYING SOUTH AND EAST OF COCONUT GROVE DR!Vc
AND EXTENDING FROM SAID COCONUT GROVE DRItiE SOUTH 34`EAST AS SHOWN BY SA-0 PLAT
TO BISCAYNE BAY, ALSO THAT PARCEL OF LAUD FORvERLY USED AS A CANAL, LYING
IMMEDIATELY SOUTH AID WEST OF THE PARK LOT WHICH IS SOUTHEAST OF AND FACING
LOT ii IN BLOCK A, SAID PARCEL OR TRACT OF LAND FACING ON THE SOUTHEASTERLY
SIDE OF COCONUT GROVE DRIVE 25 FEET, MORE OR LESS, IN WIDTH AND EXTENDING FROM
COCONUT GROVE DRIVE TO BISCAYNE BAY, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 2, PAGE 36 OF THE P'JBL I C RECORDS OF 'J' jE COUN : Y, F FOR i DA
A14D
THE NORTHERLY 759.40 FEET JF TRACT 5, B:.00K 2, AOCKERMAN HE GHTS, ACCORD!'jG TO
THE PLAT THEREOF RECORDED :N P'_AT BOOK 53, PAGE 27 CF 'HE PJB'_IC RECORDS OF
DADE COUNTY, FLORIDA ; SA ID TRACT B Br :'JG A STRIP OF LA,:u TWO FEET ' W i rTH
RUNNING PARALLEL W : T H AI�JD AC,IACE%T TO HE NORTHERLY R' GHT JF WAY L ; %F OF
ROCKEAMAN ROAD AS THE SAME APPEARS ON THE AFOAEMENT!JNED PLA').
BEING MORE PARTICULARLY DESCRIBED AS ru�.LM
} BEGIN AT THE NORTHWESTEA__ f CORr'ER OF TRACT B. MCK 2, ROCKER4AN NE i GHTS
ACCORDING TO THE PLAT THEREOF AS AFCORLEC IN PLA' 803K 53. PASE 2% OF TN:
PUBLIC RECORDS OF DADE COUNTY FLOA DA, THENCE S. 34 00' 00' E. A'.ONG THE
WESTERLY LINE OF SAID TRACT B FOR 7 59. 35 FT.; T HENCE ti. 56 00' 00' E. FOR
2.00 FT.; THENCE S. 3e 00' 00' E. A! ONG THE EASTERLY LINE OF SA' D P'_AT OF
' ROCKERMAN HEIGHTS, BEING ALSO THE SOUTHERLY PROJECTION OF THE WESTEA'Y
'} LINE OF LOT 20, JOHN T. PEACOCK ESTATE, ACCORDING TO THE P'_AT THEREOF AS
RECORDED IN PLAT BOOK 2, PAGE 12 OF THE PUBLIC RECORCS vF DADE COUNTY,
FLORIDA, FOR 223 FT. MORE OR LESS TO THE MEAN HIGH WATER LINE OF BISCAYNE
BAY; THENCE EASTERLY, ALONG SAID MEAN HIGH WATER LINE F;,R 22? FT. MORE OR
I LESS, TO THE SOUTHERLY PROJECTION OF THE WESTERLY LINE OF L'HERMITAGE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK M, PAGE 22 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLOR I OA; THENCE N. 330 58' 12' W. , A! OyG THE
WESTERLY LINE OF SAID PLAT OF L'HEAMITALE, BEING ALSO OF THF. EAST-NLY
OF LOT 11, BLOCK A AND IT'S SOUTHERLY PROJECTION, BISCAYNE PARK S1513GIC1 0
AS RECORDED !N PLAT BOOK 2, PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA FOR 962 FEET MORE OR _ESS TO THE SOUTHERLY RIGHT OF WAY LINE OF
SOUTH BAYSHORE Da' VE; THENCE S. 550 59' 38' W. ALONG THE Sum'JTHc-q'_ Y RIGHT 1F WAY
:INE OF SOJTH BAYSH:, E DRIVE FOR 125.00 FT. TO A PO %'T OF CURVATURE OF A
CIRCULAR CURVE TO 'HE LEFT; THENCE WESTERLY ALONG' THE ARC JF SA ; D CJRVE HAV ; NG
A AAD ! US OF f 8'5. 6' F'. ANC A CEN+TAAL Ar4G,_E OF 0.107' 04' FOR AN ARC DISTANCE
OF 102.07 FT. TO THE POINT JF BEGINNING.
axH I BIT A
498-24
AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS
PURSUANT TO PROVISIONS OF
CHAPTER 54, SECTION 54-30 AND CHAPTER 54.5
THE CODE OF THE CITY OF MIAMI, FLORIDA
WHEREAS, LAZARUS REALTY, INC., a Florida corporation
(hereinafter referred to as the "Owner"), concurrently with the
delivery of this Agreement, has applied to THE CITY OF MIAMI,
FLORIDA, (hereinafter referred to as the "City"), for the
'o b the Commission of said City, of
acceptance and ccnfirmati n y y,
a certain plat of a subdivision to be known as
proposed P _
BAYSHORE VILLAS a copy of which proposed
plat is attached hereto and made a part hereof as Exhibit "A";
and
-I
I WHEREAS, Chapter 54, Section 54-30 and Chapter 54.5, THE CODE OF
THE CITY OF MIAMI, FLORIDA, requires that any proposed plat, submitted
i
to said Commission for acceptance and confirmation shall be accompanied
by an Agreement entered into by the Owner of the land being platted,
E with the Director of the Department of Public Works on behalf of said
— i City, for the construction of certain improvements therein enumerated,
— the performance of which Agreement shall be secured by a good and
{ sufficient Performance Bond, Letter of Credit or Cashier's Check;
NOW, THEREFORE, the Owner hereby covenants and agrees with
said City as follows:
1. Within one (1) year from the effective date of the acceptance
■
and confirmation of said plat by the Commission of said City, or prior
to the issuance by the City of Miami of a Certificate of Occupancy for
the premises, the Owner will construct, or cause to have constructed,
at his own expense and in accordance with standard specifications of
said City, all improvements as are listed and described upon the
estimate of cost of said improvements, a copy whereof is attached
i.
hereto as Exhibit "B" and made a part hereof. Although one year is
iI
allowed for the completion of the aforementioned improvements, it is
t
i
i
Form PW #175 Rev 7/86
��-24
W-OWN
-
i +
F
not in the public interest that such construction work should be
prolonged to the extent that it would have a disorganizing effect upon
the neighborhood. After the work is started, the Owner hereby agrees
to prosecute said work progressively so as to complete it in a reason-
able length of time as determined by the Department of Public Works,
2. In accordance with the provisions of said Chapter 54,
Section 54-30 and Chapter 54.5 THE CODE OF THE CITY' OF MIAMI, FLORIDA,
the Owner herewith tenders to the City a Letter of Credit duly executed
by the (Bank) FLORIDA NATIONAL BANK , in the amount
of $233,000.00 which amount is not less than one hundred
(100%) percent of the estimated cost of the construction of the
improvements listed in the attached Exhibit "B", plus twenty-six (26%)
percent for engineering and contingent costs and damages, and upon
completion of the construction of said improvements and subsequent to
the submission by the Owner to The City of Miami Department of Public
Works a letter from a Registered Land Surveyor certifying that the
i,
Permanent Reference Monuments indicated on the Plat have been installed
` and properly placed, said Letter of Credit shall be released.
r 3. In the event the Owner shall fail or neglect to fulfill his
i
obligations under this Agreement, the conditions of said Letter of
Credit shall be such that the (Bank) FLORIDA NATIONAL BANK
i
shall, within thirty (30) days after receipt of written notice from the
r
Director of the Department of Public Works of said City of the failure
a or of the neglect of the Owner to perform this Agreement, construct, or
j
cause to be constructed, the improvements set forth in Exhibit "B"
hereof, pay to the City a sum up to the aggregate amount of $ 233,000.00.
4. The City shall have the right to collect the sum estimated to
construct or complete the improvements set forth in Exhibit "B", said
sum to be estimated by the Department of Public storks of the City,
5
which shall include engineering and contingent costs and any damages
direct or indirect, not to exceed twenty-six (26%) thereof, plus
if reasonable attorneys' fees which the City may sustain on account of
�f the failure of the Owner to carry out and execute the provisions of this
.� Agreement; provided further that the City Commission of Miami, Florida,
-1 shall have the right to construct, or cause to be constructed, after
1
'48-24
— 1[ —
public advertisement and receipt of bids, the improvements as
provided for in said Agreement, and in the event that the City
Commission of Miami, Florida exercises such right, it shall have the
right to collect the final total costs of said improvements, together
with any engineering and contingent costs, and any damages direct
or indirect, not to exceed twenty-six (26%) percent thereof, plus
reasonable attorneys' fees, which the City may sustain on account
of the failure of the Owner to carry out and execute the provisions
of this Agreement. Said Letter of Credit is attached hereto as
Exhibit "C" and made a part hereof by reference.
7
- F
- i
t.
r:
t
�S
of
i
_ !9�-24
e%-
L
d
IN WITNESS I-MREOF, the Owner has caused this Agreement to
be executed in triplicate this 04c-, day of
A,D_, 1987
Signed, Sealed and Delivered j I
in the Presence of: Owndr US 4EALTY, INC.
(SEAL)
C�-61'tL
( SEAL )
___(SEAL)
(SEAL)
(SEAL)
(SEAL)
ATTE
- e--A O�Q
Secretary
Stuart Feder
(Corporate Seal)
ryes
Arthur S. La
si
Approved and accepted on behalf of the`Ci
this , day of . Do 9 194
oration
a
of Miami, Florida,
By:
Director, Degartmwt of Public Works
1�
i4 WITNESSES:
j
Form PW #178 Rev 8/ 77 isr-24
1
CORPORATION FORM
IN WITNESS WHEREOF, the OWNER has caused these presents to
be executed and signed in its name by its proper officers, and its
corporate seal to be affixed hereto and attested to by its Secretary
the day and year first above set forth.
Signed, Sealed and Delivered
in the Presence of:
LAZAR R LTY, INC.
t
1
Arthur Laz rus, President
Stuart Feder, ecretary
CORPORATE SEAL
STATE OF FLORIDA)
COUNTY OF DADE )
I HEREBY CERTIFY that on this 4c,d, day of �����K� A.D. ,
1987 , before me personally appeared Arthur Lazarus and Stuart Feder,
President and Secretary, respectively, of LAZARUS REALTY, INC.,
a corporation under the laws of the State of Florida, to me known to
be the persons who signed the foregoing instrument as such officers
and severally acknowledged the execution thereof to be their free act
and deed as such officers for the uses and purposes therein mentioned
and that they affixed thereto the official seal of said corporation,
and that the said instrument is the act and deed of said corporation.
WITNESS my hand and official seal at Miami, County of Dade, and
State of Florida, the day and year last aforesaid.
l LA, 17. 1990.
NOTIMY PUBLIC
STATE OF FLORIDA AT LARGE
This Instrument Prepared by
Department of Law
City of Miami, Florida
!98-24
A .
r
EXHIBIT flail
TO ACCOMPANY THE AGREEMENT HE CITY OF MIAMI, FLORIDA
and
LAZARUS REALTY, INC.
FOR IMPROVEMENTS AT
BAYSHORE VILLAS
Located on (S) Bayshore Drive A Rockerman Road
* * * * * * * * * * * * * * * * * * * * *
ASPHALTIC CONCRETE PAVEMENT S 16,388.00
Approximately 1,425 Square Yards
MOUNTABLE CURB AND GUTTER
Approximately 1,100 Linear Feet
STORM SEWER STRUCTURES
Including 500 L.F. of 24" French
Drain, 4 Catch Basins, 1 Weir Box
and 100 L.F. of 16" Ductile Iron Pipe
SANITARY SEWER STRUCTURES
Including 125 L.F. of 8" Sanitary
Sewer and 2 Manholes
BULKHEAD IMPROVEMENTS
Consisting of reworking existing
concrete rubble and adding medium
to small limerock boulders
FILL
Approximately 17,800 Cubic Yards
SOLID SOD
Approximately 10,800 Square Feet
LIVE OAK TREES ON ROCKERMAN ROAD
18 @ 35 ft. O.C., 14 ft. - 16 ft.
height, 6 ft. - 7 ft. spread
PINK TABEBUTA TREES ON S. BAYSHORE
6 @ 35 ft. o.c., 14 ft. - 16 ft.
height, 6 ft. - 7 ft. spread
ESTIMATED COST OF IMPROVEMENTS
(10%) CONTINGENT
(17%) ENGINEERING AND INDIRECT COSTS
TOTAL
$ 8,250.00
$ 37,800.00
$ 7,750.00
$ 10,000.00
$ 89,000.00
$ 5,400.00
$ 4,500.00
$ 19500.00
$180,5A8.00
18,059.00
33,770.00
232,417.00
AMOUNT OF LETTER OF CREDIT $233,000.00
*Information concerning the landscaping requirements shall be
obtained from the City of Miami Planning Department.
,R,
COVENANT TO RUN WITH THE LAND
WHEREAS, LAZARUS REALTY. INC., a
Florida corporation
(hereinafter referred to as "the Owner" or "he" irrespective of
actual gender and number, and meaning either singular or plural
and including heirs, assigns and successors in interest thereof,
where the context so requires or admits) is the present fee
simple owner of a subdivision entitled
RAYSHORE VILLAS as recorded in
Plat Book at Page of the Public Records of Dade
County, Florida; and
WHEREAS, The City of Miami, a municipal corporation in the
State of Florida, in the County of Dade, (hereinafter referred
to as the "CITY"), pursuant to Chapter 54, Section 54.30 of THE
CODE OF THE CITY OF MIAMI, FLORIDA, requires the OWNER to
construct or cause to be constructed at no expense to the CITY,
the following improvements within the area and/or on the streets
abutting said subdivision.
LiYQ iisG�
Rockerman Road
and
WHEREAS, the OWNER asks to be relieved of his obligation to
construct the aforementioned improvements at this time, and in
consideration of the forbearance of the CITY he agrees with the
CITY that he will at his own expense construct the aforementioned
improvements at such time in the future as he is notified by the
CITY that the aforementioned improvements are necessary or
desirable:
g8--24
r
COVENANT TO RUN WITH THE LAND
WHEREAS LAZARUS REALTY. INC., a
Florida corporation
(hereinafter referred to as "the Owner" or "he" irrespective of
actual gender and number, and meaning either singular or plural
and including heirs, assigns and successors in interest thereof,
where the context so requires or admits) is the present fee
simple owner of a subdivision entitled
RAYEHME VILLAS as recorded in
Plat Book at Page of the Public Records of Dade
County, Florida; and
WHEREAS, The City of Miami, a municipal corporation in the
State of Florida, in the County of Dade, (hereinafter referred
to as the "CITY"), pursuant to Chapter 54, Section 54.30 of THE
CODE OF THE CITY OF MIAMI, FLORIDA, requires the OWNER to
construct or cause to be constructed at no expense to the CITY,
the following improvements within the area and/or on the streets
abutting said subdivision.
nnnAa=sharo TNT.iV�
Rockerman Road
and
WHEREAS, the OWNER asks to be relieved of his obligation to
construct the aforementioned improvements at this time, and in
consideration of the forbearance of the CITY he agrees with the
CITY that he will at his own expense construct the aforementioned
improvements at such time in the future as he is notified by the
CITY that the aforementioned improvements are necessary or
desirable:
'd
9, 8-24
c*444
NOW, THEREFORE, in consideration of the premises herein
set out, the OWNER hereby covenants and agrees with the CITY
to construct or cause to be constructed at the expense of the
OWNER, and without cost to the CITY, the aforementioned improvements
within the area and/or on the street right-of-way abutting the
aforesaid subdivision, upon thirty (30) days written notice from
the Director of Public Works of the City of Miami, Florida,
addressed to the OWNER, at c/o Lazarus Communities, Inc.
14100 S. W. 129th Street, Miami. Florida 33137 •
It is expressly agreed that this obligation shall be binding
upon the OWNER, his heirs, successors in interest or assigns, and
shall be a condition implied in any conveyance or other instrument
affecting the title to the aforesaid subdivision or any portion
thereof.
In the event that the OWNER or any future fee simple owner
of any lot in said subdivision shall fail to cause the aforementioned
improvements to be constructed within the area, and/or in the street
right-of-way abutting the property platted as herein provided within
thirty (30) days after the mailing of the written notice form the
Director of the Department of Public Works of The City of Miami,
Florida, then the City'Manager of The City of Miami, Florida shall
act as agent of the OWNER of any fee simple owner of any lot or
parcel described in said written notice, which agency is hereby
specifically created, and said City Manager shall cause the
aforementioned improvements to be constructed at the expense of the
OWNER and/or said fee simple owner, and the amount of such cons-
truction cost shall be declared and extablished as a lien on the
property of such defaulting OWNER and enforced as any lien for
materials furnished and work and labor done, as provided under
the Statutes of Florida.
-2-
99-24
i
rs
IN WITNESS WHEREOF the OWNER has caused this agreement
to be executed this A day of l/F•n /01= / A.D., 19 87
Signed, Sealed and Delivered OWNEDUS
in he Presence of: LAa RE LTY, INC.
(SEAL)
t ics C �T (SMAL
l
_ (SEALS
ATTEST :
z J!S�
As . ccretary
STUART FEDER
(Corporate Seal)
APPROVED:
i
f
Depa en of -Public Works
E
t
THIS INSTRUMENT WAS
=i PREPARED BY:
yi
�I
As Fres ent
ARTHUR 9AMR1
orpora
S
(SEAT.)
(SEAL)
(SEAL)
APPROVED AS TO FORM AND
LEGALITY:
- 3 -
City Attorney
1
S8-24
I
ti
CORPORATION FORM
IN WITNESS WHEREOF, the OWNER has caused these presents to
be executed and signed in its name by its proper officers, and its
corporate seal to be affixed hereto and attested to by its Secretary
the day and year first above set forth.
Signed, Sealed and Delivered
in the Presence of:
STATE OF FLORIDA)
COUNTY OF DADE )
LAZARUS 7ALTYr INC.
By : �l
ARTHUR'S,&ARUS, PRESIDENT
ATTEST:
STUART FEDER, SECRETARY
CORPORATE SEAL
I HEREBY CERTIFY that on this ;4 o day o f ,vo A. D . ,
19 87 , before me personally appeared ARTHUR LAZARUS and STUART FEDER,
President and Secretary, respectively, of LAZARUS REALTY, INC.,
a corporation under the laws of the State of Florida, to me known to
be the persons who signed the foregoing instrument as such officers
and severally acknowledged the execution thereof to be their free act
and deed as such officers for the uses and purposes therein mentioned
and that they affixed thereto the official seal of said corporation,
and that the said instrument is the act and deed of said corporation.
WITNESS my hand and official seal at Miami, County of Dade, and
State of Florida, the day and year last aforesaid.
NOTAW( P;1?LI ST,,T_ OF hLORIDA.
f4Y AUG. 17. 1990.
UONUEU 1„— hvinl.v I�.L1C: UNDERWRIiBRS
NOTARY LI1
STATE OF FLORIDA i-T "0%
This Instrument Prepared by
Department of Law
City of Miami, Florida
98-24
ARTICLES OF INCORPORATION
BY-LAWS
OF
SHORE VILLAS--HOIO;OWNERS' ASSOCIATION. INC.
1. Identity.
The name of the corporation is BAYSHORE VILLAS
HOMEOWNERS- ASSOCIATION, INC., hereinafter referred to as the
"Association", a corporation not -for -profit organized under the
Laws of the State of Florida. The Association has been
organized for the purpose of providing for maintenance,
preservation and architectural control, and for promoting the
health, safety and welfare of the residents within Bayshore
Villas, a development located upon that certain parcel of land
situated in Dade County, Florida as more specifically described
on Exhibit "A" which is attached hereto and made a part hereof.
