SURETY BOND
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Building . Planning & Zoning . NeighborhoodServices - OccupationalUcenses . CommunityRecM....'optMnt
DEPARTMENT OF DEVELOPMENT
September 19, 2000
Mrs. Cecelia Virgil
10 Lawrence Lake Drive
Boynton Beach, FL 33436
Dear Mrs. Virgil:
This is in response to your correspondence to the City Manager, dated August 22, 2000.
Please be advised that, unfortunately, the City cannot release its publicly generated funds to
a private entity. The interest accrued from any surety held by the city is used to offset the
costs associated with the administration of the funds.
Please do not hesitate to contact me if you have further questions regarding this matter.
XC: Kurt Bressner, City Manager
Michael Rumpf, Planning & Zoning Director
Kevin Hallahan, City Forester
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33425-ll310
Phone: (561) 742~350 . www.ci.boynton-beach.fl.us
_._.---~-~--'-
Lawrenrn Lake Estates
An Exclusive Waterfront Community
PO Box 3695. Boynton Beach. FL 33424
Inl ~ fe,
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OEPARTlH','T OF [<Eve, C"
---._-~._..._-----_.;
8-22-00
Jurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Mr. Bressner:
I am writing on behalf of the Community of Lawrence Lake Estates in Boynton Beach. The City
has held a surety bond designated for the completion of our Community Landscaping per City
Code requirements. The City was unable to enforce installation of this project by the developer
and the bond was forfeited. The Lawrence Lake Estates Homeowner Association was later
granted access to the funds to complete the project. (See attached letter from N. Byrne, Acting
Dir. of Development). Your cooperation to date with this issue is greatly appreciated.
The Community has completed the project at a cost of$31,667.00. The bond collected was
insufficient to cover the entire cost of the project. I am appealing to you for access to any interest
which has accumulated on the bond funds since this process began over 4 years ago. This would
go a long way in helping our small community of34 homeowners to pay for this landscaping
which rightfully should have been provided with the purchase of our homes. We appreciate any
help you can provide in this matter. If you need to reach me by phone, my daytime number is
561-495-6440. Thank you for your time.
cc: Quintus Greene, Director of Development
DEPARTMENT OF DEVELOPMENT
Building
Planning & Zoning
Engineering
Occupational Ucenses
Community Redevelopment
August 31, 1999
Mrs. Cecelia Virgil
10 Lawrence Lake Drive
Boynton Beach, FL 33436
Dear Mrs. Virgil:
Please accept my apologies for the delay in preparing this letter.
Following our meeting of June 22, 1999, the City will provide the surety of $24,622, retained
for plantings in the littoral area, to the Lawrence Lakes Homeowners Association (LLHA).
These funds can be used at the discretion of the LLHA for landscape design services;
landscaping services; plant materials and irrigation coverage for the littoral area.
The first action the LLHA needs to take is to prepare a design for application for a Landscape
Permit. To facilitate this, a draw against the surety may be taken to cover the cost of a design
professional or the materials required to prepare the drawing. That amount should be
approved and submitted by LLHA to the City. A check would then be prepared to the LLHA's
contractor.
Once the permit has been secured, all additional invoices or draws must be approved and
submitted by LLHA. The City will not release funds to any contractor or agent of LLHA
without prior approval of LLHA.
Kevin Hallahan, City Forester, will be your primary contact throughout the process, but please
feel free to contact me directly, or Mike Haag, Building Permit Administrator, if you have any
questions or concems.
Thank you again for your patience.
Very truly yours,
'- ((1r)~' -.&AIY~
Nancy By e 0
Acting Dir tor of Development
.J
XC: Kevin Hallahan, City Forester
Michael Rumpf, Planning & Zoning Director
Mike Haag, Building Permit Administrator
Wilfred Hawkins, Interim City Manager
America's Gateway to the Gulfstream
100 East Bo}1lton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 Fax: (561) 742-6357
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 00-211
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DEPARTMENT Of DEVELOPMENT
DATE:
Diane Reese, Finance Director \ ...0'
1St:'. fJY' 0
Michael E. Haag, Building Code Administrator .
July 13, 2000
TO:
FROM:
SUBJECT:
TRANSFER OF FUNDS - LAWRENCE LAKES
PERMIT #00-0688
The City is doing cooperative work with Lawrence Lakes Homeowners Association regarding
their landscaping permit. Therefore, please transfer $506.67 for the permit fee for this
landscaping from the Neighborhood Grant Program account (001-2417-559.49-65) into the
Building Permit Fees account (001-0000-322.01-00).
Thank you.
MEH:bg
XC:. Nancy Byrne
Dan DeCarlo
Debbie Reamsnyder
Permit file 00-0688
\\CH\MAIN\SHRDA T A\Development\Building-6870\Documents\Memos in Word\Transfer of Funds.Lawrence Lakes.doc
CITY OF BOYNTON BEACH
MEMORANDUM
RE:
Quintus Greene, Director of Department of Development
Nicholas Igwe, Assistant City Attorney ~'::; L //
/
._---~
Authority to waive permitting and licensing fees for City projects
TO:
FROM:
DATE:
June 12, 2000
It has come to the attention of the Legal Department that several questions have been
raised concerning the waiver of permit fees, following my memo of January 27, 2000,
to Wilfred Hawkins, finding no authority to waive permit fees in a private development,
Lawrence Lake Estates. Please be advised that the opinion expressed in that memo
addresses whether there is authority to waive fees as it relates to private
establishments and should not be construed to require the City pay itself permit fees.
I understand that the City has customarily waived permitting and licensing fees for City
projects. My memo of January 27, 2000, was not intended to abrogate that practice
and should not be construed to do so.
Please contact me if you desire further clarifications on this matter.
CC: James Cherof, City Attorney
Don Johnson, Building Official
Mike Haag, Building Div.
Bill Atkins, Deputy Director of Finance
Larry Roberts, Engineering Dept.
S:ca/depts/dev- waiver of permit fees for City projects
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Planninl!: Division Memorandum
.IlPR ! 9 ?nn'1
To:
Diane Reese, Finance Director
Kevin J. Hallahan, Forester / Environmentalist K)- f
Account #001-0000-220.99-00
Certified check to City of Boynton Beach, 8-2-96
NationsBank check #3410236 ($24,622 principal)
From:
Subject:
From:
GRB Development and Construction, Inc.
33 Lawrence Lake Drive
Boynton Beach, FI 33436
For:
Lawrence Lake Estates
Reimbursement for landscape design fees
Payment of invoice #1 ($3,166.70)
Date:
April 19, 2000
The Lawrence Lake Estates Homeowner Association Board of Directors has submitted the first
invoice to the City for the landscape design fee in the amount of $3, 166.70. The landscape
design for the Lawrence Lake Estates common areas / lake on the property was required in order
for the City Building Department to process the new landscape / irrigation permit. Nicholas
Igwe, Assistant City Attorney, has reviewed the request and found it to be appropriate.
Upon your review of the attached letter of request and invoice, please direct payment of this
item. There will be additional invoices submitted in the future to your office against this account
to pay for the remainder of the landscape and irrigation improvements. The account will have a
zero balance when the homeowner association completes the project.
If you have any questions, please contact me. Thank you for your assistance in this regard.
Xc:
Nicholas Igwe, Assistant City Attorney
N=,...y By"''', AdmInIstrative Assistant, Director Depart!nent of Development
Mike Rumpf, Director Planning and Zoning
Don Johnson, Deputy Building Official
Mike Haag, Building Code Administrator
File
41 Icr ~L.L:(Cf-vs '_
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APR 19 '00 06:53 FROM:THE eTR FOR HE~ONe
5514956422
T-893 p.03/a3 F-22S
l.a\vrenm lake Estates
An Exclu,i\'e WBttrfront Cammunity
PG 1113695. Boynton Beam. fL 33424
Request for Draft from Surety Bond
The Lawrence: Lake Estates Homeowner Aisoc. Board of directors requests release of$ ..31 ??, 70
fron, bond money for payment of the attached invoice. All services have been reviewed and
verified as successfully completed by members of the Board. Payment should be made to
Lawrence Lake Eltates Homeowner Association and remined to above address.
(Minimum 2 signatur
'lifo ---\1\ "-- ~ "/"100
Da e Marvin Rosengarten, Tr Date
Date
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- Archie Gray. Board M
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Date
WlIlllam Kowalchuk, Vice Pres.
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~ ~ I~ t!./9. NJ
evin fIaJ ,.cIty Forester Dale
.
Invoice
Bermuda Landscape & Design, Inc.
.5096 Haverhill Road Extension
Lake Worth, FL 33463
Voice:
Fax:
561-432-0300
561-432-1123
Invoice Number:
8031
Invoice Date:
Mar 10, 2000
Page:
1
Sold To:
Lawrence Lake Estates
Attn.: Rick Virgil
10 Lawrence Lake Drive
Boynton Beach, FL
Ship to:
Lawrence Lake Estates
Design Fee
Customer 10 Customer PO Payment Terms !
2369ASOOl Lawrence Lake Estate Net Due
Sales Rep 10 Shipping Method Ship Date Due Date
-
8742AOS PO# 3/10/00 ,
Quantity Item Description Unit Price Ex1ension
r 3,166.70 I
0.10 Design fee (10% of contract) 31,667.00
,
I I
I
I
Check No:
Subtotal
Sales Tax
Total Invoice Amount
Payment Received
TOTAL
3,166.70
3,166.70
0.00
3,166.70
We will add finance charges on invoices more than 30 days overdue.
Planninl! Division Memorandum
L
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To:
Nicholas Igwe, Asst. City Attorney
From:
Kevin 1. Hallahan, Forester / Environmentalist
\<~~
Subject:
Lawrence Lake Estates
Reimbursement for landscape design fees
Date:
April 11, 2000
The Lawrence Lake Estates Homeowner Association Board of Directors has submitted the first
invoice to the City for the landscape design fee in the amount of$3,166.70. The landscape
design for the Lawrence Lake Estates common areas / lake on the property was required in order
for the City Building Department to process the new landscape / irrigation permit. Upon your
review of the attached letter of request and invoice, please direct how you would want to proceed
with payment of this item. There will be other invoices submitted in the near future to the City
to pay for the remainder of the landscape and irrigation improvements to complete the project.
The account will have a zero balance when the homeowner association completes the project.
Thank you for your assistance in this regard.
The funds to pay the invoice amount are on file as a cash surety in the amount of $24,622.00
with the Finance Department. The developer cash surety information is:
Certified Check to City of Boynton Beach 8-2-96, Check #3410236, drawn on
NationsBank.
From:
GRB Development and Construction, Inc.
33 Lawrence Lake Drive
Boynton Beach, FI 33436
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MEMORANDUM OF LAW
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RE:
Wilfred Hawkins, Interim Oty Manage~
Nicholas Igwe, Assistant Oty Attome~
Request to waive landscape permitting fees by Lawrence Lake Estates
Home Owners Association
TO:
FROM:
DATE:
January 27, 2000
pursuant to your request, we have researched the above referenced matter and found
no authority to waive the permitting fees requested in this case. We have opined on
several occasions before that there is no authority for fee waiver. The City can, when
deemed appropriate, pay fees in conjunction with application of the incentive program.
Please let us know if you desire additional information on this matter.
CC: James Cherof, City Attorney
Quintus Greene, Director of Development
S:ca/DeptS/QtyMgr. Autl10rity to waIVe permitting fees
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DEPARTMENT OF DEVELOPMENT
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Building
Planning & Zoning
Engineering
Occupational Ucenses
Community Redevelopment
August 31, 1999
Mrs, Cecelia Virgil
10 Lawrence Lake Drive
Boynton Beach, FL 33436
Dear Mrs, Virgil:
Please accept my apologies for the delay in preparing this letter.
Following our meeting of June 22, 1999, the City will provide the surety of $24,622, retained
for plantings in the littoral area, to the Lawrence Lakes Homeowners Association (LLHA),
These funds can be used at the discretion of the LLHA for landscape design services;
landscaping services; plant materials and irrigation coverage for the littoral area.
The first action the LLHA needs to take is to prepare a design for application for a Landscape
Permit To facilitate this, a draw against the surety may be taken to cover the cost of a design
professional or the materials required to prepare the drawing. That amount should. be
approved and submitted by LLHA to the City. A check would then be prepared to the LLHA's
contractor.
