Can't be a member in good standing if you are not paying full dues and enjoying the rights & privileges of theclub. See Item G. PROPERTY OWNER/BUILDER CLUB AGREEMENT (Updated January 2015) THIS PROP ER TY OWNER/BU I LD ER CLUB AGgfEMENT is <!'1•d th~ i~ay of by Del -A ire Country Club, I nc. ("Club") a nd sa TYS ~I r6 ulc Owner/Builder ("POB"), as follows: ~ ,201:5, ;tie Prnp erty WHEREAS, POB h~:oAtract to purchase, or all'eacly has purchased the lot or parcel in the C lu b community w hi ch is located at :) l ~L-1 Vt' ct (Y)lf p l't Cl VCI C · ---- -------- -- ' Delray Beach, Florida 33445, and is legally described as: __ ________ ___ _ ____ ______ ____ _ _ ("Property"). WHEREAS, the Property is subject to the Amended Declaration and Establishment of Covenants and Restric tio ns for Maintenance of the Real Property Subdivision Known as De l-Ai re Co unt ry C lub , In c. as the same may be amended and/or restated from t ime lo time ("Declara ti on"). WH ER EAS, POB wishes to take advantage of certain financial ince ntiv es with the Club WH E REAS, POI3 sha ll execute concurrently the Property Owner/Builder Association Agreement ( 11 POB AA 11 ) with the Delaire Count ry Club Property Owners' Association, Inc. ("Association"), a copy of which is in corporated herein by reference an d deemed to be made part hereof. In considerat io n of the foregoing, the P OB and the Club agree as follows: A. Th is agreement cannot be transferred to a property other than the Property id entified above. B. The POB shall comply with a ll the terms and conditions of t he POBAA. C. Simultaneously with or pr ior to clos in g of ti tl e to the Pro perty ("Closing"), POB will make a non-interest bea ring Security Deposit to the Club in an amount as established by the Club's Board of Governors. The SecuriLy Depo sit is currently Twenty Thousand Dollars and 00/100 ($20,000.00). Jf POB is presently an equity bond holder of the Club, then in that event, no increase to or refund of POB 's origi nal cost of a Club membership bond shall occur. D. S imul taneous ly with or prior to Closing, the POB will pay to the Club Seven Hundred Fifty Dollars and 00/100 ($750.00) per month, or for any part th ereof, as a builder fee. T he monthly payment will continue until the earlier to occur of: I. The Property is transferred to a purchaser who becomes a l'esiclent equity membe1· of the Club; 01· 2. Two (2) years from t he date of the Closi ng; or 3. A breach of any of the paragraphs of this agreement. Page 1 of 10 Fiie name Is Dclokc Duildc1·s Club Ag1 ·ccmc11t 2015,01.23.docx E. In the event that the Property is not transferred to a purchaser who becomes a resident equity member of the Club within two (2) years from the date of the Closing or POB breaches any of the paragraphs of this agreement, POB agrees to pay the Club a builder fee equal to the then-current dues and assessments of a full privilege equity golf member of the Club instead of the Seven Hundred Fifty Dollars and 00/100 ($750.00) per month described in paragraph D above. F. POB shall pay an amount equal to the existing resident equity member capital assessment of Five Hundred Ten Dollars and 00/100 ($5 I 0.00) per month to the Club commencing the first day of the subsequent fiscal year during which the Property was purchased by !'OB, except in the event that the seller of the Property to the POB has not been making such payments. In that case, said payment will commence at the Closing by the POB. POB's requirement to commence making such payment at the Closing by POB is solely premised on the seller's failure to make those payments at or prior to the date of sale. Such monthly payment, at the election of POB, may be deducted from the Security Deposit. In the event that the remaining balance of the Security Deposit is less than Ten Thousand Dollars and 00/100 ($10,000.00), POB will commence making monthly payments of Five Hundred Ten Dollars and 00/l 00 ($510.00) to the Club. G. The builder fee described in paragraphs D. and E. above and the additional payment described in paragraph P. will continue until the Property is transferred to a pmchaser who becomes a resident equity member of the Club. Said payments do not constitute dues, but are in lieu thereof, and POB does not thereby enjoy any of the rights of Club membership. H. In the event POB shall breach any of the provisions of the POBAA, such breach shall automatically operate as an acceleration of the two (2) year period described in parngraph