The principal office of the corporation shall be located at
14100 S.W. 129th Street, Miami, Florida 33186, and shall be
utilized as the address of the Association for providing notice
to the Association until the Association shall notify the
Association membership to the contrary, but meetings of members
and directors may be held at such places within the State of
Florida, County of Dade, as may be designated by the Board of
Directors of the Association.
The fiscal year of the Association shall be the
calendar year.
The seal of the corporation shall bear the name of the
corporation, the words "Corporation Not -For -Profit", and the
year of incorporation, an impression of which is as follows:
2. Definitions.
All terms defined in the Declaration of Covenants,
Conditions and Restrictions of Bayshore Villas ("Declaration"),
as the same may be amended from time to time, when used in these
By -Laws, shall have the same definition and meaning as set forth
in the Declaration.
(a) ,Annual Meetings. The first annual meeting of the
Members shall be held on or before one (1) year from the date of
incorporation of the Association, and each subsequent regular
annual meeting of the members shall be held during the last two
t
9a- ArPM
weeks of each at such time and place as may be
determined by the Board of Directors.
(b) Special Meetings. Special meetings of the Members
may be called at any time by the President of the Association or
by the Board of Directors of the Association ("Board" or "Board
of Directors") or upon written request of the Members delivered
to the Board of Directors who are entitled to vote one-fourth
(1/4) of all of the votes of either Class A or Class B
membership interests.
(c) Notice of Meetings. Written notices of each
meeting of the Members shall be given by, or at the direction
of, the Secretary of the Association or person authorized to
call the meeting, by mailing a copy of such notice, postage
prepaid, at least fifteen (15) days (or more if required by the
Articles of Incorporation of the Association or by the
Declaration) before such meeting to each Member entitled to vote
thereat, addressed to the Member's address last appearing on the
books of the Association, or supplied by such Member to the
Association for the purpose of notice. Such notice shall
specify the place, day and hour of the meeting, and, in the case
of a special meeting, the purpose of the meeting.
(d) OuorUm. The presence at any membership meeting,
of Members entitled to cast a majority of all votes of the
— entire Association membership, without distinction as to class
represented, shall constitute a quorum for any action except as
otherwise provided for in the Articles, the Declaration or these
By -Laws. If however, such quorum shall not be present or
represented at any meeting, the Members entitled to vote thereat
shall have the power to adjourn the meeting from time to time,
— without notice other than an announcement at the meeting, until
a quorum as aforesaid shall be present or represented.
(e) Voting. At any meeting of Members, the Owners of
Parcels shall be entitled to cast such votes to which they are
entitled as provided in the Declaration and Articles of
Incorporation of the Association.
(f) Vote Required to Transact Business. When a quorum
is present at any meeting, a majority of the votes cast in
person or represented by written proxy, without distinction as
— ; to Class, shall decide any question properly brought before the
meeting, unless the question is one which by express provision
i of the Declaration, Articles of Incorporation of the Association
or these By -Laws requires a different vote, in which case such
express provision shall govern and control the decision of such
question.
(g) Proxies. At all meetings of Members, each Member
entitled to vote may vote in person or by proxy. All proxies
-2-
98-24
d
w
O, 4h
shall be in writing, signed by the Voting Member granting the
proxy and filed with the Secretary of the Association prior to
the meeting at which same are to be voted. Every proxy shall be
revocable and shall automatically cease upon conveyance by the
member of his Parcel. The Proxy shall be valid only for such
meeting, or meetings subsequently held pursuant to an
adjournment of that meeting. Proxies may be given only to a
Voting Member.
(h) Order of Business. The order of business at
annual members meetings, and as far as practical at other
meetings, shall be:
(i) Calling of the role and certifying of proxies;
(ii) Proof of notice of meeting;
(iii) Reading of Minutes;
(iv) Report of officers;
(v) Report of committees;
(vi) Appointment of chairman;
(vii) Election of directors;
(viii) Unfinished business;
(ix) New business;
(x) Adjournment.
4. Directors.
(a) Selection. Number, Term. The affairs of this
Association shall be managed by a Board of at least three (3)
Directors, who shall be Members of the Association, excepting
any Directors who have been elected by the Declarant. The names
and addresses of the persons who shall serve as Directors until
the selection of their successors are:
Arthur Lazarus 14100 S.W. 129th Street
Miami, Florida 33186
,i Stuart M. Feder 14100 S.W. 129th Street
Miami, Florida 33186
Patricia Bosco 14100 S.W. 129th Street
Miami, Florida 33186
i
si -3-
i
!313-24
At the first annual meeting following the date on which Unit
Owners (other than Declarant) are entitled to elect all of the
Directors, the Members shall, by majority vote, divide the
Directors equally (or as close to equal as possible) into two
(2) classes such that the term of office of one class of
directors shall expire at the annual membership meeting held one
(1) year after their election; and the term of office of the
second class of directors, at the annual membership meeting held
two (2) years after their election. Any vacancy on the Board
shall be filled for the unexpired term of the vacated office by
the remaining Directors, provided, however, that any Director
who has been elected by the Declarant, may not be removed from
the Board except by the Declarant, and should said member die,
resign, or be removed from the Board, he will be replaced by the
Declarant.
(b) Removal. Death, Resignation. Any Director, except
a Director appointed by Declarant in accordance with
subparagraph (a) above, may be removed from the Board, with or
without cause, by two-thirds vote cast by the Voting Members of
the Association voting in person or by proxy at a meeting duly
called in accordance with these By -Laws, the Articles of
Incorporation or the Declaration, provided a quorum is then
present. In the event of death, resignation or removal of a
Director, other than a Director appointed by Declarant, his
successor shall be selected by the remaining Directors of the
Board and shall serve for the unexpired term of his predecessor.
In the event of death, resignation or removal of a
Director appointed by Declarant, his successor shall be
appointed by Declarant and shall serve for the unexpired term of
his predecessor. Declarant shall have the absolute right to
remove, with or without cause, any Director appointed by the
Declarant including an original Director and to appoint his
successor.
(c) Compensation. No Director shall receive
compensation for any service he may render to the Association.
= However, any Director may be reimbursed for his actual expenses
incurred in the performance of his duties.
(d) Action without Meeting. The Directors shall have
the right to take any action in the absence of a meeting which
they could take at a meeting by obtaining the written approval
of the appropriate number of Directors needed to take such
action.
5. Nomination and Election of Directors.
(a) Nomination. Nomination for election to the Board
shall be made by a Voting Member from the floor at the annual
meeting.
-4-
98-24
(b) Election. At such election, the Members or their
proxies may cast, in respect to each vacancy, as many votes as
they are entitled to exercise under the provisions of the
Declaration. The number of persons to be elected receiving a
plurality of the votes cast shall be Directors and shall
constitute the Board of Directors until the neat annual meeting
of the Members and election and qualification of their
successors, or until otherwise replaced in the manner herein
provided.
-
(a) Regular Meetings. Regular meetings of the Board
shall be held, without notice, at such time and place as shall
be fixed from time to time by a majority of the Board. Should
said meeting fall upon a legal holiday, then the meeting shall
be held at the same time on the next day which is not a legal
holiday. This Section shall not be construed as to require
regular meetings of the Board of Directors.
(b) Special Meetings. Special meetings of the Board
shall be held when called by the president of the Association,
or by any two (2) Directors, after not less than three (3) days
notice to each Director. Notice of said meeting shall be given
to each Director, personally or by mail, telephone or telegraph,
but nothing contained herein shall be deemed to disallow any
Director's waiver of said notice.
(c) Organizational Meeting. The organizational
meeting of a newly elected Board of Directors shall be held
within ten (10) days of their election at such time and place as
shall be fixed by the Directors at the meeting at which they are
elected, and no further notice of the organizational meeting
shall be necessary.
(d) Ouoru . A majority of the number of Directors
shall constitute a quorum for the transaction of., business.
(e) Vote Reguired to Transact Business. When a quorum
is present at any meeting, a majority of the votes cast in
person or represented by written proxy, shall decide any
question properly brought before the meeting, unless the
question is one which by express provision of the Declaration,
Articles of Incorporation of the Association or these By -Laws
requires a different vote, in which case such express provision
shall govern and control the decision of such question.
(f) Waiver of Notice. Any Director may waive notice
of a meeting before or after the meeting, and such waiver shall
be deemed equivalent to the giving of notice.
(g) Joinder in Minutes. The joinder of a Director in
the action of a meeting by signing and concurring in the minutes
-5-
N6-24
''1
of that meeting shall constitute the presence of such Director
for the purpose of determining a quorum and action of the Board,
unless prohibited by statute.
(h) Presiding Officer. The presiding officer of the
Directors' meetings shall be the Chairman of the Board if such
an officer has been elected, and if none, the President shall
preside. In the absence of the presiding officer the Directors
shall designate one of their members to preside.
(i) Order —of Business. The order of business at
Directors' meetings shall be:
(i) Calling of role;
(ii) Proof of notice of meeting;
(iii) Reading of minutes;
(iv) Report of officers and committees;
(v) Election of officers;
(vi) Unfinished business;
(vii) New business;
(viii) Adjournment.
(a) Powers. The Board shall have the power to:
(i) adopt and publish rules and regulations
governing the use of the Common Area and facilities thereon,
if any, and the personal conduct of the Members and their
guests thereon, and to establish penalties for the
infraction thereof;
(ii) impose reasonable fines upon any Member for
violation of the Declaration, Articles, or Bylaws in
accordance with the procedures set forth in the Declaration.
(iii) exercise for the Association all powers,
duties and authority vested in or delegated to the
Association and not reserved to the membership by other
provisions of these By -Laws, the Articles of Incorporation
or the Declaration;
(iv) declare the office of a member of the Board
to be vacant in the event such member shall be absent from
three (3) consecutive meetings of the Board of Directors,
provided however, that concurrence in the minutes of the
IM
NS-24
r"1
meeting as provided for herein shall constitute presence at
said meeting;
(v) employ such employees as they deem necessary
and prescribe their duties;
(vi) exercise such other powers as given by
Florida Statutes and not in conflict herewith.
(vii) foreclose the lien against any Parcel and
Unit for which assessments, dues, fees, or expenses are not
paid within thirty (30) days after due date and/or bring an
action at law against the Owner personally obligated to pay
the same.
(b) Duties. It shall be the duty of the Board to:
(i) cause to be kept a complete record of all its
acts and corporate affairs and to present a statement
thereof to the Members at an annual meeting of the Members;
(ii) supervise all officers, agents and employees
of the Association, and determine that their duties are
properly performed;
(iii) as more fully provided in the Declaration, to
fix the amount of the annual assessment against each Parcel
at least thirty (30) days in advance of each annual
assessment period and to send written notice of each
assessment to every Owner subject thereto.
(iv) issue, or to cause an appropriate officer to
issue, upon demand by any person, a certificate setting
forth whether or not any assessment has been paid. A
reasonable charge may be made by the Board for the issuance
of these certificates. If a certificate states an
assessment has been paid, such certificate shall be
conclusive evidence of such payment;
(v) procure and maintain liability and hazard
insurance on property owned by the Association, all as more
specifically provided in the Declaration;
(vi) cause the Common Area to be maintained.
8. Officers and Their Duties.
(a) Enumeration of Officers. The officers of this
Association shall be a president (who shall at all times be a
member of the Board of Directors), a secretary and a treasurer,
and such other officers as the Board may from time to time, by
resolution create.
-7-
913-24
eIN
(b) Election of Officers. The election of officers
shall take place at the first meeting of the Board following
each annual meeting of the members.
_ (c) Term. The officers of the Association shall be
elected annually by the Board and each shall hold office for one
(1) year unless he shall sooner resign, or shall be removed, or
otherwise disqualified to serve.
(d) Special Appointments. The Board may elect such
other officers as the affairs of the Association may require,
each of whom shall hold office for such period, have such
authority and perform such duties as the Board may, from time to
time, determine.
(e) Resignation and Removal. Any officer may be
removed from office with or without cause by the Board. Any
officer may resign at any time by giving written notice to the
Board, the president or the secretary. Such resignation shall
take effect on the date of receipt of such notice or at any
later time specified therein, and unless otherwise specified
therein, the acceptance of such resignation shall not be
necessary to make it effective.
(f) Vacancies. A vacancy in any office may be filled
by appointment by the Board. The officer appointed to such
vacancy shall serve for the remainder of the term of the officer
he replaces.
(g) Multiple Officers. The offices of secretary and
treasurer may be held by the same person. No person shall
simultaneously hold more than one of any of the other offices
except in the case of special offices created pursuant to
subsection (d) of this paragraph.
(h) Compensation. Compensation of all officers and
employees of the Association shall be fixed by the Directors,
but this provision shall not be deemed to require that
compensation be paid to said officers.
(i) Duties. The duties of the officers are as follows:
President
The president shall preside at all meetings of the
Board, shall see that orders and resolutions of the Board are
carried out, shall sign all leases, mortgages, promissory notes,
deeds and other written instruments and shall co-sign all checks.
The vice-president, if any, shall act in the place and
stead of the president in the event of his absence, inability or
-8-
,48-24
/0-1
refusal to act, and shall exercise and discharge such other
duties as may be required of him by the Board.
Secretary
The secretary shall record the votes and keep the
minutes of all meetings and proceedings of the Board and of the
Members, keep the corporate seal of the Association and affix it
to all papers requiring said seal, serve notice of meetings of
the Board and of the Members, keep appropriate current records
showing the Members of the Association together with their
addresses and perform such other duties as required by the Board.
Treasurer
The treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association, disburse such funds
as directed by resolution of the Board, co-sign all checks of
the Association, keep proper books of account, and if deemed
appropriate by the Board of Directors, cause an audit of the
Association's books to be made by a public accountant at the
completion of each fiscal year and prepare an annual budget and
statement of income and expenditures to be presented to the
membership at its regular annual meeting.
9. Committees.
The Board may
Committee, as provided in
Board shall appoint other
carrying out its purpose.
appoint an Architectural Control
the Declaration. In addition, the
committees as deemed appropriate in
The books, records and papers of the Association shall
at all times, during reasonable business hours, be subject to
inspection by any Member. The Declaration, the Articles and
these By -Laws shall be available for inspection by any Member at
the principal office of the Association, where copies may be
purchased at reasonable cost.
11. Assessments.
As more fully provided in the Declaration, each Member
is obligated to pay to the Association annual and special
assessments of the Association and annual and special
assessments, (collectively the "Payments") which are secured by
a continuing lien upon the Parcel (and Unit thereon) against
which the Payments are made. Should any Payment not be made
within fifteen (15) days after the due date thereof, then the
Board shall be entitled, in its sole discretion, to assess
against said Owner a late fee of fifteen percent (15%) of the
ME
99-24,
i^ 1 1__N
unpaid amount (or such other late fee amount as the Board may
determine) to cover requisite bookkeeping, administration and
collection services, required with regard to said late payment.
Any Payments which are not made when due and payable shall be
delinquent, and if the Payments are not paid within thirty (30)
days after the due date, the Payments shall bear interest from
the date when due at the rate of eighteen percent (18%) per
annum from the date due until paid. The Association may bring
an action at law against the Owner personally obligated to pay
the same or foreclose the lien against the Owner's Parcel (and
Unit thereon). Interest, costs, and reasonable attorneys' fees
incurred in any such actions shall be added to the amount of
such Payments. No Member may waive or otherwise escape
liability for the Payments provided for herein by non-use of the
Common Area or abandonment of his Parcel.
12. Amendments: Conflict: -Actions.
(a) These By -Laws may be amended at a regular or
special meeting of the Members evidenced by a majority of the
votes cast by Voting Members in person or by prosy, provided a
quorum is then present, except as may be elsewhere provided in
these By -Laws, or the Articles of Incorporation or the
Declaration of Restrictions with regard to the rights of the
Declarant with respect to Amendments requested by the Federal
Housing Administration, the Veterans Administration, banks,
savings and loans, or other lending institutions, or other
governmentally related lending institutions.
(b) In the case of any conflict between the Articles
and these By -Laws, the Articles shall control; and in the case
of any conflict between the Declaration and these By -Laws, the
Declaration shall control.
(c) Provided further, however, that so long as the
Declarant owns any Parcel which is being held for sale in the
ordinary course of business, and notwithstanding the fact that
Class B membership may have ceased to exist, no amendment of
these By -Laws or any action of the Board of Directors or Members
may:
(i) In any way impair or prejudice the rights of
the Declarant as set forth herein and in the Declaration and
Articles of Incorporation of the .Association;
(ii) Discriminate against or impair or prejudice
the rights of the Declarant or interfere with the
Declarant's efforts or ability to market and sell those
Units and Parcels owned by it;
(iii) Remove the Declarant's right to appoint at
least one (1) member to the Board of Directors;
-10-
q8-24
(iv) Assess the Declarant for capital improvements
without his prior written consent;
(v) Deny the Declarant the right to vote; or
(vi) Revoke Declarant's right to be excused from
payment of regular assessments by virtue of his guaranteeing
deficits, and providing services as elsewhere set forth in
the Declaration.
13. No Cumulative Voting. In all actions by the Board of
Directors or the Members, cumulative voting shall not be
permitted.
14. Parliamentary Rules.
Robert's Rules of Order (latest edition) shall govern
the conduct of the Association meetings when not in conflict
with the Declaration, Articles of Incorporation, or these ByLaws.
-11-
.' 8-24
CERTIFICATION
1, the undersigned, do hereby certify:
THAT I am the duly elected and acting secretary of the
BAYSHORE VILLAS HOMEOWNERS' ASSOCIATION, INC., a Florida
corporation, and
THAT the foregoing By -Laws constitute the original
By -Laws of said Association, as duly adopted at a meeting of the
Board of Directors thereof, held on the day of December,
1987.
IN WITNESS WHEREOF, I have hereunto subscribed my name
and affixed the seal of said Association this day of
December, 1987.
178-116+/4
-12-
PATRICIA BOSCO, Secretary
[CORPORATE SEAL]
98-24
WMIBIT "A"
LBGAL DBSCRIPTIOfl
Begin at the Northwesterly corner of Tract Be Block 2, ROCKERMAN
HEIGHTS according to the plat thereof as recorded in Plat Book
53, Page 27 of the Public Records of Dade County, Florida, thence
S. 34000100" E. along the Westerly line of said Tract B for
759.35 Ft.; thence N. 56000100" E for 2.00 Ft.; thence S.
34000100" E along the Easterly line of said plat of ROCKERMAN
HEIGHTS, being also the Southerly projection of the Westerly
line of Lot 20, JOHN T. PEACOCK ESTATE, according to the plat
thereof as recorded in Plat Book 2, Page 12 of the Public Records
of Dade County, Florida, for 223 Ft. more or less to the Mean
High Water Line of Biscayne Bay; thence Easterly, along said
Mean High Water Line for 227 Ft. more or less, to the Southerly
projection of the Westerly line of L'HERMITAGE, according to
the plat thereof as recorded in Plat Book 111, Page 22 of the
Public Records of Dade County, Florida; thence N. 33058112"
W., along the Westerly line of said plat of L'HERMITAGE, being
_ also the Easterly line of Lot 11, Block A and it's Southerly
projection, BISCAYNE PARK SUBDIVISION, as recorded in Plat Book
2, Page 36 of the Public Records of Dade County, Florida for
962 feet more or less to the Southerly Right of Way line of
South Bayshore Drive; thence S 55059138" W, along the Southerly
Right of Way line of South Bayshore Drive for 125.00 Ft. to
a Point of Curvature of a circular curve to the left; thence
Westerly along the arc of said curve having a radius of 1875.67
Ft. and a central angle of 03007104" for an arc distance of
102.07 Ft. to the Point of Beginning.
18-24
a
ARTICLESOF C• •• •
OF
In compliance with the requirements of the State of
Florida, the undersigned, all of whom are residents of Dade
County, Florida and all of whom are of full age, have this day
voluntarily associated themselves together for the purpose of
forming a corporation not for profit and do hereby certify as
follows:
The name of the corporation shall be BAYSHORE VILLAS
HOMEOWNERS' ASSOCIATION, INC. For convenience, the corporation
shall be referred to in this instrument as the "Association".
