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CORRESPONDENCE ~ Satter Development Cor oration November 18, 1985 Mr. Kevin Hallahan, Forester City of Boynton Beach 200 North Seacrest Blvd. Boynton Beach, FL 33425 RE: Banyan Creek Trees Dear Mr. Hallahan, As per your existing agreement with The Satter Companies, this letter serves to confirm that we will install the 56 trees required by the City due to the removal of natural vega tat ion on the Banyan Creek Site. As you know we have already installed 25 of those trees based on the 6 extra trees placed at the entrance to the community and the 19 trees planted along Boynton Beach Blvd. We proposed to install the remaining 31 trees by January 15, 1985. The trees will be of equal or greater value than that originally submitted to you by our landscape con- tractor. A plan locating these trees will be submitted to you by the end of the month. If you should have any questions please do not h sitate to contact us. Perry Lap, Project Manager Medard Kopczyaski, City of Boynton Beach Pat DiSalvo, TSC JAK/kes Real Estate Developers . General Contractors 2330 South Congress Avenue West Palm Beach, Florida 33406 (305) 965-2225 / SA &E Satta. Architectural Engineering f ( I ),.' '--. J (j./,,~ w /vt' tJ' {: vtr:~ l!;, / / : ~~/ ie/IX yu~ {,l (; lD ,JJ 2330 S, CONGRESS AVENUE, WEST PALM BEACH. FL 33406 - 305-968-0750 .~ September 7, 1983 t ~::N'd~[;~ fJ?J: / / & , Group, Inc. City of Boynton Beach 200 North Seacrest Boynton Beach, Florida 33435 Time Attention: r1r. Tom ClarKe, P.E.._~ Ci ty Enoi neer - -------. - _._------~------ / Subject : Stonehaven, PUD Plat #2 For The Satter Companies Dear Tom: Pursuant to receiving prel iminary plat approval for the above referenced project, we have enclosed herewith, the following: I) Two (2) sets of the construction drawings for the subject project prepared by The Satter Architectural & Engineering Group, Inc. (in sheets dated August 28. 1983). 2) One (1) coPy of the D.O.T. Storm Water Tabulation Sheet and associated drainage area map. 3) One (1) COPy of the Construction Cost Estimate for the subJect proper'ty. 4) A checK for 550.00 payable to the City of Boynton Beach for the Plat Review Fee. Please note that the Surface Water Management Plan for this development (prepared by Shalloway, Inc.) was previously submitted to your office (with Plat #1). The water and sewer systems will be dedicated to the City and cooies of these plans are bing sent to Mr. Perry Cessna, Util ities Director for the City of Boynton Beach for their review and comment. Also, it will be necessary for us to receive a Street Connection Perm; t from the Palm Beach County Engineering Department to be constructed in Congress Avenue. Plans are being sent to them for their review and comment on these items. We are requesting that ~",ou review the plans submittE'd and provide us with any comments that you have concerning the information shown thereon. Following receipt of these comments and the cc,mments fr'om the other agencies involved, we will make the necessary modifications and submit final copoes of the plans for prel iminary plat approval. Please contact me if you have any questions or comments concerning this information. Very truly yours, SATTER ARCHITECTURAL & ENGINEERING GROUP, INC. ROTH, FR/cd cc: Bob Satter Sherry Hyman Ned Marks STONEHAVEN P.U.D. -.PLAT 82 PAVING, GRADING AND DRAINAGE CONSTRUCTION COST ESTIMATE ITEM NO ITEM Q~ITY 1 CLEARING AND GRUBBING L.S. 2 GRADING (INC.ALL CANAL EXCAVATION L.S. ON L.W.D.D.LAT.CANAL NO.25) 3 I" TYPE II A.C.S.C.-PARKING AREA 28,2LO S.Y. 4 1-1/2" TYPE II A.C.S.C. 5,330 S.Y. 5 1-3/4" TYPE II A.C.S.C.(CONGRESS AVENUE) 420 S.Y. 6 6"SHELL ROCK BASE(PRIMED) PARKING 13,670 S.Y. AREA ONLY 7 S" SHELL ROCK BASE (PRIMED)- 21,500 S.Y. INCLUDES PARKING AREA DRIVES 8 3/4" OVERLAY-CONGRESS AVENUE 1,850 S.Y. (INCLUDES COST OF RESTRIPING) 9 12" STABILIZED SUB GRADE 6,380 S.Y. (75 P.S.I.F.B.V.) 10 12" COMPACT EO SUBGRADE-PARKING 29,930 S.Y. AREA ONLY 11 6" STABILIZED SHOULDER 2,760 S.Y. (50 P.S.I.F.B.V.) 12 IS" BIT.COATED CORRUGATED STEEL 616 L.F. PIPE 13 18" BIT.COATED CORRUAGED STEEL 1,139 L.F. PIPE 14 24" BIT.COATED CORRUGATED STEEL 2,006 L.F. 15 INLET TYPE 'c' 26 EA. 16 INLET TYPE 'E' 1 EA. 17 INLET TYPE 'J' W/'C' GRATE W/WEIR 1 EA. 18 RISER AND WEIR ASSEMBLY 1 EA. 19 SAND CEMENT (RIP-RAP) ENDWALLS & 21.7 C.Y. SLOPE PROTECTION LNIT PRICE .. 2.10 2.70 3.40 3.00 3.80 2.00 1.40 1.00 1.00 18.00 19.00 23.00 700.00 1,300.00 1,600.00 2,000.00 200.00 AMOLNT .. 12,750.00 38,250.00 59,241.00 14,391.00 1,428.00 41,010.00 81,700.00 3,700.00 8,932.00 29,930.00 2,670.00 11,088.00 21,641.00 46,138.00 18,200.00 1,300.00 1,600.00 2,000.00 4,340.00 20 CONCRETE FLUSH HEADER CURB 112 L.F. 6.00 21 6" STRAI GHT CURB (ENTRANCE MEDIAN) 22 _STREET SIGN 23 STOP SIGN PREPARED BY. 286 L.F. 6.:50 1 EA. 125.00 1 EA. 100.00 TOTAL 672.00 1,859.00 12:5.00 100.00 $403,06:5.00 ~ / ?L.--- ~ ~~RICK RD, JR., P.E. SATTER ARCHITECTURAL & ENGIN~ GROUP 2330 SO. CONGRESS AVENUE WEST PALM BEACH, FLORIDA 33406 SEPTEMBER 12, 1983 . .. .iTCI'-IEHAVEN P. U. D. - PLAT WATER DISTRIBUTICI'-I SYSTEM CCI'-ISTRUCTICI'-I COST ESTIMATE ITEM '-"lIT NO_ ITEM QUANTITY PRICE AMOlNT 1 8" D.I.P. WATER MAIN 3,232 L.F. . 9.00 . 29,088.00 2 6" D.I.P. WATER MAIN 614 L.F. 8.00 4,912.00 3 8" GATE VALVE &: BOX 3 EA. 400.00 2,000.00 4 6" GATE VALVE &: BOX 4 EA. 32:5.00 1,300.00 :5 FIRE HYDRANT ASSMBLIES 13 EA. 1,000.00 13,000.00 (INC. APPURTANENCES) 6 CAST IRON FITTINGS 2.5 TCI'-IS 2,600.00 6,:500.00 7 2" POLYETHYLENE TUBING 2,714 L.F. 7.00 18,998.00 8 I" POLYETHYLENE TUBING 60 L.F. 5.00 300.00 (LIFT STATION SERVICE) 9 8"X2" SADDLE AND CURB STOP 22 EA. 100.00 2,200.00 10 8"Xl" SADDLE AND CURB STOP 1 EA. 75.00 75.00 11 6"X2" SADDLE AND CURB STOP 16 EA. 75.00 1,200.00 12 SINGLE WATER METER ASSEMBLY 38 EA. 100.00 3,800.00 ( COMPLETE) 13 SAMPLE TAPS 8 EA. 60.00 480.00 TOTAL $ 83,853.00 PREPARED BYI SATTER ARCHITECTURAL &: ENGINEERING GROUP, INC. 2330 SO. CONGRESS AVENUE WEST PALM BEACH, FLORIDA 33406 SEPTEMBER 12, 1983 STa-.lEHAVEN P.U.O. - PLAl ".,! SANITARY COLLECTIa-.l SEWER SYSTEM CONSTRUCTIa-.l COST ESTIMATE ITEM NO ITEM QUANTITY lJIl IT PRICE AMOLNT 1 8" V.C.P. GRAVITY SEWER MAIN (0-6' CUT> 1 , 1 93 L. F . . 9.00 . 10,737.00 2 8" V.C.P. GRAVITY SEWER MAIN (6'-8' CUT> 999 L.F. 12.00 11,988.00 3 8" V.C.P. GRAVITY SEWER MAIN (8'-10' CUT> 764 L.F. 14.00 10,696.00 4 8" V.C.P. GRAVITY SEWER MAIN (10'-12' CUT> 1,008 L.F. 18.00 18,144.00 5 8" V.C.P. GRAVITY SEWER MAIN (12'-14'CUT> 276 L.F. 21.00 5,796.00 6 10" D.I.P. GRAVITY SEWER MAIN (12'-14' CUT> 45 L.F. 24.00 1,080.00 7 SANITARY MANHOLE 0-6' DEEP 7 EA. 830.00 5,810.00 8 SANITARY MANHOLE 6'-8' DEEP 3 EA. 9 SANITARY MANHOLE 8'-10' DEEP 4 EA. 1,000.00 1,150.00 3,000.00 10 SANITARY MANHOLE 10'-12' DEEP 3 EA. .1,220.00 4,600.00 3,660.00 11 SANITARY MANHOLE 12'-14' DEEP 2 EA. 1,400.00 2,800.00 12 6" D.I.P. FORECE MAIN 13 8"X6" WYE (AT MAIN> 25 L. F . 8.00 200.00 38 EA. 25.00 950.00 14 6" V.C.P. SANITARY SERVICES 2,320 L.F. (COMPLETE-INC.BENDS, WYES, PLUGS, LOCATORS, ECT.> 8.00 18,560.00 15 L1 FT STAT! a-.l (COMPLETE> L.S. 40,000.00 TOTAL, $138,021.00 ,;/ c:..--,. PREPARED BY, SATTER ARCHITECTURAL & ENGINEERING GROUP, INC. 2330 SO. CONGRESS AVENUE WEST PALM BEACH, FLORIDA 33406 SEPTEMBER 12, 1983 ~,~~.~, ..---. f' -z;~ I:; ~-_._-- ........ ....e.,...... r~, . , \,00'"- (ll\lnt~ r\( 1Tl1I11,tr;11111 ~.(I\'r:;,'''\ ft1 /~P ,. '~'l;lrd (If COllnty Commi...-,io:ll'rs h'r~Y H. [\;111. Ch;drm:m I\.(On Srjlh~.... Yice Chainnan Dennis P. Koehler J10wthy Wilken Bill Roiky December 1, 1983 Department of Engineering end Public Works H. F. Kahlert County Engineer Mr. Frederick Roth, Jr., P.E. Satter Architectural & Engineering Group, Inc. 2330 So. Congress Avenue W. Palm Beach, FL 33406 SUBJECT: Stonehaven, P.D.D. Plat 2 Dear Mr. Roth: This letter is to confirm the results of your November 30 conversation with Andrew Hertel of this office, in which it was suggested that the construction of the left turn lane you are required to build to serve the subject development be delayed and incorporated into the Congress Avenue 4-1aning project scheduled for fiscal year 84-85. It is my understanding that there will be no occupied dwelling units in this project until, at least, 1985. If it is your desire to accomplish this turn lane construction as was suggested, please indicate in writing to this office that the developer is willing to assume financial responsibility for the construction of this left turn lane. The cost for this construction would be based on unit prices for the Congress Avenue widening project. If you have any questions or require additional information, please do not 'hesitate to contact this office. Sincerely, OFFICE OF THE COUNTY ENGINEER RECEIVED Charles R. Walker, Jr., P. E. Director, Traffic Division DEe ') 1983 pu,rmlNG DEPT~ CRW:ASH:ct ~armen Annunziato, Boynton Beac~ City Planner Joan Delcamp, Permits Don Knapp, Design .....",. ~I...'/' 2/:L'g \".'EST .'," Lt,': P[,'.'C~~., ;':1._0F::')/1 ". -: '; J:? ( .,. ~C'C)0 .- .,...._-_._..~.- ~--,-_.~ _. -- SA &E Satter Architectural & Engineering GrouP. Inc. 2330 S. CONGRESS AVENUE, WEST PALM BEACH, FL 33406 - 305-96ll-0750 December 1, 1983 City of Boynton Beach Planning Department P.O. Box 310 Boynton Beach, Florida 33435 Attention: Mr. Carmen Annunziato Director Subject Stonehaven, Plat #1 and Plat #2 for The Satter Companies Dear Carmen: As per our recent telephone conversation, I have enclosed herewith the following: 1) Six (6) copies of the proposed plat for Plat #1, Stonehaven P.U.D. prepared by Richard L. Shepherd & Assoc. 2) Six (6) copies of the proposed plat for Plat #2, Stonehaven P.U.D. prepared by Richard L. Shepherd & Assoc,. 3) One (1) set each of the proposed construction draw- ings for Plat #1 and Plat #2, Stonehaven P.U.D. prepared by The Satter Architectural & Engineering Group, Inc. (in 15 sheets and in 13 sh""ts respect- ively dated August 31, 1983 with revisIons). I bel i eve that these are the items wh i ch you needed to compl ete the pacKages for presentation on the December 13, 1983 Planning and Zoning Board Meeting. Please contact me if you need any additional information for this project. ThanK you for your cooperation in this matter. Very truly yours, SATTER ARCHITECTURAL & ENGINEERING GROUP, INC. /-,",d"~. /. ----------/~----------------~~ FREDERICK ROTH, JR., P.E. FR/cd cc: She,..,..;.' Hyma.n Ned Marks ~ - .1....