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THIS IS NOT AN OFFICIAL COPY OF THE COVENANTS AND RESTRICTIONS!! We have made every effort to produce an accurate copy, but if you need an official copy, you must obtain it from the Office of the County Clerk!
FOX TRAIL AMENDMENT AND SECOND CONSOLIDATION OF DECLARATION OF COVENANTS AND RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, FOX TRAIL, INC., recorded a Declaration of Covenants and
Restrictions with regard to said Property which Declaration of Covenants and
Restrictions is recorded in Official Record Book 2483, Page 1866, Public Records
of Palm Beach County, Florida with Amendments thereto at Official Record Book
2508, Page 1404, Public Records of Palm Beach County, Florida; Official Record
Book 2605, Page 1090, Public Records of Palm Beach County, Florida; Official
Record Book 3434, Page 0742, Public Records of Palm Beach County, Florida;
Official Record Book 4295, Page 0735, Public Records of Palm Beach County,
Florida; Official Record Book 5010, Page 1833, Public Records of Palm Beach
County, Florida; and at Official Record Book 5803, Page 1569, Public Records of
Palm Beach County, Florida; WHEREAS, a Resolution amending said Declaration of Covenants and Restrictions was duly adopted at a meeting of the members of the Association on April 8, 1989, at which meeting the Resolution was voted on by the members of the Association, and at which meeting not more than twenty percent (20%) of the votes of members of the Association entitled to vote thereon was cast against: the proposed amendments, and in addition that the proposed amendment was approved by at least three-fourths (3/4) of the entire Board of Directors of the Association; WHEREAS, FOX TRAIL PROPERTY OWNERS' ASSOCIATION, INC., now wishes to further exercise its right to amend said Declaration of Covenants and Restrictions and, for simplicity's sake, to restate with said Amendments all covenants and restrictions originally provided in the Declaration of Covenants and Restrictions recorded in Official Record Book 2483. Page 1866, Public Records of Palm Beach County, Florida, as amended as set forth above, so that interested parties may refer to one document containing all said covenants and restrictions rather than referring to the original Declaration of Covenants and Restrictions and the subsequent amendments thereto. NOW, THEREFORE, for and in consideration of the premises and other good and valuable considerations, the said FOX TRAIL PROPERTY OWNERS' ASSOCIATION, INC., does hereby for itself and its successors and assigns, restrict the use as hereinafter provided of the property described in Exhibit "A" attached hereto and does hereby amend the Declaration of Covenants and Restrictions and affirm and consolidate those covenants and restrictions as recorded in Official Record Book 2483, Page 1866, with amendment thereto in Official Record Book 2508, Page 1404, with amendment and consolidation of covenants and restrictions recorded in Official Record Book 2605, Page 1090, with amendment thereto at Official Record Book 3434, Page 0742, with amendment thereto at Official Record Book 4295, Page 0735, with amendment thereto at Official Record Book 5010, Page 1833, with amendment thereto in Official Record Book 5803, Page 1569, Public Records of Palm Beach County, Florida, as follows: I. PROPERTY OWNERS' ASSOCIATION
In order to conserve the natural beauty of the Property, to insure its best use and most appropriate development, and to prevent the erection of poorly designed or constructed improvements, the entire area of the Property shall be subject to the following protective covenants and restrictions hereinafter referred to as the General Covenants: 1. a. No lot shall be used except for residential purposes. No building
shall be erected, altered, placed, or permitted to remain on any lot except one
detached, single-family dwelling, and not to exceed two stories in height, a
private garage and outbuildings; said private garage, if detached from dwelling,
to be constructed of same material as dwelling. Outbuildings shall be
constructed to be architecturally harmonious with the dwelling. b. No building, outbuilding, garage, swimming pool, tennis
court or like structure, or other structure shall be erected, constructed,
placed, or maintained on said real property, or any part thereof, unless prior
to the commencement of any construction, excavation, or other work, a complete
set of plans and specifications therefore, including front, side, and rear
elevations, and floor plans for each floor and basement, shall have been first
submitted in writing for approval, and approved in writing by the Architectural
Committee pursuant to Article V hereof. 2. No dwelling unit shall be constructed on the premises which measures
less than 2,000 square feet exclusive of outbuildings. Effective August 1, 1989,
no dwelling unit shall be constructed on any lot which measures less than 2,400
square feet of air conditioned living space. Porches and garages are not to be
included in the 2,400 square foot measurements. 3. No noxious or offensive activity shall be carried on upon any
portion of the Property, nor shall anything be done thereon that may be or
