CORRESPONDENCE
-=
Shalloway, Foy
Rayman & Newell, Inc.
K. Dan Shalloway, P.E.
Jay G. Foy, P.E.
Garv M. Ravman. R.T ..~.
\
'.
PtzAYl
August 26, 1993
Mr. vincent A. Finizio
Deputy city Engineer
City of Boynton Beach
P.o. Box 310
Boynton Beach, FL 33425-0310
RE: JONATHAN'S GROVE SUBDIVISION
CIVIL ENGINEERING REVIEW
SFRN #93079
Dear vincent:
The following is a list of concerns we have found related to
the engineering plans, plat, and drainage calculations for the
above referenced project. The revised engineering plans, which we
are referring to in this list, were delivered to our office on
August 17, 1993 and is the second set of Engineering plans which we
have reviewed.
I. ENGINEERING PLANS
A. Sheet 2 of 7 (Typical sections and Details)
1. The plans show that a "c" and/or "E" Inlet will be
used. Please specify Inlet type with Inlet
structure number.
2. Please add to the roadway section detail the
sidewalk reinforcement and slope as per code
(Article X, section 12, Paragraph T, Page 2143,
Boynton Beach Code). Please be aware that sidewalk
placement shall be one foot from the right-of-way
unless otherwise approved by the City Engineer.
(Article X, section 12, Paragraph T, Page 2143,
Boynton Beach Code). NOTE: This may affect your
water management calculations.
3. Stabilized shoulders requires sOdding. provisions
shall be required and stated on plans (Article X
Section 10, Paragraph H, Page 2140, Boynton Beach
Code) and (Chapter 7.5-35, Section 7.5-35 (c)(6)
"Particular Requirements", Boynton Beach Code).
4. The stabilized shoulder cross slope exceeds the
maximum allowed cross slope. Please revise
accordingly (Florida Department of Transportation,
Green Book, Section III 7C 2). Please clarify
driveway installation in relationship to swale
maintenance (Chapter 22, section 22-3 "Standards",
Boynton Beach Code).
GEE & JENSON
RE: JONATHAN'S GROVE
JULY 28, 1994
PAGE .2.
This Land Development Order does not constitute City of Bgynton Beach building
permits, therefore, it shall be the responsibility of the property owner(s) and contractor(s)
to obtain building permits for those physical improvements not set forth within the
Engineer's Opinion of Cost. For assistance in successfully entering the City's permit review
process, you may contact Mr. Milton Duff, Chief Plans Reviewer, at telephone number (407)
375-6352.
Should you require any additional assistance and/or information, please feel free to
contact Mr. Vincent A. Finizio, Deputy City Engin~er at telephone number (407) 375-6282.
Very truly yours,
~~llT -
Brian J. LaMotte, P.E.
. Shalloway, Foy, Rayman
& Newell,lnc.
..
VAF:BJUthw
C:JONGROVE.LDO
cc: Milton Duff, Chief Plans Reviewer, Building Department
Don Jaeger, Building Official' .
William Hukill, P.E., City Engineer
Tambri Heyden, Planning & Zoning Director
Carrie Parker, City Manager
--J
100 'E. 'Boynton 'Be.adt. 'Boulevar4
P.O. 'Bo~31O
'Boynton 'Bead", :Jforida 33425-0310
City 9fa[[: (407) 734-8111
:J.9lX: (407) 738-7459
OFFICE OF THE CITY ENGINEER
July 22, 1994
Shalloway, Foy, Rayman & Newell, Inc.
1201 Belvedere Road
West Palm Beach, Fl 33405
Attention: Brian J. LaMotte, P.E.
Re: Jonathan's Grove
, I
%e City of
tJ3oynton $eacli
100 'E. tlJoynton tlJea&. tlJoukvara
P.O. tlJo~310
flJoynton tlJuuh., 1'foritfa 33425-0310
City:Jfaf[: {407} 734-8111
1'3U: {407} 738-7459
OFFICE OF THE CITY ENGINEER
July 23, 1993
Shalloway, Foy, Rayman & Newell, Inc.
Engineers, Planners, Surveyors
l201 Belvedere Road
West Palm Beach, Florida 33405
Re: Acceptance of Emergency Proposal
Engineering Review of Plat Documents and Construction Plans
Jonathan's Grove Located on Lawrence Road l,OOO' South of
Hypoluxo Road
Dear Mr. LaMotte:
Please be advised that the Engineering Department, in conjunction
with the City Manager's Office, has chosen your firm to perform a
preliminary and final plat review for the above referenced 10 acre
parcel of land.
I shall be contacting your office within the next few days in
order to schedule a meeting so that we may brief you on the current
status of this project as it relates to code compliance.
Please feel free to contact me at (407) 738-7487.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
~). ~+A~ .
Vincent A. Finizio ~
Deputy City Engineer
cc: J. Scott Miller, City Manager
Simmons & White, Inc.
Rossi Malavasi, Inc.
Michael B. Schorah & Associates, Inc.
Don Jaeger, Building Official
John Guidry, Utility Director
Christopher Cutro, Planning & Zoning Director
VAF/ck
attachment: Consultant Requisition Form dated 7/22/93
Ylmerka s (jateway to tfu (jutfstream
~
Brian J. LaMotte, P.E.
Principal
BJUthw
cc: C. Parker, City Manager
V. Finizio, Dept. City Engineer
M. Haag, City Building Official
JUN-03-1994 17:13
SFRN
407 655 1151 P.01
. Shalloway; Foy
Rayman & ~ewell, Inc.
EnsiDecmaIPlannerslSurveyor&
1201 Belvedere Road
W cst PQ!C\ Be..cll. Florida 33405
Phone (407) 655-1151 Fa..'>\: (407) 832w~90
K. Dan Shalloway, P.E.
Jay G. Foy. P.E.
Gilry M. Rayman, R.L.5.
Warren H. Newell
BrianJ. LaMotte, P.E.
Keith B. Jaenon. P,l;"
VIA FAX (407] 375-6090
June 3, 1994
Michael E. Haag, Administrator
city of Boynton Beach zoning and site Development
Post Office Box 310
Boynton Beach, Florida 33425
RE: JONATHON; S GlWVE '
YOUR FILE NO. ,772 "
'FINAL PLAT ,AND COKSIfRUCTIOIl PLANS
SFRH PROJECT NO. 93079
Dear Mike.
In response to your June 25, 1994 memo I want to bring to your
attent,ion that the' abQve referenced project has met, their drainage
concUrrency,
All" water man~9am8nt ,and draina'J~ review agenciea: such as,
Lake ,Worth Drainag& 'District., South Florida Wat.er ManagQmQnt
Distric.t, and Palm Beaoh COUrtty Rnqinc;u>lrinq Department as well al;j;
my review hav~ DeQn co~pleted and ara:found to bQ accQPtabla ,and
approvad. '
'rherefore in regard to italnNo. Ir
Concurrenoy - it has been 3et.
If you have any qUe~tion6, please don't hesitate' to call me.
CQrtifioation of
~. cerely,
, 'U11f!L-
Bri . aMo~tef F.E.
Principal'
BJL I Jl\5
cc; v. Finizio, city of Boynton Beach
R. Staudinger, Gee and Jenson
~ &
00
rn
JGN- 6.
TOTAL P.01
%e City of
$oynton ~eacfi
~-~
100 'E. 'Boynum 'Buz& 1Joukvanf
P.O.~310
'Boynum 'Beadi., :Jfqritfa 33425-0310
City:Hall: (407) 375-6()(J()
7!4X: (407) 375-6090
OFFICE OF THE CITY ATTORNEY
(407) 375-6050
June 15, 1994
Via Facsimile - (407) 686-7446
W. Richard Staudinger, P.E.
Gee & Jenson
One Harvard Circle
West Palm Beach, FL 33409
Re: Jonathan's Grove Subdivision
Dear Richard:
I am in receipt of your letter of June 8, 1994. Subject to my review of the MIl
Homes letter to the City Manager, the procedure set forth in your letter is acceptable
with the following caveat: no site grading, site filling or construction of any type can
proceed without the applicable building permit in hand.
Very truly yours,
cprrlLb 0 ChAf}D/~
James A. Cheraf
City Attorney
JAClral
cc: 'Carrie Parker, City Manager ~
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l'l..., ~ n ~~ c. - ~~vi~"ti ;/4--'1
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RECEIVED
JUN 14
~ MANAGER'S OFFICE
-
}tmerial's (jateway to tlU (julfstrtam
n
GEE & JENSON
1.;1' 'J"'(~rf. ,/\(('.1' .i'('.t3-P '" r."r'" Ire.
C.Ole ll.t.i.......:;.f(; ~::ir.;:~':
June 8, 1994
V".JAr..~ Pali!l Uct:.~,~.;"I, l~ :Y)~I;~
~'l'(JP"C(C (4(; I) &}::'<):lD'
I"~:~, 1('-'1 f.Oi;-744S
James Cherof, City Attorney
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Re: Jonathan' $ GrovQ Subdivision
At Ai:sk Con8truction
Dear Jim,
This lettsr is sent to confirm our telephone conversation of Tuesday, June 7,
1994, concerning the Jonathan'c Grove Subdivision. The City of Boynton Beach
has previously allowed construction at risk by e developer prior to final plat
approval. Our client, MIl Homes, wishes to begIn construction of Jonathan's
Grove Subdivision by starting site grading, srte filling and ElxtsrI1al wall construction
at their risk, and will be applying for a building permit this week to begin such
construotion. You havQ indicl:1ted that this is acceptable to the City of Boynton
Beach, because of previou8 City apPf'ovele of at risk construction.
The developer, Mil Homes, will forward a letter to the CItY Manager's office
indicating they will accept all risks for construction prior to receiving final approval
of the subdiviaion plat, and will attach a copy of such correspondence to the
permit applioation.
Ie;
ard St8udingcr, P.E.
WASlln
91.351/100
cc: Vince Finlzio
Ms. Carrie Parker
Dave Harris
B. Scott Benewitz
m:\M,~vl"'...
;: (, . d ('. ~ 0 . 0 Nit: t'1
176,80 t,jil[
'3t7t c! -98S'-2 .:'t': Q I
~m St'J1 nr:ri ('
t1h Mil HOMES"
HI'\:SIO'" ()~ \VI SJ:'101'lhW'~I~ 11OMJ-~, L'l(;
II'" .i 11.1 lh.. \;-1" }fllL '\,'01 J, "'.( ~"'C~/."t
(l~iI/IIbl;,4c'!/'dt!iltlli. ,i:,I"
:Nd~'I/(/pt)/,(( ("duma
iil"/'" nm/Or"l1Ido/We~t PI/;'II !i,'I('/!, i'h" '(."/
W~ ':,It.1 .,k:,d. Lli\~''''J'
'~l1;tr;;,nl CII\~li'
Sai:c 950
Wt')! ",';':1 Jto,I~h. HIJri:la ))jl)r,
d~i.':{)tt!,IN(./h~~b. ,\i);1b 1:1"),~I,i
U-ild'jll.l;!l;II. i) (.:
i1.l7<171 WiO
1\X 407:~71.~440
June 7, 1994
Ms. Carrie Parker,
City Manager
City of Boynton Beach
100 East Boymon Beach 'Boulevard
Boynton Beach, Florida 33425
Dear Ms. Parhr~
RE: Construction Approvals for the Unrecorded Pla,t of jonatllal1's Grov~
The above referenced Plat is scheduled for approval by the City
Commission on JWH~ 21, 1994. MIl Schottenstein Homes will b(' applying
lor building pormits on th~ &ite gracling and wall construction prior to thl.'!
dpproval of the Plat.
We understand that Mil Schottenstein Homes is "at risk" for this work
should any changes be required in the approval process.
Very truly youts, .
QJ~"7
David W. Hanis, P. E.
DWH;lt
cc: Jim Chet'of
1 t" ..t ~ ".1 ':,
~O.d 7~O.oN 8t:tl
\76,80 tli'j[
9li'V ~ -9~:9-,,:017: a I
NosrnC~33:
_ Shalloway, Foy
.I1iI!iii Rayman & Newell, Inc.
K. Dan Shalloway, P.E.
Jay G, Foy, P.E.
Gary M. Rayman, RL.S.
Warren H. Newell
Brian J. LaMotte, P.E.
Keith B. Jackson, P.E.
EngineerslPlanners/Surveyors
1201 Belvedere Road
West Palm Beach, Florida 33405
Phone (407) 655-1151 Fax (407) 832-9390
VIA FAX (407) 375-6090
June 3, 1994
Michael E. Haag, Administrator
city of Boynton Beach zoning and site Development
Post Office Box 310
Boynton Beach, Florida 33425
RE: JONATHON'S GROVE.
YOUR FILE NO. 772
FINAL PLAT AND CONSTRUCTION PLANS
SFRN PROJECT NO. 93079
Dear Mike,
In response to your June 25, 1994 memo I want to bring to your
attention that the above referenced project has met their drainage
concurrency.
All water management and drainage review agencies such as,
Lake Worth Drainage District, South Florida Water Management
District, and Palm Beach County Engineering Department as well as
my review have been completed and are found to be acceptable and
approved.
Therefore in regard to item No. II
Concurrency - it has been met.
certification of
If you have any questions, please don't hesitate to call me.
Si~e~l~A
j~~~
Principal
BJLlms
rn
cc: V. Finizio, City of Boynton Beach
R. Staudinger, Gee and Jenson
n'
;bt1~' ~ ~',' ~~
"', "",.
. ..j I , :.:_;.f
"-
<
GEE & JENSON
Engineers-Architects-Planners, Inc,
May 27, 1994
One Harvard Circle
West Palm Beach, FL 33409
Telephone (407) 683-3301
Fax (407) 686-7446
M. Vincent Finizlo
Deputy City Engineer
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
Re: Jonathan's Grove
Dear Vinnie,
The following Is the response to Mike Haag's memorandum dated May 25, 1994 to Brian laMotte:
I. Plat: In the rounding of dimensions of Lot #15 to the hundredth place the lot area Is a
fraction of a foot less than 9560 square feet. When extending out the number to four
decimal places the lot area Is 9590.0971 square feet or rounded to 9590 square foot (see
attached chart).
II. Construction Plans: Richard Staudinger has previously submitted these requested notes
earlier this week. Attached are 10 copies of sheet 3 of 7 of the paving, grading and
drainage plan which Includes this note.
III. Master Plan: Attached please find 10 copies of the revised Master Plan with the typical
building envelopes depicted for lots 14-19 and note addressing Irrigation and sod.
IV. Certification of Concurrency: This determination is to be made by Brian laMotte. Permit
requirements for drainage have been met and accepted by the permitting agencies
Indicating that concurrency has been met.
V. Association Documents: Please find one (1) copy of the property owners documents
ve~w~
~ Bennewi . AICP
Project Manager
00
_ , 1994
m
(r'. i'~ P ~,n R
!~J i~ I.J a lS
BSB:Jer
attach.
91-351/100
Lot #1
Lot #2
Lot #3
Lot #4
Lot #5
Lot #6
Lot #7
Lot #8
Lot #9
Lot #10
Lot #11
Lot #12
Lot #13
Lot #14
Lot #15
Lot #16
Lot #17
Lot #18
Lot #19
Lot #20
Lot #21
Lot #22
Lot #23
Lot #24
Lot #25
Lot #26
Lot #27
Lot #28
Lot #29
Lot #30
Lot #31
Lot #32
9597
9592
9604
9602.35
9600.65
9598.96
9597.26
9595.56
9593.87
9592.17
9590.47
9602.42
9600.72
9609.31
9590.10
9629.33
9593.06
9612.17
9616.38
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
JONATHAN'S GROVE
LOT SQUARE FOOTAGES
9598
9593
9605
9603
6901
9599
9598
9596
9594
9593
9591
9603
9601
9610
9590
9630
9594
9613
9617
9590
9590
9590
9590
9590
9590
9590
9590
9590
9590
9590
9590
9590
t c-.' ;
H\\~~,
V~
/
11~'~'
n
GEE & JENSON
Engineers-Architects-Planners, Inc.
May 23, 1994
One Harvard Circle
West Palm Beach, FL 33409
Telephone (407) 683-3301
Fax (407) 686-7446
Vince Finizio, Deputy City Engineer
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Re: Jonathan's Grove Subdivision
Final Plat Submittal
Dear Vinnie,
ncloseCNs,t e mylar original of the final plat for Jonathan's Grove, as w
calculationsJas requested in Mr. Haag's memo of 5/17/94.
./
Also enclosed are ten (10) copies of the corrected Master Plan and ten (10) sets
of the corrected final construction plans for Jonathan's Grove Subdivision. All of
the appropriate items on the 5/17/94 memo have been addressed in this
submission.
Please call if you have any further questions or comments. We would appreciate
written verification that this item is scheduled for the June 7, 1994 Boynton Beach
Commission meeting.
I(~~~
ard Staudinger, P.E.
WRS/ln
91351/100
Enclosures
cc: Glen Nicotra
B. Scott Bennewitz
m :\wrs\jgfplat
Lot #1
Lot #2
Lot #3
Lot #4
Lot #5
Lot #6
Lot #7
Lot #8
Lot #9
Lot #10
Lot #11
Lot #12
Lot #13
Lot #14
_' >- Lot #15
Lot #16
Lot #17
Lot #18
Lot #19
Lot #20
Lot #21
Lot #22
Lot #23
Lot #24
Lot #25
Lot #26
Lot #27
Lot #28
Lot #29
Lot #30
Lot #31
Lot #32
9597
9592
9604
9602.35
9600.65
9598.96
9597.26
9595.56
9593.87
9592.17
9590.47
9602.42
9600.72
9609.31
_9589.47
9629.33
9593.06
9612.17
9616.38
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
9590.00
JONATHAN'S GROVE
LOT SQUARE FOOTAGES
9598
9593
9605
9603
6901
9599
9598
9596
9594
9593
9591
9603
9601
9610
9590
9630
9594
9613
9617
9590
9590
9590
9590
9590
9590
9590
9590
9590
9590
9590
9590
9590
,
,,' ('e-":'~~l;C._ '--fL-: 1- \l2Cr)~'I-~~ //t'M -~,q.A-G I,/,t..':~.~'~-~\E
Ii ~ 1 /
;',,~{.'.~ South Florida Water Management District
;.",,,,,,,,:"";'f 330( Gun Club Road. p,o. Box 24680. West Palm Beach, FL 3.3416-4680 . (4071686-8800 . FL WATS ).800-432-2045
CON 24-06
Regulation Department
Application No.: 930811-4
Apri 1 26, 1994
FINAL APPROVED
M I Schottenstein Homes Inc
901 North Lake Destiny Drive
Suite 185
Maitland, FL 32751
APR 2 6 1B94
WPB
Dear Permitte~:
SUBJECT: Notice of Intent to Construct Works
General Permit and
Stormwater Discharge Certification No.: 50-03279-S
Permittee: M I SCHOTTENSTEIN HOMES INC
Project: JONATHAN'S GROVE
Location: PALM BEACH COUNTY, S7/T45S/R43E
This letter is to notify you of the District's agency action concerning your
Notice of Intent to Construct Works. This action is taken pursuant to Rule
40E-1.606 and Chapter 40E-40, Florida Administrative Code.
Based on the information provided, District rules have been adhered to and a
General Permit and Stormwater Discharge Certification is in effect for this
project ,subject to:
1. Not receiving a filed request for a Chapter 120, Florida Statutes,
administrative heal'ing,
2. the attached 12 Standard Limiting Conditions, and
3. 14 Special Conditions.
Should you object to these Conditions, please refer to the attached "Notice of
Rights" which addresses the procedures to be followed if you desire a public
hearing or other review of the proposed agency action. Please contact this
office if you have any questions concerning this matter. If we do not hear from
you in accordance with the "Notice of Rights", we will assume that you concur
with the District's action.
C,werninJ! BOdrd'
Valerie l~oyd, Ch,\irman
Frank \Villi.\m~l'n. .Ir.. \'ice Ch,lirmdn
Annie Bet.\ncnurt
\Villiarn Harnmund
!\et!'.v Krant
\1I.\n ,\\illedge
Eugene K. Petti!'.
:'>I.1thaniel P Reed
l.e.\I\ t;, Sch.nl
Tilford C Creel. Executiw Director
Thorn.ls K. M,lCVic.\r. Deputy Executive Director
M I SCHOTTENSTEIN HOMES INC
Subject: Notice of Intent to Construct Works
Apri 1 26, 1994
Page 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee
(and the persons listed in the attached distribution list) no later than 5:00
p.m. this 26th day of April, 1994, in accordance with Section 120.60(3),
Florida Statutes.
Sincerely,
~xI~cr.
Kenneth S. Todd, Jr., P.E.
Supervising Professional
KT/bw/ld
CERTIFIED MAIL NO. P 630 204 389
Enclosures
~ FC;:1'.\05J~
~ro,e~
South Florida Water Management District
GENERAL PERMIT
NOTICE OF RIGHTS
This NotIce of Rights is intended to inform the recipient of the administrative and judicial review which may be available
mandated by sectIon 120.60(3). Florida Statutes. Be advised that although this notice is intended to be comprehensive. the revl,
procedures set forth herein have been the subject of judicial constructIon and interpretation which may affect the admlnistratl....e
judicial review available. Recipients are therefore advised to become familiar with Chapters 120 and 313. Florida Statutes. anc ~'
judicial interpretation of the provisions of these chapters.
1. If a substantially affected person objects to the staffs recommendation. that person has the right to request an administrat:',
heanng on the proposed agency action. The substantially affected person may request either a formal or an informal hearrt"!
as set forth below, Failure to comply with the prescribed time periOdS shall constitute a waiver of the right to a hearing.
2. If a substantially aHected person believes a genuine issue of material fact is in disPute, that person may request a formal hear;'
pursuant to section 120.57(1), Florida Statutes, by filing a petition not later than:
a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT. within fourteen (14) days after
mailing of the proposed agency action or
b, IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED. within fourteen days atter receipt of actual
notice.
The request for a section 120.57(1). F.S.. formal hearing must comply with the requirements of Rule 40E-1.S21, Fione
Administrative Code. a copy of which is attached. Petitions are deemed filed upon receipt by the District. Failure:
substantially comply with the provisions of Rule 40E-1.521. Florida Administrative Code. shall constitute a waiver of the rlgn~ :
a 120.57(1) hearing. If a petition for administrative hearing is not timely filed. the staH's proposed agency will automatlcai
mature into final agency action.
3, If a substantially affected person believes that no issues of material fact are in dispute. that person may request an intor~,
heartng pursuant to section 120.57(2). F.S.. by filing a petition for hearing not later than:
a. IF NOTICE OF THE APPLICA TION WAS PUBLISHED BY THE APPLICANT, within fourteen (14) days afte'r
mailing of the proposed agency action or
b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED. within fourteen days after receipt of actual
notice.
A request tor informal hearing shall be conSidered as a waiver of the right to request a formal section 120.57(1), F.S.. heanng. .
reQuest for a section 120.5i(1). F.S.. formal hearing not in substantial compliance with the proviSions of rule 40E.1 .521. F.,1,.:
may be consloered by the District as a reQuest tor informal hearing. If a petition for adminrstrative heartng IS not timeiy filec. :~-
staff's proposed agency action will automatically mature into final agency action,
4, Pursuant to section 3i3,1 14. Florrda Statutes. a party to the proceeaing belOW may seeK review of a Final Order rendered on :;-
permIt application before the Land and Water AdjudIcatory CommiSSion. as prOVided therein. ReView under th.s section
.Mltlated by filing a reQuest tor review with the Land and Water Adjudicatory Commission and serving a copy on the Departme~
of Environmental RegUlation and any person named in the Oraer within 20 days after renaering of the Districfs Orce'
However. when the oroer to be reViewed has stateWide or regIonal !!ignificance. as determined by the Land and Wate
Adjudicatory CommisSion within 60 days after receipt of a request for review. the commission may accept a request for revre"
from any affecte.:l person within 30 doYs 3';ter ttl~ rendering of the order. Review under section 313.114. Florida Statutes.
limIted solely to a determination of consistency with the proviSions and purposes of Chapter 313. Florida Statutes. This reVle,
IS apoellate '" nature and limited to the record below.
5. A party whO is adversely aHected by final agency action on the permit application is entitled to judicial review in the Distnc
Court of Appeal pursuant to section 120.68. Florida Statutes. as provided therein. Review under section 120.68. Florida Statute
in the District Court of Appeal is initiated by filing a petition in the appropriate District Court ot Appeal in accordance will
Florida rule of appellate Procedure 9.110. The Notice of Appeal must be filed within 30 days of the final agency action.
6. Section 313.617(2). Florida Statutes. provides:
Any person substantially affected by a final action of any agency with respect to a permit may seek review
within 90 days of the rendering of SUCh deciSion and request moneta~, .1 mages and other relief in the circuit court
in the judiCIal circuit in which the affected property is located: h~r. circuit court review shall be confined
solely to determlOlng whether final agency action is an unreasonable exercise of the state's police power
constituting a taking without lust compensation, Review of final agency action for the purpose of determining
whether the action IS in accordance with existmg statutes or rules and based on component substantial evidence
shall proceed In accordance With Chapter 120.
7. Please be adVised that exhaustIon of administrative remedies is generally a prerequisite to appeal to the District Court c
Appeal or the seeking of Circuit Coun review of final agency actIon by the Olstrict on the permit applicatIon, There arE
however, exceotlons to the exhaustIon requlfement. The applicant IS adVised to consult the case law as to the requIrements c
exhaustion exceptions
40e-1.521 Initiation of Formal Proceedings. .l
(1) Initiation of tormal proceedings shall be made by petition to the District. The term petition as used herein includes an..
application or other document which expresses a request for formal proceedings. Each petition should be printed. typewritten c'
otherwise duplicated in legible form on white paper or standard legal size. Unless printed. the impression shall be on one sIde at t"e
paper only and lines shall be double-spaced and indented.
(2) All petitions filed under these rules shall contain:
(a) The name and address of the District and the District's file or identification number. if known;
(b) The name and address of the petitioner or petitioners:
(c) An explanation of how each petitioner's substantial interests will be affected by the District"s determination;
(d) A statement of when and how petitioner received notice of the District's decision or intent to render a decision;
(e) A statement of all disputed issues of material fact. If there are none, the petition must so indicate:
(f) A concise statement of the ultimate facts which petitioner believes entitle petitioner to the relief sought as well as the
rules and statutes which support petitioner's claim for relief:
(g) A demand for the relief to which the petitioner deems himself entitled; and
(h) Other information which the petitioner contends is material.
(3) Upon receipt of a petition for formal proceedings. the District shall review the petition for the degree of compliance witt":
subsection (2) and shall accept those petitions in substantial compliance therewith which have been timely filed and which state a
dispute which is within the jurisdiction of the District to resolve. If accepted, the District shall designate the presiding officer. The
District shall promptly give written notice to all parties of the action taken on the petition, and shall state with particularity its
reasons therefor.
(4) If the District designates a Hearing Officer assigned by the Division of Administrative Hearings as the presiding officer. the
District Clerk shall forward the petition and all materials filed with the District to the Division of Administrative Hearings. and Shall
notify all parties of its action.
Specific Authority 373.044. 373.113 F.S.
Law Implemented 120.53(1), 120.57 F.S.
History - New 9-3-81.
Formerly 1SK-1.09(1). 1SK-1.112(1) through (3). 1SK-1.12
w.
LIMITING CONDITIONS
1. THE PERMITTEE SHALL PROSECUTE THE WORK AUTHORIZED IN A MANNER SO AS TO
MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL
ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE
NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL
COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES,
TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE
RECEIVING WATERS.
2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY
OR INTO SURFACE WATERS OF THE STATE SHALL BE SUBMITTED TO THE DISTRICT AS
REQUIRED. PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER
17-302. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE
DATA AS REQUIRED, ON VOLUMES OF WATER DISCHARGED INCLUDING TOTAL VOLUME
DISCHARGED, DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM
THE PROPERTY OR INTO SURFACE WATERS OF THE STATE.