~CEIVED NOV 'OJ 1983 PLANNII~G DEPT. November 29, 1983 TO: 'Mr. Carmen Annunziato, City Planner s?; .J_ '., /r.p '../-'~ /.rL FROM: Tom Clark, City Engineer Re: Sales Agreement for Stonehc Forwarded herewith is the SUbject sales agreement for use in determining the recreation fee for Plats I and II for Stonehaven P.U.D. ~v~?fJwJ Tom Clark TAC:mb Attach. Satter ~chitectural Engineering Group. & Inc. 2330 S. CONGRESS AVENUE. WEST PALM BEACH. FL 33406 - 305-968-0750 ,------------ November 22, 1983 City of Boynton Beach 200 North Seacrest Boynton Beach, Florida 33435'\ i Attention: Mr. Tom ClarKe . J:i ty Eng, i,neer_~'......r~ /' -~~ - Subject Stonehaven for The Satter compa~ Dear Tom: As per your request rnour telephone conversation of November 17, 1983 1 have enclosed herewith a copy of the Purchase and Sale Agreement between the former property owners Mode, Inc. and Stonehaven Development Corporation which covers the Stonehaven P.U.D. Property. Please note that the purchase price, as indicated on this document, will be 2.4 mill ion dollars for the ent'ire parcel (including Plat #1 and Plat 112). As we discussed, it is our understanding that we have satisfied \/2 of thi mandatory parKs and recre~tion contribution by construction of the recreation areas in Plat III and Plat 112 and that the remaining 1/2 will be paid to the City at the time of platting. For purposes of this payment, we are requesting that you allocate a pro-rata share (based on your formula for single and multi-family housing) of the remaining monies to each of Plat #1 and Plat 112 when determining the amount of money owed to the City. Please notify me as soon as possible, as to the total amount of mon i es owed so that we can proceed wi th gett j ng the necessary checKs. Please contact me if you have any questions or comments concerning this matter. Very truly yours SATTER ARCHITECTURAL & ENGINEERING GROUP, INC. , ~/. ~ -------~~~-------- F DERICK ROTH, JR., P.E. FR/cd cc: Sherry Hyman '- , ~ PURC"ASE A;:.lD S,\~E .'\GREENENT This Agree~ent made and en~ered into this 2nd day of February , 1983, by and between MODE, INC., a Florida ~orporation, hereinafter refered ~o as "Seller", their heirs, personal representatives and assigns, and STONEHAVEN DEVELOPMENT CORPORATION, a ~lorida'~orporation, or Nominee, hereinafter referred to as npurcha~er", i~s successors and assigns: For and in consideration of the sum of TEN AtID NO/IOO ($10.00) DOLL~qS and other covenants and considerations hereinafter set forth, the Seller does hereby agree to sell and the Purchaser does hereby agree to purchase the following described parcel of land lying and being in Boynton Beach, Florida, more particularly described on Exhibit "A" attached here~o and made a part hereof, which consists of approximtely 86.88 acres, hereinafter referred to the "Property." 1. PURCHASE PRICE. The purchase price to be paid for the subject Property s~all be paid as follows: A. TEN THOUSAND ($10,000.00) DOLLARS upon execution of this Agreement by Purchaser, which sum shall constitute an earnest money deposit and shall be held in escrow by Christopher Cook, Esquire, as Escrow Agent. Said Escrow Agent is hereby authorized to invest the deposit monies in a Money Market account at Fide1ty Federal Savings & Loan Association of West Palm Beach, Florida, or similar interest bearing account as directed by Seller in writing with a copy to Purchaser. All interest shall accrue to the benefit of the party entitled to the deposit as set forth herein. At closing, such interest shall be paid to Seller and the deposit refunded to Purchaser; and B. $2.4 million dol~ars, all cash due at closing; or C. $2.5 million dollars, paid as fOllO~$625,000 at closing in cash, cashier's or certified check, and $l,875~0 secured by a purchase money mortgage and no~e which provides: 1. Unpaid orincipal to accrue interest at the rate of CitiBank Prime R~~e as determined on the 1st day of each month plus ::..% comme~:cing on t~e c.ate of closi!1g. 2. Principal and interest payable monthly, amortized over two years.' 3. All unpaid pri!lcipal and interest shall be due and payable in two (2) years from ~he date of closing. 4. No p~e-paymen~ restrictions or ~enalties; 5. Said mortgage ~o be assumable by any entity a=fili(~ed wi~h Purc~aser, a Scv~~gs & ~oa~ Association or its service c' ~por&t~on, O~ a~y en~~ty fi~a~ciclly suitable i~ the o~inion of Pur-ciaser and Seller, a~c sai.c. e;:~:..":y a.grees in \.:riting -to be b01.lnd by a1: ~he terms and covenan-:s 0: sa~c ~o~tgage; 6. No ~ue-on-sale clause, provi~ed the mortgage is assuned in accorca~ce ~~t~ ~he ~~~~s se~ fo~th ~n Article I.C.S. irr~eciately a~ove. 7. So ~O!lg as ~~e mortgage is not in default, partial releases from the purc:case ~:oney c.ar'::gase shall be proviced by Se~ler. All parcels releasee w~:l be free 0= all ~ortgage e~cu~br2nccs 2~d liens c~~2r than taxes ~n the yea~ of closi~g and subsequent years, zoni~s a~d easements anc restr~c~ions and reservations of record. For each release, Purchaser s~a:l, at its sole expense, provide to Seller 2. :"ege.l c.escri?~~o!1 0= '":_.c ?~o?e~-':.y ~o be released, in recordable ~O~~l ?repare~ by a ~~o~essiona: e~gl~eer or land surveyor. 8. Seller shall subordinate the lien of said mortgage to any acquisi tion, develo,Jmen t and const.ruction f inane ing, and agrees tc sign the ?lat and any condo~inium documents or the Property if and when platted or submitted to condominium. Seller shall have fourteen (14) daj to review and approve Purchaser'5 construction budget, the terms of the construction loan and the plat as to reasonableness, which approval shall not be unreasonably withheld or delayed. If Seller has not approved such matters or provided the conditions for such approval within said 14 days, such matters shall be deemed approved by Seller for the purpose of this Agreement.. C. The purchase price includes the following: 1. All engineering plans, surveys and soil tests done to date including the revised master site plan, boundary survey and topographic surveys. Seller, however, makes no warranties regarding the accuracy of such plans, surveys, or tests. 2. The $4,000 contribution paid by Seller to upgrade the lift station to service the station. II. TITLE EXAMINATION. Within thirty (30) days from the date of this Agreement, the Seller shall, at his expense, deliver to the Purchaser or its attorney, a co~mitment for Title Insurance, issued by a company approved by the Purchaser, agreeing to issue to the Purchaser, upon the recording of the Deed involved herein, a Title Insurance Policy insuring the title of the Purchaser to said Property in the amount of the purchase pric~. Said Title Insurance policy shall be subject to only those liens and encumbrances as described on Exhibit "a" attached hereto and made a part hereof. The final Title Insurance policy will exclude any exception as to mechanic's liens, matters that might be determined by an accurate survey, and rights of parties in possession. Purchaser shall hav~ ten (10) days from the date of receipt of the Title Commitment to examine same. In the event the Purchaser finds defects rendering title unmarketable, uninsurable, or which impair Purchaser's ability to develop the Property as it intends, the Purchaser shall notify the Seller within the afore- said period of time and Seller shall have ninety (90) days from said notification of objection within which to cause same to be corrected. In the event Seller is unable to correct said defect within said period, the Purchaser shall have the option of terminating this Agree- ment and receiving the escrow deposit plus interest, or electing to proceed with the transaction by accepting the title in its then existing condition with no diminuation of the purchase price. Failure by the Purchaser to give notice of title objection within the period stated herein will be deemed a waiver unless copies of items referred to in the title binder have not been furnished to Purchaser, in which event the ten (10) day period shall not begin to run until all these items are received by Purchaser. III. SURVEY. Seller has provided to Purchaser a copy of a survey of the Proper~y prepared by Robert E. Owen & Associates dated February I" 1981. Seller agrees, at its ex?ense, to have t~e survey up~ated and certified to Purc~aser. Purchaser shall exa~ine said survey, and if survey shows a~ encroachment O~ any matter w~ich would impair Purchaser being a~le to cevelop the Property in accordance with purchaser's site plan, it shall be treatec as a title ce:ect and Purchaser shall give written notice of the defect within sixty (60) days from the da te of ?rovision of the: u~h2a t.ee. survey. I=- an accura te survey 0 f the Proper~y reveals ~hat t~e Pro?erty is less t~~n 86.88 gross acres or 85,078 net acres, Purchaser s~all have the opcion of terminating this Agreement and receiving a re:unc of the deposit plus interest or electing to proceed with the transaccion with no diminuation of the purchase price. IV. or under co:mE~1NATIO". If any ;::>ortion or the Property is condemned condemnation ?ursuant to a notice of taking by apprcJpriate -2- authorities prior to the ti~e of closing, the P~rchaser shall have the option. of obtainin9 a refu~d 0: all monies deposited hereunder plus interest anc terrr.inating this Agreement, or taking the condemnation ord~r or the expectancy thereof in its entirety without adjustment to the purchase price. If Purchaser shall elect the'optio~ of terminating this Agreement, then such notice of termination shall be made wit lin fifteen (15) days of the Purchaser receivjng a copy of the notice of taking. Se:ler agrees not to enter into any settle- ment of any cond~~nation proceedings or eminent domain award without tje prior written consent of Purchaser. V. CONDITIO~S PRECEDENT TO CLOSING. The following are express conditions prece~~nt to the Purchaser and Seller completing performance of this Agreement: A. Zoning. Seller represents that the Property is zoned R-2. Purchaser shall forthwith apply for written approval of a rezoning of the Property from duplexes to allow for development of the Property in accordance with the revised site plan attached hereto and