The initial principal office of the Association shall
be located at 14100 S.W. 129th Street, Miami, Florida 33186.
The principal office of the corporation may in the future be
located at such other place as the Board of Directors of the
Association may designate from time to time. The initial
registered agent of the Association is S.S.S.& H. REGISTERED
AGENT CORPORATION whose address is 1 Southeast 3rd Avenue, 30th
Floor, Miami, Florida 33131.
This Association does not contemplate pecuniary gain or
profit to the members thereof, and the specific purposes for
which it is formed are to provide for maintenance, preservation,
and architectural control of the Parcels, Units and Common Area
within that certain tract of property located in Dade County,
Florida, and more particularly described in Exhibit A attached
hereto (the "Property"), and to promote the health, safety and
welfare of the residents within the Property and for this
purpose to:
(a) exercise all of the powers and privileges and to
perform all of the duties and obligations of the Association as
set forth in the Declaration of Covenants, Conditions and
Restrictions of Bayshore Villas (the "Declaration") applicable
to the Property and recorded or to be recorded in the Public
=_ Records of Dade County, Florida and as the same may be amended
from time to time as therein provided, said Declaration (includ-
ing the definitions of terms utilized therein) being incorpo-
rated herein as if set forth at length;
(b) fix, levy, collect and enforce payment by any
lawful means, of all charges, assessments, dues, fees or
expenses pursuant to the terms of the Declaration; to pay all
f expenses in connection therewith and all office and other
expenses incident to the conduct of the business of the Asso-
ciation, including all licenses, taxes or governmental charges
levied or imposed against the property of the Association;
(c) acquire (by gift, purchase or otherwise) own,
hold, improve, build upon, operate, maintain, convey, sell,
lease, transfer, dedicate for the public use or otherwise
dispose of real or personal property in connection with the
affairs of the Association;
98-24
(d) borrow money, mortgage, pledge, deed in trust, or
hypothecate any or all of the Association's real or personal
property as security for money borrowed or debts incurred;
(e) dedicate, sell or transfer all or any part of the
Common Area to any public agency, authority, or utility for such
purposes and subject to such conditions as may be agreed to by
the Members.
(f) have and to exercise any and all powers, rights
and privileges which a corporation organized under the Nonprofit
Corporation Law of the State of Florida may by law now or hereaf-
ter have or exercise provided they are not in conflict with
these Articles;
(g) to maintain, repair, replace and operate the
Common Area, Parcels and improvements on the Property, all as
more specifically provided in the Declaration;
(h) to purchase insurance for the Common Area and
improvements on the Property and insurance for the protection of
the Association and its members, all as more specifically
provided in the Declaration;
(i) to reconstruct improvements on the Property after
casualty and further improve the Property, all as more specifi-
cally provided in the Declaration;
(j) to make and amend reasonable rules and regulations
respecting the maintenance, upkeep, and use of the Common Area,
Parcels and improvements on the Property, all as more specifi-
cally provided in the Declaration; and
(k) to employ personnel to perform the services
required for the proper operation, maintenance and upkeep of the
Common Area, Parcels and improvements on the Property, all as
more specifically provided in the Declaration.
Every person or entity including the Declarant, who is
the record owner of a fee or undivided fee interest in any
Parcel which is a part of the Property, shall be a member of the
Association. The foregoing is not intended to include persons
or entities who hold an interest merely as security for the
performance of an obligation. Membership shall be appurtenant
to and may not be separated from ownership of a Parcel.
(a) The Association shall have two (2) classes of
voting membership:
Class A. Class A members shall be all Owners of Units
(excepting only the Declarant, until it shall become a Class A
member). Each Parcel owned by a Class A member shall have allo-
cated to it one (1) vote in all elections and/or actions to be
taken by the membership of the Association.
Class B. The Class B member shall be the Declarant.
Each Parcel owned by the Class B member shall have allocated to
it three (3) votes in all elections and/or actions to be taken
by the membership of the Association, which votes may be cast by
the Class B member in the manner herein specified.
-2-
98-24
(b) If a Parcel is owned by more than one (1) individ-
ual or by a corporation, partnership or other entity, or a com-
bination of the above, said Owners, corporation, partnership
and/or other entity shall file a certificate with the Secretary
of the Association naming the one (1) person authorized to cast
the vote (or votes in the case of Class B membership) for that
Parcel (hereinafter referred to as the "Voting Member"). If the
same is not on file prior to any meeting of the members, annual
or special, a vote or votes of such Parcel shall not be consid-
ered nor shall the presence of said Owners at a meeting be
considered in determining whether the quorum requirement has
been met. If a Parcel is owned by only one (1) individual, that
individual shall automatically be the Voting Member for that
Parcel.
(c) The affairs of the Association shall be managed by
a Board of at least three (3) Directors. Notwithstanding any-
thing to the contrary in this Declaration, the Declarant shall
be entitled to elect all members of the Board of Directors until
ninety (90) days after the date which Declarant no longer is the
Owner of any Unit or Parcel within the Property.
(d) Change of membership in the Association shall be
established by recording in the Public Records of Dade County,
Florida, a deed or other instrument conveying record fee title
to any Parcel, and by the delivery to the Association of a copy
of such recorded instrument. The Owner designated by such
instrument shall, by his acceptance of such instrument, become a
Member of the Association, and the membership of the prior owner
shall be terminated. The interest, if any, of a Member in the
funds and assets of the Association shall not be assigned, hypo-
thecated or transferred in any manner except as an appurtenance
to his real property. Membership in the Association by all
Owners shall be compulsory and shall continue, as to each Owner,
until such time as such Owner transfers or conveys of record his
interest in the real property upon which his membership is based
or until said interest is transferred or conveyed by operation
of law, at which time the membership shall automatically be
conferred upon the transferee. Membership shall be appurtenant
to, run with, and shall not be separated from the real property
interest upon which membership is based.
The affairs of this Association shall be managed by a
Board of at least three (3) Directors who shall be members of
the Association, excepting any Directors who have been elected
by the Declarant. The names and addresses of the persons who
are to act in the capacity of Directors until the selection of
their successors are:
Arthur Lazarus
Stuart M. Feder
Patricia Bosco
14100 S.W. 129th Street
Miami, Florida 33186
14100 S.W. 129th Street
Miami, Florida 33186
14100 S.W. 129th Street
Miami, Florida 33186
At the first annual meeting following the date on which
Unit Owners (other than Declarant) are entitled to elect all of
the Directors, the members shall, by majority vote, divide the
Directors equally (or as close to equal as possible) into two
(2) classes such that the term of office of one class of direc-
tors shall expire at the annual membership meeting held one (1)
year after their election; and the term of office of the second
-3-
98-24
class of directors, at the annual membership meeting held two
(2) years after their election. Any vacancy on the Board of
Directors shall be filled for the unexpired term of the vacated
office by the remaining Directors, provided however, that should
said vacancy occur in the Board member(s) designated by the
Declarant, then said vacancy shall be filled by the Declarant,
provided the Declarant continues to own at least one Parcel.
Directors may additionally be removed and replaced in the manner
provided for in the By -Laws.
The Association shall initially be administered by the
Officers designated hereinbelow. Officers shall be elected by
the Board of Directors at each annual meeting immediately follow-
ing the annual meeting of the members of the Association, and
shall serve at the pleasure of the members of the Board of
Directors. The names and addresses of the Officers that shall
serve until their successors are designated by the Board of
Directors are as follows:
name Office Address
Arthur Lazarus President 14100 S.W. 129th Street
Miami, Florida 33186
Stuart M. Feder Vice President/ 14100 S.W. 129th Street
Treasurer Miami, Florida 33186
Patricia Bosco Secretary 14100 S.W. 129th Street
Miami, Florida 33186
The first By -Laws of the Association shall be adopted
by the Board of Directors and may be altered, amended or
rescinded in the manner provided by the By -Laws.
Every Director and every Officer of the Association
shall be indemnified by the Association against all expenses and
liabilities, including counsel fees, reasonably incurred by or
imposed upon him in connection with any proceeding or any settle-
ment of any proceeding to which he may be a party or to which he
may become involved by reason of his being or having been a
Director or Officer of the Association, whether or not he is a
Director or Officer at the time such expenses and/or liabilities
are incurred, except when the Director or Officer is adjudged by
a court of law to be guilty of willful misfeasance or malfea-
sance in the performance of his duties. The foregoing right of
indemnification shall be in addition to and not exclusive of all
other rights to which such Director or Officer may be entitled.
The Association may be dissolved with the assent of the
membership of the Association evidenced by the affirmative vote
of at least ninety percent (90%) of the votes cast by the Voting
Members, voting in person or by proxy without distinction as to
Class, at a meeting of the membership duly called in accordance
-4-
98-24
A
with the By -Laws, provided a quorum is then present. Upon disso-
lution of the Association, other than incident to a merger or
consolidation, the assets of the Association shall be dedicated
to an appropriate public agency to be used for purposes similar
to those for which this Association was created. In the event
that such dedication is refused acceptance, such assets shall be
granted, conveyed and assigned to any nonprofit corporation,
association, trust or other organization to be devoted to such
similar purposes.
The term of this Association shall be perpetual.
f Amendments to these Articles shall be proposed and
y adopted in the following manner:
(a) A notice of the subject matter of the proposed
amendment shall be included in the notice of any meeting at
which the proposed amendment is considered.
{
(b) A resolution for the adoption of the proposed
+ amendment may be proposed either by the Board of Directors or by
any member of the Association. Except as elsewhere provided,
amendments to these Articles shall require the decision of the
membership evidenced by a majority of the votes cast by the
Voting Members, voting in person or by proxy, without distinc-
tion as to Class, at a meeting duly called in accordance with
the By -Laws, provided a quorum is then present, and a unanimous
vote of all of the members of the Board of Directors.
i
(c) A copy of each amendment shall be filed with the
Secretary of State or its successor.
ARTICLE XIII
In the case of any conflict between the By -Laws and
these Articles of Incorporation, these Articles of Incorporation
shall control. In the case of any conflict between these Arti-
cles and the Declaration, the Declaration shall control.
The names and addresses of the Subscribers of these
Articles of Incorporation are as follows:
Arthur Lazarus
Stuart M. Feder
14100 S.W. 129th Street
Miami, Florida 33186
14100 S.W. 129th Street
Miami, Florida 33186
IN WITNESS WHEREOF, for the purpose of forming this
corporation under the laws of the State of Florida, we, the
undersigned, constituting the subscribers of this Association,
-5-
88-24
1
• have executed these Articles of incorporation this day of
December, 1987.
ARTHUR LAZARUS
STUART M. FEDER
STATE OF FLORIDA )
COUNTY OF )
SWORN TO and subscribed before me as to Arthur Lazarus,
and Stuart M. Feder, this day of December, 1987.
My Commission Expires:
178-117+/6
NOTARY PUBLIC, State of Florida
at Large
-6-
98-24
CERTIFICATE DE — NATING PLACE OF BUSINESS Olt DOMICILE FOR THE
SERVICE OF PROCESS WITHIN FLORIDA, NAMING AGENT UPON WHOM
PROCESS MAY BE SERVED
IN COMPLIANCE WITH SECTION 48.091, FLORIDA STATUTES,
THE FOLLOWING IS SUBMITTED:
FIRST -- BAYSHORE VILLAS HOMEOWNERS' ASSOCIATION, INC.,
DESIRING TO ORGANIZE OR QUALIFY UNDER THE LAWS OF THE STATE OF
FLORIDA WITH ITS PRINCIPAL PLACE OF BUSINESS AT DADE COUNTY,
STATE OF FLORIDA, HAS NAMED S.S.S.& H. REGISTERED AGENT
CORPORATION LOCATED AT 1 SOUTHEAST THIRD AVENUE, 30TH FLOOR,
MIAMI, FLORIDA 33131, STATE OF FLORIDA, AS ITS AGENT TO ACCEPT
SERVICE OF PROCESS WITHIN FLORIDA.
BAYSHORE VILLAS HOMEOWNERS'
ASSOCIATION, INC.
ARTHUR LAZARUS, President
DATE:
HAVING BEEN NAMED TO ACCEPT SERVICE OF PROCESS FOR THE
ABOVE STATED CORPORATION, AT THE PLACE DESIGNATED IN THIS
CERTIFICATE, I HEREBY AGREE TO ACT IN THIS CAPACITY, AND I
FURTHER AGREE TO COMPLY WITH THE PROVISIONS OF ALL STATUTES
RELATIVE TO THE PROPER AND COMPLETE PERFORMANCE OF MY DUTIES.
STATE OF FLORIDA )
SS:
COUNTY OF )
THIS
S.S.S. &
BAYSHORE
NONPROFI
S.S.S.& H. REGISTERED AGENT
CORPORATION
SIGNATURE: By:
(AUTHORIZED
SIGNATORY)
DATE:
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME
T
DAY OF DECEMBER, 1987, BY
H. REGISTERED AGENT CORPORATION,
VILLAS HOMEOWNERS' ASSOCIATION,
CORPORATION.
MY COMMISSION EXPIRES:
178-117+/6
-7-
GISTERED AGENT OF
INC., A FLORIDA
NOTARY PUBLIC, STATE OF FLORIDA
AT LARGE
98-24
R)MIBIT •A`
LZQRL DESCRIPTION
Begin at the Northwesterly corner of Tract Be Block 2, ROCKERMAN
HEIGHTS according to the plat thereof as recorded in Plat Book
53, Page 27 of the Public Records of Dade County, Florida, thence
S. 34000100" E. along the Westerly line of said Tract B for
759.35 Ft.; thence N. 56000100" E for 2.00 Ft.; thence S.
34000100" E along the Easterly line of said plat of ROCKERMAN
HEIGHTS, being also the Southerly projection of the Westerly
line of Lot 20, JOHN T. PEACOCK ESTATE, according to the plat
thereof as recorded in Plat Book 2, Page 12 of the Public Records
of Dade County, Florida, for 223 Ft. more or less to the Mean
High Water Line of Biscayne Bay; thence Easterly, along said
Mean High Water Line for 227 Ft. more or less, to the Southerly
projection of the Westerly line of L'HERMITAGE, according to
the plat thereof as recorded in Plat Book 111, Page 22 of the
Public Records of Dade County, Florida; thence N. 33058112"
W., along the Westerly line of said plat of L'HERMITAGE, being
also the Easterly line of Lot 11, Block A and it's Southerly
projection, BISCAYNE PARK SUBDIVISION, as recorded in Plat Book
2, Page 36 of the Public Records of Dade County, Florida for
962 feet more or less to the Southerly Right of Way line of
South Bayshore Drive; thence S 550591380 W, along the Southerly
Right of Way line of South Bayshore Drive for 125.00 Ft. to
a Point of Curvature of a circular curve to the left; thence
Westerly along the are of said curve having a radius of 1875.67
Ft. and a central angle of 03007104" for an arc distance of
102.07 Ft. to the Point of Beginning.
98-24
��l
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASE4MS
OF
0
DEFINITIONS....................................... 1
PROPERTY SUBJECT TO DECLARATION ................... 3
Section 1. Property..... ..... o.o..00 ........ 0. 3
Section 2. Title to Common Areas....... ... o ... 3
Section 3. Limited Private Areas .............. 3
MEMBERSHIP........................................ 3
Section
1.
Membership ......................... 3
Section
2.
Voting Rights ...................... 4
Section
3.
Board of Directors ................. 4
Section
yE IV
4.
Change of Membership ............... 4
RIGHTSOF DECLARANT ............................... 5
Section
1.
Rights Reserved by Declarant....... 5
Section
2.
Disputes as to Use ................. 6
Section
3.
Use Restrictions ................... 6
Section
4.
Assignment ......................... 6
Section
5.
Conflicts .......................... 6
FUNCTIONSOF
ASSOCIATION .......................... 6
Section
1.
Services ........................... 6
Section
2.
Other Services ..................... 7
Section
3.
Obligation of the Association...... 7
Section
4.
Property Management ................ 8
Section
5.
Mortgage and Pledge ................ 8
Section
6.
Conveyance to Association.......... 8
Section
7.
Conveyance by Association.......... 8
EASEMENTS.........................................
Section 1. Appurtenant Easements ..............
Section 2. Utility Easement... o ........ o..00.o
Section 3. Declarant Easement., .... o ..........
Section 4. Service Easement...... .............
Section 5. Easement for Encroachments.........
Section 6. Bay Easement Area ..................
Section 7. Garden Easements ...................
Section S. Extent of Easements ................
8
8
8
9
9
9
9
9
10
98-24
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TABLE OF CO S (Continued)
Paae
DOCKAREA .........................................
10
Section
1.
Dock Area Rights
Section
2.
...................
Boat Slips
10
Section
3.
.........................
Assessments
11
........................
11
ARTICLE VIII
ASSESSMENTS.......................................
11
Section
1.
Creation of the Lien and Personal
Obligations of Assessments......
11
Section
2.
The Lien for Assessments..........
12
Section
3.
Purpose of Annual Assessments.....
12
Section
4.
Special Assessments ...............
13
Section
5.
Individual Assessments............
13
Section
6.
Date of Commencement of Annual
Assessments; Due Dates..........
13
Section
7.
initial Contribution ..............
13
Section
8.
Duties of the Board of Directors..
14
Section
9.
Determination of Assessments......
14
Section
10.
Maximum Annual Assessments........
14
Section
11.
Delinquent Assessments............
14
Section
12.
Subordination of the Lien to the
Mortgages; Mortgagees' Rights.....
14
Section
13.
Exempt Property ...................
15
Section
14.
Collection of Assessments.........
15
Section
15.
Costs of Collection ...............
15
Section
16.
Late Fees .........................
15
ARCHITECTURALCONTROL ............................. 15
Section 1. Architectural Control Committee... 15
Section 2. Approval of Development and
Construction .................... 15
WALLS; CONSTRUCTION AND MAINTENANCE ...............
17
Section
1.
Wall Specifications.. ....... o
17
Section
2.
Perimeter Wall ....................
17
Section
Section
3.
4.
Privacy Wall ......................
Common Wall .......................
17
17
Section
LE XI
5.
Bay Parcels .......................
17
GUESTPARKING
SPACE ...............................
18
iRESTRICTIONS ......................................
18
i Section
1.
Prohibitions and Requirements.....
18
Section
2.
Rights and Remedies, ........ o .....
19
Section
3.
House Trailers and Temporary
Buildings... o..o..o .... o..o .....
20
Section
4.
Signs ...........................0.
20
Section
5.
Enforcement .......................
20
Section
6.
Declarant .........................
2A
RIGHTTO MODIFY OR CANCEL ......................... 21
1
g8-24
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TABLE OF CONTENTS (Continued)
Pace
ARTICLE XIV
INSURANCE AND CASUALTY DAMAGE ..................... 21
ARTICLE XV
EMINENT DOMAIN OR CONDEMNATION PROCEEDINGS........ 21
ARTICLE_
COMPLIANCE
WITH
THIS DECLARATION ..................
21
Section
1.
Compliance by Owners ..............
21
Section
2.
Enforcement .......................
22
! Section
3.
Fines .............................
22
ARTICLE XVII
CABLE TELEVISION AND SECURITY SERVICES............
22
ARTICLE XVIII
TERMINATION.......................................
