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APPLICATION .:....-- I .;... '. , . ~ ...- - '-~ BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFORMATION FORM' NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Dept. PROJECT NAME: AGENT'S NAME: ADDRESS: PHONE: OWNER I S NAME: (or trustee's) ADDRESS: PHONE NW Corner Boynton Beach Mall Annexation Cormac C. Conahan, Esq. 2000 Glades Road, Suite 400 Boca Raton, Florida 33431 (305) 394-0500 or 736-2177 Boynton-JCP Associates, Ltd. and Lake Worth Draina e District c 0 Cormac C. Conahan, Esq. 2000 Glades Road, Suite 400 Boca Raton, Florida 33431 (305) 394-0500 or 736-2177 PROJECT LOCATION: NW Corner Boynton Beach Mall (not legal description) CORRESPONDENCE ADDRESS:* (if different than agent or owner) l:- * This is the address to which all agendas, letters and other materials will be forwarded. ;. :~ DATE APPLICATION FILED: i. i) DATE OF TENTATIVE APPROVAL: REJECTION: Ii I: D.l\TE OF COl\lPLETION OF ANNEXATION REPORT: I. I' i; DATE OF ORDINANCE PROPOSAL: ORDINANCE H Ii :~ DA TE OF ORDINANCE ADOPTION: REJECTION: " i! I, I; DA TE OF REFERENDUM IF REQUIRED: I. II I RESULTS OF REFERENDUM: FOR AGAINST I I j DATE ANNEXATION BECOMES EFFECTIVE: I 'I j I i DO NOT "'TRITE ABOVE THIS LINE !l , I , , j , " Boynton-JCP Associates, Lt~. and Name of Devetoper/Owner: Lake Worth Drainaqe District II Area of Subject Property: II Estimated Present Population: Ii Existing Zoning: County II Proposed Zoning: Coun ty ,I Ii ;1 EXISTING UTILITIES I I j , I .. . , . il '. ; I II I; 'I Ii Ii L I ~ " Ii II ,I ,t H ; ~ I I, 11 I; l! " ,. : ~ .i i! I: 1\ " '. ., .' t' f- CITY OF BOYNTO:N BEACH. FLOHIDA APPLICA TION FOR ANNEXi\ TION j, FOR DEPARTMENTAL USE ONLY GENERAL DATA -0- Sq. Ft. or 6.9 + Acres Canal right-of-way Density A Howed: -0- d. u. 's/acre Density AHowed: -0- 'd.u.ls/acre \Va ter: N/A * Wastewater Coltection: N/A * Solid Waste (garbage): N/A * *Designated open space in Development Order. A-2 3/2/83 REF. DWG. 678-P2 BOYNTON BEACH PARCEL #7 6.92 ACRES A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the center of said Section 19i thence N 00 51' 51" W along the North South 1/4 section line of said section, a distance of 35.00 feet to the principal point and place of beginning of the following description: Thence N 00 51' 51" W along the said North South 1/4 section line a distance of 1191.31 feet to a point on the South right-of-way line of Boynton Canali thence N 880 05' 26" E along said South right-of-way line a distance of 387.94 feet to a pointi thence S 00 05' 26" W a distance of 142.02 feet to a pointi thence 233.87 feet along an arc to the right having a radius of 335.00 feet and a chord of 229.15 feet bearing S 200 05' 26" Wi thence 372.10 feet along an arc to the left having a radius of 410.00 feet and a chord of 359.46 feet bearing S 140 05' 26" Wi thence S 110 54' 34" E a distance of 70.00 feet to a pointi thence 172.26 feet along an arc to the right having a radius of 235.00 feet and a chord of 168.43 feet bearing S 90 05' 26" Wi thence 182.18 feet along an arc to the left having a radius of 325.00 feet and a chord of 179.81 feet bearing S 140 01' 53.5" Wi thence S 020 01' 39" E a distance of 23.67 feet to a POinti thence 94.25 feet along an arc to the right having a radius of 60.00 feet and a chord of 84.85 feet bearing S 420 58' 21" Wi thence S 870 58' 21" W a distance of 90.60 feet to the point of beginning and containing 6.92 acres of land more or less. EXHIBIT "A" e BOYNTON BEACH DESCRIPTION OF THE CENTERLINE OF AN 85 FOOT CANAL RIGHT OF WAY A Parcel of land lying in Section 19, Township 45 South, Range 43 EaRt. Palm Beach County, Florida, said parcel being on 85 foot canal right of way, the centerline of which being more particularly described as follows; CottUnence at the center of said Section 19, N 870 58' 21ft E., (assumed) along the east west quarter 6ection line of said Section 19, a distance of 20 feet; thence S 000 51' 51" E, parallel to the north south quarter section line of said Section 19, a distance of 7.5 feet to the point of beginning of the centerline of an 85 foot canal right of way, to be herein described; thence N 870 58' 2111 E, parallel to the east west quarter section line of said Section 19, a distance of 71.48 feet, to a point of curvature of a curve concave to the northwest; thence northeasterly along' the arc of said curve having a radius of 102.50 feet and a central anqle of 900 00' 00" a distance of 161.01 feet to the point of tangency of said curve; thence N 020 01' 29" W, a distance of 23.67 feet.to the point of curvature of a curve concave ,to the east; thence northeaBterly along the arc of said curve hav1nq a radius of 282.50 feet and a central angle of 320 OS' 07" I a distance of 158.36 feet to a point of reverse.curvature of'a curve concave to the west; thence northwesterly along the arc of said curve havinq a radius of 277.50 feet and a central anqle of 420 00' 00", a distance of 203.42 feet to the point of tangency for'said curve; thence N 110 54' 34" W, a distance of 70.0 feet" to the point of curvature of a curve concave to the east; thence northeasterly along the arc of said curve having a radius of 367.50 feet and a'central angle of 520 00' 00" a distance of 333.53 feet to a point of reverse curve of a curve concave to the west; thence northerly along the arc of said curve having a radius of 377.50 feet and a central anqle of 400 00' 00", a distance of 263.54 "feet to the point of tanqency of said curve; thenc~ N 000 OS' 26" E~ a distance of 143.51 feet to the point of ending of said centerline of an 85 feet canal right of way. EXHIBIT B . , ..)L".:~~.J7- ._ .t~~-r_l...~r; ~!"'~.--":"1'\~~:--tI~'''''''''''''l .-- -""1li'7-..... ..... ..~ ."A.'iU~" ~"..~.J.:.'tJJ" ~,.V-""'~~ . ---.." I r r ! j I I j, I.; I . \ .. I I " - ., J' -- ..._~ -J - ..- LL.. LL.. I < 'Y' >- .... Z 0 U x U < m ::e -.J < LL.. 0 0 < 0 IX) C) 2: 2: z < -I n.. q w c:::. <: >- t::l 0 W c:::. ~ 0- W CI: n.. I: (1 J I ..eOYNTON WEST liD -' ~ '" .. u ~ r --t.. ':' ... '! - -t I I '1 -I.. :;c Ie .. N I A- . . \ LWOO .f:- u 'n ... u '" ... Ie ~ ~ -I , . !III I I-..-+:l. " ", ... I ,~ - ~ ~ (;J LV/DO .,..0 " 51 ~l :!l'r -- sw .\) ~ ~ ,~ ~ r:0~J BOYNTON BEA( .:..:,~-.:; CORPORATE ~ LIMITS. APRIL.. 1975 , . Seols in Mlln o \...0 Boynton-JCP Associates, Ltd. Name of Development /Owner and Lake Worth Drainaqe District Locate the subject property on this map and shade in the' area. I' !' j, I! ,. ,j !t ~ . I " t: , - A-4 " - ' r-- A-5 APPLICANT'S CERTIFICATION (1) (We) affinn and certify that (I) (We) understand and will comply with the provisions and regulations of Boynton Beach. Florida Zoning Code. (I) (We) further certify that the above statements or diagrams made on any paper or plans submitted herewith are true to the best of (my) (our) knowledge and belief. Further {I} (We) understand that this application. attachments. and fees become part of the Off; ci al Records of Boynton Beach. Flori da . and are not returnable. ..' APPLI CANT IS: .. fytJL- Signature of Applicant. Owner ... :':. Opti onee Cormac C. Conahan Type Name of Applicant 2000 Glades Road, suite 400 lessee Street Address. Boca Raton, Florida .33431 xxx Agent Ci,ty and State Contract Purchaser (305) 394-0500-or 736-2177 .Telephone Number - .