Once the permit has been secured, all additional invoices or draws must be approved and
submitted by LLHA. The City will not release funds to any contractor or agent of LLHA
without prior approval of LLHA.
Kevin Hallahan, City Forester, will be your primary contact throughout the process, but please
feel free to contact me directly, or Mike Haag, Building Permit Administrator, if you have any
questions or concerns.
Thank you again for your patience.
Very truly yours,
/
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Nancy Byl!f\1e ,)
Acting Director of Development
XC: Kevin Hallahan, City Forester
Michael Rumpf, Planning & Zoning Director
Mike Haag, Building Permit Administrator
Wilfred Hawkins, Interim City Manager
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd-, P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 Fax: (561) 742-6357
Jun 29 99 08:24a
CIt~ At~orne~Js O~~ice
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561 -742 _ 6054 C,ccl,(flC. {:' lczL<,,5
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MEMORANDUM OF MEETING
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DATE: 9
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SUBJEcT:
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ATTENDEES:
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CITY OF BOYNTON BEACH
2
MEMORANDUM
FROM:
Nicholas Igwe, Assistant City Attorne
TO:
Wilfred Hawkins, Interim City Manage
RE:
Utilization of Lawrence Lakes Estate surety unds for improvement
on individual irrigation systems
DATE:
July 21, 1999
I have reviewed this matter and consistent with earlier opinions from this Office,
I offer the following:
I refer you to the attached letter (agreement) of February 18, 1998, from the
developer's attorney to our Office. Paragraph I of that letter in pertinent part
states that "[a] cash bond in the amount of $24,622.00 is currently being held by
the City to assure the completion of the lake (i.e. littoral area) plantings and
irrigation for same..." "Completion of same is to be in accordance to the
approved Landscape plan (plan) for the lake plantings bearing a revision date of
2/17/97 with reference to City permit No. 94-4154..." "Upon the City confirming
that said plantings have been completed in accordance with said plan and upon
the City receiving written confirmation from the irrigation installation company
that the individual irrigation systems on the home lots which abut these lake
plantings adequately cover the plantings, then the cash bond will be forthwith
released..."
Further, please see the attached August 1, 1996, memo from David Stein of GRB
(developer) to Bill, a City employee, which specifically references to the $24.622
bond money. Pertinent portion of that memo states that "I have just spoken
with Kevin and Jersey and they informed me the landscape plan has been
approved quantitatively... Kevin and I have outlined the following plans as
follows:
a. The certified check will cover the littoral zone.
b. The certified check will cover the perimeter buffer and entrance planting."
Furthermore, the August 1, 1996, memo itemizes the expenditures that could be
made of the bond money as: Gazebo's proposal (landscaping) $18,019;
Contingency for Qualitative analysis $2,500; 110% of proposed cost $22,570;
and Additional Contingency of (1 % of $20,515) $2,052.
~ --------"... -------r-
Analysis: Security bond may only be expended for the specific purpose for
which it was established. Both documents cited above specifically refer to
expending the security bond for the completion of "lake (i.e. littoral area)
plantings and make no mention of expending the fund for improvements on
individual irrigation systems within the development. The provision in the
February 18, 1998, letter stating that City would not release the bond money
until there is written confirmation from the irrigation installation company that
individual irrigation systems on the home lots which abut the lake plantings
adequately cover the plantings evinces an intent that the parties contracted for
the homeowners individual irrigation system to provide irrigation for the lake
area. Further, the fact that the August 1, 1996, memo has no itemization for the
cost of irrigation appears to be additional indication that the parties intended that
the bond money be expended on the lake planting area, and not on individual
irrigation systems. Thus, I am of the opinion that the bond was established
specifically for work on the lake plantings and may not be expended for
improvement on the individual homeowners irrigation systems.
Conclusion: First, the City should expend the $18,019 specifically earmarked
for landscaping on the lake plantings. Should the City decides to expend
$6,603.00, (balance on the bond) to improve the individual homeowners
irrigation systems, it could only be held liable to that amount should any lawsuit
be filed on this matter, unless the City can demonstrate that irrigation is an
integral part of the landscape plan.
Please let me know if you desire additional information on this matter.
Enc!.
CC: James Cherof, City Attorney
Nancy Byrne, Acting Director of Development
Kevin Hallahan, City Forester
S:Ca/Depts City Mgr. Lawrence Lakes Bond
------,
Feb-20-9a 05:31P
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ADAM L. BESSEN
Attorney ilt uw
.~ationsBank Building-
ZOOO Glade. Road. Suire 306
Boca Raton, Florida ";3" J 1
Telephone: 561..392.9980
Faalimilc: 561.J94.1J20!
February 18, 1998
VIA FACSIMILE (561) 375-6054 AND U.S. MAIL
Michael Pawelczyk, Esq.
Assistant City Allom.y
Ci ty of Boynton Beach
Boynton Beach. Rorida
RE LAWRENCE LAKES DEVELOP:\1ENT INC.{ LAWRENCE LAKE ESTATES
Dear ~. Pawleczk:
Please allow this letter to confirm our Wlderstanclings with regard, to tho i,,"1I"" conceming my client,
Lawrence Lakes Development, Inc. ("LLD") and the City of Boynton Beach ("City")
I. CASH BOND
A cash bond in the aDlOWlr of $24,622.00 is currently being held by the Cit)' to assure the
completion of the L1ke (Le. littoral area) plantings and irrigation for same. Completion of ;;ame is (<:l be
1t1 accordance with the approved l.anclsca pe Plan ("Plan") for the iake plantir;gs bearing a levi,ion date
of 2{17{97 with reference to Cil)' Permit No. 94-4]54. Upon t.~e City confi:ming that said plantings have
been completed in accordance with said Plan and upon the City receiving written confim18:ion from the
irrigation installation company that tho individual irrigation sy~tems on the home lots which ab:lI these
lake plantings adequately cover the plantings, then the cash bond will be fonhwith released by the City
to Lawrence Lakes Development, Inc. There are no othor contingencies for release of mis ca,., ':l<')fJ(1. The
scheduling of this work is set forth in Paragraph 3 of this agreement.
2. OTHER LANDSCAPING
There are other landscaping is'''ue5 referenced in Kevin Hallahan's memorandum dated January 20,
1998, specifically \Vim reference to the Berm Plantings. Lawrence Lakes Development agrees to provide
the necessary labor and materials such that said landscaping and irrigation pertaining 10 ,;rid BeJ'Jll' are
of adequate quantity and quality. The scheduling of mi., work., ~t fonh in Paragraph 3 of this agreetllenl.
'The completion of said Benn Planting and Irrigation >hall be independent and separdte from the
requirements of the plantings contained in Paragraph I hereinabove and are not required to be con:pieted
prior to the release of said cash bond.
M~mbP,. of FL;ri.dQ.Nm~- Yo;it &\':-~-u'~rse>!J Bars
Feb-20-98 05:31P
t"'..U4::
Michael Pawelcz)'k, Esq,
Assistant City Attorney
February 18, 1998
Page 2
3. SCHEDULING
The work to be performed as set fonh in Paragraphs I and 2 hereinabove shall be scheduled as
follows:
Irrigation pennit application"."""""...", """"".""""
" "",,,,,. see fOOUlote I below
Site Clearing"".."""..""",....,'" "",,,,.,,,,,,,,,, """,,,,,,..,,.. .,,,,,....,,..awairing in.pectioll
Littoral Planting,........,,,,,..,,..,..,,",.,..,,..,,..,.............,,,,.,,'" ,,,,..........' awaiting inspection
see foomote I below,
Final Clearing"" "..."...."...."....."'"....",,....... ..".."... .,."""" ,,,..,,.,,,,.awaiting inspection
Bem: Planting...."."........." " ,..."..2 weeks after littoral final and return of Cash Bond
4. OTHER MATTERS
As to any issues regarding the infraslrucwre and other development work at Lawrence Lakes
Estates, LLD has agreed to re\oiew such matters, and if authorized by code, ordinance, law or otherwL<;e,
the City may deai with unresolved matters through Code Enforcement Proceedings in the event that LLD
fails to comply, Any issues raised ourside the scope of City authority and powers shall he dealt with by
and between the homeowners, the homeowners association ("association") and LLD,
5, CERTIFICATES OF OCCUPANCY
It is agreed that the City shall not regardless of the malters set fonh herein nor in respan"" to any
I Lawrence Lakes Development Inc, has made application to City ror the inspection of the lake
plantings and irrigation system, City has informed LLD that it is unable to inspect said littoral plamings
and irrigation system until main water line is approved. LLD was !1r.>1 notified on 1{20198 that City does
not have permit/approval for main line irrigation system of record. This work was completed prior to
LLD's acquisition of propeny. LLD is responsible for assuring that Palm Beach Irrigation. Inc. submirs
the necessary information and specifications to aty for permitting of the imgation line. As soon as the
permit is issued, LLD will reapply to City for the fmal inspections of said lake plantings and irrigation
system. 'This shall be done within the time of any extended permit.
If LLD carmot obtain compliance of 100% of the homeowners to comply with the irrigation and
littoral plantings, it is LW's obligation to present a revised plan to Ibe Planning and Development Board
and the aty Commission, if such action is required based upon a determination of the Director of
Development If approval of the revised plan is not obtained, LLD agrees to comply with the onginal tion
permit no. 92-1843, City agrees that it shall not unreasonably require compliar.ce with said permit revision
if in fact LLD is unable to obtain 100% nomeowner approval.
~
Feb-20-ge 05:32P
P.03
(
Michael Pawelczyk, Esq.
AssiSWlt City Attorney
February 18, 1998
Page 3
It is agreed that the City shall not regardless of the matters ""t forth herein nor in respon"" to any
complaints it may receive from homeowners or the Association pertaining to the infrastructure or olber
development work UI Lawrence Lake Estates, Withhold Certificates of Occupancy for the remaming two
lots. so long as said constrUCtion is in compliance with applicable codes and ordinances.
6.
ASSURANCES & EXTENSION OP PERMlT 4194-4154
A
City staff has recommended and agreed lbat Pennit #94-4154 shall be extended for a period of
no leg; than rhirty (30) days from February 20, 1998 provided that a permit extension is requested
pursuant to lbe Standard Building Code by providing the necessary written justification of the Building
Department During this period LLD shall continue it current efforts in applying for inspections of the lake
plantings and irrigation system and striving to obtain final approval of same. After said inspections ate
completed, and in lbe event that additional work and or materials are required by lhe City, LLD agrees
to comply with said requestS Wltil final approval of same is granted by the City. City agrees lbat it shall
not during rhe period of time during which !he inspection are ongoing cause to initiate code enforcement
proceedings against LLD wilb regards to the lake plantings and irrigation. LLD agrees that if it does not
make a good failb effort to comply wilb City's requirements per the Jake plantings and irrigation, or if it
does not make timely application for inspections of same, rhe Ory shall have lbe ability to initiate code
enforcement proceedings against LLD at any time during the permit extenSion period. City hereby agrees
to notify LLD or its anorney, Adam L. Bessen, Esq. prior to lbe initiation of said code enforcement
proceedings so as to allow LLD a final opportunity to comply wirh City requirement"- City agrees to
extend said 30 day period in a like mannet in the event that delay is due to the Oty's inabili ty to schedule
the required inspections in a timely and expeditious manner.
Very truly yows,
ADAM L. BESSEN
Attorney for Lawrence Lakes Developemm, Inc.
AGREED AND APPROVED
rZff~
Mike Pawelczyk, A 'stant Allomey for City of Boynton Beach
Date: 3/p/fy
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G" DZvaLOPllaMT AND C::ONSTRllCnON, QjC.
