REVIEW COMMENTS
M E M 0 RAN DUM
TO:
Mr. Carmen Annunziato
Planning Director
FROM:
Bety S. Boroni
City Clerk
DATE:
March 22, 1988
RE:
Planning & Zoning Board Meeting
of April 12, 1988
Forwarded herewith please find the notice covering the
application for Rezoning of Tara Oaks submitted by Barry
Barson, Lakes of Tara Development Corporation.
This notice is scheduled to be advertised in THE POST on
March 27, 1988 and April 3, 1988.
d;~/~'
Betty BoronI
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Attachment
cc: City Manager
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M E M 0 RAN DUM
March 21, 1988
TO: BETTY BORONI, CITY CLERK
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: TARA OAKS PUD REZONING APPLICATION
Accompanying this memorandum you will find copies of the items
outlin~d in my memorandum dated March 2, 1988 which were missing
from the application. Please note that items no. 3 and no. 6
were previously corrected prior to the forwarding of the
application to your office. In addition to these items, you will
also find copies of a revised master plan and a master landscape
plan which were not included in the original submittal.
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J ES JI GOLDEN
JJG:ro
Attachments
I
,1
M E M 0 RAN DUM
March 18, 1988
TO: ENVIRONMENTAL BOARD COMMITTEE
Bud Howell, Building Official
John Guidry, Utilities Department
Bob Eichorst, Public Works
Ed Allen, Fire Chief
Tom Clark, City Engineer
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: MARCH 24, 1988-ENVIRONMENTAL REVIEW BOARD MEETING
Please be advised that the March 24th meeting of the
Environmental Review Board will be held after the Pre-hearing
Conference for Tara Oaks PUD at 10 a.m. instead of 1:30, as
previously scheduled, due to the 1:30 budget meeting.
The agenda will remain the same. If you have any questions
please contact me.
Jr- t. ARk
ES J .f GOLDEN
JJG:ro
Attachments
cc City Manager
Tambri J. Heyden
Owen Anderson
Don Jaeger
William Cavanaugh
Betty McMinamen
Davie Crockett
Applicants
Central File
-'
MEMORANDUM
TO
Carmen Annunziato
Planning Director
DATE
March 17, 1988
FILII
Don Jaeger
Building Department
"U8JECT MASTER PLAN REVIEW -
TARA OAKS P.U.D.
F"OM
The following is a list of comments relating to the approval of the above
mentioned master plan:
1. The plans should indicate the maximum lot coverage allowable is
45%.
2. Sidewalks should be provided along right-of-ways in conformance
with City ordinances. Sidewalks should also be provided along
private roads to assure safe pedestrian circulation.
3. Plans should indicate the setbacks for proposed screen enclosures
and pools.
DJ:bh
XC: E. E. Howell
~ed
Don Ja ger ~
RECEIVET.
.17~
PLANNII~G Dl:'p~-
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MEMORANDUM
14 March 1988
TO:
Peter L. Cheney, City Manager
FROM:
Carmen S. Annunziato, Planning Director
RE:
Tara Oaks PUD - Unified Control Documents
Please forward the attached documents to the City Attorney's
office for review and comment as required by Code, and as noted
by Mr. Golden.
Thank you.
~. /~~
CARMEN S. ANN lATO
/bks
cc: Jim Golden
M E M 0 RAN DUM
March 10, 1988
TO: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: TARA OAKS PLANNED UNIT DEVELOPMENT
REQUIREMENTS FOR UNIFIED CONTROL
Accompanying this memorandum you will find a copy of the legal
documentation for the above-referenced rezoning request. Please
forward these documents to the City Attorney to determine if they
are consistent with Section 6 of Appendix B "Unified Control."
Please request that a written response be transmitted by April 1,
1988 to the Planning Department to allow sufficient time for
agenda preparation.
~j~~
J 6MES J. V'GOLDEN
JJG:ro
Attachments
cc Tambri J. Heyden
Central File
MEMORANDUM
March 10, 1988
TO: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: TARA OAKS PLANNED UNIT DEVELOPMENT
REQUIREMENTS FOR UNIFIED CONTROL
.0
Accompanying this memorandum you will find a copy of the legal
documentation for the above-referenced rezoning request. Please
forward these documents to the City Attorney to determine if they
are consistent with Section 6 of Appendix B "Unified Control."
Please request that a written response be transmitted by April 1,
1988 to the Planning Department to allow sufficient time for
agenda preparation. .
~f~~
J6MES J. V'GOLDEN
JJG:ro
Attachments
cc Tambri J. Heyden
Central File
MEMORANDUM
March 10, 1988
.1
TO: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: TARA OAKS PLANNED UNIT DEVELOPMENT
REQUIREMENTS FOR UNIFIED CONTROL
Accompanying this memorandum you will find a copy of the legal
documentation for the above-referenced rezoning request. Please
forward these documents to the City Attorney to determine if they
are consistent with Section 6 of Appendix B "Unified Control."
Please request that a written response be transmitted by April 1,
1988 to the Planning Department to allow sufficient time for
agenda preparation.
~j.~
J6MES J. V'GOLDEN
JJG:ro
Attachments
cc Tambri J. Heyden
Central File
MEMORANDUM
II
March 7, 1988
.~
TO:
TECHNICAL REVIEW BOARD
John Guidry, Utilities Director
Bob Eichorst, Public Works
Charles Frederick, Recreation and Parks Director
Ann Toney, Assistant to City Manager
Ed Allen, Acting Fire Chief
Bud Howell, Building Official
Lt. Dale Hammack, Police Department
Tom Clark, City Engineer
Kevin Hallahan, Forester/Horticulturist
Don Jaeger, Chief Inspector
.'
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: TARA OAKS PLANNED UNIT DEVELOPMENT-
TECHNICAL REVIEW BOARD REVIEW SCHEDULE
Please be advised that on Thursday, March 17, 1988, at 9:00 a.m.,
there will be a special meeting of the Technical Review Board to
review the Master Plan for the above-referenced rezoning request.
The pre-hearing conference for this request will be held on
Thursday, March 24, 1988, at 9:00 a.m.
Copies of the master plan documents are being transmitted with
this memo and are available for inspection in the Planning,
Building, Engineering, and Utilities Department.
~t.~
J, ES J. ~OLDEN
JJG:ro
,) "
cc
Bob Bentz'" /"
City Manager
John Wildner
William Cavanaugh
D'avie Crockett
Central File
vi
.'
M E M 0 RAN DUM
March 2, 1988
TO: BETTY BORONI, CITY CLERK
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: TARA OAKS
REZONING REQUEST
Accompanying this memorandum you will find a copy of a rezoning
request submitted by Land Design South, agent for Barry Barson,
Trustee. Also enclosed is a check in the amount of $1,000.00 to
cover the review and processing of this application.
This application was submitted incomplete. The following items
will be forwarded to your office upon submittal to the Planning
Department.
1. Written consent from property owner's.
2. Copy of purchase contract.
3. Written verification that Barry Barson is an officer of
the Lakes of Tara Development Corporation.
4. Comparison of impacts under existing and proposed zoning.
5. Proposed timing and phasing of development.
6. OWner or Trustee must sign application.
Please advertise this request for a public hearing before the
Planning and Zoning Board at the April 12, 1988 meeting and
before the City Commission at the April 19, 1988 meeting.
JJG:ro
-J;;;L~
ES J .VGOLDEN
RECEIVED
cc Central File
,viAR 7 1988
PLANNING DEPT.
TO:
James J. Golden, Senior City Planner
FROM:
Betty S. Boroni, City Clerk
RE:
Tara Oaks - Rezoning Request
DATE:
March 4, 1988
The date of the P&Z Meeting for the above referenced will be held
April 12, 1988. Advertising dates are scheduled for March 27, 1988
and April 3, 1988. (City Commission meeting to be held April 19, 1988).
B~~~~
BB:pc
For Rezoning Information
ITEM #11 h. (3)
The project consists of one phase which will include
both site work development and single family homes. The
start up time for these site improvements will depend upon
the final approval by the City of Boynton Beach. The
duration for site work will last approximately 9 months.
The start up time for the single-family homes will be
scheduled to begin at the same time site improvements
occur. The market for home sales is projected to be 30
per yearJ The project consists of 78 home sites making the
proposed build out time to be within a 2 1/2 year period.
FOR REZONING APPLICATION
ITEM #11. h. (1)
EXISTING ZONING: R-lAAA Single-Family Residential
District
Parcel Area
Minimum Lot Area
Density (3.48 DUlAC)
20.16 AC
12,500 SF
70 DU
PROPOSED ZONING: Planned Unit Development
Parcel Area
Lot Area
Allowable Density (4.0 DU
Proposed Density (3.87 DUlAC)
20.16 AC
6,050 SF
80 DU
78 DU
For Rezoning Application
ITEM # II h. (2)
This Planned Unit Development of 78 single family lots
average 55' wide by 110' deep and can accommodate a single
fami 1 y house wi th a pool. The proposed setbacks are shown
on the Master Plan.
The overall lot layout is very simple. The design
consists of two cul-de-sac roads. They both begin at s. W.
Congress. One runs north to service the majority of the
project towards the L-25 canal. The second travel south
towards the L-26 canal.
Consid-ering the difficulty of this site, the overall
design creates a small single family development with
curving streets, bike path, 2 large buffer areas, and the
preservation of existing vegetation.
