APPLICATION
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Kilday & Associates
Landscape Architects/ Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
April 16, 1992
Mr. Christopher Cutro
Planning Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Re: Knuth Road P.C,D, - Minor Master Plan Modification
Our Project No, 799.14
Dear Mr, Cutro,
Attached please find 12 copies of the revised plans and
reports for the above noted project, These plans have been
revised to respond to staff comments resul ting from the
January 28, 1992 Technical Review Commi ttee Meeting and as
noted in the staff comments relating to site plan review.
Our submittal letter (see attached) of January 10, 1992,
details the original modifications proposed for the approved
master plan,
This latest revision expands the service station outparcel
approximately 51' to the south, This includes the parking area
up to the main entry off Knuth Road and helps to clear up
concerns regarding vehicular r.irculation prior to construction
of the remainder of the P,C,D, The service station
convenience store has been adjusted to 2000 square feet (an
increase of 752 s.f,) and the retail buildings have been
adjusted to 78,988 s. f, (a decrease of 752 s. f. ) ,
The right-of-way requirements for Knuth Road and Boynton Beach
Boulevard have been reviewed with the appropriate agencies,
The ultimate right-of-way for Boynton Beach Boulevard has been
adjusted to provide for a future turn lane to Knuth Road,
The parking layout has been adjusted to provide a 100' throat
at the entry off Knuth Road and to deter "cut through" traffic
at the service station.
The dumpster location at the service station has been
coordinated with the Public Works Director. Other dumpster
locations have been adjusted for improved circulation and will
be closely coordinated with Public Works through the site plan
,
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review process,
..
Also attached for your review are copies of the water, sewer,
drainage and traffic impact statements, This information
indicates that due to the above noted revisions, the impact
on traffic will be increased from 5,841 trips per day to 6,221
trips per day, a 6,5% increase, The impact on water and sewer
flows will be reduced from 32,840 gallons per day to 12,449
gallons per day and the impact on drainage will remain
essentially the same.
If you have any questions, or if additional information is
necessary, please don't hesitate to contact me, Thank you in
advance for your time and consideration,
Sincerely,
~~
Chuck Yannette
enclosure
cc: Bill Winchester
Rick Rossi, Rossi & Malavasi
Rob Rennebaum, Simmons & White
Accepted by:
Date:
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landscape Architects/ Planners
: 1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(407) 689-5522 · Fax: (407) 689-2592
. ..
.-.
January 10, 1992
..
Mr. Christopher cutro
Planning Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Re: Knuth Road~~
Our Project NO~
Dear Mr. Cutro,
Please accept and process the attached information for a
Minor Master Plan Modification to the above noted project,
located on the southwest corner of Knuth Road and Boynton
Beach Boulevard. We are submitting this information on
behalf of the Winchester Family Partnership, Ltd., owners of
the property.
The master plan has been revised to delete the 6,068 square
foot restaurant in the outparcel on the northeast corner of
the site and add in its place a service station with a 1,248
square foot convenience store and a 512 square foot car wash.
A driveway has been added to provide direct access from the
service station to Boynton Beach Boulevard.
We are also proposing to reduce the size of the bank just
west of the proposed service station fbom 5,400 square feet
to 4,500 square feet, and to adjust the bank's orientation &
parking to improve circulation.
The retail areas flanking the department store have been
adjusted to a total of 79,740 square feet. This adjustment
keeps the total square footage for the project at the
original approval of 120,000 square feet.
The overall parking layout has also been adjusted slightly to
accommodate all of the above noted revisions.
Also attached for your review are copies of the traffic,
water, and sewer impact statements as prepared by Simmons &
White, Engineers. This information indicates that due to the
above noted revisions, the impacts on traffic will be reduced
from 5,841 t.p.d. to 5,820 t.p.d. and the impacts on both
water and sewer flows will be reduced from 32,840 gal. per
day to 12,449 gal. per day. Therefore, the proposed
modifications to the master plan will result in a reduction
in measurable impacts.
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If you have any questions, or if additional information is
necessary, please don't hesit2te to contact me. Thank you in
advance for your time and consideration.
Sincerely,
~/~~'~ ..--?'o,
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Chuck Yannette
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cc:
Bill Winchester
Rick Rossi; Rossi & Malavasi
Rob Rennebaum; simmons
Application
accepted
by:
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Traffic Impact Statement
Job No. 92-005A
. April 14, 1992 - Page Two
GENERATION RATES (CONTINUED)
Pass-By 7.
=
45.1 - .0225 (X)
45.1 - .0225 (108.532)
42.667.
=
=
NET
=
7438 - 7438 (.4266)
4265
=
Hioh-Turnover. Sit-Down Restaurant (6068 S.F. )
6068 S.F. x 201 tpd
1000 S.F. = 1220 tpd
Less 157- Internal = (183)
Less 157- Capture = (156)
NET = 881 tpd
Bank With Drive-Throuoh (5400 S.F.)
5400 S.F. x 291 tpd
1000 S.F. = 1571 tpd
Less 18.057- Internal = (284)
Less 467- Capture = (592)
NET = 695 tpd
The previous approval traffic based on current generation rates
and pass-by rates is 5841 tpd as follows:
4265 + 881 + 695
=
5841 tpd
The total traffic to be generated by the proposed Knuth Road
P.C.D. may be calculated as follows:
General Retail (112.988 S.F.)
Ln ( T )
=
.625 Ln (X) + 5.985
.625 Ln (112.988) + 5.985
7628 tpd
=
=
.
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.
Traffic Impact Statement
Job No. 92-005A
April 14, 1992 - Page Three
GENERATION RATES (CONTINUED)
Pass-By 7-
= 45.1 - .0225 (X)
= 45.1 - .0225 (112.988)
= 42.567-
= 7628 7628 ( .4256)
= 4382 tpd
NET
Bank With Drive-ThrouQh (4500 S.F.)
4500 S.F. x 291 tpd
1000 S.F.
Less 18.057- Internal
Less 467- Capture
= 1310 tpd
= ( 236 )
NET
= ( 494 )
580 tpd
=
Service Station
Service Station
=
Less 147- Internal
=
Less 587- Capture
=
NET
=
Car Wash
Car Wash
=
Convenience Store (2000 S.F.)
2000 S.F. x 887.056 tpd
1000 S.F.
=
Less 377- Purchase Gas
=
Less 457- Capture
=
NET
=
748 tpd
(105)
(373)
270 tpd
166 tpd
1774 tpd
(277)
(674)
823 tpd
.
.
Traffic Impact Statement
Job No. 92-005A
April 14, 1992 - Page Four
GENERATION RATES (CONTINUED)
The total traffic to be generated by the proposed Knuth Road
P.C.D. is 6221 tpd as follows:
4382 + 580 + 270 + 166 + 823 =
6221 tpd
The net increase in traffic to be addressed by this report due to
the proposed master plan revision is 380 tpd as follows:
6221 tpd - 5841 tpd = 380 tpd
PURPOSE OF ANALYSIS
This study will analyze the proposed development's additional
impact due to the revised master plan on the surrounding
thoroughfares within the project's radius of development
influence in accordance with the Palm Beach County Traffic
Performance Standard Ordinance No. 90-40.
Ordinance No. 90-40 requires that a proposed development meet two
"tests" with regard to traffic. Test 1, or the Link/Buildout
Test, requires that no site specific development order be issued
which would, during the buildout period of the project, add
project traffic at any point on any major thoroughfare link
within the project's radius of development influence if the total
traffic on that link would result in an average annual daily
traffic volume that exceeds the adopted threshold level of
service during the buildout period of the project.
Test 2, or the Model Test, requires that no site specific
development order be issued which would add project traffic to
any link within the project's model radius of development
influence if the total model traffic on that link would result in
an average annual daily traffic volume, as determined by the
model, that exceeds the adopted level of service. For the
purposes of this analysis, the construction contemplated in the
Modified 2010 Plan shall be used.
This study will verify that the proposed development's additional
traffic impact will meet the above Performance Standards.
.
Traffic Impact Statement
Job No. 92-005A
April 14, 1992 - Page Six
,
PEAK HOUR VOLUMES
P.M. peak hour traffic movements at the project.s entrances were
analyzed and are included with this report to assess the laneage
requirements at the project entrances at project build-out. The
peak hour factors and directional splits for the A.M. and P.M.
peak hours are summarized on the enclosed worksheets.
The proposed development's trips to the east and west on Boynton
Beach Boulevard represent less than 10Y. of the total traffic on
an average annual basis at project build-out leading to the
intersections of both Congress Avenue and Lawrence Road. The
determination of A.M. and P.M. peak hour turning movements and
levels of service for these intersections is therefore not
required.
MODEL TEST
Modified Table 5, Projected Network Deficiencies for the future
network, does not presently indicate that the applicable links
within the project's model radius of development influence will
be over capacity. Therefore, this project meets the Model Test.
CONCLUSION
The improvements shown on the revised master plan cause a net
increase of 380 trips per day over the previously approved master
plan. Based on an analysis of existing and project traffic
characteristics and distribution, as well as the existing and
future roadway network geometry and traffic volumes, this project
meets the Link/Buildout Test and the Model Test as required by
the Palm Beach County Traffic Performance Standard Ordinance No.
90-40.
F. Rennebaum, P.E.
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(407) 689.0554
FAX: (407) 689.1109
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Ap r i 1 1 6 , 19 92
City of Boynton Beach
City Planning Department
P.O. Box 310
Boynton Beach, Florida 33425
ATTN: Mr. Christopher cutro
City Planner
RE: BILL WINCHESTER - KNUTH ROAD P.C.D.
MASTER PLAN AMENDMENT - SERVICE STATION SITE
De a r Mr. cu t r 0 :
Please be advised that the modified conceptual Master Drainage
Plan to provide for a service station does not create any
additional drainage impact since the run-off is essentially the
same as computed for the original use.
Should you have any questions, please do not hesitate to contact
our office.
Very truly yours,
ENGI NEERS, INC.
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cc: Chuck Yannetti, Kilday & Associates
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City of Boynton Beach, Florida
Planning and Zoning Board
This application must be filled out completely and accurately and
submitted, together with the materials listed in Section II below, in two (2)
copies to the Planning Department. Incomplete applications will not be
processed.
Please Print Legibly or Type all Information.
I. Es~s8Bb_l~EQB~BIlQ~
1. Project Name:
Knuth Road P.C.D.
2. Type of Application (check one)
--.------ a. Rezoning only
-.----..--- b. Land Use Amendment only
XX c. Land Use Amendme:'nt and Rezoning
.-.---------
3. Date this Application is Accepted (to be filled out by Planning
Department):
4. Applicant"s Name (person or business entity in whose name this'
application is made): Bill R.Winchester;Elsie A.Winchester,individually;
Elsie A.Winchester as Trustee; Ruby A.Winchester,
The W i-~~h~~t~-;'-F;;dl y--p~";:t;~-;:;hip~itd-:-Bill-R-:winchesTer:-:Gen-:P art n e r
Addr ess: ,__.9.19-9__NJ-_<?~.~]'~__J3_l..Y..9_~_______..______________________________
Boynton Beach,FI. 33436
Telephol"le.
NLI mb er : _ _~.-9 J_=- J 3.3..::-)2_5>..]_ _ __ _ _ _ ____ __ ___ ___ _____________ ___________
5. Agent"s Name (person, if any, representing applicant):
Address:
l<~F3_l!__'LJJ_<jJj3..Y1101..9_9-..LJc_J\13~...9...9j.3_Le~_____________________
1551 Forum Place Suite 100A
------------------.---.--.----------.-------------------------
West Palm Beach,Fl. 33401
----------------.-----------------------------------------
Planning Department 1-86
paqe 1
~
Telephone
Number:
40$-689-5522
6. Property Owner's (or Trustee's) Name:
_ ___ ~~~ ~_ ~_~__ J~2_P}_~_9 il_!:_~_ _._ _ _ __ _______ _ __________ ________ _______
Address:
Telephone
NLlmber:
7. Correspondence Address (if different than applicant or agent):*
* This i5 the address to which all agenda5~ letters~ and other
materials will be mailed.
8. What is the applicant's interest in the subject parcel?
(Dwner~ Buyer, Le5see~ Builder~ Developer~ Contract Purchaser, etc.)
Owner
------------------------------------------------------------------
9.
street Address or Location of Subject Parcel:
Southwest corner
of Boynton Beach Blvd. & Knuth Road
------.-------------------------------.-----------------------------
10.
Legal Description of Subject Parcel:
See attached Exhibit "A"
-------------~--------------------------~--------------------------
-------------------------------------------------------------------
-------.------------------------------------.--------------------------
--------------------------------------------------------------------
-------------------------------------------------------------------
11. Area of Subject Parcel
(to the nearest hundredth (1/100) of an acre):
13.871 acres
-----------------------------------------------------------------
Planning Depart~ent 1-86
page 2
,A
EXHIBIT "A"
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At-t- tJ~ rRAClTs 9 AA/O I~ LYING 5~t//1I C1~ AlEI1/ 8cJj/)//t:1"V R~,40 (' -5/"r/Tc-
'R~/!LJ A/t1, gt:1~) A#O 'rR~~/"5 &3/!A/t? 2'4/ PALM 8cA e,L/ /'/lRM..5'
t:J~k1"c;/!,1/Y PL'/// /f/p, g; /1 C!t:'cJR't7/A/~ 7tt1 T//E "cL/f/" )';t/ERE~"c /?'EeC1R'OcO
IA/' r:'LAr .8cJc;/ 5" A/ ~/JO:E 73 ~/" 7#E ~~8L./c RcC!.:::>,/?os-.:::fr:-
/?4LM .8E/! tf# t:!tflC/A//~ r:-'cc?A"/C?A, .LESS T/-IE EAS7'" /5;t) /7E/ /A"..:rfcL7~
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12. Current Zoning District:
Agricultural Residential
----------------------------------------
13. Proposed Zoning District:
Planned Commercial Develonment
----------_._----------------~-----------
14. Current Land Use Category:
_~l!~l_L~~~I]_~y.L_________________________
15. Pr oposed Lan cJ Use Ca t E~g or y: ~_?.!!!.~~t.::.~:!:.~~_~~~~l_IiE2..t..Cl:tl______________
16. Intended Use of Subject Pay-eel: _._t~~_~_Q.~__________________________
------------------------------.--.-----------------------------------
---------------------.--------------.-------------------------------
17. DE?Veloper or Bui 1 der: ___~~_~_~r:.!.A2.P....J.:.:!:_s_'~'...ll.t.___________________________
--------------.-----------.-----------------------------------------
113. Ar c t, i tee t : _,_0.../..9____._______._________.___________.__.____________________________
19. Landscape Architect:
KIlday & Associates
---------------------------------------------
20.
Site Planner:
,____K...:i".lsi_as_-.&_..As.s..o c ; ;:J t.e.s..___________._....______._.___________
Rossi & Malavasi
21.
Civil Engineer:
------~-------------------------------------------
22. Traff i c Engi neer: K __~~_~_o_~_~_:..~_,~_o_.?_~_::}:~_~g~~~J._r:~_e.!_s___________________
23. Surveyor:
j) JI.!'..r _i_~I1_,..SJJj..t..e..r_._&... ..o...!.Br ie.rL,.ln.c....-- - - - ------ --- -------------
II. ~eI~BIBb~_IQ_~~_~Y~~III~D_~!IH_6EEb!QeI!Q~
The following materials shall be submitted, in two (2) copies.
(check)
x
a.
This application form.
x
b.
A copy of the last recorded warranty deed.
x
c.
The following documents and letters of consent:
( 1) I f the propE>l~ty i~; LInder j oi nt Ol~ several oWnf?rshi p: A wri t ten
consent to the application by all owners of record, and
(2) If the applicant is a contract purchaser: A copy of the
purchase contract and written consent of the owner and seller, and
(3) If the applicant is represented by an authorized agent: A copy
of the agenc~ agreement, or written consent of the applicant, and
(4) If the applicant is a lessee: A copy of the lease agreement,
Planning Department 1-86
page 3
.
.-,
and the written consent of the owner, and
x
(5) If the applicant is a corporation or other business entity:
The name of the officer or person responsible for the application,
and written proof that said person has the delegated authority to
represent the corporation or other business entity, or in lieu
thereof, written proof that he is in fact an officer of the
corpc)l~ati on.
x d. A sealed boundary survey of the subject parcel by a surveyor
registered in the State of Florida, dated not more than six (6) months
prior to the date of submission of the application, at a scale
prescribed by the Planning Department, and containing the following
infoy-mation:
x
(1)
An accurate legal description of the subject parcel.
x (2) A computation of the total acreage of the subject parcel to the
nearest hundredth (1/100) of an acre.
x (3) A tree survey, which conforms to the requirements of the City of
Boynton Beach Treo Preservation Ordinance. This requirement may be
waived by the Planning Director where found to be unrelated to the
land use or zoning issues involved with the application.
__:'__12. A compJet:e c:erti.fied list o.f all prClperty owr1ers, mailing ;addresses,
and legal descriptions for all properties within at least four hundred
(400) feet of the subject parcel as recorded in the latest official tax
rolls in the county court house shall be furnished by the applicant.
Postage, and mailing labels or addressed envelopes must also be provided.
Said list shall be accompanied by an affidavit stating that to the best
of the applicant's knowledge said list is complete and accurate.
Notification of surrounding property owners will be done by the City of
Boynton Beach.
x f. A copy of the Palm Beach County Property Appraiser's maps showing all
of the properties referred to in paragraph e. above~ and their relation
to the subject parcel.
__~_g. A st.'1tement by thr:? appl icant justifying the zoning requested~
including reasons why the property is unsuitable for development under
the e:dsti'ng zoninq and more suitable for development under the proposed
zoning.
__~_h. A comparison o'f the imp.",cts that would be cr-eated by development
under the proposed zoning, with the impacts that would be created by
development under the existing zoning, which shall include:
(1) A comparison of the potential square footage or number and type
of dwelling units under the existing zoning with that which would be
allowed under the proposed zoning or- development.
(2) A statement of the uses that would be allowed in the proposed
zoning or development, and any particular uses that would be
e:.:cl uded.
Planning Department 1-86
page 4
.