23
Section
1.
Duration. .............. o ........
23
Section
2.
Termination of Declaration........
23
ARTICLE XIX
GENERALPROVISIONS ................................
23
Section
1.
Amendments by Members .............
23
Section
2.
Enforcement .......................
24
Section
3.
Severability ......................
24
Section
4.
Authorized Action .................
24
Section
5.
Execution of Documents............
24
Section
6.
Prohibited Actions ................
24
Section
7.
Singular Plural and Gender........
24
Section
8.
Construction... ............. o..
25
SCHEDULE OF EXHIBITS
Exhibit A. Legal Description
Exhibit B. Articles of Incorporation
Exhibit C. By -Laws
98-24
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04
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS
OF
BAYSHORE VILLAS
This Declaration of Covenants, Conditions, Restrictions
and Easements (the "Declaration") made by LAZARUS REALTY, INC.,
a Florida corporation, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, the Declarant is the owner of certain real
property located in Dade County, Florida, as more particularly
described on Exhibit "A", which is attached hereto and made a
part hereof (hereinafter referred to as the "Property"); and
WHEREAS, Declarant desires to enhance and protect the
value, desirability and attractiveness of the Property.
NOW, THEREFORE, Declarant hereby declares that all of
the Property shall be held, sold, conveyed, leased, mortgaged
and otherwise dealt with subject to the easements, covenants,
conditions, restrictions, reservations, liens and charges as
hereinafter set forth, all of which are for the purpose of
enhancing and protecting the value, desirability and attractive-
ness of the Property. Said easements, covenants, conditions,
restrictions, reservations, liens and charges shall run with the
Property, shall be binding upon all parties having and/or acquir-
ing any right, title or interest in the Property or in any part
thereof, and shall inure to the benefit of each and every person
or entity, from time to time, owning or holding an interest in
the Property.
Section 1. The following words and terms when used in
this Declaration (unless the context shall clearly indicate
otherwise) shall have the following meanings:
(a) "Architectural Control Committee" or "ACC" shall
refer to that certain committee described in Article IX hereof.
(b) "Articles" and "By -Laws" shall mean and refer to
the Articles of Incorporation and the By -Laws of the Associa-
tion, copies of which are attached hereto as Exhibits B and C,
respectively.
(c) "Association" shall mean and refer to Bayshore
Villas Homeowners' Association, Inc., a Florida not -for -profit
corporation, its successors and assigns.
(d) "Bay Easement Area" shall mean and refer to that
area lying between the Survey Tie Line as shown on the Plat and
the Mean High Water Line of Biscayne Bay, all as more specifi-
cally set forth in Article VI Section 6 of this Declaration.
(e) "Bay Parcels" shall mean and refer to those
Parcels whose boundary lines extend to Biscayne Bay.
(f) "Common Area" shall mean and refer to all real or
personal property owned or to be owned by the Association for
the common use and enjoyment of the Owners of Parcels, includ-
ing, without limitation, Tracts A, B and C as shown on the Plat,
once said tracts are conveyed to the Association.
(g) "Common Expenses" shall mean and refer to -that
portion of expenditures for maintenance, operation and other
-1-
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94
services required or authorized to be performed by the Associa-
tion and which is attributable to Common Area.
(h) "Common Road" shall mean and refer to the road
located within the Common Area, which road shall not be dedi-
cated to the City of Miami or Dade County as a public road.
(i) "Declarant" shall mean Lazarus Realty, Inc., a
Florida corporation. Wherever the term Declarant is used this
Declaration, or in the Articles or Bylaws of the Association, it
shall be deemed to include Declarant's successors and/or assigns.
-i
(j) "Declaration" shall mean and refer to this Declara-
tion of Covenants, Conditions and Restrictions and includes the
same as it may, from time to time, be amended.
(k) "Dock Area" shall mean and refer to the area
reserved by Declarant for possible construction of boat slips as
more specifically described in Article VII hereof.
(1) "Dominant Parcel" shall mean and refer to that
Parcel which shall receive the benefit and use of the Garden
Easement, as more fully set forth in Section 7 of Article VI of
this Declaration.
(m) "Garden Easement" shall mean and refer to that
perpetual and exclusive easement located on the northwesterly
five feet of certain Parcels in favor of the adjacent Parcel, as
more fully set forth in Section 7 of Article VI of this Decla-
ration.
(n) "Institutional Lender" shall mean and refer to the
owner and holder of a mortgage encumbering a Unit, which owner
and holder of said mortgage shall be a bank, savings and loan
association, savings bank, the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, or
other agency of the United States government, life insurance
company, real estate or mortgage investment trust or company or
a lender generally recognized in the community as an institu-
tional lender.
(o) "Limited Private Area" shall mean and refer to
those portions of land within the Parcels lying between the
exterior front wall of a Unit or extension thereof and the
boundary line of the Parcel fronting the Common Road, and shall
include all landscaping improvements and decorative and func-
tional appurtenances thereon. Limited Private Areas are within
the boundary lines of each Parcel being conveyed to an Owner and
the title and ownership of such Limited Private Areas are in the
name of the Owner of such Parcel.
(p) "Member" shall mean and refer to all those Owners
who are Members of the Association as provided in Article III
hereof.
(q) "Owner" shall mean and refer to the Owner as shown
by the records of the Association, whether it be the Declarant,
one or more persons, firms, associations, corporations, or other
legal entities of fee simple title to any Parcel located within
the Property. Owner shall not mean or refer to the holder of a
mortgage or security deed, its successors or assigns, unless and
until such holder has acquired title pursuant to foreclosure or
deed in lieu of foreclosure; nor shall the term "Owner" mean or
refer to any lessee or tenant of an Owner.
(r) "Parcel" shall mean and refer to any one of the
lots shown upon the Plat.
(s) "Plat" shall mean and refer to the plat of
Bayshore Villas recorded or to be recorded in the Public Records
of Dade County, Florida.
-2-
98-24
ork
(t) "Property" shall mean and include the real prop-
erty described in Exhibit "A" attached hereto and, when added in
accordance with the terms and conditions hereof, shall also
include such real property as may in the future be subjected to
this Declaration under the provisions of Article X11 hereof when
and if subjected to this Declaration by an amendment executed by
Declarant and recorded in the Public Records of Dade County,
Florida. Nothing in this Declaration shall in any way encumber
or otherwise affect any real property other than the Property
described in Exhibit "A" unless and until such an amendment is
executed by Declarant and recorded in said public records.
(u) "Servient Parcel" shall mean and refer to that
Parcel which shall be subject to the Garden Easement, as more
fully set forth in Section 7 of Article VI of this Declaration.
(v) "Unit" shall mean and refer to the residential
dwelling constructed by Declarant or Declarant's nominee upon
any Parcel.
�!Jzke*Jul
Section 1. Property. The real Property which shall be
held, transferred, sold, conveyed, given, donated, leased and/or
occupied subject to this Declaration is described in Exhibit "A"
attached hereto and made a part hereof by reference.
The Declarant shall not be required to follow any pre-
determined order of improvement and development within the Prop-
erty; and it may bring within this Declaration additional lands
and develop them before completing the development of the Prop-
erty.
Section 2. Title to Common Areas. The Declarant may
retain title to the Common Areas or any portion thereof until
the later of (a) the date on which Declarant completes all
improvements on the Property; or (b) the date on which Class B
membership ceases as set forth in Article III hereof. Within
thirty (30) days after the date of the later occurrence of
either of the foregoing, the Declarant shall convey all Common
Areas to the Association.
Section 3. Limited Private Areas. The Limited Private
Area of each Parcel shall be subject to the following: (i) such
utility easements as may be shown on the Plat, (ii) such other
easements and rights as may be set forth in this Declaration,
and (iii) the guest parking space requirements, as more fully
set forth in Article XI of the Declaration. Each Owner shall be
responsible for the maintenance of all hard surfaced or paved
areas, such as driveways and sidewalks located thereon; and the
Association shall be responsible for the maintenance of the
guest parking space, the landscaping, as well as the construc-
tion and maintenance of a sprinkler system. The landscaping
within the Limited Private Area shall be arranged and maintained
in such a way so as not to hinder or impair the use of drive-
ways, sidewalks or guest parking spaces. Subject to the provi-
sions of this Section, no Owner shall have any rights with
respect to any Limited Private Area except for that Limited
Private Area located within said Owner's Parcel.
Section 1. Membership. Every Owner, including the
Declarant shall be a Member of the Association, and by accep-
tance of a deed or other instrument evidencing his or its owner-
ship interest, each Owner accepts his membership in the
-3-
98-24
4% 0
Association, acknowledges the authority of the Association as
herein stated, and agrees to abide by and be bound by the provi-
sions of this Declaration or any supplemental declaration, the
Articles, the By -Laws and other rules and regulations of the
Association. In addition to the foregoing, the family members,
guests, invitees, tenants, and employees (including family
members, guests and invitees of tenants) of said Owners shall,
while in or on the Property, abide and be bound by the provi-
sions of this Declaration or any supplemental declaration, the
Articles, the By -Laws and other rules and regulations of the
Association.
Section 2. Voting Rights.
(a) The Association shall have two (2) classes of
voting membership:
Class --A. Class A members shall be all Owners of Units
(excepting only the Declarant, until it shall become a Class A
member). Each Parcel owned by a Class A member shall have
allocated to it one (1) vote in all elections and/or actions to
be taken by the membership of the Association.
Class B. The Class B member shall be the Declarant.
Each Parcel owned by the Class B member shall have allocated to
it three (3) votes in all elections and/or actions to be taken
by the membership of the Association, which votes may be cast by
the Class B member in the manner herein specified.
(b) If a Parcel is owned by more than one (1) individ-
ual or by a corporation, partnership or other entity, or a com-
bination of the above, said Owners, corporation, partnership
and/or other entity shall file a certificate with the Secretary
of the Association naming the one (1) person authorized to cast
the vote (or votes in the case of Class B membership) for that
Parcel (hereinafter referred to as the "Voting Member"). If the
same is not on file prior to any meeting of the members, annual
or special, a vote or votes of such Parcel shall not be consid-
ered nor shall the presence of said Owners at a meeting be con-
sidered in determining whether the quorum requirement has been
met. If a Parcel is owned by only one (1) individual, that
individual shall automatically be the Voting Member for that
Parcel.
Section 3. Board of Directors. The affairs of the
Association shall be managed by a Board of at least three (3)
Directors. Notwithstanding anything to the contrary in this
Declaration, the Declarant shall be entitled to elect all
members of the Board of Directors until ninety (90) days after
the date on which Declarant no longer is the Owner of any Unit
or Parcel within the Property. Thereafter, Unit Owners shall be
entitled to elect all members of the Board of Directors.
Section 4. Change of Membership. Change of membership
in the Association shall be established by recording in the Pub-
lic Records of Dade County, Florida, a deed or other instrument
—
conveying record fee title to any Parcel, and by the delivery to
=
the Association of a copy of such recorded instrument. The Owner
designated by such instrument shall, by his acceptance of such
instrument, become a Member of the Association, and the member-
ship of the prior owner shall be terminated. The interest, if
any, of a Member in the funds and assets of the Association
shall not be assigned, hypothecated or transferred in any manner
except as an appurtenance to his real property. Membership in
the Association by all Owners shall be compulsory and shall
continue, as to each Owner, until such time as such Owner trans-
fers or conveys of record his interest in the real property upon
which his membership is based or until said interest is trans-
ferred or conveyed by operation of law, at which time the member-
ship shall automatically be conferred upon the transferee.
-4-
88-24
0
Membership shall be appurtenant to, run with, and shall not be
separated from the real property interest upon which membership
is based.
ARTICLE IV
RIGHTS OF DECLARANT
Section 1. Rights Reserved by Declarant.
(a) Except as may be specifically limited in this
Declaration or a supplement, Declarant and its successors,
nominees and assigns shall have the right to make such uses of
any portions of the Property as Declarant shall from time to
time determine. Notwithstanding anything to the contrary con-
tained in this Declaration and in recognition of the fact that
Declarant will have a continuing and substantial interest in the
development and administration of the Property, Declarant hereby
reserves for itself and its successors, nominees and assigns,
and the Association recognizes, agrees to and acknowledges that
Declarant and its successors, nominees and assigns shall have
the right to use all Common Area and all other portions of the
Property, in conjunction with and as part of its program of
selling, leasing, constructing and developing the Property,
including, but not limited to, the right to enter and transact
business, maintain models, offices and trailers, place signs,
employ sales personnel, show Units and other portions of the
Property and use portions of the Property owned by Declarant or
the Association for purposes set forth above and for transporta-
tion and storage of construction materials and for assembling
construction components without any cost to Declarant and its
successors, nominees and assigns for such rights and privileges.
(b) The rights and privileges of Declarant as set
forth in this Section 1, are in addition to and in no way limit
any other rights or privileges of Declarant. The provisions of
this Section 1 may not be suspended, superseded or modified in
any manner without Declarant's consent. This right of use and
transaction of business as set forth herein, like Declarant's
other rights herein, may be assigned in writing by Declarant in
whole or in part.
(c) Notwithstanding anything to the contrary contained
herein, Declarant, in addition to its other rights to use the
Common Area, shall have the right to use all or any portion of
any building thereon including, but not limited to, buildings or
other structures, as a sales or rental office or construction
office. Any models, sales areas, sales or rental office(s), park-
ing areas, construction office(s), signs and any other desig-
nated areas or personal property pertaining to the sale, rental,
construction, maintenance and repair efforts of Declarant shall
not be part of the Common Area and shall remain the property of
Declarant or its nominees, as the case may be. At such time as
Declarant no longer owns any portion of the Property, or such
earlier time as Declarant may determine, in its sole discretion,
Declarant shall terminate its use rights in any buildings, any
models, sales or rental areas, parking areas or any other
designated area(s) or any portions thereof and may, in its sole
discretion, convey any personal property thereon to the Associa-
tion. Notwithstanding the immediately preceding sentence,
Declarant or its nominee shall have the right to maintain
without charge an office for the provision of brokerage or other
services of such size as Declarant may in its sole discretion
determine to be necessary or appropriate, located on the Common
Area, which location shall not be changed without Declarant's
consent, for so long as this Declaration shall be in effect.
The use rights and the right to transact business on the Common
Area as set forth herein and any other rights reserved by Declar-
ant may be assigned, in writing, by Declarant in whole or in
part.
-5-
'�8=24
(d) Declarant, its successors, nominees, and assigns
shall have the right to construct, maintain and repair such
structures or improvements including the carrying on of all
activities appurtenant thereto or associated therewith as Declar-
ant deems necessary or appropriate for the development of the
Property.
(e) Declarant shall have the right and the power to
regulate and control the external design and appearance of
Common Area in such a manner as (i) to promote a quality environ-
ment which will preserve the value of the Property and (ii) to
foster the attractiveness and functional utility of the Property
as a place to live, work and play, including a harmonious rela-
tionship among structures, vegetation and topography.
Section 2. Disputes as to Use. In the event there is
any dispute as to whether the use of the Property or any portion
thereof complies with the covenants and restrictions contained
in this Declaration, any supplement or amendment, such dispute
shall be referred to the Declarant, and a determination rendered
by Declarant with respect to such dispute shall be final and
binding on all parties concerned therewith. Any use by Declar-
ant and its successors, nominees and assigns of the Property or
any parts thereof in accordance with Section 1 of this Article
shall be deemed a use which complies with this Declaration.
Section 3. Use Restrictions. Declarant reserves the
absolute right, power and authority, subject to requirements of
governmental authorities having jurisdiction over the Property,
to assign and reassign various land uses to the Property or por-
tions thereof by execution of an appropriate instrument recorded
in the Public Records of Dade County and to inaugurate and imple-
ment variations from, modifications to, or amendments of any gov-
ernmental zoning, land use restrictions, plans, land development
regulations, development order and development permits applica-
ble to portions of the Property.
Section 4. Assignment. Declarant reserves the right
and the power (but shall not have the obligation) to delegate or
assign, either exclusively or non -exclusively, on a permanent or
temporary basis, to any person or entity, any or all of its
rights, powers, duties or privileges created or provided for by
this Declaration or by any other recorded instrument relating to
the Property. All such assignments shall be by a written instru-
ment executed by Declarant.
Section 5. Conflicts. In the event of any conflict
- between the provisions of this Article IV and any other provi-
sion contained in this Declaration, the provisions of this
Article IV shall govern.
Section 1. Services. The Association shall provide
the following services:
(a) Maintenance of all Common Areas.
(b) Maintenance of that portion of the Bay Easement
Area and Dock Area, if any, if and when conveyed or assigned to
the Association by the Declarant pursuant to the provisions of
this Declaration.
(c) Maintenance of all city, county, district or
municipal properties to the extent permitted by any governmental
authority which are located within or in a reasonable proximity
to the Property to the extent that their deterioration would
adversely affect the appearance of the Property.
-6-
98-24
04
(d) Maintenance of any landscaping and sprinkler
systems located within the Limited Private Areas.
(e) Maintenance of any portion of the Property upon
which the Association has accepted an easement for said mainte-
nance by duly recording an instrument granting said easement to
the Association executed and delivered by the Owner thereof to
the Association or as shown on the Plat.
(f) Maintenance of the perimeter boundary wall of the
Property, boardwalks, retaining wall, walkways and waterfront
areas as may be owned by the Association.
(g) Conducting the business of the Association, includ-
ing but not limited to, administrative services such as legal,
accounting and financial, and communication services such as
informing Members of activities, meetings, and other important
events.
(h) Establishing and operating the Architectural Con-
trol Committee.
(i) Publishing and enforcing such Rules and Regula-
tions as the Board deems necessary or appropriate.
(j) Purchasing general liability and hazard insurance
covering improvements and activities on the Common Area at
current replacement cost basis in an amount not less than one
hundred (100%) percent of the insurable value, directors and
officers liability insurance, if available, and such other insur-
ance as the Board deems necessary. Hazard insurance proceeds
for losses to any Common Area may not be used other than for
repair, replacement or reconstruction of such property. An
Institutional Lender holding a first mortgage shall, upon
request, be entitled to written notification from the Associa-
tion of any lapse, cancellation or material modification of any
insurance coverage held by the Association.
(k) Providing such security measures as the Board of
Directors of the Association may determine appropriate from time
to time including providing for a security guard and/or security
system at the entrance(s) to the Property.
Section I. Other Services. The Association may pro-
vide the following services:
(a) Insect, pest and aquatic control to the extent
that it is necessary or desirable in the judgment of the Associa-
tion to supplement the service provided by the state and local
governments.
(b) Taking any and all actions necessary to enforce
all covenants, conditions and restrictions affecting the Prop-
erty and to perform any of the functions or services delegated
to the Association in any covenants, conditions or restrictions
applicable to the Property or in the Articles of By -Laws.
(c) Constructing improvements on Common Area and ease-
ments as may be required to provide the services as authorized
in Section 2 of this Article.
- Section 3. Obligation of the Association. The Associa-
tion shall carry out any of the functions and services specified
in Section 1 and 2 of this Article to the extent such
maintenance and services can be provided with the proceeds from
annual assessments first, and then, if necessary, from special
assessments. The functions and services allowed in Section 1 of
this Article to be carried out or offered by the Association at
any particular time shall be determined by the Board of
Directors of the Association taking into consideration proceeds
-7-
of assessments and the needs of the Members of the Association.
The functions and services which the Association is authorized
to carry out or to provide, may be added to or reduced at any
time upon the affirmative vote of a majority of the Board of
Directors.