>> J.AWJlJ:KC& Lo\KI DIIJVI:
.uTIn'OM .UCB. n. JMJlI
I'tION8 (407) '734.1116
PAX (407) '134-9141
AUiUS1 I, 1996
Dear Bill,
,
I have j\IIIlJIODn with KeYla IIUI J..-y IDd lhey illl'onMcl me tIw land..;ape plan haa
been approved qlWllitwvoly. TIIiJ I1IUIII aD that remam. to be done i. the ~ita"ve
analy.i.. Kevin a.nd r have CMIinad die foIlowina plan .. tbllaWl: I
.. Tho cerUftld Ilhg will covw tAo linoral zone. I
b. Tho coni!ed cbcdc wW COv.' tbe periIllOtor ~ and etnraIIC4l plant..
c. All tIClll& incb..t;"1 tho Wdltioael1llne (9) r6ll.11ttt&d by J..,. ve included In
Ouebo', propoul. J
d Any poAiblo ~ atr.. ~ lipid into tho checlc caJculllllon .
outIiIRId below, I
c. w. .... ifKovill'" quJtitoIiVlI review revaI. IlIW lIbllrt~np we . I
R1pplllmellt tho olltdc Car lIlY amotIlIt. not ~ ill lIlY r.......1IIIO)' IJIIre
f. predk:ated OD tIIa City IllCtlptina thi. propolll we wou1cllikl to reque tho
re10ue of'Corti&ata ot"OcGupu\I;y for 101113,14,23, .t 33.111 . we
requa& t/I&l tII. bond 1llOM)' from U. prcMClu, dcvo. (ScmyI M ) be
releued
Financial C.IIcu1aIiOIl:
Oazebo's PropoIII
Continpnoy for QuaIiUtIv. '''yt;OII
51',010
S ~,~
S20,519
m,HO
S 2052.
II 0 penlelIt of Propoaod Colt
Additional C0min8en')' (I % of 120,5 19)
Check to 8oyIIton BeWt 124,62,:
Ai far AI the JandIaapina i. 4lO~ thlIlmIlI- ill4lCOJlC&bIo Ie> I( . Hallahan. I
am aI.o falcinS him a cop)' of'thiI. It it my detlte to brinllhlt check to you I w if
this plan it acceptable. P1_ plio... me at 73600' 01 .0 c1iIllUl,lInallziroi ttJ. mIIller
Sinc;ereiy ,
Dave Stein
I
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The City of
Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Office of the City Attorney
(561) 375-6050
FAX: (561) 375-6054
March 12, 1998
Adam Bessen, Esq.
NationsBank Building
2000 Glades Road, Suite 306
Boca Raton, Florida 33431
VIA FACSIMILE ONLY
(561) 392-9980
Re: Lawrence Lakes DevelQpment / Lawrence Lakes Estates
Dear Adam:
Attached hereto is your letter dated February 18, 1998, that I have signed indicating my
acceptance of the terms. Please sign the letter, returning a copy of the same to me at your
earliest convenience. I understand, after speaking with Kevin Hallahan, that the permit
has been extended to give your client adequate time to comply with all landscaping
requirements, requests, and recommendations. I am disturbed to hear that no inspections
have been requested since your last meeting with staff here at City Hal!. Please recall
that the city may initiate code enforcement action during the extension period should no
inspections be requested on a regular and immediate basis. Your cooperation is
appreciated
y~~
MICHAEL 1. P A WELCZYK
Assistant City Attorney
Enc!.
ca\depts\citizens axn\lawrence lakes - Bessen Itr 2
cc: Kevin Hallahan, Recreation & Parks
Michael Haag, Development Department
Susan Berman, Citizens Action Center (w/o end)
"An Equal Opportunity/Affirmative Action/ADA Employer"
'PoOl
Fe~-20-9a 05:3lP
ADAM L. BESSEN
Attorney at Law
':sIarlonoBank Bulldll\"
ZOOO Glides Road . Suite 306
Boca Raton, Florida :H~ 3 1
Telephone: 561.392.9980
Fac.aimi1c: 561.194.9%OI
February 18,1998
VIA FACSIMILE (561) 375-6054 AND U.s. MAIL
Michael PaweJczyk, &q.
Assistant al)' Auomcy
aty of Boynton Beach
Boynton Beach, Rorida
RE: LAWRENCE LAKES DEVELOPMENT INC.' LI\WRENCE LAKE ESTATES
Dear Mr. Pawleczk:
Please allow this letter to confirm our Wlderstandings with regard, to the js;;ues concerning my client,
Lawrence Lakes Development, Inc. ("LLDH) and the City of BoyntOn Beach (HCitYI
1. CASH BOND
A cash bond in the amowlt of $24,622.00 is currently being held by the Cil)' to as&'Ure Ihe
completion of the lake (i.e. Iiuoral area) plamings and irrigation for same. Completion of same is 10 be
in acconlance wilh the approved Landscape Plan ("Plan') for the Jake plantings bearing a revision date
of 2/17/97 with reference to City Permit No. 94-4154. Upon I.'re City confi!1Iling that said planting.~ have
been completed in accordance with said Plan and upon the City receiving written confirmation from the
irrigation insIa1Iation company that the individual irrigation sy&errn; on the home lots which abut these
lake plantings adequately cover the plantings, then the cash bond will be forthwith released by the City
to Lawrence Lakes Development, Inc. There are no other contingencies for release of lhis ca"n 00nd. The
scheduling of this work is sel forth in Paragraph 3 of Ihis agreemenL
2. OTHER LANDSCAPING
There are other landscaping is:lues referellCed in Kevin Hallahan's memorandum dated January 20,
1998, specifically with reference 10 the Berm Plantings. Lawrence Lakes Development agrees 10 provide
the necessary labor and materials such that said landscaping and irrigation penaining to Slid Berms are
of adequate quantily and qua1ity. The scheduling of thiR work l~ set forth In Paragraph 3 of this agreement
The completion of said Berm Planting and Irrigation shall be independent and separate from the
requirements of the plantings conlained in Paragraph I hereinabove and are not required 10 be completed
prior to the release of said cash bond.
Membooor oJPIOrida. .~-'1o;k&7.i;~-J;raey BaA
Fsb-20-98 05:31P
'P.02
Michael Pawelczyk. Esq.
Assistant City Attorney
February 18. 1998
Page 2
3. SCHEDULING
1be work to be performed as set fonh in Paragraphs 1 and 2 hereinabove shall be scheduled as
follows:
I., . I" ......-Ole \ below
mgaUon permit applcauon............................................................. see lUUU'
.., Ii
Site Clearing. ......... ........................ ...................... ... ...................... .... ..awalung IIISpeC on
Littoral Planting. ............................... ................................. ................ awaiting inspection
= foomote 1 below.
Final Oearing...... ............. ....... ..... .......... ....... .... ..................... ............awaiting inspection
Benn Planting..............................2 weeks after littoral final and relUIl1 of Cash Bond
4. OTHER MA TIERS
As to any issues regarding the infrastructure and other development work at Lawrence Lakes
Estates, LLD has agreed to review such matters, and if authorized by code, ordinance, law or otherwi.'ie,
the City may deal with unresolved matters through Code Enforcement Proceedings in the evem that LLD
falls to comply. Any issues raised outside the scope of City au1hority and powers shall be dealt with by
and between the homeowners, the homeowners ~iation ("association") and LLD.
S. CER"F1CATES OF OCCUPANCY
It is agreed that the City shall not regardless of the matters set fonh herein nor in response to any
I Lawrence Lakes Development Inc. has made application to City for the inspection of the lake
plantings and irrigation system. City has infonned LLD that it is unable to Im.'pect said littoral plantings
and irrigation system until main water line is approved. LLD was first notified on 1/20/98 that City does
not have permit/approval for main line irrigation system of record. This work was completed prior to
LLD's acquisition of propeny. LLD is responsible for assuring that Palm Beach Irrigation, Inc. submits
the necessary information and specifications to City for pennitting of the irrigation line. As soon as the
permit is issued. LLD will reapply to City for the fmal inspections of said lake plantings and irrigation
system. 1his shall be done within the time of any extended pennlt.
If LLD cannot oblllin compliance of 100% of the homeowners to comply with the inigation and
littoral plantings, it is LLD's obligation to present a revised plan to the Planning and Development Board
and the Oty Commission, if such action is required based upon a determinati on of the Director of
Development If approval of the revised plan is not obtained, LLD agrees to comply with the original tion
permit no. 92-1843. City agrees that it shall not unreasonably require compliance with Slid permit revision
if in fact LLD is unable to obtain 100% homeowner approval.
/.
-~.
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~
GRB DI:VJtLOPMENT AJIlD CONSTIlVCnON, INC.
3.J LAWUNCt LAD DRIVI:
BOYNTON BUCK, n. J34~
PHONE (407) 134.1816
FAX (407) 134-9848
" [
f'~
Augusl I. 1996
Dear Bill,
I have juS! spoken with Kevin and Jersey and they informed me the Iands.;:ape plan has
been approved quantitativdy. This means all that remains to be done is Ihe qualitative
analysis Kevin and I have outlined the following plan as fonows:
a The certified check wiD cover the littoral zone.
b. The certified checlc wiD cover the perimeter buffer and entrance plantings.
c. All trees including the additional nine (9) requested by Jersey are included in
Gazebo's proposaL
d Any possible qualitative extrlS are figured into the check calculation as
outlined below.
e. We agree if Kevin's' qualitative review reveals any shortcomings we wi~1
supplement the check for any amounts not covered in my contingency fiBure
f Predicated 011 the City aa:epting this proposal we would like to request the
release ofCertificateJ ofOc<:upancy for 10ls 13,14,23, &. 33 In addition we
request that the bond money from the previous developer (Sonya Martin) be
released
Financial Calculation:
Gazebo's Proposal
Contingency for Qualitative Inspection
518,019
S 2 500
520,519
110 percent of Proposed Cost
Additional Contingency (1% of $20,5 19)
522,570
$ 2 052
Check to Boynton Beach $24,622
As far as the landscaping is concerned this arrangement is acceptable to Kevin Hallahan I
am also faxing him a copy ofthis It is my desire to bring this check to you tomorrow if
this plan is acceptable. Please phone me at 736-0 I 08 to discuss linaIizing this matter
Sincerely,
Dave Stein
~a 3~l:'d
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Lawrenrn l.a.ke Estates
An Exc'us::i.,. W8t~,.frQ"t Community
July 31,1996
City of Boynton Beach
Mr. William V. Hukill, Director of tile Department of Development
Dear Bill,
I am writing you this tetter for several purposes. As yOll are SWlfe, we at
Lawrence Lake Estates have run into some difficulty in acquiring Certific&tes of
Occupancy (CO) due to a problem with our landscape plan. In recent weeks, I
have had to work very c105ely with Jersey and Kevin in trying to reach an
agreement on how to appease our homeowners as well as satisfying the
requirements of the City concerning tree counts and native species. Firstly. [want
to commend your staff: Mike Hague, Jersey Lewicla, Kevin Hallahan, Lynn Hays
and everyone else who has been involved in trying resolve this difficult situarion.
They have all been extremely helpful for which we are grateful.
Last week Greg Berman and myself met with you briefly to discuss what could be
done to enable us to CO homes again. lt was my understanding that if we reached
an agreement on what landscaping improvements need to be made and we agreed
on a dollar figure, we would be able to give the City a letter of credit and then we
could proceed with finishing the community. Yesterday I submitted a final
drawing for the entrance and binn areas in response to Jersey's co~ents. His last
comments stated we needed to add nine (9) additional native trees to the plan and
that would bring us in compliance with City Codes and meet or exceed initial
submissions.
I also spoke with Kevin yesterday, concerning the lake planting. He feets the plan
is acceptable, but has not yet run the quantitative analysis. As per my
conversation with you and Kevin, I am enclosing a copy of Gazebo's proposal to
33 Lawrence Llk! Orin. BDynton Buch. FIDrida 33436 407.734.1316 FIX 407714.9848
-~~
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.
(
'.
Lawl'1lofe lBke Estates
An Excluli'lB W"terfrant CommunIty
finish all planting within the conunWlity. Instead of issuing a letter of credit for
one-hWldred and ten percent (110%) of the cost, we are ",illing to Issue one for
one-hundred and twenty percent (12~'O). This additional ten percent (10%) is to
cover any contingencies which may arise from the qualitative examination of the
landscaping in our community.
I am proposing that Lawrence Lake Development, mc. issue the City a letter of
credit for $21,625.00. lD return I would like to be guaranteed that so long as we
are making progress with the landscaping. no more army CO's win be withheld.
In addition I would like the City to release all moneys held from the preVious
developer concerning the landscaping.
I am scheduled to come to your office at 2:30 this afternoon. If you have read this
and would like to discuss the details of this arrangement over the telephone that
would be fine with me. If you desire my presence, I would be glad to meet with
you at our previously scheduled time.