- I. A-5 ,".... . --.--------- .-. -- .... ~ A-6 OWN?- RS AUTHORIZATION Under the provlslons for Voluntary Annexation~ Florida Statutes require that a petition for annexation must bear the signatures of all owners of property in an area to be annexed. The authority authorizing a person other than the owner to sign such a petition must be attached to and accompany such petition. /(t~ Signature of Applicant William G~ Winters, Manager Lake Worth Drainage District Type Name of Owner(s) Cormac C. Conahan, Esq., Agent Type Name of Applicant .., 13081 South Military Trail 2000 Glades Road, Suite 400 Street Address Street Address Delray Beach, Florida 33445 Ci ty and State Boca Raton, PL 33431 Ci ty and State (305) 498-5363 Telephone Number 394-0500 or (305 736-2177 Telephone Number ,\ A-6 r....., Boat:d of County Commissioners \ Karen T. Marcus, Chair Jerry L. Owens, Vice Chairman Ken Spillias Dorothy Wilken Kenneth M. Adams '. County Administrator J ohri C, Sansbury Department of Engineering and Public Works H. F. Kahlert County Engineer Reply to: Barbara Harrmer 684-4193 Barch 11, 1986 The Edward J. DeBartolo Corp. Post Office Box 3287 Youngstown, OH 44512-6005 Attention: A. D. t'blfcale RE: Right-of-~lay Deeds - Javert Street - Boynton Beach Hall Dear Nr. Ylolfcale: Enclosed are copies of the recorded deeds on the above mentioned. Thank you for your patience and cooperation in this matter. Very truly yours, OffiCE OF COUN'IY ENGIi~ Patricia A. Franld.in, Hanager Land Acquisition Section PAF: bh Enclosures: Deeds (2) BOX 2429 . WEST PALM BEACH, flORIDA 33402 . (305) 684-4000 ;~DW7/W~3-5/1/85 7 5/2/857 ? '-/85-4 . . ~~f .~.~ ~ an an -.of -.of m o ~ 00 CD 4' c:5b ~ (D t ffi LA.. ~ UJ I ~ \~O I ~ ~~O~~ 6 :J "- >-0" COU ~ o u. ..... lu 0 ... 1-- a a..~ UJu <f. UJ ,) t- ~Ul 13 r- rrl o -4 a.. Ln 00 r :t- ee .,.... ~tI.., ,.. ,.. ' ~ ~ . Intanllbla ,.. ,.. cla~'lOrS4.a CRD NO.: ROAD: Javert Street RIGHT-OF-WAY DEED THIS INDENTURE made this 6th day of August, 1985, between BOYNTON-JCP ASSOCIATES, LTD., a partnership organized and existing under the laws of the State of Florida having its principal office at 7620 Market Street, Youngstown, Ohio, as party of the first part, and COUNTY OF PALM BEACH IN THE "STATE OF FLORIDA, as party of the second part. WITNESSETH, that the party of the first part, for and in consideration of the sum of One Dollar and other valuable consideration paid, receipt of which is hereby acknowledged, does hereby grant, remise, release, quitclaim and convey unto the party of the second part, its successors and assigns forever the following described land, si tuate, lying and being in the County of Palm Beach, State of Florida, to-wit: A tract of land located in Section 19, Township 45 south, Range 43 East, County of Palm Beach Florida and further described as follows: Beginning at the Southeast corner of Section 19, T45S, R43E; thence N 000 59' 39" W, along the East line of said Section 19, a distance of 1262.20 feet to a point7 thence N 890 46' 3411 W, a distance of 60.01 feet to a point, said point being the intersection of the Westerly line of Congress Avenue with the Northerly line of Boynton West Road (formerly Old Boynton Road); thence N 890 46' 34" W, along said Northerly line of Boynton West Road, a distance of 2506.79 feet to the principal point and place of beginning of the following description: Thence continuing N 890 46' 34" W, along said Northerly line of Boynton West Road, a distance of 20.00 feet to a point; thence N 000 51' 5111 W, a distance of 1227.27 feet to a point on the south right-of-way line of the Fort Worth drainage District L-23 cana17 thence N 870 58' 2111 E, along said south right-of-way line, a distance of 20.00 feet to a point7 thence S 000 51' 5111 E, a distance of 1228.05 feet to a point on the northerly line of Boynton West Road, said point being the principal point and place of beginning and containing 0.57 acres of land, more or less. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise Rf:tl.lrn to -1- Umd Acc;uir-ition Gl lS. 5.1170, r. 8. I. A. ! .. . _ .. ~_ _ -t._...__.__.... co ty'l o -t c... U1 00 , ::t- CX) .. (" ) . incident or appertaining, and all the estate, right, title, interest and claim whatsoever of the party of the first part in law or in equi ty, to the only proper use, benefi t and behoof of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, the party of the first part has caused these presents to be duly executed in its name by its General Partner, the date first above written. Signed, sealed and delivered in presence of: BOYNTON-JCP ASSOCIATES, LTD., a Florida Limited partnership 7J2:'I-I- ~, · fJ.(J~ By: j;~,L 1l1, ~L~-v/ Ohio 0, STATE OF OHIO ) )SS: COUNTY OF MAHONING ) BEFORE ME personally appeared Edward J. DeBartolo and Marie Denise DeBartolo York to me well known and known to me to be the General Partners of BOYNTON ASSOCIATES which in turn is General Partner of BOYNTON-JCP ASSOCIATES, LTD., the Limi ted Partnership named in the foregoing instrument, and known to me to be the persons who as such General Partners, executed the same, and then and there the said Edward J. DeBartolo and the said Marie Denise DeBartolo York did acknowledge before me that said instrument is the free act and deed of said Partners by them respectively executed as such General Partners for the purposes therein expressed; all under authority in them duly vested as such General partn~r~; ...'. .:. l.;~, :", " . WITNESS my hand and official seal th~,.s_ 6th:d'~'f:?f! ,. . ''<:;'' Augus t , 1985. '. "z' ........ ." : -=', C . A'd.,J ~r J7~~','{6 Notary publ c. .'. ~'-:"'di ~t:.":~,'::;' '. ':"....:' ':1: .It.l:....~ ETHEL M. KUNOUS,'" :', ,', Notary Public,. State of Ohio My Commission Expires Aprit 7, 198~ RECORD VERWIIO PALM BEACH COUNTY, FLA JOHN B. DUNKLE CLERK CIRCUIT COURT -~----- ~ .--.-,.-..-------.---.-.--- This instrument prepared A. D. Wolfcale, jr. 7620 Market Street Youngstown, Ohio 44512 by: -2- r", DW7/wp3-5/1/85; 5/2/85; ,-,I ,5-4 . - .t ~ .CJ .n -t ..... ." :l .0 )0' CD .::f' ~ :E -< :.0 I :Q .J "'tn I o ~_ ) V5 ~ )~ ~ ~, o ~~ t; ~ :s "- o ~L> o U. ILJO 1-0 C\..o:: W.:t: w (.) () !.:( ~w 0 ) ~ UOCUMac..., tu ... I ~ .... , tI\UIIllU. ,... N. Cl.