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CORRESPONDENCE ~ ~~'i1~ CITY of BOYNTON BEACH , @.... .~...' Mailing: Post Office Box 310 Boynton Beach, Fl 33425-0310 (407) 738-7487 100 E. Boynton Beach Blvd. Boynton Beach, Fl 33435 Telephone: OFFICE OF THE CITY ENGINEER Attorney Raymond W. Royce Law Offices of Scott, Royce, Harris & Hyland, P.A. 4400 P.G.A. Blvd. Suite 900 Palm Beach Gardens, FL 33410 October 31, 1990 Re: Boynton Lakes Plaza Raymond W. Royce Letter of October 29, 1990 to City Engineering Dept. Dear Mr. Royce: The Engineering Department for the City of Boynton Beach, Florida is in receipt of tIle above referenced letter. Referring to paragraph 4 of your letter, please be advised that my department did not request said letter. 1 t is my understanding that the real property owners are currently negotiati.ng over issues relative to the square footage statement contained in paragraph 1 of your letter. City Staff will be addressing square footage and other site plan and plat issues during the site plan review process. Should you have any questions regarding any of the above, please contact me. Sincerely, ~J....:.:l:A::+~.....:. 0 Vincent A. Finizio Administrative Coordinator of Engineering V AF / j m cc: J. Scott Miller City Manager Christopher Cutro Director of Planning ~ . ~ r- ~ a.. > UJ Q -. ~ ~ ~ ,~ :~ .) :..l Z ~ ..., z ') ~ ~ a.. Lynne S. Matson 1 W. Chesterfield Dr. Boynton Beach 439-4081 tl. ...~-t#.y~(931 ~e-j~~ ~~ December 18, 1990 Mr. Mayor, Honorable Commissioners: I come before you tonight representing several hundred people in the audience and the other residents of Boynton Lakes North and Boynton Lakes who could not be here. Due to the holidays and the four days we had to gather these signatures, I can only present you witha little over one thousand. Our two communities are protesting several issues. We absolutely insist that the P&Z Board be kept intact. This is the only forum for free speach the residents of Boynton have without a time limit. Your move, Mr. Mayor, is politics rearing its ugly head. You have not been able to silence several Board members who have shown true concern for the residents of Boynton, so you choose to eliminate them. This is dangerous and oppression in its purest form. We also oppose any change to the gas station ordinance. City code prohibits any gas station from being erected within 1,000 feet of any semi-public gathering place. The lake and recreation area in Plat 5 is dedicated to the Association for recreation and as such, we have children playing volleyball, boating and residents fishing in this area. It is within 1,000 feet of the proposed gas station on the N.W. corner of the Shopping Plaza. We do not want to ingest the fumes and we do not wish to live in constant fear of underground seepage into our lakes and canals or the possibility of explosion. We are insisting that the developer of Boynton Lakes Plaza be made to re-design his parking lot so that trucks and trailers making deliveries be made to enter from Congress Ave. or Hypoluxo Road only! We do not want the widening of Boynton Lakes Blvd. to three or four lanes at any point. This developer proposes to widen this street and allow trucks to make deliveries at all hours of the day and night. By widening this road, these vehicles will come within 20 feet of the backs of some of our homes. It doesn't take a mathematical genius to figure out that a 50 foot truck combined with the way cars speed along the Blvd. would put one of those trucks smack in the middle of someones bedroom wall 20 feet away if an accident were to occur. We also have a school bus stop within IDO feet of the proposed widened road. Think of the danger to the five and six year olds trying to cross three or four lanes, think of trying to cross with a wheelchair like several of our residents do, think of crossing with a bicycle or baby carriage on the way to the pool or clubhouse. This is not a pretty picture. We do not want our community to become a truck route. Boynton Lakes Blvd. is not monitored for speeding as it is, so who can assure us it would be monitored if it was posted "No Trucks". This developer is also proposing to make two breaks in the buffer wall where this wall abuts our residential area. This is a dangerous situation and is not aesthetically or acoustica in the best interest of the surrounding homes. Quite frankly, we do not wish to see the dumpsters or hear the delivery trucks ~-_.,------------_..._-------_._----,.._"---~- gearing down 't four A.M. I understand ~hat the toxic dumping problem wit~e dumpsters located in c~e proximity to the drainage grates has been rectified. I would like confirmation of that. Appendix A, Section 4N of the Zoning Regulations states that all facilities must comply with the City performance standards, meaning, they should not be constructed, maintained and operated so as not to be a nuisance or hazard to persons or property located on adjacent or nearby properties or rights of way or interfere with reasonable use or enjoyment of adjacent or nearby properties by reason of noise, vibration, etc. This plan violates that code. The Buffer Code in the appendix section, Article IX, Section 3 states that subdivisions shall be buffered for the protection of residential properties with a 5 ft. high masonary wall to seperate residential developments from commercial and industrial developments. It is our contention that this means an interrupted wall will not protect us. You did not allow a break in the Buffer wall at Oakwood Square, Boynton Beach Mall,. Boynton Trail Centre the new Lurias Center and many other shopping areas that abut residential areas. If you allow a break in the Buffer wall in this instance, we will have no other choice than to file a class action lawsuit against the City of Boynton and any individual commissioner voting for ~his. We will depose the previous City Planner and City Engineer and ask them why this wasn't allowed previously. Chapter 22, Article II, Section 22-19 on permit issuance allows this commission to deny permits if the health, welfare and safety of the public will be unreasonably impaired. We contend that it is. The City of Boynton cut its teeth on our community as one of the first P.U.D.s, we are not about to let the hand we feed bite us. We pay your salaries, we voted for you and you are public servants. We are prepared to cast our votes against anyone passing this plan along as shown. Not only will you have over 1,000 people not voting for you, you will have over 1,000 people campaigning against you. I leave you with these final words, "In March we will remember, how you hurt us in December" Thank-You! ! ~Uv-. ."'