made a part hereof as Exhibit 'lell. Purchaser shall, within six (6) months from the date of submission of the application for rezoning and special exception, obtain approval of such rezoning and special exception of the Property from R-2 to P.U.D. in accordance with Purchaser's master site plan, or it may be considered by Purchaser that this condition precedent has not been satisfied. B. Development Aporovals. Purchaser shall promptly and diligently proceed to apply for all written governmental approvals including but not limited to master site plan and other approvals necessary to obtain a building permit, which applications Seller shall h~ve the right to approve, upon request, and which approval shall not be unreasonably withheld. Within six (6) months from the date of submissio~ of the rezoning application, Purchaser shall obtain approval from all applicable governmental agencies of the Purchaser's master site plan a""::: development-plans and other items necessary to allow the develop~ent of the Property in accordance with Purchaser's master s~te plan. In the event that the govermental ag~ncies d~ny such approvals or impose other than usual or customary land use restrictions which are ~nacceptab:e to the Purchaser at the time of any approvals, it may be considered by Purchaser for the puroose of this Agreement that the Purcha-er's master site plan and development plans were disapproved. c. Soi~ and ~opogra?hic Tests~ 1. Seller has provided to Purchaser copies of soil boring results performed by Goldc08st Engineering & Testing Company, Inc. Said results reflect the existence of a substantial amount of muck on the ?Yape=ty~ 2. It shall be Purchaser's obligation to do all the earthwork necess~~y to ~a~e the Property suitable for ~e~'elo8ment as set ~or':~ in t~e a~~2c~~~~ ~lan sitc~ J~ All ear~hwo~k shall be under the su~e~\rision of both S~ller ariLl ?l..1rc!1c.se:-, ;J~ov.:c.ec. there ':'5 a pl:rc~ase :-n-oney cor:.gage ~ 4~ T~~ FrO\'~s~o~s of this ?ar2~~2ph shall s~r\'ive the clos.:..;-.g. D. On-Si':e :.:2Ler/Sc.....er~ ~'.;it!lin six (6) ~IO::t~s from the d.:lte of submission of ~:"1e rezo~i:lg application, Purch3ser shall enter i:lto a contract with the ap?~o?riat8 utilities authorities and obta~n appro\"al frOltl the hea:t~ ~e?ar~T8~t, ~or the furnishing of 456 ~es~~en~ial W3~CY and sewer cO~Ilec~~o::s at rates accepta~le to Purchaser. - 3- E. Off-Si~e Water/Sewer Lines. Within six (6) months frD~ the date of this Agreement, Pur~haser shall obtain all written apprc~als for installation and hoo~-up of the necessary off-site water and sew~r tracsmission lines from the Property as Purchaser intends to develup it to the existing water and sewer mains nearest the Property that service the Property. All off-site water and sewer costs shall be paie by Purchaser over and above the purchase price. F. Extensions of Time. In the event Purchaser or Seller is unable for whatever reason to obtain the above-mentioned approvals within the time limit expressed for each approval, the Purchaser shall have the option of extending the period for obtaining the approvals until December I, 1983, or terminating this Agreement and Obtaining a complete refund of all monies held in escrow plus interest and both parties shall be relieved of all rights and obligations under this Agreement. Seller shall cooperate in the attempt to satisfactorily accomplish all conditions precedent to this Agreement. Further exte~- sions may.be granted if agreed to by the parties in writing. Failure to Satisfy Condition Precedent. In the event either of the parties is unable to satisfy any condition precedent by the times set forth herein as same may be extended, Purchaser shall have the right to cancel this Agreement and all deposit monies plus interest shall be returned to Purchaser and both parties relieved of all rights and obligations hereunder. H. Access to Property. Purchaser shall have the right to enter upon the Property at any time for the purpose of doing earthwork and demuc~ing, making any surveys, measurements, examinations and tests as Purchaser deems necessary. Purchaser agrees to keep the Property free of any mechanic's liens. VI. PRORATION OF TAXES: SPECIAL ASSESSMENTS. Tax proration shall be as of the date of closing. Taxes shall be prorated based upon the taxes for the year of closing without regard to discount. If at the ~irne the closing takes place, the current year's taxes are not fixed and the current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If the current year's assessment is not available, then taxes will be prorated on the prior year's tax, provided, however, that notwithstanding' the figures used for the proration of taxes at the time of closing, the parties agreE tha= a re-proration will be made upon the issuance of the actual tax sta=ement ("ovember discount amount) for the taxable year. In the eve~t that certified,confirmed or ratified special assessments are payable in installments, then the installment payments are to be proratec as of the date of closing. The agreement of this paragraph shall sU~'..ive the closing of the transaction. VII. EXPENSES. State doc~mentary stamps which a~e required to be aff~xed to the deed, t!le cost of recording the purchase money mortg20e, a~~ t~~~e ~nsu~ance, shall be- ~aid by t~e Seller. Docu~entary .sta~~s a~ i~::3.!"'.0ible tax on the purchase :T!()!":c~' :-:'.or-tsac..;':,= an.2 Lhc cost of re::or=-~::.c t~e dee~ shall be paid b~' t~S ?~rchaser. VIII. DOCU~E~TS. At ti~e of closi~g, Selle~ shall furnish to Pur=hase~ a stat~tory warranty ceed anc mechanic's lien affidavit t~at t~e=e a~e no liens on the subject Property and t!lat no on is in possession of the Property. Purchaser's attorney m3Y pre?ar~ the pu~=~cse ~o~ey ~ote a~d mortgage. -.J- IX. RESE?:.'!'\.':'IO~~S, ~,ESTRICTIONS, E.z\SEME~TS ENCU:-1BP.ANCES. The Proper~y is to be con0eyed ~rom Seller to Purchaser subject to no reservations, restrict~ons, easements, or enc~~rances except those which do not re~der title unmarketable in the opinion of attorneys for both Seller and Purchaser orovided n0r~' shall imoair Purchaser's right to deve~op the Propel ~ t forth herein. Seller shall be responsible for tDe expense 01 ~ .t9t of any such unmarketable reservation, restriction, easement and ,_..uJrance. Any mortgage encumbrances or liens shall be discharged by Seller at the time of closing, exce~~ for the purchase money mortgage as set forth herein. X. CLOSr:G. Closing on the entire pr<?perty shall take place on or before December 31, 1983. XI. NOTICES. All notices by either party to the other shall be in writing and shall be addressed to the Seller as follows: Mode, Inc., Attn: Randy Crete, Vice President, 1408 N. Westshore Boulevard( Suite 906, Tampa, Florida 33607, and to the Purchaser as follows: The Satter Companies, Inc., 2330 South Congress Avenue, Suite 2-A, West Palm Beach, Florida 33406, Attention Sherry Lefkowitz Hyman. XII. BROKER. The parties represent and warrant that no other real estate co~~issions are due or payable and that no other real estate broker has been involved in this transaction other than Mode Realty, Inc. and Land Unlimited Realty, whose co~~issions Seller agrees to payout. Each party indemnifies and saves the other party harmless against any loss or expense that the other party may incur by reason of a claim against them for any other real estate co~~ission related to the sale of this Property which claim arises through any action of the other party. The covenants of this paragraph shall survive the closing of this transaction. XIII. PURCHASER'S DEFAULT.:- If the Purchaser fails to perform any of the covenants of this Agreement, the deposit monies plus interest on the deposit monies shall ,be paid over by the Escrow Agent to the Seller as liquidated damages and in full settlement of any legal or equita~le claim a~ainst the Purchaser by the Seller, and copies of all s~rveys, site plans, engineering plans and other data shall be delivered to Seller. XIV. SE~~SR'S DEFAULT. If the Seller fails to perform any of the covenancs of this Agreement, the deposit monies plus all interest shall ~e returned to the Purchaser upon the written demand by the Purchaser, or in the alternative, the Purchaser shall have the right of specif~c performance. XV. ATTC?~EYS' FEES. This Agreement shall be interpreted under the laws of the State of Florida. In the event litigation arising hereunder, the prevailing party shall be entitled ~o,reasonable attorneys' fees and costs. XVI. 0"-.;:' REPRESENTATIO,JS. This Agreement represents the entire Agr~e~e~~ be~ween the parties herewith. Any modifications, changes or alte=ations to this Agreem~nt shall be in writing and signed by the ~~r~ies. XVII. SU"Z':IVl\L A!"TER CLOSlCiC. All terms, conditions, responsi- bilities, du~ie5, p~ornises and obligations o~ both par~ies tha= require the in~0!ve~ent o~ either party after the closin9" as provided for in this A~ree~ent shall survive the closing and be binding upon t~e parties, t~eir heirs, representatives, successors and assigns. -5- .- XVIII. ASSIGNMENT. Purchaser shall have the right to assign this Agreement to any entity affiliated with Purchaser or a Federal Savings & Loan Association or Service Corporation or other entity financially suitable in the opinion of Purchaser and Seller and said entity agrees in writing to be bound by all the terms and provisions herein. The obligations, however, as well as the rights and privileges shall transfer with the assignment to the assignee. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: Seller: ffl~~ 1'// " '-' /' ,r/,/ a/~,~,= ~t///_/0___________ 'As to Sel'ler - MODE, INC7. , ~1~ By: i n, '(" , Vice President Purchaser: ...~ By: Rob STATE OF FLORIDA COUNTY OF PALM BEACH The foregoi~ instrument was acknowled~d before me thfiL~ day of -..:::1L.t./u.(.~1983, by ~~~}fi~~, Vice President of Mode, Inc., a Florida co oratiop on behalf of the corporation. ~~?2~j~~ Notary Public (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH My commission expires: N01ARY PUBLIC, State of Florida My Commission EJ,pires Dec. _lI, 1985 The f~going instrument was acknowledged before me this ~~ day of ~-0~~~' 1983, by Robert A. Satter, President of Stone haven Development ~orporation. a FlOrida Corporation, on behalf of the Corporation. ' (SEAL) ~~9 c2~~-J , Notary Public My commission expires j'WTARYPUSUC, State of Florid. My CommISSion upires De::. 