become a nuisance or annoyance to the neighborhood. 4. a. In keeping with the rustic ambience and to maintain the aesthetic
appearance of the property described in Schedule "A", the design of
fences on the exterior perimeter of lots must be submitted to and approved by
the Architectural Committee before fence construction commences. b. Fences shall be no more than five (5) feet tall at any point. No wire fences of any kind, except chain link fences, shall be erected anywhere on the property. Wire may be added to a fence as long as the wire is not the primary component in the construction of the fence. c. The perimeter fence on lots of FOX TRAIL shall be properly maintained in both appearance and structure. 5. Easements for ingress or egress, for installation and maintenance of
utilities and drainage facilities and bridle paths are reserved as shown on the
recorded plat FOX TRAIL according to the Plat thereof recorded in Plat Book 31,
Pages 157 through 162, Public Records of Palm Beach County, Florida. Within
these easements no structure, planting, or other material shall be placed or
permitted to remain that may damage or interfere with ingress or egress, with
the installation and maintenance of utilities, change the direction of flow of
drainage channels in the easements, or obstruct or retard the flow of water
through drainage channels in the easements or bridle paths; within the bridle
path easements, no tree, plant, or foliage of any type, or any structure, shall
be placed that would either impede the movement or vision of a rider or his
mount, or that may be detrimental to the health of a horse. Bridle paths are
restricted to use by horses and people. There shall be a five-mile per hour
'speed limit on all drainage facilities. The easement area of each lot and all
improvements in it shall be maintained constantly by the owner of the lot,
except for those improvements for which the Property Owners' Association is
responsible. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 30 years from the date these covenants are recorded, after which time they shall be extended automatically for successive periods of ten years, unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change the covenants in whole or in part. Enforcement shall be by action at law or in equity against any person or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages. The party bringing the action or suit shall be entitled to recover, in addition to costs, and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. Invalidation of any one of these covenants by judgment or Court order in no
wise shall affect any of the other provisions, which shall remain in full force
and effect. 6. Each lot shall be at least as well maintained as would said lot be as if it were in its natural state. Said natural state shall be the condition "of the land of other uninhabited parcels within the premises described on Exhibit "A" attached hereto; provided, however, subject to the other covenants and restrictions contained in this Declaration of Covenants and Restrictions, as it may be amended from time to time, nothing herein contained shall prohibit landscape improvements to a parcel or parcels. The Association shall have the right and duty to enter upon any portion of the Property on or to which a structure, landscape improvement, or other improvement has been placed or added not conforming to these restrictions, and similarly to remove such structure or improvement at the cost to whatever person or entity is responsible for it being located on the Property, subject, however, to the provisions hereinafter contained regarding notice of violation and appeals procedures. The Association shall, in addition, have the right, subject, however, to the notice and appeals procedures as aforesaid, to trim or prune, at the expense of the owner, any hedge or other planting on the Property that is in the opinion of the Association's Board of Directors, by reason of its location or the height to which or the manner in which it is permitted to grow is detrimental to adjoining property or unattractive in appearance. The Association shall further have the right and duty, subject to the notice and appeal provisions hereof, to care for vacant or unimproved portions of the property, and to remove grass, weeds, and rubbish there from, and to do any and all things necessary or desirable in the opinion of the Association to keep such portion of the property in neat and good order as in the natural state, all at the cost and expense of the owner, such costs and expenses to be paid to the Association upon demand, and if not paid within ten days thereof, then to become a lien upon the portion of the Property affected, equal in priority to the lien provided for in Article III, Paragraph 2 hereof. 7. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other out-building shall be used on any lot at any time as a residence, either temporarily or permanently. 8. No swine, goats, or poultry of any kind shall be raised, bred, or
