LEGAL APPROVAL
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POBOX 310
120 N.E. 2ND AVENUE
BOYNTON BEACH. FLORIDA 33435
13051 734-8111
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CITY of
BOYNTON BEACH
October 7, 1982
Mr. Kenneth L. Groves
P.O.Box 3198
Lantana, Fl. 33462
Dear Mr. Groves:
Please be advised that on Wednesday, October 6,
1982, the City Council approved on second reading,Ordinances
# 82-26, 82-32, and 82-34,which annex and zone the so-called
Point Manalapan properties. Also, as a part of the approval
of these Ordinances, the Master Plans for the Cedar Ridge
Estates PUD, and the High Ridge Commerce Park PID are approved
subject to agreements and stipulations listed in the Petition
for Voluntary Annexation and staff comments, (see attached).
..
If, after you have had an opportunity to review
this information, you have any questions concerning these
~matters, please feel free to contact me at your convenience.
Yours very truly,
CSA:mpc
CITY OF BOYNTON BEACH ~
C.~8~t'
Carmen S. Annunziato
City Planner
CC: City Manager
Bldg. Dept. w/plans & attmts.
Eng. Dept. w/plans & attmts.
Utility Dept.w/plans & attmts.
Police Dept.
Fire Dept.
Parks & Rec. Dept.
Public Works Dept.
Central File w/plans & attmts.
Energy Coordinator
//
EXHIBIT "1"
LEGAL DESCRIPTION
A parcel of land lying in ~ction 9, Township 45 South, Range 43 East,
Palm Beach County, Florida. \
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the
North 2/3 of the Southeast 1/4 of the Northwest 1/4 of
aid Section 9.
the North 1/2 of the Southwest 1/4 of the Southwest 1/4 and
of the South 1/2 of the Northwest 1/4 of the Southwest 1/4
less ;the 25.00 feet right-of-way of Highi..Ridge Road.
TOGETHER WITH the South 1/2 of the Southwest 1/4 of the Southwest 1/4
of Section 9, less the 25.00 feet righ~t-Of-wa:.. ocT""! High Ridge Road.
TOGETHER WITH Tracts D, E, and F, as s own ~~at 0 Lincoln Memorial
Gardens, as recorded in Plat Book 23, age ~~~pal Beach County, Florida.
TOGETHER WITH all that land, bounded on the u by the South line of
said Section 9; bounded on the East by the West right-of-way of the
" Seaboard Air Line Railroad (as laid out and now i '.-;--.'.-- -~ on the
North by the South line of Tract "D", as same s shown 0 t of
Lincoln Memorial Gardens, recorded in Plat o~o... page ub ic.Records
of Palm Beach County, Flo~idal bounded on the' by the Ii e of the
South Half (S 1/2) of the Southwest Quart r ( '.) of t test
Quarter (SW 1/4) of said Section 9~
EAST 5' (;..J(- 5 7 t1'7t~-
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. : '.j':.~.-~...~';..;<. "(J) PROCEDURES FOR ZONING-OF LAND TG -PUD. -'.
. .~~:~~:.. :.....~~.: ~...Th~ ;;~~'~d~'r~s'~~~"io~ing of land to- PUD Lassifj~tion '';ith .
I : :..:'~":;; ':.: ~~ :speci.fi~'; LUI' rati.ng shan. be the same ar for .wning ]and' ': -_
_ ,. f ~-:o~.': ..- .' genera1ly~ Because of t~e d~f! erences be.tween. PUD develop-.' .....
:. !.:': _:' ~ .~: '.ments and the concept of unifJed controlm development, bow- ., : .',
~ ~:~, .~:- ~.>_;:~~:::e~f!,.t~e. ~ollowing .pr~edu~es and requ~.e~~nts. ~half a?~ly.' _'~ .
:' .... ~ -! to applIcabons for zonIng to PUD. classIflcabon, m addition r-':\
.j :,. X):~~ '.~~ ~.~~ t?e gen~ral requirements:. '. . '. !. .;'. :.: ;' < ....: .~. .~. .: ~". o'~
I'~;~-"~~; ~- . ~ .:.:: '(at ~ppliCati.ons ~ ma~ria1s to be .s.ub~~d. I~-ad~itio~ to _.: ---.
. >~ ;:- .' ~ .: infonnabon reqUlred for applIcabon~ for zonlIlg gen-
': ~...:.~..:.- ; :-.\~;.~' ..e:allY; the applicant shall" submit th~ fcrJlowing mate- ~ ._
, :.: ,_: .~ ._", . .'~. '-nals or pata:' .:-: r!.'. ., _ 1:':. _ "0
r' . ". '. . . '.. :~. '. , .'. . ..' I. :.
j. . . -.'. '..: ~:_ ):. - '. -.." (l.f Legal d~cum'ents assuring unifi~d' control of the
;" - ~ :' ..: ":;,,:;'~..-<~ '-: proposed PUD and the agreements required under
:. .~'. J ..-.;::_ :J:' subsection (F). .' . t '. '.'
:.., '.~ ~ . -.....-..-. ....: '(2) A statement:as ~ the LID ~ating. s~uiht for th~'_
. ;". ..--,.-.--..... PUp an~ ~uch' supporting evidence or'documenta-. --: ~~
.- .tion as the applicant...may feelis~.-pertinent to"en.,.-:-
able the planning and wrung board and the'govern"-
. ... ... .ing body 10 detennine-=whether..,;or -not the LUI..:.-:; -
..:. :. . :' '.: . ~ .;ati~ requested is reaSonable and pr~per.. .' .. !.--
. '-<:' (~j' A.site dey~l~;mentplan containini: .!....
.:..' >. :.~ "-:.;'. a.-:. The ;title. of the project and the names of the
.:- '-.," i.'.. , :. . :. . professional project planner and the devel-
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:;".~.:. .-:.: "0 - .. .~..- oper ;". ~ ~- -. ~ ..
.:
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. b. Scale, date, north arrow, and .generallocation
,
map;
c. Boundaries of the 1;>roperty involved,~a1J exist-
ing streets, buildings, water courses, ease-
ments, section lines,' and other existing im-
'. porlant"physical features in and. arljoining the
. t ·
proJec ; - . I
. d. Master plan lo~tions of the diffetent uses
::-.~.: ;'~:.:-.'~~_.~ .' .... proposed by dweJling types, open spaCes desig-
. nations, recreational facilities, co'mmercial
:. .' . _-'0 . . : "; uses, other' pennitted uses, and ~ff-street
- parldng and off-;treet loading locations;.
. .
. . .
.::. - -.' e. . Master plan sbowing access. and tra;ffic. flow
:. .'" :.. . and how vehicular traffic will.be separated
. ....... from pedestrian and other types of traffic; ~
.':..7. _..:-..". ~.J.' Tabulation~ ~f total ~ross acreage i~ the de-
- :.:' :';":'-'.'. -' 'velopment'and the percentages thereof pro-
o . . . I . ~
. .: '. ;' ., . posea to be devoted to the several dwelling
- .. . _ : '. types, other pennitted uses, recreatidnal facH-
. _ it;.ies, streets, parks, scbools, and other reser-
__ '.. vations; .
.
g. . Tabulations demonstrating the relationship of
the development to proposed LID rating. as
- '. shown in Table I, subsection (D). 'and pro-
......> . . ..... posed numbers and types of dwelling units;
",: .. and ~. !
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. .' h:.. Wh~re 'required by the area planning' board
.' :.' '.' .:. - . . an environmental impact study -shall be sup-
plied. .. .
-(4) 'A statement showing modifications of wning or
other ...applicable ..city- regulations where it-is in-
tended by the applicant that ~uch modification
serves the public interest to an equivalen~ degree.
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SAMPLE ONLY
---a
Final document5
to be prepared by Attorney.
DECLARATION OF RESTRICTICr~s
FOR
CEDAR, : R!I DGE
THIS DECLARATION, made
, a Florida corporation,
"Declar;:.nt";
by GIBRALTAR SERVICE CORPORATION
hereinafter referred to as
WIT N E SSE T H:
~, HER E AS, 0 e cIa ran tis the 0\'" n e r 0 f c e r t a i n pro per t y i n
Pal m Be a c h Co u n t y , F 1 or i d a , m 0 r e par tic u 1 a r 1 y des c rib e din
EXHIBIT A affixed hereto and made a part hereof, and is desirous
of subjecting ~uch real property to the covenants, conditions and
restrictions hereinafter set forth, each and all of which are for
the benefit of such property and each present and future owner
and shall apply to and bind every present and future owner of
said property and their heirs, successors and assigns; and,
N ml , T H [ REF 0 R E ,De c I a ran the r e by de c 1 are s t hat the rea 1
property described in EXHIBIT A is and. shall be held, tranferred,
sold, conveyed, used and occupied subject to the covenants,
conditions and restrictions hereinafter set forth:
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to
CEDAR RIDGE HOMEOWNERS ASSOCIATION, INC., its successors and
assigns.
Section 2.
to the Articles of
with the Florida
Association.
"Articles and By-Laws" shall mean and refer
Incorporation for the Association to be filed
Secretary of State and the By-Laws of the
Section 4. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of a fee simple
title to any Unit including contract sellers, but excluding those
. having such interest merely as security for the performance of an
obligation.
Section 5. .I/Properties" shall .mean and refer to that
certain real property described in EXHIBIT A affixed hereto and
made a part hereof, and such additions thereto as may hereafter
be brought within the operation of this document.
Section 6. "Common Area" shall mean all real property
(and interests therein and improvements thereon) and personal
property owned or leased by or dedicated to the ^ssociation for
the COlilfilon use and enjoYiilent of the Ol'.ners. Illitirdly, t.he
Co~mon Area shall consist of all portions of the r~~pc~t!es "hich
are not dedicated to the Cannongate Association, a governfolf:ntal
entity or the public, including the open spaces of the Properties
which are not a part of the Units.
Section
certain drainage,
dedicated to the
Properties.
7. "P.U.D. Common Areas"
water management and P.U.D.
Connongate Association on
shall mean those
open space areas
the plat of the
Section 8. "P.U.D." shall mean and refer to the
Cannongate P.U.D. as a whole.
Section 9. "Unit" shall mean each residential dwelling
constructed by Declarant, its successors and assigns, and
conveyed by recorded deed to a purchaser thereof. The legal
description for each Unit shall reference the plat, recorded in
the Public Records, for the Properties.
Section 10. "Public Records" shall mean the public
records of Palm Beach County, Florida, as recorded in the Clerk
of the Circuit Court's office thereof.
ARTICLE II
ANNEXATION AND WITHDRAWAL
Section 1. Annexation by Declarant. Until such time as
all Units in the Properties have been conveyed to individual
purchasers, additional residential property and/or Common Area
may be annexed to the Properties by the Declarant. No consent
from any other party, including Class A members, or any
mortgagees of any Uni ts shall be required. Such annexed lands
shall be brought within the scheme of this Declaration by the
recording of a short form Notice of Declaration that shall be
executed by Declarant and recorded in the Public Records. The
short form of Declaration shall refer to this Declaration and
shall, unless specifically otherwise provided, incorporate by
reference all the terms, covenants and conditions and
restrictions of this Declaration, thereby subjecting said annexed
lands to such terms, covenants, conditions and restrictions as
fully as though said annexed lands were described herein as a
portion of the Properties. Such Notice of Declaration may
contain such additions or modifications of the covenants and
restrictions contained in this Declaration as may be necessary to
reflect the different character, if any, of the added land and/or
units and as are not materially inconsistent with the scheme of
this Declaration. Any annexation shall require the prior written
approval of Palm Beach County, which shall not be unreasonably
withheld.
Section 2. Annexation by t.lembers. At such time as all
Units in the Properties have been conveyed to individual
purchasers, additional lands may be annexed only with the consent
of two-thirds (2/3rds) of the vote .of the membership in the
Association.
Section 3. \Hthdrawal. For a period of eight years
from the date of recordation of this Declaration, the Declarant
shall be entitled to withdraw any portion of the Properties which
are described in Exhibit A affixed hereto (or any additions
thereto which may have been annexed in accordance with the
provisions of Section 1 of this Article II) from the provisions
and applicability of this Declaration and the Articles and
By-.Laws attached hereto, by recording a notice to that effect in
the Public Records. The right of Declarant to withdraw shall not
apply to any portions of the Properties or Units which have been
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0292z/02llD
ca~v~yed to a Purch?ser thereof 1Jr'l1'?ss s::Jid right is 5pc-cif,(.=.ily
reserved in such conveyance or approved by such Purchaser. T:,e
wittldrawal of any portion of the Properties shall not, excr;pt as
set forth above, require the consent or joinder of any other
party, including any Owner, the Association, or any Hortgagee of
the Properties and/or Units. Any withdra\'.'al shall require the
prior written approval of Palm Beach County, which shall not be
unreasonably w~~hheld:
Section 4. Vacating Recorded Plat. Declarant
hereby covenants that it will not vacate any portion of the
recorded plat for the Properties, as recorded in the Public
Records of Palm Beach County, Florida, which provides for open
space, unless it vacates the entire plat of record.
ARTICLE III
UNIT BOUNDARIES
Section 1. Boundaries. A Unit consists
ind~vidual Unit lying within the following boundaries:
(a) Horizontal Boundary:
of
an
Upper and Lower Boundaries. The upper and
lower boundaries of a Unit shall be the following boundaries
extended to an intersection with the perimetrical boundaries:
1. Upper Boundary--The upper plane of
the outside surface of the roof.
2. Lower Boundary--The real property
within the perimetrical boundaries.
(b) Perimetrical Boundaries:
The perimetrical boundaries of the Unit shall
be the vertical planes bounding the Unit as shown on the Plat of
the Properties extended to intersections with each other and with
the Upper and Lower Boundaries.
(c) Maintenance Easement. There shall exist an
easement through each Unit for the ducts, pipes, conduits,
plumbing, wiring or other facilities which serve more than one
Unit for the furnishing of utility services to the Units and for
maintaining, repairing and servicing sa~e.
provisions
compressors
refrigerant
to, and the
such Unit.
(d) Pipes. Any pipes, ducts, wires, conduits,
electrical panels,. plumbing, drains, or any utility services,
from the customer's side of the meter (if appropriate) serving
only one Unit are part of such Unit.
(e) Air Conditioning. Nothwithstanding any of the
of this Article to the contrary, the air conditioning
and blowers located on or near any building and the
and electrical lines running from such compressors
air handler within, the individual units are part of
(f) Parking. Each Unit is entitled to the
exclusive use of two (2) parking spaces. Such parking spaces
shall be assigned by the Declarant at the closing of each Uni t.
Such assignment may be changed from time to time with the consent
of the Association and Unit Owners involved. Such parking spaces
shall be used only by the occupants of such Unit and their guests
and invitees. All parking spaces are subject to rules and
regulations determined by the Association from time to time.
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the
:--~s~t to
interiur
long as
( 9 ) Res e r vat ion. 0 e c l.:ir ;J n t res :2 :' 'o' (" S
alter, without the approval of any other party,
design, boundaries and arrangements of all Units
Declarant owns the Units 50 altered.