Section 4. Property Management. in addition to the
foregoing, the Association may enter into such management and/or
service contracts for the management, operation, care and/or
maintenance of the Property, as the Board of Directors may deem
advisable; and the Board of Directors may delegate any or all of
the powers and duties to be performed by it to any such person
or entity, except those specifically required by this Declara-
tion to have the specific approval of the Board of Directors or
of the Members. Any such management or service contracts
entered into by the Association prior to the time that Declarant
is no longer entitled to elect the Board of Directors shall be
subject to cancellation with or without cause or penalty upon a
vote of a majority of the members of the Association (other than
Declarant) at any time after Declarant no longer has the right
to elect the Board of Directors of the Association.
Section 5. Mortgage and Pledge. The Board of Direc-
tors of the Association shall have the power and authority to
mortgage the property of the Association and to pledge the
revenues of the Association as security for loans made to the
Association which loans shall be used by the Association in
performing its functions.
Section 6. Conveyance to Association. The Association
shall be obligated to accept any and all conveyances to it by
Declarant or others of fee simple title, easements or leases to
Common Area or other areas.
Section 7. Conveyance by Association. The Association
shall be empowered to delegate or convey any of its functions or
Common Area to any governmental unit for public utilities or for
other public purposes consistent with the intended use of such
property.
Section 1. ARpurtenant Easements. Declarant grants to
all Owners, their family members, guests, lessees and invitees,
as an appurtenance to the ownership of real property within the
Property and subject to this Declaration, the Articles and
By -Laws of the Association and the rules promulgated by the
Association, a perpetual non-exclusive easement for ingress and
egress over and across all roadways, walks and other portions of
the Common Area intended for such purpose and for the use and
enjoyment of all Common Areas, such use and enjoyment to be
shared in common with the other Owners, their family members,
guests, lessees and invitees as well as the guests, lessees and
invitees of the Declarant.
Section 2. Utility Easement. The Declarant reserves
to itself, its successors or assigns, a perpetual easement upon,
over, under and across the Property for the purpose of maintain-
ing, installing, repairing, altering and operating sewer lines,
water lines, waterworks, sewer works, force mains, lift sta-
tions, water mains, sewer mains, water distribution systems,
sewage disposal systems, effluent disposal systems, pipes,
wires, electrical conduits and wiring, gas lines, syphons,
valves, gates, pipelines, cable television service, and all
machinery and apparatus appurtenant thereto to all of the fore-
going as may be necessary or desirable for the installation and
maintenance of utilities servicing all Owners and servicing all
Common Areas, all such easements to be of a size, width and loca-
tion as Declarant, in its discretion, deems best but selected in
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fi 0
a location so as to not unreasonably interfere with the use of
any improvements located upon the Property.
Section 3. Declarant Easement. The Declarant hereby
reserves to itself, its successors and assigns, and to such
other persons as Declarant may from time to time designate, a
perpetual easement, privilege and right in and to, over, under,
on and across the Common Area for ingress and egress as required
by its officers, directors, employees, agents, independent con-
tractors, invitees and designees; provided, however, that such
access and use do not unnecessarily interfere with the reason-
able use and enjoyment of these properties and facilities by the
Owners.
' Section 4. Service Easement. Declarant hereby grants
to delivery, pickup and fire protection services, police and
other authorities of the law, United States mail carriers, repre-
sentatives of electrical, telephone, cable television and other
utilities authorized by the Declarant, its successors or assigns
to service the Property, and to such other persons as the Decla-
rant from time to time may designate, the non-exclusive, perpet-
ual right of ingress and egress over and across the Common Area
for the purposes of performing their authorized services and
investigation.
Section 5. Easement for Encroachments. In the event
that any structure or wall which may now or hereafter be located
on a Parcel shall encroach upon any other Parcel or upon the
Garden Easement appurtenant to such other Parcel, then an
easement appurtenant to the first Parcel shall exist for so long
as such encroachment shall naturally exist, provided said
encroachment is approved by the ACC.
Section 6. Bay Easement Area. Declarant hereby
reserves to itself, its successors or assigns, a perpetual and
exclusive easement across the Bay Parcels and across Tract C (as
shown on the Plat), extending from the Survey Tie Line as desig-
nated on the Plat (the "Tie Line") to the Mean High Water Line
of Biscayne Bay, as more particularly shown on the Plat together
with any rights to submerged lands adjoining the Bay Parcels and
all riparian and littoral rights appurtenant thereto (the "Bay
Easement Area"). The Bay Easement Area may be used for the con-
struction of walkways, retaining wails, docks, landscaping or
such other similar structures as Declarant may elect to
construct from time to time, in its sole discretion.
_ Declarant shall have the right (but not the obligation)
to transfer all or any portion of its rights to the Bay Easement
Area to the Association or to any other person or entity.
Neither the Association nor any Unit owner shall have any claims
with respect to the Bay Easement Area, to submerged lands, ripa-
rian or littoral rights, said rights being specifically retained
® by Declarant, unless and until Declarant transfers said rights
to the Association.
® Nothing in this Declaration shall be deemed to create
or impose minimum setback lines for the construction of Units,
other than those imposed or required by the governmental entity
having jurisdiction.
_ Section 7. Garden Easements. Excepting only the Bay
Parcels, there is hereby created on each Parcel (the "Servient
Parcel") in favor of the immediately abutting Parcel to the
northwest, if any (the "Dominant Parcel"), an easement (the
"Garden Easement") more particularly described as follows:
A five (5) foot wide perpetual and exclusive easement
_ lying wholly within the Servient Parcel, abutting the common
boundary line of the Servient and Dominant Parcels and extending
from the front privacy wall connecting the affected Units to the
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98-24
4% 0
Perimeter Wall of the Property lying to the rear of said Units.
The Owner of the Servient Parcel shall retain the right to enter
into said Garden Easement area in order to clean, maintain,
repair or repaint the exterior portion of the wall of his Unit,
but said Owner shall have no other rights with respect thereto.
The Owner of the Dominant Parcel shall have all rights and obli-
gations incident to ownership of the area encompassed by said
Garden Easement. The Garden Easement shall remain and be appur-
tenant to the Dominant Parcel, and the rights to said easement
shall pass with the title to the Dominant Parcel. The Garden
Easements shall not be terminated or extinguished without the
prior written consent of the Association.
No Garden Easement is hereby created on the Parcels
referred to as Lot 1 of Block 1 and Lot 1 of Block 2 on the
Plat, or either on or in favor of the Bay Parcels.
Section 8. Extent of Easements. The rights and ease-
ments of enjoyment created hereby shall be subject to the follow-
ing:
(a) The right of the Declarant or the Association, in
accordance with its Articles and By -Laws, to borrow money from
any lender for the purpose of improving and/or maintaining the
Common Area and providing services authorized herein and, in aid
thereof, to mortgage said properties;
(b) The right of the Association to suspend the rights
and easements of enjoyment of any Member or any tenant of any
Member for any period during which any assessment remains
unpaid, and for any period, not to exceed sixty (60) days, for
any infraction of its published rules and regulations, it being
understood that any suspension for either nonpayment of assess-
ment or breach of any rules and regulations of the Association
shall not constitute a waiver or discharge of the Member's
obligation to pay the assessment.
(c) The Board of Directors shall have the power (but
not the obligation) to place any reasonable restrictions upon
the use of any roadways owned by the Association including, but
not limited to, the maximum and minimum speeds of vehicles using
said roads, all other necessary traffic and parking regulations,
and the maximum noise levels of vehicles using said roads. The
fact that such restrictions on the use of such roads shall be
more restrictive than the laws of any state or local government
having jurisdiction over the Property shall not make such
restrictions unreasonable.
Section 1. Dock Area Rights. Declarant reserves to
itself (and to its successors or assigns) the exclusive right
(without the necessity of consent of either the Association or
the Unit Owners) to construct and equip (including the required
utilities therefor) a dock area, including, without limitation,
walkways and boat slips upon the Bay Easement Area and all lands
extending seaward (i.e., southeasterly) thereof. Declarant
further reserves the right to dredge and/or remove any land,
fill or other materials within the Bay Easement Area. Declarant
also reserves the right to place such utilities over, under or
through the Property, as may be required to service the Dock
Area and to place such moorings, foundations or other structures
in or upon the Bay Easement Area, as may be necessary to con-
struct the Dock Area. Nothing herein contained, however, shall
_ be deemed to make it obligatory for Declarant to construct and
equip the Dock Area or boat slips thereon. These provisions are
intended only as a reservation of the rights herein set forth,
and are subject to the rights of the applicable governmental
authorities.
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98-24
Notwithstanding anything in this Declaration to the
contrary, in the event Declarant elects to develop and construct
the Dock Area, said Dock Area shall be reserved exclusively to
Declarant, or Declarants licensees, assignees, successors or
Lessees and not be deemed Common Area unless and until Declarant
conveys its rights to the Dock Area to the Association. Said
Dock Area, if and when conveyed to the Association, shall, how-
ever, be maintained by the Association and shall be subject to
assessments as set forth in Section 3 of this Article. Nothing
herein contained, however, shall be deemed to make it obligatory
for Declarant to convey the Dock Area to the Association.
Section 2. Boat Slips.
(a) The exclusive right to use any boat slips con-
structed in accordance with this Article may be assigned, sold,
leased or licensed, for consideration, by the Declarant only to
Unit Owners, or their lessees, for the berthing or storage of a
boat, provided said boat is owned by the Unit Owner (or lessee
thereof) to whom the boat slip has been assigned, sold, leased
or licensed. All such consideration received by Declarant shall
inure solely and exclusively to the Declarant for the benefit of
Declarant. The purchaser, assignee, lessee or licensee of said
boat slip shall be hereinafter referred to as "Slip -owner."
Unless otherwise required by agreement with Declarant, each
Slip -owner shall have the exclusive right to use the boat slip
without additional charge therefor (except for assessments for
maintenance and repair as provided below). All Slip -owners and
the family members, guests, invitees and licensees of the
Slip -owner shall have vehicular and pedestrian easement rights
over and through such portions of the Common Area and the Bay
Easement Area as may be intended for such purposes in order to
access the Dock Area.
(b) All boats kept in boat slips must be properly main-
tained, seaworthy, movable under their own power, and all said
boats shall be registered with the Association. No overnight
occupancy shall be permitted on the boats. No Slip -owner shall
be permitted to perform any maintenance to his boat, other than
general cleaning of said boat.
(c) In the event that a Dock Area and/or boat slips
= are constructed and equipped by the Declarant, then each Unit
Owner and Slip -owner shall be subject to such Dock Area rules
and regulations as may be promulgated from time to time by the
Declarant or, in the event the Dock Area rights are conveyed to
the Association, to such Dock Area rules and regulations as may
be promulgated from time to time by the Association.
Section 3. Assessments. In the event Declarant
conveys its Dock Area rights to the Association, expenses for
— maintenance of the Dock Area shall be assessed against all
Slip -owners at the rate of fifteen percent (15%) of the assess-
ment charged against Units. The cost of any repairs or replace-
ments (including, without limitation, replacement of pilings)
required to be made to the Dock Area shall be assessed as
follows: fifty percent (50%) of said costs shall be assessed
pro rata (i.e., so that all Slip -owners shall pay equal amounts)
against all Slip -owners and the remaining fifty percent (50%) of
said costs shall be assessed pro rata against all Unit Owners
(including those Unit Owners who are also Slip -owners).
ARTICLE VIII
Section 1. Creation of the Lien and Personal Obliga-
tions of Assessments. The Declarant covenants, and each Owner
of any Unit or Parcel shall by acceptance of a deed therefor,
regardless of whether it shall be so expressed in any such deed
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8--24
or other conveyance, be deemed to covenant and agree to all the
terms and provisions of this Declaration and to pay the Associa-
tion: (a) annual assessments, (b) special assessments and (c)
individual assessments, all fixed, established and collected
from time to time as hereinafter provided. The annual, special
and individual assessments together with such interest thereon
and costs of collection therefor shall be a charge and continu-
ing lien as provided herein on the real property and improve-
ments thereon of the Owner against whom each such assessment is
made. Each such assessment, together with such interest thereon
and cost of collection, shall also be the personal obligation of
the person who was the Owner of such real property at the time
when the assessment first became due and payable. The liability
for assessments may not be avoided by waiver of the use or enjoy-
ment of any Common Area or by the abandonment of the Parcel or
Unit against which the assessment was made. In the case of
co -ownership of a Unit or Parcel, all of such co -Owners shall be
jointly and severally liable for the entire amount of the assess-
ment. In the event any Parcel is subdivided (which subdivision
shall require the prior approval of the Board of Directors of
the Association), assessments for the affected Parcel shall be
allocated amongst the various portions thereof, pro rata, based
upon the net area within each portion thereof, unless otherwise
approved in writing by the Board of Directors of the Associa-
tion. For purposes of lien and collections rights only, all
Slip -owners and their slip shall be subject to the provisions of
this Article.
Section 2. The Lien for AssessmQ,nts. The Association
shall have a lien upon each Parcel or Unit to secure the
personal obligation of the Owner thereof for any unpaid assess-
ment and interest thereon. Such lien shall also secure reason-
able attorneys' fees incurred by the Association incident to the
collection of such assessment or enforcement of such lien and
any costs incurred in connection therewith, whether or not
litigation is required, and if required, inclusive of attorneys'
fees and costs on appeal. The lien shall be evidenced by a
claim of lien recorded among the Public Records of Dade County,
Florida, and shall be effective from and as of the time of such
recording, but such lien shall be subordinate to the lien of any
mortgage of an Institutional Lender or any other lien recorded
prior to the time of the recording of the claim of lien by the
Association. The Board may take such action as is deemed
necessary to collect assessments by either an in personam action
or lien foreclosure, or both, and may settle and compromise the
— same if in the best interest of the Association.
Liens for assessments may be foreclosed by suit brought
in the name of the Association in like manner as a foreclosure
of a mortgage on real property. In any such foreclosure, the
court, in its discretion, may award such other and further
relief as it deems appropriate. The Association may bid on the
Unit or Parcel at a foreclosure sale and apply as a cash credit
against its bid all sums due the Association secured by the lien
being enforced, and the Association may acquire and hold, lease,
mortgage and convey any Parcel or Unit so acquired.
Section 3. Purpose of Annual Assessments. The annual
assessments levied by the Association shall be used exclusively
for the improvement, maintenance, enhancement and operation of
the Common Area and to provide services which the Association is
authorized or required to provide including, but not limited to,
the payment of taxes and insurance thereon, construction, repair
or replacement of improvements, payment of the costs to acquire
labor, equipment, materials, management and supervision neces-
sary to carry out its authorized functions, and for the payment
of principal, interest and any other charges connected with
loans made to or assumed by the Association for the purpose of
enabling the Association to perform its authorized or required
functions. The Board may establish reserve funds to be held in
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!98-24
reserve in an interest bearing account or investments as a
reserve for (a) major rehabilitation, major repairs or deferred
maintenance to Common Area improvements that must be replaced on
a periodic basis, including, without limitation, pavement resur-
facing, (b) for emergency and other repairs required as a result
of storm, fire, natural disaster or other casualty loss, (c)
insurance premiums or taxes, and (d) such other expenses or
costs as the Board may determine.
Section 4. Special Assessments. In addition to the
annual assessments authorized by Section 2 hereof, the Associa-
tion, through the Board of Directors, may levy in any assessment
year special assessments for the purpose of eliminating any
deficit in the operating budget or for defraying, in whole or in
part, the costs of any acquisition, construction or reconstruc-
tion, unexpected repair or replacement of a described capital
improvement upon Common Area or easements including the neces-
sary fixtures and personal property related thereto.
Section 5. individual Assessments. The Association,
through the Board of Directors, may impose an individual assess-
ment upon any Owner whose use or treatment of his Unit or Parcel
is not in conformance with the standards as adopted by the
Association or which increases the maintenance cost to the
Association above that which would result from compliance by the
Owner with the use restrictions imposed by this Declaration, or
for any damage to the Common Area caused by said Owner, his
family members, guests, employees, lessees or invitees. The
amount of such assessment shall be equal to such cost incurred
and may be enforced in the manner provided for any other
assessment.
Section 6. Date of Commencement of Assessments; Due
Dates.
(a) The liability for assessments provided for herein
shall commence as to each Unit or Parcel on the date of
— conveyance of said Unit or Parcel to a person or entity other
than Declarant, and shall be due and payable on the dates that
the Board shall determine, from time to time, but not more often
than monthly. All Parcels, whether unimproved or under
construction, shall be subject to full assessments. Declarant's
liability for assessment shall be determined in accordance with
subsection (b) below.
(b) Declarant may, at its sole option and discretion,
exercisable from time to time, elect to either:
(i) pay such assessments which would otherwise be
chargeable against those Parcels or Units owned by
Declarant; or
(ii) pay, during such period of time, any amount
or expenses of the Association incurred during that period
not produced by the assessments receivable from Owners other
than Declarant.
(c) The first annual assessment shall be based upon an
estimate of the operating expenses for the year plus adequate
reserve for anticipated expenses. In the event this assessment
proves insufficient to satisfy such expenses, the Board of Direc-
tors may levy a supplementary assessment in the amount of the
deficit or for replenishment of any reserves. Notwithstanding
any other provision herein to the contrary, the supplementary
assessment shall not require the assent of the Members.
Section 7. initial Contribution.
Units or Parcels from Declarant shall be
Association an initial working capital
operating expenses of the Association equal
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All purchasers of
required to pay the
contribution for
to two (2) monthly
913-24
installments of the annual assessments for each Unit or Parcel
purchased. Said contribution shall not be deemed to be an
assessment and shall not be credited against installments of
assessments due. Neither the Declarant nor any entity affili-
ated with Declarant shall be liable for or subject to this
contribution. The Declarant shall have the right to be reim-
bursed from working capital contributions for any expenses
incurred or amounts advanced by Declarant in relation to the
operation of the Association and/or the maintenance of the
Property.
. The
i .7cy. a.ivaa u •
Board of Directors of the Association shall prepare a roster of
Owners and assessments applicable thereto which shall be kept in
the office of the Association and shall be open to inspection by
any Owner. Written notice of the assessment shall thereupon be
sent to every Owner subject thereto.
Section-R. Determination of Assessments. The Board of
Directors of the Association shall determine the total annual
assessments for the Property which shall not exceed the maximum
annual assessment set forth below. The annual assessments shall
be uniform as to all Units. The Board of Directors shall also
determine the amount of any special or individual assessments
that may be levied from time to time.
Section 10. Maximum Annual Assessments. Commencing on
the date of recordation of this Declaration in the Public
Records of Dade County, Florida, and continuing thereafter for a
period of twelve (12) months following the conveyance of the
first Unit or Parcel, the maximum annual assessment shall be
$ per Unit or Parcel. The maximum annual assessment for
each year thereafter shall not exceed one hundred twenty-five
percent (125%) of the maximum allowable annual assessment for
the previous year unless a greater amount is approved by a
majority vote of all votes cast in person or by proxy at a duly
called meeting of the Members.
Section 11. Delinquent Assessments. If the assess-
ments are not paid on the date when due, then such assessment
shall become delinquent. If the assessment is not paid within
thirty (30) days after the delinquency date, the assessment
shall bear interest from the date when due at the maximum rate
allowed by law, (or in the event there shall be no such maximum
rate, then at the rate of eighteen percent (18%) per annum).