~~~~:UJ2..:..norUa CRD NO.: ROAD: Javert Street RIGHT-OF-WAY DEED THIS INDENTURE made this 6th day of August, 1985, between BOYNTON-JCP ASSOCIATES, LTD., a partnership organized and existing under the laws of the State of Florida having its principal office at 7620 Market Street, Youngstown, Ohio, as party of the first part, and COUNTY OF PALM BEACH IN THE STATE OF FLORIDA, as party of the second part. WITNESSETH, that the party of the first part, for and in consideration of the sum of One Dollar and other valuable consideration paid, receipt of which is hereby acknowledged, does hereby grant, remise, release, quitclaim and convey unto the party of the second part, its successors and assigns forever the following described land, si tuate, lying and being in the County of Palm Beach, State of Florida" to-wit: A tract of land located in Section 19, Township 45 south, Range 43 East, County of Palm Beach Florida and known as being the West 40 feet of the Southwest 1/4 of the Northeast 1/4 of said Section 19; save and except that portion of said 40 foot strip of land lying within the limits of the L.W.D.D. Canal L-23 and within the limits of Boynton Canal. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title, interest and claim whatsoever of the party of the first part in law or in equi ty, to the only proper use, benefi t and behoof of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, the party of' the first part has caused these presents to be duly executed in its name by its General Partner, the date first above written. Return to L~nd Acquisition Olde. 5.1170, P. B. I. A. -1- o ::t- O .... 0- Ul 00 r :t- CXI . ~ " . (' 1 '0-1 ,/ I -- . Signed, sealed and delivered in presence of: BOYNTON-JCP ASSOCIATES" LTD., a Florida Limited partnership -= d a .tJt2 By. r{)~',;, . - 1/ - f- ~J.d 1;;. ~~ BOYNTON ASSOCIATES, General Par~ner, an Ohio General pprtnles ip . ~/ ~ / ',' By: t:'A IL" -t,,/{,{) Edward J. DeBartolo, General Partner STATE OF OHIO ) )SS: COUNTY OF MAHONING ) BEFORE ME personally appeared Edward J. DeBartolo and Marie Denise DeBartolo York to me well known and known to me to be the General Partners of BOYNTON ASSOCIATES which in turn is General Partner of BOYNTON-JCP ASSOCIATES, LTD., the Limi ted partnership named in the foregoing instrument, and known to me to be the persons who as such General Partners, executed the same, and then and there the said Edward J. DeBartolo and the said Marie Denise DeBartolo York did acknowledge before me that said instrument is the free ,act and deed of said Partners by them respectively executeQr\as., such General Partners for the purposes there in expre~sEr9'i:"all',.:) . under authori ty in them duly vested as such General....~ar:t"~.~.rs~. '..~.:1.Y:. ":: .'''''~- i ~:.~..:.. . ;": 0 '.:: WITNESS my hand and official seal this El.'th. ~qay of:::~,~;jl., . Augus t , 1985 . "~~" ~~."""i I" ., , .' ~::..', ;:/0 , ~x..t'.~ tJ)V;' "~" ~~)'1"';' :1': j~i\' ,:,;,." " < /It . ......: . ., ._'. I Notary PU lC ETHEL M. KUNDU5, Notary Public. State of Ohio My Commlulon ExpIre. April 7, 19813 This instrument prepared by: A . D. Wo 1 f c ale, j r . 7620 Market Street Youngstown, Ohio 44512 -2- RECORD VERWliD PAUMeEACHCOUNTY.F~ JOHN e. DUNKLE CLERK CIRCUIT COURT .......-) BOYNTOr\ BE1\CH ~lALL DEVELOPMENT /\GREEMENT Boynton. BOrtch. Inc. is the O\rJ1er of certain real propertv, hereinafter referred to as the "pro~)erty" , situated in the Ci tyo f D~ynton Beach, Pa3.m ~each.Count~,.Flor1da and shown on Exhibit "A" and more particularly descl'lbed 1n Exlublt "A-l". attached hereto. Boynton Beach, Inc. (Owner) and the City of Boynton Beach (City) hereby agre~ that the.p~ope~ty will be developed in basic conformance with the drawlngs, speclflcatlons, documents, etc., listed on Exhibit "13" and the following terms, conditions, requirements, etc.: Section I Zoning C-3 (Comnunity Commercial) will permit development of the regional mall - 108.30 acres in accordance with the drawings, specifications, etc., set forth on Exhibit "B". No variances, special exceptions, etc., will be required to permit the development of the regional mall as shown on the drawings, specifications, etc., listed on Exhibit "13" with the exception of the following: Parking Lot Regulations Section 5-141(d) - Elimination of the required concrete curb stop. Zoning Regulations Section 4(L) - Eliminate required construction of a 6' masonry wall along west boundary between Old Boynton Road and the drainage canal. Section 2 Development of Regional Impact (DRI) The "property" will be developed in accordance with the Development Order, pursuant to Section 380.06 (14)(e), Florida Statutes, incorporating the provisions of Palm Beach County Resolution No. R-74-343, a copy of which is attached hereto as Exhibit "C". Section 3 Platting & Subdivision In accordance with the defintion of the term "subdivision" as con- tained in the City of Boynton Beach Code regulating subdivisions, the City agrees that the proposed division of land as set forth in the plan attached hereto as Exhibit liD" will not be deemed a subdivision within the meaning of the City Code under the following conditions: a. Any division of the subject property will result in all parcels of land being more than five (5) acres in area. b. Di\"ision of the subject property will not. in and of itself, i 11\"01 \"e any cl1an~es in st reet I ines or publ ic easemen ts of a n ~- kin d . c. The development of the sub.iect property as a regional mall will in\"ol\'e the dediction 0f no\': public easements, These easements will be dedicated to thc' ('it\. after the impro\"ements have been installed and r\.cceptecl h~' the Ci ty, wi th the easement dedications bcin~ based 011 as-built dra\\'ing~, Whi10 conveyances of portions oft he propert ~. to tlw depa rtmen t store.' tenan ts 0 f the mall may occur prioJ to the actual dedication of the easements, such conveyances will not occur prior to the actual install- ation of the public utilities for \\'l1ich easements will be granted. 1 . .' . Section 3 PJattinl~ &. Subdivision (cont 'cl) ..... d. No certificate of occupancy will be issued for any building connected with the mall prior to dedication of the public easements to the City. Based on the conditions sot forth above, it is agreed that: a sub- division plat will not be required for the regional mall tract (10R.30 ac.) and for Parcel #2 (7.87 ac.) and parcel #3 (6.54 ac.) unless Parcels #2 01" #3 are divided into more than three (3) tracts and that the sale of (1) any and all parcels within the regional mall tract to the various department stores and (2) parcel #2 and #3 can be conveyed by metes and bounds description only. It is further agreed that given the condtions set forth above, the subdivision regulations of the City of Boynton Beach will not apply to this "property." Section 4 Off-Site Improvements Off-site (beyond the boundary limits of the "property") improve- ments for the development of the regional mall as shown on SP-I and.SP-2 and parcel #1, #2, #3 and #4 will be limited to the following: a. Highway & Access 1. Connector road between New Boynton Road (SR 804) and Old Boynton Road (Boynton West Road), opposite mall entrance "B". The Owner under an agreement with William Winchester, the Owner of the property between Old Boynton Road and New Boynton Road (SR 804) will construct a four (4) lane roadway with median and separate left turn lanes between mall entrance "B" on Old Boynton Road to an intersection with New Boynton Road (SR 804), approx- imately 1037 feet west of Congress Ave. This roadway will be constructed to Palm Beach County standards and will be dedicated to Palm Beach County upon completion and acceptance of construction. The con- struction will be limited to roadway (including striping, and signing) and drainage improvements only. Signalization at the intersection of the connector road and New Bovnton Road (SR 804) and the connector road and Old Boynton Rd. (Ent."B") will be installed by Palm Beach County per Section 5h)ii) and 5h)iii) of the "Agreement for roadway improvements" dated December 22, 1981 between Palm Beach County, I1omart-Boynton Associates, and the Edward J. DeBartolo Corporation attached hereto as Exhibit "E". 