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as
ARTICLE IV
PARTY WALLS - ROOFS
Section 1. General Rules of Law to Apply. Each wall
which is built as a part of the original construction of the Unit
(including fences, if any) upon the Properties and placed between
the Units shall constitute a party wall, and, to the extent not
inconsistent with the provisions of this Article, the general
rules of 1~l\'1 regarding party walls and liability for property
damage due to negligence or willful acts or omissions shall apply
thereto.
Section 2. Sharing of Repair and Maintenance.
of reasonable repair and maintenance of a party wall
shared equally by the Owners of the Units abutting same
otherwise provided herein~
The cost
shall be
except as
Section 3. Destruction by Fire or Other Casualty. If a
party wall is destroyed or damaged by fire or other casualty, the
Owners of the adjoining Unit must immediately restore it. In the
event the cost thereof is in excess of the insurance proceeds,
the Owners of the adjoining Units shall contribute equally to pay
such excess without prejudice, however, to the right of any such
Owner to call for a larger contribution from the others under any
rule of law regarding liability for negligent or willful acts or
omissions.
Section 4. Roofs. The roof of each building
constructed, although part of the respective Units, will extend
over all of the Units in each building. In the event that a
portion of a roof over more than one (1) Unit requires repair,
maintenance, or replacement, then the cost thereof, in excess of
insurance proceeds, if any, shall be shared prorata by the Owners
of the Units over which that portion of the roof to be repaired,
maintained or replaced is situated. In the event that damage or
destruction is confined to the roof area wholly within the
dimensions of a single Unit, cost of repair and replacement
thereof which is in excess of insurance proceeds, if any, shall
be paid by the Owner of said Unit. If the damage or destruction
of adjacent roof areas is caused by the negligence or willful
mi sc onduc t of anyone Owne r, such neg Ii gent Owne r shall bea r the
entire cost of repair or replacement, in excess of insurance
proceeds, if any. If any Owner shall neglect or refuse to
perform the maintenance as required in this Article or pay his
share, or all of such cost, as the case may be, any other
affected Owner may have such roof repaired or replaced and shall
be entitled to file in the Public Records a lien on the Unit of
the other Owner failing to pay for the amount of such defaulting
Owner's share of the repair or replacement cost plus attorneys'
fees and costs, which may be foreclosed in the same manner as a
lien of a mortgage. If an Owner shall give, or shall have given
a mortgage or mortgages upon his Unit, then the mortgagee shall
have the full right at its option to exercise the rights of his
mortgagor as an Owner hereunder and, in addition, the right to
add to the outstanding balance of such mortgage any 2~ounts paid
by the mortgagee for repairs hereunder and not reimbursed to said
mortgagee by the Owners.
Section 5.
provision of this
willful act causes
Heatherproofing. Not\'dthst.:irllJing any other
Article, an Owner who by his negligent or
the party wallar roof to be damaged or
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expcsed to the elements shall bear the whole cC5t of f"::-!1;~:!~r!g
the necessary protection against such elements.
Section 6. Rights to Contribution Runs \'Jith Land. The
right of any Owner tQ contribution from any other Owner under
this Article shall be appurtenant to the land and shall p8SS to
such Owner's successors in title. If any Owner shall neglr:ct or
refuse to pay his share under the provisions of this Article, any
,other affected"Owner. which has advanced more than his pro-rata
portion, is entitled to file a lien in the Public Records on the
Unit of the defaulting Owner in the amount of such share plus..
attorneys' fees and costs, which may be foreclosed in the same
manner as a lien of a mortgage.
Section 7. Arbitration. In the event of any
di spute a r {sing concerning a party wallar roof (including, but
not limited to, a determination as to whether said party wall or
roof needs repair. maintenance or replacement), or under the
provisions of this Article, any party may request the Soard of
Directors to settle the dispute, and the Board's decision shall
be binding. The Board may elect not to act in this capacity. If
the Board chooses not to act, each party shall select an
arbitrator and such arbitrators shall select one additional
-arbitrator. The decision of a majority of the arbitrators shall
be binding (provided, that, such decision does not defeat the
prerogatives of the Associations).
Section 8. Alterations. The Owner of any Unit sharing
a party wallar roof shall not cut windows or other openings in
the party wallar roof, nor make any alterations, additions or
structural changes in the party wallar roofs.
Section 9. Perpetual Use. Each party wall and roof
constructed between the Units is to be and remain for the
perpetual use and benefit of the respective owners thereof, their
heirs, assigns, successors and grantees, said Units being
conveyed subj ect to t hi s condi t ion and thi s condi t ion s ha 11 be
construed to bea covenant running with the land in perpetuity.
Section 10. Mortgagees Protections. So long as there
shall be a mortgage or mortgages upon any Units, the provisions
of this Article shall not be modified, abandoned, or extinguished
as to that Unit without the consent of such mortgagee. If a Unit
Owner shall give or shall have given, a mortgage or mortgages
upon his Unit, then the Mortgagee shall have the full right at
his option to exercise the rights of his murtgagor as an O\mer
hereunder and in addition, the right to add to the outstanding
balance of such mortgage any amounts paid by the mortgagee for
repair hereunder and not reimbursed to said mortgagee by the Unit
Owner.
Section 11. Right of Access. In the event repairs or
reconstruction shall be necessary, all necessary entries on the
adj acent Uni t s shall not be deemed a t re spa s s so long as the
repairs and reconstruction shall be done in a workmanlike
manner. Consent is hereby given to enter any Unit to effect
necessary repairs and reconstruction.
Section 12. Location of Reconstruction. Whenever a
party wall, roof, or any part thereof shall be rebuilt, it shall
be erected in the same manner and at the same location where it
was initially constructed and shall be the same size and of the
same or similar materials and of like quality (pursuant to the
requirements of applicable building codes).
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ARTICLE V
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment. Every O\mer
shall have a right and easement of enjoyment in and to the COI;;mon
Area and P.U.O. Common Areas for their intended purposes. This
right shall be, appurtenant to and sh~ll pass with the title to
,every Unit, subject to the following provisions:
(a) The right of the Association to suspend the
voting rights and right to use all or a portion of the COr.1iTIon
Area and P.U.O. Common Areas by an Owner for any period during
which any assessment against his Unit remains unpaid and for a
period not. to exceed sixty (60) days per occurrence for any
infraction of the Association's published rules and regulations,
as they may exist from time to time.
(b) The right of the Declarant and/or Association
to dedicate or transfer all or any part of the Common Area to any
public agency, authority, public or private entity or utility for
reasonable purposes. Until such time as all Units in the
Properties have been conveyed to individual purchasers, such
dedication or transfer may be effective without the consent of
any party other than Declarant. After the conveyance of all such
Units, no such dedication or transfer shall be effective without
consent of two-thirds (2/3) of the votes of the Association, and
(for a period of eight years from the date hereof) the prior
written consent of Declarant.
(c) Rules
As sac i a t i on gove rning use
P.U.D. Common Area.
and
and
regulations
enjoyment of
adopted
the Common
by
Area
the
and
(d) The right of the Declarant and/or Association
to grant permits, licenses, and easements over the Common Area
for utili ties, roads and other purposes reasonably necessary or
useful for the proper maintenance or operation of the
Properties.
Section 2.
exclusion of himself)
right of enjoyment to
specified occupants of
Delegation of Use. Any
may delegate by written
the Common Area and P.U.D.
his uni t.
Owner (to the
instrument, his
Common Area to
ARTICLE VI
MEMBERSHIP AND VOTING RIGHTS
Section 1. 1.1embership. Every Owner of a Unit shall be
a member of the Association. Membership shall be appurtenant to
and may not be separated from ownership of any Unit.
Section 2. Membership Class.
have two classes of membership:
The Association shall
Class A. Class A members shall be all Owners,
wi th the exception of the Declarant while Class B memberships
exist. Each member shall be entitled to one vote for each Unit
owned. After the expiration of Class B memberships the Declarant
shall be a Class A member and entitled to one (1) vote for each
Unit owned by Declarant. Hhen more than one person holds an
interest in any Unit, all such persons shall be members. The
vote for such Unit shall be exercised as they determine, but in
no event shall more than one vote be cast with respect to any
Uni t.
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0292z/0211D
.'
claSS
Dec1arant. Dec1?T~nt, as
one hundred ninety (190)
cease on the happening of
events:
G . 7l',..: ~ : aSS tJ i..J ..: . - :J - . , -
a C J a ~ s 8 n I? rn t. e r , ~ h ~ J 1 to p '- n t ; t:l ['0 rj t 0
votes. The Class 8 r:,;...;,-,b.:::.ship ~.hall
the earlier of one of the following
(a) Four (4) months after 75% of the Units in the
project have been conveyed to Unit purchasers; or,
(b) Three years following conveyance of the first
.Unit in the Properties to a Unit purchaser; or,
(c) Such earlier date as Declarant rnay determine.
ARTICLE VII
COVENANT FOR ASSESSMENTS
Sect i on 1. Payment of As sessment s. E ac h Owner of a
Unit, after the initial conveyance by Declarant, by acceptance of
a deed or instruffi2nt of conveyance for the acquisition of title
in any manner, shall hereafter be deemed to have covenanted and
agreed to pay to the Association the following dues, fees,
,'charges and assessments:
(a) Annual assessments or charges for the purpose
of operating the Association and accomplishing any and all of its
purposes. The Association shall, in its discretion, include a
"Reserve for Replacement" in the annual budget in order to
establish and maintain an adequate reserve fund for the periodic
maintenance, repair and replacement of improvements.
(b) Special or reserve assessments for capital
improvements, emergencies, or non-recurring expenses.
(c)Assessments for the operation, maintenance and
repair of the P.U.D. Common Areas.
(d) Assessments or charges authorized
assessed against all Unit Owners in this Declaration.
to
be
The assessments set forth in (a), (b), (c) and (d)
above shall be in equal amounts against the Owners of each Unit,
except as provided herein to the contrary.
ee) Charges incurred in connection
enforcement of any of the terms and conditions hereof,
reasonable attorney fees and costs.
(f) Fees or charges that may be established for
the use of facilities or for any other purpose deemed appropriate
by the Board of Directors of the Association.
with the
including
(g) Assessments or charges authorized herein to be
made against less than all Unit Owners.
Section 2. Creation of the Lien and Personal Obligation
of' Assessments. F:ach Owner of any Unit by acceptance of a deed
or instrument of conveyance for the acquisition of title in any
manner, whether or not it shall be so expressed in such deed or
instrument, is decQed to have covenanted nnd agreed that the
assessments, and/or other charges and fees set forth in this
Declaration, together with interest, late f<;es, costs, and
reasonable attorneys' fees, shall be a charge on the Unit and
shall be a continuing lien upon the Unit against which each such
assessment is made. The lien is effective froQ and after
recording a Claim of Lien in the Public Records, stating the
de sc r ipt i on of the Unit, name of the Owne r, a mount due and the
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029?z/02llD
..
due dates. Each such aS5e5sr~.l;nt, tO~Jl~tt.er with ir.t.'::r:~5t,
fees, costs, and 4'cusoilable attorneys' ftCS, shall o2.so be
personal obligation of the person who was the Owner of
property at the time when the assessment fell due, as well as
heirs, devisees, personal representatives, successors
assigns.
_ Section 3. Subordination of the Lien to Mortgages. The
lien of the Association shall be subordinate to bona fide first
mortgages on any Unit, which mortgage is recorded in the Public
Records prior to any Claim of Lien against the same Unit being
recorded in the Public Records. A lien for assessm~nts shall not
be affected by any sale or transfer of a Unit; provided, however,
that in the event of a sale or transfer pursuant to a foreclosure
of a bona. fide first mortgage, the acquirer of title, his
successors and assigns, shall not be liable for assessments
pertaining to the Unit or chargeable to the former owner of the
Unit which became due prior to such sale or transfer. However,
any such unpaid assessments for which such acquirer of title is
not liable, shall be reallocated and assessed to all Units
(including such acquirer of title) as a general expense payable
by all Units. Any such sale or transfer pursuant to a
foreclosure shall not relieve the Purchaser or Transferee ofa
-Unit from liability for, nor the Unit from the lien of, any
assessments made thereafter. Nothing herein contained shall be
construed as releasing the party liable for any delinquent
assessments from the payment thereof, or the enforcement of
collection by means other than foreclosure.
Ii-. t e
t :-.e
SlJch
his
and
Section 4. Commencement of First Assessment. General
assessments (excluding assessments to less than all Unit Owners)
provided herein shall first commence as of January 1, 1985 and
thereafter to each Unit on the day of the conveyance of title of
each Unit by Declarant (unless otherwise specifically set forth
by Declarant in such conveyance to the contrary). The annual
assessments in effect at that time shall be adjusted according to
the number of months remaining in the calendar year after such
date. The Declarant shall pay the associations operating
expenses until Janaury I, 1985.
Section 5. Establishment of Assessments.
Directors of the Association shall establish all
accordance with the following procedures:
The Soard of
a sse s sment s in
(a) Annual assessments against the O...mers of all
of the Units shall be established after the adoption of an
operating budget. The estimated first year operating budget
shall be effective as the associations budget for the period
indicated thereon. Except as to the first budget, written notice
of the amount and date of commencement thereof shall be given to
each Owner not less than twenty (20) days in advance of the due
date. Assessments shall be payable at such time or times as the
Board of Directors shall direct. Assessments shall include an
amount for reserves so as to enable the Association to establish
and maintain an adequate reserve fund for periodic maintenance,
repair and replacement of improvements to the Common Areas.
(b)
other fees, dues
Directors at any
payable at such
direct.
Special Assessments against the Owners and all
and charges, may be established by the 8o~rd of
regular or special meeting thereof, and shall be
time or times as the Board of Directors shall
. (c) The Board of Directors may, from time to time,
establish by a resolution, rule or regulation, or may delegate to
an officer or agent of the Association, the power and authority
to establish specific fees, dues or charges to be paid by Owners
for any special or personal use of facilities, or to reimburse
the Association for the expenses incurred in connection with the
..'
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O:L92zi0211D
enforcement of' any of the terms or pro\'i5~':Jns of this
Declaration. Such sums shall be paY2ble by the cpf.ropr ii:t~ Ou;c~r
at sue h t i m e 0 r t i Iii e s ass haIl bee s tab 1 ish cd t: Y Ui e .i:' ::: .s 0 1 uti 0 n ,
rule or regulation or the officer or agent.
(d) Subject to the provisions of Article IX
hereof, the _ Association shall establish and collect
the assessment s for the repa i r, ma intenance and op e ra t i on 0 f the
water management tracts, drainage areas, and certain P.U.D. "open
.spaces". Each O.....ner shall pay such assessments concerning such
items as they are assessed from time to time.
(e) The Association shall prepare a roster of the
Units and its assessments applicable thereto which shall be kept
in the office of the Association and shall be open to inspection
by any Owner at reasonable times, upon request. The Association
shall, upon demand, furnish an Owner liable for its assessment, a
certificate in writing signed by an officer of the Association,
setting forth whether such assessment has been paid and/or the
amount which is due as of any date. As to parties without
knowledge of error, who rely thereon, such certificates shall be
conclusive evidence of payment or partial payment of any
assessment therein stated having been paid or partially paid.