Section 12. Subordination of the Lien to Mortgages:
Mortgagees' Rights. The lien of the Association for assessments
and other charges of the Association becomes effective from and
after recording of a claim of lien therefor in the Public
® Records. This lien of the Association shall be subordinate to a
first mortgage on any Unit or Parcel, which mortgage is recorded
® in the Public Records prior to any said claim of lien against
s the same Unit or Parcel being recorded in the Public Records. A
lien for assessments shall not be affected by any sale or
transfer of a Unit or Parcel; provided, however, that in the
event of a sale or transfer pursuant to a foreclosure of a first
mortgage or deed in lieu of foreclosure, the acquirer of title,
his successors and assigns, shall not be liable for assessments
_ pertaining to the Unit or Parcel or chargeable to the former
_ owner of the Unit or of the Parcel which became due prior to
such sale or transfer. However, any such unpaid assessments for
which such acquirer of title is not liable, may be reallocated
and assessed to all Units and Parcels (including such acquirer
of title) as an Association expense. Any such sale or transfer
pursuant to a foreclosure or deed in lieu of foreclosure shall
not relieve the purchaser or transferee of a Unit or Parcel from
liability for, nor the Unit or Parcel from the lien of, any
assessments made thereafter. Nothing herein contained shall be
construed as releasing the party liable for any delinquent
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gS-24
assessments from the payment thereof, or the enforcement of
collection by means other than foreclosure. An Institutional
Lender holding a first mortgage shall, upon request, be entitled
to written notification from the Association of any default of
an Owner of any obligation hereunder which is not cured within
sixty (60) days. An Institutional Lender holding a first
mortgage may pay taxes or other charges which are in default and
which may or have become a charge against any Unit or Parcel and
may pay overdue premiums or hazard insurance policies, or secure
new hazard insurance coverage on the lapse of a policy for such
Unit or Parcel.
Section 13. Exempt Property. The following property
subject to this Declaration shall be exempted from the assess-
ments, charges and liens created herein: (a) all properties to
the extent of any easement or other interest therein dedicated
and accepted by the local public authority and devoted to public
use; (b) all Common Areas; and (c) all properties owned by the
Declarant.
Section 14. Collection of Assessments. Each Owner by
acceptance of a deed or other instrument of conveyance conveying
a Unit or Parcel, whether or not it shall be so expressed in
such deed or instrument, shall be obligated and agrees to pay to
the Association all assessments for Operating Expenses and other
expenses in accordance with the Provisions of this Declaration
and consents and agrees to the lien rights set forth hereunder
against such Unit or Parcel. The liability for Assessments for
Operating Expenses or other expenses may not be avoided by
waiver of the use or enjoyment of Common Area or by abandonment
of the Unit for which the Assessments are made.
Section 15. Costs of Collection. The Association
shall be entitled to its costs of collection and attorneys' fees
from any Owner against whom an assessment must be enforced.
Section 16. Late Fees. The Board shall have the right
_ to assess late fees for any amounts owed by an Owner to the
Association which are not paid within fifteen (15) days after
the date when due. The amount of the late fee shall equal
fifteen percent (15%) of the amount owed, or such other amount
as the Board may determine from time to time. Late fees may be
charged or waived by the Board as it shall determine in its sole
discretion.
Section 1. Architectural Control Committee. There is
hereby established an Architectural Control Committee whose
duties, powers and responsibilities shall be as hereinafter set
forth. The ACC shall consist of three (3) persons, and shall be
appointed by the Board of Directors. Unless otherwise indi-
cated, all required approvals of the ACC must be in writing to
be valid for purposes of this Declaration.
;.. . I- - ..H-M .i*. r. MIT774% .,.
(a) The ACC shall have the right of specific approval
or veto of all architectural, engineering, planning and land-
scaping aspects of any improvement or development of Units and
Limited Private Areas; provided, further, that the ACC may, in
its sole discretion, impose standards on said architectural and
landscaping aspects and said general plan for development, which
standards are greater or more stringent than standards pre-
scribed in applicable building, zoning, planning or other local
governmental codes.
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.98-24,
(b) No unit, building, sign, outside lighting, fence,
wall, walk, dock or other structure shall be constructed,
erected, removed or maintained upon any Parcel nor shall any
hedge, planting or other landscaping be removed, planted or
maintained upon any Limited Private Area nor shall any addition
to or any change or alteration therein be made until the plans
and specifications showing the nature, kind, shape, height,
materials, floor plans, color scheme and the location of same
shall have been submitted to and approved in writing by the ACC.
(c) As part of the application process, two (2) com-
plete sets of the following shall be submitted to the ACC: (i)
plans and specifications prepared by an architect or other
person found to be qualified by the ACC, and (ii) such other
information as the ACC may reasonably request, together with a
written application on such form as may be provided or required
by the ACC. In the event the information submitted to the ACC
is, in its opinion, incomplete or insufficient in any manner, it
may request and require the submission of additional or supple-
mental information.
(d) All air conditioning, ventilating or HVAC equip-
ment to be installed on any Parcel or Unit shall be shielded
from ground level view of adjacent owners and from the Common
Road.
(e) The ACC shall have the right to refuse to approve
any plans and specifications which are not suitable or desira-
ble, in its sole discretion, for aesthetic or any other reasons.
In approving or disapproving such plans and specifications or
proposed plats, the ACC shall consider the compatibility and/or
uniformity of architectural style, suitability of the proposed
building, improvements, structure or landscaping and materials
of which the same are to be built, the site upon which it is pro-
posed to be erected, the harmony thereof with the surrounding
area and the effect thereof on adjacent or neighboring property.
(f) All improvements for which ACC approval is granted
shall be commenced and completed within the times set by the ACC
in the event that the approval is so conditioned. The ACC may
condition its approval upon the requirement that the applicant
post reasonable payment and/or performance bond or other secur-
ity to guarantee the timely completion of any improvements.
(g) In the event the ACC shall fail to approve or
disapprove the plans and specifications submitted in final and
complete form, within forty-five (45) days after written request
for approval or disapproval together with all necessary support-
ing plans, specifications or information is delivered to the ACC
by the Owner or the owner's agent or attorney, then such
approval of thca. ACC shall not be required; provided, however,
that no building or other structure shall be erected or shall be
allowed to remain which violates any of the covenants, condi-
tions or restrictions contained in this Declaration, or which
violates any zoning or building ordinance or regulation.
(h) There is specifically reserved unto the ACC, the
right of entry and inspection upon any Parcel or Unit for the
purpose of determination by the ACC whether there exists any
construction of any improvement which violates the terms of any
approval by the ACC or the terms of this Declaration or of any
other covenants, conditions and restrictions to which its deed
or other instrument of conveyance makes reference. The ACC is
specifically empowered to enforce the provisions of this Decla-
ration by any legal or equitable remedy, and in the event it
becomes necessary to resort to litigation to determine the
propriety of any constructed improvement, or to remove any
unapproved improvements, the prevailing party shall be entitled
to recovery of all court costs, expenses and reasonable
attorneys' fees in connection therewith. The Association shall
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98 -24
Aek
indemnify and hold harmless the ACC from all costs, expenses and
liabilities including attorney's fees incurred by virtue of any
member of the ACC's service as a member of the ACC.
(i) A majority of the ACC may take any action of the
committee and may designate a representative to act for it. In
the event of death, disability or resignation of any member of
the ACC, the remaining members shall designate a successor to
serve for the remainder of the term of the member being replaced.
(j) The ACC may adopt such further rules and regula-
tions as it deems necessary to carry out its functions and pur-
poses hereunder Provided all such rules and regulations shall be
filed with and made a part of this Association's minutes.
(k) The ACC may impose reasonable fees and charges to
enable it to carry out its functions.
(1) The Declarant shall not be subject to the provi-
sions of this Article IX.
•�0 to)M XN 0
Section 1. Wall Specifications. All walls, fences and
light fixtures required or permitted to be constructed or
erected pursuant to Sections 3, 4 and 5 of this Article shall be
of such dimensions, specifications, composition and style, and
in such location as the ACC shall approve, in its sole
discretion.
Section 2. Perimeter Wall. The Perimeter Wall of the
Property, including such retaining wall as may be constructed
_ along the Bay Easement Area, shall be owned and maintained by
the Association.
Section 3. Privacy Wall. The Owner of each Parcel
shall be required to construct and maintain such Privacy Walls
as may be required by the ACC so as to connect each Unit to the
Perimeter Wall and also to connect each Unit to either the
Privacy Wall or Common Wall of the adjoining Unit.
Section A. Common Wall. Each Owner shall be required
to construct and maintain one (1) Common Wall to be located upon
the common boundary line between said Owner's Parcel and the
adjacent Parcel, and extending from the front Privacy Wall to
the easement area adjacent to the Common Road as shown on the
Plat and as required by the ACC. Each said Common Wall shall
have a light fixture attached thereto, and the utility charges
incurred in connection with said light fixture shall be the
responsibility of the Owner who is also responsible for the
maintenance of that particular Common Wall.
Section 5. Bay Parcels. Each Owner of a Bay Parcel
shall be required to construct and maintain one (1) dividing
wall on the side boundary line of said Bay Parcel extending from
and connected to the front Privacy Wall to a point which is no
less than twenty (20) feet upland of the Bay Easement Area.
Each Owner may erect an open -railing type fence extending from
said dividing wall to the Bay Easement Area and along that
portion of the Bay Parcels fronting Biscayne Bay, provided said
fences do not encroach on the Bay Easement Area and do not
unreasonably obstruct the view of Biscayne Bay by other Bay
Parcel Owners.
-17-
!�8-24
AN
Each Owner shall provide for and pave one (1) guest
parking space to be located on that portion of said Owner's
Parcel fronting the Common Road within the easement area adja-
cent thereto as shown on the Plat. Said guest parking shall be
for the common use of all guests and invitees of Owners or their
lessees. No Owner or lessee thereof shall park in any guest
parking space. The exact location, size, and pavement
specifications of said guest parking space shall be subject to
the prior approval of the ACC. The Parcel referred to in the
Plat as Lot 12 of Block 2 shall be exempt from this guest
parking requirement.
Section 1. Prohibitions and Requirements. The follow-
ing prohibitions and requirements shall apply:
(a) No lines or wires for communication or transmis-
sion of electricity shall be constructed, placed or permitted to
be placed upon any Parcel or Unit, unless, as to any part or
parts of said lines or wires which shall be outside any struc-
ture, the same shall be constructed or placed or maintained
underground.
(b) No noxious or offensive activity shall be carried
on upon any Parcel or Unit or other property described in this
Article, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to other Members of the Associa-
tion.
(c) No animals, birds or fowl of any kind, nature and
species, shall be kept or maintained within any Unit or Parcel
except pet birds confined in cages and dogs and cats; all pets
shall be kept in a reasonable number and only as pets for the
pleasure and use of the occupants of the Units. All dogs shall
be walked with leashes, and no pets of any kind shall be per-
mitted within any recreational facilities, Tract C as shown on
the Plat, the Bay Easement Area or Dock Area.
(d) No signs of any character shall be placed or
displayed upon any part or portion of the Property, or upon any
structure or Unit built thereon, including but not limited to
"FOR SALE" or "FOR RENT" signs, except as otherwise provided in
this Declaration.
(e) No manufacturing, trade, business, commerce,
industry, profession or other occupation whatsoever shall be
conducted upon any lot or any part of the Units or Parcels, or
in any building or other structure on such Parcels.
(f) Trash shall not be permitted to accumulate or to
be a fire hazard. In the event that any Owner shall fail or
refuse to keep his property free of weeds, underbrush or refuse
or other unsightly growths or objects, the ACC or the Associa-
tion, as hereinafter provided, may enter upon said property and
remove same. The expense of doing so shall be charged to the
Owner of the property in question and shall become a lien upon
said property collectible and enforceable in the same manner or
other assessments, charges or liens are collectible and enforce-
able.
(g) All garage doors shall be closed except as
required to be open for purposes of ingress and egress.
-18-
9 7►3-24
'1 A
(h) No laundry shall be hung for drying in such a way
as to be readily visible from the street or abutting Parcels.
(i) Garbage receptacles or containers shall be placed
near the roadway no earlier than 6:00 a.m. of the day scheduled
for garbage pick-up and removed from view no later than
6:00 p.m. on the day scheduled for garbage pick-up. Except as
provided above, every garbage receptacle or container shall be
shielded from view by a wall or some other type of enclosure.
All garbage and rubbish shall be placed in the garbage recepta-
cle or container and the Owner shall at all times keep and
maintain his property in a clean and sanitary condition.
(j) No exterior radio, television or electronic
antenna, aerial or satellite dish may be erected or maintained
on any Unit or Parcel; provided, however, that the ACC may grant
temporary permission to erect and maintain television antennas
to the owners of any Units which cannot be served by existing
cable television facilities because of the present unavailabil-
ity of such facilities and which do not have sufficient space to
install an indoor antenna. Such temporary outdoor antenna must
be removed at such time as cable television facilities are
available to serve such Units.
(k) No automobiles or other vehicles may be parked or
stored upon any non -paved area nor upon the Common Road. No
truck, commercial vehicle, trailer, camper, boat or boat trailer
may be parked or stored overnight upon any Parcel unless within
an enclosed garage, except with the prior written approval of
the ACC.
(1) No hurricane or storm shutters shall be installed
except of a type approved by the ACC. No awnings or screen
enclosures, other than pool enclosures, shall be erected in such
a way or in such locations as to be readily visible f rom the
street or other right of way.
(m) No docks, seawalls, boat landings, mooring posts,
boathouses or ladders may be constructed by any Unit Owner.
(n) Except for those portions of the Limited Private
Areas which are maintained by the Association, the Owners of all
Units shall at all times maintain the Parcels, including the
planting and landscaping thereof in a neat, green and trim con-
dition. No weeds, underbrush or other unsightly growths shall
be permitted to grow or remain on any Parcel, and no refuse pile
or other unsightly object shall be placed or allowed to remain
thereon. The property, the Units and other improvements and
appurtenances shall be kept in a clean, neat and attractive con-
dition and all buildings and structures shall be maintained in a
finished, neat and attractive condition. All driveways and
other paved or pebbled areas shall be kept in a neat and orderly
condition. All landscaping within the Bay Parcel Area shall be
planted and maintained so as not to obstruct the view of
Biscayne Bay by other Bay Parcel Owners.
(o) The exterior walls of all Units and all other
exterior walls shall be painted by the Owner thereof at least
every five (5) years (or such other period of time as the Board
may determine) from the date of the previous painting of said
Unit or wall. The color to be applied to the Unit and/or wall
shall first be approved by the ACC.
Section 2. Rights and Remedies. In the event the
Owner of any Unit or Parcel fails to maintain his Parcel or Unit
in accordance with the requirements of Section 1, above, the
Declarant and/or the ACC and their successors and assigns may:
M enter upon the Parcel and/or Unit for the
purpose of performing the maintenance necessary to comply
-19-
�8-24
IN
U
with the provisions hereof, which entry shall not be deemed
as a trespass; and
(ii) contract with third persons to perform the
maintenance necessary to bring the Parcel and/or Unit in
compliance with the above provisions, which said third
persons may do without committing trespass.
Prior to the exercise of either remedy (i) or
remedy (ii) above, the Declarant or the ACC, their successors or
assigns, as the case may be, shall mail written notice to the
Owner of the Unit or Parcel, at either the address of the Unit
or the last known address of the Owner, advising the Owner of
the defects, and shall not proceed with either of said remedies
unless the Owner has failed to correct such defect within a
period of thirty (30) days of mailing of such notice. All costs
of curing of such defects, whether by the ACC, the Declarant or
third persons, shall be paid by the Owner and shall become a
lien against the parcel upon the filing of a Notice of Lien
among the Pubic Records of Dade County, Florida. Such lien may
be enforced by foreclosure in the same manner as a mortgage.
The cost of curing of such defects shall bear interest at the
rate of eighteen percent (18%) per annum from the date such
costs were incurred, sustained or expended by the Declarant or
ACC, until paid. In addition, the Owner of the Parcel shall be
obligated to pay reasonable attorneys fees and all costs of
collection in the event the sums due by the Owner hereunder are
collected through the services of any attorney. The lien
above -described shall secure this obligation to pay interest,
attorneys' fees and costs.
Section 3. House Trailers and Temporary Buildings.
Trailers, tents, shacks, barns or any temporary building of any
design whatsoever, are expressly prohibited within the Property
and no temporary residence shall be permitted in an unfinished
Unit. This shall not prevent the installation of trailers or
construction of temporary buildings by the Declarant for
purposes of storage of materials and supplies to be used in the
construction, a temporary construction field office or sales
office. Such construction shall comply with all applicable laws
and the plans and specifications and location(s) of which shall
first be approved in writing by the Declarant. The prohibitions
of this Section 7 shall not apply to the Declarant, or Declar-
ant's successors or assigns.
Section A. Signs. Only such signs as may be approved
by the ACC shall be permitted in or on the Units or Parcels.
Each Owner of a Unit shall have posted on or about his Unit a
sign indicating the address of said Unit, which sign, including
the location, dimensions and style thereof, shall be subject to
the prior approval of the ACC.
Section 5. Enforcement. Enforcement of this Article
shall be by proceedings in law or equity by the Declarant or
Builder or by the Association, as applicable, or by twenty-five
percent (25%) of the Owners against any person or persons violat-
ing or attempting to violate any covenant, which enforcement
shall be either to restrain violation or recover damages.
Failure to enforce any of the provision of this Arti-
cle XII shall in no event be deemed a waiver of the right to do
so thereafter, as to the same breach or as to a breach occurring
prior or subsequent thereto.
Section 6. Declarant. The provisions of this Arti-
cle XII shall not apply to Declarant.
-20-
913-24:
Notwithstanding any other provisions in this Declara-
tion to the contrary, and so long as the Declarant is the owner
of any Parcel, the Declarant specifically reserves for itself
the absolute and unconditional right to alter, modify, change,
revoke, rescind or cancel any or all of the covenants, condi-
tions and restrictions contained in this Declaration. Any such
action by the Declarant shall be duly recorded in the Public
Records of Dade County, Florida.
Each Owner shall be required to obtain and maintain in
force and effect a policy of fire and other casualty insurance
in an amount acceptable to the Association and with coverage
adequate to cover the full replacement cost of any repair or
reconstruction work on the Owner's Parcel. The Association
shall be named as additional insured and shall be given at least
thirty (30) days' prior written notice of cancellation. Such
insurance shall cover both the Unit and the Limited Private
Areas within the Owner's Parcel. Each Owner shall deliver a
certificate of insurance to the Association as evidence of such
insurance.
In the event of damage or destruction by fire or other
casualty to the Owner's Unit or to property within the Limited
Private Area of the Owner's Parcel, the Owner shall, upon
receipt of the insurance proceeds, repair or rebuild such damage
or destroyed portions of the Property in a good workmanlike
manner substantially the same as the original plans and specifi-
cations of said Parcel. If the Owner refuses or fails to
commence repairs or to commence the rebuilding of the Property
within sixty (60) days, the Association may repair or rebuild
such Property. The Owner must reimburse the Association for the
amount actually expended for such repairs or reconstruction, and
the Association shall have a lien securing such payment in the
same manner provided herein for annual assessments. All such
repairs or reconstruction must proceed in a diligent manner and
_ be completed within ten (10) months from commencement of work.
The Association shall give prompt written notice of any such
damage or destruction with respect to the Common Area to each
Institutional Lender, and with respect to each Unit, to the
Institutional Lender holding the mortgage thereon.
The Association shall give to each Member of the
Association and to each Institutional Lender prompt written
_ notice of any eminent domain or condemnation proceeding, which
may be commenced against the Property. If eminent domain or
condemnation proceedings are succ6ssfully litigated against all
or any part of the Common Area, the entire eminent domain or
condemnation award shall be held by the Association for the
benefit of the Unit Owners.
T
Section 1. Comcliance by Owners. Every Owner shall
comply with the restrictions and covenants set forth herein and
any and all rules and regulations adopted by the Board of Direc-
tors of the Association.
-21-
9S-24!
Section 2. Enforcement. Failure of the Owner to com-
ply with such restrictions, covenants, or rules and regulations
shall be grounds for action which may include, without limita-
tion, an action to recover sums due for damages, injunctive
relief, or any combination thereof, including costs and attor-
neys' fees incurred in bringing such actions, and if necessary,
costs and attorneys' fees for appellate review. The Association
shall have the right to suspend voting rights and use of Common
Areas, the maintenance for which is the responsibility of the
Association.