J'
x
(3 )
Proposed timing and phasing of the development.
nlg_(4) For proposed zoning of property to commercial or industrial
districts, where the area of the subject parcel exceeds one (1) acre~
a market analysis shall be submitted. Said market analysis shall
estimate and take into consideration the availability of all other
properties within one and one-half (1.5) miles of the subject
parcels~ which are zoned for uses similar to those proposed on the
subject parcel, and shall estimate and take into consideration the
vacancy rate of all existing buildings within the same distance which
are occupied by uses which are similar to those proposed on the
subj ('?ct pan:el.
x
(5) A comparison of traffic which would be generated under the
proposed zoning or development~ with the traffic that would be
generated under the current zoning; also~ an analysis of traffic
movements at the intersections of driveways that would serve the
property and surrounding roadways~ and improvements that would be
necessary to accomodate such traffic movements. For proposed
cIevel \':Jpment'5 \'IIhi ch l'lloul d generate tht-e,e-thoLlsand (3~ 0(0) vehi cl e
trips per day or more, or two-hundred fifty (250) or more
single-directional vehicle trips within a one (1) hour period, a
traffic impact analysis shall be required. Said traffic impact
analysis shall include projected trip generation for the development,
for all major roadways and intersections within one and one-half
(1.5) miles of the subject parcel, as well as traffic that would
utilize local streets through residential zoning districts. Said
traffic impact analysis shall compare traffic levels between the
existing zoning and the proposed zoning or development of the subject
parcel~ and shall take into consideration all development that would
be possible under the current zoning within the City~ adjacent
cities~ and within the unincorporated area of Palm Beach County
within a radius of five (5) miles. For those parcels lying in the
unincorporated area of Palm Beach County, which are not currently
zoned for urban land u5e5~ the potential land uses according to the
Palm Beach County comprehensive plan shall be used. Where said
parcels are shown on the Palm Beach County comprehensive plan under
residential land use categories, the midpoint of the density range
shown on County comprehensive plan shall be used. Where a
county-wide study of traffic generation at build-out has been adopted
or i~ utilized by Palm Beach County~ the levels of traffic that are
projected by said study shall in all cases be used to project
background traffic in the traffic impact analysis submitted by the
ap~licant. The format and standards used in the traffic impact
analysis shall be the same as those which are required by Palm Beach
County~ with the exception of the requirements listed above. Such
traffic impact analysis shall include recommendations for the
mitigation of traffic impacts~ consistent with the standards which
have been adopted by or are utilized by Palm Beach County.
_x__(6) For parcels larger than one (1) acre~ a comparison of the water
demand for development under the proposed zoning or development with
water- demand under the Ell.: i st i ng zoni n9. Water demand .shall be
estimated using the standards adopted by the Palm Beach County Health
Planning Department 1-86
page 5
.'
Department fer estimating such demand~ unless different standards are
justified by a registered engineer. Commitment to the provision of
improvements to the water system shall also be included~ where
existing facilities would be inadequate to serve development under
the proposed zoning.
x
(7) For parcels larger than one (1) acre, a comparison of sewage
flows that would be generated under the proposed zoning or
development with that which would be generated under the existing
zoning. Sewage flows shall be estimated using the standards adopted
by the Palm Beach County Health Department for estimating such flows~
unless different standards are justified by a registered engineer.
Commitment to the provision of improvements to the sewage collection
system shall also be included, where the existing facilities would be
inadeguate to serve development under the proposed zoning.
_~L~ (l:l) For propos(,?d res:i c1Emti .:::\1 devell::>pments I f.lrger than one (1.) acre~ a
comparison of the prOjected population under the proposed zoning or
development with the prOjected population under the existing zoning.
Population prOjections according to age groups for the proposed
development shall be required~ where more than fifty <50) dwellings,
or 50 sleeping rooms in the case of group housing, would be f.lllowed
under the proposed zoning. Applications for rezoning to commercial
or industrial zoning districts which exceed one (1) acre in area
shall alse provide prOjections for the number of employees.
(9) At the request of the Planning Department~ Planning and Zoning
Board, or City Council, the applicant shall also submit proposals for
minimizing land use conflicts with surrounding properties. The
applicant shall provide a summary of the nuisances and hazards
associated with development under the proposed zoning~ as well as
proposals for mitigation such nuisances and hazards. Such summary
shall also include, where applicable, exclusion of particular uses,
limitations on hours of operation, proposed location of loading
areas, dumpsters, and mechanical equipment, screening of service
areas and mechanical equipment~ location of driveways and service
entrance, and specifications for site lighting. Nuisances an hazards
shall be abated or mitigated 50 as to conform to the performance
standards contained in the City's zoning regulations and the
standf.lrds contained in the City's noise control ordinance. Also,
statements concerning the height. orientation. and bulk of
5tr~ctures, setbacks from pro~er~y lines, and" measures for screening
and buffering the proposed development shall be provided. At th~
re~uest of the Planning and Zoning Board or City Council, the
applicant shall also state the type of construction and architectural
styles that will be employed in the proposed development.
(10) At the request of the Planning Department, Planning and Zoning
Board, or City Council, the applicant shall also submit the following
information:
(a) Official soil conservation service classification by soil
associations and all areas subject to inundation and high ground
water levels.
Planning Department 1-86
page 6
Cb) Existing and proposed grade elevations.
(c) Existing or proposed water bodies.
Cd) Form of ownership and form of organization to maintain common
spaces and recreational facilities.
(e) A written commitment to the provision of all necessary
facilities for storm drainage, water supply~ sewage collection
and treatment, solid wastm disposal, h2zardous waste di5posal~
fire protection~ easements or rights-of-way, roadways, recreation
and park areas, school sites, and other public improvements or
dedications ~~ may be required.
_X_(11) Fo~- I~,,;,::~onings::. -\:0 pL:.\nn!::!d 'Zoning distt-:i.c:t~:;, UH? specific
requirements for submission of applications for rezoning to such
districts shall also be satisfied. Furthermor~, all materials required
for a subdivision master plan shall also be submitted.
I I r. BE:E''=l~eI.lQ!:~'-E~g;}~ Fees 5haJ. 1 bi? p.:d d ,,-,-t the t i mt? tha.t the appl i cati on
is submitted, according to thm fees which have been sdopted by
ordinance or resolution. The Planning Department will inform the
applicant as to the fees which are required. All fees shall be paid by
check~ payable to the City of Boynton Beach.
I"
......
g~BIIE1.G;!9IIQtJ
(I) .:t1Je) 1..\riderst(7:\rH~J tJ"h.-::l't: .tl,is ,-applic~ltic,n f7\nO' all plan c1,-,d pape~-s;.
submitted herewith become a part of the permanent records of the
F'l.:lnni. n9 "mcl ZClrl i nq Board. ( I) (We) hereby' cer.ti f y that the above
'statements and any statements or showings in any papers or plans
submitted herewith are true to the best af (my) (our) knowledge and
belief. This application will net be accepted unless signed
"dfi2;;ZL}~:~i::2:t~ons b~loN. ___L21--1E_____
8i gna-ture of Owner (s~ Trusi:r.~e. Date
or Authorize~ Principal if property
is owned by's corporation or other
business entU:y.
v. a~I~QBI~BIIQ~_QE_B~~NI
~8~~~~,,".~.
/_~ J- 9t1
---~------~----
Date
(I) ClL}e) h~?rr~.b':l de~;ignc:\.tp. thl~ nbove signed person
,y I <>gen;1ti"L'itr::,0 thi~ rPl icati on.
&tL__~_~'0_..cU:Xl_/a'
Signature of Owner(~) ~ Trustee,
as (my) (Olll'-) aLttt10rized
_.____L:.22-:24._-_--
Date
Planning Depnrtment 1-86
pi:\ge i
~
-"---
(b) Existing and proposed grade elevations.
(el Existing or proposed water bodies.
Cd) Form of ownership and form of organization to maintain common
spaces and recreational facilities.
(e) A written commitment to the provision of all necessary
facilities for storm drainage, water supply~ sDwage collection
and treatment, solid wa5te disposal, hazardous waste disposal,
fire protection, easements or rights-af-way, roadways, recreation
and park areas, school sites, and other public improvements or
dedic~tions ~= (nay be reql.lired.
_1.<__(11) FQt- l~cO';,~;;:)rlinCl":::- "l:o pl<.\nned zoning distt-ict~:;, thE? ~:-pecl'tlc
requirements for submission of applications {or rezoning to such
districts shall also be satisfied. Furthermore, all materials required
for a subdivision master plan shall also be submitted.
III. eEEblQeIlQ~_E~g~~ Fees shall be paid at the time that the application
is iubmitted~ according to the fees which have been ~dopted by
ordinance or resolution. The Planning Department will infcrmthe
applicant as to the fees which are required. All fees shall be paid by
c~~ck, payable to the City of Boynton Beach.
III
v.
~sBIIEI~aI1.Qt:J
(I) eWe) understand that this application and all plan and papers
submitted herewith become a part of the permanent records of the
Pl.:\nninq and Zoning Board. (!) <VJe) hereby" c:er.tify ttH\t the above
. statements and any statements or showings in any papers or plans
5ubmi .tt(?d hE're~..,d th ,",roe tt-ue to the bc,~st o.f <my) (oLlr) knowl edge and
belief. This application will not be accepted unless signed
according to the instructions below.
~ ~~(}ttJ~~
/ --------------------------------
Signature of Owner(s) or Trustee,
or Authorize~ Principal if property
is owned by'a corporation or other
business entity.
___~~~~LP~____
Date
'.J.
B~I~Q81~BIIQ~_QE_e~~~I
~ r{.t1Ladz~~e~.
;:>1 gnatLln? of ~~'I:hOl-i ::r~~~;;~t7 (
/ - 02 0", 9'~
--------~-~~----
Date
< I) (t'!e) h~?r(~by de~;i gncyte till? .nbove sf gned perSCJr,
~gent with regard to this application.
~ _~JJ_~---------
Signature of Owner (5) or Trustee,
a~:; (my) (our) Ciutt10rized
"-____L:.2.-2.:t.~--~._
Date
Planning Department 1-86
p,:\ge /
.:.
.
(b) Existing and proposed grade elevations.
(c) Existing or proposed water bodies.
(d) Form of ownership and form of organization to maintain common
spaces and recreational facilities.
(e) A written commitment to the provision of all necessary
facilities for storm drainage, water supply~ sewage collection
and treatment, solid waste disposal, hazardous waste disposal,
fire protection, easements or rights-af-way, roadways, recreation
and park areas, school sites, and other public improvements or
dedications ~~ may be required.
_){._(11) FCit- n?:~orJing',:; .to planned zoning distt-:i.ct~"~ thf.~ specific
requirements for submission of applications for rezoning to such
districts shall also be satisfied. Furthermor8, all materials required
for a subdivision master plan shall also be submitted.
III. eeELIGer!Q~_EEEg~ Fees shall be paid at the time that the application
is submitted, according to th~ fees which have been ~dopted by
ordinance or resolution. The Planning Department will inform the
applicant as to the fees which are required. All fees shall be paid by
c~eck, payable to the City of Boynton Beach.
IV. g~8IIEl~aIIQN
Cl) (We) understand that this application and all plan and papers
submitted herewith become a part of the permanent records of the
PI ;.mn:i. n~l and ZClrli ng Board. (I) (\lJe) hereby cer.ti fy that the above
statements and any statements or showings in any papers or plans
submi tt:?d here~...,i th are tnJe tCI the b<:~~;t Cl'f (my) (oLlr) knowl ~~dgE' and
belief. This application will net be accepted unless signed
according to the instructions below.
/'< ~t.,l4J.J1_d~i"~
Signature of Owner(s) or Trustee,
or Authorize~ Principal if property
is owned by's corporation or other
bLlsi.ness entity.
l-;S-9tJ
__L_______~--_---
Date
v. a~I~Q61~BIlg~_Qf:_BG.s~I
____~___ __QLM/a&2 ~ F ~
~ignature of Authori=ed~t '
__L~;.l.d-__.-
(I) <ltJe) hl':?rt-~by de~;i gn<:\te the above f::',i qned perser,
agent with regard to this application.
y _~J't'-!Ll.~r~
Signature of Owner(s) or rrustee,
as (my) (ow-) authorized
/ - c:? S' 9tf
._-----------~~----
Date
Planning Dep~rtment 1-86
p;,?ge /
- ---~---_._~-
,
(b) Existing and proposed grade elevations.
(c) Existing or proposed water bodies.
Cd) Form of ownership and form of organization to maintain common
spaces and recreational facilities.
Ce) A written commitment to the provision of all necessary
facilities for storm drainage~ water 5upply~ sewage collection
and treatment, solid wastm disposal, hazardous waste disposal,
fire protection~ easements or rights-of-way, roadways, recreation
and park areas, school sites, and other public improvements or
dedic~tions as may be required.
_~_(11) Fot'- r'2<_~i::>nings to pla,nned zoning di5trict~:;, thE? specific
requirements for submission of applications {or rezoning to such
districts shall also be satisfied. Furthermore, all materials required
for a subdivision master plan shall also be submitted.
III. eEEbIgeIIQ~_E~g~~ Fees shall be paid at the time that the application
is submitted, according to the fees which have been &dopted by
ordinance or resolution. The Planning Department will inform the
applicant as to the fees which a~R requi~ed. All fees shall be paid by
check~ payable to the City of Boynton Beach.
IV. ~~8IIEI~eILQN
el) (We) understand that this application and all plan and pape~s
submitted herewith become a part of the permanent records of the
Pl<:mni.r1<;) cmd Zcminq Board. (I) (~'JE,') hereby l::ertify .that the above
. statements and any statements or showings in any papers or plans
submitt~d herewith are true to the best of (my) (our) knowledge and
belief. This application will not be accepted unless signed
~acCOrding to t:-1e in;r~n;";';;ns beloN. j _ ~S... 7tJ
~ ' ---- ~~-~&~~-~/ --~------jT------
Signat re of Owner(s) or Trustee, Date
or Authorize~ Principal if property
is owned by'a corporation or other
bLlsiness entity.
.
a~I~QBIZaIIQ~_QE_B~gNI
. /"1 ~ .
_______ ___~~~~ __ _e ~
Signah,r_ of Authorized -,g~'
--,L~-!-:/P--_.-
Date
v.
(I) (t'le) h~?rel:>y de~;i gnc:\.tp- the cnbove si gned perSClri
1 <:'lgent ~'Ji .th l~eg(:H-d .I:~th is ,::\pp 1 i C.::It ion.
y s~~~~ff~~;;;;,
as (my) (oLlr) .!ILlthorized
.._.___L:'d~':~!----
Date
Planning Dep~rtment 1-86
p;:\ge 7
..~._-*~-
(b) Existing and proposed grade elevations.
(c) Existing or proposed water bodies.
Cd) Form of ownership and form of organization to maintain common
spaces and recreational facilitios.
ee) A written commitment to the provision of all necessary
facilities for storm drainage, water supply~ newage collection
and treatment, solid waste disposal, h2zardcus waste disposal,
fire protection, easements or rights-cf-wav, roadways, recreation
and park areas, school sites, and other public improvements or
dedications ~5 may be required.
_.2(_(11) FCH- r,,~:~Qnings. to planned zoning distt-ic:t~~~ tht~ specific
requirements for submission of applications for re:oning to such
districts shall also be satisfied. Furthermor8, all materials required
for a subdivision master plan shall also be submitted.
III. eEEbl~eIlQ~_E~g~~ Fees shall be paid at the time th~t the application
is submitted, according to the fees which have been &dopted by
ordinance or resolution. The Planning Department will inform the
appl i cant as to 'l:he f E,?ef;'; whi ch ,;:\rE~ re.qui red. I~ll of f?eS '5hall be pai d by
c~eck, payable to the City of Boynton Beach.
It,
V.
,gS;8IIEl.GBIIQt1
(I) (We) understand .tha't this application and all plan and papers
submitted herewith become a part of the permanent records of the
F'l;.mni. nc;,.l cmd ZCln i ng Board. (!) n.Je) t1ereb;.- i:ert i. f Y that the above
'statements and any statements or showings in any papers or plans
submitted here~'Ji-l:h .3re b-ue tel the b8!::.t o.f (my) (our) knowlf?dge and
belief. This application will not be accepted unless signed
-c:rord)' ne' -1-0 ~.I- P J' ne:'I-r,",,\-.t). on"" bp} .......
/x AL~~~~-_~~-~:_- - _"v'" ___L2L1L____
Signature of Owner(s) or Trustee, Date
or Authorize~ Principal if property
is owned by'a corporation or other
business entity.
.
v. Q~I~Q81~eIIQ~_QE_eG~~I
~~~_Q4!~~t!'.~.
~~~-Of AuthQri~~gen. '
/-21- 9d
----------~!_----
Date
e I) (lIJe) h~?n=:'l:Jy desi gna.te the <1bove S",i gned persor.
tgen)ZZ/7d to this ~pplication.
y LU1K---0:z1~-Q~----_._._-----
Signature of Owner (5) or Trustee~
as (my) {OLlI'"') authorized
/-2s-901
-~---------~~-----
Date
Planning Department 1-86
p,:\ge 7
--.>:-
MEMORANDUM
5 September 1985
TO:
FROM:
Bill Flushing, Deputy City Engineer
Jim Golden, Assistant City Planner
RE:
Knuth Road Associates Annexation and Land Use Element
Amendment/Rezoning request.
Accompanying this memo is a copy of a boundary survey for the above
referenced annexation request. Please provlde legal descriptions
for the right-of-way for Old Boynton Road and Knuth Road which abuts
the pro per t y d'e s c rib e don the sur v e y .
Thank you.
"
~ j. AJ.,L
Aames .!. Gol den
Assistant Ci~y Planner
/l at
Attachments
A IOi/~C;oA dl I< NvHJ f(~r.J y"l..tt --of.. - .......c't IAr St'c-/'o:' /1/Jc'J<.AJIJ!>l'iA 4,)'
so"'+~/ Ra..Q( 43 134s1 fVl"vt: fJdV./-,c..u(&<....r'(. dCSc.I.n~f.J Ol~ _/L..I- 1'a....1
~ ( --> " 'b r 3040/- '''' 'Y't4. It.....,
o {- fk. Sa, d f::, /l)U ~ RuJ Vl1 ~J - 01- I.-UCA ;'~ (~r ~r be IA/{~ VI fir f
~,~{4-o{- ~ot (,~' of -~-I~--J3"r~;'~ /to.d ~~J ~ (,"<
f'~."II.( f. "..f 4-QS-. p. .(",1- ~~ ~ -5:a,~ G:J4 v,~I,:I-o{ -'^""t
((~f:. ~
.DT'"rlfT~lJf ~W,fl /,Jr:S{~]"fT:r()1tI - kllv,Tt/ ~pAJJ A-.s$-C. tt-IINI3XArl~A
1''I'lA. ~13~<<I:.sr
cV ~r; ~0'YLt'
APPLICl\TION 'i'O 'i'i.:::: CI-:;:"i OF BCnnOn ELJ..CH
FOR LAND USE .~.HENm.~ENT
AND REZONING
Date
PLEASE PRINT OR TYPE
1. Name of Applicant
F. Martin Perry, Esquire
2. Name of Owner of Property Knuth Road Associates
(please indicate name or names as it
appears on the Deed)
3. Address of Property IOluTff J<D. ItT &L-J) jJo)',N'ToN' ;(D. " .5~Ul TIIE/ts T (tl/(;1IEK
4. Legal Description of Property:
Tract 48, Less South 128.5 feet
thereof acc~rdinq to the Palm Beach-}iiami Land & Development
Co. Plat of Subdivision of Section 19, Township 45 South, Range 43
East. recorded in Plat Book 7, page 19
'.