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C~ 'SA ex J:,OJ1 SAL E__A N QP_ U.l3c;JjASJ~
PARTIES:
of
J . L. VAN HEZEWYK and ANITA L. VAN HEZEWYK, as Trustees
(Phone
, '"'Seller'I,
),
and 1XNAID M. KLElli. as Trustee. his~r.~gm:; ,{"'Buyer.'),
01 2665 South Bayshore Drive. Suite3.Q3..~.c.onut lU'O'\le.,. 1"1 nr;nr'l 11111 (Phone 285-9793 J,
hereby agree that the Seller shall sell and Buyer shall buy the following property I"Property") upon the following terms and conditions which INCLUDE the
Standards For Real Estate Transactions set forth on the reverse side hereof or attached hereto ("Standardls)").
1. DESCRIPTION:
(.1 legal description of Property located in_ Pa~~~<:::h_______.u__County. Florida:
Tracts 89, 104 and 121, less the West 25 feet thereof for road
right-of-way; Tracts 90, 103 and 122, less the East 260 feet
thereof; and Tracts 71 and 72, less the North 60 feet thereof, all
of PALM BEACH FARM CO. PLAT NO.8, according to the Plat thereof,
as recorded in Plat Book at Page of the Public
Records of Palm Beach County;!norlda, said-Property consisting of
approximately 20 acres, more or less.
(b) Street address. if any, of the Property being conveyed is
(e' Personal property ("Personalty") included:
in the amount of . , , . . . . . ,
.$ 800,000.00
$ 10,000.00
s
s
s 660,000.00
.$ 130,000.00
II.
PURCHASE PRICE: , , . , . . . . , . , . . . . . . , .
PAYMENT:
(a) Deposit(s) to be held in escrow by Johnson & Callaway. Realtors Escrow Accnllnt
(b) Subject to AND assumption of Mortgage in favor of
having an approximate present principal balance of
(c) Purchase money mortgage and note bearing interest at
% on terms set forth herein below, in the
(d)
(el
~:~::P~(f:ftioria1' dei;XJ'sit' '($2b.,bOO..bb). plus' new. flrst' rrortgage' . , , . . . .
($640, oe~e) c1::; ~L ~dPT,nnTTr-hereto. '
Balance to close. (U,S, cash, LOCA L Y ORA NceriTrr';(j or cashIer scheck) sub!ect to arllustments and prorations
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by all parties, and the FACT OF EXECUTION communicated in Writing or
telegraphically between the parties on or before_~~eJ.nh:?:_~_'__~~.~?____, the aforesaid deposit(s) shall be, at option of Buyer, returned TO Buyer
and the offer withdrawn and null and void. The date of Contract ("Effective Date") shall be the date when the last one of Seller and Buyer has signed this offer.
IV. FINANCING:
fal If the purchase price or any part thereof is to be financed by a third party loan. this Contract for Sale and Purchase '''Contract'') is conditioned upon
the Buyer obtaining a firm commitment for said loan WIthin ~daYs from Effective Date, at an interest rate not to exceed 11 %; term of ~
years; and in the principal amount of $ 640,000.00 , Buyer will make application within-l.O_ days from Effective Date, and use reasonable
diligence to obtain said loan, Should Buyer fail to obtain same or to waive Buyer's rights hereunder within said time, either party may cancel Contract.
(b) The existing mortgage described in Paragraph /I (b I above has (CH ECK (1 ) or (2)): (1) 0 a var iable interest rate OR (2) 0 a fi xed interest rate of %
per annum. At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % per annum. Seller
shall, within_ days from Effective Date, furnish a statemellt from all Ino'tga'lees stating principal balances, method of payment, interest rate and
status of mortgages. If Buyer has agreed to assume a mort'lage which requires approval of Buyer by the mortgagee for assumption, then Seller shall
promptly obtain dnrJ cieliver to Buyer all required applications and Buyer shall diligently complete and return same to the mortgagee. Any mortgagee
charge not to exceed $ shall he pairi 1/2 by Seller anri1 /2 hy Buyer. If the Buyer is not accepted by mortgagee or the requirements
for assumption arc not in accorriance wlihthe terms of the Contract or mortga~JP.e makes a charge in excess of the stated amount, Seller or Buyer may
rescind this Contract by prompt written notice to the other party unless either party elects to pay allY increase in interest rate or excess mortgage charge.
The amount of any escrow deposits held by :\rortgagee shall be credited to Seller at closing.
V, TITLE EVIDENCE: Within 30 days from~. Seller shall, at Seller's expense, deliver to Buyer or Buyer's attnrney, in accordance with
~t.ndB~d ~ 'CH~CK 111 or (2)1: (1) 0 abstract of title OR (2) XXtitle insurance commitment with fp.c owner's title policy premium to be paid by Seller at closing.
Vr,a~t8tl~9.td-PftO-h\ls~~~saft?o~t,W'8ffi~~cra~d~~<a~~<t~:tJl\lbtil~~al~RIJ~1;~W(toll the day of 19 _, unless
extended by other proYisionsof the Contract, (See Addendum)
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: The Buyer shall take title subject to: zoninq, restrictions, prohibitions and other requirements imposed by
1l0vernment.1 authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are
to be located contiguous to the Property lines and are not more than 10 feet in winth as to the rear or front lines and 7'1, feet in width as to the side lines. unless
otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgaqes and purchase money mortgages, if any; other: NrnE
,_ ___._'_.. _._n_________ : provided, however, that there
exists at closing no violation of the foregoing and same does not prevent use of the Property for _.:=>~31e family home developnent purpose Isl.
VIII.OCCUPANCY. Seller represents that there are no parties in occupancy other than S~ller, but if Property is intended to be rented or occup,ed beyond closing.
the fact and terms thereof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time
of closing unless otherwise stated herein, If occupancy is to be delivererl prior to closing, Buyer assumes all risk of loss to Property and Personalty from date of
occupancy, shall be responsible and liable for maintenance thereof from sain date, and shall be deemed to have accepted the Property and Personalty in their
existing condition as of time of taking occupancy unless otherwise stated herein or in s"parate writing.
ST AND,
)S Fon REAL ESTATE TRANSACTIONS
A, EVIDENCE OF TITLE: (',) An abstract I)f title prepared or brought current by A r~puta!Jle anrJ eKisting abstract firm (if not "Kisting then certified as COffee'
by an existing firml purpo-ting tl) be an accurate synopsis of the in~truments affecting title tn the Property recorded in the public recorcis of the county wherein thl
Property is locatlld. through Effective Date and which shall commence with the earlies! puhlic records. or such later date as may be customary in the courny Selle,
shall convey a marketable title, subject only to liens, encumhrances, eKceptlOns or qualifications set forth in this Contract and those which shall be discharged b,
Seller at or before closing. Marketablp. title shall be rletp.rmined according to applicabl" Title Standards adOPted by authority of The Florida Bar anrl in accordanc.
with faw, Upon closing of this transaction the abstract shall bp.come the property of Buyp.r, subject to thp. right of retention thereof by first mortgagee unto! full,
paid: or 121 a title insurance commitment issued by a Florida licensp.d title insuror agrp.eing to issue to Buyer, upon recording of the deed to Buyp.r, an owner',
policy of title insurllnc" in the amount of thp. purcl,ase nrice, ,nsuring Buyer's title to the Property wbject only to l,ens, encumbrances, exceptions or Qualification'
set forth in this Contract and those which shaJJ be discharged by Seller at or before closil1g. Buyer shall have 30 days, if abstract, or 5 days, if title commitment
from date of receiving evidence of title to eKamine saone. If title is found defective, Buyer shall within three (3) days thereafter, notify Seller In writing socc.fy'n(
defectls!' If said defectlsl render title unmarketable, as to item (1) hereinabove or uninsurable as to item (2), Seller will have 120 days from receipt of notIce withir
which to remove said defect Is), and If Seller is unsuccessful in removing them within said time, Buyer shall have the option of either accepting the title as it then is
or demanding a refund of all monies paid hereund"r which shall forthwith be returned to Buyer al1d thereupon Buyer.and Seller shall be released, as to one another
of all further obligations under this Contract; however, Seller aqrees that Seller will, if title is found ro he unmarketable or uninsurable, use dilig"nt eHort to correc
the defectls) jn title within the time provideri therelor, including the bringin!) of necessary SUitS. If a title policy is being lurnished, Buyer hilS the riql,t to require thl
Seller to deliver an owner's marketability title policy provided Buyer pays any addition"1 churges and makes request there lor within seven (7) dAYS after Effectiv.
Date,
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT; TO SEllER: The purchase money note and mortgage, if any, shall provide for a 30 da,
grace period in the event of dl'fault if it is a first mortgagl' and a 15 day !)race period if a second or lesser mortg3ge; shall provide for right of prepayml'nt in whole 0'
in part without penalty; shall not permit accelerAtion or intNest adJustment in l'vent of resale 01 the Property: and the mortgage, note and secullty agre"ment shal
be otherwise in form and content relluired by Seller's attorney; provided. however, Seller may nnly require clauses customarily found in mortgagC'S, mortgage notes
and security agreeme'lts generally utilized by savings and loan institutions. or state or narional banks located in the county wherein th" Prouerty is located. Th,
mortgage shall require all prior I,,,ns and encumbrances to be kppt in good standin!) and forbid nH,difications 01 or future advances under prior mortgage(s). AI
Personalty being conveyed will. at OPtion of Seller, be subject to the lien of a security agreeonent and evidenced by recorded financing statenlents,
C, SURVEY: [uyer, at Buyer's expeme, within time allowed for delivp.ry of evidence of title and examination thereof. may have the Property surveyed ane
certified by a registered Florida surveyor, If the survey shows any encroachment on the Properl\ or that improvements intended to be located on the Prope'1Y ir
fact encroach on setback lines, easements, lands 01 othp.rs, or violate any restrictions, Contract r.ovenanls or anplicable governmental regulatinns, the same shall b,
~reated as a title defect.