Information re!ative to assessments by the Association
'should be obtained from the Association.
Section 6. Effect of Nonpayment of Assessments;
Remedies of the Association. If any Associat,ion assessment is
not paid within thirty (30) days after the due date, a late fee
of $25.00, may be levied by the Board of Directors for each month
the assessment is unpaid. The Association may at any time
thereafter bring an action at law against the Owner personally
obligated to pay the same, and/or foreclose the lien against the
property. The Association shall not be required to bring such an
action if it believes that the best interests of the Association
would not be served by doing so. There shall be added to the
assessment interest at the highest rate allowed by law, all costs
and expenses, including attorneys' fees, required to collect
same, whether suit be instituted or otherwise. No Owner may
waive or otherwise escape liability for the assessments provided
for herein by non-use of the Common Area or abandonment of his
Unit. Assessments by the ,,_ Association shall be
enforced as set forth in the Declaration of Covenants,
Conditions and Restrictions.
ARTICLE VIII
MAINTENANCE OBLIGATION OF ASSOCIATION
Section 1. Common Area. The
addition to its other obligations herein,
repair and replace all Common Areas
Association shall, in
at all times m;dnt;dn.
as
recorded in the Public Records of Palm Beach County , including
all improvements placed thereon, in good condition and repair.
Section 2. Right to Repair. The Association, to the
exclusion of all others, shall have the right to cause the roofs
and party walls to be repaired at the expense of the affected
Units.
See t ion 3 . Rig h t 0 fEn try by Ass 0 cia t ion. i'; hen eve r i t
is necessary to enter a Unit, for the purpose of inspection,
including inspection to ascertain an Owner's compliance with the
provisions of this Declaration, or for performance of any
maintenance, alteration or repair to any portion of the Unit or
such portions thereof as required to be maintained by the
Association, the Owner thereof shall permit an authorized agent
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0292.:/0211D
- -------- -
of the Association to enter such dwellings, or go I..!pon U.e ~0i(,
provided that such entry shall be r.;ade at re2scnable tir;;!:,s. In
the case of emergency such as, but not limited to, fire or
hurricane, entry may be made at any time. Each Owner does hereby
appoint the Association as its agent for the purposes herein
provided and agrees that the Association shall not be liable for
any alleged property damage or theft caused or occurring on
account of any.entry.
Section 4. Others. Upon request of Declarant, the
Association shall also, at its expense, maintain the vegetation,
landscaping and sprinkler system upon areas which are not within
the Properties but abut same and are owned by, or dedicated to
another entity, a utility or governmental authority, so as to
enhance the, appearance of the Properties (Le. for example, swale
areas or median areas within the right of way of abutting public
streets, roads or areas within drainage canal rights of ways or
other abutting waterways).
Section 5. First Class. The Association sh~ll maintain
this project as a first-class quality residential project. In
accompli shing t he same, it is acknowledged t ha t such ma int ena nc e
.shall be performed to the standards established while the
'Association was operated by the representatives appointed by the
Declarant.
It is agreed that the Association shall make no
material changes (or permit others, including Unit Owners, to do
so) in the visual appearance of the Units and/or Properties
without the express prior written consent of Declarant.
Declarant's right to approve shall terminate December 31, 1991.
Section 6. Repainting. The Association shall, to the
exclusion of all others, paint the exterior of the Units at least
every five (5) years at the cost of the Unit Owners in such
building.
Section 7. Professional Management. After January 1,
1985, the Association shall have a contract for the professional
management of the Association continuously in full force and
effect.
Section 8. Failure to Maintain Standards. Should the
Association fail to meet the maintenance standards or should the
Association make an unauthorized change in appearance, the
Declarant shall give thirty (30) days notice to the Association
to cure the problem. If not cured within the time allowed, then
Declarant may: (i) as agent for the Association cause the
problem to be remedied at the Association's sole cost and
expense; or (ii) enforce the obligations through legal action in
which event the Association shall pay the Declarant I s costs and
attorneys' fees.
It is agreed that this agency is coupled with an
interest and that Declarant's interests are irreparably affected
if the standards of the project are allowed to deteriorate.
ARTICLE IX
MAINTENANCE OF P.U.D. COMMON AREAS
Section 1. Submission. In order to comply with the
condi t ions of the P. U. D. approva 1 and ce rtain Pa 1m G eac h Count y
ordinances and regulations, it is necessary th~t the P.U.D.
Co~mon Areas be under unified control.
Accordingly, the
limited basis, to be subject
Properties are declared, on a
to the covenants, conditions and
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OL92z/02l1D
res t lie tic n sse t for t h i n t :-: c tee r ~ a :. n D (; c 1 a r ~ t i ;:; i1 ::; 7" -: : ... c- :-- ::. n t s ,
Conditions and Restrictions recorded in Official Records dook
2777, page 424, Public Records of Palm Beach County, Florida, as
amended in Official Records of Palm Beach County, Florida.
The submission of the Properties to said
Declaration of Covenants, Conditions and Restrictions is solely
for the limited purpose of granting the obligation of repair,
maintenance arid opeiation of the P.U.D. Common Areas to the
Association and granting the Association
the right to assess the Units in the Properties, for the repair,
maintenance and operation of the P.U.D. improvements within the
Properties. However, until notice to such effect is given from
Properties, Inc. to Society Hill Homeowners, Inc.,
this maintenance obligation, and the right to assess therefore,
shall be delegated to the Society Hill Homeowners Associat.1on,
Inc.
Section 2. Plat. The P.U.D. Common Areas to which this
Article refers are only those dedicated .to the Cannongate
Association on the Plat of the Properties.
Section 3. Assessments. The provisions of ARTICLE IV
of the Declaration of Covenants, Conditions and Restrictions
providing for assessments by the Association are, only
for the maintenance, repair, and operation of the P.U.D. COl7lffiOn
Areas, created and established hereby' and each Owner of a Unit,
by acceptance of a deed or instrument of conveyance for the
acqui si t i on of tit Ie in any manner, shall he rea f t e r be del;:oiled to
have covenanted and agreed to pay to the Connongate Association
such assessments.
Section 4. Separate Assessments. The
Association agrees, by the execution of this Declaration:
(a) To maintain such P.U.D. Common Areas in a
first class manner and to continuously provide drainage to the
Properties through the drainage system in the Cannongate P.U.D.
(b) To keep records and assess separately for the
Common Areas. Such assessments shall not include any
for maintenance of any other common areas and/or units in
P.U.D.
P.U.D.
charges
the
(c) Such assessments for P.U.D. Common Areas shall
be made on a non-discriminatory, pro-rata per unit basis.
(d) The cost of maintaining such P.U.D. Common
Areas shall be determined separately from all other maintenance
expenses and obligations of the Association and shall
be billed, on a semi-annual b2sis.
For the period of time that the Society Hill
Homeowners Association is actually performing such maintenance
function then the right to determine charges and correct
asseSSli.ents is hereby de] egated to the Society Hill Homeowners
Association.
(e) If the Association defaults in its
obli9ation to maintain the w~ter retention areas within the
P.U.D. then Homeowners Association may,
but is not obligated to perform such functions and collect such
assessments as if they were collected by the Property
Owners Association.
.#
- 11 -
02~2z/021l0
;'n,ICLE x
I~AINTENANCE OBLIGATION OF UNIT C\d:ERS
Section 1. Owner's Responsibility. Each Unit O.....ner is
responsible for the repair, maintenance and/or replacement at his
expense for all portions of his Unit and for such party wAlls and
roofs as herein set forth. Owner is strictly prohibited from
improving, modifying or maintaining any Common Area or from
performing an~- maintenance duties of the Association without
prior written consent from the Board of Directors.
Section 2.
subdivide or partially
portion of his Unit.
Section 3. Owner Liability. Should any Owner do any of
the following:
Modifications. No
alienate, transfer,
Unit
sell
Owner shall
or lease a
(a) Fail to perform his responsibilities C'lS set
forth in this Declaration; or,
(b) Cause any damage to any irnprover.iI:=nt which the
Association or other owner has the responsibility to maintain,
repair and/or replace; or,
(c) Undertake unauthorized
modifications to his Unit or to the 'Common
herein.
imprcve~ents or
Area, a s set forth
The Association, after approval of the Goard of
Directors and ten days prior written notice, may, in addition to
all other rights and remedies available at law and/or equity,
have the right, through its agents and employees, to enter upon
said Unit and cause the required repairs or maintenance to be
performed, or as the case may be, remove unauthorized
improvements or modifications. The cost thereof, plus reasonable
overhead costs to the Association, shall be added to and become a
part of the assessment to which the Unit is subject.
ARTICLE XI
ARCHITECTURAL CONTROL COMMITTEE
Section 1. Approval Necessary. Except as initially
constructed by Declarant or its successor Declarant, if any, no
building, outbuilding, garage, fence, wall, retaining wall, or
other structure of any kind or nature shall be erected,
constructed, placed or maintained on the Properties, nor shall
any Unit, be altered, changed, repaired or modified unless prior
to the commencement of any work thereof, two complete plans and
specifications therefor, including, as applicable, front, side
and rear elevations, and floor plans, and two plot plans
indicating and fixing the exact location of such improvements,
structures or such altered structure on the Unit \'.'ith reference
to the street and side lines thereof, shall have been first
submitted, with a receipt obtained, in writing for approval and
approved in writing by an A~chitectural Committee. The foregoing
prior approval is intended to specifically (without limiting its
general application) apply to any maintenance, repair and
alternation which changes the exterior appearance or structural
integrity of a Unit or of the project as a whole.
it is understood that the approval of the
Architectural Committee is a condition precedent to undertaking
such alterations, etc. The ability to do such alterations, etc.
is a priVilege and not a right. The Architectural Control
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0292z/0211D
-
-
-
C IJ r.1 ~ i t t c; ~ 's a :1 ;:. r 0 \
d i s c r L. t .:. C I' ."
r~~y be" grant~d or ...i'-I'.~eJd in its sale
S e c t ion 2 . '.1 e iii b e r s hip toe 0 m m i t tee. The Arc r: i t '= c t u r ? 1
Committee shall, until their successors are appointed, con5ist of
the following:
Until such time as Declarant has conveyed all Units
in the Properties to individual purchasers the Declarant shall
appoint the members. In the event of the resignation, failure,
refusal or inability of any member to act, Declarant shall have
the right, until such time, to appoint a person to fill such
vacancy. In the event Declarant fails to fill such vacancy
within thirty (30) days of such occurrence, the Board of
Directors shall select, and/or fill any such vacancy, by
appointment for a term as determined by the Board. After all
units are conveyed, the Board of Directors shall select and/or
fill any vacancy by appointment for a term determined by the
Board.
Section 3. Endorsement of Plans. Approval of plans,
.specifications and locatio~ of improvements, etc. by the
Archi tec tural Commi t tee shall be endorsed on both sets of plans
and specifications, and one set shall forthwith be returned by
the Architectural Committee to the person submitting the same.
Such approval may be subject to certain conditions as the
Committee may impose including, but not limited to, working
schedule s, modi fica t ions of plans, bonding and t he like. The
approval of the Architectural Committee of plans or
specifications submitted for approval, as herein 5pecified, shall
not be deemed to be a waiver by the Architectural Cor.lmittee of
the right to object to any of the features or elements embodied
in such plans or specifications if and when the same features and
elements are embodied in any subsequent plans and specifications
submitted for approval for use on other Units.
Section 4. Construction to be in Conformance with
Plans. After such plans and specifications and other data
submi t t ed ha ve been app roved by the Arc hi t ec t u ra 1 Commi t t ee, no
building, outbuilding, garage, fence, wall, retaining wall, or
other improvements or structures of any kind shall be erected,
constructed, placed, altered or maintained upon the Properties
unless the same shall be erected, constructed or altered except
in strict conformity with the plans and specifications and plot
plans theretofore approved by the Architectural Co~mittee.
Section 5. Time. The request for approval shall state
the time which the construction, if approved, is to start and
finish. Failure to start in accordance with the schedule shall
be a voluntary forfeiture of the approval. Once comr.lenced,
construction shall proceed diligently to completion. Time is of
the essence.
Section 6. Deemed Approval.
...
(a) After the expiration of one year from the date
of completion of any known structure or alteration, such
structure or alteration shall be deemed to comply with all of the
provisions of this Article unless notice to the contrary shall
have been recorded in the Public Records, or legal proceedings
shall have been instituted to enforce cOMpliance. If unkno"wn,
such time period commences when the condition becomes known.
shall
fail,
(b)
for
In the event
a period of
t hat the Arc hit e c t u r ale 0 "I m i t tee
sixty (60) days to approve or
- 13 -
0292z/0211D
. ..... ~" ..".. -.' ..
..... ......-.. .,"... .., ..
..:......., I..... ..... ................ .....,:-. ....MI(.." "'.:. ......:..., r-"- ... ...:. .........~ _.............._..~.~.:............ .......:
disapprove any' plans, specifications, or plot plans, suti.litted to
it for approval, the same shall be deemed to have ~cen approv2d.
Section 7. Right of Entry. Any agent or r,:ember of the
Architectural Committee may at any reasonable time enter and
inspect any building or property under construction or on or in
which the agent or member may believe that a violation of the
covenants, restrictions, reservations, servitudes or easements is
occurring or has occurred.
Section 8. Declarant Exempt. The Declrtrant and Units
olmed by Declarant shall be exempt from the application of this
Article and Declarant is not obligated to comply with the
provisions hereof.
ARTICLE XII
EASEMENT FOR ENCROACHMENT UPON THE UNITS
Easement for Encroachment. In the event that a Unit, as
originally constructed, shall encroach upon any other Unit or
improvement thereon, then an easement appurtenant to such shall
exist for so long as such encroachment shall naturally exist.
ARTICLE XIII,
RIGHTS OF DECLARANT
Section 1. Sales Office. For so long as the Declarant
owns any property affected by this Declaration, or Ivhich it plcns
to include in the Properties, the Declarant shall have the right
to transact any business necessary to consummate sales of any
said Units, Properties, or other properties owned by Declarant or
others, including but not limited to, the right to maintain model
dwellings, have signs on any portion of the Properties, employees
in the offices, use the Common Area and to show dwellings. Sales
Office signs and all items pertaining to sales shall remain the
property of the Declarant.
Section 2. Easements. For a period of fifteen (15)
years, commencing upon the, recordation of this Declaration,
Declarant reserves the right to grant, in its sole discretion,
easefilents for ingress and egress, for drainage, utilities
service, cable TV and/or CATV service and other similar purposes
over, upon and across the Properties so long as any said
easements do not interfere with any dwellings on the Units nor
materially interfere with the intended uses of any portion of the
Properties.
Section 3. Reserved Rights.
entitled to exercise all rights granted
Declaration.
The Declarant shall be
to it else\'lhere in this
...
Section 4. Assignment. Allor any part of the rights
and powers and reservations of the Declarant cont.:iined in this
Declaration may be deeded, conveyed, or assigned to other persons
or entities by an instrument in writing duly executed,
acknowledged and recorded in the Public Records.