5. How is the property presently zoned? Palm Bch. Co. - Agricultural fAR)
Residential distric1
6. What is the land use shown on the future land use plan for the City
of Boynton Beach? (.Q/1/'JEJU:rAt. ',rEllrJ'Al t'l1f,,(NryJ
7. How do you want the property to be rezoned? PCD
8. What do you want the future land use plan for the City of Boynton
Beach to show? Orr~cE COl1l1rRc.:J/tL-
9. How will the property be used after this land use amendment and
zoning change? Professional offices
IMP 0 R TAN T
Before any application for Land Use Amendment, zoning or re-zoning will be
considered by the Planning & Zoning Board and the City Council, a scale
sketch or tracing clearly indicating the property to be re-zoned must
be attached to this application. This sketch must show surrounding
streets and property ,vithin a distance of 400 feet of the property to
be changed. If the sketch is not attached your application cannot be
considered.
A $300.00 fee must accompany each application.
Any reason you may have for requesting this land use amendment and zonlng
change may be indicated in an attachment to this application.
I hereby grant permission to the Planning and Zoning Board to post
a sign on the above described premises statt)" 9 that a ch nge in
zoning has been requested. ,
( \
SigI)€i ttrre
5~1 S. Flagler 302
Address
West Palm Beach, Florida 33401
305-655-5955
Telephone Number
. - - ~'. - .
. r\ <"I - ';. _ ,.... .;...~. --_.- ._'!....,._ -
.L.. '~.,_.-"
.,..'.:..~. --j..:,.:::<::...::--"". .~...., -:-~..::::
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~._--.... :"-~~"':::'-'~~':":::~~::-.~: :":-:::.::,.-.-
. .; ........~..~ ....
. 'f:.'
CAPITOL PROFESSIONAL CENTER
Project Planner
Kieran J. Kilday
1551 Forum Place
Suite 100
West Palm Beach, Florida 33401
689-5522
Project Engineer
Ken Rogers
Centre Place Professional Park
1495 Forest Hill Blvd.
Suite F
West Palm Beach, Florida 33406
964-7300
Project Surveyor
O~Brien, Suiter & O'Brien, Inc.
2601 North Federal Highway
Delray Beach, Florida
Project Developer
Knuth Road Associates
1551 Forum Place
Suite 100
West Palm Beach, Florida 33401
684-1040
/
.;/
;,
CITY OF BOY~TO:\ BEACH, FLOHIDA
APPLICA TIOl\' FOR 11NNEXA TION
.'
"
I.
i~ DATE APPLICATION FILED:
ii DATE OF TENTATIVE APPROVAL: REJECTION:
I.
I.
I D/\ TE OF CO~'lPLETION OF ANNEXA TION REPORT:
I.
I.
r Di\ TE OF ORDINANCE PROPOSAL:
I;
:: DA TE OF ORDINANCE ADOPTION'
" .
",il
,:
J; DA TE OF REFERENDUM IF REQUIRED:
j.
~ I
Ii RESUL.:S OF REFERENDUM: FOR
Ii DA TE ANNEXA TION BECOMES EFFECTIVE:
'I
I
I
ORDINA NeE #
REJECTION:
AGAINST
..
I
: DO NOT '0.TRITE ABOVE THIS LINE
'I
II .
Ii Name of Developer/Owner: .Kn~,:~ Road Associates
il Area of Subject Property: 158,55'" 4 ; .
Ii Estimated Present Population: 0
I~ Existing Zoning: Agricultural-
Ii .Kesldential
Ii Proposed Zoning: Planned CommercialDensity Allowed:
I Development
I;
:1 EXISTING UTI LITIES
I
I
I
FOR DEPARTMENTAL USE ONL
GENERA L DA TA
Sq. Ft. or
:., ,/15
-3~
,
/ /-..
A cre~
Density Allowed:
1/5
d. u. Is/acr
d. u. 's/acr
'0.Tater:
NODe
\Vastewater Collection:
None
Solid \Vaste (garbage):
None
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ST..\ TE:\rE:\' T OF USE
I
Existing Use:
Vacant
I:
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;: Proposed Use:
66,000 square
"
:. feet of
'.
i,
PCD consisting of approximately
3.IfH /.;t.,
<1
buildinq floor area on 3~4 acres.
Proposal is to
I: accomodate a mixture of professional 'offices!
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I; ExpresS. in your own words
1 Beach, Florida:
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JUSTIFICA TION
why this annexation will be beneficial to Boynton
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This parcel of land is located within the City of Boynton Beach
annexation area. It is contiguous to lands already lying within
the City of Boynton Beach. In f act ~ it lies' w'i thin 'a 'pocket' of
. .
]ands surrOllnop-o p-ssentiallv on three sides bv the City of
Boynton Beach and therefore, represents an infill parG~~ fQr
annexation into the city.
EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED
Tract 48, less the south 128.5 feet thereof according to'
the Palm Beach-Miami Land and Development Company' plat of
subdivision of Section 19, Township 45 south, Ranqe 43 east,
recorded in Plat Book 7, page 19, Palm Beach County, "Florida:....
A-3
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r~~ BOYNTON BE
.:. _-'i;} CORPORATE
~ LIMITS.
APRIL,I375
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Name of Development jOwnerCAPITOL PROFESSIONAL CENTER/KNUTH RD. ASSO
Locate the subject property on this mop and shade in the- area.
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APPLICANT'S CERTIFIGATION
(1) (We) affim and certify that (I) (We) understand and will comply with
the provisions and regulations of Boynton Beach, Florida Zoning Code.
(I) (~e) further certify that the above statements or diagrams made on any
paper or plans sub~itted herewith are true to the best of (my) (our) knowledge
and belief. Further (1)' (We) understand that thi:; application, attachments.
end fees become part of the Offi ci al Records of Boynton Beach, Flori da
and are not returnable. .'
.
APPLI CANT IS:
..
Own~r
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Opt; onee
F. Hartin Perry
Type Name of Applicant
Lessee
501 S. Flagler Dr., Ste. 302
Street Address
x
Agent (Attorney)
West Palm Besch, FL 33401
Ci.ty and State
Contract Purchaser
655-5955
,Telephone Number
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A-5
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.
See attached authorizatio~
Signature of Owner(s) of Record
~
Knllt-n 'Rn.:=1r1 Associat:ps
Type Name of Owner(s)
F. Martin ,Perry
Type Name of Applicant
1551 Forum Place, Ste. 100
Street Address
,501 S. Flagler Dr., Ste. 302
Street h1dress
West Palm Beach, FL 33401
Ci ty and State
West Palm Beach, FL 33401
City and State
684-1040
Telephone Number
fiCjCj-CjqC;C;
Telephone Number
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The proposed Capitol Professional Center is comprised
of two four-story buildings consisting of approximately
33,000 square feet of gross building area. A total site
area of 3.64 acres is located on the southeast corner
of the intersection of Knuth Road and Old Boynton Road.
Access to the Capitol Professional Center is provided
via Knuth Road and Old Boynton Road.
This proposed development is unique in the fact that it
will provide well-needed professional condominium office
space. Currently under construction and located within
the immediate vicinity are the Boynton Mall and the
Boynton Beach Promenade. These two projects will serve
to greatly accelerate the growth and development of the
vicinity. This, in turn, will create a continuing need
for commercial and professional services within the
area.
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I: Rnd the grantor hereby couenanls wilh said granlee that the grantor is lawfully sei":.ed of said land
jI in fee simple: that the grantor has good right and lawful authority 10 sell and convey said land; Iha! the
'II granlor here;')' fully warrants the fille. to said land and will defend the same against the lawful claims of
! all persons whomsoever; and that said land is free of all encumlnances, except taxes accruing subsequent
V~ 10 December 3:, 194.
t>o!uantuy'as N ...2. 7 h 0.\ :;: 0
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ERNA Y ~ V~A \L):;..R ~h0"" ,oJ' HCORmo. u,E
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I HE.REBY CERTIFY thaI on thi, ca\". hefore me. an olflrrr duh' I
I,; au.horill'd III the 5la,r all\n.,~iJ and in the Count\' aforesaid 10 take i
!. arknuwjl'd~I\l.,"t'. \.H'rsunan,: "p}.ll"a,,'d I
i C. Stanley Weaver and Erna Y. Weaver, i
0:' hi~ wife, I
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I. 10 fUr- ;"lI{l~.nl..)(J tH'o th." J..>C'f~on S lh"i(nbrd 10 anC "".ho f"xt'Cutr-C t!H" I
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, ,fDi,.~o.o,"~ .1ll:'lrVn',..m 'and they a, kno"";,,cl(rc belor.. nle that they I'
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o ..'.'.,'> My Comml~ion Ex,.~ Octo-bel' 26. 1985
Bon":oc thru M~a (;ORdlng Agency
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February
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c. STA~~EY WEAVER A'D ER."A Y. WEAVER, HIS 'NIFE,
1'l'reill"Jlr'r ("(1/1,.rl II". qrnlllur, 10 K ~ UTH ROAD ASSOC IA TES, a Florida genera!
partnership,
u./lo,~,' J>o.~loJ!in' uJdrc'-'~ I.' 1436 N. Congress Ave., West Palm Beach, FL 33401
JJ('r('ill,dll'r ("ull,.,l tllr '/larll,"':
I \\.h,..,....oII.' lI...rd hf"""'1I1 ,lll. ""rn", . 'Cr311I1U" iilnd "t(r~n[rr" induct.. all lOr- p~'ljt'.. tn thl" inSlrum~nt and
.flr llt'I". In:",,; tt"Jur..,.HI."lII\r'lo ano ......,...'1) 111 .ndl\.JduAh. and thr- 'loUrcC")'u.n .and a..~n(n~ of corporations)
Witnesseth: Tlltll II", 'Ito,,/or, (or olld ill con~id('r(Itjon of tllf' sum of S to. 00 and other
,.ulual);'1' ..o".,,,Jr'rufiorl~. rl'rripl ",I,,'rl'll[ is 1'f>r('IJ\' orLnoll,'..,/ql'rl. IIl'rC'by ~Irorlls, f,orgains, sells. aliC'ns, re-
misl's. r('lf>asf's, {"Ofll'f'}'S Oll't' confirms wllo ttlt' granlC'l'. all tJlUl certain land situale in Palm Beach
COUllty, Flnrida, ..i":.:
TRACT 48 LESS South In.5 feet thereof according to the Palm ~.each-
Miami Land anc Development Company Plat of Subdivision o. Section
19, Towr.shipli5 South, Range 43 East, recorded in Plat Book 7,
page ! 9, Pu!:>! ic Records of Palm Beach County, Florida.
SUBJECT TO a First Purchase Money Mortgage of even date herewith
in the original principal sum of $513,325.00, given by Herbert A.
Brock, Andrew Brock, Peter Brock, and William S. Graham, General
Partners of Knuth Road Associates, a Florida General Partnership.
Iogdhcr
witlt all Ihe tenements. hereditaments and appurtenances thereto belonging or in
any-
wisC' appertaining,
Io HaLle and tD i{o!rl,
thC' same in fee simple furever,
In lUitncss 'tHhcrCDf, the said grantor has signed and sealed these presents the day and year
(irst a['Ot,e writ!en,
Signed. sealprl alld jJKwere!x o~~. presence:
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ST^' F. of'
COL'~TY OF
Florida
Palm Beach
RECORD VFRIFItL'
PALM 3Ef...CH COUI'{j"{ FlA
JOHj~ B, OUNK~ f.
CLERK C!RCUJT COURT
ThlJ /Wlmm(!l/ pnparrd hy:
Addm.\ ~& !',cl":~n
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PART~E~SHIP AGREEMENT
THIS AGKEE~ENT, executed in the Town of Palm Beach, Florida,
pi () (7
to be effecti ve as of the B/- d2.Y Of-7f~ ' 2. 9 YS-; between
HERBERT BROCK, A~~R?-~ EROCK, PE~ER BROCK, and W:~~~A~ S. GRAB AM
(herein referred to 2.S ("part:1ers"):
WIT N E SSE T H
The Partners desire to form 2. Se~eral Partnership for the purpose of
owning and operating real property situated in Palm Beach County,
?2.ori d2., to-w.:. t:
SEE SCHEDULE "A" ATTACHED HERETO
tooethe~ with a:l buildings a~c improvements thereon <if any), now or
~ereafter, ~herei~ referred to as ("Real Estate"), ',for the purposes
hereinafter set forth.
NOW, THEREFORE, ~n consideration of the mutual promlses of the
parties hereto and other good and valuab~e consideration, the receipt 2.~d
sufficiency of which is hereby acknowledged, it is agreed as follows:
ARTICLE 1 - NAME
:.01 The firm name of the Par~nership shall be K~UTH ROAD
ASSOCIAT.2S (~ereinafter referred to as "Partner-:hip").
AHTICLE 2 - TERM
".
2.01 The Partnership term shall continue until the date fifty
(50) years =rom the date hereo~ unless the Partnership is dis~olved sooner
in accordaDce with the Drovisions o~ this Agreement.
ARTICLE 3 - PLACE OF BUSINESS
3.01 The principal of~ice and place of business o~ the Part-
nership sha2.l be at such place or places as may from time to time be
designated by the Partners.
AQTICLE ~ - TYPE OF BUSINESS
~.~l The ~usiness of t~e P2rtnership shall consist of ownlng and
oper2ti~g t~e Real ~st2te as 2.~ .:.nvestment and, if deemed advisable by the
Part;:ersh.ip, for income procucinr; purposes and of carrying on 2ny and all
activi~ies ~ecessary, proper, conve~ient or advisable in connection there-
~it~ or relatec thereto.
The Partnership shall engage in :'0 ~ther
b'.lsiness.
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A?~IC~~ 5 - CAPI~AL ACCO~~~S
5.01 ~he Partners sha~~ have made contributions to the capital
. accounts of the Partnership as reflected on the books of the Partnership.
5.02 If, at any time or times hereafter, capital shall be
required for carrYlng on the ~~siness, such capital sha:l be advanced by
the Partners in the same percentage as their interest in the Partnership
shall stand from time to time.
5.03 No i~terest sha:~ be paid on any contributions of capital 1
the P2rtnership, except as may be hereinafter specified.
5.04 No Partner shall withdraw any part of the capital from the
Partnership without the co~sent of all the partners.
5.05 No Partner shall have the right to Gamand or recelve
property other than cash in return for his capital contribution.
5.06 If at any time the Partners shall deter~~ne that, in order
to protect or preserve real estate, additional funds are needed to meet t~
requirements of the Partnership, then any Partner may (but shall not be
,
obligated to) advance such funds to the Partnership as a loan, provided
that t~e remaining Partners approve each such loan.
Each such loan shal~
bear simple interest, until repaid,_ at the ra'te per annum that is made
~vailable to the Partnership by local financial instituticns as determined
by the concurrence of sixty percent (60%) of the Partners entitled to vote
~ ARTICLE 6 - PROF!TS AND LOSSES, SALARIES AND DRAWINGS
6.01 The profits and losses of the Partnership shall be
determined for each "fiscal year" (which shall be the calendar) of the
Partnersh~p In accordance with the accrual or cash basis method of
accounting, as determined by the Partners, and otherwise in accordance witl
the prin~iples and procedures applied for federal lncome tax purposes.
"Profits" ar:0. "Losses" as used herein include each item of Partnership
lnco~e, galn, loss, deduction a~d credit.
6.02 The Partners shall, except as may be, froH~ time to time,
agreed to the contrary by the Partners, share profits and losses in the
sa~e percentage as t~ei~ interest in the Partnersh~p stands from time to
t:.~e.
~he Partners s~all have the following in'terest in the Partnership:
PART~ER
I!\'':'ERES~
HE~!:,ERT ?,ROCK
A~=-~ 2\0,' BROCK
,::-':"::7 ER BROCK
40.5%
1.0.5%
9%
10%
~I~~:~~ S. GRA~A~
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6.03
~o ?2~~ne= s~a!: =ece~ve salary for serVIces rendered to
Partnership, except as ~ay be aoreed upon by t~e Partnership from time
time.
6.04
The Partners shall have such drawing and expense accounts
may be agreed upon by ,t~e Par~nership from time to time.
6.05
The cash flow from Partnership operations (except for sucr
reserves as the Partnership say determine from time to time to be neces~
for retention by the Partners~ip to carryon its business) shall be eis-
trib~ted by the Partners~iD at such intervals as deemed advisable. ~or
purposes of this Agreement, "cash flow" means all cash received by the
Partnership from any so~rce (including Partnership borrowings, subject t
.
the provisiohs in the preceding sentence, and the net proceeds from any
refinancing or sale of the Partnership assets), less cash expended for
debts and expenses of the Partnership, normal codtract payments, lease p.
ments, reasonab:e reserves and other expenses incident to the ~~siness 0,
the Partnership), principa~ p2yments on any Partnership indebtedness in
ca?ital expendidtures of the Partnership: Such cash flow shall De dis-
tributed in. accordance with the following priorities:
(a) All Partners' loans (including in~erest thereon)
referred to in Section 5.06 shall be repaid In full, ~~less
otherwise agreed to by su~h respective lender.
<:
(b) Any re~ainin~ cash flow shall be distributed to
the Partners in repayment o~_their capital contributions, 1n
the same proportions as their respective capital contributions
~ear to the total capita: contributions of all o~ the Partners.
(c) Any remaining cash flow shall be distributed to
the Partners in the same percentage as their respective inter-
ests in the Partnership shall stand from time to time.
~~~IC~~ 7 - VOTING, YANAGEMENTr DUTIES AND RES~R!CTIONS
7.01
Each Partner shall ~e entitlec to vote his respective
perce~tage interest, from time to time.
Unless otherwise stated
herein.specifically to the contrary, the Agreement~ vote or consent 0:
the P2rtnership as herein re~uired shall consist of concurrence of the
Partners owninc six~y (60%) ~ercent of interests ,~ the Partnership
~h~ch shall be bir.di~~ O~ a~: the Partners and shall constitute the
acts 0: the Partnership.