- CITY of BOYNTON BEACH ~ ~ Telephone: Post Office Box 310 Boynton Beach, F1 33425-0310 (407) 738-7487 100 E. Boynton Beach Blvd. Boynton Beach, F1 33435 Mailing: OFFICE OF THE CITY ENGINEER December 19, 1990 ROSSI & MALAVASI ENGINEERS, INC. 580 Village Boulevard Suite 140 West Palm Beach, F1 33409-1904 Attention: Ric Rossi, P.E. Re: Application for Time Extension Boynton Lakes PUD, Plat #5 Dear Mr. Rossi: Please be advised that the City Commission, during their regular December 18, 1990 meeting, ruled favorably upon your request for a one year time extension for the above referenced plat. Should you require any additional information, please contact me at area code (407) 738-7487. Very truly yours, CITY OF BOYNTON BEACH tl.. L- \-~~ . Vincent A. Finizio ~ Administrative Coordinator of Engineering VAF/ck "{tl?c'twn Qi.C 10 \'IIJ plANNiNG DEPT. cc: J. Scott Miller, City Manager Christopher Cutro, Director of Planning - -- (ITie City oj- 'Bqyntolf rJ3eacn ~~ - 100 'E, 'Boynton 'Beach 'Boukvara P.O. '.Bot..31O 'Boynton 'Beach, 1'{orida 33435.0310 City j{a1f: (407) 734.8111 1'::<<: (407) 738.7459 Certified Mail UP 041 547 508 Return Receipt Requested OFFICE OF THE CITY ENGINEER December 19, 1990 Re: Preliminary Plat for Boynton Lakes Plaza Statement of Technical Compliance and Surety ~ 0 ,..: m 0- 0) lLJ .-.. a E3 Q (.!) C\l 2: - frl 2: ~ 2 J Q ::5 Establishment c.. Keshavarz & Associates, Inc. Consulting Engineers 4425 Beacon Circle, Suite #201 West Palm Beach, Florida 33407 Attention: Maziar Keshavarz, P.E. Dear Mr. Keshavarz: Please be advised that the City Commission, during their regular December 18, 1990 meeting, ruled favorably upon your submission of the above referenced preliminary plat. Additionally, this letter shall constitute a Statement of Techical Compliance and Surety Establishment in accordance with the provisions set forth within the City of Boynton Beach Code of Ordinances, specifically Appendix "C", Subdivision & Platting, Article VIII, Section 5D4. In accordance with Appendix "C", Subdivision & Platting, Article VIII, Section 7, Submission of Final Plat, the Developer's Engineer shall provide this office with the following information, plans, surety bonds and administration fees.. 1) Six sets of construction plans approved for technical compliance and having Health Department approvals. 2) Surety Bond. The Developer shall furnish the City a surety or performance bond from a company having a Best's rating of AAA, and authorized to do business in the State of Florida, guaranteeing that within the time required by this Ordinance, all work required will be completed in full accordance with the plat and all conditions attached thereto, copies of which shall be attached to and constitute a part of the bonded agreement. Said bond shall be in an amount equal to 110% of the total cost of surveying and construction for the installa- tion and completion of all required improvements, including sidewalks. 3) In accordance with Ordinance 90-38, the applicant shall submit a subdivision final plat submission fee in the amount of $300.00 plus 2% of the cost of the required improvements as an administration fee, including 125% of the cost for street lighting installation. 4) The applicant shall submit a fee for construction within the public rights-of-ways of Boynton Lakes Boulevard and Plaza Lane. The total fee for the cost of two permits is $50.00. Sa1d permit shall include the expansion of the roadways, modifications to storm water drainage systems, situated within the public rights-of-ways, application of thermo-plastic pavement markings within the 5fmerica:~ (jateway to tfie (julfstream can't..... To: Maziar Keshavarz, P.E. December 19, 1990 Re: Boynton Lakes Plaza, Preliminary Plat Page /12 public rights-of-way of Boynton Lakes Plaza and Plaza Lane, including costs associated with roadway excavation in order to facilitate the construction of water distribution systems and sewage collection systems as they connect to existing infrastructure improvements. SURETY ESTABLISHMENT IMPROVEMENT Water Distribution System Sewage Collection Ststem Surveying Off-site/L.W.D.D. Culvert Off-site/Grading, Paving & Drainage (includes Traffic Signals) ACTUAL COST $117,600.00 $ 23,222.00 $ 1,500.00 $344,000.00 $122,243.00 Totall Required Bond Amount $608,565.00 $669,421.50 Total Improvements (actual) Street Lighting/Congress Avenue & Hypo1uxo Rd. $608,565.00 8,200.00 Tota12 $616,765.00 $616,765.00 x 2.0% Administration Fee $12,335.30 An administration fee of $12,335.30 and a street lighting fee of $10,250.00 shall be submitted in the form of monies made payable to the City of Boynton Beach in conjunction with your final plat submission. Please be advised that prior to final plat submission, clarifications to the plat documents (as requested by Gee & Jenson Engineers) must be resolved, as W. Richard Staudinger, P.E. is responsible for executing the final plat document. Should you require any additional information or guidance, please contact me at Area Code (407) 738-7487. Very truly yours, CITY OF BOYNTON BEACH 0. ~ :rA -:-to , . -ir Vincent A. Finizio Administrative Coordinator of Engineering VAF/ck cc: J. Scott Miller, City Manager John Guidry, Director of Utilities Christopher Cutro, Director of Planning Note: A final plat must be submitted within one (1) year of the preliminary plat approve LAW OFFICES SCOTT. ROYCE, IIARRIs. BRYAN & HYLAND I'HOFIDRRIONAL ASSOOIATION JIII'IIAII" K, "A II itA AI,nroRT .1. nOWllIllN, 111 .IOIIN I.. II11YAN, .J II. nARRY n, oARoTnroRR MAJlK p, GA()NON .J, HICHARD IIAHIUR ANTONIA L, HUI_MIll WILl_lAM J, HYLAND. JR. .JOHN M. JOROENREN RTANJ,EY n, Kl.JllTT STEPHEN S, MATHISON RAYMOND W" ROYOE ROBERT A. SOHAEFFER 4400 I',O.A, 111 ,vII.. All ITlll 11011 PAI..M nWAOII OAIUHUNA. FI.. 33410 J'OHT OF'F'IVHl BOX :12727 PAI..M nlUAOH GAHDHlNA. FL 33420-2727 THlI..J(Jl'IIONE (407) 624-3900 FAX (407) 624-3~33 . ROJHIlItT 0, AOOTr (1112".101121 October 29, 1990 Mr. Vincent Finizio Acting Assistant to the City Engineer City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Dear Vince: The plat of Boynton Lakes Plaza has been filed this date. The plat has been filed conditioned upon the contents of this letter. Please be advised that the parcel now labelled as Tract B on the new plat has a previous approval of 137,833 square feet. It is not our intent to relinquish any rights that we have as a result of the prior approval. It is my understanding that you had requested this letter and I trust that it has satisfied your requirements. Thank you very much for your continued cooperation. Sincerely, .~/. Raymond W. . RWR/jp VIA FACSIMILE FAX -*738-7459 Original mailed . ........ \jrh\22225\plat.ltr l! !f~n~! ~ JJ... M-... ~t.ji:- ~ tl>>X November 2, 1990 Mr Christopher Cutro Director of Planning City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33435 Re: ConfIrmation of Concurrency Exemption - S. E. Comer Hypoluxo Road and Congress A venue. (One Acre Outparcel) Dear Chris: This letter is to confrrm the above-referenced concurrency exemption. It was agreed that so long as the combined square footage of Boynton Lakes Plaza and the Outparcel does not exceed 137,815 square feet, that both parcels (Tracts A & B) will be considered concurrency exempt. Further it was agreed that Tracts A and B will be combined into one (1) boundary plat and that the respective square footages would be noted on the plat. Again, the combined square footage of which shall not exceed 137,815 square feet, for purposes of confirming concurrency exemption. Tract A shall be designated for 4,800 square feet and Tract B shall be designated for 133,015 square feet. Lennar Homes, Inc. reserves the right to seek additional square footage approvals in the future, subject to all applicable municipal codes and ordinances. Thank you for your consideration and patience throughout this process. Sincerely, LENNAR HOMES, INC. -- ~~ Charles W. De Santi CWD:jar 700 N,W. 107th Avenue Miami, FL 33172 - (305) 559-4000 I Ci~~A TI()N - ~J1 ;.. P - ~. w- " / 6Cl BOYNTON LAKES PLAZA PRELIMINARY PLAT John Glidden, agent for Boynton Lakes Development Corporation, is requesting preliminary plat approval for the construction of infrastructure to serve a 133,015 square foot shopping center on 11.63 acres. The preliminary plat also includes an undeveloped .69 acre parcel under separate ownership at the southeast corner of Hypoluxo Road and Boynton Beach Boulevard. Plans have not been developed for the outparcel, and will not be reviewed until the owner is ready for site plan approval in the future. The Technical Review Board has determined that this request meets the provisions of the subdivision regulations and a statement of technical compliance has been received from the Engineering Department. . 