3. THE PERMiTTEE SHALL COMPLY WITH ALL APPLICABLE LOCALSUBOIVISION
REGULATIONS AND OTHER LOCAL REQUIREMENTS. IN ADDITION, THE PERMITTEE
SHALL OBTAIN ALL NECESSARY FEDERAL, STATE, LOCAL AND SPECIAL DISTRICT
AUTHORIZATIONS PRIOR TO THE START OF ANY CONSTRUCTION OR ALTERATION OF
WORKS AUTHORIZED BY THIS PERMIT.
4. THE OPERATION PHASE OF THIS PERMIT SHALL NOT BECOME EFFECTIVE UNTIL A
FLORIDA REGISTERED PROFESSIONAL ENGINEER CERTIFIES THAT ALL FACILITIES
HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE DESIGN APPROVED BY THE
DISTRICT. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE
WATER MANAGEMENT SYSTEM, THE PERMITTEE SHALL SUBMIT THE CERTIFICATION AND
NOTIFY THE DISTRICT THAT THE FACILITIES ARE READY FOR INSPECTION AND
APPROVAL. UPON APPROVAL OF THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM,
THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE
ENTITY APPROVED BY THE DISTRICT.
S ALL ROADS SHALL BE SET AT OR ABOVE ELEVATIONS REQUIRED BY THE APPLICABLE
LOCAL GOVERNMENT FLOOD CRITERIA.
6. ALL BUILDING FLOORS SHALL BE SET AT OR ABOVE ELEVATIONS ACCEPTABLE TO THE
APPLICABLE LOCAL GOVERNMENT.
7. OFF-SITE nISCHARGES DURING CONSTRUCTION AND DEVELOPMENT SHALL BE MADE ONLY
THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. NO ROADWAY OR BUILDING
CONSTRUCTION SHALL COMMENCE ON-SITE UNTIL COMPLETION OF THE PERMITTED
DISCHARGE STRUCTURE AND DETENTION AREAS. WATER DISCHARGED FROM THE
PROJECT SHALL BE THROUGH STRUCTURES HAVING A MECHANISM SUITABLE FOR
REGULATING UPSTREAM WATER STAGES. STAGES MAY BE SUBJECT TO OPERATING
SCHEDULES SATISFACTORY TO THE DISTRICT.
8. NO CONSTRUCTION AUTHORIZED HEREIN SHALL COMMENCE UNTIL A RESPONSIBLE
ENTITY ACCEPTABLE TO THE DISTRICT HAS BEEN ESTABLISHED AND HAS AGREED TO
OPERATE AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH
SUFFICIENT OWNERSHIP SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT
FACILITIES AUTHORIZED HEREIN. UPON RECEIPT OF WRITTEN EVIDENCE OF THE
SATISFACTION OF THIS CONDITION, THE DISTRICT WILL ISSUE AN AUTHORIZATION
TO COMMENCE CONSTRUCTION.
9. THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY
RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER
40E-4, FAC.
10. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL
DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE
CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY
THE PERMIT.
11. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH
REASONABLY DEMONSTRATES THAT ADVERSE OFF-SITE WATER RESOURCE RELATED
IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. IT IS ALSO
THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE WATER
RESOURCE IMPACTS DO NOT OCCUR DURING CONSTRUCTION.
12. PRIOR TO DEWATERING, PLANS SHAll BE SUBMITTED TO THE DISTRICT FOR
APPROVAL. INFORMATION SHALL INCLUDE AS A MINIMUM: PUMP SIZES, lOCATIONS
AND HOURS OF OPERATION FOR EACH PUMP. IF OFF-SITE DISCHARGE IS PROPOSED,
OR OFF-SITE ADVERSE IMPACTS ARE EVIDENT, AN INDIVIDUAL WATER USE PERMIT
MAY BE REQUIRED. THE PERMITTEE IS CAUTIONED THAT SEVERAL MONTHS MAY BE
REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION.
SPECIAL CONDITIONS
1 MINIMUM BUILDING FLOOR ELEVATION: 20.2 FEET NGVD.
2 MINIMUM ROAD CROWN ELEVATION: 18 FEET NGVD.
3 DISCHARGE FACILITIES:
1-.5' W X .5' H TRIANGULAR ORIFICE WITH INVERT AT ELEV. 12' NGVD.
40 LF OF 2' DIA. RCP CULVERT.
RECEIVING BODY : LWDD L-18
CONTROL ELEV : 12 FEET NGVD.
4. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSIONt
SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR
OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM.
S MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION
AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER.
6 THE DISTRICT RES~RVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY
TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH
MEASURES ARE SHOWN TO BE NECESSARY.
7. PRIOR TO THE INITIATION OF ANY WITHDRAWAL OF WATER (IRRIGATION,
DEWATERING, PUBLIC WATER SUPPLY, ETC.), IT WILL BE NECESSARY TO APPLY FOR
A WATER USE PERMIT. THE PERMITTEE IS CAUTIONED THAT A MINIMUM OF 90 DAYS
IS REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. THE
PERMITTEE IS CAUTIONED THAT THE ISSUANCE OF A SURFACE WATER MANAGEMENT
PERMIT SHALL NOT BE CONSTRUED TO BE A GUARANTEE THAT WATER WILL BE
AVAILABLE.
8. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT
AN APPROVED MODIFICATION OF THIS PERMIT.
9 A BENCHMARK SHALL BE PROVIDED IN THE VICINITY OF THE CONTROL STRUCTURE AND
A DESCRIPTION PROVIDED TO THE DISTRICT WHEN CERTIFYING CONSTRUCTION
COMPLETION OF THE DRAINAGE FACILITIES.
10. PRIOR TO MAY 26, 1994, THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT SHALL
BE NOTIFIED BY THE PERMITTEE OR AUTHORIZED AGENT (VIA THE SUPPLIED
CONSTRUCTION COMMENCEMENT NOTICE OR EQUIVALENT) OF THE ACTUAL OR
ANTICIPATED CONSTRUCTION START DATE AND THE EXPECTED COMPLETION DATE/
DURATION.
11. WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, CONSTRUCTION STATUS
REPORTS SHALL BE SUBMITTED TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ON AN ANNUAL BASIS (VIA THE SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT)
BEGINNING ONE YEAR AFTER THE INITIAL COMMENCEMENT OF CONSTRUCTION DATE.
12. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER
MANAGEMENT SYSTEM, THE PERMITTEE OR AUTHORIZED AGENT SHALL NOTIFY THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT OF THAT COMPLETION DATE AND SUBMIT
CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER THAT ALL
FACILITIES HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE DESIGN APPROVED BY
THE DISTRICT (VIA' THE SUPPLIED CONSTRUCTION COMPLETION/CONSTRUCTION
CERTIFICATION OR EQUIVALENT). SUCH CERTIFICATION MAY CONSIST OF WORDING
IN PARAGRAPH 3.1.7 "CONSTRUCTION COMPLETION CERTIFICATION" OF THE CURRENT
BASIS OF REVIEW fOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. IF THE CERTIFICATION
LANGUAGE USED IS DIFFERENT FROM THE SUGGESTED LANGUAGE, A SET OF RECORD
DRAWINGS CONSISTING OF ELEVATIONS, LOCATIONS AND DIMENSIONS OF COMPONENTS
OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL ALSO BE SUBMITTED.
13. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE
RESPONSIBILITY OF JONATHAN'S GROVE HOMEOWNERS ASSOCIATION. THE PERMITTEE
SHALL SUBMIT A COpy OF THE RECORDED DEED RESTRICTIONS (OR DECLARATION OF
CONDOMINIUM, IF APPLICABLE), A COpy OF 'THE FILED ARTICLES OF
INCORPORATION, AND A COPY OF THE CERTIFICATE OF INCORPORATION FOR THE
HOMEOWNERS ASSOCIATION CONCURRENT WITH THE ENGINEERING CERTIFICATION OF
CONSTRUCTION COMPLETION.
14. THE PERMITTEE SHALL SUBMIT A COPY OF THE FINAL COUNTY OUTFALL APPROVAL FOR
THIS PROJECT WHEN OBTAINED.
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JONATHAN'S GROVE
PERMIT SUMMARY SHEET
APPLICATION NUMBER: 930811-4
LOCATION: PALM BEACH COUNTY, S7/T45S/R43E
OWNER: M I SCHOTTENSTEIN HOMES INC
ENGINEER: GEE & JENSON EAP INC
PROJECT AREA:
9.4 ACRES DRAINAGE AREA:
8.98 ACRES
PROJECT USE: RESIDENTIAL
FACILITIES:
1. EXISTING: The project site consists of an existing citrus grove. There is an
agricultural ditch which runs along the eastern property line and a
roadside ditch along the western property line. An existing
drainage swale on the northern property line carries runoff from
the project west to the Lawrence Road ditch which drains north into
the Lake Worth Drainage District (LWDD) L-18 Canal.
2. PROPOSED: Construction and operation is requested for a surface water
management system serving a 9.4 acre residential project. The
project will utilize site grading to direct runoff into two
roadside swales and two perimeter swales to be located along the
north and south property lines. The swales will discharge into the
proposed detention area located along the east perimeter of the
project. Discharge from the project will be through 1-6" high by
6" wide, inverted triangular bleeder with an invert at elevation
12' NGVD and 40 LF of 24" diameter RCP culvert into the proposed
Lawrence Road storm sewer line which will extend from the project
north to the LWDD L-18 Canal.
Although the allowable discharge is being exceeded by the project
design, the applicant has proposed the minimum size bleeder (6"
high by 6" wide, inverted triangle) approved by LWDD.
PROJECT LEVEL:
DRAINAGE BASIN: C-16
RECEIVING BODY: LAKE WORTH DRAINAGE DISTRICT L-18 CANAL
BASIN DESIGN FREQUENCY: 25YR-3DAY STORM
Exhibit
4
JONATHAN'S GROVE
PERMIT SUMMARY SHEET
WATER QUALITY:
Basin
MASTER
Method
.54 acres DRY DETENTION
Vol Vol
Req'd. Prov'd
(ac-ft) (ac-ft)
.56 .56
DISCHARGE RATE:
Basin
MASTER
Allow
Disch
(efs)
.9
Method of
Detet-mination
DISCHARGE FORMULA
Design
Disch
(cfs)
1.6
Design
Stage
(ft. NGVD)
18.8
ENVIRONMENTAL ASSESSMENT:
ENVIRONMENTAL SUMMARY
The project site consists of an existing citrus grove. There are no wetlands
or other native vegetational communities remaining on the site.
Adverse impacts to wetlands are not anticipated as a result of the
construction of this project.
APPLICABLE LAND USE:
The total project area is 9.40 acres. Runoff from a portion of the FPL easement
(.42 acres) located along the northern property boundary will not drain into the
proposed development.
TOTAL ACRES
WTRM ACREAGE
PAVEMENT
BUILD COVERAGE
NUMBER OF UN ITS
PERVIOUS
TOTAL
PROJECT
9.40
.54
1.46
2.10
32.00
5.30
PREVIOUSLY
PERMiTTED
THIS PHASE
9.40 acres
.54 acres
1.46 acres
2.10 acres
32.00 units
5.30 acres
BASIN LEVEL BREAKDOWN AND FLOOD PROTECTION:
Exhibit 5
JONATHAN'S GROVE
PERMIT SUMMARY SHEET
Basin Name: MASTER
FLOOD PROTECTION:
LOCAL ROAD CRITERIA
FLOOD CONTOUR 18.00 FEET NGVD
MINIMUM ROAD GRADE 18.00 FEET NGVD
100 YEAR FLOOD
FLOOD CONTOUR 20.20 FEET NGVD
MINIMUM FLOOR ELEVATION 20.20 FEET NGVD
FEMA FLOOD ELEVATION FEET NGVD
COMMENTS:
1 . Water and wastewater services will be provided by the City of Boynton Beach
Utilities.
Exhi bit 6
STAFF REPORT DISTRIBUTION LIST
PROJECT: JONATHAN'S GROVE
APPLICATION NUMBER: 930811-4
INTERNAL DISTRIBUTION
Reviewer:
X Benita Hoheisel
X Anita R. Bain
X Paul Whalen
X Robert G. Robbins
T. Bates
R. Brown - NRM
X B. Colavecchio - REG
M. Cruz
J. Giddings - LOP
J. Golden
F. Lund - UDP
R. Mireau - OMD
P. Rhoads - EVR
R. Rogers - REG
M. Slayton
D. Thatcher
W. Van Voorhess
X P. Walker - GPA
X K. Wallace
A. Waterhouse
X Area Engineer
X Day File
X Enforcement
X Field Representative
Office of Counsel
X Permit Fil e
DEPT. OF ENVIRONMENTAL PROTECTION
X West Palm Beach
EXTERNAL DISTRIBUTION
X Applicant:
M I SCHOTTENSTEIN HOMES INC
X Applicant's Consultant:
GEE & JENSON EAP INC
X Engineer, County of:
PALM BEACH
X Engineer, City of:
BOYNTON BEACH
X Local Drainage District:
LAKE WORTH DRAINAGE DISTRICT
COUNTY
X Palm Beach -Building Division
-Environmental Res Mgmt.
-Health Dept.
-Land Development Div.
-School Brd., Growth Mgt.
-Zoning Division,
(J.MacGillis)
BUILDING AND ZONING
OTHER
--oaYid Sinclair
Div of Recreation and Park - District 7
F.G.F.W.F.C.
Mr. Ed Dailey, President
Port St. Lucie Plannirg Division
S.W.F.R.P.C. - Glenn Heath
Sierra Club - Central Florida Group
EXHIBIT 1-
_ Shalloway, Foy
IiiIIi Rayman & Newell, Inc.
EngineersIPlannerslSurveyors
1201 Belvedere Road
West Palm Beach, Florida 33405
Phone (407) 655-1151 Fax (407) 832-9390
K. Dan Shalloway, P.E.
Jay G. Foy, P.E.
Gary M. Rayman, R.L.S.
Warren H. Newell
Brian J, LaMotte, P.E.
Keith B. Jackson, P.E.
June 20, 1994
The Honorable Mayor Edward Harmening & City Commission
City of Boynton Beach
211 South Federal Highway
Boynton Beach, FL 33435
RE: JONATHAN'S GROVE SUBDIVISION
SFRN PROJECT #93079
Dear Sirs:
The Technical Review Committee under my chairmanship recommends approval of
the Jonathan's Grove plat conditioned upon the City not releasing the land development
order until such time as the construction plans have been revised to resolve 'Some
remaining minor comments.
All applicable fees have been received and the City Financial Director in conjunction
with the City Attorney's Office has indicated that the surety submitted is acceptable.
Once the Mayor and the City Clerk have executed the mylar plat documents, the plat
should not be released to the developer but rather delivered to the Engineering Department
for further processing.
If you have any questions please do not hesitate to call
. Very truly yours,
Brian J. LaMotte, P.E.
Principal
BJUthw
cc: C. Parker, City Manager
V. Finizio, Dept. City Engineer
M. Haag, City Building Official
a:memo94-156
attachment
cc: Richard Staudinger - Gee and Jenson
c:memorancl
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-291
AGENDA ITEM
TO: Planning and Development Board
City Commission
FROM: Vincent A. Finizio
Deputy City Engineer
DATE: October 5, 1993
RE: Jonathan's Grove
Preliminary Plat Submission
This memorandum shall serve as formal notification to the Planning
and Development Board as well as the City Commission that the above
referenced preliminary plat submission, that being Jonathan's Grove,
has attained the nonbinding approval of the preliminary plat and
associated construction plans by the City's Technical Review Committee
under the chairmanship of the City Engineeer.
Jonathan's Grove is a subdivision situated on the east side of
Lawrence Road, south of Hypoluxo Road, and is comprised of 32 single
family residential lots fronting on a public street dedicated to the
City of Boynton Beach, Florida (see attached location plan) .
PROJECT HISTORY
The Jonathan's Grove subdivision preliminary plat documents were
initially submitted to the City of Boynton Beach, Florida on or about
July 1993 and required approximately three formal reviews by the
City's Technical Review Committee, under the chairmanship of the City
Engineer, in order to attain substantial compliance with our City's
Subdivision & Platting Regulations.
The City's Technical Review Committee and the City Engineer have
found the submitted preliminary plat and associated construction plans
to be in compliance with City codes and have acknowledged same by
placing their signature on the submitted plan and plat documents.
Pursuant to City Code of Ordinances, specifically Appendix "CII,
Subdivision and Platting Regulations, Article VIII, Section5D2, this
office herein submits the Jonathan's Grove project to the Planning and
Development Board for comments and recommendations to be subsequently
forwarded to the City Commission for their consideration during the
next regular City Commission meeting of October 19, 1993. Pursuant
to the same code, the Planning and Development Board shall forward
its comments and recommendations to the City Manager for placement on
the agenda of the next meeting of the City Commission, who will either
approve or disapprove the construction plans and preliminary plat and
will direct the City Engineer to so advise the developer of its decision.
"
I
! P~ING
I
."
VIII. DEVELOPMENT PL
A.I
cc:
BIdg, PIa
Eng, UtiI
AND ZONING DEPARTMEMT MEMORANDUM NO. 93-268
(AGENDA MEMORANDUM)
FROM:
J. Scott Miller, city Manager
Tambri J. Heyden, Acting Planning & Zoning Director~
October 14, 1993
TO:
DATE:
SUBJECT:
Jonathan's Grove - File No. 172
Modification to Zoning Conditions
Please place the above-referenced item on the City Commission
agenda for Tuesday, October 19, 1993 under Development Plans -
Consent Agenda.
DESCRIPTION: Request for modification to conditions relative to
wall location, lot depth, lot width and lot layout, imposed at time
of rezoning to R-1A. The project is a 10 acre parcel located on
the east side of Lawrence Road, approximately 1,000 feet south of
Hypoluxo Road.
RECOMMENDATION: The Planning and Development Board unanimously
recommended approval of the above-referenced request, submitted by
Scott Bennewitz of Gee and Jenson, subject to construction of a six
(6) foot high buffer wall to be located fifteen (15) feet south of
the northern boundary of the project.
."
tjh
A:PM93-268
Attachments
..
,
,
'"
PLANNING PND ZONING DEPARTMENT MEMORANDUM NO. 93-263
TO: Chairman and Members
Planning and Development Board
FROM: Tambri J. Heyden
Acting Planning and Zoning Director
DATE: October 7, 1993
SUBJECT: Jonathan's Grove - File No. 172
Modification to conditions of zoning
On June 20, 1989, the City Commission approved ordinances for
annexation, land use amendment and rezoning of the parcel known as
Jonathan's Grove. This approval was contingent upon the following
stipulations:
a) a minimum lot size of 9,590 square feet,
b) a minimum lot frontage of 70 feet,
c) construction of a wall, not to exceed 6 feet in height,
on the north boundary of the property,
d) a minimum living area of 1800 square feet, and
e) all staff comments which were not in conflict with the
above stipulations. (These include all comments
contained wi thin the Planning Department memorandum dated
December 9, 1988, the Forester's. memorandum dated
December 5, 1988 and all comments on the master comment
sheet within the materials presented at the meeting to
the Commission. These comments are attached as Exhibit
"A" and are summarized below.)
1. Property to dedicate right-of-way for Lawrence
Road 40 feet from centerline within 45 days of
annexation.
2. Should this request be approved as submitted
under the R-1A zoning district, the applicant
shall plat the property as shown on the
conceptual plan with a minimum lot size of 70
feet bv 137 feet. (See Exhibit "B" for
conceptual plan.)
3. The applicant shall submit a tree survey.
4. The applicant shall submit a plan preserving,
as much as possible, the existing grove of
trees.
5. The applicant shall prepare a tree management
plan for on-site protection of trees during
construction.
Since the Commission's June 15th, 1993 subdivision variance and
July 20th, 1993 approval of the Jonathan's Grove master plan, the
applicant has been undergoing preliminary plat review. During the
preparation of the preliminary plat, it was determined that a
modification to conditions of the 1989 zoning approval was
necessary. Pursuant to Section 9.C.14.b of the zoning code,
modifications to conditions of zoning for conventional zoning
district require review and recommendation by the Planning and
Zoning Department and Planning and Development Board and approval
by the City Commission.
As shown on the proposed preliminary plat (Exhibit "C") I the
modifications requested are to zoning conditions c) and e) 2 above.
-1-
TO: Planning and Development Board
-2-
October 7, 1993
Specifically, the modifications include the following:
1) location of the wall fifteen feet south of the northern
boundary of the property rather than along the northern
boundary,
2) reduction in the minimum lot depth of 137 feet for lots
1 - 14 and lots 16 and 17 (lots 1 - 14 are less than one
foot short of 137 feet, lot 16 is short 20 feet and lot
17 is short 25 feet; lots 15 and 18 are clearly excepted
from this minimum depth on the conceptual plan),
3) reduction in the minimum lot width of 70 feet for lot 1
(lot 1 is 65.91 feet wide), and
4) creation of lots 16 and 17 as shallow, "dog-leg" lots
(these lots were shown on the master plan as "dog-legs",
however their configuration has been altered due to the
changed drainage design).
The applicant has submitted a letter (see Exhibit "D") explaining
what changes of circumstances have occurred to necessitate the
requested modifications. To summarize, these circumstances include
design development of storm water management facilities and hard
engineering involving survey data. ~
The zoning code states that the determination of what constitutes
a substantial change shall be within the discretion of the city
Commission. It further states that any proposed changes that would
increase the number of stories, or increase the amount of water
consumed, the amount of sewage collected, or the amount of traffic
generated by more than 10 percent, or that would create commercial
or industrial uses where not established by previously approved
zoning, or that would increase the area of property zoned, shall in
all cases require a new zoning application. In order to increase
the. deficient lot sizes, a private road would have to be
substituted for the public road proposed to allow encompassing road
area within lot area and the storm water management tracts would
have to be substituted for easements on lots. No visual
improvement to the project would be gained by these solutions.
Therefore, based on this conclusion, it is recommended that the
requested modifications relative to lot size be considered as
nonsubstantial changes and that they be approved as presented on
the preliminary plat.
With respect to the proposed wall location, it is believed that due
to its long, uninterrupted expanse which traverses all the northern
lots, it will be difficult to access for maintenance purposes and
effectively reduces lot depth. The wall requirement was imposed to
buffer the large lot homes immediately to the north. If the wall
becomes unsightly, its intent is diminished. Therefore, it is
recommended that the applicant further explore, with Florida Power
and Light, locating the wall along the northern project boundary.
~ ~
J~ a ~~/
Tambri J. Heyde
tjh
A:JGrvZonM
xc: central File
~ 1.-
COMMENTS ON ANNEXATION
MUNICIPAL STAFF
Increased Increased Other
Department Personnel Capital Comments
City Clerk No No None
Planning No No See attached
Forester/
Horticulturist No No See attached
Utilities No No See attached
Public Works No No See attached
Management Services No No See attached
Finance No No None
Police No No None
Fire No No See attached
Library No No None
City Engineer No No None
Building Official No No None
Personnel and
Purchasing No No None
Parks and Recreation No No None
PALM BEACH COUNTY
Planning, Building
and Zoning
..
See attached
-Jj-
MEMORANDUM
December 9, 1988
TO: CHAIRMAN AND MEMBERS
PLANNING AND ZONING BOARD
FROM: CARMEN S. ~ZIATO, PLANNING DIRECTOR
RE:
JONATHON'S GROVE
STAFF COMMENTS
Please be advised of the Planning Department's comments in
connection with the above-referenced request.
1. Property owner to dedicate right-of-way for
Lawrence Road 40 feet from centerline within
45 days of annexation.
2. Should this request be approved as submitted
under the R-1-A zoning district, the applicant
shall plat the property as shown on the
conceptual plan with a minimum lot size of
70 feet by 137 feet.
^'
(l.n~ ~ ~..( ~".J:.
CARMEN S. ANNUNZI
CSA:ro
cc Central File
,-.
-,b -
MEMOR-ANDUM
TO:
Carmen Annunziato, Planning Director
FROM:
Kevin J. Hallahan, Forester/Horticulturist
DATE:
December 5, 1988
RE:
Jonathan's Groves - Proposed Annexation
This memorandum is in reference to the tree
site plan submitted for the above project.
old citrus tree grove consisting of rows of
is also required to submit the fOllowing in
survey.
survey and conceptual
The site contains an
trees. The developer
addition to the tree
1. A plan preserving as much as possible the existing grove
trees in accordance with the Comprehensive Plan (section 29,
3.2.3.4.2.2, pg. 86). The plan as submitted does not make
mention of preservation methods.
2. In accordance with our City Tree Preservation Ordinance
#81-21, section 7.5-12, p. 598, the applicant must prepare a
tree management plan for on site protection of trees during
construction. The plan is also pa~t of section 7.5-15, pg.
600.
I will discuss these two
C~inUin~for
4~ .,_
K' in J. 1 a an
Forester/Horticulturist
items with the applicant if they are
rezoning to RIA.
KJH:ad
DOC:JONA
-l
BOYNTON BEACH STAFF COMMENTS
Utilities Department:
This area lies within our
designated service and must
be served and supported by
user rates whether or not it
is annexed. Annexation,
therefore, has no impact on
personnel salaries, etc.
Public Works:
This annexation alone will not
create a significant impact on
the operations of this
department.
Management Services:
Need street address and
notification to Palm Beach
County for inclusion in
Master Street Address Guide
for routing of 911 calls to
City of Boynton Beach.
Fire Department:
The sUbject property will be
served by our new Station 3.
~7-
\'
Boar~ of County Commissioners
Carol A. Roherts, Chair
Carol J. Elmquist, Vice Chairman
Karen T. Marcus
Dorothy Wilken
Jim Watt
County Administrator
Jan Winters
Department of Planning, Zoning & Building
December 6, 1988
Mr. Peter Cheney, city Manager
City of Boynton Beach
200 N. Seacrest Blvd.
Boynton-Beach, FL 33435
Dear Mr. Cheney:
Palm Beach County Planning Division has coordinated the review of
the proposed Jonathan's Grove annexation of 9.38 acres. The site
is generally located on the east side of Lawrence Road, approxi-
mately 600 feet south of Hypoluxo Road. County staff comments
are as follows:
1. ENGINEERING, Allan Ennis, Development Review Engineer
No Comment.
2. ENVIRONMENTAL RESOURCES MANAGEMENT, Bob Krause, Environmen-
tal Analyst .
No Comment.
3 .
.,
FIRE-RESCUE, Ed Hines, 4th Battalion Chief
.
,
The subject property is approximately 9 acres in size and is
bordered by the city of Boynton Beach ,on the west side.
Due to its size and location, the impact of this 1and use
change on the delivery of Fire Rescue services is minimal.
A limited amount of revenue will be lost; however,' it will
not adversely effect the overall service delivery system in
the subject area. I
3400 RELVEDERE ROAD WEST PALM REACH, FLORIDA ]3406 . (407) 471-3520
-8-
. 4. METROPOLITAN PLANNING ORGANIZATION, Teresa Cantrell, Senior
Planner I
The staff of the Metropolitan Planning Organization has
reviewed. the proposed annexation submitted by the City of
Boynton Beach, and finds it to be consistent with adopted
agency goals and objectives.
5. PLANNING DIVISION, James Ponseti, Planner
Staff comments are as follows:
A. Planning Division staff is concerned about the creation
of an unincorporated county pocket, adj acent to the
.
proposed annexation on the south. state and county
annexation policy prohibits 'any annexation which
creates a county pocket or enclave, due to their
deleterious effect upon the provision of municipal
services.
B. Staff is also concerned about whether the proposed
annexation is "compact" as defined by section 171.031,
F. S. The parcel proj ects westward from the area of
contigui ty , with an average width to depth ratio of
nearly 4 to 1, thereby creating a finger of municipal
land.
Additionally, staff questions whether the proposed
annexation is "substantially contiguous" as defined by
Section 171.031, F.S. In the absence of more precise
criteria for determining what is "substantially
contiguous," the following analysis is offered.