ARTICLE XIV
USE
Section 1. Application.
matters pertaining to the use of
P.U.D. Common Areas.
The following shall apply to
the Uni ts, Comr.lon Areas and
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0292z/0211D
Section 2 . Scope; R r..: !II e d y for \' ,i 0 .l a t ion.i:... ,: :. ::;
provisions are r e.a son a b 1 Y calculated to pro iii 0 t e the.. elf are of
the Unit Owners and value of the Properties in gene:-al. The
violation of these provisions may cause any Owner or his family
and i n v i tee s t 0 be bar red fro m the use 0 f the C c I~I ITI 0 n Are as, a 5
the Board of Directors may deem appropriate, and shall subject
any person violating the same to any liability imposed by this
Declaration and/or Association By-Laws, Rules and Regulations.
Section 3. Provisions. These provISIons shall be in
effect until amended and shall apply to, and be binding upon, all
Owners. The Owners, lessees, invitees and guests shall, at all
times obey the same and use their best efforts to see that they
are faithfully observed by their families, guests, invitces,
servants, lessees, and other persons over whom they exercise
control and supervision.
The initial provisions are as follows:
(a) The sidcwalk, entrances, passages, stairways
and all other Common Areas must not be obstructed, encL!fi,hered or
used for any purpose other than ingress and (;gr~ss to and from
tt~e Uni t s .
(b) The personal property of all O'fners shall be
s tor e d wit hi nth e i rUn its, pro vi d cd, ,h 0 W eve r , t hat no 0 1m ern a y
store any personal property on, or make any use of the Unit, the
courtyard of his Unit or the Common Areas which is unsightly nor
shall he make any use of the same which interferes .....ith the
comfort and convenience of other Owners.
(c) No garbage cans, supplies or other articles,
including but not limited to flags and banners, shall be placed
on the Common Areas, and, subject to the provisions of F.S.
163.04, to the extent applicable, nor shall any linens, cloths,
clothing, curtains, rugs, mops or laundry of any kind, or any
other article, be shaken or hung from any of the windows, doors,
stairways, or courtyard, nor hung outside the Unit, nor exposed
to or on any part of t he Common Area s. The Uni t s and Common
Areas shall be kept free and clear of rubbish, debris and other
unsightly material.
(d) No Owner shall allow anything whatsoever to
fall from the window or doors of the Unit.
(e) All garbage and trash shall be properly
disposed of in trash receptacles, if any, provided for that
purpose. For sanitary reasons, all trash, except new5p2pers,
shall be placed in plastic bags and tied securely before being
placed in trash receptacles. All garbage cans and trash
receptacles placed on the Common Areas for collection shall be
taken from the street or removed from the Common Areas wi thin
twelve (12) hours after it is collected.
(f) No Owner or resident shall direct, supervise
or in any manner attempt to assert any control over the employees
of the Association.
(g) Servants and domestic help of the O.r'iners may
not gather or lounge in the Common Areas or grounds.
(h) The parking facilities shall be used in
accordance with the regulations adopted by the Association. The
initial. assignment of parking shall be final, except as herein
provided. No vehicle which cannot operate on its own power shall
remain on the Common Areas or within the Units for more than
twelve hours, and no repair, except emergency repaii, of vehicles
shall be made on the Common Areas. No commercial vehicle (this
shall not be deemed to include clean "non-working" cor.1i;Jercial
- 15 -
0292z/02110
vehicles such' as pick-up trucks, vans or c:,;rs c;:,rr\!~ng
advertising signs), truck, or recreati.onal vch.ic.:e (e;((";:_'pt
drivable recreational vehicles up to 21' 5" rr.ay be :;c!)t Qn t:IC
Common Areas if they are used by the Owner on a daily bcsis for
nor mal t ran 5 par tat ion) s h a 11 be par ked in the pro per tic s . r.~ 0
boat, boat trailer, camper or like vehicle shall be left or
stored on the Common Areas or courtyards. Bicycles shall !)e
parked in the areas, if any, provided for that purpose. Absent
such parking areas, bicycles shall be kept in. the Unit. h't:lshing
of vehicles shall only be done in the vicinity of the exterior
hose bib provided within each parking cluster (if any).
(i) No
noises by any person,
will interfere with
others.
Owner shall make or permit any disturbing
nor do or permit anything to be done that
the rights, comforts or convGnience of
(j) No sign (except a for sale sign displayed in a
window in the Unit), advertisement, notice or other lettering
shall be exhibited, displayed, inscribed, painted or affixed in,
on or upon any part of the Unit or Common Areas that is visible
from outside, nor shall tinfoil or other similar mateLial be used
to cover any windows or doors so as to be visible from outside
ttfe Unit.
(k) The Association may retain a p2SS key to all
Units. No Owner or occupant shall alter any lock or install a
new lock without the written consent of the Board. \','here such
consent is given, the Owner shall provide the Association with an
additional key for use of Association pursuant to its right of
access to the Unit.
(1) No cooking shall be permitted outside the
courtyard areas or Units nor shall any goods or beverages be
consumed outside of a Unit excepting in areas designated for
those purposes by the Association.
em) No inflammable, combustible or explosive
fluid, chemical, or substance shall be kept in any Unit, except
those required for normal household use.
(n) Each Owner who plans to be absent from his
Unit during the hurricane season must prepCire his Unit prior to
his departure by (1) removing all furniture, plants and other
objects from his courtyard prior to his departure; and (2)
designating a responsible firm or individual to care for his
Unit, should the Unit suffer hurricane damage, and fu:rnishing the
Association with the name of said firm or individual. Such firm
or individual shall contact the Association for c~earance to
install or remove hurricane shutters.
(0) No commercial or business activity shall be
conduc t ed in any Uni t or on t he Common A rea 5 . ~~o Cwne r may
actively engage in any solicitations for commercial purposes on
the Properties nor shall any solicitor of a cO/fimerciCll nature be
allowed on the Properties without the prior written consent of
the Board.
(p) Each Owner shall park his automobile in his
assigned space. All parking spaces not assigned shall be used by
guests of the Unit Owners only, except such spaces as may be
designated for the temporary parking of delivery vehicles, or
vehicles operated by handicapped persons.
(q) No Unit Owner shall, in any .....ay, interfere
with the construction, sale or rental of any Unit by Declarant.
a
single
(r)
family
Each Unit is restricted to residential" use as
residence by the Owner thereof, his irr,mediate
- 16 -
0292z/021lD
family, guests, tenants and invitees. All COi".ii,on {..r2cs :1nd
Properties are similarly restricted to use by those S:wC
persons. At no time may the Unit be used by ITlore pf::rsons trian
for which it wa s de signed (5 persons in 3-bedroom uni t s; or 4
persons in 2-bedroom Units).
(s) In the event that other than a natural person
is. a Unit Owner or the Unit is leased, the Owner sh311, prior to
the purchase of such Unit or lease thereof, designate the person
who is to be the Occupant of such Uni t. Such cnti ty shall not
thereafter have the right to designate other persons as the.
Occupants of such Unit, whether in substitution of or in addition
to the persons initially designated, except with notice being
given to the Association. All provisions of the Declaration of
Restrictive,. Covenants shall apply to such designated Occupants,
and others occupying the Unit, as though they had title to such
Unit and the Owner of such Unit shall be bound thereby.
(t) No person shall use the Uni t or Properties or
any part thereof, in any manner contrary to this Document.
(u) No immoral, improper, offensive or unlawful
u~e shall be made of any or all the Unit or Properties, and all
-laws, zoning ordinances and regulations of all governmental
bodies having jurisdiction thereof shall be observed. The
responsibility of meeting the requirements of governmental bodies
for maintenance, modification or repair of the Units shall be the
same as the responsibility for maintenance and repair of the
property concerned.
(v) No Owner shall make or permit to be made any
alteration, addition or modification to his Unit without the
prior written approval of the Architectural Control Committee.
No Owner shall cause any improvements or changes to be made to
the exterior of the Unit, building, or courtyard, including
painting or other decoration. No Owner shall cause to be made
any modification or installation of electrical wiring, television
antenna systems or connections, whether inside or outside the
Unit, or in any manner change the appearance of any portion of
the Properties. No Owner may cause any material puncture or
break in the boundaries of his Unit.
(w) Floor
prior to occupancy, to
flooring material with
required, installed upon
area and courtyard.
Coverings. All Units are required,
have wall-to-wall carpeting or other
provisions for sound-proofing, if
all floor areas, except the entrance
(x) One domestic pet or animal may be kept or
harbored in the Uni t so long as such pet or animal does not
exceed twenty-five (25) pounds in weight and docs not constitute
a nuisance. A determination by the Board of the Association that
an animal or pet kept or harbored in a Unit is a nuisance shall
be conclusive and binding on all parties. No pet shall be "tied
out" on the exterior of the Unit, or left unattended on the
couryard. All pets shall be walked on a leash not to exceed six
feet (61) in length. No pet shall be permitted outside a Unit
except on a leash. When notice of removal of any pet is given,
said pet shall be removed within forty-eight (48) hours of the
giving of the notice. The Owner shall clean up all waste matter
created by his pet and shall be responsible for the actions of
his pet.
(y) No nuisance or any use or practice that is the
source of unreasonable annoyance to other Owners or which
interferes wi th the peaceful possession and proper use of the
Units or Properties by the Owners is permitted. fJo O\o.ner shall
permit or suffer anything to be done or kept upon the Properties
- 17 -
0292z/0211D
or his Unit which will increase the
Units or Properties.
rute of
l fl ~. I.... ~. :; j : t; (, ..
.. I C)
.... lit.,;
Section 5. Further Rules and Regulations. The
Association, through its Board of Directors, may promulgate
reasonable Rules and Regulations concerning the use of the Units
and/or Properties. Said additional Rules and Regulations shall
have effect upon posting in a conspicuous place on the
Properties, and shall have the dignity of this restriction.
PROVIDED that no such Rule, etc. shall affect Declarant, any Unit
owned by Declarant, or the right to sell or rent Units, without
Declarant's prior written consent and the same being voted upon
and approved by one hundred percent of the unit owners.
ARTICLE XV
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner,
shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provIsIons of
this Declaration. Failure by the Association or by any Owner to
enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter. In
any such suit the prevailing party shall also be entitled to
recovery of all costs and expenses including court costs and
attorneys' fees.
Section 2. Severability. Invalidation of anyone of
these covenants or restrictions by judgment or court order shall
in no way affect any other provisions hereof which shall remain
in full force and effect.
Section 3. Amendment. The covenants and restrictions
of this Declaration shall run with and bind the land, for a term
of twenty (20) years from the date this Declaration is recorded,
after which time they shall be automatically extended for
successive periods of ten (10) years. Prior to the expiration of
such Class B memberships, a majority of the votes of the
Association is sufficient to amend this Declaration. After the
expiration of the Class B mEmberships, this Declaration may be
amended, except as provided herein to the contrary, at any time
and from time to time upon the execution and recordation of an
instrument executed by Owners who are entitled to vote of
two-thirds of all votes of the Association PROVIDED that for so
the period of time that Declarant owns one (1) or more Units, the
Declarant's written consent must first be obtained. The
Declarant shall have the right at any time within ten (10) years
from the date hereof to amend this Declaration to correct
scrivener's errors or to clarify any amhiguities determined to
exist herein. No amendment shall alter the subordination
provisions of this Declaration without the prior written approval
of any mortgagee enjoying such protection.
Section 4. Notices. Any notice required to be sent to
any Owner under the provisions of this Declaration shall be
deemed to have been properly sent when rnailedJ postpaid, to the
- 18 -
0297.z/02llD
last kno\l,'n address of the person '..ho apj:Jca:-s as C..r,c:, G'I ~_~Ie
records of the Association at the time of such ~~iling.
Section 5. Permits, Licenses and Easements. The
Association shall have the right to grant permits, licenses and
easements aver, upon, across, under and through the Ccr:lmon '~i'c:as
for utilities, roads and other purposes re3sonably necessary or
useful for ttle proper maintenance and operat ion of the
.Prbperties, as determined by the Board of' Directors of the
Association.
Section 6. Authority of Association. In all instances
herei n, except when a vote of t he membership of t he A s sac i a t ion
is speci f ically requi red, all dec is ions, dut i es and obliga t ions
of the Association hereunder may be made by the Board. The
Association and its members shall jointly and severally be bound
thereby.
Section 7. Dissolution of Association. In the
event of dissolution of the Association, for whatever reason, any
Owner may petition the Circuit Court of the 15th Judicial Circuit
of the State of Florida for the appointment of a receiver to
manage the affairs of the dissolved Association and the
Properties in place and instead of the Association, and to make
such provisions as may be necessary for the continued management
of the affairs of the dissolved Association and the Properties.
ARTICLE XVI
INFORMATION TO LENDERS AND UNIT OWNERS
Section 1. Access. The Association shall make
available, upon request, to Unit Owners and to holders, insurers,
or guarantors of any first mortgage on any Unit, current copies
of this Declaration of Restrictions, the Articles of
Incorporation or By-Laws of the Association, other rules
concerning these Properties and the books, records and financial
statements of the Association. "Available" means available for
inspection, upon request, during normal business hours or under
other reasonable circumstances. Any copies shall be paid for by
the party making the request.
Section 2. Financial Statements. Any Unit Owner or
holder of a first mortgage upon a Unit shall be entitled, at its
expense and upon written request, to the financial statement of
the Association for the immediately preceding fiscal year.
Section 3. Lender Notice. Upon written request to the
Association by a holder, insurer, or guarantor of any first
mortgage of a Unit (hereinafter referred to as "Lender"), which
written request shall identify the name and address of the lender
and the Unit number and address thereof, the Lender will be
entitled to timely written notice of:
(a) Any condemnation loss or casualty loss .....hich
affects a material portion of the Properties, or t;.ny Unit on
which there is a first mortgage held by the Lender;
(b) Any delinquency in the payr.;ent of assessrilents
or charges owed by an Owner of a Unit subject to a first mortgage
held by the Lender, which remains unclJred for a period of sixty
(60) days;
(c) Any lapse, cancellation or material
modification of any insurance policy or fidelity bond ~aintainpd
by the Association;
- 19 -
0292z/021lD
(d) .y prC';--c!:~d action \':h~cl \._~..~~ :-~'::I.'::-e +-~..,
consent of a specified percentage of mortgage holG~~s.
ARTICLE XVII
INSURANCE
Section 1. . Unit Owners. Every O.....ner shall purchase and
ma~ntain and keep in. full force and effect their own policy of
,fire, standard extended coverage, personal' and bodily injury
liability insurance on the Unit, party wall and roof and
appurtenances thereto as set forth herein and all other insurable
improvements situated upon Owner's Unit in an ~mount not less
than the maximum insurable replacement value thereof, excluding
land, foundation, excavation and other items normally excluded
from coverage. A certificate issued by the insurance company
shall at all times be kept on file with the Association by each
Owner. Failure of any Owner to so provide the Association with
such certificate verifying the insurance is in full force and
effect, after ten (10) days' prior written notice, shall
authorize, but not obligate, the Association to procure such
insurance at the cost and expense of said Ol-mer who shall be
obligated to pay the Association immediately upon presentation of
the bill. Such cost and expense shall be a charge on the Unit
. arid shall be a continuing lien thereon until paid. If not paid
within ten (10) days following presentation by the Association,
the Association may enforce paymen~ in the same manner as
enforcement of an assessment.