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7.22 ~~:ess ot~e~wise stated herein specific2~~y to t~econtrary,
.
the right to Inanage and conduct all of the business of the Partnership,
including, but not :imitec to the development, construction, management,
leasing and mortgaging of the Real Estate and in general the right to
borrow money on behalf of the Partnership, shall be vested in the Partners
7.03
Each Partner shal~ devote so much of his time and attention
to the business of the Partnership as is necessary for the Partnership
business.
7.04
The Partners and any member of the families of any of them,
and any other person or firm to which any of them is related or in which
any of them is interested, herein referred to as Affiliates, may engage in
or possess any Jnterest in other business ventures of any kind, indepen-
pently or with others, including, but not limited to, the purchase,
development, construction, lease, sale of other re~l ?roperty, other than
that which is inv~lved in this Agreement, for their own account cr for the
account of others.
The fact that a Partner or any such Affiliate may
encounter and take advantage of opportuni~ies to do any of the foregoing
the~selves or ?n behalf of others in whom they mayor may not have an
interest, shall not subject such Partner or Aff~:iate to any liability to
the Partnership or any of t~e Partners on account of the loss of
opportunity.
Neither the Pa~tne~ship nor any Pa~tne~ shall have any right
by virtue~of this Ag~eem~nt or the Partnership relationship created hereby
~n or to such 'ventures or activities or to the ~ncome or profits derived
therefrom, and the pursuit of such ventures sha~~ not be deemed ~rongful or
improper.
7.05
The Pa~tnership shall indemnify and hold harmless the
Partners fro~ any ~oss, damage, fine, penalty, expense (i~cluding
attorney's fees), :uc~ment, or &~ount paid in settlement incurred by the
Partners beca~5e of any act performed on behalf of the Partnership or 1n
furt~erance of its interests.
This shall no~ relieve a Partner of
liabili~y for fraud, ~ad faith or gross negliqence; nor shall there be any
indemni~ication, as herein prov~ded, in the event t~at a Partner shall be
adjuoqec 'to ~a.Je breached his fiduciary duty to ':.~e Partnership.
7.06
~o Partner shall, in the Partnership name or on behalf of the
Partnership, without prior written consent of t~e Pa~tnership first
obt.ained:
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(3) ~nuo:se any note or otherwise becom~ surety or
guarantor tor any person or act as an accommodation party for
any person.
(b) Borrow or lend money or make, deliver or accept
any commercial paper.
(c) Execute any mortgage, security agreement, bond~
or lease, or purchase, or contract to purchase, or sellar
contract to sell any property for or of the Partnership other
than the type of property leased, bought and/or sold in the
regular course of its besiness.
If any Partner shall take any action prohibited by
.
t~:s section, he shall indemnify and hold harmless the other
Partners against any liability the others shall incur by
reason of the prohibited action.
7.07
In the event that th~ Partnership borrows money from
a lending institution which requires 'that the Partners individually
execute the Mortgage, Note or other secujity instrument, each Part-
ner shall immediately s190 said Mortgage, Note or other security as
so requested.
7.08 The Partneiship may nominate others to hold- Partnership
assets 'on its behalf.
~ - A~TICLE 8 - BANK ACCOUNTS
8.01 The Partnership shall maintain checking or other accounts 1
such bank or banks as the Partnership shall determine.
Withdrawals shall
be mace on the signature of any of the Partners, and any other person, as
may be desicnated 1n writing from time to time by the Partnership.
A~TICLE 9 - BOOKS AND RECORDS
9.Cl
~he books and records of the Partnership shall be maintaine(
at the principal office of the Partnership and each Partner shall have
access thereto at all times. Audits shall be made as determined to be
necessary by the Partnersh~?1 and each Partner shall be furnished a copy (
the c3tlc.it report, if any, wit~in thirty (30) days after it.s completion.
ARTICLE 10 - A~DITIONAL PARTNERS
10.01 With the consen~ of all of the Partners, additional persons
way be admitted as Partners upon each such additional person making, or
agreeing to make, such contributions to the capital of the partnership as
s~all be aetermined by the Partne~ship.
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A~~=C~E :: - A~SIG~~~~~ A~~ ~R^\S~~R
11.01 Each Partner a9~ees that, except as may be approved, from
ti~e to time by the other Pa~tne~s, he sha2.l not t~ansfer, assign, sell,
pledge, hypothecate, or otherwise encumber, or dispose of his share of the
Partnership or asset of the Partnership o~ any part thereof, or any right,
titlA or in~e~est therein, c~~rer.tly owned or hereafte~ acquired by him,
except (i) to another then existing Pa~tner; or (ii) pursuant to a BONA
FIDE OFFSR made by o~ to a party who is not then a Partn~r (hereinafter
referred to as an "OUTSIDER"); and (iii) in acco~dance with the reCUlre-
ments hereinafter set fo~th:
(a) In the event that any Partner (hereinafter ~efe~red to
.
as the "SELLING PARTt\'ER") shall at any time desi~e to sell or
othe~wise transfer all or any part of his interest to an OUTSIDER 1n
accordance with the requirement set forth 1n section 11.01
su~paragraphs (ii) and (iii) above, then, 1n that event, the SELLING
PARTNER shall be required, before selling or otherwise transferring
his interest, or any part thereof, to such OUTSIDER, to first offer 1n
wr i ti!l? (the " IVANDATORY OFFER") to sell or transfer that interest, or
any part thereof, to the remaining Partners (hereinafter referred to
as the "NOK-SE:'LING PART~ERS") for the same price (or,.in the event
that non-monetary consideration is to be given, then at the option of
each ~f the NON~SELLING PARTNERS with respect to the interest to be
purchased by him, fo~ the cashe~uivalent the~eof [also he~einafter
referred to as the "price"]) an~ upon the same terms and conditions as
contained in the said BONA FIDE OFFER.
The SELLING PARTNER shall
atta~h to said MANDATORY OFFER a true and complete copy of the BONA
FIDE OFFER and a written statement containing the name and address of
the proposed OUTSIDER transferee and all terms and conditions of the
proposed transaction.
(b) Each of the ~O~-SELLING PARTN~~S shall have, and is
hereby granted, the absolute right to purchase his respective
"proportionate share" (as said term is hereinfater defined) of
all, but not less than a~l, of the interest offered by the
SE~LI~G PARTNER, as contained in the BONA FIDE OFFER; PROVIDED
EOAEVER, that written notice of such NO~-SE~LlNG PARTNER'S
6
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intention to exercise sucp- a~solute right shall have been glven
to the SELLING PARTNER within thirty (30) days following serVlce
of the MANDATORY OFFER upon suc~ NON-SELLI~G PART~ER.
(c) In the event that any NON-SELLING PARTNER fails to
affirmatively exercise the absolute right granted to him in
subparagraph (b) above, then the other NON-SELLING PARTNER(S)
shall have, and are hereby granted, the absolu~e right to
purchase all, but not less than all, of the remaining interest of
the SE~L=NG PARTNER, upon the same terms and conditions and for
the same price as contained in the BONA FIDE OFFER; PROVIDED,
HO~EVER, that written notice of such NON-SELLING PART~ER'S
intention to exercise said absolute right shall have been gIven
by such NON-SELLING PARTNER to the SELLING PARTNER within fifteen
.,
(15) days following the expiration of the thirty (30) day period
referred to in paragraph (b) above.
Cd) In the event that none of the NON-SELLI~G PARTNERS
exercise the absolute right granted ~to them in subparagraph (b)
above, then the SELLING PARTNER shall be entitled, during the
four (4) month period immediately following the expiration of
such forty-five (45) day period, to sell or otherwise.~ransfer
his interest to the OUTSIDER.
Such sale of his interest,
however, shall be made only upon the terms and conditions set
forth in the BONA FIDE O?FRR .and only to the OUTSIDER identified
in the ~ANDATORY OFFER.
Ce) In the event tha~ the NON-SELLING PARTNERCS) elects
to exerc~se their right under subparagraph (b) and, if
applicable, subparagraph (c) above and so notifies the SELLING
PARTNER within the time periods set forth therein, then in such
event, the closing of such sale or transfer shall take place at
the office of the Partnership at 10:00 a.m. on the later of: C~,)
the closing date set forth i~ the MA~DATORY OFFER, or (ii) the
thirtieth (30th) day follo~ing service upon the SELLING PARTNEH
0: such NON-SELLI~G PART~SR'S notice of intention to exercise his
absolute right under subparagraph (b) and, if applicable,
subparagraph (c) above.
7
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(f) At the closin~, the SELLING PAR~~ER shall deliver to
the ~O~-SE~LING PAR~~ER(S) an assignment of the interest to be
sold or transferred together with such other documents reasonably
necessary to cons~mmate the transaction.
The NbN-SELLI~G PARTNER(S) shall thereupon tender
the purchase price or other,consideration ?ayab~e by him (them)
~o the SELL=~G PARTNER in accordance with subparagraph (b) and,
if applicable, subparagraph (c) above.
(g~ As usee herein, a NON-SELLING PARTNER'S "~ropor-
tionate share" of the interest being offered by the SELLING
PARTNER shall be that portion of the offered interest computed
by ~ultiplying (i) such offered interest, by (ii) a f~action,
the numer2tor of which shall be the interest of the Partnership
owned by such NON-SELLING PARTNER and the denominator
of which sha~~ be the combined interest in the Part~ership owned
by all NON-SELLING PARTNERS.
(h) Any purported tra"nsf er or di sposi ti on of an interest
in violation of the terms of this paragraph shall constitute a
-
breach of this Agreement and shall be void and as, such shall be
neither recognized nor siven any effect by ~he Partnership.
(i) The transfer by a Partner of his interest in
~ -
accoidance with the provisions hereof, sha~l have no effect upon
the continuation of 'the Par~nership business.
The Remaining
Partners shall have the right to continue to use the Partnership
name as set forth herein.
(j) No Partner may have or maintain an action for
partition o~ any of the property of the Partnership and that such
waiver of right is hereby declared to be irrevocable. The
i~terests of the Partne~s herein is persona~ty.
(k) The transfe~ee of any Partner's interest in the
Pcrtnership in accordcnce with the provisions hereof, shall be
subject to all the terms, conditions, restrictions, and obliga-
t~ons of this Agreeement, inclucing the provisions of thir
Article.
.,~~ '~-.~~g~.
ARTICLE ~2 - DEATH
12.01
Upon the death of any Partner, the Part
disso:vee ~h accordance with F. S. Chapter 620 (1980
.:- _i
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surviving Part~er5 may e!ect to continue the Partnership and, if so,
shall have the right to purchase the entire in~erest of the decedent
in the Partnership from the successor owner of the interest of a
cecedent Partner in which event the Partnership shall continue.
(a) The Partner(s) shall have the absolute right to
purchase the interest of the decedent in accordance with the
provisions of subparagraphs (d) and (e) hereof by notifying the
Personal Representative of the Decedent.
Said notice shall be
sent by certified mail within sixty (60) days following the
establishment of the value in accordance with the provisions of
Article 12.01(d) (with a copy to the Partnership).
The purchase
price and method of payment shall be as determined in subpara-
graph (d) hereof.
Failure to notify shall be deemed to be an
election not to purchase such interest.
(b) In the event that .the Surviving Partners shall elect
not to purchase such interest, they shall so notify the aforesaid
appropriate party, as well as the Partnership, within thirty (30)
days from the date of the election set forth in Article 12.01(a)
above.
(cl Each notice of acceptance by a Surviving.Partner
shall specify the amount of his of hei "proportionate share"
which such Survlvifig Partner intends to purchase.
In the event
that a Surviving Partner shall ~lect not to acquire all of his or
her proportionate shere, then and in that event the Partnership
shall so notify the other Surviving Partners who did glve timely
notice, who shall have ten (10) days from receipt of such notice
to notify the representative of the decedent and the Partnership
of his or her acceptance to purchase all or a portion of the
balance of such proportionate share.
For the purposes of this
subparagraph, a Surviv~ng Partner's "proportionate share" of the
interest to be purchased from the deceased Partner shall be
determined in the same manner as provided in section 11.01
hereof.
A Surviving Partner shall waive his right to purchase,
as hereinabove described, if he fails to provide the
aforedescribed timely notice.
(d) In the event that the Surviving Partners ha
elected to p~rchase the ent~re interest o~ the deceasec I
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a purchase o.:-~ce ~'..:'r:l.:=ss volunt-a.:-y asreement can Se reachec by
the parties) shall be the value as finally determined for Federal
Estate Tax purposes.
(el A closing shall take place one hundred eighty
(180)days after the value is determined unless otherwise agreed
upon by the parties. Any closing costs shall be split equally by
the purchasing parties and a selling party.
A purchase price
shall be paid as follows:
twenty percent (20%) at closing by
cash, cashier's check, certified check or bank check; the balance
by a promissory note bearing interest at Chase Manhattan orime ~n
a form commonly used 1n Palm Beach County providing:
( a) no
prepay~ent penalty, (b) interest payable quarterly, and (c)
principal payab:e in equal semi-annual installments. Such
installments of principal shall be paid as follows: (a) if the
principal amount of the Note is less than $200,000.00, then it
shall be paid in eight (8) equal semi-annual installments; (b) if
the principal amount of the Note is~less than $400,OOC.OC, then
it shall. be paid in sixteen (16) semi-annual installments; (c) if
the principal amount of ~~e Note is $400,000.00 or more, then it
shall be paid in twenty (20) equal semi-annual instal~ments; Cd)
the note shall be secured by assets satisfactory to Seller or an
irr~vocable letter. of credit.
In the event that the Partnership has purchased life
insurance on the decedent for the purposes of =unding this
"buy-out" .In an amount equal to or greater than the percentage of
the purchase price to be pa~d at clos~ng, then the cash due at
closing shall 0e the net proceeds therefro~, paya0le upon receip~
by the Partnership and allocatee to the p~rchasin~ Partners, as
a~~~cpriate, the
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:)a_ance, :1.... any,
by promissory note as ~erein-
a~ove described.
If the proceeds !rom li~e insu~~nce are less
than said percentage, ;~ shall be applied agains~ the cash
reqDirec a~ closing.
~he parties may moci~y this payment
sc~edule upon mutual ag~ee~ent.
(f) If the surviving Partners did not e:ect to purchase
the entire interest of the decedent, then the surviving Partners
shall either: (i) proceec with reasonable promptness to liq~idar-
the assets of the Partnership or (ii) continue the busines~
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, ' '
t~e ?a~~nershi~ as ~erei~ set for~h wi~h t~e est2te (ane
ultimately the d:stri~utees of ~he estate) of the deceased
Partner according to said Partnership interest.
Unless waivec.,
the surviving Partners ana estate of the deceased Partner shall
share in the prof~ts and losses of the business curing the period
of liquidation in the same proportions in which they shared such
profits and losses prior to the death of the deceased Partner,
except that the estate of the decedent shall not be liable for
losses in excess of the decedent's interest in the Partnership at
the time of his death.
ARTICLE 13 - DISSOLUTION
23.01
:The Partnersh:p may be dissolved at any time upon the
vote of the Partners owning sixty percent (60%) of the interests of
the parties.
Upon any voluntary dissolution, the Partnership shall
immediately commence to wind up its affairs.
The Partners shall
continue to share profits and losses dur~ng the period of liquidation
in the same ~roportions as before dissolution.
The proceeds from
liquidation of Partnership assets shall be distributed in the manner
prescribed in section 620.745 of the Florida Statutes (1981).
13.02 If any of the following,events shall occur:
<.
(a) If'apy Partner shall be the su~ject of a voluntary
or involuntary petition (which remains undismissed sixty (60)
days after its'filing) in bankruptcy or shal2 be adjucicated a
bankrupt or insolvent, or shall admit insolvency or file any
petition or answer seekinG any organization, arrangement,
composition, readjustment, liquidation, dissolution or similar
relief for himself under the present or any future federal
~ankruptcy act or any ~ther present or future applicadb~e
federal, state or other statute or law relative to bankruptcy,
insolvency or other relief for debtors or shall seek consent to
cr acquiese in the 2?pointment of any trustee, receiver,
conservator or liquidator of said Partner or of all or any
substantial part of his properties or his interest in the
Partnership (the term "acquiesce" includes but is not limited to
the failure to file 3 petition or motion to vacate or discharge
any Drder, judgment cr decree providing for such appointment
, "
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. -:- ~. ~.-::. ~ '.... ,-..;
wi~~i~ ten (:CJ cays a:~e~ ~he appointmen~); or
(b) l~ any Par~ner shal: make an assianmen~ for ~he
benefit of cre~itors or take any other similar action for the
protection or benefit of creditors;
(c) In the event of the occurrence of an event set forth
In Section 620.71(3) and (5) and (6).
If such dissolution is caused by a Partner doing or suffe~ing
any of the acts set forth above, or by vio:ating ~~is Aaree~en~
or by conducting himself or becomino incapacitated as described
10 F.S. 620.7l5(1)(a)(b)(c) and (d), then s~ch Partner shall be
dee~ed to have caused the dissolution wrongfully and the
remaining Partners shall have all rights provided to them in P.S.
620.745 or, in the alternative, may cause the liauidation of the
Partnership assets.
13.03 In the event of the occurrence of an event specified in
section 13.01 or 13.02 above, any gain or loss on disposition of
Partnership properties in the process of ~liquidation shall be credited
or charged ta the Partners in the proportion of their interests in the
Partnership.
Any property distributed in kind in the-liquidation
shall be valued and treated as though the property were sold and the
cash proceeds were distributed.
The difference between the value of
property ~istributed in-kind and its book value shall be treated as a
gain or loss on sale of the property and shall be credited or charged
to the Partners in the proportions of their interest in the Partner-
ship.
~~TICLE l~ - DEFAULT
14.01
In the event any Partner fails to make any payme~t
reouired by the provisions hereof, within ten (10) working days after
the same becomes due and payable by such Partner, then s~ch Partner
sha:l ~e deemed to have defaulted in the performance of his obliga-
~'
~l ODS
under this Agreement (hereina~ter referredd to as
"DEFAULTI!'\G
PART~SR'), a~G all of the in~erest of such ~E~AULT~NG PARTNER s~all
thereupon become a "0e::aulted Interest" and sha:: ~e subject to dis-
po~i~io~ as hereinafter providec.
The date saic payme~~ was or~gl~-
al:y due shall be callec the "~efaulted Date".
Whi2.e in default, a
De:aul~ing Partner shall have no right ~o vote or otherwise direc~
or cO!"Jtrol, the activities of t~e Partnership.