17, 1935 is hereby acknowledged of the amount of TEN THOUSfu~D DOLLARS from Stonehaven Development Corporation. this day of Rh , 1983. Receipt ($10,000.00) (; Prepared by: Sherry Lefkowitz Randy Crete Gene Moore Robert A. Satter Patrick J. DiSalvo ~'- -,' i ('~' . I '-t--~ _I C/"---~'-'-7" ' Christopher Cook, Esq. Hyman Dated: Frederick Roth Ned Marks George A. Ray -6- . "'- -.. -'\,!iY'. - .......";': ~ . ' ~. . '.~ <..' ' '. , 4 ,(;Imber 10 428 02 000(''' '-nn) c- {,.J.- "LJ" . .&-1</", I] ~I -. '> CONTINUATION SHEET SCHEDU!.E A-5, ,PARCEL 3: / Tracts 26, 27, 37, 38, 39 and Tract 40, LESS the West 25 feet thereof, Tract 57, LESS the West' 25 feet thereof, and Tracts 58, 59 and 60~ LESS the South 25 feet thereof for right-of-way for Lake Worth Drainag~ Olstrlct Canal l-25 as recorded in Official Record Book 2063, at'Page 1416, Public Records of Palm 8each County, Florida; that portion of Tracts 6.and 7 lying South of the South Right-of-Way line of State ~oadNo. 5-804 ass a me ; s re cor d e din R 0 a d P 1 a t 800 k No.2, a t P age 2 1 7 t!l r ~ 22 (), ~ u :> 1 i c R e cor d s 0 f Pal m 8 e a c h Co un t y, F lor i d a; T r act s Ban d 2 5 L E S 5 t :ll? :..,,: er ! v 250 feet (as measured along the South Line of said State ~~a~ S-3C~; cf" the Northerly 700 feet (as measured along the Weste,.1)' line of saie ~racts 8 and 25) of that po,.tion of said Tracts lying Southerly of t~c Souln Right-of-,Iay line of State Road No. S-804; and LESS the :iest 25.0 '-eel of said portion of Tract 25; Tracts 66 ~hru 70 and the East 260 feet of Tract 71' LESS the North 60.0feet the reo f for Ri ght-o f-t,ay of La ke ;.Iodh 0,.., i nage o i s t r jet Can alL - 2 5, a 11 sa i d T r act s be i n g a po r t ion 0 f ?,] I m n e a c h Fa ,. m S Company Plat No, 8, recorded in Plat O'ook 5, at P.age 73, Public Records of Palm Beach County, Florida. Containing a gross acreage of 88.852 acres and a net of 82,527 ocres. Also described as follo,<5: A parcel of land in Section 30, iownship 45 South, Range <:3 Eest, ?ulm 8each County, Florida, more particularly described as TolloYls: Commencing at the center of said Section 30 run thence Easterly along an assumed bearing of North 8g0 49' 00" East along the East-liest Quarter ,Section Line 40,00 feet; thence North 010 10' 26" East 25.00 feet to the POl NT 0 F BEG Irl :1 I N G; the n c e con tin u e 1/ 0 r thO I 0 I 0' 26" E a s tal c r. 9 the E i!5 t Right-or-Way of a road recorded in Official Record uoo~ 2e75 Jt ?dJe 572, .Public Records of Pab Beach County, Florida, a distdn~e 0' 1556,19 feet; thence Ilorth 890 39' lJ' East 225.00 feet; thence I/ort~ Clo jJ' ZS' Ent '693.00 reet to a point in the Southerly Right-or.oay Lioe cr Stat~ Road ,no. 5-804 as Hoe Is rp(orded in ;load Plat Book 110. 2, at ?a;es 217 tr.ru 220, and Official Record 300k 7077, Page 1338, Public Records of Palm Ileach 'County, Florida; thence North 890 39' 11" East alon9 just said Right-of- _lIa~ 772.68 feet: thence South 010 01' 44" West 978,95 feet; thence tlorth 89 42' 26" East 314.95 feet; thence South 000 59' 33" \oIest 1283.41 feet to a point in the Northerly Right-of-Way Line of Lake \o/crth Drainage District Canal L-25 as said Right-of-Way is recorded in Official Record Book 2063, Page 1416,'Publlc Records of Palm 8each County, Florida; thence continue South 000 59' 33" l.Jest 85.06 fegt to the Southerly Right- of-Way line of said Canal l-25; thence North 89 49' 00" East along said Southerly Right-of-Way Line 1280.08 feet; thence South 000 46' 00" West 595.11 feet; thence South 890 51' 35" West 2205.28 feet; thence rlorth 010 04' 28" East 593,51 feet to a point in the said Southerly ~ight-of-:IJY Line of Canal l-25; thence continue I/orth 01004' 28" East 85,04 feet to the Northerly Right-of-Way; thence South 890 49' 00" West 347,16 feet to the POINT OF BEGINNING, less the Right-of-Way for Lake Wrrth Drainage District Canal L-25. Containing a gross acreage of 88.852 acres and a net of 82.627 acres. .f1,{ R .7:<..(::z:::;,<.o~ Y S -; 'I'-J' fA t/,[",u " ~?';) .:r -./- :zz /!.. ~p ,(Jt!() - .-e c= <P ' 8$,08 a,.--- . -Q ~ 2/ ~Od/ cc:>,;) ~~ / '" (, SP<J ~ ~~~ ?.88 '''It=- ~ .o/r A/v 1'11= .0/8 Alv SF -slJ'?d ~? ~ ~ ~ :r ~,<t C:>O, 000 ~ . 8 15-' 0 8 ./I 2,5' 208, 7S- J J" ,~.O ~/~ / //"1 c.- :IL /6{' x 0/8 A/<./ -:: 2, "left? ~ u ze& ~ >c .Olr ""'Iv = Y'. ..32(,) --c.~ 7. -3 <::l8 ~ ~~, "-~ . JIL 7..,308 A, S ,J, 6..s-Y .......... ~4~~ ..:::r ~ c.- ,,~ ~ I V 2 B / 20 8 ' J 0- A'.:J. 6.,JY ;:: / 0..3 J 0 7 Y , ?:? ~ ~tJ L, ~ s:;L,J 6. (. t:- P: A -- :T-(' '1" _ /' "- 1"<7 :r 166 x.. dl8 Jc 29,209.?C ;r.$" .......... <.--r:x::. F~"'L'7' /'A-r- .zr Z-B8 )\, 01<$- ~ 2 'il, Uf? /.,;r . S 10.3 / o7<t'. ? 7 / ~-.J-'7 .,j 22-7. '" O'7/v <,IZ II'fJ ' 87 / /6~ -f '=' 2 s 3 . 90 / u . # 2/1.:n Iv 60/ 'jJo. '10/2..8(1 ::: ;; '" ~2.. / ('T~. 8? == ~ 60 ,9..10' 90 7< ., , stc Hr ~~ l.~ FA- :Il.Y - ,/l c..;+7 .:r I 6Eo}<;. 0/8 )c 2 BIZa!? '?s )r,S .....'-' c...r:t:- F~~<.Y I"'-A-r .zT Z88 )( . 01>$- 0\' 2 Ii I Z-<>~, /,.;r . S /0.] I 077'. ? 7 / 7'-.1-,/ ,j 22-7, o '7 /v = Sf Z / / '7 J ' 8 7 / /6~ ..; -::0 ;?s-.3. 90 /(.1 - 60/ 9-30 . '/0 /2.. 8 e ,iV 2//, S7 /<.1 = , = .! "'2.. ,./0/''';>, 8? ::: .- 60 / 9-30.9" r....... s~ Hr' .::;t:.2:7._,~J"... :'" ./4:' __-~ M E MOP A N ~ ~ ~ A'ctgust 20, 1984 TO: Mr. Peter L. Cheney, City Manager FROM: Tom Clark, City Engineer Re: Knuth Road Drainage Attached hereto is a letter from Ric Rossi, dated August 20, along with a document requested to be sent to Mr. Winchester assuring him concerning the adequacy of the drainage for Knuth Road. I would like to confirm the following in the event a response to Hr. Rossi's request is made. 1. The drainage design for Knuth Road as per my observa- tion and the Design Engineer's (Satter Corp.) intent was to include the drainage for Knuth Road only as it is currently planned. 2. The drainage facilities to be constructed within the right of way for Knuth Road do not provide for any run- off from property on the west side of the right of way. 3. The drainage facilities to be constructed within the right of way for Knuth Road are not designed to take additional flows from improvements that mayor may not require additional rights of way. ~v~~~ , Tom Clark TAC:mb Attach. cc: Carmen Annunziato . Real Estate Developers . General Contractors . Planners & Architects . Engineers . Real Estate Brokers . Property Managers . Mortgage Bankers . Title Insurors The Satter Companies, Inc. T) r,rr~-"r1r.D' Fi---( '. j '.' '., r. ,;. ,.,\. JA.t._..::...../""~.~..~..;,''- V .).:....1_, June 11, 1984 '. ,"- JU\,~ ,~, 0 1984 Carmen Annunziato City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 rU\>J!'!: :.; OiPf." \ ---~--~~- Re: Stonehaven Dear Carmen: This is just to let you know that I have not received anything from either Mike Schroeder or Mr. Winchester regarding the right-of-way deeds, the manhole easement, or any of the other items that we talked about at our last meeting. I certainly don't want this to hold up anything in the future; I just wanted to let you know where things were at the presen~time. / Sincerely, , /)/ )1 s~errX-;fkowitz Hyman sr~'. V!pr &: General Counsel I V S'- :mm "ALL YOU NEED TO KNOW IN REAL ESTATE" 2330 South Congress Avenue West Palm Beach, Florida 33406 305-968-0750 . Real Bstah' Developers . General Contractors . Plannl'rs & Architects . Enl,~mt'ers . R{'ai E.sMte Brokers . Property Managers . Mortga~e Bankers . Title Insurors The Satter Companies, Inc. P 'PC'T:HTED\ t.' ',' ,'\:. ,', .,. " .Juri 11 lqn~ June 8, 1984 PLAN r'~ ll'H:.i ;] uYf. Mr. James W. Vance 1615 Forum Pl. W. Palm Beach, FL 33401 dE: Stonehaven/Villas of Banyan Creek Dear Jim: Stonehaven is a 454 unit planned unit development. The development was divided into two plats. Plat No.1 is a single family community known as Banyan Creek composed of 166 single family homesites. Each owner of a single family home in Banyan Creek will automatically be a member of Stonehaven Homeowner's Association, which association has the responsibility for maintenance and operation of the recreational facilities for that community. Plat No.2 is known as the Villas of Banyan Creek and will be composed of 288 rental apartment homes. The entire apartment community is owned by Banyan Creek Associates, Ltd., a Florida limited partnership of which The Satter Companies, Inc. is the general partner. The owner will have the responsibility for maintenance and operation of all of the property including the recreational fa-ilities servicing this community. As we discussed on the phone, at the time of our PUD approval, there was never a condition that the apartment community be developed as Ii condominium. This would be dictating the form of ownership for a j)iece of property which, as you know, would be improper. There has been no substantial change in the P UD approval. We have merely finally decided that for at least the next ten years, the Villas of Banyan Creek will remain a rental apartment community. if you have any questions or comments regarding the above, please do not hesitate to give me a call. erely, , ~ ' ,'./' .' ( lkLdJ/ s rr'1 Lef witz it, Sr vr &: G neral '{cf'::;el /ch cc: Carmen AlUlunziato "ALL YOU NEED TO KNOW IN REAL ESTATE" 2330 South Congress Avenue West Palm Beach, Florida 33406 305-968-0750 --..- ,. RECEIVED MEMORANDUM APR 26 l<!RI! PLANi\il'iG D;:PL 24 April 1984 TO: Peter L. Cheney, City Manager FROM: Tom Clark, City Engineer RE: Final Plat Approval, Stonehaven PUD, plat No. 1 Forwarded herewith is a print of the subject plat with the TRB approval stamp. In accordance with the note from the City Planner, street sewer laterals and service laterals are now shown on plans to serve the vacant property to the west of this project. All fees have bee~ paid including the administration fee of $12,823.52 and the recreation fee (in lieu of land) of $42,143.87 and have been delivered to the Finance Department along with the original bond document. The original plat mylar is in the custody of the City Clerk. A proposed resolution is also included herewith. ~y~ TOM CLARK /bks cc: Finance Director City Attorney City Clerk . ~ Planning Director~ utility Director j, if$. . Real Estate Developers . General Contractors . Planners & Architects . EnJ{ineers . Real Estate Brokers . Property Managers . Mortgal{e Bankers . Title Insurors The Satter Companies, Inc. ~ ~r- _r'-r:"T;~, (' -;~ ':: '"", L~~.