Section 2. Association.
(a) The Association shall purchQse and maintain a
policy of property insurance covering all the Common Areas
(except land, foundation, excavation and other items normally
excluded from coverage) and any common personal p~operty and
supplies. This insurance policy shall afford, as a minimum,
protection against loss or damage by fire and other perils
normally covered by a standard extended coverage endorsement, as
well as all other perils which are customarily covered with
respect to projects similar in construction, location and use,
including all perils normally covered by the standard "all risk"
endorsement, where such is available. This policy shall be in an
amount equal to one hundred percent (100%) of current replacement
cost of the Common Areas, exclusive of land, foundation,
excavation and other items normally excluded from coverage. The
policies may not be cancelled or substantially modified without
at least thirty (30) days' prior written notice to the
Association. The Association shall also obtain, if available,
the following special endorsements: "Agreed Amount" and
"Inflation Guard Endorsement".
(b) Flood Insurance. If the Properties a~e
located within an area which has special flood hazards and for
which flood insurance has been made available under the National
Flood Insurance Program (NFlP), the Association shall obtain and
pay the premiums upon a policy of flood insurance on Common Areas
or other common property covered by the required form of policy
(herein "Insurable Property"), in an amount deemed appropriate,
but not less than the following:
The lesser of (i) the maximum coverage
available under NFlP for all buildings and
other Insurable Property within any portion of
the Common Area located within a designated
flood hazard area; or (ii) one hundred percent
( 1 00% ) of cur rent n r e pIa cern e n t co s t " 0 f a 11
such buildings and other Insurable Property.
- 20 -
0292z/0211D
(e) liability Insurance. The A5~0ciation 5h~11
m a i n t a i n c em pre hen s i ve 9 [; n era IIi a b i 1 i t Y i r: s u :::. ,H' c e C 0 v c. ~'r ~: [;
covering all the Common Area. The coverage shall be ~t 12a~t fGr
One t-1illion Dollars ($1,000,000.00) for bodily injury, includiflg
deaths of persons and property damage arising out of a single
occurrence. Coverage shall include, without lii:1itation, le!;;al
liability of the insured for property damage, bodily injuries and
deaths of persons in connection with the operation, maintenance
or. use of the'.Common Area, and legal liability arising out of
lawsuits related to employment contracts of the Association.
Such policies must provide that they may not be cancelled or
substantially modified by any party, without at least thirty (30)
days' prior written notice to the Association.
(d) Fidelity Gonds. The Association shall
maintain, or cause others to maintain, a blanket fidelity bond
for all officers, directors, trustees and employees of the
Association, and all other persons handling or responsible for
funds of or administered by the Association. In the event the
Association delegates some or all of the responsibility for the
handling of the funds to a management agent, such bonds are
required for its officers, employees and agents, handling or
responsible for funds of, or administered on behalf of the
Association. The amount of the fidelity bond shall be based upon
best business judgment and shall not be less than the estimated
maximum of funds, including reserve funds, in custody of the
Association or the management agent, as the case may be, at any
given t ime during the te rm of eac h bond. Howe ver, in no event
may the aggregate amount of such bonds be less than an amount
equal to three months aggregate assessments on all Units, plus
reserve funds. The fidelity. bonds required herein nust meet the
following requirements:
(i) Fidelity bonds
Association as an obligee.
(ii) The bonds shall contain waivers by.
the insurers of the bonds of all defenses
based upon the exclusion of persons serving
without compensation from the definition of
"employee", or similar terms or expressions;
shall
name
the
(iii) The premi ums on a 11 bonds requi red
herein for the Association (except for
premiums on fidelity bonds maintained by a
management agent, or its officers, employees
and agents), shall be paid by the Owner's
Association as a common expense;
(iv) The bond shall provide that they may
not be cancelled or substantially modified
(including cancellation for non-pcyment of
premium) without at least ten (10) days' prior
written notice to the Association.
Section 3. Purchase of Insurance. All insuT3nce
purchased by the Association pursuant to this Article shall be
purchased by the Association for the benefit of the Associatian,
the Owners and their respective mortgagees, as their interest may
appear, and shall provide for the issuance of certificates of
insurance and mortgagee endorsements to Owners and any or all of
the holders of institutional first mortgages. The policies shall
provide that the insurer waives its rights of subro!]ct!.on as to
any claims against Owners and the Association, their respective
servants, agents and guests. Each Owner and the Association
hereby agree to waive any claim against each other and against
other Owners for any loss or damage for which ad~quate insurance
- 21 -
0292z/0211D
her.::urloer is carried where the insurer r.as
subrogation as aforesaid.
Section 4. Cost and Payment of Premiums. The
Association shall pay the cost of obtaining all in~ljr<lnce
hereunder, excluding the insurance to be purchased by individu21
Owners and any other. fees or expenses incurred which may be
ne~essary or in~idental to carry out the provi~ions hereof.
. d
~.' (j 1 .~. C:
i~s .i'~:J:j~S of
Section 5.
the dwellings and
damaged dwelling.
Proceeds. Proceeds on account of damages to
Units shall be utilized for restoring the
Proceeds on account of dal:Jage to Common Area shall be
held for the Association.
Section 6. Responsibility. If the damage is to those
parts of a dwelling for which the responsibility of maintenance
. and repair is that of the Owner(s) then said Owner(s) shall be
responsible for, and shall immediately commence and complete
reconstruction after casualty.
Section 7. Nature of Reconstruction. Any
reconstruction included hereunder shall be substantially in
accordance with the plans and specifications of the original
building, or as the building was last constructed, subject to
modification to conform with the then current governmental
restrictions and codes. Unless appropriate gove~nmental approval
is received, the dimensions of the replacement dwelling shall not
exceed the dimensions of the previous dwelling.
Section 8. Estimates. In all instances hereunder,
immediately after a casualty causing damage to the property for
which the Association has the responsibility of maintenance and
repair, the Association shall obtain a reliable, detailed
estimate of the cost to place the damaged property in a condition
as good as that before the casualty. Such cost may include
professional fees and premiums for such bonds as the Soard may
desire, of those required by any lnsti tutional ~.1ortgagee
involved.
Section 9. Assessments. If the proceeds of insurance
are not sufficient to defray the estimated costs of
reconstruction, or if, at any time during reconstruction or upon
completion of reconstruction, the funds for the paYr:1ent of the
costs of reconstruction are insufficient, assessments shall be
made against the appropriate Owners in sufficient amounts to
provide funds for the payment of such costs. Such assessments
against Owners for damage to dwellings shall be in proportion to
the cost of reconstruction of their respective dwellings, SUbject
to the provisions in the Declaration regarding roofs and party
walls. Such assessments on account of damage to Cor.:mon Areas
shall be uniform against all Owners, except as provided herein to
the contrary.
Section 10. Disposition of Proceeds.
(a) The proceeds of insurance and any special
assessments, if any, collected by the Association on account of a
casualty shall constitute a construction fund which shall be
disbursed from time to time, as the work progresses. The holder
of the constrllction fund shall make payments upon the written
request for a disbursement accompanied by an appropriate
certificate signed by the party responsible for the repair and by
the architect, engineer or contractor in charge of the work,
setting forth:
(1) That the sum then requested either has
been paid or is justly due and certifying that the sum requested
- 22 -
0292z/0211D
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE DATED
BETWEEN
POINT MANALAPAN DEVELOPMENT CORPORATION, AS
"SELLER" AND DAVID B. MANKUTA, his nominees or assignees, AS "BUYER"
OR "PURCHASER"
PERTAINING TO LANDS LOCATED IN PALM BEACH COUNTY,
FLORIDA.
----------------------------------------------------------------------
1. In the event of any conflict between the provisions of this Addendum
and the provisions of the Contract for Sale and Purchase to which this
Addendum is attached (hereinafter referred to as "Contract" or "Agreement")
the provisions of this Addendum shall prevail.
2. PURCHASE MONEY PROMISSORY NOTE. The Purchase Money Promissory Note
referred to in paragraph ll(c) of the Contract (the "Note") shall be in
the form annexed hereto as EXHIBIT "2."
3. PURCHASE MONEY MORTGAGE. The Note referred to in Paragraph 2 above
shall be secured by a Purchase Money Mortgage on the LANDS (the "Mort-
gage") in the form attached hereto as EXHIBIT "3" and shall, in addition,
contain the following clauses:
A. Mortgagee shall, without payment of any additional consideration
to the Mortgagee, within five (5) working days of the reque~t of the
Mortgagor:
i. Join in the dedication, execution, or delivery of necessary
releases of Mortgag~# as requested by Mortgagor, in connection with the
creation or dedication of any roads, streets, canals, utility easements,
pumping stations, lift stations, or such other matters reasonably necessar}'
to effectuate the reasonable development of the LANDS or as may be required
incident thereto or to any application for zoning, rezoning, variances,
platting, approval of development plans, dredging, filling and/or complianc
with the requirements of any governmental authority, provided that nothing
contained in the foregoing will directly or indirectly substantially reduce
the value of the mortgaged property, and further that any such zoning,
rezoning, variance, platting, development plans, dredging, filling, or such
other activity not in conformance with the site plan attached hereto as
EXHIBIT "4" and made a part hereof by reference shall require the prior
written consent of the Mortgagee, which consent shall not be unreasonably
withheld.
ii. Execute and deliver such instruments as are required by
Mortgagor and/or governmental authorities in order to effect any consent
or the like concerning the development of the LANDS and to the like of
easements for drainage, roads, streets, canals, the installation and
maintenance of public or private utilities, including but not limited
to, gas, water, electric, cable television, and telephone lines, provided
that nothing contained in the foregoing will directly or indirectly
substantially reduce the value of the mortgaged property and further that
any of the foregoing which are not in conformance with the site plan
attached hereto as EXHIBIT "4" and made a part hereof by reference shall
require the prior written consent of the Mortgagee which consent shall not
be unreasonably withheld.
iii. Execute and deliver such instruments as may be requested by
Mortgagor to fully release the LANDS from the lien and charge of this
Mortgage upon delivery by Mortgagor to Mortgagee of substitute collateral
in the form of a clean irrevocable standby Letter of Credit issued to
Mortgagee by a substantial financial institution. Such Letter of Credit
shall be in substantially the form annexed hereto as EXHIBIT "7." All
costs incurred in obtaining such Letter of Credit shall be borne by
Mortgagor. Such Letter of Credit and the financial institution issuing
same must be satisfactory in all respects to the SELLER. In the event
that lands encumbered by the Mortgage are released and the SELLER's
recourse shall shift to the Letter of Credit, SELLER shall be entitled
to a reasonable attorney's. fee including court costs on the lower court
~
(/~
-
does not exceed the value of the services and rn~t~riJls ~cscrited
in the certificate.
(2) That except for
said certificate to be due as aforesaid,
indebtedness known which may become
mechanics' or materialmen's liens.
the amounts stated in
there is no outstanding
the basis of vendor's,
(3) That the cost, as estimated, or work
rema~nlng to be done subsequent to the date of said certificate,
does not exceed the amount of funds remaining in the construction
funds after the payment of the sum so requested.
Section 11. Effect of Mortgagee Endorsements Concerning
Insurance Proceeds. In the event a mortgagee endorsement has
been issued on any Unit, the share of the Owner shall be held in
trust for the mortgagee as its interest may appear. All
mortgagees agree to waive the rights to said proceeds so that the
same are used pursuant to the provisions of this Declaration to
pay for the restoration of such damage. All covenants contained
herein for the benefit of any mortgagee may be enforced by such
mortgagee. Nothing contained herein, however, shall be construed
as relieving the Owner from his duty to reconstruct d2mage to his
'dwelling as heretofore provided.
IN WITNESS WHEREOF, the undersigned, being the
De cIa ran the r e u n d e r , has her e u n fo set its h and and sea 1 t his
(,- .,.. day 0 f , 19
DECLARANT:
GIBRALTAR SERVICE CORFORATION
By
ITs
Pres rd-erit
Attest:
Its--
Secretary
(SEAL)
,:.'"
(SEAL)
.'lil.
- 23 -
0292z/0211D
~
STATE Or FLOnIDA
)
) S5.
)
COUNTY OF PALM BEACH
Before me personally appeared __,__.___ ________, __ _ _ _ ____
, as President of HO\'!'d.dHJd~
OF PAU...' BEACH XI, INC.., a Florida corpo.ration, to me well known
and known to. me to be the individual described in and who
. executed the foregoing instrument as President of said
corporation, and he acknowledged to and before me that he
executed such instrument as such President of said
corporation and that the seal affixed~o--the foregoing instrument
is the corporate seal of said corporation and that it was affixed
to said instrument by due and regular corporate authority, and
that said. instrument is the free act and deed of said
corporation.
of
WITNESS my hand and official seal,
19
this
day
}JO-TARY'pT.fSL":rt ___'_h_
(NOTARIAL IMPRESSION SEAL)
My Commission Expires:
STATE OF FLORIDA
)
) SS.
)
COUNTY OF PALM BEACH
Before me personally appeared
, as President .of
CANNONGATE PROPERTY O\'INERS ASSOCIATION, INC., to me well known
and known to me to be the individual described in and who
executed the foregoing instrument as President of said
corporation, and he acknowledged to and before me that he
executed such instrument as such President of said
corporation and that the seal affixed to the foregoing instrument
is the corporate seal of said corporation and that it was affixed
to said instrument by due and regular corporate authority, and
that said instrument is the free act and deed of said
corporation.
WITNESS my hand and official seal,
, 19
this
day
of
NOTARY PUBLIC
(NOTARIAL IMPRESSION SEAL)
My Commission Expires:
- 24 -
0292z/02l10
level as well as the appellate level if it is necessary to employ an
attorney to enforce their rights. At the time the Letter of Credit
is delivered, Mortgagor shall also deliver an agreement executed by the
Mortgagor, as owner of fee simple title of the LANDS, agreeing that if
SELLER acts according to the terms set forth in the Letter of Credit
and the financial institution shall fail to pay the Note in full for
any reason, the Mortgagor or his assigns shall incur personal liability
to the SELLER for all sums due including interest, court costs, and
attorney's fees. The Letter of Credit shall be in an amount sufficient
to assure to SELLER the payment of all sums due SELLER under the note
including interest at the prime rate at Chemical Bank, New York on the
date of substitution. As interest is paid to SELLER, the amount of the
Letter of Credit may be reduced accordingly. It is further understood and
agreed that pursuant to a collateral substitution as contemplated in the
foregoing, the interest rate as defined in Paragraph 3, section J of this
Agreement shall immediately be changed to equal the prime rate of interest
charged at the Chemical Bank, New York, New York, with the said interest
rate remaining at the prime rate of interest charged at the Chemical Bank,
New York, New York, and adjusted as of the close of business at six (6)
month intervals from the anniversary of the collateral substitution or as
near to as is practical throughout the life of the Mortgage and the Note.
B. Mortgagee shall, upon request, furnish a written statement to
Mortgagor setting forth the amount due on this Mortgage and whether or
not the loan is current.