'l1ie City of 'Boynton 'Beacfi Kersav. 4 & Associates, Inc. Certified Mail #P728-874-667 ,Return Receipt Requested 100 'E. 'Boynton. 'BetUn 'BouUvara P.O.'Bo:{31O 'Boy,aon. 'BetUfi, J'CorMa 33435.0310 City'}{af[: (407) 734.8111 Carnahan & Associates, Inc. Certified Mail #P728-874-668 Return Receipt Requested CITY ENGINEER May 24, 1991 0 ,...: ~ a. lJ.J a ~ 00 Cl ~ ell ::= U ~ z ~ z ~ ~ :5 a.. Kersavarz & Associates, Inc. Consulting Engineers & Surveyors 4425 Beacon Circle, Suite #201 West Palm Beach, Florida 33407 Carnahan & Associates, Inc. 6191 West Atlantic Boulevard Margate, Florida 33063 Re: Preliminary Plat Submission Boynton Lakes Plaza, Parcels A & B Palm Beach County Traffic Engineering Division/Comments City of Boynton Beach, Code of Ordinances Appendix "C", Subdivision & Platting Article VIII, Section 5B3b Gentlemen: Attached and made a part herein, please find staff comments from Mr. Charles R. Walker, P.E., Acting Assistant County Engineer, regarding the above referenced preliminary plat. Mr. Walker's comments should be considered conditions to be complied with prior to submission of any final plats for Boynton Lakes Plaza. The original preliminary plat submission for Boynton Lakes Plaza was submitted by Kersavarz & Associates, Inc. and the project received preliminary plat approval prior to the date of this letter. In accordance with Appendix lie", Subdivision and Platting Regulations, Article VIII, Section 5D5, our Code of Ordinances states "technical compliance of the constuction plans and preliminary plat shall not ' constitute acceptance of the final plat, rather it shall be deemed an expression of acceptance of the layout submitted on the preliminary plat as a guide to the preparation of the final plat". Therefore, please incorporate Mr. Walker's comments into your final plat submission. Recently, Carnahan & Associates, Inc. submitted the preliminary plat for the same land as specified within the original Kersavarz submission for Boynton Lakes Plaza. In accordance with the City of Boynton Beach, Florida Code of Ordinances, specificall: Appendix lie", Subdivision and Platting, Article VIII, Section 5B3b, "projects engineered by more than one firm shall be coordinated by a single Engineering firm or an Engineer appointed by the developer". . At your earliest convenience please submit a written response to this office, specifying which one of your firms shall coordinate the platting of the above referenced plat and include information as to which plat you wish to proceed with. con't... . 5lmerica's (jateway to tfie (julfstream To: Kersavarz & Associates, Inc. & Carnahan & Associates, Inc. May 24, 1991 Re: Preliminary Plat Submission Boynton Lakes Plaza, Parcel A & B Page If2 Thank you in advance of your anticipated coopera~ion in this matter. Very truly yours, CITY OF BOYNTON BEACH, FLORIDA cL~~.~ . Vincent A. Finizio ~ Administrative Coordinator o~ Engineering VAF/ck attachments: P.B.C. Letter of May 17, 1991 cc: J. Scott Miller, City Manager Christopher Cutro, Director of Planning Chuck DeSanti, Lennar Homes W. Richard Staudinger, P.E., Gee & Jenson Consulting Engineers Tambri Heyden, Senior Planner , ' Board of County Commissioners Karen 1. Marcus, Chair Carole Phillips, Vice Chair Carol A. Roberts Carol]. Elmquist Mary McCarty Ken Foster Maude Ford Lee County Administrator Jan Winters May 17, 1991 Department of engineering and Public Works vincent A. Finizio City of Boynton Beach 100 East Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33435-0310 SUBJECT: PLAT OF BOYNTON LAKES PARCEL A Dear Mr. Finizio: In accordance with your request, my staff has reviewed the proposed plat for the subject project, located at the southeast corner of Hypoluxo Road and Congress Avenue. We offer the following comments: 1) The expanded intersection right-of-way line for Congress Avenue should parallel the existing centerline of right-of- way for Congress Avenue. 76' from centerline to the expanded right-of-way line should be continuous across this property's frontage on Congress Avenue. 2) The safe corner at the intersection of the two rights-of-way should be the long chord of a 40' radius, instead of the long chord of a 25' radius. 3) The right-of-way to be dedicated should be fully dimensioned on the plat. 4) The dedication language for Parcel "BII should read "... for proper roadway purposes. II 5) Tabular data should be revised as needed. As you may be aware, Kimley-Horn and Associates, Inc. is in the process of preparing plans to expand the intersection of Hypoluxo Road and Congress Avenue. The County has directed them to design their improvements with the assumption that dedications from the entire commercial site would be in place. "An Equal Opportunity - Affirmative Action Employer" BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 @ printed on recycled paper vincent A. Finizio city of Boynton Beach May 17, 1991 Page Two If it is at all possible, it would be very desirable to see the expanded intersection right-of-way for the entire commercial project dedicated at this time. If such a dedication were not to occur, the lack of right-of-way might force the County into a situation which would require the condemnation of property from the existing single family lots to the north. Any assistance you can render with the foregoing will be greatly appreciated. Thank you for the opportunity to comment. Sincerely, OFFICE OF THE Charles R. Walker, Jr., P.E. Acting Assistant County Engineer CRW:A4f:emg Attachment: Plans, Plat File: SID - Lakes of Boynton Beach Municipalities - City of Boynton Beach ash\lakes.byn .. 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'$,- ...1 it.. , "i , HJ ;. . --,' .~ -,., ~ c\~ ,. ...'; -, , · ' ~1\~!.lltl.lU '\ ,;... .....l ,I J aU " ~ "I ' . . '\ .J 1t ~". " , ~!. ' 'Iii. ..\ . ,,1\\ ~.. \ li,\11 . t -, 'I' tl'II ~~h~ I" ~s:\ ~ i ~B\;;. t \~\\i i' ~ ~ ~ i1 ,~ "~,, lit \ 't ,I ~ \J' ~ ' !\ t"'l . lt~,:.& .. ! t.' II ~ Ii .. . 'nc.. ....$. 1. ~ ti \, 1\ ~\ \~. ,~.~ t1.tr~ h ,t~. ,. l\. it ,t ,. t:l. ~ . . . Ii.. . I , Ii .' " ,..... -,..'>" \d' ~ ---;-:::::'- . '. ( '\ <> :)~ &~ "'- .... t~ ';,"- .... "'''' ",'" ~~ Jjl, ~~ 'it o dl ) I, ~, ;a -, \i , , , \ \ \ \ \ \ . \ .,... ~ %e City of ~oynton ~eacli Certified Mail P 728 874 669 Return Receipt Requested 100 'E. 