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LEGAL APPROVAL ,I CITY of BOYNTON BEACH 120N.E. 2nd AVENUE P.O. BOX 310 BOYNTON f>EACH, FLORIOA~10 (305) 7J.4-81 1 1 August 17, 1983 ".. Mr. D. M. Ambrose, P.E. 6190 North Federal Highway Boca Raton, FL 33431 Dear Mr. Ambrose: ~ Please be advised that on Tuesday, August 16, 1983, the City Council approved the Preliminary Plat of the Lakes of Tara Planned Unit Development subject to the staff comments. whi c h accompany thi s 1 etter" Addi ti ona 11 y, the Planning and Zoning Board recommended and the City Council included in this approval the bonding of the proposed traffic signal at the intersection of S.W. Congress Boulevard extended and Congress Avenue and a land value of $40~000 per acre for Recreation and Parks Dedication purposes. If you have< any questions concerning this matter, please feel free to contact me at your convenience. Sincerely, C~- j~ c~__~"- Carmen S. Annunziato Ci ty Pl anner .. v ~ :blm cc: City Manager Building Official w/encl. City Engineer w/encl. TRB Members Central File w/encl. y~ r I i I A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ~ iRELEASING THE CASH BOND FOR L FOR LAK~ OF TARA, P.U.D. ! WHEREAs~a cash bond in the amount of $6,500.00 for i landscaping improvements WaS posted by Tara Developm~nt I Corporation in connection with completing the RESOLUTION NO. 90--V:O"DDDD1) landscaping f the project. WHEREAS .all work in connection with the landsca~ing improvements has been satisfactorily completed. NOW, THEREFORE, BE IT RESOLVED EY THE CITY COMMISSION I OF THE CITY pF BOYNTON BEACH, FLORIDA: I I Th3t the balance of the cash bond posted for I I landscaping ~mprovements in the amount of S6,500.00 be i i returned to Tara Development corp6ration. ! ' I PASSED AND A~OPTED THIS ~___ DAY OF c1?~~~~~ 1990. I ~/ CITY/OF BC;lNTOH BEACH, FLORIDA / // ..4~ /////'f/~~ (- ( I <"By: ;/// ;// -=-~ {j~ L~ (~ ~(~l9 Commiss~on Hember 1 L COffi,ission Member Ihcl~ ;J~ Commission Hernber ATTEST: *6'A'/1U_<:J;r ~~~... Ci Cler}: (Corp Seal) ~!!J 1,'- . .. l'~~ ~ < :::::~n ~; .". ",< , < t' ,l ~~ .... .. ~ pr~ , , I .._~.l i~ January 16, 1991 - "'! TO: ALL TRB MEMBERS ;.. January 7, 1990 FROM: Vincent A. Finizio Admin. Coord. of Engr. Mr. Vincient A Finizio Cit~ of Boynton Beach Eng1neering Dept. P.O. Box 310 Boynton Beach, FL 33425 Please respond to this office in writing, thereby verifying whethE or not you feel the bond should be released. J..-~ b~ Re: Lakes of Tara, PUD -:- cc: J. Scott Miller, City Managel Please respond ~y January 2S,<_19! As per your instructions, I am requesting a full release of all outstanding bonds from the Cit~ of Boynton Beach for Phase II at the Lakes of Tara proJect. Dear Mr. Finizio: 1! Kindly proceed with all that is necessary for us to get a refund of the bond. Thank you for your consideration. Best regards, ;1U/~ Robert S. Better . RECEIVED JAN 17 l' PLANNLNG DEPT~ , - ~1 11& Tel'll belles Drive "Jest I Be~"de.. Beec.h. flerlds 33'36 / ('497) 13& 81tU ~()J3~ ,q'1l./ H":l111'~'fl)C_ ~:1!'1<~~ -I'/'it.! l.,os-Q)./>-56S'; MEMORANDUM January 19, 1989 TO: Mr. Grady Swann Finance Director FROM: Tom Clark City Engineer RE: Escrow Account for Traffic Signal at Congress Blvd. & Congress Ave. Forwarded herewith is a check for $18,398.50 for the subject escrow account, along with the letter of transmittal dated Januar Richard L. Shaw, (for Coral Gables Federal Savings and Loa , Plat of Tara . A $10,000 commitment to complete the escrow account is expecte days from the developer of The Landings (Clipper Cove). n a few The County will authorize the traffic signal to be constructed by the County Signal Contractor when the escrow account in the amount of $28,398.50 is in place. C-~ ' t:l2e Tom Clark TAC/ck attachments cc: Peter Cheney, City Manager Carmen Annunziato, Director of Planning RECEPlED J~jJ ~~ 1939 PLANNING DSPT. 7(D . ~ .. ~vjr ~ CITY of BOYNTON BEACH I . -'-... ..-, @<---Mailing:postOfficeBoX310 .~~ . Boynton Beach FL 33425-0310 . .r.'. _ "Telephone:(407) 738-7487 .~ 200 North Seatrest Boulevard ~ . .. Boynton Beach FL 33435 < OFFICE OF CITY ENGINEER November 30, 1988 ~ Miss Lorna Staab Bateman Gordon & Sands, Inc., Insurance 12 N.E. 24th Avenue Pompano Beach, Fl 33060 Re: Traffic Signal at Congress Blvd. and Congress Ave., Boynton Beach,:Fl Dear Miss Staab: . .' Forwarded herewith is a copy of my letter of October 14, 1988 addressed to Mr. Michael F. Matchus of Coral Gables Federal Savings & Loan Association, which includes the letter'of September 15,1988 from Charles Cantrell, concerning the subject traffic signal. ~ A copy of a letter received from Mr. Shaw of Padgett, Shaw & Lanier is also included herewith. It is my understanding that the $30,000 bond, specifically for the subJect traffic signal, provides surety for its installation. A commitment of $10,000 has been made by the developer of The Landings (Clipper Cove). Predicated on the above referenced letter from Charles Cantrell, I am requesting that you advise the writer and/or Mr. Cantrell that funds will be made available as an obligation against the bond in the amount of $18,398.50, which is the difference between the cost of the traffic signal and the commitment of $10,000 from the developer of The Landings. Contributions from a third developer, if property is developed, would also be deductible from the above amount. Please advise if you have any questions concerning the above. Very truly yours, RECEIVED DEe 1 1988 PLt,".'~'WI~ 1")r.:?T. Thomas A. Clark, P.E. City Engineer TAC/ck attachments " '. ;\. ~!, .: "i ~< J~ ": '.' 8 con't..... Co "'< , ~ To: Miss Lorna Staab November 30, 1988 Re: Traffic Signal, Congress Blvd. & Congress Ave. Page 112 ", cc: Mr. Mr. Mr. ;.. ,Mr. ~ t Michael Matchus, Coral Cables Federal Savings & Loan Richard Shaw, Padgett, Shaw & Lanier Charles Cantrell, County Signal Engineer, P.B.C. Carmen 'Annunziato, City Planner !ff7 CITY of BOYNTON BEACH ~. /",jd-' i -l.</~~JJ -;. ~ @.~.:< . .~ 120 N.E. 2nd AVENUE P.O. BOX310 BOYNTON BEACH. FLORIDA 33435-0310 (305) 734.al11 - OFFICE OF THE CITY ENGINEER ... . October 14, 1988, ;. .... Addressees: Mr. Michael F. Matchus Mr. J.D. 'Driskell Mr. Dan Shalloway Re: Escrow Account for Traffic Signal at Congress Avenue and Congress Blvd. Gentlemen: <. Forwarded herewith is a copy of a letter"received from the Traffic Division of Palm Beach County. Said letter includes a line item cost schedule for the subj ect traffic signal ,for' the total amount of $28,398.50. ~ ~ As requested in the above referenced letter, I am asking that an escrow account be set up as soon as possible so that the County can authorize the signal installation. Participation in the escrow account would include the three P.U.D.'s; The Landing's, Lakes of Tara and Tara Oaks. Prior meetings concerning extent of participation of the three parties have been held. I would like to hear from all ,addressees as soon as possible so the requested escrow account can be established. If there are questions remaining concerning the split for parti- cipation, please advise so this can be resolved with additional meetings, if necessary. Please advise if additional information is desired. " Very truly yours, .. CI~Y J! BOYNTON~A~/./ ~~~ ?L?f!'~L-n. Thomas A. Clark, P.E. City Engineer TAC/ck attachment ;<y con' to . . . . To: Mr. Michael F. Matchus Mr. J.D. Driskell Mr. Dan Shalloway October 14, 1988 Re: Escrow Account for Traffic Signal Page #2 cc: Charles Cantrell, P.B.C. Signal Engineer Miss Lorna Staab, Bateman Gordon & Sands, Inc., Insurance Peter Cheney, City Manager Carmen Annunziato, City Planner . . ~ r~ ATTORNE:YS AT LAW INMAN PADGETT , . PADGETT, SHAW &. LANIER RICHARD L. SHAW .JAMES A< LANIER. II MARK.J< SANNER EDWARD A. ARCHER MATTHEWS TAYLOR CHARLES M .JONES RICHARD L. SHAW. II 2S11 PONCE DE LEON BOULEVARD CORAL GABLES. f'LORIDA 33134 TELEPHONE 444'7ell AETIRED November 22, 1988 ~ Mr. Thomas A. Clark City of Boynton Beach POBox 310 Boynton Beach, FL 33435-0310 RE: Traffic Signal at Congress Avenue and Congress Boulevard Dear Mr. Clark: Our client, Coral Gables Federal Savings & Loan Association has requested that we respond to your letter of October 14, 1988. As we advised you in our letters of August 17, and September 6, 1988 (copies of which are attached), Coral Gables Federal's liability was limited to the value of the uncompleted paving and manhole adjustments pursuant to municipal ordinance number 85-JJJ. We are advised that the paving and manhole adjustments have been completed and no further obligation exists. Sincerely, ::DGI2:~p IA~ . RICHARD L. SHAW RLS/tlr Enclosure fYI'D Board of County €ommissioncrs Carol A. Roberts, Chair Carol J. Elmquist, Vice Chairman Karen T. Marcus Dorothy Wilken. Jim Watt County Administrator Jan Winters September 15, 1988 Department of Engineering and Public \Vorks II. I;. Kahlert County Engineer .. Thomas A. Clark, P.E. City Engineer City of Boynton Beach 120 Northeast 2nd Avenue Boynton Beach, FL 33435 # . SUBJECT: S.W. CONGRESS BOULEVARD AND CONGRESS AVENUE Dear Mr. Clark: . The Traffic Division has received our copy of the correspondence, regarding the subject intersection you sent to Mr. Michael F. Matchus of Coral Gables Federal. In his letter, you requested the total cost of installation of the traffic signal at the subject intersection. Please find attached a copy of Contract No. 87- 16, which list the equipment needed and a total cost for the proposed traffic signal i~stallation. We are request i ng that your offi ce inform each of the three Developments of thei r fair share cost for the traffic signal. In addition, we are requesting that the Landi ng Apartments, Lakes of Tara, and Tara Oakes establ ish a joi nt escrow account in the amount of $28,398.50, to be released directly to our signal contractor upon completion of the installation. As soon <as the County has been notified that the escrow account exists, the signal installation contract will be released with a 90 day completion schedule. Thank you for your cooperation in this matter of mutual interest. If you have any questions, please contact me. Sincerely, t OFFICE OF THE COUNTY ENGINEER &~)f{C-:Z:;P Charles L. Cantrell Signal Engineer -Traffic Division ~J. CLC:GLH:jr ~ Cl1%D OCr J 0 Pu,/V J988 IVIIVG D 'l;PJ: . cc::'Mr. Carmen Annunziato, City Planner w/enc.. . Mr. Peter Cheney, City Manager w/enc. File: Intersection "S.W. Congress Blvd. & Congress Ave." clc\clark.con .. An Equal Opportunity - Affirmative Action Employer" BOX 2429 WI:ST PALM llEACH, I;LORIDA 33402-2429 (407) 684-4000 /B' II I S.W. CONGRESS BOULEVARD AND CONGRESS AVENUE CONTRACT NO. 87-16A ITEM NO. QTY ~ DEliCRl P..T.I.O.N F.I_ORJ. ....ERICE_. ...B.llBT_Q.TAL_ Total: 28,398.50 '.. Page 2 )9::/ / 'J , .. ~ CITY of BOYNTON BEACH ~ 120 N.E. 2nd AVENUE P.O. BOX 310 BOYNTON BEACH, FLORIDA 33'35-0310 (305) 734-8111 OFFICE OF THE CITY ENGINEER August 24, 1988 ... Mr. Michael F. ~atchus Assistant Vice President Coral Gables Federal 9910 S.W. 14th Street Boca Raton, F1 33428 Re: Escrow Account for TrafIic Signal at/Congress Avenue and ;' Congress Blvd. Dear Mr. Matchus: The County Traffic Engineering Division is presently attempting to determine the exact cost of the subject traffic signal which would identify the total amount of the e~crow account. ~ As per our recent meeting with Charles Cantrell of the County: Traffic Engineer's office and other developers, an escrow account, is necessary prior to the County Traffic Signal Contractors pro- ceeding with the installation. This commitment for participation in the signal cost is docume~t~o in my files before and after the plat for Lakes of Tara,was approved. A copy of your letter of May 12, 1987 and the Insurance Company's letter of May 5, 1987 is included here. ; I would 'appreciate it if you would respond to this letter with the commitment to participate in an escrow account as determined by the County Traffic Engineer as soon as possible. , ' Please advise if you have any questions concerning the above. Very truly yours, ....:- ~ BOYNTON BEAC~ 0 V ~.<~~ Thomas A. Clark, P.E. City Engineer RECEIVED TAC/ck attachments ~ cc: Charles' Cantrell, County Traffic Engineering Dept. : Peter Cheney I . Ci ty r.1anager w/enc. IJ Carmen AnnunzJ.C3;to, City Planner w/enc. 6 Jf AUG 25 1988 PLANNING DEPT. .......--n- - . < , .. .< ~ ?:~t ~:la~~I=:c:~~~ SANDALFOOT COVE OFFICE 991 QlS.w. 14th Street Boca Raton. Florida 33428 Telephone 482..8245 I Thomas A. Clark, ~.E. City Engineer 120 N.E. 2nd Avenue Boynton Beach, FL 33435-0310 }V(\ ~, / \ IV CV1 : . /. V rJf . \1'/ -j (;'I" ) (tJ, . AI (\\ {, " / (~< C\j"(t - ( \ "l t . .(, f}, ( \ ( ~. ~'Jn,,( . - 'f' " \ "'----. 'r \ < \; :) '\ d.' ! <. <) ..... <;-..( '< '..::. 4, \)) ~ ./ May 12, 1987 .. RE: Bond for Traffic ~ignal at Congr.~ss Boulevard and Congress Avenue, uakes of Tara, Plat No.1 Dear Mr. Clark: In response to your letter dated April 28, 1987, concerning the renewal of the bond for the traffic signal at Congress Bouievard and Congress Avenue. , Enclosed is a letter from Bateman Gordon & Sands, Inc. that bond #B519995 in the amount of $30,000 is in full force. The renewal date for this bo~d is 9/20/87. Rather than renewing.this bond in September, Coral Gables Federal would rather give the City of Boynton Beach a Letter of Credit. The Letter of Credit would be in the amount of $30,000 and in the favor of the. City of Boynton Beach. f Please let me know your decision ragarding the Letter of Credit as soon as' possible. Sincerely, ~.t~ Michael F. Matchus Assistant Vice President Branch Manager MM:gb Enclosure ~ ,/ tf I~ 2511 PONCE DE LEON BOULEVARD . CORAL GABLES. FLORIDA 33134 · PHONE (305) 447-4711 MAILING ADDRESS: P.O. BOX 141488. CORAL GABLES. FLORIDA 33114 , . BAT(;MAN GORDON G- SAN OS, <' .. J, \-,RRY SANDS. CH..IRM..N DANIEL E. GORDON. PRESIDENT GAIL. G< NIEL.SEN. ExECUTIVE VICE PRESIDENT AL.L.AN MARKEL.S. VICE PRESIDENT PATTI W. SUL.UVAN. VICE PRESIDENT W. DURAN BROWN. VICE PRESIDENT KAREN TANGORA. ACCOUNTING KEITH BROWN CONTROLLER OTHER L.ICENSED AGENTS KATIE ANDERSON BEVERL.Y ASHER MAUREEN L HUYBERS KAREN PORINSKY JAN 101m SHIRL.EY BABCOCK ANN SHEL.DON LORNA STAAB MICKIE SPEARMAN UNOA OSINOFF MICHAEL. HITE 5/8/87 Ms. Joanne Platt Coral Gables Federal S & L 4101 w. Comme~cial Blvd. Ft. . Lauderdaie, Fl. 33316 Re: Tara Horne Developers Reliance Insurance Company Bond #B5l9995 Dear;:< Ms. Platt: Please be advised the the above captioned bond is in full force. Annual renewal date is 9/20/87. Annual renewal premium-$270. Amount of bond-$30,000. Please note this bond is in the name of Tara Horne Developers and not Lakes of Tara. This is the way the bond was originally set up in 1983. The amount of the bond was decreased over the years but the name has never been changed. Also please note that this bond will remain in force untill the City of Boynton Beach releases the bond. If you should have any questions, please feel free to contact me in our Pompano Beach office. Si.ncerely, Qd~x!fard; (Miss) Lorna Staab LS/ .. elt(J 12 N,E. 24TH AVENUE. POMPANO BEACH, FL.ORIOA 33060 . 