APPLICATION
/
,AEMORANDUM
TO
Carmen AnnunziaReceived
City Planner
DATE
March 24, 1983
Date
FROM
Betty S. Boroni Time
City Clerk
/,fi..d ;?] J
FILE
SUBJECT
STONE HAVEN DEVELOPMENT CORP.
REZONE APPLICATION for
P & Z MEETING of April 12, 1983
In reference to subject application, we forward herewith copies
of the following:
1. Advertisement for Public Hearings as submitted to The Post Extra
for publication on 3/27 & 4/3/83
2. Notice sent 3/11/83 to property owners within 400 feet of
applicant's property
r
City Clerk
Betty S.
/lmb
cc: City Manager
APT-TO:CATION TO THE CITY OF bOYJI1TOrllj':_':;'Cll
D'>TE feb-~/'9t3.
-
XlTAOiED HERETO IS EXc:ERltT F.RO!'1 ORDDlANCE NO. 75-19 (2 sheets) SETI'LNG FORm
JM.'OilMATION, E."1C., 'IO BE 'sUPPLIED WITH TIUS APPLICATION.
:
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FOR RE-ZONINCz
PLEASE PRINT OR TYPE
1. l'Jaroe ot: J\pplicant Stonehaven Develop:rent COrporation
2. Name of Ovmer (If' Property Mode, Inc.
(Please list this name or numes
as it Rppears on the Deed)
3. 'Address of Property to be re-zcned COngress Avenue and New Boynton Road
4. Legal deSC1'iption of propel'tj' to be re:..zoned:
See Attached Schedule A
5. 'Hm. is the property p:::'esently zoned? R-2
6. HOvl do you want the property to be re-zolled? P.D.D.
1-, (/, r:. ;;- ~ 0 TV
7. Ho,'" is the property to be used after rc-zcning?
Allowable 456 units, mixed uSe-residential
IMP 0, R TAN T
BEFORE A}rY APPLICATION FOR ZONING OR HE-ZONING WILL BE
CONSIDERED BY THE PLANNING AND ZONING BOARD AND THE
CITY COUNCIL, A SCALE SKETCH OR TRACING CLEARLY INDICATING
THE PROPERTY TO BE HE-ZONED MUST BE ATTACHED TO TnIS
APPLICATION. THIS SKETCH J:.':UST SHaH SUFITi.OUJ'JDING STREETS AND
PROPERTY WITHIN A DIGTM~CE OF 400 FEET OF THE PROPERTY TO
BE HE-ZONED. IF THE SKETCH IS NOT ATTACHED YOUR APPLICATION
CANNOT BE CONSIDERED.
,
A $300.00 fee must accompany each Application.
Any reasons yell may bave for wishing this property re-zoned
may be indicated on the back or this application.
I hereby grant permission to the Planning and Zoning Board
to post a sign on the above descri ~d premises stating
that a change in zoning has been equested.
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_ber, 10,428 \>2,0000 Loanj Jh,J."I"f''/J''
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CONTINUATION SHEET
SCHEDULE A-5.
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feet thereof,
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of 82,627 acres. '"
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~~tion 30::"Township 45 South, Range 43 East, Palm
':;);~l11ore'particularly described a~ follows:
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~l~er:Of sald Section 30 run thence Easterly along an
Q;1~t,b890 4,9',00" East along the East-I,est Qllarter
'It;~~;~it. h en ce:ntl 0 r thO 1 0 1 0 ' 26" E a s t 25. 00 fee t tot h e
'::'t\e;;econt,tnue North 010 10' 26" East along the [Ht
! ';'fF,orded,~fn OfficfalRecord 800~ 2075 at Page 572,
;1I..a C h Co,un ty, F lor f d a. a d i 5 tan ceo f I 556 . 1 9 l' e e t i
"i~i~hst 225.00 feet; thence North 010 10' 26- East
i~/theSi~futherly Rfght-of.\lay line cf State Road
o'rded ;Tn Rud Pllt 8001t No.2, at Pa ge5 217 thru
,~';;lIook,1071. Page 1338. PUblic Records of Pal. Buch
ilillr.th,B'~ 39. 11 · East along just said Right-of."
'~'ut~,O:t,~ 01' 4c- West 978.95 feet; thence North'
'''ee~;!~t.lience 'South 000 59' 33" West 1283.41 feet,
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),.,RfJg)!;t'-of-Way lfne of lake Worth Drainage
;IH~~,-of-Way is recorded fn Official Record
,Ilee:ords of Palm Beach County, Florida;
;,~i' '3,3", We s t a 5.06 f e 8 t tot h e Sou the r 1 y Rig I,' t.
;:,,~5; t.hence North 89 49' DO" East along sa,d
',280.D8 feet; thence South 000 46' 08" I~est
i;~li~j) I 35" We 5 t 2205. 28 fee t; the nee I/o r thO 1 o.
apo'I nf i nth e sa idS 0 u the r 1 y Rig h t _ 0 f -II a y
:'conH,"ue North 010 04' 28" East 85.04 feet to
';;',thetlce South 890 49' OO"I'lest 347.16 feet to
j':$'rthe;Right-of-Way for lake Worth Drainage .
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88;~5Z acres ~nd a net of 82.627 acres.
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LOCA TION MAP
STONEHAVEN
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NOTICE OF PUBLIC HEARING
Sherry Lefkowitz Hyman, General Counsel and Sr. Vice President of the Satter
Companies, Inc., has requested the following parcel be considered for rezoning
for Stonehaven Development Corporation:
PARCEl 3:
/ '
Tracts 25, 27, 37, 38, 39 and Tract 40, LESS the \lest 25 feet thereof,
Tract 57, LESS the \lest' 25 feet thereof, and Tracts 58, 59 ~nd 50' LESS
the South 25 feet thereof for right-of-way for Lake \iorth Ora inag~ "
District Canal L-25 as recorded in Official ~ecord aDak 2063, at' Page
1416, Public Records of Palm Beach County, Florida; that portion of Tracts
5 ,and 7 lying South of the South Right-of-\.:ay Line of State ?-oad ::0. S-OO(;
as same is recorded in Road Plat Book No.2, at Pa~e 217 t~ru 220, ?~~lic
Records of Palm Beach County, Florida,; Tracts a and 25 LESS t~e ~~\:er:v
250 feet (as measured along the South Line of said S:~:e ~~J~ S-S~:; cf"
the Northerly 700 feet (as me~sured along the Westerly line 0f sdie :racts
8 and 25) of that portion of said Tracts lying Southerly of t~c So~tn
Right-of-Way line of State Road No. S-804; and LESS the West 25,0 feet of
said portion of Tract 25; Tracts 66 thru 70 and the East 260 feet of Tract
71"lESS the, North "60.0fee,t thereof for Right-of-l~~y of lake HOI.th D.-ainCl'le
Ois~rict Canal l-25, all said Tracts being a portion of Palm Bedch Fa.-ms
Co"mpany Plat 110.8, recorde,d in Plat Book 5, at Page 73, Public Records of
Palm Beach County, Florida.
Containing a gross acreage of 88.852 acres and a net of 82.627 acres.
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Al sod e s c'd bid ,;a's.',To'11 0 \~ s: '
A parcel ~~ 1a~d in Section 3D, Township 45 South, Range 43 East, Palm
Beach County, Florida, more particularly described a~ follows:
Commendng at the center of said Section 30 run thence Easterly along an
assumed bearing of North 890 49' 00" East along the East-West Quarter
.Section Line 40.00 feet; thence North 010 10' 26" East 25.DO feet to the
POl"T OF BEGINNInG; thence continue ~orth 010 10' 25" East alofig the East
~R1ght-Qf~Way of a Toad recorded in Official Record Doo~ 2075 at Pa~e 572,
~Pub11c Records of Pa1~ Beach County, Florida. a distance of 1556.1~ feet;
tlll"Ce llorth 890 39'.. II" East 225.00 feet; thence Hart!} 010 it)' 25" EdSt
'~93.00 re~t to a point in the Soyther1y Right-or-Waf line cr Sta~e Road
,No. 5-304 ~s 'a~e Is r.corded In Road Plat 8001 Ho. Z. at ?dges 217 th~u
220, And orficiAl Reco~d Boo~ 2077, Page 1338, PublIc Records of Pal~ Bea~
'County Florfda; thence Horth 890 39' 11" East a-long just said Rigot-of-
Wav 7i~.68 fee~; thence South 010 01' 44" West 978.95 feet; thence North
-890 4Z' 26" East'314.95 feet; thence South 00059' 33" West 1263.41 feet
to II point:;'fn the Northerly Right-of-Way line of Lake \.Io~th Drainage
DIstrict C~nal L.25 as said Right-of-Way is recorde~ in Official Record
Boolt 2063,' Page 1416;'Public Records of Palm [leach County. Florida;
thence contfnue South 000 59' 33" West 85.05 fest to the Southerly Right-
of-Way line of said Canal L-25; thence North 89 49' CO" East along said
Southerly Right-of-Way line 1280.08 feet; thence South 000 45' 08" West
595.11 feet; thence South 890 51' 35" West 2205.211 feet; thence r:orth 010
"04' 28" East 593.51 "'feet to a point in the said Southerly Right-of-~!JY
Ll ne of Canal L-25; .thence conti nue North 010 04' 23" Eas t 85, 04 fe~t to
the Northerly Right-of-Way; thence South 890 49' DO" liest 30.15 feet to
the POINT OF BEGINNING, less the Right-of-Way for Lake Worth Drainage
Dlst';ict Canal L-2S-.',
'Containing a gross acreage of 88,852 acres ~nd a net of 82.627 ac~es.
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REQUEST:
Congress Ave. South" we,st of the Congress Yliddle School, with frontage
on Boynton Beach Blvd " Knuth Road
REZONE from R-2 to P.U.D. with L.U.I" of 4.0
LOCATION:
PROPOSED m;E:
456 lIDits. mixed use residential Planned Unit Development
OWNER: Mode, Tnc - Applicant Stone'1aven Dev. Corp. is the Contract Purchaser
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continued. . .
NOTICE OF PUBLIC HEARING - PAGE 2
Notice of rezoning request and proposed land use is sent to property owners within
400 feet of the applicant's property to give you a chance to voice your opinion on
the subje"t.
A [mARING BEFORE THE PLANNING AND ZONING BOARD WILL BE HELD AT CITY HALL ON
TUESDAY, APRIL 12, 1983, AT 7:30 P.M.
ALSO
A PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COUNCIL ON TUESDAY, APRIL 19, 1983,
AT 8:00 P.M. ON THE ABOVE REQUEST.
Comments may be heard in
prior to hearing dates.
Extension 257.
person at the above stated meetings or filed in writing
If further information is desired, please call 734-8111,
Any person who decides to appeal any decision of the Planning & Zoning Board or
City Council with respect to any matter considered at these meetings will need
to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
LEGAL ADVERTISEMENTS WILL APPEAR IN THE MARCH 27th and APRIL 3rd ISSUES OF THE
POST EXTRA.
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH
11mb
March ll, 1983
A F F I D A V I T
STATE OF FLORIDA )
) ss.
COUNTY OF PALM BEACH )
BEFORE ME TH\S DAY PERSONALLY APPEARED
Sherry Lefkowitz Hyman, Attorney
, WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property Owners List is, to
the best of his knowledge, a complete and accurate
list of ' all property owners, mailing addresses and
legal descriptions as recorded in the latest offi-
cial tax roles in the County Courthouse for all
property within three hundred <tOO) feet of the
below described parcel of land.
The property in question is legally described as follows:
See Schedule A attached hereto
FURTHER AFFIANT SAYETH NOT.
Rt-h
, V.P./Counsel
day of
Sworn to and subscribed
Februcu:y
A.D. 19
83
nJIA<-<-f, ()~J~~
Notary Public
State of Florida at Large
My Ccmmission Expires:
ROTARY MlIC STATt OF FlO~IDA AT LARGE
MY CO,\~.N.15SI0N E;:rL~[S F[3 13 1985
130NDLD JHRU G::'Ni:i:.AL INS UNDFRWRITI=P')
~.,< ....mber 10 428 02 000(' (Loanj I!fxh,b,f'';J''
4 CONTINUATION SHEET
SCHEDULE A-5.
/ PARCEL 3:
Tracts 26, 27, 37, 38, 39 and Tract 40, LESS the West 25 feet thereof,
Tract 57, LESS the West" 25 feet thereof, and Tracts 5B, 59 and &0', LESS
the South 25 feet thereof for right-of-way for Lake Worth Drainage
District Canal L-Z5 as recorded in Official Record Book Z063, at'Page
1416, Public Records of Palm Beach County, Florida; that portion of Tracts
6 ,a n d 7 1 y i n g Sou tho f the Sou t h Rig h t - 0 f - \oJ a y L i n e 0 f S tat c R 0 a d No, S .804
as sam~ is recorded in Road Plat Book No.2, at Page 217 thru 220, ?ublic
Records of Palm Beach County, Florida,; Tracts 8 and 25 LESS tile :"2~ ~erly
250 feet (as measured along the South Line of said State ~~a= S-3~:l cf
the Northerly 700 feet (as measured along the Westerly line of saio :racts
8 and 25) of that portion of said Tracts lying Southerly of the Soutn
Rlght-of.Way Line of State Road No. 5-804; and LESS the West 25.0 feet of
said portion of Tract 25; Tracts 66 thru 70 and the East 260 feet of Tract
71"LESS the North 60.0feet thereof for Right-of-I_ay of Lake \-!o,.th D,"ainaqe
District Canal L-25, all said Tracts being a portion of Palm Deach Farms
Company Plat No.8, recorded in Plat Book 5, at Page 73, Public Records of
Palm B~ach County, Florida.
Containing a gross acreage of 88.852 acres and a net of 82.627 acres.
;,f' ''. i ';, ."' ...~~..,': ;
Also'described'a's follows:
A pprcel of land in Section 3D, Township 45 South, Range 43 East, Palm
Beach County, Florida, more particularly described a~ follows:
Commencing at the center of said Section 30 run thence Easterly along an
assumed bearing of North 890 49' 00" East along the East-West Quarter
,SectIon Line 40.00 feet; thence North 010 10' 26" East 25.00 fect to the
POINT OF BEGINNING; thence continue North 010 10' 26" East along the East
"Right-of-Way of II road recorded in Official Record Doo~ 2075 at ?aje 572,
~Pub\ic Records of Pal~ Beach County, Florida. a distance of 1556.1~ feet;
thence north 890 39' II" East 225.00 feet~ thence Korth 010 10' 25" East
'693.00 feet to . point In the Southerly Right-of-~al tine cf State Road
,/10. S-804 .s u.. is rHorded In Ro.d Plat Book /fo. 2. at Pages 217 thru
2Z0. ,nd Offlcl,l Record Boot 2077, P.ge 1338, PublIc Records of Palm Beach
'County rlorfd" thence Harth 890 39' 11. East along just said RIght-of-
"Way 7tZ.68 feet; thence South 010 01' 44- West 978.95 feet; thence North
89D 42' 26" East 314.95 feet; thence South 000 59' 33" West 1283.41 feet
.to a poi~t,fn the Northerly Right-of-Way Line of Lake Wort~ Drainage
District, Canal l-ZS a~ sa id Ri 9ht-of-Way I s recorded in Offici a 1 Record
Book 2063,' Page 1416, Public Records of Palm Beach County, Florida;
thence'contfnue South 000 59' 33" I~est 85.06 fest to the Southerly Right-
of-Way line of said Canal L-25; thence North 89 49' 00" East along said
Southerly Right-of-Way Line 1280.08 feet; thence South 000 46' 08" West
595.11 feet; thence South 890 51' 35" West 2205.28 feet; thence North 010
"04' 28" East 593.51 feet to a point in the said Southerly Right-of-liay
Line of C~nal L-Z5; thence continue North 010 04' 28" East 85.04 feet to
the Northerly Right-of-Way; thence South 890 49' 00" Hest 347.16 feet to
the POINT OF BEGINNING. less the .Right-of-Way for Lake Worth Drainage
Di~trict Canal l-25.'
,C!lntilining I gross aerea!!e of 88.852 acres ~nd a net of 82.627 acres.
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A F F I D A V I T
STATE OF FLORIDA )
) ss.
COUNTY OF PALM BEACH )
BEFORE ME THtS DAY PERSONALLY APPEARED
Sherry Lefkootz Hyman, Attorney
. WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property Owners List is, to
the best of his knowledge, a complete and accurate
list of ' all property owners, mailing addresses and
legal descriptions as recorded in the latest offi-
cial tax roles in the County Courthouse for all
property within three hundred (100) feet of the
below described parcel of land.
