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APPLICATION r ~, \ 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 , tt-' 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: ~ " .;;.::i~in:x!v'~ ~." "?"/~i'"'"'.1 . ",...... ."', M \_. :/ ."" l:~i.~rf~jf 1'}~'.\';"'i.""iY(" ~-~ -.~Ki;d8y fj.--Ass'ocJntos --~- -~---~--_._. -. 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. -----~._--.." --_.,.-."-,._--"---._-_._'_._-_._--"-_._-~._----,._---- --.-----.,.-..--..,. ,. '. rf~~f'iI~"" '://'/' . . 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, or.."' ?' ~~ ~",.,. - ~;;&'/;.?-" Chuck Yannette ,. cc: Bill Winchester Rick Rossi; Rossi & Malavasi Rob Rennebaum; simmons Application accepted by: & w~e ~~ -/ ~dt.J ///0/1/ / { date: .... 1'," 'It . 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 = = . "'" . 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. . . , .. . s / ~ 02 'I 37 /550 /2,~/1 /3 700 I 5 BOYN70N 2~/SLf 62- 517'1 33) iflf5 4&; 300 } SIMMONS & WHITE, INC. N Engineers. Planners · Consultants /2 ~/O /2)'10 ) 13 II ~/2- ~/2. J S} 2. 35 /3) Z 3'3 ~ /3,'100 /9, 700 ~ ~ OL-O o JJToA./ ,eoAJ/ (21-.) ~ 33) 252 (;03 6tjg3 LfO, L,t3B t/6; 300 331252- /25 (p 9B 8 40)3bO 'I (p; 300 \t) ~ <""""'I ~ ~ ~~ ~ ~ ~ ~ CJ ~ ( (PI...) 8EJ9CH nOjGer / i!: ~ ~ ~ F/GUR-E" / LE.{;6IJD ZB 181..) 19q1 A.H.o. 7: ) 82- PROJ'Ecr Jl~~/6;Jjv1€.NT 5/79 /3,4CK6ROUNO i/CArF/C!. 33, L/lIS" /tJTf1L TRA;=FIC 'I~I 300 f7!JtJPT€O 7HK'&5fItJ1-0 VOLtJi.lE ~ "t t.I} V) 1lI ~ \:tl < ~ '-.) KNUTH R.O~D PCl? '12-{)05 A ZF;e if,//5/r:::. 4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415 Telephone (407) 965-9144 - -_._,...._-_._.~ ..__.."_._--_.._--,-_._--_.-~----"---------------- ---~...._.,---_._---_. 1- , SIMMONS g Wf!ITE.I!JL 92-005 1/8/12 ,€;::" R. 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S5g ::<::n: "''''''' 000 ot'I~~.. _NO." a:lCa_::l MMMc NNNi 1""""":1 ~I.i ~ La o~<:) - n ..J ~ ~ .. 2.11 ( /7 J It, ~ 15Z'-'" '" i'::1- 0 ~ ~ ~rr, , ....... ....... ~ /(,'10 ~ ~ Iqo~ 5~ 5-,. L . - N 20'1 -. tf7~ ( ~ ~ 2-()~ aOYN7tJAl BeN. 8L va i t rt.AZA ) SW[Si 2. /20 //2.0-.1 I f o ~ 15' 0 9. I? M, ,PE,t}/(. Holle rlJ/lN/N G VOL 11M €S f' ,e O:J E(; r r,e1J F P' It!.- KN'VTf/lCtJIIP f?C.12 ~EC.OMHENPATICJN5 '. /Clltlrfl ~j;) :. R T. TtllZA./ u:JNE} AI. EN'r,eANCE"" 88 BL VO :. ,er, Tt/;v.I L.4NE w: EN7~,:;NCE ,) J" ~ \I wwW ~~~ "''''''' =>=>=> ~~~ ~~~ "'"'"' ~~~ www www :1::1::1: "'"'''' 000 ..,~~ ~~~i ............:1 ~~~i ~ L. ~ tl Pfv/O, J, M TE KNtJTlIRLJ A 92-()05 .4 /!/JTt1;(leIlL G~()WTI-1/ BII~K&J!~!/IJf) 7JV!FFlC, I, 80YNTON 8CACJl gt Vo a . W~3r or C()NGA?ESg f!~~ ~~{ >- /1J;(:t ?3 - ~23!5 (61$3) ) . 6, ~I/sr ()F M/lIT,4~r j/(/lIL gB - ~FF PE'AK (}QfJ/VT - t/SE B7 !/f- zoo 1B '/ ~ 8% -! f3- 33 363 r I 28) Ie tf ' J ) ( 5/79) 2. L/lwRE/JCE /COAl) a. IV OF BB BL.VD ) &9 PE,4~ - fg3~ -r f2 PE/I~- I~ 991' > ~,8~- 9/ .- /~ ~2'f ? 3 - /2) 57'1 (/550) 3, OLO BOyNtON ~()~D ct.. < E. OF L,4WICIElJC-e 88- II, 15Z > 2 "fJ/ t 9/-/2)610 '7/, 93- 10222, ( G/Z) " ROSSI AND MALAVASI # ENGINEERS, INC. CO~SUL TING ENGINEERS ~t~ -f. t(6M+ ~I~ 580 VILLAGE BOULEVARD, SUITE 140 WEST PALM BEACH, FLORIDA 33409.1904 (407) 689.0554 FAX: (407) 689.1109 . 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. ER/jh cc: Chuck Yannetti, Kilday & Associates . / ,~. { ,/ " "~I . 