'Boynton 'Beadi. 'Boulevard P.O. 'Bo:t310 \ · I; f7I -, 1 'Boynton 'Beculi., :Jforida 33435.0310 '< :-..,J';,.-:f'c ~ City :J{af[: (407) 734-8111 ~ :J.9lX: (407) 738-7459 OFFICE OF THE CITY ENGINEER. May 30, 1991 Keshavarz & Associates, Inc. Consulting Engineers 4425 Beacon Circle, Suite #201 West Palm Beach, Florida 33407 Attention: Maziar Keshavarz, P.E. Re: Boynton Lakes Plaza/Preliminary Plat Review 2nd Review Gee & Jenson Consulting Engineers, Planners, Architects, Inc. Dear Mr. Keshavarz: Attached for your review and consideration is a May 30, 1991 memorandum from W. Richard Staudinger, P.E., Gee & Jenson Consulting Engineers, detailing corrections to be made on the preliminary plat submittal, prior to submission for final plat approval. The revised preliminary plat was transmitted to W. Richard Staudinger, P.E., without benefit of being distributed to other City departments responsible for review of same. It would be greatly appreciated if you could deliver to my office, six sets of modified preliminary plat documents so that we may provide your firm a comprehensive review. Thank you in advance of your anticipated cooperation in this matter. Very truly yours, r..~ ~:;/'''''l:'''''''"'l:" "TT:lD .-, ',~. '._1.:, ,~l:~ ~'_' .:,'.. CITY OF BOYNTON BEACH ( \: ~A~L . Vincent A. Finizio 0-- Administrative Coordinator of Engineering MAY 30 ..~ T'f ). P LI,; " l'/ I:;; 8 "p [j 1 1", , ij , . \ - i iiiIiii VAF/ck cc: J. Scott Miller, City Manager " W. Richard Staudinger, P.E., Gee & Jenson Consulting Engineers Christopher Cutro, Director of Planning -----= ..... attachment: Gee & Jenson May 30, 1991 memorandum to Vincent A. Finizio 5fmerica's GatewOI/ to tfie Gll{{strCaT1l U 5. 3 O. 9 1 10:47 AM >t<GEE &. .JENSON P04 May ~O, 19!H C'I!!R " ,,'!vat)lf DMO:RANDUM '1'0. nOK~ Vine. RE! .E., City Bnqin..r Boynton Lakes Plaza - Preliminary Plat ~.vi.w (2nd Review) Comments on preliminary pla~ submittal She.t 1 of 2, Dedication Sheet:. A. Dedioation of Tract liB" 1. DiDan.ion oall ou~ of 152.D71 ~oe.n't ma~oh drawing call OU~ ot 152.gl'. 2. It.. two of dedieation .houle inolude cable Tele- vision in d.edieat1on and the vozoc! "Z'e.eZ'Vet!" muse b. ohanqed to "h.rltby dedicatadll. 3. Ite. 5 mu.t inCllud.. an aeJmowle4g-ement fot" Pala Beaoh County or documentation ot Palm Beaoh County for acoepeanca of .ain~anano. re.ponsibiliti.s. B. Chang. dat.. to 1;91 on all aZ'8&8 ot she.t 1. C. Hortgagee's Consent - ..oond parag'raph mu.~ be titl.d "Aoknowledge.entl. . C. D.cUo.~ion ot Tr&o~ itA" 1. Item g must inolude an acknowledgement tor Palm Beaoh County or dooum.nta~ion of Palm Beach County for aooeptanoe of main~enano. Z'esponaibl11ti.s. Sheet 2 ot a, Plat Drawing. A. Poin~ ot be~1nnin~ mu.t be labelled with bo14 lett.~. as Ip.O.B." e. South lino of Trao~ A should ge ~.v....d ~.arini to match d..~rip~ion and should be a ~adi.l ~e.rini or the west line of Tra~~ A should be . cord. c. Tract A n..ds a PRM a~ one of the three northw..t corners. -:lo. 30. S 1 10:47 AM *GEE &. .JENSON POS alll: II 32H;OH M1I!IIt'II'DA.VDUK ~Ol Vinc. 'tnilio Kay 30, 1991 - 'a9- Two c. We.~ line of ~aet B ba. di.tanee .hown of 112.0' f..~ while dedication. call. out 1!2.D7 teet. I. No~. number 7 .hould have PRM .ymbol .hown .. .0114. F. All pl.~ PRK'. along congra.. and Hypoluxo Qould b. loaated a~ tha proparty line and ratereneed to the pla~ limite. Tbie would allow PRM'. ~o be loe.~ed ou~eid. ot the road ri9h~-ot-way and may in.ura they will not b. 4i8~urb.4 ~y .Ub8.quen~ roa4way con.~ruc~ion. WRS I kva P10:;aS ~& rz1ie City of 'Boynton'13eac/i Certified Mail P 748 310 235 Return Receipt Requested 4iij'- -""", 100 'E. 'Boynton 'Beadi 'Boulevard "". .~ (-~ P.O. 'Bo{.310 / ~ ?" ~... ---- .. \ 'Boynton 'Beadi, '.Florida 33435.0310 , ,~- ~'-, City9-faf1:(407)734-81l1 ~ '.F5U: (407) 738.7459 OFFICE OF THE CITY ENGINEER August 13, 1991 Keshavarz & Associates, Inc. Consulting Engineers 4425 Beacon Circle, Suite #201 West Palm Beach, Florida 33407 Attention: Maziar Keshavarz, P.E. Re: Boynton Lakes Plaza Preliminary Plat Submission Expiration of Preliminary Plat Approval Dear Mr. Keshavarz: Please consider this letter a reminder that your preliminary plat approval will expire within twelve (12) months from the date of City Commission approval. As I have not heard from you recently, and furthermore have not yet received a complete and formal final plat submission, I thought it wise to drop you this little reminder. Should you require any further assistance please don't hesitate to contact me at (407) 738-7488. Very truly yours, CITY OF BOYNTON BEACH, FLORIDA ~c:--d- ~.~.-:-:.: . Vincent A. Finizio ~ Administrative Coordinator of Engineering RECEIVED AUG 14 PLANNING DEPT. VAF/ck cc: J. Scott Miller, City Manager Christopher Cutro, Director of Planning W. Richard Staudinger, P.E., Gee & Jenson Consulting Engineers Ylmerka's (jateway to tfU (julfstream .. 1':)J, -- %e City of 'Boynton f}3ecun Certified Mail #P748 310 243 Return Receipt Requested October 3, 1991 Keshavarz & Associates, Inc. Consulting Engineers - Surveyors 4425 Beacon Circle Suite 201 West Palm Beach, Florida 33407 Attention: Maziar Keshavarz, P.E. Re: Your October 1, 1991 Letter of Inquiry Boynton Lakes Plaza Submission of Final Plat Discussion of September 26, 1991 Dear Mr. Keshavarz: The Engineering Department; for the City of Boynton Beach, Florida is in receipt of your above referenced October 1, 1991 letter. Please be advised that item #4 of your letter is incorrectly stated. Item #4 should state that the review of the final plat will be handled administratively by the Technical Review Board, but a formal City Commission action, in approving the final plat, will in fact be required pursuant to applicable City codes. I am looking forward to processing your final plat submission when received, and if I may be of any assistance relative to moving your project ahead of schedule, please advise me. Very truly yours, CITY OF BOYNTON BEACH, FLORIDA ~~A~-. Vincent A. Finizio . 0- Administrative Coordinator of Engineering ...:.:... "'-'-~~ VAF/ck t' Lfd" ,'d , ~ ,; " ,., '! cc: J. Scott Miller, City Manager W. Richard Staudinger, P.E., Gee & Jenson Consulting Engineers Christopher Cutro, Director of Planning 5lmeric.a's gateway to the guf/stream q KESHAVARZ CONSULTING & ASSOCIATES, INC. ENGINEERS SURVEYORS CERTIFIED MAIL RETURN RECEIPT REQUESTED October 1, 1991 PROJECT NO. 90225 City of Boynton Beach Engineering Department 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 ATTENTION: Mr. Vincent A. Finizio, Engineering Administrator RE: BOYNTON LAKES PLAZA, BOYNTON BEACH, FLORIDA Dear Vince: This letter shall confirm the issues discussed during our phone conversation on Thursday, September 26, 1991. The issues discussed and agreed upon were as follows: 1. The above referenced project received preliminary plat approval during a regular City Commission meeting on December 18, 1990. 2. Our development team has been in the process of securing the required bonds as well as the permits by other regulating agencies, i.e. South Florida Water Management District, Palm Beach County Health Department, etc., as called for in the city's code. 3. The allotted time for filing the final plat documents (plat, plans, permits and bond), as per both our interpretations of the code, is one year from the date of the preliminary plat approval. 