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CORRESPONDENCE L-\o.-......, '- ..1",,,1 'J.t~ ALl~ OF LOTS 149 ANl 50, SAUSALI IU r'LAL.t. ACCORDING TO THE PL,,, THEREOF AS RECORDED IN PLAT BOOK 76 ,PAGES 47 THROUGH 49 OF THe OFFILiMl. PUBLIC RECORDS OF PALM BFACH COUr--lTY, FL!)RI[lP..' ~J~;L~ /:;. '/ --<~/ ' ~ /--c'~'c.('_ CONSTRUCTION LA~ (FORM80ARD SAUSAUTO DRIVE 50' WIDE. RIGHT OF WAY N 89' ..18'05- E (P) . I~ ,.:;;,I,f ..167.1" (P) (101 '0 -/~ <1J;r N 89' ..18'05 ((P) , N 89....l8.0_..S..E .(P) .....-r-.--. S'" '.'/~>~- ~~ - iiioo"(P) ,-1'$.'- 42..00' (P)' ~ -. rl\(/~g ('>/~' 1 ~ ~ ____..:..:..:.=;:-!.. ..._(!l.E..E n, ~..E"(".!..... .~~- .n .~, I 'f1 g "10\ - 9\ l b ~ . N 89'..18'05' ( P ~ :;ii::'::'~~( 40.00' (P) ~~ ,~ T~ g r - .. - - -- -- -s- I I I I I I I I '1 6" ~ ,.,><; i ~ ,~..,' (P r ) r-' / SET "I( NAIL IN Bj:u'o;<; ",.s,,(P PCP Pl$ ".s 10 w"'-o.......; t Y1I\ ~j CDvLu<'V-r'\: -- c: iff cP7)~ f?-t:=~\,jlT2pS 1&5 fz-~~ s.e:i~c.K ~ .-- -~~- - h~ y"lOC F- ~l~....... i 11 """,,- ') . Ow..-u.< vJ' It .b e... LOT 1 51 l ~.e.. o...llC'weL +10 ~a..ve... tk h...n{ YlCO-t eLf +k /5 / MvvYK (f~"'" -tk 'r-€-c--;..... pyeper~ li 'te-) rAvLcA. p IA.C.L tk. ~ ~ '^-1 ""-j S. s fte..f with 'S= J-t" 'PlloO f (SC-rl'!~:). .I "\.. + h.($ I.4Jd +k ~ Y1<>C:>+ ~ fk~t- ,0.)- ~k.e. ..s K-<.J cf~ ore \oJ! II k ',11. a.:> "^"1 ~ ~ IL~. "0 7? ,/:>U-AR-o ~ ,f~ rL>A..f~ R ~ /' J~~ PlAIJN/uG J: Zc,.J(~G 'DI'" S-/ollJ (<5",),4'Z-6Zp-o /q-<Z5i--r>2- 8EiICH~,1.\R": r,EeERnWE: rH~~<r4f10/l I~ ,""'ll' .pppnXl....'El y ,~ ...".F, o,O'''H ')F 'HI. 'N'fH'EC',r>>' ,... ~y .ll"~ .,..,,, ."0 L.'WR(NC( RO'U ON tHE W(~r ,IO( nr lJoWHENCE .".n ,,'F ,JUTl(l~~ I~ ,. n.\I'" eE..4CH COt.'Nl"'f rll''5K ~(T IN CONf:~ErE .ANl) ~TAUP[(l "rIfC"V~ TH( SU.TlQN 1':-1 t OeME.O ~.6 n.E1 W($T or ht( "NE5T lOCE' or P.A\,fUFNT "('If. . L).WPpICf. R'n....ll. ..'" fEE.' SOUTH OF" TH( 81.:5 fNTP..v~CE T0 C\TI-W~ ~;~G\;r ~[.I fUPjUP'( Sc.~~('\n, 0<1 qF"t 'J"QT~ nF" '~H (''''lTP~I''''''' ,",C".\ ("A~lA' M,r. "., ,"""T r~'" ""'r . ~~F.~ 6'~~" ,;?';~'"'' WHvn ""'Ill" ",."r;",r;/l (l.(,,.">)1I ~ '<.7<)' Ul'<A:iC,t(, ~/;:,f:r.,- ritl' ~i:G\j.r,. IItm SHiiwtl'THir:' . i"- FlJ'CCJ F'J.,jf'. r:nn li'I~"R~JII\Ti(:t.1 ",....p NIJU~€q ~ o o ci {'.9 . ""I >: . u' '"~ ,.... b o z PANF.\. ')l~n ..~._ (1ATI. ", (lPU "''- r ,c,. 1 qA7 , ~OUUljNIN 'll}V~ER '10192 eASE 1='\ 000 F.t ('.....,lrlN S1..'F'rr.: . B F"IR\A :I"!~f ~ LOWc,r FlQO~ €.l (VAflON ~IC"'E.~T AOJALE"lr r.'tAOE '~'G_E.. C-n.;( - .. f' ~. t'O".'16/?Ft I pr~ .' ..t;~; l"/~~ t .~R . ;~ 'G1 '\(' I '-OOENOlIU ~r ;;(;0 .~ao."\ ue r ..t ..- .-- -. .- t. , L r r Q EiI()IJNO.APY' ~IIR'/[Y ;::alcr Ct. .".~ ,"P"Q''''"UI' -,J ,... r'" .'~ I i CHE"lif(tJ , QrQ RfP I 116Y I , ". , ., ,:'!''j , ~\ ,r 'I ... .. a.. ,n ?, ;I~ .n ,., '.n 10 'd ~ 'f1 0 ~ 0 w ~ \: ., 'I Y "- 2 Ie, :.c, '"' .. /0 l.'l.uf'dVd.. I'tt +-. 0 ...-tr- . 5Lr'. LOT 150":' :::: <1.11.(10' (P) I (s!'"" ~: I~ C i S 89'.18'05' W (P) :':~ Nlr"f I r'f.['tj" @ I -1 G IT'H- + .: .ii ;3." ~. ----- -y"\- ~ -x-- 11:--:; a."',,,, -\:,," .r _.\.;...._--.-_.~-- 0.. l.. "' .., N 89' ..l8'O~' ( (p) 4l.00' (P) , I " -;-----0 /;~' C ./1,' .., _L I I -I I 10' oHIOr: \.Jl1L,r( .~ f>5f...rNr- ... .... .............i~l..E'~MCfoli .. ~['f'!','Ct"i . J..\:. ~ I ".-1")4' 0 , .- .1' " .' 0 ." ci ., - ? > '" LOT 1 '- q , '. a.. . -, '~ 'j l..l ,- '. :ll ~ .n '" ! N ;; b 0 .. I. 'I' i; ....,. 1/' ., ." rE."lfE.QII"'( (1 (J!:J^I/'iA"':F. r.'1l LOT 149 42.00' (P) 82.00' (P) fr,; . ~, ,\Q.1('\ AL~ ! ~ 20CO j,---- . ~ ~ I i . 1 ";_."- .--' I . - ~!.--J ~f, Michael From: Sent: To: Subject: Rumpf, Michael Tuesday, February 26, 2002 2:22 PM Cherof, James Sausalito Place Subdivision Improvements (revised) Jim, I sent the first message off to you incomplete, Please disregard the first message. Jim, There are two items that we required which involved landscaping l)North Boundary - 33-34 Live Oak or comparable species,.., Done, Trees were placed on private property with approval from each property owner. 2)Lake Plantings - 25 trees will be planted""" Final stages of field inspection, It appears plantings are about headed in the right direction for full compliance with the requirement, completion date within 2 weeks, 99% complete and Anticipated Mike 1 Plannin2: Memorandum: Forester / Environmentalist Subject: Michael Rumpf, Planning and Zoning Director Kevin J. Hallahan, Forester I Environmentalist ~ ~ The City of Boynton Beach / Sausalito Place Subdivision Improvements Landscape Improvements - Items 1. and 2" page 2 Letter of January 9,2001 from Scott A, Stoloff To: From: Date: February 26, 2002 Landscape: 1, Requirement: North Boundary - 33-34 Live Oak or comparable native tree species consistent with project species will be planted spaced 40 feet or less. Status: The developer has completed this requirement. 2, Requirement: Lake Plantings- 25 trees will be planted (1 tree per duplex building bordering the lake tract), comprised of a variety of species taken from the list of species listed in Kevin Hallahan's November 5, 1999 memorandum, 250 plants (10 per duplex building bordering the lake tract) will be planted within the lake maintenance easement. Plant species will be selected from the list in Mr. Hallahan's November 5, 1999 memorandum, Status: This requirement is in the final stages of my field inspection. Kjh File " -- .. CITY OF BOYNTON BEACH MEMORANDUM TO Mike Rumpf. Director of PIanniDg lIIId Zoninl Bill DeBeck, Project Manager, Engineering Dcpartml Frantz LaFontant, Engineering Inspector Kevin Hallahan, Forester ~l ~\.:> ~ r~ ~ ~~~ -f cc: James A. Cherof, City Attorney . Kurt Brcssncr, City Manager Don Jolmson, Building Department Official Nancy R. Kramer, Assistant City Attorney ~ The City of Boynton Beach (the "City'')/Sausalito Place Subdivision Improvements FROM: RE: DATE: February 18, 2002 Attached please find a letter dated January 9,2001, setting forth the list of improvements to be performed by Home Dynamics, Inc., that were agreed upon by the City and Home Dynamics, Inc. The City cannot require that Home Dynamics Inc. complete any tasks beyond those included in the previously agreed upon list. Please provide written confinnation that all of the agreed upon tasks/items have been completed by Home Dynamics Inc. We are in receipt of a letter from Home Dynamics Inc. 's engineer stating that all improvements arc completed (attached for your review). Kindly advise immediately if there is any reason that the Office of the City Attorney should not rely on the representations made in the engineer's lettec, with specific details. Should you have any further questions or comments, please do not hesitate to contact me. NRK.:cir CalcueslSlllSaliroll'lllmO 10 SId' -11111oo...anems . . .- ". uwarrlCC5 ST. -.JO,....... OICKER~ KAIVOK IX CORE. P.A. 811ft: aoo SOO......--~SOUTN wesT .._ "EACH. n.olllOA ::J,30401 0AvtD aT ~.. __alCKC.. ....a.. ~~ Ci"-^ COlIC T___....~ ICO~'" ....af'r .....cy ~ ..oaa "~NC Is61t 600-898. ~~ ~e.. 65-.08.0 January 9. 2001 orc-.a ~ 5e1'-"'" ~.. Nicholas I. lpe, Esq. Assistant City AtloIDey City of BoyatoD Ihel:h 100 Easr Uoya&OD Bach Blvd. P.O. Box 310 BoylltOll Oeacb, fL 3342S Re: Saaaalito Place HomeownCl'S Assocaadon, Iae. lSabdiYisioallDprvyqdmts Dear Mr. Ipc: . Tbis lc:ttersWl ~ the pmiest apeemeatam=mingsubdivision improvements to be completed. fa-ell LIst anschc:d to tile NOftIDber &. 1999 D_..lu~t of Dft'eloomnt Buildin~ DMsion MftIIOftIId... No. 99-26 fatlHhed henlO as E~hiInt" A"l . . t. oC asph:LIl. 2. . 'SdOA B) .. Compliace sbaU be adDcvecl by. tK iastaUation uC a secoad lift of ~t pursuant to the oriRiDal City approved ~ma pIaDs. 3. Sa:bon C) .. Items t tbtougb 3 ale DOt aeqaired by the City. 1'hc ocipal plans as approved by tbe City did.. RqUi1C ccmcrdc fIuma. and !be AssoWtriOll ~ me exW"'g .ddiaagccla:ipwitboutl~lOtheCity. CoD=Din& i1ClD. 4. Mr. TOIIIkinsslaledthatdzcoauol SIIUClUI'c his beeIa ~... dw the: war is ill pI8ce. the City has rHaspccIecI tbis aDd Seaiua A) - All items will be cornp1cled IS part oflbe InstaUation ofthc seeoncllift , , a,.~~ r~un:~uren ~nerot uoody Ezral ID,S5<i771<iS2:J .'. Nicholas I. J~ Esq., Assistaftt City Attomey J&Dual)' 9,2001 Page 2 confirmed thaI the weir is in place. C~ming itesn S. the riprap headwall win be installed. 4. SCClion 0) - Slriping Bnd siga.age requin:.d by the original City approved plan:s will be completed. s. Scdion E) . The Engineer ofRetord b8s already provided a sigJlCd and seak..d Letter of Cenification. The AssoQanoD ~ not require that a ODe year guarantee be provided to the City forthepava1lCUf.consInJdiOD. As-bulltsoD draina&e,gntdiDg, paYing.Jakc slopes. d-=.. have a1zeady been provickd to the City. Upon completion or all iJJ1PlOlIemenrs listed in the Co~.ruction Agreement. 1 set of signed 8Dd sealed aMuilts and 1 set of unsealed mylar will be J)IOvided to the City. Within tlIiIty (30) days ofreceipl by the City orthe signed and scaled ~lts. the City wiU only review and determine that the itupJovcJnents listed in me CODSttlJC\ion Agreement have beea complcr.ed in accordaJK:e with applicable law. All othtt improvementS will be ciccmcd accepted. LlIlldsape 1. NOrth Boundary . 33 or 34 Li~ Oaks or eoDlparablc native: cree species consistcent witb project species win be planted spaced 40 feet or less. 2. Lake PlantiJlgs- 2S ueeswiU beplauted(l m:cl*l'duplcx building borderiagthc l~ traCl), Q)mpriscd of a variety of species taIcea (1OIIl \he list of species listed in Ke\fin Hallahan's November S, 1999 MemoJaDdum. 150 plIDU (10 pet duplex building botdering the lab: tract) will be planted witiD the lake mainrenanc:e eascmcm. PI8Dt species wiU be selected from rhe list in Mr. HallahaD"s Ncm:mbel- 5.1999 Memorandum. Qdter ltelns 1. A headwall and pipe will be installed :u the sw.ue adjacent to the L WOO tanal aftd LawtCDCe Road. 2.A yard draiD and c.:omJrJdion to draiDage s)")1em between Lots 100 and 111 wiD be insIaIW. As part of this process either a tcmporalY eascmcAt will be obtained tiom .he OWD&lS of these.IUb so tbal1bc: yard drain em be iasaalIcd. Permits Previous' building permits wiD be m~JOd Cor all remainiDg units with the existinS plans on me witb the City ofBo,mon Bcadl.. The City will allow Home [)yIwnic:s to make copies ofdae existiD& plans for tha purpose of iobsite sees of plana for inspections and rur working drawiDp to complete the wurk on &be uaits. Home Dynamics will provide lhe City's Building Oillision wish . . I-'Al>1:;; <i/Ei ;t 1 J.cvj ( { ~ 1(~.rc. \,;/.1-'> c.L . 0' ('cb ,f. ~ vi r(.'( k" t- -p t::v ~e:- -- .;..,f c-.r (J(,.... Ie ryf~-/- f'(, '1hL rlO A f<.Vj"t,.:rc.s p (&I. ...r;... ~s /?^- ~ fn.'re.'l'f'io A"l J..,...flql"...~tIl> ;'~~...M L .....~ &c.c,~ ~ ... (-, F-lIlt /'tD'" rlll'f" " .,.~, rKUrl:UUren ~nerOt UOOdY ~zroj I u' l::fb'l'('/l'll::f:.l;S PA(;E s/s ,: Nicholas J.lgwe. Esq.. Assistant City AUOrney January 9. 200J Page 3 ttUima1ed cOSlS for Q)mplelion of cadi ofthc lotS and $Ub4vision hnprovements and the Cicy wiD provide costs Cor re-iSSWUlCC of permits and inspectioDS. Based on the estimateS provided by Home Oynamic:s. the COSlS for permits aad inspections for the sub-divisioD improvcmaltS shall. be C3lcu1atcd pmsuant to law ~d shall nol exceed 52,500. The fiulds for the. pamit fees for (he sub-division improvements conwoed ~ the Cons1:ructiOIl Agreement will be held in csc:row pummDt to.. C()DStnlCtion Agreement aDd will be drawn down by .Home DynamicS and paid to the City as required. AU p~ous inspections wiU remain valid and rcinspections shall not be ~uircd. Any pennie fees for the iAdividuallots will be ))lid directly by Home Dynamies aad are not part of the funds held in e!aDW pumaant 10 Ih Consrruction Agreement. The City C8DDot Waive impact f~ capital c:oaaeetton fees or iII1Y other imp-lid fee or govemmenw fee. However. iCthe impact fees and od=r fees payable to other agencies have alreacly been paid in the initial permit, they will not need to be paid again. Ceriificate oro~...ty Home Dyaamics, the City, aDd rust Union will enter into aD ~~w agreement for one of . ~ lots as described iD the ~ Agreement bclweeD ~_~~~_~q~ IbC t:lty WiiriSSue certWcall:S DC oc:cupancy upcm. completion of fiftal iDspcctions of individuall10mes ill due course. !!i withoUl any conditions relative to the subdivision improvements. The CilfwiU allow use of Lot 9 as a ales office by Home Dynamics pcndiDg tompletiun of the subdivision impro\'emeu~ aDd will issue Il temporary certificate of cx:cupancy (orthal purpose. Ift~ City asr=s that tbis letter contaiDs the: defiDitive list of all sllbdivision improvementS that the CitY requires be eumpletcd. and accuralely nrileccs the City'~ a&i'CDtent concerning pennit :uad certificateS of occ:upency. please have the City indic:atc its agreement by having the City Commission adopt a l'I!S01ution. ordinance or other iDSb-uwe&1t agreeing to the tc:tmS ot this Jetter. 1Unk you for your cooperation. ~-- for the Firm SAS! cc: AssociDliun Mark Dikemao. Esq. Edward Schlde, Esq. T:\USt'JlS\SCOf1\IJemI307ca,....... : ~nerot. uoody ~ZrOl .:~.'~~r.n 1Ww~'." 1 U' S&<i"l'/I<il:l2", ... -" ~ PAGE ~8.WI 6/6 . , -,. .-4.,.",. ........ ..tI_~.. ..... ....... ""... .....-111. ......... ...." rr - J'_ ..... a.,atIIt. 1.... lOOa., ~...... . . II ~l~..... aa--..... D.~ ...~.......A....... .............. J . If...... ......... A............~ .....ia...do. .. ,- -41 ...., ........ ..,.,......." 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Michael From: Sent: To: Subject: HRUNBOB@aol.com Sunday, February 24, 2002 10:39 AM Rumpf, Michael Tuesday P@D Meeting Follow Up Flag: Flag Status: Follow up Flagged Mike - Would appreciate if your staff could address the following questions at the P@D Meeting on Tuesday: 1, There are two 4 story office buildings to the south of the proposed building. a, What is the height of these buildings? b, Where any variances for height approved for these buildings? c, Where any variances for height denied for these buildings? d. Where any variances for height denied in the last few years for an office building? If so, what were the conditions? 2, The analysis compares the new office building with newly approved buildings, How does the new office building fit in esthetically with the two older 4 story buildings? 3, Staff thoughts on the number and close proximity of pharmacies on Congress and close to Congress? For example, is this a healthy situation for the development of the Congress corridor? Regards, Bob Ensler 1 A Horn D y y e yna' ~ 1 _ c" , p m.cs · "<>"00 !Q'~~~~ i FROM~ tJtloATh 1/ H/~I :1/1) tt ' '"""""---V-~ -JE~~' WI- 1 c--l-U. I I I , · . ! /~ -=- ~ .I ~ ~ -" _-n-._+-~~' I' ~ <=' A'~""""~' ' I I I ' , . I-- I I ~ - r~"7 "0 -;--+--+ I I" I 1 1 " -..; ,! i~"""" 7' ' I ' ,...-t-.1.-'.' I I ' 1......,- _CJ ;--' --1-. I I ~!! '1 I ,I t .t+--1-.;!-i-T 1-' I ~ ~-:._-!-L...i.. ~i-r-j .-+-L I I ,I i i f.-I I-I I 4= ! ~ ",L :r-:+-I -r/-~.l i t-r-t-I 1 . I i +-I-+-+-tl _ I~ "'....1. . ,. , --I I I I : I ,1._ I ' I ! ~~~~. i ; -I' . -H-- ' .,._.-t---f- _ "f),A ~-i_...l.._,.-1 I I .. Li I . . ..1. iil ! 1': i' _ ~ 1;.:>. Li : I TIT-+-.lI-l. I'-.J. :...LLl 11 I i i~~f T I j - i /./11' T J. i i Ii. I ; I I I: I I.' rn I-_u+-L-+- -+-t-': --~ v I : 1 . i . I I ,--' ! II -- .....-- ,I I 1 .,.. -r-t---l-' I I HI -<.---1-,. I - _ j I' I I ! i 1 I~~' . 'I! 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I I .' -h +--1--1 I i -rbti1"',.' . iT" '-..~ .".I~.",.\" j . I i' I ' --j' t-+-' j I 1 ,..).W" 1 ' 'I .1... c" . .j'" 3~'dd 00000000000' a I ' '. \:" I", ' VI 1 ...--~ - t/l 'WO~d 80'91 10-80 -AON City of Boynton Beach Memorandum TO: Kurt Bressner, City Manager FROM: Nicholas I. Igwe, Assistant City Attor DATE: November 22, 2000 RE: Required subdivision Improvements at Sausalito Place We attach for your review a letter from Edward Schack, counsel for Home Dynamics Corporation, the prospective buyer of the 11 remaining lots in the Sausolito Place subdivision, In paragraph 1 of his letter, Mr. Schack is concerned that the City may withhold certificate of occupancy for the lots for failure to complete required subdivision improvements, In my view, section 3 of the Security Agreement which provides that no certificate of occupancy for any house will be withheld because of any failure to complete the required improvements, any defect or discrepancy of any kind in the manner in which the improvements have been completed takes care ofMr, Schack's concern in paragraph 1, Since that section of the Security Agreement clearly provides that certificates of occupancy will be issued for each house as it is completed in compliance with paragraph 3 of the Security Agreement and that it shall not be necessary to complete all houses before any certificates of occupancy are issued, Mr, Schack's concerns may be without cause, As to paragraph 2 of Mr. Schack's letter, I have an e-mail (attached) from the Engineering Department, which appears to indicate that the required improvement (weirs and riprap headwall installation acceptable by Lake Worth Drainage District) has been met. Before we give this assurance to Home Dynamics, our Office would require a formal memo from the Engineering Department with verification from L WDD indicating that an inspection was performed and that the required improvements are in place, Paragraph 3 seems to be of great contention to the City and Home Dynamics, While Mr. Schack claims that "as built" drawings have already been provided to the City and that additional work to be performed will not require further review of drawings, the Engineering Department has maintained that the drawings submitted are considered work in progress and that Home Dynamics will be required to submit final as built record drawings in accordance with prescribed requirements, It seems that Mr, Schack is concerned that the City's insistence on treating the submitted documents as work in progress and the requirement of submission and review of final as built to determine the acceptability prior to releasing the project in final form leaves open the possibility for the City to include additional improvements to be made. Based upon my understanding of previous meetings and correspondences exchanged between the parties, I believe that Mr. Stollors letter of September 25,2000, is dispositive of this issue. That letter alludes to a' punch list attached to November 8, 1999 Department of Development Building Division Memorandum No. 99-26. That punch list details the required improvements to be made including second lift, striping and plantings, I concur with Mr. Stollof that the parties agreed that upon completion of all improvements that 1 set of signed and sealed as built and 1 set of unsealed mylar will be provided to the City, The City will then review the final submission as required by the City approved plans, I believe that Mr, Schack would be satisfied if he is assured that the City will not insist on additional improvements not listed on the punch list upon review of the final submittals, He would want the review to be based solely on items contained on that punch list. Given that this is an engineering issue, this Office requests the Engineering Department's written input, response and directive on the analysis contained herein. In Paragraph 4, Mr, Schack contends that the value placed on the landscaping in the north boundary and lake plantings improvements by the City is immaterial. I tend to agree with him that this issue is a matter of negotiation between Home Dynamics and Sausalito Homeowners Association, as contemplated in the Escrow and Construction Agreements. Thus, the parties should be free to agree as to the amount adequate and necessary to complete the improvements, without recourse to the City, In Paragraph 5, Mr. Schack would want a provision in one of the agreements requiring the issuance of a temporary certificate of occupancy for the use of the security lot by Home Dynamics, Since the Workout Agreement already calls for Home Dynamics to make use of the security lot as a sales office to enable it lease-out the remainder of the lots, it seems to me that it would be in order to issue them a temporary certificate of occupancy to allow them to use that lot specifically as a sales office, Finally, Mr, Shack contends that the City should release the security lot upon completion of final improvements and that it is not necessary to hold the security lot for six months because that may prevent Home Dynamics from purchasing the lot as agreed with First Union Bank The Homeowners Association and First Union Bank are satisfied with all the coniditions contained in the agreements concerning the required subdivision improvements, The only remaining issues are the ones between the City and Home Dynamics as outlined herein, Prior to writing this memo, I called without success Mr, Schack in an attempt to narrow down the issues raised in his letter, Upon review, please advise what steps this Office should take or whether a staff meeting is necessary to resolve the remaining issues, NWmlr Cc: James A, Cherof, City Attorney Mike Rumpf, Director ofDevelopmen~ Don Johnson, Building Official Dave Kelly, Engineering Department Frantz Lafontant, Engineering Inspection Caldeptlcity manager/sausalito place memo lJJ. L.LlU""flU \;IvnMVn., ts~4~5~Oj Nov-20-00 15:56j Page 1/2 EDWARO ..J, SCHACK ATTOANE,Y 4T LAw 7054 p,,,,&:S BOULEVARD PEMBROKE PINES. fL 33024 (954) 694-5656 ~ (9541 894-5688 (FAX) E-MAIL EI:lSC...4CK@AOL COM November 20,2000 By Pax: (561) 742-6054 Nicholas l. Igwe Assistant City Attorney City of Boynton Beach 100 E, Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425.0310 Re: Sausalito Place Dear Mr. Igwe: As counsel for Home Dynamics Corporation, I have the following comments relative to your letter of November 6, 2000: In general, it has been the intent of Home Dynamics from the outset of the negotiations with all parties involved in the transaction that the issuance of certificates of occupancy for the houses to be completed will in no way be constrained by or dependent on the completion of the subject subdivision improvements. The City's sole ~ecurity for such completion will be the Security Deed described in the Security Agreement between First Union and the City. Accordingly, we shall need a clear statement from the City that CO's wHl not be withheld because of failure to complete the subdivision improvements, failure to complete the improvements in the manner specified hy the City or for any other reason relating to the subdivision improvements, It will be necessary for the City to expressly confirm that it has inspected and accepted the drainage facilities and the weir. Home Dynamics cannot proceed without that assurance. Your letter indicates that the City intends to review as built drawing upon the completion of the project. It is our understanding that as.buUts have already been provided and that the work to be perfonned, consisting solely of the second Iiff, striping and plantings, will not require further review of drawings. Upon the completion of the work as specified sealed drawings will be provided and the project released without funher review. We are ar a loss to understand the City's interest in the value placed on the -w-'J'-IJ\JJ I~UV"C.U"UU I"J.JI J ....age .:./.:. Nicholas I. Igwe, Esq. November 20. 2000 Page Two improvements. It seems to us that this is a matter of negotiation between the parties to the escrow and constTUction agreement. There must be some provision for issuance of a temporary certificate of occupancy for the use by Home Dynamics of the Security Lot as a sales office. Also, there seems to be no reason why the Security Lot cannOt be released upon completion of the improvements. The City's right to hold the security for six months, as suggested by your lener J creates a problem as it would prevent Home Dynamics from purchasing the subject lot as agreed with First Union. Om:e you have been able to review these comments we would appreciate the views of the City. Very truly yo J~ E.DWARD . SCHACK Igwe, Nicholas From: Sent: To: Subject: LaFontant, Frantz Wednesday, November 15, 20001:17 PM Igwe, Nicholas Sausalito Place Pursuant your recent request, please consider this e-mail as an acceptance of my routine inspection of the above mentioned project. 1- Drainage structure (weir) is in place 2- I spoke wlShaughn J, Webb (chief inspector for LWDD), He advised me that "the final inspection and a letter of acceptance of this project has been issued, (including the outfall to the Canal) Hope this is satisfactory, any questions regarding this matter, please contact me in the Engineering Department @ x6282 Frantz 1 The City of Bovnton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Office of the City Attorney (561) 742-6050 FAX: (561) 742-6054 .:.....f' .'J November 6, 2000 Mr, Scott A.Stoloff St. John, Dicker, Krivor & Core, P.A, Suite 600 500 Australian Avenue South West Palm Beach, Florida 33401 Re: Required Subdivision Improvements at Sausalito Place Dear Scott: This is in response to your correspondence of September 25, 2000, regarding our understanding concerning improvements to be completed at the above referenced subdivision, On October 23, 2000, the City Manager, Kurt Bressner, Mike Rumpf, Director of Planning and Zoning met to review your letter and accompanying agreements regarding the required improvements at the subdivision, The following is the City's response to your letter: Your Letter Agreement ("Development Plan" in the Agreements) refers to the Punch List attached to the November 8, 1999, Department of Development, Building Division Memorandum No, 99-26, delineating the required improvements, 1) We agree with paragraph one of your Letter Agreement indicating that all items in Section A of the Punch List will be completed as part of the installation of a second lift of asphalt. Weare also in agreement with paragraph two of your Letter Agreements, indicating that compliance with items in Section B of the Punch List shall be achieved by the installation of a second lift of asphalt pursuant to original City approved engineering plans. 