941.Q900 FROM DEUlAY 272.Q666 2413 EAST ATLANTIC BL.VD. POMPANO BEACH. FLORIDA 33060 941.Q900 2!54 N. STATE ROAD 7 MARGATE. FLORIDA 33063 974-0990 461 \ S, UNIVERSIlY DRIVE DAVIE. FLORIDA 33324 434-!5000 4900 LINTON BL.vo. SUITE 20 DELRAY BEACH. FLORIDA 3344!5 496-1234 " ,-.... .......-"". ! . ~ CITY o<f BOYNTON BEACH I 120 N.E. 2nd AVENUE P.O. BOX 310 BOYNTON BEACH. FLORIDA~10 13(5) 73Hl111 - OFFICE OF THE CITY ENGINEER June 2, 1988 .~ Mr. Michael F. Matchus Assistant Vice President Branch Manager Coral Gables Federal S & L Assoc. 9910 S.W. 14th Street Boca Raton, Fl 33428 Re: .Traffic Signal at Congress Blvd. and Congress Ave. Dear Mr. Matchus: Reference is made to the letter of May 26, 19~8 from Charles <Cantrell, Signal Systems Engin~er for the Palm Beach County ,Traffic Division, addressed to the writer with <a copy to you. As stated in the said letter, I'am hereby requesting for the City of Boynton Beach, that your company jointly with 'the Developer of The Landings Apartments and the Developer of Tara Oakes establish an 'escrow account of $30,000.00 to be released directly to the County signal contractor upon completion of the installation for a traffic..signal at the subject intersection. The initial installa- tion iso.currently planned to be a flashing traffic signal, but the County Traffic Division has started a new traffic study to see if a fully operational traffic signal should be installed "up front" I will advise concerning a time and date to meet concerning the participation in the escrow account with the parties concerned as soon as possible. Please advise if you have any questions concerning the above. Very truly yours, CITY TAC/ck cc: Charles'R. Walker, Jr.~;P.E., Director, ~raffic Division, P.B.C. <~. Charles,. L. Cantrell, Signal Systems Engineer,< P.B.C. J...I:A""/1 Carmen Annunzi~to, City Planner, Boynton Beach, Fl ~ Thomas A. Clark, P.E. City Engineer i . "'" c/ ~. < iJ/ < I c? I! l J1._I1~ WINNINGHAM a FRADLE'Y. INC. V)ft~'( Dt'.. JlI," C:on_u/r/ng Engineer. - /-and Surveyor. /f., IO!:SO N.E!:. 4!:Sth STREET. FT. L.AUDERDAL.E. FL.A.3$$$4 ($O!:S)77/-744D ~/ lJ.. ' Q C-/ \\ \i l v X..\>) ) / & 1\\0 ~' t ~i (}1 ,r._ ~._fl \ }tl.!,\,..pc \ lr~' '< ,., . ." " \ '1"1'" . ~. ." . ... . < , . , February 11 t 1987 Mr. 'Ibm Clark, P.E. City Engineer City of Boynton Beach fust Office Box 310 Boynton Beach, Florida 33425 Re: Lakes 0 f Tara Proj ect Number: 86542 Dear Mr. Clark: This is certify that a final inspection of the water distribution, sewage collection, and paving and drainage systens has been made by an autmrized representatie of the Owner, Cbntractor and Engineer and is hereby declared to be substantially complete as of February 11, 1987 so that the systen can be utilized :fur the purp:>se :fur ,,*1ich it was intended. If you have any questions or require any additional in:funnation please cb not hesitate to call our office. ,Sincerely, '\;Z:. 12- L 8/R.!;--... /' ~-i::;l{(B. /f1J~ fi~~S:;-:: d~ f2e.~~ ~~~ 'n_/ ch~J::~c- ~~~ ~ ~~~ ~..L.J;~_~ ~~~d.d- WINNINGHAM & FRADlEY, IOC. .' < (\ \ c C:--> .-(J~. ~-~-1) Cary b:.)l1inningharii Registered Engineer NJ.: 23044 $tate of Florida cr.: Mike Matchus w /1 0-, ~ 'C~ January 24, 1986 Mr. Torn Clark City of Boynton Beach 120 N. E. 2 Avenue Boynton Beach, Florida 33435 Dear Mr. Clark: 1---~ r J[ <VJ~ 1 WEST BROWARD OFFICE 4101 W. Commercia! Blvd. Ft. Lauderdale, Florida 33319 Telephone 731-9170 f:.~'1~~/it,':.~B J/~:~.!~~:.i;" . ::~;C;; ~1' ~ L~, --' < .' ~,zr ,'_1 :,: i .\, .t?;.J/, .~._... '. ~~-- ~t;;;;~;. $~~U ~'--~-Ai::r~ r ~~~::t:&~~ . 6rn,;f,~/O{)~ ~ t::.el.) <. V;;:::.- tfJJ This is to advise that Coral Gables Federal is requesting that the Perfomance Bond for the Lakes of Tara, Plat #1 in Section 30, Township 45 South, Range 43 East, be released. Attached Guarantee is hereby submitted for your approval. Sincerely, ~.~'~ ---:::::::,--~ Michael F" Matchus Assistant Vice President Branch Manager MFM: fb enc. 2511 PONCE DE LEON BOULEVARD. CORAL GABLES. FLORIDA 33134 · PHONE (305) 447-4711 MAILING ADDRESS: P.<O. BOX 141488. CORAL GABLES. FLORIDA 33114 yO ;9 < . . , t(j r. iVy.,. 1 "'~ {:i' ./---~~Jj~U/z~h . < . /,' ~, /c LJ /. R C~"'1E'~":-~';:-"< ;<:<<~'::~<;"'<!:<~);ff'<<<;' , \'H "'.~~'<' < " ,'-. -..: _ ','<< < <"\'<<<';,,, < ' , J'< '- i:~.<' '~:~~-J'~'<'';.f.Q~-'~ S .: .'V~~ <'; ;';~~ ,. < "l ~/<'>!J '< I ' < ,;.;a...;'.; '. -, < '. _ < \ <:~XA::i'o<c;~':f;.<~'~: .,' ,', ....:: ;:;: . " p ,~:a-:;'..j~~.~>f,1H'-"''' ~ i.Jf~.'1 "":"f'" ..i..'" . LAi'" .#J':~'i: ,: .:~ ,.., ('" ~;'.. - . " "i'): 1 .. '. 'R,.' '1.'I'.GJDEPr.-";:: ,: ::Vl'I:~'" ~-< \ :;;-/i~:;~<~.j'l <<(:><< <-;<<~:'~'-<'),,,::,~ ~. ~.~, .1. - ~ ,.. ...... : ..' . .. .r-=: ~< . 1" <~ . '<.. I \ . . ::.: _.'.. .' ~. . .. ". : ,'. < ,< " , ! " . ~ I ',Y d. m. ambrose associates, inc. consulting engineers - land surveyors :<C~J '<(2-, September 19, 1985 1<',' < Mr. Thomas Clark, P.E. City Engineer City of Boynton Beach 116 S. Seacrest Blvd. Boynton Beach, FL 33435 .~E: ~.OF TA~AHSE I < Dear Mr.< Clark: :.1, . " . " . ~ .": ~:~', ": . I ~ I 1< This.is to certify that all improvements, except for the ~final asphal~c wearing surface, are completed in Lakes . Of Tara, Phasp T and have been inspe<c ted and approved by " the undersigned. . < The project Owner wishes to haye the improvement bond reduced. and we therefore request the City of Boynton Beach. to approve a reduction in bond amount to $30,000,,00 which represents the value of incompleted work. < INC. P. E; . <DMA/mdh :, , < < . . ..' - . '.. '., .. ';< 6190 North Federal Highway, Boca Raton, Florida 33431 (305) 997-6790 < West Palm Beach 655-6151, Broward 462-2860 ~ -- \b~\ . t . -.....; m. a lose assocla es, Inc. consultina eU gineers - land surveyors - March 18; 1985 Mr. Thomas Clark, P.E. Ci ty Engineer City of Boynton Beach 116 S. Seacrest Blvd. Boynton Beach, Florida 33435 Dear Mr. Clark: RE: LAKES OF TARA, PHASE II ~t<<- fl ~ ~ 50}}} .;J ~@'~jJ ~~C~.~. < < ~ ~ ~#J3n ~PR 22 1n p -. ~8S '<- .~ 'LA.NN/f~'G - _0 <. . Dc:-p " < &.;;. r. ~ .... -. . . .., -! I hereby submit a formal application for<preYiminary plat <and final engineering design <approval for Lakes ,of TaTa, Phase II. (The former name, Cherry Walk, will not be used relative to this project.) . The new owner is Barry~ Barson, Lakes of Tara Development Corp.~ 1199 South Congress Avneue, Boynton Beach, Florida 33435; (305-736-8141). The following items are submitted: a) b) c) d) e) f) g) h) i) Six prints of the preliminary plat Two sets of sealed final engineering plans Certified cost estimate Landscape plan for common areas Street lighting plan for the project Storm water calculations S.F.W.M.D. conceptual approval for the PUD Water and Wastewater permit applications for review and signing by your Utility Dept. $5Q.OO check payable to the City of Boynton Beach If you have any questions please feel free to contact this office. Very trul~ yours, D.M. AMBROSE ASSOCIATES, INC. D"M. Ambrose, P.E. Enclosures CC: BARRY BARSON DMA/mdh 6190 North Federal Highway, Boca Raton, Florida 33431 (305) 997-6790 West Palm Beach 655-6151. Broward 462-2860 J --- Q~-?'---~-1"J ~ CITY of BOYNTON BEACH @<< < < . '.;i!' Office 120 N.E. 2nd AVENUE P.O, BOX 310 BOYNTON BEACH, FlORIDA 33435-0310 (305) 734~111 of the City Engineer April 22, 1985 Mr. D. M. Ambrose, P.E. D. M. Ambrose Associates, Inc. < 6190 North Federal Highway Boca Raton, Fl. 33431 Re: Preliminary Plat submission, Plat No. II, Lakes of Tara Dear Mr. Ambrose: Reference is made to your letter of March 18, 1985 concerning the subject submission. Preliminary comments concerning the plans are as follows: 1. The Mayor's name is Nick Cassandra. 2. The bicycle path should be extended to the roadway at Tara Lakes Drive West. 3. The private roadways should also be dedicated as an easement to the City for water and sewer lines. 4: A date ,is required on the plat in the area of the title according to the State Statute 177. 5. P.C.P. 's are requi-l:~eda-t 'Pi.G. ':'s,.P.,T<. {.s <;;lrtd B..<.R.O. ~'<~. 6. A "This instrument prepared by" statement is required. ~ 7. A place for the City Engineer's seal is required by the County Clerk for recording. 8. It should be noted that the angle of repose on the lake bank 5e~tion will be established naturally prior to final grading so there will be no undercutting or land slides after all grading is complete. The angle of repose under water is much flatter than for dry sand and the cross.- section should be redrawn to reflect this. continued..... X~~ '. Mr. D. M. Ambrose April 22, 1985 ~e: Lakes of Tara, Plat II Page 2 9. Street l~ghts by FP&L are~required for Congress Blvd. Approximate locqtion and a note concerning this should be added to the< drawings. 10. Private street lights, unless also <to be installed by FP&L must be detailed on plans <with all information required for construction. 11. The landscaping plan must be sufficiently complete to be reviewed and accepted by the Community Appearance < Board. 12. The tennis court and <other private recreational facilities require site plan. review and comprehensive (complete) site plans for same should be submitted. 12. The sales agreement for the property and/or an appraisal must be submitted as this is necessary to determine the recreation fee. L4. A clarification is needed on the plat where the existing 10-inch water line parallels the sewer line. Are there two ten-ft. easements' here? ~ The D.E.R. forms for water and sewer have been forwarded to the utilities Department. Separate submissions of plans will be required for the utilities Director as required by the City and the D.E.R. Corrections and revisions, etc., to the plans should be made and resubmitted as soon as possible .so that they can be reviewed by the T.R.B. <on .Tuesday, May 7, 1985 prior to the Planning and Zon- ing Board meeting on Tuesday, May <14, 1985. Additional comments will be forwarded if necessary as the review of <the plans continues. Please advise if you have any quesitons concerning the above. Very truly yours, TAC:mb Thomas A. Clark, P.E. City Engineer cc: C51rmen Annunziato Perry Cessna Bud Howell ~1J3 <' ---.- -- <'--- I/.L .... ~~ (f' -I South Florida Water Management DistriOfJiCEI\fflD Post OHice Box V 3301 Gun Club Road West Palm Beach, Florida 33402 Telephone (305) 686-8800 Florida WATS line 1.800-432.2045 John R. Maloy, Executive Director John R. Wodraska, Deputy Executive Director QEC 3019~ PLANNING DEPT. "p_.- .- IN REPLY REFER TO: Permit (Re-issue) No. 50-00773-S ... . ':-~'fi~~" ~ _ J December 19, 1983 Tara Development Group, (lakes of Tara P.U.D.) 10195 W. Sample Road Coral Springs, Florida Inc. 33065 RE: Request ,to Modify (dated July 27, 1983}, Tara Development Group, Inc. (lakes of Tara P.U.D.), Palm Beach County, Section 30, Township 45 south, Range 43 east Gentlemen: At its December 15, 1983 meeting, the Governing Board of this District gave conceptual approval of your surface water management plan, and the re-issuance of the above refer- enced surface water management permit for construction and operation of Phase I. The Permit for Phase I will be mailed under separate cover. The conceptual approval does not constitute a construction permit. It is based upon the information provided by the applicant and may be subject to modification or revoca- tion if it is later determined that said information is erroneous or false. All future applications for construction submitted pursuant to this conceptual approval will be reviewed in light of the statutory and administrative criteria in effect at the time of submission of such construction applications. . The Governing Board may modify this provision in cases of extreme hardship. As construction plans are developed for additional Phases. they must be submitted to this District, and no additional construction may begin until definitive authority has been granted by this District. If you have any questions concerning this matter, please feel free to call. Si ncerely, \ \ \ \ \ RAR/sw cc: DER-West Palm Beach, Fla. Mr. Nathaniel P. Reed Mr. John F. Flanigan lake Worth Drainage District D. M. Ambrose Associates, Inc. Palm Beach County Area Planning Board Mr. S. Redick, P.B. County Bldg. Dept. P.B. County School Board Plant Planning Mr. C. Annunziato. Boynton Beach Citv Planner Dr. N. Hansen, Envirocivil Engineering Corp. Mr. Herb Kahlert, Palm Beach County Engineer Engineer, City of Boynton Beach, Fla. Dept. of Blda~ ~ Zoning, BOy'nton Beach, Fla. Ro6eft L.. Clark. Jr, Stanley W. Hole Chairman - Fort Lauderdale Vice Chairman-Naples ;P~: Richard A. Rogers, P.E., Director Resource Control Department ~;,1 J< Neil Gallagher Nathaniel p, Reed St Cloud Hobe Sound Aubrey L. Burnham Okeechobee Charles L. Crumplon Miami Shores Kathleen Shea Abrams John F. Flanigan Timer E Powers Miami Shores North Palm Beach Indianlown d. m. ambrose associates, iric. consulting engineers - land surveyors LL ;ff ~ A ',Pe..;r RECEIVED December 8, 1983 DEe 13. 1983 P~NING DEPT. "Mr. Charles R. Walker DIRECTOR OF TRAFFIC ENGINEERING P. O. Box 2429 West Palm Beach, Florida 33402 Re: Lakes of Tara PUD (Job 82-301) Dear Mr. Walker: Mr. Carmen Annunziato, Director of Planning & Zoning, City of Boynton Beach, Florida, has informed this' office that Palm Beach County is about < to commence the four laning of Congress Avenue between Woolbright and Boynton Beach Boulevard. If this-is correct it seems to me that the alteration of Congress Avenue at S.W. Congress Boulevard scheduled to be constructed by the owners of Lakes of Tara PUD is untimely and will undoubtedly not be in accord with your design drawings. In this regard I suggest that my client foregoes the alteration of Congress Avenue as planned until your office advises us as to your construction plans for that road and our responsibility to you for a share in that construction. Very truly yours, D. M. A}lBROSE ASSOCIATES, INC. iJt~d~~. D. M. Ambrose, P.E. cc: 'Mr. Carmen Annunziato ~. 