0,', ::;',.: ply / be~R_Y~E_e~E~Q~~~I_e~QLQB_8~lQ~!~~_eEEb!~BIIQ~ 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" :"'-i~~~.--..._._ ...._-"". L...... ~....... 'i.. ..'. ~~~~~N: ~ 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~ .~ ~ ..."\ 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..:,.:::<::...::--"". .~...., -:-~..:::: _ _, .n~~.~ ~._--.... :"-~~"':::'-'~~':":::~~::-.~: :":-:::.::,.-.- . .; ........~..~ .... . '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 , Ii " I. ~: I~ \I " ,I I! ;. I I: I) I; I! 1 :! A-2 ;\ t' \ ~ I. . 1 l. . " : j: ; *,:~;:;;~o:-~- -". '. ~ ~ -. . ~'>---'" - .. :-=:- ~ -~'. )-:;.:......., ~ ~~ ::;.~,;,::~~ :~~. ..- - . ~ ~ ;-,- =-"----- f' .. Ii i' II II II I' Ii /1 jl II Ii I: I; l, r /; I: I, II ~: !;- I " 'I I' I' I, I . i ~ . .' ; ;. " - . ST..\ TE:\rE:\' T OF USE I Existing Use: Vacant I: I /. I I ;: 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! 'I [. .j i: t ~ r ii I' If jl 11 Ii ' I, I; ExpresS. in your own words 1 Beach, Florida: I JUSTIFICA TION why this annexation will be beneficial to Boynton I I I I , Ii jl /1 '! I 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 ~i ". . -', ,'(ft~?:::;l::::::'~ ;-:. 1- -",~-- - -~ ~--:--'- . '-':""""'\~~. . n__ ~-,. _ . -, "': .~~;J ~ ~~~::t:;~' ':;-~;...'~.,,: ~'..-- ~~ - ..... . -~~ -~, -, - - -~;'-- ,; .:;...,- .~~--.,~.---~-=------_-::--=-=::::-:~ .~ I' :, _ _ ..._------if I OJ .... .. W I< ;. .. J .. .. I " r , . I J . t . L I ~ i . I ! I - I I ;1 i. L; , I II ii\ . - J I I '" LA'H""" -, r: ," ---' .~__l ._, ., J \ . . -' u__ .J ,. .I " ji~ mil -^ , .eOTHTOlf ..UT liP J ~ Q.) ~ ~ 4- 4- ,< , ~- en >- t- ;z: o u :r u <t J -,-: ~ :'t> - ~I l D \....00 g :~I+ \ Sin ,,.. .~ '= ;g ~ ~ [[) , , :::E :L -.J <t LL. -~ 0 0 <l: 0 CD Cl :z: 2: :z: <l: .J 0. I I r~~ BOYNTON BE .:. _-'i;} CORPORATE ~ LIMITS. APRIL,I375 -..-- o l- I Scale in Mlln ~ Name of Development jOwnerCAPITOL PROFESSIONAL CENTER/KNUTH RD. ASSO Locate the subject property on this mop and shade in the- area. - a:: 4 0- W a:: 0.. \' ! j, II I ., A-4 I' i: I, ~ . '- . " I: i ct .;~;;~:~..'. "c'y,~:,;:.~~-'C,}.:: ,~"""--:i~:~~~~::~.': :': , -'- ..-- ?~: 3:'" ~":'~" - ~.~:. - - - ",." ,- - ",. -, - - , -- - , ' ' .' --' . , . __ u _'.'_ ,--.c'.' ,o-- '_ ~'",""' ..,-- ..'-or-::- ' - t A-5 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 -- ~""; 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 ;. .- I, :~,J ~ ' ' ''''T 0 :,,--=-'_.~- .-.. .- ~ -~<:,.-'"'-~ -". , . '~- -' ~-'.,-~--,. ...._~ -~ -- A-5 _ _. =-- :;.,.::; ".~':7-~' ". ~ ~ _ -7"?:~:"'.~ ;.:-' . - . - .:.......;...,c,..,-f... -...._.:,..-~_. :.-:.." ";..': ':'':'':;~~"''':.~_~'' --:.-.~ ,~~. - ._.. ,,- , ' -.- """'. ... ___-r------ - . ----- , 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 .\ ;.. i: !: ,! r .' I I :: " I' i\-6 " I . . ;. . , l""~" - ' tl~;:i~~'. " .- .-.~r:?t.~ . ....~,~'&.--:; ~ -". ~ ., ..... _........-~.- --. .::::?:-::~""':'~~:'.-.-'" , 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. !!'. ---:..-...; r:-:.-F~-:"~.c...~-=:~~ :2~,;~-":~;;:, ~:.:-I,.- . ,__..'';h . -,:.-...;;.- , ,~-"i-:~~~-~~~:~: ........~~_'~7'" -..::' :;:-7'....---, -~- ~_....:.-.:'7 _ -:.~ <. . ,"~"",,:-. . -- -. - " 7, '7 t5 .....- GO "0 ?:' I (\t.:f'. ,II I! i I; 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 ) , It -. " Iu.