..S4tcerely, ~"
-)~ ..LJu..:-
Dave Stein
~
33 Lawrence Leke OriH Boyntan Baach, Florida 33436 4017341816 Fax 407.7349B48
C"Cl ":!t:";I'1',..j
. ..s~
~t:~F.-t7~/-IAt7 ___LT:CH Q':'9T/H' 'ICl
.
BUILDER:
.rOB NAME:
LOCATION:
CONTACT:
GRB
LAWRENCE LAKE-LITTORAL
5O'lNTON BEACH
PETER HE'lMANN/VINCE IANUALE
KEY QT'i PLANT MATERIAL SIZE
:-!:S 27 MAHOGAN'i 8' X 4' 15 GAL
,
GB 15 GREEN BL~ONWOOO 8' X 4'
sa 11 SILVER BUTTONWOOD 6' X 3', 10 GAL
SP 26 SABAL PALM 22-24' GW
LF 120 LEATHER FER."l 3 GAL, FULL
CC 122 COCOPLU'M 3 GAL, FULL
MM 63 WAX M'iRTLE 3 GAL 4'X3' FULL
38 RELOCATE QUEEN PALMS TRANSPLANT
PC 2110 PICKEREL WEED BARE ROOT
1 SOD REMOVAL AND aED PREP
40 C'!PRESS MULCH CUBIC 'iD.
PLAY AREA
LO
5 LIVE OAK
12'X5'
r
REVISED:
DATE:
FILE:
rJNIT
PRICE
100.00
100.00
50.00
105.00
12.00
6.50
6.50
75.00
1;15
1,000.00
28.00
TOTAL:
150.00
___r"'"'''~''''''''' ......yf t"T"""'.f
,",i.l "Jt'lH...l
. "llb.T rrv
..~'".. =--.t!f'.!.=l-'"-'>-.
7-29-95
7 -13 -9 5
LAW LAKE
TOTAL
PRICE
2.700.0
1,500.0
550.0
2,13C.O
1,440.0
193.0
409.5
2,850.0
2.426.5
1,000.0
1,120.0
---------
17,519.0
==D:5___==
750.0
-
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. SERVICE
_----.l T . n l' .:l~': T ,,.'" . I r.l
~.u COWR SIR&T
GO DEWLQPM&NT AND CONSTRUCTION. INC.
JJ LAWRaNCE J..AKJ: DIUVE
BOYNTON BEACH.'L S34J6
PHONE (407) 734-1816
FAX (407) 734-9148
r
10) m m rn 0 WI rn ~l
lJlJ JUL 3 I 1995 ~
ENGINEERING
-
. .
TO:
WILUAM HUKILL
FROM:
DAVE STEIN
DATE:
JULY 31,1996
SUBJECT: LA:'lDSCAPING AND LETTER OF CREDIT FOR
LAWRENCE LAKE ESTATES
\ ,
Number of pages including this one: 4
r0 3S1\1d
._..____._~_________ S'd;:1
8,86:PEL-LY' L~:0r ~66r/lEIL0
I
Jun 29 99 08:24a
CIt~ Atto~n@~ls O~~ioe
561-742-6054
1'" 1
CITY OF BOYNTON BEACH
OFFICE OF THE CITY ATTORNEY
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH 33425-0310
Phone (561) 742-6050
Fax (561) 742-6054
FACSIMILE TRANSMISSION COVER SHEET
TO:
Nancy Byrne
FAX NUMBER:
6357
FROM:
April Lamons, Office Assistant
RE:
Lawrence Lakes
DATE:
June 29, 1999
This facsimile transmission contains 2 pggg(s), including the cover sheet.
The Information contained In this facsimile message and the pages following are attorney privileged and
confidential information intended only for the use of the individual or entity named above. If the reader of
this message is not the Intended recipient, you are hereby notified that any dissemination, distribution, or
copy of this communication Is strictly prohibited. if you have received this communication In error, please
Immediately notify us by telephone and return the original message to us at the above address via the U.s.
Postal Service. Thank you.
If any problems occur in receiving this message, please call this office at (561) 742-6050.
DEPARTMENT OF DEVELOPMENT
Memorandum
DD 99-37
FROM:
Wilfred Hawkins, Interim City Manager
Honorable Mayor & Commissioners
Nancy Byrne, Acting Director of Development .w
June 29, 1999
TO:
DATE:
RE:
MEETING WITH LAWRENCE LAKE ESTATES HOA
James Cherof, City Attorney
Nicholas Igwe, Assistant City Attorney
cc:
On June 22, 1999, City Staff met with representatives from the Lawrence Lake Estates Homeowners
Association to formalize a plan of action to resolve the best application of funds retained in surety by the City
from the former developer. In attendance were Diane Bonaldo, Lawrence Lake Estates HOA President; Cecelia
Virgil, Lawrence Lake Estates HOA Vice President; Sal Chicco, Lawrence Lake Estates HOA Director; Ray
Bonaldo, Lawrence Lake Estates HOA Landscape advisory member; Nick Igwe, Assistant City Attorney;
Nancy Byrne, Acting Director of Development; Don Johnson, Building Official; Mike Haag, Building Permit
Administrator; Michael Rumpf, Planning & Zoning Director; and Kevin Hallahan, City Forester.
City staff explained that the existing permits required to complete the site had been voided due to default by the
developer. Staff then outlined a suggested resolution to the remaining landscape and irrigation requirements.
. City staff will work with the homeowners association to develop an as-built set of site plans to reflect
existing plantings installed in the common areas.
. Once completed, staff will review the as-built plans to determine the minimum requirements to bring the
plantings within the littoral zone up to code.
. Lawrence Lake Estates would then have the opportunity to work with a landscape design professional of
their choosing to submit plans to meet those requirements.
. The City will establish an escrow account with the monies received for surety and those monies will be used
to reimburse the Contractor retained by Lawrence Lake Estates as invoices and site work are approved by
the HOA. The HOA will be responsible for approving and supplying invoices for labor and materials in
order to release reimbursement from escrow.
. The City Attorney's office will investigate whether the HOA may use surety funds to make necessary
improvements to the irrigation system.
. At the time that the work is completed, the City will conduct a final inspection which must be approved in
order to close out the required improvements.
DD 99-037 Lawrence Lake Estates BOA Meeting -
June 29, 1999
Page 2 of2
During the meeting there was considerable discussion relating to the liability/obligation of the HOA to honor
payment of the outstanding Rood Landscaping invoice for the site. City staff cautioned that while the as-built
drawings would be used as the basis for the new permit, should Rood exercise their right to remove materials
due to non-payment, the HOA would be obligated to replace those plantings in order to remain in compliance.
Assistant City Attorney Nick Igwe, advised the HOA that Rood might choose to apply a mechanics lien against
their properties in an effort to obtain compensation. City Staff advised the HOA to retain the services of an
Attorney to best advise them on their legal position in this matter. The HOA electively decided not to allocate
any of the initial funding available through the release of the surety against the outstanding Rood Landscaping
bill.
At the time the original site plan passed through City Commission, the HOA was granted permission to irrigate
the littoral plantings by redirection of sprinkler heads located on each homeowner's property. City staff
discussed the obligation of the HOA to obtain the cooperation of the homeowners in meeting that commitment.
The HOA inquired if the surety funds could be used to make the necessary improvements to the existing
irrigation systems to meet that obligation, or if those funds could be used to install a completely separate
irrigation system. Assistant City Attorney Nick Igwe responded that both the City Attorney and City Manager
would have to review the conditions of the surety to provide a clear decision on the use of funds for irrigation.
As of today's date, the HOA has not contacted Kevin Hallahan to complete the as-built plans for the site. They
had requested some additional time following the meeting to gather consensus from the homeowners as to how
they wish to proceed with the City.
.-----,
DEPARTMENT OF DEVELOPMENT
Memorandum
DD 99-038
FROM:
Wilfred Hawkins, Interim City Manager
James Cherof, City Attorney
Nicholas Igwe, Assistant City Attorney
Nancy Byrne, Acting Director ofDevelopment~
June 29,1999
TO:
DATE:
RE:
LAWRENCE LAKE ESTATES - USE OF SURETY FUNDS
During our meeting on June 22, 1999, with representatives from the Lawrence Lake Estates HOA regarding the
use of funds from the surety retained by the City, the HOA inquired as to whether they could utilize monies
from the surety for improvements to the irrigation system.
Back when this development's site plan was approved by Commission, the developer was allowed to forgo
installation of a separate irrigation to sustain the littoral plantings, and allowed to utilize the irrigation systems
of each of the property owners within the development. Since the City is now moving forward in a cooperative
effort to assist the HOA in fulfilling the required littoral landscaping, and the prior developer's permits related
to landscaping have been voided, we would appreciate your interpretation of the attached documents.
Our cursory review of the language used to define the cash bond in the correspondence from Adam Bessen to
Michael Pawelczyk, dated February 18, 1999, does not appear to specifically exclude use of those funds for
irrigation. In order to provide that "irrigation systems on the home lots which abut these lake plantings
adequately cover the plantings," the HOA will have to hire an independent irrigation contractor to obtain the
required certification and make any necessary adjustments to assure coverage. Therefore, our interpretation
would be that this funding could be utilized to meet the developer's commitment to irrigate adequately.
Please provide us with a written opinion which we will share with the HOA.
J'oJ'IF i -/ =gg i j .. j:l f IWW
JOSU.S, GOBEN, CHEBOP', DOODY & EZBOL, P.A.
lU:"
f' P\G,-1i:. ;I. / 'L ~
.TTQ"N~Ya AT LAW
SUrn: 200
~O.. CAST CONMEftCw. aOUI.EVARO
!lom UUD....I>.U.&, Fl.OaXDA 3:1308
STEvt:N ~. ..IOStAS
SAMUEL S. GO"E:N
.JAMES A. CWElItO,.
DONALD ..J. DOODY
t(~RR'f L. EZROt.,
TCLC:~"OHC t9S.'", . 4500
".c:atM'U (954'771. "Z3
M'CHAEL D. CIRUU.O. ,JR.
,JULIE ~. K"A"R
MA,.Re.IA .~"'CH
"C"ER J. 1I00EFt
JUDe 17, 1999
Via Fax ~rv1 U.S. Mail
Guy S. Edinger, Esquire
305 N.E. 1st St.
Gaiuesville, FL 32601
~e- \.cen5€-cl {f;J( /qq
dr;nLG .r?laL~
as c"-
Re: OecuDatiOna/ License of Ramu Enre'l""ises. Inc. d/b/a Bikini Roo....ll
Dear Mr. Edinger:
The pwposc of this letter is to address the course of action the City of Boynton Beac.b (the
.City") bas chosen to take rqarding the OCCUpational license of Bikini Beach. The Cil}'
Manager bas determined that prcscndy, Bikini Beach is acting outside the scope of its
occupationalliccnsc classification, i. e., a resraurant.
Based on all the evidence the City Manager bas received in this maner, it bas been dctcnnined
that UDder the City Code of Ordin......, Bikini Beach is primarily a drinking establishment.
Therefore, in order for Bikini Beach to continue doing business Within the City limits, your
client will need to surrender bis present occupational license to the City Depanment of
Development. Upon surrendering the Iiccnsc, a new license will simultaneoUSly be issued to
Bikini Beach. This DCW 1i""D~ WiD classify Bikini Beach as a "drinking pIace" (SIC /I 5813)
pursuant to the Code of Ontin~n,.es' occupational license classification system. At that time,
your client will need to pay the difference in cost between what he paid for bis restaurant
occupational license, and the COst of an occupationallic:CQSC issued for a drinking establishment.
As Bildni Beach appears to be operating beyond the parameters of its current occupational
license, please advise your client that he will have five (5) business days from your receipt of
this letter in which to SIlrrcDder bis c:urrcnt OCCUpational license to the Depanmcnt of
Developmem in ac:cordaDce with the terms set forth above. Should you have any questions.
please do DOt hesitate to c:all on me.
pm:ms
cc: Wilfred Hawkins, Interim City Manager
990222\bikmi.2
DEPARTMENT OF DEVELOPMENT
Memorandum
DD 99-038
FROM:
Wilfred Hawkins, Interim City Manager
James Cherof, City Attorney
Nicholas Igwe, Assistant City Attorney
Nancy Byrne, Acting Director of DevelopmentW
June 29, 1999
TO:
DATE:
RE:
LAWRENCE LAKE ESTATES - USE OF SURETY FUNDS
During our meeting on June 22, 1999, with representatives from the Lawrence Lake Estates HOA regarding the
use of funds from the surety retained by the City, the HOA inquired as to whether they could utilize monies
from the surety for improvements to the irrigation system.