'Nr. Sam Berman Mr. Stan Shirley DMA/med 6190 North Federal Highway. Boca Raton. Florida 33431 (305) 997-6790 West Palm Beach 655-6151. Broward 462-2860 6 ". " . South Florida Water Management District Post Office Box V 3301 Gun Club Road West Palm Beach, Rorida 33402 Telephone (305) 686-8800 Rodda WATS Line 1.800-432-2045 John R Maloy, Execul.ve [, r~:c,' November 2B, 1983 IN REPLY REFER TOi CERTIFIED MAIL NO. P 408623318 RETURN RECEIPT REQUESTED RECEIVED < Tara Development Group, Inc. 10195 W. Sample Road Coral Springs, Florida 33065 NOV 301983 PLANNiNG DEPT. - RE: 'Permit MOO No: 50-00773-S, lakes of Tara P.U.D., Palm Beach Co., S30/T45S/R43E Dear Gentlemen: < ."- . Enclosed is a copy of this District's staff report covering your permit modification. It is requested that you read this staff report thoroughJy and understand its contents.' The recommendations as stated in the staff report will be presented to our Governing Board for consideration on 12/15/83 If you object to'the staff recommendations and desire a fonnal Public Hearing, you must file a written petition for a hearing with the District by no later than12/12/B3 . Petitions are deemed filed upon receipt by the. District. The petition must comply with Rule 40E-l.521, Florida Administrative Code, a copy of which is attached for your convenience, iri order to be considered by the District. Please contact this office if you have any questions concerning this matter. If we do not hear from you prior to the above date, we will assume you concur with our recommendations. Stanley W Hole Naples VYJ cc Enclosure: cc: DER . Mr. Nathaniel P. Reed Mr. John F. Flanigan D.M. Ambrose Associates, Inc. Palm -Beach County Engineer Boynton Beach City Engineer lake Worth Drainage District Rotlert L Cla,k, Jr Robert W Padrock cr.a.rman - Fort Laudelda1e Vice C~a'rman - Fort P.ercE' Nathan.el P< Reed John L. Hunl1ley Hobe Sound Pahokee Sincerely, ~~. , I ~ c:" ern Kais ~~ Administrative Supervisor Resource Control Department cc: Building & Zoning Boynton Beach Dir., Palm Beach County School Board Plant Planning Dir., Palm Beach Co. Building Dept. Palm Beach County Area Planning Board Carmen Annunzi~to, City Planner Or. Nabil Hansen J Ned Gal!agner SI ClOud Aubrey L Burnham Challes L Crumoton Okeechobee M,am. Shores Jeanne Bellamy COlal Gables -~ - )5p0 '. 4011-1.521 lnJtiatJon or Pormal ~ (1) Initiation of formal proc~~dini'S shall be m.d~ by petition to th~ O"trlrt Th~ tf'rin p~tition as used herrin includes any application or oth~r document whlC"~ ~xprt'SSf" a rrQurst for forma) proC'eedl~. Each petition .hould be printed, typ4'wrlt If:n or othf'r...i!'f' duplicatrc1 In legible form on white paper of Ihndard If'gal sl~~. Unll''\.'' prlOted, the impreSSion ~hall be on one side or the paper only end tines stall ~ douhl('" spa c.-f'd "nd Indent c!d. . . (2) AU petitions (11,,<1 under tt~se <rules' shall contain: (e) The nam,. end ac1drt"ss or the DI~triC't enti the District's file or lC~rntl rlclltlcr. numher. if known: (b) The nam,. and eddre:;s. or the petitioner or petitioners: ec) An explanation ot how each petitioner's 5t1~tantlel interests will ~ er(cctce~ by the District', ~terrnination: . (d' A statement o( when and how pctltionrr recrived notice or the L>1~tri("t's decision or intent to render " decision: (e) A statement of all dlsputed issues o! matcrlD.l r.ct. If there t1J~~ none, tl.e petitIon must so indicate: . :1) A concise :ltatement of the ultimate hcLc; whlch~titioner ~1ie""es ent\t:~ < petitioner to the relief sought as well as the rules and' st~tute:. which support pt'titiorlf'f"!l clai m fot' reli ef; (I) A demand for the relief to which the petltloner deems hlm_elr entitled; cad {h} Other in!orma<tion which the peUU~ner eontcn~ I. material. ' (3) Upon receipt or .a petition {or tormnJ proceedlnp, .the DI_trlct < cl14U :(',..iew the petition (or the deir~ or eompll~nce with !lubleeUcn (2\ and .hall aCeclpt thoo~ petitiOns In substantial eomp!lanee therewith which have ~en timely rn~ tJ~~ _hi,.!) state a dispute which b within the Jurisdiction ot the District to reaol\'c. l( .&Cl'cp:ed, the District _hall deaiif\&tc the prealdll\i officer. The D1atrlct lhall pr'Ornr'Uy {;"." written notice to all partlm or the aedon taken on the petition, and ~hnll rt:lt~ \:i'~I<1 particularity itJ ruSQJU therefor. (4) II the District desigTIate a Hearin.. Orticcr a.s"i~ed. by tlle Divbio:"l (.~ Administrative Hearinb3 u the presiding' oflicer, the Dlatrlct Clerk shaU fo:'~or<1 H:c petition and all materials 01c:-d ,.,Uh the Dbtrict to the Dlvt.lon 01 Adr:1!nbtro~~...c Hearings, and shall notily ell p3rtlea or 11.5 action. Specilic AuthJrlty 373.044, 373.113 P.B. Law Implemented 120.53(1l, 120.57 F.S. His lory- N ew. Formerly 16K-l.09(1), 16K-l.1t 2(1' throuq'h (3), 16K-l.rZ. . . ~8~ .... Permit Modification No. 50-00773-S for Surface Water Management Permit lakes of Tara P.U.D. Boynton Beach, Palm Beach County S30/T45S/R43E S T A F F R E P 0 R T ABSTRACT This modification is for conceptual approval of a new site plan, an operation permit for 2 existing lakesJand a construction and operation permit for Phase 1. The permit is also being modified to increase the drainage area from 89.65 acres to 97.54 acres in order to accept 'the runoff from an adjacent 'commercial site, Congress Center (Permit No. 50-01059-S). BACKGROUND On August 14,1980, the project that is now called lakes of Tara P.U.D.<was issued a constru~tion and operation permit (No. 50-00773-S) as High Point of Boynton North. An adjacent project, Congress Center,.was issued a General Permit on October 7, 1981. On August 31, 1983, the permit for High Point of -Boynton North was tr.ansferred-to the new owners, Tara Development Group, Inc. MODIFICATION 1. Facilities Existing: lake Worth Drainage Djstrict's lateral 26 borders the site on the south. The 13 acres of lakes originally permitted have al~eady been excavated. The undeveloped Congress Center project is between the lakes of Tara site and Congress Avenue. 2. Facilities Proposed: A new site plan for the single- and multi-family residential project is <proposed. The portion of the site south of the proposed Tara lakes Blvd., called Tara lakes P.U.D. (single family), will have a density of 3.8 DUlAC and the portion north of Tara lakes Blvd., called Tara lakes North (multi-family), will have a density of 7.2 DUlAC. . The new site plan is designed to handle the runoff"from the Congress Center project. < Page 1 of 5 < 7?' f)/l LAST DATE FOR GOVERNING BOARD ACTION: December 15, 1983 - DkAi;i Subject to Governing ~oard Approval SURFACE WATER MANAGEMENT STAFF REVIEW SUMMARY PERMIT MOD. NO: 50-00773-S PROJECT NAME: <Lakes of Tara P.U.D~ LOCATION: Boynton Beach, Pa~m Beach County, S30/T45S/R43E APPLICANTS NAME AND ADDRESS: Tara Development Group, Inc. 10195 W. Sample Road Coral Springs, Florida 33065 OWNER: Tara Development Group, Inc. DEVELOPER: Tara Development Group, Inc. ENGINEER: . O.M. Ambrose Associates, Inc. l. Suitability of land for proposed use @ FAIR POOR NOT APPLICABLE 2. Water quantity impacts 8 FAIR POOR NOT APPLICABLE , . 8 3. Water. quality impacts FAIR POOR NOT APPLICABLE 4. . Envirorvnental impacts GOOD FAIR POOR 5. Water conservation GOOD 8 POOR NOT APPLICABLE 6. Flood protection 8 FAIR POOR NOT. APPLICABLE 7. Relief from rainstorm inconvenience 8 FAIR POOR NOT APPLICABLE 8. System maintainability 8 FAIR POOR NOT APPLICABLE. 9. Overall use of land with respect S FAIR POOR NOT to water resource APPLICABLE 10. Water management system with respect <8 FAIR POOR NOT to feasible alternatives APPLICABLE ;JS'~q The surface water management system consists of a stonm sewer system directing runoff to 13.0 acres of on-site lakes. The control structure consists of 1-4.51 wide weir with a crest at elevation 9.2' NGVD and 1-3" wide rectangular bleeder slot with an <invert at elevation 8.51 NGVD. Discharge is through 400 LF of 36" '.diameter CMP.and <30 LF of 48" diameter CMP culvert to Lake Worth Drainage Districtls L-26. Lateral 26 discharges to the C-15 canal. Proposed for Phase 1 construction is a 15.32-acre portion of the site called Tara Lakes P.U.D. which consists of 59 single-family units. The applicable land area breakdown is as follows: Project Previously Constructed Phase Construction Total 89.65 acres 0 acres 15.32 acres Water Management 13.0 acres 13.0 acres 0 acres Impervious 4b96 . acres 0 acres 4.16 acres Dwelling 519 uni ts 0 units 59 un'i ts DISCUSSION 1. Water Quantity: The design discharge, for the 25-year 3-day event, of 32 cfs is still below the combined allowable discharge of 50 cfs for the Lakes of Tara P.U.D. and Congress Center. The allowable discharge was detenmined by using the Lake Worth Drainage District's<runoff curve for the C-15 basin. 2. Water Quality: The<vo1ume required to detain the first'inch<of runoff from the entire 97.54-acre drainage area is 8.1 AC-FT. Using on-site lakes, 9.1 AC-FT of detention is being provided. Therefore, water quality~is being met. 3. Flood Protection: . < The 3-year 24-hour stonmresults in a stage of 9.9' NGVD. The minimum road grade'proposed is elevation 12.8' NGVD, therefore, the roads will be adequately protected. The, 100-year 3-day stonm results in a stage' of 13.5' NGVD., The minimum finished floor elevation proposed is 14.6' ~~ Page 2 of 5 ~. .. ... "';, . :,:--." ':.:-: ", /' 7~ ': ':"":,' units per acre in the single-family Tara lakes P.U.D. portion of the site and an allowable density of 7.2 DUlAC in the multi-family Tara lakes North section. The proposed use is compatible with this zoning< and the proposed densities are equal to or below the allowed densities. 5. . Utilities: Potable water and wastewater treatment service is provided by the City of Boynton Beach. The permitted potable water allocation for the City of Boynton Beach is 10.66 MGDj the present withdrawal is 7.912 MGDj the total project demand is 0.177 MGD, and this phase demand is 0.027 MGD. 6. System Operation~ . The lakes of Tara Homeowners Association shall be the ~ntity responsible for operation and maintenance.of the surface water management system. 7. Environmental: There are no significant adverse environmental impacts expected. RECOMMENDATION The staff recommends approval of the proposed modifications to Surface W~ter Management Permit No. 50-00773-S subject<to the following 12 Standard limiting. and 12 Special Conditions: PREPARED: ~1>.~l& CHECKED:~~.~ APPROVED: ~.--?' ~ ~ Richard A. Rogers, P.E., Director Resource Control Department DATE: /003 Page 3 of 5 ~ E>J LIMITING CO/IOITIONS .. 1. THE PERMITTEE SHALL PROSECUTE THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIROI/MENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL CO~IPACTION OF ANY FILL MATERIAl PLACED AROUND NEWLY INSTALLED STRUCTURES. TO REDUCE EROSION. TURBIDITY. NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. 2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY OR INTO SURFACE WATERS OF THE STATE SHALL BE SUBMITTED TO THE DISTRICT AS REQUIRED. PA~~ETERS TO BE MONITORED 'MAY INCLUDE THOSE LISTED IN CHAPTER 17-3. IF WATER QUALITY DATA IS REQUIRED. THE PERMITTEE SHALL PROVIDE DATA AS'REQUIRED~ ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL. VOLUME DISCHARGED DURING THE DAYS OF SAMPLING A1ID TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE. < 3. .THE PERMITTEE SHALL COMPLY WITH ALL APPLICABLE LOCAL SUBDIVISION REGULATIONS AND OTHER LOCAL REQUIREMENTS. IN ADDITION THE PERMITTEE SHALL OBTAIN ALL NECESSARY fEDERAL. STATE. LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START 'OF ANY CONSTRUCTION OR ALTERATION OF WORKS AUTHORIZED BY THIS PERMIT. < 4. THE OPERATION PHASE OF THIS PERMIT SHAlL NOT BECOME EFfECTIVE UNTIL A FLORIDA REGISTERED PROFESSIONAL. ENGINEER CERTIFIES THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE DESIGN APPROVED BY THE DISTRICT. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER flANAGEMENT SYSTEM. THE PERMITTEE SHALL SUBMIT THE CERTIFICATION AND NOTIFY THE DISTRICT THAT THE FACILITIES ARE READY FOR INSPECTION AND APPROVAL. UPON APPROVAL OF THE COMPLETED SURFACE<WATER MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE ENTITY APPROVED BY THE DISTRICT. 5. ALL ROADS SHALL BE SET AT OR ABOVE ELEVATIONS REQUIRED BY THE APPLICABLE LOCAL GOVERNMENT flOOD CRITERIA. < < 6. ALL BUILDING FLOORS SHALL BE SET AT OR ABOVE ELEVATIONS ACCEPTABLE TO THE APPLICABLE LOCAL GOVERNMENT. 1. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT SHALL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED By'THIS PERMIT. NO ROADWAY OR BUILDING CONSTRUCTION SHALL COMMENCE ON-SITE UNTIL COMPLETION OF THE PERMITTED DISCHARGE STRUCTURE AND DETENTION AREAS. WATER DISCHARGED.FROM THE PROJECT SHALL BE THROUGH STRUCTURES HAVING A MECHANISM SUITABLE FOR REGULATING UPSTREAM WATER STAGES. STAGES MAYBE SUBJECT TO OPERATING SCHEDULES SATISFACTORY TO THE DISTRICT. 8. NO CONSTRUCTION AUTHORIZED HEREIN SHALL COMMENCE UNTIL A RESPONSIBLE ENTITY <ACCEPTABLE TO THE DISTRICT HAS BEEN ESTABLISHED AND HAS AGREED TO OPERATE AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED<HEREIH. UPON RECEIPT OF WRITTEN EVIDENCE OF THE SATISFACTION OF THIS CONDITION. THE DISTRICT WILL ISSUE AN AUTHORIZATION TO CO~~ENCE <CONSTRUCTION. 9. THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC. 10. THE PEffiiITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FR~1 ANY AND ALL <DAMAGES. CLAIMS. OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION. OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 11. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE OFF.SITE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. IT IS ALSO THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE WATtR RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 12. PRIOR TO DEWATERING. PLANS SHALL BE SUBMITTE~ TO THE DISTRICT FOR APPROVAL. INFORMATION SHALL INCLUDE AS A MINIMUM: PUMP SIZES, LOCATIONS AND HOURS OF OPERATION FOR EACH PUMP. IF OFF-SITE DISCHARGE IS PROPOSED, OR OFF-SITE ADVERSE IMPACTS ARE EVIDENT. AN INDIVIDUAL WATER USE PERMIT MAY BE REQUIRED. THE PERMITTEE IS CAUTIONED THAT SEVERAL MONTHS MAY BE REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. . Page 4 of 5 ~9g I <" " SPECIAL CONDITIONS . < 12. THE PERMITTEE SHALLupROVIDE TO THIS<DISTRICT DOCUMENTATION OF LAKE WORTH DRAINAGE' DISTRICT APPROVAL PRIOR TO THE COMMENCEMENT OF CONSTRUCTIO~. / / ~ ~.9 Page 5 of 5 ';... . ..- . Ut!w II I iN C1J ::s c:: C1J ::- < ..-:....