The property in question is legally described as follows:
See Schedule A attached hereto
,
,
/
FURTHER AFFIANT SAYETH NOT.
:\!EN DEIIELOPMENT CORPORATION
Sworn to and subscribee
Februal:y
this
At-h
, V.P./Counsel
day of
A.D. 19
83
nn~,(I~J~~
Notary Public
State of Florida at Large
My Commission Expires:
~bTARY PUBliC STATE Of flOr.IDA AT LARGE
MY CO;\.\,I,\,jSSiON E;:~I~<.~S FES 13 1985
Bar JeW THRU G.tnt~AL !/"J'; I)NI")fRWI'lIH'tI(.
,.ul"u~r ! u 4ltl 02 000(1-" (Loan I r:r- I J t 'L)I'
1'-' "f.nl bl '~J
CONTINUATION SHEET
SCHEDU!.E A-5.
/PARCEL 3:
Tracts 26, 27, 37, 38, 39 and Tract 40, LESS the West 25 feet thereof.
Tract 57, LESS the West' 25 feet thereof, and Tracts 58, 59 and 60', LESS
the South 25 feet thereof for right-of-way for Lake Worth Ora inage
District Canal L-25 as recorded in Official Record Book 2063, at'Page
1416, Public Records of Palm Beach County, Florida; that portion of Tracts
6 .and 7 lying South of the South Right-of-lIay Line of State ROud 110. S.80~
as same, is recorded in Road Plat Book No.2, at Pa~e 217 t!tru 220, ?ublic
R e cor d s 0 f Pal m B e a c h Co u n t y. F lor i d a,; T r act s 8 and 2 5 L E S S t:, e :, 'J , : e r : v
250 feet (as measured along the South Line of said State ,"a~ S-3~:; cf'
the Northerly 700 'eet (as measured along the Westerly line of saio 7racts
8 and 25) of that portion of said Tracts lying Southerly of the Soutn
Right-o'-Way Line 0' State Road No. 5-604; and LESS the West 2~,O feet of
said portion of Tract 25; Tracts 66 thru 70 and the East 26D feet of Tract
7('LESS the North 60.Ofeet thereof for Ri ght-of-l~ay of La ke !-Iod,h Dr.1 i Ilage
District Canal L-25, all said Tracts being a portion of Palm Deach Farms
Company Plat No.8, recorded in Plat Book 5, at Page 73, Public Records of
Palm B~ach County, Florida.
Containing a gross acreage of 88.852 acres and a net of 82.627 acres.
,...
Also described as follows:
A parcel of land in Section 30, Township 45 South, Range 43 East, ?alm
Beach County, Florida, mare particularly described as folluws:
Commencing at the center of said Section 30 run thence Easterly along all
assumed bearing of North 890 49' 00" East along the East-West Quarter
,Section Line 40.00 feet; thence North 010 10' 26" East 25.00 feet to the
POINT OF BEGINNING: thence continue North 010 10' 26" East alo~g the East
"Right-of-Way of a road recorded in Official Record Doo~ 2075 at ?d]e 572,
~Publlc Records 8f Pal~ Oeach County, Florida. a distance a' 1556.1i feet;
thence North 89 39' 11" East 225.00 feet: thence North 010 j J' 25- East
<'93.00 feet to . point In the Southerly Rt9ht-or-~al Line cf State Road
,110. 5-804 .s ".. Is recorded In Ro.d "ht 80010. No. '1. at ?ages '117 thru
120, .nd Offlcl.1 Reco~d Boot 2077, '.ge 1338, Public Records of Palm Reath
'County. Florid.: thent. Ho~th 8g0 39' 11. East along just said Right-of-
"wa& 7t2.68 feet: thence South 010 01' 44" West 978.95 feet; thence North
89 42' 26- E.st 314.95 feet; thence South 000 59' 33" West 1283.41 feet
to a poInt. In the Northerly Right-of-Way Line of Lake Worth Drainage
District Canal L-Z5 as said Right-of-Way is recorded in Official Record
BookZ063, Page 1416,'Public Records of Palm Beach County. Florida;
thence continue South 000 59' 33" \~est 85.06 fest to the Southerly Right-
of-Way line of said Canal L-25; thence North 89 49' aD" East along said
Southerly Right-of-Way Line 1280.08 feet; thence South 000 46' 08" Nest
595.11 feet; thence South 890 51 I 35" West 2205.28 feet; thence North 010
04' 28" East 593.51 feet to a point in the said Southerly Right-of-Way
Line of Canal L-25; thence continue North 010 04' 28" East 65.04 feet to
the Northerly Right-of-Way; thence South 8g0 49' 00" West 347.16 feet to
the POINT OF BEGINNING, less the Right-of-Way for Lake Worth Drainage
Di~trtct Canal L-25.
;ContAining I gross acreage of 88.852 acres ~nd a net of 82.627 acres.
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A F F ! 0 A V ! T
STATE OF FLORIDA )
) ss.
COUNTY OF PALM BEACH )
BEFORE ME TH\S DAY PERSONALLY APPEARED
Ron Gradsky
, WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property Owners List is, to
the best of his knowledge, a complete and accurate
list of all property owners, mailing addresses and
legal descriptions as recorded in the latest offi-
cial tax roles in t~, County Courthouse for all
property within ~~~hundred (~OO) feet of the
below described parcel of land.
The property in question is legally described as follows:
See attached Schedule A
FURTHER AFFIANT SAYETH NOT.
Sworn to and subscribed before me this
y
day of
Not
Sta
A . D. 19 83
My Commission Expires:
I>/OTARY PUBLIC STATE OF FlORID~ ~ LARQI
", ~OMM.SSION EXPIRES Ai'R 24 J984
,,,.,v,p JHRV !"fNE&AL lN~. UNQEgWRl,ERS
/
./
~l ~III"~" I.. ..,<I U", 000",,, (L04l\) ~, } f 'L)jI
~i l 1:--)(11<<01 '~I
~
CONTINUATION SHEET
SCHEOU!.E A-5.
/ PARCEl 3~
Tracts 26, 27, 37, 38, 39 and Tract 40, LESS the West 25 feet thereof.
Tract 57..:, .LESS, the West' 25 Feet thereoF. and Tracts 58, 59 ~ nd 60', LESS
: theSout~~5 feet thereof for ri9ht~oF-way for Lake Worth Drainage
Dlstrict,iCana' L-25.as recorded in Official Ilecord Dook 2063, at' Page
1416, Pub,Hc' Reco,rds'.of Palm Beach County, Florida; that portion of Tracts
'6.and 7.YY1,ng SOUl,he,o,f .the South Right-of-Way Line of State Ro~d 110. $-804
. "8$ same".J~.~~corded',.1inR.oad Plat Book No.2, at Paae 217 thru no. Public.'
-:,Rec:ords"0l'~~,,"4,lm,.aeac:", County, Florida,; Tracts 8 and 25 LESS the :'c~~erly
'.,:25.0" Fee bj~:lIs. m,e'aS,urEH.l:~.alon'9 the South Line 0 f sa idS t ~ t e ~:. a:. 5 - S~: I cf
...5,.the. Nort.h'''",)' 10-0,fee:t (as measured along the Westerly I ine of sa id 7ract~
",:e.-.;,d 25.li!:~~:f"".toat;:Por~jo.n of said Tracts lying Southerly of the Soutn
"'Ri,g,h,t-of;'1!",y'.;:~i!l,~,:\.of:Sta.te Road No. 5-804; and LESS the \,est 25.0 feet of
~i''S.\~4;.',po!iI;W,~~1, :~~ac)t, 25.; Tra c t s 66 t hr~ 70 and the Ea s t 260 fee t 0 f . Trac t
,'~.::71,i:lES5~~ , '~" ;el!"~ thereoF for R'ght-of-\~ay of lake l{odh DraInage
"Di,s~ti:'Jc''t.(~!!;a)'~,'''l'/l.,;s~id Tracts being a portion of Pillm Oeach FHms
. ':~.,.COlll'p..:... 1ly-.ti:f,..__I"';~.".,\H".j.~,_ . . ......:~id~l~,.j(in Plat Book 5, at Page 73, Publ1C Records of
'.i'P.l.l" ,'8'e,~'" .~~ ,[l\071,.da ,.fi:
: ~.:C'~~,t.,\n!i~~~~~)l~~lsl,\:~~~~age 0 f 88.852 a c res and a, .oe t 0 f 82.627 a c r es .
~',J"""''<~' ~ "/,,:,,'."" ., ,;':', \ , lr' "" '. I. ," ,. .
~.;I'('" .,", ....J;;, 1 ""t"ai' '
:'-1'$~A;'~Pil'rce; ,0,J:"1111' ;'1.I\'~S~'ti~~" 30. Township 45 South, Ilange 43 East. Pillm
.>..Be~ch ,C: ,..itY~f.~,*~}~a,,'more particularly described a,~ follo~ls;
^~~i,tb'mment\~'9 'att'iii\'~.ent'~r of said Section 30 run thence Easterly along an
'/:'^':u:sul1led~uri;~~!;of!:l(ortl1' 890 49' 00. East along the East-I{est Quarter
~t~~):~t I O:If:'Jl't;ne~~'o;';,()O.~fut; thence Nort II 010 10' 26. Ea s t 25.00 f eee to the
;0~~~ti....o;tNT,;().r.\ltGl"~"~'>~,:l;115nce continue "orth 010 10' 26" East along the E~st
r.,., :'lU.gl1t~o'f'."a'y 'o,t.J.,;,~r.p.a~X"re}:orded in Official Recol"d Boo~ 2075 at ?arye 572,
},<".Publlc Ife.cord,s &(')~J,r.l(i,Be,ath County, Florida. a distance of 1556.19 feet;
'.':0> thenctHof'th ~8~.f(:r91'{'J~I:",ElSt 22S.00 feet; thence North 010 10' 25- (Ht
",' "93. 00 (~.,.,:;;tp;;:.".p,~i;Q\",rift'the Southerly Rt gh t -0 f .\/a 1 II nee r S ta te iload
.:~"..o. s-se,; U~''':.JlI.:./t!t;'/~'co-''ded In Rud Pht Book No.2. at ilages 217 thl"U
.',',220. .1l".O'f.~;"1~.:Rc~or,il8oot 2077, P.ge 1338. PubHc RecOl"ds of Pal. Ouch
'<,'J't.,,"ty, "I or'~I'''"'t'/llfnCfiHorth 890 39' 11- fa s tal ong just sa i d Right -of-
',,":/. W.1' 712 .:68;\"~'t;"lh..""(ef;So,, th 010 01' "4. lies t 978.9 5 feet; then c e No r t h
::':J;BS.~;:42,',:;\l,'-::;~,g'!i'-i,~.i.ii9.~;Fe"t; thenc:e South 000 59' 33" West 1283.41 feet
.~.~f;ito'+,I pci~'~~,~rH~"'ll't"J y R ~ gh~-o F - Way ~ in e 0 f La k e Wo r t h . 0 r a i n a 9 e
~.:,.. ~l.':Vit'>~..h ~!i..:." '~', 'i:W\~~";4i,d"'R' ght-oF-Way IS reco rd ed 1 n 0 f f 1 C I a 1 Record
:' " ;B~' 2(T~llf,i~J1~'~4.1.,~~,,:PubH C Records 0 f P.1 m B ea c h Co un ty. Fl 0 r1 da ;
.~!. ,;.;'.,f: ~"c: e:C:~.11,t;;fl\'\I:1!.. }~". :tti'". O. 0:.0 :,59' 33" l~ est 85.-06 f e 8 t tot h ~ Sou the r 1 y Rig I,' t .
i;,'ilo;:;~,~,y.,Llit'_~;Of,,,:~idl!~ta;n:a)1-2S; thence North 89 49' 00" East along sa,d
<r~~.S~he~l.:ft.,.. : '1~iI..h~r-9i(~~t\1. ~..i~,e, I Z 80 ,,08 feet; the nee Sou t h 000 46' 013" Ii es t
~'f06l1.~"U ;!;-"'! '~., '>ilS if,:l'89~\.,51' )S" West 2205.28 feet; thence tlol"th OlD
.~. ,,'P~<f,.2 Jl ",' ',. . ,0 a pol n t in the said Sou the l" I Y Rig h t . 0 f - \I a y
""!J~ 0"'.. . ,';' ",:e:;"c;ontinue North 010 04' 28" East 85.04 feet to
1l~~,.lCo..~' (11; ",.y; .thence South 890 49' 00" l'lest 347.16 feet to
'~'\~:~:1~\.:!~~:sth~;R19ht-Of-WiY for Lake Worth Drainage
~ ,. ' "~. "",.~, "
:. .~. ,,,~.. ''\\ ,Z:I') t,",
" ,"t,~ ~'..~,' '.of 8B.85Z icres tnd a net of 82.627 acres.
..; , _)0 ...:,f . ,:~"~. '0;. J-
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List of Property OWners
1. Quail Ridge Condo 26
00-43045-30-1l-000
Quail Ridge Property OWners I Association
RFD 752
Delray Beach, FL 33444
(1 association for Imlltile condaniniums - reference Condo 26)
ORB 3l84, p. l339
2. Leisurville Golf View North
08-43-45-29-17
ORB 2229, p. 58
Leisurville Golf View North Condaninium Association, Inc.
100 N. Congress Avenue
Boynton Beach, Florida 33435
3. Leisurville Golf View
08-43-45-29-16
ORB 2143, p. 1739
Leisurville Golf View Condaninium Association, Inc.
lOO N. Congress Avenue
Boynton Beach, Florida 33435
4. Leisurville Golf Lane unit u
08-43-45-29=l5
ORB 2112, p. 1546
Leisurville Golf Lane Unit U Condaninium Association, Inc.
100 N. Congress Avenue
Boynton Beach, Florida 33435
5 through 43 attached
BOYNTON BE...-':H PLANNING DEPAR'17MENT
REZONING APPROVAL CHECKLIST
proj ect Name~V.",t,ff (/1' '1
Developer 710111,,1,-1 d~~ ,Pe~t
,AJtJJI!/ ~ /: .
Agent q&/'I ",b,tYf//'V?
.
en", ,Trustee
,
Da te Recvd: ? - 9' -~'?
OPt/~~ Cv J{'7
/
Owner
Surveyor
~e-fp". 7 - r...,'ctt-
!?obt'v+ F. tytA/t'h d- 4S"5tP C.
<7dfff7Y' - - Me! MdY' I-~
Buyer
Architect
General: (Are the following requirements met?)
~ Fees attached or received;
=ELocation sketch (tB scale) showing adjacent properties within 400';
Present zoning: i'f ~ '2. ; ~. '1': .
Proposed zoning: ~(/~ ~.4_~?{;j. /~q., t7 ~?~...-;...vo~__ ~
~ Proposed use: 1?~';"'_d'Y>_;al ; ~ ~;7~~
Address/location description provided; ~~CC
~ Legal description provided;
t Application dated & signed/applicant's address & phone no. provided;
Documents*: (Refer to Sec. 9, Zoning Regulations)
C.l. Comments:
C.2. ..
"x- C.3. ..
;'1/ C.4. ..
r/ C.S. ..
C.6. ..
O/("L/fr
N
J",t?",,1ht"V n
t"'nd
i
i
I
~/nd -trc/fl,L/c iWl(dcf- I"lft''''' vV' '77adt""''''hi
*Note: If PUD, use add tional PUD checklist;
Inter-Agency Coordination:
Palm Beach County (traffic analysis)
School Board (School Plant Planning)
So. Fla. Water Management Dist. (drainage)
(other)
Review Schedule*:
City Clerk
T.R.B.
P&Z
Council
Date:
"
Action:
..
..
..
..
..
*Note: If PUD refer to PUD checklist;
Additional Comments:
"
orig. 2-79 DCG
c. District Boun&ry Changes (Rezoning)'
Every applicat:wn for rezcn:ing involving mangteS in district boundaries
shall be acccupaniedby a fee of Three Hundred Dollars ($300.00) and
shall include 'the folla.nng: '.
1. A statenent of 'the applicant's interest in tile property to be
rezoned, including a ropy of the last recorded Warnmiy Daed; and
a. If Joint and Several <Mnerships: a written ccnsent to tile
rezoning petition by all owners of recorrl, or
b. If a Centract: pl.lI'd1ase o:ntract and written consent of 'the
seller/amer, or '
c. If an Authorized Agent: a copy of the agency agreenent, or
written ronsent of the I:'rin~ipal/cwner. or
d. If a Lessee: a ropy of the lease ~ement and Written ronsent
of 'the amer, or
e. If a Corporation or Other Business Entity: the nane of tile
ottJ.cer .or person respcnslble tor the appJ.ication and written
proof that said representative has 'the delegated authority to
repreSent the rorporation or other business entity, or in lieu
thereof, written proof that he is in fact an officer of the
=rpomticn .