4. Since no significant changes of the approved site plan have occurred, the process of filing the final plat could be handled administratively and does not require formal City Commission action. 4425 BEACON CIRCLE SUITE 201 WEST PALM BEACH, FLORIDA 33407 407~ City of Boynton Beach Engineering Department Mr. Vince Finizio, Engineering Administrator October 1, 1991 Page 2 We will shortly be submitting our complete package for the final plat approval. Prior to our final submittal, per our agreement with Mr. Richard Staudinger, we will submit a "dry run" set of documents for his review and comments. rec ate all your help during the processing of this project. Should you not con r wi any of the above conclusion or have any questions, please do not hesitate to contac me. Inc. lar Keshavarz, P.E. President MK/ dls cc: Mr. Richard Staudinger, P.E. Mr. James Williams CNFRMCON n GEE & JENSON October 17, 1991 Mr. Maziar Keshavarz Keshavarz & Associates, Inc. 4425 Beacon Circle suite 201 West Palm Beach, FL 33407 Re: Boynton Lakes Plaza Final Plat Submission Dear Mr. Keshavarz: Your final plat submission has been reviewed with the following comments: 1. Change date in title from July 1991 to submission date. 2. County Commissioners and County Engineer seal are not required by City of Boynton Beach Codes. 3. Tract B description ties to the NE corner of Boynton Lakes Plat 5. This tie doesn't appear on Sheet 2. Plat drawing - Sheet 2 of 2 1. Miscellaneous clarification of calls - see xerox portions attached. 2. Tie adjacent existing right-of-ways to plat per Appendix C, section 6, Item 15. As soon as these modifications and clarifications are made, the Engineering Department will be able to sign off on the plat document, subject to the surety and related code requirements being met. Please call if you have any questions. Very truly yours, WRS:kvc 91-025 cc: .;:,:~:Jt,;;~.~ Vince FinJ.z 0 GEE & JENSON Eng~~r~~tects-p ~C /03 W. Ricnard Staudinge City Engineer RECEIV~:tiD OCT 23 One Harvard Circle. West Palm Beach, Florida 33409-1923.407/683-3301 . FAX 407/686-7;"LANNING Olifif: - I..'J~'_' ...... -..1J..... 2 2-:' I' '.J _ee ~,3' I 1 'I , ~~ON JANeS ~. WILLIAMS TO 1~ei"i"3ei"~!' ~.el W1ll1'Olt L6KU f'LAZA DIftLOPIIINr GODOU,TIOI ZOI GAIf80N 8'J'U&'I' .VFtALO. ION 'fou. 14203 (716)852-2)45 November 20, 1991 Chrietopher Cutro Planninl Director Th. City of BOYDtOQ Beach P. o. Boz 310 Boynton ae~ch. rlorida 33425 I).ar Nr. Cutro: Aa outlined iu reeent aeeting$ vith the City Manager and with you, we are requeatin. a .iz ~onth extenalon of the Preliminary Plat Approval, Site Plan Approval and eoneurreney vesting which vaA previously Iranted on December 18, 1"0. l~ i. our ~nderst.nding that the initial deadline for the expiration of ~h06. approv.la will b. Deee.ber 18. 1991. Thi. extension request 1s in order to allow us time to ecmplete the necessary loan co~it.ents which are currently pending fo~ this project. 1 am su~. that the City can appreciate the fact tbat today. diffl~ult economic elimate baa extended the time required to secure con.tru~~lon flnan~in8. For your Informat1on, we have pro,re.sed e~teftBively wi~b . pending .ale of the property to Mr. Allan Go1ns, who haa secured 90% pre-leasing eommit.~n~A as veIl as preliminary co~1tments for construction and pe~..nent t~k.-out lo.us from two lenders. We Deed [h1s addi~lonal time to fin.lise the loan agreements and transact the sale satisfactorily to allow Hr. Goins co pro~eed with the proper application for f1nal Plat and Building Permit.. We would appreciate it if this matter could be scheduled tOT an official deei.ion by the City Commission at their regular December 3rd .eet~ng and will be happy to provide you with any other additional information Which you may need in order to facilitate this- We will further appreciate your providing us with the proper Information speCifying the event Dr series of events which must occur prior to the deadline of any extensions which are granted in order to properly vest our approval status. lie 8l1'leerely appreciate your assistance in this matter. lie will look forward to hQaring from you SQon as to the date we may expect a decision from the City CollllDiallJion~ Very truly YOUX-A. _ j)1/f:u~.-,/' t1.L~-. J $ F. Villia.- ileut'er , .rFW/nlm RECEIVED NOY 22/ 9/ I PLANNli-..G DEPT. TOTn p.el - - J, i , \ %e City of r.Boynton r.Beac/i Kersav& & Associates, Inc. Certified Mail #P728-874-667 ,Return Receipt Requested ,. , 1,., , r .l\ 100 'E. 'Boynton 'Beadi 'Boufe.vara P.O. 'Bo:(310 'Boynton 'BctU!i, :Tforic!a 33435-0310 City:Jfaf[: (407) 7'34-8111 Carnahan & Associates, Inc. Certified Mail #P728-874-668 Return Receipt Requested " May 24, 1991 Kersavarz & Associates, Inc. Consulting Engineers & Surveyors 4425 Beacon Circle, Suite #201 West Palm Beach, Florida 33407 Carnahan & Associates, Inc. 6191 West Atlantic Boulevard Margate, Florida 33063 Re: Preliminary Plat Submission Boynton Lakes Plaza, Parcels A & B Palm Beach County Traffic Engineering Division/Comments City of Boynton Beach, Code of Ordinances Appendix "C", Subdivision & Platting Article VIII, Section 5B3b ,...-..... L,.~ rn ,:. .., 1 .."......." ~ .' '-'. UJ ~,-, r~ .! ~~~1 l,; P;;1 ~ ,., >' "'::>..,.. 'c.","" < z~ ~ :3 a.. Gentlemen: Attached and made a part herein, please find staff comments from Mr. Charles R. Walker, P.E., Acting Assistant County Engineer, regarding the above referenced preliminary plat. Mr. Walker's comments should be considered conditions to be complied with prior to submission of any final plats for Boynton Lakes Plaza. The original preliminary plat submission for Boynton Lakes Plaza was submitted by Kersavarz & Associates, Inc. and the project received preliminary plat approval prior to the date of this letter. In accordance with Appendix "C", Subdivision and Platting Regulations, Article VIII, Section 5D5, our Code of Ordinances states "technical compliance of the constuction plans and preliminary plat shall not constitute acceptance of the final plat, rather it shall be deemed an expression of acceptance of the layout submitted on the preliminary plat as a guide to the preparation of the final plat". Therefore, please incorporate Mr. Walker's comments into your final plat submission. Recently, Carnahan & Associates, Inc. submitted the preliminary plat for the same land as specified within the original Kersavarz submission for Boynton Lakes Plaia. In accordance with the City of Boynton Beach, Florida Code of Ordinances, specificall: Appendix "C", Subdivision and Platting, Article VIII, Section 5B3b, "projects engineered by more than one firm shall be coordinated by a single Engineering firm or an Engineer appointed by the developer". At your earliest convenience please submit a written response to this office, specifying which one of your firms shall coordinate the platting of the above referenced plat and include information as to which plat you wish to proceed with. con' t . . . . 