~-"':... .. - -::.-:.< ... .. . .... Quail ridge. .c . < ~ ucvt: topmcn t ::s a Vacant Leiaureville Deve<lopment s . w. < Congre"ar Kinjncr - Cogcn Project: '. Proposed Congress Center. ~ Pro~o'sed ~of T o.xn.; :r ij t>, . o. Lrilnurook Lil1tCS EstDtcs LDe,AT\ON 5 KcTC-\-\ EX.+-\\i)\T i - ..~~... -d ..?J1 1'17....<:1 "'ClLH~ "1o<-6to'.o; .~~ ..~~ ?I~"\ '~- Mi. t~~I.Itt<t""OlN '-'..:1'" ....----.......,...... " ~ ~ ~. .. ft Hl"21Clf-..l 9:1/1"1, 'Y'21"'V'-L N~ ;j..LIG 1iIIOI11"" Q,lI) jot I.l<<l sJOAElNns PUOI - SJOOUIOUe Oulllnsuo::> 'OUI1SGJDIOOSID esOlqWD 'W 'p ~.,:.~ ~':'."I- n -D"'~- ~ ~ ; < ~ ~ J ~~:-.. }. ,:A:If t - l!: ..- ,....,- -- , . 1. <~ 1 - ,~z- :', ~ II, ; ';, II . \ -1[' ~, .1 ~: II ~, ~ ~ -tJ:,< __.~~dl:'; H.l"ZlOI-J ". 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Hi~!,: lifts".,:; fi{' ::~1:~!1Ji '" ~'. i oJ 'I Il'~ J ....~J. x.; t ~ ... . tit"'.Gr-o; '"";"-':'" .........--... ...............-...... I..JO':) .... ,-- lJgeU10u9 0u1l1"S w'p lJCY.8IVOS PlJOl.1D MOJqWD" '001'18101:>01 c " .. ~ - ...., - ".1...".__ "'.~-- ,..~~:::;:=. '--.--:un~ ...... H,",,=,...~~:,.., . ...n......,...,...., .~ ...., r. ':' " t ~ . i i l! i ! . - I iris. '<)1 IU J.1 ~ 1 " Jif Ilj i Illl flil 4 << J :, I I . , . , f' i I I I III rl ~ ; ~ ~ '. " -Jo:t<r~ ;Of... li.l!J~ ~j~"."_.: !.=;~ .. . . . - .. . i!!!~~ ...... Il.. . . C' ~ J.... I H . i3: f! ~ ~, ~ C ( . ( :I 1 i ~ . oj ... ;'j J 1. . I j u . ~ ,! l'f < - '.; ~ !i!: ~ i: 5-;- ~i t', dl".._ . !.- -s... ~~ 9 L:ai: ~~ :::: ~ .- =~ 2:":'" ~ l~ ~t _ ~ ~. ~. ~: & t-I l. . ~... .r~,; ~ .n: 1.~ '. -.. H!'; ~~1 ;~ :; ',;~'~ -,. a,)-s. :~;~: ~,t.s:)t:~ r" ....~f~..~ ~ ...~9JI) . E~53[3&e. .::....: r- . .. ':' . .... 4. ~I'.._' - .' .. _ ,...c.. '7 .' <' . '. <:1 .... / / :}(p.yt .... -."'l........ I J.. \ 'i\ \ \-\1:.:r gCf/ ~ ~-----------_._. ---- - "\ (') h <:' h' r- ... ~ l~t-~ '; ~ \ -%.. ~ ~ O~ i!- -<: ~~ C\C\ 1"T\i! \)!;2 r-<: hC\ <: ~. .... (i) 0 \ ... tlili .It!tt It,~t \\\l! t ' l .. ~~ ? t ~ \ l ., \ \ ~\~ ,)'" n ~l \ t 1~'~ 'i\\ ! ti ~~" it ~ti ,It -:'t. ltt ~... 0 .\. ,: > il\ ..rl ~ H; ~ \\~\ \\ I} ~ ~ ~ t ~ 1;0 0lI~ .., 010 -"" -;".44 1It6"~ Iw~ I ~2 TARA LAKES P. U. D. ~ .... ~ ... d. m. ambrose cssoc\ates, lne. cQC\W\l\OO enQ ->ee~ . IOnd suNllyCl'S < - - ---.. .... CIT"I' OF 80YflTON BEACH .~"'.- - .' ... FLORIDA .---..- -..--.....,.........- .;,..~JI~'" . , \ \ <\ 1 \ i \ ... \ - - -..,..~' -- <, ._-<,~---<-- <--<<._------ ..,..,..."".......--..... ...--.--.... .. . " sr;JA~ puOl. SleElU\OUe OU",ns~ 'oU\ ISetDP<>"O esO.lq\110 "ua"P Q)O ... >>'fO ,- ~\ J I ~ " \ I&.a ~ . ~ t i ~ . oq \1 ........".. ~ '~f-:'."~ . . - \~;~~':r~ \ a~;~;~~~ : \1 \ Ii I II \ II I ~. " \ \ I i I \' . t, II , \' 1 Ii) ... \\ .. I \~~ \ \- . \, ,;; 'I' :;i " 1\ l' , ,~~-:-::.' \\ ..\ " ' ' ~~ H ~ - ~ u '-. \ Co) l( t t <~ , n<h ll. 1..~ '.i- t ~!~ _ _,' .1\1~1 r _I ~ "\t~~ )t \1 \' " l~ 11 \1 \ }~.\~ 't _ \ j ..." \~ l(~ -r- \ 1~ '1 \\ . ,hi \ i elf.. ,t ~ . . . \ II" 1': \ jA1 It <t\ 1Z~"'~ 1- ". ... ~_~~~ it o '1 \ J-)~ 'a: Ii t~ ~< ,,; llh ~~ )~ _4.0. U :\\~ ~\ ~t ... ' \ t ~~0OJ tll b :<:'" ~'i Q.; C!:: <::) i: t-.: -1 \) <q U ~ 'a: '. 0<' ~\ ~ VI E't~\~\'T5 ------. ,,- \ +~< ;> 5t::.~ J}e /r:z iI --\ ';'4_50' .;. rLA.S\-\BOA.RO RISE.R fJ. 'f".S' 4~ · f"--\ ~-, r--- ____ ~M'S. . ,. B.5ft.!:!.$. \ < - ~ ' !J" - --~l'-I\IC - PLA.N- t''-~ ~-~ -- ~---- ---.--- -- .--~ . . ') ... . . f:- "'~ \ 'D \\ .1 ------ ,- PERFORMANCE "" . BON D' ~~r~ . /~ ~e..:t- . BOND # B519995 _. .. . . ~ .KNOW ALL MEN BY THESE PRESENTS z . . . . That TARA DEVELOPMENT GROUP, INC: (hereinafter called the "Principal"), and RELIANCE INSURANCF COMPANY .I a surety company authorized.to do business in the State of Florida (hereinafter called the "Surety"), are held and firmly bound unto the City of Boynton Beach, a municipal corporation of the State of Florida (hereinafter < called the "City"), in the full and just sum of $660,oon nn . . lawful money of the united States of America,. to be paid to the City, to whiqh payment ~ell,and truly to be made we bind ourselves, our heirs, executors, ad~inistrators, successors:and assigns, jointly and severally, firmly by these presents: . WHEREAS, the above bounded Principal, as a condition precedent to the approval by the City of a plat of a certain subdivision known as TARA LAKES' , has submitted engineering and other construction plans for the Required Improvements prescribed by the SU9division and Platt~ng Regulations of the City, pertaining to the said subdivision (hereafter referred to as the "Subdivision Improve- ments Plans"), copie~ of which plans are attached hereto and by - . refere~ce made a part hereof; and , WHEREAS, it was one of the conditions of< the said <Subdivision and Platting Regulations that this bond be executed; . NOW, THEREFORE, the condition~ of this obligation are such that if the'above bounded Principal shall in all respects perform the Subdivision Improvements Plans within the time specified in the Sub- division and Platting Regulations of the City, and shall indemnify and save harmless the City against or from all claims, costs, expenses, damages, injury or loss, including engineering, legal and contingent . costs which the City may sustain on account'of the failure of the . Principal to perform< the Subdivision Improvements Plans within the time - specified in the said Subdivision and Platting Regulations, thep this obligation shall be void; otherwise to be and remain in full force and .. effect. THE SURETY UNCONDITIONALLY COVENANTS AND AGREES THAT if -the Principal fails to perform all or any part of the construction work as set. forth in the Subdivision Improvements Plans, within the time specified, the Surety will forthwith perform and complete the said construction'work and pay the cost thereof, inciuding, but not limited to, engineering, legal and contingent costs, and will indemnify and .save harmless the City as aforesaid. Should the Surety fail or refuse to perform and complete the said< improvements, the.city, in 'view of the public interest, health, safety and welfare factors.involved and the inducement in approving and filing the said plat, shall have the right to resort to any and all legal remedies against the Principal and the Surety, or either, ~th at law and in equity, including specifically specifi~ pe~formance, to which the Principal and Surety un~onditionally agree. " .... ... JP 1/ / .. < ;: ~ . THE PRINCIPAL AND THE SURETY ,FURTHER JOINTLY AND SEVERALLY AGREE ....., '" THAT '.tht3 city, at its option, shall <have the right to construct or, p~rsuant to public advertisement and receipt of bids, cause to be constructed the. aforesaid improvements in case the Princip~l should fail or refuse to do so in accordance with the Subdivision Improvements Plans and within the time specified, and in the event the City should _exercise and give effect to such right, the Principal and the Surety ..shall be j~intry and ~everally liable hereunder to reimburse the city the total cost thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct . or consequential, which may be sustained on~account of the failure of the Principal to carry out and perform the Subdivision Improvements Plans within the time specified. IN WITNESS WHEREOF, the Principal and the Surety have executed these presents this 20th ~ay of SEPTEMBER , 1983 . 10195 W. SAMPLE ROAD TARA DEVELOPMENTGROUr, fNe. PR~CIPAIfJ BY: . . - .~ ~ ) Pr,~7J....r SAMUEL BERMAN, President .Address: CORAL SPRINGS, FLORIDA 33065 Witnesses: . . INSURANCE COMPANY ~ By: Address: its a torney-in-fact, Power of Attorney to be attached). DANIEL E. GORDON -- 4 PENN CENTER. PLAZA PHILADELPHIA, PENNSYLVANIA 19103 ATTEST: witnesses: .. COUNTERSIGNED BY ~ 4fX · , , . <- L-.., I' · . ~ STAFF REPORT DISTRIBUTION LIST PROJECT lakes of Tara P.U.D. P~RMIT(MO~' NO. 50:00773-5 EXTERNAL DISTRIBUTION CONTINUED! Applicant Tara Development Group. Inc. - Applicant's Consultant D.M. Ambrose Associates, Inc. Applicant's Agent Engineer, County of Palm Beach Engineer, City of Boynton Beach . Local Drainage Dis~ricts Lake Worth Drainage District Building & Zon1ng, Boca Raton Building & Zoning, Boynton Beach Building & Zoning, Royal Palm Beach Building & Zoning, Tequesta Building & Zoning, West Palm aeach . Dir., Palm Beach County School Board Plant Planning Dir., Broward Co. Water Mgmt. Division Collier County Ag. Agent Fred Vidzes, B.C. Basin Dade County DERM Dir., Lee County Div. of E.P.S. Roland Banks, lee County Div. of E.P.S. Dir., lee Co. Dept. of long Range Planning Dir., lee County Mosquito Control Dir., Martin Co. Planning & Zoning Dir., Palm Beach Co. Building Dept. Palm Beach County A~ea Planning Board Kissimmee River Coordinating Council Other: Carmen Annunziato. City planner City of Boynton Beach. P.O. Box 310 Boynton Beach. FL 33435 Dr. Nabil' Hansen, Envirocivil Eng. Corp. 2326 S. Congress Ave., Ste. I-A WPB, Fl 33406 EXHIBIT 7 INTERNAL DISTRIBUTIOU I y. X X- x.. A. Hall X. legal Inspection X Reviewer K. 'Clifford }A .1-0 '" " >< x. l. Wedderburn X R. Fanson X 1. Sagul P. Gleason X R. Brockway R. Serra X J. Wodraska W. Brannen X EXTERNAL DISTRIBUTION I X DEPARTMENT OF ENVI ROUMENTAl REGULATION W.P.B. Other Ft. Myers Orlando Tallahasssee Port St. Lucie X X GOVERnING BOARD MEMBERS Mr. Robert L. Clark, Jr. Mr. J. Neil Gallagher Mr. Charl es L. Crumpton X Mr. Tiner Eo Powers X Mr. Nathaniel P. Reed Mr. John F. Flanigan X Ms. Kathleen Abrams Mr. Stanley W. Hole Mr. Aubrey Burnham X ; / , 0/. r ~ RELIANCE INSURANCE COMPANY HEA,D OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANC~ INSURANCE COMPANY, a corporation duly organized under the la~ of the State of Pennsylvania,does hereby make,connituteand appoint Byron C. Gordon and Daniel E. Gordon, individually, of Pompano Beach, Florida "its true and lawful Attorney-In-Fact, to make, execute, seal and deliver for and on Iu behalf, and as Its act and deed undertakings of Suretyship, any and all bonds and and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as If such bonds and undertakings and other writings obligatory In the nature thereof W&r8 signed by an EXltCUtiw Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby rIItifies and confirms all that its said Attorneyhl-ln-Fact may do In pUrluunce hereof. This POwM of Attorney is gntntlld under and by authority of Artlde VII of the By-laws of RELIANCE INSURANCE COMPANY which became lIffllCtive September 7, 1978, which provisions are now In full force and effect, rIIading as follo~: ARTICLE VII - EXECUTION OF BONOS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice Pnlsident or Assistant Vice President or other officer designated by the Board of Directors shall haw power and authority to {al appoint Attorneys-In-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contrllcts of Indemnity and othllf' writings obligatory in the nature thereof, and (bl to remove any such Attorney.ln-Fact at any time and r~oke the power and authority given to him. 2. Attorneys-ln.Fact shall haw power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute end deliver on behalf of the Company, bonds and undertakings, re~nizances, contrllcts of indemnity and other writings obligatory In the nature thereof. The corporate sui is not nllClllSary for the wlidity of any bonds and undertakings, r&COgnizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney1-1n-Fact shall haw po_ and authority to execute affidavits requlrlld to be attached to bonds, recognizances, contracts of Indem- nity or other conditional or obligatory undertakings and they shall also hew power and authority"to certify the financial statement of the Company and to copies of the By-uws of the Company or any article or section thereof. This poWlIl' of attorney is signed and SMlltd by facsimile under and by authority of the following Resolution adoptlld by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum wes present, and said Resolution has not been amended or repealed: < "Resolved, that the signatures of such directors and officers and the seal of the Company may be effixed to any such power of attorney or any certificate relating therll'to by facsimile, and any such po_ of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executlld and certified by facsimile signatures and facsimile 1881 shall be valid and binding upon the Company In the future with respact to any bond or undertaking to which it is attached." IN WITNESS WHEREO~I~he RELIANCE INSURANCE COMPANY has C1used these presents to be signed by Its Vice President, and Its corporate seal to . be hereto affixed. this <::.<+th clay of August 19 82 . On this Pennsylvania Philadelphia 24th STATE OF COUNTY OF } ss. August ,19 82 pe~na"y appeared Raymond MacNe il , day of to me known to be the VicH'resldent of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the for~ing Instrument and affixed the sear of said corporation therll'to, and that Articla VII, Section 1,2 nd 3 of the By-Laws of said Company nd the Resolu- tion, set forth thllf'ein, are still in full force. ~ c!- & My Commission Expires: " May 7.1984 Notary Public in and for State of Pennsylvania Residing et Philadelphia of the RELIANCE INSURANCE COMPANY, do hereby Cllrtify thet the above 20th day of SEPTEMBER ~fn.. /' 198) .. // I BOR.1431 Ed. Sn9 GR"Y"RC'" P.O< BOX 2944, H"RTFORD, CT Obl04 CALL '-aoo-,Q.5250 IN CONN ,.800.82'-5'60 ... REPLY ft~SSr\GE T~ /~I'~ REOROEJIITEM . 269 ,- TO I FROM ~r, ~erry ~, Cessna, < Di'r~ctor;'"9f~::,uti1ities :; ~.' Torn. Clark, City.Engineer. ", SUBJECT: LAKES OF TARA -.CostEstimate DATE: <Aug. 22, 1983 - ~O~D . Please advise if you have questions concerning the 'water and sewer cost on the attached estimate. .' TAC:rnb "Attach. cc:. Carmeri Annunziatq wiattach~ PLEt..:::E RErl \' TO . ~~__r REPLY ~ .~ SIGNED' \::/ p d~- " ReceivedCf::d Date "-c;;J~ Time 7?~ SIGNED -~---....__.._..._#.....-........_...--._--_..- ITEM' F269. WHEELER GROUP INC< TH!S co;:'~' FOR PEr.:O~~ I<DDr;E.s~ED --...----,..-. .....-~ .-- ._------_._------~.._-_._- %41 -, ~ d m ambrose associates inc ,..--1 . . , . consulting engineers - land surveyors DATE: 6' ;;jn3 LETTER OF TRANSMITTAL TO : NAME: 7/~4j 1/ cp/j . RI?: ADDRESS ~/20' A/.E: u/ ~~-"1J~ - CITY- ~TATE .137/)4-. R~~d{. R_ . ~ ' ZIP CODE . ??-1K -0//0' CARRIER: ~&'~. ~tfWl PROJECT: kt?s. /i/ '7rl~ DATE OESeRJ PTJON SHEET NO. TY)PE ~EMARK . R~MARKS ;?k-;~~ i% ~;1nW~ a iJ)' ,. _ . ;"J/ ~ G t.) ,r...--r (,' ,-,c- 11'1 /n J :;t. ;r' ,6- ~" f-;;~zf; j'h~~/j,~J < : .P~' >%~d ,./~/; < /A':"?.,/ jOf- ,. 