2. A certified boundary sketch by a surveyor r>egistered in the State
of Dorida at a scale prescribed by the Building Official =ntain'-
ing 'the follaYing:
a. M accurate legal description of the property to be reZDJ1ed.
b. . A CCilputaticn of the total acreage of the tract to the n~
est tenth of an acr>e.
3. A =rrplete certified list of all property e<-mers, mUting addresses,
and legal descriptions for all properties wi thin at least four hund-
red (400) feet of the subject parcel as recorded in the latest
official tax rolls in the County Court House shall be furnished by
the applicant. Such list shall be ac=npanied by an affidavit
stating that,to the best of the applicant's knONledge said list is
=rrplete and accurate. Notification shall be given to all perscns
=ncerned as defined in Olapter 163 of the Dorida Statutes.
4. The applicant's locaticn map showing the locations of all proper-
ties referred to in ParagreIfl three (3) above, and their relation
to the applicant's subject parcel.
5. A statenent by the applicant of the najaI' planning ass~ions and
cVjectives of the developrrent project including but not limited to:
C{;. fuveloprrent
I b. Projected Population
I'
I
1
I
I I
II
clc.
Jd.
Proposed Timing and Stages of Leveloprrent
Proposed CMnership and Form of Organization to Maintain Cormon
and Open Space Facilities
Proposed densi iy of land use for each devel9prrent parcel as well
as the gross and net densities of the total project.
Official Soil Conservation Service,soil ~sification by soil
associations and areas sUbject to mtmdation and high ground.
water levels.
,r/ e.
Vf.
6. hly of ,2 follcwing as requined by the . lanning and Zening Boan:l
and! or the City Council:
"
a. A written corrrni:tmmt to the provisions of all necessary facili-
ties and systerrs for storm drainage, water supply, sewage
treatJrEnt, solid waste disposal, fire protecticn, reCTeational
and park areas, schcol sites, and other public inproverrents as
nay be required.
b. A traffic impact analysis or projected trip generatico for the
developrrent.
c. A drcwing of proposed fencing, screening and landscaping.
d. Proposed location, direction and tYPe of outdoor lighting.
e. Existing and proposed grade elevations.
f. IDeation of wooded areas and existing or proposed water bodies.
go' Where the applicant wishes to develop the project in increnental
stages, a site plan indicating proposed ultimate developm:mt
shall be presented for approval of tile entire parcel. PJx>posed
developm:mt Phases shall be numbered in sequence.
7. 'The recomnendation of the Planning and Zoning Board and the approval
by City Council shall becorre null and void in tile event the appli-
cant, his heirs or assigns abandons or deviates fiDm tile provisions
or conditions as approved, or fails to file tile first plat within
twelve (12) lIOnths or within any extension authorized.
8. Upon denial of an application for rezoning, in whole or in part, a
period of twelve (12) rronths must elapse before tile application nay
be refiled.
D. Civil Rerredies for Enforcerrent
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, or rraintained, or any building, structure, land or
water is used in violation of this chapter or any ordinance or other
regulation made tmder authority conferred hei>eby,' the propoer local
authorities, in addition to other rerredies, nay institute any appropriate
action or proceedings in a civil action in the circuit court to prevent
such unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance, or use, and to restrain, correct, or abate such
violation, to prevent the occupancy of said building, structure, land
or water, and to prevent any illegal act, conduct of business, or in or
about such premises.
.
..
. ,
DECLARATION
OF
PROTECTIVE COVENANTS, RESTRICTIONS,
.
RESERVATIONS, SERVITUDES AND EASEMENTS
OF
STONEHAVEN, P.U.D.
THIS DECLARATION is made this day of
by STONEHAVEN DEVELOPMENT CORPORATION, a Florida
referred to as "Declarant" or "Developer", witnesseth:
,198
corporation, hereinafter
WHEREAS, Declarant is presently the owner of all the real property described
in A rticle I hereof and has agreed to subject said property to the protective covenants,
restrictions, reservations, servitudes and easements hereinafter set forth, each and all
of which is and are for the benefit of said property and of each present and future
owner thereof, or of "ny pllrt thercof, und Hhllll inure to tho bOllOfit of und pll98 with
said property and each and every part thereof, and shall apply to and bind every present
and future owner of said property, or any part thereof, and their and each of their
heirs, successors and assigns;
ARTICLE I
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is and shall be held, transferred, sold, conveyed, used
and occupied subject to these covenants, restrictions, reservations, servitudes lIIld
easements with respect to the various portions thereo~ set forth in the various paragraphs
and subdivisions of this Declaration is located in the County of Palm Beach, State of
Florida, and is more particularly described as follows:
All of the plat of Stonehaven, P.U.D. as recorded in PIat Book
Public Records of Palm Beach County, Florida.
, pages
ARTICLE n
GENERAL PURPOSE OF COVENANTS
The real property described in Article I hereof is subjected to the covenants,
restrictions, reservations, servitudes and easements hereby declared to ensure the best
use and the most appropriate development and improvement of each lot thereof; to
protect the owners of lots against such improper use of surrounding lots as will depreciate
the value of their property; to preserve, so far as practicable, the natural be.auty of
said property; to guard against the erection thereon of poorly -designed or' proportioned '
structures and structures built of improper or unsuitable materials; to obtain harmonioUs'''-,
architectural schemes; to ensure the highest and best development of said property; to
encourage and secure the erection of attractive homes thereon, with appropriate locations
thereof on lots; to seoure and maintain type and quality of improvements in said
property, and thereby enhance the value of investments made by purchasers of lots
~~ 1
ARTICLE III
DEFINITION OF TERMS
The terms used in this Declaration of Covenants and Restrictions, the Articles
of Incorporation and the Bylaws of Stonehaven Homeowner's Association, Inc., a Florida
corporation not-for-profit, shall have the meaning stated as follows, unless the context
otherwise requires:
A. "Architectural and Landscape Review Committee" shall mean and refer to
the Architectural and Landscape Review Committee as appointed by the Declarant, so
long that it owns any lot in the subdivision and then by the Board of Directors of
Stonehaven Homeowner's Association, Inc. as provided for in the Bylaws of seid
Association.
DC-1
/
check and the person or persons by whom the same shall be signed, except as otherwise
provided by these Bylaws.
P. The power to acquire real and personal property for the benefit and use
of its members and to dispose of said property in accordance with the Declaration of
Covenants and Restrictions of Stonehaven, P.U.D. and related documents.
Q. The power to enter into a contract with any person, firm, corporation or
real estate management agent of any n'lture or kind; to provide for the maintenance,
operation, repair and upkeep of the Association's property and of any facilities on lease
to the Association or otherwise provided for the Association member's usage. Said
contract may provide that the total operation of said managing agent, firm or corporation
shall be at the cost of this Association. Said contract may further p~ovide that the
managing agent shall be paid from time to time a reasonable fee either stated as a
fixed fee or as a percentage of the total costs of maintenance, operation, repair and
upkeep or of the total funds of the corporation handled and managed by the managing
agent. Such fee, if any, shall be another of the management function costs to be borne
by the Association, unless the contract provides to the contrary.
It. The power to establish the office of additional officers of this corporation
and to appoint all officers.
S. The power to possess, employ and exercise all powers necessary to
implement, enforce and carry into effect the powers above described, including the
power to acquire, hold, convey and deal in real and personal property.
ARTICLE X
COMPLIANCE AND DEFAULT
A. Violation. In the event of a violation (other than the non-payment of
assessments) by any lot owner of any of the provisions of these Bylaws, of the Article~
of Incorporation, or any valid restrictive covenants recorded by plat or otherwise, the
Association, by direction of its Board of Directors, may notify the lot owner by written
notice of said breach, transmitted by mail and if such violation shall continue for a
period of thirty (30) days from the date of the notice, the Association, through its
Board of Directors, shall have the right to treat such violation as an intentional,
inexcusable and material breach of the Bylaws, Articles of Incorporation or Declaration
of Restrictions, and the Association may then, as its option, have the following elections:
1. An action at law to recover damages on behalf of the Association
or on behalf of the other lot owners;
2. An action in equity to enforce performance on the part of the lot
owner; or
3. An action in equity for such equitable relief as may be necessary
under the circumstances, including injunctive relief.
4. Upon finding by the Court that the violation complained of Is-willfur''''''--
and deliberate, the lot owner so violating shall reimburse the Association for reasonable
attorneys' fees incurred by it in bringing such action. Failure on the part of the
Association to maintain such action at law or in equity within thirty (30) days from
date of a written request signed by a lot owner sent to the Board of Diectors, shall
authorize any lot owner to bring an action in equity or suit at law on account of the
violation. Any violations which are deemed by the Board of Directors to be a hazard
to public health may be corrected immediately as an emergency matter by the
Association and the cost thereof shall be charged to the lot owner as a specific item.
B. Costs and Attrorneys' Fees. In any proceeding arising because of an
alleged default by a lot owner, the prevailing party shall be entitled to recover the
costs of the proceeding and such reasonable attorneys' fees as may be determined by
the court.
C. No Waiver of Rights. The failure of the Association or of a lot owner
to enforce any right, nrovision, covenant or condition which may be granted by the plat
or by any other valid restrictive covenant shall not constitute a waiver of the right of
the Association or lot owner to enforce such right, provision, covenant, or condition in
the future.
BL-8
oJ.>'
ARTICLE XI
LIABILITY SURVIVES TERMINATION OF MEMBERSHIP
The termination of membership in the Association shall not relieve or release
any such former owner or member from any liability or obligations Incurred under or
in any way connected to said lot owner's ownership and membership or impair any
rights or remedies which the Association may have against such former owner and
member arising out of or in any way connected with such ownership and membership
and the covenants and obligations incident thereto.
. ARTICLE XII
PARLIAMENTARY RULES
Roberts' Rules of Order (latest edition) shall govern the conduct of the Association
meetings when not in conflict with the Articles of Incorporation or these Bylaws.
ARTICLE xm
RULES AND REGULATIONS
The Board of Directors may, from time to time, adopt or amend previously
adopted administrative Rules and Regulations governing the details of the use and
maintenance of the subdivision in order to ensure compliance with the restrictive
covenants and with the Architectural and Landscaping Standards and any facilities or
services made available to the lot owners. A copy of the Rules and Regulations adopted
from time to time, as herein provided, shall, from time to time, be sent to the members.
If any irreconcilable conflict should arise or exist with respect to the interpretation
of these Bylaws, the Articles of Incorporation or the Declaration of Covenants and
Restrictions, the latter shall prevail.
ARTICLE XIV
MORTGAGEE'S RIGHTS
Notwithstanding anything herein to the contrary, a mortgagee holding a recorded
first mortgage on any lot (improved or otherwise) shall have the following rights:
A. Any such first mortgagee who obtains title to a lot pursuant to the
remedies provided in the mortgage or foreclosure of the mortgage will not be liable
for such lot's unpaid assessments which accrue prior to the acquisition of title to such
lot by the mortgagee. Such unpaid assessments shall be deemed to be a common
expense of the Association, and collectible from all lot owners including said mortgagee.
B. Unless at least two-thirds (2/3) of the first mortgagees (based upon one
vote for each first mortgage owned) or two-thirds (2/3) of the owners (other than the
developer) of the individual lots have given their prior written approval, the Association
shall not be entitled to:
- --- --.-...,-.-'-
1. by act or omission seek to abandon, partition, subdivide-,-eneurnbeP,- .- ._--
sell or transfer the common property owned, directly or indirectly, by the Association,
for the benefit of the lot owners in the subdivision (the granting of easements for
public utilities or for other public purposes consistent with the intended use of such
common property shall not be deemed a transfer within the meaning of this clause);
2. change the method of determining the obligations, assessments, due
or other charges which may be levied against !! lot owner;
3. by act or omission change, waive, or abandon any scheme of
regulations, or enforcement thereof, pertaining to the architectural design or the exterior
appearance of lots and improvements thereon, the exterior maintenance of lots and
improvements, or the maintenance of the common property;
4. fail to maintain fire and extended coverage on insurable Association
common property on a current replacement cost basis in an amount not less than one
hundred percent (100%) of the insurable value (based on current replacement cost);
5. use hazard insurance proceeds for losses to any Association common
property for other than the repair, replacement or reconstruction of such common
property.
BL-9
.
';-
4. The procedure for calling a meeting of the A.L.R. (which may
include regularly scheduled meetings in the event the A.L.R. so elects).
5. Such other procedural rules, regulations, and requirements as the
A.L.R. may deem necessary and which are not in conflict with the Declaration of
Covenants and Restrictions of Stonehaven, P.U.D., the Articles of Incorporation, and
these Bylaws.
ARTICLE IX
POWERS AND DUTIES OF THE CORPORATION
AND THE EXERCISE THEREOF
The Association shall have all powers granted to it by law, the'Declaration of
Covenants and Restrictions of Stonehaven, P.U.D., the Articles of Incorporation and
these Bylaws, all of which shall be exercised by its Board of Directors unless the
exercise thereof is otherwise restricted in the Declaration of Covenants and Restrictions,
these Bylaws or by law; and the aforementioned powers of the Association shall include
but not be limited to the following:
A. All of the powers specifically provided for in the Declaration of Covenants
and Restrictions of Stonehaven, P.U.D.
B. The power to levy and collect general assessments, special assessments
and individual assessments.
C. The power to expend monies collected for the purpose of paying the
expenses of the Association.
D. The power to purchase equipment, supplies and materials required in the
maintenance, repair, replacement, operation and management of the Association
property.
E. The power to insure and keep insured the buildings and improvements of
the Association.
F. The power to employ the personnel required for the operation of the
Association and the Association propertv,
U. The power to pay utility bills for utilities serving the Association proPerty.
H. The power to contract for the management of the corporation property
~and to delegate. to its__contractor.asmanager, all-the powers and duties-of-the-Assoeiat-ioR,
except those things which must be approved by members.
I. The power to make reasonable rules and regulations governing all of
Stonehaven, P.U.D., and to amend them from time to time, and see to it that all
members are notified of such changes in the rules and regulations as may be enacted.
. - J. The power to-imprwre _ the ~~atron pFOperty~subjecr-tu the limitatim1S~ ~. -
of the Declaration of Covenants and Restrictions of Stonehaven, P.U.D.
K. The power to enforce by any legal means, the provisions of the Articles
of Incorporation, the Bylaws, the Declaration of Covenants and Restrictions, and the
regulations promulgated by the Association.
L. The power to collect delinquent assessments by suit or otherwise, and to
abate nuisances and enjoin or seek damages from lot owners for violations of the
provisions of the Declaration of Covenants and Restrictions and related documents.
M. The power to pay all taxes and assessments which are liens against the
Association property.
N. The power to control and regulate residential development within
Stonehaven, P.U.D. and to promote, assist, and further provide adequate and proper
maintenance of Stonehaven, P.U.D. and the lots therein for the benefit of all owners
therein. This provision shall not be deemed to require the Association to maintain any
lot, unit, or parcel individually owned.
O. The power to select depositories for the corporation funds, and to determine
the manner of receiving, depositing, and disbursing corporate funds and the form of
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D. If a unit owner shall be in default in the payment of an installment upon
an assessment, the Board of Directors may accelerate the remaining installments of
the assessment upon notice to the unit owner, and the then unpaid balance of the
assessment shall be due upon the date stated in the notice, but not less than ten (10)
days after delivery of the notice to the unit owner, or not less than twenty (20) days
after the mailing of such notice to him by registered or certified mail, whichever shall
first occur.
E. Each of the lots in Stonehaven is hereby made SUbject to a lien and
permanent charge in favor of the Association for annual assessments or charges, and
each lot hereafter made SUbject to this Declaration shall automatically be subject to
said lien and permanent charge. Any and all of the assessments and charges, together
with interest thereon, if any, shall constitute a permanent charge upon and a continuing
lien on the lot to which such assessment relates and such permanent charge and lien
shall bind such lot in the hands of any and all persons. In the event that any assessment
shall not have been paid within thirty (30) days of the due date, the Treasurer of the
Association shall send a delinquency notice by certified mail to the delinquent member.
In the event that any assessment shall not have been paid within fifteen (15) days of
the receipt of said delinquency notice, the Treasurer shall certify to the Board of
Directors the name and address, as well as the amount in arrears, of the member.