5I1Iz.enca's yateway to tfie Cjulfstream To: Kersavarz & Associates, Inc. & Carnahan & Associates, Inc. May 24, 1991 Re: Preliminary Plat Submission Boynton Lakes Plaza, Parcel A & B Page 1/2 Thank you in advance of your anticipated coopera~ion in this matter. Very truly yours, CITY OF BOYNTON BEACH, FLORIDA Ll.~ jd.~ . Vincent A. Finizio ~ Administrative Coordinator o~ Engineering VAF/ck attachments: P.B.C. Letter of May 17, 1991 cc: J. Scott Miller, City Manager Christopher Cutro, Director of Planning Chuck DeSanti, Lennar Homes W. Richard Staudinger, P.E., Gee & Jenson Consulting Engineers Tambri Heyden, Senior Planner , ' Board of County Commissioners Karen T. Marcus, Chair Carole Phillips, Vice Chair Carol A. Roberts Carol]. Elmquist Mary McCarty Ken Foster Maude Ford Lee County Administrator Jan Winters May 17, 1991 Department of Engineering and Public Works vincent A. Finizio City of Boynton Beach 100 East Boynton Beach Blvd. P. O. Box 310 Boynton Beach, FL 33435-0310 SUBJECT: PLAT OF BOYNTON LAKES PARCEL A Dear Mr. Finizio: In accordance with your request, my staff has reviewed the proposed plat for the subject project, located at the southeast corner of Hypoluxo Road and Congress Avenue. We offer the following comments: 1) The expanded intersection right-of-way line for Congress Avenue should parallel the existing centerline of right-of- way for Congress Avenue. 76' from centerline to the expanded right-of-way line should be continuous across this property's frontage on Congress Avenue. 2) The safe corner at the intersection of the two rights-of-way should be the long chord of a 40' radius, instead of the long chord of a 25' radius. 3) The right-of-way to be dedicated should be fully dimensioned on the plat. 4) The dedication language for Parcel "B" should read "... for proper roadway purposes. II 5) Tabular data should be revised as needed. As you may be aware, Kimley-Horn and Associates, Inc. is in the process of preparing plans to expand the intersection of Hypoluxo Road and Congress Avenue. The County has directed them to design their improvements with the assumption that dedications from the entire commercial site would be in place. .. An I::qual Opportunity, Affirmative Action Employer" BOX 2429 WEST PALM BEACH, FLORIDA 33402-2429 (407) 684-4000 @ printed on recycled paper ii:-'j-GO--~J. t:.l.c.;~t:J li': Lci..., '.nr< LcJKr-' i t.L i~~U. "':'\Q::J-'~':::o-4l;:'b ...c.:G ( ~'....,,- T'''''''''''''''''''T''~'' ," .......~,.~ 1,t,;,; ~" t,',J ,;J:..,"',' ;.,'J"t);.",...,'",..,T",~..'..... .: ';';;~.Yll V' " " '~-lfr' ",.J.m,:::Ll~tJ~''l.~_ May 22. 1991 Mr. Christopher Cutro Director of Planning Dept City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. ,Box 310 Boynton Beach, FL 33435-0310 Re: Formal Withdrawal Of Tract "A"/Proposnl Plat Dear Chris: I have recently been in contact with the owner of the- Boynton plaza Shopping Center 3nd now have sufficient assurances that the previously approved preliminary plat. which included Tract "A" (outparcel owned by Lennar Homes, Inc.) will now proceed quickly through the proces~ to final plat recordation. Therefore, pleas:e accept this letter as my formal notification that I am withdrawing the separate propos-'ll plat of Tract "A" from consideration by the Technical Review Board (fRB). Through representatives of Carnahan and Associa.tes and Julian Bryan, r wish to continue the review of plans for water, sewer and stonn drainage necessary to serve the Mobil site. These plans were previously submitted to your engineering dcpnrtment along with properly executed easements and engineer's certification of costs. Upon approval of these plans, surety in a fann acceptable to the City, will be provided. I Wag pleased to hear that our site plan was considered to be in substantial compliance with the TRB's requirements. We will now be working wirh the individual Department Heads to refIne the Site Plan into 100% compliance. 'Thank you for your con~ideration With~n. Charles W. De Santi h for Lennar Homes, Inc. --- CWD:jr Certified MaillReturn Receipt Requested cc: J. Scott Miller, City Manger Peter Mulligan, Mobil Oil Corp. Julian Bryant Consultant ./ Greg Proctorl Camnhan Engineering -0'0= - '. r..,.,.............;l,-\")-r,- .'~wl1fJt~ " R' 'l,r '", -t,. !r','" l-r\ ,. If' II \; ........ \, .0 ' Ji-J "'......... l:-.J- MAY 2"g = PLANi'HNG DE.PTq" 700 N,W. 107th Avenue MiamI. FL 33172 - (305) 009-4000 4i"' t it.," --- <;ounty Administrator Jan \\'inlers Board of County Commissioners Karcn T. ;'vtarcus, Chair Carole Phillips, Vice Chair Carol A. Roberts Carol J. Elmquist Mar\' ~1cC art\' , . Ken foster ,\laude ford Lee "CL '"l~\ ~~~ 1~/d.+' ~f~ c1 ~~~ Department of Engineering and Public Works December 16, 1991 Mayor Arline Wiener City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 o ~ I="f f-- 0, I'",.--{ (~) ~~...~ ~ SUBJECT: BOYNTON LAKES PLAZA - SITE PLAN AND PRELIMINARY PLAT EXTENSION - AGENDA ITEM V A. Dear Mayor Wiener: It has come to our attention that the developer of the subject project is seeking an extension from the City on his obligation to record a plat and site plan. This extension, if granted, would have a substantial detrimental effect on the planned expansion of the Hypoluxo Road/Congress Avenue intersection by American Development (Target Center) and Palm Beach County. As you are probably aware, the City, American Development, and the County have entered into a Tri-Party Agreement to accomplish this intersection improvement. A substantial portion of this work is American Development's obligation under the development order issued by the City. The County has directed the consultant preparing the plans for this intersection to change the plans to incorporate the right-of-way to be dedicated by Boynton Lakes Plaza. This change results in there being no need to condemn property on the north side of Hypoluxo Road to accomplish the construction. Over the last several months, there have been several meetings and discussions involving representatives of Boynton Lakes Plaza, the Lake Worth Drainage Di stri ct, the consultant prepari ng the plans, and County for the purpose of working out the details of Boynton Lakes Plaza's piping of the L.W.D.D. canal and conveying right-of-way to the County. In keeping with these discussions, the County has pledged to enter into an agreement with l.W.D.D. for the maintenance of the piped canal, in exchange for the developer's dedication of right-of-way for Hypoluxo Road. The developer stands to receive a substantial benefit from this arrangement because a substantial amount of his required parking would be placed on top of this piped canal. '~~ pflnled on recyCled paper "An Equal Opportunity - Atfumative Action Employer" Box 21229 WEST PALM BEACH, FLORIDA 33416-1229 (407) 684-4000 ~ 0- W a <:> C!J ~"7' Ed Z o ~ 5 a.. ~ ...., -.".,I Mayor Arline Wiener Boynton lakes Plaza - Site Plan and Preliminary Plat Extension - Agenda Item V A December 16, 1991 I understand that the City has the opportunity to impose conditions on this requested extension. In order to avoid further delays to this intersection expansion and to remove the element of uncertainty, I am requesting that any time extension granted by the City be conditioned upon the developer of Boynton Lakes Plaza piping the canal by April 15, 