2) As to items one through three of paragraph three of your Letter Agreement, the City would be satisfied if the HomeOwners Association accepts the existing drainage design "as is" without guarantee or recourse to the City, As to items four and five of paragraph three, I am advised that the gate to the site is loclced and as such staff from the Engineering Department is unable to verify or confirm ''An Equal Opportunity/Affirmative Action/ADA Employer" compliance with the preceding items. The City would confirm compliance with the preceding items as soon as staff can gain access to the site, Please forward to me a name and phone number of someone who could unlock the gate for staff, 3) As to paragraph four of your Letter Agreement, the City has no disagreement as long as striping and signage required by the original City approved plans are completed after the second lift, As to paragraph five, the City is treating the record drawing submittals from the engineer of record as work in progress. Upon completion of all required improvements, the City will review the final as built. Within thirty (30) days of receipt of the final as built, the City will review and determine the acceptability of the submittal prior to recommending release of the project in final form. 4) The City agrees with the landscape improvements outlined under the Landscape Section of your Letter Agreement. I am advised that the improvements have not be complied with, 5) Under the Permit Section of your Letter Agreement, the City requires Home Dynamics to provide the Building Division with estimated costs of completion of each of the eleven lots and the City would in turn provide costs for re-issuance of permits and inspections, The City would not be in position to waive impact fees, capital connection fees or other fees payable to other governmental agencies, However, if the impact fees and other fees payable to other agencies have already been paid in the initial permit, they need not be paid again, 6) In addition, this Office has preliminarily reviewed the other agreements accompanying your Letter Agreement and provides the following: A) Please revise page three of the Workout Agreement to provide that First Union Bank shall deliver into escrow a quit-claim deed for Lot 9 which for a period of 180 days, instead of 120 days, shall stand as security for the completion of the required improvements, B) The "Budget for Site Work" table attached to the Construction Agreement lacks insufficient item breakdown to verify or validate the costs presented, The Engineering Department requires the engineer's work sheets used to generate the summary in order to review the cost estimates presented. In addition, the City Forester, Kevin Hallahan has placed the value of landscaping on the North Boundary and the Lake Plantings at $10, 260.00 as opposed to $9,000,00 listed in the "Budget for Site Work". C) Please revise paragraphs one and two of Agreement for Security to reflect that the City has up to 180 days upon completion of the required improvements to release the Security Deed. <f D) Further, we await to gain access to the site before confirming that the weirs described in paragraph five of the Security Agreement is acceptable and satisfactory to the City, E) Furthermore, revise paragraph five of the Security Agreement to clearly show that HomeOwners Association accepts the drainage system "as is" without recourse to the City. Please be advised that the City is currently reviewing all the agreements you sent to us and reserves the right to request additional changes as may be necessary prior to approval by the City Commission. This matter is tentatively set to go before the City Commission for consideration on November 21, 2000. Please review and provide all the requested information directly to me so that we may expedite this matter. If you have any comments, please contact me. Thank you, V~O~~03j)~ Nicholas I. Igwe Assistant City Attorney MR/NTI cc: Kurt Bressner, City Manager James A. Cherof, City Attorney Mike Rumpf, Director of Development Don Johnson, Building Official Dave Kelly, Engineering Department Frantz Lafontant, Eng. Insp. Mark p, Dikeman, Esquire David Shack, Home Dynamics S:ca/depts/develop-Sausalito required improvements Plannin2 Division Memorandum- TRC To: (-Ie Mike Rumpf, Director of Planning and Zoning Subject: Kevin J, Hallahan, Forester / Environmentalist From: Date: November 1,2000 This memorandum is in reference to the estimated costs to complete the two landscape areas at the above project. I visited the site and found that the Homeowner association has not completed the landscape improvements, The value ofthe remaining work is: Landscapin2 1, North Boundary: Trees: 34 native Live Oak trees, 12'-14' height @ $10 per foot equals $4,760 ($140 x 34), 2, Lake Plantings: Trees: 25 native shade trees, 12'-14' height @ $10 per foot equals $3,500 ($140 x 25), Shrubs: 250 native shrubs, 3 gallon size @ $8,00 per shrub equals $2000 ($8 x 250) $10,260 total landscape estimate. If you need any additional information, contact me, Kjh File .... DEPARTMENT OF ENGINEERING MEMORANDUM NO. 00-169 TO: Michael Rumpf Planning & Zoning Director THRU: I J~hnA. Guidry ~;1:;erim Director of Engineering FROM: H, David Kelley, Jr" PE/PSM,l( CivillUtility Engineer {J ; ,: r",Jt ~ ~ n w ~ f"Jjri, ,I , , ' -, I Ii II : n1 i I dl il I. " "(':"J" I, I uU I tIlV - 2 Jli)! I L.,J I i PU'i'Ii'JG ~ I ZO~,;i~.!G DEPT DATE: October 31, 2000 SUBJECT: Project Status Report for Improvements SAUSALITO PLACE REFERENCE: Meeting of March 30, 2000 in Conference Room "C" Our Memorandum dated May 24, 2000 Meeting of May 31, 2000 in Conference Room "C" A meeting was held on May 31, 2000 in Conference Room "C" with the proposed developer (to complete the project), including City Manager Kurt Bressner, Development Director Quintus Greene and yourself. The purpose of the meeting was to discuss (and plan of action for) all outstanding issues to complete this project. The Engineering Department had generated a "punch list of site issues" in November 1999, which was field reviewed by our engineering inspector prior to both the March 30th and May 31 st meetings, This punch list is the same that was incorporated into Mr. Stoloffs letter of September 25, 2000 as items to be done, To date, no site improvement permit has been applied for, or any inspections scheduled on any of the items noted in the "punch list", Therefore, nothing has been addressed since that last meeting of May 31 st, In regards to the "punch list" addressed in Mr. Stoloff s letter of September 25th, we agree with his paragraphs 1. (Section A), 2, (Section B), and items #1 through #3 in 3. (Section C), Verification of items #4 & #5 in Section C have not been verified and cannot be agreed to at this point in time, Mr, Stoloffs paragraph 4, (Section D) is agreed with, His paragraph 5, (Section E) is not agreed to, The Engineer-of- Record has submitted his letter on preliminary data which has not been accepted; he will be required to submit final "as-built" record drawings in accordance with prescribed requirements, This department will not guarantee that "within ten (10) days of receipt by the City of the signed and sealed as-builts, the City will review, accept, and release the Project." This department will commit to promptly reviewing the submitted information for clarity, accuracy, and containment of the necessary data, but it cannot accept and release the project until it is satisfied with the "record" information, As stated before, no attempt has been make to complete this project in a prompt and efficient manner. However, we have stated that this department will cooperate with the developer's engineer in processing submitted documentation, Engineering Department Memorah .n No, 00-169 Re: Sausalito Place - Project Status Report November 2,2000 Page Two As stated in our May 24th memorandum, final "as-built" record drawings are required; to date "work in progress" drawings have been submitted which are not acceptable as final record drawings. In regards to the 'Budget for Site Work' table attached to Mr. Soloffs letter and documentation, insufficient item breakdown is lacking to justify (or validate) the cost that has been presented, The engineer's work sheets (which were used to generate this summary) would be helpful in our costing reVIew, In regards to the Utility Department, it is my understanding that the utility systems has been installed and inspected, However, it is the department practice to complete a final field review before final acceptance if this has not already taken place, If you have any questions regarding this matter, please contact the sender. xc: Nicholas Igwe, Assistant City Attorney Dave Kelley, CivillUtilities Engineer Frantz LaFontant, Engineering Inspector Don Johnson, Building Official File C:\My Documents\Sausalito Place - Project Status Report.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 00- 308 TO: Dave Kelley Utilities/Civil Engineer r.1rJC- Michael Rumpf Planning & Zoning Director FROM: DATE: October 26, 2000 SUBJECT: Sausalito Place Subdivision Improvements Attached please find two letters from Mr. Stoloff documenting the outstanding improvements required to complete the Sausalito Place project, and assumed responsibilities, Please assist Mr. Bressner, Mr. Igwe, and I with the review of this information by determining the status of the required improvements, and confirming the corresponding cost estimate as indicated in the attached table. Please note that I have also included the "Punch List" which contains items referenced in Mr. Stoloff's letters, To assist you, I have summarized below the items for you to confirm: 1) Status of final asphalt layer (lift); 2) Status of control structure and weir (item CA); 3) Status of rip rap headwall, etc, (item C.5); 4) Status of as-builts (although they indicate that the as-builts have been submitted to the city, it is our understanding that submittal could not occur until after instillation of the final lift of asphalt), 5) Status of headwall and pipe at the swale adjacent to the L WDD canal and La'vVfence Road; and 6) Confirm that the yard drain and connection would require a permanent easement rather than a temporary easement as indicated under "Other Items" item #2, Please prepare a response to this request by November 3rd, and coordinate the involvement of the Utilities Department where appropriate, Your completion of this work is needed to prepare a response to Mr, Stoloff and finalize a draft agreement for Commission review on November 2151, Please let me know if you have any questions on this matter. Thank you Cc: Nick Igwe, Assistant City Attorney Attachment MWR:nd J\SHRDATAIPlanning\SHAREDIWPIPROJECTSISaulsilito PlacelSausalilo Place Subdivision Improvement Memo,doc SUITE 600 <;e!-- V P' ~w( s,-+ ~-;-rr-~ ~ ('i\ ~ \:e- ~ . ~ ~N-O' ~ if LAW OF'F'ICES ST, JOHN, DICKER, KRIVOK 8c CORE, P,A. 500 AUSTRALIAN AVENUE SOUTH WEST PALM BEACH, F'LORIDA 33401 DAVID ST ..JOHN EDWARD DICKER ..JAMES N KRIVOK DAVID A. CORE THERESA M. LEMME SCOTT A. STOLOF"F'- NANCY E. ROSS TELEPHONE (561) 655-8994 TELECOPIER (561) 659-0850 September 25,2000 ~ O~~~ ~ 0 CcjN c.f q1;2~ \ ~ ,~ "::1~ --\- N\\)te /1, -- '141aD~ d ~ /0;::1/(;) 3 dJ ~ ,J;(. T OF COUNSEL GEORGE SCHWIND. P,A. James Cherof, Esq., City Attorney Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Blvd, P,O. Box 310 Boynton Beach, FL 33425 fD) I ~ @ ~ U 'I!J ~l ~~ ; l_rJ I oor I 2 ?nnn : :L j ------.-_J [',' '" 'J Re: Sausalito Place Homeowners Association, Inc. ISubdivision Improvements Dear Messrs, Cherof and Bressner: Enclosed are the following: 1, A letter agreement concerning the subdivision improvements to be completed; 2. A proposed Workout Agreement between the City, Home Dynamics, First Union and the Association; 3, A proposed Construction Agreement between the Association and Home Dynamics; 4, A proposed Agreement for Security; 5. A proposed Occupancy Agreement; and, 6, Releases, The letter agreement (referred to as the "Development Plan" in the agreements) should contain all of the subdivision improvements which the City requires be completed as discussed at the May 31, 2000 meeting, The City was to have confirmed that the weir identified in the Punch List attached to the November 8, 1999 Department of Development Building Division ... ~ James Cherof, Esq" City Attorney Kurt Bressner, City Manager September 25,2000 Page 2 Memorandum No. 99-26 is in place, The City was also to have verified with the Lake Worth Drainage District whether the riprap headwall has been installed, and whether any regrading is required, Please advise me as to the status of these two items, The City required security from Home Dynamics to ensure the improvements were completed, The proposed Agreement for Security is intended to satisfy this requirement. Please contact First Union's attorney, Mark Dikeman, with any questions or comments regarding the Agreement for Security, Please review the letter agreement. As the parties are now on the cusp of finalizing this matter, we would appreciate if the City could sign the letter and return it to me as soon as possible, At that time, the other agreements between the parties can be executed and performance can commence, Of course, if you have any questions, please do not hesitate to call me, SAS/ Enc!. cc: Association Mark Dikeman, Esq, Edward Schack, Esq, T:\USERS\SCOIT\1307\1307city.ct2. wpd I LAW OFFICES ~ ST, 00HN, DICKER, KRIVOK 8c CORE, P.A. SUITE 600 500 AUSTRALIAN AVENUE SOUTH WEST PALM BEACH, FLORIDA 33401 DAVID ST, JOHN EDWARD DICKER JAMES N KRIVOK DAVID A. CORE THERESA M LEMME SCOTT A. STOLO.... NANCY E. ROSS TELEPHONE (561) 655-8994 TELECOPIER (561) 659-0850 September 25,2000 OF' COUNSEL GEORGE SCHWIND. P,A. James Cherof, Esq" City Attorney Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Blvd, P,O, Box 310 Boynton Beach, FL 33425 Re: Sausalito Place Homeowners Association, Inc. ISubdivision Improvements Dear Messrs, Cherof and Bressner: This letter follows the May 31, 2000 meeting between the City, the Association, and Home Dynamics. Thank you for taking the time to meet and for making decisions that will move this matter toward conclusion, This letter shall confirm the parties' agreement concerning subdivision improvements to be completed. Punch List attached to the November 8. 