The Board of Directors shall then cause to be prepared for execution by the President
and Secretary of the Association, a Notice of Lien to be filed with the Clerk of the
Circuit Court of Palm Beach County, Florida. When necessary, on receipt of payment
of a delinquent assessment, a satisfaction of lien shall be executed and recorded. In
the event that any assessment continues to remain in default for thirty (30) days alter
filing Notice of Lien, the Association shall pursue its remedies at law or in equity to
foreclose its lien in same manner as provided in Chapter 85 of the Florida Statutes.
In any proceeding to enforce such lien, the Association shall be entitled to recover its
costs of the proceedings and such reasonable attorney's fees as may be determined by
the Court.
ARTICLE VII
ARCHITECTURAL AND LANDSCAPE REVIEW COMMITTEE
A. Appointment. In addition to the appointment of the officers, the Board
of Directors of the Association shall also appoint each year an Architectural and
Landscape Review Committee (hereinafter sometimes referred to as the A.L.R.)
consisting of three (3) members. Members of the A.L.R. elected at the first meeting
of the Board of Directors shall hold office until the next annual meeting of the Board
of Directors or until their successors are elected and qualify.
__B.__. _Vacancy.__When.. a.vacancyoccurs -in--tlle-A.L.R.-for-any--cause--bet'ore a
member of the A.L.R.'s term has expired, the vacancy shall be filled by the Board of
Directors at its next meeting by electing a person to serve for the unexpired term or
until a successor has been elected by the Board of Directors and shall qualify. So long
as Declarant owns any lot within the Subdivision, Developer shall appoint all members
of the A.L.R.
ARTICbE- vm
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DUTIES OF THE ARCHITECTURAL AND LANDSCAPE REVIEW COMMITTEE
A. The A.L.R. shall provide for a systematic and uniform review of all
proposed improvements and construction of any type or nature whatsoever within
Stonehaven, as defined by and in accordance with the Declaration of Covenants and
Restrictions of Stonehaven, P.U.D.. It shall hold such meetings as may be required to
adequately review and consider such plans and specifications as may be submitted to it
for improvements within the Subdivision.
B. The A.L.R. shall promulgate from time to time such rules and regulations
as it deems necessary and proper, which shall include but not necessarily be limited to
the following:
its approval.
1. Guidelines and procedures to be followed by any applicant seeking
2. An adequate application form to be prepared and submitted by any
applicant seeking its approval.
3. A schedule of reasonable fees applicable for the processing of
applications.
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contingencies and working funds, except expenditures chargeable to reserves, to
additional improvements or to operations. The balance of this fund at the end of each
year shall be applied to reduce the assessments for current expenses for the succeeding
year.
2. Reserve for deferred maintenance, which shall include funds for
maintenance items that occur less frequently than annually.
3. Reserve for replacement, which shall include funds for repair or
replacement required because of damage, depreciation or obsolescence.
4. Betterments, which shall include the funds to be used for capital
expenditures for additional improvements or additional personal property that will be
a part of the recreation facility.
B. The Board of Directors shall adopt a budget for each calendar year that
shall include the estimated funds required to defray the assessments and to provide
and maintain funds for the foregoing accounts and reserves according to good accounting
practices as follows:
1. Current expenses.
2. Reserve for deferred maintenance.
3. Reserve for replacement.
4. Betterments, which shall include the funds to be used for capital
expenditures for additional improvements to the common property, provided, however,
that in the expenditure of this fund, no sum in excess of TWO THOUSAND ($2,000.00)
DOLLARS shall be expended for a single item or for a single purpose without approval
of the members of the Association.
5. Operation, the amount of which may be to provide a working fund
or to meet losses.
6. Provided, however, that the amount of each budgeted item may be
increased over the foregoing limitations when approved by owners entitled to cast not
less than seventy-five (75%) percent of the votes of the entire membership of the
Association; and further provided that until the Declarant has closed on the sale of
seventy-five (75%) percent of the lots at Stonehaven, P.U.D., or five (5) years from
the conveyance of the first lot to an owner, whichever shall first occur, the Board of
Directors may omit from the budget all allowances for contingencies, reserves, and
betterments.
7. Copies of the budget and proposed assessments shall be transmitted
to each member on or before December 31, preceding the year for which the budget
is made. If the budget is amended subsequently, a copy of the amended budget shall
be furnished to each member.
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C. Assessments against the owners for their shares- or-the items of the-budgek,,-,.._c
shall be made for the calendar year annually in advance on or before December 31
preceding the year for which the assessments are made. Such assessments "shall be due
in twelve (12) equal Installments on the first day of each month of the year for which
the assessments are made. If an annual assessment is not made as required, an
assessment shall be presumed to have been made in the amount of the last prior
assessment and quarterly installments on such assessments shall be due upon each
installment payment date until changed by an amended assessment. In the event the
annual assessment proves to be insufficient, the budget and assessments may be amended
at any time by the Board of Directors if the accounts of the amended budget do not
exceed the limitations for that year. Any account that does exceed such limitations
shall be subject to the prior approval of the membership of the Association as previously
required by these Bylaws. The unpaid assessment for the remaining portion of the
calendar year for which the amended assessment is made shall be due upon the date of
the asses~ment if made on or after July 1; and if made prior to July 1, one-half of
the increase shall be due upon the date of the assessment and the balance of the
assessment upon the next July 1. The first assessment shall be determined by the
Board of Directors of the Association. Assessments for repair and maintenance of the
limited common property shall be made as funds are expended or liability therefore is
incurred by the Association.
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5. Election of officers.
6. Unfinished business.
7. New business.
8. Adjournment.
M. Directors' fees, if any, shall be determined by members.
ARTICLE IV
POWERS AND DUTIES OF
THE BOARD OF DIRECTORS
All of the powers and duties of the Association existing under the Articles of
Incorporation and these Bylaws shall be exercised exclusively by the Board of Directors,
its agents, contractors or employees, subject only to approval by owners where such
approval is specifically required.
ARTICLE V
OFFICERS
A. The executive officers of the Association shall be a President, who shall
be a Director; a Vice-President who shall be a Director; a Treasurer and a Secretary,
all of whom shall be elected aMually by the Board of Directors and who may be
peremptory removed by vote of the Directors at any meeting. Any person may hold
two or more offices except that the President shall not also be the Secretary. The
Board of Directors, from time to time, shall elect such other officers and designate
their powers and duties as the Board shall find to be required to manage the affairs of
the Association.
B. The President shall be the Chief Executive Officer of the Association.
He shall have all of the powers and duties usually vested in the office of the President
of an association, including but not limited to the power to appoint committees from
among the members from time to time as he or she, in his or her discretion, may
determine appropriate to assist in the conduct of the affairs of the Association.
C. The Vice-President, in the absence or disability of the President, shall
exercise the powers and perform the duties of the President. He or she also shall
assist the President generally and exercise such other powers and perform such other
duties as shall be prescribed by the Directors.
D. The Secretary shall keep the minutes of all proceedings of the Directors
and the members. He or she shall attend to the giving and serving of all notices to
the. members ant:h:lirectors" and other notices required by law;~'1{e'or sheshall have
custody of the seal of the Association and affix it to instruments requiring a seal when
duly signed. He or she shall keep the records of the Association, except those of the
Treasurer, and shall perform all other duties incident to the office of Secretary of an
association and as may be required by the Directors or the President.
_ E. The Treasurer shall have -the- custody of all.1>l'op.er~f- the ~ociatiOJl. cc-. .
including funds, securities and -evidences-of indebtedness. -He or she shall keep the
books of the Association in accordance with good accounting practices and perform all
other duties incident to the office of Treasurer.
F. The compensation, if any, of all employees of the Association may be
fixed by the Directors. The provision that Directors' fees may be determined by
members shall not preclude the Board of Directors from employing a Director as an
employee of the Association.
ARTICLE VI
FffiCAL MANAGEMENT
The provisions for fiscal management of the Association set forth in the Articles
of Incorporation shall be suplemented by the following provisions:
A. Accounts. The receipts and expenditures of the Association shall be
created and charged to accounts under the following classifications as shall be
appropriate, all of which expenditures shall be common expenses:
1. Current expenses which shall include all receipts and expenditures
within the year for which the budget is made, including a reasonable allowance for
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1. Election of Directors shall be held at the annual members' meeting.
2. A nominating committee of five (5) members shall be appointed by
the Board of Directors not less than thirty (30) days prior to the annual members'
meeting. The committee shall nominate one person for each director then serving.
NominAtions for Arlrlitionlll dir",.torships C'rpIltprl lit I.hp mpptirllt shAll hp llI1ldp frolll
11'0 flour, IlIld uLho.. llull.lll/1l1ullll IIIUY lJo IIlUd" frolll Lhe (Joor.
3. The election shall be by ballot (unless dispensed with by unanimous
consent) and by plurality of the votes cast; each person voting being entitled to cast
his vote for each of as many nominees as there are vacancies to be filled. There shall
be no cumulative voting.
4. Except as to vacancies created by removal of Direc'tors by members,
vacancies in the Board of Directors occurring between annual meetings of members
shall be filled by the remaining Directors.
5. Any Director may be removed by concurrence of two-thirds (2/3)
of the votes of the entire membership at a special meeting of the members called for
that purpose. The vacancy in the Board of Directors so created shall be filled by the
members of the Association at the same meeting.
C. The term of each Director's service shall be the calendar year following
his election and subsequently until his successor is duly elected and qualified or until he
is removed in the manner elsewhere provided.
D. The organization meeting of a newly-elected Board of Directors shall be
held within ten (10) days of their election at such place and times as shall be fixed by
the Directors at the meeting at which they were elected, and no further notice of the
organization meeting shall be necessary.
E. Regular meetings of the Board of Directors may be held at such time and
place as shall be determined from time to time by a majority of the Directors. Notice
of regular meetings shall be given to each Director, personally or by mail, telephone,
or telegraph, at least five (5) days prior to the day named for such meeting.
F. Special meetings of the Directors may be called by the President and
must be called by the Secretary at the written request of one-third (1/3) of the
Directors. Not less than five (5) days notice of the meeting shall be given personally or
by mail, telephone, or telegraph, which notice shall state the time, place, and purpose
of the meeting.
G. Any Director may waive notice of a meeting before or after the meeting
and such waiver shall be deemed equivalent to the giving of notice.
H. A quorum at a Directors' meetings shall consist of a majority of the
entire Board of Directors. The acts approved by a majority of those present at a
meeting at which a quorum is present shall constitute the acts of the Board of Directors,
except when approval by a greater number of Directors. ~ rl1.quire<Lby the ,Articles.of
Incorporation or these By-Laws. ~ _', _ . .'~_-C'
I. If at any meeting of the Board of Directors there be less than a quorum
present, the majority of those present may adjourn the meeting from time to time until
a quorum is present. At any adjourned meeting any business that might have been
transacted at the meeting as originally called may be transacted without further notice.
J. The joinder of a Director in the action of a meeting by signing and
concurring in the minutes of that meeting shall constitute the presence of such Director
for the purpose of determining a quorum.
K. The presiding officer of Directors' meetings shall be the Chairman of the
Board if such an officer has been elected; and if none, the President shall preside. In
the absence of the presiding officer, the Directors present shall designate one of their
number to preside.
L. The order of business at Directors' meetings shall be:
1. Calling of roll.
2. Proof of due notice of meeting.
3. Reading and disposal of any unapproved minutes.
4. Reports of officers and committees.
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to the date of the meeting. Proof of such mailing shall be given by the affidavit of
the person giving the notice.
D. A quorum at members' meetings shall consist of persons entitled to cast
a majority of the votes of the entire membership. The acts approved by a majority of
the votes present at a meeting at which a quorum is present shall constitute the acts
of the members, except when approval by a greater number of members is required by
the Articles of Incorporation, or these Bylaws.
E. Voting.
1. In any meeting of members, the voting rights of the owners of a
lot shall be determined by the Association's Articles of Incorporation; provided, however,
the owners of each lot shall be entitled to one vote.
2. If a lot is owned by one person, his right to vote shall be established
by the record title to his lot. If any lot is owned by more than one person, the person
entitled to cast the vote for the lot shall be designated by a certificate signed by all
of the record owners of the lot and filed with the Secretary of the Association. If a lot
is owned by a corporation, the person entitled to cast the vote for the lot shall be
designated by a certificate signed by the President or Vice-President and attested by
the Secretary or Assistant Secretary of the corporation and filed with the Secretary
of the Association. Such certificates shall be valid until revoked or until superseded by
a subsequent certificate or until a change in the ownership of the lot concerned. A
certificate designating the person entitled to cast the vote of a lot may be revoked by
any owner of the lot. If such a certificate is not on file, the vote of such owners shall
not be considered in determining the requirement for a quorum nor for any other purpose.
F. Votes may be cast in person or by proxy. A proxy may be made by any
person entitled to vote and shall be valid only for the particular meeting designated in
the proxy and must be filed with the Secretary before the appointed time of the
meeting or any adjournment of the meeting.
G. If any meeting of the members cannot be organized because a quorum
has not attended, the members who are present, either in person or by proxy, may
adjourn the meeting from time to time until a quorum is present.
H. The order of Business at annual members' meetings, and as far as practical
at other members' meetings, shall be:
1. Election of chairman of the meeting.
2. Calling of the roll and certifying of proxies.
_u ~__;L~---I'roof.of.notice-of - meeting.-or - waiver of --notice.
4. lteading and disposal of any unapproved minutes.
5. Reports of officers.
6. Reports of committees.
7. Election of inspectors of elections.
8. Election of directors.
9. Unfinished business.
10. New business-.-- - - ~- ,---
11. Adjournment.
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I. Provided, however, that until Declarant of Stonehaven, P.U.D. has closed
seventy-five (75%) percent of sales of all of the lots and units located at Stonehaven,
P.U.D., or five (5) years from the date of the firt conveyance of a unit, whichever
shall first occur, the proceedings of all meetings of members of the Association shall
have no effect unless approved by the Board of Directors.
ARTICLE III
DIRECTORS
A. The affairs of the Association shall be managed by a board of not less
than three (3) nor more than nine (9) directors, the exact number to be determined at
the time of election.
B. Election of Directors shall be conducted in the following manner:
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BYLAWS
OF
STONEHAVEN HOMEOWNER'S ASSOCIATION, INC.
A Corporation not-for-profit under the laws of
the State of Florida
ARTICLE I
IlJENTITY
A. These are the Bylaws of STONEHAVEN HOMEOWNERS ASSOCIATION,
INC., hereinafter called "Association" in these Bylaws, a corporation not-for-profit under
the laws of the State of Florida, the Articles of Incorporation of which were filed in
the Office of the Secretary of State on the day of ,
198 . The Association has been organized for the purpose of owning and operating
certain lands and personal property located in Palm Beach County, Florida, which lands
and personal property are to be used in common by the members of the STONEHAVEN
HOMEOWNER'S ASSOCIATION, INC., which members shall all be property owners at
Stonehaven, P.U.D. Such operation by the Association shall include the management
of Stonehaven, P.U.D. in keeping with the terms and conditions as set forth in the
"Declaration of Covenants and Restrictions", and the enforcement of such covenants,
conditions, and facilities.
B. The initial office of the Association shall be at 2330 South Congress
Avenue, West Palm Beach, Florida, 33406.
C. The fiscal year of the Association shall be the calendar year.
D. The seal. of the Association shall bear the name of the corporation, the
word "Florida" and words "Corporation not-for-profit", the year of incorporation, an
impression of which is as follows:
-"0--
ARTICLE II
-'._--~--
MEMBERS' MEETING
A. The annual members' meetings shall be held at such location as shall be
designated in the Notice of Meeting at , on the
day in of each year, for the purpose of electing directors and
transacting any other business authorized to be transacted by the members; provided,
however, that if that day is a legal holiday, the meeting shall be held at the same hour
on the next day that is not a legal holiday.
B. Special member's meetings shall be held whenever called by the President
or Vice-President or by a majority of the Board of Directors, and must be called by
such officers upon receipt of a written request from members entitled to cast one-
third (1/3) of the votes of the entire membership.
C. Notice to all members' meetings stating the time and place and the Object
for which the meeting is called shall be given by the President or Vice-President or
~ecretary unless waived in writing by all of the members. Such notice shall be in
writing to each member at his address as it appears on the books of the Association
and shall be mailed not less than fifteen (15) days nor more than sixty (60) days prior
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-""-'~'-~"'''
CERTIFICATE DESIGNATNG PLACE OF BUSINESS OR DOMICILE OR THE
SERVICE OF PROCESS WITHIN FLORInA, NAMING AGENT UPON WHOM PROCESS
lvlA Y BE SERVED.