kept on any lot for commercial purposes. 9. No sign of any kind shall be displayed to the public view on any lot except one personal name and/or address sign of not more than nine square feet, or one sign of not more than five square feet advertising the property for sale or rent, or one sign of not more than five square feet used by a building to advertise the property during the construction and sales period. All designs for signs must be submitted to and approved by the Architectural Committee before being displayed. 10. No lot shall be used or maintained as a dumping ground for rubbish,
trash, garbage, or other waste. All incinerators or other equipment for the
storage or disposal of such material shall be kept in a clean and sanitary
condition. 11. The Association shall operate and maintain, in neat and good order, and for the use of the inhabitants of the Property, and for the common and mutual benefit of land and improvements within the Property owned by any of said inhabitants, all properties including but not limited to all easements, ingress and egress easements, bridle paths, walkways, canals, and other facilities, and the improvements thereon, designed on the Plat of FOX TRAIL, and from time to time designated or conveyed in fee simple by the Developer to the Association. No such designation shall be made after December 31, 1980, without the approval of the Board of Directors of the Association. Each owner of a subdivision lot, dwelling unit or other parcel of the Property shall be subject to an annual charge per such lot, as is more specifically provided for in the Articles of Incorporation and By-Laws of the Association, in an amount fixed by the Board of Directors of the Association determined as aforesaid. The charges collected by the Association shall in each year be sufficient to maintain and operate, in neat and good order, and to pay all expenses payable with respect to the maintenance and operation of, such facilities as may be owned or leased by the Association or designated by the Developer in Plats or otherwise to be operated and maintained by the Association as aforesaid. Any portion of the charges remaining after the disbursements required hereby shall be used for the improvement of the Property and/or for the benefit of the Property and the owners and inhabitants thereof, and for the promotion of the peace, health, comfort, safety, or general welfare of the owners and inhabitants thereof. The annual charge shall become due and payable at such time or times as the Association may determine, and shall become a lien on the lot, dwelling unit, or other parcel of the Property against which the charge is made at such time as a notice of said lien against said lot, dwelling unit, or other parcel of the Property has been recorded in the Public Records of Palm Beach County. Florida. Upon a change of ownership of any lot, dwelling unit, or other parcel of the
Property, the new property owner must notify the FOX TRAIL PROPERTY OWNERS'
ASSOCIATION, INC., in writing at P. 0. Box 111, Loxahatchee, Florida, 33470, of
its acquisition of this ownership interest. 12. The natural flow of water shall not be interrupted by a property
owner of the Association having property elevated so that water flow is
obstructed or retarded, causing a clear and present danger or potential danger
of health and safety to other residents or property owners of the Association
because of flooding or other water related damage. 13. No person shall operate a motorized vehicle on the easements and
right-of-ways of the property described in Schedule "A" in excess of
fifteen (15) miles per hour. 14. No person shall operate a motorized vehicle on any easement or
right-of-way on the property described in Schedule "A" unless said
person possesses a valid vehicle operator's permit issued by the State of
Florida, or any other state or country. 15. No person shall operate a motorized vehicle upon any bridle path or
drainage easement on the property described in Schedule "A". The only
exception to this restriction shall be in cases of emergency or for maintenance
of said bridle path or drainage easement. 16. The drainage easements and bridle paths located on the property
described in Schedule "A" are restricted to use by persons and by
horses with riders. Riderless horses are not permitted on bridle paths, except
if pulling a wheeled vehicle designed for horses. 17. No person shall operate a fuel-powered motor greater than five (5)
horsepower in any of the drainage easement waters located in the property
described in Schedule "A" attached 1. The protective covenants and restrictions contained in this
Declaration of Covenants and Restrictions shall be construed as covenants
running with the land and shall inure to the benefit of and be enforceable by
the Developer, the Association, which shall be deemed the agent for all of its
members for such purposes and by the owner at any time of any portion of the
Property, by actions at law or by suits in equity. The failure of any person or
organization to enforce any covenant herein contained shall in no event be
deemed a waiver- by that or any other person or organization of its rights to
thereafter enforce the same, nor shall any liability attach to the Developer or
any other person or organization for failure to enforce such covenants. 2. Upon violation of any protective covenant or restriction herein