Back when this development's site plan was approved by Commission, the developer was allowed to forgo
installation of a separate irrigation to sustain the littoral plantings, and allowed to utilize the irrigation systems
of each of the property owners within the development. Since the City is now moving forward in a cooperative
effort to assist the HOA in fulfilling the required littoral landscaping, and the prior developer's permits related
to landscaping have been voided, we would appreciate your interpretation ofthe attached documents.
Our cursory review of the language used to define the cash bond in the correspondence from Adam Bessen to
Michael Pawelczyk, dated February 18, 1999, does not appear to specifically exclude use of those funds for
irrigation. In order to provide that "irrigation systems on the home lots which abut these lake plantings
adequately cover the plantings," the HOA will have to hire an independent irrigation contractor to obtain the
required certification and make any necessary adjustments to assure coverage. Therefore, our interpretation
would be that this funding could be utilized to meet the developer's commitment to irrigate adequately.
Please provide us with a written opinion which we will share with the HOA.
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-239
TO:
TRC MEMBERS
Bulent Kastarlak, Director of Development
Steve Gale, Fire Marshal
Kevin Hallahan, Forester/Environmentalist
Ofc. Robert Riggle, Police Department
Pete Mazzella, Utilities Department
Mike Haag, Building Code Permit Administrator
Ken Hall, Engineering Division
Larry Roberts, Public Works Director/City Engineer
John Wildner, Parks Superintendent
Ray Davidson, Engineering Division
,j~~
Michael W. Rumpf
Acting Director of Planning & Zoning
FROM:
DATE:
August 13, 1998
RE:
SITE PLAN REVIEW PROCEDURES
1 ST Review - Conditional Use
Project - St. Joseph's Episcopal Church
Location - 3300 S. Seacrest Boulevard
Agent - Jerome F. Milord
File No. - COUS 98-002
1- ,
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.,.......
OEPAIHMENT 'Of IliE\lHOPMENT
Find attached for your review the plans and exhibits for the above-referenced project. Please
review the plans and exhibits and transmit formal written comments to me no later than
5:00 P.M. on Auaust 28. 1998. When preparing your comments, please separate them
into two categories; code deficiencies with code sections referenced and
recommendations that you believe will enhance the project.
Adhering to the following review guidelines will promote a comprehensive review and enable
the applicant to efficiently obtain Technical Review Committee approval:
1. Use the review standards specified in Part IV, Land Development Regulations, Site Plan
Review and the applicable code sections of the Code of Ordinances to review and
formulate comments.
2. The documents submitted for the project were determined to be substantially complete,
however, if the data provided to meet the submittal requirements is insufficient to
properly evaluate and process the project based on the review standards or the
documents show code deficiencies, additional data and/or corrections should be
requested by the reviewer by contacting Scott Barber.
'e DEPARTMENTD'DEV''''''''''''
, . Bulent I. Kasrarlak. NCARB
Director
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TO:
Michael J. Pawelczk, Assistant City Attorney
Bulent I. Kastarlak, Director of Development
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Dj" ...J / il/
Kevin John Hallahan, Forester/Environmentalist L:. \ ~ 1VC D/v;;.y/';/'
I If '/' I
Lawrence Lake Estates-Inspection and Evaluation ~~~~..
Letter of April 28,1997
,
Ii <
//" .-
RECREATION & PARK MEMORANDUM # 98-
FROM:
Re:
DATE:
January 20,1998
The following is a summary of the above inspection and evaluation requested by the Assistant
City Attorney pertaining to the items listed in a letter to the City dated April 28,1997. The
evaluation items are outlined in accordance with the letter.
1. Cash Bond
The applicant has not completed installation of the landscape plantings for the lake.
Developer was to complete this item by 5-27-97.
The applicant has not submitted written confirmation from the irrigation installation
company that the individual irrigation systems on the home lots adequately cover the lake
plantings.
Developer was to complete this item by 5-13-97
***Work to be comDleted bv the DeveloDer:
a. The developer must install the lake plantings in accordance with the
City Department of Development Permit # 94-4154 (revised 2-17-97).
b. The developer must get written confirmation from the irrigation
company that all of the individual homeowners irrigation systems have
adequately provided water to the lake plantings.
2. Other LandscaDing
Berm Plantings:
The Developer was to complete this item 2 weeks after the littoral plantings final
inspection and return of cash bond from the City-still incomplete
The City continues to hold the $24,000 cash bond because the developer has not completed
the lake p1antings.
***Work to be comnleted bv the Develoner
BERM PLANTINGS
a. The applicant must complete the qualitative inspection of existing
landscape materials on the projects sites (i.e. perimeter of project
boundaries, entrance way, and any existing Slash Pine trees). This is
a condition of permit No. 94-4154. This allows the applicant to
include existing vegetation as part of the permit if the plants are found
to be acceptable upon my inspection. (required standards of quantity
and quality)
b. The applicant must complete the irrigation inspections for the above
areas for adequate coverage of all landscaping.
3. Scheduling
***Work to be comnleted bv the Develoner
These items of additional work were to be completed in accordance with the
following dates.
a. Site clearing............ ........ ................... ....April 28,1997-status
unknown
b. Final c1earing..........................................1 week after successful
littoral (lake) inspection-
still incomplete
4. Other Matters
***Work to be comnleted bv the Develoner
All other issues regarding the infrastructure, development work (and entranceway
landscape I irrigation), if not properly remedied,.shall be dealt with through
the City Code Enforcement procedures.
5. Certificates of Occunancv
The last 2 homeowner lots for the project would be issued c.o. ' s upon
successfully construction inspections, regardless of the completion status of any
landscape I irrigation item.
Summary Discussion ofProiect:
The developer has initiated the work for most of the listed items required by the April 28, 1997
letter of agreement between Lawrence Lakes Estates and the City of Boynton Beach. The items
are not comoleted until the developer receives a successfully completed inspection from the City
Department of Development. .
I. There have been several failed inspections of the lake plantings over the past year due to
landscape materials not meeting the approved plans or specifications. The developer has not
been able to get 100% of the. homeowners to have the irrigation systems provide water to the
lake plantings. Whenever a landscape contractor initiates work and discontinues the work,
the homeowners become angry and call City Hall. The current status ofthis item is not
comoleted.
2. The developer has not received a successful inspection of the berm plantings and
entranceway landscaping. The homeowners are waiting for the developer to complete these
improvements, and continue to call City Hall.
3. I am not aware of any other outstanding items (non-landscaping / irrigation items) that the
homeowners are waiting to be completed by the developer.
Recommendations
I would recommend I initiate a new meeting with all the appropriate people to determine why the
listed items have not been completed by the assigned dates in the letter of April 28,1997.
I would also recommend that Scott Blaise initiate the Code Enforcement Division procedures as
agreed to by the Developer and the City in the letter paragraph entitled" Other Matters".
I would recommend the City not renew the outstanding permit #94-4154 (expires February
19,1998) and fmd the developer not in compliance for presentation to the Code Enforcement
Board.
Kjh
Sue Berman, Administrative Assistant, City Manager
Scott Blaise, Supervisor Code Enforcement
File (2)
CITY OF BOYNTON BEACH
;/ 20 _
MEMORANDUM
RE:
Susan Berman, Citizens Action Center
Michael J. Pawelczyk, Assistant City Attorney 71l~.i!
Lawrence Lakes Estates
Call from Walter Sullivan
TO:
FROM:
DATE:
November 19, 1997
This is in response to your E-Mail transmission dated November 18, 1997. After speaking with
the City Attorney and locating the file on this matter, additional research has revealed that the
attached memorandum dated November 6, 1997 should be updated.
Following the March 31, 1997 Memorandum from Kevin Hallahan, City Forester, a meeting was
held in April, 1997, to discuss certain development and landscaping issues for Lawrence Lakes
Estates. Attendees at the meeting were the City Attorney, City staff, and Jeffrey Kneen, who is
the Attorney for Lawrence Lakes Estates. The cu1mination of that meeting and subsequent
phone conversations was the April 28, 19971etter sent by Jeffrey Kneen to this office. That
letter sets forth, among other things, the work schedule to complete the landscaping at Lawrence
Lakes Estates.
Encl.(2)
MIP/.
ea....'atizmlam~11ka l~mcmo2
cc: Kerry Willis, City Manager
AI Newbold, Deputy Director of Development
Kevin IbllahllJl. ForesterlEnvironmentalist
James A. Cherof, City Attorney
LEVY. KNEEN. MARIANI. CURTIN. WIENER. KORNFELD & DEL Russo
PROFESSIONAL ASSOCIATION
COUNSELORS AT LAW
S\JlfE. 1000
1400 CENTREPARK BOULEVARD
JEF'Fr:lEY 0 KNEEN
W"ITER'S DIIlt'E.CT 01":" NO.:
(SeI1478..711
WEST PALM BEACH. PLORIDA 3:3401
TELEPHONE (S81) "'78."'700
"-A.}( NO. IS611.7B_sel1
H. IRWIN LevV
01'" COUNSEl.
April 28, 1997
VIA FACSIMll..E AND U.S. MAll..
James Alan Cherof Esq.
Josias & Goren
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL 33308
RE: LAWRENCE LAKES ESTATES
Dear Mr. Cherof:
This letter is being sent to you in your capacity as City Attorney for the City of Boynton
Beach. I have prepared this letter in my capacity as attorney for Lawrence Lakes Development,
Inc. As a result of our joint meeting at the City on April 16. 1997, and taking into account the
correspondence which we have received from Mr. AI Newbold. acting Development Director
of the City dated February 10, 1997 and his most recent letter dated April 21, 1997. we are now
in posmon to fmalize our understandings. If this letter meets your approval. please execute at
the bottom, on behalf of the City. Our understandings are as follows:
1. Cash Bond.
t.
~.
"'. ". ... dIeIe lake
~J..).!. -. ", .. , .
the casfl bond will be released by the City to Lawrence Lakes Development, Inc. re are no
other contingencies for release of this cash bond. The scheduling of this work is set forth in
Paragraph 3. below.
Glinski, Bonnie
. \ ,^.~'rhe 7J ~
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From:
Sent:
To:
Cc:
Subject:
Hallahan, Kevin
Wednesday, April 15, 1998 8:06 AM
Pawelczyk, Mike; Glinski, Bonnie
Wildner, John
RE: Lawrence Lakes-irrigation line inspection scheduled for Friday 4-17-98?
This inspection would be ticketed through the Building Division and assigned to Mike Haag or myself. I have not been
scheduled to date by this Division to inspect the property.
cc: Mike Haag, Buld. Permit Admin.
~---Original Message---
From: Pawelczyk, Mike
Sent: Tuesday, ApM114. 19984:12 PM
To: Hallahan, Kevin
Subject: Lawrence Lakes
FYI According to Adam Bessen, his client told him that he has an inspection arranged for this Friday to inspect a
water line or part of the irrigation.
1
IZtt
Kastarlak, Bulent
From:
Sent:
To:
Cc:
Hallahan, Kevin
Friday, January 30,199810:51 AM
Berman, Susan
Pawelczyk, Mike; Pawelczyk, Mike; Kastarlak, Bulent; Kastarlak, Bulent; Blasie,Scott;
Blasie,Scott; Wildner, John; Glinski, Bonnie; Pawelczyk, Mike
RE: Meeting with Lawrence Lakes
Subject:
The 10:00 a.m. meeting was at the same time of City staff meeting with the City Manager. Mike and Bulent had to attend
the staff meeting. Greg Berman, the developer, and his attorney were present and five of the homeowners from Lawrence
Lake Estates.Scott Blasie was in attendance and we did discuss each section of the April 28, 1996 letter in question. I also
reviewed my memorandum #98-16 with the group which makes three recommendations to the City Attorney's and Director
of Development offices. The direction I gave the group was that the City would persue the three recommendations and
that the attorney for the developer should contact Mike Pawelczk to discuss the legal ramifications of his client
not complying with the incomplete items in the April 28,1996 letter.