.1
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12
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Wi~nin ten (10) days after the Default Date, eac~ of the
NON-9EFAULTING PART~ER or PART~ERS shall by written notice to the
Partnership, signify his willingness to pay his pro rata share of the
required payment owed by the Defaulting Partner.
If no notice is
received within suc~ period of time, such NON-DEFAULTING PARTNER shall
be deemed to have refused to pay hisprorata share of the requir~d
payment owe~ by the Defaulting Partner and the options available in
this Article will not be available to such ~ON-DEFAULTING PARTNER.
The ~ON-DEFAULT~NG PARTNER(S), who have signified by a timely writing,
their willingness to pay such required payment owed by the Defaulting
Partner shal~ forthwith pay over to the Partnership his pro rata share
of the amount owed.
Upon payment to the Part~ership of such pro rata
share such NON-DEFAULTING PARTNER or PARTNERS shall thereafter require
the following rights in and to such Defaulted Interest:
(a) A lien upon such"Defaulted Interest for the pro rata
amount so paid, plus ,interest thereon at the highest rate
per~itted by law. The DEFAUL~ING PARTNER shall have the period
of time hereinafter stated from the Default Date to pay to the
Partnership the amount owed by the DEFAULTING PARTNER, plus
interest and all charges by the Partnership incurred" on account
of s~ch default. If so paid, the Partnership shall remit to the
NO~~DEFAULTING PARTNER(S) advancing such monies, the sums due.
(b) Should the default not be cured in full within
thirty (30) days from the Default Dcte, the NON-DEFAULT~NG
PAP.T~ER or PART~ERS shall have the right and option to purchase
their pro rata share of the Defaulted Interes~ purs~ant to the
remaining provisions of this Raticle.
(c) The NON-DEFAULTING PARTNER or PARTNERS desiring to
purc~ase the interest of a Defaulting Partner shall, ~ithin sixty
(60) days from the expiration of the curative period, purchase
the interest of the DEFAULTING PARTNER for a purchase price of
one hundred percent (100%) of the book va:ue of the DEF~UL?ING
?AR~NER'S interest less the amount of the default.
Cd) The NON-DEFAULTING PARTNER(S) are au~horized and
directed to issue an assignment covering any Defaulted Interest
in the event the DEFAL~TING PARTNER, as seller thereof, fails or
refus~s to execute a 1 >per assignment.
Each Partner does
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here~y irrevocably appoint the then NO~-~EFAU~TI~G PART~EH(S) as
his lawful agent and attorney-in-fact coupled with an interest
for val~able consideration to execute such assignment.
14.02 The purchase price to be paid by the PURCHASING
PARTKERCS) who pur-chase a !)EFAl'.LTI~G PARTNER'S inte!'est in accordance
with the provisions of Article 1'4 shall be paid in the ~ollowing
manner:
Ca) The PURCHASIKG PARTNERS shall take subject to the
DEFAULTING PARTNER'S pro rata allocation of any mor-tgage
indebtedness encumbering the property and the PURCHASING PARTNERS
shall be:entitled to a credit therefor.
<b) The PURCHASING PARTNERS will each deliver to the
DEFAULTING PARTNER, a fully executed unsecurea promissor-y note
for his pro rata share of the balance, less credits and normal
proratable expenses, on a form commonly used in Palm Beach
County, Flor-ida, providing for acceleration on thirty (30) days'
default, attorneys' fees, bearing interest at the rate of seven
percent (7%) per ann~~, and subject to the provisions of this
instrument, interest and pr-incipal payable in th~ number of equa:
annual payments as hereinafter provided.
ec) The Note shall be payable as follows:
0:
( i ) -I f the balance due to the DEFAULTI NG PART~ER
is less than ,$50,000.00, then the note shall 9rovide for- a
single payment at the end of one year.
(ii)
If the balance due the D~~AULT!NG PARTNER 1S
between $50,000.00 and $100,000.00. then the note shall
provide for- two (2) equal annual payments.
(iii) If the balance due the DEFAULTING PARTNER is
greater than $100,000.00, then the note shall provide for
four (4) equal ann~al payments.
Cd) The ~ote may be prepaid in whole or in part at
any time withou~ penalty.
14.03 The reamining PartnerS may, in the alternative to the
acquis~~ion of a defaulted interest, cause the dissolution of the
Partnership.
Such right s~all also apply in any other material
"
default whic~ is ~ncured aft~r ten (10) days notice h~rein.
~
14
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ARTICLE 15 - A~E~DMENTS
15.01
Any amendments ~o this Agreement shall be made in
writing an~ shall be attached to this original Agreeme~t.
~~TICLE, 16 - BINDING ON SUCCESSORS
16.01 This Agreement shall be binding upon and operate for
'. '
the benefit of the parties hereto and their heirs and legal representa-
tives.
It shall be bind:ng upon any transferee who has received any
interest in the Partnership, and upon the heirs and leg;~ representa-
tives of such transferee, and upon any person claiming any interest in
any of the Partnership pursuant to a purported transfer made in viola-
lion of the provisions of this Agreement, and upon the heirs, assigns
and legal reoresentatives of such person.
ARTICLE 17 - MISCELLA~EOUS
17.01
T~
...~
any section, sub-section, sentence,
clause, phrase
or portion of this Agreement is, for any reason, held inval~d or uncon-
stitutiona1 by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions hereof
which shall be enforced to the fullest extent permitted by law.
17.02 Except as otherwise provirled herein, this Agreement
shall terminate and be~ome null and void upon the dissolution or
liquidation of this Par~nership.-"
17.03 This Agreement shall be construed ~n accordance with the
laws of the State of F10rica notwithstapding the residence or domicile
of any of the parties hereto now or in the future.
17.04 Any notice required by this Agreement s~2l1 be deemed to
have been se~ved if sent reg~stered or certified mail, addressed to
the party to whom such notice is intended to be given, at the address
set forth above or at such other address as each party s~al: have pre-
viously fu~nished, in writinq, to the partnership.
17.05 ~his instr~~ent contaiDs the entire Agreement of the
.
parties and may not be changed, modified or cancelled except by writ-
ten instr~~ent, duly executec by all of said parties.
17.06 Captions or titles of paragraphs contained herein are
for convenience only, and neither limit or amplify the provisions of
the Agreement i~self.
-....
15
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17.07 h~y provisions :n this Partnership Agreement may be
waived by unanimous vote of the Partners entitled to cast votes.
17.08 ~n the event that any Partner shall fail, neglect, or
refuse to comply with the provisions of this Agreement, then, in that
event, and so long as .such default continues, such defaulting Partner
or transferee thereof in violation of the provisions hereof shall not
be entitled to vote at any meeting of the Partners and the holder of
such interest shall not be entitled to any distributions in respect 0:
his interest.
17.C9 The ?2rties agree that irreparable damage would be clone
to the goodwill and reputation of the Partnership if any Fartner
should bri~g ~n action in court to dissolve the Partnership except
whe:-e a material violation of this Agreement has occurred or as
provided for herein.
Care has not been taken in this Aqreement to
provide what the parties feel is fair and just payment in liquidation
of the interests of all Partners.
Accordingly, each party hereby
wa~ves and renounces his right to such a ~ourt decree of dissolution
or to seek t~e appointment by the court of a liquidator for the
Partnership.
17.10 Each of the par~ies acknowledges that the parties will
be irreparably damaged (and damages at law' would be a~ inadequate
remedy) "if this Agreement is not specifically enforced.
Therefore, in
the event of a breach or threatened breach by any party of any pro-
vision of this Agreement, then the other party shall be entitled, in
addition to all other rights or remedies, to injunctions restraining
such breach, without being required to show any actual damage or to
post any bond or o~her security, and/or to a decree fcr specific per-
for~ance of ~he provisions of this Agreement.
17.11 !f any legal action or other proceeding, including arbi-
tration, is brought for the enforcement of this Agreement, or because
of an alleged dispute, breach, default or misrepresentation in connec-
tion with any provisions af this Agreement, the s~ccess:ul or prevail-
ing party or parties shall be entitled to recover reaso~able attor-
ney's fees and expenses, court costs and all expenses even if not
taxab~e as cour~ costs (including, withou~ limitatio~, attorney's fees
and expenses incident to any appeals), incurred in that action or
proceeding- (plus interest on such aggregate amount at a rate ?er
+ ~;
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ann~m equa~ to the ~axim~~ ra~e under applicable law), ~n addition to
any other relief to which such party or parties may be entitled.
17.12 No remedy herein conferred upon any party is intended to
be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing ,at law or in equity or by
statute or otherwise. No single or partial exercise by any party of
any right, Dower or remedy hereunder shall preclude any other or
further exerc~se hereof.
IN WITNESS WHEREOF, the parties hereto have executed the
foregoing Partnership Agreement as of the date first above written.
WI '1' N E SSE S :
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As ~~ HERBERT BROCK
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As -to A!\'~R S'h' BROCK
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( SEAL)
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As to PETER BROCK
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WIT T lAMS G" ....~AM
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( SEAL)
gf~M!e1i ~~
dI~l1!f(l~
As ~o ~ILLIN~ S. GRAHAM
STATE OF FLORIDA
S5
COU~TY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
ack~Jw1edgments, personally appeared HERBERT BROCK, wel: known to me
to be the person described in and who executed the foregoing
instrument,
and h'e acknowledged before me that he executed the same in the
presence of two subscribing Wi~~2sses freely and voluntarily.
"
and~. :icial seal in the County and State
of ~ , 19?5-.
() -
~A/j~(l~
Notary /PubA~c!'a~q~te of !".'lorida
My GDmm~ssion Explres:
1] (:o!~ry pU!Jrc $ba r M ..--
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'_ > .Y ~om;nt$,~I';)n fr:;.~~~s CE'{, 11, In.s--
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last
WlTNESS my hand
aforesaic. th.:.s .3/ day
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STA'.~':-~ Qf FLUH..!.r:J/~
:5S
COUNTY OF PAL~ BSACH
1 HEREBY C~RTIFY t~a~ o~ this day, before me, an officer duly
authorized in the State aforesaid an~ in the County aforesaid to take
acknowledgments, personally appeared ANDRE~ BROCK, well known to me to
be the person described in and who executed the foregoing instrument,
and he acknowledgec Defor€ me that he executed the same in the
presence of ~wo subscribing witnesses. :reely and voluntarily.
..'...../-~ .
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STA~;'i"'~~< it'~~'IJ~ Y )
COUNTY OF PA~~~V;+tS
. .
and (5"t:ficia1 seal in the County and State
of 7~ ,195'S-.
~A1~~~
Notary)Public, State of ~~orida
At Large
My Commission Expires:
NDf~;v Pt!~k Sb~c of Rorroa
My (omm!B;~n (x;;,es Dee. 11, 19~
BonClOC Ihtu Ircy flJ,n. jH..U:~r.CI!'. Inc.
last
WITNESS my hand
aforesaid this .$jt<J./.. cay
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I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
ackno~:ed9ments, personally appeared PETER BROCK, well known to me to
be the person described in and who executed the foregoin~ ~nstr~~ent,
and he acknowlerlced before me that he exe~ute~ the same in the
presence of two subscr-ihing v,'it.nesses freely and volur.tarily.
v.'2. TNESS
a f or e..sa.i ~ _thi s
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my hand an~
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official seal
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No~ary Public, sl~te or Florida
At Larg~
My Commission ExRJres:
COt~STANC:: GALUN
p \:)1''' S-ate of New York
Notary u N~~'684697555 ,
o a1lf1eo in wes,;chester c~unty(;"'.---
o . s'lonExDlresM3ICh3_.1SGl..)
Comrms " .
in the County and State last
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STATE OF FLORIDA >
:SS
COUNTY OF PALM BEACH )
.,q....
. I HEREBY CERTIFY that, on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknow:edgments, personally appeared WI~LIAM S. GRAHAM, we:l known to
me to be the person descr:bed in and who executed the foresoing
instrument, anc he acknowledSed before me that. he executed the same In
the presence of two subscribin~ witnesses freely and vo:~nta!'ily.
.~
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,
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in the County and State last
~ 19%.5:
~~1!-&~
Kotary Public, St.ate of ~'lo!'ida
At Large
~y Commission Expire~:
Notary PlJ~l;c, St2te of Poric!a
My COl'!:m:~sjon Exp;~e~ Dec. 12, 1988
landed frar" J,o)' fillm -In>i.llanc..~ lnt..
~!TNSSS ~V hcnc anc ~fficial seal
aforesaid this ~I cay of
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AFFIDl->.VIT
STATE OF FLORIDA
SS
COUNTY OF PALM BEACH
Before me, the undersigned authority personally
appeared KNUTH ROAD ASSOCIATES, who being by me first
duly s~orn, on oath deposes and says:
1. That they are the fee simple owners of the
following described property, to-wit
(Give legal
description)
SEE ATTACHED
2. That they desire annexation to Boynton Beach,
Florida.
3. T~at they have appointed F ";f'1ARTIN PERRY to
act as agent in their behalf to accomp sh the abov .
/j;JPfi ~
PEfEi BROCh, Gen~l Partner
/ ----J---:- ./' / ".
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'\vl.LLIN1 S _ GPAHJ>.JI1, General Partner
Sworn to and subscribed before me
this
],7
day
of
4, ("
~::., .,
1985
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C~' ,1:.- -1v({ . -JA Lr{-z!
Notary Pu~lic, State of Florida at Large
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t'~Y,fomml ssiorl Expires: ,.:~_ ,;: ;'~":,,~/ '. ~'. " 21. HB9~
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F~v;"~r5ifilGCllII11' I' 1111. ~ 1,',111," I FREEDOfb~- EXFRESSSM
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(201) 559,7707
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08/26 15:14 1042 173-1 C034 280 08/26/85 15:14
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YALVIKINGSKY/LADE ROGALANDRADIO 37/34 26 1800
N POLSON
o PERRY MCCARTHY AND COX
1 SOUTH FLAGLER DRIVE
ST PALM BEACH FL 33401
HERBERT A. BROCK HAVE APPOINTED MARTIN F. PERRY AS AGENT TO ACT
BEHALF OF KNUTH ROAD ASSOCIATES
HERBERT A. BROCK
L 501 WESTPALM8EACHFLORIDA(33401)
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Knuth Road Associates Annexation Request - Right-of-Way Description
A portion of Knuth Road right-of-way in Section 19, Township 45 South
Range 43 East, more particularly described as that part of the said
Knuth Road right-of-way being 30 feet in width and lying between the
South right-of-way line of Old Boynton Road and a line parallel to and
495.32 feet south of said South right-of-way line.
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ANNEXA TION,LAND USE AMENDMENT,~~~
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A F F I D A V I T
STATE OF FLORIDA
ss.
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED
Jan Polson
, WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property OWners List is, to
the best of his knowledge, a complete and accurate
list of all property owners, mailing addresses and
legal descriptions as recorded in the latest offi-
cial tax roles in the County Courthouse for all
property within Four Hundred (400) feet of the
below described parcel of land.
The property in question is legally described as follows:
Tract 48 less south 128.5 feet thereof according to
the Palm Beach Miami Land and Development Company
Plat of Subdivision of Section 19, Township 45
South, Range 43 East, recorded in Plat Book 7, page
19, Palm Beach County, ~lorida.
FURTHER AFFIANT SAYETH NOT.(~\~~
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I (S1.gnature)
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sw~rn to and subscribed befor~ th~s__S~ day of
~J-fYX=C f'V,-l ~ '\, A. D. 19 <;; ~ .
'~~.~, d, ~3~t~~A~\..~,Ck--
N~tary Public 0
S~ate of Florida at Large
r-~y Commiss ion Expires:
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.
1. 00-43-45-19-05-048-0010
Knuth Road Associates
1551 Forum Place
Suite 100
West Palm Beach, FL 33401
2. 00-43-45-19-05-048-0020
F. C. & Dorothy L. Mish
Route 3, Box 1203
Knuth Road
Boynton Beach, FL 33436
3. 00-43-45-19-05-051-0010
E. J. and patricia C. Rascati
570 N.E. Sample Road
Pompano Beach, FL 33064
4. 00-43-45-19-05-053-0010
Ernest R. & Elizabeth P. Gilmer
9613 Knuth Road
Boynto~ Beach, FL 33436
5. 00-43-45-19-05-053-0020
same as #4
6. 00-43-45-19-05-053-0030
Dennis C. Crowell
9537 Knuth Road
Boynton Beach, FL 33436
7. 00-43-45-19-05-057-0020
Duke R. & Sandra J. Martin
6601 Sheridan Street
Hollywood, FL 33024
8. 00-43-45-19-05-045-0010
B. R. and Elsie A. Winchester
P. O. Drawer 1240
Boynton Beach, FL 33435
9. 00-43-45-19-05-047-0010
Ernest Klatt & Bill R.Winchester
P. O. Drawer 1240
Boynton Beach, FL 33435
10. 00-43-45-19-08-004-0040
Tanen Construction Co. of
Eau Gallie Inc.
861 Lakeside Drive
North Palm Beach, FL 33408
II. 00-43-45-19-04-015-0240
Richard P. & Millie G. Williams
3562 Ruskin Avenue
Boynton Beach, FL 33436
12. 00-43-45-19-04-015-270
Steven & Barbara J. Salvador
3546 Ruskin Avenue
Boynton Beach, FL 33436
13. 00-43-45-19-04-015-0420
G. V. & Ernestine C. Lamb
3545 Old Boynton Road
Boynton Beach, FL 33436
14. 00-43-45-19-04-015-0450
J. L. & Esther M. Gundlach
233 S. W. 8th Avenue
Boynton Beach, FL 33435
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15. 00-43-45-19-04-015-0480
Richard P. & Mille G. Williams
3562 Ruskin Avenue
Boynton Beach, FL 33436
16. 00-43-45-19-04-014-0350
J. G. & Wynett Wade, Jr.
3518 Ruskin Avenue
Boynton Beach, FL 33436
17. 08-43-45-19-05-015-0010
Boynton JCP Associates, Ltd.
7620 Market Street
Youngstown, Ohio 44512
18. 00-43-45-19-05-054-0010
Ernest & violet M. Klatt
P. O. Box 1477
Boynton Beach, FL 33435
19. Oakwood Lakes West Homeowners Assn.
3743 Silver Lace Lane
Boynton Beach, FL 33436
Perry & McCarthy, P.A.