IN COMPLIANCE WITH SECTION 48.091, FLORIDA STATUTES, THE FOLLOWING
IS SUBMITTED: .
FIRST, THAT STONEHAVEN HOMEOWNERS ASSOCIATION, INC., A FLORIDA
CORPORATION NOT-FOR-PROFIT DESIRING TO ORGANIZE OR QUALIFY UNDER
THE LA WS OF THE STATE OF FLORIDA, WITH ITS PRINCIPAL PLACE OF BUSINESS
AT THE CITY OF WEST PALM BEACH, STATE OF FLORIDA, HAS NAMED MR.
GILBERT G. BANNERMAN, LOCATED AT 2330 SOUTH CONGRESS AVENUE, CITY
OF WEST PALM BEACH, STATE OF FLORIDA, AS ITS AGENT TO ACCEPT SERVICE
OF PROCESS WITHIN FLORIDA.
SIGNATURE
(CORPORATE OFFICER)
TITLE
DATE
HAVING BEEN NAMED TO ACCEPT SERVICE OF PROCESS FOR THE ABOVE-
STATED CORPORATION, AT THE PLACE DESIGNATED IN THIS CERTIFICATE, I
HEREBY AGREE TO ACT IN THIS CAPACITY, AND I FURTHER AGREE TO COMPLY
WITH THE PROVISIONS OF ALL STATUTES RELATIVE TO THE PROPER AND
COMPLETE PERFORMANCE OF MY DUTIES.
SIGNATURE
Gilbert G. Bannerman, RESIDENT AGENT
DATE
___~____n______"
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STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared Sherry Lefkowitz
Hyman to me known to be the person described in and who executed the foregoing
instrument and who acknowledged before me that she executed the same.
SWORN TO AND SUBSCRIBED before me this
198 .
day of
Notary Public - State of Florida
My Commission Expires:
--,=--..,~-- - - ---
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ARTICLE XII
TERM
The term of this Association shall be perpetual.
ARTICLE XIII
TRANSACTION IN WHICH DIRECTORS
OR OFFICERS ARE INTERESTED
No contract or transaction between the Association and one or more of its
Directors or officers, or between the Association and any other corporation, partnership,
association, or other organization in which one or more of its Directol'S or officers are
Directors or officers, or have a financial interest, shall be invalid, void, or voidable
solely for this reason, or solely because the Director or officer is present at or
participates in the meeting of the Board or committee thereof which is present at or
participates in the meeting of the Board or committee thereof which authorized the
contract or transaction, or solely because his or their votes are counted for such
purpose. No Director or officer of the Association shall incur liehility by reason of
the fact that he is or may be interested in any such contract or transaction. Interested
Directors may be counted in determining the presence of a quorum at a meeting of
the Board of DirectcI's or of a committee which authorized the contract or transaction.
ARTICLE XIV
AMENDMENTS
Amendments to these Articles shall be proposed and adopted in the following
manner:
(a) A notice of the subject matter of the proposed amendment shall be included
. in the notice of any meeting at which the proposed amendment is to be considered.
(b) A resolution for the adoption of the proposed amendment may only be
proposed by a Member. Members not present in person or by proxy at a meeting
considering an amendment may express their approval in writing provided that such
approval is delivered to the Secretary of the Association at or prior to the meeting.
An umcndrnent to theRe Articles shall require the us"ent of seventy-five (75'.16) percent
of members present at any duly called meeting.
(c) A copy of each amendment shall be filed with the Secretary of State and
recorded among the.J>~.~!~c.~ecorcls..C)fp'~m ~!!ach_~.!lulltYIItor!c1a,.___
_.~ ..._'w,".'.'___
(d) Notwithstanding the foregoing, for a period of three (3) years after the
recordation of these Articles among the public records of Palm Beach County, Florida,
or the recordation among said public records of deeds to seventy-five (7596) percent of
the units, whichever last occurs the Initial Board (including successors designated by
the Declarant) shall have the authority to amend these Articles-.
- -...-_.:-,,!,---~-
ARTICLE XV
SUBSCRIBER
The name and address of the subscriber of these Articles of Incorporation is as
follows:
Sherry Lefkowitz Hyman, Esquire
2330 South Congress A venue
West Palm Beach, Florida 33406
IN WITNESS WHEREOF, for the purpose of forming this corporation under the
laws of the State of Florida, the undersigned, constituting the subscriber of this
Association, has executed these Articles of Incorporation this day of
198
Sherry Lefkowitz Hyman
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ARTICLE VII
FIRST BOARD OF DIRECTORS
The names and addresses of the first persons who are to act in the capacity of
Directors until the election of their successors are:
Mr. Gilbert G. Bannerman
Mr. George A. Ray, Jr.
Mr. Patrick J. DiSalvo
2330 South Congress Avenue, W.P.B., FL 33406
2330 South Congress Avenue, W.P.B., FL 33406
2330 South Congress Avenue, W.P.B., FL 33406
ARTICLE VIII
FIRST OFFICERS
The Association shall be administered by the officers designated in the By-Laws.
The offi<!ers shall be ele<!ted by the Board at its first meeting following the annual
meeting of the Members and shall serve at the pleasure of the Board. The names and
addresses of the offi<!ers who shall serve until their suc<!essors are elected by the Board
are as follows:
Mr. Gilbert G. Bannerman - President
2330 South Congress A venue
West Palm Beach, Florida 33406
Mr. George A. Ray, Jr. - Vice President and Se<!retary
2330 South Congress Avenue
West Palm Beach, Florida 33406
Mr. Patrick J. DiSalvo - Treasurer
2330 South Congress A venue
West Palm Beach, Florida 33406
ARTICLE IX
BY-LAWS
The first By-Laws of the Association shall be adopted by the Board and may be
altered, amended or rescinded by the Board in the manner provided by the By-Laws.
ARTICLE X
INDEMNIFICATION
Every Director and officer of the Asso<!iation shall be indemnified by the
Association against all expenses and liability, including <!ounsel fees, reasonably incurred
by, or imposed upon him, in <!onnection with any proceeding or settlement of any
proceeding to whi<!h he may be a party or in which he may become involved by_ reason
of his being or having been a Director or officer at the time-such eJCpensesare incurred,
but the provisions of this Arti<!le shall not apply if a Director or officer is 1ldjudge-rr-~-
guilty of willful misfeasance or malfeasance in the performan<!e of his duties, provided,
that in the event of a settlement, the indemnification provided her'ein shall apply only
when the Board approves such settlement and reimbursement as being in the best
interest of the Association. The foregoing right of indemnification shall be in addition
to, and not ex<!lusive of, all other rights to which such Director or officer may be entitled.
ARTICLE XI
DISSOLUTION
The Association may be dissolved by the written assent of seventy-five (7596)
percent of the members. In the event of dissolution or final liquidation of the
Association, the assets, both real and personal of the Association, shall be dedicated to
an appropriate public agency or utility to be devoted to purposes as nearly as practicable
the same as those to which they were required to be devoted by the Association. In
the event that such dedication is refused ac<!eptan<!e, such assets shall be granted,
conveyed, and assigned to any non-profit corporation, association, trust, or other
organization, to be devoted to purposes as nearly as practicable to the same as those
to which they were required to be devoted by the Asso<!iation. No such disposition of
the Association properties shall be effective to divest or diminish any right or title of
any member vested in him under the recorded covenants and deeds appli<!able to him
unless made in a<!cordance with the provisions of such covenants and deeds.
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(e) have and exercise any and all powers, rights, and privileges which a
corporation organized under the Corporation's not-for-profit law of the State of Florida
by law may now or hereafter have or exercise and not in conflict with these Articles;
(f) maintain, repair, replace and operate the Common Areas;
(g) purchase liability and other insurance upon the Common Areas and insurance
for the protection of the Association, its Members, Directors and others;
(h) reconstruct improvements to the Common Areas after casualty and further
improve the Common Areas;
(i) make and amend reasonable rules and regulations respecting the
maintenance, upkeep, and use of the Property;
(j) employ personnel to perform the services required for the proper operation,
maintenance and upkeep of the Common Areas and the operation of the Association; and
(k) contract for the management of the Association and the performance of
its duties with a third party and delegate to said third party all of the powers and
duties of the Association except those required by these Articles or the Declaration
to have the approval of the Board or the Members.
ARTICLE IV
QUALIFICATION OF MEMBERS
All Members of the Association must be record owners of a fee interest in a
lot within the Property and all such owne~s shall automatically become Members of
the Association. The Declarant, as identified and defined in the Declaration, shall be
a Member.
ARTICLE V
VOTING RIGHTS
The Association shall have two (2) classes of voting membership:
Class A. Class A members shall be all members with the exception of the
Declarant and shall be entitled to one (1) vote for each lot owned. When more than
one person holds an interest in any lot, all such persons shall be Members and the vote
for such unit shall be exercised as they among themselves determine, but in no event
shall more than one vote be cast with respect to any lot.
Class B. The Class B member(s) shall be the Declarant (as defined in the
Declaration), and shall be entitled to three (3) votes for each Lot or unit owned. The
Class B membership shall cease and be converted to Class A membership on the
happening of either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the crass --A ineYiibershfp-~~<iu~_ th~ ~_
total votes outstanding in the Class B membership; or
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(b) the expiration of five (5) years from the date on which the first lot is
conveyed by the Declarant to a resident owner.
ARTICLE VI
MANAGEMENT OF THE CORPORATION
The affairs of the corporation are to be managed by not less than three (3) nor
more than nine (9) members who shall comprise the Board of Directors. All Directors
shall be elected at the annual members meeting. The term of each Director's service
shall be one (1) year and shall extend to the next annual meeting of the members or
until his successor is duly elected and qualified or until he is removed in the manner
provided in the Bylaws. Provided, however, that the entire membership of the Board
of Directors may be appointed by the Declarant so long as the Declarant is a member
of the Association by virtue of its ownership of any property subject to these Articles
and Bylaws, in the ordinary course of business.
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ARTICLES OF INCORPORATION
OF
STONEHAVEN HOMEOWNERS ASSOCIATION, INC.
The undersigned, by these Articles, associate themselves for the purpose of
forming a corporation not-for-profit under Chapter 617, Florida Statutes, and do hereby
certify as follows:
ARTICLE 1
NAME
The name of the corporation shall be STONEHAVEN HOMEOWNERS
ASSOCIATION, INC. ("Association").
ARTICLE II
INITIAL REGISTERED OFFICE AND AGENT
The initial registered office of the Association shall be located at 2330 South
Congress Avenue, West Palm Beach, Florida, 33406. The initial registered agent of
the Association is Gil Bannerman, whose address is 2330 South Congress Avenue, West
Palm Beach, Florida, 33406. The initial principal business office of the Association
shall be located at 2330 South Congress Avenue, West Palm Beach, Florida, 33406, and
the office of the Association may thereafter be at such other place as the Board of
Oirectors of the Association (''Board'') may designate from time to time.
ARTICLE III
PURPOSE AND POWl:RS OF THE ASSOCIATION
The Association does not contemplate pecuniary gain or profit to the Members
thereof ("Members"). The specific purposes for which it is formed are to provide for
maintenance, preservation, and architectural control of the residence Lots, homes, and
Common Areas within that certain tract of property located in Palm Beach County,
Florida, more particularly described as all of the Plat of Stonehaven, P .U.D., according
to the Plat thereof to be recorded in Public Records of Palm Beach County, Florida,
("Property"), to promote the health, safety and welfare of the residences within the
Property and any additions thereto as may hereafter be brought within the juriSdiction
of this Association, less such portions of the Property, if any, which may be removed
from the Declaration and jurisdiction of the Assgciation as.provided in the. .I.1.eclaration,
"and 'for these purposes to: ..... d'.. d.... '..'"
(a) exercise all of the powers and privileges and to perform all of the duties
and obligations of the Association as set forth in that certain Declaration of Covenants
and Restrictions ("Declaration") applicable to the Property and recorded among the
public records of Palm Beach County, Florida, as the same may be-amended from time
. to time as therein provided-,- said DecIaraJiOfl----Qeing incorporatel1.JJer~as.jf 'set. for-th-.,c.
in length, with all definitions of ferms set forth thel'dn being applicable to such terms
in these Articles, provided, however, in any conflict between these Articles and the
Declaration, these A rticles shall control;
(b) fix, levy, collect and enforce payment by any lawful means all charges
and assessments pursuant to the terms of the Declaration, to pay all expenses in
connection therewith and all office and other expenses incident to the conduct of the
business of the Association including all licenses, taxes or governmental charges levied
or imposed against the property of the Association;
(c) acquire (by gift, purchase, or otherwise) own, hold, improve, build upon,
operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise
dispose of real and personal property in connection with the affairs of the Association;
(d) dedicate, sell, or transfer all or any part of the Common Areas to any
public agency, authority, or utility for such purposes and subject to such conditions as
may be agreed to by the Members. No such dedication or transfer shall be effective
unless an instrument has been signed by two-thirds (2/3) of the Members agreeing to
such dedication, sale, or transfer;
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STATE OF FLORIDA
COUNTY OF PALM BEACH
Before me personally appeared , to
me known !IS the a corporation under the laws of
the State of Florida, and acknowledged that executed the foregoing instrument
for and on behalf of the said corporation !IS and for in its act and deed for the uses
and purposes therein expressed. And the said
further acknowledged that affixed the seal of the said corporation to said
instrument, that the seal thereto affixed is, in fact, the seal of said corporation and
that the seal was affixed pursuant to due and legal corporate authority.
WITNESS my hand and official seal this
198 .
day of
Notary Public
(SEAL)
My Commision Expires:
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3. Any lapse, cancellation or material modification of any insurance
policy or fideity bond maintained by the Association;
C. Rights of Mortgages. A first mortgage, upon request, is entitled to written
notification from the Association of any default in the performance by the individual
lot owner of any obliga'tion under the Declaration which is not cured within sixty (60)
days. In addition, first mortgagees of units may, jointly or singly, pay taxes or other
charges which are in default and which mayor have become a charge against any
common property and may pay overdue premiums on hazard insurance policies, or secure
new hazard insurance coverage on the lapse of a policy, for such common property and
first mortgagees makll1g such payments shall be owed immediate reimbursement therefor
from the Associaton.
ARTICLE XXI
RECREATIONAL FACILITIES
The care, maintenance, repair and replacement of the recreational facilities is
the responsibility of the Association and shall be a common expense.
ARTICLE XXII
HEADINGS AND PARAGRAPHS
The headings of the paragraphs are inserted only as a matter of convenience
and for reference, and in no way are, or are they intended to be, a part of this
Declaration, or in any way define, limit or describe the scope of intent of the particular
Section or paragraph to which they refer.
ARTICLE XXIII
THE VARIOUS PARTS OF THIS
DECLARATION ARE SEVERABLE
A. In the event any clause, subdivision, term, provision or part of this
Declaration should be adjudicated by final judgment of any court of competent
jurisdiction to be invalid or unenforceable, then disregarding the paragraph, subdivision,
term, provision or part of this Declaration as adjudicated to be invalid or unenforceable
the remainder of this Declaration shall remain in full force and effect and each and all
of the paragraphs, subdivisions, terms, provisions, or parts of this Declaration are hereby
declared to be severable and independent of each other.
B. In the event any court shall hereafter determine that any provisions as
originally drafted herein violate the rule against perpetuities, the period specified in
this Declaration shall not thereby become invalid, but instead shall be reduced to the
maximum period allowed under such rules of law.
IN WITNESS
seal by its proper
198_.
WHEREOF, the Declarant has hereuntO- set its nand an(LQtffc~~__c
corporate officers this day of
Signed, sealed and delivered
in the presence of:
By:
James Nemec
Ruth B. Nemec
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or operations); betterments, which shall include the funds to be used for capital
expenditures, additional improvements or additional property that will t" a part of the
Association property; reserves for depreciation; and operations, the amounts of which
may be provide working funds or to meet losses.
U. The Board' of Directors shall have the power to collect assessments in
monthly installments. If a lot owner shall be in default in the payment of an installment
upon any assessment, the Board of Directors may accelerate the remaining installments
for the fiscal year upon notice thereof to the lot owner and, thereupon, the unpaid
balance of the assessment shall become due upon the date stated in the notice but not
less than fifteen (15) days after delivery of or the mailing of such notice to the lot owner.
E. Each of the lots in the subdivision is hereby made subject. to a lien and
permanent charge in favor of the Association for annual assessments or charges, and
each lot hereafter made SUbject to this Declaration shall automatically be subject to
said lien and permanent charge. Any and all of the assessments and charges, together
with interest thereon, if any, shall constitute a permanent charge upon and a continuing
lien on the lot to which such asessment relates and such permanent charge and lien
shall bind such lot in the hands of any and all persons.