7; . /A~/VrL0~. / <::.C: /U/~ . ~ 4'r)~ CHECKED: ~~i SIGNED: PROJECT NO. &.2-<11 I qj "~~# nJU; - 6190 North Federal Highway, Boca Raton. Florida 33431 (305) 997 6790 West Palm Beach 655.6151. Broward 462-2860 % LJS . " . Jul)' 25,1983 * Revised July 28, 1983 Revised Aug. 3, 1983 ENGINEERll~G COST ESTIHATE < LAKES OF TARA""- PHASE I JOB t82~301 * ITEM DESCRIPTION I. PAVING AND < DRAINAGE A. Site. C1 ea.ring B. Earthwork : C. 1"} Fill (1.2 Compactor factor) 2} Exc'avation 3} Excavation Stock Piles Pavement: UNIT QUANTITY , "UNIT PRICE I I 14 6,560 6,560 5,290 l} l~ACSC w/8" Shell 'Base and 12" Stab. Subgrade (SW Congress Blvd; - Offsite) 2;400 2} l~ ACSC w/8" Shell Base <and 12" Stab. Subgrade (On~ite) 5,400 3} 211 Type II ACSC w/1211 Shell and 12" Stab. Subgrade (Congress Ave. -Offsite) 4} 111 Type II ACSC overlay D. Storm Drainage: 1} CNP a} 1511 CMP b } 1 8 II CMP c } 30 II CMP d} 36" CMP e} 48" CMF 2} Catch Basins (51 Dia.) Catch Basins (41 Dia.) 3) Manholes: a} 4 I Dia. b} 5 I Dia ,,< 4) 5) Control Structure Headwall - 4811 pipe E. Re-shape Lake Bank page - 1 1,080 3,950 770 865 ,210 400 560 2 16 4 2 1 7.5 800 SY SY SY SY< < "LF LF LF LF LF Ea. Ea . Ea. Ea. Ea. ,Cy FL SUBTOTAL (I) AC. $ 400.- CY CY CY $ 0.40 $ 0.74 $ 0.25 $ q- $ 9.- $ 12.- $ 1.50 $ 15.- $ 17.- $ 25.- $ 30.- $ 45.- $ 900.- $. 800.- S 800.- $ qOO - S3,000.- TOTAL COST $ 5,600.- $ 2,625.- $ 4,920.-. $ 1,325 "$.21,"6'00. - $48,600.- $12,<960. - $ 5,935.- $11,550.- $14,705.- $ 5,250.- $13,000.- $25,200.- $ 1,800.- $.1/..800 - . S 3,200.- $ , oROO - . '$" 01"O"O'.~ : '$< 75-o".~ $. ~.OOO.- . '$"" "2.050 . "$2,UnO<.-:- $Lj{p $198,620.00 ~"','" .:-. ... ,'. , . J,:;jy 25, 1~H:3 EHGINEERI1JG CDS'!, ESTIHATE * Revised Aug. 3<, 1983' . LAKES OF TARA - ~Hl;.'5E' '1, . JOB t82-301 ITEH DESCRIPTION QUANTITY UNIT UNIT RPICE TOTAL COST II SANITARY SEWER SYSTEM A. Sewer Mains 1. 8" V.C.P. a} 0-6 b} .6-8 c}. l-2-14 d} 14-16 627 LF $ fl SO $ c; 110 . 112 LF $ 10' - $ 1 1 ?n , 570 LF $ 20".- $11 400 550 LF 25'<.- . $ S13,7C;0 - B. Manholes a} 0-6 b} 6-8 c} 12-14 d} 14-16 5 EA. $ 800'''- <$ 4.000.- 1 EA. $ 90.0.- S gOO 6 EA. $1 C;O~ $ q ,noo 2 EA.< $]900 - $ 1 Rnn , - C. Specials a} Sewage Pumping Station b} Force Main, 6" D.I.P: c} 36 x 6" Tapping Tee & Valve d} Fitting CD.I.P.} 1 900 . < < EA. - '$.5'0', UO'O:. - " '$.~ ~o. -__ LF $ R sn $ 7 650 _ , .. 1 0.20 EA. TN. $ 8,OOO~- $ R,nnn< $< 3,500~- S 700 -< D~' . < Laterals " a} b} ,0 6" V.C.P. Pipe - 6" Clean-outs 980 5a LF $',' 6'~~ ElI..' $ "7 s'" .:. $5,880.- -.:-- ..-...... $ ~,200. -- .. - SUBTOTAL(Ir) . : :$, 12,6:, :43:0 . - page - 2 ~Lj1< .. o July 25, 1983 < " * 'Revised <Aug. 3, 1983 - *Revised Aug. 16, 1983 ENGINEERING COST ESTIMATE LAKES OF TARA -"PHASE I JOB #82-301 ITEM DESCRIPTION !"UNIT QUANTITY . UNIT PRICE TOTAL COST III WATER DISTRIBUTION A. D.I.P,,' Water Mains 1. 10" D.I.P. 2. 6" D.I.P. 3. 4" D.I.P. 4. 8" I?!I.P. B. Gate Valves 1. 10" 2. 6"- 3. 4" C D. IV A. 3,811 670 175 72 10 3 1 Laterals 1. Single, 1" PE Tubing 2. Double, 1~" PE Tubing 410 930 Specia'ls 1. Fire Hydrants (Including valve~) 2. Fitting 3. Canal Crossing 3-10" corner piles w/saddle. 4 2..5 LF LF LF LF EA EA EA LF LF EA TNS '$" . 12 <. 50 . <$ 4 7 ~ 6 3 8 . - <$" < , '8'.50 . <$< '5.695.- "$<" '6'.50 ' $< 1.138.- '$' . Yo'. 50 ' '$' , < 756.- <$ <4'0<0. - "'$'4.000.- '$< '2"5<0". - "$ < 75<0.- '$< 1'5<0'.- "$'.150'.- '$' . <5<. 50 $ 2. 255 . - '$" "6<. '50 "'$' "6' ,OA 5.- '$ '1' ;1'0 0 . ~ '$4,40"0.- '$<3' ,"5"0<0. - ' '$' '8,"750.- 1 EA '$'3< ,'00<0. - ' '$< "3,<000.- SUBTOTAL (III)"'.. < , < , . , " , . <$84,577.- SPECIALS' Street< Li<ghting 1. On-Site 2. Off-Site 18 8 B. Recreation Facilities 1. Building, 1,200 SF 2. Pool, 26x40 w/deck C. D. E. 1 1 Traffic SignaY & Acessories 1 Acess Rd. Sidewalk,S' wide 390 640 Acess Rd. Bike Path, 8' wide ,EA EA EA EA EA SY SY SUBTOTAL (IV) GRANDTOTAL (ITEMS I-,IV) "$ < '70<0.- '<$1'2,<600.- '$<' 70n.-"$ '5.600.- $70,000.- $70,000.- $25,000.- $25,000.- . $20,000.- $20,000.~ $ 8.- $ 5.- $ 3,120.- $ 3,200.- $139,520.- $549,147.00 p (;. va~ "-" :lJ..fV: "".,.;..e i-lW UJN. tJ./ C'.' f~r fh ,; J I1ter.JeC~ .. /I~ page - 3}f1 S/{), /r~ G~~ . VJ c::.~!nk ~/.).z./$"3 ,J 0 .,V ~ , -.< 1'-- . . J'J '<./ < ~ < , . , Ju1y 25, 1983 '. .Ii:!,,' i El~GINEERING COST ESTI1.j]1TE n .. * Revised July 28", 1983 r( LAKES OF TARAH- ;HAP.ke1~~~~~::;~~- * Revised Aug. 3, 1983J\~~0 m-301 __D~tl(. --; < Time ~ TOTA't I TEN DESCRIPTION QUANTITY UNIT PRICE COST ~ I. PAVING AND' DRAINAGE A. Site Clearing 14 B. Earthwork : C. 1) Fill (1.2 Compactor factor) 2) Excavation 3) Excavation Stock Piles Pavement: 6,560 6,560 5,290 1) IJ:zACSC w/8" Shell Base and 12" Stab. Subgrade (SW Congress Blvd. - Offsite) 2,400 2) 1J:z ACSC w/8" Shell Base and < 12" Stab. Subgrade (Onsite) 5,400 3) 2" Type II ACSC w/12" Shell and 12" Stab. Subgrade (Congress Ave. -Offsite) 1,080 ~ ~) 1" Type II ACSC overlay 3,950 D. Storm Drainage: 1 ) CHP a) 15" CMP b ) 18" CMP c ) 30" CMP d ) 3 6" CMP e ) 4 8" Ct-fi' 770 865 210 400 560 2) Catch Basins (5' Dia.) Catch Basins (4' Dia.) 2 16 3) Manholes: a ) 4' Dia. b) 5' Dia. 4 2 4) 5J 1 Control Structure Headwall - 48" pipe 7.5 E. Re-shape Lake Bank 800 SUBTOTAL ~4q ~ AC. $ 400.- CY CY CY SY SY SY SY LF LF LF LF LF Ea . Ea. Ea. Ea. Ea. <CY FL $ 0.40 $ 0.74 $ 0.25 $ 9- $ 9.- $ 12.- $ 1.50 $ 15.- $ 17.- $ 25.- $ 30.- $ 45.- $ 900.- $. 800.- $. 800.- S. qnn - $3.000.- $ 5,600.- $ 2,625.- $ 4,920.-. $ 1,325 < $. 21,6<00.-. $48,600.- $12,960.- $ 5,935.- $11,550.- $14,705.- $ 5,250.- $13,000.- $25,200.- $ 1,800.- $.",800 - $. 3.200.- $l,Rnn- . '$' TOO<.- . '$< 750.~ $. 3.000.- ''$''"2."50 "$2,"000.- $198,620.00 Ju)y i"s, 19t3 * Revised Aug. 3, 1983 EnGI1~EERING COST ES1'IHATE LARES OF TARA - PH1~SE.I' : JOB 1182-301 ITEM DESCRIPTION QUANTITY UNIT UNIT RPICE TOTAL COST II SANITARY SEWER SYSTEM A. Sewer Mains 1. 811 V.C.P. a) 0-6 b) 6-8 c) 12-14 d) 14-16 627 LF $ R C:;O $ C:;,~~O 112 LF $ 10< - $ 1 l?n . 570 LF $ 20.- $11,400 550 LF $ 25.- $]~,7C;0 - B. Manholes a) 0-6 b) 6-8 c) 12-14 d) 14-16 5 EA. $ 800.- $ 4.000.- 1 EA. $ 900.- S 900 _. 6 EA, $JC:;oo $ q ,000 2 EA. $]CJoo - $ ~,ROO - C. Specials a) Sewage Pumping Station b) Force Main, 611 D.I.P. c) 36 X 611 Tapping Tee & Valve d) Fitting (D.I.P.) 1 900 <. < EA. . <$ 6'0<,-00'0... - . '$'[O,JLg 0 . - -" LF $ R C:;O $ 7 650 - . - ~ 1 0.20 EA. TN. $ 8 000' - $ R,OOO $ 3:500~- S 700- D.." Laterals a) 611 V.C.P. Pipe b) 611 Clean-outs 980 Sa - LF $ 6 < . E1\. $<'75 ~ $-.? ,~8 8 ~,~ <--' $ 4,200.- SUBTOTAL . .$. 136,:430.- jf4? ~ .. : -...... ..., :', .' .. :,.. .... .. July 25, 01983 ENGINEERING COST.<<ESTll1ATE '.~ ....". * Revised Aug. 3, 1983 LAKES OF TARA - PHASE I JOBt82;"';30l< .,)<"' ...;', . ITEM DESCRIPTION QUANTITY UNIT UNIT RPICE TOTAL COST III -, 0 WATER DISTRIBUTION A. D"I.P. Water Mains 1) 10" D.I.P. 3,811 LF $ 12.50 $47,638.- 2) 6" D.LP. 670 LF $ 8.50 $ 5,695.-: 3) 4" D.I.P. 1'75 LF $ 6.50 $ 1,138.- 4) 8" D.I.P. 72 LF $ 10.50 $ 756.- B. Gate Valves 1) 10" 10 Ea. $ 400.- $ 4,000.- 2) 6" 3 Ea . $ 250-.- $ .750.0- 3) 4" 1 Ea. -$ 1500.- $ 150.- C. Laterals 1) Single, I" PE ~ubing 4ITi LF $ 5.50 $ 2,255.- Doubl e, 1~" Tubing , . 2) PE 930 LF $ 6.50 S 6,045.- D. Specials 1) Fire Hydrants ~ (Including valves) 4 Ea.< $ 1,100.- $ 4,400.- 2) Fitting 2:5 TNS. $ 3,500.- $ 8,750.- 0- 3) Canal Crossing 1 EA. $ 30,000<.- $ 3,000.- 3-10" corner piles w/sadd1e. * IV SPECIALS A. Street Lighting II On-Site 18 Fa. o $ 0 "700.- 0$12,<600.- 2) Of:f-Site 8 Ea. o $" 0700<.- " $ '5,'600;- B. . Recreation Facil~ties 1) Building LS $70,000.- $70,000.- 2) Pool LS $25,'000 $25,000.- SUBTOTAL -$177.777.- G:R.AID 'IUrAL Pli1\.SE - I...............................:;S. .512.;~82.7..'()O $051 " M E M 0 RAN DUM '" August )_, 1983 TO: Mr. Carmen Annunziato, City Planner FROM: Tom Clark, City Engineer Re: Tara" Lakes Preliminary Plat, T.R.B. Meeting 7/26/83 The T.R.B. review of the subject plat stipulated that the follow- ing items be corrected and included with the materials submitted: 1. Chords for 25 ft. radius shown at typical street intersections. 2. Title certification is required.. 3. Scale and north arrow required on first sheet 4. Location sketches should indicate Phase I and Phase II. 5. Off-site easements and dedication for lift station to be shown. 6. Boundary description and the boundary drawing do not close. A scrivener's error should also be corrected in the description. 7. Name should be changed because of similarity to existent subdivisions. 8. . . . , Drainage easements for p1pes serv1ng pr~vate streets should be dedicated to Homeowner's Association. 9. A l~ater<Management District letter ~oncerning conceptional approval should be submitted. 10. Section C-C should show sidewalk and 8' bike path. A sectior. should be shown for private roadways. 11. The cost estimate should include the cost for sidewalks and street lights in public rights of way and the cost of a traffic signal as per County Traffic Engineer's letter of June 20, 1983. Definitive street lighting plans required for private streets. . A print of the plat with T.R.B. review sign-off initials is forwarded herewith alon9 with five copies of updated prints received this date. P&Z Board shall establish recreation and park fee. PleRse note th~t r.nmmp.ntr. 1, 2, 3, 6 and 7 have been addressed with appropriate corrections. TAC:mb Attach. 6f).A -v~~/ 'fom Clark ~ <; < . -:-~ ,,-1 ('. "{ ) (1 0' ~ -:. M E M 0 RAN DUM ," August :<3_, 1983 TO: Mr. Carmen Annunziato, City Planner FROM: Torn Clark, City Engineer Re: Tara Lakes Preliminary Plat, T.R.B. Meeting 7/26/83 The T.R.B. review of the subject plat stipulated that the follow- ing items be corrected and included with the materials submitted: 1. Chords for 25 ft. radius shown at typical street intersections. 2. Title certification is required. 3. Scale and north arrow required on first sheet 4. Location sketches should indicate Phase I and Phase II. 5. Off-site easements and dedication for lift station to be shown. 6. Boundary description and the boundary drawing do not close. A scrivener's error should also be corrected in the description. 7. Name should be changed because of similarity to existent subdivisions. . 8. Drainage easements for pipes serving private streets should be dedicated to Homeowner's Association. 9. A Water Management District letter concerning conceptional approval should be submitted. ' 10. Section C-C should show sidewalk and 8' bike path. A section . should be shown for private roadways. 11. The cost estimate should include the cost for sidewalks and street lights in public rights of way and the cost of a traffic signal as per County Traffic Engineer's letter of June 20, 1983. Definitive street lighting plans required for private streets. . < 'A print of the plat with T.R.B. review sign-off initials is forwarded herewith along with five copies of updated prints.received this date. P&Z Board shall establish recreation and park.fee.' Please note thnt comments 1, 2, 3, 6 and 7 have been addressed with appropriate corrections. TAC:mb Attach. .y~~ ~ 530m Clar- - - - f'........- \%%1\- \" M E M 0 R ANDUM f'\ p TO: Mr. Carmen Annunziato, City Planner . August 1, 1983 Receivel:~6 - ~ Date ~-: Time - / FROM: Tom Clark, City Engineer / Re: Tara Lakes Preliminary Plat The T.R.B. review of the subject plat stipulated that the follow- ing items be corrected and included with the materials submitted: 1. Chords <for 25 ft. radius shown at typical"street intersections. 2. Title certification is required. 3. Scale and north arrow required on first sheet 4. Location sketches should indicate Phase I <and Phase .II. 5. Off-site easements and dedication for 1~ station to be shown. 6. Boundary description and the boundary drawing do not close. A scrivener's error should also be corrected in the description. 7. Name should be c<hanged because of similarity to existent subdivisions. 8. Drainage easements for pipes serving private streets should be dedicated to Homeowner's Association. 9. . A Water Management District letter concern~ng conceptional approval should be submitted. 10. Section C-C should show sidewalk and 8' bike path. A section should be shown for private roadways. 11. The cost estimate should include the cost for sidewalks and street lights in public rights of way and the cost of a traffic signal as per County Traffic Engineer's letter of June 20, 1983. other comments from staff are included in memos as follows: _. - ----. Memo from Perry ces~~~ -:--- . [{--- ~..t.c.. UIJ~... ....A--~..pIJ ..-v'.' r (: C'l ~<'<C '. " ( .. :,< .J .~ ,..v.'T'f--' ...-1..../... , ~ II 6651 " \. \ . , ,I, '-; pA.l"C. Ju1.'1 2.1, '.~__S3 ,,' ':' ' .', '," ~ ~.~-~ S\lllIEcr: \J:;a1<~ ~\ \. '.' ~ < \ . ..-:p---i , " ,OLO ~ \ ,,\ ' ' , '\ " \io~arded b~re"'i.tb i.s a certi.fi.ed c~Pr \\of. tb~ sa~e!\ agreement \foi\tbe subject propertY' ! \ ,\ ' \\\' \ , \ \'\' r:, \ rJ,;e:rob \ \i\~aCb. \'\ < ~ \ \ " \ \ II ' , , .---\ slGNEt> ......---t: \ . PLE..SE ,,~~p' :to ~ ' ' ' " \ \\ nC<p' V ~\.<l'\:'. \/'J.~' . \\ .... ~ "\"" I'" " nIt ' '1\ ~\ \'~\'t/)) u D () / ).\'- i'< I. 0 6 A"-::;: '-f d . \' ;. \ \ '.. < \ i ' \ \' 0',01 (l)< ~r '" /.06 \\ " I' '\ ; \\ \\ . \\ \ \'. '. ',\ \,' '\\ . I' 1\ ~.2Ja - . < ~ ,< \' . ,. ',~ . ~'. \. . <'j '. ~ ' . .' ~ ,',\i': . ' ~;' \ '; \ ". " . \\r.\ \\\:,\ .i" ~. ' ~\ ~, ; '1.~. l, '. : \.\ \ \\ \ . \ )\ \; \\ r. , ~ . \\ \ ~ ~I i;' (.1', l,\\:< . \\ ~- !'.I, ('.\' y, : ~':lO~<ate~ ",' i.'.' .:.; rfJ^- ~ : II 'Ti rev=-'-': . , < \.. -.l:~ ' ~ ...\,' Ci-t:y EngineeI: \ , . " - - ~ - - .( "'"'" '-. -- \ ~,,,.-..., 1410. C~'i:1I\en- p.nn""..i.a:to, citY 1?1:.a.nne~.< < \ ,1 " o ATE: \ 1\ \ I \~ \\ t, ,it. I" __. ",a nt\OUP It~C. . ' , , ~ \ -. ) \ \ ;Lf{):f " ~ ) \ \ \ \ ,\ \ \ \ \ \ \ \ ..J; 5:..1'\ ----- 'l.__&--~- I / d8IIII '.E' (' ,-.., , . '\~. ,r Tar.a Development Group Ju.ty 26, 1983<< . cU:.y 06 Boyn:ton Beac.h 120 N.E. Sec.ond Avenue Boyn:ton Beac.h, FloJUda. RE: Copy 06 Sa.te.6 Ag!teemen:t Gen.te.emen: Enceo.6 ed ptea.6 e < 6.i.nd copy <06 .6a.te.6 ag!teemen:t wUh !te6 eAenc.e :to the p!topeJuty loc.a;teel on :the 'We.6:t .6.i.de 06 Cong!te.6.6 Avenue j!L6:t nolLth 06 (QoolbJUgh:tRoa~, Boyn:ton Beac.h. <<. We do heAebyc.vc.:t<.6Y :that :the enceo.6 eel c.on:tJta.c.t .L6 a .tJr.ue c.opy and :tha.:t :the pWLC.hct6 e pJUc.e peA aCJLe.L6 $40,000.00. 1 . 9 J .ton TARA VELOPMENT'GROUP IJ/j.6< < EnceO.6WLe' STATE OF COUNTY OF F LORIVA BROWARV 1 heAeby c.vc.:t<.6y:tha.:t on:tfU.6 da.y, be60!te me, l!tv.i.ng Jablon 06 TaILa.. Veve1.opmen:t peJL6on.a..Uy appe.aJLed and ac.know.tedged :that :the ence0.6ed .L6 a :tJi.ue ~opy 06 .6a.te.6 tig!teemen:t r) f) . < <-, t~ 'lV' - l'~ ~<: NOTARY PUBLIC _ l-IOTARY PUBLIC STATE OF rt.ORIOA-;- -_.':<.