~.ol.. " --~- December 14, 1983 DEe ;L 9 laas pLANNING OEPf~ iL.-.,--,:"- .' Carmen Annunziato City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 . ----. "" Re: Stonehaven Dear Carmen: Please be advised that we will market the Stonehaven plats under the name of Banyan Creek. ,I hope this clears up any confusion regarding the different names. Thanks for your help and cooperation. S 'ncerely, I efkowitz Hyman P. & General Counsel "ALL YOU NEED TO KNOW IN REAL ESTATE" 2330 South Congress Ave West Palm Beach, Florida 33406 305-968-0750 . Real Estate Developers . General Contractors . Planners & Architects . Engineers . Real Estate Brokers . Property Managers . Mortgage Bankers . Title Insurors The Satter Companies, Inc. ...-.., ~ ~~7:~~ -r-:--1....., ):...~.""'"~.i.....I-..... ., .-~- December 14, 1983 DEe ?,:0 1383 PLANNING DEP\", 4-7.-> #. Carmen Annunziato City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 Re: Stonehaven Dear Carmen: Please be advised that we will market the Stonehaven plats under the name of Banyan Creek. I hope this clears up any confusion regarding the different names. your help and cooperation. - efkowitz Hyman P. & General Counsel "ALL YOU NEED TO KNOW IN REAL ESTATE" 2330 South Congress Ave West Palm Beach, Florida 33406 305-968-0750 MEMORANDUM ~~f (r;(~ 30 December 1983 TO: Technical Review Board City Manager Central File FROM: Carment S. Annunziato Director of Planning RE: STONEHAVEN Accompanying this memo you will find a copy of a letter from Sherry Lefkowitz Hyman, counsel for the Satter Companies, which advises that the Satter project, Stonehaven will be marketed under the name Banyan Creek. Please advise if this name change presents a problem for your department. Ca. ~_ Je ~ Carmen S. Annunz~to Director of Planning /bks Attachment Mr. Paul Schofield, P.E. Shalloway, Inc. 932 North Dixie Highway Lake Worth, Florida 33460 South Florl.da ~ u .,.' ~,~', f'\_'~: J,'?-~;~~~'R ~.'oyE'.eul""'O"8C'''' ,~ ~(.t,.. '". 1<. .,..... ?J()tV'l R WodtUka, Deputy Executive Director Water ManagementDistrict Post Office Box V 3301 Gun Club Road West Palm Beach, Florida 33402 Jy Teleohone (305) 686-8800 ~ i ' Florida WATS Une 1-800-432-2045 IY \. December 16, 1983 \ RECEIVED IN REPLY REFER TO: DEe ! $) 1983 PLAt-lNING DE.f1T,/ ~ RE: Application No. 10143-B,' St~I,,,v,,,,, ISIuy"lu" Deach, Palm Beach COLlnty, Sect i'ofC30 , ToWhsni'p-4S-8 Range 43 East. Dear Mr. Schofield: Thank you for your additional information submittal of November 18. Although this response satisfactorily addressed the originally requested items, a technical inadquacy was noted in the revised calculations. As outlined in the SFWMD "Volume IV Permitting Information Manual", minimum road crown elevation should be no lower than 2 feet above control elevation in order to protect the road subgrade. In basins, 1, 2 and 4 proposed minimum road crown elevations are less than 2 ~eet above the revised control elevation of 8.5 feet. Please revise your design to conform with this requirement and resubmit the revised calculations and drawings. . In accordance with 40E-l.603(5) FAC, if the requested information is not received within 30-days of the date of this letter, this application may be processed for denial if not withdrawn by the applicant. Please submit two copies of the requested information. Should you have any questions, please call me at e>: t. 327. Sincerely, ~~ Nancy Metzger Water Management Resource Control J Neil Gallagher 51:. Cloud Nathaniel P. Reed Hobe Sound Aubrey L. Burnham OkeeChobee Charles l. Crvm~on Miami Shore. Kalhleen Shea Abrams Miami Shores NM/vlk cc: City of Boynton Beach Engineer Mr. Nathaniel Reed Mr. John Flanigan DER Robert L Clark, Jr. Chairman - Fort Lauderdale Stanley W. Hole Vice Chairman.Naples . Real Estate Developers . General Contractors . Planners &: Architects . Engineers . Real Eotate Broker. . Property Managers . Mortgage Bankers . Title Ineuron ~ ~~ The Satter Companies, Inc. cc ~~ t: -l Ii, ~,_.\ m ~.f Ni : ~~,.J;.i.--iJ1.. 'i.1::...-<1 December 29, 1983 JAN ", KP' PLANNIi,:G DEPT. Charles Walker, Jr. Director of Traffic Division Palm Beach County P.O. Box 2429 W. Palm Beach, FL 33402 Re: Stonehaven P.U.D. Plat #2 Dear Charlie: This is to confirm that the developer, Stonehaven Development Corporation, assumes the financial responsibility for construction of the left turn lane that we are required to build to service the Subject development. The cost of this construction will be based on the unit prices for the Congress Avenue widening project. However, please be advised that we may have some occupied dwelling Wlits pr'or to 1985. Sincer ly, :~~~~~~: << I I. SLH:mm cc: Carmen AnnWlziato Boynton Beach City Planner Fred Roth "ALL YOU NEED TO KNOW IN REAL ESTATE" 2330 South Congress Ave West Palm Beach, Florida 33406 305-968-0750 SA &E Satter Architectural & Engineering Group, Inc. 2330 S. CONGRESS AVENUE, WEST PALM BEACH, FL 33406 - 305-968-0750 December , 1983 City of Boynton Beach Planning Department P.O. Box 310 Boynton Beach, Florida 33435 Attention: Mr. Carmen Annunziato Direct,::>r Subject Stonehaven, Plat ~l and Plat #2 for The Satter Companies Dear Carmen: As per our recent telephone conversation, I have enclosed herewith the following: 1) Six (6) copies of the proposed plat for Plat #1, Stonehaven P.U.D. prepared by Richard L. Shepherd & Assoc. 2) Six (6) copies of the proposed plat for Plat #2, Stonehaven P.U.D. prepared by Richard L. Shepherd & Assoc. 3) One (1) set each of the proposed construction draw- ings for Plat #1 and Plat #2, Stonehaven P.U.D. prepared by The Satter Architectural & Engineering Group, Inc. (in 15 sheets and In 13 sheets respect- i vel y ,jated !~ugust 31, 1983 'Ni th rev i si ons). I bel i eve that these are the items wh i ch ,YOU needed to compl ete the pacKages for presentation on the December 13, 1983 Planning and Zoning Board Meeting. Please contact me if yOU need any additional information for this project. ThanK yOU for your cooperation in this matter. Very truly yours, SATTER ARCHITECTURAL & ENGINEERING GROUP, INC. </1--~/. ('~~-------~---------------~v ~DERICK ROTH, JR., P.E. FR/cd .:':: 3herry Hyman Ned Mar.Ks " ,__ '_,_~~__ ,.~,'_.''''___,__ U__,"~ _" .".',' _'. ".-. ~"J,' "'~"";'-,:~-'"...~, ' ".-.--'"'-- ~.~f/t'!.....,,~ r... r-r,'''~''c("~ 'l\~) t /';\}~l~~" t r;1 t (iJ I" ;,1 li! C\!\Ilil~ Cli!:;1l1i,-,i("wr-. ,-rj-- i S /V! //;:l '., I:. 1:\;.:1 C::'H!jLHI h('1l Sl~ilha". \"il'l' Chairman [I,-nr;i'. p, "~(ld~l('f l"m'llly '''ilkcil Lill Hailn December 1, 1983 f,;.t:~,'~\"',:" i-\'-~"( , ",,""i- I ' . \r:'",- _~ . f..J-( '....: \/.' Drp"rtmr>r>i ot Engineering an:: PUlllic VJorks H. F, KJhlert County Errgineer Mr. Frederick Roth, Jr., P.E. Satter Architectural & Engineering 2330 So. Congress Avenue W. Palm Beach, FL 33406 Group, Inc. SUBJECT: Stonehaven, P.U.D. - Plat 2 Dear Mr. Roth: This letter is to confirm the results of your November 30 conversation with Andrew Hertel of this office, in which it was suggested that the construction of the left turn lane you are required to build to serve the subject development be delayed and incorporated into the Congress Avenue 4-laning project scheduled for fiscal year 84-85. It is my understanding that there will be no occupied dwelling units in this project until, at least, 1985. If it is your desire to accomplish this turn lane construction as was suggested, please indicate in writing to this office that the developer is willing to assume financial responsibility for the construction of this left turn lane. The cost for this construction would be based on unit prices for the Congress Avenue widening project. If you have any questions or require additional information, please do not hesitate to contact this office. Sincerely, OFFICE OF THE COUNTY ENGINEER RECEIVED Charles R. Walker, Jr., P.E. Director, Traffic Division DEe ,,1983 Plf\NNING DE.PT~ CRW:ASH:ct ~armen Annunziato, Boynton Beach City Planner Joan Delcamp, Permits Don Knapp, Design COO"~"~ ,",_J/", ')/''::'0; \', t: c.:;T ,~ ,'_,--,1 " l ': r:~:: i"J C i~ 1__ n ~-:' '1/\ ~,':': , ~; , ~'.. (~~Dc) ~ RECEIVED NOV 1983 PLM~Nli~G DEPT. November 29, 1983 TO: 'Mr. Carmen Annunziato, City Planner ~ /,..R :,,~~ I~ FROM: Tom Clark, City Engineer Re: Sales Agreement for Stonehc Forwarded herewith is the subject sales agreement for use in determining the recreation fee for Plats I and II for Stonehaven P.U.D. -~ ~- /mJ Tom Clark TAC:mb Attach. STONE HAVEN PLAT NO.1 ENGINEERS COST ESTIMATE PAVING -QADING AND DRAINAGE ----------- .------------------------------------------------------------------- ---------- ------------------------------------------------------------------- Sc.d 3400 SY J!::1 $ 1. 00 SY $ 3400.00 4'x4" COYle. 5/W 6720 LF (~ $ 5.512' LF $ 36360.00 4'x6" CC'Y"IC. S/W 16812' LF 1]1 $ 7.50 LF $ 12600.00 --------- .58360.00 ~~-_._- ------------ -....--.--.-------- .._--~--_.._-,--"------- -- -~--_.. --- ---~--~~.._., .----. -------.-----...-.------ .--.-.----- d ..... ,A:r~. .3 /IZ /8-S;- --.-----------. -- ----------.'.- ........- RECEIVED NOV 1 f, 19B3 PLANNING DEfT i - f' MEMORANDUM November 17, 1983 . . TO: Tom Clark, city Engineer FROM: Craig Grabeel, Special project & Energy control Officer SUBJECT: Stonehaven P.U.D. - preliminary Plats (1 & 2) Per our discussion of subject development plans at this morning's Technical Review Board, the following comments are offered: 1. The plats show all streets as private rights-of-way. streetlighting is noted as to be designed and installed by FPL on all streets with the exception of the drive- ways and parking areas in the multi-family area (Plat 2). 2. The plans indicate the use of "Contemporary" luminaires mounted atop 20' concrete poles, and utilizing 150w/ 16000 Lumen HPSV lamps -- approximately 33 in Plat 1 and 11 in plat 2. . Although the above fixtures are quite acceptable in driveways, cul-de-sacs and minor loop roads, they are considered more as an area or aesthetic lighting treatment than as a roadway lighting application. These fixtures are not considered adequate for a 60' main thoroughfare such as Banyan Creek Drive which, inciden- tally, connects congress Avenue with Knuth Road to the west. Therefore several modifications were discussed with Mr. Fred Roth, representative for the Satter Group, which are summarized as follows: 1. Recommend that the lighting along Banyan Creek Drive utilize 30' concrete poles with standard overhead brackets and refractorized cut-off luminaires. This would provide vastly improved lighting distribution along the roadway, utilizing the proposed l50w/16000 Lumen HPSV lamps. 