The photographs and list of incomplete items brought to your attention were included in the meeting as anyone of the
"infinite" number of items which should be addressed by the developer. The items would have to be seperated into issues
that are on the Lawrence Lake Estates permit #94-4154 or individual homeowner items as part of seperate contracts
between the homeowner and the developer. Those non- landscapelirrigation items
in the photographs were directed to be brought by the Homeowner Association president to the attention of Bulent
Kastarlak for rectification in concert with the meeting. The meeting was concluded with the understanding that; 1.) the City
would initiate consideration of my three recommendations, 2.) the developer would initiate completing all outstanding items
in the April 28, 1996 agreement (letter), 3.) the attorney for the developer would contact our Assistant City Atorney to
discuss the outstanding agreement items and Code Enforcement procedures 4.) the homeowners would bring the list of
all outstanding non landscape/irrigation items to the Director of Development for his review of the site plan and 5.) Code
Enforcement would initiate actions for non compliance (no successful inspections) with permit #94-4154 when the permit
expires on February 19,1998, if directed by the Building Department.
The developer went to the Building Department after the meeting to request a new landscape and irrigation inspection of
the lake area. This is one of the outstanding items in the letter of April 28,1996. I discussed the meeting with Mike Haag,
Building Permit Administrator, in the presence of the developer and his attorney. Mike Haag was determining the status of
the lake irrigation permits required to irrigate the lake plantings. It appears the developer wants to complete the remainder
of the outstanding items listed in the letter of April 28,1996.
----Original Message-----
From: Berman, Susan
Sent: Thursday, January 29, 1998 3:24 PM
To: Hallahan, Kevin
Cc: Wildner, John
Subject: Meeting with Lawrence Lakes
Mr. Miller stopped in our office with a letter and some pictures. He is complaining about your
meeting yesterday. He said you were the only city representative. What happened to the attorney,
the bldg. dept. & code compliance? Please send me a brief summary of the meeting & I need to get
w/you about these pictures & memo.
Susan
1
Nt
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. BD 98-164
TO: Rosemarie Lamanna, Legal Assistant
FROM: Don Johnson, Deputy Building Official r/J9
DATE: August 13, 1998
SUBJECT: LAWRENCE LAKE ESTATES -
CASH SURETY FOR LITTORAL PLANTINGS & IRRIGA nON
Per our previous conversation, I am in receipt of a letter from Adam Bessen, attorney for
Lawrence Lakes Development, to Michael Pawe1czyk, Assistant City Attorney, which states
under item #6 that the City would extend permit #94-4154 for a period of not less than 30 days
from February 20, 1998. The Building Division has extended that permit until July 28, 1998.
Obviously, that date has passed and Mr. Berman, President ofG.R.B. Development, has not
successfully passed an inspection nor has he requested an inspection for the littoral planting areas
or the entire site.
I do not agree with the proposal made by Carol Dunn Barron in her letter to you, dated August 7,
1998. I would recommend that G.R.B. be required to complete all of the additional site
landscaping prior to reassignment of the surety to Rood Landscaping for the littoral plantings and
irrigation. IfG.R.B. does not complete the additional site landscaping and receive fmal
inspections within 30 days, I recommend that we call in the surety and utilize the money to
complete the work.
DJ:bg
XC:
Bulent I. Kastarlak w/attachment (copy of Ms. Barron's letter)
Michael E. Haag w/attachment
Kevin Hallahan w/attachment
Permit file - 94-4154
\\CH\MAIN\SHRDAT A\Development\Building-6870\Documents\Memos in Word\Lawrence Lake Surety. doc
.Au9-07-98 02:29P RJB.PA.KSJ.PA.CDB.PA
561 832 1985
P.02
Ca,.o! ::b unn Ba,.,.onJ P-.A.
eal'Ol ::bunn Ba".", _At/.,,,,,! at .,taw
August 7, 1998
Via Facsimill' 561 375-6054
Rosemarie Lamanna
City Attorney's Office
City of 60ynton Beach
100 E. 3oynton Beach Boulevard
Boynton Beach, FL 33435
Re: Lawrence Lake Estates
G.R.B. Development and Construction, Inc.
Cash Surety of August 2, 1996 for Littoral
Plantings and Irrigation
Dear Ms. Lamanna:
This firm represents Rood Landscaping Company, Inc.. a landscaper on the above
project.
Rood is attemp:ing to work with Adam Bessen, counsel for G.R.B. Development and
Construction, Inc. and G.R.B. Development, Inc., and the Lawrence Lake Estates
Homeowners' Association to complete the littoral plantings and to evaluate and
implement an effective operation of the irrigation system at Lawrence Lakes.
Rood and G.R.B. have tentatively agreed that G.R.B, would assign the cash surety to
Rood upon completion of these specific jobs,
I am writing the City Attorney to determine if there are any objections or obstacles
to this assignment and what Rood and/or Mr. Bessen must do to allow payment to be
made to Rood upon the City's certification that the littoral plantlngs and irrigation in
the littoral area is in substantial compliance with those plans.
Rood needs the City's assurance that, if the conditions precedent are met, then the
release may be made to Rood based on the assignment.
Sincerely.
.
rli,-"",/(.i/.2..,.. /j.
Carol Dunn Barron
-.-
Enclosure: proposed assignment
Copy to: Aoam Bessen, Esquire
622 S...d.. 01._ .4...... W.J p.t.. /3..cL, .7..1: 334(}/
fs!7// 1135.0343 .7., (!-6/) 1I:1~./(I/(\
Au9-07-98 02:29P RJB,PA.KSJ.PA,COB,PA
561 832 1985
P.03
ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
That we, G.R.B. DEVELOPMENT AND CONSTRUCTION, INC. AND G.R.B. DEVELOPMENT. INC..
P. O. Box 2342, Jupiter, Florida 33468, First Parties, and ROOD LANDSCAPE COMPANY, INC., P. O.
Box 3766, Tequesta, Florida 33468 a Florida not-for-profit corporation, Second Party. for good and valuable
consideration:
(Wherever used herein the terms "First Parties and "Second Party" shall include both the singular and
the plural, heirs, legal representatives and assigns of individuals and successors and assigns of corporations or
other legal entities wherever the context so required).
G.R.B. DEVELOPMENT AND CONSTRUCTION, INC. ANDG.R.B. DEVELOPMENT, INC., First
Parties, DO HEREBY assign to ROOD LANDSCAPE COMPANY, INC. any and all right, title, and interest
that they may have in the cash surety of $24,622.00 and all accruals thereon, if applicable. given August 2,
1996, to the CllY of Boynton Beach, FL, for surety for the purposes so stated in the February 16, 1996, letter
of Michael J. Pavelczk, Esquire, Assistant City Anorney for Boynton Beach, FL, to Adam Bessen counsel for
assignees, and as confirmed in Bessen's letter of February 18, 1996, to Mr, Pavelczk. This assignment er.tilles
the Second Party to ownership of the proceeds to the same extent as the First Parties, independent and separate
to whatever additional rights the Second Party may have absent this assignment.
IN WITNESS WHEREOF, have hereunto set hand and seal, at Boca Raton, Palm Beach COilnty,
Florida, this day of August, 1998.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
(Seal )
President, G.R.B. Development and Construction, Inc.
(Seal)
President. G.R.B. Development, Inc.
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH )
SWORN to before me this _ day of October, 1995, by a.R.B. DEVELOPMENT AND
CONSTRUCTION, INC. AND G.R.B. DEVELOPMENT, INC., who are personally known 10 me _ or has
produced as identification and who did/did not take an oath.
NOTARY PUBLIC
Sign:
Print:
My Commission Expires:
From:
Sent:
To:
Cc:
Subject:
Hallahan, Kevin
Thursday, February 12,19983:29 PM
Pawelczyk, Mike
Glinski, Bonnie; Wildner, John
Lawrence Lakes Estates- Landscape/lrigation permit lapses on February 19,1998
\?JL~~
"f(l~
O/G fdAC
~. Vi/VI
Glinski, Bonnie
The Landscape I Irrigation permit for the above project is due to expire on February 19,1998. In anticipation of the
developer requesting an extension of the permit, should we have him provide a new agreement letter to complete any
remaining items? This would be based on the telephone conversation you had last Thursday with the attorney for the
developer.
1
'h\~
DEPARTMENT OF DEVELOPMENT
Division of Building
Bulem I. KiuItJrIDk, NCARB
Director of Dnelopment
BuildInll
Plannillll 01 Zonlnll
EnglMerlnll
Occuptlllorud u.:......
Commurrlty Redewlopmenl
May 28, 1998
Greg Berman, President
G.R.B. Development & Construction
P.O. Box 2342
Jupiter, FL 33468
RE: LAWRENCE LAKE LANDSCAPE & IRRIGATION PERMIT EXTENSION
Dear Mr. Berman:
I am in receipt of your request for a 60-day extension for permit 94-4154. I am going to approve
your request for a 60-day extension; however, this will be the last extension given and I hope you
will move forward to secure required inspections in the next 60 days. I feel that four years is
more than a sufficient amount of time to have completed this permit. Furthermore, if a final
inspection is not achieved in this period, I will have no other recourse than to call in the surety
and utilize the money to complete the work.
Please secure your final inspection before July 28, 1998 when your extension will expire.
Sincerely, /
/1r/
Don Johnson
Deputy Building Official
DJ:bg
XC:
Bulent I. Kastarlak, Director of Development .15/1:::
Michael Pawelczyk, Assistant City Attorney
Michael E. Haag, Building Code Permit Administrator
Engineering Division
Permit file
cL:
\\CH\MAIN\SHRDAT A\Development\Building-6870\Documents\Letters\Lawrence Lake Permit Extension.doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 3342S.o310 Phone: (561) 375-6370 Fax: (561) 375-6357
.,
DEPARTMENT OF DEVELOPMENT
r:;'l€ . &;.W(lj} ce
Lo..\:.e
Eo. f-a.h,s
Memorandum
DD 99-031
FROM:
Peter J. Bober, Assistant City Attorney
Nancy Byrne, Acting Director of Development J(r
May 28, 1999
LAWRENCE LAKE ESTATESIFORFEITURE BY GRB CONSTRUCITION OF SURETY
Wilfred Hawkins, Interim City Manager
Michael Rumpf, Planning & Zoning Director
Mike Haag, Building Permit Administrator
Kevin Hallahan, Urban Forester
TO:
DATE:
RE:
CC:
In response to your inquiry dated May 17, 1999 regarding the City's position on the forfeiture of surety, the
City would like to retain the $24,622. It is our mandate, as you have noted in your memo, "to insure
satisfactory completion ofthe obligations."
In order to facilitate completion, the City Forester will prepare or solicit from an independent contractor, an
estimate to determine the cost for the balance of work to be completed. Once we have that information, we will
request that Planning & Zoning Director Michael Rumpf, re-examine the site plans and provide the City with
the minimum Code requirements for compliance. If there is still a discrepancy between the cost to complete
and the amount of the surety, the City will approach the Lawrence Lake Estates Homeowners Association to
negotiate an agreement to bring the site to compliance.
HAY-17-SS 13,2B FROM,
10,
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4r 4
{
MEMORANDUM
MAY I 8 i9S9
FROM:
RE:
Nancy Byrne, Acting Director of Depara;nent of Development
Kevin Hallahan. Forester/Environmentalist
Peter 1. Bober, AssistanLCity Attorney ~
Lawrence Lake Estates / Forfeiture by GRB CooslIUction, Inc.
$24.622.00 Cash Surety
_, .~-::-.-'.-'r- -.~
TO:
("GRB") of
DATE:
May 17, 1999
On January 13. 1999, the City contacted ORB in order to notify them that its $24,622.00 cash
surety had been forfeited for their failing to complete landscaping work according to City
specifications. Rood Landscaping Company, Inc. ("Rood"), one of GR,B's subcontraCtors.
claims an inrerest in the bond money and asserts thatGRB has not paid Rood for I~""'caping
work that Rood performed in Lawrence Lakes EstateS. The Lawrence Lakes Homeowner's
Association, however, claims that the $24,622.00 sbouldbe given to it so that the Association
can use the funds to complete the unfinished aspects of the landscaping projecr.
Chapter Seven. Article I. Secrion 2(c) of the City's Land Use Regulations, States as follows:
In the event of default by the developer, or failure of the developer to complete
the obligations within the prescribed time limits, the city ..after thirty (30) days
written notice to the developer, shall cash the surety to insure satisfactory
eomoletion of the obli2ations. (Emphasis added)
Our office is presently attempting to interpret the above underlined portion of Section 2(c) in
order to determine how the City should go about "completing the obligations" of GRB.