Suite 302, Flagler Genter
501 South Flagler Drive
West Palm Beach, FL 33401
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INDIVIO TO Ir-,;:;'''~ U
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February
!s~
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by
C. STANLEY WEAVER AND ERNA Y. WEAVER, HIS WIFE,
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11('re;III1[/l'r cIIll,.r! ,/,l' qrn/ltor, '0 KNUTH ROAD ASSOC IA TES, a Florida general
partnership,
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DO u./losl' posloffil'l' uJtlrC'-'s L' 1436 N. Congress Ave., West Palm Beach, FL 33401
l'I'r('i/lu[/I'r cull,," 1/1l' (//'/1/1/"":
I\\"hnr...rr lI..rll hf""'~lll ftl" trIm.. '"ll(faf1tor" anu "lI(ranlt.~" inclurlt all Iht' piilrlir\ to thl!\ ins.uumrnt and
Iii.. hl"ln. In:...: JrlHt'..t'lIl.I(I\('!tIo and if;....U(n~ of lndi",duitlls, .and thr ~"Urcr!io'(lrs anlJ a"'!lil(ns or corpOratlOn5)
Wi~nessdh: T/I/II /1". </IlIlIlor, (or O/l/J ill co'lsitlNafion of tile sum of S 10.00 and other
l'ulual,il' cOlIsil/l'rutiolls. rl'r(';pl wllC'r('of is "l're{))' arb'OIl1{('dfWd. I,ereby !"Ira/lls, bargains, sells, aliens, re-
mises, r('{('asps. rO/lI'(,)'s a/l(l COli firms wllo //Ie gran/ee, ull //Iul cerlaill lCllld siluate in Palm Beach
COUllty, Floritla, ,'i=:
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!I Rnd ,he grantor hereby covenants with said grantee that the granlor is lawfully seized of sai,d land
'I in fpe simple; Iha/ till? grantor has good right and lawful authority to sell and convey said land; that the
i gran/or herelJY fully warrants the title' to said land and will defend the same against tIle lawful claims of
Vi!. all persons whomsoever: and that said land is free of all encumbra'nces, except taxes accruing subsequent
! to l)eC(?mber 31, 194.
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ii c. Stanley Weaver and Erna Y. Weaver,
0;1 hi~ wife,
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nJ j: _ for,e~ln; .ill>[i-(j';'''~ll and they a,knowleci~ed before me that they
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O-I! -',"/" ,.' ';:. ':'! ,/:'.v.:'11;:';ESS m\' hand and olfirial !iea! ;n ,he County and
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o l,</ct\~><: sr"~dt11a'~1 afor.-.aid this J~ A D 199".s- day of
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Q:), ",~. ,'.'. ,~, ~,,: . My C~mmlG3ioo Explrea..October 26, 1995
I' . . ,. Bom':c.;l thru M.-yoarti 9QRdlng Agency
!; ThJ:r /l/Jlntlllntl pnparrd hy:
" Ad.' J I!Iwhn & Stlrn~1l
arn,\ , 1',0, Be" 3ge7
L"ItJ'l~. FL ~3007
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TRACT 48 LESS South In.5 feet thereof according to the Palm Beach-
Miami Land and Development Company Plat of Subdivision of Section
! 9, Township 45 South, Range 43 East, recorded in Plat Book 7,
page! 9, Public Records of Palm Beach County, Florida.
SUBJECT TO a First Purchase Money Mortgage of even date herewith
in the original principal sum of $513,325.00, given by Herbert A.
Brock, Andrew Brock, Peter Brock, and William S. Graham, General
Partners of Knuth Road Associates, a Florida General Partnership.
Together
wisC' appertaining,
To HaUl: and to !{D!rl,
witll all the tenements, hereditaments and appurtenances thereto belonging or in any-
the same in fee simple forever,
In Witness Whereof, the said grantor has signed and sealed these presents the day and year
firsl a/lOve written.
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.J '- 6flVW nJP IU:CORDfR;. USE
STAlE OF Florida
COL':-\TY OF Palm Beach
1 HEREBY CF..RT1FY that on this cay, hefore me, an offirer duly
authori/"'l III thr Statl" afore<..iJ and in the County aIorr!iaid 10 takr
arknowledl(lIlo"lIt<. 1-"'TSonal1y' "I-'P' ared
RECORD VFR1Fltl'
PALM 3EACH COUN'i"i FLA
JOHi~ g, OUNK~,F.
CLERK C1RCUlT COURT
~".__~"'04...,p ....'-- ..
PART~ERS~IP AGREEMENT
THIS AGkEEME~T, executed in the Town of Palm Beach, Florida,
pi ()
to be effective as of th,e 3/- day Of-1f~ ' 19 :?S; between
HERBERT BROCK, ANDREW BROCK, PETER BROCK, and W!~L!AM S. GRAHAM
(herein referred to as ("Partners"):
WIT N E SSE T H :
The Partners desire to form a General Partnership for the purpose of
owning and operating real property situated in Palm Beach County,
Florida, to-w~t:
SEE SCHEDULE "A" ATTACHED HERE'rO
togethe~ with all buildings and improvements thereon (if any), now or
~ereafter, (herein referred to as ("Real Estate"), for the purposes
hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises of the
parties hereto and other good and valuable consideration, the receipt and
..
sufficiency 0= which is hereby acknowledged, it is agreed as follows:
ARTICLE 1 - NAME
1.01 The firm name of the Partnership shall be K~UTH ROAD
ASSOC!ATES (hereinafter- referred to as "Partnership").
ARTIC~E 2 - TERM
<:
2.01 The Partnership term shall continue until the date fifty
(50) years =rom the date hereof unless the Partnership ~s cissolved sooner
in accordance with the nrovisions of this Agreement.
ARTIC~E 3 - PLACE OF BUSINESS
3.01 The principal office and place of business of the Part-
nership shall be at such place or places as may from time to time be
designated by the Partners.
~~TICLE 4 - TYPE OF BUSINESS
4.01 The business of t~e Partnership shall consist 0: owning and
operating the Real Estate as an ~nvestment and, if deemed advisable by the
Partnersh.ip, for income producing purposes and of carrying on any and all
activ~ties necessary, proper, convenient or advisable in connection there-
with or relatec thereto. The Partnership shall engage in ~o other
business.
A?~ICLE 5 - CAPITAL ACCOU~TS
5.01 The Partners shall have made contributions to the capital
accounts of the Partnership as reflected on the books of the Partnership.
5.02 If, at any time or times hereafter, capital shall be
required for carrying on the b~siness, such capital shall be ,advanced by
the Partners in the same percentage as their interest in the Partnership
shall stand from time to time.
5.03 No i~terest shall be paid on any contributions of capital t
the Partnership, except as may be hereinafter specified.
5.04 No Partner shall withdraw any part of the capital from the
Partnership without the consent of all the partners.
5.05 No Partner shall have the right to damand or receive
property other than cash in return for his capital contribution.
5.06 If at any time the Partners shall determine that, in order
to protect or preserve real estate,' additional funds are needed to meet th
requirements of the Partnership, then any Partner may (but shall not be
,
obligated to) advance such funds to the Partnership as a loan, provided
that t~e remaining Partners approve each such loan.
Each such loan shall
bear simple interest, until repaid, at the rate per annum that is made
~vailable to the Partnership by local financial institutions as determined
by the concurrence of sixty percent (60%) of the Partners entitled to vote,
~ ARTICLE 6 - PROF!TS AND LOSSES, SALARIES AND DRAWINGS
6.01 The profits and losses of the Partnership shall be
determined for each "fiscal year" (which shall be the calendar) of the
Partnership in accordance with the accrual or cash basis method of
accounting, as determined by the Partners, and otherwise in accordance with
the principles and procedures applied for federal income tax purposes.
"Profits" and "Losses" as used herein include each item of Partnership
~ncome, gain, loss, deduction and credit.
6.02 The Partners shall, except as may be, from time to time,
agreed to the contrary by the Partners, share profits and losses in the
same percentage as their interest in the Partnership stands from time to
time.
The Partners shall ~ave the following interest in the Partnership:
PARTNER
I~TEREST
HERBERT SROCK
A~DRSW BROCK
?~~ER BROCK
~ILL!AM S. GRAHAM
40.5%
~0.5%
9%
10%
2
6.03
No Partner shall receive salary for services rendered to tr
Partnership, except as may be agreed upon by the Partnership from time tc
time.
6.04 The Partners shall have such drawing and expense accounts a
may be agreed upon by.the Partnership from time to time.
6.05 The cash flow from Partnership operations (except for such
reserves as the Partnership may determine from time to time to be necessa
for retention by the Partnership to carryon its business) shall be dis-
tributed by the Partnership at such intervals as deemed advisable. For
purposes of this Agreement, "cash flow" means all cash received by the
Partnership from any source (including Partnership borrowings, subject to
the provisions in the preceding sentence, and the net proceeds from any
refinancing or sale of the Partnership assets), less cash expended for
debts and expenses of the Partnership, normal contract payments, lease pa
ments, reasonab:e reserves and other expenses incident to the ~usiness of
the Partnership), principal payments on any Partnership indebtedness in a
capital expendidtures of the Partnership: Such cash flow shall be dis-
tributed in accordance with the following pr~ori~ies:
(a) All Partners' loans (including in~erest thereon)
referred to in Section 5.06 shall be repaid in full, u~less
otherwise agreed to by such respective lender.
~
(b) Any re~aining cash flow shall be distributed to
'the Partners in repayment oL_their capital contributions, in
the same proportions as their respective capital contributions
bear to the total capital contributions of all of the Partners.
(c) Any remaining cash flow shall be distributed to
the Partners in the same percentage as their respective inter-
ests in the Partnership shall stand from time to time.
A~TICLE 7 - VOTING, MANAGEMENT, DUTIES AND RESTRICTIONS
7.01 Each Partner shall be entitlec to vote his respective
percentage interest, from time to time.
Unless otherwise stated
herein.specifically to the contrary, the Agreement~ vote or consent o~
the Partnership as herein requ~red shall consist of concurrence of the
Partners owning sixty (60%) percent of interests l~ the Partnership
~hich shall be binding on al: the Partners and shall constitu~e the
acts of the Partnership.
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7.02 Cnless otherwise stated herein specificct~ly to the contrary,
the right to Inanage and conduct all of the business of the Partnership,
including, but not lim~ted to the development, construction, management,
leasing and mortgaging of the Real Estate and in general th€ right to
borrow money on behalf of the Partnership, shall be vested in the Partners.
7.03 Each Partner shall devote so much of his time and attention
to the business of the Partnership as is necessary for the Partnership
business.
7.04 The Partners and any member of the families of any of them,
and any other person or firm to which any of them is related or in which
any of them is interested, herein referred to as Affiliates, may engage in
or possess any.interest in other business ventures of any kind, indepen-
pently or with 'others, including, but not limited to, the purchase,
development, construction, lease, sale of other real property, other than
that which is involved in this Agreement, for their own account or for the
account of others.
The fact that a Partner or any such Affiliate may
encounter and take advantage of opportuni~iesto do any of the foregoing
themselves or on behalf of others in whom they mayor may not have an
interest, shall not subject such Partner or Aff~liate to any liability to
the Partnership or any of the Partners on account of the loss of
opportunity. Neither the Partnership nor any Partner shall have any right
by virtue~of this Agreem~nt or the Partnership relationship created hereby
in or to such'ventures or activities or to the lncome or profits derived
therefrom, and the pursuit of such ventures shal~ not be deemed wrongful or
improper.
7.05 The Partnership shall indemnify and hold harmless the
Partners fro~ any loss, damage, fine, penalty, expense (i~cluding
attorney's fees), judgment, or amount paid in settlement incurred by the
Partners beca~se of any act performed on behalf of the Partnership or in
furtherance of its ~nterests. This shall no~ relieve a Partner of
liability for fraud, ~ad faith or gross negliqence; nor shall there be any
indemnification, as herein provided, in the event that a Partner shall be
adjudged 'to have breached his fiduciary duty to ~he Partnership.
7.06 No Partner shall, ~n the Partnership name or on behalf of the
Partnership, without prior written consent of the Partnership first
obtained:
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(a) cnuo~se any note or otherwise become surety or
guarantor for any person or act as an accommodation party for
any person.
(b) Borrow or lend money or make, deliver or accept
any commercial paper.
(c) Execute any mortgage,' security agreement, bond,_
or lease, or purchase, or contract to purchase, or sell or
contract to sell any property for or of the Partnership other
than the type of property leased, bought and/or sold in the
reg~lar course of its business.
If any Partner shall take any action prohibited by
this section, he shall indemnify and hold harmless the other
Partners against any liability the others shall incur by
reason of the prohibited action.
7.07 In the event that the Partnership borrows money from
a lending institution which requires'that the Partners individually
execute the Mortgage, Note or other security instrument, each Part-
ner shall immediately sign said Mortgage, Note or other security as
so requested.
7.08 The Partnership m~y nominate others to hold. Partnership
assets on
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behalf.
~ - ARTICLE 8 - BANK ACCOUNTS
8.01 The Partnership shall maintain ~hecking or other accounts in
such bank or banks as the Partnership shall determine. Withdrawals shall
be maQe on the signature of any of the Part~ers, and any other person, as
may be desi~nated in writing from time to time by the Partnership.
ARTICLE 9 - BOOKS AND RECORDS
9.01 The books and records of the Partnership shall be maintained
at the principal office of the Partnership and each Partner shall have
access thereto at all times. Audits shall be made as determined to be
necessary by the Partnership, and each Partner shall be furnished a copy 0,
the audit report, if any, within thirty (30) days after its completion.
ARTICLE 10 - ADDITIONAL PARTNERS
10.01 With the consent of all of the Partners, additional persons
may be admitted as Partners upon each such additional person making, or
agreeing to make, such contributions to the capital of the Partnership as
shall be determined by the Partnership.
5
ARTICLE l~ - ASSIGNMENT AND TRANSFER
11.01 Each Partner agrees that, except as may be approved, from
time to time by the other Partners, he shall not transfer, assign, sell,
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pledge, hypothecate, or otherwise encumber, or dispose of his share of the
Partnership or asset of ~he Partnership or any part thereof, or any right,
title or interest therein, currently owned or hereafter acquired by him,
except (i) to another then existing Partner; or (ii) pursuant to a BONA
FIDE OFFER made by or to a party who is not then a Partner (hereinafter
referred to as an "OUTSIDER"); and (iii) in accordance with the require-
ments hereinafter set forth:
(a) in the event that any Partner (hereinafter referred to
as the "SELLING PARTNER") shall at any time desire to sell or
otherwise transfer all or any part of his interest to an OUTSIDER in
accordance with the requirement set forth in section 11.01
subparagraphs (ii) and (iii) above, then, in that event, the SELLING
PARTNER shall be required, before selling or otherwise transferring
his interest, or any part thereof, to such OUTSIDER, to first offer in
writing (the "IYANDATORY OFFER") to sell 'or transfer that interest, or
any part thereof, to the remaining Partners (hereinafter referred to
as the "NON-SELLING PARTNERS") for the same price (or,.in the event
that non-monetary consideration is"to"be given, then at th~ option of
each ~f the NON~SELLING PARTNERS with respect to the interest to be
purchased by him, for the cash.~quivalent thereof [also hereinafter
referred to as the "price"]) and upon the same terms and conditions as
contained in the said BONA FIDE OFFER.
The SELLING PARTNER shall
attach to said MANDATORY DFFER a true and complete copy of the BONA
FIDE OFFER and a written statement containing the name and address of
the proposed OUTSI~ER transferee and all terms and conditions of the
proposed transaction.
(b) Each of the NON-SELLING PARTNE~S shall ~ave, and is
hereby granted, the absolute right to purchase his respective
"proportionate share" (as said term is hereinfater defined) of
all, but not less than all, of the interest offered by the
SELLING PARTNER, as contained in the BONA FIDE OFFER; PROVIDED
HOWEVER, that written notice of such NON-SELLING PARTNER'S
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intention to exerClse such absolute right shall have been given
to the SELLING PARTNER within thirty (30) days following service
of the MANDATORY OFFER upon such NON-SELLING PARTNER.
(c) In the event that any NON-SELLING PARTNER fails to
affirmatively exercise the absolute right granted to him in
suboaragraph (b) above, then the other NON-SELLING PARTNER(S)
.. ,. ..
shall have, and are hereby granted, the absolute right to
purchase all, but not less than all, of the remaining interest of
the S~LLING PARTNER, upon the same terms and conditions and for
the same price as contained in the BONA FIDE OFFER; PROVIDED,
HOWEVER, that written notice of such NON-SELLING PARTNER'S
intention to exercise said absolute right shall have been given
by such NON-SELLING PARTNER to the SELLING PARTNER within fifteen
(15) days following the expiration of the thirty (30) day period
referred to in paragraph (b) above.
(d) In the event that none of the NON-SELLING PARTNERS
exercise the absolute right granted~to them in subparagraph (b)
above, then the SELLING PARTNER shall be entitled, during the
four (4) month period immediately following the expiration of
such forty-five (45) day period, to sell or otherwise .transfer
his interest to the OUTSIDER.
Such sale of his interest,
however, shall be made only upon the terms and conditions set
forth in the BONA FIDE OFFER ,and only to the OUTSIDER identified
in the ~~NDATORY OFFER.
(e) In the event that the NON-SELLING PARTNER(S) elects
to exercise their right under subparagraph (b) and, if
applicable, subparagraph (c) above and so notifies the SELLING
PARTNER within the time Deriods set forth therein, then in such
event, the closing of such sale or transfer shall take place at
the office of the Partnership at 10:00 a.m. on the later of: (~)
the closing date set forth in the MANDATORY OFFER, or (ii) the
thirtieth (30th) day follo\:~ng service upon the SELLING PARTNEM
of such NON-SELLING PARTNER'S notice of intention to exercise his
absolute right under subparagraph (b) and, if applicable,
subparagraph (c) above.
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(:) At the closing, the SELLING PAR~NER shall deliver to
the ~O~-SELLING PAR~NER(S) an assignment of the interest to be
sold or transferred together with such other documents reasonably
necessary to consummate the transaction.
The NON-SELLING PARTNER(S) shall thereupon tender
the purchase price or other,consideration payable by him (them)
to the SELLING PARTNER in accordance with subparagraph (b) and,
if applicable, subparagraph (c) above.
(g) As used herein, a NON-SELLING PARTNER'S I'propor-
tionate share" of the interest being offered by the SELLING
PARTNER shall be that portion of the offered interest computed
by multiplying (i) such offered interest, by (ii) a fraction,
the numerctor 0: which shall be the interest of the Partnership
owned by such NON-SELLING PARTNER and the denominator
of which shall be the combined interest in the Partnership owned
by all NON-SELLING PARTNERS.