~ nile l... '4, I! cl.~~~n.rlea 6!!:i:l>v/iiir:;~' ;: '~/1U., ERNA Y ~ V~A \L):;..R ~h0"" ,oJ' HCORmo. u,E , - I I I I i I 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 0; 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 N' ~ , , ,fDi,.~o.o,"~ .1ll:'lrVn',..m 'and they a, kno"";,,cl(rc belor.. nle that they I' --II : l'vrlJt,.d ...,.hC=' ~4j".. . .. .- .' ...;' -. 0- _..' ,,' ~'.! ," ~:1T"E.S!; mv hane and ofhri,,1 sra! :n .he Counly and I -. . , ~ ." . I' I r ' " , ....- rO;~ _"~_:. ~/' /~,-' . ~:."il-do,[~1 a)~!orr;ald.l t~llS1&/..c;.r. ^ D. 19ffS- ca) of I ~:. "-.. .' ~. ..-..:~.1 -) dJ, I ;,. '.., .,...<-::'...:.., M...., . ~. ............... ! ,~'_ ."'.)' .' NoUtfY Puo..c. 518'\8 ~ Florida In l.!lrga' o ..'.'.,'> My Comml~ion Ex,.~ Octo-bel' 26. 1985 Bon":oc thru M~a (;ORdlng Agency rr1 "","- ~ ...... .,.. ~. I I, I :..D fT) - --' Ii Ii j/'l XJ o => N X t:- I, I; I: I Ii ,. II' ~ '; :n Ii I: I' I ~ I' Ii 'I I, I- :0 J-J ~ g ?2 ". ,- -- ~ )', , /"'":J I ; I: r?, j ;I '~.....J:\ I't., I;': .. ,; 1: I I' I; Ii I I I 11 I' 1; .' I, I- Ii \,'\. '.. ... ~ : .~ '~ . I - /'.. ~ .. ': 'T"" -( ( I ... f · :.:~~s '__ ~:.!'~!l~!.! ~!cr~ ~s~ February ,\ f), II", 85 [)y . l; fI \' rJ' \ . r: (j j' ; II f' 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: / ~ ....lPJJ-~w 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 l ..L."~--.., _...........q~...-:" ~ - -,' -'~~;""'-~~ .. - - -- ~._. ~ _ u~.___ ._ :~.~~-~~:~+~.~.::~'fj-~.::~-~- ~ -", - ~...- ~-' ~,;~i:i?;:.,~ :;... , -' - - -.-- . --....-- ----...--.....----,,--' " _ --- '..:~::'::~' .:_~-..i:~-~,,::._ . --------- ---.._-~ - - .-- - --...... ----~-- ~., _.- ...-.....-._~..#- Ii 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. , . 4~C-.~" ~~ " ' ',; r::-,. ,:~,~.F:..,:,:,~, ~ c -c ". .,.-- - -- .-- . - --~---. -.---....-,. - ~ ...:-.~7_;-~~!.-?:.:c'.. _ _ ...:.C..':-~=i:;.4'iJ;-T:'..~.. -' '."..\~- t,~.:,~;~"'rl"-~:7"3":~:-- '. ' . 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~ .. t _~'~C ;~lt5;~:~-", 2 - - -- . - .~. - .".. ...-. "-'=~~;.:,;~....~A~.:~~.~_;i-~~7'::':~ _:.~:. ~~.~~. ~.~ '.'0: ~ :--::.;;~:2..:?:::~~""'i. ~-~ -.-. :-.~ -~,...:.~-;-"'-,~.~.~~~:-;-'~ ~ .':~ , .; . ~ i :. - ~ - ; ~-. , 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. 3 1t , -~.; . -- ---- .<......,...._....~. . -: ~ .y~~~~~;~~~!:. . . \:~~~~~::--:~ __ ~-~~.~.'-;:-:~_~ ~.. ~. .";~i~[~:.-~~~._:- .... :'-~._:-~~.~~~:2-~.~;;~~_. ~ .....; -'-' ,,:",::.~ :""-i~- ..:" 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: 4 ; ~ i'--_:~-=-o:=-=~ ' : . r -"".' ';:..- - ","- -..--- ,. .- . ,..~..--. . ~-,,~--".'-~ ....-........... ..-...~. . ~- . 'Y, .:~~;..:... "- - -- ......_-~-~_......>.. ,- ~ ,--- ._-~-....__._---_.-.- - (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. ..,..., 5 -+ ~' 't!o.'t +:";':;7 = ..' . ~,., ,'.""'7_____-:-_ ox;:_. .............'->-~. . " !.'- ---...'!-~--~ . 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 i:' -~~~~~~;~. -' . = ~~~~;'~.~~- '''_.~ ....~..,.".~<;..... , - ' 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 ... t -.... .:.....:..< . ~~~~c ,"..t" ...,,-~_~,.-::----~~~~..;..,.,. _ '.:;_-~-:t~~.,<'c:.; _ .. . - - -.' -. -,;.,. '- ...... -~ ~:;':-".~::-'--- '~''''-';''~;-~-:~'- -- T ~~~.