F. In the event that any asessm ent shall not have been paid within thirty
(30) days of the due date, the Treasurer of the Association shall send a delinquency
notice by certified mail to the delinquent member. In the event that any assessment
shall not have been paid within fifteen (15) days of the receipt of aid delinquency
notice, the Treasurer shall certify to the Board of Directors the name and address, as
well as the amount in arrears, of the member. The Board of Directors shall then cause
to be prepared, for execution by the President and Secretary of the Association, a
Notice of Lien to be filed with the Clerk of the Circuit Court of Palm Beach County,
Florida. When necessary, on receipt of payment of a delinquent assessment, a satisfaction
of lien shall be executed and recorded. In the event that any assessment continues to
remain in default for thirty (30) days after filing Notice of Lien, the Association shall
pursue its remedies at law or in equity to foreclose its lien in same manner as provided
in Chapter 85 of the Florida Statutes. In any proceeding to enforce such lien, the
Association shall be entitled to recover its costs of the proceedings and such reasonable
attorneys fees as may be determined by the Court.
ARTICLE XIX
ARBITRATION
Any dispute hereunder shall be submitted to arbitration under the rules of the
American Arbitration Association or its successor in effect at the time a demand for
arbitration is made. Any,decision.in,arbitration. may-be-filed in-the-Circuit--Courl
Clerk's Office of Palm Beach County, Florida as a judgment, and shall be exclusive,
final and binding on the parties to the arbitration.
ARTICLE XX
RIGHTS AFFORDED UNIT OWNERS AND MORTGA'GEES
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A. A vailabiJity of Documents. The Association shall be required to make
available to unit owners and lenders, and to holders, insurers or guarantors of any first
mortgage current copies of the Declaration, Bylaws, other rules concerning the project
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.
B. Notice of Action. Upon written request to the Association, identifying
the name and address of the holder, insurer or guarnntor and the unit estate number
or address, any such eligible mortgage holder or eligible insurer or guarantor will be
entitled to timely written notice of:
1. Any condemnation, loss, or any casualty loss which affect a material
portion of the project or any unit on which there is a first mortgage held, insured, or
guaranteed by such eligible mortgage holder or eligible insurer or guarantor, as applicable;
2. Any delinquency in the payment of assessments or charges owed by
an owner of a unit SUbject to a first mortgage held, insured or guaranteed by such
eligible holder or eligible insurer or grantor, which remains uncured for a period of
sixty (60) days;
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P. The power to enter into a contract with any person, firm, corporation or
real estate management agent of any nature or kind, to provide for the maintenance,
operation, repair and upkeep of the association's property and of any facilities on lease
to the association or otherwise provided for the association member's usage. Said
contract may provide that the total operation of said managing agent, firm or corporation
shall be at the cost of this association. Said contract may further provide that the
managing agent shall be paid from time to time a reasonable fee either stated as a
fixed fee or as a percentage of the total costs of maintenance, operation, repair and
upkeep or of the total funds of the association handled and managed by the managing
agent. Such fee, if any, shall be another of the management function costs to be borne
by the Association, unless the contract provides to the contrary.
Q. The power to establish the office of additional officers of this association
and to appoint all officers.
R. The power to possess, employ and exercise all powers necessary to
implement, enforce and carry into effect the powers above described, including the
power to acquire, hold, convey and deal in real and personal property.
ARTICLE XVI
CONTROL OF THE ASSOCIATION AND ASSOCIATION PROPERTY
A. The Developer is entitled to appoint the entire membership of the Board
of Directors so long as Developer owns any lot in the SUbdivision in the ordinary course
of business. Prior to or at the time of conveyance by Developer of the last lot owned
by it in the subdivision, Developer shall transfer control of the Association to the non-
Developer lot owners.
B. Prior to or at the time of turnover of control of the Association, Developer
shall convey to the Association title to the Association Property, as defined herein.
ARTICLE XVII
DISSOLUTION OF THE ASSOCIATION
In the event of dissolution or final liquidation of the Association, the assets,
both real and personal of the Association, shall be dedicated to an appropriate public
agency or utility to be devoted to purposes as nearly as practicable the same as those
to which they were required to be devoted by the Association. In the event that such
dedication is refused acceptance, such assets shall be granted, conveyed and assigned
to any non-profit corporation, association, trust or other organization, to be devoted
to purposes as nearly as practicable to the same as those to which they were required
to be devoted by the Association. No such disposition of the Association properties
shall be effective to divest or diminish any right or title of any member vested in him
under the recorded covenants and deeds applicable to him unless made in accordance
with the provisions of such covenants and deeds.
ARTICLE XVIII
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ASSESSMENTS AND LIENS
A. The Board of Directors of the Association shall fix and determine, from
time to time, the sums necessary and adequate for the expenses of the Association.
B. Expenses shall include expenses for th~ operation, maintenance, repair,
replacement, or taxes of Association property, utilities, cost of carrying out the powers
and duties of the Association, all insurance premfums and expenses relating thereto,
including fire insurance and extended coverage, and any other expenses designated from
time to time by the Board of Directors of the Association. The Board of Directors
is specifically empowered, on behalf of the Association, to make and collect asessments.
Funds for the payment of expenses shall be assessed against the lot owners equally.
Said assessments shall be payable quarterly in advance, unless otherwise ordered by the
Board of Directors. Special assessments, should such be required by the Board of
Directors, shall be levied in the same manner as hereinbefore provided for regular
assessments and shall be payable in the manner determined by the Board of Directors.
C. The Board of Directors shall adopt a budget for each fiscal year that
shall include the estimated funds required to defray expenses and to provide and maintain
funds to cover current expenses, which shall include all receipts and expenditures within
the year for which th, budget is made, including a reasonable allowance for contingencies
and working funds (except expenditures chargeable to reserves, additional improvements,
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Florida, accept such conveyance and assume and agree to be bound by each and all of
the obligations and duties hereby imposed upon the Declarant, then and in that event
Declarant shall be relieved of the performance of any further duty or obligation
hereunder and such other corporation, partnership or individual shall succeed to all of
the rights, powers, reservations, obligations and duties as though such other party has
originally been named lis Declarant instead of Declarant.
ARTiCLE XV
POWERS AND DUTIES OF THE CORPORATION
AND THE EXERCISE THEREOF
The association shall have all powers granted to it by law, this D!lclaration, the
Articles of Incorporation and the Bylaws, all of which shall be exercised by its Board
of Directors unless the exercise thereof is otherwise restricted in this Declaration of
Covenants and Restrictions, the Bylaws or by law; and the aforementioned powers of
the association shall include but not be limited to the following:
A. The power to levy and collect general assessments, special assessments
and individual assesments.
B. The power to expend monies collected for the purpose of paying the
expenses of the association.
C. The power to purchase equipment, supplies and materials required in the
maintenance, repair, replacement, operation and management of association property.
D. The power to insure and keep insured the buildings and improvements of
the association.
E. The power to employ the personnel required for the operation of the
association and association property.
F. The power to pay utility bills for utilities serving association property.
G. The power to contract for the management of association property and
to delegate to its contractor as manager, all the powers and duties of the association,
except those things which must be approved by members.
H. The power to make reasonable rules and regulations governing all of the
plat, and to amend them from time to time, and see to it that all members are notified
of such changes in the rules and regulations as may be enacted.
1. The power to improve association property SUbject to the limitations as
set forth herein.
J. The power to enforce by any legal means, the provIsIons of the Articles
of Incorporation, the Bylaws, this Declaration of Protective Covenants and the regulations
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K. The power to collect delinquent assessments by suit or otherwise, and to
abate nuisances and enjoin or seek damages from lot, unit or parcel owners for violations
of the provision of this Declaration of Protective Covenants and related documents.
L. The power to pay all taxes and assessments which are liens against
association property.
M. The power to control and regulate residential development within the
subdivision and to promote, assist and further adequate and proper maintenance of the
subdivision and the lots, units or parcels therein for the benefit of all owners therein.
This provision shall not be deemed to require the Association to maintain any lot, unit
or parcel individually owned.
N. The power to select depositories for the association funds, and to determine
the manner of receiving, depositing and disbursing association funds and the form of
check and the person or persons by whom the same shall be signed, when not signed
as otherwise provided by the Bylaws.
O. The power to acquire real and personal property for the benefit and use
of its members and to dispose of said property in accordance with this Declaration and
related documents.
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ARTICLE XI
VIOLATION OF COVENANTS, RESTRICTIONS,
RESERVATIONS, SERVITUDES AND EASEMENTS
A. A breach or violation of any of the covenants, restrictions, reservations,
servitudes and easements shall give to the Declarant, the right to immediate entry
upon the property upon which such violation exists and summarily to abate and remove
at the expense of the owner thereof, any erection, structure, building, thing or condition
that may be or exist thereon contrary to this Declaration and to the true intent and
meaning of the provision hereof and the Declarant shall not thereby be deemed guilty
of any manner of trespass for such entry, abatement, or removal nor shall the Declarant
be liable for any damages occasioned thereby. The result of every act ,of omission or
commission, or the violation of any covenant, restriction, reservation, servitude and
easement thereof, whether such covenant, restrictions, reservations, servitude and
easement is violated in whole or in part, is hereby declared to be and to constitute a
nuisance, either public or private, shall be applicable against any such owner of any
lot, and may be prohibited and enjoined by injunction. Such remedy shall be deemed
cumulative and not exclusive.
B. Where an action, suit or other judicial proceeding is instituted or brought
for the enforcement of these covenants, restrictions, reservations, servitudes and
easements, the prevailing party in such litigation shall be entitled to all expenses,
including reasonable attorney's fees and costs, incurred by said party in such legal
proceedings.
ARTICLE XII
RIGHT TO ENFORCE
The prOVISIOns contained in this Declaration shall bind and inure to the benefit
of and be enforceable by the Declarant, the Association, or by the owner or owners of
any portion of said property their legal representatives, heirs, successors and assigns
and failure by Declarant, or by the owner or owners of any portion of the property or
their legal representatives heirs, successors or assigns, to enforce any such covenants,
restrictions, reservations, servitudes and easements herein contained shall, in no event,
be deemed a waiver of the right to do so thereafter unless otherwise herein provided.
ARTICLE XIII
MEMBERSHIP IN HOMEOWNERS ASSOCIATION
The owner of each of the lots subjected to this Declaration shall automatically be
a member of Stonehaven Homeowners Association, Inc., a corporation not-for-profit
organized under the laws of the State of Florida and such owner and the parcels of
land which he owns shall be subject to the rights, privileges, duties, and obligations
thereof, and each lot owner shall be SUbject to the Articles of Incorporation and Bylaws
of the Association, and to all the rules and regulations adopted by said AssocJation.
Such membership in the Association shall not be transferrable-{}\' llSsignableexcept' as
an incident to the transfer of the ownership or assignment of interest in the property-~--'--
hereby subjected to these protective covenants, restrictions, reservations, servitudes
and easements.
ARTICLE XIV
ASSIGNMENT OF POWERS
A. Any and all rights and powers and reservations of the Declarant herein
contained may be deeded, conveyed or assigned to another corporation, partnership or
individual and upon such corporation, partnership or individual evidencing its consent
in writing to accept such assignment and to assume such duties and powers, it shall, to
the extent of such deed, conveyance or assignment, have the same rights and powers
and be subject to the same obligations and duties as are given to and assumed by
Declarant herein and thereupon Declarant shall be relieved of the performance of any
further duty or obligation hereunder to the extent of such deed, conveyance or
assignment.
B. In the event Declarant shall convey all of its right, title and interest in
and to the real property described in Article 1 hereof and shall assign all of its rights,
powers and pri vileges under this Declaration to another corporation, partnership or
individual and such assignee should, by instrument in writing duly executed, acknowledged
and recorded in the Office of the Clerk of the Circuit Court of Palm Beach County,
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ARTICLE IX
SCOPE, DURATION OF COVENANTS, RESTRICTIONS
RESERVATIONS, SER\ITUDES AND EASEMENTS
A. All of the covenants, restrictions, reservations, servitudes and easements
set forth in this Declaration are imposed upon said property for the direct henefit
t hOl'nor IIlId IIr lllf'! UWIlUI'Q 11lJ1I'po( 1111 n LUlI't uf tho l{nllol"nl plnll IIf c!uvnlulUllout f
improvcment, building, equipment and maintenance of said propcrty. Eaeh grantee or
purchaser under a contract of sale or agreement of purchase, by accepting a deed or
contract of sale or agreement of purchase, accepts the same subject to the covenants,
restrictions, reservations, servitudes and easements set forth in this Declaration and
agrees to be bound by each such covenant, restriction, reservation, .servitude and
easement. Said covenants, restrictions, reservations, servitudes and easements shall
run with the land and continue to be in full force and effect except as hereinafter
provided, until the thirty-first (31st) day of December, 2002.
B. Said covenants and restrictions, reservations, servitudes and easements
that are in force on said thirty-first (31st) day of December, 2002, shall be continued
automatically and without further notice from that time for a period of ten (10) years
and thereafter for successive periods of ten (10) years each, without limitation, unless
within six (6) months prior to the expiration of any successive period of ten (10) years
thereafter a written agreement executed by the then record owners of lots in the
property subject to this Declaration, having an aggregate area equivalent to not less
than fifty (5096) percent of the area of the total number of lots then subject to this
Declaration shall be placed on record in the Office of the Clerk of the Circuit Court
of Palm Beach County, Florida, in which agreement any of the covenants, restrictions,
reservations, servitudes and easements may be changed, modified, waived or extinguished
in whole or in part, as to all or any part of the property then subject thereto in the
manner and to the extent therein provided.
C. In the event that any such written agreement of change or modification
be fully executed and recorded, the original convenants, restrictions, reservations,
servitudes and easement as therein modified shall continue in force for successive
periods of ten (10) year each, unless and until further changed, modified or extinguished
in the manner herein provided.
D. Damages e.re hereby declared not to be adequate compensation for any
breach of the covenants, restrictions, reservations, servitudes or easements of this
Declaration, but such breach and the continuance thereof may be enjoined, abated and
remedied by appropriate proceedings by the Declarant, the Architectural and Landscape
Review Committee or by an owner of any lot in said property.
ARTICLE X
MODIFICATION AND ANNULMENT OF COVENANTS,
RESTRICTIONS, RESERVATIONS AND SERVITUDES
Any of the coven~!lts, restrictionsLJeservations, servitudes _Wld.~ easements__
contained in this Declaration may- be annulled;ovatved;- changed'-ormoCfified witlTTespect ~
to all or any portion of said property by Declarant, so long as Declarant owns any lot
in the subdivision; during the ordinary course of development business provided any
amendment which would affect the surface water management system, including the
water management portions of the common areas, must have the prior approval of the
South Florida Water Management District.
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F. After the expiration of one (1) year from the date of completion of any
structure or alteration, such structure or alteration shall be deemed to comply with all
of the provisions of Article V. hereof unless notice to the contrary shall have been
recorded in the Office of the Clerk of the Circuit Court, in and for Palm Beach
County, Florida, or legal proceedings shall have been instituted to enforce such
compliance. .
G. The Architectural and Landscape Review Committee may, at any reasonable
time, enter and inspect any building or property subject to the jurisdiction of the
Architectural and Landscape Review Committee under construction or in which such
agent or member may believe that a violation of the covenants, restrictions, reservations,
servitudes or easements is occurring or has occurred.
ARTICLE VI
LOTS
A. Not more than one dwelling house shall be erected, constructed, or
maintained upon anyone lot or upon any building site consisting of one or more lots, all
of one lot and part of another or of contiguous parts of two lots which will form an
integral unit of land suitable for use as a building site for a dwelling. No building
site shall consist of less land than is contained in one of the lots in the block in which
such site is located. No re-subdivision shall be permitted except as aforesaid.
B. Declarant reserves the right, so long as it owns any lots in the subdivision,
to care for vacant and unimproved lots and property, to remove and destroy tall grass,
undergrowth, weeds and rubbish therefrom and to remove any unsightly and obnoxious
things therefrom and to do all other things and perform all labor necessary or desirable
in the judgment of the Declarant to keep the property and the land contiguous and
adjacent thereto in a neat and clean condition and to charge the cost thereof against
the then owners of said lot or lots.
ARTICLE VII
STREETS, EASE l\d:: NTS, RESERVATIONS,
RIGHTS-QF-WA Y AND ADDITIONAL RESTRICTIONS
A.
conveyed
purchase,
No title to land in any street is intended to be conveyed, or shall be
to the grantee under any deed, or to the purchaser under any contract of
unless expressly so provided in such deed or contract or purchase.