2. Old Boynton Road (Boynton West Road) The "Owner" will construct the following improvements on Old Boynton Road in accordance with Section 2 b) and 2 c) of the "Agreement for Roadway Improvements" (Exhibit "E"): At the intersection of Old Boynton Road and Mall Access Road "B" i) Left turn lanes north and south approach ii) Left turn lane west approach iii) Right turn lane east approach 2 ~ I " .f STA TEMENT OF USE :; Existing Use: I: ! Open space F : ;: Proposed Use: Open space until substantial deviations'to ! ,! 1; development order is granted. :i " ii " I' : ~ I. I: !! i/ II II i! 1I li JUSTIFICATION 'I 11 I, Express in your own words why this annexation will be beneficial to Boynton I Beach, Florida: I j The pr6perty is part of the development order for the i ",i Boynton Beach Mall. The remainder of the Mall is ., II I within the City limits. By annexing the. subject property II I'! the City of Boyr:tton Beach will be able to better.cS>!l.trol 11 future development of the property. I I 1 EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED j il See Exhibits "A" and "B" attached hereto. II il p II . .. . .. I! II .. .. .. I i I I I !t I; I ~ f ~ q L ). : ~ j: I: l' I; p : ;1 I: f' . ,j " " ;' " r A-3 ... '. ~... ......, Sec t ion .1 Off-Site Improvements At the intersection of Old Boynton Road and Mall Access Road "A" i) Left turn "lane west approach ii) Two lane north approach iii) Right turn lane east approach The requirements and conditions for the Old Boynton Road improvements will be as follows: i) The improvements will be constructed as a rural section with the possible exception of isolated and limited curb and gutters which shall only be required when curb and gutter is the only engineering solution that will cause the said roadway improvements to function properly. ii) The improvements will be constructed with open drainage and with only normal ditch section with the possible exception of isolated and limited enclosed storm sewers which shall only be required when enclosed storm sewers are the only engineering solution that will cause the said improvements to function properly. iii) An 8' wide asphalt or 6' wide concrete bike path will be installed on the north side of Old Boynton Road along the property frontage only. iv) Overlay and add to existing pavement. v) No street lighting. vi) Storm sewer improvement limited to extension of existing culvert crossing. 3. All other highway and access improvements required for the development of the "property" has been or will be completed in accordance with the terms and conditions of the December 22, 1981 agreement between Palm Beach County, Homart- Boynton Associates and the Edward J. DeBartolo Corporation attached hereto as Exhibit "E". 4. The "Owner" and the "City" mutually agree that the faith- ful performance and completion by the Owner of 1) and 2) above shall relieve the Owner(s), his successors, assigns or transferees of any further obligations for highway and access improvements as a result or as a condi tion to the development of the "property" and outparcels #1, #2, #3 and #4. The "City" and the "Owner" also agree that the "property" and the outparcels (#1 through #4) will not be subject to any road impact fees, assessments, or similar charges for off-site highways. b. Utilities 1, Cost participation in existing 16" sanitary force main and 16" water along the "property" frontage on Congress Avenue Owner shall pay the City the Owner's fair share of the cost of th 16" water line and the 16" sewer force main which will serve the "property". This share shall be paid prior to the accept- ance by the City of the on-site water and sewer systems. Owner's cost shall be $43,635.95 plus the increase in the ENR construction index between February 3, 1981 and the date that payment is made as indicated above. 3 .' . 'S c c t ion 1 _. Off-Site Improvements (cont'd) 2. Cost participation in proposed 20" water main in Old Boynton Hoad The 20" water main to be constructed on Old Boynton Hoad shall be designed by the City's engineers and con- structed by the City under City supervision. The "Owner" shall participate in these costs as outlined_in Chapter 2G-34 of the City's code of ordinances. In this instance, the rates will be the carrying capacity of a 10" water line vs. a 20" water line. The City's engineers will prep::ne an estimate of the total cost and hased upon this estimate, "Owner" will escrow their estimated share of the costs. After completion and acceptance by the City, final costs will be compiled and the "Owners" share will be adjusted upward or downward accordingly with Owner either giving additional funds to cover their share or the City returning to the "Owner" the excess from the escrow account. The City shall install a 20" x 10" tee with a valve and 10" stub line (from new 20" water main to a point 5' within Owner's property) at the location indicated on the Owner's site water plan M-3. 3. The text of Paragraph 4(b)(1) above does not apply to out-parcels #2 and #3. o 4 Section 5 '-" On-0i te Impl'ovcrncnts On-site (within the boundary limites of the "property") improve- ments required for the development of the regional mall as shown on SP-l and SP-2 and Parcel "2" and "3" will be as follows: a, Storm Water Management The storm water management system to serve the regional mall (108.30 ac.) ~nd Parcel #1, #2, #3, and #4 includes the construction of an enclosed storm sewer system as shown on Drawing No. M-l, four (4) retention ponds as shown on Dwg. No.3, and connection to Lake Worth Drainage District's L-23 and Boynton Canal by control structures detailed on Dwg. No. 11-1B. The storm water management system will be constructed, operated, and maintained by the owner. The requirements and conditions governing the construction, operation, and maintenance of the storm sewer management syst~m will be per the applicable drawings and specifications listed on Exhibit "B" and the following report, correspondence, approvals and permits: 1. South Florida Water Management (SFWMD) permit material a. Water Management Permit Application report dated :May, 1981 b. SFWMD Staff Report dated August 26, 1981 c. SFWMD Surface Water Management Permit No. 