~;;:(~~!;:-S:~_. .~".. . 4_ _ ~ ..". . (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 8 : ,-{ ",' , u' .;::t~i~tl~:E___, . .. ~ ,J- -. : :-....-,c - . . .. . -A... .~ . '~:irrl~.;~~-}:-~~.;.:r....B;..~ 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 -1; .ft ... .' .,. ".',. .~_:.::: .::;>:, :._,,:~it'':-'~'-:::::i'=.:',:_,; 9. - ....~.....:..~:.:. .~ -~- ~ ," -"<.- _ ~ " ~. .....:..: _ :.."..- "'''',' -~. -.--......... --. --"--- - ~..., ..-.. - .....:_"-- --.,.......--.:.. ~ ~.-. :.~.. -. -.. - ..:....'.......- -.. ~ :._.",;.:,'~-~_:~~:: :~- -:-.:.~;;.~:::-~~~;;.-.'~~--~ -'. -:--~-~ ~;---:--:-.~~:::::.-,:.. 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 $400,000.00 or more, then it shall be paid in twenty (20) equal semi-annual instal~ments; Cd) the note shall be secured by assets satisfactory to Seller or an irr~vocable letter. of credit. In the event that the Partnership has purchased life insurance on the decedent for the purposes of =unding this "buy-out" .In an amount equal to or greater than the percentage of the purchase price to be pa~d at clos~ng, then the cash due at closing shall 0e the net proceeds therefro~, paya0le upon receip~ by the Partnership and allocatee to the p~rchasin~ Partners, as a~~~cpriate, the . , , -l= :)a_ance, :1.... any, by promissory note as ~erein- a~ove described. If the proceeds !rom li~e insu~~nce are less than said percentage, ;~ shall be applied agains~ the cash reqDirec a~ closing. ~he parties may moci~y this payment sc~edule upon mutual ag~ee~ent. (f) If the surviving Partners did not e:ect to purchase the entire interest of the decedent, then the surviving Partners shall either: (i) proceec with reasonable promptness to liq~idar- the assets of the Partnership or (ii) continue the busines~ - . t r .o! '-: .~ - -""'; _ :-'''r-'',-_~~ :-"-;'$~~~Z_-:~' -~ --', ,~~_. ":::~;;~',--~:;' ~ 10 - :;~:-7.~..:~:~.,"""." . ..~::-:~h~~.i~~~;.~-~.-:-..;''<-' .:-_:~::.;=-.- :.,:~'~.::::..'~.~~:;:;~~':~_' .:~ ~~: :~2:.':~,_ , ' ' 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 , " ..;::,; '---~' ;:.c :~:. ,:,:,..:.~:.:' ",,~:,::_;.+.i,;~,jf~:~,~:..-, "~~.. ! 1 - . - ~ . -..;. ,.~~q:-{;~i~~- ~.:.:~ .:....,-::'.:-'~.?:]~ ;:~j~:~~f~:~~~~~? ~--:~~fI-~k~f~;;=:...::'i;;;:~+~-:~ ~~~_-:~1::~~: ~~--;=~'::;~~:~2Yt.;~{.::-,:~~:~ :..?;.-';:. ;0 . -:- ~. ~.-::. ~ '.... ,-..; 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 .~,~C~"oi;'""~,,,_, _ ," -. ' , ~t=:7'...~~f:" 12 : _,_., ." c. ;;; ,..;.~_: 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 Jt- ---'-'--- 1:2f~,f'#::~=,"",~ .. 1 ~'.- ',-- - --.. -..~",..,,-,:.",,"-,: , , ' _u.--..:..__.---'-~ - ,.~_- "-_ '- -_'::"--. ~.' 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 --. -~ l~:~~~;~:~?;~~~- - " ... ;..---_.'::-~.-.: - 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 .~ _," Rn_. __ : ,-:J&;;i~.-f!:::-'~-:' , ......~ ,--..---.-,,~... 0..--- _ . , ""f"':--':-P";":,: ,~,:-,,-- . --~--:~7- 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 + ~; " _L-.," ,,!,-','" i l-;.'~'f::-?;t5''':'- 16 ~-"...:-:--: ~- ~-----_.. ""~:::.';:,. .........,. .......~. .._n.~_._ -.......~--_. 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 : & " C I 0.~~~ (J J c;;j~A~(7~ As ~~ HERBERT BROCK - ~dd~ , /J' e/: U _c;ifJ/~.A11 (l ~ As -to A!