Section 3. Fines. In addition to all other remedies,
in the sole discretion of the Board of Directors of the
Association, a fine or fines may be imposed upon an Owner for
failure of an Owner, his family, guests, invitees, tenants, or
employees to comply with any covenant, restriction, rule, or
regulation, contained herein or promulgated pursuant to this
Declaration provided the following procedures are adhered to:
(a) Notice. The Association shall notify the Owner of
the infraction or infractions. Included in the notice shall be
the date and time of the next Board of Directors meeting at
which time the Owner shall present reasons why penalty(ies)
should not be imposed.
(b) Hearing. The noncompliance shall be presented to
the Board of Directors after which the Board of Directors shall
hear reasons why penalties should not be imposed. A written
decision of the Board of Directors shall be submitted to the
Owner by not later than twenty-one (21) days after the Board of
Director's meeting.
(c) Penalties. The Board of Directors may impose
special assessments against the property owned by the Owner as
follows:
(i) First noncompliance or violation: a fine not
in excess of One Hundred Dollars ($100.00).
(ii) Second noncompliance or violation: a fine
not in excess of Five Hundred Dollars ($500.00).
(iii) Third and subsequent noncompliance, or
violation or violations that are of a continuing nature: a
fine not in excess of One Thousand Dollars ($1,000.00).
(d) payment of Penalties. Fines shall be paid not
later than thirty (30) days after notice of the imposition or
assessment of the penalties.
(e) collection of Fines. Fines shall be treated as an
assessment otherwise due to the Association.
(f) Application of Penalties. All monies received
from fines shall be allocated as directed by the Board of
Directors.
(g) Nonexclusive Remedy. These fines shall not be
construed to be exclusive, and shall exist in addition to all
other rights and remedies to which the Association may be
otherwise legally entitled; however, any penalty paid by the
offending Owner shall be deducted from or offset against any
damages that the Association may otherwise be entitled to
recover by law from such Owner.
The Declarant and/or the Association shall have the
right to enter into contracts for the exclusive provision of
-22-
98-24.
cable television (CATV) service and/or security system services
upon such terms as the Declarant and/or the Association shall
deem, in its sole discretion, to be in the best interests of the
Association and all Owners within the Property. The agreement
shall provide that basic CATV services and security services
shall be mandatory for all Unit Owners within the Property.
TERMINATION
Section 1. Duration. The covenants, conditions and
restrictions of this Declaration shall run with and bind the
Property, and shall inure to the benefit of and be enforceable
by the Association, the Declarant and any Owner, their respec-
tive legal representatives, heirs, successors, and assigns, for
a period of thirty (30) years from the date this Declaration is
recorded. Upon the expiration of said thirty (30) year period
this Declaration shall be automatically renewed and extended for
successive ten (10) year periods. The number of ten (10) year
renewal periods hereunder shall be unlimited with this Declara-
tion being automatically renewed and extended upon the expira-
tion of each ten (10) year renewal period for an additional ten
(10) year period; provided, however, that there shall be no
renewal or extension of this Declaration if during the last year
of the initial thirty (30) year period, or during the last year
of any subsequent ten (10) year renewal period three -fourths
(3/4) of the votes cast at a duly held meeting of Members of the
Association vote in favor of terminating this Declaration at the
end of its then current term. It shall be required that written
notice of any meeting at which such proposal to terminate this
Declaration is to be considered, setting forth the fact that
such a proposal will be considered, shall be given at least
forty-five (45) days in advance of said meeting. In the event
that the Association votes to terminate this Declaration, the
President and Secretary of the Association shall execute a
certificate which shall set forth the resolution of termination
adopted by the Association, the date of the meeting of the Asso-
ciation at which such resolution was adopted, the date that
notice of such meeting was given, the total number of votes of
Members of the Association, the total number of votes required
to constitute a quorum at a meeting of the Association, the
number of votes necessary to adopt a resolution terminating this
Declaration, the total number of votes cast in favor of such
resolution, and the total number of votes cast against such
resolution. Said certificate shall be recorded in the Public
Records of Dade County, Florida, and may be relied upon for the
correctness of the facts contained therein as they relate to the
termination of this Declaration.
Section 2. Termination of Declaration. Should the
Members of the Association vote not to renew and extend this
Declaration as provided for herein, all Common Area owned by the
Association at such time shall be transferred to a Trustee
appointed by the Circuit Court of Dade County, Florida, which
Trustee shall sell the Common Area free and clear of the limita-
tions imposed hereby upon terms established by the Circuit Court
of Dade County, Florida. The Proceeds of such a sale shall
first be used for the payment of any debts or obligations consti-
tuting a lien on the Common Area, then for the payment of any
obligations incurred by the Trustee in the operation, mainte-
nance, repair and upkeep of the Common Area. The excess of
proceeds, if any, from Common Area shall be distributed pro rata
among Owners.
Section 1. Amendments by Members. This Declaration
may be amended at any time either by affirmative vote of
-23-
98-24
two-thirds (2/3) of all Members or by three -fourths (3/4) of the
votes cast by those Members present at a duly called and held
meeting of the Association (provided that said three -fourths
(3/4) of votes cast represent at least a majority of all Unit
Owners), except that any amendment which shall in any affect,
diminish or change any of Deciarant's rights as set forth
herein, shall also require the written approval and joinder of
Declarant. Notice shall be given at least forty-five (45) days
prior to the date of the meeting at which such proposed amend-
ment is to be considered. If any proposed amendment to this
Declaration is approved by the Members as set forth above, the
President and Secretary of the Association shall execute an
Amendment to this Declaration which shall set forth the amend-
ment, together with a certification by such officers that the
amendment was duly adopted at a properly called meeting of the
Members in accordance with the provisions of this Declaration.
Such amendment shall be effective upon the date recorded in the
Public Records of Dade County, Florida unless a later effective
date is provided for therein.
Section 2. Enforcement. Enforcement of these cove-
nants, conditions and restrictions shall be by any proceeding at
law or in equity and may be instituted by the Declarant, its suc-
cessors or assigns, the Association, its successors or assigns,
or any Owner against any person or persons violating or attempt-
ing to violate or circumvent any covenant, condition or restric-
tion, herein contained for any period of time shall in no event
be deemed a waiver or estoppel of the right to enforce same
thereafter.
Section 3. Severability. Should any covenant, condi-
tion or restriction herein contained, or any Article, Section,
subsection, sentence, clause, phrase or term of this Declaration
be declared to be void, invalid, illegal, or unenforceable, for
any reason, by the adjudication of any court or other tribunal
having jurisdiction over the parties hereto and the subject
matter hereof, such judgment shall in no way affect the other
provisions hereof which are hereby declared to be severable and
which shall remain in full force and effect.
Section A. Authorized Action. All actions which the
Association is allowed to take under this instrument shall be
authorized actions of the Association as approved by the Board
of Directors of the Association in the manner provided for in
the By -Laws of the Association, unless the terms of this instru-
ment provide otherwise.
Section._k Execution of Documents. The development of
the Property may �7o4uire from time to time the execution of cer-
tain documents required by governmental entities or agencies.
To the extent that said documents require the joinder of Owners,
the Declarant by its duly authorized officers may, as the agent
or the attorney -in -fact for the Owners, execute, acknowledge and
deliver such documents and the Owners, by virtue of their accep-
tance of deeds, irrevocably nominate, constitute and appoint the
Declarant, through its duly authorized officers, as their proper
and legal attorneys -in -fact for such purpose. Said appointment
is coupled with an interest and is therefore irrevocable. Any
such documents executed pursuant to this Section shall recite
that it is made pursuant to this Section.
Section 6. prohibited Actions. Notwithstanding any-
thing contained herein to the contrary, the Association will
perform no act nor undertake any activity which will violate its
non-profit or tax exempt status under applicable state or fed-
eral law.
Section I. Singular. Plural and Gender. Whenever the
context so permits, the use of the singular shall include the
plural and the plural shall include the singular, and the use of
any gender shall be deemed to include all genders.
-24-
919--24
AtN
Section A. Construction. The provisions of this Decla-
ration shall be liberally construed to effectuate its purpose of
creating a uniform plan for the operation of the Property.
IN WITNESS WHEREOF, the Declarant has executed this
Declaration the day and Year first above written.
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA )
SS.:
COUNTY OF )
LAZARUS REALTY, INC., a Florida
corporation
By:
Attest:
BEFORE ME, the undersigned authority, personally
appeared and ,
President and Secretary, respectively, of LAZARUS REALTY, INC.,
a Florida corporation, to me well known, and they acknowledged
before me that they executed the foregoing instrument as such
officers of said corporation, and I FURTHER CERTIFY that I know
the persons making said acknowledgment to be the individuals
described in and who executed the said instrument in the
capacities stated above.
WITNESS my hand and official seal this day of
, 1987.
My Commission Expires:
178-115+/18
NOTARY PUBLIC, State of Florida
at Large
-Z5-
9l3--24'
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RMBIT `A•
LBUL OBSCRIPTION
Begin at the Northwesterly corner of Tract B, Block 2, ROCKERMAN
HEIGHTS according to the plat thereof as recorded in Plat Book
53, Page 27 of the Public Records of Dade County, Florida, thence
S. 34000100" E. along the Westerly line of said Tract B for
759.35 Ft.; thence N. 56*00100" E for 2.00 Ft.; thence S.
34000100" E along the Easterly line of said plat of ROCKERMAN
HEIGHTS, being also the Southerly projection of the Westerly
line of Lot 204, JOHN T. PEACOCK ESTATE, according to the plat
thereof as recorded in Plat Book 2, Page 12 of the Public Records
of Dade County, Florida, for 223 Ft. more or less to the Mean
High Water Line of Biscayne Bay; thence Easterly, along said
Mean High Water Line for 227 Ft. more or less, to the Southerly
projection of the Westerly line of L'HERMITAGE, according to
the plat thereof as recorded in Plat Book 111, Page 22 of the
Public Records of Dade County, Florida; thence N. 33*58112"
W., along the Westerly line of said plat of L'HERMITAGE, being
also the Easterly line of Lot il, Block A and it's Southerly
projection, BISCAYNE PARK SUBDIVISION, as recorded in Plat Book
2, Page 36 of the Public Records of Dade County, Florida for
962 feet more or less to the Southerly Right of Way line of
South Bayshore Drive; thence S 55*59138" W, along the Southerly
Right of Way line of South Bayshore Drive for 125.00 Ft. to
a Point of Curvature of a circular curve to the left; thence
Westerly along the arc of said curve having a radius of 1875.67
Ft. and a central angle of 03*07104" for an arc distance of
102.07 Ft. to the Point of Beginning.
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BAYSIAORE V
BEING A REPLAT OF A PORTION OF LOT 20, JOHN
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THE ADJACENT CANAL PARCEL PER B I SCAYNE PARK
SUBD I V I S I ON, P. B. 2 PG. 36; AND A PORT I ON Of
BLOCK 2, ROCKERMAN HE I GHTS, P. B. 53 PG. 27.
LYING IN SECTIONS 15 AND 22, TWP. 54 S. RGI
CITY OF MIAMI, DADE COUNTY FLORIDA
[LIE DUI ° IM) IMUNC0M[ESS
ENGINEERS - LAND SURVEYORS - LAND PLANNER
18800 NORTHWEST SECOND AVENUE SUITE 204 MIAMI,
ORDER NO. 87- 02 SCALE: i' = 40' OCTOBER,
40'
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CITY COMMISSION
MEETING OF
JAN 34 p19e9
RESOLUTION No. 9B�ns
12" W
60'
( 5,990 S.F.)
S
a T 20, JOHN T. PEACOCK
N.OF LOT ii BLOCK A AND
iSCAYNE PARK TERRACE
D14'-PORTION OF TRACT B,
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IWP. 54 S. RGE. 41 E
LINTY FLORIDA
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ITE 204 MIAMI, FLORIDA 33169
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CITY COMMISSION
MEETING OF
JAN 14 p1988
RESOLUTION No. 98-25
REMARKS:
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b r05.59' r I W W
at i0 0 b, U U/ .- 50T�06'01"E j I •1 ~ r
N 0 Q'p� `v w
wp
411,
a, I Nw i 3 v N � W j=
/�, 15S.F. To f.T.L. 1 Mtn
ap` a `40Dte.F. l.1 E4/.1'T. Alt") w I + a =
25.a1 r E► aD /n�,/�. 5'UT1llly d PRIV. DRAIMA49 EdM7•� v `I_ �' F,Z Z
%O q. b �� G°I NU , j— I2 vJ I %6:l4' ^ 4.5Z = 1 N W W W
136.7 � >"s Wwi
•F 34. 00 00•' E
N r d
5 Q] W
5' UTILITY t PRIVATE DRAWAGE ESM'T)� � }1 W �
W
W
1' o
E n$ Q�
".08' r A.�� a V / t 4 w p. m a 4
G0' _ _ ems. d �. tw 11 v
�� v u /S.S11 B.F. TO f,T•L•
iP / `G00! f.E IA ega4.T. AREA
CITY COMMISSION
MEETING OF
JAN 14 im
Section 3. The
I O
I in nti h
N I � a o f t� P;b �1ryti
PR.M.
N
PCA \�
I -
I -P0.e.
OV.WLY CO
ROCKERMAN
i
I
KNOW ALL MEN BY THESE PRESENTS
THAT LAZARUS REALTY INC., A FLORIDA CORPORATION HAS CAUSEf
THE ATTACHED PLAT OF 'BAYSHORE VILLAS', THE SAME BEING A
OF THE FOLLOWING DESCRIBED PROPERTY
LEGAL DESCRIPTION
THAT PART OF LOT 20 OF JOHN T. PEACOCK ESTATE LYING SOUTHEA
BAYSHORE DRIVE, ACCORDING TO THE PLAT THEREOF, RECORDED IN
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND ALL THAT
BLOCK A OF BISCAYNE PARK TERRACE SUBDIVISION, ACCORDING TO
RECORDED IN PLAT BOOK 2, PAGE 36, LYING SOUTH AND EAST OF C
AND EXTENDING FROM SAID COCONUT GROVE DRIVE SOUTH 34°EAST A
TO BISCAYNE BAY, ALSO THAT PARCEL OF LAND FORMERLY USED AS
IMMEDIATELY SOUTH AND WEST OF THE PARK LOT WHICH IS SOUTHEA
LOT !! IN BLOCK A, SAID PARCEL OR TRACT OF LAND FACING ON T
SIDE OF COCONUT GROVE DRIVE 25 FEET, MORE OR LESS, IN WIDTH
COCONUT GROVE DRIVE TO BISCAYNE BAY, ACCORDING TO THE PLAT'
IN PLAT BOOK 2, PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNT'
AND
THE NORTHERLY 759.40 FEET OF TRACT B, BLOCK 2, ROCKERMAN HE
THE PLAT THEREOF RECORDED IN PLAT BOOK 53, PAGE 27 OF THE P
DADE COUNTY, FLORIDA (SAID TRACT 8 BEING A STRIP OF LAND TW
RUNNING PARALLEL WITH AND ADJACENT TO THE NORTHERLY RIGHT C
ROCKERMAN ROAD AS THE SAME APPEARS ON THE AFOREMENTIONED F
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
r
City Manager
and City Clerk are hereby
authorized and directed to execute the plat and cause the same to
be recorded in the Public Records of Bade County, Florida.
CITY COMMISSION
MEETING OF
JAN I4 1988
DN No. •98 A
Sty
t
PC.A,
n
N
PR•M•
.Z
W
p
- +-10 UT/j.. ESM T Q
Q
v..
h
OCS
o
e—
13�
a0P
C Q+
t!
��n,027 SF,)
( co, 000 S F 1
1
'16
Q �
7 r Z
` P.O.B. —
N. WLY COR . TRACT "0'; 0LK. 2
ROCKERMAN ►dElaN1r6 `R a. 59 pa. vj )
.3
5 34• vo'
ROCKERMAN
0 4
(G,000 SF)
0
Q
-------`_--.....-----------_..---------------------------_.._---
ROCKERMAN HEIGHTS (P.8.
I
THESE PRESENTS
YSHOREOVILLAS�RPiHETI ON SAMEHAS ASD TO BE BE1NGUAERESUBDIV�ADE
SION
PED PROPERTY
OHN T. PEACOCK ESTATE LYING SOUTHEASTERLY OF SOUTH
G TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 12
'DADE COUNTY, FLORIDA, AND ALL THAT PART OF LOT !! OF
- TERRACE SUBDIVISION, ACCORDING TO THE PLAT THEREOF
>PAGE 36, LYING SOUTH AND EAST OF COCONUT GROVE DRIVE
COCONUT GROVE DRIVE SOUTH 340EAST AS SHOWN BY SAID PLAT
AT PARCEL OF LAND FORMERLY USED AS A CANAL, LYING
>ST OF THE PARK LOT WHICH IS SOUTHEAST OF AND FACING
PARCEL OR TRACT OF LAND FACING ON THE SOUTHEASTERLY
:IVE 25 FEET, MORE OR LESS, IN WIDTH AND EXTENDING FROM
ISCAYNE BAY, ACCORDING TO THE PLAT THEREOF, RECORDED
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA
AND
_-T OF TRACT B, BLOCK 2, ROCKERMAN HEIGHTS, ACCORDING TO
D IN PLAT BOOK 53, PAGE 27 OF THE PUBLIC RECORDS OF
.ID TRACT B BEING A STRIP OF LAND TWO FEET IN WIDTH
'J ADJACENARTTHE
NORTHERLY
RPLATJY LINE OF
A APRE.SONTHE AFOREMENTIONED
-DESCRIBED AS FOLLOWS
(0
6
DADE COUNTY PLAT RESTRICTIONS: THAT SOUTH
AND ROCKERMAN ROAD, AS SHOWN ON THE ATTACHED PLAT, TOGS
ALL EXISTING AND FUTURE PLANTING, TREES, SHRUBBERY AND FIRE H
THEREON, ARE HEREBY DEDICATED TO THE PERPETUAL USE OF THE PUB
PROPER PURPOSES, RESERVING TO THE DEDICATOR, THEIR SUCCESORS
THE REVERSION OR REVERSIONS THEREOF, WHENEVER DISCONTINUED BY
THAT INDIVIDUAL WELLS SHALL NOT BE PERMITTED WITHIN THIS SUBD
EXCEPT FOR SWIMMING POOLS, SPRINKLER SYSTEMS, AND/OR AIR COND
AND DRAINAGE PURPOSES.
THAT THE USE OF SEPTIC TANKS WILL NOT BE PERMITTED WITHIN THI
UNLESS APPROVED FOR TEMPORARY USE, IN ACCORDANCE WITH COUNTY
REGULATIONS.
THAT ALL NEW ELECTRIC AND COMMUNICATION LINES, EXCEPT TRANSMI
WITHIN THIS SUBDIVISION, SHALL BE INSTALLED UNDERGROUND.
AREAS ADJACENT TO BAY SHALL GRADED TO PREVENT 0°
DISCHARGE OF STORM WATER NUNOFF
M.
Section 3. The City manager
authorized and directed to execute the plat and cause the same to
be recorded in the Public Records of Dade County, Florida.