Approximately 10% of the parcel's boundary is
contiguous to the City of Boynton Beach. Staff does
not believe that this meets the statutory requirement
for substantial contiguity.
The "Palm Beach County Interim Annexation POlicy"
(hereafter, County Policy), adopted August 2, 1988,
requires County Planning Staff to review proposed
annexations for "statutory deficiencies," pursuant to
Chapter 171, F.S. If the proposed annexation is
determined not to be in compliance with statutory
requirements, then the County may take one of the
following actions:
1. The County and the municipality may enter into an
interlocal, agreement as detailed in the County
Policy, or
2. If an interlocal agreement between the County and
the municipality "cannot be executed within 30
days of the adoption of the annexation ordinance,
the County may file a lawsuit to enforce the
-9--
requirements of Chapter 171, F. S . in acdo'rdance
with section 171.081. F.S."
6. UTILITIES, Tim Russell, Director, Engineering Division
No impact - not in PBCWUD service area.
Based on the preceding comments, county staff requests t~at you
postpone any final action on the proposed annexation until an
interlocal agreement can be implemented.
Thank you for the opportunity to review and respond to these
actions.
~~~~
RMM: jp
FILE:Jl/ANNXBBl
cc: BCC
Sam Shannon, Asst. County Administrator
John Lower, Acting Executive Director, PZB
stan Redick, Planning Director
Bill Capko, Assistant County Attorney
Carmen S. Annunziato, Planning Director, Boynton Beach
Allan Ennis, Traffic Engineering Division
Ed Hines, 4th Battalion Chief, PBC Fire-Rescue
Teresa Cantrell, Senior Planner, MPO
Tim Russell, Director, Engineering Division, PBCWUD
_/0 -
MEMORANDUM
~
January 12, 1989
TO: FILE ~2--JONATHON'S GROVE ANNEXATION,
LAND USE AMENDMENT AND REZONING 12/88
FROM: TAMBRI J. HEYDEN, ASSISTANT CITY PLANNER
RE: CONDITIONS OF CITY COMMISSION MEETING JANUARY 4, 1989
FOR JONATHON'S GROVE APPROVAL
The' following conditions were approved by the City Commission on
January 4, 1988 for the Jonathon's Grove request (prior to
transmission to the Department of community Affairs):
1. All staff comments not in conflict with approval of
the request as submitted, more specifically, all
comments contained within the Planning Department
memo dated December 9, 1988, the Forester memo dated
December 5, 1988, and all comments on the master
comment sheet.
2. A minimum 9,590 square foot lot size.
~
3. A minimum lot frontage of 70 feet.
4. A minimum living area of 1,800 square feet.
5. A wall no higher than six (6) feet, along the northern
property boundary is required.
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GII a JENSON
EnginoOtl'Nch.em..fIInMrI. Inc.
Septembor e, 1093
one Harv.w" CIrClt
l1li... P.lm 1lMeh, I=L ~0lI
T"~ (407) 803.3301
Fax (07) 886.14~6
Mr_ Christophor Cutro
Planning & Zoning Director
City of Boynton Beach
P.O. Box 310
Boynton Beach. FL 33425-0310
Re: Jonathan's Grove
Dear Chris.
Tho following response is per your memo of September 02, 1993 requesting that a written
response statin{l what changes of circumstances have caused lots to be reduced. It
should be noted that all minimum lot standards per the rezoning have been met with the
exception of lot depths.
Typical lot depttls of 1 a7' have been maintained wherever possible. The minimum 137'
depth was based upon the Conceptual Master Plan submitted with the rezoning request
which was appmved on January 4, 1989. The 137'Iot depths Indlcatod on this plan were
conceptual In that hard engineering had not been done.
In our preporatic.n of the plat we determined that by holding 137' lot depths on the south
side Of the development and providing a 60' wide roadway that lot depths on the north
side of the road would vary from approximately 136.36' to 136.65' with the exceptfon of
lots located on tile cul-de-sac. The cul-de-sac lots would be shallower but wider in order
to maintain a minimum lot area of 9590 square feet. As stated in Tambri's memo of
August 24, 199~1 8 condition of approval of this zoning action is that it is subject to staff
comments which are not in conflict with the specified development standards. Oonditlon
2 of the staff comments states "Should this request be approved as submitted under the
R1 A zoning dIstrict, the applicant shall plat the property as shown on the conceptual plan
with a minimum lot size of 70 feet by 137 feet". The platUng of this property 8$ sbo)yfl
would be in conflict with the statGd minimum lot size of 70' X 137' as shown on the
preliminary plat.
Another issue unresolved on the Conceptual Master Plan Is water rnanagemel1t concerns.
It is Indicated on the 1989 Conceptual Master Plan that a minimum of 10% of the site
would be ....tililecl for retention purposes but, there was no Indication as to how this would
be accomplished. It would have to be ossumod thot If water management facilities were
included on the pion tl Int troy would have to bo Incorporated within the lots. We have
reduced th~ dOptll of lots 16 and 17 to provide for retention l'lre~s outside of the lot areas.
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Mr. Christopher 'Cutro
Jonathan's Grove
September 8, 1 '193 - Page 2
If the depths of those lots were to be Increased the water management 8r8e1S would helve
to be Included within the lots. The net usable area of the lots would remain the same.
Lots adjacent to the cul-de-sac are less than 137' in depth as were lots located on the
cul-de-sac on thE! 1989 Conceptual Mastor Plan. Lots 1, 3 and 32 had all or portions of
their depths less than 137' on the 1989 plan.
Our adherence tl) the requirement that "'the applicant shall plat the property as shown on
the conceptual plan" has been to the gr~atest extent possible within the confines of
meeting current standards and conditions of the master subdivision approval. It should
bo noted that di3velopment standards for the R1 A zoning district have been met or
excooded for the, project.
It you have any 'questions or need aCldltlonallnformatlon please call.
~(
B. Scott Bennewl lOP
Project Manager
BSB:jer
91-351/200
cc: Glcm Nicotra
Chuck Sharman
Richard Staudinger
-/9-
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MEMORANDUM
UTILITIES DEPT. NO. 93 - 376
DATE: September 2, 1993
TO: Vincent Finizio, Engineering
FROM: John A. Guidry, utilities
SUBJECT: Jonathan's Grove
Preliminary Plat and associated plans
We offer the following comments on this Preliminary Plat:
l) Easements shall be included for the gravity line and
sewage force main to the lift station. The easement for the
gravity main shall be twice the depth of the main. (Sec. 26-
33(b))
2) Clear title for the left station site shall be given to
the city prior to final acceptance of the utilities
improvements (Sect. 26-33(e)).
3) A larger easement may be required for the gravity sewer
through the retention area, so as to allow excavation of the
sewer. A~ ternati vel y, the sani tary sewer may be relocated
toward the center of the easement to obtain the necessary
... clearance. (Sec 26-33(b))
4) Additional easements across the front of each lot will be
required for water and sewer services, the exact size of the
easement being dependent upon final location of the sidewalk.
Note that our standard meter box is l2"x 20". Meter boxes are
not allowed in sidewalks. (Sec. 26-33(b), sec. 26-32)
The following additional comments relate to the plans submitted
with the Preliminary Plat:
. .~
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5) Modify the water and sewer plans to conform to our
standard criteria. A copy of the plans indicating the
required changes has been transmitted directly to the project
engineer. (Sec. 26-32)
6) Payment of a reservation fee of $ 4435.20 is required for
concurrency approval for a period of one year. Alternately,
the applicant may pre-pay all capital facilities charges on
the project and thereby avoid current and future reservation
fees. Reservation fees are due within 30 days of Commission
approval of the Prel iminary PI at, or upon request for my
signature on the HRS/DEP permi t appl ications, whichev
first. (Sec. 26-34(E))
SiP-2.~
1m
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, i
utilities Memo no. 93-376
Vincent Finizio
Page 2
l.
7) The sewage lift station shall. be deepened to allow proper
storage, pump cycling, and capacity for future growth.
Appropriate credits toward the Sewer Capital Facilitie~
Charges will be granted for oversizing the station, in
accordance with the code allowances. (Sec. 26-34)
.../
}
We have no obiection to this preliminary plat qoinq forward for
City Commission action at this time. Please refer any questions
you may have on the above to Peter Mazzella of this office.
JAG/PVM
be: Peter Mazzella
xc: Brian Lamotte/ P.E. (Shalloway Engineers)
Lisa Tropepe/ P.E. "
Tambri Heyden
File
TITLE
Asst. to the utilities Director
Chief Field Inspector
HOURS
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM
FROM:
Brian Lamot~e - Shalloway, Foy, Rayman &
Newell, Inc.
Vincent Finizio - Engineering Department
~h~t;o, Planning and Zoning
Director
TO:
DATE:
September 9, 1993
RE:
Jonathan's Grove
I have reviewed the third submission of the above mentioned
subdivision and have determined that the comments made in my memo
of 9/2/93 to you have been met with the exception of numbers 3 and
8.
Comment number three is an opinion and not based on any code
requirement. Therefore, the applicant can chose to ignore the
comment.
Comment number 8 has been met on the master plan but is missing
from the construction details. If this is the only detail missing
from the preliminary plat, I would suggest that the applicant be
advised to revise the turn-lane section on sheet 3 of the
construction drawing and submit it to you before the Planning and
Development Board meeting. If this can be done the plat can go
forward for Board and City commission review.
Please make sure the attached letter is included in the backup
package for the Planning and Development Board, as well as the City
Commission. This letter explains why the applicant cannot meet the
requirements of the zoning conditions and must be reviewed and
accepted by the City Commission.
If you have any questions please feel free to call me.
Cc/cmc
cc: Scott Benowitz, Gee and Jensen
C:JONGROVE
ENGINEERING DEPARTMENT MEMORANDUM
NO. 93-268
TO: Christopher Cutro, Planning Department
Don Jaeger, Building Official
John Guidry, Utility Department
DATE: September 9, 1993
(Hand-delivered ll:OO a.m.
~ //6] ~2>
~~
..--
FROM: Vincent A. Finizio
Deputy City Engineer
RE: Johnathan's Grove (Third Submission)
Master Plan - Final Submission
Preliminary Plat and Construction Plan(s)
Departmental Request for Review
Please be advised that the Technical Review Committee during their
most recent meeting, agreed that should this submission be found in
a state of compliance with all applicable codes relative to our
City's Subdivision and Platting Regulations, the City Engineer would
direct the plans forward to the P & D Board for their review on
September l4, 1993.
I respectfully request that the above referenced plans be reviewed
by your respective TRC members and that a memo be forwarded to
the undersign's attention no later than l2:00 p.m. September lO, 1993,
specifying whether or not the plans are in a state of full compliance
with City Codes.
Thank you in advance of your cooperation in this matter.
~c,,~~tj'-
attachment(s): Master Plan
Preliminary Plat
Construction Plans
Note: No modified/certified Engineer's Opinion of Cost was resubmitted
with these plans. Plans submitted did not bear Health Department
approvals.
rnr ~ ~ ~~lGl
__.' ~.. ' ,___.::J
I': ',:G A;~D
l.')'; :,.~ [)rpT
cc: Lisa Tropepe, P.E., City Engineer
J. Scott Miller, City Manager
Ut=~
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GK
\~ K 5.
CJ~
MEMORANDUM
TO:
~a~
Chris opher Cutro,
Director
Planning and Zoning
FROM:
DATE: September 2, 1993
RE: Jonathan's Grove Preliminary Plat
As we requested by your office we are submitting the following
comments on the above referenced development.
1.
The applicant should be aware that some of the lots do not meet
criteria set out when the zoning was approved, i.e. 9590 square
feet in size and 137 feet in depth. The applicant should
submit in writing what changes of circumstances have caused lot
to be reduced. This should be added to the backup that goes
to the Planning and Development Board and City Commission.
Since the lots still meet the R1A district requirements
the original zoning approval can be altered as part of the plat
process.
2.
Comment #1 of July 8th memo to Engineering Department has not
been addressed. In addition note on the plat cover "except
fences as approved in the subdivision master plan" should be
removed. The review of the wall and sign should be done under
separate building permit.
Now that the wall location has been pinned down by the
applicant, I question the appropriateness of locating the wall
15' off the rear property line of the north loes. This gives
the lot owner the impression that the 15' does not have to be
maintained and is difficult to get to the other side of the
wall, even though the 15' is part of the lot owner's lot. I
believe that if the City were to take a stance on this, the
applicant and FPL could work this out.
3.
4.
Note #1 on plat regarding utility and drainage easements needs
to be reworded. Drainage and utility easements are
superimposed on the plat, however so are drainage and landscape
easements. As worded, it shifts the burden of drainage
maintenance to the City rather than the POA.
Remove reference to PUD on plat and plat cover sheet.
-2-
6.
The limited access easement that was required on the MP for
Lots 1, 2, 31, and 32 has been removed from the plat and needs
to be reinstated with dedication on the cover sheet of plat.
Also, the limited access easement along Lawrence Road should
be dedicated to Palm Beach County as this road is a county
collector. Interior limited access easement shall be dedicated
to the City.
CJK
D 'fr--? .
Please provide building envelopes for each lot. This should
not be put on the plat but given to us as a separate submittal.
8.
Bike path along Lawrence Road (required on MP approval) has
been removed from paving and drainage plans and no detail
provided.
Someone from Shalloway should verify with Pete Mazella in Utilities
(for water and sewer) and Michael Rumpf in Planning and Zoning
Department (for Solid Waste and Recreation) that we can certify for
concurrency for this project.
Since these comments are straightforward and if you can concur they
can be corrected on the final plat submission.
CC/cmc
c:Jonathans
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO:
Vincent Finizio
Engineering Department
~
~her cutro
Planning and Zoning Director
THRU:
FR0l1 :
Tambri J. Heyden
Planning and Zoning Department
DATE:
August 24, 1993
SUBJECT: Jonathan's Grove Master Plan - File No. 772
Second revised master plan per P & D approval
As requested by Engineering Department Memorandum No. 93-252,
please be advised of the following comments relative to the latest
revised, Jonathan's Grove master plan received from Richard
staudinger August 23, 1993, with cover letter dated August 19, 1993
(only one copy of the master plan was submitted):
1. Comment #1 of my August 17, 1993 memorandum to you has been
addressed.
2. Wi th respect to comment #'2, the version of the Jonathan IS
Grove master plan approved by the Planning and Development
Board is consistent with the project's conditions of zoning
approval in that lots 1-14, lots 19-32, and lots 16 and 17 ar2
showing a lot depth of 137 feet or more; a minimum lot depth
of 137 feet. However, with the first submittal of the plat
document, it has become clear that the difference in the lot
dimensions shown on the first submission of the plat
documents, i.e. - lots 3-14 and lots 16 and 17 no longer a
depth of 137 feet or more; is a result of the applicant's
misinterpretation of the master plan.
Condi tion #5 of the January 4, 1989 zoning approval states
that approval was subject to all staff comments which are not
in conflict with 1) a minimum lot size of 9590 square feet, 2)
a minimum lot frontage of 70 feet, 3) a wall not to exceed 6
feet to be built on the north boundary of the property, and 4}
a minimum living area of 1800 square feet. Condition;:;:2 of
the staff comments from the Planning Department (memorandum
dated December 9, 1988 from the Planning Director), states
that "should this request be approved as submitted under the
RIA zoning district, the applicant shall plat the property as
shown on the conceptual plan with a minimum lot size of 70
feet by 137 feet."
The conceptual plan, which incidentally was used to categoriz~
tIle proj ect approval as a site-specific rezoning for the
purpose of exempting the project from traffic concurrency,
TO: Vincent Finizio
-2-
August 24, 1993
(cont'd. )
2. shows a lot depth of 137 feet for all lots within the project,
except for two lots around the cul-de-sac. Based on this
conceptual plan, comment #2 of my August 17, 1993 memorandum
still stands and thus, lots 1-14, lots 19-32, and lots 16 and
17 shall have a minimum lot depth of 137 feet. Since this
comment has become an issue, the master plan should be revised
to a) indicate, in note form, that the afore-mentioned lots
shall have a 137 foot lot depth and b) show building envelopes
for each lot.
If the applicant wishes to seek relief regarding any of the 1989
conditions of zoning approval, he must file an application with the
Planning and Zoning Department. Such applications are processed
similarly and within the same time frame as a rezoning. Lastly,
Mr. Staudinger states in his August 19, 1993 cover letter that a
portion of the lot calculation sheet for lot areas was enclosed.
His transmittal to me did not include this attachment.
/......,
J4'1.t'k 'QiL'5Jf{L~
Tambri J. H~den .
tjh
A:JGrvMp2
xc: Richard Staudinger
~~~~
\J
TECHNICAL REVIEW COMMITTEE MEMORANDUM
TO:
Robert Eichorst, Public Works Director
Al Newbold, Deputy Building Official
William Cavanaugh, Fire Prevention Officer
Sgt. Mike Kirrman, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
clyde "Skip" Milor, utilities ,Chief Field Insp.
Vincent Finizio, Engineering Department
William C. Archdeacon, Gee & Jenson Consulting Engineers
FROM:
Dorothy Moore, Zoning & Site Plan Reviewer
DATE:
August 23, 1993
RE:
Technical Review Committee Meeting
Tuesday, August 31, 1993
Please be advised that the Technical Review Committee will meet uu
Tuesday, August 31, 1993, at 9:'00 A.H. in Conference Room "C" (West
Wing) to discuss the following:
MASTER PLAN MODIFICATION
Quail Run, Tracts 4, 5, and 6 - PUD
NOTE:
Please return all plans and comments f01- the above
project to the Planning and Zoning Director by Friday,
August 27, 1993.
The City Engineer will
following:
,- -
1.)1:
chairman
for
the meeting to discuss the
PRELIMINARY AND FINAL PLAT
Jonathan's Grove - PUD - MI Homes.
Technical Review Committee
Page 2
FINAL PLAT
Lawrence Grove - Plat 2 - PUD.
Questions regarding the preliminary and/or final plat shall be directed
to the Engineering Department.
~~~
Dorothy Moore !
Zoning & Site Plan Reviewer
DM/jrn
cc: MEMO ONLY
J. Scott Miller, city Manager
City Commission (5)
Don Jaeger, Building Official
Ed Allen, Fire Chief
Charles Frederick, Recreation & Parks Director
Thomas Dettman, police Chief
John Guidry, utilities Director
Steve Campbell, Fire Department
Bob Gibson, Public Works
Central File
Christopher cutro, planning & Zoning Director
Tambri Heyden, Senior planner
Mike Haag, zoning and Site Development Administrator
Project File
Chronological File
A: TRCTUES . Jlvi
r
\ \
\ '1
, )
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-246
TO:
Christopher Cutro, Planning & Zoning Director
&
All Technical Review Committee Members
FROM:
vincent A. Finizio, Deputy City Engineer
DATE:
August 19, 1993
RE:
Jonathan's Grove
Submission of Preliminary and Final Plat (Concurrent Review)
Gee & Jenson Engineers, Inc. for M/I Homes
Departmental Request to Place Preliminary and Final Plat on
August 31, 1993 TRC Agenda
Request for Departmental Comments
Provided herein, please find a resubmission of development plans
relating to the above referenced plat submission.
Please place the above referenced subdivision plat and development
plan documents for consideration on the August 31, 1993 Technical
Review Committee meeting agenda and be prepared to discuss your
comments at that time.
Any and all staff comments should be addressed to the undersigned,
as I will be responsible to coordinate the transmission of said
comments to the City Engineer for his/her consideration and review.
Should you require any additional information and/or assistance,
please contact me at ext. 488.
J..~~~ ~
Vincent A. Finizio ~
VAF/ck
.;,;~.
cc: J. Scott Miller, City Manager
Don Jaeger, Bldg. Official
fn)
,.t I'
11'9.
j
Cost of Surveying & All Required Improvements
Onslte & Offsite
Jonathan's Grove Subdivision - Required Improvements
Estimate of Probable Construction Costs
A. Offsite Improvements (Lawrence Road)
1. Turnlane and Paved Shoulder U/P Total
=
a. 1 Y2M Type II ACSC 550 sy 3.00 1,650.00
b. 8M Limerock Base 550 sy 4.10 2,255.00
c. 12M Stabilized Subgrade 550 sy 1.60 880.00
2. Sodding on Lawrence Road 850 sy 1.50 1.275.00
$6,060.00
TOTAL OFFSITE REQUIRED IMPROVEMENTS $6,060.00
B. Onsite Improvements
1. Water Distribution System
a. 8MWm 1240 LF 9.75 12,090.00
b. 8M Gate Valve & Box 1 each 600 600.00
c. 16M X 8M Tapping Sleeve
& Valve LS LS 2,000.00
d. F.H. Assembly 2 each 1500 3,000.00
e. Sample Points 2 each 150 300.00
f. Fittings 900lbs 1.40 1,350.00
g. Double Water Service 16 each 200 3.200.00
$22,540.00
2. Wastewater Collection System
a. Lift Station w/access Road LS LS 42,000.00
b. 4M FM 100 LF 6.00 600.00
c. Connect to Ex. Fm including
Pavement restoration LS LS 1,000.00
d. 8M Sanitary Sewer 8'-12' depth 940 LF 16.00 15,040.00
e. 8M SS 12'-16' depth 470 LF 21.00 9,870.00
f. SS Manholes 8'-12' depth 2 each 1600 3,200.00
g. SS MH's 12'-18' depth 3 each 2000 6,000.00
h. SS - Double services 14 each 250 3,500.00
i. SS - Single services 4 each 150 600.00
$81,810.00
Page 1 of 2
. .---. -~_. .--- -_._~_..-._-
3. Paving & Drainage System
a. Clearing & Grubbing
b. Regular Excavation
Burrow Excavation
c. Goldfinch Way
12- Stab. Subgrade
6- Stab Shoulder
8- Limerock Base
1Y2- Type II Acsc
d. 4 - Concrete sidewalk
e. 6- Concrete sidewalk
f. Concrete Valley Gutter
g. Inlets
h. Storm Manhole
i. 18- RCP
j. Signing & Striping
k. Riprap
I. Sod
4. Construction Su rveying & Layout
5. Street Lights
U/P Total
======-
9.6 Acres 500
3,360 cy 1.90
25,250 cy 3.50
4,800.00
6,384.00
88,375.00
3,450 sy 1.60 5,520.00
860 sy 1.50 1 ,290.00
3,260 sy 4.10 13,366.00
3150 sy 3.00 9,450.00
720 sy 7.00 5,040.00
290 sy 7.50 2,175.00
310 LF 6.00 1,860.00
2 each 1400 2,800.00
1 each 1500 1,500.00
310 LF 20.00 6,200.00
LS LS 1,200.00
25 sy 4.00 100.00
20,900 sy 1.50 31.350.00
$181,410.00
LS LS $4,500.00
3 each 1 ,200 $3,600.00
TOTAL REQUIRED IMPROVEMENTS
(excluding street lights)
$296,320.00
ONSITE (excluding street lights)
OFFSITE
STREET LIGHTS
$290,260.00
$6,060.00
$3,600.00
:jer
91-351
08/17/93
.1" '" -.,
'<6{ \/11'(3
Page 2 of 2
,
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TECHNICAL REVIEW COMMITTEE MEMORANDUM
TO:
Robert Eichorst, Public Works Director
Al Newbold, Deputy BUilding Official
William Cavanaugh, Fire Prevention Officer
Sgt. Mike Kirrman, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Clyde "Skip" Milor, utilities, Chief Field Inspector
Vincent Finizio, Engineering Department
William C. Archdeacon, Gee & Jenson Consulting Engineers
FROM:
Dorothy Moore, Zoning & Site Plan Reviewer
DATE:
August 9, 1993
RE:
Technical Review Committee Meeting
Thursday, August 12, 1993
Please be advised that the Technical Review Committee will meet on
Thursday, August 12, 1993, at 9:00 A.M. in Conference Room "C" (West
Wing) .
The City Engineer will be chai'rman for the meeting to discuss the
following:
PRELIMINARY PLAT:
Jonathan's Grove - PUD - MI Homes
SUBDIVISION VARIANCE
Via Lago - Phase II - Unplatted land.
Applicant seeks relief
Regulations Article XIV,
from Appendix c, Subdivision
Section 4A, " Permits" .
and
Platting
Questions regarding the preliminary plat or the variance shall be
directed to the Engineering Department.
%)~>-.r{~' ~~ '" ./
Dorothy Moore
DM/jm
Technical Review Committee
Page 2
cc: (Memo Only)
J. Scott Miller, City Manager
City Commission (5)
Don Jaeger, Building Official
Ed Allen, Fire Chief
Charles Frederick, Recreation & Parks Director
Thomas Dettman, Police Chief
John GUidry, utilities Director
steve Campbell, Fire Department
Bob Gibson, Public Works
Central File
Christopher Cutro, Planning & Zoning Director
Tambri Heyden, Senior Planner
Mike Haag, Zoning and Site Development Administrator
Project File
Chronological File
A:TRCTHURS.JM
RECREATION , PARK MEMORANDUM '93-320
TO: Vince Finizio, Deputy City Engineer
FROM:
Kevin J. Hallahan, Forester/Environmentalist ~ ~
Jonathan1s Grove - Preliminary & Final Plat
RE:
DATE:
August 9, 1993
The applicant has submitted a tree inventory and analysis for the
above site in concurrence with the City Comprehensive Plan
(Section 29,3.2.3.4.2.2. page 86). I will be reviewing the
document and coordinating implementation of the results with the
review process. The site grading/fill permit and site clearing
permit must be coordinated with the results of the Tree Management
plan.
KH:ad
CC: ~ke Rumpf, Senior Planner
vklke Haag, Zoning/Site Administrator
ill
AU; ; U 1993
PLANNING AND
ZONINC DE?!
n
GEE & JENSON
Engineers.Architects-Planners, Inc
August 4, 1993
One Harvard Circle
West Palm Beach. FL 33409
Telephone (407) 683-3301
Fax (407) 686-7446
Mr. Kevin Hallahan, Urban Forester
City of Boynton Beach
Recreation & Park Department
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
Re: Mil Homes - Jonathan's Grove Site
Tree Inventory & Analysis
Dear Kevin,
As required by the City's Comprehensive Plan (Section 29, 3.2.3.4.2.2, page 86) and in
accordance with the City's Tree Preservation Ordinance (No. 81-21), we are hereby
submitting this evaluation of the existing trees on the aforementioned site with Graphic
Aerial interpretation attached, as well as the tree preservation measures we propose to
adopt as part of the site's development approval. This submission may also be
considered in conjunction with the Preliminary & Final Plat applications made to the City
for this site on August 2, 1993.
BACKGROUND
The ten (10) acre site zoned R1 A is used as a citrus grove and
has approximatel The average size of
these trees range e een an 15 feet. e es Imate the average age
to be approximately 30 years old, with some younger trees appearing to
have been planted in voids left as older trees died or were removed for
other reasons. Our inventory of these trees was conducted on July 2nd,
1993 and our evaluation was based on a February, 1992 Aerial Photo
printed at 60' scale and supplied by Fairchild National, Inc.
EVALUATION
Referring to the attached Graphic Overlay of the Aerial, you will note the
use of color dots marking each citrus tree on-site. These various colors
place each tree in one of the three following categories:
n
Mr. Kevin Hallahan, Urban Forester
City ot Boynton Beach
August 4, 1993
Page 2
_- Total of_trees
This identifies trees which are generally healthy, exhibit little
or no disease or insect infestation, have appropriate height to
spread relationship, and would appear to be a viable fruit
producer. In our opinion, they would typically be graded
Florida No. 1 or better, under guidelines accepted by the
State Plant Board, Department of Agriculture - Florida.
_ Total o.ees
These trees exhibit serious signs of stress or poor health,
have substantial amounts of deadwood in the canopy, and in
most cases have secondary disease or insect infestations (Le.
fungal growth, borers). Some of these trees, due to the
amount of deadwood, now have poor height to spread
relationship and may also be supporting a heavy growth of
vines and/or Brazilian Pepper. Either of these will further
affect the tree's continued ability to survive by outgrowing the
Host, if allowed to remain.