50-00860-S dated September 10, 1981 d. Letter from Charles A. Hall dated November 5, 1981 which describes the adequacy of the on-site storm water management facilities e. SFWMD permit modification l~tter and staff report dated June 10, 1982 2. Florida Department of Environmental Regulation (DER) a. DER form letter dated August 3, 1981 requesting additional information for a permit requirement determination b. Letter from Gee & Jenson dated August 19, 1981 written to DER in response to their August 3, 1981 letter. c. Letter from DER dated August 26, 1981 outlining the adequacy of Gee & Jenson response letter dated August 19, 1981. d. Letter to C.A. Corroto dated February 17, 1982 which explains the inter-relationship between SFWMD and DER permitting for this development 3. Lake Worth Drainage District a. Letter f~om Lake Worth Drainage District dated July 13, 1981 approving the Boynton Beach Mall connection to their facilities. b. Sanitary Sewer The "City" agrees that there is presently sewage treatment plant and line capacity available to accept the flows generated by the proposed development of the "property" and outparcels, and that there is presently no sewer moratorium, etc., that would prohibit or restrict the development of the "property" or the outparcels, 5 SeC'tion ;) -- On-Sjte Improvements (cont'c1) The "Owner" will install the on-site gravity system, the sanitary pumping station, and the force main from the pumping station to the existing 16" F.M. along Congress Avenue in accordance with Draw i ng No. M-IA and ~1-2 and appli eab Ie speci f iea t ions 1 isted on Exhibit "D" and the pump staUon plans and specifications prepared by Gee & Jenson. It is agreed that these drawings and specifications Ilave been prepared and are in conformance with the requirements and standards of the City of Boynton Beach. It is further agreed that upon completion of construction of the on-site gravity system shown on Drawing No. M-2 (excluding those portions of the system under the building-between manhole #6 and #7 and manhole #16 and #17) and the pump station and force main, in accordance with the City requirements, the City will accept dedication of the system for ownership, maintenance, and operation. Upon completion of construction and acceptance by the City, the Owner will: 1. Grant to the Ci ty, a 10' wide (if depth or gravity line is 8' or less) or 15' wide (if over 8' in depth) easement over that portion of the gravity system to be maintained by the City and; 2. Deed (warranty deed) a 30' x 30' (or a modified size and configuration to be mutually agreed upon by the Owner and the City) pump station site to the City. The City will require a TV inspection and a one (10 year main- tenance bond as a condition of final acceptance. With regard to Outparcels #1 (owned by First Federal of Lake Worth) and #2 (owned by First American Bank), the Owner will agree to extend the on-site sanitary sewer system to the respective parcels subject to the following conditions: Parcel #1 - First Federal of Lake Worth must agree to pay: 1. Pay 100% of the cost of the gravity system between manhole #29 and manhole #19 including stubs to their parcel, 2. Pay IOD~ of the cost to oversize that portion of the system between manhole #19 and the pumping station if required to accomodate the sewage flow from parcel #1, 3. Pay pro rata share (based on gallonage) of the total cost of the pumping station and force main to the existing force main in Congress Ave. Parcel #4 - First American Bank must agree to: 1. Pay 100% of the cost of the gravity system between Manhole #32 and Manhole #8, including stubs to their parcel, 2. Pay 100% of the cost to oversize that portion of the system between Manhole #8 and the pumping station if required to accomodate the sewage flow from Parcel #4. 3. Pay pro rata share (based on gallonage) of the total cost of the pumping station and force main to the existing force main on Congress Ave. 6 Section On-Site 5 I t!!Q!:.~<::!ll (' n t s (c t) n t I d ) "- '- If the Owner of Parcel #1 and #4 do not agree to pay prior to C'.:H11l11encement of construction, all costs (engineerinp;, construction, eLe.) r('quircd to provide service to their parcel(s) via the extension and oversizing of the mall system, the Owner can delete those portions of the system. c. Water The "Ci ty" agrees that there is presently plant iwd line capacity available to~atisfy the domestic and fire flow demand requirements for the proposed development of the "property" and outparcels #1, #2, #3 and #4, that this capacity will be reserved for the property and the out- parcels, and that there is presently no moratoriums, etc., that would prohibit or restrict the development of the "property" or the outparcels. The "Owner" will install the on-site water distribution system in accordance with Dwg, M-3, and M-3A and the site-water specifications (Section 15010, 15050, and 15200). It is agreed that these drawings and specifications have been prepared and are in conformance with the requirements and standards of the City of Boynton Beach. It is further agreed that upon completion of construction of the on-site water distribution system shown on Dwg. No. M-3 in accordance with City requirements, the City will accept dedication of the system for their ownership, maintenance and operation. Upon completion of construction and acceptance by the City, the Owner will grant a 10' wide easement over that portion of the system to be maintained by the City. The City will accept the on-site water distribution system (including hydrants, and all appurtenances) from the public mains in Congress Ave. and Old Boynton Road (proposed) up to and including the water meters. The water laterals from the main loop will be combination fire and domestic lines. Fire hydrants and Fire Department connections shall be accessible, unobscured, and protected as necessary, Site water mains and laterals are to be ductile iron pipe minimum class 50. Service lines from submains to water meters are to be ductile iron pipe or polyethelene #3406. Materials per plumbing code may be used on the customer side of the water meters. Water main taps shall be cast iron split tee with valve. Minimum of 30" cover will be provided on the sampling point detail shown on Dwg. No. M-3A. A 24" square by 8" thick concrete pad will be provided around the collar at the top of the valve box shown on Dwg. No. M-3A. Typical water service detail will be provided per City of Boynton Beach Utility Dept. standard detail. I a. b. c. 2 a. The Owner has the following options regarding the 8" fire lines as they enter the buildings: ~lodify the riser detail to show a cross (domestic tee); IIold the City harmless for the water lines from the cross into the building; and, Install an indicating valve inside the building with outside control; or, Modify the riser detail to show an indicating valve assembly outside of the building. 