1999 Deoartment of Develooment Building Division r: ~ Memorandum No. 99-26 C:'^:5':::..~ to' Section A) - All items will be completed as part of the installation of the second lift\1 1. of asphalt. '~s f 2. Section B) - Compliance shall be achieved by the installation of a second lift of asphalt pursuant to the original City approved engineering plans. '-'/$1 3, Section C) - Items 1 through 3 are not required by the City, The original plans as f-~(!>' approved by the City did not require concrete flumes, and the Association approves the existing drainage design without recourse to the City, Concerning item 4, Mr. Tomkins stated that the control (,{ /,J,J structure has been inspected and that the weir is in place, The City was to have re-inspect and Q f~ 0 ~ 'Ni' ~ 0(3 T' t/" 0 I, ~t ~~~ .'?t 1 .~J ~I~{\i v /b James Cherof, Esq" City Attorney Kurt Bressner, City Manager September 25,2000 Page 2 , of' I~d' v t-"I" .\ V \f '\ ,./..L v",~ r;. \1.. \ t'~\\. )f ',C' t ,l;~:' ~t' '4( ( \ " ~ a-I...S,'''i: t} ,\v""t" IC..... ,.r \J \3'. r "v > trl' :;: I L... v" \:,\("'\ 1.'\ r J-i" 'Ii"" ~ " d ~,' f-;) .. '1\ " confirm this. Concerning item 5, the City was to have verified with the Lake Worth Drainage District whether the riprap headwall is already installed, and whether any regrading is required, By signing below, the City confirms that the weir is in place and that the riprap headwall is installed and no regrading is required, If either or both items are required, please so note, v,S 4, Section D) - Striping and signage required by the original City approved plans will V be completed. )" i '\1;' \ 5. Section E) - The Engineer 0 f Record has already provided a signed and sealed Letter tv vt "'of Certification, The Association does not require that a one year guarantee be provided to the City ~/'\ ~.,t for the pa~ement const~ction, AS-builts?n draina,ge, grading, paving, lak~ slopes, etc., have alre~dy L ,.1 {i' been proVided to the CIty. Upon completIOn of allImprovements, I set ofYlgned and sealed as-bullts ~\ t t and 1 s:t of unsealed mylar wi,ll be prov~ded ~o the ,City, Within t~(D~ays ofrec,eipt by the City C'~ (,y/' I of the sIgned and sealed as-bUllts, the CIty WIll reVIew, accep~ase the Project. ,) , Y" " ,(L. ~ ...... i/,,' V / (,0{ y. " k rll"rx-.r'>L Landscape VJ~ fn 1f'C L North Boundary - 33 or 34 Live Oaks or comparable native tree species consistent \-1') (:1)... with project species will be planted spaced 40 feet or less, r ~i\' " ;. 2. Lake Plantings - 25 trees will be planted (1 tree per duplex building bordering thelake () :1 tract), comprised of a variety of species taken from the list of species listed in Kevin Hallahan's I.:pf'-L, November 5, 1999 Memorandum, 250 plants (10 per duplex building bordering the lake tract) will ,," fi be planted within the lake maintenance easement. Plant species will be selected from the list in Mr. r:f(.' Hallahan's November 5,1999 Memorandum, /" . I ,( 'I 5' ...l r .../ ~ ,r V / ~\ .,r{, L . ~ \ i., ...-t' ,,) l.-'\l' \".,>.J ~'" '....it. (,a..... /1\1,' ,{to .. / /~ 1. Ct headwall)and pipe will be installed at the swale adjacent to the L WDD canal and ?\..J i\X Lawrence Road>____~ \t'V: Other Items \.;;L ,k X. "..>"', "-(' .\~' ,~ . ~ ,.... _",(.1../ 2, A yard drain and connection to drainage system between Lots 100 and 111 will be installed, As part of this process either artefilporary--:easement will be obtained from the owners of these lots so that the yard drain can be.--idtalled. Permits Previous building permits will be reissued for all remaining units with the existing plans on file with the City of Boynton Beach, The City will allow Home Dynamics to make copies of the existing plans for the purpose of jobsite sets of plans for inspections and for working drawings to .\ ,c~ ,f/ c: lP ~ ~ 1') ~~l.;~', ~ ~.~(\ J v L ,~./,...;r f\/.. .i e " .... ~ ) '\DC( \; ~(~ \ ~\ '" ,*- 0/ ,,'-1, /-^ , / ';tJ: · James Cherof, E~~,,~)~ity Atto~~V: .fo 1 ;. of'" ,,\ Cr '" \~~:: Kurt Bressner, City Manager /~ Y' tV .\ X; '\r~,^ joi.~ \ r ~\ 'i ~J7 "'v 1\ "- ~:~~e~ber 25,2000 cl(\t ~~" r.y- 01{" ~f, ,}' ~>"c' complete the work on the units, No impact fees, capital connection fees or any other impact fee or governmental fee will be incurred with the exception of the City of Boynton Beach permit fee for the purpose of inspections only. The funds for the permit fees will be held in escrow and will be drawn down by the City as inspections are completed. All remaining funds will be refunded to Home Dynamics at the completion of each certificate of occupancy, All previous inspections will remain valid and reinspections shall not be required, Certificate of Occupancy Home Dynamics, the City, and First Union will enter into an escrow agreement for one of the lots as described in the separate Agreement between all the parties. The City will issue certificates of occupancy upon completion of final inspections of individual homes in due course, and without any conditions relative to the subdivision improvements. The City will allow use of Lot 9 as a sales office by Home Dynamics pending completion of the subdivision improvements, and will issue a temporary certificate of occupancy for that purpose, If the City agrees that this letter contains the definitive list of all subdivision improvements that the City requires be completed, and accurately reflects the City's agreement concerning permit and certificates of occupancy, please have the City indicate its agreement by signing this letter below. Thank you for your prompt attention to this matter, IDf SCOTT A. STOLOFF For the Firm SAS/ cc: Association Mark Dikeman, Esg, Edward Schack, Esq, T:\USERS\SCOrn 1307\ 1307CH--4. WPD The undersigned, on behalf of the City of Boynton Beach, agree that this letter contains the definitive list of all subdivision improvements that the City requires be completed, and accurately reflects the City's agreement concerning permit and certificates of occupancy. James Cherof, City Attorney Kurt Bressner, City Manager WORKOUT AGREEMENT The parties hereto, First Union National Bank ("First Union"), Sausalito Place Homeowners' Association Inc. (the "Association"), Home Dynamics Corporation (''Home Dynamics"), and the City of Boynton Beach, Florida (the "City") stipulate and agree as follows: Whereas, on November 17,1995, a P.U,D. for the development of the single family home community known as Sausalito Place in Boynton Beach, Florida was filed in the public records of Palm Beach County, Florida; and, Whereas, the developer, Four Waves at Sausalito Place Limited ("Four Waves"), constructed homes and developed Sausalito Place until approximately July of 1998, at which time Four Waves ceased construction and was otherwise in default under its construction loan to First Union; and, Whereas, Four Waves turned over the Association to the homeowners of Sausalito Place on September 15, 1998; and, Whereas, First Union foreclosed and on July 9, 1999 took title to the remaining lots subject to the lien of its construction mortgage: Lot Nos, 9, 11, 12, 127, 128, 133, 134, 135,136,139, and 140 (the "Lots"); and, Whereas, on July 29, 1999, First Union entered into an agreement to sell the Lots, which contain homes in various stages of completion, to-Home Dynamics; and, Whereas, after entering into the purchase agreement Home Dynamics was informed by the Building Department of the City, that the City would not issue certificates of occupancy for the homes constructed on the Lots until such time as certain improvements to the common areas of Sausalito Place (the "Common Areas") were completed; and, Whereas, the Association, Home Dynamics and the City have identified those improvements (the "Required Improvements") which upon completion will be sufficient and Page 1 of 4 ~'~~r' i}~;~'C: ~~~:..( ~~, \>~ ., H ','j' ')\"'~~! '..;, ~ \', ", L'!1 ,~~~ :"~';:;~ .,1 . .. 1 ~. ~ {\(,~ J - adequate for the City to re-issue necessary building permits and certificates of occupancy for the homes constructed on the Lots, which Required Improvements are set forth in the letter agreement (the "Development Plan") attached hereto as Exhibit "A"; a,od, ,......~..._.."e-~,/ Whereas, contemporaneously with the parties' execution of this agreement, the Association and Home Dynamics have entered into a construction agreement (the "Construction Agreement") to complete the Required Improvements to the Common Areas, a copy of which is attached a{Exhibit "B"; , ----' Now, therefore, the Parties hereto resolve and agree as follows: 1, FUNDING OF IMPROVEMENTS TO COMMON AREAS. In orderto fund the Required Improvements as speCified in the Development Plan and the Construction Agreement, First Union and the Homeowners' Association shall forthwith deposit ,-,..-'" ~QQQ and ~ $25, 0.QQJ20-l. r~~ectively, into an escrow account established as a sub- ..............-.. """""" '._ .......__M...'.---- account of the trusTaccount of law firm of St. John, Dicker, Krivok & Core, P.A. maintained at Palm Beach National Bank and Trust. The monies deposited in the Construction Account shall be used exclusively for funding the construction of the Required Improvements pursuant to the Construction Agreement, the budget thereto, and the Development Plan, The Construction Account shall be administered in accordance with the provisions of the Construction Agreement regarding draw requests" inspections, title requirements, governmental permits and approvals, hold backs and final payment. First Union's contribution to the Construction Account shall be limited exclusively to the initial contribution of $100,000,00, Any additional sums required to complete the Required Improvements over and above the amount specified in the Construction Agreement shall be as provided in the Construction Agreement. 2, PERFORMANCE COLLATERAL IN FAVOR OF THE CITY - The City has requested adequate security to ensure the completion of the Common Areas, First Union Page 2 of 4 .. y-('7 ~;r I~~ '-I",\cA.e- , - shall deliver into escrow a quit-claim deed for Lot 9 which for a period of 120 daysyhall stand as security for the completion of the Required Improvements pursuant to the terms of the Agreement for Security executed contemporaneously herewith between First Union, Home Dynamics, and the City appointed therein, a copy ofwhich is attached as Exhibit "C". During the construction period, Home Dynamics may use Lot 9 as a sales office for the other Lots pursuant to the terms of the Occupancy Agreement attached hereto as Exhibit "D", which use shall be allowed by the City, 3, OWNERSHIP OF FUNDS IN CONSTRUCTION ACCOUNT - Prior to completion of the construction of the Required Improvements and final payment to Home Dynamics, First Union and the Association shall retain an ownership interest in the balance of the Construction Account in accordance with the percentage of their initial contribution, The Association shall be entitled to the balance, if any, of the Construction Account after completion of the construction and final payment to Home Dynamics is made, 4. RELEASES - Contemporaneous with the execution of this Agreement, in consideration of First Union's performance hereunder including without limitation its contribution to the Construction Account and provision of collateral to the City, the Association and First Union shall execute the mutual release attached as Exhibit "E", releasing First Union and the Association from any and all claims between arising in connection in any way with Sausalito Place up until the time of entry into this Agreement. Contemporaneous with the execution of this Agreement, First Union and the City shall execute the mutual release attached as Exhibit "F", releasing each other from any and all claims arising in connection in any way with Sausalito Place up until the time of entry into this Agreement. 5, This Agreement, and the agreements attached as exhibits hereto, contain the entire agreement of the parties concerning the matters addressed herein and there are no Page 3 of 4 - other oral or written contracts, promises, or understandings with respect to the subject matter hereof. 