contained, the Association and/or Fox Trail, Inc., in addition to all other
remedies, may seek an order from a court of competent jurisdiction permitting it
to enter upon that portion of the Property upon or as to which such violation
exists, and summarily to abate or remove the same, using such force as may be
reasonably necessary, at the expense of the owner thereof, and neither the
person entering nor the organization directing the entry shall be deemed liable
for any manner of trespass for such action. The owner shall pay on demand the
costs and expense of such abatement or removal, which shall include reasonable
attorney's fees and other costs in connection with seeking the court order. The
cost of such abatement or removal shall itself become a lien upon that portion
of the Property affected, at such time as a notice of said lien is recorded in
the Public Records of Palm Beach County, Florida, enforceable at law or in
equity by the Association or Fox Trail, Inc., whichever abated or removed the
violation. The foreclosure of the lien hereof shall not operate to affect or
impair the lien of any first mortgage now or hereafter placed upon such
property, and the foreclosure of the lien of such a first mortgage or the
acceptance of a deed-in lieu thereof shall not operate to affect or impair the
lien hereof, except that the lien hereof for such costs as shall have accrued to
the date of such foreclosure or acceptance of the deed in lieu thereof shall be
subordinate to the lien of any such first mortgage, and such foreclosure
purchaser or taker of a deed in lieu thereof shall take title to such lot free
of the lien hereof for all such costs that have accrued to the date of
foreclosure or acceptance of the deed in lieu thereof, despite the prior
recording of a notice of a lien in conformance hereto, but subject to the lien
hereof for all such costs as shall accrue subsequent to the date of foreclosure
or acceptance of a deed in lieu thereof when a Notice of Lien has been recorded
prior thereto. 3. Each purchaser of any portion of the Property by becoming such,
agrees that he shall be personally responsible for the payment of all charges
that may become liens against his property pursuant to this Declaration and
which become due while he is the owner thereof or prior thereto subject,
however, to the provisions of Article III, paragraph 2 hereof. 4. The protective covenants and restrictions contained in this
Declaration shall, unless amended as hereinafter provided, continue in full
force and effect against both the Property and the owners thereof until January
1, 2005, and shall, as then in force, be continued automatically, and without
further notice from that time for a period of twenty years each, without
limitation, unless prior to January 1, 2000, or not less than five years prior
to the expiration of any successive twenty-year period, an amendment or vacation
of these restrictions and covenants executed and acknowledged by the then
holders of more than seventy-five percent (75%) of the votes of the Association,
shall be recorded in the Public Records of Palm Beach County, Florida, or other
proper public recording office. 5. Any of the covenants herein contained may be amended and new
covenants affecting the Property may be created by recording in the Public
Records of Palm Beach County, Florida, or other proper recording office, an
amendment to this Declaration, executed and acknowledged by the proper officers
of the Association, setting forth substantially the following provisions: 6. Whenever there is required under this Declaration, the agreement,
vote, consent, or other action of the owner or owners of any portion of the
Property, the agreement or other action of any such owner shall bind all future
owners of the same portion. The owner or owners of record of any portion of the
Property shall, for all purposes of the Declaration, be deemed in all respects
to be the owner or owners thereof, and his, their, or its signature or act for
the purposes hereof shall be binding upon the portion of the Property affected
and the owners thereof. Any notice or other communication provided for under
this Declaration shall be deemed properly given when mailed and may be addressed
to "owner" of said parcel. The name of such owner need not be stated
and the fact the said owner does not occupy the parcel shall not invalidate the
notice. 7. Additional land may be subjected to the covenants contained in this
Declaration by reference hereto, and in such event the owners of property
subsequently subjected to these covenants may enforce the same against owners of
the Property as though all of the land subject to the covenants was referred to
in one Declaration of Covenants and Restrictions. It is provided, however, that
the Developer shall be under no obligation to subject additional land to the
terms of this Declaration. 8. The Board of Directors of the Association shall have the right to
determine all questions arising in connection with this Declaration of Covenants
and Restrictions, and to construe and interpret all provision hereof. Its good
faith determination, construction, or interpretation shall be final and binding.