7 See Lj on G - Devclopmcnt Fees & Charges The de\"clopmcnt of thC' "property" will not be subject to any impact: rees, capital improvC'ment contributions, assessments, etc., with the exception of the following: 1. Capital facilities charges for water and sanitary sewer service and appropriate meter installation charges will be the responsibility of each individual department store and small shop center section tenant. Fees will be cal- culated by the Building Department and payable by each individual store prior to the Duilding Department's issuance of building permits. This is in accordance wit h Chapter 26-3/1 of the code of ordinances. I nIorma ti on regarding the capital facilities charges will be included in the tenant's handbook and each tenant will be required t( sign a receipt for the handbook. 2. Cost participation by Owner in existing water and sanitary lines in Congress Ave. as described in Section 4b.l. 3. Cost participation by Owner in the proposed 20" water main in Old Boynton Road as described in Section 4b.2. 8 '...... "I:..", Section 7 Development Conditions, Standards & Criteria A , SITE 1. Parking lot lighting will lJe energy efficient, high intensity dischar~e metal halide lamps. Illumination levels shall lJe between one-half (}) and three quarter (3/4) footcandle average at grade. The shopping center parking lot lighting system shall be maintained and operated by the individual property owners. Minimum on-site security lighting will be maintained by Boynton Beach, Inc. in the event a department store ceases to operate. 2. Signs: The location of the shopping center identification and vehicle directional signs are shown on Dwg, No. SP-l. These signs will be as detailed on Dwg. MS-l and I\1S-2. 3. Storm lines and retention basins shall be sized to include ale condensate. 1. Landscaping! Based on the site and building landscape plans (Dwg. No. L-A, L-B, L-C, L-D, BP-l, BP-2 and BP-3), the requirements of the landscape ordinance and any other ordinance pertaining to Landscape and open space re- quirements have been satisfied. The final landscape construction plans will be prepared and in conformance with the plans listed above. - Required trees shall be a minimum trunk diameter of two (2) inches when measured, four and one-half (1~) feet above grade and required trees shall be a minimum of eight (8) feet in overall height immediately after planting. Requirement for hedge along the driveway abutting the Boynton Canal on the north property line has been waived per action by the Community Appearance Board. No one specie of any "tree" will comprise more than 30-40% of the total quantity used. The Owner will use native trees and vegetation in sel- ection of materials. "Senegal Date Palm" (Pheonix Reclinata) will be removed from the list of Palm Trees. "Tamarind" (Tamarindus indica) will be replaced with "Tamarind" (Lysiloma latisilquum)on the tree list. 5. Based on the existing vegetation on the property, a tree preservation permit is not required. 6. Sanitation Service: All refuse from the center section small shop areas and the department stores will be deposited in comp- actors which will be located in the mall and department store service areas. The owner(s) will contract with a City of Boynton Beach authorized vendor for refuse removal and disposal. The proposed vendor is County Sanitation. 9 - -- ,.." ..., ""~- - ~('('tj()lI 7 Deve lopmen t ConcH t j ons, St anclards, &, Cri teria B. 13UILDINC;::-; 1. General a. Applicable Building Codes will apply: Boynton Beach - Code of Ordinances Standard BuilclinR Code - 1982 Edition Standard Mec.hanica1 Code - 1982 Edition Standard Plumbing Code - 1982 Edition National Electrical Code - 1981 Edition 1978 Florida Model Energy Code w/1982 amendments (Climate Zonc~ 8) NFPA 101 Life Safety Code - 1981 Edition Florida Handicap Code - 1978 Edition, 5th Printing NFPA 1982 Edition b. Building permit fees will be based on the local permit fee schedules. In arriving at the permit fee evaluations regarding the specialty shop/mall shell valuations, the specialty shop tenants will pay 60% and the mall will pay 40% of the permit fees. The mall's share of 40% shall represent the shell portlon, Information regarding the permit fees will be included in the tenant's handbook and each tenant will be required to sign a receipt for the handbook. c. An Engineer's seal is required on the structural drawings and specs. An Architect's seal and signat~re is acceptable on the balance of plans and specs. d. It is understood that when submitting plans for a building permit, the plans examination fee, which is 30% of the permit fee, shall be paid with the permit application. Owner will pay the complete fee 100% at the time of filing for application. e. Two (2) set of plans and specifications are required for a Duilding Permit. Three (3) sets of plans and specs will be required for a Food Service operation permit. f, The architect's and engineer's signature on the plans and specs must be over the embossed seal. g. The mall street and mailing address will be: Boynton Beach Mall 801 North Congress Ave. Doynton Beach, Florida 33435 All rooms receiving mail will be three (3) digit odd numbers. h, The Owner will review tenant plans on the basis of their meeting lease requirements. The Building Department will review tenant plans and issue building permits on the basis of their meeting code requirements. No tenant may start construction without obtaining approvals from both. The Owner's agent will send a copy of the release correspondence to the Building Department for coordination and information only. i. The Owner will be the general contractor under the license of Mr, A.C. Rigas who is a "certified" general contractor in the State of Florida. The Owner shall furnish to the City a copy of Mr. Rigas' certification and a letter 01' authorization listing the names of persons authorized to make permit applications in his behalf, j. Each food operation must obtain Health Dept. plan approval 10 JlI8L U, BUILDINGS (contla) ........ k, Four (4) sets each of mall sprinkler and sprinkler alarm drawings (hydraulics, if applicable) shall be submitted to the Building Dept. who will review and then turn over to the 1".11'0 Department for approval, Also, each tenant will have to furnish four (4) sets of drawings and hydraulics (if applicable) to the Building Department. 