Red - Total of 255 trees
These trees should be considered as dead. The canopy of
the tree is virtually 100% deadwood and in some cases has
begun to breakdown. Others have been completely taken
over by vine or Brazilian Pepper growth and serve merely as
structural support. If this was an actively managed grove,
these would have been removed long ago.
It we consider the value of this grove from an purely agricultural standpoint (Le. for fruit
production), we would have to conclude that almost all of the trees have exceeded their
useful life span. In speaking with Ms. Barbara Dwyer of Knollwood Groves, the citrus
trees reach maturity in about 7 to 8 years and remain viable fruit producers to about 30
years ot age. Even though the trees may live to 50 years plus, after the 30 year point,
the amount of fruit given by the tree begins to drop, and the amount of care required to
keep the trees healthy increases annually. She states this as the reason why citrus
n
Mr. Kevin Hallahan, Urban Forester
City of Boynton Beach
August 4, 1993
Page 3
growers seek to "turn-over" the typical grove in the 20 to 30 year time frame. This is
accomplished by the introduction of new young trees in the spaces between the older
trees (if tree placement permits) or selective removal and replacement as older trees go
into decline, so that by the 30 year mark, the entire grove has been replanted. During
a subsequent discussion with Clayton Hutcheson, Palm Beach County's, Agricultural Ext.
Agent, he mentioned that on larger groves in fact, the growers would typically undertake
mass removals and replacements of selected tracts on an yearly basis, with the same
goal of achieving, turn-over in 20 - 30 years.
The subject site it would appear, has not been actively "managed" with the goal of
continuing citrus production for quite a few years, although harvesting of fruit has
continued annually. In summary then we must question the value of preserving
"marginal" trees on this site under the guise of Agricultural Lands Preservation, a policy
set forth in the City's Comprehensive Plan. Furthermore, we would suggest that this
policy should not even apply in this case since the City in fact, has allowed the zoning
classification of this site to be changed to a residential category rather than agricultural,
the latter of which surely would have been a more effective way to insure preservation.
RECOMMENDATION
The above points not withstanding, we can however propose a tree
preservation/relocation strategy for the site if for no other reasons than to enhance the
.Grove" theme and preserve some larger trees (larger than typical new landscape trees)
for buffering within and around the project. This strategy is of course contingent upon the
grading and drainage alterations required to develop the site. You see, frequently it
would appear on a purely site plan based evaluation, many trees fall within non-paved
areas of the site, or outside the proposed building envelopes, and could therefore be
preserved. This is not however the case. Finish grades may frequently be 2411 or more
higher than the existing elevations, and thus the trees would not survive. There are
however four (4) areas where preservation might be possible if our projected grading
scheme holds true. They are described below with quantities of affected trees provided.
A. Rear of lots 1 through 16
(between wall & building envelopes)
12 green classified trees
35 yellow classified trees
n
Mr. Kevin Hallahan, Urban Forester
City of Boynton Beach
August 4, 1993
Page 4
B. East Side of Lots 16 & 17
(in 7.5' setback and along Maintenance berm adjacent to retention)
5 green classified trees
2 yellow classified trees
C. Rear of Lots 17 through 32
(Next to drainage easement; sometimes this falls in a building envelope, the impact
of which cannot be evaluated until an actual model is selected for construction on
a specific lot, at time of purchase)
30 green classified trees
17 yellow classified trees
D. Project Entrance & Lawrence Road Preserve/Landscape Tracts
3 green classified trees
8 yellow classified trees
Additionally, there are 24 green and 31 yellow (classified) trees that fall within the front
yards of all the lots, which might be preserved if they do not interfere with garage entries.
This equates to the following estimates of tree quantities that every effort will be made
to preserve in place, where conditions permit:
74 - green classified trees
93 - yellow classified trees
All of these, if preserved, we now assume could be used towards fulfilling the projects
landscape requirements under City code.
The trees targeted for preservation will be tagged by representatives of our office, and
could be verified by your inspection prior to commencement of any clearing activities
on-site. All tagged trees would be protected in accordance with Section 7.5 of the City
code (Tree Preservation Ordinance) under procedures established in the "Tree Protection
Manual for Builders and Developers" issued by the Division of Forestry - State of Florida.
Relocations of additional trees beyond those identified for preservation above may be
made at Mil Homes discretion, to enhance the "Grove" theme or to further fulfill the
projects landscape requirements.
n
Mr. Kevin Hallahan, Urban Forester
City of Boynton Beach
August 4, 1993
Page 5
If trees identified for preservation do end up in conflict with construction, every effort will
be made to relocate them, with removal being only the last resort. Nevertheless, as a
result of a consultation with Mike Zimmerman of "Zimmerman Tree Service", a
professional aborist with tree relocation experience, and Clayton Hutcheson, who
consulted for the Boca Grove project developers which attempted a similar preservation
scheme, only the most vigorous trees (green classification) could be considered
candidates for relocation. Both suggested an approach that dealt first with whatever
preservation could be accomplished, and then a landscape program that would include
the new planting of young citrus to supplement those saved on-site. This is exactly the
strategy we propose to adopt.
In closing we would like to reiterate MIl Homes intent to preserve as many of the citrus
trees as feasible for this project. We also feel that considering the overall poor condition
of the grove, and the City's lack of clear policy with regards to this type of preservation,
MIl Homes should not be asked to replace or provide new landscaping beyond that which
would normally be required for a project of this type and size. It is our expectation that
you can agree with and recommend approval of this overall Preservation concept.
Please note that we sent along with this report the full size mounted aerial with overlay
for your use, as well as color laser copies, but ask that you please return the original
when your review is complete. Please do not hesitate to call should you have any further
questions on this matter, or require additional information.
Very truly yours,
~~n~~~~~g No. LA-1156)
Landscape Architect
BAN:jer
Attach.
91-351.00/100
cc: Chuck Sharman
Scott Bennewitz
ENGINEERING DEPARTMENT MEMORANDUM 94-221
TO:
Utility Department
Building Department
Police Department
Planning Department
~am Hukill, P.E., City Engineer
July 28, 1994
JONATHAN'S GROVE/PRE-CONSTRUCTION MEETING
FROM:
DATE:
RE:
The agent for Jonathan's Grove, Richard Staudinger, has requested
a Pre-construction meeting be held at 2 P.M. Wednesday August 3rd
in Conference Room B in the West Wing. Representation by your
Department will be both helpful and informative.
WVH/ck
C:JONGROVE.PRE
xc: Vincent Finizio
Ken Hall
Jim Du Vall
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-219
TO: Carrie A. Parker
j;anager
FROM: . . aJ;n Hukill, P.E.
ngineer
DATE: July 27, 1994
RE: JONATHAN'S GROVE
I have today received your July 22nd memo regarding finalization of
this plat. Mr. Staudinger of Gee & Jenson informed me this
afternoon that each of the three items appearing in Mr. LaMotte's
July 14th memo have been resolved to Mr. LaMotte's satisfaction and
will show up on documents to be submitted shortly for plat
approval. Mr. LaMotte has confirmed his satisfaction with the
corrections by telephone this date.
Mr. Haag also today confirmed that he has properly executed HOA
documents, though they are not recorded. The attached letter from
Mr. Finizio to Shalloway, etal on this subject is self explanatory.
The Attorney for MI Homes, Mr. Curtis Shenkman, prefers to record
the HOA documents with the plat, not separately, but will
accommodate our wishes.
I do not foresee any delay by staff in processing once the final
plat is delivered.
WVH/ck
C:JONGROVE.CM
attachment: July 22nd V. Finizio letter to Shalloway
xc: James Cherof, City Attorney
vincent Finizio, Dep. City Enginee
Mike Haag, zoning/Site Admin.
JUl 2 11994
C/C-
PlANNING AND
ZONING DEPT.
ill
?lie City of
13oynton 13ecufi
100 'E. tJJoynton tJJuu!t. tJJoufevartf
P.O. tJJox;.310
tJJoynton tJJeadi, 'FforUfa 33425-0310
City:Jfa[[: (407) 734-8111
'FJfX: (407) 738-7459
OFFICE OF THE CITY ENGINEER
July 22, 1994
Shalloway, Foy, Rayman & Newell, Inc.
1201 Belvedere Road
West Palm Beach, FI 33405
Attention: Brian J. LaMotte, P.E.
Re: ~onathan/s Grove
SFRN Project No. 93079
Dear Mr. LaMotte:
The Engineering Department for the City of Boynton Beach, Florida
is in receipt of your July 19, 1994 letter regarding the
Homeowner's documents for the above referenced plat.
Please be advised that on July 20, 1994, legal counsel for the
applicants, have provided a true and complete copy of the signed
Declaration of Covenants, Conditions and Restrictions, Articles of
Incorporation and Bylaws for Jonathan's Grove Homeowner's
Association, Inc.
In accordance with paragraph #2 of your July 19, 1994 letter,
specifically sentence #2, this office will release the plat to the
Developer for recording and will advise you when the recorded plat
is received by this office.
Very truly yours,
CITY OF BOYNTON BEACH, FLORIDA
tJ.
+.6.
Vincent A. Finizio
Deputy City Enginee
VAF/ck
C:JONGROVE.REC
xc: William HUkill, P.E., City Engineer
Tambri Heyden, Planning & Zoning Director w/attach
James Cherof, City Attorney w/attach
~merUa's (jateway to tlie (julfstream
PLANNING AND ZONING DEPARTMENT MEMORANDUM #94-217
TO:
Brian J. LaMotte, P.E.
Shalloway, Foy, Rayman & Newell, Inc.
FROM:
The Office of The city Engineer
/iff A"
Tambri J. Heyden ~~
Planning & Zoning Director
Michael E. Ha~~~
Zoning & Site De~opment Administrator
July 7, 1994
THRU:
THRU:
DATE:
RE:
Jonathan's Grove - HOA Documents
This office does not have a copy of the executed HOA documents.
However, we are in possession of a copy of the pages of the
document that show compliance with our staff comments. Find
attached a copy of the corrected pages.
attachment
c:memo94-217
- I, !.._ '.' ~' L I 'f ,I I~ I! i
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A- '.1 ' _ _ .1 _ . _ _.... I .'_
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or the A"aotation may refu.. to take or 9ive .ueh aatlon or
approv.l without the nee...i~y of e8~abltlhln9 the rea,onablen.,.
of aueh conditions or refusal provided the .ame doe. not violate
the ~.q~irem8ntl of the A~&oei3tion docQment..
Section 6. C~MMON AREA. No per.on ahall USe the Common Area
1n any manner contrary to, or not in accordance with, the
A.8001.tton Oocumente including, the Jul.. and Regulations which
may be ,romu19ated bf ih. A88oclation, O~ Juah traffic reoulation
which may be adopted by the As.octation.
section? .D2lL1ElP RIGHTS. I1'he ASlociation may exerct.. any
other ri9ht or prfvf1eoe given to it GHPr...lr by ttii. Declaration
or the Bylawl, and every other rt;ht o~ prtv1 -98 r..acnably to be
1mplied t~om the existence ot any right or p~tv!leg. given to it
herein or I'...onablv neee.earv ~o tf!eotuate any .udh rtqht Ot'
pl'ivi,1.9Q.
ARTJCI,! VII
~AlNTENA.NCE
Seat:Lon ," HAnJ'J'~~~ttCl!: Ql... TIrE COMMON ARE~. The Association
shall be l'e.pons~blQ for the ~1ntcnance and repair of the Common
Ar~a. Sp.o~fioally, bh~ prop~rty the Association shall m.1nca!n and
be t'eaponsible for shall include, but not:. be limit.ed to, t.he
followings
(a) ~lqlJ{t~y. Such Soc:uritf system, and other seo\lrity
fGciltt1~8, if any, which 5hall be oparated and maintained for
th~ benefit of .11 Membora Qf the As_ootation.
(b) W~ll~ & ~ence8. All walls, fences, .nd landscapin9 that
are on "or of t.he Common ~:r:eas I 1nolud1no the projeet 's
perim.te~ woll, fano. And the land8c.~ino al . part thereof
whiQh i. upon Lot.. Th. A.,ootae!on .hall not be r8~ponft1bl.
Lo maintatn tho .x~orior ot 8nV wAll of any d~,111nq unit.
The ASlociation shall havI rOBsonabie acoel. to ma1n~ain said
walls, fenoe3 and londaoaping.
(0) Imp~9vem~Ats in Common ~~ell. All other improvements
wh1ch may be constructed within th~ Common Areas, inoluding
lawn, hodges, t~ees and trrig_tton 8vu~om..
(0) rf~i~~l~ +Tee~. It is the r..ponalb111ty of the
ABsoclat1on to mok~ .t\Jre \:hat all preservQd trees 1n the
r.ommon Area ~nd on the Lo~s ar..p~e.8rved an~ maintained in
perpetu1ty. It an ~ndividuol property owner de.fr.. to remove
~ preserved tree, the propert~ owner .hall. r.place ~he romoved
tree with a similar .pecio.s of eHact e.l1per *izQ in
quant1t8t1ve form (Le" if on a" oalipet (~1am.ter) l:.rea is
reMove", an e" caliper l;ree, or two 4" caliper t:reea, mAy be
installtsd].
10
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/
/
/
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S.o~ion 2. HAlKII,ANe~ BY ~. OWK~R. The relPon8ibility of
each Owner to keep his Lot an~ the improvements loo.te~ thereon in
c:ompl Un". wi t:.h the st.andards ptcmulo.tecS by the Boar4 and I in
AQcordanoe with the requirement. of the A..ocl.tion Deolaration
shall b. .. tallow.:
(&) IMorovA~ID~A on Lqt. To maintain, protect, repair ,nd
rept.oa, at h1a own cost and eHpenae, all portion. or hi. Lot
t0gether with all improvement., tnclu4in; lawn land.clplng ,.
oriQinallr in.called, r.~laced, and 'UfPl.m.nt.~ from time to
time, .pt nkler .VI~em, and equipment ooate4 th.~.on, except
anr portion. ~o ~. maintainld, ~'p.it.O and repl.c.~ bV the
AI.ootation .. ma, be determined br the Board of D1recto~..
Such maintenance, proteotion, repa r and ~.plaainQ .hall bt
don. without cH'turbine; the rtvhtl of other. Ownel:'.. In th.
ovcmt that an Ownar shall fail to k.ep hi, Lot and the
improvements locate~ thareon in compliance with the standards
promu19atod by ~he Board, the Association Ihall hay. 8
r~a8onabl$ ri9ht of entry to ~ake emerOency re~air8 and to do
othor work reasonably neeossarv for the proper maintenance and
operation of the Property;
.,
(p) Yar~, & tQ~in~+~ta. Each Owner shall b. fespons1ble tor
the maintonan~. of the landscape matetials, sprinklers, And
lawn. in th.il' rronl: yarcb and their back vereb. The
AaDoo1ation 80ard may determine from time to time to m41n~a1n
the land80ape mate~ial. or .prinkler sy.terns, or lawns, in the
TrQnt yar~ and/or baok yar~ of each Lot, as a Common Expense.
If the Own~r adds approved lan~sc.p. m.~eri.l. to tho Lot,
aal~ materiol. may be maintatnod by bhe A..oa1at1on as aot
tor~h .hove, howev6r, the Association shall not be re8pon.ible
for ~epl~cem~nt of anf lan480ape ma~.ri.l. on ~hQ Lot..
{o} "0 mxte'~Qr Modif~oat~. Mot to modify or Qhange the
AppearanQe O~ design of any portion ot the .x~.r1or of any
5tr.uotu~e or s1te features looatGd on the P~op.rty whioh ar.
in common view without the p~!or wtit~en approval of the Board
at Director.;
t (1) Reaot t;..to Asso\fi,tiotl. To report p~omptlf t.o t.he
Assooiation any defect or need tor repair., mainbenanoe or
replacements for which the Ae.OGia~iQn t. re.pon.ibl&.
(e) ~. Owne~~ shall be roquire4 to moinbain ana
repair the yard l.ight (a), Clnd phOtocell system it any, t.o
conc1nuou8ly Tem~in illum1nftte4 lron dusk to down.
'1
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-193
TO: Tambri J. Heyden
Planning & Zoning Director
July 5, 1994
&
James A. Cherof
City Attorney
FROM: Vincent A. Finizio
Deputy City Attorney
RE: Departmental Request for Status Update
Johnathan's Grove Homeowner's Association Document(s)
City Attorney's and Planning Director's Comments
This office has received the original mylar plat document(s) from
Gee & Jenson for the above referenced plat.
I ask that each of you respond in writing as to whether or not
the Homeowner Document(s) comments generated by your departments
have been satisified, pursuant to the City Commission's approval
of the Final Plat subject to comments.
If the HOA documents are acceptable, please transmit a copy of the
subject documents to my attention, however, if your departments do-
not have executed HOA documents, advise me of same within your
written response.
Your prompt attention in this matter will ensure the timely issuance
of a Land Development Order by the City's consulting engineer.
Thank you in advance of your anticipated cooperation in this matter.
t \.' +.A~zr~
City Attorney - Date Memorandum Delivered 7/5/t:1~ V\4F
City Attorney - Date written response received by Engr. Dept.
Planning Director - Date Memorandum Delivered 7/S'/94- ~
Planning Director - Date written response rec'd by Engr. Dept.
cc: William Hukill, P.E.
City Engineer
Carrie A. Parker
City Manager
ill
" 1I
m
Richard Staudinger, P.E.
Developer's Engineer
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-170
TO:
Carrie Parker
City Manager
FROM:
vincent A. Finizio
Deputy City Engineer
DATE:
June 8, 1994
RE:
Response to City Manager Memorandum No. 94-208
The Engineering Department for the City of Boynton Beach, Florida
is in receipt of your above referenced memo and herein offers the
following response:
1. Your recollection of what was stated at the staff meeting is
partially correct.
2. You were also informed at the staff meeting that the
reconciled master plan and preliminary plat drawings,
necessary for review, were submitted four days late.
3. The Office of the City Engineer did in fact receive an
original draft of the subject documents back in 1993, however
these documents were not transmitted as this office was
informed that changes would occur to the documents and that
updated association documents would be provided in conjunction
with the final plat process. This is evidenced by changes to
Article VII, Section 2(b), (Article VII, Section l(b),
(Article VII, Section l(d), etc.
In closing, I would like to remind you that your Assistant City
Manager visited this office and spend over 1/2 hour with me going
over the applicant's late submission and was fully satisfied with
my position in the matter relative to the required time necessary
to review such sophisticated documents as preliminary plats and
master plans. I must conclude from your memo that he did not
transmit this information to you.
For future reference, please be advised that preliminary plat
documents and master plans can take anywhere from 3 to 5 days, and
in some instances over 10 days to review, therefore, this office is
unable to make II snap decisions II on plans which we have not yet
reviewed.
Should you require any additional information or assistance, please
contact the undersigned at ext. 6282.
00
xc:
Mr. Jim LaRue, Assistant City Manager
Tambri J. Heyden, Planning & Zoning Director
ill m JUN -~c..
PLANNING AND
ZONING EPT.
MEMORANDUM NO. 94-208
TO:
Vince Finizio
Deputy City Engineer
FROM:
Carrie Parker
City Manager
DATE:
June 7, 1994
SUBJECT: JONATHAN'S' GROVE
At the staff meeting of Wednesday, June 1 when I inquired about the status of the final plat
for Jonathan's Grove, you stated that you had only received the Homeowners Association
Documents at five minutes to five on Friday, May 27 and the departments and the attorney
had not had sufficient ti me to review them.
Attached is a letter of transmittal provided to the City where the Homeowners Documents
were transmitted to you by Gee and Jensen on August 26, 1993. Please provide me with
a status report on what happened with those documents and if you transmitted them for
review to the attorney and other City Departments, what were the review comments?
Thank you.
;'l/}, I ,,' fl:, /:
CLA- _(...u jtLC-
Carrie Parker
CP:smb
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PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-155
FROM:
Jim Cherof
city Attorney
Tambri J. Heyden ~~
Planning and Zoning Director
Michael E. Haag~t'~
zoning and Site ev~l~ment Administrator
June 1, 1994
TO:
THRU:
DATE:
SUBJECT:
Jonathan's Grove - File No. 772
Homeowners Association Document Comments
As directed by the Engineering Department, the following comments
are being sent directly to you regarding the above-referenced
documents:
"i. (
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Page 10 - shall include a subsection that lists lawn grass,
hedges, trees and irrigation.
Page 11 - shall include a subsection that identifies the wall
and any associated landscaping located on the individual lot
as being the responsibility of the Association to maintain,
repair and replace
Find attached, a copy of the Homeowners Association Documents.
cc: Brian Lamotte, Shalleway, Fey, Rayman & Newell, Inc.
Vincent Finizio, Deputy city Engineer
a:memo94.155
:,
( /-lA:~~ .<>c:JI 5'/~1/9
cd- L( ;.ro 1M
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PREPARED BY & RETURN TO: WC/53
Curtis L. Shenkman, Esquire
DeSantis, Gaskill & Hunston, P.A.
11891 U.S. Highway One
North Palm Beach, Florida 33408
MIHomes\Jonathan\JonsGrov.Dec\04-06-94
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
JONATHANS GROVE HOMEOWNERS ASSOCIATION, INC.
~CohI""~"/~ ~ II f'l"'/s~
m
-
TABLE OF CONTENTS
I. DEFINITIONS
1.
2.
3.
4.
5.
6.
7.
8.
-19.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
ARTICLES OF INCORPORATION OR ARTICLES
ASSESSMENTS
ASSOCIATION
BOARD OR BOARD OF DIRECTORS
BYLAWS
CITY
"CLASS I LOTS"
"CLASS II LOTS" 0,
COtlloat AREA
COMMON EXPENSES
COMMON SURPLUS
COUNTY
DECLARATION
DEVELOPER
FRONT YARD
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
LOT
MEMBER
OWNER OR UNIT OWNER
PROPERTY
RESIDENTIAL UNIT OR UNIT
SURFACE WATER MANAGEMENT SYSTEM
FIRST MORTGAGE
FIRST MORTGAGEE OR
MORTGAGEE OR MORTGAGEE
II. PROPERTY SUBJECT TO THIS DECLARATION
1. EXISTING PROPERTY
2. ADDITIONAL PROPERTY
III. PROPERTY RIGHTS
,_,c:e~ON AREA
2. GENERAL EASEMENTS
.-'';'
IV. ASSOCIATIQN
1. ASSOCIATION
i
.,' ..
~
1
1
2
2
2
2
2
2
2'
2
2
2
2
3
3
3
3
3
3
3
3
4
4
4
4
4
4
4
4
7
7
.
TABLE OF CONTENTS
V.
MEMBERSHIP AND VOTING RIGHTS
1. MEMBERSHIP
2. VOTING
~
7
7
8
VI. RIGHTS, DUTIES AND OBLIGATIONS OF ASSOCIATION 9
1. OPERATION OF PROPERTY
2. LATENT CONDITIONS
3. AUTHORITY
4. POWERS
5. BOARD ACTION
-/6. E:0MJf0R AREA
7. IMPLIED RIGHTS
9
9
9
9
9
10
10
10
VII. MAINTENANCE
"" t . "{lIJJIftMlifABCB OlP THE CoMMblt""ARSiJr
2. MAINTENANCE BY THE OWNER
1. INSURANCE
2. LOSS OR DAMAGE TO THE COMMON AREA
3. REPAIR AND RECONSTRUCTION
4. OTHER INSURANCE
5. DEVELOPER AS NAMED INSURED
..",....'t
1 1
12
12
12
12
12
12
13
13
VIII. INSURANCE AND CASUALTY LOSSES
IX. CONDEMNATION
X. ASSESSMENTS AND LIEN
1. AUTHORITY OF ASSOCIATION 13
2. GENERAL ASSESSMENTS 13
3. BASIS AND COLLECTION OF GENERAL 14
ASSESSMENTS
4. SPECIAL ASSESSMENTS 15
5. EMERGENCY SPECIAL ASSESSMENTS 15
6. EFFECT OF NONPAYMENT OF ASSESSMENTS 15
1. ASSESSMENTS SUBORDINATE TO 16
INSTITUTIONAL FIRST MORTGAGE
8. ASSESSMENTS MADE TO FINANCE LITIGATION 16
AGAINST THE DEVELOPER
9. EXEMPT PROPERTY 1 7
10. PAYMENTS BY DEVELOPER 17
11. CAPITAL CONTRIBUTION 17
ii
.
TABLE OF CONTENTS
~
XI. ARCHITECTURAL STANDARDS
18
1. ARCHITECTURAL REVIEW BY THE ASSOCIATION 18
2. MODIFICATIONS COMMITTEE 18
XII. TRANSFER OF OWNERSHIP AND LEASING
19
1. NOTICE OF SALE OR LEASE 19
2. GIFT, DEVISE OR INHERITANCE, 20
OTHER TRANSFERS
3. FAILURE TO GIVE NOTICE 20
4. CERTIFICATES OF APPROVAL OR DISAPPROVAL 20
5. TRANSFERS VOID 20
6. EXCEPTIONS 21
XIII. PROHIBITED ACTIVITIES
21
1. GENERAL 21
2. COMMERCIAL ACTIVITIES 21
3. CLOTHES DRYING AREAS 21
4. REMOVAL OF SOD AND SHRUBBERY;
ALTERATION OF DRAINAGE, ETC. 21
5. ARTIFICIAL VEGETATION 21
6. ANTENNAE AND AERIALS 22
7. GARBAGE 22
8. SUBDIVISION AND PARTITION 22
9. TEMPORARY BUILDINGS 22
10. BOATS, MOTOR VEHICLES, TRAILERS, ETC. 22
11. SIGNS 23
1 2. ANIMALS AND PETS 23
13. BARBECUES 24
14. AUTOMOBILE STORAGE AREAS 24
15. INCREASE IN INSURANCE RATES 24
16. FRONT YARDS 24
XIV. REMEDIES, WAIVER AND SEVERABILITY
1. REMEDIES FOR VIOLATIONS
2. WAIVER AND FAILURE TO ENFORCE
3. SEVERABILITY
4. PROCEDURE TO BE' FOLLOWED IN THE
EVENT OF VIOLATION OF CERTAIN
COVENANTS OF THIS DECLARATION
24
24
25
25
25
XV.
DEVELOPER'S RIGHTS AND VETO POWER
1. DEVELOPER'S RIGHTS
2. VETO POWER
27
27
28
iii
.
TABLE OF CONTENTS
~
XVI. MORTGAGEE'S RIGHTS 29
1. NOTICES OF ACTION 29
2. FEDERAL HOME LOAN MORTGAGE 29
CORPORATION PROVISION
XVII. INDEMNIFICATION OF DIRECTORS AND OFFICERS 30
XVIII. GENERAL PROVISIONS 31
1. AMENDMENT 31
2. ASSIGNMENT 31
3. OWNER'S ACCEPTANCE OF COVENANTS, 32
CONDITIONS AND RESTRICTIONS
4. HEADINGS, CAPTIONS AND TITLES 32
5. CONTEXT 32
6. ADDITIONAL USE RESTRICTIONS 32
7. RESTRICTIONS PREVAIL OVER LESS 32
STRINGENT GOVERNMENT REGULATIONS
8. EFFECTIVE DATE OF THIS DECLARATION 32
XIX. TERM 32
iv.
..
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
JOHATHARS GROVE HOMEOWNERS ASSOCIATION, INC.
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
made and executed this day of , 1994 by
JONATHANS GROVE HOMEOWNERS ASSOCIATION, INC., (the "Association"),
and Mil SCHOTTENSTEIN HOMES, INC., (the "Developer").