D. TERMITES. Buyer, at Buyer's expense. within time allowed to deliver evidence 01 lltle ~IleJ examination thereof, may have the Pronerl'y Inspp~ted by .
Florida Certified Pest Control Operator to determine whether the'p. is any visihle active termite infestation or visible existing damage from termite inlestaticn in thl
improvements, If Buyer is informed of either or both of the loregoing, Buyer will have four (4) days from date of written noticp. thereof or two (2) days alte
selection of a contractor, whichever occurs first, within which to have all damages, whether visible or not, inspected and estimated by a licensed building or genera
contr8ctor, Seller shall pay valid COSlS of treatment and repair of alf dAmage up to '2% of purchMI! price. Should such costs exceed that amount. Buyer shall hav!
the OPtion of cancelling Contract within five (5) days after receipt of contractor'> repair estimate by giving written notice to Seller or Buyer may elect to proceer
with the transaction, in wl,ich event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate nOt ill excess 0
two (2%1 percent of the lJurchas" price, "Terrnites" shalf he deemed to include all wood destroying org,lfIisrns required to be reported under the Florida Pest C.,ntro
Act,
E, INGRESS AND EGRESS: Seller warraots that there is i'lgress and egress to the Property sufficient for the intended use as described in Paragraph V Ii hereof
title to which is in accordance with Standard A.
F, lEASES: Seller shall, nQt less than 15 days prior to closing, furnish to Buyer copies of all wlltten leases and estoppel letters Irom each tenant specifying th,
nature and duration of the tenant's occupancy, rental rates, advanced rent and sl!curity deposits paid by tenan!. In the event Seller is unAble to obtain sucl1 lette
from each tenant, the sarne info-malion shall be furnished by Seller to Buyer within said time period in the form of a Seller's affidavit, and Buyer may thereafte
contact tenants to confirm such information. Seller shall, at closing. deliver and assign all original leases to Buyer.
G, LIENS: Sellar shall, both as to the Property and Personalty being sold hereunder, furnish to Buyer at time of clOSing an Aif,davit attestIng to the absencp
unless otherwise provided for herein. of any financing statements. claims of lien or notenti..1 lir",o" known to SeliN and further attesting that there have bee,", 'II
improvements or repairs to Ihe Property for 90 days immerliately preceding dale of closing, lithe Property has been improved. or repaired within said time, Sf'lIe
shall deliv'lr releases or ItJa'v''':; o( rn"ch~nic's Ioells, "'eel/red hy all general contractors, subcontractors, suppliers, and mate.roal",en. in arid,ti".., to S"II..r's Ii..,
affidavit setting forth th" natn"S of all such qenp, 31 conlractors, sllhcontractors, sllppli'!1 sand mntpri;!lmen and further recltlnq ("at "' fact all b.lls fOI w". k tn ,I,
Property or Personalty which cquld s"rve ilS a basis tnr a ",pchnnic's lien or a claim lor d~"'nges have beeo paid or Will bPo naid ilt clOSlnq
H. PLACE OF CLOSING Closlt1'1 sh"II be h"ld In cnunty wh"",in Property is loented, ~t the. office of the attorney or othel clnsll1g Jq'~nt rJesiun3ted by Seller.
I. TIME. T,me is of the essence ofth,s ContrdCt. Any reff!rence herein to time pp.riods of I"ss tl1all six (6) days shall in the cOrnl'utallo,", thereor exclude Saturday'
Sundays and legal holidays, and any time pp.riod provided for herein whid, shall end on a SaW/day. Sunday or legal holiday shall extend '05.00 p.m. of the ne.
full business day,
J. DOCUMENTS rOR CLOSING. S.dler shalllurnish deed, bill of sale. mechanic's lien aff,davit, assignments of leases, and any corrective instruments that lOa
be required in connection Vlith perfectinq the title. Buyer shall furoish closing statement. mortgage, rnortgage note, security agreement, and linancing Slaternents.
K. EXPENSES: State documentary stamps which are req\lirrld to be affixed to the instrumenl of conveyance, intangible tax on ami recordin'! 01 n"rcha,
money mortq<l!le tu Seller, ~nd cost of recording any correctIve instruments shall be paid by Seller, Documentary stamps to be affixed tn thp p,,,ch.>sp mane
mortgagp, cost of recording the d..ed and fHlancltlg statem~flls shall be paid by Buyer,
L PRORATIONS. Taxes, assessments, rent, intemst, insurance and other expenses and revenue 01 the Property shall be prorateri through day prio_ to closin
Buyer shall have the option of tal(ing OVllr ilny p.xistinq policies of II1surnnce on the Property, if assumable, In which ev~nl premiums shall bp prorated. Cash,
closing shall be i'lcreased or decreased as may be required by silid prorations. All prorations will be made through day prior to occupancy il occupancy OCCU
before closing, Taxes shall be proraterJ based on the current year's tax with due alll)wJllce made for maximum allowable discount and homestead or other exem'
tions if allowed for said year, If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, laxes will be Drorall
based upon ~uc" assel~ment and the prior year's milla!)e, If current year's assessment is not available, then taxes will be prorated on the or;or year's tolX; provide
however. if there are completed improvements on the Property by January 1 st of year of closing, which improvements were not in existence on Ja"uary 1 st of th
prior year, then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failinq whict
request will be made to the County Property Appraiser for an informal assessment taking into consideration homestead exemption, if any. However, any tJX or<
ration based on an estimate may at request of either Buyer or Sell." be subsequently readjusted upon receipt of tax bill on condition that a stateme"t to that effe,
is set forth in the closing statement.
M, SPECIAL ASSESSME.NT LIENS Certlr,,?d, confirmed and riltifip.d special assessment li"ns ilS of date of closin9 land not as of Effective Date) are to be Pili
by Seller. Pending liens as of date of closing shall be assumed by Buyer, provided, however, that if the improvement has been substantially completed as of Effect"
Date, such pending lien shall be considered as certilie,i, confirmed or ratified and Sell"r shall, at closing, be charged an amount equal to the last estimate by t~
public body of assessment for the improvement.
N. INSPECTION; REPAIR AND MAINTENANCE: Seller represp.nlS that, as of t"n (101 days prior to closing, the roof, lincludlng the fascia and soffits), ae
walls do not have any visible evidence of leaks or damage and that the septic tank, pool, all major appliances, heating, cooling, electnc)I, plumbing systems ae
machinery are in working condition. Buyer may, at Buy',,'s expense, have inspection made of said items I:>y an appropriately lir.ensed person dealing in the co'
struction, repair and maIntenance thereof and shall report in writing to Seller such items that do not meet the above representations, together with the cost (
correcting same, pri"r to occupallcy or not I.?ss than ten (10) days prior to closing, which~ver oCCllrs first. Unless Buyer reports such deficiencies within said peric
Buyer shall be deemed to have waived Seller's representations as to deficip.ncies not reported. In the event repairs or r"placements are required, Sp.ller shall pay UP 1
3% of the purchase price fc" such repairs or replacements by an appropriately licensed person. However, if the cost for such repairs or replacements exceed 3%,
the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this Contract, In the event Seller is unable to correct tt
deficiencies prior to closing, the cost thereof shall be paid into escrow at closing, Seller agmes to provide utilities service for inspections upon reasonable notic
Between the Effective Date and the closing, Seller shall maintain the Property and Personalty including but oot limited to the lawn and shrubbery, in the conditic
herein represented, ordinary wear and tear excepted, Buyer shall be permitted access for inspection of the Property prior 10 closing in order to confirm complian.
with the foregoing,
O. RISK OF LOSS: If the improvements are damaged, by fire or othp.r casualty prior to closing, and costs of restoring same does not exceed 3% of the asses..
valuation of the improvements so damaged, cost of restoration ShAll be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract wi'
cost therefor escrowed at closing. In the event the cost "f re;>air or restoration exceeds 3% of thp. assessed valuation of the improvements so damaged, Buyer sh,
have the OPtion of either taking the Property as is, together with either the said 3% or any insurance proceeds payable by virtue of such 101S or damage. or of Cd
ceiling Contract and receiving return of deposit (s) made hereunder,
p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds and evidence of title continued at Buyer's expens
to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence, and the procee
of the sale shall be held in escrow by Seller's attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than five (5) da
from and after closing date. If Seller's title is renrfered unmarketable, Buyer shall within said five (5) day period, notify Seller in writing of the defect and Sell
shall have 30 days from date of receipt of such notification to cllre said defect, In the event Seller fails to timely cure said defect, all monies paid hereunder sha
upon written demand therefor and within five (5) days thereafter, be returned to Buyer and, simultaneously with such repayment, Buyer shall vacate the Proper
and reconvey same to the Seller by special warranty deed and return the Personalty. In the event Buyer fails to make timely demand for refund, Buyer shall ta
title as is, waiving all rights against Seller as to such intervening defect except as may be available to Buyer by virtue of warranties, if any, contained in the dee
In the event a portion of the purchase price is to be derived from institutional financing or refinancing, the requirements of the lending institution as to place, tin
of day and procedures for closing, and for disbursement of mortgage proceeds, shall control, anything in this Contract to the contrary notwithstanding. Provide
however, that the Seller shall have the right to require from such lending institution at closing a commitment that it will not withhold disbursement of mortga
proceeds as a result of any title defect attributable to Buyer.mortgagor. The escrow and closing procedure required by this Standard may be waived in the eve
,"'e attorney, title agent or closing agent insures against adverse matters pursuant to Section 627.7841, F.S. (19B3), as amended.