< : r MY CO.\\MISSIU... E -P'o . 7\T LARGf < - 1l0t-lDED' " '" <, ".~... no; ~ 1984 . I'- -, lHRU G_4"\1.. J. . ....VI.. ~....'b-....,\....\I,~l,'~ . -- . EXECUTIVE OFFICES /10195 W. SAMPLE ROAD / 90RAL SPRINGS, FLORIDA 33065 " 305. 752-0095 / SALES CENTER 305. 7S3-2750 1 I .(.. .. <,-;;~ COP I := ~~ ...., 'J ('\ ,/1 . < \0<' .. .. ".I. 1_', '~'_. ...... . ,- J AGREEMENT OF SALE AND PURCHASE < ' . . THIS AGREEMENT OF SALE AND PURCHASE (IIAgreementll) made as of the \ l!b of NOlle\N\~~, < 1982, by and between HIGH POINT OF DELRA Y BUILDERS NO.2., INC., a Florida corporation, having an address at 1175 N .E. 125th Street, North Miami, Florida 33161 ("Sellerll) and TARA DEVELOP- MENT GROUP, INC., having an address at 10195 West Sample Road, Coral , Springs, Florida 33065 ("Purchaserll). WIT N E SSE T H: WHEREAS, Seller < is the present owner of the following-described parcel of real property. situate, lying and being in Palm Beach County,. Flori~~: That certain parcel of land legally described in Exhibit 1 attached hereto and incorporated herein by reference (hereinafter referred to as the IILand");. and WHEREAS, Seller has agreed to sell the Land and Purchaser has agreed to purchase the Land, all for the price and pursuant to the terms, conditions and provisions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby ac- knowledged, the parties hereto, each intending to be legally bound, do here- by represent, warrant, covenant and agree as follows: 1. Sale and Purchase of Land. Seller hereby agrees to sell the Land to Purchaser, and Purchaser hereby agrees to purchase the Land from Seller, upon the terms, conditions and provisions hereof, and Sell~r shall validly transfer, assign and convey to Purchaser on the "Closing Date" < (as herein- after defined) the fee simple title to the Land subject to the "Permitted Encum- brances" (as hereinafter defined) and Purchaser shall accept such conveyance. 2.. Purchase Price. The aggregate purchase price to be paid by Pur- chaser to Seller for the Land shall be the. sum of THREE MILLION SIX HUNDRED THOUSAND DOLLARS ($3,600,000) ("Purchase Price",). . \ 3. Method of payrfient. The Purchase Price shall be paid as follows: (a) The sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) (IIEscrow Deposit") shall be paid by attorneys' trust account check simultane- ously with the execution of this Agreement to Ruden, Barnett, McClosky, Schuster & Russell, Trust Account, as escrow agent ("Escrow Agent") which Escrow Deposit, with interest thereon, shall be held in escrow by Escrow Agent as provided in this Agreement. (b) In the event Purchaser has not terminated this Agreement as provided in Paragraph 5., then on or before the end of the "Inspection Completion Date, II as hereinafter defined, Purchaser shall pay to Escrow Agent by attorneys' trust account check an additional deposit in the amount of Fifty Thousand Dollars ($50,000) ("Additional Deposit") which Additional Deposit with interest thereon shall be held in escrow < by Escrow Agent as provided in this Agreement. All deposits delivered to Escrow Agent (Le., the Escrow Deposit and the Additional Deposit, if and when made) are herein- after referred to as the IIDeposit. II -.. ~5&;. "~ .. i /' ~A)\ . </ ). II ; I \ . . I < fI r-~ . .' . '. . . . ,. , . ;0 . . . < . , (c) The sum of. FIVE HUNDRED FORTY THOUSAND DOLLARS ($540,000) shall be paid to Seller at the Closing by cashier's check, of which the Deposit delivered to Escrow Ag~nt and the "Fill Credit, II as hereinafter < defined ~,shall be a part thereof ("Cash' Po'rtion"). In consideration of the payment of the Cash Portion to be paid at Closing, Purchaser shall, be entitled to a release from the lien of the "PM Mortgage," as hereinafter defined, of 9.68 acres which shall be released in accordance with the "Agreed Release Pattern," as hereinafter defined, (" Initial Release Parcel"). (d) The balance of the purchase price (i. e. of THREE MILLION SIXTY THOUSAND DOLLARS [$3,060,000]) subject to the adjustments and pro- rations hereinafter provided, shall be evidenced by Purchaser executing and Seller accepting a promissory note in the form of Exhibit 2 attached hereto and made a part hereof ("Note"), which Note shall be secured by a purchase money mortgage in the form of Exhibit 3 attached hereto and < made a part hereof ("PM Mortgage"). 4. Title Evidence. Seller shall, within thirty (30) days of the execu- tion of this Agreement, furnish to Purchaser a commitment for a Policy of Owner's Title Insurance (ALTA Form A) covering the Land ("Commitment"). The Commitment will show that Seller is vested with and will convey to Pur- chaser good marketable and insurable fee simple title, free and clear of all liens, encumbrances and qualifications, subject only to the "Permitted Encum- brances" listed on Exhibit 4 attached hereto and made a part hereof and the, standard preprinted exceptions contained in the AL T A Form A Owner's Title Insurance Policy (IIStandard Exceptions"). Purchaser shall have ten (10) days from the date of the receipt of the Commitment to examine title. In the event Purchaser does not object in writing to the status of title within said ten (10) day period, Purchaser shall be deemed to have accepted the status. of title to the Land. If Purchaser has any objections to title, other than Permitted Encumbrances or Standard Exceptions, Purchaser shall, within said ten (10) day period, notify Seller, in writing, specifying the objections. Seller shall have sixty (60) days from receipt of such notice to cure the objections, and if after said period Seller shall not have cured the objections for any ,reason, Purchaser shall have the option of (a) accepting title as it tpen is, or < (b) immediately demanding a refund of the Deposit delivered to Escrow Agent 'with interest thereon, which shall forthwith be returned to Purchaser, and thereupon Purchaser and Seller shall be released of all further obligations under this Agreement, except as set forth in< Paragraphs 11., 13. and 30. to the extent applicable. \ 5. Conditions of Purchaser's Obligations and Purcha<ser's Right To Ter- minate Agreement. Seller and Purchaser hereby acknowledge that as of the date of the execution of this Agreement, Purchaser has not yet had an oppor- tunity to review and evaluate all aspects of the Land. If on or before 5: 00 p.m. on a date which is one hundred twenty (120) days from the date of the execution of this Agreement ("Inspection Completion Date") Purchaser deter- mines in jts sole and absolute discretion that the Land is unsatisfactory to Purchaser for any reason, then Purchaser shall have the right to give notice to Seller electing to terminate this Agreement provided such notice is received by Seller no later than 5: 00 p. m. on the Inspection Completion Date. In the event such 'written notice is received by Seller prior to <5:00 p.m. on the Inspection Completion Date, then and in such event, Escrow Agent shall refund to Purchaser the "Remaining Deposit", as hereinafter defined, with interest thereon, and the parties shall be released of all further obligations each to the other under this Agreement, < except as set forth in Paragraphs 11., 13., and 30. In the event Purchaser fails to terminate this Agreement pursuant to this Paragraph, in writing, on or before 5: 00 p. m. on the Inspec- tion Completion Date, then Purchaser shall be deemed to have conclusively ---... 2 cpP8J <i.' ,':", -j 01~. '" ' . .. . (' << T 6. Preliminary Development Plan. In the event Purchaser' desires to amend the preliminary plat <approval by the City of Boynton Beach, Florida, issued with respect to the Land on August 4, 1981 ("Preliminary Plat") or the site plan previously approved by the City of Boynton Beach, Florida, a copy of which is attached hereto as Exhibit. 5 ("Site Plan"), then Purchaser shall prepare and sub~th!h2eller a Preliminary Development Plan ("PDP") for the Land within, ~. '(!j}) days from the date of the execution of this Agreement ("PDP Delivery Date"). In the event Purchaser delivers the PDP to Seller on or before the POP Delivery Date, then Seller shall have ten (10) business days from receipt of the PDP in which to review and approve, which approval shall not be unreasonably withheld ("PDP Approval"), or disapprove said PDP. In the event that Seller does not approve said PDP, the Seller shall < give written notice to Purchaser specifying the reasons for such disap- proval ("Disapproval Notice"). prior to the expiration of said ten (10) business day period. In the event Seller does not send a' notice of PDP Approval or a Disapproval Notice within such ten (10) business day period, Seller shall be deemed to have approved the POP submitted by Purchaser. Upon its approval by Seller, the POP shall be the "Development Plan" for the Land. In the event Purchaser delivers the PDP prior to the PDP Delive!y .~ate and Seller sends the Disapproval Notice, then Purchaser shall have ~~,(3.0) ~jl.l'lWl5" days from receipt of the Disapproval Notice in which to (i) agree, in writing, to all changes specified in the Disapproval Notic~r (in) terminate this Agree- , / ment whereupon the Deposit with interest thereon shall be returned to Pur- :j}) chaser and the parties released of all further obligations <each to the other AY under thiS~reement except as set forth in Paragraphs 11.~. and 30. In ?1}?) the event." < u:ch~~..f\ dHSs not deliver such written notic~rminating this ~ Agreemen~ mlri....'sinM ~ 0) uu~lr~~-day period": then Purchaser shall be deemed to have waived its ~ts < to terminate in accordance with the terms of . this Paragraph, Purchaser shall be deemed to have agreed to all changes ']1 spe~ified in the Disapproval Notice and this Agreement shall remain in full !, ...) force and effect.. < ~~-' , .~ ~ __ 7. Completion of Soil Work. Seller hereby agrees that at Closing, Purchaser ~tfieive a credit against the Purchase Price in an amount of ~i~~~ "\.w' . ollars, ($ \~G25C ) less the amount of the Deposit which is disbursed by crow. Agen to Purchaser to reimburse Purchaser for com- pleted < "Dredge and Fill," as hereinafter provided in this Paragraph ("Fill Credit"). In the event that after the Additional Deposit has been delivered to Escrow Agent and tJAe -r:t1tJSW in:--paragraph 5. waived,. Purchaser desires to dredge up to ~~~ ':f!i3 efiB1c yards of fill from the portion of the Land located between the existing lakes as shown on the Site Plan, and to place such fill material on the northeast quadrant of the Land ("Dredge and Fill"), Seller hereby agrees that Purchaser shall have the right to go onto the Land' to perform such Dredge < and Fill, provided Purchaser complies with the requirements of all governmental agencies having jurisdiction. Seller and Purchaser hereby agree that the Escrow Agent is authorized to disburse all or any por.tion of the Deposit (excluding any interest earned thereon) pre- viously del!vered to the Escrow Agent to either (a). Purchaser or (b) the contractor performing <the Dredge < and Fill Work ("Contractor") or (c) jointly to the Purchaser and Contractor to pay for the bona fide expenses of com- pleting the Dredge and Fill work, upon receipt by Escrow Agent of (i) bona fide invoices with respect to the portion of the Dredge and Fill operation from the Contractor, (ii) a release of lien from all contractors, sub--contractors and materialmen with respect to such work and (iii) a certificate under seal from , . ':, \ ~~ I: }\ -- D .' ~./ <7 ,... . l \ \. oj J :L;~ '<X (\ r-\ . < . ", " . . . . . . waived the condition set forth in this Paragraph and Purchaser shall have no further right to terminate this Agreement pursuant to this Paragraph. The provisions of this Paragraph shall pr~vail over any other Article or Paragraph of this Agreement in the event of any conflict or ambiguity. ~ ----. ,. -* ~i~s:h.f,r.ILciiI,-Ik.~r~~,*( i~ ~b.~ lfi;:a <.}+ It mbl'd,4ed < ~=* 1Sri~~~iA-~ ,~+ :.A_ '~',6i . _'_. Ob~,~ +ti t(..'li.~ / - //,(r ~~\ If ~~J c.f- ~/feR.. ~ A MtJf:fct~ ( ( '/)'y' \..JZf. i..9; 1? IK. f Wi'f)'4~ i'u ~,./) ~ ! (.J . y'(J {p / f{ 't . . ......1. < ,<~,;vr .. , .' <..', . OD ,.,. 3 ('. (\ . . . t . . .. , , Purchaser's. surveyor that < the portion of the fill which has. been dredged as set for~ in such invoice has been placed. On the northeast quadrant of the Land. < The determination. as to whom such portion of the Deposit. should be paid as provided in subparagraphs (a), (b) or (c) above shall be made by Seller. Simultaneously with the payment of such portion of the Deposit as heretofore provided, the Escrow Agent shall be released of any and all obliga- tions with respect to the portion of the Deposit delivered to Purchaser, and for purposes of this Agreement, the "Remaining Deposit" shall only mean such portion. of the Deposit that has actually been paid to the Escrow Agent, less any and all sums disbursed by Escrow Agent as set forth. in this Paragraph. 8. The Closing; (a) The closing of title hereunder ("Closing") shall take place at the offices of Ruden, Barnett, McClosky, Schuster & Russell, P.A., 110 East Broward Boulevard, Twenty-Third Floor, Fort Lauderdale, Florida 33302 commencing at 10:00 a.m. on May 16, 1983. (b) Unless the title company issuing the title insurance to the Purchaser ("Title Company") is willing at Closing to issue its title policy (deleting all preprinted exceptions) subject only to the Permitted Encum- brances, there shall be an escrow closing pursuant to which aIr monies and other documents shall be held in escrow by the Escrow Agent under an Escrow Agreement reasonably satisfactory to the Purchaser < and the Seller pending (i) prompt recordation of the deed and mortgage; and (ii) issuance by the Title Company of the title policy (with preprinted exceptions deleted) subject only to the Permitted Encumbrances. Until such. recordation and issuance of such title policy,' the closing proceeds and other closing documents shall be held in escrow by 'the Escrow Agent. In the event that within five (5) business days after the Closing, the Title Company is not prepared to issue such title policy, then Purchaser shall have the option of (i) accepting title as it then is, whereupon the closing proceeds shall be disbursed to Seller or (ii) Pur- chaser shall have. the right to demand in writing that this Agreement be terminated, < whereupon Purchaser shall record a Special Warranty Deed, re-conveying the Land from Purchaser to Seller, and simultaneously there- with, the monies then being held in escrow shall be disbursed to Purchaser, and Seller and Purchaser shall be released of, all further obligations each to the other under this Agreement .and except as set forth in Paragraphs 11., 13. and 30, to the extent applicable. A t. the Closing Seller < shall be entitled to all interest earned on the monies held in escrow until disbursal of the closing proceeds and Purchaser shall not receive a credit against the Purchase Price for such interest paid to Seller. 