C. This Mortgage is and shall be subject and subordinate to any
and all public and private utility easements and consents, including,
but not limited to, gas, telephone, electric, sewer, water and drainage
which may hereinafter be granted by any owner on the mortgaged premises
or any part thereof. Without limiting this self-operating subordination,
the holder of the Mortgage and the Mortgagor each agree, without cost,
to execute, acknowledge and deliver any additional instruments which
may be required in order to effect such subordination.
D. In the event that any payment due under the promissory note
shall not be paid within 15 days of its due date, a late charge of 5%
of the amount of said payment shall be due and payable and if such pay-
ment remains unpaid for a period of 30 days from its due date, then the
entire unpaid balance unpaid thereon, shall forthwith or thereafter, at
the option of the Mortgagee, become due and payable, anything in said note
or mortgage or in this Agreement to the contrary notwithstanding. In
the event of the continuation of any default in any term of the Mortgage
and/or Note other than the payment of money, for a period of thirty (30)
days, after written notice sent by Certified Mail, Return Receipt Requested
to Mortgagor, the holder of the Note and Mortgage may elect to declare
the entire unpaid amount thereof, and the interest then accrued, immediatel
due and payable. Failure by the Mortgagee to exercise any of the rights
or options set forth in this paragraph shall not constitute curing a
waiver of any rights or options under said Note or the Mortgage securing
same accrued or thereafter accruing. The makers and endorsers of the Note
further agree to waive demand, notice of non-payment and protest, and in
case suit shall be brought for the collection thereof, or it is necessary
to place the same in the hands of an attorney for collection, pay
reasonable attorney's fees for making such collection. Deferred payment
shall bear interest from maturity at the rate of eighteen percent (18%)
per annum.
E. In any action or proceeding brought on this Mortgage or the Note
secured hereby, no deficiency or other money judgment shall be sought,
obtained or entered against the maker of said Note or the Mortgagor under
this Purchase Money Mortgage. Any covenants or agreements contained in
the said Note or in this Mortgage to the contrary notwithstanding, in the
event of any default in the payment of the principal or interest due under
the Note or any default in the covenants and agreements contained in this
Mortgage, the holders or assigns of said Note and this Mortgage or the
party secured hereby shall look solely to the mortgage property or to
the proceeds of its sale for payment of the Note and the full satisfaction
-2-
VZO-
Ie!---
of any liabilities or obligations otherwise arising under the Note and
this Mortgage, and if the net proceeds arising therefrom or from the sale
shall be insufficient to pay in full, the debt evidenced by the Note and
secured by this Mortgage, and satisfy any such liabilities or obligations
otherwise arising under them, the maker of the Note and its successors
and assigns, shall not be held personally liable or responsible for the
payment of any such deficiency. In the event the financial institution
fails for any reason to comply with the terms of paragraph Number 3 A iii
of the Addendum, the personal liability set forth in that paragraph shall
attach notwithstanding the language contained in this paragraph. The
provisions of the foregoing shall only be operative if the Mortgagor shall
not have performed any act or been any part of any activity directly or
indirectly which substantially reduces the value of the property. Nothing
contained in this paragraph shall relieve the Mortgagor of the personal
liability as described and set forth in paragraph 3 A iii of this Agreement
F. This is a Purchase Money Mortgage made, executed and delivered
by Mortgagor to Mortgagee to secure the payment of a portion of the
purchase price of the real property subject to the lien and charge hereof,
which said real property was conveyed to the Mortgagor by the Mortgagee
by deed bearing even date herewith.
G. Mortgagor shall have the unequivocal right, in Mortgagor's sole
discretion, to add, improve, change, alter or demolish all or part of
any improvements now or in the future located upon the property encumbered
hereby, and to accomplish all earth and land development work deemed
necessary by Mortgagor, and that the accomplishment of the same shall not
be deemed to constitute waste or be a default under this Mortgage. Said
work to be performed shall be pursuant to the site plan described in this
Agreement as EXHIBIT "4" and present zoning requirements. No work shall
be performed'other than the foregoing without the prior written consent
of the Mortgagee, which consent shall not be unreasonably withheld.
H. Said Mortgage shall also provide that if the default occurs
prior to the release of the Mortgage that a receiver be appointed pending
the foreclosure proceedings, such receivership clause to be in the
standard form ordinarily employed in mortgages in Palm Beach County.
I. The property encumbered by this Mortgage shall not include the
parcel within the red borders of the site plan attached hereto and
incorporated herein by this reference as EXHIBIT "5" (i.e. single family
lots 1 - 14, commercial lots 1, 10, 11, 19, 20, multi-family buildings
designated 1 - 8 with all contiguous common ground). The balance of the
property shall be encumbered by the Mortgage as follows:
i. It shall be a FIRST MORTGAGE on the parcels delineated on
the site plan as PID, lots 2 through 9, and 12 through 18. SELLER
shall not be required to subordinate its Mortgage on these parcels.
SELLER shall release these lots from the Mortgage upon payment to SELLER
the amount of $46,500.00 per lot. Upon payment of the release price,
SELLER shall deliver a partial release or satisfaction of mortgage for
each lot released.
ii. As to single family lots 15 through 45, SELLER shall re-
lease these lots from the Mortgage upon payment to SELLER the amount of
$10,000.00 per lot. Upon payment of the release price, SELLER shall
deliver a partial release or satisfaction of mortgage for each lot
released.
111. As to the land designated multi-family, SELLER's Mortgage
shall not be subordinated to the Mortgage of PURCHASER's construction
lender. SELLER shall release this land at $5,500.00 per unit, as desig-
nated by PURCHASER, upon payment to SELLER of $5,500.00 per unit. Upon
payment of the release price SELLER shall deliver a partial release or
satisfaction of mortgage for each building released. For every eight (8)
unit building released, SELLER shall also release one acre of common
ground as designated by PURCHASER within the multi-family area.
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iv. Notwithstanding any of the foregoing the Mortgagee shall not
be required to release the last lot in the PID, the last single family lot
or the last eight unit apartment building unless and until the Note shall
be then fully paid including all principal and interest charges.
J. The Mortgage shall be in the principal amount of $1,300,000.00,
shall be for a term of five (5) years and, shall provide for semi-annual
payments of interest only. The interest rate shall be two (2%) percent
over the 6 month Treasury Bill rate in Washington, D.C. Interest shall be
adjusted every six months, at the due date of the semi-annual interest
payment. The initial interest rate shall be two (2%) percent over the
six month Treasury Bill rate in Washington, D.C. the week prior to closing.
4. SELLER'S REPRESENTATIONS. SELLER represents and warrants the follow-
ing, which representations and warranties are now, and at closing, shall
be true and correct in all respects and shall survive the closing:
A. SELLER has good and marketable title to said LANDS and that
SELLER has no knowledge of any other liens or claims on or affecting the
LANDS, except for current ad valorem taxes. The general configuration
of the LANDS is all more particularly shown on the sketch attached hereto
as EXHIBIT "4." The attached EXHIBIT "4" with the site data reflected
therein is a true and correct representation of the acreage, zoning and
number and types of units that have been approved for construction by
appropriate governmental agencies. Except as noted in the preceding
sentence, there are no (i) proposed or pending zoning or future land use
plan changes, amendments or modifications; or (ii) proposed or pending
water, sewer, utility construction, building permit, zoning, or future
land use plan moratoria.
B. No parties shall, at closing, be in or have any right to possessior
to any of such LANDS.
c. Such LANDS are not, or by the application of the cash due at
closing shall not, be subject to any liens, claims, or encumbrances,
except then current ad valorem taxes and such liens, claims or encumbrancef
that are specifically permitted by the terms of this Agreement.
D. There are no encroachments upon the LANDS.
E. There are no restrictions of any nature other than current zoning
restrictions and deed restrictions reflected in the associations that have
been approved the appropriate government authorities which would prohibit
the property from being fully used and developed by PURCHASER as reflected
in EXHIBIT "5."
F. There are no reservations, long term leases or options to any
rights, title or interest in the land, including, but not limited to,
oil, gas, minerals, mineral rights, phosphate rights, canals, water,
timber, dirt, gravel, fill, air space, entry or access or the like
affecting any of the LANDS.
G. There are no reverters, reverter clauses, reversionary interest,
executory or future interest affecting any of the LANDS.
H. The LANDS consist of approximately 65.8 acres, and if substantiall:
(i.e. more than 5 acres) less, PURCHASER shall have the option either to
cancel this Agreement in which event PURCHASER shall be entitled to an
immediate refund of all sums paid by PURCHASER hereunder or to proceed
with the transaction.
I. There is perpetual ingress and egress, both in law and in fact,
to the LANDS from High Ridge Road and all necessary curb cuts are or will
at closing be readily available.
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J. SELLER has received no notice and has no knowledge of any
moratorium, zoning change or other fact that would adversely affect or
prohibit the LANDS from being used and developed by PURCHASER as reflected
in EXHIBIT "4."
K. There is no pending or threatened actions or causes of actions
by any governmental agency on account of eminent domain or any violation
in law in respect to the operation of the LANDS or any improvements
thereon, or with respect to the violation of any applicable building code,
zoning regulation, deed restriction or any other rule or regulation of
any governmental agency.
L. That there are no outstanding contracts, commitments or obligationf
of SELLER to which PURCHASER may be bound or which affect or encumber the
LANDS or the development thereof.
M. That there is no pending or threatened litigation affecting the
LANDS or the development thereof.
N. That there are existing agreements with adjoining property owners
for off-site improvements (i.e. traffic light at Hypoluxo Road and High
Ridge Road and turning lane). SELLER has obligated itself to pay seventy
(70%) percent of those off-site improvements with the adjoiping property
owner paying thirty (30%) percent. That with respect to the construction
of a lift station, the cost of same shall be shared with the adjoining
landowner in proportion to estimated use. SELLER shall deliver, no later
than closing, copies of the fully executed agreements referred to herein.
O. That the site-plan attached hereto and incorporated herein as
EXHIBIT "4" has been fully approved by all city and county agencies,
boards and commissions.
5. EVIDENCE OF TITLE: EXAMINATION OF TITLE, ETC. SELLER shall obtain at
SELLER's expense, and deliver to PURCHASER, within sixty (60) days from
the date hereof, a title insurance commitment in accordance with Standard
A of the Standards for Real Estate Transactions appearing on the reverse
side of the contract, committing to insure title for the property in the
amount equal to the purchase price as set forth in this contract. The
title insurance commitment shall show that title to the LANDS are good and
marketable, subject only to the encumbrances set forth herein and those
which shall be discharged by the SELLER at or prior to closing. The
PURCHASER or PURCHASER's attorney shall have a period of time not to
exceed fifteen (15) days after the delivery of the said title insurance
commitment in which to examine the same, and to notify SELLER of any defect
in the said title. In the event that the said title insurance commitment
evidences good and marketable title to be vested in the SELLER as afore-
said, this transaction shall be closed and the PURCHASER given possession
of the property on the date hereinafter specified for closing. In the
event the title insurance commitment shall not show title to be good and
marketable as aforesaid, then and in that event SELLER shall have ninety
(90) days in which to cure objection to the title. SELLER shall exercise
due diligence to cure all objections to the title. If within the time for
SELLER to cure objections to the title SELLER does cure such objection to
title, then and in that event SELLER shall notify PURCHASER and PURCHASER'f
attorney thereof and this transaction shall close within fifteen (15) days
after such notification, unless such date would be prior to the time
otherwise specified herein for the closing of this transaction. If within
the time for SELLER to cure objections to title SELLER is unable to
perfect title, SELLER shall give PURCHASER notice thereof. The PURCHASER
shall then have fifteen (15) days after receipt of said notice within
which to elect to take title in its then existing condition, or elect not
to take such title. In the event the PURCHASER elects not to take such
title, the PURCHASER shall give notice thereof to SELLER within the said
fifteen (15) day period of time, and in that event this transaction shall
thereupon become null and void and have no further force or effect and all
monies deposited by PURCHASER hereunder plus interest thereon, shall be
forthwith returned to the PURCHASER, and each party shall be relieved of
all obligations on account of this agreement.
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6. CLOSING DATE AND PLACE. This transaction shall be closed and the deed
shall be delivered within ten (10) days of SELLER advising PURCHASER by
written notice that the plat or plats contemplated in this paragraph are
properly executed by all required parties and in a form satisfactory for
proper recording, or ninety (90) days from the date of this Agreement,
whichever is later. The closing shall take place in the office of
SELLER's attorney.
At PURCHASER's request, SELLER shall proceed with the platting of
the said property in such plat or plats as PURCHASER deems appropriate
comensurate with the multiple use of the property.
SEE P~~E 6A FOR THE BALANCE OF PARAGRAPH 6.
7. COOPERATION OF SELLER. The SELLER, or his agents, shall, during the
period of time prior to closing of this transaction shall make every rea-
sonable effort to aid and assist the PURCHASER in accomplishing engineer-
ing work and discussions with appropriate governmental authorities in
securing approval of the plat and other requisite approvals as relates
to the attached site plan.
8. CONVEYANCE. SELLER shall co~vey title by either statutory warranty
deed or a trustee's deed conveying the property free and clear of all liens
or encl.1rnberances except for .those set forth in EXHIBIT "6" as atta.::ted
hereto and made a part hereof by reference, those specifically permitted
by this Agreement, and taxes for the current year and subsequent years.
The conveyance of the property shall include all rights, titles, and
interest in any and all easements, rights of way, gores of land, land
lying in the bed of any street, road or avenue, streets, ways, power,
and all estates, right title, interest, privileges, tenements, heredita-
ments and appurtenances whatsoever, in any way belonging, relating or
appertaining to the LANDS.
9. CONDITIONS PRECEDENT TO PURCHASER'S OBLIGATIONS HEREUNDER. Each and
all of the obligations of the PURCHASER hereunder are subject to and
hereby expressly made conditional upon the following:
A. That the representations, warranties and agreements of SELLER
set forth herein shall be true and correct on and as of the date of
closing;
B. That SELLER shall have duly performed all of the obligations on its
part to be performed hereunder.
If the foregoing conditions are not satisfied at closing, then
PURCHASER may, at PURCHASER's option, (a) cancel this transaction and
receive a return of his deposit monies plus interest, or (b) waive the
requirement of satisfaction of said conditions and proceed with this
transaction in accordance with the other terms of this Agreement.
10. CANCELLATION OF AGREEMENT. In the event that the PURCHASER is en-
titled to cancel this Agreement pursuant to any of the terms and con-
ditions hereof and should the PURCHASER elect to so cancel this Agreement,
the PURCHASER shall give written notice thereof to SELLER and ESCROW
AGENT, whereupon this Agreement shall become null and void and of no
force and effect, and the PURCHASER shall be entitled to a return of
all monies deposited on account of this Agreement together with (ex-
cept as specifically otherwise set forth herein) one-half (1/2) of the
accrued interest thereon, with the other one-half (1/2) of such accrued
interest to be paid over to SELLER, unless PURCHASER elected to cancel.
by reason of a default by SELLER, in which event all accrued interest
shall be paid over to PURCHASER.