a, ESCROW: Any escrow agent receiving funds or equivalenl is authorized and agrp.es by acceptance thereof to deposit promptly and to hold same in escrc
and subject to clearance thereof to disburse same in accordance WIth terms and conditions of the Contract. Failure of clearance of funds shall not excuse perfe
mance by the Buyer. In the event of doubt as to eSClow agent's duties or liabilities under the provisions of this Contract, the escrow agent may in agent's sole d
cretion, COlltinue to hold the subject matter of this escrow until the panies mutually agree to the disbursement thereof, or until a judgment of a court of compete
;urisdictirm shall determine the riphts of the parties th<!reto, or escrow agent may deposit same with the clerk of the circuit court h~ving IlHisdiction of the dispu~
and upon notifying all partip.s concerned of such actioll, all liability all the part of the escrow allellt shall fully terminate, except to the extent of accounting for a.
items the'fltofore delivered oul of escrow If a Itcensp.elreal estllte broker,the escrow a(lent will co",pIV "lith provisions nf Chapter 47:'. F,S. (1983!, as ;!mended
the evellt of any suit betweell guyel alld Seller wherein the escrow allent is maele u ;Jurty by virtue of 3cting as an escrow agent herellnder, Or In the event of any Sl
wherein escrow ager t II11"rpleads the subject mauer 01 this escrow, the aqent shall be entItled '" recover reasonable aUc>rlley's fe.. and costs incurred. said fecs a.
costs to be charged and assessed as court costs in favor nf the prevail in!) party. All parties agree that the escrow agent shall not be liahle to any parly or pers'
whomsoev'!r for misdelivery to Buyer or Seller of items subject to this p.scrow, unless such misdelivery shall be due to willful hlp.ach of th,s Contract or gross ne~
genee on 'he part of the agent
R. A TTORNF Y FEES. COS rs: In connection wilh allY litigation arising aliI of this Contract, the prevailing party shall be p.ntitled to recover reasonable attorne'
fees and costs.
S. FAILURE OF PERFORMANCE: If Boyer fails to perform this Contract within the time specified, (including payment of all depOSits hereunder), the I
positls) paid by the Buyer may be retained by or for the accOl..nt of Seller as liquidated damages, consideration for the execution of this Contract and in full sett
ment of any claims; whereupon Buyer and Seller shall be relieved of all obligations under the Contract; or Seller, at Seller's OPtion, may proceed at law or in eQUl
to enforce Seller's legal right, under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fai
neglec:s or refuses to ppr/orm this Contract, thl? Buyer may seek specific performance or elect to receive the return of Buyer's deposit Is) without thereby waivi
any action for damages resulti"q from Seller's breach.
T, CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; Neither this Contract nor any notice thereof shall be recordp.d ,n any public records. TI
Contract shall bind and inure to t:'e benefit of the parties hereto alld their successors in interest. Whenever the context permits, singular shall include plural and 0
gender shall include all, Notice given by or to the attorney for any party shall be as effectivp. as if given by or to said party.
U. CONVEY ANCE: Seller shall conyey title to the Property by statutory warranty. trustee, personal representative or guardian deed, as appropriate to t
status of Seller, sublect only to matters contained in Paragraph VII hereof and those otherwise acceoted by Buyer, Personalty shall, at request of Buyer, be convey
by an absolute bill of sale with warranty or title, subject to such rratters as may be otherwise provided for hf!rein,
V. OTHER AGR E EM EN TS No prior or present agreements or representations shall be hindinq upon Buyer or Seller unless ,ncluded in this c.ontract
modification cr change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound thereby.
R..v 1/85
IX. ASSIGNABILITY: (CHECK (1) or (2)), Buyer (1) 0 .sign OR 1210 may not assign, Contract.
X. TYPEWRiTTEN OR HANDWRITTEN PROVISiONS: Typewritten or handwritten provisions inserted herein or attached hereto as addenda shall control all
printed provisions of Contract in conflict therewith.
XI. INSULATION RIDER: If Contract is utilized for the sale 01 a new residence, the InSlllation Rider shall be attached hereto and made part hereof.
XII. SPECIAL CLAUSES: (utilize space belowl
THIS IS INTENDED TO BE A LEGALL Y BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approv.1 dot!s nor consrirure an opinion that any of the terms and conditions in this Contract s/lould be .1ccp.ptfld by the parties III a particular transaction. Tt!rms
and conditions should be negotiated based upon the respective interests. objectives and bargaining posirions of a/l interested persons.
Copyright 1985 by The Florida Bar and the Florida Association 01 REALTORS, Inc.
- - - - -t:l :)Y-~,~er on____NOVenbe=-__~i_' 1987 ._________._
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DONALD M. KLEIN, as (Buyer)
Trustee
Executed by SeliN on
(Buyer)
N f) .f..:...J:j' f/'; ~ II;
GVollo.=:r >( Iv I) 1
1987
WITNESSES: (Two reco;;'men,~blit NOT{equiredl
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3:r;:--VANHEZEWYK, (S'eller) as' Trustee----
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ANIT/i~~VAN HEZ~~eller) as Trustee x
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Depositls) under Paragraph II received; if other than cash, then subject to clearance.
JOHNsaJ & CALI..lWlAY, REAL'IDRS
By:
(Escrow Agent)
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE)
~ (IF A LISTING AGREEMENT is CURRENTLY IN EFFECT):
Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement.
OR
o (IF NO LISTING AGREEMENT is CURRENTLY IN EFFECT)'
Seller agrees to pay the Broker named below, at time of closing. from the disbursements of the proceeds of sale, compensation in the amount of (COMPLETE
ONLY ONEI-2. % of gross purchase price OR $ , for Broker's services in P.ffectlrlg the sale by finding a Buyer ready, willing and able to
purchase pursuant to the foregoing Contract. In the event Buyer lails to perform and deposit (s, IS retained, 50% thereof, but not exceeding the Broker's fee above
provided. shall be paid to the Broker, as full consideration for Broker's sP.rvices includin~ COHS expended by Broker, and the balance shall be paid to Seller. If the
transaction shall not be closed because of refusal or failure of Seller to perform, the Seller sh,," p,'y s"id fee in lull to Brnker on demand In any litigatIon arising
out of this Contract, concerning the Broker's fee, the prevailing party shall be entitled to rpcovP.r r"asnnilble attorney fees and costs.
lAND UNLIMITED REALTY
(firm name of Broker)
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By' f/ .:-;' .{) /
. - lauthorired sign;tory)
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J .r.;. VANHEZEWYK,
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(Seller) as Trustee
JOHNSOO & CALI..lWlAY I REALTORS
(name of cooperating sub-agent)
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ANITA L. VAN HEZ:E.WYN~eller)
SPECIAL CLAUSeS.
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as Trustee
SEE ADDENDUM 'ID CCNI'RACT FOR SALE AND PURCHASE ATI'ACHED HERETO AND MADE A
PARI' HEREOF.
Rev. 1/85
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
The following additional terms and conditions are hereby made
a part of the Contract for Sale and Purchase to which the within
Addendum is attached and shall control the printed portions of
said Contract where the provisions of this Addendum shall be in
conflict therewith:
1. ADDITIONAL DEPOSIT: Provided that this Contract shall be
accepted by the:Seller~nd further provided that those contingen-
cies hereinafter specifically enumerated in Paragraph 2 of this
Addendum shall also be satisfied, the Buyer agrees to deposit the
further and additional sum of Twenty Thousand ($20,000.00) Dollars
with JOHNSON & CALLAWAY, REALTORS, the Escrow Agent, within ten
(10) business days after satisfaction of all of the contingencies
provided in Paragraph 2 of this Addendum. Said amount shall here-
inafter be referred to as the "additional deposit" and, together
with the "initial deposit" referred to in Paragraph II (a) of this
Contract, shall be and constitute a part of the cash portion of
the purchase price payable by the Buyer in the event this trans-
action shall be consummated in accordance with the terms and con-
ditions hereof.