In all cases, the provisions of this Declaration shall be given that
interpretation or construction that will best tend toward the consummation of
the general plan of improvements. 9. The determination of any Court that any provision of this
Declaration is unenforceable, invalid, or void shall not affect the
enforceability or validity of any other provisions hereof. 10. Upon violation of any protective covenant or restriction contained
in this Declaration of Covenants and Restrictions, as it may be amended from
time to time, the Association shall give the owner of the property whereon the
offense occurred written notice of such offense by certified mail addressed to
said owner at the address given by him on his Contract for Purchase of the
property or to a subsequent address indicated by him for such notices to the
Secretary of the Association, which notice shall inform him as to the nature of
the offense and give him twenty (20) days from receipt of the notice to rectify
the offense. If, at the expiration of said twenty day period, the owner has not
rectified the offense or filed an appeal as hereinafter provided, then the
Association may take such action as it deems necessary pursuant to the provision
of this Declaration of Covenants and Restrictions as amended. If the owner
disagrees with the determination that an offense has been committed, he shall
have the right to appeal said determination to the Board of Directors of the
Association. Said right of appeal shall be exercised within said twenty day
period by the owner mailing by registered mail a Notice of Appeal to the
Secretary of the Association at the Association's offices. If an owner has filed
such an appeal, the Board of Directors shall give the owner a full hearing at
its next regularly scheduled meeting, and at said meeting shall determine
whether or not such an infraction, in fact, was committed. The decision of the
Board of Directors at such appeal hearing shall be final and binding upon all
parties concerned. 11. Upon a change of ownership of any property owner of any of the
properties in the Fox Trail development, the Fox Trail Property Owners'
Association must be notified in writing, return receipt requested, by a letter
addressed to the Fox Trail Property Owners' Association, Post Office Box 111,
Loxahatchee, Florida 33470. Failure to follow such procedure shall result in Fox
Trail Property Owners' Association having the right to file a lien against said
property for an amount equal to their actual cost as a result of their failure
to have been notified, said cost to be a minimum of $50.00 IV. ARCHITECTURAL COMMITTEE APPROVAL OF PLANS AND LOCATION OF STRUCTURES
2. The Architectural Committee shall consist of five (5) members, who
shall be appointed by the Board of Directors of Fox Trail Property Owners'
Association, Inc., and who shall ser for such tern) as may be designated by the
Board of Directors Fox Trail Property Owners' Association, Inc. 3. No less than four (4) members of the Architectural Committee shall
be members of the Fox Trail Property Owners' Association, Inc. No less than two
(2) members of the Architectural Committee shall be directors of the Fox Trail
Property Owners' Association, Inc. The Architectural Committee shall act by vote
of a majority of its five (5) members. 4. The Architectural Committee shall approve only those plans and specifications which shall meet the minimum standards required by the building code of Palm Beach County, Florida, and as revised and amended from time to time. The Committee shall encourage innovative design in plans and shall be
empowered to waive any condition of the minimum standards set forth in Article
II, Sections 2, 4, 7, 9, and the restrictions on height and materials set forth
in Article II, Section 1. 5. Approval of plans and specifications by the Architectural Committee
shall be endorsed on said plans and specifications, and shall forthwith be
returned by the Architectural Committee to the person submitting the same. 6. The approval of the Architectural Committee of plans and
specifications submitted for approval, as herein specified, shall not be deemed
to be a waiver by the Architectural Committee of the right to object to any of
the features or elements embodied in such plans or specifications, if and when
the same features and elements are embodied in any subsequent plans and
specifications submitted for approval for use on other lots. 7. After such plans and specifications and other data submitted have
been approved by the Architectural Committee, no building, outbuilding, garage,
swimming pool, tennis court, or like structures shall be erected, constructed,
placed, altered, or maintained upon said property unless the same shall be
erected, constructed, or altered in conformity with the plans and specifications
theretofore approved by the Architectural Committee or its duly appointed agent.
