Recorded Declaration of Unity of Control for Old Port Cove G 1.1 N S T E R
ATTORNEYS AT LAW
Our File Number: 11700
Writer's Direct Dial Number: (561) 650-0529
Writer's E-Mail Address: rgraham @gunster.com
December 15, 2011
Jodi Nentwick, Village Planner
Village of North Palm Beach Village Hall
501 US Highway 1
North Palm Beach, Florida 33408-4906
Re: Property Control Nos. 68-43-42-09-00-001-0040
68-43-42-09-00-001-0062
Dear Ms. Nentwick:
Enclosed please find the original recorded Declaration of Unity of Control for Old Port Cove.
If you have any questions or comments, please feel free to contact me. Thank you very much for
your cooperation and assistance in this matter.
Very truly yours,
Robert M. Graham
RMG/mst
cc: Leonard Rubin w/enclosure (Via regular mail)
Collene Walter w/enclosure (Via regular mail)
Richard Morgan w/enclosure (Via regular mail)
WPB_ACTIVE 4965808.1
Phillips Point 1 777 South Flagler Dr., Suite 500 East I West Palm Beach, FL 33401-6194 1 561.655.1980 I Fax:561.655.5677 I www.gunster.com
FORT LAUDERDALE • JACKSONVILLE • MIAMI • PALM BEACH • STUART • TALLAHASSEE • VERO BEACH • WEST PALM BEACH
1111111111111111111111111111
CFN 20110445817
OR Bh 24880 PG 1048
This Instrument prepared by RECORDED 12/01/2011 14:29:29
and should be returned to Palm Beach County, Florida
Robert M. Graham, Esquire Sharon R. Bock,CLERK & COKPTROLLER
Gunster, Yoakley,& Stewart, P.A. Pgs 1048 - 1052; (5pgs)
777 South Flagler Drive, Suite 500 East
West Palm Beach, Florida 33401
Property Control Nos. 68-43-42-09-00-001-0040
68-43-42-09-00-001-0062
DECLARATION OF UNITY OF CONTROL
THIS DECLARATION OF UNITY OF CONTROL is made this 6 day of
2011, by Old Port Cove Holdings, Inc., a Florida corporation ("OPCH"),
and Old Port Cove Equities Inc., a Canadian corporation ("OPCE") (together OPCH and OPCE
are the"Declarants"), whose address is 112 Lakeshore Drive,North Palm Beach, Florida 33408,
and Declarants recite and provide as follows:
RECITALS
WHEREAS, the Declarants are the fee simple owners of the property described in Exhibit
"A" attached hereto and made a part hereof("Yacht Club and Marina Parcels" or collectively
referred to as the"Property"); and
WHEREAS, the Declarants are desirous of making improvements to its Yacht Club and
Marina Parcels and have requested approval of a Planned Unit Development ("PUD")
encompassing both the Yacht Club and Marina Parcels;and
WHEREAS, the Village of North Palm Beach (the "Village") has approved a PUD for the
Yacht Club and Marina Parcels, which includes certain conditions and requirements applicable
to the Property, including,but not limited to,the use of the shared parking.
NOW, THEREFORE, in consideration of Ten Dollars and the promises and covenants
contained herein and other good and valuable consideration,the receipt and adequacy of which is
hereby acknowledged,the Declarants hereby agree as follows:
1. The foregoing recitals are incorporated herein by reference as though set forth in
detail in this place.
2. The Declarants agree that all developments and improvements to the Yacht Club
and Marina Parcels shall conform to the approved development plans and the conditions and
requirements imposed by the Village as set forth in Ordinance No. 2011-20 ("PUD Ordinance"),
and any subsequent modifications or development approvals issued by the Village relating to the
Property.
WPB ACTIVE 4614251.2
3. The Declarants agree to operate the Yacht Club and Marina Parcels as a unified
project in accordance with the conditions and requirements imposed by the PUD Ordinance and
and any subsequent modifications or development approvals issued by the Village relating to the
Property.
4. This Declaration and the rights created hereby shall be paramount and superior to
leases, conveyances, transfers, assignments, contracts, mortgages and other encumbrances
affecting the Property, with the exception of encumbrances of record existing prior to the
effective date of the PUD Ordinance. Any person acquiring possession of, title to or an interest
in the Property shall be deemed,by acceptance of such interest,to have agreed to be bound by all
the provisions of this Declaration. This Declaration shall be deemed a covenant running with the
Property.
5. This Declaration shall only be modified, amended, terminated or released by a
recordable instrument approved and executed by the Mayor of the Village of North Palm Beach
and the owners of the Yacht Club and Marina Parcels.
IN WITNESS WHEREOF,this instrument is executed on the day and year first above
written.
Signed, sealed and delivered
in the presence of: Old Port Cove Holdings, Inc.,a Florida corporation
Print: P ici*
POW G. Morg,
Its President
641 AIM�.�.
Print: ,, LiT '( o
STATE OF FLORIDA )
) ss.
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me thiaiday of f u,, 2011
by Richard G. Morgan, President of Old Port Cove Hot ings, Inc., a Florida corporation, on
behalf of the corporation. The above-named individual is personally known to me or ❑ has
produced as identification.
J _ 4
Print Name: 1 itiMiu11
NOTARY PUBLIC - STATE OF FLORIDA
• Pa1L -� — Commission Number:
" SUSAN E.CHADDERDON
.,:Pa� ie'-, My commission expires:
$'.`�.`�. Notary Public-State of Florida
t.: !� :•_My Comm.Expires Jan 18,2013
° Commission#DD 837132
Bonded Through National Notary Assn.