2. Recommend that the use of 100w/9500 Lumen HPSV lamps be considered in the private loop roads and cul-de-sacs in the single-family area. This would reduce both energy consumption and cost to the homeowners association and .~-u~. SA / &E / i / ,t / /~ < .....~ Satter Architectural & Engineering GrouP. Inc. 2330 S. CONGRESS AVENUE, WEST PALM BEACH, FL 33406 - 305-968-0750 ---------. November 22, 1983 City of Boynton Beach 200 North Seacrest Boynton Beach, Florida " 33435 \ Attention: Mr. Tom ClarKe ~ity EngineH/~ -..r~ / -- ._~------ "- Subject ~~/~c_o~n.~) Dear Tom: As per your request in our telephone conversation of November 17, 1983 I have enclosed herewith a COPy of the Purchase and Sale Agreement betwee~ the former property owners Mode, Inc. and Stonehaven Development Corporation which covers the Stonehaven P.U.D. Property. Please note that the purchase price, as indicated on this document, will be 2.4 mill ion dollars for the entire parcel (including Plat #1 and Plat #2). As we discussed, it is our understanding that we have satisfied 1/2 of th~ mandatory parKs and recre~tion contribution by construction of the recreation areas in Plat #1 and Plat #2 and that the remaining 1/2 will be paid to the City at the time of platting. For purposes of this payment, we are requesting that you allocate a pro-rata share (based on your formula for single and multi-family housing) of the remaining monies to each of Plat #1 and Plat #2 when determining the amount of money owed to the City. Please notify me as soon as possible, as to the total amount of monies owed so that we can proceed with getting the necessary checKs. Please contact me if you have any questions or comments concerning this matter. Very truly yours SATTER ARCHITECTURAL & ENGINEERING GROUP, INC. ~/. ~ ------~~-~-------- , F DERICK ROTH, JR., P.E. FR/cd cc: Sherry Hyman '- , , PURC1!Z\SE ^"O SALE AGREE~lENT This Agree"lent made and entered into this 2nd day of ?ebruary , 1983, by and between MODE, INC., a Florida corporati.on, hereinafter refered to as "Seller", their heirs, personal representatives and assigns, and STONEflAVEN DEVELOPHENT CORPORATION, a -:o~ida -corporation, or Nominee, hereinafter referred to as "Purchaser", i-::s successors and assigns: For and in consideration of the sum of TEN AND NO/IOO ($lO.OOl DOLLA?S and other covenants and considerations hereinafter set forth, the Seller does hereby agree to sell and the Purchaser does hereby agree to purchase the following described parcel of land lying and being in Boynton Beach, Florida, more particularly described on Exhibit 'IAII attached hereto and made a part hereof, which consists of approximtely 86.38 acres, hereinafter referred to the "Property.'I 1. PURCHASE PRICE. The purchase price to be paid for the subject Property shall be paid as follows: A. TEN THOUSAND ($10,000.00) DOLLARS upon execution of this Agreement by Purchaser, which sum shall constitute an earnest money deposit and shall be held in escrow by Christopher Cook, Esquire, as Escrow Agent. Said Escrow Agent is hereby authorized to invest the deposit monies in a Honey Market account at Fidelty Federal Savings & Loan Association of West Palm Beach, Florida, or similar interest. bearing account as directed by Seller in writing with a copy to Purchaser. All interest shall accrue to the benefit of the party entitled to the deposit as set forth herein. At closing, such interest shall be paid to Se~ler and the deposit refunded to Purchaser; and Bo $2.4 million dol~ar5, all cash due at closing; or C. $2.5 million dollars, paid as fOllO~$625,000 at in cash, cashier's or certified check, and $1,875~0 secured by purchase money mortgage and note which provides: closing a 1. Unpaid principal to accrue interest at the rate of CitiBank Prime R2,':e as debcrmined on the 1st day of each month plus J_% commer:cing on the c.ate of closing. 2. Principal and interest payable monthly, amortized over two years. 2.nd payable 3. In two All unpaid principal and interest shall be due (2) years from the date of closing. 4. No pre-payment restrictions or penalties; 5. Said mortgage to be assumable by any entity a~filic~ed wi~h Purchaser, a Savings & Loan Association or its service c~.rpor&t~on, or any entity financially suitable in the opinion of Purchaser and Seller, and said entity agrees in wiiting to be bound by al: the terms a~d covenants of said mo~tgage; 6. No due-on-sale clause, provided the mortgage is assumed lD accorda~ce with the te~ms set forth in Article I.C.S. i~~ediately a~ove. 7. So long as the mortgage is not in default, oartial releases from the purchase money r~'lortgage shall be provided by Seller. All parcels released will be free 0:: all r:Lortgage enCUmbr2f'.C~?S a!1c liens c':~?r than taxes in the y~ar of closing and subsequent years, zoni~g a~d easements and restr~ctions and reservations of record. For each release, Purchaser s~al:, at its sole ex?c~se, provide to Seller 2 :egal ~escri?tio~ o~ ~__2 Prope~~y to be released, in recordable for~l 9rep2re~ by a c~ofessio~a: engi~eer or land surveyor. 8. Seller shall subordiI1ate the ii_en of said mortgage to any acquisition, develop~eIlt and constructioTl financing, and agrees tc sian ~he ola~ and any condo~linium documents of the Property if and when pl~tte~ o~ submitted to condominium. Seller shall have fourteen (14) dal to ~eview and approve Pu~chase~'s construction budget, the terms of the const~uctio~ loan a~d the plat as to reasonableness, which approval shall not be unreasonably withheld or delayed. If Seller has not approved such matters or provided the conditions for such approval within said 14 days, suc~ matters shall be deemed approved by Seller for the purpose o~ this Agreement. c. The purchase price includes the following: 1. All engineering plans, surveys and soil tests done to date including the revised master site plan, boundary survey and topographic surveys. Seller, however, makes no warranties regarding the accuracy of such plans, surveys, or tests. 2. The $4,000 contribution paid by Seller to upgrade the lift station to service the station. II. TITLE EX,~~I~ATION. Within thirty (30) days from the date of this Agree8e~t, t~e Seller shall, at his expense, deliver to the Purchaser or its attorney, a co~~itment for Title Insurance, issued by a company approved by the Purchaser, agreeing to issue to the Purchaser, upon the recording of the Deed involved herein, a Title Insurance Policy insuring the title of the Purchaser to said Property in the amount of the purchase price. Said Title Insurance policy shall be subject to only those liens and encumbrances as described on Exhibit "S" attached hereto and made a part hereof. The final Title Insurance policy will exclu~e any exception as to mechanic's liens, matters that might be determined by an accurate survey, and rights of parties in possession. Purchaser shall have ten (10) days from the date of receipt of the Title Commitment to examine same. In the event the Purchaser finds defects rendering title unmarketable, uninsurable, or which impair Purchaser's ability to develop the Property as it intends, the Purchaser shall notify the Seller within the afore- said period of time and Seller shall have ninety (90) days from said notification of objection within which to cause same to be corrected. In the event Seller is unable to correct said defect within said period, the Purchaser shall have the option of terminating this Agree- ment and receiving the escrow deposit plus interest} or electing to proceed with the transaction by accepting the title in its then existing condition with no diminuation of the purchase price. Failure by the Purchaser to give notice of title objection within the period stated herein will be deemed a waiver unless copies of items referred to in the title binder have not been furnished to Purchaser, in which event the ten (10) day period shall not begin to run until all these items are received by Purchaser, III. SURVEY. Seller has provided to Purchaser a copy of a survey of the Property prepared by Robert E. Owen & Associates dated February l' 1981. Seller agrees, at its expense, to have the survey updated and certified to Purc~aser. Purchaser shall exami~e said survey, and if survey shows an encroachment or any matter which would impair Purchaser being able to develop the Property in accordaIlce with Purchaserls site plan, it shall ~e treated as a title de~ect and Purchaser shall give written notice or the defect within sixty (60) days from the date of ?rovision of th8 l.tyCated survey. If an accurate survey of t]1e Proper~y reveals that the Property is less than 86.88 gross acres or 85,078 net acz"es, ?urchaser s~all have the option of ter~inating this Agreement and receiving a refun~ of the deposit plus interest oc electing to proceed with the transaction with no diminuation of the purchase prlce. IV. CONDE~NATION. If any portion of the Property is conde~1ed or under condexnation ?ursuant to a notice of taking by apprc)priate -2- author~ties prior to ttlB time of closing, t~le Purchaser stlall have the optiQ~ o~ ob~ainins a refu~~ of all monies deposited hereunder plus interest and ter-~,inat=-!1g -=his Agreement, or taking the ccnde~natian order or the expectanc~' thereof in its entirety witjout adjustrnent -=0 the p~rc~ase p~ice. If Purchaser stlall elect the "option of termi~ating this Agreement, then such notice of termination shall be made wit ,in fiftee!1 (15) cays of the Purchaser receiv,ing a copy of the notice of taking. Se:ler agrees not to enter into any settle- ment of anv condemnation proceedings or eminent domain award without t:le prior written consent of Purchaser. V. CONDI~IONS PRECEDENT TO CLOSING. The following are express conditi.ons prece~erlt to the Purchaser and Seller completing performance of this Agreenlent: A. Zoning. Seller