9. Prorations and Adjustments: Municipal improvement liens where the work has been completed or has physically commenced as of the Closing (certified liens) shall be paid by Seller at Closing. Municipal liens which have been authorized but where work has not commenced as of the Closing (pending liens) shall be assumed by Purchaser. Real property taxes are to be prorated (based on maximum allowable discount) between Seller and Purchaser as of midnight on the day immediately preceding the Closing Date. Real property taxes shall be prorated on the basis of the current year's tax if <known. If the Closing shall occur before ~... 4 %6~ q f./fio) r, , , ('. . . . t. . . . . , . , the amount ,of current taxes can be determined, such taxes shall be appor- tioned upon the . basis of the taxes fqr the most recent fiscal year applied to the latest assessed valuation and shall be promptly readjusted when the cur- rent taxes are ascertained, and a < statement' to that effect is to be set forth on the closing statement~ 10. Documents to be Delivered at Closing and Expenses:< , (a) At Closing ,simultaneously with the payment of the Purchase Price by Purchaser, Seller shall deliver. or cause to be delivered to Purchaser the following: (i) A Special Warranty Deed ("Deedll) from Seller conveying the fee simple title to the Land subject only to the Permitted Encumbrances, which Deed shall be substan- tially in the form of Exhibit 6 attached hereto and made a. part her'eof. (ii) A standard < mechanics' lien' i3-ffidavit executed by Seller with respect to any work performed by Seller. (ili) All plans, surveys, engineering and documents (excluding architectural and/or building plans) which Seller has in its' possession pertaining to the Land, on and offsite (which shall have been paid for by Seller), provided 'there is no representation as to the accuracy of any such documents. . (1v) An Assignment, without recourse or warranty, of any rights reserved under that certain Special Warranty Deed recorded in Official Records Book 3470, Page 1381, of the Public Records of Palm Beach County, Florida; provided however, the Purchaser hereby acknowledges that the Seller has previously consented to the archi- tectural plans of the grantee as set forth in such deed. (b) At Closing Purchaser shall deliver to Seller the following: (1) monies required to be paid< pursuant to Para9r~ aph 3 of <this Agreement; (ll) the Note; (ill) the PM Mortgage; ----... '< (iv) a Secretary's Certificate and a Certificate of Good Standing from the Secretary of State of the State of < < Florida; and (v) a Guaranty in the form of Exhibit 7 < attached hereto and made a part hereof to be executed by Samuel Berman (the sole Shareholder of Purchaser); and (c) At Closing,' Seller and Purchaser shall mutually execute and deliver to each other a Closing Statement in ,customary form. , . Cd) State documentary stamps required in connection with the Deed and intan'gible tax on and recording of the PM Mortgage shall be paid for by Seller. Documentary stamps to be affixed to the Note and the cost of record- 5 ,$f /aO /'}\/ rrAj I .: " fin! ' - - -- ~~~--~ . . , (\ f) . . ,< . . . . . ing the Deed shall be paid by Purchaser. Each party shall bear their own respective attorneys' fees. The cost of the title insurance shall be split equally by Seller and Purchaser. 11. Brokerage. The parties hereto each represent to the other that the only broker instrumental in the negotiation and/or consummation of this trans- action is Land Unlimited,Inc. ("Au,thorized Broker"). All brokerage commis- sions or finder's fees which may be due to the Authorized Broker shall be the . , sole obligation of Seller. Seller hereby indemnifies and holds Purchaser. harmless from and against any cost, <.fees, damages, claims and liabilities, including, but not limited to, reasonable attorneys' fees and court costs arising out of any claim or demand or threats of claim made by the Authorized Broker or any other broker or sales person claiming by; through or under Seller in any manner arising from this Agreement, whether incurred by settle- ment and whether or not litigation results. Purchaser hereby indemnifies and holds Seller harmless from and against any costs, fees, damages, claims and liabilities, including, but not limited to, reasonable attorneys' fees and court costs arising out of any cla,im or demand or threat of claim made by any broker or sales person (excluding the Authorized Broker) claiming by, through or under Purchaser whether incurred by settlement and whether or not litigation results. The total commission payable from Seller to the Autho- rized Broker shall be ?77% of the Purchase Price ("Commission"), which Commission is contingent upon and will only be due and payable if, as and when, and to the same extent (that is, proportionately) as Purchaser shall pay Seller the Purchase Price pursuant to this Agreement, and in the event the Closing does not <occur for any reason, including but not limited to a default by Seller and/or Purchaser, then in such event, the Authorized Broker would not be entitled to any portion of the commission. The Autho- rized Broker and Seller hereby agree that at such time as the Seller receives payment of portions of the Purchase Price, the Authorized Broker would be entitled to 2.77% of such payments (i.e., by way of example, at such time as , Seller receives Five Hundred Forty Thousand Dollars ($540,000) at Closing, the Authorized Broker would be entitled to receive Fourteen Thousand Nine Hundred Fifty-Eight Dollars ($14,958) of the Commission, and thereafter, as Seller receives principal and interest payments under the Note executed by the Purchaser in favor of Seller, the Authorized Broker would be entitled to receive 2.77% of such amounts actually received by Seller. If Seller were to receive a principal payment of Fifty Thousand Dollars ($50,000) and an inter- est payment of Five Thousand Dollars ($5,000), then in such event, the Authorized Broker .would be entitled to receive Thirteen Hundred Eighty-Five Dollars ($1,385) of principal and One Hundred Thirty-Eight and 50/100 Dbllars ($138.50) of interest. Except to the same proportion that Seller actually _.,< receives payment of the Purchase Price at Closing and by virtue of principal and interest payments under the Note, the Authorized Broker shall not be entitled to receive any Commission whatsoever. The maximum Commission payable to the Authorized Broker based upon cash paid at Closing and princi- < pal payment under the Note shall not exceed $100,000. In the event Seller is required to foreclose on the Note and Mortgage, and/or take a deed in lieu thereof, the Authorized Broker would not be entitled to any. further portion of. the Commission or any compensation based on any sums received by Seller for any foreclosure sales, or any private sale of the Land secured thereunder or any portion thereof, or by virtue of the Seller having re-acquired the Land secure'd by the PM Mortgage. This Paragraph shall survive the Closing ij.O or termination of this Agreement. ti" 7 12. Assignment. This Agreement is not assignable by Purchaser without Seller's prior written consent; provided, however; that no such consent shall be necessary with respect to the assignment of this Agreement to a joint venture between Purchaser and a federal or. state bank or savings 6 yb (PI 1'/ lh ( ,/) (/( </ ) ~ ("'\, "0 o 0 . '< " and loan association < ("Institutional Lender") or with a wholly-owned sub- sidiary of such Institutional Lender, As < a reasonable condition to Seller's consent to any assignment, the assiQnee shall execute and deliver such docu- mentation as Seller may require wherein -the' assignee will agree to be bound by and. perform all the terms, covenants and conditions of this Agreement on Purchaser's part to be performed hereunder 0 Seller shall not be required to < recognize any such assignee unless Seller has been delivered a copy of the Assignment and such assignee assumes all obligations under this Agreement. Notwithstanding any assignment by Purchaser, Purchaser shall not be re- leased of its obligations under this Agreement. . 13" Right of Access. (a) During the term of this Agreement, Purchaser, its agents, em- ployees and representatives, may have access to the Land at all times subse- quent to the date of execution of this Agreement with the right to inspect tile Land and to conduct all tests and borings thereon as Purchaser, its licelised engineers, surveyors and the like shall deem reasonably necessary or desirable. Any entry on or to the Land by Purchaser or <its authorized representatives pursuant to the provisions hereof <(including, but not limited to, any Dredge and Fill work performed by Purchaser) shall be at the risk of Purchaser; and Purchaser hereby indemnifies, holds harmless and exonerates Seller from all loss, claim, liability, action or demand arising therefrom or connected there- with. Purchaser further covenants and agrees that it will protect, save and keep Seller forever harmless and indemnified against and from any and all mechanics' and other liens against the Land by reason of any work, labor, services or materials performed or supplied or claimed to have been performed or supplied to Purchaser. If any such lien shall at any time be filed, Pur- chaser shall either cause the same to be vacated and cancelled of record within ten (10) days after the < date of the filing thereof or if Purchaser in good faith determines that such lien should be contested, Purchaser shall <furnish such < security acceptable to Seller, by surety bond or otherwise, as may be necessary or be prescribed by law to release the same as a lien ",/ against the Land and to prevent - any foreclosure < of such lien during the f / j pendency of such contest. If Purchaser shall fail to 'vacate or release such r;e'/./I' lien in the manner and within the time period aforesaid, then, in addition to any other right or remedy -of Seller un~er <<this AQ:t~.~~\nt re~ulting from < Purchaser's default~ Seller shall have all rIghts and t~~8fSavallable at law orilr~"~quity ,Purchaser has: no right or power to create any liens against the Land, Purchaser shall be responsible to completely restore, the Land at the conclusion <of all tests and borings in the event <this Agreement is not closed. The indemnity set forth in this Paragraph shall survive the Closing or termi- nation of this Agreement. _.>< (b) Prior to Purchaser being entitled to enter on to the Land for any reason (including, but not limited to, entry - Jor tests, inspections or performing Dredge and Fill work), Purchaser shall be required to deliver to Seller a public liability and property damage, insurance policy with respect to the Land in which Seller shall be named as a named insured as its interests may appear in which the limits of public liability shall not be less than $500,000 per person and $1,000,000 per accident and in which property damage liability shall be no~ less than $500,000, 14. D'efault. (a) < If Purchaser shall default in the payment of the Purchase Price or otherwise default in any of the terms, covenants and conditions of this Agreement on the part of Purchaser to be performed, then Seller shall retain <the Remaining Deposit, with interest thereon, as full and agreed upon liqui- , , 7 yf' &:) ('JAlr1'fIJ ') - . .. --~~ ('. r\ .. . ~. . . ." . . . . dated damages in full settlement of any and all claims against Purchaser for damages or otherwise whereupon this< Agreement shall be null and void and of no further force and effect and neither party shall have any further liability or obligation to the other hereunder, except .that Seller shall not be limited to liquidated damages with respect to the indemnity in Paragraphs 11,., 13. and 30. hereof. The parties acknowledge that this provision for liquidated damages is a fair and reasonable measure of the damages to be suffered by Seller in the event of Purchaser's default because the exact amount of < damages are incapable of ascertainment. (b) If on or before the Closing Seller shall have failed to comply with any material term or provision of this Agreement, Purchaser shall have only the following rights: (1) to cancel this Agreement by giving notice to Seller and this Agreement shall be deemed to be terminated as of the date of such notice" in which event Purchaser shall be entitled to an immediate refund of the Deposit previously paid to Es<:=row Agent, with interest thereon; or (2) to take title subject to the defect, exception, objection, inaccuracy or failure without a diminution in the Purchase Price and the Closing documentation shall be amended to provide that Purchaser is taking subject to and Seller shall hav'e no liability for any such defect, exception, objection, inaccuracy or failure; provided in the event Purchaser' elects to Close pursuant to this subparagraph rather than terminate this Agreement as provided in (b)(l) above. If the provisions of Paragraph (b)(i) or (ii) are operative, Seller shall have the right to receive notice from Purchaser of the facts involved, and Seller shall have an opportunity, but not the obligation, to cure the matter in question as follows: If the matter in question can be cured by the payment of money, Seller shall have ten (10) days to effect such curing; and if the matter in question cannot be cured by the payment of money, Seller shall have a reasonable time to use its best efforts to< effectuate such curing not to exceed sixty (60) days. Without limiting Purchaser's rights contained in this Paragraph, in case of a lien or encumbrance on the Land (other than the Permitted Encumbrances) deliberately placed or caused < to be placed on' the Land by Seller subsequent to the effective date of the Commitment which can be re- moved at the time of Closing by payment of a liquidated amount, Seller cove- nants and agrees at Purchaser's request, to remove such lien or encumbrance at Closing so that the Land can be conveyed to Purchaser free of same. , None ot the foregoing provisions of this Paragraph are intend- ed to nor < shall they limit or affect any other right or remedy available to ,Purchaser in equity for specific performance in the event of a wrongful failure or refusal by Seller to convey title to the Land to Purchaser. (c) The parties further agree that in < the event it becomes neces- sary for either party to litigate in order to enforce its rights under the terms of this Agreement, then, and in that event, the prevailing party shall be entitled to recover reasonable attorneys' fees and the costs of such litigation, including appellate litigation. 