2. CONTINGENCIES FOR NEW FIRST MORTGAGE, ETC.:
A. The obligations of the Buyer hereunder shall be ex-
pressly subject to and contingent upon the ability of the Buyer to
obtain within sixty (60) days from the Effective Date a firm writ-
ten commitment from an institutional lender doing business in
Dade, Broward and/or Palm Beach Counties for a first mortgage/land
acquisition and development loan encumbering the Property in a
principal sum of no less than Eighty (80%) percent of the Purchase
Price and the cost of "land development" as hereinafter defined,
bearing interest at a fixed rate of no more than Eleven (11%) per-
cent per annum and repayable over a term of not less than five (5)
years. Said mortgage shall further provide for the privilege of
prepayment in whole or in part at any time prior to maturity. All
costs of obtaining such land acquisition and land development loan
commitment, including but not limited to the payment of all loan
initiation fees, "points," closing costs, "actuals," and out-of-
pocket charges, including tax and/or insurance escrow prepayments,
imposed by the Lender at the time of closing shall be borne by the
Buyer and the Seller shall be fully indemnified and held harmles~
by the Buyer with respect thereto.
B. The obligations of the Buyer hereunder shall be fur-
ther expressly subject to and contingent upon the ability of the
Buyer to obtain, within sixty (60) days from the Effective Date, a
firm written commitment from an experienced, competent and finan-
cially responsible firm or company engaged in the business of
"land development" to develop and improve the subject Property so
that the same shall be suitable for the construction of no fewer
than eighty (80) single family residences, at a cost to the Buyer
of no more than One Million One Hundred Thousand ($1,100,000.00)
Dollars. As used herein, the term "land development" shall be
defined to mean and to include the furnishing of all labor and
materials necessary to install all streets, sewers, water, under-
ground electric, sidewalks, street lighting, water retention fa-
cilities for flood control purposes, rough earthwork, land grad-
ing, intersection improvements, canal crossing culverts, traffic
signals and traffic control devices, if required, at the inter-
section of Boynton Boulevard and Knuth Road, the cost of upgrading
the present lift station, all utility connection charges, and all
costs in the nature of or associated with engineering and survey-
LAW Of'nCES: KLINE, MOORE & KLEIN, P.A., GRAND BAY PLAZA,2665 SOUT" BAY5"ORE DRIVE, SUITE 903, COCONUT GROVE, HORIO" 33133
ing fees, together with the cost of obtaining all necessary build-
ding permits in connection with the foregoing.
C. Buyer shall make prompt application for and shall use
reasonable diligence to obtain a mortgage loan commitment and
reasonably detailed estimates for the cost of land development
wi thin the times hereinabove set forth. In the event the Buyer
shall fail to obtain a new first mortgage commitment and a firm
commitment from a land development company within the times and
upon the terms and conditions hereinabove set forth, the Buyer
shall have the right and option to cancel the within Contract by
providing written notice thereof to the Seller within ten (10)
days following the expiration of said 60-day period and upon the
furnishing of such written notice, all sums theretofore deposited
by the Buyer with the above-named Escrow Agent shall thereupon be
returned to the Buyer and each of the parties shall be relieved
and released of all further liability or obligation to the other
party hereunder.
3. WITHHOLDING OF TAX BY BUYER: To the extent that the
Seller shall be deemed to be a "foreign person" subject to the
withholding provisions ~f the Internal Revenue Code, Buyer shall
be authorized to withhold from the net proceeds of sale payable to
the Seller at the time of closing, and to remit to the Internal
Revenue Service, an amount equal to ten (10%) percent of the gross
purchase price as set forth in Paragraph II of this Contract.
Seller agrees to cooperate with Buyer in furnishing to Buyer such
information, including but not limited to Seller's Federal identi-
fication number, as may be necessary or appropriate to enable the
Buyer to complete and to file with the Internal Revenue Service
Forms 8288 and 8288-A, together with such additional Forms as may
be required by the Buyer to comply with the applicable provisions
of the Internal Revenue Code. In the event the Seller shall not
be deemed to be a "foreign person" in accordance with the provi-
sions of the Internal Revenue Code, Seller shall execute an ap-
propriate Affidavit to that effect and shall deliver the same to
the Buyer at the time of closing.
4. SELLER'S WARRANTIES: As a material inducement to the
Buyer to enter into this Contract for Sale and Purchase and to
close the transaction contemplated hereby, Seller makes the
following representations, all of which are true as of the date
hereof, shall be true as of the date of closing, and which war-
ranties and representations shall expressly survive the closing of
this transaction:
A. The property described in Paragraph I(a) of this
Contract is owned, beneficially and of record by the Seller.
B. To the extent applicable, the Seller has complied
with the Florida sales tax law in all respects and shall complete
the filing of any and all Florida sales tax returns and make pay-
ment of any and all sales taxes which may be due, as soon as may
be required after the closing.
C. There are no presently existing v iolations of any
municipal, county, state or federal laws, rules, regulations or
ordinances, nor does Seller have any knowledge of any pending
violations which would or might affect the Buyer's use, enjoyment
or operation of the Property in the future. In the event any such
violations shall be found to exist prior to or as of the date of
closing, Seller shall take such steps as may be necessary and ap-
propriate to cause the same to be cured and corrected, and any
governmental proceeding instituted in connection with such viola-
tions to be dismissed, at the cost and expense of the Seller.
-2-
lAW ornCES: KLINE, MOORE & KLEIN, P.A., GRANO BAr PlAZA,2665 SOUTH eArSHORE ORIVE,SUITE 903, COCONUT GROVE, HORIO.. 33\33
D. No assessments for public improvements have been made
against the Property which remain.unpaid.
E. There are no judgments or decrees of any kind against
Seller unpaid or unsatisfied of record in any court of any city,
county, state or of the United States or any pending or threatened
litigation which would affect the Property; Seller is not in the
hands of a receiver nor has it committed an act of bankruptcy;
there are no due and unpaid business license taxes of Seller; and
there are no due and unpaid income or property taxes of Seller
which constitute a lien against the Property.
F. At the closing there will be no mechanics' liens
against the Property; no claims for labor, services, profit or
material furnished for constructing, repairing or improving the
same which remain unpaid; and no chattel liens, conditional sales
contracts or chattel trusts against the Property.
G. To the best of Seller's knowledge and belief, there
is no pending or threatened special assessment or condemnation or
eminent domain proceedings which would affect the Property, or any
part thereof. .
H. There are no management, real estate or rental
commissions, service, maintenance, employment, or other contracts
of any kind or description in existence affecting the Property and
imposing any obligation upon Buyer after the closing date except
as otherwise provided in this Contract.
I. The Property is properly zoned for its present use
and neither it nor its present use violates any ordinance, law or
regulation to which it or its present use is subject and Seller
has received all permits and authorization necessary to operate
the Property as the same is now being operated, and such permits
and authorization are now in full force and effect.
J. There are no actions or proceedings pending or, to
the best of Se ller' s knowledge, threatened, before any court 0 r
administrative agency and relating to the Property, the unfavor-
able resolution of which would have a materially adverse effect on
the operations of the Property or the income potential thereof.
K. If it shall be determined that, notwithstanding the
manner by which Seller has executed this Contract, that Seller
shall actually hold title to the Property by means of a corpora-
tion, that such corporation is duly organized, validly existing
and in good standing under the laws of its state of origin, and
has all necessary power to execute and deliver this Agreement and
perform all its obligations hereunder. This Ag reement has been
duly authorized, executed and delivered on the part of Seller and
is the valid and legally binding obligation of Seller, enforceable
in accordance with its terms. Neither the execution and delivery
of this Agreement by Seller nor the performance of its obligations
hereunder will result in the violation of any law or any provi-
sions of Sell~r's organizational documents, as amended to date, or
will conflict with any order or decree of any court or govern-
mental instrumentality relating to Seller.
L. Seller knows of no state of facts which would pre-
vent or prohibit the Buyer from obtaining all necessary approvals
from all governmental and/or other regulatory authorities neces-
sary to proceed with the development of the subject Property for
the construction of eighty (80) single family residences thereon.
-3-
LAW ornCE:S: KLINE:, MOORE: & KLE:IN, P. A., GRAND BAY PLAZA,266S SOUTH BArSHORE: DRIVE:, SUITE: 903, COCONUT GROVE:, rLORIDA 33133
In this connection, Buyer shall make prompt application for and
shall use reasonable diligence to obtain all necessary approvals
from all governmental and/or regulatory authorities and shall use
reasonable diligence to obtain the same within six (6) months
following the Effective Date. In the event the Buyer shall fail
to obtain all of the necessary governmental and/or regulatory ap-
provals within the aforesaid 6-month period, the Buyer shall have
the right and option to cancel the within Contract by providing
written notice thereof to the Seller within ten (10) days follow-
ing the expiration of said 6-month period and upon the furnishing
of such written notice, all sums theretofore deposi ted by the
Buyer with the Escrow Agent shall thereupon be returned to the
Buyer and each of the parties shall be relieved and released of
all further liability or obligation to the other party hereunder.
To the extent that the Seller shall be required to execute any
documents necessary to secure the approval of any governmental
and/or other regulatory agency, Seller agrees to cooperate fully
and promptly with the Buyer in that regard.
5. SURVEYS, SOIL TESTS, ETC.: Seller hereby grants to the
Buyer access to the subject Property for the purpose of enabling
competent, exper iencedand financially responsible professionals
to prepare surveys, to' conduct all necessary soil tests and, if
desired, to plant perimeter landscaping to buffer adjoining
multiple-family developments. In the event Buyer shall elect to
cancel the within Contract upon the terms and conditions herein-
above set forth, then and in such event Buyer shall furnish to
Seller copies of all surveys, soil tests, studies, applications
and all other documents obtained by the Buyer in connection with
its efforts to obtain mortgage financing, a firm commitment from a
land development company, or gove rnmental and/o r reg ulatory ap-
proval for the development of the Property for the construction of
single family residences.