WHEREAS, the Developer owns the real property platted as
Jonathans Grove P.U.D., recorded in Plat Book ___, Pages ,
of the Public Records of Palm Beach County Florida, (the
"Property"); and
WHEREAS, the Developer wishes to provide for the preservation
and enhancement of property values, amenities and opportunities
within the Property, as hereinafter defined, in order to contribute
to the personal and general health, safety and welfare of the
Property owners and residents therein, and to this end wishes to
subject the Property to the covenants, restrictions, easements,
reservations, assessments, charges, liens and other provisions
hereinafter set forth.
NOW THEREFORE, Developer hereby declares the Property is and
shall be held, transferred, sold, conveyed and occupied subject to
the covenants, restrictions, easements, reservations, assessments,
charges, liens and other provisions hereinafter set forth in this
Declaration of Covenants, Conditions and Restrictions.
ARTICLE I
DEFINITIONS
The following terms, as used in this Declaration shall have
the fOllowing meanings:
Section 1. ARTICLES OF INCORPORATION OR ARTICLES shall mean
and refer to the Articles of Incorporation of Jonathans Grove
Homeowners Association, Inc., a Florida Corporation not-for-profit
attached hereto as Exhibit A and by reference made a part hereof,
and as the same may be amended and supplemented from time to time.
Section 2. ASSESSMENTS shall mean and refer to all general
assessments, special assessments, emergency special assessments and
all other fees, charges and fines levied by the Association against
Unit Owners for sums necessary to provide for the payment of all
Common Expenses and to supply funds for budgetary requi..rements of
the Association and allocated amorrg the Unit Owners.
1
r
Section 3. ASSOCIATION shall mean and refer to Jonathans
Grove Homeowners Association, Inc., a Florida corporation not-for-
profit, and its successors and assigns.
Section 4. BOARD OR BOARD OF DIRECTORS shall mean and refer
to the Board of Directors of the Association, which shall be
responsible for the administration of the Association.
Section 5. BYLAWS shall mean and refer' to the Bylaws of
Jonathans Grove Homeowners Association, Inc., a Florida corporation
note-for-profit, attached hereto as Exhibit B and by reference made
a part hereof, and as the same may be amended and supplemented from
time to time.
Section 6. ~ shall mean and refer to the City of Boynton
Beach, an incorporated municipality created pursuant to Article
VIII of the Constitution of the State of Florida.
Section 7. "CLASS I LOTS" shall mean and refer to any Lot
upon which a Residential Unit has been completed as evidenced by
issuance of a Certificate of Occupancy by the City.
Section 8. "CLASS II LOTS" shall mean and refer to any Lot
which is unimproved or upon which construction of a Residential
Unit has commenced but has not yet been completed, nor received a
Certificate of Occupancy from the City.
Section 9. COMMON AREA shall mean all personal and real
property and improvements thereon owned by the Association for the
common use and enjoyment of the Members.
Section 10. COMMON EXPENSES shall mean and refer to all
expenses incurred by the Association in connection with its
ownership, maintenance and other obligations set forth herein,
regarding the Common Area, or as may be otherwise determined by the
Board of Directors.
Section 11. COMMON SURPLUS shall mean and refer to all
receipts of the Association, including, but not limited to,
assessment, rents, profits, and revenues in excess of the amount of
Common Expenses.
Section 12. COUNTY shall mean and refer to Palm Beach County,
Florida.
Section 13. DECLARATION shall mean and refer to this
instrument and all Exhibits attached hereto, and as the same may be
amended and supplemented from time to time.
2
Section 14. DEVELOPER shall mean and refer to M/I
Schottenstein Homes, Inc., an Ohio corporation qualified to do
business in the State of Florida, doing business as MIl Homes, its
successors or assigns if any such s~c~essor or ass~gn acquires any
right, title or interest to or in all. ,or" any portion of the
Jonathans Grove P.U.D., as hereinafter defined, from the Developer
for the purpose of development and is designated by recorded
documents executed by the Presidents or any other officers of the
Developer.
Section 15. FRONT YARD shall mean the area of a Lot from the
street front property line to a plane extending in line with the
rear line of a Residential Unit.
Section 16. INSTITUTIONAL FIRST MORTGAGE shall mean and refer
to a mortgage which is a first lien on a Unit held by a bank,
savings bank, a savings and loan association, insurance company,
real estate investment trust, the Developer, its subsidiaries or
affiliates or any other recognized institution.
Section 17. INSTITUTIONAL FIRST MORTGAGEE OR INSTITUTIONAL
MORTGAGEE OR MORTGAGEE shall mean and refer to the holder of an
Institutional First Mortgage which is also a bank, savings bank, a
savings and loan association, insurance company, real estate
investment trust, the Developer, or any other recognized lending
institution.
Section 18. LOT shall mean and refer to any plot of land
numerically designated and shown or described in any recorded plat
within the real Property which is subject to this Declaration, with
the exception of the Common Area, as herein defined.
Section 19. MEMBER shall mean and refer to every Unit Owner
who shall be required to hold membership in the Association, upon
acquisition of title to his Unit.
Section 20. OWNER OR UNIT OWNER shall mean and refer to the
record Owner, whether one or more persons or entities., of the fee
simple title to any Lot which is a part of the Property and shall
not include those having merely a security interest for the
performance of an obligation in the Property.
Section 21. PROPERTY shall mean the property platted as
Jonathans Grove P.U.D., recorded in Plat Book ___, Page , of
the 'Public Records of Palm Beach County, Florida, and any
additional property which may be made subject to this Declaration
by virtue of amendment hereto.
3
-
Lot conveyed, shall automatically be conferred upon the transferee.
No person or entity holding an interest of any type or nature
whatsoever in a Lot only as security for the performance of an
obligation shall be a Member.
Section 2. VOTING. The Associat ion shall have two classes of
voting membership.
Class A. Class A Members shall be all Owners with the
exception of the Developer, and shall be entitled to one (1)
vote for each Lot owned. In the event a Lot is owned by more
than one individual or by a corporation or other entity, the
Class A member shall file a certificate with the Secretary of
the Association naming the person authorized to cast votes for
said Lot. If the certificate is not on file, the Owner(s)
shall not be qualified to vote and the vote of such Owner(s)
shall not be cons idered nor shall the presence of such
Owner(s) at a meeting be considered in determining whether the
quorum requirement has been met. If a Lot shall be owned by
husband and wife as tenants by the entirety, no certificate
need be filed with the Secretary naming the person authorized
to cast votes for said Lot, and either spouse, but not both,
may vote in person or by proxy and be considered in deter-
mining whether the quorum requirement has been met at any
meeting of the Members, unless prior to such meeting, either
spouse has notified the Secretary in writing that there is a
disagreement as to who shall represent the Lot at the meeting,
in which case the certificate requirements set forth above
shall apply.
Class B. The Class B Member shall be the Developer and shall
be entitled to three (3) votes for each Lot owned. The Class
B membership shall cease and be converted to Class A member-
ship on the happening of any of the following events, which-
ever occurs earlier:
(a) When the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class B
membership, or
(b) Five years after date of transfer of title of the first
Residential Unit, or
(c) Upon the Developer conveying title to all single family
Residential Units located within the Property.
8
w
ARTICLE VI
RIGHTS. DUTIES AND OBLIGATIONS OF THE ASSOCIATION
Section 1. OPERATION .OF PROPERTY. The operation of the
Property shall be vested in the Association and exercised pursuant
to the Association documents and further subject to any other
agreements, easements or restrictions affecting ti tIe to these
lands and to which Developer is a party. Every Unit Owner, whether
he has acquired his ownership by purchase, by gift, conveyance or
transfer by operation of law, or otherwise, shall be bound by the
Association documents. The share of a Unit Owner in the funds and
assets of the Association cannot be assigned, hypothecated or
transferred in any manner except as an appurtenance to his Unit.
Section 2. LATENT CONDITIONS. Notwithstanding the duty of
the Association to maintain and repair parts of the Property, the
Association shall not be liable to Unit Owners for injury or
damage, other than the cost of maintenance and repair, caused by
any latent condition of the Property.
Section 3. AUTHORITY. No Unit Owner, except as a duly
authorized Officer or Director of the Association, shall have any
authority to act for or on behalf of the Association.
Section 4. POWERS. The powers and duties of the Association
shall include those set forth in the Bylaws and Articles of
Incorporation of the Association, but, in addition thereto, the
Association shall have all the powers and duties set forth in
Chapters 607 and 617, Florida Statutes, as well as all powers and
duties granted to or imposed upon it by this Declaration. In the
event of any conflict, this Declaration shall take precedence over
the Articles of Incorporation, Bylaws and applicable Rules and
Regulations of the Association; the Articles shall take precedence
over the Bylaws and applicable Rules and regulations; and the
Bylaws shall take precedence over applicable Rules and Regulations,
and as all of the same may be amended and supplemented from time to
time.
Section 5. BOARD ACTION. Unless the approval or action of
Unit Owners, and/or a certain specific percentage of the Board of
Directors of the Association is expressly required in the
Association documents or by applicable law, all approvals or
actions required or permitted to be given or taken by the
Association shall be given or taken by the Board of Directors,
without the consent of the Unit Owners, and the Board of Directors
may so approve and act through the proper Officers of the
Association without a specific resolution. When an approval or
action of the Ass.ociation is permitted to be given or taken
pursuant to the Association documents, such action or approval may
be conditioned in any manner not in conflict with the requirements
of the Association documents as the Association deems appropriate,
9 .
..
or the Association may refuse to take or give such action or
approval without the necessity of establishing the reasonableness
of such conditions or refusal provided the same does not violate
the requirements of the Association documents.
,I Section 6. COMMON AREA. No person shall use the Common Area
in any manner contrary to, or not in accordance with, the
Association Documents including, the Rules and Regulations which
may be promulgated by the Association, or such traffic regulation
which may be adopted by the Association.
Section 7. IMPLIED RIGHTS. The Association may exercise any
other right or privilege given to it expressly by this Declaration
or the Bylaws, and every other right or privilege reasonably to be
implied from the existence of any right or privilege given to it
herein or reasonably necessary to effectuate any such right or
privilege.
ARTICLE VII
MAINTENANCE
Section 1. MAINTENANCE OF THE COMMON AREA. The Association
shall be responsible for the maintenance and repair of the Common
Area. Specifically, the property the Association shall maintain and
be responsible for shall include, but not be limited to, the
following:
(a) Securitv. Such Security system, and other security
facilities, if any, which shall be operated and maintained for
the 'benefit of all Members of the Association.
,(b) Walls & Fences. All walls, fences, and hedges that are
on any of the Common Areas. The Association shall not be
responsible to maintain the exterior of any wall of any
dwelling unit. The Association shall have reasonable access
to maintain said walls, fences and hedges.
~ (c) Imorovements in Common Areas.' All other improvements
which may be constructed within the Common Areas~
(d) Preserve Trees. It is the responsibility of the
Association to make sure that all preserved trees in the
Common Area and on the Lots are preserved and maintained in
perpetuity. If an individual property owner desires to remove
a preserved tree, the property owner shall replace the removed
tree with a similar species of exact caliper size in
quantitative form [Le."if an 8" caliper (diameter) tree is
removed, an 8" caliper tree, or two 4" caliper trees, may be
installed] .
1 0
.
Section 2. MAINTENANCE BY THE OWNER. The responsibility of
each Owner to keep his Lot and the improvements located thereon in
compliance with the standards promulgated by the Board and, in
accordance with the requirements of the Association Declaration
shall be as follows:
(a) Imorovements on Lot. To maintain, protect, repair and
replace, at his own cost and expense, all portions of his Lot
together with all improvements, including lawn landscaping as
originally installed, replaced, and supplemented from time to
time, sprinkler system, and equipment located thereon, except
any portions to be maintained, repaired and replaced by the
Association as may be determined by the Board of Directors.
Such maintenance, protection, repair and replacing shall be
dona without disturbing the rights of other Owners. In the
event that an Owner shall fail to keep his Lot and the
improvements located thereon in compliance with the standards
promulgated by the Board, the Association shall have a
reasonable right of entry to make emergency repairs and to do
other work reasonably necessary for the proper maintenance and
operation of the Property;
(b) Yards & Sorinklers. Each Owner shall be responsible for
the maintenance of the landscape materials, sprinklers, and
lawns in their Front yards and their back yards. The
Association Board may determine from time to time to maintain
the landscape materials or sprinkler systems, or lawns, in the
Front yard and/or back yard of each Lot, as a Common Expense.
If the Owner adds approved landscape materials to the Lot,
said materials may be maintained by the Association as set
forth above; however, the Association shall not be responsible
for replacement of any landscape materials on the Lots.
(c) No Exterior Modifications. Not to modify or change the
appearance or design of any portion of the exterior of any
structure or site features located on the Property which are
in common view without the prior written approval of the Board
of Directors;
(d) Reoort to Association. To report promptly to the
Association any defect or need for repairs, maintenance or
replacements for which the Association is responsible.
(e) Yard LiahtCs). Owners shall be required to maintain and
repair the yard light(s), and photocell system if any, to
continuously remain illuminated from dusk to dawn.
1 1
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ARTICLE VIII
INSURANCE AND CASUALTY LOSSES
Section 1. INSURANCE. The Association is hereby authorized
to purchase insurance on the Common Area in such amounts and with
such companies as the Board shall deem appropriate, which shall
include a liability policy covering the Common Area with a
liability limit of at least one million ($1,000,000) dollars.
Section 2. LOSS OR DAMAGE TO THE COMMON AREA. In the event
of loss or damage to the Common Area, which loss or damage is
covered by insurance, the proceeds shall be paid to the Association
as insurance trustee for the Members to cover such loss or damage
and shall be applied to the repair, replacement or reconstruction
of the Common Area, and any remaining insurance proceeds shall then
be prorated on an equal basis to all Members.
Section 3. REPAIR AND RECONSTRUCTION. If the damage or
destruction for which the insurance proceeds are paid is to be
repaired or reconstructed, and such proceeds are not sufficient to
defray the costs thereof, the Board of Directors shall, without the
necessi ty of a vote of the Members, levy a special assessment
against all Members. Additional assessments may be made in like
manner at any time during or following the completion of any repair
or reconstruction.
Section 4. OTHER INSURANCE. In addi tion to the other
insurance required by this Section, the Board shall obtain, as a
Common Expense, hazard insurance and worker's compensation
insurance, if and to the extent necessary, to satisfy the
requirements of applicable laws, and a fidelity bond or bonds on
Directors, Officers, employees, and other persons handling or
responsible for the Association's funds. The amount of fidelity
coverage shall be determined in the Director's best business
judgment, but may not be less than three (3) months' assessments,
plus reserves on hand. Bonds shall contain a waiver of all defenses
based upon the exclusion of persons serving without compensation
and may not be canceled or substantially modified without at least
ten (10) days' prior written notice to the Association. The
Association shall also obtain construction code endorsements, steam
boiler coverage, and flood insurance, if and to the extent
necessary to satisfy the requirements of The Federal Home Loan
Mortgage Corporation or the Federal National Mortgage Association.
Section 5. DEVELOPER AS NAMED INSURED. Any policy of
insurance, of whatever nature, which insures any risk connected
with the Property, shall provide that the Developer is a named
insured along with any other named insured so long as the Developer
owns any portion of the Property.
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ARTICLE IX
CONDEMNATION
Section 1. COMMON AREA TAKEN. Whenever all or any part of
the Common Area shall be taken (or conveyed in lieu of and under
threat of condemnation by the Board acting on the written direction
of all Members) by any authority having the power of condemnation
or eminent domain, each Member shall be entitled to notice thereof
and to participate in the proceedings incident thereto, unless
otherwise prohibited by law. The award made for such taking shall
be payable to the Association as trustee for all Members to be
disbursed as follows.
Section 2. RESTORE COMMON AREA IMPROVEMENTS. If the taking
involves a portion of the Common Area on which improvements have
been constructed, then, unless within sixty (60) days after such
taking the Developer and at least seventy five (75%) percent of the
Class A Members of the Association and the Board of Directors shall
otherwise agree, the Association shall restore or replace such
improvement so taken on the remaining land included in the Common
Area to the extent lands are available therefore, in accordance
with plans approved by the Board of Directors.
Section 3. REMAINING FUNDS. If the taking does not involve
any improvement on the Common Area, or if there is a decision made
not to repair or restore, or if there are net funds remaining after
any such restoration or replacement is completed, then such award
or net funds shall be disbursed to the Association and used for
such purposes as the Board of Directors of the Association shall
determine.
ARTICLE X
ASSESSMENTS AND LIEN
Section 1. AUTHORITY OF ASSOCIATION. The Association,
through its Board of Directors, shall have the power and authority
to make and collect Assessments as hereinafter set forth.
Section 2. GENERAL ASSESSMENTS. General assessments shall be
determined annually for the purpose of maintenance and management
of the Association, the Common Area, and for the purpose of
promoting the safety and the welfare of the Members. Without
limiting the foregoing, general assessments shall be used for the
payment of: operation, maintenance and management of the
Association and the Common Area; property taxes and assessments
against and insurance coverage for the Common Area; legal and
accounting fees; maintenance of the streets. and streetscape within
the Property; security costs; reasonable management fees; normal
repairs and replacements; charges for utilities used upon the
Common Area; cleaning services; expenses and liabilities incurred
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of the Property or anticipated expenses by the Association
which are not anticipated to be incurred on a regular annual
basis, shall be excluded from the computation.
Section 4. SPECIAL ASSESSMENTS. The Association shall have
the power and authority to levy and collect a special assessment
from Members for all reasonable purposes including, but not limited
to, the following: the acquisition of property by the Association;
the cost of construction of capital improvements to the Common
Area; the cost of construction, reconstruction, unexpected repair
or replacement of a capital improvement, including the necessary
fixtures and personal property related thereto; and the expense of
indemnification of each Director and Officer of the Association. A
special assessment shall be collectable in such manner as the Board
of Directors shall determine. If a special assessment shall exceed
the general assessment for the Member in that year in which the
special assessment is to be held, it shall require the approval of
the Members of the Association, to be obtained at a duly convened
regular or special meeting at which a quorum exists as defined in
the Bylaws and which is called at least in part to secure this
approval. Approval shall be by an affirmative vote of a majority of
the votes present in person or by proxy.
Section 5. EMERGENCY SPECIAL ASSESSMENTS. The Association
may levy an emergency special assessment when, in the sole
determination of the Board of Directors, there is potential danger
of damage to persons or property. Such emergency special
assessments may be used to pay for preventive, protective, or
remedial construction, reconstruction, improvements, repairs, or
replacements. Events justifying emergency special assessments
include, but are not limited to, hurricanes, floods and fires.
Emergency special assessments shall be collectable from Members in
such manner as the Board of Directors shall determine.
Section 6. EFFECT OF NONPAYMENT OF ASSESSMENTS. The
Association is hereby granted the right to assess and collect late
fees and impose and foreclose liens upon each and every Lot and
upon all appurtenances thereto and improvements thereon, which
liens shall secure and do secure the monies for all Assessments now
or hereafter levied against the Owner of such Lot. Such liens shall
also secure interest and any charges and late fees due and owing on
any delinquent Assessment, as may be determined by the Board. Such
liens shall also secure fines, and all costs and expenses of
collection, including reasonable attorney's fees whether suit be
brought or not, which may be incurred by the Association, in
enforcing the lien. The Association is hereby granted the right to
accelerate the balance of the calendar year's Assessment and to
consolidate said balance with any delinquent amount. The lien for
Assessments shall be a charge on the land. and a continuing lien
upon. the . Lot against which each such Assessment is made. In
addition, each Member shall be personally liable to the
Association, for the payment of' all Assessments, of whatever
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nature, including interest and any charges and late fees or
delinquent Assessments and together with all costs and expenses of
collecting such Assessments including reasonable attorneys' fees
whether suit be brought or not, which may be levied by the
Association.
(a) Interest on Assessment and Acceleration Notice. An
Assessment which is not paid when due shall bear interest from
the date when due at the highest rate allowed by law per annum
until paid, unless otherwise determined by the Board of
Directors. In the event that the Member shall be more than
fifteen (15) days delinquent in the payment of any Assessment,
the Board may, after thirty (30) days prior written notice to
the Member, declare due and payable any and all Assessments
applicable to such Lot for the year in which such delinquency
occurs, and to foreclose said lien at the discretion of the
Board. Payments received will be applied in the following
order: to late fees, interest, costs, attorneys fees, then
assessments.
(b) Lien on Lot. The lien for delinquent Assessments shall
remain attached to the Lot and Residential Unit until
discharged, as provided herein. A Member may not waive or
otherwise avoid liability for the Assessments provided for
herein by non-use of the Common Area or by abandonment of its
Lot or the Common Area.
Section 7. ASSESSMENTS SUBORDINATE TO INSTITUTIONAL FIRST
MORTGAGE. The lien for Assessments shall be subordinate and
inferior to any recorded Institutional First Mortgage in accordance
with Florida law. The Association may, but shall not be obligated
to, maintain a register of Institutional First Mortgagees. The
written statement of the Association that a lien of the Association
is subordinate to a mortgage shall be dispositive of any question
of subordination.
Section 8. ASSESSMENTS MADE TO FINANCE LITIGATION AGAINST THE
DEVELOPER. In the event the Association, on its behalf or on
behalf of some or all of its Members, commences to or seeks to
commence litigation against the Developer based on matters related
to Jonathans Grove and, in regard to such litigation attempts to
levy an Assessment of any nature, to finance such contemplated or
actual litigation or an appeal therefrom, that portion of the
property which is owned by the Developer shall be exempt from such
Assessment.
(a) Nothing contained in the foregoing shall relieve the
Developer of its obligation to pay Assessments on the Property
where required to do so, provided such Assessments are not
used for the purpose of financing litigation, or appeals
therefrom, againsr the Developer.
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Section 9. EXEMPT PROPERTY. The Board of Directors shall
exempt the following property in the Jonathans Grove P.U.D. from
general, special and emergency special assessments, charges and
liens created herein if such property is used, and. so long as such
property is used for the purposes set forth in this Declaration.
Nothing contained herein shall exempt the properties described in
this Section from the requirements as provided in Article VII of
this Declaration. The following property is property for the
benefi t of all Members and residents and shall be exempt from
general, special and emergency special assessments, and charges and
liens related thereto. Costs related to the properties shall be
included in the Assessments made to the Members:
(a) Any easements or other interests therein dedicated and
accepted by a public authority and dedicated to public use.
(b) The Common Area.
(c) To the extent agreed to by the Board of Directors, all
portions of the Property which are exempt from ad valorem
taxation by the laws of the State of Florida.
Section 10. PAYMENTS BY DEVELOPER. In lieu of the payment of
any general assessments, Developer, at its election, shall be
responsible in the first two years of operation of the Property
only for the payment of that portion of the actual Common Expenses
which exceeds the amount paid by Members other than the Developer,
(the "Deficit II). The Developer shall pay the Deficit on a quarterly
basis, as needed for the continued operation of the Association.
Developer may elect at any time within thirty (30) days of the end
of any quarter to pay Assessments attributable to each Lot owned by
the Developer, rather than to pay the Deficit, during the
forthcoming quarter.
Section 11. CAPITAL CONTRIBUTION. All initial purchasers of
Residential Units shall be required to make a one time contribution
of at least $150 per Lot, as may be increased hereafter by the
Developer, available for the purposes and uses as determined by the
Board. Additionally, Owners shall pay the costs to establish an
adequate reserve fund for replacement and/or capital refurbishment
of the Common Areas in the amounts determined proper and sufficient
by the Board. Said initial contribution and subsequent reserve
funds are referred to as the "Capital Contributions". Each Owner
acknowledges, understands and consents that Capital Contributions
are the exclusive property of the Association as a whole, and that
no Owner shall have any interest, claim or right to any such
Capital Contributions or funds composed of the same.
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ARTICLE XI
ARCHITECTURAL STANDARDS
Section 1. ARCHITECTURAL REVIEW BY THE ASSOCIATION. The
Association shall have jurisdiction in only aesthetic matters over
all original construction and landscaping on any portion of the
property. The Association can set architectural standards and
procedures in only aesthetic ~atters which the Unit Owners shall be
required to comply with. The Association shall have full authority
to prepare and to amend the standards and procedures as it deems
appropriate. The Developer may, it its sole discretion, impose
standards for construction and development which may be greater or
more stringent that the Association and/or the local standards
prescribed in applicable building, zoning, or other local
governmental codes.
Section 2. MODIFICATIONS COMMITTEE. The Modifications
Committee (the "M.C.") of the Board of Directors shall have ex-
clusive jurisdiction in only aesthetic matters over modifications,
additions, or alterations made on or to existing Residential Units
or structures and the open space, if any, appurtenant thereto and
any other improvements made upon the Property subject to final
review by the Board of Directors; provided, however, that the H.C.
may delegate this authority, subject to the H.C.'s review, to the
appropriate board or committee of any association, or so long as
the H.C. has determined that such board or committee has in force
review and enforcement practices, procedures and appropriate
standards at least equal to those of the H.C. Such delegation may
be revoked and jurisdiction reassumed at any time by written notice
from the H.C.
(a) The H.C. may promulgate detailed standards and procedures
governing its area of responsibility and practice in only
aesthetic matters. In addition thereto, the following
guidelines shall apply. Plans and specifications showing the
nature, kind, shape, color, size, materials, and location of
such modifications, additions, or alterations, shall be
submitted to the H.C. for approval as to quality of
workmanship and design and harmony of external design with
existing structures, and as to location in relation to
surrounding structures, topography, and finish grade
elevation. Further, the M. C. does not have the right to
approve of plans that are in violation of any county
ordinance, and/or regulations and/or Southern Standard
Building Code. Further, should said municipalities, county,
and/or the Southern Building Code require as a condition
precedent, approval of a municipality, county, and/or a
regional commission, said approval shall be a condition
precedent to submission to the H.C.. Owner shall be
responsible for all building permits, approvals, and
inspections, if any. No permission or approval shall be
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required to repaint in accordance with an originally approved
color scheme, or to rebuild or replace in accordance with
originally approved plans and specifications. Nothing
contained herein shall be construed to limit. the right of an
Owner to remodel the interior of his residence, or to paint
the interior of his residence any color desired, unless said
remodeling or painting is determined by the M.C. to be in
conspicuous view, mandating the necessity of M.C. approval. In
the event that the M.C. fails to approve or to disapprove such
plans or to request addi tional information reasonably required
within forty-five (45) days after submission, the plans shall
be deemed approved.
ARTICLE XII
TRANSFER OF OWNERSHIP AND LEASING
Section 1. NOTICE. In order to maintain a community of
congenial residents who are financially responsible and thus
protect the value of the Property, the transfer of a Residential
Unit by any Member other than Developer shall be subject to the
following provisions, which provisions each Member covenants to
observe:
(a) ~. A Member intending to make a bona fide sale of his
Residential Unit, or any interest therein, shall give to the
Association, notice of such intention, in writing, together
with the name and address of the intended purchaser, and such
other information concerning the intended purchaser as the
Association may reasonably require.
(b) Lease. Any Member intending to make a bona fide lease of
his Residential Unit, or any interest therein, shall give to
the Association, notice of such intention in writing, together
with the name and address of the intended lessee, the term of
the lease, a copy of the lease and such other information
concerning the intended lessee as the Association may
reasonably require. All such leases shall be in writing and
shall be for a term of not less than three (3) months, and a
Residential Unit shall not be leased more than four (4) times
in any twelve ( 1 2 ) month period. Further, all leases of
Residential Units shall provided that the lessee shall be
subject in all respects to the terms and conditions of this
Declaration and that any failure by the lessee to comply with
such terms and provisions shall constitute a material breach
of the lease. The lease may also state who shall be respon-
sible for payment of Assessments which shall be assessed by
the Association, provided however nothing contained in such
lease shall modify. the Member's obligation for payment of
Assessment to the Association. The Association may require
such other lease provisions as it shall from time to time deem
appropriate. Unless expressly provided to the contrary in a
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lease, a Member, by leasing his Residential Unit, automa-
tically delegates his rights of use and enjoyment of the
Common Area to the lessee of the Residential Unit and in so
doing, the Member relinquishes said rights during the term of
the lease.