11. NOTICE. All notices necessary or proper herein shall be made by
delivery or by posting the same in the United States mails, certified
mail, return receipt requested, postage prepaid and addressed to the
parties as follows:
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6. A. It is understood and agreed that SELLER shall proceed with
the final platting of the subject property pursuant to the site-plan
as attached hereto and described as EXHIBIT "4", or as near thereto as
is mutually agreeable by the parties. PURCHASER shall be responsible
for and pay on a timely basis, all costs associated with the platting
including, but not limited to costs of engineering, legal, administrative,
application fees, pursuant to the requirements of the sub-division
ordinances ~f the City of Boynton Beach. PURCHASER shall be specifically
responsible for d~livery of a performance bond satisfactory to the City
(16 of Boynton Beach pursuant to the improvements contemplated and associated
with the platter plats. PURCHASER shall further deliver to SELLER
within thirty (30) days of the date of this Agreement such deed restric-
tions, protective covenants and property owner agreements as may be
required to comply with the sub-division ordinances of the City of
Boynton Beach. PURCHASER shall be ready and available to execute such
documents and/or applications as are required to complete the platting
process. It is specifically understood and agreed that SELLER is pro-
ceeding with the sub-division, construction planning, platting and
.. development activity at the insistence of the PURCHASER as an inducement
\1' to and a contingency of execution of and performance of this contract
l for PURCHASER and SELLER. That in the event the SELLER is unable to
.. ob.~n the appropriate approvals required for platting the subject pro-
I perty within eight (8) months of the date of this Agreement, PURCHASER
'. or SELLER may, at their option, terminate this Agreement, and this Agree-
shall be of no force and effect and PURCHASER shall be entitled to a
return of his deposit.
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AS TO SELLER:
POINT MANALAPAN DEVELOPMENT CORPORATION
Attn: Kenneth L. Groves, Vice-President
P.O. Box 3198
Lantana, Florida 33465-3198
'"'
c/o David B. Mankuta, Esquire
4651 Sheridan Street, Suite 465
Hollywood, Florida 33021
AS TO PURCHASER:
AS TO ESCROW AGENT:
Howard S. Miller, P.A.
4651 Sheridan Street, Suite 465
Hollywood, Florida 33021
The addresses of the parties may be changed by giving notice thereof in
writing in the manner set forth in this paragraph for the giving of
notice.
11. The deposits made herein by PURCHASER shall be held in escrow by
Howard S. Miller, P.A. (Escrow Agent) in an interest bearing money market
fund at a Florida Chartered commercial bank and shall be disbursed as
follows (except as reflected elsewhere in this contract):
(a) Should the transaction close as contemplated, then SELLER
shall receive all accrued interest.
(b) Should the transaction not close as per Paragraph 9 (A & B),
then, in that event, PURCHASER shall receive back its deposit with all
accrued interest. ';,' ,
IN WITNESS WHEREOF, the parties have executed this Agreement the
day and year stated herein.
Signed, sealed & delivered
in the presence of:
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SELLER
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Gl1
CONTRACT FOR SALE AND PURCHASE
PARTIES: POINT MANALAPAN DEVELOPMENT COMPANY
of C/O Kenneth Groves, P.O. Box 3198, Lantana, Florida
end DAVID B. MANKUTA, his nominees or assignees
of 4651 Sheridan St., Suite 465, HollyWood, Florida (Phone
hereby agree,thet the Seller "'all .ell end Buy., shell buy the following property upon the following terms ,-rld condition. WHICH
Rea' Estate Transaction. on the reversa hereof oratteched hereto, hereindter referred to as "Stenderd(s)",
I. 'DeSCRIPTION:.. Palm Beach
(e) Legal description of real estate ("Property") located In Boynton Beach, / County, Florida:
, as "Seller",
(Phone 585-2515 )
)
INCLUDE theStendards FOl
Legal description is set forth on Exhibit 1 attached hereto, made a
part hereof and incorporated herein by reference.
(b)
(c)
Street address, If any, of the Property being conveyed is
Personal property included:
none
II.
PURCHASE PRICE:., , . . . . , . . . . . , . . , . , . . , . . . . . . . . . . . , . .
PAYMENT:
(e) Oaposit(s) to baheld In escrow by Howard S _ M:i, 11 er,
, . , . , , . . . . . . . . . . .$
2,300,000.00
P.lL
in the amount of. . . . .$
125,000.00
(b) Subject to AND e..umptlon of Mortgage In fevor of
bearing Interest at % per ennum and payable as to principal and
interest $ per month, hevlng an approximate present principal balance of. , .. $
(c) Purchase money mortgage and note bearing intereSt at * * * * % on terms sat forth herein below. in the
prlncipel emount of . . . . . . . . . . , , . . . . , . . . . . . . . . . . . . . . . , ' . . . . . . . . . . . . . ., .$
(d) Other $
(e) Balence to close, (U.S. cesh, certified or cashier's check) subject to adjustments end prorations, .$
TOTAL .$
1,300,000.00
jl
875,000.00
2,300,000.00
III. FINANCING: If tha purchase price or any part thereof Is to be financed by a third party loan, this Contract for Sale and Purchase. ("Contract"). is co,
ditioned upon the Buyer obtaining a firm commitment for said loan within days from date hereof. at an interest rate not to exe..
%; term of _ years; and in thll prlnclpel amount of $ . Buyer agre.s to make applicetion for, and to usa ra8Sonable dil
gence to obtain said loan. Should Buyer fell to obtain same or to waive Buyer's rights hereunder within said time, either party mey cancel Contract.
IV. TITLE EVI DENCE: Within '30 days from date of Contract, Seller shall, at his expense, deliver to Buyer or his attorney, in accordance wi'
Standard A., either (CH EC K) ,. (1) or DC! (2) : (1) abstract, or (2) title insurance commitment with fee owner's title policy premium to be paid by Seller at closing.
V. TIME FOR ACCEPTANCE AND EFFECTIVE DATE: If this offer is not executed by both of the parties hereto on or beforeJanuary 28, 19]
the aforesaid deposids) shall be, at the option of Buyer, returned to him and this offer shall thereafter be nulJ'il."rLv<il.d. The date of Contract ("Effective Datf,
shall be the date when the last one of the Seller and Buyer has signed this offer. aDOUl:: -
VI. CLOSING DATE: This transection shell be closed and the deed and other closing papers delivered g.'he 2 8thday of April
19 83 . unless axtended by other provisions of Contract.
VII. RESTRICTIONS, EASEMENTS, LIMITATIONS: The Buyer shall take title subjact to: Zoning, restrictions, prohibitions and other requirements imposed t:
governmental authority; Restrictions and metters appearing on the plat or otherwise common to the subdivision; Public utility easements of record, (provided S2i
easements are located contiguous th roughout the property lines and are not more than 10 feet in width as to the reer or front lines and 7Y. feet in width as to t~
side lines, unle.. otherwise specified herein); Taxes for veer of closing and subsequent years, essumed mortgages and purchase money mortgages. if ani
other' none . :1.. f . .1. :1.. '1 .
. s1lLg.l..e anl1.l..Y, rllu.l..l.l..j.).l..~Ull.l..t. &
provided, however, that none of the foregoing shall prevent use of the Property for the purpose of 1 -
Wd.L~lVUl::)~
VIII. OCCUPANCY: Seller represents that there are no parties in occupancy other than Seller. but if Property is Intended to be rented or occupied beyond closir
the fact and term. thereof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Standard G. Seller agree. to deliver occupancy of Property
time of closing Unless otherwisa specified below. If occupancy is to be delivered prior to closing, Buyer assumes all risk of loss to Property from date of occ
pancy, shall be responsible and liable for maintenance thereof from said date, and shall be deemed to have accepted the Property, real and personal, In its exist;,
condition as of time of taking occupancy unless otherwise noted in writing.
IX. ASSIGNABILITY: (CHECK ONE) Buyer tXJmey e..ign 0 may not assign, Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attached hereto as Addende shall contr.
all printed provisions in conflict therewith,
Xl. INSULATION RIDER: If Contract Is u..d for the sale of a new residence, the Insulation Rider Shall be attached hereto and made a part hereof.
XII. SPECIAL CLAUSES:
****See ParagraQh 3 J of Addendum
SEE ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FUllY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE flORIDA ASSOCIATION OF REAL TORS AND THE FLORIDA BAR
Copyright 1981 by The Florida Bar and the Florida Association of REAL ORS
(SEA
(SEA
Executed by Seller on.
/ I'Z (t'7? -5
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P (SEA
~ (SEA
By;
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(Escrow Age
BllOKERAGE FEE; Seller agrees to pay tha regiatered real eUate Broker named below, at time of closing, from the disbursements of the proceeds of sale, C(
pensation In the amount of % of gross purchase price or $ , for his services in effecting the sale by finding a Buyer, rell.
willing and able to purchase pursuant to the foregoing Contract. In the event Buyer falls to perform and deposlt(s) is retained, 50% thereof, but not exceeding
Broker's fee above computed, shall be paid to the Broker, as full consideration for Broker's services including costs expended by Broker, and the balance shall
paid to Seller. If the transaction shall not be closed because of refusal or failure of Seller to perform, the Seller shall pay said fee In full to Broker on demand.
(SEAL)
(SEA
____.__._________~__._____Lr1.1...~ o.:Lr?_II!..~G,l.
(Sallar.
'A. EVIDENCE OF TITLE: (]] An abstra~ of titla prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct
an existing firm) purporting to be an accurate synopsis of the instrum..nts affecting the title to subject Property recorded in the pUblic records of the county whe
In the Property is situated, through Effective Date. An abstrect shall commence with the earliest public records, or such later date as may be customary in 1
county wherein the Property Is situated. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth In this C,
tract and those which shall be discharged by Seller at or before closing. Marketable title shall be determined in accordance with applicable Title Standards adopt
by authority of Tha Florida Bar and in accordance with law. upon closing of this transaction such ebstract shall become the property of Buyer, subject to the ri~
of retention thereof by first mortgagee until fully paid; or [;l.J a title Insurance commitment issued by a qualified title insuror agreeing to issue to Buyer, up
recording of the deed to Buyer, an Owner's policy of title insurance in the amount of the purchase price, tnauring title of the Buyer to the Property, sUbj'
only to liens, encumbrances, exceptions or quallflcatlona set forth in this C!)ntra~t anti those which shall be dlllCharged by Seller at or before closing. Buyer sh
have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine same. If title is found de~ective, Buyer shall, withil
days thereafter, notify Seller in writing specifying defect(s). If said defect(~l render title unmarketable, Seller shall have 120 days from receipt of .notice witl
which to remove said defect(sl, and if Seller is unsuccessful In removing them within said time, Buyer shall halle the option of either (1) accepting the title a.
then is, or (21 demanding a refund of all monies paid hereunder which shall forthwith be returned to Buyer and thereupon Buyer and Seller shall be released, a'.
one another, of all further obligations under the Contract; however, Seller agrees that he will, if title is found to be unmarketable, use diligent effort to correct i
defect(s) in title within the time provided therefor, including the bringing of necessary suits.
B, EXISTING MORTGAGES: Seller shall furnish a statement from the mortgagee(s) setting forth principal balance, method of payment, interest rate and wheH.
the mortgage(st.i.s in .good standing. If a mortgage requires approval of the Buyer by the mortgagee in or<iRr to avoid default, or for assumption by the Buyer of Si
mortgage, and W the mortgagee does not approve the Buyer, the Buyer may rescind the Contract, or 141 requires an increaSe In the interest rate or charges a -!
for any reason in excess of $100,00, the Buyer may rescind the Contract unless Seller elects to pay such Increase or excess. Seller and Buyer shall each pay 50%
such fee. Buyer shall use reasonable diligence to obtain approval. The amount of any escrow depOSits held by mortgagee shall be credited to Seller,
C. PURCHASE MONEY MORTGAGES: The purchase money note and mortgage, if any, shall provide for a 30 day grace period in the event of default if it ,
first mortgage and a 15' day grace period if a second mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not provide'
acceleration or interest adjustment in event of resale of the Property; and shall be otherwise in form and content requ ired by Seller's attorney; provided, howev
Seller may only require clauses customarily found in mortgages and mortgage notes generally utilized by savings and loan institutions in the county wherein t
Property is located. Said mortgege shall require the owner of the encumbered Property to keep all prior liens and encumbrances in good standing and forbid t
owner of the Property from accepting modifications of or future advances under prior mortgage(s). All personal property being conveyed will, at o"ption of Sell.
be subject to the I ian of the mortgage and evidenced by recorded Financing Stetements.
D. SURVEY: The Buyer, within time allowed for delivery of evidence of title and examination thereof, may have the Property surveyed at his expense. If 1
survey, certified by a registered Florida surveyor, shows any encroachment of said Property or that improvements intended to be located on the Property in f,
encroach on lands of others, or violate any of the Contract covenants, the same shall be treated as a title defect.
E. TERMITES: The Buyer, within time allowed for delivery of evidence of title and examination thereof, or no later than 10 days prior to closing, whichever do
occurs last, may have the improvements inspected at Buyer's expense by a Certified Pest Control Operator to determine whether there is any visible active term,
infestation or visible existing demage from termite infestation in the improvements. If Buyer Is informed of either or both of the foregoing, Buyer will have 4 d.
from date of written notke thereof or 2 days after selection of a contractor, whichever occurs first, within which to have all damages, whether visible or not,
spected and estimated by a licensed building or general contractor. Seller shail pay valid costs of treatment and repair of all damage up to 1)1,% of Purchase Pri,
Should such costs exceed that amount, Buyer shall have the option of cancelling Contract within 5 days after receipt of contractor's repair estImate by-gr;il
written notice to Seller, or Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing of an amount equal to 1)',%
said Purchase Price. "Termitas" shall be deemed to Include all wood destroying organ isms required to be reported under the Florida Pest Control Act.
F. INGRESS AND EGRESS: Seller warrants that there is ingress and egress to the Property sufficient for the intended use as described in Paragraph VII here,
the title to which is in accordance with Standard A.. ,:
G. LEASES: Seller shall, not less than 15 days prior to closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying t.
nature and duration of said tenant's occupancy, rental rates and advanced rent and security deposits paid by tenant. In the event Seller is unable to obtain Sl.i
letter from Aach tenant, the same Information shall be furnished by Seller to Buyer within said time 'periOd In the form of a Seller's affidavit, and Buyer rT\.
thereafter contact tenants to confirm such information. Seller sheil deliver and assign all original leates to Buyer at closing.
H. LIENS: Seller shall, both as to the Property and personalty being sold hereunder, furnish to Bu'yer a.t time of closing an affidavit attesting to the absence. unl,.
otherwise provided for herein, of any financing statements, claims of lien or potential Iienorsl<nown to Seller and further attesting that there have been no impro,
ments to the Property for 90 days immediately preceding date of closing. If the Property has been improved within said time, Seller shall deliver releases or waiv,
of all mechanic's liens, executed by general contractors, subcontractors, suppliers, and materialmen, in addition to Seller's lien affidavit setting forth the names
all such general contractors, subcontractors, suppliers and materialmen and further raciting that in fact all bills for work to the Property which could serve as a ba
for a mechanic's lien heve been paid or will be paid at closing.