(h) Any purported transfer or disposition of an interest
in violation of the terms of this paragraph shall constitute a
breach of this Agreement and shall be void and as_ such shall be
neither recognized nor given any effect .by the Partnership.
(i) The transfer by a Partner of his interest in
~ -
accordance with the provisions hereof, shall have no effect upon
the continuation of-the Partnership business. The Remaining
Partners shall have the right to continue to use the Partnership
name as set forth herein.
(j) No Partner may have or maintain an action for
partition of any of the property of the Partnership and that such
waiyer of right is hereby declared to be irrevocable. The
interests of the Partners herein is personalty.
(k) The transferee of any Partner's interest in the
Partnership in accordance with the provisions hereof, shall be
su~ject to all the terms, conditions, restrictions, and obliga-
~~ons of this Agreeement, including the provisions of this
Article.
ARTICLE 12 - DEATH
12.01
Upon the death of any Partner, the Partnership shall be
dissolved in accordance with F. S. Chapter 620 (1980). Eowever, the
8
surviving Partners may elect to continue the Partnership and, if so,
shall have the right to purchase the entire interest of the decedent
, in the Partnership from the successor owner of the interest of a
decedent Partner in which event the Partnership shall continue.
(a) The PartnerCs) shall have the absolute right to
purchase the interest of the decedent in accordance with the
provisions of subparagraphs (d) and (e) hereof by notifying the
Personal Representative of the Decedent. Said notice shall be
sent by certified mail within sixty (60) days following the
establishment of the value in accordance with the provisions of
Article 12.0ICd) (with a copy to the Partnership). The purchase
price and method of payment shall be as determined in subpara-
graph Cd) hereof. Failure to notify shall be deemed to be an
election not to purchase such interest.
(b) In the event that -the Surviving Partners shall elect
not to purchase such interest, they shall so notify the aforesaid
appropriate party, as well as the Pa~tnership, within thirty (30)
days from the date of the election set 'forth in Article 12.01(a)
above.
(c) Each no~ice of acceptance by a Surviving,. Partner
shall specify the amount of his or her "proportionate share"
which such Surviving Partner intends to purchase. In the event
that a Surviving Pa~tner shal~~lect not to acquire all of his or
her proportionate share, then and in that event the Partnership
shall so notify the other Surviving Partners who did give timely
notice, who shall have ten ClO) days from receipt of such notice
to notify the representative of the decedent and the Partnership
of his or her acceptance to purchase all or a portion of the
balance of such proportionate share. For the purposes of this
subparagraph, a Surviving Partner's "proportionate share" of the
interest to be purchased from the deceased Partner shall be
determined in the same manner as provided in section 11.01
hereof. A Surviving Partner shall waive his right to purchase,
as hereinabove described, if he fails to provide the
aforedescribed timely notice.
(d) In the event that the Surviving Partners have
elected to purchase th~ entire interest of the deceased Partner,
9
a purchase price (u~less voluntary agreement can be reached by
the parties) shall be the value as finally determined for Federal
Estate Tax purposes.
(e) A closing shall take place one hundred eighty
(180)days after the value is determined unless otherwise agreed
upon by the parties. Any closing costs shall be split equally by
the purchasing parties and a selling party. A purchase price
shall be paid as follows: twenty percent (20%) at closing by
cash, cashier's check, certified check or bank check; the balance
by a promissory note bearing interest at Chase Manhattan prime in
a form commonly used in Palm Beach County providing:
( a) no
prepayment penalty, (b) interest payable quarterly, and (c)
principal payable in equal semi-annual installments. Such
installments of principal shall be paid as follows: (a) if the
principal amount of the Note is less than $200,000.00, then it
shall be paid in eight (8) equal semi-annual installments; (b) if
the principal amount of the Note is~less than $400,000.00, then
it shall be paid in sixteen (16) semi-annual installments; (c) if
the principal amount of ~he Note is $400,000.00 or more, then it
shall be paid in twenty (20) equal semi-annual instal~ments; (d)
the note shall be secured by assets satisfactory to Seller or an
irr~vocable letter. of credit.
In the event that the Partnership has pu~chased life
insurance on the decedent for the purposes of funding this
"buy-out" in an amount equal to or greater than the percentage of
the purchase price to be pa:d at closing, then the cash due at
closing shall be the net proceeds therefrom, payable upon receipt
by the Partnership and allocated to the purchasing Partners, as
a~~ropriate, the balance, if any, by promissory note as herein-
a~ove described. If the proceeds from li=e :nsur2~ce are less
than said percentage,
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shall be applied against the cash
required at closing. ~he oarties may modify this payment
schedule upon mutual agreement.
(f) If the surviving Partners did not elect to purchase
the entire interest of the decedent, then the surviving Partners
shall either: (i) proceed with reasonable promptness to liquidate
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the assets of the Partnership or (ii) continue the business of
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the Partnership as herein set forth with the estate (and
ultimately the distributees of the estate) of the deceased
Partner according to said Partnership interest. Unless waived,
the surviving Partners and estate of the deceased Partner shall
share in the profits and losses of the business during the period
of liquidation in the same proportions in which they shared such
" .
profits and losses prior to the death of the deceased Partner,
except that the estate of the decedent shall not be liable for
losses in excess of the decedent's interest in the Partnership at
the time of his death.
ARTICLE 13 - DISSOLUTION
13.01
The Partnership may be dissolved at any time upon the
vote of the Partners owning sixty percent (60%) of the interests of
the parties.
Upon any voluntary dissolution, the Partnership shall
immediately commence to wind up its affairs. The Partners shall
continue to share profits and losses dur~ng the period of liquidation
in the same proportions as before dissolution. The proceeds from
liquidation of Partnership assets shall be distributed in the manner
prescribed in section 620.7~5 of the Florida Statutes (1981).
13.02 If any of the ,following-events shall occur:
~
(a) If-any Partner shall be the subject of a voluntary
or involuntary petition (which remains undismissed sixty (60)
days after its filing) in bankruptcy or shal: be adjudicated a
bankrupt or insolvent, or shall admit insolvency or file any
petition or answer seeking any organization, arrangement,
composition, readjustment, liquidation, dissolution or similar
relief for himself under the present or any future federal
bankruptcy act or any other present or future applicadb~e
federal, state or other statute or law relative to bankruptcy,
insolvency or other relief for debtors or shall seek consent to
or acquiese in the appointment of any trustee, receiver,
conservator or liquidator of said Partner or of all or any
substantial part of his properties or his interest in the
Partnership (the term "acquiesce" includes but is not limited to
the failure to file a petition or motion to vacate or discharge
any order, judgment cr decree providing for such appointment
11
within ten (10) days after the appointment); or
(b) If any Partner shall make an assignment for the
benefit of creditors or take any other similar action for the
protection or benefit of creditors;
(c) In the event of the occurrence of an event set forth
in Section 620.71(3) and (5) and,(6).
If such dissolution is caused by a Partner doing or suffering
any of the acts set forth above, or by vio:ating this Agreement
or b~ conducting himself or becoming incapacitated as described
in F.S. 620.715(1)(a)(b)(c) and (d), then such Partner shall be
deemed to have caused the dissolution wrongfully and the
remaining Partners shall have all rights provided to them 1n F.S.
620.745 or, in the alternative, may cause the liquidation of the
Partnership assets.
13.03 In the event of the occurrence of an event specified in
section 13.01 or 13.02 above, any gain or loss on disposition of
Partnership properties in the process of~liquidation shall be credited
or charged to the Partners in the proportiori of their interests in the
Partnership. Any property distributed in kind in the-liquidation
shall be valued and treated as though the property were sold and the
cash proceeds were distributed. The difference between the value of
property ~istributed in- kind and its book value shall be treated as a
gain or loss on sale of the property and shal~ be credited or charged
to the Partners in the proportions of their interest in the Partner-
ship.
ARTICLE 14 - DEFAULT
14.01 In the event any Partner fails to make any payment
required by the provisions hereof, within ten (10) working days after
the same becomes due and payable by such Partner, then such Partner
shall be deemed to have de=aulted in the performance of his obliga-
tions under this Agreement (~ereinafter referredd to as "DEFAULTING
PARTNER'), and all of the interest of such DEFAULTING PARTNER shall
thereupon become a "Defaulted Interest" and shall be subject to dis-
position as hereinafter provided. The date said payment was origin-
ally due shall be called the "Defaulted Date". While in default, a
Defaulting Partner shall have no right to vote or otherwise direct
or control the activities of the Partnership.
12
Witnin ten (10) days after the Default Date, each of the
NON-DEFAULTING PARTNER or PARTNERS shall by written notice to the
,Partnership, signify his willingness to pay his pro rata share of ,the
required payment owed by the Defaulting Partner. If no notice is
received within suc~ period of time, such NON-DEFAULTING PARTNER shall
be deemed to have refused to pay his'prorata share of the requir~d
payment owed by the Defaulting Partner and the options available in
this Article will not be available to such NON-DEFAULTING PARTNER.
The NON-DEFAULTING PARTNER(S), who have signified by a timely writing,
their willingness to pay such required payment owed by the Defaulting
Partner shall forthwith pay over to the Partnership his pro rata share
of the amount owed.
Upon payment to the Partnership of such pro rata
share such NON-DEFAULTING PARTNER or PARTNERS shall thereafter require
the following rights in and to such Defaulted Interest:
(a) A lien upon such'Defaulted Interest for the pro rata
amount so paid, plus ,interest thereon at the highest rate
permitted by law. The DEFAULTING PARTNER shall have the period
of time hereinafter stated from the Default Date to pay to the
~
Partnership the amount owed by the DEFAULTING PARTNER, plus
interest and all charges by the Partnership incurred- on account
of s~ch default. If so paid, the Partnership shall remit to the
NO~~DEFAULTING PAR~NER(S) advancing such monies, the sums due.
(b) Should the default not be cured in full within
thirty (30) days from the Default Date, the NON-DEFAULT~NG
PARTNER or PARTNERS shall have the right and option to purchase
their pro rata share of the Defaulted Interest purs~ant to the
remaining provis~ons of this Raticle.
(c) The NON-DEFAULTING PARTNER or PARTNERS desiring to
purchase the interest of a Defaulting Partner shall, within sixty
(60) days from the expiration of the curative period, purchase
the interest of the DEFAULTING PARTNER for a purchase price of
one hundred percent (100%) of the book va::'ue of the DEF'AUL~ING
PARTNER'S interest less the amount of the default.
Cd> The NON-DEFAULTING PARTNERCS) are authorized ana
directed to issue an assignment covering any Defaulted Interest
in the event the DEFAl~TING PARTNER, as seller thereof, fails or
refuses to execute a r-oper assignment.
..
Each Partner does
,I
13
hereby irrevocably appoint the then NO~-DEFADLTING PARTNER(S) as
his lawful agent and attorney-in-fact coupled with an interest
for val~ab1e consideration to execute such assignment.
14.02 The purchase price to be paid by the PURCHASING
PARTNER(S) who purcbase a DEFAULTING PARTNER'S interest in accordance
with the provisions of Article l4 shall be paid in the following'
manner:
(a) The PURCHASING PARTNERS shall take subject to the
DEFAULTING PARTNER'S pro rata allocation of any mortgage
indebtedness encumbering the property and the PURCHASING PARTNERS
shall be .entitled to a credit therefor.
.(b) The PURCHASING PARTNERS will each deliver to the
DEFAULTING PARTNER, a fully executed unsecured promissory note
for his pro rata share of the balance, less credits and normal
proratable expenses, on a form commonly used in Palm Beach
County, Florida, providing for acceleration on thirty (30) days'
default, attorneys' fees, bearing interest at the rate of seven
percent (7%) per annum, and subject to the provi~ions of this
instrument, interest and principal payable in th~ number of equal
annual payments as hereinafter provided~
(c) The Note shall be payable as follows:
~
(i) -If the balance due to the DEFAULTING PART~ER
~.
is less than $50,000.00, then the note shall nrovide for a
single payment at the end of one year.
(ii) If the balance due the DEFAULTING PARTNER is
between $50,000.00 and $100,000.00. then the note shall
provide for two (2) equal annual payments.
(iii) If the balance due the DEFAULTING PARTNER is
greater than $100,000.00, then the note shall provide for
four (4) equal ann~al payments.
(d) The note may be prepaid in whole or in part at
any time without penalty.
14.03 The reamining Partners may, in the alternative to the
acquisition of a defaulted interest, cause the dissolution of the
Partnership. Such right shall also apply in any other material
default which is uncured a~ter ten (10) days notice herein.
14
~
ARTICLE 15 - AMENDMENTS
15.01
Any amendments to this Agreement shall be made in
writing and shall be attached to this original Agreement."
ARTICLE. 16 - BINDING ON SUCCESSORS
16.01 This Agreement Bha1l be binding upon and operate for
.. '
the benefit of the parties hereto and their heirs and legal representa-
tives. It shall be bind:ng upon any transferee who has received any
interest in the,Partnership, and upon the heirs and 1eg2~ representa-
tives of such transferee, and upon any person claiming any interest in
any of the Partnership pursuant to a purported transfer made in viola-
.
lion of the provisions of this Agreement, and upon the heirs, assigns
and legal representatives of such person.
ARTICLE 17 - MISCELLANEOUS
17.01 If any section, sub-section, sentence, clause, phrase
or portion of this Agreement is, for any reason, held invalid or uncon-
stitutional by any court of compet~nt j~risdiction, such portion shall
be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions hereof
which shall be enforced to the fullest extent permitted by law.
17.02 Except as otherwise provided herein, this Agr~ement
shall terminate and be~ome null and void upon the dissolution or
liquidation of this Par~nership. --
17.03 This Agreement shall be construed i~ accordance with the
laws of the State of Florida notwithstanding the residence or domicile
of any of the parties hereto now or in the future.
17.04 Any notice required by this Agreement shall be deemed to
have been served if sent registered or certified mail, addressed to
the party to whom such notice is intended to be given, at the address
set forth above or at such other address as each party shall have pre-
viously furnished, in writing, to the Partnership.
17.05 This instrQ~ent contains the entire Agreement of the
.
parties and may not be changed, modified or cancelled except by writ-
ten instrument, duly executed by all of said parties.
17.06 Captions or titles of paragraphs contained herein are
for convenience only, and neither limit or amplify the provisions of
the Agreement itself.
15
~
l7.07 Any provisions ~n this Partnership Agreement may be
waived by unanimous vote of the Partners entitled to cast votes.
17.08 !n the event that any Partner shall fail, neglect, or
refuse to comply with the provisions of this Agreement, then, ~n that
event, and so long as .such defaul t conti nues, such defa ul ti ng Partner
or transferee thereof in violation of the provisions hereof shall not
'. .
be entitled to vote at any meeting of the Partners and the holder of
such interest shall not be entitled to any distributions in respect o~
his interest.
17.09 The parties agree that irreparable damage would be done
to the goodwill and reputation of the Partnership if any Partner
should bring an action in court to dissolve the Partnership except
where a material violation of this Agreement has occurred or as
provided for herein. Care has not been taken in this Aqreement to
provide what the parties feel is fair and just payment in liquidation
of the interests of all Partners. Accordingly, each party hereby
waives and renounces his right to such a ~ourt decree of dissolution
or to seek the appointment by the court of'a liquidator for the
Partnership.
17.10 Each of the parties acknowledges that the parties will
be irreparably damaged (and damages at law' would be a~ inadequate
remedy) tif this Agre~ment is not specifically enforced.
Therefore, in
the event of a breach or threatened breach by any party of any pro-
vision of this Agreement, then the other party shall be entitled, in
addition to all other rights or remedies, to injunctions restraining
such breach, without being required to show any actual damage or to
post any bond or other security, and/or to a decree fc~ specific per-
formance of the provisions of this Agreement.
17.11 If any :egal action or other proceeding, including arbi-
tration, is brought for the enforcement of this Agreement, or because
of an alleged dispute, breach, default or misrepresentation in connec-
tion with any provisions ~f this Agreement, the successful or prevail-
ing party or parties shall ~e entitled to recover reasonable at tor-
ney's fees and expenses, court costs and all expenses even if not
taxable as court costs (including, without limitation, attorney's fees
and expenses incident to any appeals), incurred in that action or
proceeding (plus interest on such aggregate amount at a rate per
16
annum equal to the maXimum rate under applicable law), ln addition to
any other relief to which s~h party or parties may be entitled.
17.12 No remedy herein conferred upon any party is intended to
be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by
". ...
statute or otherwise. No single or partial exercise by any party of
any right, power or remedy hereunder shall preclude any other or
further exercise hereof.
IN WITNESS WHEREOF, the parties hereto have executed the
foregoing Partnership Agreement: as of the date first above written.
WIrr~ESSES :
(SEAL)
d6~~
tI
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As t% HERBERT BROCK
gfV~
.~Jt_ - 'AL(l~
~DRSW BROCK
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PETER B~--
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( SEAL)
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As to PETER BROCK
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As ~o WILLI~~ S. GRAHAM
~~
WILLIAMS. G ~AM
(SEAL)
S~ATE OF FLORIDA
SS
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
ackr.owledgments, personally appeared HERBERT BROCK, well known to me
~o be the person describ~d in and who executed the foregoing
l.nstrument,
and he acknowledged before me that he executed the same in the
presence of two subscribing wi~nesses freely and voluntarily.
WITNESS my hand
aforesaid th.:.~ ..s I day
,,~ ~ ~ r 1'''-:1, ",
-;...,..
and~iCial seal in the County and State
of '~ ' 19Rs-.
~A1~(J~
Notary PubA~Cta~S$te of Florida
My G~mmission Expires:
1 7 ;~o!~ry PubEc. SlJ~e of Flor;c;-
My (ommil~i,n h;;::cs Cec. 12, 1988
~ I; l) I :1f1,.o I f oJ 'l" I.. n j.
last
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STATE OF ~LOKIDA )
:SS
COUNTY OF PAL~ BEACH )
I HEREBY C~RTlfY tha~ on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared ANDREW BROCK, well known to me to
be the person described in and who executed the foregoing instrument,
and he ackno~ledged before me that he executed the same in the
presence of two subscribing witnesses. freely and voluntarily.,
-~,--" - ~ ,:~~~-:;'
in the County and State last
, 19%_').
WITN~SS my hand and
aforesaid this c:5j4 cay of
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Notary)Public, State of Florida
At Large
My Commission Expires:
Noti!TY PUJr,c, StJ~c of Florroa
My Commjs~i~n Ex;:;res Dec, J2, J988
Bondod I hru troy 'a.n tll"\J~.a,nc.. Inc.