E. above and !'OB shall be obligated to commence the payments set forth in paragraph E. above as if the two (2) year period had expired. I. In the event that POB does not timely pay the agreed-upon sums, POB agrees that any unpaid charges, including interest equal to the lesser of the maximum permitted by law or 1.5% per month, will be charged against the Security Deposit, and/or, be the subject of legal action, In the event of legal action, POB shall pay all costs of collection of any outstanding unpaid charges including costs of litigation and attorneys' fees during any collection process. J, !'OB and POB's contractors, subcontractors, materialmen, employees and agents shall not trespass on Club property (restroom areas on golf course, clubhouse, fitness center, etc.). K. POB agrees that at the Club's request, !'OB will sign any amendment to this ag1·eement that is required by Club's counsel, provided that said revision or revisions do not increase the financial obligations of the !'OB hereunder. L. This ag1·eement is not assignable without the express wl'itten consent of the Club, and any such transfer without written consent of the Club will not be binding on the Club. In the event that the Club approves the transfer or assignment of this agreement, said approval shall be conditioned on approval by the transferee or assignee to all the terms and conditions of this agreement and, further, the transferee or assignee shall agree to be bound by the original date of this agreement. l f such transfer is approved, all parties agree to use the attached Transfer Form evidencing such trnnsfe1·. Page 2of10 File name is Delnire Builders Club Agreernent 2015.01.23.docx M. POB shall maintain during the term of this agreement a general liability insuring agreement covering bodily injury and property damage issued by an insurer licensed to do business in the State of Florida and which names the Club as an additional insured for no less than One Million Dollars and 00/100 ($1,000,000.00) in coverage. N. POB shall to the fullest extent permitted by law, indemnify, defend, and hold harmless the Club authorized representatives and assigns from and against any and all suits, actions, legal or administrative proceedings, claims, debts, demands, damages, incidental and consequential damages, liabilities, interest, costs and expenses of whatsoever kind or nature (including attorneys' fees and expenses), whether arising during or after commencement or completion of POB's work, which ai·e in any manner directly or indirectly caused, occasioned or contributed to in whole or in part, through any negligence or will whether active 01· passive, of POB, any contractor or subcontractor or anyone directly or indirectly employed by any of them or anyone of whose acts any of them may be in connection with 01· incident to the POB 's work, even though the same may have resulted from the joint, concurring or contributory negligence, whether active or passive, of POB or any other pet·son 01· persons, unless the same be caused by the sole negligence or willful misconduct of the party indemnified. 0. If either party to this agreement initiates or brings any action or proceeding against the other party to enforce or declare its rights hereunder, including without limitation an action for equitable or injunctive relief, the prevailing party shall be entitled to receive from the other party all fees, costs, charges, and expenses (it1cluding, without limitation, attorneys fees and costs of suit) incurred in connection therewith. P. This agreement may be recorded in the Public Records of Palm Beach County, Florida. Q. This agreement shall terminate upon the sale of the Property to a purchaser who becomes a resident equity member of the Club and in compliance with the terms hereof, including without limitation the full payment of all amounts to be paid hereunder. Upon termination, POB may record a memorandum of termination in the Public Records of Palm Beach County, Florida and the Club will 1·eturn any remaining portion of the Security Deposit held by the Club to POB. Page 3of10 File name is Dclnirc Builders Club Agl'CCtncnt 2015.01.23.docx R. Notice fo r nil purposes hereunder shall be: TOCLUD : Del-Aire Cou nt ry Cl ub, In c. 4645 White Ceda1· La ne T Delray Beach, FL 33445 .__ 3:. S .. Attention: \~ <.\ ~ Title: General Manager Phone: ~\ ~ <\.. t\ 3 ~ '1 ~ Em ail: --~~~~ ~~~~~~ Mobile Phone: --~~ ~-- --~~-- ~~ Phone: Email: ~~_L-;=-"'~..<....\..