\'~R S'h' BROCK ~Ju~- -- ( SEAL) ~ As to PETER BROCK ~t2L- WIT T lAMS G" ....~AM '..l..."I.l..J ...... ~i:':::.. L... ( 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 $ba r M ..-- .' .c,:>,,:" M'" ':'-7--.-c-',-~-~___"e 0 nOl'Cit.-:,'" '_ > .Y ~om;nt$,~I';)n fr:;.~~~s CE'{, 11, In.s-- ._fL\,'. I,'. i,.JI f last WlTNESS my hand aforesaic. th.:.s .3/ day ,..-"*' - 'L'~;:, '. , '-. ,) . ~'y'. " , .T.. . __ .t _ " -~. ...~.. -.-.- . -. '-' -- ,.( SEAL)J.- . 1 AI,.. ~ :::J ....._ _,o:~~;;~~~~~~;;~:;-- . _, _ H,~_.~. _. ,-, . .' >:::t:~~~~.~' '<"-:'o-.'~'",_ 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. ..'...../-~ . , . J ~ ~ - 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 .$jt<J./.. cay ,-r .- ...-.. - .. ....-- /" - / -~ : 'V ,- - -." -..- ~ "f . ! ~ 0 ! ,,~? -.... ~ .- "- ... ~ . # / -. (.. '. ( SEAL} ~..:. l,r ..-- -.J j'_ ~ '.J I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take ackno~:ed9ments, personally appeared PETER BROCK, well known to me to be the person described in and who executed the foregoin~ ~nstr~~ent, and he acknowlerlced before me that he exe~ute~ the same in the presence of two subscr-ihing v,'it.nesses freely and volur.tarily. v.'2. TNESS a f or e..sa.i ~ _thi s . : ~"~-'.:',:.~::__:<:~. ..-'.. '-. my hand an~ -,-I ,'-" c.. a y 0 f official seal r.JJVJ~A~1 fi -t---. . 0 II I :'" l'1 7'1......() ~.J' , ' 2J.0::.."-.-... No~ary Public, sl~te or Florida At Larg~ My Commission ExRJres: COt~STANC:: GALUN p \:)1''' S-ate of New York Notary u N~~'684697555 , o a1lf1eo in wes,;chester c~unty(;"'.--- o . s'lonExDlresM3ICh3_.1SGl..) Comrms " . in the County and State last 1 98..5:". \...,,: - f- ; r"- ~- ~ ~ . .- p-' . -," < , , '- I.' ~ : " ($EA'r.::: -~: ...... I .' 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. .~ '. , ';~", 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 . / . J \ - -. .! .,. -' ..- - "( S EKL >' r' J - .J I ~ ..l. 18 ..~ .. . -- - ._~ ~-' ,~ ---- .. .:,. ~""-"'~ ~ '. '''_l','~>-' .<,~,__.. -, ~~z..::;-"""-'-.....4 ,. .,... '""....---~ ......~ - ~ ~ ~.... . ,'_ . .__ -.-ii!- ".-- - ".- - - ~--~---'-~''''''---:--- c. 101'" ~.... "":"'.~~-~ . ~.: l ... '.~.. ........ - ---~.,.~.~ ".- ._- ..--- <. -- ,_. ..-=" ''',''- ~"" ~'-'- - -- - :-- - ~ ..~~ -- 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---:- ./' / ". / '~ (,,/// (~,-~ ~?:/----- '\vl.LLIN1 S _ GPAHJ>.JI1, General Partner Sworn to and subscribed before me this ],7 day of 4, (" ~::., ., 1985 r (/. -1 I 1'____ C~' ,1:.- -1v({ . -JA Lr{-z! Notary Pu~lic, State of Florida at Large t-' :-, "': '::';:: t:to', ~. f' , _ : .~'_.... -!. t~ \1# ":J!:;i: ~t ;~3;;. t'~Y,fomml ssiorl Expires: ,.:~_ ,;: ;'~":,,~/ '. ~'. " 21. HB9~ .~"-' 0 . ~1<C"U::.:~:: I it . 'l / ;"0 r...(.. . F " r ,::.-.':.:" .'~~~,;i~~ ~~~?i~+1:;:~~~~f::'~J'~i'-::.~~::r.~~t2H;Jl~~j~~t:l-i:?:~~L~;;;~ti;\~t:~~:,.~:"tiFi,?~g4~~~~;~~;'S';::~~~~~f~;;f;:it~%.;::~:~~~o<-!~KJ,;~~:i:;:",J.~~~f.: ;" /~~," ~~:: ~ ~~ i- F~v;"~r5ifilGCllII11' I' 1111. ~ 1,',111," I FREEDOfb~- EXFRESSSM , <==-::::i A:::rJc.!E, iEM.JE::;r, NEW ,E~SEY 07665 (201) 559,7707 IA 34 280-1 M686 35 08/26/85 15:16 08/26 15:14 1042 173-1 C034 280 08/26/85 15:14 RGB178 VIA ITT GXI769 LGB783 NX CO NOLG 0::37 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) .' ~. .,. F}<,~,:.~~ ~.;. ::~~~:...