Our office seeks guidance in interpreting the aforementioned Land Use Regulation section so that
the City may adrniniSUate the surety and proceed in an appropriate manner. More specifically,
our office would like to know how you or your staff think the City should apply the $24,622.00
"to insure satisfactory completion of the obligations. of GRB. We will await your written
response prior to moving forward with any contemplated litigation.
Should you have any questions regarding this or any other matter, please do not hesitate to call
on me.
PJB:rns
SOJIgz.,SB\mCd'O\Srb
MAV-l?-99 13,2S FROM:
10,
rMU~
~, ~
MEMORANDUM
MAY I 8 i889
RE:
Nancy Byrne, Acting Director of Deparop.ent of Development
Kevin Hallahan. ForeSter/Environmentalist
Peter J. Bober. Assistant City Attorney ~
Lawrence Lake Eswes / Forfeiture by GRB Construction. Inc. ("GRB") of
$24.622.00 Cash Surety
TO:
FROM:
DATE:
May 17, 1999
On January 13. 1999. the City contacted GRB in order to notify them that its $24,622.00 cash
surety had been forfeited for their failing to complete landscaping work according to City
specifications. Rood Landscaping Company. Inc. ("Rood"), one of GRB's subcontractors.
claims an interest in the bond money and asserts that .GRB has not paid Rood for l~ntI"'<lping
work that Rood performed in Lawrence Lakes EstateS. The Lawrence Lakes Homeowner's
Association. however. claims that the $24,622.00 sbouldbe given to it so that the Association
can use the funds to complete the unfinished aspects of the landscaping project.
Chapter Seven. Article I. Section 2(c) of the City's Land Use Regulations, states as follows:
In the event of default by the developer, or failure of the developer to complete
the obligations within the prescribed time limits. the city ,. after thirty (30) days
written notice to the developer, shall cash the surety to insure satisfactory
comoletion of the oblil!ations. (Emphasis added)
Our office is presently attempting to interpret the above underlined portion of Section 2(c) in
order to determine how the City should go about "completing the obligations" of GRB.
Our office seeks guidance in interpreting the aforementioned Land Use Regulation section so that
the City may administrate the surety and proceed in an appropriate manner. More specifically,
our office wouJd like to know how you or your staff think the City shouJd apply the $24,622.00
"to insure satisfactory completion of the obligations" of GRB. We will await your written
response prior to moving forward with any contemplated litigation.
ShouJd you have any questions regarding this or any other matrer, please do not hesitate to call
on me.
PJB:ms
9OO1K2.BII'\meIII01.8rb
*******************************************
* TRANSMIT MESSAGE CONFIRMATION REPORT *
*******************************************
NAME:BOYNTON BEACH DEV B~DG
TEL: 5613756357
DATE:06/01/99 07:52
TRANSMlT: DURATlON PAGE SESS RESULT
TYPE: MEMORY TX I MODE I E-144 01' 12 02 864 OK
.. .0'1 N i-O,
~fti~
FACSIMILE
CITY OF BOYNTON BEACH
Department of Development
Building Division
CIty Hall, West Wlni
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6350
(561) 742.6357 Fax
?" 1- i' r (<;., b e of'
1\1(',l.I'1/'. j-B!/ r-n-<::
::\.,,,,p ( l'l~<j
I
FAX- (C};-;LJ) <"[<7 I . J./9,:;}. ~
TO/
FROHt
NUMBER OF PA GES/ (Indudln. cover)
OA TEl
d
ItE: _GllllfRn...'" L<"Jk..~ E'S.+o.+-es
If you receive thIs fax In error, or experience trouble with transmission, please notify our office
ImmedIately, at (561) 742-6350. Thank you.
Kastarlak, Bulent
t3/1(
From:
Sent:
To:
Cc:
Subject:
Hallahan, Kevin
Monday, February 02, 1998 8:01 AM
Berman, Susan
Pawelczyk, Mike; Blasie,Scott; Wildner, John; Kastarlak, Bulent
RE: Meeting with Lawrence Lakes
Yes. I will review them with our City staff as outiined in the update memo to your office.
--~--Original Message---
From: Berman, Susan
Sent: Friday, January 30, 19984:25 PM
To: Hallahan, Kevin
Subject: RE: Meeting with Lawrence Lakes
Thank you for the update, shall I give you the pictures and letter from Mr. Miller?
Susan
-----Original Message-----
From: Hallahan, Kevin
Sent: Friday, January 30, 1998 10:51 AM
To: Berman, Susan
Cc: Pawelczyk, Mike; Pawelczyk, Mike; Kastarlak, Bulent; Kastarlak, Bulent;
Blasie,Scott; Blasie,Scott; Wildner, John; Glinski, Bonnie; Pawelczyk, Mike
Subject: RE: Meeting with Lawrence Lakes
The 10:00 a.m. meeting was at the same time of City staff meeting with the City Manager. Mike and Bulent
had to attend the staff meeting. Greg Berman, the developer, and his attorney were present and five of the
homeowners from Lawrence Lake Estates.Scott Blasie was in attendance and we did discuss each section of
the April 28,1996 letter in question. I also reviewed my memorandum #98-16 with the group which makes
three recommendations to the City Attorney's and Director of Development offices. The direction I gave the
group was that the City would persue the three recommendations and that the attorney for the developer
should contact Mike Pawelczk to discuss the legal ramifications of his client not complying with the
incomplete items in the April 28,1996 letter.
The photographs and list of incomplete items brought to your attention were included in the meeting as any
one of the "infinite" number of items which should be addressed by the developer. The items would have to be
seperated into issues that are on the Lawrence Lake Estates permit #94-4154 or individual homeowner items
as part of seperate contracts between the homeowner and the developer. Those non- landscape/irrigation
items
in the photographs were directed to be brought by the Homeowner Association president to the attention of
Bulent Kastarlak for rectification in concert with the meeting. The meeting was concluded with the
understanding that; 1.) the City would initiate consideration of my three recommendations, 2.) the developer
would initiate completing all outstanding items in the April 28, 1996 agreement (letter), 3.) the attorney for the
developer would contact our Assistant City Atorney to discuss the outstanding agreement items and Code
Enforcement procedures 4.) the homeowners would bring the list of all outstanding non landscape/irrigation
items to the Director of Development for his review of the site plan and 5.) Code Enforcement would initiate
actions for non compliance (no successful inspections) with permit #94-4154 when the permit expires on
February 19,1998, if directed by the Building Department.
The developer went to the Building Department after the meeting to request a new landscape and irrigation
inspection of the lake area. This is one of the outstanding items in the letter of April 28,1996. I discussed the
meeting with Mike Haag, Building Permit Administrator, in the presence of the developer and his attorney.
Mike Haag was determining the status of the lake irrigation permits required to irrigate the lake plantings. It
appears the developer wants to complete the remainder of the outstanding items listed in the letter of April
28,1996.
-----Original Message----
1
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DEPARTMENT OF DEVELOPMENT
ENGINEERING DIVISION MEMORANDUM NO. 96-261
TO:
Diane Reese
Finance Director
FROM:
William Hukill, P.E.
City Engineer
~
DATE:
August 2, 1996
RE:
LA~NCELAKESESTATES-CASHSURETY
Attached please find cash surety in the form of Nations Bank check #3410236 from ORB.
Development & Construction Company in the amount of $24,622 as assurance that landscaping
at the above referenced project will be satisfactorily completed. Please deposit in the appropriate
account.
/ck
attachment:
Check #3410236
C,LA WLKCSH
N~~~sBa..~~ "', . ~:~al No. 3410
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';~k1"1~N!wt~l>Iiahd.P~..;l~~'t"tr.J :E;EACH _, _ .0':
8GYNT8~~' :SE8*:H
PayYoTh.
Or'CI., Of .......::!TY Clt=' =-:]\1'<(':':1'4 ~EA'-i-:*"~*.;(;"+*cL-""--'L""'J ~ 'J"'" "I ., $
" ~~~~~~~~-~-~~.~~~~~~~~~~~
.'imiceto *+'+**;;'**"*-:t*"'"+;t'***~"**"...**~*...,lf..:+-*- ". _. . .._,._ --... >1111t:('I:.'(( 1t:'f*"*24-,b22.(;(,**
Pure",'er _ . '. - . - ****,**~.:f.**'***'*******-:t*t****.;fo**'" .-.
u.. "**,*"*~""**.,.*.:.r.*+"-,.f*-,,,-- . . -, :'''' . - . , '. ""'*-**
The purcha.se.;f . . . -~, -~, - ""''***+:+**:+*'*.*...;t.~******''***' ',- . . . . -" . . . . . '
a suretv bond *::iI--++***,**"*,*****..****,*-,-,--",,-, . . . . ..' " ,"f+~*.:of.**********,**~-!6***;:+**""***'~H"*~"
'. . . -. """"************-:+****,******-'L-",-" - . ... - . .
:nay be required T;;.JENT'-/ F{"l!~ "":i,' 'c.....;\'t'- '-"",'~'_ ". _ .,. ""'" -,,---....****~*****:-t*****+***..***..*+*-+
before an ufficiaf . , _ .., ,~.~~. .' ,\ ".( ',.--'.....J<->'.., ~.( l"":! :ftJJ)F;';::".... TU=I\ITV ~l.lr. '^.i"a: ,-:~.~ ,'1 '"':":
..:heck will be ********""""******'+************' _ _ . . "... . ",_, , , _ , '" " .
~<.:pli1c~d llr \ljT!" '.,"',; '~:"" ",_ ,....; 'C ". ******.....:.Hf.********"**************'********-:f**"******
refunded in 1m: '-- r ~:"""':\-.:.... l.;- '~.',,',-F -$24 1622.00
~venr ir is lost.
JesrroyeJ. fJr
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GO DEWLOPMI:.NT AND CONSTRUCnON,INc.
>>LAWUNC& I.M(S DRIVE
BOYNTON .ItACB, FL U4311
PHON!! (407) 734.1816
FAX (407) 134-9848
August 1, 1996
Dear Bill,
I have just spoken with Kevin and Jersey and they infonned me the landscape plan has
been approved quantitatively. This means all that remains 10 be done is tlte qualitative
analysis. Kevin and I have outlined the following plan as follows'
a. The certified check will cover the littoral zone.
b. The certified check will cover the perimeter buffer and entrance plantinllS.
c. All trees including the additional nine (9) requested by Jersey are included in
Gazebo's proposal.
d Any possible qualitative extras are figured into the check calculation u
outlined below.
e. We agree if Kevin's' qualitative review reveals any shortcomings we will
supplement the chedc for 8IlY amounts not covered in my contingency figure
f. Predicated on the City accepting this proposal we would lilce to request the
release ofCertificatea ofOc<:upancy for lots 13,14,23, &. 33 In addition we
request that the bond money from the previous developer (Sonya Manin) be
released
Financial Calculation:
Gazebo's Proposal
Contingency for Qualitative inspection
$18,019
$ 2.500
$20,519
110 percent of Proposed Cost
Additional Contingency (. W. oU20,S 19)
$22,570
$ 2052
Check to Boynton Beach $24,622
As far as the landscaping is conc:emed this arrangement is acceptable to Kevtn Hallahan I
am also faxing him a copy orthis It is my desire to bring this check to you tomorrow if
this plan is acceptable, Please pho!le me at 736-0 I 08 to discuss finalizing this matter
Sincerely,
Dave Stein
1:~ 3~\ld
e~~
erS5-rU-Ler
51:S1 %.;TilO.':3~
IJawrnnoo lake Estates
An h:clus:lvl Weterfront Communit)'
July 31. 1996
City of Boynton Beach
Mr. William V. Hukill, Director of the Department of Development
Dear Bill,
I am writing you this letter for several purposes. As yOIl are aware, we at
Lawrence Lake Estates have run into some difficulty in acquiring Certificates of
Occupancy (CO) due to a problem with our landscape plan. In recent weeks, I
have had to work very closely with Jersey and Kevin in trying to reach an
agreement on how to appease our homeowners as well as satisfying the
requirements oCthe City concerning tree counts and native species. Firstly. [ want
to commend your staff: Mike Hague, Jersey Lewicki, Kevin Hallahan, Lynn Hays
and everyone else who has been involved in trying resolve dus difficult situation
They have all been extremely helpful for which we are grateful.