Section 2. GIFT. DEVISE OR INHERITANCE. OTHER TRANSFERS. An
Owner who has obtained title by gift, devise or inheritance, or by
any other manner not previously mentioned, shall give to the
Association, notice of the acquisition of title, together with such
information concerning the Owner as the Association may require.
Section 3. FAILURE TO GIVE NOTICE. If the above required
notice to the Association is not given, the Association may deny
the unauthorized Owner, lessee or occupant of a Residential Unit
the use of the Common hrea, and may take such other action at law
and/or equity to divest the unauthorized Owner, lessee or occupant
of record title and/or possession of the Lot and the Residential
Unit situated thereon.
Section 4. CERTIFICATES OF APPROVAL.
(a) Timina and processina Fee. Except as otherwise provided
hereinbelow, within ten (10) days of receipt of such notice
and complete information, the Association shall cause a
Certificate of Approval to be executed by any Officer or
authorized agent of the Association. The Association shall
have the right to charge the Member a fee not to exceed fifty
dollars ($50.00) for the processing of this information.
(b) Notice of Disaooroval. In the event that a Member is
delinquent in paying any Assessment or that a Member, his
family, guests, tenants, licensees or invitees are not in
compliance with any provisions of this Declaration, or any
Rules and Regulations adopted by the Association, the
Association shall have the right to disapprove the proposed
sale or lease by sending a notice of disapproval to the Member
within ten (10) days after receipt of notice and information.
In the event the delinquent Assessment is paid or the
violation is corrected, the Association shall cause a
Certificate of Approval to be executed by any Officer or
authorized agent of the Association, with ten (10) days after
receipt of proof satisfactory to the Association, that the
delinquent Assessment has been paid or the violation
corrected.
Section 5. TRANSFERS VOID. Any sale, lease, gift, devise, or
other transfer not authorized pursuant to the terms of this
Declaration shall be void unless a Certificate of Approval of the
Association is subsequently obtained.
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Section 6. EXCEPTIONS. The foregoing provisions of this
Article shall not apply to an Institutional First Mortgagee that
acquires its title as the result of owning a mortgage upon the Lot
concerned, and this shall be so, whether the title is acquired by
deed from the mortgagor, his successors or assigns, or through
foreclosure; nor shall such provisions apply to a transfer, sale,
or lease by an Institutional Mortgagee that so acquires its title.
Neither shall such provisions require the approval of a purchaser
who acquires title to a Lot at a duly advertised public sale with
open bidding provided by law, such as, but not limited to,
execution sale, foreclosure sale, judicial sale, or tax sale, nor
shall such provisions apply to any transfer by the Developer.
ARTICLE XIII
PROHIBITED ACTIVITIES
Section 1. GENERAL. Nothing shall be done on or in any Lot
or Residential Unit which may be or may become an annoyance to the
Association or to any of its Members. In the event of any question
as to what may be or may become an annoyance, such question shall
be submitted to the Board of the Association for a decision in
writing.
Section 2. COMMERCIAL ACTIVITIES. No portion of the Property
shall be used for other than residential purposes and purposes
incidental or accessory thereto, except as may be authorized by the
Developer in connection with the promotion and sale of Residential
Units, or as may be permitted under the Planned Unit Development
Zoning.
Section 3. CLOTHES DRYING AREAS. No portion of any Lot shall
be used as drying or hanging area for laundry of any kind, unless
totally camouflaged from public view.
Section 4. REMOVAL OF SOD AND SHRUBBERY: ALTERATION OF
DRAINAGE. ETC. Except for the Developer's acts and activities in
the development of the Property, no sod, topsoil, muck, trees or
shrubbery shall be removed from the Property or any Lot thereon,
and no change in the condition of the soil or the level of the land
of the Property or any Lot thereon shall be made, which results in
any permanent change in the flow or drainage of surface water of or
wi thin the property, without the prior written consent of the
Board, and the South Florida Water Management District.
Section 5. ARTIFICIAL VEGETATION. No artificial grass,
plants or other artificial vegetation shall be placed or maintained
upon the exterior portion of any Lot, unless approved by the Board.
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Section 6. ANTENNAE AND AERIALS. Except as may be permitted
by the Board, no antennae, satellite dish, aerials or cable
reception equipment shall be placed or erected upon the Property or
affixed in any manner to the exterior of any building.
Section 7. GARBAGE. In order to preserve the beauty of the
Property, no garbage, trash, refuse or rubbish shall be deposited,
dumped or kept upon any portion of the Property except in closed
containers, dumpsters or other garbage collection facilities deemed
suitable by the Board and proper-sized, closed plastic bags for
curb side pickup as required, but no sooner than twelve (12) hours
before the scheduled pickup. Garbage cans should not be loaded to
exceed thirty (30) gallons and shall be on wheels. All containers,
dumpsters and other garbage collection facilities shall be screened
from view from outside the Lot upon which they are located and kept
in a clean condition with no noxious or offensive odors emanating
from them.
Section 8. SUBDIVISION AND PARTITION. The Lots shall not be
subdivided further than as provided in this Declaration or in any
plat of the Property.
Section 9. TEMPORARY BUILDINGS. No tents, trailers, vans,
shacks or other temporary buildings or structures shall be
constructed or otherwise placed upon the property except in
connection with construction, development or sales activities
permitted under this Declaration or with the prior written consent
of the Developer.
Section 10. BOATS. MOTOR VEHICLES. TRAILERS. ETC..
(a) The residents of any Lot may keep within their Lot, in a
designated parking area, no more than one (1) small truck or
van of the type commonly used as a private passenger vehicle,
so long as NO commercial equipment nor lettering or graphics
is exposed. Commercial lettering shall be defined as any
lettering or graphics referring to a commercial business,
undertaking, or service.
{b) No vehicle which is unlicensed or inoperable may be kept
on the Property unless kept fully enclosed inside a garage.
(c) No commercial vehicles of any kind shall be permitted to
be parked for a period of more than four (4) hours, unless the
same is temporarily present and necessary in the actual
construction or repair of a Unit or to the service of the
same.
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(d) No commercial vehicle of any kind shall be parked over-
night, and no boat, boat trailers, buses, or trailers of any
kind, campers, recreation vehicles or mobile homes shall be
permitted to be parked within the Property at any time unless
kept fully enclosed inside a garage, the door to which is kept
closed.
(e) No repair work to any type of motor vehicle, boat or
trailer shall be conducted on any Lot other than very minQr
repairs, cleaning or waxing which is completed in less than 24
hours.
(f) No truck, commercial vehicle, boat, camper or mobile home
shall be used as a domicile or residence, either permanent or
temporary.
(g) No motorized vehicle (including without limitation all-
terrain vehicles or cycles, "dirtbikes" and/or other off-road
recreational vehicles) shall be operated anywhere within the
property except on streets or roadways and then only if the
vehicle and the driver is appropriately licensed.
(h) In addition to other remedies of the Association under
this Declaration, the Board shall have the right to impose a
fine upon any Member for any breach of violation of this
Section, and, in addition, the right to tow away, or cause to
be towed away, any boat, motor vehicle, trailer, etc., placed,
parked or stored wi thin the Property in violation of this
Section. The amount of any fine imposed by the Board and the
cost of any towing and related storage charges, if any,
incurred by the Board, shall be assessed against the
responsible Member and shall become lien upon his Lot or
Residential Unit and shall become effective, and shall be
enforced and collected, in the manner provided in Article X.
Section 11. SIGNS. No signs of any kind, including window
signs, shall be displayed in public view upon any Lot or
Residential Unit, except for the following:
(a) The Developer may place professional signs on the
property, advertising the Property for sale.
(b) The size and design of all signs except those described
in subsection (a) shall be subject to approval by the Board.
Section 12. ANIMALS AND PETS. Only common household pets, no
more than two (2) per species, may be kept upon any Lot or
Residential Unit, but in no event for the purpose of breeding, or
for any commercial purpose whatsoever. No other animals, livestock
or poultry of any kind shall be kept, raised, bred or maintained on
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any portion of Property. Permitted pets shall be appropriately
leashed and controlled in accordance with such Rules and
Regulations as may be promulgated from time to time by the Board.
Under no circumstances shall animals be permitted within the Common
Area, unless in a section of the Common Area expressly designated
for their use by the Board.
Section 13. BARBECUES. Residents and their guests shall be
permitted to locate and use moveable barbecues upon their
respective Lots, provided they are located and used in the rear of
the Residential Units, and shall be subject to such Rules and
Regulations as may be promulgated from time by the Board, and shall
be subject to any City, state or County requirements.
Section 14. AUTOMOBILE STORAGE AREAS. No automobile garage
shall be enclosed or converted to another use.
Section 15. INCREASE IN INSURANCE RATES. No Member shall
engage in any action which may reasonably be expected to result in
an increase in the rate of any insurance policy or policies
covering any portion of the Property not owned by the Member.
Section 16. FRONT YARDS. No fences, walls, or other
permanent/fixed structures are permitted within the Front Yard area
of each Lot, and no more than two air condi tioner uni ts are
permitted between two Residential Unit buildings.
ARTICLE XIV
REMEDIES. WAIVER AND SEVERABILITY
Section 1. REMEDIES FOR VIOLATIONS. Violation or breach of
any condition, restriction or covenant herein contained shall give
to the Developer and/or the Association and/or any aggrieved
Members jointly and severally, in addition to all other remedies
prescribed herein, the right to proceed at law or in equity to
compel compliance with the terms of said conditions, restrictions
or covenants, and/or to prevent the violation or breach of any of
them. The expense of such litigation shall be borne by the Member
who is the subject of the litigation, or by the Association,
provided such proceeding results in a finding that such party was
in violation of this Declaration or a part thereof. Expenses of
litigation shall include, but not be limited to, reasonable
attorney's fees incurred by the party or parties in seeking such
enforcement.
(a) Fines. The Board may impose a fine or penalty on any
Member or occupant of a Residential Unit who does damage to
the Common Area or for willful breach of prohibited activitie.s
after notice and opportunity to remedy, as provided for in
this Article, or may charge such Member or occupant for all
expenses incurred by the Association to repair or repl.ace the
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Section 22. RESIDENTIAL UNIT OR UNIT shall refer to any
dwelling Uni t constructed on a Lot or Lots together with other
improvements constructed thereon within the Property for use and
occupancy as a residence by a single family.
Section 23. SURFACE WATER MANAGEMENT SYSTEM shall mean and
refer to those lakes, canals, water control structures and other
facilities created and used for drainage of the Property and for
recreational purposes, in accordance with the terms of the
Association Documents.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. EXISTING PROPERTY. The initial property which
shall be subject to this Declaration upon the recordation hereof in
the Public Records of the County, is that Property defined and
described herein.
Section 2. ADDITIONAL PROPERTY. Developer may, at any time
and from time to time, subject additional property to this
Declaration by recording in the Public Records of the County an
amendment to this Declaration describing such additional property.
,
ARTICLE III
PROPERTY RIGHTS
Section 1. TITLE TO THE COMMON AREA. Title to the Common
Area within the Property shall be dedicated by the Developer to the
Association free and clear of all encumbrances before the first Lot
is conveyed to an Owner.
Section 2. GENERAL EASEMENTS. Each of the following
easements, as same may now or hereafter be shown on any plat or
plats of record or in any other document filed as to any part of
the Property, are hereby reserved and otherwise created, dedicated,
and conveyed in favor of the Association, all Owners, the
Developer, and their respective licensees, invitees, grantees,
successors, and assigns unless said licensees, invitees, grantees,
successors, and assigns are the subject of an action of the Board
prohibiting their entry onto the Property, and are covenants and
servitudes running with the title to the property:
(a) utilities. An easement for utilities, including, but not
limited to, electricity, telephone,- water and wastewater
services, lift stations, drainage, and irrigation systems, or
as may be required for utility services, including the
maintenance and operation of wells, well sites, and systems
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for drainage, irrigation and effluent areas in order to
~dequately serve all or any part of the Property, and all
1mprovements thereon.
(b) Pedestrian and Vehicular Traffic. An easement for
pedes~rian and vehicular traffic over, through and across the
Goldf1nch Way, but the same shall not give or create in any
person the ri,ght to drive or park upon any portion of the
Property not 1ntended for such common use designated as such
by the Developer. .
(c) Emeraencv Vehicles. An easement for the right of all
lawful emeroencv vehicles. eouiDm~nf- ...nn nCY'"C!,.,nC! -In ,..........~_j.,J__
for drainage, irrigation and effluent areas in order to
adequately serve all or any part of the Property, and all
improvements thereon.
(b) Pedestrian and Vehicular Traffic. An easement for
pedestrian and vehicular traffic over, through and across the
Goldfinch Way, but the same shall not give or create in any
person the right to drive or park upon any portion of the
Property not intended for such common use designated as such
by the Developer.
(c) Emeraency Vehicles. An easement for the right of all
lawful emergency vehicles, equipment and persons in connection
therewith to pass over and across all portions of the Property
to service the Owners, residents and all improvements.
(d) Maintenance and Reoair. Easements for maintenance and
repair and easements to enter over,. through and upon all
portions of the Property for the purpose of maintaining,
repairing and replacing the Common Area.
(e) Inaress and Earess Easements for Lots. An easement for
ingress and egress from and to each Lot, the Common Area and
such other facilities as may be herein described.
(f) Securitv System. An easement for any security system
which may be constructed in or on the Property, or as may be
required for security purposes by the Board in order
adequately to secure all or any portion of the Property, and
any improvements thereon.
(g) Construction. An easement to enter upon, through and
over and use any portion of the Property in connection with
any construction on the Property as determined by the
Developer.
(h) Maintenance of Water Manaaement System. An easement or
easements for access to, maintenance, repairs and operation of
the Surface Water Management System, including the littoral
zone.
(i) Easements for the Develooer. Easements are hereby
reserved throughout the Common Area, including, without
limitation, the streets and the easements shown on the plat or
plats of the Property, by the Developer, for its use and the
use of its agents, with the development, marketing and sale of
the Property.
5
(j) Easements for the Association. The Developer and the
Association shall have the right to grant such addi tional
easements (including, without limitation, easements to private
cable television service companies) or to relocate existing
easements throughout the Property as the Developer or the
Association may deem necessary or desirable for the proper
operation and maintenance of the Property, or any portion
thereof, provided that such addi tional easements or relocation
of existing easements do not prevent or unreasonably interfere
with the Owners use or enjoyment of the Property.
(k) Restrictions on Owner Easements. No Owner shall grant any
easement upon any portion of the Property to any person or
entity, without the prior written consent of the Board, which
shall not be unreasonably withheld.
(I) Reciorocal Easement. The Owner of each Lot shall have an
open area easement on the Lot of any adjacent Unit which is
constructed on a common boundary line, within one and one-half
( 1 -1 /2) feet of said common boundary 1 ine, rear yards
excluded, for the placement of utility service meters.
(m) Encroachments. If any portion of the Common Areas
encroaches upon any Lot, or if any Unit or other original
constructed improvement by the Developer under the original
building permit(s) encroaches upon any Lot or upon any portion
of the Common Areas, or if any encroachment shall hereafter
occur as a result of (i) construction or reconstruction of any
improvements, (ii) settling or shifting of any improvements,
(iii) any addition, alteration or repair to the Common Areas
made by or with the consent of the Association, (iv) any
repair or restoration of any improvements of any Unit after
damage by fire or other casualty, or any taking by
condemnation or eminent domain proceedings of all or any
portion of any Unit of the Common Areas, or (v) any non-
purposeful or non-negligent act of an Owner except as may be
authorized by the Association, then, in any such event, a
valid easement shall exist for such encroachment and for the
maintenance of the same so long as the improvements shall
stand. A gate or fence post which merely touches an improve-
ment constructed on a common boundary line of an adjacent Lot
shall not be considered an encroachment.
(n) Service Easements. Developer hereby grants to delivery,
pick up and fire protection services, police and other
authori ties of the law, mail carriers , representatives of
electrical, telephone, cable television and other utilities
6
provided for herein, and to such other Persons as the
Developer or the Association may from time to time designate,
the nonexclusive, perpetual right of ingress and egress over
and across the Common Areas, now or hereafter created, for the
purpose of performing their services and investigations.
(0) Additional Riaht-of-Wav. In the event that any sidewalks
which are constructed parallel to any roadway located within
the Property are located all or partially within any Lot on
the Property, then a nonexclusive, perpetual right-of-way
shall exist on any portion of said sidewalks which are located
with the Lot.
ARTICLE IV
ASSOCIATION
Section 1. ASSOCIATION. The Developer has caused to be
incorporated, the Jonathans Grove Homeowners Association, Inc., a
Florida corporation not-for-profit, in accordance with the Articles
of Incorporation, a copy which is attached hereto and made a part
hereof as Exhibit A. The Association has not been formed,
organized, or incorporated in such a manner to qualify for tax
exempt status under any provision of the Internal Revenue Code. It
shall have the duties imposed in its Articles of Incorporation and
Bylaws, and in accordance with this Declaration. The Association is
or will become vested with primary authority and control over all
of the Common Area and is or will become the owner of all real and
personal property known as the Common Area. The Association is the
organization with the sole responsibility to make and collect
Assessments from all Members, which Assessments will be made in
accordance with Article X. The Association may also make and
collect charges for maintenance services against any Owner, or the
Developer, as more fully set forth in Article X of this
Declaration. The Association shall have the right to a lien for
the charges and assessments to which it is entitled in accordance
with Article X of this Declaration.
ARTICLE V
MEMBERSHIP AND VOTING RIGHTS
Section 1. MEMBERSHIP. Every Owner of a Lot shall
automatically become a Member of the Association upon acquisition
of fee simple title to any Lot, by filing a deed therefor in the
Public Records of the County. Membership shall be appurtenant to
and may not be separated from ownership of any Lot. Membership
shall continue until such time as the Member transfers or conveys
his interest of record or the interest is transferred or conveyed
by operation of law at which time membership, with respect to the
7
Common Area. For the purpose of this Article, whenever a
family member, guest, invitee, lessee, employee or agent of a
Member causes such damage to the Common Area, or otherwise
commits an act which constitutes a prohibited activity, the
Member shall be deemed to have caused such damage. Any fine
imposed in accordance with this Section shall be a personal
obligation of the Member and shall constitute a charge against
its Lot or Residential Unit until paid.
(b) Abatement. In addition to the foregoing right, the
Association shall have the right, whenever there shall have
been built or placed on any Lot any structure or improvement
which is in violation of these restrictions, to enter in and
upon the said Lot or Residential Unit where such violation
exists and summarily to abate or remove the same at the sole
expense of the Member. Entry and abatement may be made only
after the Association has complied with the requirements of
Section 4 of this Article. If the Association determines that
a violation of these restrictions exists, entry and abatement
or removal shall not be deemed a trespass, an express easement
by the Member being hereby granted.
(c) Violation Fines. The Board shall have the authority to
impose fines upon any Member or occupant who violates the
terms of this Declaration, as same may be established. The
imposition of fines shall only be made in accordance with the
terms of Section 4 of this Article.
Section 2. WAIVER AND FAILURE TO ENFORCE. Each and all of
the covenants, conditions, restrictions and agreements contained
herein shall be deemed and construed to be continuing. The
extinguishment of any right or power herein contained shall not
impair or affect any of the covenants, conditions, restrictions or
agreements so far as any future or other breach is concerned.
Failure to enforce any building restriction, covenant, condition,
obligation, reservation, right, power or charge herein contained,
however long continued, shall in no event be deemed a waiver of the
right to enforce such covenant as to the breach or violation.
Failure to enforce same shall not give rise to any liability on the
part of the Developer or the Association with respect to parties
aggrieved by such failure.
Section 3. SEVERABILITY. Invalidation of anyone of these
covenants or restrictions by judgment or court order shall in no
way affect any other provisions which shall remain in full force
and effect.
Section 4. PROCEDURE TO BE FOLLOWED IN THE EVENT OF VIOLATION
OF CERTAIN COVENANTS OF THIS DECLARATION. The Association shall
not impose a fine (a late charge does not constitute a fine), or
suspend voting rights of a Member or occupant for the viola.tion of
25
the terms and covenants of this Declaration, Bylaws or any Rules or
Regulations which may be promulgated by the Association unless and
until the following procedure is followed:
(a) Demand Letter. W~itten demand to cease and desist from
an alleged violation shall be served by the Board or its
authorized delegate upon the Member or occupant allegedly in
violation which shall specify:
(i) The alleged violation;
(ii) The action required to abate the violation; and
(iii) A time period, of not less than ten (10) days,
except where immediate action is appropriate during which
the violation may be abated without further sanction, if
such violation is a continuing one, or a statement that
any further occurrence of the same violation may result
in the imposition of a sanction after notice and hearing
if the violation is not continuing.
(b) 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 may present reasons why penalties should
not be imposed.
(c) Hearina. Evidence of noncompliance shall be presented to
the Board of Directors after which the Board of Directors
shall hear evidence and reasons why penalties should not be
imposed if offered by the Owner. A written decision of the
Board of Directors shall be submitted to the Owner by no later
than thirty (30) days after the Board of Directors' meeting.
(d) Penalties. The Board of Directors may impose individual
assessments as fines against the property owned by the Owner
as follows:
1 . First noncompliance or violation: a fine not in
excess of One Hundred Dollars ($100.00).
2. Second noncompliance or violation: a find not in
excess of Five Hundred Dollars ($500.00).
3. 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).
(e) Payment of Penalties. Fines shall be paid no later than
thirty (30) days after notice of the imposition or assessment
of the penalties.
26.
(f) Collection of Fines. Fines shall be treated as an
individual assessment otherwise due to the Association.
(g) Annlication of Penal ties. All monies received from fines
shall be allocated as directed by the Board of Directors.
(h) Nonexclusive Remedv. 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.
(i) Anneal. Following a hearing before the Board, the
alleged violator or aggrieved party shall have the right to
appeal the decision to the Circuit Court of Palm Beach County.
To perfect this right, the appeal must be filed within thirty
(30) days after the hearing date.
ARTICLE XV
DEVELOPER'S RIGHTS AND VETO POWER
Section 1. DEVELOPER'S RIGHTS. The Developer hereby reserves
to itself, and the grantee of any Lot or Residential Unit hereby
agrees, by acceptance of a deed of conveyance thereto, that the
Developer shall have the following rights, without limitation or
qualification or the necessity of consent or approval by the
Members, so long as the Developer owns any portion of the Property,
including property owned by the Developer as the result of any
reconveyance of the Property, or until the Developer causes to be
recorded in the Public Records of Palm Beach County, Florida, a
Certificate of Termination of Interest in the Property which
Certificate terminates any and all right, title, interest and
obligation of the Developer in the Property.
(a) The right to dispense pesticides throughout the Property;
(b) The right to establish easements for itself over any
portion of the Property owned by the Developer;
(c) The right to maintain Lots and the Residential Units
situated thereon if the Members fail to do so, including,
wherever there shall have been built on any Lot any structure
or improvement which is violation of this Declaration, the
right to enter in and upon the said Lot or Residential Unit
where such violation exists and summarily to abate or remove
the same at the sole expense of the Member;
(d) The right to maintain. an easement, for cOnstruction
staging purposes, across any Lot within the Property; and
27
(e) So long as the Developer retains control of the Board of
Directors of the Association, the Developer shall have the
right to appoint Members of the Board of Directors, in
accordance with the Bylaws of the Association and to approve
or disapprove the appointment of all Officers of the
Association. In the event the Developer shall enter into any
contracts or other agreements for the benefit of the Members,
the Developer may, at its option, assign its obligations under
the agreements to the Association, and in such event, the
Association shall be required to accept such obligations.
Section 2. VETO POWER. The Developer hereby expressly
reserves to itself, and any grantee of any Lot or Residential Unit
hereby agrees, by acceptance of a deed of conveyance thereto, that
the Developer shall have the right to veto any or all of the
following events so long as the Developer owns any part of the
Property, including property owned by the Developer as the result
of any reconveyance of the Property, or until the Developer causes
to be recorded a Certificate of Termination of Interest in the
Property, which Certificate terminates any and all right, title,
interest and obligation of the Developer in the Property.
(a) Attempted amendment of this Declaration, or any exhibits
hereon;
(b) Any management contracts entered into by the Association
or the Board;
(c) Any reduction made to any security system within the
Property;
(d) Attempted relocation or removal of any recreational
facilities or amenities within the Property;
(e) Any assessment for capi tal improvements which are imposed
by the Association on any portion of the Property owned by the
Developer;
(f) Any settlement of any claim made by the Association to
collect upon any policy of casualty insurance which insures
the Common Area;
(g) Any attempted cancellation or reduction of insurance
coverage insuring all or any part of the Property;
(h) Any attempted dissolution of the Association by a vote of
the Members of the Association; and
(i) Any attempted dedication of any.portion of the Common
Area to the City, the County or other governmental entity.
28
ARTICLE XVI
MORTGAGEES' RIGHTS
The following provisions are for the benefit of holders of
Insti tutional First Mortgages on Residential Units wi thin the
property. To the extent applicable, necessary, or proper, the
provisions of this Article apply to both this Declaration and to
the Bylaws of the Association. Notwithstanding the requirements of
Article XVIII, the Board may amend the terms and provisions of this
Article without the consent of the Owners.
Section 1. NOTICES OF ACTION. A holder, insurer, or
guarantor of a Institutional First Mortgage, which provides written
request to the Association (such request to state the name and
address of such holder, insurer, or guarantor and the Residential
Unit number or street address of the mortgaged premises), thereby
becoming an "eligible holder", will be entitled to timely written
notice of:
(a) Any condemnation loss or any casualty loss which affects
a material portion of the property or which affects any
Residential Unit on which there is a first mortgage held,
insured, or guaranteed by such eligible holder;
(b) Any delinquency in the payment of assessments or charges
owed by an Owner of a Residential Unit subject to the
Institutional First Mortgage of such eligible holder, where
such delinquency has continued for a period of sixty (60)
days; provided, however, notwithstanding this provision, any
holder of an Institutional First Mortgage, upon request, is
entitled to written notice from the Association of any default
in the performance by an Owner of a Residential Unit of any
obligation under the Declaration or Bylaws of the Association
which is not cured within sixty (60) days;
(c) Any lapse, cancellation, or material modification of any
insurance policy maintained by the Association; or
(d) Any proposed action which would require the consent of a
specified percentage of holders of Institutional First
Mortgages.
Section 2. FEDERAL HOME LOAN MORTGAGE CORPORATION PROVISION.
So long as required by the Federal Home Loan Mortgage Corporation
(the "Mortgage Corporation"), the following provisions apply in
addition to and not in lieu of the foregoing. Unless two-thirds
(2/3) of the Institutional First Mortgagees of Owners, or two-
thirds (2/3) of the Members give their consent, the Association
shall not:
29
(a) By act or omission seek to abandon, partition, subdivide,
encumber, sell, or transfer a material portion of the Common
Area which the Association owns, directly or indirectly (the
granting of easements for public utilities or other similar
purposes consistent with the intended use of the Common Area
shall not be deemed a transfer wi thin the meaning of this
subsection);
(b) Change the
assessments, dues,
against a Member;
method of
or other
determining the obligations,
charges which may be levied
(c) By act or omission change, waive, or abandon any scheme
of r.egulations or enforcement thereof pertaining to the
archi tectural design or the exterior appearance and
maintenance of Residential Units and of the Common Area (the
issuance and amendment of architectural standards and
procedures and regulations and use restrictions under Articles
XI and XIII hereof shall not constitute a change, waiver, or
abandonment within the meaning of this subsection);
(d) Fail to maintain all risk coverage insurance, as may be
required by this Declaration; or
(e) Use hazard insurance proceeds for any Common Area losses
for other than the repair, replacement, or reconstruction of
such property.
Section 3. Nothing contained in Article XVI, Section 2, of
this Declaration shall be construed to reduce the percentage vote
that must otherwise be obtained under the Declaration for any of
the acts set out in said Section 2.