represents that the Property is zoned R-2. Purc~~ser shall forthwith apply for written approval of a rezoning of the PrQperty from duplexes to allow for development of the Property in accordance with the revised site plan attached hereto and made a part hereof as Exhibi~ "Cl'. Purchaser shall, withirl six (6) months from the date of submission of the application for rezoning and special excection, obtain accroval of such rezoning and special exception of the'Property from R~2 to P.U.D. in accordance with Purchaser's mas~er si~e plan, or it may be considered by Purchaser that this condition precedent has not been satisfied, B, Development Apcrovals. Purchaser shall promptly and diligently proceed to ap?ly for all written governmental approvals including ~ut not limited to master site plan and other approvals necessary to obtain a building permit, which applications Seller shall hEve the right to approve, upon request, and which approval shall not be unreasonably withheld. Within six (6) months from the date of submission of the rezoning application, Purchaser shall obtain approval from all applicable gov~rnmental agencies of the Purchaser's master site plan aL:2 development plarls and other items necessary to allow the development of the Property in accordance with Purchaser's master s~te plan. In the event that the govermental agencies deny such approvals or impose other than usual or customary land use restric~ion~ which are unacceptable to the Purchaser at t~e time of any approvals, it may be consicered by Purchaser for the purpose of this Agreement that the Purcha?~r's master site plan and development plans were disapproved, C. Soil and Topogra?hic Tests. 1. Seller has provided to Purchaser copies of soil boring results performed by Goldcoast Engineering & Testing Con~any, Inc. Said results reflect the existence of a substantial amount of muck on the ~~opcrty. 2. It shall be Purchaser's obligation to do all the earthwork necessa~y to make the Pro?erty suitable for ~evelopment as set for'-~ in the attactQd plan si.te. Ssller an..l 3. All ear~hwo!:k shall be ?~rshaser, provided t!lere is a under the su?crvision of pUl-c~ase mone~/ mor tgage. both 4. Th,~ provis~ons of ~hlS ?ar2~raph shall survive -the cl.OS~'_:-lg. D. On-Si~e \~aLer/Sewer. Within six (6) nlonths from the date ~-_..- of submission of the rezoni~g application, Purchaser shall enter into a contract with the appro~riate utilities authorities and obtain approval frolll the hea~t~ depar~~rent, ~or the furnis~ing of 456 residential water and sewer conI1eCtio~s at rates acce9ta~le to Purchaser. -,- J E. Of~-Si.-=e~ ';~Tate1:/SC'",'_~~~_Li~es_. ~'i7ithin six (6) p.lonths from the date oi this l-:...gree:nen+.:, ?'J!:"-chaser shall obtain all writ.:ten approvals for installation and hoo~-up of the !lBCessary off-site water and sewer transmission lines from ~~c Property as Purchaser intends to develop it to the existing water and sewer mains nearest the Property that service the Property. All off-site water and sewer costs shall be paid by Purchaser over and above the purchase price. F E)~tensions of Time. In the event Purchaser or Seller j.s unable for wh~tever reaSOn to obtain the above-mentioned approvals withir the time limit expressed for each approval, the Purchaser shall have the option of extending the period for obtaining the approvals ul1til Deceniller 1, 1983, or terminating this Agreement and obtaining a complete refund of all monies held in escrow plus interest and both parties sha~l be relieved of all rights and obligations under this Agreement. Seller shall cooperate in the attempt to satisfactorily accomplish all conditions precedent to this Agreement. Further exten- sions may.be granted if agreed to by the parties in writing. Failure to Satisfy Condition Precedent. In the event either of the parties is unable to satisfy any condition orecedent by the times set forth herein as same may be extended, Purchaser shall have the right to cancel this Agreement and all deposit monies plus interest shall be returned to Purchaser and both parties relieved of all rights and obligations he~eunder. H. Access to Prooerty. Purchaser shall have the right to enter upon the Property at any time for the purpose of doing earthwork and demuc~ing, making any surveys, measurements, examinations and tests as Purchaser deems necessary. Purchaser agrees to keep the Property free of any mechanic's liens. VI. PRORATION OF '::'AXES: SPECIAL ASSESS:>1ENTS, Tax proration shall be as of the date of closing. Taxes shall be prorated based upon the taxes for the year of closing without regard to discount. If at the cime the closing takes place, the current year's taxes are not fixed and the current year's a~sessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If the current year's assessment is not available, then taxes will be prorated on the prior year's tax, provided, however, that notwithstanding' the figures used for the proration of taxes at the time of closing, the parties agreE that a re-proration will be made upon the issuance of the actual tax statement (November c:iscount amount) for the taxable year. In the event that certified,confirmed or ratified special assessments are payable in insta!lments, then t~e ~nstallnlent payments are to be prorate( as of the date of closing. 7he agreement of tnis paragra?h shall survive the closing of the transaction. VII. EXPENSES. State documentary stamps which are required to be affixed to the deed, t!le cost of recording ttle purchase money mortgage, and t~~:e insurance, shall be paid by the Seller. Documentarv stamos ar i~tangible tax on the purchase ~orLey mortgage and the cost of~recor~ing t~e deed shall be paid by the ?urchase~. VIII. DOCUME~TS. At tiDe of closing, Seller shall furnish to Purchaser a statutory warranty ceed and mechanic's lien affidavit that there are no liens on t~e subject Property arld ttlat no on is in possession of the Property. Purchaser's attorney ~3Y ?repare the purcha.se ;no:~'.ey :lote a~d mortgage. -.J- ~x. ~ESEE~~~~f~'~q"~~_~_,___~,SS'I~~IC'l'IO);S..!. EA~_EME~,JTS~~::NCUL~[l?J\NCES. The Proper-:.y is t..:-o be conveyc:d =~om - Seller:- to Purcti2Ser subject. to no reservations, restrictions, easements, or encumbrances except those which do not render title uDrnar\etable in the opinion of attorneys for both SelJ.er and Purchaser provided 110thing shall impair Purchaserls right to devE_op the Property as set forth herein. Seller shall be responsible for the ex~ense of removal or any such unmarketable reservation! restriction, easement and encumbrance. Any mortgage encumbrances or liens shall be discharged by Seller at the time of closing, except for the purchase woney mortgage as set forth herein. X. CLOSING. Closing on the entire property shall take place on or before December 31, 1983. XI. NOTICES. All notices by either party to the other shall be in writing and shall be addressed to the Seller as follows: Mode, Inc., Attn: Randy Crete, Vice President, 1408 N. Westshore Boulevard, Suite 906, Tampa, Florida 33607, and to the Purchaser as follows: The Satter Companies, Inc., 2330 South Congress Avenue, Suite 2-A, West Palm Beach, Florida 33406, Attention Sherry Lefkowj.tz Hyman. XII. BROKER. The parties represent and warrant that no other real estate conunissions are dae or payable and that no other real estate broker has been involved in this transaction other than Mode Realty, Inc. and Land Unlimited Realty, whose conunissions Seller agrees to payout. Each party indemnifies and saves the other party harmless against any loss or exoense that the other party may incur by reason of a claim against them for any other real estate co~~ission related to the sale of this Property which claim arises through any action of the other party. The covenants of this paragraph shall survive the closing of this transaction. XIII. PURCHASER'S DEFAULT..- If the Purchaser fails to perform any of the covenants of this Agreement, the deposit monies plus interest on the deposit monies shall be paid over by the Escrow Agent to the Seller as liquidated damages and in full settlement of any legal or equitable claim against the Purchaser by the Seller, and copies of all surveys, site plans, engineering plans and other data shall be delivered to Seller. XIV. SELLER'S DEFAULT. If the Seller fails to perform any of the covenants of this Agreement, the deposit monies plus all interest shall be returned to the Purchaser upon the written demand by the Purchaser, or in the alternative, the Purchaser shall have the right of specific p0rformance. XV. ATTORNEYS' FEES. This Agreement shall be interpreted under the laws of the State of Florida. In the event litigation arising hereunder, the prevailing party shall be entitled to reasonable attorneys' fees and costs. XVI. ORi-'\L REPRESENTATIONS. This J\.greement represents the entire Agreement. bl~-:l,'Jeen the parties herewith. Any modificati::Jns! changes or alterations to this Agreem8nt shall be in writing and signed by the parties. XVII. SURVIVAL AFTER CLOSING. All terms, conditions, responsi- bilities, duties, promises and obligat~ons of both parties tha~ require the involvement of either party after the closing as provided for in this Agreement shall survive the closing and be binding upon t~e parties, their heirs, represe~tatives, successors and assigns. -5- XVIII. ASSIGNMENT. Purchaser shall have the right to assign this Agreement to any entity affiliated with Purchaser or a Federal Savings & Loan Association or Service Corporation or other entity financially suitable in the opinion of Purchaser and Seller and said entity agrees in writing to be bound by all the terms and provisions herein. The obligations, however, as well as the rights and privileges shall transfer with the assignment to the assignee. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: Seller: .J~M/--.L::J / ~ / // /,>.- // ':'____/.~:/~L As to Sel'ler ",i/ . .- .. - ../ ~/;//?:r"'_,<': /-~-,--- ./ MODE, ,I,NC1., . ~1~ By : ," / 1'.., / ,~" Vice President Purchaser: ..?~"A- By: Rob STATE OF FLORIDA COUNTY OF PALM BEACH The foregoi~~ instrument was acknowled~d before me th~~~ day of ....:::t;;.&.IU.