-:;.-~:~ NN IA , - . ' - - _.- r,' ~.~~~~~ I. "..-' : v-- - - .::;:E:----~-' c .~: _"~_~~.~.~~~~~~~:~. 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. .. _ .1 _.~:';;"'~'''::''';'''~-_.- -,T_'""",oc',=:,.. - - ":'f::'"~'i:'.;~~~.--:- . "'-: : ] J j ~. . ~. - '- " -'., MA P ~~G_~~!?_~] 1_ LO,-,A liON ............, -- ~ -L CAPITOL PROFESSION~L CENTER [> ANNEXA TION,LAND USE AMENDMENT,~~~ ,M " "..' PI ~: . AND R E Z 0 N I N G ", ;~. :.~'. -:i- . ~, "1:., ~:.::',;:~, J ~.': _.-". ..J .-.- ..;- '?-.I;....;,; _.~..~ .......:J.:_.:.~._ "'''.,.-... . '" "~/:..:., ~;:::F'~::..... . r::-~UM'Ci. .. .L ." "., ""~. .."OT.~_,r:' : "~<..J' ,,:,:"'-"":"'''"..J '-'....,',,'~. '-It::1,.".,.,' "'~,f,~i1J';;~iJ " '. .'- ::.'~~.<~~~ ._.~ "" ~' ~ . ~ f ' . ~.~~ - " ,~. '. ,. .' _:~ '. .:'- - ~ . ~ : ~'~ ~ -'> - ',: .~... ~ J"~:;, ~~,,: <~"-"'~~~~.1ilt~?~ _ "-.-'" ~ - - ~ C3 ~ ~ ~-' ~ ~ ,. ,: .~~.~?~~'-~:~.... . :' ~. r'. _ -- --~' -~ == I "-'- . j. - . I .' ,~, ._,..., I - ,~'~ .~;...:~- =-=-= i r __. I .~~~"_~- '8'0 V'NT'ON' :.C'Jf~A[~.--_h~:---_--~-:-:'.-.--.-.--'-'- ----.-- - ---.-- I ~ .' ,-- __._u... - ,--- . ...' '..... ". '.-- ...nn__.__._' .'. .'.-h. -- - ..". I 1__'__ 0-- '-Co . .-~- .,'- . ~ _- . 101 '. j.l f..: CJI ~ClI; j;;,~N'",L___ :~- ~ ~ _ ".. "." I ~~--' ~ :.,' -, ,-- :'~~-- :.~"""'r"'~ wr . -'.;;, - I . - rBOYNTON BEACl , . ........... . ~~._ _ ....__ ~~:.....:~-~i . '. ;." r;;:~'~~~:~:~~~'N'f ~'8~-D~ ] '0 . ~ ll:~~;:'>-"-?';:~~:-:- ;,-::? '1 . . _ - '" ~': l~f~iiI. ~~mrf~ 1.6: tfb.~: ,-~:: . .1 0 ,...l. :~'.,~ :'~;:,:.'_: Jc~~ b l~~ :r:~O .... ..... .'. J . ' ~ .". - " .,' .' -.., . , '~ . , ;/: , I . '. . -_l';C', c O"~':;.~_o;" , i " 1--tI1~ C~N,A"- -.-;.__ -.. ~ ': -..,r ;'_~-: -:: --,; '"' ~i., .- .' -~::t' j . . ,- -' ... - ." ~ [" it-:o.. -- - .~. " ..... - - C3 ~ ~ ~ ~ ~ , \ R' ,," CI,) U) ~l ~ ~ t) l",\ .. }' ~~~:7_-__ --- . ~-,~ .,~~;"~::' ~ ?B IU ~ \IJ ~j ..J ::".. .. ....,.. _1".."!.r~ C' ._....... _. to. ---1 -'~~ ...,. ~ -..... t.-1 . ' ." .;: '" ---i ---i - L ~ TE IZAL. ~ . ,:.~, J Jtf " -..;- -- .0,; -":-. T 1 I ~ . H r-i N InN ~~. A L .f...R I .~ ~ ~ ~ - t 1111 ~" - '," .~: ,.:~ ~ ~:.~':~;,:.: ~ .' ., . "',,, c',~' " tI J 1 II 11 . '"' " .. '.', 't3, 3 . - ..- ._ ~. _ .':' _.. l-----'~:;_:'.. ~_:_:.~-.- 'C: III ..-...J... .:=. : r- . ~.~;;~' ~", .. .. ",,: : I:,) ~.,r' ,,: ,1'-; i".:'-;:" -. . '.... '- ~.-,.-/.." .,~_:~.c. . .;;.:' .' IS_o' ~J;.l.:li 1,. E :{~;t' '~:'~'-': ...,~,'~,.....,'~.~.;',,'.'.._:.,-.._'.~'.,-,:..._-.'.:.;,'.:._-~:,",.' ~, ..",~.:,~~;~.;...,.,..t-,r~,'~,.i~"~,,,._.~.t_..-_::..,.",.._....., '_',.', " _ -'f~'- _: '.. -9, !~s~r :~~~.y)~I.-~- ~. '-_' -~o ~~;;:I#_,:- '0 .~',-:;.,: iC . \ ~ 'h 1~ ~ fJ. II "~ ,.A.,.'. ."~'" ',-' ,.' - "",---' '~,'~~. - : . . ':-~'C ~ __~ ~-*! i- i ~;.i; ~ ''"\ 1'i!t~ .' -r8L...~/j~~I, .~~~ ~~"~~ .:~:E~.-.;jL.:t:f:;< j~, ~'~~~ . ,~~ .:.:'.t~ 0 1/8 1/4 MI LE S :Il.~,.'::'~o", ~. :.:-..~ '-; ~. :1 I/'./ ,-,\ _ ~'o' I ~ _ I ~ ~ ~:h'r,?'~ ~t~~~ ~:S~~~;~,W~~~;.~:~~;~*~1ff;~~~~.,~ ! i i I - - ... 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.(~\~~ -=-~~XJfSv-- I (S1.gnature) ! I 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: 4- /:;Lf /20: , / / . 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 , i . 1 . j 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 ~~..., . ~ ~ ~,-~" ~':~i?