WPB_ACTIVE 4614251.2 2
Signed, sealed and delivered
in the presence of: Old Port Cove Equities Inc., a Canadian corporation
Print: PATE,t4G Upv(A0 Richard G. Morg.
Its Vice President
Th ,..././ t
Print: &&Il� rAW ■ d a
STATE OF FLORIDA )
) ss.
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this g?day of 1J(A , 2011
by Richard G. Morgan, Vice President of Old Port Cove Egli' ies Inc., a Canadian corporation,
on behalf of the corporation. The above-named individual is personally known to me or ❑
has produced as identification.
APILpsi
Print Name: uca,--111,
NOTARY PUBLIC - STATE OF FLORIDA
(Notarial Seal) Commission Number:
My commission expires:
' `,••Ry p U�4,, SUSAN E.CHADDERDON
SP B
_;°,~-t.`�; Notary Public-State of Florida `
•: ∎it I My Comm.Expires Jan 18,2013 `
9 ya I:IH •cC
;9 ��p.z Commission#DD 837132
'' O �" Bonded Through National Notary Assn.
■WPB_ACTIVE 4614251.2 3
EXHIBIT"A"
DESCRIPTION
OLD PORT COVE YACHT CLUB PARCEL
(REVISED)
A certain parcel of real property in Section 9, Township 42 South, Range 43 East,Village
of North Palm Beach, Florida,more particularly described as follows:
Commencing at the point of intersection of the South line of Government Lot 8, Section
4, Township 42 South, Range 43 East, according to the plat thereof recorded in Plat Book 18,
Page 4, Public Records of Village of North Palm Beach, Florida, with the Easterly right-of-way
line of State Road No. 5 (U.S. Highway No. 1) according to the plat thereof recorded in Road
Plat Book 2, Pages 105 to 118, inclusive,thence South 88°-23'-35"East, along said South line of
Government Lot 8, a distance of 707.11 feet to a point on the Easterly face of a concrete
bulkhead, said point being also in the Corps of Engineers, U.S. Army permit line, granted May
21 1957; thence South 21° -35' -40" East, along the face of said bulkhead and said U.S. Army
permit line, a distance of 236.52 feet; thence South 1°-53'-21" West, along the face of said
bulkhead and said U.S. Army permit line, a distance of 214.58 feet; thence South 88°-06'-39"
East, along the face of said bulkhead and said U.S. Army permit line, a distance of 93.23 feet;
thence South 30° -06'-17"East, along the face of said bulkhead and said U.S. Army permit line a
distance of 1229.85 feet; thence departing from said bulkhead and said U.S. Army permit line
run South 30°-52'-30" West, a distance of 8.01 feet to a line parallel with and 7.0 feet Westerly
from measured at right angles to said bulkhead and permit line and the Point of Beginning of the
herein described parcel;thence South 30°-06'-17"East and running along the westerly boundary
of that certain walkway easement described in Official Record Book 1907, Page 989, a distance
of 146.38 feet; thence South 30°-52'-30" West, a distance of 347.47 feet; thence departing from
said walkway easement North 59° -07' -30" West, 18.0 feet; thence South 30°-52'-30" West,
162.98 feet; thence North 59°-07'-30" West, 110.0 feet to the Southeast line of Phase III, so
called; thence North 30°-52'-30" East along said Southeast line of Phase III, so called, 581.47
feet to the POINT OF BEGINNING.
CONTAINING 1.54 acres,more or less.
WPB ACTIVE 4614251.2 4
EXHIBIT"A"
DESCRIPTION
"MARINA PARCEL"
A certain parcel of real property in Section 9, Township 42 South, Range 43 East, Village
of North Palm Beach, Florida, more particularly described as follows:
Commencing at the point of intersection of the South line of Government Lot 8, Section
4, Township 42 South, Range 43 East, according to the plat thereof recorded in Plat Book 18,
Page 4, Public Records of Village of North Palm Beach, Florida, with the easterly right-of-way
line of State Road No. 5 (U.S. Highway No. 1) according to the plat thereof recorded in Road
Plat Book 2, Pages 105 to 118, inclusive,thence South 88°-23'-35"East, along said South line of
Government Lot 8, a distance of 707.11 feet to a point on the easterly face of a concrete
bulkhead, said point being also in the Corps of Engineers,U.S. Army permit line, granted May
21, 1957;thence South 21°-35'-40"East, along the face of said bulkhead and said U.S. Army
permit line,a distance of 236.52 feet;thence South 1° -53'-21"West, along the face of said
bulkhead and said U.S. Army permit line,a distance of 214.58 feet,thence South 88°-06' -39"
East,along the face of said bulkhead and said U.S. Army permit line, a distance of 93.23 feet;
thence South 30°-06'-17"East,along the face of said bulkhead and said U.S. Army permit line a
distance of 1229.85 feet;thence departing from said bulkhead and said U.S. Army permit line
run South 30°-52'-30"West, a distance of 8.01 feet to a line parallel with and 7.0 feet westerly
from measured at right angles to said bulkhead and permit line; thence South 30° -06' -17"East
and running along the westerly boundary of that certain walkway easement described in Official
Record Book 1907, Page 989,a distance of 146.38 feet; thence South 30° -52' -30"West, a
distance of 347.47 feet to the POINT OF BEGINNING;thence South 59° -07' -30"East 180.34
feet;thence departing from said walk-way easement South 30° -52' -30" West, 162.98 feet;
thence North 59° -07' -30"West, 198.34 feet;thence North 30° -52' -30"East 162.98 feet;
thence South 59° -07' -30"East 18.0 feet;to the POINT OF BEGINNING.
Containing 0.74 acres, more or less.
WPB ACTIVE 4614251.2 5