6. ADJUSTMENT TO PURCHASE PRICE: It is specifically under-
stood and agreed that the Purchase Price set forth in Paragraph II
of this Contract has been determined by the Seller and agreed upon
by the Buyer on the assumption that the Property contains no fewer
than twenty (20) acres of land area. In the event an accurate
current survey of the Property shall disclose that the Property
contains fewer than twenty (20) acres, then and in such event the.
Purchase Price provided herein shall be reduced pro rata to re~
flect the reduced size of the Property. Notwithstanding the fore-
going, however, in no event shall the Purchase Price be increased
to any extent in the event the aforementioned survey shall dis-
close that the Property contains more than twenty (20) acres of
land.
7. EASEMENTS, RIGHTS-OF-WAY, ETC.: The Buyer's purchase
hereunder shall include all righf:.--;--title and interest of the
Se lle r in, to and unde r any and all easements, r ights-o f-way ,
privileges, licenses, appurtenance and other rights and benefits
belonging to or running with the ownership of or otherwise related
to the subject Property and shall include any and all right of the
Seller, if any, in and to any and all land lying in the bed of any
street or highway, opened or proposed, in front of or adjoining
the Property to the centerline thereof and nothing contained here-
in shall be deemed to require the Buyer to take title to the Prop-
erty subject to any of the foregoing.
-4-
lAW OFnCES: KLINE, MOORE & KLEIN, P. A., GRAND BAY PlAZA,266S SOUTH BAYSHORE DRIVE, SUITE 903, COCONUT GROVE, FLORIDA 33133
8. REPRORATION OF TAXES: Notwithstanding the provisions of
Paragraph "L" of the "Standards for Real Estate Transactions"
which are made a part of this Contract for Sale and Purchase, all
real estate and personal property taxes, if any, and assessments
which may be levied or assessed with respect to the Property shall
be re-prorated when the appropriate tax bills have been received
and the amount of any adjustment required thereby shall be paid to
the party entitled to such adjustment in cash within ten (10) days
following request therefor in writing. Such request for adjust-
ment shall be accompanied by a true and correct copy of the tax
bill for the year in question.
9. CLOSING DATE: This transaction shall be closed and each
of the parties shall execute and deliver any and all documents and
the Buyer shall pay the balance of the cash portion of Purchase
Price simultaneously with the closing of the Buyer's new first
mortgage loan, but in no event later than ninety (90) days after
the satisfaction of the last of the contingencies provided in this
Contract.
IN WITNESS WHEREOF~ each of the parties has caused this Ad-
dendum to be executed in appropriate manner and their respective
seals to be affixed, all as of the day and year first above writ-
ten.
Sealed and Delivered
The Presence Of:
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~to the Buyer-------------
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DONALD M. KLEIN, as Trustee
(Buyer)
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As to the Sellers
(LS)
J. L. VAN HEZEWYK, as Trustee
(Seller)
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ANIT~. VAN. HEZEWYK,'as
Trustee (Seller)
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-5-
LAW orFlCES: KLINE, MOORE 6. KLEIN, P.A., GRAND BAY PLAZA,266S SOUTH BAYSHORE DRIVE, SUITE 903, COCONUT GROVE, 'LORIDA 33133
SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
The following additional terms and conditions are hereby made
a part of the Contract for Sale and Purchase to which the within
Second Addendum is attached and shall control the printed portions
of said Contract and the Addendum to Contract for Sale and Pur-
chase thereto where the provisions of this Second Addendum shall
be in conflict therewith:
1. RECEIPT OF ADDITIONAL DEPOSIT: Simultaneously with the
execution by the Buyer of the wi thin Second Addendum, the Buyer
has deposited with JOHNSON & CALLAWAY, REALTORS, as Escrow Agent
hereunder, the sum of Twenty Thousand ($20,000.00) Dollars, rep-
resenting the "additional deposit" more particularly referred to
in Paragraph 1 ("Additional Deposit") of the Addendum to Contract
for Sale and Purchase heretofore executed by the parties hereto.
In this connection, it is understood and agreed that the Buyer has
furnished the aforementioned "additional deposit" notwithstanding
the fact that those contingencies specifically enumerated in Para-
graph 2 of the Addendum to Contract for Sale and Purchase have not
yet been satisfied; accordingly, and in consideration of the fact
that the Buyer has furnished such "additional deposit" prior to
the date on which he would have otherwise been required to do so,
the Seller does hereby grant to the Buyer an extension of time un-
til September 1, 1988 within which to satisfy such contingencies
as are more specifically enumerated in Paragraph 2 of said Ad-
dendum or, in the alternative, to cancel said Contract in the
manner more specifically provided therein. In the event the Buyer
shall elect to proceed with this transaction, the Buyer shall pro-
vide written notice to the Seller not later than September 1, 1988
that all such contingencies and approvals required by the Contract
have been satisfied and that he is ready to close, in which event
this transaction shall then be closed and each of the parties
shall execute and' deliver such documents as may be necessary and
appropriate to consummate this transaction on or before October 1,
1988 or within thirty (30) days after receipt by the Buyer of the
commitment for title insurance referred to in Paragraph V of the
Contract, whichever date shall later occur.
1 N WITNESS WHEREOF, each
Second Addendum to be executed
respective seals to be affixed
1988.
of the parties has caused this
in appropr iate manne r and the i r
as of this 1 st day of February,
Signed, Sealed and Delivered
In The Presence Of:
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s to the vBuYe.~1 _ .
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. .:~
k~~l~s)
DONALD M. KLEIN, as Trustee
(Buyer)
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~~ to the Sellers
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(/ .; /- /. /(--'- / -..- . / n 7 A (LS)
J<'L. VAN HEZEWYK, as Trustee
(Seller)
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~~~AN~~r~i'k~ (LS)
Trustee (Seller)
LAW ornCES: KLINE, MOORE & KLEIN, P. A., GRAND BAY PLAZA, 266S SOUTH BAYSHORE DRIVE, SUITE 903, COCONUT GROVE, rLORIDA 33133
ASSIGNMENT OF CONTRACT FOR SALE AND PURCHASE
KNOW ALL MEN BY THESE PRESENTS:
THAT DONALD M. KLEIN, as Trustee and Individually, of the
City of Miami, County of Dade and State of Florida, hereinafter
referred to as the "Assignor," in consideration of the sum of Ten
($10.00) Dollars and other good and valuable considerations to him
in hand paid by LAKES OF TARA DEVELOPMENT CORP., a Florida corp-
oration, of the City of Bony ton Beach, County of Palm Beach and
State of Florida, hereinafter referred to as the "Assignee," at or
before the ensealing and delivery of these presents, the receipt
whereof is hereby acknowledged, has granted, bargained, sold, as-
signed, transferred and set over, and by these presents does
grant, bargain, sell, assign, transfer and set over unto the said
Assignee, its successors and assigns, forever, that certain Con-
tract for Sale and Purchase bearing date the 24th day of November,
1987, made by J. L. VAN HEZEWYK and ANITA L. VAN HEZEWYK, as
Trustees, as "Seller," to DONALD M. KLEIN, as Trustee, as "Buyer,"
upon the following described parcel of land, lying, being and
situate in Palm Beach County, State of Florida, to-wit:
Tracts 89, 104 and 121, less the West 25 feet thereof
for road right-of-way; Tracts 90, 103 and 122, less the
East 260 feet the reof; and Tr acts 71 and 72, Ie ss the
North 60 feet thereof, all of PALM BEACH FARM CO. PLAT
NO.8, according to the Plat thereof, as recorded in
Plat Book at Page of the Public
Records of Palm Beach County, Florida, said property
consisting of approximately 20 acres, more or less;
together with the Addendum and Second Addendum thereto.
A portion of the considerataion for this Assignment being
that the Assignee hereby assumes all of the obligations and agrees
to pay all of the payments described in said Contract now due or
to become due, together with all interest, if any, specified in
said Contract.
Upon the performance of all of the terms and conditions and
the completion of all payments as set forth in said Contract by
the said Assignee, its successors and assigns, the Assignor does
hereby authorize the said J. L. VAN HEZEWYK and ANITA L. VAN
HEZEWYK, as Trustees, as "Seller," to make, execute and deliver a
good and sufficient Deed to the property hereinabove described, in
like manner as though the original Contract had been made and exe-
cuted by the said J. L. VAN HEZEWYK and ANITA L. VAN HEZEWYK, as
Trustees, with the said Assignee, instead of with the Assignor.
TO HAVE AND TO HOLD the same unto the said Assignee, its suc-
cessors and assigns forever.
IN WITNESS WHEREOF, the said Assignor has hereunto caused
this Assignment to be executed in appropriate manner and his seal
to be affixed this 3rd day of March, 1988.
Signed,
i -") In
rFr:
Sealed and Delivered
The Presence Of:
'-.
it <:/, ( - l \." ((_C ( lLS).
DONAL M. KLEIN, as Trustee
and Individually (Assignor)
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LAW OFFICE:S; KLINE:, MOORE: & KLE:IN, P. A" GRAND BAY PLAZA,2665 SOUTH BAYSHORE: DRIVE:, SUITE: 903, COCONUT GROVE:, FLORIDA 33133
STATE OF FLORIDA
SS:
COUNTY OF DADE
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgments personally
appeared DONALD M. KLEIN, as Trustee and Individually, to me known
to me to be the person described in and who executed the foregoing
Assignment and he acknowledged before me that he executed the same
for the uses and purposes therein set forth.