2. Building a. Upon completion of the mall, certain spaces will remain unleased temporarily. These unleased spaces will be provided with temporary storefronts constructed of metal studs and drywall to a height of approximately 8'-0"+. The remaining opening of approximately 4" will be draped with visquene to prevent loss of. mall air conditioning and also to prevent dust from entering the the mall area and adjacent specialty shops, This method has been determined acceptable since it is an unoccupied area, b. The mall roof structure will be designed based on the Standard Building Code 1982 Edition with the 20lbs/sq, ft, live load horizontal projection as a minimum criteria. Further, the specific structural considerations for the roof design, in addition to the 20 psf live load, will be proper analysis of allroof areas that ponding will occur, design of all relief scuppers and relief drains to handle overflow drainage and general design of all areas of the roof that 20 psf live load could exceed in accordance with the Standard Building Code and acceptable engineering practices in the State of Florida. c. The mall center section type of construction will be Group M - Type IV, unprotected steel, unlimited area, single story. d. The multi-story department stores type of construction will be Group M - Type II sprinklered protected steel, un- limited area. e. Fire exit corridor walls will be 8" concrete block. No ceiling is required. Doors into the corridor from the mall will be B label doors at the rear of the tenant's spaces and will swing 180 degrees in the direction of travel of the fire corridor. The corridors will be sprinklered. f. Tenant spaces shall be separated by 1 hour walls con- sisting of metal studs with 5/8" type X plasterboard on both sides tight to the underside of the roof deck. g. There shall be a separation above the ceiling between the tenant's storefronts and the concourse area (no fire rating required). h. Maximum travel distance to an exit corridor in a sprinklered building is 200'. Therefore, the fire exit corridors can be a maximum of 400' on center. i. Mall construction would consist of masonry exterior walls, "H" columns, steel bar joists, poured gypsum or formboard or equal 20 year bonded roof, and that the building would be totally sprinklered. j. Multi-story buildings must have accessibility panels for Fire Department use, k. A soils report must be submitted along with the foundation permit application. This report will include a split-spoon penetration test showing the blow county per foot and the type of soil encountered. 11 " . 13, BUILDli\GS (contln) ""- 1. Kiosks are permitted provided they are constructed per the building code. 3. Signs a. Building wall signs will be interpreted as "flat" signs undrr the Sj~n Ordinance. On this basis, the signs may not exceed 10~~ of each face area and may also be illuminated b. Storefront signs inside the mall do not require a permit from the City and must therefore meet only the mall design/sign criteria. c, Exterior building wall signs are permitted and allowed to cover up to 10% of the exterior wall ar~a of a mall center section store. Each major department store may also apply this 10% rule to each exterior elevation of their individual stores, 4 . ~Iechani cal a. Water meters to be installed on lines over 2" will require a bypass, b. Detector checks and meters are not required for neither mall nor department stores. Backflow preventers are not required on domestic services for general water service. c. Water meters are to be placed in pits in the sidewalks. d. Air conditioning condensate need not be piped to roof drains. Tenants will, however, be required to install a splash pan or similar material on the roof. Tenant rooftop units as well as mall rooftop units will be required to have a walkway material such as Carey Tred installed around the perimeter of each unit. e. Mall fountains and elevator or escalator pits shall be drained to the storm system. f. Interior sanitary sewer with stubs in each tenant space will be provided and which is acceptable to the City. g. 750 gallon minimum exterior grease interceptors shall be provided for large food operations and food boutique tenants The food boutique area is to be served by a common grease tr: h. Trash compactors require a slab to be sloped to a floor drain which shall be connected to a separate grease trap or tied to one which services a restaurant. This grease trap shall be connected to the sanitary system. i. Each food boutique tenant shall have a toilet room. j. Stores with 10 or more employees shall have 2 toilet rooms. 9 or less, one toilet room (also applies to food boutique tenants). k. The mall maintenance garage floor drain shall be either the sand and grease types or combination sand and grease type. 1. PVC schedule 40 pipe may be used for interior storm and sanitary lines except that it cannot penetrate or be used in a fire wall, floor or ceiling. m. Emergency roof drains for locked in roof areas can be tied into the same storm riser as the prime roof drain. 12 ....__~ ....,,--.__~ - -, .."-V"" ~ .-..# GS (cont'd) Smoke detectors in return nil' stream and fire stats in air supply air stream must shut the IIVAC Units down. nooi pCll- ("tl'~ttlons of suppJy and )"('!-l1l'n ducls will be handled on an individual basis as to the requirements of fire dampers. Ceilings may be used as return all' plenums. Exhaust hoods may have their own make up air systems. Fiberglas duct is acceptable but must comply with app- licable codes. Toilet exhaust - Both conventional ceiling exhaust and ductless exhaust fans are acceptable although ceiling exhaust fans are strongly recommended. Rooftop units must be fastened to the structural steel. Method of installation is subject to Building Department approval. ectrical Emergency lighting with either battery or generator back- up will be required throughout the mall and in the individual tenant stores in accordance with Section 5-9 of Life Safety Code 101; exit signs shall comply with Section 5-10 of Life Safety Code 101 and SBC Section 1124. Type "UF" wire is approved for exterior use under the parking lot and grassed areas provided it is installed 24" below grade. Conduit run below grade may be galvanized heavy wall steel or schedule "40" P. V. C. plast ic. Schedule "80" P. V. C. should be used in lieu of schedule "40" where advserse conditions exist. Conduit run above grade may be galvan- ized heavy wall steel or E.M.T. conduit. P.V.C. conduit is approved for use on the roof provided it is properly supported. All non-metallic conduit after the service entrance point must have a copper grounding conductor run in the conduit. The use of "BX" armored cable is prohibited. Sealtite or Liquidtite conduit cannot exceed 6' in length and must have a copper grounding conductor run either inside or outside the conduit. Flexibile metallic conduit (standard greenfield) is approved in lengths of 6' at indoor dry locations for short connections to lighting fixtures, etc. Although not strictly required, it is recommended that a~ounding conductor be run in all flexible metallic conduit. I, A #12 A.W.G. is the minimum wire size permitted for branch circuits. L. Aluminum wire is permitted only in sizes #2 or larger. Use of all aluminum wire is restricted by exact require- ments and approvals (see uniform amendment to N.E.C. - county code). j. Fixture wire run past the ballast of fluorescent lighting fixtures must be rated at least 90 degrees C. k. Individual fusing is not required for fluorescent fixtures with Class "P" ballast. 13 . l .: ': : ~ ":. ..", I " ,~ ....\ ;. ~ ,-. .