1992. We estimate the cost for this piping work to be $165,000.00+/-. The right-of-way for Hypoluxo Road and Congress Avenue should be conveyed in the same time frame. If the developer is not willing to commit to this, the County will have no choice but to withdraw its commitment to maintain the piped canal. At present, the Lake Worth Drainage District requires that a governmental entity have responsibility to maintain such piped canals as a condition of their permit to use their easement for parking. It should be noted that if the County withdraws its offer, the developer will not be able to satisfy his minimum parking requirements for the center. Thank you in advance for your cooperation with this matter of mutual interest. I believe Mr. Finizio will be able to address any questions you might have about this matter. Please do not hesitate to contact me if I can be of any assistance. OFFICE OF THE COUNTY ;~IN;fR etu~ Charles R. Walker, Jr., P.E. Acting Assistant County Engineer CRW:'<<;db cc: City Commissioners Vincent Finizio File - Intersections - Hypoluxo Road/Congress Avenue ash\byntnlk.pre 2 - Board of County Commissioners Karen T. Marcus, Chair Carole Phillips, Vice Chair Carol A, Roberts Carol J. Elmquist Marv !\teC arty Ken' Foster . Maude Ford Lee fh County Administrator Jan Winters Department of Engineering and Public Works January 29, 1992 Mr. Allen Goins, President A.G. Development Group 4014 Gunn Highway Suite 260 Tampa, FL 33624 SUBJECT: BOYNTON LAKES PLAZA - COMMITMENT TO PIPE LAKE WORTH DRAINAGE DISTRICT CANAL Dear Mr. Goins: I am writing in response to your letter of January 14, 1992, which I received on January 27. When we spoke in early January, you indicated that this piping would be completed by April of this year. In your letter, you indicate that you expect to be able to begin construction by May, with no anticipated completion date. Be advised that if this work is not started in May and thereafter diligently pursued, Palm Beach County will have no choice but to withdraw its offer to ma i nta in the pi ped canal. The intersect ion expans i on at Hypo 1 uxo Road and Congress Avenue, which has been put on hold pending the resolution of this matter, cannot be held up any longer. By copy of this letter, I will notify the City of Boynton Beach, Lake Worth Drainage District and Lennar Corporation of this intent. -p.f.CE1~r.U Q.~ J~~ ..'~' plAtiti\NG OE-Pl. ~ "An Equal opportunity - Affirmative Action Employer' Box 21229 WEST PALM BEACH. FLORIDA 33416-1229 (407) 684-4000 ~ prmred on recycled paper Mr. Allen Goins, President SUBJECT: BOYNTON LAKES PLAZA January 29, 1992 Page Two Please do not hesitate to contact this office if you have any questions. Sincerely, OFFICE OF THE COUNTY ENGINEER ~/cIL- Charles R. Walker, Jr., P.E. Acting Assistant County Engineer CRW:.m:db cc: Chris Cutro, Planning Director - City of Boynton Beach William Winters, Manager - Lake Worth Drainage District Charles DiSanti - Lennar Corporation Mazier Keshavarz - Keshavarz & Associates, Inc. Wael "Maj" Majdalawi - Carnahan & Associates, Inc. Steven Godfrey, P.E., Sr. Engineer - Kimley-Horn & Associates, Inc. Javier Lopez, P.E., Program Manager - Roadway Production File: Intersection - Hypoluxo Road & Congress Avenue ash\boynton.plz n GEE & JENSON Engi neers, Archilects, Planners, Inc November 30, 1992 Mr. Gregory "Rocky" Goins, Vice President AG Development Group 4014 Gunn Highway Suite 260 Tampa, FI33624 Re: Boynton Lakes Plaza Dear Mr. Goins: As a follow-up to our meeting last week and our several telephone conversations, this letter is sent to confirm to you the requirements from the engineering department concerning what documentation you must provide to the City before you will get a land development permit to do the site work on the referenced project. In accordance with Appendix "C" of the Codes of Ordinances ot Boynton Beach, Florida, "Subdivision and Platting Requirements", certain specific submittals must be prepared by anyone doing development work within the City. Your project has already been approved at the preliminary plat and construction plan stage of review. Therefore, in order to obtain a land development permit and proceed with site construction, you must meet the requirements of Section 6 of Article VIII of Appendix "C", Subdivision and Platting Requirements, specifically: "preparation of final plat". There are numerous requirements for a final plat. However, since you have already submitted a preliminary plat modifying this document, the final plat requires very little additional work. You must however, post a performance bond equal to 110% of the total cost of surveying and construction for the installation and completion of all required improvements, including sidewalks. The bond (for the required improvements) may be periodically reduced during the construction of the project, subject to City inspection and verification that required improvements are being constructed in accordance with approved plans and specifications. At all times, a bond sufficient to complete the required improvements will be in force. One Harvard Circle. West Palm Beach, Florida 33409-1923.407/683,3301. FAX 407/686,7446 n: \l.or'~11 IL \U '" \I.II.JJ"L... TOTAL P.02 fJ1U City of 'Boynton 'Beacn 100 'E. 'Boynton 'Beadr. 'Boukvartf P.O. 'Bo~310 'Boynton 'Beadr., 7"foritla 33425-0310 City 9faU: (407) 375-6()()() 7"JU: (407) 375-6090 March 23, 1994 James D. Tepper, RA Manager of Projects FRU-CON 15933 Clayton Road P.O. Box 100 Ballwin, Missouri 63022-0100 RE: BOYNTON LAKES PLAZA, BOYNTON BEACH IRREVOCABLE LETTER OF CREDIT NO. 7126/93 Dear Mr. Tepper: Enclosed herewith please find a copy of your March 18, 1994, letter regarding the above referenced subject matter. Said letter is acceptable to the City provided the noted amendment in the second paragraph of your letter. I trust this meets with your satisfaction, however, if it does not I would ask that you please advise this office immediately. Thank you for your prompt attention to resolving this issue. Sincerely, CITY OF BOYNTON BEACH .. . Scott Miller City Manager R~D · MAr{ 2 3194 : JSM :jb Ene. c: Mayor & City Commission Don Jaeger, Building Official Tambri Heyden, Acting Director of Planning & Zoning Jim White, City Engineer John Guidry, Utilities of Director ~merica's (jateway to tfu (jui/stream . fJJie City of 13oynton 13eacfi 100 'E. 