Section 4. Insti tutional First Mortgagees of Owners may,
jointly or singularly, pay taxes or other charges which are in
default and which mayor have become a charge against the Common
Area and may pay overdue premiums on casualty insurance policies,
or secure new casualty insurance coverage upon the lapse of a
policy, for the Common Area, and Institutional First Mortgagees
making such payments shall be entitled to immediate reimbursement
from the Association.
Section
properties,
Declaration,
amendment of
is a Class B
5. HUD/VA Provision. Annexation of addi tional
dedication of Common Area, amendment of the
dissolution and amendment of the Articles, and
the Bylaws, requires HUD/VA approval as long as there
membership.
ARTICLE XVII
INDEMNIFICATION OF DIRECTORS AND OFFICERS
Every Director and Officer of the Association, shall be
indemnified by the Association against all expenses and liability,
including attorneys' fees, reasonably incurred by or imposed upon
30
r
him in connection with any proceeding to which he may be a party or
which he may become involved by reason of his being or having been
a Director or Officer, whether or not his being or having been a
Director or Officer, whether or not he is a Director or Officer at
the time such expenses are incurred, except in such cases where the
Director or Officer, is adjudged guilty of willful misfeasance or
malfeasance in the performance of his duties; provided, however,
that in the event of any claim for reimbursement or indemnification
hereunder based upon a settlement by the Director or Officer
seeking such reimbursement or indemnification, the indemnification
herein shall apply only if the Board of Directors approves such
settlement and reimbursement as being in the best interest of the
Association. The foregoing right of indemnification shall be in
addition to, but not exclusive of all other rights to which such
Officer or Director, may be enti tIed. This obligation shall be
funded by Directors and Officers liability insurance as is
reasonably available wherever possible, which insurance shall be a
Common Expense of the Members.
ARTICLES XVIII
GENERAL PROVISIONS
Section 1. AMENDMENT. This Declaration may be amended in the
following manner.
(a) Prior to the sale of the first Residential Unit to a
Member, the Developer may amend this Declaration on its own
initiative.
(b) Subsequent to the sale of the first Residential Unit to
a Member, the Declaration may be amended at any time and from
time to time upon the execution and recordation of an
instrument approved by Members holding not less than three-
fourths (3/4) of the voting interests of the membership,
provided that, so long as the Developer is the Owner of any
Lot or any property affected by this Declaration or amendment
hereto, no amendment will be effective without the Developer's
express written consent.
(c) Any amendment which would affect the Surface Water
Management System, including the water management portions of
the Common Area, must have the prior approval of the South
Florida Water Management District.
Section 2. ASSIGNMENT. All of the rights, powers, obliga-
tions, easements and estates reserved by, or granted to the
Developer or the Association, may be assigned by the Developer or
the Association, respectively, as the case-may be. Any assignment
by the Association must be approved in writing by the Developer.
After such assignment, the assignee shall have the same rights and
powers, and be subject to the same obligations and duties as were
the Developer or the Association prior to the assignment, and the
31
..
Developer and the Association shall be relieved and released of all
obligations with respect to such rights, powers, obligations,
easements or estate$ arising after such an assignment.
Section 3. OWNER'S ACCEPTANCE OF COVENANTS. CONDITIONS AND
RESTRICTIONS. Every Owner, by virtue of his acceptance of the deed
of conveyance to his Lot or Residential Unit and other parties by
virtue of their occupancy or use of any part of the Property,
hereby approve all of the terms and conditions, duties and
obligations contained in this Declaration and all Exhibits thereto.
Section 4. HEADINGS. CAPTIONS AND TITLES. The headings,
captions and titles contained herein are for ease of reference
only, and do not constitute substantive provisions of this
instrument. They shall in no way affect the subject matter or any
of the terms and provisions under them nor the terms and provisions
of this Declaration.
Section. 5. CONTEXT. Whenever the context so requires or
admits, any pronoun used herein may be deemed to mean the
corresponding masculine, feminine or neuter form and the singular
form of any nouns and pronouns may be deemed to mean the
corresponding plural form, and vice versa.
Section 6. ADDITIONAL USE RESTRICTIONS. Addi tional use
restrictions may be filed and imposed by the Developer in
connection with the recordation of any plat affecting all or any
part of the Property, provided the same are not inconsistent with
the provisions hereof.
Section 7. RESTRICTIONS PREVAIL OVER LESS STRINGENT
GOVERNMENT REGULATIONS. Where the covenants and restrictions set
forth in this Declaration impose minimum standards in excess of
government building or zoning regulations, these covenants and
restrictions shall prevail.
Section 8. EFFECTIVE DATE OF THIS DECLARATION. This
Declaration shall become effective upon its recordation in the
Public Records of the County, and shall be construed in accordance
with the laws of the State of Florida.
ARTICLE XIX
TERM
All of the covenants, restrictions and other provisions of
this Declaration shall run with and bind the Property for a term of
twenty-five (25) years from the date of recordation of this
Declaration, after which time they shall be automatically extended
32
.
for successive periods of ten (10) years each, unless an instrument
executed by at least seventy-five (75%) percent of the votes of the
Members then existing has been recorded, agreeing to change or
terminate these covenants and restrictions.
IN WITNESS WHEREOF, the Developer and the Association have
caused this instrument to be executed in its name by its
undersigned duly authorized Officers, and its corporate seal to be
hereunto affixed, the day and year first above written.
DEVELOPER:
IN IiOME , I
/" j/ f'
/ ~ <~c:
ic ar leis ey \,.'r.'~j.. (,
Vice President ~~~\->'7'. ~ .',../,
Division Manager .. ';' ... ,_.~_. . /..
.' ('...): " .r'.... ~ - .__'1 ..,
. .-:::: : ..... .7. . .';., ." :. e.
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- '. '. C'). ~.:.J -: .
(Corporate SeaI.~ ",:, .
~~ ~ ~ J . -; -~ ~ '~.~ d ~ .. ~ .
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o. .....
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I HEREBY CERTIFY that on this day, before me, an Off,fc.iel(.dUiy
authorized to take acknowledgments, personally appeared'Richard'N.
Kleisley, the Vice President of M/I SCHOTTENSTEIN HOMES, INC., an
Ohio corporation, and he acknowledged before me that he executed
the foregoing instrument in the name of and on behalf of said
corporation; that he is duly authorized by said corporation to do
so; and that the foregoing instrument is the act and deed of said
corporation. He is personally known to me or has produced
_______ , as identification and who did not take
an oath.
M/I
!
~~
Witnes
STATE OF FLORIDA
COUNTY OF PALM BEACH
WITNESS my
afOr[::s
han,dS' 7_~_ nd official ~~ in Fhe County and State
_ ., day of ~Jd"l' il./ ,1994.
/0~
, Commission No.
, Name of Notary typed, printed,
or stamped
(NOTARY SEAL)
G) 8IWIIN ""IIIM
~ W--lIl111'CC-.o!
"'-"-'1_
... 1-.1Ilnt..., NlllallIIIMIlIra '
33
..
ASSOCIATION:
(Corporate
.'
..
.= .:.}i ~..:~::,..,J -~
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-: : J ; ,-.
seai')'. . ~
witnes
./
STATE OF FLORIDA
COUNTY OF PALM BEACH
j.....
, . . . . . j 1 : ., ~ ,;'. '
I HEREBY CERTIFY that on this day, before me, an Officer duly
authorized to take acknowledgments, personally appeared Charles C.
Sharman, the President of JONATHANS GROVE HOMEOWNERS ASSOCIATION,
INC., a Florida not for profit corporation, and he acknowledged
before me that he executed the foregoing instrument in the name of
and on behalf of said corporation; that he is duly authorized by
said corporation to do so; and that the foregoing instrument is the
act and deed of said corporation. He is Dersonally knnwn to me or
has produced , as identification and who
did not take an oath.
WITNESS my hand and official se~ in the County and State
aforesaid, this / / 0 day of (..l y-u -' f./ , 1994.
~~ '))-Ud~~ , Commission No.
, Name of Notary typed, printed,
or stamped
-........ "
........ ~--
~..
nalll L~ All
IGMII
~\.. ;J~
~t.... Y--"
34
..
'.~ . \
~ of jf)l
j,tat~ -- ~.- - Or 'b
~ ~- 1 a
. - .
.
Irpartmrnt of 8t8fr
I certify the attached is a true and correct copy of the Articles of
Incorporation of JONATHANS GROVE HOMEOWNERS ASSOCIATION, INC., a Florida
corporation, filed on March 21. 1994. as shown by the records of this
office.
I further certify the document was electronically received under FAH audit
number H94000002670. This certificate is issued in accordance with
section 15.16, Florida Statutes, and authenticated by the code noted below.
The document number of this corporation is N94000001403.
Given under my hand and the
Great Seal of the State of Florida,
at Tallahassee, the Capital, this the
Twenty-second day of March, 1994
Authentication Code: 694A00012685-032294-N94000001403-1/1
~n
a
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~
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~~
Jim 'mit~ -
IIRHHR I
FAX AUDI~ HO.: H94000002670
ARTICLES OF INCORPORATION
OF
JONATHANS GROVE HOMEOWNERS
ASSOCIATION, INC.
A Florida Corporation Not for Profit
Exhibit "A" to Declaration of Covenants, Conditions and
Restrictions for Jonathans Grove Homeowners
Association, Inc.
PREPARED BY & RETURN TO: WC 53
Curtis L. Shenkman, Esq.
DeSantis, Gaskill & Hunston, P.A.
11891 u.S. Highway One
North Palm Beach, Florida 33408
Florida Bar No. 0438911
MIBom&a\Jonathan\JonsGrov.Art\3-8-94
FAX AUDIT HO.: H94000002670
.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
FAX AUDIT 110.: H94000002670
INDEX TO ATICLES OF INCORPORATION OF
JONATHANS GROVE HOMEOWNERS ASSOCIATION, INC.
Florida Corporation Not for Profit
I.
NAME AND PRINCIPAL PLACE OF BUSINESS
PURPOSE
POWERS
Section 1.
Section 2.
Section 3.
Section 4.
COMMON LAW AND STATUTORY POWERS
NECESSARY POWERS
FUNDS AND TITLE TO PROPERTIES
LIMITATIONS
MEMBERSHIP AND VOTING RIGHTS
BOARD OF DIRECTORS
OFFICERS
INDEMNIFICATION OF OFFICERS AND DIRECTORS
SUBSCRIBERS
BYLAWS
AMENDMENTS
REGISTERED AGENT AND REGISTERED OFFICE
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CERTIFICATE DESIGNATING PLACE OF BUSINESS 8
FOR SERVICE OF PROCESS WITHIN THIS STATE,
NAMING AGENT UPON WHOM PROCESS MAY BE SERVED
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ACKNOWLEDGMENT
ARTICLES OF INCORPORATION
OF
JONATHANS GROVE HOMEOWNERS
ASSOCIATION, INC.
The undersigned, being of full age and competent to contract
in the state of Florida do, in accordance with the provisions of
Chapter 617, Florida Statutes, hereby voluntarily make, subscribe,
acknowledge and file in the office of the Secretary of State, State
of Florida, for the purpose of forming a corporation not for profit
in accordance with the laws of the State of Florida, these Articles
of Incorporation, as provided under the law:
ARTICLE I
NAME AND PRINCIPAL PLACE OF BUSINESS
The name of this corporation shall be Jonathans Grove
Homeowners Association, Inc. , hereinafter referred to as the
"Association" and its duration shall be perpetual. The principal
office of the Association shall initially be located at:
901 North Lake Destiny Drive, Suite 185
Maitland, Florida 32751
or at such other place as may be designated, from time to time, by
the Board of Directors.
ARTICLES II
PURPOSE
The purpose for which the Association is organized is to
engage as a corporation not for profit in protecting the value of
the property of the members of the Association, to exercise all the
powers and privileges and to perform all of the duties and
obligation. of the Association as defined and set forth in that
certain Declaration of Covenants, Conditions, and Restrictions for
Jonathans Grove Bomeowners Association, Inc. (the "Declaration") to
be recorded in the office of the Clerk of the Circuit Court in and
for Palm Beach County, Florida, including the establishment and
enforcement of payment of charges and assessments contained
therein, .and to engage in such other lawful activities aS,may be to
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ARTICLE IX
BYLAWS
The Bylaws of the Association may be adopted, amended, altered
or rescinded as provided therein; provided, however, that at no
time shall the Bylaws conflict with these Articles of Incorporation
or the Declaration. until such time as the Developer relinquishes
control of the Association, no amendments to the Bylaws shall be
effective unless the Developer shall have joined in and consented
thereto in writing.
ARTICLE X
AMENDMENTS
SECTION 1. Alteration, amendment or rescission of these
Articles shall be proposed and adopted in the following manner:
(a) The Board shall adopt a resolution setting forth the
proposed amendment, and directing that it be submitted to a vote at
a meeting of the Members, which may be either at the annual or a
special meeting.
(b) Written notice setting forth a proposed amendme'nt or
a summary of the changes to be effected thereby shall be given to
each Member entitled to vote thereon, which meeting may not occur
less that ten (10) days nor later than thirty (30) days from the
giving of notice of the meeting to consider the proposed amendment.
(c) At such meeting of the Members, a vote of the
Members entitled to vote thereon, as provided in the Declaration,
shall be taken on the proposes amendment. The proposed amendment
shall.be adopted upon receiving the affirmative vote of a majority
of the votes cast by the Members present in person or by proxy at
such meeting.
SECTIOR 2. Any number of amendments may be submitted to
the Members and voted upon by them at one meeting.
SECTION 3. If a majority of the Members eligible to vote
sign a written statement manifesting their intentions that an
amendment to the Articles be adopted, theft the amendment shall
thereby be. adopted as though the procedure set forth in Section.1
of this Article has been satisfied.
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SECTION 4. For so long as either the Developer is the
OWner of any lot or any property affected by these Articles or
amendment hereto, no amendment will be effective without the
Developer's express written consent.
SECTION 5. These Articles of Incorporation of the
Association may be amended, altered or rescinded as provided in
Florida Statute Chapter 617.
ARTICLE XI
REGISTERED AGENT AND REGISTERED OFFICE
The name of the initial registered agent shall be Charles C.
Sharman, whose street address is 901 North Lake Destiny Drive,
Suite 185 Maitland, Florida, 32751. The Association shall have the
right to designate subsequent registered agents without amending
these Articles of Incorporation,
IN WITNESS WHEREOF, the undersigned, being the subscriber
hereto, hAve hereunto set my hand and seal this l../iI]J. day
of MKr1-CA-, 1994.
rIes C.
Incorpor or
'-
( ~.
ATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Articles e}-. In~ration were acknowledged
before me this 1~?3 day of '(~ n -. , 1994 by Charles C.
Sharman, personally known to me or who produced a Florida Drivers
License as indentification, the incorporator and subscriber named
therein. . / ( ~
)jy: ~,c. 7L~ €-
Notary Publ c, tate,\o,FlorJ.da
Printed Nam:.., 'j 1/;'7 - /G""
My commission Number:r ~
My Commission Expires:
(NOTARY SEAL)
SIWIJN t.iJS8NJVE
tlf CCJI'- 'cc..,.
ElCP\III: __ 30. 1_
.....1IIN *-Y NIl ~
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FAX AUDI~ KO. I
H94000002670
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FU AUDI~ RO. I H94000002670
CERTIFICATE DESIGNATING PLACE OF BUSINESS FOR SERVICE OF
PROCESS WITHIN THIS STATE,
NAMING AGENT UPON WHOM PROCESS MAY BE SERVED
Pursuant to Section 48.091 and 617.023, Florida Statutes,
the following is submitted in compliance with said Statutes:
THAT, Jonathans Grove Homeowners Association, Inc.,
desiring to organize under the laws of the State of Florida, with
its principal offices at 901 North Lake Destiny Drive, Suite 185,
Maitland, Florida, 32751 has named Charles C. Sharman, whose
address is 901 North Lake Destiny Drive, Suite 185, Maitland,
Florida, 32751, as its agent to accept service of process within
the State of Florida.
ACKNOWLEDGMENT
Having been named to accept service of process for the
above stated Association, at the place designated in this
Certificate, Charles C. Sharman hereby accepts the responsibility
to act in this capacity, and agree to comply with the provisions of
said Statute relative to keeping open said office.
Dated this
\lo~ day of
M~
, 1994
Jonathans Grove
Association,
By:
CrIes C.
Registered
Florida
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Prepared by & Return To: W/C 53
Curtis L. Shenkman, Esq.
DeSantis, Gaskill & Bunston, P.A.
11891 U.S. Highway One
P.O. Box 14127
North Palm Beach, Florida 33408-0127
MIBomes\Jonathan\JonBGrov.syl\3-8-94
BYLAWS
OF
JONATHANS GROVE HOMEOWNERS
ASSOCIATION, INC.
Exhibit "B" to Declaration of Covenants, Conditions and
Restrictions of Jonathans Grove Homeowners Association, Inc.
,
INDEX TO BYLAWS OF
JONATHANS GROVE HOMEOWNERS
ASSOCIATION, INC.
PAGE
I. NAME, PRINCIPAL OFFICE, AND DEFINITIONS 1
1. NAME 1
2. PRINCIPAL OFFICE 1
3. DEFINITIONS I
II. THE ASSOCIATION: MEMBERSHIP, MEETINGS, I
QUORUM, VOTING, PROXIES
1. MEMBERSHIP 1
2. PLACE OF MEETINGS 1
3. ANNUAL MEETINGS 2
4. SPECIAL MEETINGS 2
5. NOTICE OF MEMBERSHIP MEETINGS 2
6. WAIVER OF NOTICE 2
7. ADJOURNMENT OF MEETINGS 2
8. VOTING 3
9. PROXIES 3
10. MAJORITY 3
11. QUORUM 4
12. CONDUCT OF MEETINGS 4
13. ACTION WITHOUT A MEETING 4
III. BOARD OF DIRECTORS: NUMBER, POWERS, MEETINGS 4
A. COMPOSITION AND SELECTION 4
1. GOVERNING BODY; COMPOSITION 4
2. DIRECTORS DURING DEVELOPER CONTROL 4
3. NUMBER OF DIRECTORS 4
4. NOMINATION OF DIRECTORS 5
5. ELECTION OF DIRECTORS 5
6. TERM OF OFFICE 6
7. REMOVAL OF DIRECTORS 6
8. VOTING PROCEDURE FOR DIRECTORS 6
B. MEETINGS 6
9. ANNUAL MEETINGS 6.
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19.
20.
21.
22.
23.
24.
25.
POWERS
MANAGEMENT AGENT
ACCOUNTS AND REPORTS
BORROWING
RIGHTS OF THE ASSOCIATION
VIOLATION PROCEDURE
DEVELOPER'S RIGHTS AND VETO POWER
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10. REGULAR MEETINGS
11. SPECIAL MEETINGS
12. WAIVER OF NOTICE .
13. QUORUM OF BOARD OF DIRECTORS
14. COMPENSATION
15. CONDUCT OF MEETINGS
16. OPEN MEETINGS
17. EXECUTIVE SESSION
18. ACTION WITHOUT A FORMAL MEETING
C. POWERS AND DUTIES
IV. OFFICERS
1. OFFICERS 12
2. ELECTION, TERM OF OFFICE, AND VACANCIES 12
3. REMOVAL 13
4 . POWERS AND DUTIES 13.
5. RESIGNATION 13
6. AGREEMENTS, CONTRACTS, DEEDS AND LEASES 13
7. COMPENSATION 13
V.
COMMITTEES
1.
GENERAL
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VI. MISCELLANEOUS
1 . FISCAL YEAR
2. PARLIAMENTARY RULES
3. CONFLICTS
4. BOOKS AND RECORDS
5. NOTICES
6. AMENDMENT
7 . VALIDITY
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BYLAWS
OF
JONATHANS GROVE HOMEOWNERS
ASSOCIATION. INC.
ARTICLE I
NAME. PRINCIPAL OFFICE. AND DEFINITIONS
section 1. NAME. The name of the Association shall be
Jonathans Grove HomeOWT.lE!rs Association, Inc., hereinafter referred
to as the "Association".
Section 2. PRINCIPAL OFFICE. The initial principal office
of the Association shall be located at 901 North Lake Destiny
Drive, Suite 185, Maitland, Florida 32751. The Association may
have. such other office or offices as the Board of Directors may
determine.
Section 3. DEFINITIONS. The words used in these Bylaws
shall have the same meaning as set forth in the Declaration of
Covenants, Conditions and Restrictions for Jonathans Grove
Homeowners Association, Inc. (said Declaration, as amended,
renewed, or extended from time to time, is hereinafter sometimes
referred to as the "Declaration"), unless the context shall
prohibit.
ARTICLE II
THE ASSOCIATION: MEMBERSHIP. MEETINGS. QUORUM. VOTING. PROXIES
Section 1. MEMBERSHIP. The Association shall have two (2)
classes of voting membership, as more particularly set forth in
Article V, Section 2, of the Declaration, the terms of which
pertaining to membership are specifically incorporated herein by
reference.
Section 2. PLACE OF MEETINGS. Meetings of the Association
shall be held at the principal office of the Association or at such
other suitable place convenient to the Members as may be designated
by the Board of Directors.
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Section 3. ANNUAL MEETINGS. The first annual meeting of
the Members shall be held wi thin one year from the date of
incorporation of the Association, and each subsequent annual
meeting shall be held in the month of November at auch day and hour
as may be determined by the Board of Directors.
Section 4. SPECIAL MEETINGS. Special meetings of the
members may be called at any time by the President or by the Board
of Directors, or upon written request of the Members who are
entitled to vote one-third (1/3) of all of the votes of the Class
A membership. The notice of any special meeting shall state the
date, time, and place of such meeting and the purpose thereof. No
business shall be transacted at a special meeting except as stated
in the notice.
Section 5. NOTICE OF MEMBERSHIP MEETINGS. It shall be the
duty of the Secretary to send by regular mail or otherwise cause to
be personally delivered to every Member entitled to vote a notice
of each annual or special meeting of the Members stating the
purpose of the meeting, as well as the time and place where it is
to be held. If a Member wishes notice to be given at an address
other than the official address registered by the member with the
Association, said Member shall have so designated by notice in
writing to the Secretary such other address. The mailing or other
delivery of notice of a meeting in the manner provided in this
Section shall be considered service of notice. Notices shall be
served not less than ten (10) no more than forty-five (45) days
before a meeting, unless otherwise provided in these Bylaws.
Section 6. WAIVER OF NOTICE. Waiver of notice of any
meeting of the Members shall be deemed the equivalent of proper
notice. Any Member may, in writing, waive notice of any meeting of
the Members, either before or after such meeting. Attendance at a
meeting by a Member, whether in person or by proxy, shall be deemed
waiver by such Member of notice of the time, date, and place
thereof, unless such Member specifically objects to lack of proper
notice at the time the meeting is called to order. Attendance at
a special meeting shall also be deemed waiver of notice of all
business transacted thereat unless objection to the calling or
convening of the meeting, of which proper notice was not given, is
raised before any business is put to a vote.
Section 7. ADJOURNMENT OF MEETINGS. . I f any meetings of
the Association cannot be held because a quorum is not present, a
majority of the Members who are present at such meeting, either in
person or by proxy, may adjourn the meeting to a time not more than
thirty (30) days from the time the original meeting was called.
Notice of the time and place for the recalled meeting shall be
posted in a conspicuous place in the. Common Area of the
Association. At such adjourned meeting at which a quorum is
present, any business which might have been transacted. at the
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meeting originally called may be transacted. If a time and place
for the adjourned meeting or if, for any reason, a new date is
fixed for the adjourned meeting after adjournment, notice of the
time and place of the adjourned meeting shall be given to Members
in the manner prescribed in Section 5 of this Article.
The Members present at a-duly called or held meeting at which
a quorum is present may continue to do business until adjournment,
notwithstanding the withdrawal of enough Members to leave less than
a quorum, provided that any action taken shall be approved by at
least a majority of the Members required to constitute a quorum. In
the event that a meeting is recessed for any reason, no additional
notice shall be required.
Section 8. VOTING. The voting rights of the Members shall
be set forth in Article V of the Declaration, and such voting
rights provisions are specifically incorporated herein.
Section 9. PROXIES. At all meetings of Members, each
Member may vote in person or by limited proxy. Members shall not
vote by general proxy. Limited and general proxies shall be used
to establish a quorum. A proxy may be given to any Member or
Director of the Association, or to the Board of Directors. Any
proxy given shall be effective only for the specific meeting for
which originally given and any lawfully adjourned meetings thereof.
In no event shall any proxy be valid for a period longer than
ninety (90) days after the date of the first meeting for which it
was given. For election of members of the Board of Directors,
Members shall vote in person at a meeting of the Members of by a
ballot that the Member personally casts.
All proxies shall be in writing and filed with the Secretary
before the appointed time of each meeting. Proxies which are filed
without designating the name of the proxy holder shall be
considered null and void. Every proxy shall be revocable at any
time at the pleasure of the Member executing it and shall
automatically cease upon conveyance by the Member of his or her Lot
within the Property or, in the case of a Member holding title as an
individual, upon receipt of notice by the Secretary of the death or
judicially declared incompetence of that Member. A proxy or ballot
may provide an opportunity to specify approval or disapproval with
respect to any proposal. The Board of Directors may authorize the
issuance of absentee ballots in its sole discretion, which may be
consolidated with the proxy into a single document.
Section 10. MAJORITY. As used in these Bylaws, the term
"majority" shall mean those votes, Members, or other group as the
context may indicate totaling more than fifty percent (50%) of the
total number.
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Section 11. QUORUM. Except as otherwise provided in these
Bylaws or in the Declaration, the presence in person or by proxy of
one third (1/3) of the total votes outstanding shall constitute a
quorum at all meetings of the Association. In the event a quorum is
not present, Members may join in the minutes thereof and such a
signing shall constitute the presence of such parties for the
purpose of determining a quorum.
Section 12. CONDUCT OF MEETINGS. The President shall
preside over all meetings of the Association, and the Secretary
shall keep the minutes of the meetings and record in a minute book
all resolutions adopted at the meetings, as well as a record of all
transactions occurring thereat. In the event that the President is
unavailable, the President shall appoint another Director to act in
his place and stead.
Section 13. ACTION WITHOUT A MEETING. Any action which may'
be taken by the vote of Members at an annual or special meeting,
may be taken without a meeting as and to the extent permitted by
Florida law.
ARTICLE III
BOARD OF DIRECTORS: NUMBER. POWERS. MEETINGS
A. COMPOSITION AND SELECTION
Section 1. GOVERNING BODY: COMPOSITION. The affairs of the
Association shall be governed by a Board of Directors. Except as
provided in Section 2 of this Article, the Directors shall be
Members of the Association.
Section 2. DIRECTORS DURING DEVELOPER CONTROL. A majority of
the Directors on the Board shall be appointed by the Developer,
acting in its sole discretion and shall serve at the pleasure of
the Developer until Class A Members hold seventy-five (75%) percent
of the total number of votes of the voting membership. The
Developer may earlier surrender this right to appoint Directors.
The Developer shall notify the Secretary of the Association of the
Directors which it is appointing to the Board at least thirty (30)
days prior to the annual meeting. The Directors appointed by the
Developer need not be members of the Association. All Directors who
are not appointed by the Developer shall be Members of the
Association
Section 3. NUMBER OF DIRECTORS. The number of Directors on
the Board shall be not less than three (3) nor more than seven (7),
as the Board of Directors may from time to time determine by
resolution.
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Section 4. NOMINATION OF DIRECTORS. Nominations may be made
by the Nomination Committee or as hereinafter provided. The
Nominating Committee shall consist of a Chairman, who shall be a
member of the Board of Directors, and one or more Members of the
Association. The Nominating Committee shall be appointed by the
Board of Directors prior to each annual meeting of the Members to
serve from the close of such annual meeting until the close of the
next annual meeting, and such appointment shall be announced at
each such annual meeting. The Nominating Committee shall make as
many nominations for election to the Board of Directors as it shall
in its discretion determine, but in no event less than the number
of vacancies or terms to be filled. Nominations may occur from the
floor. All candidates shall have a reasonable opportunity to
communicate their qualifications to the Members and to solicit
votes. Solicitation of proxies without disclosure of candidacy
shall not be permitted.