Last week Oreg Berman and myself met with you briefly to discuss what could be
done to enable us to CO homes again. It was my understanding that if we reached
an agreement on what landscaping improvements need to be made and we agreed
on a dollar figure, we would be able to give the City a letter of credit and then we
could proceed with finishing the community. Yesterday I submitted a final
drawing for the entrance and binn areas in response to Jersey's comments. His lasl
comments stated we needed to add nine (9) additional native trees to the plan and
that would bring us in compliance with City Codes and meet or exceed initial
submissions.
I also spoke with Kevin yesterday, concerning the Ialc.e planting. He feels the plan
is acceptable, but has not yet run the quantitative analysis. As per my
conversation with you and Kevin, I am enclosing a copy of Gazebo's proposal to
33 Lawrence Lake Drive. Boynton Beech. Florida 33436 407.734.1316 Fax 407.734.9848
<:9 3~Wd
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8~8b-~€L-L9~
LI:gI 96&I/IE!LO
Lawrence lJIke Estates
An h:cluliv!I Wlttlrfrant Cammunity
finish all planting within the community. Instead of issuing a letter of credit for
one-hundred and ten percent (110"10) of the cost, we are ",illing to Issue one for
one-hundred and twenty percent (120%) This additional ten percent (10%) IS tu
cover any contingencies which may arise from the qualitative examination of the
landscaping in our community.
1 am proposing that Lawrence Lake Development, Inc. issue the City a letter of
credit for $21,625.00. In return I would like to be guaranteed that so long as we
are making progress with the landscaping. no more of my CO's will be withheld.
In addition 1 would like the City to release all moneys held from the previous
developer concerning the landscaping.
1 am scheduled to come to your office at 2:30 this afternoon. If you have read this
and would like to discuss the details of this arrangement over the telephone that
would be fine with me. If you desire my presence. I would be glad to meet with
you at our previously scheduled time.
.s~~)e~ ~
Dave Stein
~
33 Lawrence L.ke Drive. Boynton Beach. Florida 33.36 4077341816 Fax 4077349848
___~~_ 3~l;Id____________
S~!:I
8t8f;-t€L-Let
Ll:eT 'lS&l/lf'..'.~e
BUILDER:
JOB NAME:
LOCATION:
CONTACT:
GRB
LAWRENCE LAKE-LITTORAL
BOYNTON BEACH
PETER HEYMANN/VINCE IANUALE
KEY QTY PI..ANT MATERIAL SIZE
MS 27 MAHOGANY 8' X 4' , 15 GAL
GB 15 GREEN BUTTONWOOD 8' X 4 '
SB 11 SILVER BUTTONWOOD 6' X 3', 10 GAL
SE> 26 SASAL PALM 22-24' GW
LF 120 LEATHER FERN 3 GAL, FULL
CC 122 COCO PLUM 3 GAL, FULL
MM 63 WAX MYRTLE 3 GAL 4'X3' FULL
38 RELOCATE QUEEN PALMS TRANSPLANT
PC 2110 PICKEREL WEED BARE ROOT
1 SOD REMOVAL AND SED PREP
40 CYPRESS MULCH CUBIC YD.
PLA Y AREA
1.0
!5 LIVE oAK
12'KS'
REVISED:
DATE:
FILE:
'JNIT
PRICE
100.00
100.00
50.00
105.00
12.00
6.50
6.50
75.00
1.15
1,000.00
28.00
TOTAL:
150.00
____..._.\'P""\'f ~,
~13 3!)\1d
. ("'II JAIITV
Elil!) 8r86-rf:L -LI3~
7-29-96
7-13-95
LAW LAKE
TOTAL
PRICE
2,700.0
1,500.0
550.0
2,130.0
1,440.0
193.0
409.5
2,850.0
2,426.5
1,000.0
1,120.0
17,519.0
=:EI:a-;;;:=~==
750.0
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. SERVICE
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ENGINEERING
'AX cow. smlT
GRB DI:VJ:LOPMIENT AND CONSTRUCTION. INC.
J3 LAWRaNCE LAKE DlUVE
BOYNTON BEACH, rL 334J6
PHONE (407) 734.1R16
FAX (407) 734.\1848
TO:
WILUAM HUKILL
FROM:
DAVE STEIN
DATE:
JULY 31,1996
SUBJECT: LANDSCAPING AND LETTER OF CREDIT FOR
LAWRENCE LAKE ESTATES
Number of pages including this one: 4
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"AX COVER SBElT
GO DEVELOPMENT AND CONSTRUcnON.INC.
n LAWUNC& LAKE DIUVE
BOYNTONBUCH,J'L ~:M
PHONE (407) 734-1816
I' AX (407) 734-9848
ill ~ @ ~ U w ~l ~
UUI SEP - 9~~6 \L:
~NGINEERING
l#-~
:~ (LrtJlf/
TO:
KEVIN HALLAHAN
FROM:
DA VB STEIN
DATE:
9/6/96
SUBJECT: IRRIGATION OF LAKE BANK COMMON AREA
Number of pages includins this one:: 4
Dcar Kevin,
We have just about completed the clearing you requested. I am anticipating it will
be concluded in the middle ofnext week. I will call you to schedule another
quality check so we may determine the amount of additional planting required. In
addition, the property owner's on the eastern boundary are sligbdy perturbed as to
their new found view of the mobile park and the potential of children playing on
the newly cleared area. I would like to transplant some of the Queen Palms to that
area as well as moving some to the: southern birm as we bad previously discussed.
I am faxing you copies of the recorded Homeowner Association Articles which
address the maintenance oCthe lake easement and letters from irrigation people
who have reviewed the existing irrigation and have dctenuin~d its' adequacy to
support the approved plantings.
Sincerely, r2/:-
-;)~ ~
Dave Stein
p.8. Please give me a call to discuss what the next step is in eliminating the ..
irrigation ~ for the lab bank.
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FRCIl1 : p""""",, II: -
Irripdon, IDe:.
1992 lS211d I'IIce SoulII
"ODa MlIc R"
DoIray .... FlCrtGI3JoWi
(040"1) 490-0'710
Fa (40'7) .96 '>>2S
TO; 0.11.8. Inc. / Cl.ty of 1b14toz I!leoc:h.
!lie; LIl\oll:ClOCI IMu, uttoral PlanUn9.
....tot:n; 1U.chard / lllove
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8/21/96
DlNlr Sirs,
we hAw 1nlIwll1C1 tbe 1n"i'iAt.1CXl &y8t41a& at llDIIt of the un1 ts that
"w:r0lJIld tha 1alca at IA_ LMu SIlP-01visicn. In Mllh cue. the haTes I CIon
aprlnlder hBadzi lI9N 1&111 wt 1n wdl . ".y ... to ~te11" = t;.hoo lAl<_
-bank at tl1e tear of each lot. If tech systeln hu 0Ien prQperly mWitaintd,
they shcu.lc1 &tfooc:tiV>J1y irrlflatoo the p.~ l.a~a.l pl.arItil\9, with perMpe
a few minor w;tjllStlnents 1n head l.ocaticn. Of CCl\lI'H, watering tir.-. will need
to be ~arily ~ durJ.nj;J the ~od that tha new l.andacapi."9 will
need to get it.ae1f establi.n.d. My queatia'l&, 1'1_ oall or fllX the tutiJern
1lbctYe.
~'~~......~
I'llIZk A. JIMtOn
PAs. - Irr19.
NQf;". Unit iai..,..Uon ~ 1lC'b,.Jl.y i.rwta1~ by c.:r,%l>O. UQ lata 4 t:l'u:u J2
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06/30..-96 09: 3e
10 .5LtFl.(1,.IER
I'All :4074ll61746
PAGE
2
15200 Slate R<>*I 7
Ol:lrav BelCh. I'L :1:1446
"'A
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IRRIGATION 19; DESIGN
Ph.: 1407}~!l8.1611
Fll: :407) .!J5-174~
R.icho,,"d
GRB Cung~ructiQn Bnd De~elopmant
33 ~.wr.ne~ Lak. Drive
Boynton BOBeh, plorid& 33436
Pax: "734-!l848
ReI Eoynton Leke Bank
Richard,
After on inspection of tne lake bank, it o~peors that the ho~.e.
are .dequ.~ely watering the lake bonk poet the current woter line.
I~ eaob homeowner maintain. their irrigation Bystem, r do not think
any additional irrigation would be required.
'l'honk you,
~ (^""'..~
Chrill French
MAC Irrigation
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~""'tinn 6.~ ~. '~7T""llhIlitx. Each Owner sha11 maintain his or lid' Lots and ,
.tnlctures, driY~)'I. ~~olJ1er Im~nts thereon. Th~ Board of 1J;"~lors ha.i~,; ;.
the rI.&t to Rqwre, lhe OW-JQ ~ their Lots in accordance WIth the c.............l1ly-Wlde." ,
Stalldanfs; IIKIlt i. tho ~ ,o! the Ownez: to main~ landlCapi1l8 ;,.. a 1''''It and;."'; ;
trimdlCd lIIllIlIler, and to ~,lI1ll1l1eclionable debnt or material that may be lut:au:d on their , ~
Lot. In the event a l.Qt is~ to.~ unocoupied (or a C:Oll.1CClltive period of tWv (2) month*.- .,' ~
or langer, ~e ~ ml~~!\. tcIpOnilble~. ~ inClIVidu~ to unden;.kc !tis ~r h~..t
general D1lWltenaJq, ~WUtlcij.,!wIllcb responSibilities shall lIlclude, at a mimmWll. ,t'
mainlalnin, extedot~~;,lIfeiuarding the property to prepare for hUrriC:UlC or tropical; '~.~'
storm watches and ~by, amolll other thina.. removing any unfIXed items on patillS~ J
balconies and Ianaill and aqrJaa --, indoors and repairing the propeny in tile cv.:nt of an)'." , I
clamaae theret1'OlJ\. The ~.) IIICIlddress of such f1CDl or InCllvldual must be flillli.b~ to th . " ,'Ii
Association. In addition, ()wncra of Lots Which arc adjacent to Ule lake wiUlill Ill" Property
man maintain and Uttiarcdl,eeuement area between the Lot boundary and the L.kc waler's :
edge. Owners of Lots which am IltilCCllltto any portion of the Common Area Oil which walls:~..
or fences have been constr119te4 IbaU maintain and irrigate that portion of the = which lies ", '.'
between the wall or fence ~ ,the Lot boWldary. Owne" of Lots fronting 011 :lIly road waf 'q;.
within the Property Iha11 ~~ d"'vewaYI serving their respective Lots and shali 111;.iUtaln and " .
irrigate lancbcapilla on tha~~on ~tthe Common Area. if any, or ri~ht'of'wa)' L.!w,,~n the ,. ~:.
"'-:::'::::::::..4..' r1'~lt
with the Community-Wid. Standard. If any Owner I
maintenance retponsib~ty, .;~ ~'JOClllion shall have
maintain such property and, UIeIS all c:osts incurred
surcharge tor admtpJstrati~OJ'head) liainst the Lo
Assessment. Provided, ho~,ezeept when entry is I
the Association shall a{fordtbe. Owner a minimum of iSC
to cure the problem prior to _ etlU1.ln order to provJdf
Ir&ntunto the Board of DI%acirors, Its eaents, employees
of DIrectors, the right to en.,upon tile Lot of any Men
maintenance work. all withqutUablliry or respon$ibllil)
other action. '
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Sect10n 6.4 Surf'.tll~.W.ter nnfn..e and Man . ~ .
'~ ~.' ~ .-.~: -.t,~
6.4.1 All oWDm 'IClcnOw1ed,e that the Property is located within Iii" lIvundarics.t {"
of the Lake 'Yor:m Water~~etlt District ("LWWMD") and South J'lvri"~ Water~'">,
Manaal!ment Distzict(.~.).. ",,' . '~l f:.i.
' '.' , " , .t;,
' 6.4.2 PuIlluanuo &Surface Water Management Plan approve<! by L WW MIl and ~: i: '
S~ the Surface Wa~,"~cntSyslem shall be OWn~ and mainlo.ill"'" by theE; lei
ASSOCiallon."!:,c.,,,,:,: .. '4i t.,
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