15. Escrow Agent. It is specifically acknowledged and agreed by the parties hereto that the duties of Escrow Agent are purely ministerial in nature as herein specifically provided pursuant to the terms of an Escrow Agreement, ----.. .. 8 ~1d3 ml ((\(1) . , (\ f'.: . . '. . < . . . . < a copy of which < is attached hereto as Exhibit. 8 and. made a< part hereof. Escrow Agent. is authorized and instructed to hold the monies delivered to Escrow Agent in escrow and to invest said monies in any interest bearing escrow account. at the Landmark First National Bank of Fort Lauderdale. In this reg'ard, Seller and Purchaser recognize that the above referenced escrow account may not be opened on the same day the Deposit or any portion thereof is deposited With Escrow Agent or may not be opened at all. Escrow Agent shall not be responsible for the rate of return on such. escrow account. Escrow Agent is hereby authorized to represent Seller with respect to this . transaction (and any litigation related thereto) and in this regard ~ Purchaser, shall not and is hereby estopped from objecting to such representation. 16. Condemnation or Eminent Domain. In the event of any condemnation or eminent domain prqceedings for any public or quasi-public purposes at any time prior to Closing resulting in a taking of any part of the Land, Purchaser shall have the option (i) to cancel this Agreement, in which event the Remain- ing Deposit, with, interest thereon , shall be promptly refunded to Purchaser, and upon such repayment, this Agreement shall be of no further force or effect except as set forth in Paragraphs 11., 13. and 30., or (ii) to close the transaction contemplated by this Agreement, in" which event the Purchase Price shall not be abated; provided, however, Seller shall assign any condem- nation or eminent domain award to Purchaser. Purchaser shall notify Seller of its election of (i) or (ii) above within ten (10) business days of Pur- chaser's receipt of notice of any condemnation or eminent domain proceedings respecting the Land. If Purchaser shall fail to timely notify Seller of its election of (i) or (ii) in accordance with the 'preceding sentence, then Pur- chaser shall be deemed to have elected (i) above. Seller agrees not to enter into any settlement of any condemnation proceedings or eminent domain award without the prior written consent of Purchaser. < 17. Notices. All notices of request, .demand and other communications hereunder shall be addressed to the parties as follows: As. to Seller: High Point of Delray Builders No.2., Inc. 1175 N. E. 125th Street North Miami, Florida 33161 Attention: Stanley G. Tate" President with a copy to: Ruden, Barnett, 'McClosky, Schuster & Russell, P.A. P.O. Box 1900 Fort Lauderdale, Florida 33302 Attention: Barry <E. Somerstein, Esq. ~... -'. < and High Point of Delray Builders No.2, Inc. 5180 Nesting Way Delray Beach, Florida 33445 Attention: J. Kenneth T~te, Vice President As to Purchaser: Tara Development Group, Inc. 10195. West Sample Road Coral Springs, florida 33065 Attention: Samuel Berman, President 9 yb//tj. ~. (t)JJ {\ (""-., . < . . . <. . . . ., . with a copy to: Larry Presser, Esq. 10195 West Sample Road Coral Springs, Florida 33065 , , As to Escrow Agent: Ru<den, Barnett, McClosky,. Schuster & Russell, P.A.< P.O. Box 1900 Fort Lauderdale, Florida 33302 . Attention: Barry E. Somerstein, Esq. unless the address is changed by the party by like notice given to the other parties. Notice shall be in writing, mailed certified mail, return receipt requested, postage prepaid and shall be deemed delivered three (3) days after mailing or upon hand delivery to the address indicated. Notwithstand- ing the foregoing, in the event of any mail disruption by virtue of any stop-- page of mail service performed by the United States Postal Service due to strike or labor difficulty, notice, requests or demands or other communications referred to in this Agreement shall be sent by telegraph, but shall be deemed to have been given when received. 18. Survival. All covenants, terms, provisions, representations and warranties set forth in this Agreement, except as specifically provided other- wise, shall, at Closing, merge into the Deed. It is understood and agreed that all understandings and agreements heretofore had between the parties are merged into this Agreement and that the same is entered into after full investigation, neither party relying upon any statements or representations not embodied in this Agreement. The provisions of this < Paragraph shall survive the Closing. 19. Applications. After the Development Plan has been approved by Seller, Purchaser shall have the right to begin the site plan approval platting process at. the City of Boynton Beach and Palm Beach County ("Application Process") provided such applications are consistent with a Development Plan approved by Seller. Purchaser shall be responsible to < pay any and all costs a<nd expenses pertaining to the Application Process and dredging and fill permits. Seller agrees to cooperate with Purchaser and to join in any applica- tions (at no expense to Seller) and to permit .Purchaser to go as far< through the governmental process as is possible provided that prior to .Closing no final approval shall. be obtained without Seller being delivered such evidence as shall be reasonably acceptable to Seller that no such approval requested by Purchaser shall affect Seller's vested rights in its presently approved Site Plan and Preliminary Plat< or any other approvals which Seller < presently holds. Purchaser shall be responsible for securing assurances from the various governmental and quasi-governmental agencies involved to the effect that steps being taken for approval of the Development Plan shall not affect Seller's vested rights. . Notwithstanding anything contained herein to the contrary, Purchaser shall not authorize or request the final Site Plan or < the approval of a final plat until after the Closing as heretofore provided. Pur- chaser shall notify Seller, in writing, prior to the 10th of each month as to the status of the Application Process. 20. Captions and Paragraph Headings. Captions and Paragraph headings contained in this Agreement are for. convenience and reference only < and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provision hereof. < ~... 10 f/fl//Q ();~, . . n ~ ,', >. .... -. . . 21. No Waiver. No waiver of any provision of this Agreement shall be ~ffective unless it is in writing I signe.d by the party against whom it is assert- ed and any such written waiver shull only be applicable to the specific in- stance to which it relate<s and shall not be deemed to be ,a continuing or future waiver. . , , 22. countersarts. This Agreement may be executed in one or more counterparts, eac of which shall be deemed to be an original, but all . of which shall constitute one and the; same Agreement. < 23: Binding Effect, This Agreement shall inure to <the benefit of and shall be' binding upon the parties hereto and their respective heirs, personal ' representatives, successors and assigns, - 24. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Florida, 25. Gender. All terms. and words used in < this Agreement regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 26. Possession. Possession of the Land shall be delivered to Purchaser at the disbursal of the escrow simultaneous < upon receipt by Seller of the Purchase Price. :' 27. Modification. < This Agreement shall not be modified (and no pur- ported modification thereof shall be effective) unless in writing and signed by the party to be charged. 28. Time Is Of The Essence. For the purposes hereof, the parties agree that time shall be of the essence of this ,Agreement and the representa- tions ,and warranties expressly set forth herein are all material and of the essence of this Agreement. 29.. Venue.. The venue with respect to any litigation pertaining to this Agreement shall be Palm Beach County, Florida. 30. Non-Recordation. Purchaser shall not record < this Agreement nor any memorandum thereof. < The parties recognize that the recording of this Agreement or any memorandum of its terms may create a cloud on the title of the Land and will cause. irreparable injury to Seller entitling Seller to enforce this obligation by an action for specific performance or < any other right or remedy provided by law. Purchaser hereby indemnifies and holds harmless Seller for. any and all loss, costs or damages incurred by Seller, including, but not limited to, attorneys' fees through and including all trial and appellate levels resulting from Purchaser recording of. this Agreement or any memoran- dum of its terms. This Paragraph shall survive any . termination of this Agreement. -.. 31. Execution Date. The "date of the execution of this < Agreement" <shall mean the last day upon which it becomes fully executed by Seller and Purchaser. <', ~ . . f5l) _/.J" 32. Release Pattern. ~7,:l:1.~ p9rties hereby agree that <on or before 5:00 '<../.L... p.m. on a date which is ~ (fIO) days from the date of the execution of this Agreement, Purchaser shall deliver to Seller the. pattern in which Pur- chaser desires to release the property encumbered under the PM Mortgage 'f (~~?,)l. description and survey of the Initial Release Parcel ("Release \ "'.- i . f\"Il~l"'UI .,., <, t-J&.LM~O~ ^' rd~ i~:~ '~~,~-; 6 ~~:tlt~J~ ~d . ..- ' 11 'l~l\ , . , \ . I . I <I . J ~~<:1} (fi)) Vf5 tdP f\ ,:;.,~ *. ~~ ~IN\~~ ~~_~. '(( ~ ~ "~;'....4-c h4o!. ~(;I~ ~L ' \wi A-~ -t.r ~ ~~ . , ~ < . ~. '. .. . . , . .( (\~\< ' ./ b-..;,;.J.~\.;. Sell~: shall ha,:"e < ten (10) business d~ys < from receipt. of the Release rca;' .\1 J ~rn In WhICh to reVIew and approve or~~~tove same. In the event 0111 .' :.), < that Seller does not approve the Release n ~n its < sole and absolute.lJ:. , discretion, Seller shall give written notice 'to the Purchaser specifying the 1", reasons for such disapproval prior to the expiration of said ten (10) business · ~.~ ~y ,JJ.~ri'p""d. In the event Seller does not send a notice accepting the Release QQ; ',<;~, ~d? a disapproval notice with such ten ~Q) bU_~IDess day period, Seller ,. j,:',<< shall be deemed to have approved ~p. Re~flase ~ffir-~~~livered Qy'_pu.Lchaser. r. -'~I < .! < Upon the approval of the Release. J:t6ttE't'lf~ ("Approved Release ~1it"'), the YWI: ,R'elease "Pattern will be attached to the<'PM Mortgage)*and the legal description ~< of the Initial Release Parcel shall be attached as El;.J}i)?it. ~ to this Agreement. ~ .<'7. < In the event Seller does not approve the Release ~nd purcbaser ~oes _,j ,< . ~~,.- . not modify and correct any Objec~~ Seller has to the Release ~Ph (or 'It/?) /< . 0 gr.ee in .wri,ting to d~. .so) ~ithin' (0) days of Seller notifying Purc~aser ' 1'-: l of Its obJections,' then < and In such event, thIS Agreement shall automatically <-' ./ terminate whereupon the Remaining Deposit, with interest thereonr shalL-be returned to Purchaser and the parties release of all further obligations each to the other under this Agr~ement, except as set forth in Paragraphs 11., 13. and 30. < . IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. Signed I sealed and delivered in the presence of: .1 .f' . ..~n'\ ~~ /1 I :', L,~ ~ . -'< SELLER: HIGH POINT OF DELRAY BUILDERS ~O. ~" ~C.~ P By: ~~60?~, t/ ,....': < Date: ?~ I~ /1"R''Z- (SEAL) -- PURCHASER: ' TARA D~LOPMENT GRbUP, INC. By: ~~<~._<, ............/1 t~) .;?/\ /'/\/\/ .....'.<.. / ~ < Date:-,\/,.,\,,'<'.1",.f~},.... "",' /9 ~ \.....< (SEAL) ----. .. . r < / <~< <.' I \., 1- t '. ..' . "".,~ ' '/b-' I') , ' < . I .. _" '..,:,~>.w"",,(.'._, '1 12 ~l/7 f-""" A " . . . . of. . '.. . . . ESCROW RECEIPT Receipt is hereby acknowledged ~ (subject to collection) of a check in the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000), representing the . Escrow 'Deposit pursuant to the within Agreement, which the undersigned agrees to promptly deposit and hold the proceeds thereof, subject to collection, · , < in accordance with the terms, provisions and conditions of the within Agree- ment. Dated this ~~ ~ day of ~()Vt'~k 1982. By: The undersigned joins in this Agreement to agree to the terms and provisions of Paragraph 11. with respect to the payment. of any brokerage commission. Dated this . ,,~t:J.t / 7 day of /y/, //[;111 i-/(, 1982. ............ < , <. , ," 13 eg:1 ~t .. Tom Clark City Engineer Received Date Time - ~ Q".... Edward G. Hillery, Jr. Captain Boynton Beach Police ~ept. r, ~. 26 July 1983 FILl: SU8.JRCT TRB Review of: ~,..q <~ T --.. d..L Tara Lakes PUD, Prelim. Plat Tom: As per our co~versation at todays TRB Meeting, <1 formally bring to your attention the section of the City Ordinance of Boynt6n Beach, Fla., thnt bolsters my position relating to the name proposed for the sub-division in question. Please refer to Apendex C, Article 8, Section 4-C-l of the "Master Plan." .. The problem lies in thef ac t that there are two sub-di vis ions <in Palm Beach County close by, that are similar when heard over a radio by emergency service personnel. Tara Estates, Tiera Estates, and nOw Tara Lakes. These appear greatly different when considering ~rittenlanguage, however, they are phonetically similar when hearft over a rad~o or telephone receiver, and are very possible areas for misunderstanding and causing confusion for emergency service departments, such as Fire, Police, and Sheriff's Departments. ' 1 feel strongly that the section of the code that 1 refer to was designed for just such a case. EGH/jje cc: Carmen Annun~iato,_- City Planner ~Z~l~ ~ Edward G. Hillery,~. Captain BBPD TRB Member ~. t'?? /