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STA:;~"'-;'F:'i'f~;IJ~>Y )
COUNTY OF ?A~~~"[.S.+tS
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared PETER BROCK, well known to me to
be the person described in and who executed the foregoing instrument,
and he acknowled~ed before me that he exe~uted the same in the
presence of two subscribing witness~s freely and voluntarily.
WITNESS my hand
af<?r~i!-ti9~_;th.is J/"""'" day
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official seal in the County and State last
P'J JU..l~AJj , 19~.
Q,J'LQ:f=:a~L~' O~~ ,
Notary Public, St~te of Florida
At LargEf
My Commission ExRJres:
CONSTANCE GALLlN
Notary Public. State of New york
, No, 6Q-4697555
o 1lfled in Westchester coun~.--
c~~mission Expires March 30, 19 ..J
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STATE OF FLORIDA )
:SS
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that. on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared WILLIAM S. G~AHAM, well known to
me to be the person de~cribed in and who executed the foregoing
instrument, and he acknowledged before me that he executed the same in
the presence of two subscribin~ witnesses freely and vo:untarily.
, .
rJ, ,
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oJ
anc ~al in the County and State last
Of~. ,19?S:
~~/l!-{J~
Kotary Public, State of ?lorida
At Large
My Commission Expires:
t-;otary Pu!Jlic, State of Poric1a
My Commission Expi~es Dee, 12, 19M
f'Dl'Idod Jh/u 1,0'1 Fain. In3.UrllhU,. Inee
WITNESS my hcnd
aforesaid this c? I cay
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18
flAPHi~ET
ctr.onic Mail Service Center
I""""""""'.. Ii"""""" FREEDO..J EXPRESSSM
< ~.1 "~~" - '~"1 ~
I ALFReD AVeNUE, TEANECK, NEW JERSEY 07666
(201) 569-7707
IA
34 280-1 M686 35 08/26/85 15:16
08/26 15:14 1042 178-1 C034 28121 08/26/85 15:14
RGB178 VIA ITT GXI769 LGB783
NX CO NOLG 12137
YALVIKINGSKY/LADE ROGALANDRADIO 37/34 26 1800
N POLSON
o PERRY MCCARTHY AND COX
1 SOUTH FLAGLER-DRIVE
ST PALM BEACH FL 3341211
HERBERT A. BROCK HAVE APPOINTED MARTIN F. PERRY AS AGENT TO ACT
BEHALF OF KNUTH ROAD ASSOCIATES
HERBERT A. BROCK
L 51211 WESTPALMBEACHFLORIDA(33401)
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A F F I D A V I T
STATE OF FLORIDA
SS
COUNTY OF PALM BEACH
Before me, the undersigned authority personally
appeared KNU?~: ~0AD ASSOCIATES, who being by me first
.
duly sworn, on oath deposes and says:
I. That they are the fee simple owners of the
following described property, to-wit
(Give legal
description)
SEE ATTACHED
2. That they desire annexation to Boynton Beach,
Florida.
3.
That they have appointed F.
PERRY to
act as agent in their
Partner
Sworn to and subscribed before me
this
:A7
day of Au (j U,f;-'
, 1985
/ )/)r . 1, .-1 01 ____
i '~n,t<..f {..1/,0. n..-t-t ( I , -JA...
r
Notary Public, State ofl^.~lor~da at Large
~, ""'1' f":~"C l:t .
, .' '...' , " ,'LI' "I rf';f/'la at '
, ~-...._ ,_ ", ,Y II, large
My Commission Expires: L_".:~~, i.;::~'-,;,~.r:;I,:.",(''' j'llv 21. l~f!g
, , , ., - ",:,; :;1rO~[P..',,~~' ,
The proposed Capitol Professional Center is comprised
of two four-story buildings consisting of approximately
33,000 square feet of gross building area. A total site
area of 3.64 acres is located on the southeast corner
of the intersection of Knuth Road and Old Boynton Road.
Access to the Capitol Professional Center is provided
via Knuth Road and Old Boynton Road.
This proposed development is unique in the fact that it
will provide well-needed professional condominium office
space. Currently under construction and located within
the immediate vicinity are the Boynton Mall and the
Boynton Beach Promenade. These two projects will serve
to greatly accelerate the growth and development of the
vicinity. This, in turn, will create a continuing need
for commercial and professional services within the
area.
Knuth Road Associates Annexation Request - Right-of-Way Description
A portion of Knuth Road right-of-way in Section 19, Township 45 South
Range 43 East, more particularly described as that part of the said
Knuth Road right-of-way being 30 feet in width and lying between the
South right-of-way line of Old Boynton Road and a line parallel to and
495.32 feet south of said South right-of-way line.
(~
TRAFFIC IMPACT ANALYSIS
FOR
CAPITOL PROFESSIONAL CENTER
OLD BOYNTON ROAD
BOYNTON BEACH, FLORIDA
AUGUST, 1985
\-'
Prepared By:
K. S. ROGERS, CONSULTING ENGINEER, INC.
1495 Forest Hill Boulevard
Suite F, Centre Place Professional Park
West Palm Beach, FL 33406
305-964-7300
~"
~- ~
LIST OF FIGURES
FIGURE 1 LOCATION MAP
FIGURE 2 EXISTING ROADWAY
CONDITIONS
FIGURE 3 DISTRIBUTED TRAFFIC
FIGURE 4 TOTAL TRAFFIC
FIGURE 5 PEAK HOUR VOLUMES
FIGURE 6 PEAK HOUR VOLUMES
WITH BOYNTON MALL
it. -"\
1
LIST OF APPENDICES
APPENDIX "A"
THRESHOLD VOLUMES
FOR SIGNIFICANT
IMPACT
APPENDIX "B"
CATEGORY A/B & C
APPENDIX "c"
CAPACITY OF LEVEL
OF SERVICE "c"
APPENDIX "0"
CAPACITY OF LEVEL
OF SERVICE "D"
APPENDIX "E"
INTERSECTION
ANALYSIS
IN'l'RODUCTION
This office has been retained to prepare a Traffic Impact
Analysis for a professional office complex located on 3.6
acres of land on the southeast corner of the intersection of
Old Boynton Road and Knuth Road in Section 19, Township 45
South, Range 43 East, in the unincorporated area of Palm Beach
County, Florida. This site is subject to a petition for
voluntary annexation into the City of Boynton Beach.
Conforming to the requirements of the City's Planning
Department, this report has been performed in accordance with
the standards and criteria as established in the Palm Beach
County Traffic Performance Standards Ordinance #81-6. This
Analysis has been performed in order to determine the volume
of traffic expected to be attracted by this project at such
time that this project is completely built out and occupied,
the effect that this traffic will have on the capacity of the
roadways in the area of the project and what roadway
improvements, if any, are necessary as a result of the
approval of this project.
Existing traffic counts, which were available from the
Metropolitan Planning Organization and the Palm Beach County
Traffic Division were used when applicable and these counts
were augmented by twenty-four (24) hour machine counts and
peak hour hand counts performed by this office.
SITE INFORMATION
The location map, Figure 1, shows the location of this
parcel of land in relation to the area's thoroughfares. The
Site Plan, as prepared by Kilday & Associates, shows a total
of 66,000 square feet of professional office building area.
The exact building use has not been determined. However, for
the purposes of this report, it shall be assumed that 12,000
square feet of floor area will be used for medical office
space and 54,000 square feet of floor area will be general
office space.
The Site Plan shows two points of access for this parcel.
One point of access is onto Old Boynton Road and one is onto
Knuth Road.
EXISTING ROADWAY CONDITIONS
The major road serving as access to this project is Old
Boynton Road. Old Boynton Road is an east/west collector road
which currently runs from Boynton Beach Boulevard to Military
Trail. Old Boynton Road is presently being widened to a five
lane roadway from Congress Avenue to the mall entrance and a
three lane roadway westerly to Knuth Road. Other major
roadways in the project area are Congress Avenue and Boynton
Beach Boulevard. Congress Avenue north of Boynton Beach
Boulevard is a four lane divided roadway and a two lane
roadway south of Boynton Beach Boulevard. Boynton Beach
Boulevard east of Congress Avenue is a six lane divided
roadway and is a two lane roadway west of Congress. However,
plans for the widening of this roadway to four lanes are
presently being reviewed by the County Engineer's Office and
reconstruction of Boynton Beach Boulevard from west of
Congress Avenue to Military Trail is expected to commence
shortly.
Figure 2 shows the existing volumes on the roadways
within the study area for this project and the capacity of
each segment of roadway at Level of Service "D".
-2-
GENERATION
The generation rates used for this project were based
upon information published in the report, "Trip Generation -
Third Edition", Institute of Transportation Engineers, 1982
and from observations made of similar types of land uses. The
total generation for this project has been determined by the
following:
Medical Office
General Office
55 tpd/I,OOO sq.ft.
18 tpd/l,OOO sq. ft.
Thus, for this 66,000 square foot development, the total
volume of traffic which can reasonably be expected to be
generated by this project is 1,632 trips per day.
TRAFFIC DISTRIBUTION
The traffic distribution for this project was prepared
according to a gravity distribution using existing and
proposed land use patterns within this project's proposed
service area. This determination was done using project
population patterns for the year 1990 as prepared by the Palm
Beach County Area Planning Board. The traffic distribution
for this project was then calculated and is shown below:
NORTH 31.4%
EAST 28.7%
WEST 24.6%
SOUTH 15.3%
-3-
TRAFFIC ASSIGNMENT
This distributed traffic was then assigned to the
available roadway network based upon a review of the existing
and proposed roadway network in the study area of this project
and from an observation of existing travel patterns. Figure 3
shows the distributed traffic on the roadways in the project
study area.
EFFECT ON ROADWAY CAPACITY
A project that creates a "Significant Impact" can be
classified as either "Category A" , "Category BIl, or "Category
C". A Significant Impact is defined by the Traffic
Performance Standards Ordinance as volumes in excess of 5% of
the capacity of a two lane roadway, 4% of the capacity of a
four lane roadway and 3% of the capacity of a six lane
roadway. Further details on the definition of Significant
Impact are found in Appendix A. Brief definitions of
Categories A, B & C are given in Appendix B.
A "Category A" Petition is a petition which creates a
IlSignificant Impact" on a roadway link which has an existing
volume in excess of its' capacity at Level of Service "D".
(Capacity of roadways at Level of Service "c" and "D" are
shown in Appendix C and D). Figure 2 shows the existing
volumes and the capacity volume of that segment of roadway at
Level of Service "D". From Figure 2, it can be seen that the
following roadway segments have existing volumes in excess of
their capacity of Level of Service "D":
TABLE 1
Boynton Beach Blvd.
Military Trail
Congress Avenue
Congress Ave. to Military Trail
North of Boynton Beach Blvd.
South of Boynton Beach Blvd.
-4-
From a review of Figure 3 and Appendix A, it can be seen
that this project creates a "Significant Impact" on the
following roadway link within the project's study area:
TABLE 2
Old Boynton Road - Knuth Road to Congress Avenue
From a review of Table I and 2 it is concluded that this
project does not create a "Significant Impact" on any roadway
which has volumes in excess of capacity. Therefore, this
project does not fall under the "Category A" criteria as
defined in the Traffic Performance Standards Ordinance.
A "Category B" Petition is a petition which creates a
"Significant Effect" on a roadway link which has a total
volume in excess of its' capacity at Level of Service "0".
Figure 4 shows the total traffic for each segment of roadway
in the project's study area.
From a comparison of the volumes in Figure 3 and Table 1,
it can be concluded that this project can be classified as
"Category B".
According to the Traffic Performance Standards Ordinance,
a "Category B" Petition may be approved under certain
conditions. The first condition is that no phase of the
project impact a roadway with its' total traffic in excess of
its' capacity by more than 10% of the road's capacity. From a
review of Figures 2 and 3, it can be concluded that this
project does not create volumes in excess of 10% of any
roadway's capacity.
The
impact
Again,
project
roadway capacity
second condition is that
a roadway by more than 20%
by J;:'eviewing Figures 2 and
does not create volumes in
no phase of the project
of the road's capacity.
3, it is seen that this
excess of 20% of any
within the study area.
-5-
The other conditions relating to approval of a "Category
B" Petition are not applicable to this Petition as they deal
with density bonuses which this Petition is not requesting.
This project, therefore, can be approved in accordance
with the Palm Beach County Traffic Performance Standards
without having to mitigate traffic impacts.
PEAK HOUR
The distributed and assigned traffic as calculated above
was then converted to peak hour volumes using criteria for
commercial centers of this size established in "Trip
Generation, Third Edition", Institute of Transportation
Engineers, 1982. The peak hour volumes have been determined
to be 10% of the average, daily traffic (ADT) generated by
this project.
The directional splits for the peak hour have also been
determined to be:
IN 21%
OUT 79%
The total, average, daily traffic thus expected to be
generated by this project during the peak hour is 245 trips.
These peak hour volumes were then assigned to the
project's driveways and adjacent roadway intersections. At
the time of the preparation of this report, Old Boynton Road
from Congress Avenue to Knuth Road was under construction. It
was, therefore, impossible to obtain peak hour counts at the
intersection of Knuth Road and Old Boynton Road and counts on
the west approach to Old Boynton Road and Congress Avenue.
The volumes shown in Figure 5, entering and exiting Old
Boynton Road, were extrapolated from average, daily traffic
counts previously made at that intersection.
-6-
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Figure 5 shows the project peak hour movements and the
existing plus project peak hour movements.
It is recommended that a minimum length left turn lane be
constructed on Knuth Road on the north approach to the
intersection with Boynton Beach Boulevard.
The impact of the project's traffic in comparison with
the expected traffic generated by the Boynton Mall was also
investigated. Peak hour volumes from the Mall were obtained
from the DRI application entitled "Site Traffic Analysis for
Boynton Beach Mall" prepared by Greiner Engineering Sciences,
Inc., dated July, 1978. The peak hour volumes for the
intersection of Old Boynton Road and Congress Avenue for this
project and the Boynton Mall are shown in Figure 6. An
analysis of the volumes in Figure 6 shows that the existing
improvements and those under construction are adequate to
accommodate the existing, project and Boynton Mall traffic.
CONCLUSIONS
This proposed commercial project is expected to generate
an average of 1,632 trips per day. This project has been
found not to create a "Significant Impact" on traffic on any
roadway. According to the criteria established in the Traffic
Performance Standards Ordinance, this project is classified as
a Category "B" Petition. However, as this project is
considered to meet all of the criteria of the Traffic
Performance Standards Ordinance, it may be approved as
submitted.
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APPENDIX
THOROUGHFARE TYPE
Two Lane (Two Way)
Two Lane (One Way)
Four Lane (Undivided)
Five Lane (Undivided)
Four Lane (Divided)
Six Lane (Divided)
Eight Lane (Divided)
APPENDIX "A"
THRESHOLD VOLUMES FOR
SIGNIFICANT IMPACT
MINIMUM VOLUME
(TRIPS PER DAY)
575
675
928
1104
1104
1242
APPENDIX IIBII
CATEGORY A, B & C
CATEGORY A
WHERE DEVELOPMENT CREATES A SIGNIFICANT
IMPACT ON A ROADWAY WITHIN THE RADIUS OF
DEVELOPMENT INFLUENCE WHERE EXISTING
VOLUMES EXCEED CAPACITY AT LEVEL OF SER-
VICE "D~
CATEGORY B
WHERE DEVELOPMENT CREATES A SIGNIFICANT
IMPACT ON A ROADWAY WITHIN THE RADIUS
OF DEVELOPMENT INFLUENCE WHERE THE TOTAL
TRAFFIC EXCEEDS CAPACITY AT LEVEL OF
SERVICE IID~
CATEGORY C
WHERE DEVELOPMENT CREATES A SIGNIFICANT
IMPACT ON A ROADWAY WITHIN THE RADIUS
OF DEVELOPMENT INFLUENCE WHERE THE TOTAL
TRAFFIC DOES NOT EXCEED CAPACITY AT LEVEL
OF SERVICE IID~
,~
APPENDIX "C"
CAPACITY OF
LEVEL OF SERVICE "e"
DESIGN TYPE AVERAGE ANNUAL DAILY TRIPS
CAPACITY (AADT)
Two lane (two way) 10,000
Two lane (one way) 12,000
Four lane (undivided) 20,000
Five lane (undivided) 24,000
Four lane (divided) 24,000
Six lane (divided) 36,000
Eight lan~ (divided) 48,000
Six lane expressway 72,000
Eight lane expressway 96,000
----
APPENDIX "D"
CAPACITY OF
LEVEL OF SERVICE liD"
DESIGN TYPE AADT
Two lane (two way) 11,500
Two lane (one way) 13,800
Four lane (undivided) 23,200
Five lane (undivided) 27,600
Four lane (divided) 27,600
Six lane (divided) 41,400
Eight lane (divided) 55,200
Six lane expressway 82,800
Eight lane expressway 110,400
~
APPENDIX liE"
"
TRANSPORTATION RESEARCH CENTER
CRITICAL MOVEMENT ANALYSIS
,
,
OLD BOYNTON & CONGRESS W/MALL
DATE 8/27/85
**********************************
LEVEL OF SERVICE B
SATURATION 64
CRITICAL N/S VOL 647
CRITICAL E/W VOL 405
CRITICAL SUM 1052
*************************************
LANE
NORTHBOUND
MOV WIDTH
LANE GEOMETRY
SOUTHBOUND EASTBOUND
MOV WIDTH MOV WIDTH
WESTBOUND
MOV WIDTH
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L. .
L..
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12.0
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6
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NORTHBOUND
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SOUTHBOUND EASTBOUND
WESTBOUND
LEFT
THRU
RIGHT
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46
100
711
49
117
154
119
27
132
121
NORTHBOUND
SOUTHBOUND
EASTBOUND
WESTBOUND
TRUCKS (%)
5
5
5
5
LOCAL BUSES (#/HR)
o
o
o
o
PEAK HOUR FACTOR
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.85
.85
.85
PHASING N/S
E/W
PEDESTRIAN ACTIVITY
CYCLE LENGTH
:4.
BOTH TURNS PROTECTED (WITH OVERLAP)
BOTH TURNS PROTECTED (WITH OVERLAP)
o - 99 (#PEDS/HR)
: 4.
: 1.
80 SECONDS
CRITICAL LANE VOLUMES BY MOVEMENT
NORTHBOUND SOUTHBOUND EASTBOUND
THRU -RIGHT 576 491 190
LEFT 76 71 93
LEFT TURN CHECK
NORTHBOUND SOUTHBOUND EASTBOUND
INPUT VOLUME 104 100 117
--~DJUSTED VOL 76 71 93
2APACITY 0 0 0
MOVEMENT N/A N/A N/A
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o
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