6. First Union's entry into this agreement is without prejudice and shall not be deemed in any way or used by any party in any subsequent administrative, legal or other proceedings to assert that First Union has any liability, obligation or responsibility to any party, person or entity, to develop the Lots, the Common Areas, or any other aspect of Sausalito Place, 7, The parties do not intend that there are any third party beneficiaries to this agreement. 8, The persons executing this agreement have been duly authorized to execute and enter into this agreement and to bind the respective parties hereto. FIRST UNION NATIONAL BANK SAUSALlTO PLACE HOMEOWNERS' ASSOCIATION INC. Date: '_, ~~.,.,.<:~,;~\ By: Ronald Goldfedder, President -T' "\ . ~~\"'., .;- ,.\. ~ ,- Date: \J}\\'\ ' By: THE CITY OF BOYNTON BEACH, FLORIDA HOME DYNAMICS CORPORATION , .."c<,:.~-" By: .) .. By: Michael Schack, President Date: Date: Page 4 of 4 .. .' CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT ("Agreement") is made this day of , 2000 ("Effective Date"), between SAUSALITO PLACE HOMEOWNERS ASSOCIA TION, INC, ("Association") and HOME DYNAMICS CORPORATION, a Florida Corporation ("Home Dynamics"), 1. REPAIRS AND OTHER WORK. Home Dynamics agrees to perform the Work set forth on Exhibit "A" attached hereto ("Work") and shall use its best effort to complete the Work within ninety (90) days from the Effective Date of this Agreement. Work shall be performed between the hours of7:00 a.m. and 6:00 p,m" unless otherwise authorized by the Association. 2. PERFORMANCE OF THE WORK. The parties agree that in connection with the performance of the Work set forth on Exhibit "A": A. All Work to be performed under this Agreement shall be done by Home Dynamics or its authorized, insured and licensed contractors or subcontractors. B, All Work shall be performed in a good and workmanlike manner and in conformance with the original engineering plans submitted to and approved by the City of Boynton Beach, with all applicable codes, manufacturers' specifications and accepted industry standards. Home Dynamics shall be responsible for having existing permits re-issued, complying with all applicable laws and regulations during performance of the Work, and obtaining all required approvals for the Work, including but not limited to, approvals required by the City of Boynton Beach and the Lake Worth Drainage District. C, Work on completing the 11 Units, including landscaping and lot irrigation, shall be done in conformance with existing architectural standards within the Sausalito Place community in accordance with City of Boynton Beach approved landscaping and architectural plans, 3. PAYMENT, The Association shall provide the law firm ofSt. John, Dicker, Krivok & Core, P,A, (the "Firm") with $25,000, which sum shall be held in escrow in g sub-account of the Firm's trust account (the "Account"). First Union Bank will deposit $100,000 in the Account. Home Dynamics shall submit invoices and a certificate of completion from an engineer selected by Home Dynamics to the Firm for the Work, excluding work related to the Units. Invoices shall not include any sums for Home Dynamics' profit or overhead, Within three days of receipt of an invoice and certificate, the Firm shall disburse funds from the Account sufficient to pay the invoice for the Work certified as being completed, The funds representing Home Dynamics' profit as shown on Exhibit "A" shall be disbursed to Home Dynamics within three days after final approval of all work from the City of Boynton Beach. The Association shall not interfere with any requested draw of funds, The Firm waives all rights to the Account funds. The Firm shall hold funds in the Account pending resolution of any dispute, ~~i-"~'~~. ,:.: ;".,:....~ s~;...~'~ .:- ... . ~.." -1 ,.; "(,... ':. ~ ....i; ..... Page 1 Home Dynamics shall use its best efforts to complete all Work, excluding the Units, for $125,000, or less, Home Dynamics is not responsible for any of the expenses of the Work, excluding the Units, If the actual cost to complete any line item of Work exceeds the budgeted amount therefor, Home Dynamics shall provide the Association prior notice of the increased cost and the reason for the increase, The Association shall be responsible for payment of any excess cost. If there are any funds remaining at the completion of the Work, excluding the Units, the Association shall be entitled to those funds. All payment applications shall be accompanied by partial releases oflien for all labor and materials furnished as part of the Work for which payment is sought. A final payment, constituting the entire unpaid balance of the cost of the Work will be made by the Association to Home Dynamics within three days from Work being completed, and upon receipt of a Final Contractor's Affidavit, Final Releases of Lien, After inspection by the City, the cost to bring any Work into conformance with City requirements shall be solely at Home Dynamics' expense, without recourse to the funds held in any escrow account. 4, WARRANTY. Home Dynamics warrants that all work will be performed according to applicable building codes and other governmental requirements. Home Dynamics further warrants that the work will be free from any defect which materially impairs the functional utility of the work for a period of six months after the time the Work is inspected and passed by the City, The foregoing warranty is strictly limited to its express terms and shall not extend to the aesthetic quality of the Work, to defects which might tend to require maintenance or repair after the period of warranty, or to minor defects or discrepancies which do not materially impair the functional utility of the Work. Acceptance of the Work by the City shall create a presumption that the Work is in conformity with the foregoing warranty, Home Dynamics will assign to Association all warranties, express or implied, of any contractors or subcontractors retained by Home Dynamics in connection with the Work. The parties acknowledge that Home Dynamics will be engaging in construction of the Units after the final lift is placed on the roadway, and that such activities create a likelihood of wear and tear to the roadway greater than that which would be experienced in the roadway in proximity to an occupied residence. Home Dynamics will not be responsible for such additional wear and tear to the roadway, provided that the wear and tear is the result of prudent construction practices and that substantial damage to the roadway surface does not result. During construction of the Units, Home Dynamics shall only utilize the Lawrence Road entrance and shall only use the roadway between the entrance and the Units, Home Dynamics shall be responsible for any damage to any other portion of the roadway caused by Home Dynamics, its employees, contractors and subcontractors, Upon completion of construction activities, Home Dynamics will be responsible for general cleanup and repair to the roadway to the degree there is damage in excess of that which is described in the preceding sentence, 5. PROTECTION. Home Dynamics shall take all usual and reasonable measures to protect persons and property from injury or damage during the progress of the Work. Home Dynamics shall be responsible for any injuries to persons and/or damage to property caused by the Work, except for damage attributable to the Association's failure to take reasonable precautionary measures requested in writing by Home Dynamics. Home Dynamics shall return any property damaged during the Work to the condition it was in before the damage occurred, Home Dynamics shall carry workers' compensation, and general liability insurance in the minimum amount of $1 ,000,000, Page 2 Home Dynamics shall indemnify and hold harmless the Association, its officers and directors, against the cost of defending any and all claims for damages to the person or property of others, arising solely out of Home Dynamics' negligent or wrongful acts in the performance of this Agreement. 6. NO LIENS. Home Dynamics agrees to properly pay all laborers, subcontractors and suppliers for labor and materials furnished in the performance of the Work and to properly remove, by payment or bonding, any lien or claim of lien filed against the property within the Association as a result of Home Dynamics' performance of the Work. Failure to remove or discharge any lien within sixty (60) days after Home Dynamics has received notice of its filing and the Association's demand to remove or discharge shall be a default under this Agreement. 7. INSPECTION. Home Dynamics shall give written notice to the Association ("Completion Notice") upon completion of each item of Work at least 3 days before submitting the completed Work to the City for inspection, 8. DECLARATION OF COVENANTS, While Home Dynamics is the record title holder of any Lot within Sausalito Place, Home Dynamics shall be bound by the Declaration of Covenants, Restrictions and Easements for Sausalito Place Homeowners Association ("Declaration"), Bylaws, and Articles of Incorporation of Sausalito Place Homeowners Association, Inc, Among other requirements, Home Dynamics shall pay assessments pursuant to the Declaration, unless otherwise waived by the Association, Home Dynamics shall request an estoppel letter from the Association for any assessments owed before closing each Unit. Home Dynamics shall provide the Association notice of a sale of a Unit so the Association can meet with the purchaser(s) before closing, 9. OCCUPANCY. Pursuant to the Declaration, Home Dynamics shall not sell any Unit unless there will be at least one occupant of the Unit 55 years of age or older, unless the Association's Board of Directors approves an exception pursuant to the terms of the Declaration, Home Dynamics shall provide the Association proof of compliance with this age restriction before closing the sale of any Unit. 10. ACCESS, Until such time as the Work and construction on all Units is completed, and as long as construction is actually progressing, at least one gate to the Sausalito Place community will remain open between the hours of7:00 a,m, and 7:00 p.m, Home Dynamics may place or erect signs in connection with its sale of the Units, subject to the following: A, One sign announcing the sale of the Units may be placed at the Lawrence Street gate, The sign shall be prominent and visible from the street. The content and design of the sign shall be within the discretion of Home Dynamics, but it will not contain any offensive language or colors. The sign will present a dignified appearance consistent with signage generally employed by developers in Palm Beach County for the sale of new homes, The sign will conform to all applicable codes and ordinances, Page 3 B. A sign may be placed at each gate to the community containing information for potential purchasers of the Units on how to gain access and the location of the Home Dynamics sales office, Said signs will not be larger than is reasonably necessary to effect such purpose, Home Dynamics shall be entitled to admit potential purchasers access to the community through the existing teleentry system. C. On or near the front door to each Unit, until such time as the Unit is conveyed to a buyer, Home Dynamics may erect a sign, not to exceed the dimension of 2 feet by 2 feet, containing the word "Available" and, if deemed desirable by Home Dynamics, a telephone number and the name "Home Dynamics" and the corporate logo, D, Home Dynamics may use one Unit at anyone time as a sales office, A sign may be erected in a suitable place on the lot containing the sales office identifying it as such and setting forth the hours of operation, Home Dynamics may also place flags in the front lawn of the sales office, but such flags shall be removed each evening. E, Upon the closing of the conveyance of all Units, Home Dynamics will remove, at its sole expense, all signs it has placed on or about the Sausalito Place community. Home Dynamics can purchase a "clicker" for $50 which will permit its representative to enter the community. The Home Dynamics representative can then open the gate for any person interested in viewing Units owned by Home Dynamics, 11. GOVERNING DOCUMENTS AND "CLICKERS", Home Dynamics shall be responsible at its own cost for supplying purchasers ofits Units with the Association's Declaration, Bylaws and Articles of Incorporation, and with "clickers" for gate access, 12, MISCELLANEOUS. A. Modification, No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is sought. This Agreement is entirely between the parties hereto relating to transactions contemplated by this Agreement and all prior or contemporary disagreements, understandings, representations and settlements, oral or written, are merged herein, B. Disputes. This Agreement shall be strictly enforced in accordance with the terms herein and with the laws of the State of Florida. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their representative heirs, administrators, successors and assigns. The venue for any dispute shall be a court of competent jurisdiction in Palm Beach County, Florida. C, Exhibits, All Exhibits annexed hereto are incorporated and are made part of this Agreement. Page 4 D, Titles. All sections, titles or captions contained in this Agreement are for convenience only and shall not be deemed to be a part of this Agreement and shall not affect the meaning or interpretation on this Agreement. E, Enforcement. If it becomes necessary to hire an attorney to enforce any provision of this Agreement, the prevailing party shall be entitled to recover their costs and attorneys fees incurred prior to suit, as well as in litigation, appeal and any arbitration, bankruptcy or administrative proceeding, 13, NOTICES. All notices, demands or other communications given hereunder shall be given in writing and shall be deemed to have been duly given upon mailing by United States Registered or Certified Mail, Return Receipt Requested, postage prepaid to both representatives of each party, or by facsimile or actual delivery (including overnight delivery service) at the addresses as follows: If to the Association, to: If to Home Dynamics, to: Ron Goldfeder, President Sausalito Place Homeowners Association, Inc, 70 Sausalito Drive Boynton Beach, Florida 33436 and St. John, Dicker, Krivok & Core, P,A. Attention: Scott A. Stoloff, Esq. 500 Australian Avenue South, Suite 600 West Palm Beach, Florida 33401 Fax 561-659-0850 IN WITNESS WHEREOF and intending to be legally bound, the parties have signed this Agreement on the dates noted below. HOME DYNAMICS CORPORATION By: DATE: :"; ~ . Its: ., ....' SAUSALITO PLACE HOMEOWNERS ASSOCIATION,INC. ......, -,../ By: DATE: Ron Goldfeder, President TlUSERS\SCOIT\ I 307\ 130704 .2agr. wpd Page 5 BUDGET FOR SITE WORK TO BE PERFORMED BY HOME DYNAMICS CORPORATION SAUSALlTO PLACE PUD ,*' Item Price Paving $40,000,00 R&R Damaged Asphalt $11,000,00 Striping & Signage $5,000,00 Engineering & Survey Fees $13,920,00 Clean Catch Basins $7,500.00 Headwall & Yard Drain $16,855,00 Sod $1,500,00 Headwall $5,000,00 Landscaping (Along canal and lakefront) $9,000,00 Contingency $15,000.00 Contractor's Fee $15,000.00 Total $139,775.00 Engineering Fees Invoiced ($9,420,00) Adjusted Total $130,355.00 {:..~\..,~ AGREEMENT FOR SECURITY THIS AGREEMENT is made on August _, 2000, by and between the parties, The City of Boynton Beach, Florida (the "City"), First Union National Bank ("First Union") and Home Dynamics Corporation, a Florida corporation ("HDC"), and is based on and arises out of the following facts and circumstances: A. First Union is the owner of the following described real property (the "Security Lot") located in Palm Beach County: Lotjl, Sausalito Place P,U,D., according to the map or plat thereof as recorded in Plat Book 76, Page 47, Public Records of Palm Beach County, Florida, B, First Union has acquired title to the Security Lot by foreclosure of a mortgage given by the developer of Sausalito Place P.U,D" a residential community located within Boynton Beach. At the time of foreclosure, the developer had not completed all of the required subdivision improvements (the "Reauired Improvements") at Sausalito Place P.U,D, as are more particularly described in Exhibit A to the Workout Agreement as hereinafter defined. C. HDC has contracted to purchase the Security Lot and ten other lots within the Sausalito Place P,U,D. (also acquired by foreclosure from the aforesaid developer) from First Union, which other ten lots are referred to herein as the "Ten Lots". HDC has also entered into an agreement (the "Workout Agreement") and other agreements attached thereto as Exhibits A to E. with First Union, the City, and the Sausalito Place Homeowners Association, Inc" being the homeowners association forthe Sausalito Place P,U.D" forthe completion of the Required Improvements, Capitalized terms not otherwise defined herein shall have the meanings as defined in the Workout Aareement. D, Before any certificates of occupancy are issued by the City for the Lots, the City requires assurances that the Reauired Improvements will be completed, E. The parties desire to make provisions for the completion of the Improvements and the issuance of the certificates of occupancy, ~~;-~:-., :oz.."'V" :- ~ Therefore, the parties agree as follows: : ~ ;-.) 1 As security for the completion of the Required Improvements in accordance with the Development Plan, First Union will execute in favor of the City a Quitclaim Deed to the Security Lot in the form set forth in Exhibit B (the "Security Deed"), The executed Security Deed will be physically delivered to the City to be held by the City in escrow. without recording, subject to the terms of this Agreement. Upon completion of the Improvements within One Hundred Twenty (120) days from the date hereof, the Security Deed will be released by the City and returned to First Union. 2 In the event that the Reauired Improvements are not completed within 120 days from the date hereof, then the Security Deed may be released from escrow and shall only then be deemed delivered to the City and subiect to recording, In that event, the City shall use reasonable efforts to sell the Security Lot for the purpose of generating funds to be applied to (j) the reasonable costs and fees incurred by the City directly related to the transfer of title of the Security Lot to the City. (ii) real estate taxes and maintenance costs attributable to the Security Lot durina the City's ownership thereof. and (iij) the completion of the Required Improvements. In the event the net proceeds from the City's sale of the Security Lot shall exceed the foregoing costs. fees. and exoenses. any such excess shall be paid by the City to First Union, It is the intent of the parties that the Security Deed and the Security Lot shall stand as security for the completion of the Reauired Improvements in the same manner as other forms of security accepted by the City for similar purposes, 3 Upon completion of the single family houses under construction on each of the Ten Lots (the "Houses") from time to time and compliance with applicable building requirements of the City regarding the construction of single family houses, certificates of occupancy for each of the completed Houses will be issued by the City. The sole criteria for the issuance of certificates of occupancy for each House will be the satisfactory completion of the required City inspections, which will be conducted in the manner generally prevailing for the construction of single family homes in Boynton Beach, and without regard to any other matter. No certificate of occupancy for any House will be withheld because of any failure to complete the Reauired Improvements, any defect or discrepancy of any kind in the manner in which the Improvements have been completed, or any determination that the obligations of the developer of Sausalito Place have not been fulfilled in any respect. Certificates of occupancy will be issued for each House as it is completed in compliance with this Paragraph, and it shall not be necessary to complete all Houses before any certificates of occupancy are issued. 4 Upon completion of the Reauired Improvements and release of the Security Deed, the provisions of Paragraph 3 regarding the issuance of a certificate of occupancy shall apply to the Security Lot. 5 The City acknowledges that (i) the Reauired Improvements constitute all of the improvements which the City requires to be completed in order to release the Security Deed from escrow and return the same to First Union, and (ij) First Union's obligations under this Agreement shall be satisfied upon delivery of the Security Deed to the City in accordance herewith, Without limiting the foregoing statement in any way, the City further acknowledges that it has inspected the drainage facility and weir described in Exhibit B to the Workout Agreement and that same have been determined to be acceptable to the City without the need for additional or remedial work or modification, 6 In the event the Security Deed shall be wronaly recorded (Le,. other than in accordance with Section 2. hereof. and the Reauired Improvements shall have been completed in accordance with Section 1 hereof. the City shall. at its sole cost and expense includina payment of applicable taxes and fees. immediately reconvey the Security Lot to First Union and indemnify First Union from and against all damages. including reasonable attorney fees and costs. incurred bv First Union as a result of such improper recording and the subseauent reconveyance. Executed by the parties on the stated date: City of Boynton Beach Home Dynamics Corporation By: /..... ... ~"""'...' By: :)~.' .' .::i ,..\::.~ ~ . !',. ':;, ,ij" First Union National Bank dlO.-; ~~. :".f ^, By: f,) ...., . ~ MUTUAL RELEASE FIRST UNION NATIONAL BANK AND CITY OF BOYNTON BEACH. FLORIDA KNOWN ALL MEN BY THESE PRESENTS: THAT First Union National Bank first party, and City of Boynton Beach, Florida, second party, for and in consideration of the sum of ten (10,00) Dollars, or other valuable considerations exchanged between them, the receipt of which is hereby acknowledged, HEREBY mutually remise, release, acquit, satisfy, and forever discharge each other, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said parties had or may have had, whether known or unknown, arising in connection or related in any with the Sausalito Place P.U.D, located in Boynton Beach, Florida up until the date of execution of this release. FIRST UNION NATIONAL BANK CITY OF BOYNTON BEACH, FLORIDA By: '. -'-3'[ By:, Date: Date: T:\USERS\SCOm 1307\release. f&c Page 1 of 1 .. , .. MUTUAL RELEASE - FIRST UNION NATIONAL BANK AND SAUSALlTO PLACE HOMEOWNERS' ASSOCIATION. INC. KNOWN ALL MEN BY THESE PRESENTS: THAT First Union National Bank first party, and Sausalito Place Homeowners' Association, second party, for and in consideration of the sum of ten (10,00) Dollars, or other valuable considerations exchanged between them, the receipt of which is hereby acknowledged, HEREBY mutually remise, release, acquit, satisfy, and forever discharge each other, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said parties had or may have had, whether known or unknown, arising in connection or related in any way with the Sausalito Place P,U,D. located in Boynton Beach, Florida up until the date of execution of this release, FIRST UNION NATIONAL BANK SAUSALlTO PLACE HOMEOWNERS' ASSOCIATION INC. By: h, :"', ;'3 -,J _ By: Ronald Goldfeder, President . ~ Date: Date: T:\USERS\SCOm 1307\release. f&s Page 1 of 1 OCCUPANCY AGREEMENT THIS OCCUPANCY AGREEMENT (" Lease") dated September , 2000, is made and entered into by and between First Union National Bank, a national banking association, its successors and assigns (" Landlord" ), and Home Dynamics Corporation, a Florida corporation (" Tenant") , WITNESSETH: As partial consideration for the performance by Landlord and Tenant of their respective obligations under the terms of that certain Workout Agreement (the "Workout Agreement") by and among the Landlord, Tenant, Sausalito Place Homeowners Association, Inc, and the City of Boynton Beach, Florida (the "City"), Landlord hereby agrees to permit Tenant to occupy the Premises described in Section 1 below subj ect to the terms, covenants, agreements and conditions hereinafter set forth: 1. DEFINITIONS, Unless the context otherwise specifies or requires, the following terms shall have the meanings herein specified: 1.1 "Lease Commencement Date" shall mean the date hereof; "Lease Termination Date" shall mean the earlier of (i) the date upon which title to the Premises shall be conveyed to the City pursuant to the quit-claim deed referred to in Section 2 of the Workout Agreement, (ii) the date upon which the Premises shall have been conveyed by the Landlord to Tenant pursuant to that certain purchase and sale agreement (the "Sales Contract") dated July 29, 1999 by and between Landlord and Tenant, (iii) such date as Landlord's obligation to convey the Premises to Tenant pursuant to the Sales Contract may be terminated, in accordance with the terms thereof, or (iv) the date this Lease may be terminated by Landlord following the occurrence of an Event of Default (as defined in Section 7,1), 1,2 "Premises" shall mean collectively, that certain real property described as Lot 9, Sausalito Place P.U.D" as recorded in Plat Book 76, at Page 47, of the Public Records of Palm Beach County, Florida, together with any residential or commercial structure or other improvements constructed or to be constructed on such real property, and all appurtenances relating thereto. 