__,,,"'-'--=J-'~~- m Mobile Ph one: -------- -- ----------~ LEFT BLANK IN TENTIONALLY SIGNATURE PAGE TO FOLLOW Page 4of10 File name is Deluil'c ll1 1ll dcra Club Ag1·ccmc11t 2015.01.23.docx 011i IN WITNESS WHEREOF, the parties have execut ed this agreement by setting the ir hands and seals on the date(s) set forth below. DEL -A llill COUNTY CLUB, I~~; s ~ Print Name: \<'aJ\N ~ <1 -....1\ ~ Titl e: Q:r~\ ~ \:l 6 STATE OF FLORIDA CO UNTY OF P ALM BEACH Date: $ - ~ "\ - \ '$ ~\\, _ .J..- The foEgo in g instrument was acknowledged before me this ~ I day of ~ , 20 if, by \~ &<J,vv...~ , the <;;;.~\ ~\S\, of D el~Aire C ountr y Club, Inc , on behalf of said corporation, who 1s personally known to me or who has produced ~~ \ <:_~....., as identification and who did (did n ot) take an oath. Notary Pub l ic \:'-.~~~~~w--~{15 Print Name My commission exp i res :S " ~ '--l ~ ~ ~l ~ /WIW,V';f.i}. LINDA I NGRAH AM RODGERS :.: ·,.; MY COMM ! SS I ON f FF 200690 ~.... /!!/ EXPJRC:S : May 24 , 2019 "'{Fft,,f;.~·· Bollded T tw Not..y Public Unoorw<ite<s Page 5of10 F ile name is De l11it' c Buildct·s Club Ag1 ·ccmc11t 2015.0 1.2 3.docx Contract Licen se Number; _ _._f\..,..l._.J .... CI'-'-- _______ _ Insurance Company Policy lnfol'mation: _.:--N1-1 lt21_ .. __ ______ _ Insurance Company Name and Number: _ ___.N'-"-'\1-C\-4--------- COPY OP INSURANCE POLICY TO BE A 1TACHED STATE OF FLORIDA COUNTY OF PALM BEACH S fl 'fho forgoi}ILinstrul)!~•l was ack~~~tl>/< me this~- day of trfJt j , 201$ by ;-re .t::: YI en ~ ~ULC.I I the VOf S?.-1? s S .. f6 Li ' . I on behalf of said PROPERTY OWNER/BUILDER, ho is personally known to me or who has produced as identification and wbo did (did Jot) ake a11 oath Ma~ C· Wrdat I Print Name Page 6of10 File name is Dclairc Builders Club Agreement 2015 .ot.23.docx TRANSFER FORM (To be usctl iftrnnsfcrring this ngrccmcnt from the ol'iginnl Properly 01Vncr/D11il1lcr ton 1·cplnccmc11t P1·011erly Owncr/nulhlcr) The following pa11ies approve the transfer of this agreement on this property to a Replacement Property Owner/Builder and subject to all its terms and conditions as of the_ day of 20 1 DEL-AIRE COUNTY CLUB, INC. By: ~~~~~~~~~~~~ Pl'intName: Title: Date: REPLACEMENT PROPERTY OWNERJBUILDER: Company Name: Address: City, State, Zip Code: ~~~~~~~~~~~~~ ~~~~~~~~~ ~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~ ~~~~~~~~~~~~~ ~ Page 7of10 Fiie name is Delakc Duilde1•s Club Ag1•eentent 2015.01.23.docx IN WITNESS WHEREOF, the parli es h ave executed this agreement in recognition of the Tra nsf er Form by setting their hands and seals on the date(s) set forth below STATE OF FLORIDA COUNTY OF PALM BEACH The forgoing instrument was acknowledged before me this __ d ay of ____ _ , 20 1_, by --------- ----' the of Del-Ai re Co unt ry Club, Inc ., on behalf of said corporation, who is personally known to me or who has produced as identification and who did (did no t) take an oath. Notary Public Print Name My commission expi res: ___ _ _ _ Page 8of10 File name Is De b1h·c Il111ldc 1 •s C lu b Agreement 2015.01.23.docx . . PROPE H.TY OWNEH /BUILDER By : Print Na m e: Title: Date: Contract Li ce nse Number: 1 nsu ra n c e Compa ny Po li cy In forma t io n: Ins u ra nce Com pany Nam e a nd Nu mb er: STATE OF FLO RIDA COUNTY OF PALM BEACH --- ---------~ - ----------~~ ~------~----~ --~---------~ ~--------~--- -- ----------~ ---------~--~ The fo r go in g i nst ru me nt was ack nowledged before me th is _ _ day of _ ____ , 20 _ , by , the of , on be half - - - - - - ---- - -- · of said PROPERTY OWN E R/BUILDER , who is pe r so na ll y know n to me or who h as p rod u ced _ __ ___ ____ ___ as id enti fic ati on a11d who di d (did not ) ta ke an oath Notary Pub lic P ri nt Na me My com mi ssio n expires: _ _ _ __ _ Page 9of10 File n am e is Dclnfre Bnildc1• s Cl ub Agre em ent 20 15 .0 1. 23 .d oc x .... REPLACEMENT PROP ERTY OWNE R/BU ILDER Company Name: --- ~---~~~~~ By: _ __ _ ___ ~~~--- P ri nt N ame: -~---------- Tit I e: --------- --~ D ate: ~------------ COPY OF INSURANCE POUCY TO BE ATT AC H ED STATE OF FLORlDA COUNTY OF PALM BBACH The forgoing instru ment was ack no wled ged befo re me t hi s _ _ da y of , 201 _, by -- -- --- - ----- , the of , on behalf 0 f said RE PL ACE ME NT PROP E RTY OW NER/ BU ILD ER, who is personally known to me or who has produced as identification a nd who did (d id no t) take an oath. Notary Pu blic P ri nt Name My co mmission expires: ____ _ _ Page 1 0o f 10 Fiie name Is Deluh·e Buildel'S Club Ag1 · ccmcnt 20 15.01.23.docx