CITY COMMISSION
MEETING OF
JAN 14 1988
LRESOLUTION No. IP"tivS:
(10,000 S.F) 0 5 a 6 0 7 0 8
(6,000 S-F-) [G,000 S.F.) ('s 500
55 r.,O* I GO' SS'
5? -iol '
0
_ 9
(G, 000 S. F )
N
N
min ROAD N
- - - - - _.. - - - - - - - - - - ..- - - - - - - - - - - -
ROCKERMAN HEIGHTS (P.B. 53-27)
AESTA ! CT I DNS: THAT SOUTH BAYSHORE DRIVE
;AS SHOWN ON THE ATTACHED PLAT, TOGETHER WITH
NTING, TREES, SHRUBBERY AND FIRE HYDRANTS
ATED TO THE PERPETUAL USE OF THE PUBLIC FOR
G O THE DEDICATOR, THEIR SUCCESORS OR ASSIGNS,
S THEREOF, WHENEVER DISCONTINUED BY LAW.
ALL NOT BE PERMITTED WITHIN THIS SUBDIVISION
S.'SPRINKLER SYSTEMS, AND/OR AIR CONDITIONERS,
ANKS WILL NOT BE PERMITTED WITHIN THIS SUBDIVISION,
ORARY USE, IN ACCORDANCE WITH COUNTY OR STATE
D COMMUNICATION LINES, EXCEPT TRANSMISSION LINES,
SHALL BE INSTALLED UNDERGROUND.
:AY SHALL GRADED TO PREVENT OVERLAND
WATER RUNOFF
MORTGAGE:
to uns - EsM r.
to
t0
(G,987 S.F.)
N
KNOW ALL MEN BY THESE PRESENTS:
THAT FLORIDA NATIONAL BANK , A NATIONAL BANKING ASSOCIATI_
THE OWNER AND HOLDER OF THOSE CERTA I N MORGAGES DATED N2L 2.4,1f$1
0. R. BOOK 134"' AT PAGES 1 'B' , OF THE PUBLIC RECORDS OF DADE COUN
DOES HEREWVONSENT TO THI PLAT AND JOINS IN THE ALOVE DEDICATI
IN WITNESS WHEREOF:FLORIDA NATIONAL BANK HAS CAUSED THES
PRESENTS TO BE SIGNED FOR AND ON ITS BEHALF BY ITS VICIF PRESIC
ITS CORPORATE SEAL TO BE H REUNTO AFFIXED AND ATTESTED BY ITS A
VICE PRESIDENT THIS Z_"AY A.O. 1987.
FLORIDA NATIONAL BANK
BY: �3.�_�__-Q_-- - -VICE PRES. ATTEST:4EIiS
STEVE SAN NE AWHC
A
Section 3.
authorized and directed to execute the plat and cause the same to
be recorded in the Public Records of Dade County, Florida.
CITY COMMISSION
MEETING OF
JAN 14 1988
No. 9S-25
T
-
+., ��
h
1
S 3a•oo ooa �� � m
e)
m y i
15
Zy !
'Pr ea_ !�
IVa),B93
>/
,F TO S.T. L . u•
A;.
(f.GOO* C. F. lAf E9w('T-AREA ) I
�!
,n,Q, 5 S000'000e 22s't P.R.M.
K M ! b,
N 42.
F ROCKERMAN HEIGHTS
P.e.P.
� I
(PB.53-27) i
z
NATIONAL BANKING ASSOCIATION
NORGAGES DATED NSZLL4a11$7 RECORDED IN
PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
JOINS IN THE ALOVE DEDICATION.
IONAL BANK HAS CAUSED THESE
BEHALF BY ITS VI CI PRESIDENT,
I XED AND ATTESTED BY ITS ASSISTANT
-�. ;c•:•r�� A.D. 1987.
CITY OF MIAMI APPROVALS:
0
THIS PLAT WAS APPROVED AND THE FOREGOING DEDICATIONS WERE ACCEPTED AND
APPROVED BY RESOLUTION NO.------------- !-PASSED AND ADOPTED BY THE
CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, THIS --------- DAY OF
----------------, A. D. AM
SIGNED: ---------------------------
CITY MANAGER
ATTEST: --------------------------
CITY CLERK
DA NATIONAL BANK THIS IS TO CERTIFY THAT THIS PLAT APPEARS TO CONFORM TO ALL THE REOU 1 REMEN'
OF CHAPTER 54 OF THE CITY OF MIAMI CODE AND CHAPTER 28 OF THE CODE OF
_ T % iCE PRIES. METROPOLITAN DADE COUNTY. CERTIFIED TH I S-Ig--DAY OF AM-^-2�'€A. A. D. 1
ATTEST: 'ESS AWHORN R.
r- t
,f
authorized and directed to execute the plat and cause the same to
be recorded in the Public Records of Dade County, Florida.
CITY COMMISSION
MEETING OF
JAN 14 1988
No.
u
ACCORDING TO THE PLAT THEREOF.-ASTHEREOF.-AS RECORDED IN PLAY BOOK 53. PA6L v w-
PUBL i C RECORDS OF DADE COUNTY FLORIDA. THENCE S. 34* 00' 00' E. ALONG i
NESTERLY L i NE OF SA I D TRACT 8 FOR 759. 35 FT. ; THENCE N. 59 00' 00' E.
2. 00 FT. ; THENCE S. 3,( 00' 00' E. ALONG THE EASTERLY L i NE OF SA I D PLAT L
ROCKERMAN HEIGHTS, BEING ALSO THE SOUTHERLY PROJECTION OF THE WESTERL`
LINE OF LOT 20, JOHN T. PEACOCK ESTATE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 2, PAGE 112 OF THE PUBLIC RECORDS OF DADE COUNTY.
FLORIDA, FOR 223 FT. MORE OR LESS TO THE MEAN HIGH WATER LINE OF BISC,
BAY; THENCE EASTERLY, ALONG SAID MEAN HIGH WATER LINE FOR 227 FT. NOR:
LESS, TO THE SOUTHERLY PROJECTION OF THE WESTERLY LINE OF L'HERMITAGE-
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK iii, PAGE 22 0
PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE N. 33058' i 2' W, ALONG
WESTERLY LINE OF SAID PLAT OF L'HERMITAGE, BEING ALSO OF THE EASTERLY
OF LOT fi, BLOCK A AND IT'S SOUTHERLY PROJECTION, BISCAYNE PARK SUBOI
AS RECORDED I PLAT BOOK 2, PAGE 36 OF THE PUBLIC RECORDS OF DADE COU
FLORIDA FOR 962 FEET MORE OR LESS TO THE SOUTHERLY RIGHT OF NAY LINE
SOUTH BAYSHORE DR I VE; THENCE S. 5T 59' 38' W . ALONG THE SOUTHERLY A I GHT
LINE OF SOUTH BAYSHORE DRIVE FOR 125.00 FT. TO A POINT OF CURVATURE 0
CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SA10 CUR
A RAOIUS OF 075.67 FT. AND A CENTRAL ANGLE OF 01 07' 04' FOR AN ARC D
OF 102.07 FT. TO THE POINT OF BEGINNING.
OWNERS PLAT RESTRICTIONS
THE UTILITY EASEMENTS AS SHOWN ON THE ATTACHED PLAT BY DASHED LINES a
HEREBY RESERVED FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILII
THE DRAINAGE EASEMENTS AS SHOWN ON THE ATTACHED PLAT BY DASHED LINES
HEREBY RESERVED FOR THE INSTALLATION AND MAINTENANCE OF PRIVATE ORAIP
FACILITIES.
TRACT 'Al IS HEREBY RESERVED FOR RECREATIONAL PURPOSES AND WILL BE-W.-
AND MAINTAINED BY AN APPROVED HOMEOWNERS ASSOCIATION.
TRACT ' Be I S TO BE A PR I VATE ROAD, DED I CATED AS AN I NGRESS AND EGRES=
EASEMENT AND A PUBLIC UTILITY EASEMENT AND PRIVATE DRAINAGE EASEMENT.
TRACT WILL BE OWNED AND MAINTAINED IN PERPETUITY BY AN APPROVED HOME
ASSOCIATION AND WILL NOT BE DEDICATED TO THE PUBLIC. ]
TRACT 'C' IS TO BE RESERVED AS A PEDESTRIAN INGRESS AND EGRESS EASE
A PUBLIC UTILITY EASEMENT AND PRIVATE DRAINAGE EASEMENT AND WILL BE
AND MAINTAINED BY AN APPROVED HOMEOWNERS ASSOCIATION.
THE" BAY EASEMENT A REX AS SHOWN ON LOTS 12 THRU 15, BLOCK 2 IS
RESERVED FOR THE PURPOSES AND CONDITIONS AS SET FORTH IN THE HOMEO'
DOCUMENTS.
w
officials are
recorded in thTrw-
e Public Records of Dade County. Clerk are hereby
Section 3, The City
Manager and City
and directed to execute the plat and cause the same to
authorized Florida.
be recorded in the Public Records of Dade County,
CITY CONi�IgSION
MEETING OF
JAN 14 11988 �+
RESOLUTION No. ` i�..�.�-`—�
REMARKS:
AS RECORDED IN PLAT B
Y FLORIDA, THENCE S. 34° 00' . T O FOR 759.35 FT 00 E ALONG THE
' OO' E. ALONG THE EASTERLYCL I NE N. O9 00' 00' E. FOR
11LS0 THESOUTHERLYPROJECTION pF SA1D PLAT OF
J� iCOCK ESTATE, ACCORDING TO THE PLAT HEREOF
RAGE. 12 OF THE PUBLIC RECORDSAT THEREOF AS
OR LESS TO THE MEAN HIGHATERFLDINE COUNTY,
AiON6 SAID MEAN NIGH HATER LINE FOR E OF BISCAYNE
ACTION OF THE WESTERLY LINE OF L'HERMITAGE, OR
OF AS RECORDED IN PLAT BOO
TY, FLORIDA; THENCE N. 33' 58! 12a WAGE 22 OF THE
DE L' HERM I TALE, BEING ALSO OF THE EASTERLY LALONG INE
T*S SOUTHERLY PROJECTION, BISCAYNE PARK SUBDIVISION,
AGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY,
OR LESS TO THE SOUTHERLY RIGHT OF WAY LINE OF
Tf�ENCE S. ST 59 3B W. ALONG THE SOUTHERLY RIGHT OF WAY
i 1 VE FOR 125. 00 FT. TO A PO I NT OF CURVATURE OF A
t`LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE HAVING
-AND A CENTRAL ANGLE OF 01 07' 04' FOR AN ARC D I STANCE
POINT OF BEGINNING.
RICTIONS
fS AS SHOWN ON THE ATTACHED PLAT BY DASHED LINES ARE
.THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES.
TS AS SHOWN ON THE ATTACHED PLAT BY DASHED LINES ARE
THE INSTALLATION AND MAINTENANCE OF PRIVATE DRAINAGE
RESERVED FOR RECREATIONAL PURPOSES AND WILL BE'OWNED
N APPROVED HOMEOWNERS ASSOCIATION.
A PRIVATE ROAD, DEDICATED AS AN INGRESS AND EGRESS
-_IC UTILITY EASEMENT AND PRIVATE DRAINAGE EASEMENT. THIS
AND MAINTAINED IN PERPETUITY BY AN APPROVED HOMEOWNERS
ILL NOT BE DEDICATED TO THE PUBLIC.
:RESERVED AS A PEDESTRIAN INGRESS AND EGRESS EASEMENT,
SEMENT AND PRIVATE DRAINAGE EASEMENT AND WILL BE OWNED
H APPROVED HOMEOWNERS ASSOCIATION.
1 A REX AS SHOWN ON LOTS 12 THRU 15, BLOCK 2 IS HEREBY
IRPOSES AND CONDITIONS AS SET FORTH IN THE HOMEOWNER'S
I N
W I TNESS
WHEREOF:
LAZARUS
REALTY
INC.. A
FLOR I
HAS
CAUSED THESE
PRESENTS TO BE
SIGNED
FOR AND
ON ITS
BEHAI
PRESIDENT ITS CORPORATE SEAL TO BE HEREUNTO AFFIXED AND AT!
ITS SECRETARY, TH I S.�a_ _DAY OF (��________A. D. !
LAZARUS REALTY INC.
ATTEST: _= C� _ _______________VICE PRESIDENT
' SECS
E/
ST RT M. F DE DE
BY:_______ ------------__----PRESIDENT.
ART UR S. A RUS
ACKNOWLEDGME :
66T F AS. S I HEREBY CERT I FY THAT ON
Niyo F APPEARED BEFORE ME, AN OFFII
TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS, ARTHUR S. L:
STUART M. FEDER, PRESIDENT AND VICE PRESIDENT / SECRETARY
OF LAZARUS REALTY INC., A FLORIDA CORPORATION, TO ME WELL
PERSONS HEREIN DESCRIBED AND WHO SIGNED THE FOREGOING INST:
OFFICERS FOR THE USES AND PURPOSES THEREIN MENTIONED AND T:
THERETO THE OFFICIAL SEAL OF SAID CORPORATION AND THAT SAIL
FREE ACT AND DEED OF SAID CORPORATION.
W I TNESS: MY S I GNATURE AND OFF I C I AL SEAL, TH I S_Lw t_DA'
MY COMM I SS I ON EXP I RES: A A; �..-6
NOTARY PUBLIC, STAT.
jA2AA1AG 41 k4y )I)tX -
SRR4
recorded in the Public Records of Dade nd14City
Section Clerk are hereby
The City Manager a
d cause the same o
authorized and directed to execute the Plat ananFlorida.
be
recorded in the Public Records of Dade County,
CITY COMMISSION
MEETING OF
JAN 14 p1988 c
ON No. 9v_2J
t-ARUS
INED
REALTY
FOR AND
INC., A
ON ITS
FLORIDA
BEHALF
CORPORATION,
BY ITS
HEREUNTO AFFIXED AND ATTESTED BY
--------- A. D. 087
ALTY I NC.
__VICE PRESIDENT/SECRETARY-TREASURER
__PRESIDENT.
EAEBY CERTIFY THAT ON THIS DAY PERSONALLY
,PPEARED BEFORE ME, AN OFFICER DULY AUTHORIZED
KNOWLEDGMENTS, ARTHUR S. LAZARUS AND
ICE PRESIDENT / SECRETARY -TREASURER RESPECTIVELY
DA CORPORATION, TO ME WELL KNOWN TO BE THE
O SIGNED THE FOREGOING INSTRUMENT AS SUCH
SES THEREIN MENTIONED AND THAT THEY AFFIXED
ID CORPORATION AND THAT SAID INSTRUMENT IS THE
RATION.
OFF I C I AL SEAL, TH I S-L &-DAY OF 2MMIo4k D. 1987
At
=--
Q-��
NOTARY PUBLIC, STATE OF FLORIDA, AT LARGE
Ivo7-tuy
COUNTY OF DADE VrTTHIS
DAY PIE APPEARED BEFORE ME, ANDOFF OFFICER
ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS, JESS S. LAWHORN JR. AND Si-
ASS' T. VICE PRESIDENT AND VICE PRE S!CE "IT RESPECTIVELY OF Ft
NATIONAL BANK , A NATIONAL BANKING ASSOCIATION, TO ME WELL KNOWN
TO BE THE PERSONS HEREIN DESCRIBED AND WHO SIGNED THE FOREGOING INSTRt
SUCH OFFICERS FOR THE USES AND PURPOSES THEREIN MENTIONED AND THAT TH:
AFFIXED THERETO THE OFFICIAL SEAL OF SAID CORPORATION AND THAT SAID
INSTRUMENT IS THE FREE ACT AND DEED OF SAID CORPORATION.
W I TNESS. MY SIGNATURE AND OFFICIAL SEAL
MY COMMISSION EXPIRES:__S_JA.5�
NOTARY
SURVEYOR'S NOTES
MA Ann-
-AO(.-.
THIS ___DAY OF
PU LIC ST FLORIDA .
BEARINGS SHOWN HEREON ARE BASED ON THE PLAT OF ROCKERMAN HEIGHTS,
P. B. 53- 27, USING S34° 00' 00' E FOR THE A/W OF ROCKERMAN ROAD.
THE MEAN HIGH WATER LINE SHOWN HEREON IS APPROXIMATE AND DOES NOT
REPRESENT A MEAN HIGH WATER SURVEY PER CHAPTER 177, PART II, FLORIDA
STATUTES
o PRM - INDICATES PERMANENT REFERENCE MONUMENT
PCP- INCICATES PERMANENT CONTROL POINT
THE AREA SHOWN FOR THE PORTIONS OF LOTS 12 THRU 15 BLOCK 2 THAT
LIES WITHIN THE "BAY EASEMENT AREA" IS APPROX I MATE.
THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS
PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY
FWA. I Q,l .-1 44
,Vo&CY
officials are direczeu I - - Flo n da.
recorded in the Public Records of Dade County Clerk are hereby
Section 3. The City Manager and City
nd directed to execute the plat and causethe same to
authorized a Florida.
be recorded in the Public Records of Oade County,
CITY COMMISSION
MEETING OF
JAN 14 p1g88
ON No. 9�"'�S
THAT ON THIS DAY PERSONALLY
'OFFICER DULY AUTHORIZED TO c
LAVRORN JR. AND STEVE SANZONE
RESPECTIVELY OF FLORIDA
1, TO ME WELL KNOWN
Si1ED THE FOREGOING INSTRUMENT AS
IN MENTIONED AND THAT THEY
itRATION AND THAT SAID
SA-1 D CDRPDRAT 1 ON.
r�
=: C I AL SEAL THIS ---DAY OF A-O-P-'l0-c . D. i 987
NOTARY PU LIC ST FLORIDA AT LARGE
D1 THE PLAT OF ROCKERMAN HEIGHTS,
R THE R/W OF ROCKERMAN ROAD.
ON IS APPROXIMATE AND DOES NOT
EY PER CHAPTER 07, PART 11, FLOR I DA
ERENCE MONUMENT
OL POINT
OF LOTS 12 THRU 15 BLOCK 2 THAT
T AR EA" I S APPROX i MATE.
CTIONS THAT ARE NOT RECORDED ON THIS
PUBLIC RECORDS OF THIS COUNTY
,Vo/4'e y
a400-#J(-)
DIRECTOR, CITY OF MIAMI DEPARTMENT OF PUBLIC WORKS
DADE COUNTY APPROVALS:
THIS IS TO CERTIFY THAT THIS PLAT APPEARS TO CONFORM TO ALL THE
REQUIREMENTS OF CHAPTER 28 OF THE DADE COUNTY CODE.
CERTIFIED THIS ------ DAY OF ----------------, A.D. 1988
BY:
DIRECTOR, DADE COUNTY PUBLIC WORKS DEPARTMENT
RECORDING STATEMENT:
FILE FOR RECORD THIS------- DAY OF ------------------ A.O. 088, AT
-------------------- IN BOOK ------- OF PLATS, AT PAGE--------- OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
RICHARD P. BRINKER
CLERK OF THE CIRCUIT COURT
SURVEYOR'S CERTIFICATE:
BY: ------------------------
DEPUTY CLERK
WE HEREBY CERTIFY: THAT THE ATTACHED PLAT OF ' BAYSHORE VILI
IS A TRUE AND CORRECT REPRESENTATION OF THE LAND DESCRIBED HEREON AS
RECENTLY SURVEYED UNDER OUR DIRECTION, ALSO THAT THE PERMANENT REFERENCE
MONUMENTS INDICATED WERE SET. THE SURVEY DATA SHOWN HEREON COMPLIES WITH
REQUIREMENTS OF CHAPTER 07 (PART 1) FLORIDA STATUTES.
LEITER S ASSOCIATES INC.
BY:
VICE PR
STANLEY'T. OLESIEWICZ
PROFESSIONAL LAND SURVEYOR NO.i633 STATE OF FLORI
recorded in the Public Records of Dade County, Florida.
Section 3. The City Manager and City Clerk are hereby
authorized and directed to execute the plat and cause the same to
be recorded in the Public Records of Dade County, Florida.
CITY COMMISSION
MEETING OF
JAN 14 1988
A No. !��S-2