~I' '. ~ I' ,v.' ," ,,":',. ';.. .,,":, . .......t..." .....,..... ~.~. ".....1.. ."f: ... . '.:>_:\Zo:::r~','!'"~.{:.~.-" ,-. -.;, , !' ;.,.. ..~-.." . ~.... - B. BUILDING (cont'd) 1. The meter points will be bus in trough protected by a main switch. The rule of six (6) main disconnects will apply to each meter point. Meter rooms are not required, meter points will be mounted on the exterior of the building. m. Individual disconnects at the meter points will be used for room services. A main disconnect in the tenant rooms is not required if an individual room disconnect is installed at the meter point, however, it is recommended that a main disconnect be installed in the tenant's panel. n. Direct feeding of individual rooms underground from the transformer vault will be permitted provided that a disconnect switch is installed at the point the service enters the room. o. Service entrance grounding is accomplished by means of a driven grounding electrode. The building's metallic water piping system must be effectively bonded to the grounding electrode conductor. It is recommended that the building steel also be bonded although it is not required. p, The use of double locknuts is recognized for ground con- tinuity on metallic conduit provided the equipment hole is punched to the proper size. Where concentric or eccentric knock outs are utilized, a bonding type busing with a jumper wire will be required. q. Circuit directories for panels must have permanent ident- ification markings (preferably type written). r. The proper color coding of wire is as follows: 208 volt system; "A" phase - black, "B" phase - red, "e" phase- blue, "neutral" - white. 480 volt system; "A" phase - brown, "B" phase - orange, "c" phase - yellow, "neutral" - gray. Color coding may be accomplished by either taped or painted ends, s. All HVAC units must comply with the manufacturer's name- plate rating for overcurrent protective devices, Where the nameplate markings specify a maximum fuse size for the unit, fuses only will be acceptable as the overcurrent protective devic~ t. All fuses and circuit breakers shall comply with Article 110-9 of the N.E.C. regarding the interrupting ratings of protective devices. For purposes of determining the available fault current which the protective devices must interrupt, the Inspection Department will use fault cu-rent information supplied to them by the Power Co. u. Individual meter point disconnects for the tenant rooms must be labeled to indicate the number of the room being served. Where more than one main switch is located at a meter point, each must be identified as a "main disconnect. 11 Identification markings for meter point service disconnects must be a permanent type. Etched micarta nameplates are acceptable for this purpose. v. All air-conditioning and heating components installed on the roof must have a 120 volt ale convenience outlet located convenient to the general equipment area. W. The metallic water piping system ground connection should be kept out of the electric closets. The bonding jumper ground wire is permitted to be run up to 8' outside of the electric closet to reach the water piping connector point. Mechanica: protection should be provided for the ground wire where it is subject to physical damage. 14 .. 'f " if " B, BUILDING (cont'd) x, In accordance with Article 4l0-65(c) of the N.E.C., all recessed incandescent lighting fixtures shall have thermal protection and shall be so identified as thermally protected. y. In accordance with Article 110-66 of the N.E.C., thermal insulation, including insulated II.V.A.C. ductowrk, shall not be instaJ]od within three (3) inches of the recessed fixtures enclosure, wiring compartment, or ballast and shall not be so installed above the fixture ~s to entrap heat or prevent tile free circulation of air unless the fixture is otherwise identified for installation within thermal insulation. z. Where recessed lighting fixtures are installed in a fire rated ceiling, (such as the lower level ceilings of a multi-level department store), the D.L. design standards as listed in the 1982 fire resistance directory will apply to the mounting, enclosing and support of the fixtures. 6. Fire-Protection a. Unleased areas need not be sprinklered. However, should any unleased area be used for storage of any sort, the interior metal stud divider walls must be 5/8" type X drywall applied from existing floor and sealed tight to the underside of roof d2ck. b. Fire extinguishers shall not be required within the fire exit corridors. c. The entire mall center section, specialty shops, and department stores will be totally sprinklered. d. Indicator valves will be used at or in the building in lieu of yard post indicator valves out in the parking lot, e. A siamese connection (Fire Dept. connection) shall be located at each riser. f. The mall is not located in a fire district, g. The sprinkler system can be either schedule pipe or hy- draulically calculated system (Ordinary Gruop Hazard II). h. Sprinklers are not required in switchgear, telephone equipment, electrical meter and elevator equipment rooms, elevator shafts, walk-in coolers and freezers. The Fire Dept. reserves the right to require sprinklers if a sit- uation is as required by Code. i. Wall indicator valves may be chained. j. The mall, concourse and tenant areas are allowed to be fed from the same sprinkler riser so long as each riser is separately monitored and supervised per water flow and water supply meets code requirements for sprinkler dens- ity and valves are available and accessible to shut off particular areas controlled by the sprinkler riser, all as required by Code. k. The Fire Dept. utilizes National Standard Tread. 1. Fire hydrants are to have 4-1/2" steamer connections. m. 2-1/2" hose valves shall be located in all fire exit corridors, 6'_0" back from door leading into concourse area. Hose valves are not required to be in cabinets. n, The 2-1/2" h08,e valves wi 11 be supplied off the sprinkler systems cross mains. 15 ....." .,...... -' U, BUILDING (cont'd) o. The Fire Department is requiring all tenants to have a 10 Ill. multi-purpose fire extinguisher located at a maximum travel distance of 75' from any point in each room. ^lso 10 lb. multi-purpose fire exting- uishers are required in telephone equipment, switch- gear and electrical meter rooms. The Fire Dept. reserves the ri.ght to add/delete extinguishers on an individual tenant basis based on recognized good practice. p. A remote fire alarm panel shall be supervised by a remote monitoring station such as Honeywell, ADT or Security Central. q. Alarm bells are not required throughout the mall. Owner will submit notification and alarm concept philosophy and/or plans as required by Code. Owner will submit concourse smoke control concept phil- osophy and/or plans as required by Code. APPROVED AND ACCEPTED THIS OF , 1983 by: BOYNTON BEACH, INC. BY DAY ROBERT J. 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