If any building out building, garage, swimming pool, tennis court, or like
structure, or other structure of any kind shall be erected, constructed, placed,
altered, or maintained upon said property other than in accordance with the
plans and specifications therefore, approved by the Architectural Committee,
such erection, construction, placing, alteration, and maintenance shall be
deemed to have been undertaken without the approval of the Architectural
Committee ever having been obtained as required by this declaration. 8. a. After the expiration of one (1) year from the date of completion
of any structure or alteration, constructed hereafter, such structure shall be
deemed to comply with all of the provisions of this Article IV, unless notice to
the contrary shall have been delivered to the lot owner. The Association
reserves the right, upon giving such notice, to commence legal proceedings to
enforce such compliance. 9. Any agent or member of the Architectural Committee may, at any
reasonable time, enter and inspect any building or property subject to the
jurisdiction of the Architectural Committee under construction or on or in which
the agent or member may believe that a violation of the covenants, restrictions,
reservations, servitudes, or easements is occurring or has occurred. 10. Unless otherwise approved by the Architectural Committee,
construction of approved improvements shall commence within ninety (90) days
from the date of approval by the Architectural Committee, and construction shall
proceed continuously and be completed within a reasonable time, and in no event
shall construction of a dwelling house or other improvements be extended or last
for more than twelve (12) months unless otherwise approved by the Architectural
Committee. V. This Amendment and Consolidation of the Fox Trail Declaration of
Covenants and Restrictions shall supersede the original Fox Trail Declaration of
Covenants and Restrictions recorded in Official Record Book 2483, Page 1866, et
seq. with Amendment thereto in Official Record Book 2508, Page 1404, with
Amendment and Consolidation of Covenants and Restrictions recorded in Official
Record Book 2605, Page 1090, with Amendment thereto in Official Record Book
3434, Page 0742, with Amendment thereto in Official Record Book 4295, Page 0735,
with Amendment thereto in Official Record Book 5010, Page 1833, with Amendment
thereto in Official Record Book 5803, Page 1569, Public Records of Palm Beach
County, Florida. (The original document is signed by Fox Trail POA president and secretary, and was witnessed and notarized on July 31st, 1989. For a signed copy, please contact the Clerk of Palm Beach County.)
AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FOX TRAIL KNOW ALL MEN
BY THESE PRESENTS; WHEREAS, FOX TRAIL, INC., a Florida corporation, was the owner and developer of certain lands located in Palm Beach County, Florida, which lands are described on Exhibit "A" attached hereto and hereby made a part hereof; WHEREAS, FOX TRAIL, INC., recorded a Declaration of Covenants and
Restrictions with regard to said property which is recorded in Official Records
Book 2483, page 1866, Public Records of Palm Beach County, Florida, with
amendment thereto; WHEREAS, a Resolution amending said Declaration of Covenants and Restrictions was duly adopted at a meeting of the members of the Association on April 27, 1991, at which meeting the Resolution was voted on by the members of the Association, and at which meeting not more than twenty percent (20%) of the votes of members of the Association entitled to vote thereon was cast against the proposed amendment; and, in addition, that the proposed amendment was approved by at least three-fourths (3/4) of the entire Board of Directors of the Association; NOW, THEREFORE, the Fox Trail Property Owners Association, Inc. does hereby, for itself and its successors and assigns, amend the Declaration of Covenants and Restrictions as follows: 1. Article II, paragraph 4(b) is changed as follows:
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