_~-~!_ ~~. ... ':..~ ;-; I..l ~ "O~ ,0 " ,~li I..I..JI......... ~T'~ oJ. ~~g .' : fl' I.. ! . I '11' ; _ i I J J j : ! i; : j l!) . _ ! , ' . 1 J 1 . , ; . , . . I 'I f : I : II j I J : ~ ;' . i ~ ~ u" ~ . - :: !; ;c ~~ CQt: _:...- ....Q -1:.., <J" :i: ~~; 1 :, ;;;~~~~,~ ~ ~~gE~~: ~ ~.:' ~ ~i~ ~ ~ ~ ~ ~ ~ 2 6 ~ ~ , ; ~ < . < ~- 1 'L ~ '<-Ii -: :H: '" ~;; _ ~_ 1~;:; . Q ;I~ ~ ; I, r \ H ':4: .. ~ \~. --1 I ... ", &')Q ::t- :.lJ J'I1 =:; .;-....., WARRANTY DEED INDIVIO TO Ir-,;:;'''~ U I" T" -{f, '"'" :U~~S ~~:il!Tant~ .:..'trc. ,\Jo'}" /11(' February !s~ c! (IV IJ r ,\ D, J<) 85 by C. STANLEY WEAVER AND ERNA Y. WEAVER, HIS WIFE, ii !J " 'I 11('re;III1[/l'r cIIll,.r! ,/,l' qrn/ltor, '0 KNUTH ROAD ASSOC IA TES, a Florida general partnership, ... 1.11 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=: -, ....- -'~i: I: r'J ~ ,jl ;J ''''....11 - I, )'/'Oil 'I 'I 11, -j/" l' ~o. ,0 ~o'l !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. -.., Do1umnt.~ 'es N ..2,7 h 0, ~ t) ." .I It -. ' tau,"" 1~1. T.... Pd. !, Cl.rl~il.~~. .1erLda Ii r------ ~~ -- ! I! Ii II :l ii c. Stanley Weaver and Erna Y. Weaver, 0;1 hi~ wife, Oli " I' !o n.U. ^ lIo~"Ti :~~o bt" thl' pc"rson 5 JeSt n~~d In and who execul,"c l!H.' nJ j: _ for,e~ln; .ill>[i-(j';'''~ll and they a,knowleci~ed before me that they ~ II : -,... ('xrqHc'd,~lf':' ~4jll", :', ,'_ f _ . .. . ~ '.oF, . O-I! -',"/" ,.' ';:. ':'! ,/:'.v.:'11;:';ESS m\' hand and olfirial !iea! ;n ,he County and i-. 1..' "") I j -.. l r.... _-J- o l,</ct\~><: sr"~dt11a'~1 afor.-.aid this J~ A D 199".s- day of rl -:- \.~'~"t; ~ \j~'.r:~- ~ ~. " , :r 1\< ~.>_ - , /->:~/>;, ~II .~:...' . ::";.\:~:,:'::.""_"'" '.......'NotarY Public.si~~'~"-FiOj.id8..iit'G!rg8! 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 -_._~ -~ --- ----..:... ~._- - .- -<.- - -~ --" --.- -_.- 8 'I N Ii ~ Ii !: (.T) II :0 I: ..u j: .. It S Ii ~ I' 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. i I: l: l1 _..lj)~~ .,8~ ~ .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. 3 - , ~ 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: ":"~. 4 -r '1 (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 , +- l,-S 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, - 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 6 ;. ..1 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. 7 ~~ ~ .-~ a (:) 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, ; 4- ~ ... 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 - the assets of the Partnership or (ii) continue the business of , t ... 10 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 ~/ff(7~ As t% HERBERT BROCK gfV~ .~Jt_ - 'AL(l~ ~DRSW BROCK ~ ' ( . '- ',- -,,', PETER B~-- ._--- .__. - ...... - -:-- ( SEAL) ~ As to PETER BROCK ~~r () ~~ V;~~, 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 " -.. ."-.- . 1" ',~",,~'. {:J ."P'" - . - .~--':'~ --... . ( SEAL)....J ~:.~ ,... . . ...:;,' - ' . ,., ,- ~ ." .... ~ - . ~.. ~. ~~.~ r~': 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 -. ~/!1E~ 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. .- .' // "' ':"'V' '0-/' '-,-',-'" - .. r . \'~ "..~ ?, . '.- . :- ..... - . r ".\ . . - ( SEAL} I": I I.... ,J _':_ i '.j :.." -""'.. ..../".... . .... .- . J ... ~ - 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 . <~':.