Section 5. ELECTION OF DIRECTORS.
(a) When Class A Members shall hold at least twenty-five
(25%) percent of the total number of votes of the voting
membership, they shall be entitled to elect one (1) member of the
Board of Directors at the next annual meeting.
(b) When Class A Members shall
percent of the total number of votes of
shall be entitled to elect two ( 2 )
Directors at the next annual meeting.
hold at least fifty (50%)
the voting membership, they
members of the Board of
(c) When Class A Members shall hold at least seventy five
(75%) percent of the total number of votes of the voting
membership, they shall be entitled to elect three (3) members of
the Board of Directors at the next annual meeting. At this annual
meeting, and for all annual meetings thereafter until there no
longer remains any portion of the Property for sale by the
Developers, the Developer shall be entitled to appoint one (1)
member of the Board of Directors.
(d) In the event that, in accordance with the Declaration, a
Certificate of Termination is filed by the Developer prior to
control of seventy-five (75%) percent of the total number of votes
by the Class A Members, the Class A Members shall be entitled to
elect four (4) members of the Board of Directors at the next annual
meeting. At this annual meeting, and for all annual meetings
thereafter until there no longer remains any portion of the
Property for sale by Developer, the Developer shall be entitled to
appoint one (1) member of the Board of Directors.
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Section 6. TERM OF OFFICE. Except for the initial
Directors designated in the Articles of Incorporation and any other
Directors appointed by the Developer, a Director shall be elected
to serve until the next annual meeting or until his successor has
been elected or qualified.
Section 7. REMOVAL OF DIRECTORS. At any regular or
special meeting of the Association duly called, anyone or more of
the members of the Board of Directors, other than those appointed
by the Developer, may be removed, with cause, by a majority vote of
the Members, and successor may then and there be elected to fill
the vacancy thus created. A Director whose removal has been
. proposed by the Members shall be given at least ten (10) days
notice of the calling of the meeting and the purpose thereof and
shall be given an opportunity to be heard at the meeting.
Additionally, any Director who has three (3) consecutive unexcused
absences from Board meetings or who is delinquent in the payment of
an Assessment for more than sixty (60) days may be removed by a
majority vote of the remaining members of the Board of Directors.
In the event of death, resignation or removal of a Director,
his successor shall be elected by a majority of the remaining
members of the Board and shall serve for the unexpired term of the
predecessor.
Section 8. VOTING PROCEDURE FOR DIRECTORS. The first
election of the Board shall be conducted at the first annual
meeting of the Association, at which time the Developer shall
announce the Directors which are appointed to the Board. At such
election, and at all elections thereafter, the Members may cast, in
respect to each vacancy, as many votes as the are entitled to
exercise under the provisions of the Declaration. The candidates
receiving the largest number of votes shall be elected. Cumulative
and proxy voting for the election of Directors shall not be
permitted.
B. BOARD MEETINGS.
Section 9. ANNUAL MEETINGS. Each year, the first meeting
of the Board of Directors shall be held within ten (10) days after
each annual meeting of the Members of the Association, at such time
and place as shall be fixed by the Board.
Section 10. REGULAR MEETINGS. Regular meetings of the
Board of Directors may be held at such time and place as shall be
determined from time to time by a majority of the Directors, but at
least four (4) such meetings shall be held during each fiscal year
with at least one (1) per quarter. Notice of the time and place of
the meeting (a) shall be posted at a prominent place within the
Association Property at least forty-eight (48) hours in advance,
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except in an emergency, and (b) shall be communicated to Directors
in the manner set forth in Section 11 of this Article, but not less
than forty-eight ( 48 ) hours, pr ior to the meeting; provided,
however, that notice of a meeting need not be given to any Director
who may si.gn a waiver of notice or a written consent to holding of
the meeting.
Section 11. SPECIAL MEETINGS. Special meetings of the
Board of Directors shall be held when called by written notice
signed by the President of the Association, or by a majority of the
members of the Board of Directors.
The notice shall specify the time and place of the meeting and
the nature of any special business to be considered. The notice
shall be given to each Director by one of the following methods:
(a) personal delivery; (b) written notice by first class mail; (c)
telephone communication, either directly to the Director or to a
person at the Director's office who would reasonably be expected to
communicate such notice promptly to the Director; or (d) by
telegram, charges prepaid. All such notices shall be given or sent
to the Director's address or telephone number as shown on the
records of the Association. Notices sent by first class mail shall
be deposited into a United States mailbox at least seventy-two (72)
hours before the time set for the meeting. Notices given by
personal delivery, telephone, or telegraph shall be delivered,
telephoned, or given to the telegraph company at least forty-eight
(48) hours before the time set for the meeting, unless an emergency
situation requires waiver of this requirement as may be determined
by the Board. Notices shall be posted at a prominent place within
the Association Property not less than forty-eight (48) hours prior
to the scheduled time of the meeting.
Section 12. WAIVER OF NOTICE. The transactions of any meeting
of the Board of Directors, however called and noticed or wherever
held, shall be as valid as though taken at a meeting duly held
after regular call and notice if (a) a quorum is present, and (b)
either before or after the meeting each of the Directors not
present signs a written waiver of notice, a consent to holding the
meeting, or an approval of the minutes. The waiver of notice or
consent need not specify the purpose of the meeting. Notice of a
meeting shall also be deemed given to any Director who attends the
meeting without protesting before or at its commencement about the
lack of adequate notice.
Section l3. QUORUM OF BOARD OF DIRECTORS. At all meetings of
the Board of Directors, a majority of the Directors shall
constitute a quorum for the transaction of business, and the votes
of a majority of the Directors present at a meeting at which a
quorum is present shall constitute the decision of the Board of
Directors. A meeting at which a quorum is initially present may
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continue to transact business, notwithstanding the withdrawal of
Directors, if any action taken is approved by at least a majority
of the required quorum for that meeting. At an adjourned meeting at
which a quorum is present, any business which might have been
transacted at the meeting originally called may be transacted
without further notice.
Section 14. COMPENSATION. No Director shall receive any
compensation from the Association for acting in such capacity or
capacities, unless approved by a majority vote of the Board of
Directors at a regular or special meeting.
section 15. CONDU(:T OF MEETINGS. The President shall preside
over all meetings of the Board of Directors, and the Secretary
shall keep a minute book for the Board of Directors, recording
therein all resolutions adopted by the Board of Directors and a
record of all transactions and proceedings occurring at such
meetings. In the absence of the President, any Director designated
by the President shall act in his place and stead. Members of the
Board shall be deemed present in person at a meeting of such Board
if a conference telephone or similar communications equipment is
used by means of which all persons participating in the meeting can
hear each other at the same time.
Section 16. OPEN MEETINGS. All meetings of the Board shall be
open to all Members, but Members other than Directors may not
participate in any discussion or deliberation unless expressly so
authorized by the President or Director presiding over the meeting.
Section 17. EXECUTIVE SESSION. The Board may adjourn a
meeting and reconvene in executive session to discuss and vote upon
personnel matters, litigation is which the Association is or may
become involved, and orders of business of a similar confidential
nature.
Section 18. ACTION WITHOUT A FORMAL MEETING. Any action to be
taken at a meeting of the Board or any action that may be taken at
a meeting of the Board may be taken without a meeting if a consent
in writing, setting forth the action so taken, shall be signed by
a majority of all of the Directors. An explanation of the action
taken shall be posted at a prominent place or places within the
Common Area within three (3) days after the written consents of a
majority of all the Board members have been obtained, except for
items discussed in executive session.
C. POWERS AND DUTIES
Section 19. POWERS. The Board of Directors shall be
responsible for the affairs of the Association and shall have all
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of the powers and duties necessary for the administration of the
Association's affairs and, as provided by law, may do all acts and
things as are not by the Declaration, Articles, or these Bylaws
directed to be done and exercised exclusively by the Members.
In addition to the duties imposed by these Bylaws or by any
Resolution of the Association that may be hereafter adopted, the
Board of Directors shall have the power to and be responsible for
the following, by way of explanation, but not limitation:
(a) preparation and adoption of an annual budget in which
there shall be established the contribution of each Member to the
Common Expenses~
(b) making general, special and emergency special assessments
to defray the Common Expenses, establishing the means and methods
of collecting. such Assessments, and establishing the period of the
installment payments of such Assessments, as more particularly set
forth in the Declaration. (Unless otherwise determined by the Board
of Directors, the annual assessment against the proportionate share
of the Common Expenses shall be due and payable by each Member in
monthly installments.)~
(c) collecting the Assessments, depositing the proceeds
thereof in a financial institution which it shall approve, and
using the proceeds to administer the Association,
(d) opening of bank accounts on behalf of the Association and
designating the signatories required;
(e) providing for the operation, care, upkeep, and
maintenance of all of the Common Area~
( f) designating, hiring, and dismissing the personnel for the
Association necessary for its maintenance, operation, repair, and
replacement of the Common Area and, where appropriate, providing
for the compensation of such personnel and for the purchase of
equipment, supplies, and material to be used by such personnel in
the performance of their duties. Bids for work to be performed
shall be considered official records and shall be maintained for a
period of one year;
(g) making and amending Rules and Regulations;
(h) making or contracting for the making of repairs,
additions, and improvements to or alterations of the Common Area in
accordance with the other provisions of the Declaration and these
Bylaws after damage or destruction by fire or other casualty~
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(i) enforcing by legal means the provisions of the
Declaration, these Bylaws, and any Rules and Regulations adopted by
it and bringing any proceedings which may be instituted by the
Association on behalf of or against the Members;
(j) obtaining and carrying insurance against casualties and
liabilities, as may be available, as provided in Article VIII of
the Declaration, and paying the premium cost thereof; and
(k) keeping books for a period not less than seven (7) years
with detailed accounts of the receipts and expenditures affecting
the Association and its administration, specifying the maintenance
and repair expenses and any other expenses incurred. The said books
and vouchers accrediting the entries thereupon shall be available
for examination by the Members, and their mortgagees, their duly
authorized agents, accountants, or attorney, during reasonable
business hours on working days as may be determined by the Board of
Directors. All books and records shall be kept in accordance with
generally accepted accounting practices.
Section 20. MANAGEMENT AGENT.
(a) The Board of Directors may employ for the Association a
professional management agent or agents at a compensation
established by the Board of Directors to perform such duties and
services as the Board shall authorize. The Board of Directors may
delegate to the management agent or manager, subject to the Board's
supervision, all of the powers granted to the Board of Directors by
these Bylaws, other than the powers set for the in subparagraphs
(a), (b), (d), (g), and (i) of Section 19 of this Article. The
Developer, or an affiliate, may be employed as managing agent or
manager.
(b) No management contract may have a term in excess of one
(I) year and must permit termination by either party without cause
and without a termination fee upon thirty (30) days or less written
notice.
(c) No remuneration shall be accepted by the management agent
from vendors, independent contractors, or others providing goods or
services to the Association, whether in the form of commissions,
finder's fees, service fees, prizes, gifts, or otherwise; anything
of value received shall benefit the Association.
(d) Any financial or other interest which the management
agent may have in any firm providing goods or services to the
Association shall be disclosed promptly to the Board of Directors.
Section 21. ACCOUNTS AND REPORTS. The following management
standards .of. performance will be followed unless the Board by
resolution specifically determines otherwise.
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(a) Accrual accounting, as defined by generally accepted
accounting principles, shall be employed.
(b) Accounting and controls should conform with established
American Institute of Certified Public Accountants (AICPA)
guidelines and principles. A segregation of accounting duties
should be maintained, and disbursements by check shall require two
(2) signatures, unless otherwise determined by the Board. Cash
disbursements shall be limited to amounts of fifty ($50.00) dollars
and under.
(c) Cash accounts of the Association shall not be commingled
with other accounts.
(d) Annual financial reports shall be prepared for the Board
of the Association containing a balance sheet as of the last day of
the Association's fiscal year, and an income statement for said
fiscal year, which shall be distributed to the Board within ninety
(90) days after the close of the fiscal year.
(e) Any Institutional First Mortgagee shall, upon written
request to the Board, receive a copy of the Association's annual
financial report for the immediately preceding year.
(f) The Official Records of the Association are: (1) a copy
of the plans, permits, warranties, and other items provided by the
developer; (2) a copy of the By-Laws of the Association and of
each amendment to the By-Laws; (3) a certified copy of the
Articles of Incorporation of the Association and of each amendment
thereto, (4) a copy of the current rules of the Association; (5)
a book or books that contain the minutes of all meetings of the
Association, of the Board of Directors, and of members, which
minutes shall be retained for a period of not less than 7 years;
(6) a current roster of all members and their mailing addresses,
parcel identifications, and, if known, telephone numbers; (7) all
current insurance policies of the Association or a copy thereof;
(8) a current copy of any management agreement, lease, or other
contract to which the Association is a party or under which the
Association or the parcel Owners have an obligation or
responsibility; (9) accounting records for the Association and
separate accounting records for each parcel.
Section 22. BORROWING. The Board of Directors shall have the
power to borrow money for the purpose of repair or restoration of
the Common Area and facilities without the approval of the Members
of the Association, provided, however, the Board shall obtain
membership approval in the same manner as set for the in Article X,
Section 4, of the Declaration concerning special assessments in the
event that the proposed borrowing is for the purpose of modifying,
11
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improving, or adding ameni ties, and the total amount of such
borrowing exceeds or would exceed twenty (20%) percent of the
annual budget of the Association for that fiscal year.
section 23. RIGHTS OF THE ASSOCIATION. with respect to the
maintenance of the Common Area or other Association
responsibilities, and in accordance with the Articles of
Incorporation and the Declaration, the Association shall have the
right to contract with any person or entity for the performance of
various duties and functions. Without limiting the foregoing, this
right shall entitle the Association to enter into common
management, operational, or other agreements with trusts,
condominiums, cooperatives, or other Associations or Condominium
Associations, both within and without the Property. Such agreements
shall require the consent of two-thirds (2/3) of the total votes of
all Directors of the Association.
Section 24. VIOLATION PROCEDURE. The Board shall not imposes
a fine (a late charge does not constitute a fine), or suspend
voting rights of a Member or occupant for violations of these
Bylaws unless and until the procedure as set for the in Article
XIV, Section 4 of the Declaration is followed.
Section 25. DEVELOPER'S RIGHTS AND VETO POWER. The Developer
shall have the rights and veto power as set forth in Article XV of
the Declaration.
ARTICLE IV
OFFICERS
Section 1. OFFICERS. The Officers of the Association shall be
a President, Vice President, Secretary, and Treasurer. The Board of
Directors may elect such other Officers, including one or more
Assistant Treasurers, as it shall deem desirable, such Officers to
have the authority and to perform the duties prescribed from time
to time by the Board of Directors. Any two or more offices may be
held by the same person, excepting the offices of President and
Secretary. The President and Treasurer shall be elected from among
the members of the Board of Directors.
Section 2. ELECTION. TERM OF OFFICE. AND VACANCIES. The
Officers of the Association shall be elected annually by the Board
of Director. at the first meeting of the Board of Directors
following each annual meeting of the Members, as herein set forth
in Article III. A vacancy in any office arising because of death,
resignation, removal, or otherwise may be filled by the Board of
Directors for the unexpired portion of the term. If the
Association fails to fill vacancies on the Board of Directors
sufficient to constitute a quorum in accordance with these By-Laws,
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any parcel OWner may apply to the Circuit Court that has
jurisdiction over the community served by the Association for the
appointment of a receiver to manage the affairs of the Association.
At least 30 days before applying to the Circuit Court, the parcel
Owner shall mail to the Association and post, in a conspicuous
place on the property of th~ community served by the Association,
a notice describing the intended action, giving the Association the
opportunity to fill the vacancies. If during such time the
Association fails to fill the vacancies, the parcel Owner may
proceed with the petition. If a receiver is appointed, the
Association shall be responsible for the salary of the receiver,
court costs, and attorney's fees. The receiver shall have all
powers and duties of Q duly constituted Board of Directors and
shall serve until the Association fills vacancies on the Board
sufficient to constitute a quorum.
section 3. REMOVAL. Any Officer may be removed by a majority
vote of the Board of Directors whenever in its judgment the best
interests of the Association will be served thereby.
section 4. POWERS AND DUTIES. The Officers of the Association
shall each have such powers and duties as generally pertain to
their respective offices, as well as such powers and duties as may
from time to time be specifically conferred or imposed upon them by
the Board of Directors. The President shall be the chief executive
Officer of the Association. The Treasurer shall have primary
responsibility for the preparation of the budget as provided for in
the Declaration and my delegate all or part of the preparation and
notification duties to a finance committee, management agent or in
such other manner as deemed appropriate by the Board.
Section 5. RESIGNATION. Any Officer may resign at any time by
giving written notice to the Board of Directors, the president, or
the Secretary. Such resignation shall take effect on the date of
the 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.
Section 6 . AGREEMENTS. CONTRACTS. DEEDS AND LEASES. All
agreements, contract, deeds, leases, and other instruments of the
Association shall be executed by at least two (2) Officers or by
such other person or persons as may be designated by resolution of
the Board of Directors.
Section 7. COMPENSATION. No Officer shall receive any
compensation from the Association for acting in such capacity or
capacities, unless approved by a majority vote of the Board of
Directors at a regular or special meeting.
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ARTICLE V
COMMITTEES
Section 1. GENERAL. Committees to perform such tasks and to
serve for .uch periods as may be designated by a resolution adopted
by a majority of the Directors present at a meeting at which a
quorum is present are hereby authorized. Such committees shall
perform such duties and have such powers as may be provided in the
resolution. Each committee shall be composed as required by law and
shall operate in accordance with the terms of the resolution of the
Board of Directors designating the committee or with rules adopted
by the Board of Directors. Such committees shall be in addition to
those hereinafter described.
ARTICLE VI
MISCELLANEOUS
Section 1. FISCAL YEAR. The fiscal year of the Association
shall be the calendar year or as may be otherwise determined by the
Board.
Section 2. PARLIAMENTARY RULES. Except as may be modified by
Board resolution establishing modified procedures, Robert's Rules
of Order (current edition) shall govern the conduct of Association
proceedings when not in conflict with Florida law, the Declaration,
the Articles of Incorporation, or these Bylaws.
Section 3. CONFLICTS. If there are conflicts or
inconsistencies between the prov~s~ons of Florida law, the
Declaration, the Articles of Incorporation, and these Bylaws, the
provisions of Florida law, the Declaration, the Articles of
Incorporation and the Bylaws (in that order) shall prevail.
Section 4. BOOKS AND RECORDS.
(a) InsDection by Members. The membership register, books of
account, and minutes of meetings of the Members, the Board, and
committees shall be made available for inspection and copying by
any Member of the Association for by its duly appointed
representative, by the Developer, and by Institutional First
Mortgageea, at any reasonable time and for a purpose reasonably
related to their interests at the office of the Association or at
such other place wi thin Palm Beach County as the Board shall
prescribe.
14
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(b) Rules for Inspection
reasonable rules with respect to:
(i) notice to be given to the custodian of the records
by any authorized person desiring to make the inspection;
The Board shall establish
(ii) hours and days of the week when such an inspection
may be made; and
( iii) payment of the cost of reproducing copies of
documents requested by any authorized person.
(c) Inspection by Directors. Every Director shall have the
absolute right at any reasonable time to inspect all books, records
and documents of the Association and the physical properties owned
or controlled by the Association. The right of inspection by a
Director includes the right to make extracts and copies of
documents at the expense of the Association.
Section 5. NOTICES. Unless otherwise provided in these Bylaws,
all notices, demands, bills, statement, or other communications
under these Bylaws shall be in writing and shall be deemed to have
been duly given if delivered personally or if sent by regular mails
(a) if to a Member, at the address which the Member has
designated in writing and filed with the Secretary or, if no such
address has been designated, at the legal address of such Member;
or
(b) if to the Association, the Board of Directors, or the
management agent, at the principal office of the Association or the
management agent, if any, or at such other address as shall be
designated by notice in writing to the Members pursuant to this
Section.
Section 6. AMENDMENT. Prior to the sale of the first
Residential Unit, the Developer may amend these Bylaws. These
Bylaws may be otherwise amended, altered or rescinded by the Board
of Directors at any regular or special meeting; provided, however,
that at no time shall the Bylaws conflict with the terms of the
Declaration or the Articles of Incorporation or the Master
Association Declaration. Until such time as the Developer
relinquish.. control of the Association, no amendments to those
Bylaws shall be effective unless the Developer shall have joined in
and consented thereto in writing. No Amendment, alteration of
modification of these Bylaws shall be made which affects the rights
or privileges of any Institutional First Mortgagee, nor may these
Bylaws be rescinded without the express, prior written consent of
all Institutional First Mortgagees so affected, and any attempt to
amend, alter, modify or rescind contrary to this prohibition shall
be of. no force or effect. .
15
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Section 7. VALIDITY. If any provision of these Bylaws, or part
thereof, shall be adjudged invalid or become unenforceable in law
or in equity, the same shall not affect the validity of any other
provision, or part thereof and the remaining provisions of this
instrument shall nevertheless be and remain in full force and
effect.
The foregoing were adopted as Bylaws of Jonathans Grove
Homeowners Association, Inc., a corporation not for profit under
the laws of the state of Florida, at the first meeting of the
initial Board on the FIFTEENTH d:-::. Of~:I~ .' : , 1994.
~. /f:'(if~f. ~
e ek arm
President
. ..r " .
*' " '~.. .
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,::~~,;.;
...,
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
, ,
,.
'. ..... 1.1
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"
',"', 1"
I')
KAT
.prgs1:1Gedo
instrument wa~j;cknowledged before me this
, 19~, by CHUCK SHARMAN and
, who are personally known to me or liRe have--
as identification.
[NOTARY SEAL]
J4ht ~ Li!.
Notary Public, State of Florida
My Commission Expires:
"'~~""'" SARA L LEITH
!.1~>'I"'~{~ MY COt~MlSSION' cc ~
~ fl: EXPIRES: FtllruIrY 22. 1987
~1.~ . 'I BGlldId ThN NOlIIY P\:IlIC ~
,Rr...,.
16
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PAX AUDIT HO.: H94000002670
the mutual benefit of the Members and their property. All
terms used herein which are defined in the Declaration shall have
the same meaning herein as therein.
ARTICLE III
POWERS
The powers of the Association shall include and be governed by
the following provisions:
Section 1. COMMON LAW AND STATUTORY POWERS. The
Association shall have all of the common law and statutory powers
of a corporation not for profit including, but not limited to,
those powers set forth and described in Chapter 617, Florida
Statutes, as the same may be amended from time to time, together
with, or as limited by, those powers conferred on the Association
by the Declaration, these Articles, and the Bylaws of the
Association, all as may be amended from time to time.
Section 2. NECESSARY POWERS. The Association shall have
all of the power& reasonably necessary to implement its purpose,
including, but not limited to, the following:
A. To operate and manage the Common Area in accordance with the
purpose and intent contained in the Declaration;
B. To make and collect Assessments against Members to defray the
Common Expenses;
C. To use the proceeds of Assessments in the exercise of its
powers and duties;
D. To maintain, repair, replace and operate the Common Area and
the improvements located thereon;
E. To reconstruct improvements upon the Common Area after
casualty;
F. To make and amend the Bylaws and Rules and Regulations of the
Association respecting the use of the Property;
G. To pay all taxes and other assessments which are. liens against
the Common Area;
2 PAX AUDIT HO.: H94000002670
.
PAX AUDI'! HO. I H94000002670
H. To enforce by legal means the prov~s~ons of the Declaration,
these Articles, the Bylaws and the Rules and Regulations of the
Association;
I. To provide for management and maintenance, and, in its
discretion, to authorize a management agent to assist the
Association in carrying out its powers and duties by performing
such functions as collection of assessments, preparation of
records, enforcement schedules and maintenance of the Common Area.
The Association shall, however, retain at all times the powers and
duties granted it by common law, Florida Statutes and local
ordinances including, but not limited to, the making of
assessments, the promulgation of Rules and Regulations, and the
execution of contracts on behalf of the Association;
J. To possess, enjoy and exercise all powers necessary to
implement, enforce, and carry into effect the powers above
described, including the power to acquire, hold, and convey real
and personal property;
K. To do and perform all such other acts and things permitted and
to exercise all powers granted to a corporation not for profit
under the laws of the state of Florida as those laws now exist or
as they may hereafter provide.
Section 3. FUNDS AND TITLE TO PROPERTIES. All funds and
ti tIe to all properties acquired by the Association and the
proceeds thereof shall be held only for the benefit of the Members
in accordance with the provisions of the Declaration.
Section 4. LIMITATIONS. The powers of the Association
shall be subject to and be exercised in accordance with the
provisions of the Declaration.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Membership and voting rights shall be as set forth in the
Declaration and Bylaws.
3 FAX AUDI'! HO.: H94000002670
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PAZ AuDIT 80. a H94000002670
ARTICLE V
BOARD OF DIRECTORS
The affairs of the Association shall be managed by a Board of
Directors. Until such time as the Developer relinquishes control of
the Association, as described in the Declaration and Bylaws, the
Developer shall have the right to appoint a majority of the members
of the Board of Directors. Further, no Director appointed by the
Developer or the Board of Directors need be a Member; however, all
Directors elected by members other than the Developer on the Board
of Directors must be Members. The initial Board shall consist of
three (3) Directors. The Developer shall be entitled at any time,
and from time to time, to remove or replace any Director originally
appointed by the Developer. The Developer may waive or relinquish
in whole or in part any of its rights to appoint anyone or more of
the Directors it is entitled to appoint. The following persons
shall constitute the initial Board of Directors:
Name
Jack B. Hansen
Address
90l North Lake Destiny Drive
Suite 185
Maitland, Florida 32751
901 North Lake Destiny Drive
Suite 185
Maitland, Florida 32751
901 North Lake Destiny Drive
Suite 185
Maitland, Florida 32751
Charles C. Sharman
Katherine A. Montgomery
ARTICLE VI
OFFICERS
The Officers named herein shall serve until replaced by the
Developer or until the first regular meeting of the Board of
Directors, which ever shall occur first. Offioers elected at the
first meeting of the Board shall hold office until the next annual
meeting of the Board of Directors, or until their successors shall
have been appointed and shall qualify. So long as the Developer
retains control of the Association, as defined in the Declaration,
4 PAZ AUDIT 80. a H94000002670
p
..0 AUDI~ 80. I H94000002670
no Officer elected by the Board shall serve the Association until
such time as the Developer approves the Officer. Upon the election
of an Officer by the Board of Directors, whether the election of
an Officer by the Board of Directors, whether the election occurs
at the annual meeting or otherwise, the Board shall forthwith
submit the name of such newly appointed Officer or Officers, as the
case may be, in writing, to the Developer. The Developer shall
approve or disapprove said Officer, or Officers, within twenty (20)
days after receipt of said name or names. In the event the
Developer fails to act within such time period, such failure shall
be deemed approval by the Developer. The initial Officers shall
consist of a President, Vice President, Secretary, and Treasurer.
The following persons shall serve as initial Officers of the
Association:
~
TITLE
Charles C. Sharman
President
Jack B. Hansen
Vice President
Katherine A. Montgomery
SecretaryllTreasurer
ARTICLE VII
INDEMNIFICATION OF OFFICERS AND DIRECTORS
Every Officer and Director of the Association shall be
indemnified by the Association as provided in the Declaration and
Florida Statute Chapter 617.
ARTICLE VIII
SUBSCRIBERS
The name and address of the incorporator and subscriber to
these Articl.. of Incorporation is:
Name
Address
Charles C. Sharman
90l North Lake Destiny Drive
Suite 185
Maitland, Florida 32751
5 . ..0 AUDI~ RO. I H94000002670
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