1.3 "Term" shall mean that time period between the Lease Commencement Date and the Lease Termination Date. 2. TERM, The term of this Lease shall commence on the Lease Commencement Date and subject to the provisions hereinafter contained; shall terminate on the Lease Termination Date, 3, USE. Tenant shall use the Premises as Tenant's sales office for homes held for sale by Tenant in the community known as Sausalito Place in Boynton Beach, Florida and all legal uses directly related thereto (collectively, the" Permitted Purpose"), and for no other purpose without the prior written consent of Landlord. Prior to Tenant's use of the Premises for the Permitted Purpose, Tenant shall have obtained and shall maintain, throughout the Term hereof, all permits, licenses, certificates of occupancy and other governmental approvals, consents and licenses which may be required to carry out the Permitted Purpose, 4. RENT, No rent shall be payable by Tenant hereunder during the Term of this Lease; provided, however, that Tenant shall be liable for and pay for all costs and expenses attributable to the Premises during the Term of this Lease, including, but not limited to, (i) all homeowners association fees and assessments (regular or special) payable from time to time to Sausalito Place Homeowners Association Inc., (ii) all fees and charges payable in connection with water, sewer, electrical, telephone and waste removal utility services and (iii) any code enforcement or other liens or charges that may be imposed upon the Premises during the Term, ;"T ~ ,.,~' 5. UTILITIES, Landlord makes no representations as to the availability to the Premises of water, sewer, electrical, waste removal or other utility services and in no event shall Landlord be liable, because of any inability to hook up or connect to such utility services or for any interruption or cessation of such utility services. 6, INSURANCE; INDEMNITY. . 6.1 Tenant will, at its sole cost and expense, procure and maintain (i) special (formerly known as "all risk") insurance with respect to the Premises in an amount not less than the full replacement value of the Premises and (ii) commercial liability and property damage insurance against claims for bodily injury, death or property damage occurring in the Premises, in an amount not less than One Million Dollars ($1,000,000.00) combined single limit, with commercially reasonable deductibles, 6.2 Tenant I s insurance shall be with an Alfred M. Best's II A-" rated company licensed to transact business in the State of Florida. Landlord shall be named as additional insured under Tenant's insurance, and such insurance shall be primary and non-contributing with any insurance carried by Landlord. Tenant's insurance policies shall contain endorsements requiring thirty (30) days notice to Landlord prior to any cancellation or any reduction in amount of coverage. Within thirty (30) days after demand therefor by Landlord, the Tenant shall furnish Landlord with evidence that such demand has been complied with. 6.3 Tenant as a material part of the consideration to be rendered to Landlord, hereby agrees that it will indemnify Landlord and save it harmless from and against any and all claims actions, damages, liability and expense in connection with loss of life, personal injury and or damage to property arising from or out of any occurrence in, upon or at the Premises, or the occupancy or use by Tenant of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, lessees or concessionaires. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation. In addition, Tenant, as a material part of the consideration to be rendered to Landlord, hereby waives all claims against Landlord for personal injury or death, property damage or other loss to Tenant, its agents, employees, officers, contractors, licensees, invitees or third persons in or about the Premises from any cause, except Landlord's gross negligence or willful misconduct, arising at any time. 7. WAIVER OF SUBROGATION, Tenant and Landlord'release each other and waive any right of recovery against each other for loss or damage to their respective property, which occurs on or about the Premises (whether due to the negligence of either party, their agents, employees, officers, contractors, licensees, invitees or otherwise), to the extent that such loss or damage is reimbursed by insurance proceeds. 8, REPAIRS, Tenant, at its sole cost and expense, shall keep the Premises at all times. in a neat, clean and sanitary condition in accordance with the regulations and laws of all applicable governmental agencies, and Tenant shall neither commit nor permit any waste or nuisance thereon. Tenant shall, at its sole cost and expense, repair and replace all damage or injury to the Premises and to fixtures and equipment caused by Tenant or its employees, agents, invitees, licensees, subtenants, contractors, or subcontractors, or assignees, If Tenant fails to make, maintain or keep the Premises in good repair and such failure continues for five (5) days after written notice from Landlord, Landlord may perform, but is not obligated to perform any such required maintenance and repairs, and the cost thereof shall be payable by Tenant within ten (10) days of receipt of an invoice from Landlord. -2- 9, TENANT'S PROPERTY, Furnishings, trade fixtures and equipment installed by Tenant shall be and remain the property of Tenant. On expiration of the Term, if there is then no Event of Default, Tenant may remove any such property and shall repair the Premises to the same condition as when the Term commenced, ordinary wear and tear excepted, If Tenant fails to close on its acquisition of the Premises in accordance with the terms of the Sales Contract and fails to remove such property as required under this Lease, Landlord may do so and keep and use or dispose of the same in its sole discretion without any liability to Landlord on account thereof. 10, ALTERATIONS BY TENANT. Tenant shall not make any material structural or aesthetic improvement, alteration, addition, or installation in the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. 11, ASSIGNMENT; SUBLETTING, Tenant shall not, directly or indirectly, assign or sublet under this Lease or any part thereof, nor permit all or any part of the Premises to be used or occupied by another, without first obtaining the written consent of Landlord, Any mortgage, pledge or assignment of this Lease shall constitute an assignment for the purposes of this Section. Any assignment or subletting made without such Landlord's consent, shall be voidable by Landlord. 12. LIENS. Notwithstanding any provision of this Lease to the contrary, Tenant shall not, under any circumstances, have the power to subject the interest of Landlord in the Premises to any construction or materialmen's liens or liens of any kind nor shall any provision in this Lease ever be construed as empowering the Tenant to encumber or cause the Tenant to encumber the title or interest of Landlord in the Premises, In order to comply with the provisions of Section 713,10 Florida Statutes, it is specifically provided that neither the Tenant nor anyone claiming by, through or under the Tenant, including but not limited to contractors, subcontractors, materialmen, mechanics and laborers, shall have any right to file or place any kind of lien whatsoever upon the Premises, and any such liens are specifically prohibited, All parties with whom the Tenant may deal are put on notice that the Tenant has no power to subject the Landlord's interest to any claim or lien of any kind or character, and all such persons so dealing with the Tenant must look solely to the credit of the Tenant, and not to the Landlord's interest or assets. Tenant shall put all such parties with whom the Tenant may deal on notice of the terms of this Section. If at any time a lien or encumbrance is filed against the Premises or the Building as a result of Tenant's work, materials or obligations, Tenant shall promptly discharge said lien or encumbrance, and if said lien or encumbrance has not been removed within thirty (30) days from the date it is filed, Tenant agrees to deposit with Landlord cash in an amount equal to one hundred fifty percent (150%) of the amount of the lien, to be held by Landlord .(without interest to Tenant, except as may be required by law) until the lien is discharged. 13, CASUALTY. If the Premises are destroyed or damaged in any material respect by fire, hurricane or other casualty, either Landlord or Tenant may, terminate this Lease by written notice to the other party hereto, effective as of the date of such notice. 14, CONDEMNATION, If all or any part of the Premises shall be taken under power of eminent domain or like power, or sold under imminent threat thereof to any public authority or private entity having such power, this Lease shall terminate, effective as of the date possession is required to be delivered to such authority or entity. All condemnation awards and similar payments shall be paid and belong to Landlord, except any amounts awarded or paid specifically for Tenant's trade fixtures and relocation costs (provided such awards do not reduce Landlord's award). Wi thout limiting the generality of the foregoing, all leasehold interest awards shall belong to and be paid to Landlord, and Tenant shall execute any assignment or other documentation requested by Landlord to effectuate such award or payment. -3- 15, ACCESS, Tenant shall permit Landlord to enter the Premises at all reasonable times for the purpose of inspecting, altering and repairing the Premises and of ascertaining compliance by Tenant with the provisions of this Lease, Landlord may show the Premises to prospective purchasers at any time. Landlord's rights of access granted pursuant to this Section are subject to (i) reasonable advance notice provided to Tenant (not less than twenty four (24) hours) and (ii) Tenant's right to have a representative of Tenant accompany Landlord or its agents in connection with such access, except that the two foregoing conditions shall not apply in the event of an emergency where Tenant or its representatives are not available. 16, SIGNS. Upon expiration or termination of this Lease, all signs installed by Tenant shall, at Tenant's expense, be removed, and any damage resulting therefrom shall be promptly repaired. 17. TENANT'S DEFAULT, 17.1 All rights and remedies of Landlord herein enumerated shall be cumulative, and none shall exclude any other rights or remedies allowed by law or in equity. The occurrence of any of the following shall constitute an "Event of Default" of this Lease by Tenant: (i) Tenant shall default in the payment of any sums to be paid by Tenant 'hereunder at the time and in the amount as herein provided, which default is not cured within three (3) days after receipt of notice of such default from Landlord; (ii) Tenant shall violate or fail to perform any of the other conditions, covenants or agreements herein made by Tenant, and such violation or failure shall continue for a period of ten (10) days after written notice thereof to Tenant by Landlord or, if such violation or failure shall reasonably require longer than ten (10) days to cure, if Tenant shall fail to commence to cure same within ten (10) days after receipt of notice thereof and continuously prosecute the curing of the same to completion within ninety (90) days after the first occurrence of such violation or default; (iii) Tenant shall make a general assignment for the benefit of its creditors or shall file a petition for bankruptcy or other reorganization, liquidation, dissolution or similar relief; (iv) a proceeding is filed against Tenant seeking any relief mentioned in (iii) above and said proceeding is not discharged within ninety (90) days of the filing thereof; (v) a trustee, receiver or liquidator shall be appointed for Tenant on a substantial part of its property; or (vi) Tenant shall mortgage, assign or otherwise encumber its leasehold interest. 17.2 Following the occurrence of an Event of Default, the Landlord may, in its sole discretion, re-enter and take possession of the Premises with or without terminating this Lease, and remove any property contained therein. In the event of such re-entry, Landlord shall have the right, but not the obligation, to divide or subdivide the Premises'in any manner Landlord may determine, and to lease or let the same or portions thereof for such periods of time and at such rentals and for such use and upon such covenants and conditions as Landlord may elect in its sole discretion, applying the net rentals from such letting in any manner determined by Landlord. 17.3 Any and all property which may be removed from the Premises by Landlord, pursuant to the authority of this Lease or of law, to which Tenant is or may be entitled, may be handled, removed or stored by Landlord at the sole risk, cost and expense of Tenant, and Landlord shall in no event be responsible for the value, preservation or safekeeping thereof. Tenant shall pay to Landlord, upon demand, any and all expenses incurred in such removal and all storage charges against such property, Any such property of Tenant not removed from the Premises or retaken from storage by Tenant within sixty (60) days after the end of the Term shall be conclusively deemed to have been forever abandoned by Tenant and may either be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit in its sole discretion. -4- 17.4 Tenant agrees, that if it shall at any time, fail to make any payment or perform any other act on its part to be made or performed under this Lease, Landlord may, but shall not be obligated to, and after reasonable notice or demand and without waiving, or releasing Tenant from any obligation under this Lease, make such payment or perform such other act to the extent Landlord, in its sole discretion, may deem desirable, and in connection therewith, to pay expenses and employ counsel. All sums so paid by Landlord and all reasonable expenses in connection therewith shall be payable within ten (10) days after delivery to Tenant of the invoice therefor. 