B. Easements, reservations and rights-of-way may be reserved by Declarant,
its successors and assigns, in any conveyance it or they may make of said property or
any portion thereof.
C. Declarant may include in any contract or deed hereafter made additional
protecti ve covenants and restrictions not inconsistent with those contained herein.
D. No dwelling house, garage, outbuilding, or other.structure~ any kind st.all
be built, erected, or maintained upon any such easements, reservations or rights-or.;c~._.-c-
way and said corporations and other persons erecting, constructing or servicing such
utilities and quasi-public utilities and Declarant, its successors and assigns, all of whom
shall have the right of ingress and egress thereto and therefrom and the right and
privilege of doing whatever may be necessary in, under and upon said locations for the
carrying out of any of the purposes for which said easements, reservations and rights-
of-way are reserved or may hereafter be reserved.
ARTICLE VIII '
SIGNS
No signs or other advertising device of any character shall be erected, posted,
pasted, displayed or permitted upon or about any part of said property, except one sign
of not more than five (5) square feet in area advertising the property for sale or rent,
and signs used by a builder to advertise the property during construdion and sales
period; provided, however, that any such builder's signs shall be subject to approval by
the Architectural and Landscape Review Committee; provided however, that signs used
by Declarant to advertise the property during the construction or sales period are
hereby permitted.
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M. No nuisances shall be allowed upon the Subdivision property nor any use
or practice which is the source of annoyances to residences or which interfere with
the peaceful possession and proper use of the Subdivision by its residents. All parts of
the Subdivision shall be kept in a clean and sanitary condition and no rubbish, refuse
or garbage shall be all<;>wed to accumulate or any fire hazard allowed to exist.
N. No immoral, improper, offensive or unlawful use shall be made of the
Subdivision or any part thereof; and all laws, zoning ordinances and regulations of all
governmental bodies having jurisdiction thereof shall be observed.
O. Reasonable Rules and Regulations concerning the use of the Subdivision
properties may be made and amended from time to time by the Board of Directors of
the Association. Copies of such Rules and Regulations and amendments shall be
furnished by the Association to all owners and residents of the Subdivision upon request.
ARTICLE V
APPROVAL OF PLANS
AND LOCATION OF STRUCTURES AND LANDSCAPE
A. No building, outbuilding, garage, fence, wall, retaining wall, or other
structure of any kind shall be erected, constructed, placed or maintained on said real
property or any part thereof, nor shall any alteration, addition, changing, repairing,
remodeling or adding to the exterior thereof be made unless prior to the commencement
of any construction, excavation or other work, two complete sets of plans and
specifications therefore, including front, side and rear elevations and floor plans and
specifications for each floor and basement, and two plot plans indicating and fixing
the exact location of such structure or such altered structure on the lot with reference
to the street and side lines thereof as well as all landscaping improvements to be made
to the lot which have been first submitted in writing for approval and approved in
writing by the Architectural and Landscape Review Committee. The Architectural and
Landscape Review Committee shall have the authority to require plans and specifications
Which may exceed the maximum standards provided and required by the Building Code
by the County of Palm Beach, as revised or amended from time to time.
B. Approval of plans, specifications, location of buildings and landscaping by
the Architectural and Landscape Review Committee shall be endorsed on both sets of
said plans and specifications and plot plan and one set shall forthwith be returned by
the Architectural and Landscape Review Committee to the person submitting the same.
The Architectural and Landscape Review Committee may charge a reasonable fee for
review of plans and inspections.
_ _ _ C. ._Such_plans. and.. specifications_ shall. provide . for 8-. minimum-expenditure ef
$1,500.00 on each lot for landscaping exclusive of the cost of sod, to be placed upon
the lot to be improved. Each lot shall be fully sodded and/or landscaped and such
installation of landscaping and sodding shall be completed prior to occupation of the
structure by its occupants, and shall be in accordance with the plans and specifications
approved by the Architectural and Landscape Review Committee__
. . D. The approval. of thQ--ArchiMe~I--and-.Landscape-'RevreW-C6mlntttee~'--
any plans or specifications submitted for approval, as herein specified, shall not be
deemed to be a waiver of the Architectural and Landscape Committee of the right to
Object to any of the features or elements embodied in such plans or specifications if
and when the same features or elements are embodied in any subsequent plans and
specifications submitted for approval for use on other lots.
E. After such plans and specifications and other data submitted have been
approved by the Architectural and Landscape Review Committee, no building, outbuilding,
garage, fence, wall, retaining wall, or other structure of any kind shall be erected,
constructed, placed, or altered or maintained upon said property unless the same shall
be erected, constructed, or altered in conformity with the plans and specifications, and
plat plans theretofore approved by the Architectural and Landscape Review Committee
or its duly appointed agent, as provided in Article V. hereof. If any building, outbuilding,
garage, fence, wall, retaining wall, or other structure of any kind shall be erected,
constructed, placed, altered or maintained upon said property other than in accordance
with the plans and specifications and nlot plan approved by the Architectural and
Landscape !{eview Committee, then sucll erection, construction, placing, alteration and
maintenance shall be deemed to have been undertaken without the approval of the
Architectural and Landscape Review Committee ever having been obtained as required
by this Declaration.
DC-4
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T. "Street" means and refers to any street, highway, or other thoroughfare
shown on said Plat, or contiguous to the property designated on said Plat, whether
designated thereon as street, avenue, boulevard, drive, place, court, road, terrace, way,
circle, lane, walk, path or otherwise.
ARTICLE IV
USES PROHIBITED AND PERMITIED
A. Said property shall not be used, nor shall any portion thereof be used for
any purpose other than residence purposes.
B. No outbuilding, garage, shed, tent, or temporary building of. any kind shall
be erected, constructed, permitted or maintained on any lot, and no outbuilding, garage,
shed, tent, trailer, temporary building or recreational vehicle shall be used for permanent
or temporary residential purposes, provided, however, that this paragraph shall not be
deemed or construed to prevent the use of a temporary construction shed during the
period of actual construction of any structure on said property nor the use of adequate
sanitary toilet facilities for workmen which shall be provided during such construction.
C. No business of any kind whatsover shall be erected, maintained, operated,
carried on, permitted or conducted on said property, or any part thereof, and without
limiting the generality of the foregoing, no store, market, shop, mercantile establishment,
crematory, cemetary, radio tower, auto camp, trailer camp or haven, hospital, public
baths, school, kindergarten, nursery school, sanitarium, asylum, or institution and no
noxious, dangerous or offensive thing, activity or nuisance shall be erected, maintained,
operated, carried on, permitted or conducted on said property, or any part thereof, nor
shall anything be done thereon which may be, or become an annoyance or nuisance to
the subdivision.
D. No animals, birds or fowl, including but not limited to hogs, cattle, cows,
goats, sheep, rabbits, hares, horses, ponies, donkeys, burros, dogs, cats, pigeons,
pheasants, game birds, game fowl, or poultry (except as hereinafter permitted) shall
be kept or maintained on any part of said property.
E. Dogs, cats, and pet birds may be kept on any lot in reasonable numbers
as pets for the pleasure and use of the occupants of said lot, but not for any commercial
use or purpose. When outdoors, dogs and cats must be leashed or in fenced-in areas. In
no event shall any roosters, guinea hens, pigeons or other noisy fowl be kept for any
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F. No trailers, campers, boats, trucks, or commercial vehicles shall be kept
or stored on any lot.....excepLwithin..an. enclosed. gar.age-.-<<adequately- screened-from
view from the street and behind the front building setback lines for more than 24
hours, nor may any of them be used for either temporary or permanent residential
purposes. The overnight parking of vehicles of any kind upon the common areas is
prohibited. The parking and storage of automobiles except upon paved driveway or
specifically designated parking areas is prohibited.
- G. No lot shall be allowed to grOW-:up--1Il an unsightly-eoncmfOn-or~shalllMy--
lot be used as a jun\<vard or for storage of inoperative vehicles.
H. No individual water supply system shall be permitted on any lot except
solely for irrigation purposes or other non-domestic use.
I.
containers
Florida.
No garbage receptacles or containers shall be permitted on any lot except
meeting the sanitary requirements, if any, of the County of Palm Beach,
J. No public utility services shall be transported from the lot line or any
public utility easement to a dwelling or other structure except through underground
pipes, conduits or other underground connection.
K. The Association property shall be used only for the purposes for which
they are intended in the furnishing of services and facilities for the use and enjoyment
of the lot owners, their invi tees and guests.
L. No exterior radio, television or electronic antenna or aerial shall be erected
or maintained on any of the property without the prior written consent oC the
Architectural and Landscape Review Committee.
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B. "Articles of Incorporation" shall mean the Articles of Incorporation of
Stonehaven Homeowners Association, Inc.
C. "Assessment" shall mean a share of the funds required and which are to
be assessed against a lot owner and dwelling for the payment of the costs incurred by
the Association for and. including, but not limited to, the operation, maintenance, and
protection of the common areas, recreational facilities, easements for ingress and egress
and other areas subject to and under the control and administration of the Association.
D. "Association" shall mean and refer to Stonehaven Homeowners Association,
Inc., a Florida corporation not-for-profit, its successors and assigns.
E. "Association Propertyy" shall mean and refer to that portion of the property
described in Article I hereof that is dedicated to Stonehaven Homeowners Association,
Inc. herein referred to as the "Corporation" or the "Association".
F. "Board" shall mean the Board of Directors of the Association.
G. "Bylaws" shall mean the Bylaws of Stonehaven Homeowners Association,
Inc., established for the government of the Association, as said Bylaws may exist from
time to time.
H. "Common Area" shall mean all that certain real property owned by the
Association and held for the benefit, use, and enjoyment of the members of the
Association, including the water management tracts and the recreation areas as those
terms are used on the Plat of Stonehav"n, P.U.D.
1. "Common Expenses" shall mean the expenses for which each lot owner is
liable which shall include but not be limited to the following: expenses of administration
and management of the common areas and recreational facilities, expenses of
maintenance, operation, repair or replacement of the Association property, not otherwise
covered by insurance; expenses declared as common expenses by the provisions of this
Declaration or by the Bylaws; any valid charge against the Association, common areas
or recreational facilities; any expenses of, charges to, or assessments by the Association
as provided for in this Declaration, the Articles of Incorporation or the Bylaws.
J. "Com mon Surplus" shall mean the excess of all receipts of the Association,
including but not limited to, assessments, profits and revenues on account of the common
areas and recreational facilities, over the amount of the common expenses.
K. "Declarant" or "Developer" shall mean and refer to Stonehaven Development
Corporation, its successors and assigns.
L. "Declaration" shall mean the Declaration of Covenants and Restrictions
of Stonehaven, P.V.D. and include the same as it may be from time to time amended.
iVI. "Dwelling House" or "Building" shall be deemed and construed to include
both the main portion of said structure and all projections therefrom, such as bay or
bow windows, exterior chimneys, covered porches, or portic<>.es,_ and t}),,- like, lnc1uc:iing
any garages incorporated in or forming a part thereof, but shall not include. _t~o--c
unsupported eaves of such structure. ' ,
N. "Lot" shall mean a lot as shown and described on
P.U.D., according to the Plat thereof recorded in Plat Book
of the Public Records of Palm Beach County, Florida.
the Plat of Stonehaven,
at Page
O. "Owner" shall mean the holder or holders of the fee title to any Lot as
herein defined.
P. "Member" shall mean and refer to every person or entity who holds
membership in the Association.
Q.
"Person" shall mean a person, firm, association, corporation, or other entity.
R.
subdivision
Plat Book
"Plat" or "SUbdivision" shall mean all of the lands comprising that
known as Stonehaven, P.U.D., according to the Plat thereof as recorded in
at Page of the Public Records of Palm Beach County, Florida.
S. "Setback" means and refers to the distance between dwelling houses or
other structures ref erred to and the street or side or rear lines of the particular lot.
DC-2
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PURCHASE AND SALE AGREEMENT
This Agreement made and entered into this 2nd day of
February , 1983, by and between MODE, INC., a Florida
corporation, hereinafter refered to as "Seller", their heirs, personal
representatives and assigns, and STONEHAVEN DEVELOPMENT CORPORATION,
a Florida corporation, or Nominee, hereinafter referred to as
"Purchaser", its successors and assigns:
For and in consideration of the sum of TEN M.D NO/lOa ($lO.OO)
DOLLARS and other covenants and considerations hereinafter set forth,
the Seller does hereby agree to sell and the Purchaser does hereby
agree to purchase the following described parcel of land lying and
being in Boynton Beach, Florida, more particularly described on
Exhibit "A" attached hereto and made a part hereof, wh:Lch consists
of approximtely 86.88 acres, hereinafter referred to the "Property."
1. PURCHASE PRICE. The purchase price to be paid for the
subject Property shall be paid as follows:
A. TEN THOUSAND ($lO,OOO.OOl DOLLARS upon execution of
this Agreement by Purchaser, which sum shall constitute an earnest
money deposit and shall be held in escrow by Christopher Cook,
Esquire, as Escrow Agent. Said Escrow Agent is hereby authorized to
invest the deposit monies in a Money Market account at Fidelty
Federal Savings & Loan Association of West Palm Beach, Florida, or
similar interest bearing account as directed by Seller in writing with
a copy to Purchaser. All interest shall accrue to the benefit of
the party entitled to the deposit as set forth herein. At closing,
such interest shall be paid to Seller and the deposit refunded to
Purchaser: and
B. $2.4 million dol~ars, all cash due at closing: or
C. $2.5 million dollars, paid as fOllO~~$625,OOO at closing
in cash, cashier's or certified check, and $l,8757TI0 secured by a
purchase money mortgage and note which provides:
1. Unpaid principal to accrue interest at the rate of
CitiBank Prime Rate as determined on the 1st day of each month
plus 1% commencing on the dat" of closing. .
2. Principal and interest payable monthly, amortized
over two years:--.--....--.-.. n_. .---. __.__u_._____._~__n.__________
3. All unpaid principal and interest shall be due
and payable in two (2) years from the date of closing.
4. No pre-payment restrictions...gr "penal ties;
5. Said mortgage"r6 be [lssumabl."e"by a;:;'y -entity~'-~ ~
affiliated with Purchaser, a Savings & Loan Association or its service
corporation, or any entity financially suitable in the opinion of
Purchaser and Seller, and said entity agrees in writing to be bound by
all the terms and covenants of said mortgage:
6. No due-on-sale clause, provided the mortgage is
assumed in accordance with the terms set forth in Article I .C.5.
immediately above.
7. So long as the mortgage is not in default, partial
releases from the purchase money mortgage shall be provided by Seller.
All parcels released will be free of all mortgage encumbrances and
liens other than taxes in the year of closing and subsequent years,
zoning and easements and restrictions and reservations of record.
For each release, Purchaser shall, at its sole expense, provide to
Seller a legal description of the Property to be released, in recordable
form prepared by a professional engineer or land surveyor.
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8. Seller shall subordinate the lien of said mortgage
to any acquisition, development and constluction financing, and agrees to
sign the plat and any condominium documents of the Property if and when
platted or submitted to condominium. Seller shall have fourteen (l4) day'
to review and approve Purchaser's construction budget, the terms
of the construction loan and the plat as to reasonableness, which
approval shall not be unreasonably withheld or delayed. If Seller
has not approved such matters or provided the conditions for such
approval within said l4 days, such matters shall be deemed approved
by Seller for the purpose of this Agreement.
C. The purchase price includes the following:
1. All engineering plans, surveys and soil tests done
to date including the revised master site plan, boundary survey and
topographic surveys. Seller, however, makes no warran~ies regarding
the accuracy of such plans, surveys, or tests.
2. The $4,000 contribution paid by Seller to upgrade
the lift station to service the station.
II. TITLE EXAMINATION. Within thirty (30) days from the date of
this Agreement, the Seller shall, at his expense, deliver to the
Purchaser or its attorney, a commitment for Title Insurance, issued
by a company approved by the Purchaser, agreeing to issue to the
Purchaser, upon the recording of the Deed involved herein, a Title
Insurance Policy insuring the title of the Purchaser to said Property
in the amount of the purchase price. Said Title Insurance policy shall
be subject to only those liens and encumbrances as described on
Exhibit "B" attached hereto and made a part hereof. The final Title
Insurance policy will exclude any exception as to mechanic's liens,
matters that might be determined by an accurate survey, and rights
of parties in possession. Purchaser shall have ten (lO) days from
the date of receipt of the Title Commitment to examine same. In the
event the Purchaser finds defects rendering title unmarketable,
uninsurable, or which impair Purchaser's ability to develop the Property
as it intends, the Purchaser shall notify the Seller within the afore-
said period of time and Seller shall have ninety (90) days from said
notification of objection within which to cause same to be corrected.