I. PLACE OF CLOSING. Closing shall be held in county wherein Property is located, at the office of attorney or other closing agent designated by Seller.
J. TIME: Time is of the essence of this Contract. Any reference herein to tirne periods ot less than 6 days shall In the cornputatlon ttlereof exclude Sahtrdays, Su
days and legal holidays, and any time period provided for herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next Ie
business day.
K. DOCUMENTS FOR CLOSING: Seller shall furnish deed, mechanic's lien affidavit, assignments of leases, and any correctIve instruments that may be required
connection with perfecting the title. Buyer shall furnish closing staternent. mortgage, rnortgage note; security agreement, and financing statements.
L. EXPENSES: State documentary stamps which are required to be affixed to the instrument of conveyance, intangible tax on and recording of purchase man,
rnortgage to Seller, and cost of recording any corrective instruments shall be paid by Seiler. Documentary stamps to be affixed to the note or notes secured by "
purchase money mortgage, cost of recording the deed and financing statentents shall be paid by Buyer.
M. PRO RA T ION OF TAX ES (REAL AN D PE RSONAL): Taxes shall be prorated based on the current year's tax with due allowance trIadll for ,naximum allowal,
discount and homestead or other exemptions if allowed for said year. If c10sing occurs at a date when the current year's rnillage is not fixed, and current yea.
assessment is available, taxes will be prorated based upon such assessment, and the prior year's millage. If current year's assessment is not available, then taxes \f\.'
be prorated on the prior year's tax; provided, however, if there are completed improvements on the Property by January 1st of year of closing, which improvemen
were not in existenca on January 1st of the prior year, then taxes shall be prorated based upon the prtor year's millage and at an equitable ass"ssment to be agre,.
upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration home'te<
exemption, if any. However. any tax proration based on an estimate may at request of either party to the transaction be subsequently readj'lJsted upon receipt \
tax bill on condition that a statement to that effect is set forth in the closing statement.
N, SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be po
by Seller. Pending liens as of date of closing shall be assumed by Buyer, provided, however. that where the improvement has been substantially completed as of ti
Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount eq"al to the last esti",,,
by the publ ic body, of the assessment for the improvement.
O. PERSONAL PROPERTY INSPECTION, REPAIR: Seller warrants that all major appliances, heating, cooling, electrical, plumbing systems, and machinery are
working condition as of 6 days prior to closing. Buyer may, at his expense, have inspections made of said i'tems by licenscej persons dealing In the repair and nlQii
tenance thereof, and shall report in writing to Seller such itarns as found not in working condition prior to taking of possession thereof, or 6 davs prior to closin
whichever is first. Unless Buyer reports failures within said period, he shall be deerned to have waived Seller's warranty as to failures not reported. Valid reporte
failures shall be corrected at Seller's cost with funds therefor escrowed at closing. Seller agrees to provide access for inspection upon reasonable notice.
P. RISK OF LOSS: If the improvements are damaged by fire or other casualty prior to closing, and costs of restoring same does not exceed 3% of the Ass..ss,'
Valuatio~ of the Improvements so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the termS of Contra.,
With cost therefor escrowed at closing. In the event the cost of repair or restoration exceeds 3% of the assessed valuation of the inlprovements so darnaged, [-3 lJ 'y'1
shall have the option of either taking the Property as is, together with either the said 3% or any insurance proceeds payable by virtue of such loss or damage, or I
cancelling Contract and receiving return of deposit!s) made hereunder.
Q. MAINTENANCE: Notwithstanding the proviSions of Standard 0., between Effective Date and closing date, personal property referred to in Standard l.
and real property, including lawn, shrubbery and pool, if any. shall be maintained by Seller in the condition they existed as of Effective Date, ordinary wear an.
tear excepted, and Buyer or Buyer's designee will be pennitted access for inspection prior to closing in order to confirrrl compliance with this Standard
R. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds and evidence of title continued at Buyer's expens'
to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable fron... the date af the last evidence, and the cash pre
ceeds of sale shall be held in escrow by Seller's attorney or by such other escrow agent as rnay be mutually agreed upon for a periOd of not longer than 5 doy
from and after closing date. If Seller', title is rendered unmarketable, Buyer shall within said 5 day period, notify Seller in writing of the defect antJ Seller ,ha
have 30 days frorn date of receipt of such notification to cure said defect. In the event Seller fails to tin,ely cure said defect, all rl)onies paid hereunder shall. lJl10
written denl.:Jl1d therefor and within 5 days thereafter. be returned to Buyer ~nd, Simultaneously with such repaYlTlent, Buyer shall Vdcate the PrOPl~rty and It'Cll;
vey S(JIlW to the Seller by special warranty deed In the event Buyer fails to rnake timely demand for I efund. he shall tiike title as i~., wdivlny~!! ritjhts against ~:-,\~i
as to such Ullt:f\lening defect except as IndY be availdt,le to Buyer tl't \!iriUt~ of warranties, jf any, contained in (1tH~d. In the [:Vi..:nt a portlun Id the tJ11r
prit.e is to be Uerivecl frc..H11 institutional financing or fefmanctn~L the (cquirf::rllents of the lending lnsfitution .:A$ to place, time u1' dilV i'.lnrl plo\.~~dure':i for
in\), dnu fur disbursH!nent of rnortgage proceeds, shall Lontrol, ar;ything in tt1is Contrilct to the contrafY ilutlNjthstandin~). Provide:,J. I1lj\"~.jI~vcr, It"1tJ! ihl~ ::;i-d!i~l '.ji.;
hi'.lve the right to require frolll such lending lI1stitution at t...luSl!lg i.i COflHllitrnent that it wili not withhuld <lisbursurllfHlt of fn(Jrtgdgl:~ ~!foCee,js d', d ft:'5Ult 01 c;riy tl~
de1ei t attrihuTable to Stlyer-mortgagor. The escrow i.Jnd closing prou->dure required by this Standard rnay tH~ 'Nuived in nH;' l.~\tellt nle ~;tlUiH(;,.', tlth: .Jgent elr 'IOS!f
agent in::tur(l$ d~Jainst adverse rnatters pursuant to SeL.tion 627.7841, t- .S. as dlT1t.!nued.
S [~;Cr~O\I'J l\ny escrow auent rec{~jving funds is authorized an{~ aurel1s by "n:ceptilllce thtdreof to prOltl~jtiy dlJposit und to Hold '~:j.Jl~~ III t:'>, fU',".. ,ilhJ 1u di;;L'll
SHlrle sllbject to Llearance thereof in accordilnce with terms and con,Jltions (Jf Contr,.lC1 Failure of 1..Iearal1ce of fundS .ihail no! l ,(I tJr~~~. Ih-;rfor'll...lrl....e [IV thl: [3
lil the f~vcnr of dl)ubt as to his duties or liabilities under the provisions of this, Contract, the ~scrow aUfJl...t In.....v in Ili'.i ~,t)le .lISt-fUII;'l. cuntlll',W ~u I:u!d th<J l1i;)I,
Hhkh ,H(; 1t~" s'ioject of this escrow until the parties rnutlj.':jtly dgree to the dl:;bLHse"lent thereot, or urild ij j!jd\JI;.t:~nt Il! .! ,.(o',.JI: ,;1 Lu,;,p'"'l\'lit Jll' :~di( tjor~
detlJrll1int~ tnv !'19ht$ ct It:e iJiHties theret'), or he rna~1 depr.:iit dll the 11~Ur:j,::; tl12n held pursuant tL} tllis Cu!,traL1 '..vllb fh,~ C,t~li( '.J' t:1" l,:irc,ilt '{j'.lr~ :_,; thl": C
t1a'Jin~1 JUfi5dk_tiiJfi ot lhe dispute. und UpCfl Jlotltving ~111 t;,JrtH:~ UJil<J:rll(!<i uf sl1l...h acriun. dl! liabillt',' on the par1 uf tl,l.' '~:;.'";OI.".I ('H'.'l"il shall luii\, it'rliiH)ate,
10 thl:-; t~'" t'~11 t ,)f aCC()lt 111 II \u fu r llny 1110n ies 111 cretofo rc ,.leI ivert.:d (it. t u I L;S.~ ro',,,. 1 f oj I t.:erl:'i.!cl r e,.ll est (jt~ III u k t~f, the e~,: I (J'. .'f!.,: v.~ Ii I C.{)~ll!'~ y \.'Vi II i ~.r~hfisidn~ 0 f ~)\ I
47S 2~.! (I) i : f-.~.J as <1ul(;lldud. I" the event of (..IlIY suit \Jetl/.ceJ1 (~'~\-(~I .1, J ;";eiier \"/nEI€in the !.':;',r<)\,v ~l\~U!lt 1$ !!ladl" tJ fidl[", 1.\ "lrlllL" <JI,j, I'lJg ;j'; such
d'JI~nt hert~:,;ll'!I.~r, UI in lhe t~V0llt of any SUit 'Nl1erein ~~CfG'.J'J ;.l~jCJlt il ti;TIJit.-'c'llS t 1--\ " 'iu{)Ject Ifliitflll of 1f!i~, .;;.>( rOHi, lh~~ ;'S. IU ';',;" i ~;hd:l irc '-,lItl(:d to It~, ;.'.
,cCl;jOflabi,' ,-.(lurney's 1~e ;ifld co~ts Incurred, s.Jld f€~es dfHJ co:;;t~~ to be ChuI!jlJd dflfJ JS':ie:"sl!d <is l~OlJrt. U~,i'; j,) fi.l"/Ot' U1 till.' i)lt:''-'dil~r;~llfdft'v :\!! 1,.,r\>I,~>~ d9rc12 til.'Jt ::
e:;;.cre,,'o/: d\'-lcnr Sfi:.dl not tJC lial>le to dny party or person \."'Jhurn::'utlvtJr tur llli!;dutiverv to l~uver or Sr:!I!~.'i U! IfIUllli.;S sdnJI~,_t to tfl:", t!S, !'.J' 'Jl,less ~i;J,.}" Ilisdell\iBr'I ~,;1,
lH:~ uut;:; 10 \i,illlf~1 bH~(ldl at thIS Contract or Llross negligence on the iJ,Hl of lht~ t-.:scrovv d~enL
r AfTOf"ir.JE.y. FEES AND COSTS. In cOflnectioh W:tt1 any lilluation 1l1ctljdin~J appellate proceedinos ufi;iHlq ()dt of lhl.j CCli!r;.k1: the l)ri":dilii'9 fJ3rty ~t,djl
l:ntitl8d to rel'l)Ver reasorwble attorney's fees and costs.
U DEFAULT' It Guyer tails to perform this Contra"t \.vithln the tune :o.fJPClflt::d the d~p(Jsit(s) paid by U.\(; RI(y(~r at(Hthi.Jld Iflay lH:! rf~taineLl h,! t', ,:r the <li il.;;
of Seller as liLjui,Jdted (.LJIT'I<:lges, consideration for the e....ecurlOl, of thi'ii Contract and ill full settlernenl of any clalrns: ,.\di~~reupDrl ali p':Hties st!,ill LH~ r8jit"..'~fi
<..III obl!gations under tht:~ Contract; or Seller, at his option, rT'ldV proceed at law or in equity to erHoree his legal rights urldc~r this Conrract. if, f')l ,:,/11\. fi~dSGn ori.
than failure uf ScHer to rendaI' hi, title mar,keta?le after ditligent otfort, Seller fails, neglects.or refust:s to perforrn this Contr.ac1. the 8uver Ilid'y' 5l:!ek s~le....~fi"
tornlance ur t~h.\("t to receive the return of his dep()sit(~) v\I'ithout therel)y v..,';jiving ,lny action for ddtTIayes resuitinry horn Sutle('s hr.~<J(;h
\; CONTH;H~r hJUT Ht:COf-iDABLE, PERSONS BOUI'JlJ ;\NU ['JOTIC[ :\JdIH,er (['Ii';) Contract nUl ~HI', IlIHIL(j theHJul sh.lli i,., ft! :",!,h:d if.
fhi5 Cont1ci'_t :;h"Jil billd dill! in\Jre to th'e benefit of thl: ;JJrtll;:!.> here.to ;IIlU lilei: SUt,.l';i.SUI~ In intcraf:i.l. V'/l\l:rle';,~r tIlt.! ':;U!'ilt:",1 lH.,'fl\,il'> '.iI(I~I(,ldf 5!:,1,:
(:'11() lju'-ldeJ ~f'dlj iIH~!llde ,]11 Notice ~)iven by Or' tu the i..dUJlnuy to/' t.:ltllt:r p..HtV ;-.r\.jl! De C1$ effective dS if WI/l:1l t)y dr to !HJld PJ: t)'
'N PHUit,.:-\TI(J"J::-~ ....NO INSUHANCE: Toxes, .jSSessfn....:nt~, I"l.:l\t. interi:st. in....Ul'dnCt~ .:Jnd other eKp!.~ns.t.:!'" .,ri'! t~~\Jt.:n~HJ Gi Uh~ f"ft'i (, st';;lii! 'JljTr"! dS r!
of dd':..ljlil !;(i'/L.r 'ill,lll Ild\.f~~ 'tht::' option of takin!J over un', t..::-<istlfh.l polit,it.:s uf inSUr<..inLe un tile PrOpt-:lt..... if :i:.:J.Ullldblu. 11) ,..'ll~ch (_',it'llt flrenil,j '1::' :,;, dl \',fr,.,1
rhe cas!'1 d~ . ,usin~l shall he inueCJst.~<..J or de~rt.:Jseu a~ Inay n(~ required hV sdid ~}rt)r;IlIOPS, /\11 (efer>Jnc(_';;. ii' Contracttt"l rJrurations- as oi dc.ll.. u/ ,:I.)~~i q ,.'1i)
(ieelnt2d ddte uf o...:....urJdl1cY" it occupancy oc~urs prior to l",.,k);;in\:L unlt3:.s. othc,\vl:;e pruvided for hC:!relrl
)<. CONVi Y i\I\ICE Sdler shall t..onvey title to the Pruperty bV :.;tdtutory WHnallty deeu SUbjH:t only tlJ 1I1dtters c.ontdine~j ii. P;Haq!.qlt) VII heruof "nil thO~L 'J'
~~~is~ (Jccf.;pred IlY Buvt!r. Personal property s!lali, cH the rf~qu8st of Buyer. be convdyeti by an alJsolute bilt of '~djd ,-,vitl'1 '~\lJrriil1tV ut tifl\;, Sllhjf.:I't t~) '-,1,' tl lp,ns is I:
Le otherwist: providl;:L1 for herein.
Y OTHEH A(;nEEf\.,1ENTS. NO prior or present agref:fnents or representations shall be binding upon any or ttH~ piJrtle:> hl1u~to unless lncorpOrtHCCl i:', 1.1lis CU!l~r{l
f\Jo rnoddrccltilJIl or change in this Contract shall be valid or binding upon the parties unless in writing, t:xecuted by ttlf~ p~rtles tu lp2 tiu"lnd ttH~r~IJ~'.
l:dANDARDS FOR REAL ESTATE TRANSACTIONS
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