<:~~1983, by Rtlf~} Kc.T~, vice President of Mode, Inc., a Florida co oration' on behalf of the corporation. ~~/ (2G~j~~~ Notary Public (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH My commission expires: NOTARY PUBLIC, State of Florida My Commission Expires Dec. - V, 1985 The f~going instrument was acknowledged before me th~s ~~ day of "c7'--e-~~~, 1983, by Robert A. Satter, PreSloent of Stonehaven Development Corporation, a Florida Corporation, on behalf of the Corporation. . (SEAL)~~9 Q~L,~.-; ~, Notary Public My commission expires ;'WTft,RY PUBLIC, State of Florid, My Commis.sion Expires Dec. 17, 1935 is hereby acknowledged of the amount of TEN THOUSfu~D DOLLARS from Stonehaven Development Corporation, this -- I day ofJ-C,'/ , 1983. Receipt ($10,000.00) (,'; / Prepared by: Sherry Lefkowitz Randy Crete Gene Moore Robert A. Satter Patrick J. DiSalvo ~' : -,: II:., /' ./ /, <..i-''v-7 "i /L- L /,-,~~~'~7 U .c: Christopher Cook, Esq. Dated: Hyman Frederick Ned Marks George A. Roth Ray -6- '- \'!t)' ~-:~ ;'.. " , CONTINUATION SHEET SCHEDULE A-5. PARCEL 3: / Tracts 26, 27, 37, 38, 39 and Tract 40, LESS the West 25 feet thereof Tract 57, LESS the \'Iesf 25 feet thereof, and Tracts 58,59 and 60., LESS the South 25 feet thereo f for ri ght-o f-way for La ke Worth Ora i nage District Canal L-25 as recorded in Official Record Book 2063, at'Page 1416, Public Records of Palm Beach County, Florida; that portion of Tracts 6 .and 7 lying South of the South Right-of-Way Line of State Road No, S-80~ as same is recorded in Road Plat Book No.2, at Pa0e 2J7 t!lr'J 220, :>"jlic R e cor d 5 0 f Pal m B e a c h Co u n t y, F] 0 rid a; T r act s 8 and 2 5 ~ E S S t:: r :,.,,: u ; v 250 feet (as measured along the South Line of said State ;:a: 5-3C:; cf' the Northerly 700 feet (as measured along the Westerly 1 ine of saio 7racts 8 and 25) 0 f t hat po r t ion 0 f sa i d T r act sly i n 9 So v the r 1 y 0 f t '1 e Sou t ,1 Right-of-Way line of State Road No. 5'-804; and LESS the "est 25,0 feet of said portion of Tract 25; Tracts 66 thru 70 and the East 260 feet of Tract 7 1 'l E S S the Nor t h 60.0 fee t the reo f for Rig h t - 0 f - (, a y 0 f La k e \'{ 0 ,. thO,' a i n a 9 e o i s t r i c t C a 11 alL - Z 5, all s a I d T r act s be i n gap 0 r t ion 0 f P a Ln 8 e a c h F a l'm s Company Plat No, 8, recorded in Plat Book 5, at Page 73, Public Records of Palm Beach County, Florida, Containing a gross acreage of 88,852 acres and a net of 82.627 acres, Also described as follo\1s: A parcel of land in Section 3D, iownship ,15 South, Range ';3 ~cst. Pulm Beach County, Florida, more particularly described a? fol10,tls: Commencing at the center of said Section 30 run thence Easterly along an assumed bearing of North 890 49' 00" East along the East-i,est Quarter ,Section Line 40,00 feet; thence 1I0rth 010 10' 26" Eilst 25,00 feet to the POINT OF BEGINlIING; thence continue North 010 10' 26" East alccg the East Right-of-Way of a road recorded in Official Record 300~ 2075 at ?aje 572, .Public Records of Pal::1 Beach County, Florida. a distance of 1566,19 feet; thence Harth 890 39' i I' East 225.00 feet; thence kart') 010 ; J' 25- Ent '693.00 feet to a point in the Southerly Ri9ht-of-~ay Lir.e ~f State ~oad ,rlo. 5-804 as HOle Is rHorded in iload Plat Book !lo. Z, Jt -ages 217 U:ru 220, dnd Officldl R~cord 300i. 2077, Pdge 1338, Pub11c Records of Palm Beach 'County, Florida; thence 1I0,.el1 890 39' 11" East alon9 just said Right-of- .Wa~ 722.68 feet; thence South 010 01' 44" West 978.95 feet; thence North 89 42' 26" East 314,95 feet; thence South 000 59' 33" West 1283,41 feet to a point in the Northerly Right-of-Way line of lake Worth Drainage Dist,.ict Canal L-25 as said Right-of-Way is recorded in Official Record Book 2063, Page 1416,'Public Records of Palm Beach County, Florida; thence continue South 00059' 33" Hest 85.06 fest to the Southerly Right- of-Way line of said Canal L-25; thence North 89 4g' 00" East along said Southerly Right-of-Way Line 1230.08 feet; thence South 000 46' 08" i'lest 595.11 feet; thence South 890 51' 35" West 2205.28 feet; thence ilorth 010 04' 28" East 593,51 feet to a point in the said Southerly Right-of-:iuy line of Canal L-25; thence continue North 01004' 28" tast 85,0,1 feet to the Northerly Right-of-Way; thence South 890 49' 00" West 347,16 feet to the POINT OF I3EGINNING, less the Right-of-Way for lake We rth Drainage District Canal L-25. Containing a gross acreage of 88.852 acres and a net of 82,627 acres. 2330 S. ~IV.~ ,~( vJl. j ~-irlil CONGRESS AVENUE, WEST PALM BEACH, FL 33406 - 30&-968-0750 / jl" '! eft. a(~( Ie> y & Inc. , SA &E Sattel' Architectural Engineering Group, September 7, 1983 City of Boynton Beach 200 North Seacrest Boynton Beach, Florida 33435 ~eceived Date :nme Attention: 1"lr. Tom Clarke, P.E. Ci ty Engi neer Subject Stonehaven, PUD Plat #1 For The Satter Companies Dear Tom: Pursuant to receiving prel iminary plat approval for the above referenced project, we have enclosed herewith, the following: I) Two (2) sets of the construction drawings for the subject project prl?pared by The Satter Archi tectural 8< Engineering Group, Inc. (in 15 sheets dated August 28, 1983). 2) One (1) COpy of the D.O.T. Storm Water Tabulation Sheet and associated drainage area map. 3) One (1) copy of the Surface Water Management Plan prepared by Shalloway, Inc. 4) One (1) copy of the Construction Cost Estimate for the subject property. 5) A checK for $50.00 payable to the City of Boynton Beach for the Plat Review Fee. The water and sewer systems will be dedicated to the City and copies of these plans are being sent to Mr. Perry Cessna, Util ities Director for the Cih' of Boynton Beach for their review and comment. Also, it I,"ill be necessary for us to receive a Street Connection Permit from the Florida De p ar tme n t of Tr' an s,p or tat i on as we I 1 a s aUt i lit y Con s t r u c t I on Pe r'm i t f r. om that same organization for the facil ities to be constructed in State Road 804 (Boynton West Road). Plans are being sent to them for their review and comment on these items. We are requesting that you review the plans submitted and provide us with any comments that you have concerning the information shown thereon. Following receipt of these comments and the comments frOm the other agencies involved, we will make the necessary modifications and submit final copies of the plans for prel iminary plat approval. Please contact me if you have any questions or comments concerning this information. Very truly yours, SATTER ARCHITECTURAL & ENGINEERING GROUP, INC. FR/cd cc: Bob Satter Sherry Hyman Ned Marks ~ P.E. . STONEHAVEN 'P.U.D. - PLAT #1 CONSTRUCTION COST ESTIMATE SUMMARY ITEM NO. ITEM AMOUNT 1 2 PAVING AND DRAINAGE SYSTEMS $556,632.00 3 SANITARY COLLECTION SEWER SYSTEM 217,141.00 215,497.00 WATER DISTRIBUTION SYSTEM TOTAL $989,270.00 PREPARED BY: Satter Architectural & Engineering Group, Inc. 2330 S. Congress Avenue West Palm Beach, Florida 33406 September 9, 1983 >TONEHAVEN P. U. D. - PLAT 111 SA~LTARY COLLECTION SEWER SYSTEM CONSTRUCTION COST ESTIMATE ITEM UNIT NO ITEM QUANTITY PRICE AMOUNT 1 8" V.C.P. Gravity Sewer Main (a' -6' Cut) 2,603 L.F. $ 9.00 $ 23,427.00 2 8" V.C.P. Gravity Sewer Main (6'-8' Cut) 2,915 L;F. 12.00 34,980.00 3 8" V.C.P. Gravity Sewer Main (8'-10' Cut) 791 L.F. 14.00 11,074.00 4 8" V.C.P. Gravity Sewer Main (10'-12' Cut) 641 L.F. 18.00 11,538.00 5 10" V.C.P. Gravity Sewer Main (8'-10' Cut) 616 L.F. 15.00 9,240.00 6 10" V.C.P. Gravity Sewer Main (10'-12' Cut) 581 L.F. 19.00 11,039.00 7 10" V.C.P. Gravity Sewer Main (12'-14' Cut) 363 L.F. 22.00 7,986.00 8 10" D.LP. Gravity Sewer Main (12'-14' Cut) 280 L.F. 23.50 6,580.00 9 12" V.C.P. Gravity Sewer Offsite Main (12'-14' 329 L.F. 23.00 7,567.00 Cut) See Note #4 10 15" V.C.P. Gravity Sewer Offsite Main (12'-14' 629 L.F. 25.00 15,725.00 Cut) See Note #4 11 Sanitary Manhole 0'_6' Deep 16 EA. 839;00 13,280.00 12 Sanitary Manhole 6'_8' Deep 9 EA. 1,000,00 9,000.00 13 Sanitary Manhole 8'-10' Deep 6 EA. 1,150.00 6,900.00 14 Sanitary Manhole 10'-12' Deep 4 EA. 1,220.00 4,880.00 15 Sanitary Manhole 12-14' Deep (Includes offsite 7 EA. 1,400.00 9,800.00 Manholes) 16 Jack & Bore Crossing of Boynton West Road L.S. 7,500.00 17 6" D.LP. Force Main 122 L.F. 8.00 976.00 18 8" x 6" WYE (At Main) 81 EA. 25.00 2,025.00 19 10" x 6" WYE (At Main) 14 EA. 30.00 420.00 20 6" V.C.P. Sanitary Services (Complete - Inc. 2,695 L.F. 8.00 21,560.00 Bend s , Wyes, Plugs, Locators, Ect. ) TOTAL $215,497.00 /2 PREPARED BY: Satter Architectural & Engineering Group, Inc. 2330 S. Congress Avenue West Palm Beach, Florida 33406 September 9, 1983 STOl;EHAVEN P.U.D. - PLAT III PAVING & DRAINAGE CONSTRUCTION COST ESTIMATE ITEM ~ ITEM 1 .Clearing & Grubbing 2 Grading (Inc.All Canal Excavation on L.W.D.D. Lat~Canal #25) 3 4 5 1" Type II A.C.S.C.-Parking Area Only Ii" Type II A.C.S.C. 6" Shell Rock Base (Primed) Parking Area Only 8" Shell Rock Base (Primed) 6 7 12" Stablilized Subgrade (75 P.S.I.F.B.V.) 12" Compacted Subgrade (Parking Area Only) 6" Stablllized Shoulder (50 P.S.I.- F.B.V.) 15" Bit. Coated Coraugated Steel Pipe 18" Bit. Coated Coraugated Steel Pipe 24" Bit.Coated CoraugatEid Steel Pipe 30" Bit.Coated Coraugated Steel Pipe 36" Bit. Coated Coraugated Steel Pipe 72" Bit. Coated Coraugated Steel Pipe 8 9 10 11 12 13 14 15 16 Inlet Type 'c' 17 Inlet Type 'E' 18 Storm Manhole 19 Riser & Weir Assembly 20 Sand Cement (Rip-Rap) Endwalls & Slope Protection 21 22 23 24 25 26 Concrete Flush Header Curb Concrete Valley Gutter(Miami Curb)Knuth Palm Beach Mountable Gutter 6" Raised Curb (Entrance Median) Street Sign Stop Sign QUANTITY L.S. L.S. 1,700 S.Y. 30,000 S.Y. 1,850 S.Y. 32,200 S.Y. 33,300 S.Y. 1,950 S.Y. 11,800 S.Y. 710 L.F. 1,288 L.F. 741 L.F. 1,517 L.F. 200 L. F. . 100 L.F. 28 EA. 5 EA. 1 EA. 2 EA. 54.5 C.Y. 1,813 L.F. Rd. 510 L.F. 1,800 L.F. 286 L.F. 12 EA. 13 EA. ~ ICK ROTH, PREPARED BY: Satter Architectural & Engineerlng 2330 S. Congress Avenue West Palm Beach, Florida 33406 September 9, 1983 UNIT PRICE $ 2.10 2.70 3.00 3.80 1.40 1.00 1.00 18.00 19.00 23.00 30.00 35.00 80.00 700.00 1,300.00 15.00 2,000.00 200.00 6.00 6.00 6.00 6.50 125.00 100.00 TOTAL AMOUNT $ 24,000.00 72,000.00 3,570.00 81,000.00 5,550.00 122,360.00 ,46,620.00 1,950.00 11,800.00 13,860.00 24,472.00 17,043.00 45,510.00 7,000.00 8,000.OC 19,600.0C 6,500.0C 1,500.0C 4,000.OC 10,900.0C 10,878.0( 3,060.0C 10,800.0( 1,859.01 1,500.01 1,300.01 $556,632.01