In the event Seller is unable to correct said defect within said
period, the Purchaser shall have the option of terminating this Agree-
ment and receivinq the escrow c1cposit plus interest, or electing to
proceed with the transaction by accepting the title in its then
existing condition with no diminuation of the purchase price. Failure
by the Purchaser to give notice of title objection within the period
stated herein will be deemed a waiver unless copies of items referred
to in the title binder have not been furnished to Purchaser, in which
event the ten (lO) day period shall not begin to run until all these
items are received by Purchaser.
III. SURVEY. Seller has provided to Pur~chaser..~ copy. of" c a survey~ c. _
of the Property prepared by Robert E. Owen &-Associates dated ~~~~y.l7~.
1981. Seller agrees, at its expense, to have the survey updated and
certified to Purchaser. Purchaser shall examine said survey, and if
survey shows an encroachment or any matter which would impair Purchaser
being able to develop the Property in accordance with Purchaser's
site plan, it shall be treated as a title defect and Purchaser shall
give written notice of the defect within sixty (60) days from the
date of provision of the updated survey. If an accurate survey of the
Property reveals that the Property is less than 86.88 gross acres or
85,078 net acres, Purchaser shall have the option of terminating this
Agreement and receiving a refund of the deposit plus interest or
electing to proceed with the transaction with no diminuation of the
purchase price.
IV. CONT1F.MN^,l'ION. If ilny portion of the Property is condemned
ul Ill\dUI l'UJidt'llIll,tl lllll put Hl1ctl1L lu n 11(11 lL'tJ ()r t c1J\ llllJ by c111J1I1JI" Il1lt:1
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authorities prior to the time of closinq, the Purchaser shall have
the option of obtaining a refund of all monies deposited hereunder
plus interest and terminating this Agreement, or takinq the
condemnation order or the expectancy thereof in its entirety without
adjustment to the purchase price. If Purchaser shall elect the-option
of terminating this Agreement, then such notice of termination shall
be made within fifteen (l5) days of the Purchaser receiving a copy
of the notice of taking. Seller agrees not to enter into any settle-
ment of any condemnation proceedings or eminent domain award without
the prior written consent of Purchaser.
V. CONDITIONS PRECEDENT TO CLOSING. The following are express
conditions precedent to the Purchaser and Seller completing performance
of this Agreement:
A. Zoning. Seller represents that the Property is zoned
R-2. Purchaser shall forthwith apply for written approval of a rezoning
of the PrQperty from duplexes to allow for development of the Property
in accordance with the revised site plan attached hereto and made a part
hereof as Exhibit "Co. Purchaser shall, within six
(6) months from the date of submission of the application for rezoning
and special exception, obtain approval of such rezoning and special
exception of the Property from R-2 to P.U.D. in accordance with
Purchaser's master site plan, or it may be considered by Purchaser
that this condition precedent has not been satisfied.
B. Development Approvals. Purchaser shall promptly and
diligently proceed to apply for all written governmental approvals
including but not limited to master site plan and other approvals
necessary to obtain a building permit, which applications Seller
shall have the right to approve, upon request, and which approval
shall not be unreasonably withheld. Within six (6) months from the
date of submission of the rezoning application, Purchaser shall obtain
approval from all applicable governmental agencies of the Purchaser's
master site plan and development plans and other items necessary to
allow the development of the Property in accordance with Purchaser's
master site plan. In the event that the govermental agencies deny
such approvals or impose other than usual or customary land use
restrictions which are unacceptable to the Purchaser at the time of any
approvals, it may be considered by Purchaser for the purpose of this
Agreement that the Purchaser's master site plan and development plans
were disapproved.
C. Soil and Topographic Tests.
1. Seller has provided to Purchaser copies of soil
boring results performed by Goldcoast Engineering & Testing Company,
Inc. Said results reflect the existence of a substantial amount of
muck on the Property.
2. It-shall be Euichaser's oblig~ti9n~to:dQ a~l-!Q~
earthwork necessary to make the r>'roperty -suitabre for development
as set forth in the attached plan site.
3. All earthwork shall be under the supervision of both
Seller and Purchaser, provided there is a purchase money mortgage.
4. The provisions of this paragraph shall survive
the closing.
D. On-Site Water/Sewer. Within six (6) months from the date
of submission of the rezoning application, Purchaser shall enter into a
contract with the appropriate utilities authorities and obtain approval
from the health department, for the furnishing of 456 residential water
and sewer connections at rates acceptable to Purchaser.
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E. Off-Site Water/Sewer Lines. Within six (6) months from
the date of this Agreement, Purchaser shall obtain all written approvals
for installation and hOOk-up of the necessary off-site water and sewer
transmission lines from the Property as Purchaser intends to develop
it to the existing water and sewer mains nearest the Property that
service the Property. All off-site water and sewer costs shall be
paid by Purchaser over and above the purchase price.
F. Extensions of Time. In the event Purchaser or Seller is
unable for whatever reason to obtain the above-mentioned approvals within
the time limit expressed for each approval, the Purchaser shall have
the option of extending the period for Obtaining the approvals until
December 1, 1983, or terminating this Agreement and obtaining a
complete refund 'of all monies held in escrow plus interest and both
parties shall be relieved of all rights and obligations under this
Agreement. Seller shall cooperate in the attempt to satisfactorily
accomplish all conditions precedent to this Agreement. Further exten-
sions may.be granted if agreed to by the parties in writing.
Failure to Satisfy Condition Precedent. In the event
either of the parties is unable to satisfy any condition precedent
by the times set forth herein as same may be extended, Purchaser shall
have the right to cancel this Agreement and all deposit monies plus
interest shall be returned to Purchaser and both parties relieved
of all rights and obligations hereunder.
H. Access to Property. Purchaser shall have the right to
enter upon the Property at any time for the purpose of doing earthwork
and demucking, making any surveys, measurements, examinations and tests
as Purchaser deems necessary. Purchaser agrees to keep the Property
free of any mechanic's liens.
VI. PRORATION OF TAXES: SPECIAL ASSESSMENTS. Tax proration shall
be as of the date of closing. Taxes shall be prorated based upon the
taxes for the year of closing without regard to discount. If at the
time the closing takes place, the current year's taxes are not fixed
and the current year's assessment is available, taxes will be prorated
based upon such assessment and the prior year's millage. If the current
year's assessment is not available, then taxes will be prorated on the
prior year's tax, provided, however, that notwithstanding the figures
used for the proration of taxes at the time of closing, the parties agree
that a re-proration will be made upon the issuance of the actual tax
statement (November discount amount) for the taxable year. In the
event that certified,confirmed or ratified special assessments are
payable in installments, then the installment payments are to be prorated
as of the date of closing. The agreement of this paragraph shall
survive the closing of the transaction.
VII. EXPENSES. State documentary stamps which are required to be
affixed to the deed, the cost of recording the purchase money mortgage,
and title insurance, shall be paid by the Selle~. _ Do~umentar~_stampsand _
intangible tax on the purchase money mortgage and thecost~f r~~Lding---
the deed shall be paid by the Purchaser. -
VIII. DOCUMENTS. At time of Closing, Seller shall furnish to
Purchaser a statutory warranty deed and mechanic's lien affidavit that
there are no liens on the subject Property and that no on is in
possession of the Property. Purchaser's attorney may prepare the
purchase money note and mortgage.
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IX. RESERVATIONS, RESTRICTIONS, EASEMENTS ENCUMBRANCES. The
Property is to be conveyed from Seller to Purchaser subject to no
reservations, restrictions, easements, or encumbrances except those
which do not render title unmarketable in the opinion of attorneys
for both Seller and Purchaser provided nothing shall impair
Purchaser's right to develop the Property as set forth herein. Seller
shall be responsible for the expense of removal of any such unmarketable
reservation, restriction, easement and encumbrance. Any mortgage
encumbrances or,liens shall be discharged by Seller at the time of
closing, except for the purchase money mortgage as set forth herein.
X. CLOSING. Closing on the entire property shall take place
on or before December 31, 1983.
XI. NOTICES. All notices by either party to the other shall
be in writing and shall be addressed to the Seller as follows:
Mode, Inc., Attn: Randy Crete, Vice President, l408 N. Westshore
Boulevard, Suite 906, Tampa, Florida 33607, and to the Purchaser
as follows: The Satter Companies, Inc., 2330 South Congress Avenue,
Suite 2-A, West Palm Beach, Florida 33406, Attention Sherry
Lefkowitz Hyman.
XII. BROKER. The parties represent and warrant that no other
real estate commissions are due or payable and that no other real
estate broker has been involved in this transaction other than Mode
Realty, Inc. and Land Unlimited Realty, whose commissions Seller
agrees to payout. Each
party indemnifies and saves the other party harmless against any
loss or expense that the other party may incur by reason of a claim
against them for any other real estate commission related to the
sale of this Property which claim arises through any action of the
other party. The covenants of this paragraph shall survive the closing
of this transaction.
XIII. PURCHASER'S DEFAULT. If the Purchaser fails to perform
any of the covenants of this Agreement, the deposit monies plus
interest on the deposit monies shall be paid over by the Escrow Agent
to the Seller as liquidated damages and in full settlement of any
legal or equitable claim against the Purchaser by the Seller, and
copies of all surveys, site plans, engineering plans and other data
shall be delivered to Seller.
XIV. SELLER'S DEFAULT. If the Seller fails to perform any
of the covenants of this Agreement, the deposit monies plus all
_interest shalU5'_-.f_eturned_to_the P~r:c:ha_:?eruponttJe__~I:it:teTl demand
by the Purchaser, or in the alternative, the Purchaser shall have the
right of specific performance.
XV. ATTORNEYS' FEES. This Agreement shall be interpreted
under the laws of the State of Florida. In the event litigation
arising hereunder, the prevailing party shall be_sntitled to reasonable
- attorneys I fees and -costs_.: __ ____ _ -c ~ ~-.__.---::-: --- ~.~. --~~
XVI. ORAL REPRESENTATIONS. This Agreement represents the
entire Agreement between the parties herewith. Any modifications,
changes or alterations to this Agreement shall be in writing and
signed by the parties.
XVII. SURVIVAL AFTER CLOSING. All terms, conditions, responsi-
bilities, duties, promises and obligations of both parties that
require the involvement of either party after the closing as provided
for in this Agreement shall survive the closing and be binding upon
the parties, their heirs, representatives, successors and assigns.
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XVIII. ASSIGNMENT. Purchaser shall have the right to assign
this Agreement to any entity affiliated with Purchaser or a Federal
Savings & Loan Association or Service Corporation or other entity
financially suitable in the opinion of Purchaser and Seller and said
entity agrees in writing to be bound by all the terms and provisions
herein. The obligations, however, as well as the rights and
privileges shall transfer with the assignment to the assignee.
IN WITNESS WHEREOF, the parties have set their hands and
seals the day and year first above written.
Signed, sealed and delivered
in the presence of:
Seller:
fi4~",<d;"W
'/P'./'~.;& Z~//b~/
s to Sel'ler
MODE'~ 1 .
By: ~~
Vice President
Purchaser:
STONEHAVE~/If7~MENT CORP.
By: ~
Rob~rt A. Satter, President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The fore90i~ instrument was ackno~~~~ before me th~~
day of ~~~l9B3, by ~~~, Vice President of
Mode, Inc., a Florida co~oration on behalf of the corporation.
~/ //)0_,1__.1-
(SEAL) (~~~~u ~ ~~ ~
Notary Public
STATE OF FLORIDA
COUNTY OF PALM BEACH
My commission expires:
NOTARY PUBLIC, State 01 Florida
My commission Expires Dec.. ll. 1985
The f~going instrument was acknowledged before me this ~
day of ~~~, 1983, by Robert A. Satter, President of
Stonehaven Development orporation, a Florida Corporation, on behalf
of the Corporation. ,
lSEAL) (~~f?~ 0--- .r, ~- :;.I-J~.____ -~-
My commission expires ~OTARY PUBLIC, Slate of Florid
My Commission up'''. Doc. 17, 198:
Receipt is hereby acknowledged of the amount of TEN THOUSAND
($10,000.00) DOLLARS from Stonehaven Development Corporation, this
day of , 1983.
Prepared by:
Sherry Lefkowitz
Randy Crete
Gene Moore
Robert A. Satter
Patrick J. DiSalvo
Christopher Cook,
Hyman Dated:
Frederick Roth
Ned Marks
George A. Ray
Esq.
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,wmber 10428 02 00005 (Loan) 6' {"Ll"
~7<J".b, r'
CONTINUATION SHEET
SCHEOU~.E A-S.
PARCEl 3:
/
Tracts 2&, 27, 37. 38. 39 and Tract 40. LESS the West 25 feet thereof.
Tract 57. LESS the West 25 feet thereof, and Tracts 58. S9 ~nd &O~ LESS
the South 25 feet thereof for right-of-way for Lake Worth Orain~ge
District Canal l-25 as recorded in Official /lecord Dook 20&3, at'Page
141&. Public Records of Palm Beach County, Florida; that portion of Tracts
6 .and 7 lying South of the South Right-of-Way Line of State Road no. 5-801
as same is recorded in Road Plat Book No.2, at Pa~e 217 t!,ru 220, ?u~lic
R e cor d s 0 f P a I m 8 e a c h Co u n t y, F lor i d a; T r act s Ban d 2 5 L E 5 5 t:, ~ .,., \ : e r ~ v
250 feet (as measured along the South Line of said State ~~a~ S-3~:; cf"
the Northerly 700 feet (as measured along the Westerly line of saio 7racts
8 and 25) of that portion of said Tracts lying Southerly of t~~ 50ul~
Right-of-Way Line of State Road No. 5-804; and LESS the ~est 25.0 feet of
said portion of Tract 25; Tracts 66 thru 70 and the East 2&0 feet of Tract
71 LESS the North 60.0feet thereof for Right-of-l~ay of Lake i.lol.t.h Orainage
District Canal L-25. all said Tracts being a portion of Palm Deach Farms
Company Plat No. B, recorded In Plat Book 5, at Page 73, Public Records of
Palm Beach County, Florida.
Containing a gross acreage of 88.852 acres and a net of 82.627 acres.
Also described as follo\~s:
A parcel of land In Section 30. Township ~5 South, Range 43 East, Palm
Beach County, Florida, more particularly described a~ follows:
Commencing at the center of said Section 30 run thence Easterly along an
assumed bearing of North 890 49' DO" East along the East-West Quarter
.Section Line 40.00 feet;thence North 010 10' l.6:~East"2S.~.o~he
POINT OF BEGINrIlNG;-thiiriceconHriue Ilo~.thnOlo-ul0' 26" East along the East
'Rlght-of-Way of a road recorded in Official Record Boo~ 2075 at ?a~e 572,
.Public Records of Pab Beach County, Florida. a distance 0' 1556.H feet;
thence North 890 39' 11. East 225.00 feet; thence Nort~ 010 IJ' 25" East
'693.00 feet to . point In the Southerly RI9ht-or-~'1 Line cf State Koad
.lfo. $-804 IS ".e Is rpcorded In Ro.d Plat Book .IfQ.-2,!!._-;>a~es 217_lhr.u.
-220, -.nd orrlcl.1 ReeO-"d Book 2().11::r:P..~ lJJ8, "'u-blic:~cordr~CiTPal.. Beach
'County, rlorfd.; thence Horth 890 39' II" East along just said Right-of-
_lias 122.68 feet; thence South 010 01' 44" lIest 978.95 feet: thence North
89 42' 26" East 314.95 feet; thence South 000 59' 33" West 1283.41 feet
to a point in the No,.therly Right-of-Way line of Lake Worth Drainage
District Canal L-25 as said Right-of-Way Is recorded in Official Record
800k 2063, Page 1416, Public Records of Palm Beach County, Florida;
thence continue South 000 59' 33" West 85.06 fest to the Southerly Right-
of-Way line of said Canal l-25; thence North 89 49' DO" East along said
Southerly Right-of-Way line 1280.08 feet; thence South 000 46' DO" West
595.11 feet; thence South 890 51' 35" West 2205.28 feet; thence North 010
04' 28" East 593.51 feet to a point in the said Southerly Right-of-W~y
line of Canal L-25; thence continue North 010 04' 28" East 85.04 feet to
the Northerly /light-of-Way; thence South 8g0 49' 00" West 347.16 feet to
the POINT OF BEGINNING, less the Right-of-Way for Lake Worth Drainage
District Canal L-Z5.
Containing a gross acreage of 88.852 acres and a net of 82.627 acres.