'lJoynton iBeadi tJJoukvarti P.O. iBoi(310 iBoynton iB~:JCoritla 33425-0310 City:J{Q{[: (407) 375-6f)()() :JJU: (407) 375-6090 July 18, 1994 Terry Harms Fru-Con Development of Florida, Inc. General Partner 15933 Clayton Road P.O. Box 100 Ballwin, MO 63022-0100 RE: Resolution #R94-115 and Amendment of Plat Dear Ms. Harms: Attached please find a copy of the original Amendment of Plat for BOYNTON LAKES PLAZA. This resolution was approved by the City Commission on July 5, 1994. If you have any questions pertaining to this, please contact me. Sincerely, CITY OF BOYNTON BEACH ~~~ Sue Kruse, C.M.C. City Clerk Attachments .., JJ.. , Q 1996 Imas c: Boynton Lakes Plaza partnership Boynton Lakes Plaza File Planning Director PlANNING ANO lONING OEP1. .9lmeriaz's (jateway to tIU (jutfstream f<\ ';t' ~ -,0'...;.; AMENDMENT OF PLAT THIS AMENDMENT OF PLAT (the" Amendment") is entered into as of Sf ~ the ~ / day of . n,~_ , 1994, by and among BOYNTON LAKES PLAZA PARTNERSHIP, a' Florida general partnership (the "Partnership"), FRU-CON DEVELOPMENT CORPORATION, a Missouri corporation (the "Lender"), and the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of the State of Florida (the "City") (the Partnership, the lender and the City being hereinafter at times collectively referred to as the "Parties"). WHEREAS, in connection with the Partnership's development of Boynton lakes Plaza shopping center on certain real estate in Palm Beach County, Florida, as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Shopping Center"), the Parties previously executed, delivered and caused to be recorded a plat of the Shopping Center, which plat was recorded on March 3, 1993, in Plat Book 70 on Pages 47 and 48 (the "Plat"); and WHEREAS, item number 9 of the Surveyor's Notes set forth on the Plat ("Item 9") limiting the total square footage of all buildings on the entire Plat to 135,975 square feet is incorrect and the Parties desire to amend the Plat to delete Item 9 therefrom; NOW THEREFORE, in consideration of these presents and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1 . The Plat is hereby amended by deleting Item 9 in its entirety. 2. Except as expressly modified herein, the Plat shall remain unmodified and in full force and effect, and is hereby ratified and confirmed by the Parties. IN WITNESS WHEREOF, the undersigned have caused this Amendment to be executed by their respective duly authorized representatives or officers, as the case may be, as of day and year first above written. BOYNTON lAKES PLAZA PARTNERSHIP By: Fru-Con Development of Florida, Inc. General Partner \ By: L/oof- Witnesse : V Name? ,. oaf FRU-CON DEVEL~~NT CORPORATION By: [SEAL} ~itnesu;"~~ ~ CITY OF BOYNTO~H , Bv~d~>2'7~ Name: EDWARD F. HARMENIN Mayor Name: Witnesses: _ ~~..........---- Name: By: ~~~ t#bd('7/1S/Qtf Name: ~L/A..m #HK/U-- City Engineer Name: [SEAL] ., N;II'HM-8U'l'\AMENDPlA T ,eM -2- ."~:r;.7r:.Y;;:'~"" BONDED TH~U TROV FAIN lNSiJAAtJCE. INC. STATE OF FUJJ('It:v9 ) - ) ss. COUNTY OF &m &<!'A' ) Before me personally appeared ~ID F IIMh1eI~and 1d~.IJ/YI ~a. , to me well known, and known to me to be the individuals described in and who executed the foregoing instrument as Mayor and City Engineer, respectively, of the City of Boynton Beach, a municipal corporation organized and existing under the laws of the State of Florida, and who acknowledged to and before me that they executed such instrument as such officers of said corporation and that the seal affixed to the foregoing instrument is the seal of said corporation and that is was affixed to said instrument by the due and regular authority of said corporation, and that said instrument is the free act and deed of said corporation. WITNESS MY HAND and official seal this /.5 day oh,~-:J", 1994. ~~~d~/aL Nota y Public My commission expires: .;.:~ri':':';~""~~,~.,;, ,e1'.;I..~-.: J~~ 1'i. K~,~. ;,~~ f.:" I/~~ '~:'.~ tit" C0!i:.,~;;::.s;O~'1 r: GG~5C3c;.o :-XP;qES ~;,~--;:;~l Jar,uary 2,1997 "f.,7r,,\7'~" BONDED Tli;lU TROY FAIN iNSURAllCE, INC. ~ N;\l'HM-IIlI'l'\MlENDI'lAT .8114 -4- ~ Exhibit A [Legal Description of Shopping Center] .., N;\I'HM.IIlPI'IAMENOl'lA T .eM -5- \oK" OV I '" I VI" ~~ CV\A...C. V PoI'V ,Po. U 1 0) I P/'#o..k:. ut" ,:)0 .,:)0 r- t.t. I: I H::..Nc:E , SOUTH 04. 49 ' 36. -. -EAST," "CCHTINJII\G ALa-JG SAID WEST RIGfT..a:- -WAY LI~, A OISTAta a:- 612.00 FEET . TO T1-E r-mll-EAST ~ Q=' BO'(NT~ LAKES PlAT t-D. e, P. u. D. , A(;,C.(;R)I~ TO TH:: i' P'u\ T ll-EREa:", /IS RECORCED IN PlAT BOOK 52, PAC":E.S 1 05 1lflOlXiH 1 OS, Ioo..US IVl:: .. PL8..IC RECOODS Q=' PALM 8EA~ COLNTY, FLCRIDA;~, SOJTH 85.10'2.... WEST, ;r ~CNi 1l-E f-mTI-ER...Y 9O...N)ARY Q=' SAID BOYNTa-4 LAKES PlAT N). e, A DISTAI'a <F ~ '861.57 FEET TO n-E INTERSECTI~ ~OF Wln-t ll-€ EAST RIGHT-Q='-WAY LUE FOR f <XN:;RESS AVfN..E.; SAID EAST RIGHT-OF-WAY LI~ eElf'G A o...RVE, OO\lCAVE WESTER..Y. ~ HAVlfI,G A RADIUS OF 5789 . 58 FEET N-.sJ A RADIAL LI~ PASSIN::; 1lflOlXiH THIS POINT ~ BEARS SQJTH 85.39' 02. WEST; nea, N:RTrERLY, ALOf\G SAID EAST RIGfT-a=' WAY LIf\E ~ 1l-R(U;H A cerrR.AL N-G...E OF 00.50'378, A DISTAM:E (F M.25 FEET TO A POINT (F ~ TN-aN:Y: Tl-ENCE, t-mTH 0~.11' 358 WEST. CQ\ITINJI~' ALCN; SAID EAST RIGfT-CF'-WAY, . A DISTAItt OF 178.82 FEET TO 1l-E POINT OF . Cl.RVA~ a=' A ClRVE TO TH::: RIGa', , N-l) HAVlt-.G A RADIUS CF' J1399.16 FEET; 1l-ENCE t-mll-ERLY, ALCN; SAID ClRVE /JH) . SAID EAST RIGHT-OF-WAY, Tl-Ra..Gi A CENTRAL ANGLE CF 00.-44)' OS8, A DISTAN:E CF 152.91 FEET TO Tl-E EN) OF SAID CLRVE: ll-f:.N:E, r-mlH 85.10'2.... EAST, A DIST.6NCE I OF 193.43 FEET; lHNCE, ~lH 04.49'368 ~ST, A DISTN-a OF 219.96 FEET 'TO 1l-E ~ POINT OF BEGIf'lIlII\G. CONTAINI~ 11.63 ACRES ~ ~ LESS. J ," "' \ . , DEDICATION OF "BOYNTON LAKES PLAZA" ~ .' t<NOW ALL t.EN BY n-ESE PRESENTS THAT BOYNfCN LAKES PLAZA PART'N:BSHIP. A FLOR IDA ~ PARn.ERSHIP, C>\VtIER a=- 1H:: LAl'.o5 SH:>WN N--CJ DESCRIBED H::RECN. LYIf\K; IN SECT I ()\I 8, TOWNSHIP 45 'SOJTH, RANGE 43 EAST, PALM BEAa-t ca.NT'Y, FLORIDA.' AKJ SHi{()\I t-ERf:()\I AS "BOYNTCN LAKES PLAZA", N-D BEI~ ~ PAATICl..L6.RLY DESCRIBED . AS Fcu..OWS: . eot.t.EN:IN:i AT n-E f'mTHWEST ~ a=- SAID SECTI~ 8: ll-ENCE, NCRll-f 85"10'24" ( EAST, AL<N; TrE f'mlH LIt€ OF SAID SECTION 8, A DISTANCE OF 60.01 FEET; TH:.:N:E, J SOJlli 03"40'59" EAST, A OIST~ OF 28.01 FEET: "n-n.cE, r-mll-f 85"10'24" EAST. . A OISTAl'-ICE a=- 190.00 FEET TO A POINT Q=" ee:GII'NI~: ll-ENCE, CONTIN..E f\mll-f '" 85"10'24" EAST, ALCl\G n-E SOUl'H 'RIGHT-OF-WAY LUE Q=" f-NPQ..UXO ROM>, A DISTNa !! CF 644.15 FEET: 'TH:J-.X:E. SOUTH 49"49' 36. EAST, ALCN; Tl-E WEST RIGfT-CF-WAY LI~ ~ (F BOYNTCN LAKES BCU..EVARO. A DISTf>U:E. OF 35 . 36 FEET: Tl-ENCE, saJTH 04" 49' 36. . -. "EAST," 'CCNTINJIr-G ALONG SAID WEST RIGHT..Q="-WAY Llf\E. A OISTAta OF 612.00 FEET . TO n-E NCAll-EAST CCR'.ER OF BOYNT()\I LAXES PlA T ~. e, P. U. D., ACCOOOUG TO T1-E " PLAT 1l-ERECF, AS RECORtED IN PlAT BOa< 52, PAGES 105 'Tlfl(lU;H lOS, Ioo..USlVE.' P\.B..IC RECOODS OF PALM BEA~ COLMY, FLORIDA:~, SOJTH 85"10'24. WEST. :- AL~ ll-E f'l)Rn-ER...Y BO..NJARY OF SAID BO'rNf~ I...AI<ES PLAT ~. e, A DISTAJ\CE CF-1 . 861. 57 FEET TO Tl-E INn::RSECTI()\I 1l-EREa:' Wln-t Tl-E EAST RIGrr -a:' -WAY LI~ FeA r. CCH;RESS A~; SAID EAST RIGHT-a:'-WAY LIf\E EEIN:; A Cl.RVE, ca-.lCAVE WESTER..Y. i HAVlf-.G A RADIUS OF 5789 . 58 FEET N-D A R.AD IAL LIl'E PASSIf\G 'Tlfl(lU;H THIS POINT ~ BEARS SCXJTH 85"39' 02" WEST: n-e.c:E, f'l)Rl}ER..Y, ALCNi SAID EAST RIG-fT-Q=" WAY LIl'E ~ ll-RCX.G-f A CENTRAL ~ OF 00.50'37". A DISTN-CE OF 85.25 FEET TO A POINT CF ~ T~: Tl-ENCE. t-mlH 05.11' 35" WEST. CCNfINJIN:i' ALCN; SAID EAST RIGHT-a="-WAY.: A DISTNtt a=- 178.82 FEET TO n-E POINT OF "Cl.RVAl\..fE Q=" A ClRVE TO TH:: RIGlT, I AK) HAVlf-G A RADIUS a=" J1399.16 FEET: 'Tl-aa r-<<:lR~Y, ALCl\G SAID CUlvt:: IU) , SAID EAST RIGHT-Cf"-WAY, 'Tlfl(lU;H A CENTRAL ANa..E OF 00"<44)' OS", A DISTAN:E CF 152.97 FEET TO ll-E EN> CF SAID Cl.Rvt::: Tl-E'N:E. r-<<:lRTI-4 85-10'24" EAST. A DISTANCE I c:F 193.43 FEET: Tl-ENCE, N:lRTH 04"49'36" M::ST, A DISTMCE OF 219.96 FEET 'TO 1l-E ': POINT c:FBEGlf'.I\II~. CONTAINI~ 11.63 ACRES ~ M LESS. J ,