~'-"'''----'':'' ....".;'., \..,: ( . -..- - -.... ~- . . ~-,; ._....~ ~.., ..~.. t,' . / ~ =-:; .._ and of 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 . - " . -,.... ~ . , ':..: -: . I : f: .. -... :. (~KAt:>'-:' .,:..... ... ~. " ""t:. t, I '.., . '. I... ~ ~. -.1-' 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, , '.J_ _ 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 .-,,,,. - ._-..~~.,. J, -~. .;~. - / . Ij'~ ~- .") -- '.- ,,( S EJXL )' , ',. 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) NN IA ,',. .~_..... \0\~ ~L")L;- ~D iT;- \-1 \ l.l :; ;",'.!,J f. ~, , , . ; ~ ~ .._.~.,r-'- . " , , ; ::. "r--- ;. ~~ -..'. . ~ ~~:~7~~~~~~:~~Jf~~~~~~~R-{:~~~~~~~~.:~~~~?~~i~;;~:~f~:' . ~~:.~.;- l - ::-~':'" ~~ . '-~ .,.. -f - - . :';...." > '.- ...... ..- <f":-:~ .~ :-;~...:.- ~/..:.'" -", .,'..-....i. ~J': ~~~~.:;~:~.~~;~~ l- .. . ,. ~::..~-"" ~ ~f?f~:3 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- o a:. '3"''1# 'ii)~-r: e.e ~ '- (9\') 0 o C') 0 _ (liOL) 0 ) \ ~ ~ (O\') " \.S) 0 / '\ , ( (\.~li) 0 -- ~.-;n ';0' (li\')'t\.-..... ~ e,.~ .:::.- IDIDC') .~~ '% o ~ '% ,.. o lP SS3\10NO~ uA ~ "3 ~ 0 '% ,. uA ~ 2 0 uA uA uA ?~-, ~";)g .. ....- O~ c;?+ O~C) ~O'% w- ~-,'{j, 40- uAa:." ~~uA o % uJ C) uJ ..... -- I'- \. G) cO "1'-(') -- t.n uJ ~ ". '4ci 0'::> 4. uJ ~ '::>\1) C) - U- C/) uJ ~ ::> .-J o ,.. c:t ::> o ~ ~ 4. u1 0.. o~ -.....-(9<)"1----' \ \ ~0't)0't \ \ ~ (\ ~ \ O~ \ ~ \ \ ~ \.--_-- I;;) C'.~ C' '0 ID (SI ~ """'-( L \.) 0 O. ~......,- \: !:-_ cp 0 0 --(\.) \. ~ ~ ---<-p.) \.\. ) \ ~ ,--('t\.) 0 j \: _ 0 , ("'j..(\N~ 9~)9't~ '\ \':,/ (~) \. - -;;; ~ ':; .....-.- 0-- (\'\.)'t \. - C') e 0 o '0\1 o .... o 71- ~ o ,. .... lP ~ o 4 W lP '% o ~ '% ,.. o lP C) % - ~. ,::>0 (/)!. % o ". O~ ...W (/) ~ ~ .. u1e C)' o ~ (/) ~ -.------- 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. -7- , ~r ci a:: w 2 j .... ~ 0 Z >w ~ ~::E W 0;:) >ww..... O:C-'o jO> ::E ..... a:: OQ...... ~>+;i Ol-CJ::E %OZ+ w- lll:: -, ~ CO~ WQ;x Q.Q.w It) W CO ... CC " Q ::) CC ... ,....... ~ N".-.. NM'" ~~N ........ '-" '--' "-(9....) 0 -(S ....8) 0 ,(....O~).... SS31:H>NO:> Q Z w o w ..;" OMO , ' I '3^Y I" (OO~) 0 -- (~~l) 0,- (6....) ~~-........ ~ t ( ,-... ,-...,....... "'~Cl ... II) .... ........... '--' '-'" '-" lDlDM ~ ... ..... l Cl)~ ,,..(') - z o ~ z >- o a:l o > ..... a:l ,----, % I I 0 w c ... w I I m - en 0 I I ..... 0 L____ --.J " z - ... . -J U ::) en z - 'Ott H.LnN>I Z 0 .. 0 a: w .. w (/) z a: - z W " 0 ~ " Z z >- 0 W 0 a: a:l lL ~ en ~ "-. ..J\. ""I .. . w a: :J " - LL. CD rn w ~ :J -J o > -J ..J ct ~ Z o ... z > o a:J J: ... a: ;:) o % ~ ct W Q. 3= ~ 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 T. . L. . L.. 12.0 12.0 T. . 12.0 12.0 12.0 RT. T. . L.. 12.0 12.0 12.0 RT. 12.0 12.0 12.0 R. . 1 2 3 4 5 6 RT. L. . NORTHBOUND TRAFFIC VOLUMES SOUTHBOUND EASTBOUND WESTBOUND LEFT THRU RIGHT 104 845 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 .85 .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 WESTBOUND 312 o WESTBOUND 27 o o N/A l .. .. .. = .. ~ i I! . I .. i ,~ ~. . :~~ ~ :~ir " ",..i ;:i .,- ~~ 1;1~ P IL -, ., ~ ! s 4. 'N I il l ~I I~ "' I i t i !1 : .' t; ~, 5~ ... I' CoJ q, (/). (') )10 {;; ~g mm o 'R ..,. -. i.I.. 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