17.5 Any payments required to be made by Tenant under the provisions of this Lease not made by Tenant when and as due, shall from the date when the particular amount became due to the date of payment thereof to Landlord bear interest at the rate of fifteen percent (15%) per annum or the maximum lawful rate of interest allowed by law (whichever is lower). 17,6 Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy, in law or in equity. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant's being evicted or dispossessed for any cause, or in the event of Landlord's obtaining possession of the Premises, by reason of the violation by Tenant of any of ,the terms, covenants, agreements or conditions of this Lease or otherwise. Notwithstanding the aforementioned, Tenant shall pay all and singular the costs, charges, expenses, and attorneys' fees, reasonably incurred or paid at any time by the Landlord, including initial collection efforts and continuing through all litigation, appeals and any post-judgment execution efforts until fully satisfied, because of the failure of the Tenant to perform, comply with and abide by each and every of the terms, covenants, agreements and conditions of this Lease. 18. QUIET ENJOYMENT. If and so long as Tenant pays all charges payable hereunder and keeps and performs each and every term, covenant, agreement and condition herein contained on the part of Tenant to be kept and performed, Tenant shall quietly enjoy the Premises without hindrance by Landlord, subject to the terms, covenants, agreements and conditions of this Lease and of the Workout Agreement, 19. HOLDOVER TENANCY. If Tenant shall hold over after the expiration of the Term, at Landlord's option, Tenant may be deemed to be occupying the Premises as a tenant from month to month, which tenancy may be terminated by seven (7) days notice. During such tenancy, Tenant agrees to pay to Landlord, monthly in advance, Rent in an amount equal to $2000.00, and to be bound by all of the terms, covenants, agreements and conditions herein specified, 20, AMENDMENT; WAIVER, This Lease constitutes the entire agreement between the parties regarding the occupancy of the premises. This Lease shall not be amended or modified except in writing signed by both parties, Failure of Landlord to exercise any of its rights in one or more instances shall not be construed as a waiver of Landlord's right to strict performance of such rights or as to any subsequent breach of any such rights. 21, NOTICES, All notices pursuant to this Lease shall be in writing and shall be effective when mailed by Certified Mail (return receipt requested) or delivered (i) to Tenant at Home Dynamics Corporation, , , Florida , Attn: (ii) to Landlord at the Premises with a copy to Mark P. Dikeman, Esquire, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Suite 2200, Museum Tower, 150 West Flagler Street, Miami, Florida 33130; or (iii) to such other 'addresses as may hereafter be designated by either party by written notice. 22. SEVERABILITY. The parties intend this Lease to be legally valid and enforceable in accordance with all of its terms to the fullest extent permitted -5- by law, If any term hereof shall be invalid or unenforceable, the parties agree that such term shall be stricken from this Lease, the same as if it never had been contained herein, Such invalidity or unenforceability shall not extend to any other term of this Lease, and the remaining terms hereof shall continue in effect to the fullest extent permitted by law, the same as if such stricken term never had been contained herein, 23, SUBORDINATION, The rights of Tenant hereunder are and shall be subject and subordinate to the rights, title and interests of City from time to time under or pursuant to the Workout Agreement or the quit-claim deed referred to therein. This Section shall be self-operative and no further instrument of subordination shall be required by the City, but Tenant agrees upon request of Landlord, from time to time, to execute whatever documentation may be required to further effect the provisions of this Section, 24. TIME. Time is of the essence of this Lease and applies to all terms and conditions contained herein. All "days" set forth in this Lease shall be deemed to be "calendar days" unless specifically stated to the contrary. 25, SUCCESSORS AND ASSIGNS, All terms, provisions, covenants and conditions to be observed and performed by each party hereunder shall be applicable to and binding upon each such party's respective heirs, administrators, executors, and permitted successors and assigns. All expressed covenants of this Lease shall be deemed to be covenants running with the land, 26. RELATIONSHIP OF PARTIES. Anything in this Lease to the contrary notwithstanding, it is agreed that Landlord shall in no event be deemed to be a partner or engaged in a joint venture with, or an associate of Tenant in the conduct of its business nor shall Landlord be liable for any debts incurred by Tenant in the conduct of its business. Nothing contained in this Lease shall be deemed or construed to confer upon Landlord any interest in the business of the Tenant, The relationship of the parties during the Term shall at all times be that of landlord and tenant, 27. WAIVER OF TRIAL BY JURY, It is mutually agreed by and between Landlord and Tenant that the respective parties hereto shall and hereby DO WAIVE TRIAL BY JURY in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters arising out of or in any way connected with this Lease. 28, APPLICABLE LAW, This Lease shall be construed according to the laws of the State of Florida, within which the Premises are located. 29, BROKER INDEMNIFICATION, Landlord and Tenant .each respectively represents and warrants to the other that no broker or agent negotiated or was instrumental in negotiating or consummating this Lease, and each party hereto agrees to indemnify the other against any loss, expense (including reasonable attorneys' fees), cost or liability incurred by the other as a result of a claim by any broker or finder claiming by or through such party. 30, SURRENDER OF PREMISES. Except in the event Tenant shall acquire the Premises in accordance with the Sales Contract, Tenant agrees to surrender to Landlord, . at the end of the Term, the Premises in as good condition as the Premises were at the Lease Commencement Date (or any later date upon which construction of the proposed residence thereon shall have been completed), ordinary wear and tear excepted. 31. ATTORNEYS' FEES, In the event of any litigation, mediation or other proceedings to enforce the terms of this Lease, the party not prevailing in such dispute shall pay any and all reasonable attorneys' fees and costs incurred by the other party in enforcing or establishing its rights hereunder. -6- 32, RECORDING/MEMORANDUM OF LEASE, At Landlord's request at any time during the Term, Tenant agrees to immediately join in a Memorandum of Lease in form and content satisfactory to Landlord, which Memorandum, at Landlord's sole discretion, may be recorded in the Public Records of Palm Beach County, Florida, In no event shall this Lease or any memorandum of this Lease be recorded without Landlord's prior written consent, which consent shall be in the Landlord's sole discretion, 33. RADON GAS, Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time, Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Addi tional information regarding radon and radon testing may be obtained from your county public health unit, IN WITNESS WHEREOF, the respective parties have signed, sealed and delivered this Lease on the date and year written below. WITNESSES: LANDLORD: FIRST UNION NATIONAL BANK, a national banking association By: Vice President , DU:t~c; ,.." ',Z.';~ .' , 2000 WITNESSES: - . TEN~T: HOME DYNAMICS CORPORATION, a Florida corporation By: its: Dated: , 2000 -7- I __. ~UNCH LIST FOR SAUSALITO PLACE I DA^-..- rA\ :l~ ~.~\ A) REPAIRS TO BE MADE ll<1N"s-~ . I) Repair, alter and grade l'xI80' pavement adjacent to driveway connection at lots 95 -100. 2) Repair, alter and grade I 'x420' pavement adjacent to driveway connection at lots 101 -110. . 3) Repair, alter and grade I 'x40' pavement adjacent to driveway connection at lots 2- 3. 4) Repair, alter and grade I 'x 160' pavement adjacent to driveway connection at lots 153-156. 5) Repair, alter and grade l'xI95' pavement adjacent to driveway connection at lots 16-22. 6) Repair, alter and grade I 'xl IS' pavement adjacent to driveway connection at lots 37-39. 7) Repair, alter and grade I 'x 160' pavement adjacent to driveway connection at lots 49-54. 8) Repair, alter and grade 2'x68' pavement adjacent to driveway connection at lots 63-65. 9) Repair, alter and grade I 'x76' at radius curve adjacent to CB#4, 10) Repair, alter and grade l'x30' at radius curve adjacent to CB#13. II) Repair, alter and grade 40'xI0' of pavement at centerline street adjacent to lots 122 and 123. 12) Repair, alter and grade 35'xI0' at centerline to lots 109 and 110. 13) Repair, alter and grade 45'xI0' at centerline to lots 12 and 13. 14) Repair, alter and grade 50'aO' at centerline to lots 43 and 44. IS) Repair, alter and grade cul-de-sac adjacent to lots 72-79. 16) Repair, alter and grade 3'x3' pavement adjacent to all sanitary manholes. B) PAVING <!f.:P I) Based on field inspection it seems that a second lift of asphalt is needed. 2) Verify depth of asphalt per plan to justify the need of a 2nd lift of asphalt. ~\1~ ~~ /" C) DRAINAGE ~ +0 r-e-SNN')~ i I) Add concrete flume from CB#I-CB#8. J V'-.,~. ~~~"";>. 2) Add concrete flume from CB#12-CB#14. <4 \ f;JJO!i1,OOu ' 3) Add concrete flume from CB#17-CB#18. 4) Inspect control structure and verified that weir is in place. - .Je,.r.lt . 5) Construct riprap headwall and regrade approximately J... 00' each side of structure. (SeeattachedLWDD letter.) ~ W ~\~ D) STRIPING AND SIGNAGE I) Add striping and signage as per approved plans in accordance with City of Boynton Beach standard. \.,U" L.v 00- 2) Replace guard gate arm at entrance on Gateway Blvd. ~w~ .. . E) DOCUMENTS REQUIRED BEFORE ISSUING A CERTIFICATE OF OCCUPANCY (C.O'S) A) Letter of Certification signed and sealed by the Engineer of Record. B) All pavement construction shall have a one year guarantee. C) As-Builts on drainage, grading, paving, lake slopes etc., v D) 1 set of signed and sealed as-builts and 1 set of unsealed mylar. .City Inspector shall be present in all phases of construction. .Call 24 hours in advance to request an inspection. ~~~aJ ~p.r r' - ~\ DEVELOPMENT DEPARTMENT MEMORANDUM NO, PZ 00-154 TO: Michael Haag, Building Code Administrator Don Johnson, Building Official Kevin Hallahan, Urban Forester /'? (.., lC.... Michael W. Rumpf Planning and Zoning Director FROM: DATE: May 26, 2000 SUBJECT: Sausalito Place The following is a summary of recommended minimum landscaping improvements for the above-referenced project, as discussed at our meeting on May 25, 2000, that staff would find as acceptable and supercede the respective items on the Development Department Memorandum No, 99-294, As the code does not specify minimum landscape species and quantities for common areas within PUD's, this information is intended to provide a guide for the completion of the project and is generally based on other PUD's approved in the city and took into consideration existing site landscaping, SUBJECT: North Boundary Provide Live Oaks or comparable native tree species consistent with project species along northern boundary spaced 40 feet or less; SUBJECT: Lake Plantings · Provide a minimum of 1 tree per duplex building (limited to those bordering the lake tract) comprised ofa variety of species taken from the list of species listed in the November 5,1999 memorandum from Kevin Hallahan, · Provide a minimum of 10 of each plant species per duplex building (limited to those bordering the lake tract), as listed in the November 5, 1999 memorandum from Mr, Hallahan, SUBJECT: Tree replacement No additional plant species are required if North Boundary is enhanced as recommended above; existing would be acceptable, As previously explained to the parties involved in this project, the existing and ultimate landscaping to be added simply needs to be shown on a revised site plan and submitted to this office as a request for minor modification, MWR/nl J\SHRDA T AIPlanning\SHARED\WP\SPECPROJ\Sausalito Place,doc Cc: Nicholas Igwe, Assistant City Attorney