WITNESS my
Florida this 3rd
hand and official seal at Miami, Dade
day of March, 1988,) . /\.1 1
\~L l_J~. ~v-;~
~Y PUBLIC, state of
County,
Flc,r fda
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. .._-_....,..~l.~~J, ,
'~O:1fu~ ~
HOTARr puBLIC STATE OF FLORIDA .-.::,~~!.'
MY COMMISSION EXP. ~AY I, 1991 .'.:,:>;
60NcED iHRU GENERAL INS, UNO. ..~.
-2-
LAW OFFICES: KLINE. MOORE & KLEIN, P.A., GRAND BAY PLAZA,266S SOUTH BAYSHORE DRIVE, SUITE 903, COCONUT GROVE, FLORIDA 33133
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF
BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at 7:30 P.M. on
Tuesday, April 12, 1988, at City Hall, Commission Chambers, Pineland
Plaza, 211 South Federal Highway, Boynton Beach, to consider a request
for REZONING covering the parcel of land described as follows:
Legal Description:
Tracts 121, 104 and 89 less the west 25.0 feet thereof~ tracts 90, 103
and 122 less the east 260.0 feet thereof~ tract 72 less the north 60.0
feet and less the west 25.0 feet thereof~ Tract 71 less the north 60.0
feet and less the east 260.0 feet thereof~ all being a portion of PALM
BEACH FARMS COMPANY Plat No.8, recorded in Plat Book 5, at Page 73,
Public Records of Palm Beach County, Florida. Containing 20.16
acres, more or less (gross and net).
Also described as follows:
A parcel of land in Section 30, Township 45 south, Range 33 east, Palm
Beach County, Florida, being more particularly described as follows:
Commencing at the south quarter corner of said section run thence
north 01010'26" east along the north-south quarter section line 40.0
feet~ thence east 40.0 feet to the point of beginning of the herein
described parcel~ thence continue east 351.64 feet~ thence north
01004'28" east 2513.64 feet, to a point in the south right-of-way line
of Lake Worth Drainage District Canal L-25 as same is recorded in
Official Record Book 2063, at page 1416, Public Records of Palm Beach
County, Florida~ thence south 89049'00" west, along said right-of-way
line 347.30 feet to the easterly right-of-way line of a road right-of-
way as is recorded in Official Record Book 2075, at Page 572, Public
Records of Palm Beach County, Florida~ thence south 01010'26" west,
along just said right-of-way line 2512.61 feet to the point of
beginning.
Containing 20.16 acres, more or less, (gross and net).
APPLICANT: Barry Barson, Lakes of Tara Development Corp.
AGENT: Robert A. Bentz/David W. Lockmiller, Land Design South
OWNER: J. L. and Anita L. Van Hezewyk
PROJECT NAME: Tara Oaks
PROPOSED USE: Single Family Detached Residents
LOCATION: Northeast and Southeast corners of the proposed
intersection of Knuth Road and S.W. Congress Boulevard
REQUEST: REZONE from R-lAAA Single-family Residential District
to Planned Unit Development
A PUBLIC HEARING will be held by the City Commission of the City of
Boynton Beach on the above request on April 19, 1988 at 8:00 P.M. at
Pineland Plaza, Commission Chambers or as soon thereafter as the
agenda permits.
All interested parties are notified to appear at said hearings in per-
son or by attorney and be heard. Any person who decides to appeal any
decision of the Planning & Zoning Board or City Commission with
respect to any matter considered at these meetings will need a record
of the proceedings and for such purpose may need to ensure that a ver-
batim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
BETTY S. BORONI
CITY CLERK
pc CITY OF BOYNTON BEACH
PUBLISH: THE POST
March 27, 1988 & April 3, 1988
cc: City Manager, City Attorney, City Planner, J. Costello
,
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Ave. and S.E. 19th Ave. wi I I be borne by the developers of the properties
which abut this street.
3.5.8.12. Construction of Roada--bv Develocers (new section)
The fol lowing roads should be constructed by ~evelopers and at
the expense of developers. wherever possible:
3.5.8.12.1. Connect Meadows Blvd. to Lawrence Road at two
locations. The two rights-of-way which presently extend west from
Meadows Blvd. (In the Meadows 300 P.U.D.) shoUld be extended through to
Lawrence Road as public roads. Construction of these roads Is desirable
In order to more fully Integrate future developments Into the CI ty.
These roads should be constructed by the developers of the properties
which I Ie to the west of the Meadows development.
3.5.8.12.2. Construct Knuth Road as a collector. from Old
Boynton Road to ~oolbrtght Road. Construction 01 Knuth Road wi I I serve
to relieve congest Ion on Congress Avenue and will provide access to the
property which lies along the western CI ty I Iml t. between Boynton Beach
Bou I evard and ~oo I br I gh t Road. Knu t h Road shou I d be bu II t as an urban
~ol lector in a minimum 60 100t rlght-01-way. between Old Boynton Road and
the L-2S Canal, and an BO-foot right-of-way between th L-25 canal and
~oolbrlght Road. The costs of acquiring the right-of-way and
construction of the road should be borne by the developers of the parcels
wh I ch I I e a long t his co r r I do r .
3.5.8.12.3. Construct S.~. Congress Blvd. from Congress Avenue
,to the future Knuth Road corridor, as a public street.
3.5.8.12.4. The recommendation that S.~. 8th Street be provided
as a col lector road between ~oolbright Road and ~est Ocean Drive has been
deleted. since these this road would cross an area which is the subJect
of a pending lawsuJ t.
3.5.8.12.5. The recommendation that a public collector road and'
railroad crossing be provided to serve the Industrial property'east of
the Seaboard Airline Ral Iroad. betw~en Boynton Beach BOUlevard and
~oolbrlght Road has been deleted. since this road would cross an area
which Is the subject of a pending lawsuit.
3 . 5 . 8 . 1 2 . 6 . Co n s t rue t the f 0 I I ow i n g S t r e e t sin the nor the a s t ern
portion of the CI ty: N.E. 4th Street from N.E. 16th Ave. to N.E. 20th
Ave.. N.E. 17 Ave. to N.E. 4th Street.
3.5.8.12.7. Construct S.~. 2nd Street from S.~. 31st Ave to S.~.
34th Ave.
3.5.8.12.B. ~Iden the r (ght-of-way and pavement on the street
which runs along the east side of the new Post Office. where this street
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ENGINEERS STATEMENTS
TRAFFIC
FOR
TARA OAKS
JOB NO.: 87087
DATE: 3/09/88
REV.: 3/22/88
FOR
BARRY BARSON
BY
SHALLOWAY, INC.
ENGINEERS, PLANNERS, & SURVEYORS
1201 BELVEDERE ROAD
WEST PALM BEACH, FL 33405
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MAR 2 3 1988
GENERAL:
Tara Oaks is approximately 22 acres in area. It is
located at the west end of S.W. Congress Blvd., and it is
bounded by the Lake Worth Drainage District (L.W.D.D.)
Laterial 25 Canal (L-25) to the North, the L.W.D.D. Laterial
26 Canal (L-26) to the South, and the proposed Knuth Road to
the west. The site is on the west side of Tara Lakes, The
Landing, and Stone Haven developments, Zoned P.U.D., R-3,
and P.U.D., respectfully. This parcel of land is in Section
30, Township 45 South, Range 43 East in the City of Boynton
Beach, Palm Beach County, Florida. See attached site
Location Map.
The property is proposed to be a developed as a single
family homes. The present zoning is Rl-AAA, the proposed
zoning is a Planned unit Development (P.U.D). Rl-AAA zoning
allows 3.48 single family dwelling units per acre or 77
single family units. P.U.D. Zoning has no minimum lot size
or minimum yard size requirements as defined by the city of
Boynton Beach Zoning Code. The proposed number of units is
78.
TRAFFIC GENERATION RATES
Trip generation rates for this proj ect were based on
Palm Beach County Ordinance 81-4 (Fair Share Contribution
for Road Improvements Ordinance), as modified May 1, 1985.
Based on information contained in the aforementioned
ordinance, Trip Peak Day Traffic Generation is projected at
10 one way vehicular trips per unit per day for the proposed
P.U.D. and R1-AAA Zonings. This assumes the units will be
less than 2000 square feet. With 77 units the total one way
trips is projected to be 770 on the peak day for the
existing and 780 for the proposed P.U.D.
TRIP DISTRIBUTION
Trip distribution was determined first by dividing the
total one way trips in two for an equal amount of inbound
and outbound trips.
The existing zoning, R1-AAA, then becomes 385 inbound
and outbound trips each per the peak day. The proposed
zoning, P.U.D., then becomes 390 inbound and outbound trips
per the peak day.
The peak hours of traffic for both zonings are assumed
to occur between 7:30 and 8:30 a.m. and 5:00 to 6:00 p.m.
These peaks are assumed to be 20 percent of the in or
outbound traffic generation or 77 trips for existing and 78
trips for proposed zoning in each peak hour. The A.M. peak
hour assumed 80 percent were outbound, P.M. peak hours
assumed 80 percent were inbound. Traffic is assumed to
split 50 percent to the east and west on S.W. Congress Blvd.
At Congress Avenue and S. W. Congress Bl vd., the turning
motions are assumed to be 50 percent to the north and south.
It is also assumed the traffic will split 50 percent to the
north and south on Knuth Road.
TRAFFIC ASSIGNMENT
A. EXISTING TRAFFIC
Existing traffic counts were taken from 1987 traffic
counts by Palm Beach County Engineering. These are
unpublished data from County staff communicated over the
phone. No directional information was provided, however,
total traffic on Congress Avenue north of Woolbright Road
were determined to be 20,194 trips per day for average daily
traffic in 1987.
B. DEVELOPMENT TRAFFIC
The fOllowing peak hour traffic rates were derived as
explained in the "Trip Distribution" section above.
TOTAL PEAK A DAY Rl-AAA P.U.D.
Out/In East on S. W. Congress Blvd. 193 195
out/In West on S.W. Congress Blvd. 192 195
Out/In South on Congress Ave. 97 98
@ S.W. Congress Blvd.
Out/In North on Congress Ave. 96 97
@ S.W. Congress Blvd.
out/In North on Knuth Rd. 96 98
Out/In South on Knuth Rd. 96 ~
TOTAL 770 780
TOTAL PEAK HOUR A.M. Rl-AAA P.U.D.
out/In East on S. W. Congress Blvd. 39 39
Out/In West on S.W. Congress Blvd. 39 39
Out/In South on Congress Ave. 19 20
@ S.W. Congress Blvd.
Out/In North on Congress Ave. 19 19
@ S.W. Congress Blvd.
Out/In North on Knuth Rd. 19 20
Out/In South on Knuth Rd. 19 ~
TOTAL 154 156
TOTAL PEAK HOUR P.M. Rl-AAA P.U.D.
out/In East on S.W. Congress Blvd. 39 39
out/In West on S.W. Congress Blvd. 39 39
Out/In South on Congress Ave. 19 19
@ S.W. Congress Blvd.
Out/In North on Congress Ave. 19 20
@ S.W. Congress Blvd.
Out/In North on Knuth Rd. 19 19
Out/In South on Knuth Rd. 19 ~
TOTAL 154 156
C. COMBINED TRAFFIC
since no directional information was available from the
Palm Beach County Staff, the peak traffic from this project
was added to the average daily traffic of 1987 to get an
increase in average daily traffic from 20,194 to 20,964
trips per day for the R1-AAA zoning, and 20,974 trips per
day for the P.U.D. zoning.
D. RECOMMENDATIONS
It is recommended from the above analysis that left
turn lanes be constructed on the east approach of S . W.
Congress Blvd. to Knuth Road and the North approach of Knuth
Road to S.W. Congress Blvd. Since the North approach of
Knuth Road to Woolbright Road is a "T" intersection, and
Woolbright Road west of Knuth is not planned in the near
future; a left turn lane is not recommended at this
intersection. Also a left turn lane exists on the west
approach of S.W. Congress Blvd. to Congress Avenue.
ENGINEERS STATEMENTS
DRAINAGE
SOILS, WATER, AND WASTEWATER
FOR
TARA OAKS
JOB NO.: 87087
DATE: 2/25/88
FOR
BARRY BARSON
BY
SHALLOWAY, INC.
ENGINEERS, PLANNERS, & SURVEYORS
1201 BELVEDERE ROAD
WEST PALM BEACH, FL 33405
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GENERAL:
Tara Oaks is approximately 22 acres in area. It is
located at the west end of S.W. Congress Blvd., and it is
bounded by the Lake Worth Drainage District (L.W.D.D.)
Laterial 25 Canal (L-25) to the North, the L.W.D.D. Laterial
26 Canal (L-26) to the South, and the proposed Knuth Road to
the west. The site is on the west side of Tara Lakes, The
Landing, and Stone Haven developments, Zoned P.U.D., R-3,
and P.U.D., respectfully. This parcel of land is in section
30, Township 45 South, Range 43 East in the city of Boynton
Beach, Palm Beach county, Florida. See attached site
Location Map.
The property is proposed to be a developed as a single
family homes. The present zoning is Rl-AAA, the proposed
zoning is a Planned unit Development (P.U.D). Rl-AAA zoning
allows 3.48 single family dwelling units per acre or 77
single family units. P.U.D. zoning has no minimum lot size
or minimum yard size requirements as defined by the City of
Boynton Beach zoning Code. The proposed number of units is
78.
DRAINAGB:
Runoff from the property will be directed into Lake
Worth Drainage District lateral 25 and 26 canals (LWDD L-25
and L-26). These canals are located within the South
Florida Water Management Districts (SFWMD) C-15 drainage
basin. This basin has an allowable discharge of 70.0 CSM
(70 cubic feet per second per square mile of drainage area)
for a 25 year 3 day return frequency design rainfall event.
This translates to an allowable discharge capacity of 2.4
CFS (cubic feet per second) for the design storm event. In
order to comply with this criteria, runoff will be limited
to a peak rate of not more than 2.4. CFS during the 25 year
return frequency, 3 day duration storm event.
Detention of the first one inch of runoff or the runoff
from a 3 year return frequency, one hour duration storm is
required by the SFWMD to meet water quality criteria. In
addition the city of Boynton Beach requires runoff to be
directed over grassed swales before being discharged into
a wet detention area or the runoff be directed to a dry
retention area. This site with the proposed 78 units
can be expected to have a runoff coefficient of about 0.55.
This will generate approximately 1.4 inches of run off from
the 3 year one hour storm. Dry detention in the swales
behind the units and in the two buffer areas adjacent to the
L-25 and L-26 canals are to be used to meet water quantity
(discharge) and quality criteria. Water quality criteria
for a dry retention area is half of the 3 year one hour
storm. This volume of water, or L 3 acre feet, will be
detained in the dry detention areas.
The roads within the site will be protected from the 3
year return frequency, 24 hour duration storm in accordance
with criteria as established by the City of Boynton Beach
and the SFWMD. All discharge from the site will be through
the control structures for up to the 25 year 3 day storm
event.
Residential areas on site will be protected from
flooding for storms up to and including the 100 year
frequency, 3 day duration storm event with a zero discharge
condition assumed as per SFWMD criteria.
Required Permits:
Because of its size and it is in the city of Boynton
Beach, the project will require a standard form permit from
the SFWMD. Permits will also be required from the Lake
Worth Drainage District for water management and the
connections to L-25 and L-26. The City of Boynton Beach
also requires a land development permit with the site plans
which includes paving and drainage.
SOILS:
As per the Soil Survey of Palm Beach County Area,
Florida, issued date of 1978, the proposed parcel of land
predominately contains two types of soils, basinger fine
sand and okeelanta muck.
Basinger fine sand is a poorly drained, deep, sandy
soil. The natural vegetation is slash pine, scattered
cypress, low panicum grassed, etc. The average water table
levels are within 10 to 30 inches of the surface.
Okeelanta muck is similar to Basinger fine sand in
respect that it is poorly drained soil. Okeelanta muck is an
organic soil with sandy material within a depth of 40
inches. Some natural vegetation related to okeelanta muck
are ferns, cypress, and pickerelweed. The average water
table depth is similar to Basinger fine sand mateial.
Since organic material appears to be present on the
proposed site, all types of muck and marl shall be removed a
distance of 10 to 15 ft. from the roads, and building
locations. We recommend that a soils test be performed
within the proposed site by a state qualified soils testing
firm to determine the actual type and location of the
existing soil.
WATER UTILITIES
Water service will be provided via an existing 10 inch
ductile iron pipe stubbed out at the intersection of S. w.
Congress Blvd. (on the north side) and the proposed parcels
east property line. Domestic (potable) water and fire flow
will be provided with the connection to the existing water
main. This line can easily supply the required flow for the
proposed project.
Under current zoning, R1-AAA, assuming the single
family homes would be a combination of two and three
bedrooms, an average demand of 400 gallons per day per per
unit and 77 units yields 30,800 gallons per day.
Under the proposed zoning, P.U.D. usage was calculated
the same as the current zoning water demand, 400 gallons per
day per unit. At 78 units for the P.U.D. zoning the average
demands yeild 31,200 gallons per day.
This is a net increase
demand of 400 gallons per day.
in proj ected domestic water
WASTEWATER UTILITIES
Wastewater service will be provided via a proposed a
gravity collection system routed to an on-site lift station.
The proposed force main will be connected to an existing
force main located in the stone Haven Development.
The current zoning, R1-AAA, is single family. Water
demand is estimated at 400 gallons per day per unit (See
Engineers Statement Water utilities), not all of this would
become wastewater, mainly due to outside usages such as
irrigation, car washing, and pools. Wastewater flow is
therefore estimated at 300 gallons per day per unit. with
77 units the wastewater flow is estimated at 23,100 gallons
per day.
The proposed zoning is P. U. D. For this zoning the
water demand is estimated at 31,200 gallons per day (See
Water utilities Engineers Statement). As mentioned above
for R1-AAA, not all of the 400 gallon per day per unit would
become wastewater. Using the 300 gallons per day per unit,
the P.U.D. zoning wastewater flow yeilds 23,400 gallons per
day.
This is a net increase of 300 gallons per day of
wastewater flow projected by the proposed change in zoning.