CORRESPONDENCE
2002
Date: May 29, 2002
City of Boynton Beach
Attention: Mike Rumph
100 E. Boynton Beach Blvd.
Boynton Beach. FL 33435
Re: Melear Pod A Homeowners Association / aka Borgata
Dear Mr. Rumph,
The Board of Directors wishes to erect two additional stop signs on the comers of
Magliano Drive, making it a four way stop. We are in possession of two additional signs
and four (4-Way Stop Bars) and await your confirmation before we install them.
Sincerely,
-:?:
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Ted ~rown Property Manager / for the Board of Directors
Corporate Headquarters
4450 W. Sunrise Blvd. . Suite C-IOO
Plantation. Florida 33313
(954) 792-6000
Mailing Address:
P.o. Box 189013
Plantation. Florida 33318 lG -YS-.x:::>
(561) 832-66611Palm Beach ,t
(305) 947.7488 ,,/ _,
J'v Jf/5r
Palm Beach Office
5850 W. Atlantic Avenue. Suite 106
Delray Beach, Florida 33484
1561) 276-4500
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Julian Bryon & Associates
May 18, 1999
Mr. Ken Hall
city of Boynton Beach
100 E. Boynton Beach Boulevard
Boymon Beach, Florida S3435
Re: Melear PUD, Phaae 38. Final SIte Plan Submittal - COlllilental Hemes of Florida
Deer "" Hal.
In response to ~U' conversation with Marllou Gonzalez regarding your engineering dtvision review
commema we offer the loHowing.
Cllmrrlent 1#2 - Both the "WtJ/lfIIr Tank" and .Publlc Land Dedication- shown on the Master Plan are zoned
PUO. They were dedlcaled by the original owners of the PUO and were a/way$ a pan of the ortginal
rezoning of the overall tract to PUO. You were shown this data on the Clty'$ Officlal Zoning Map in the
Planning 0epar1m8l1t. S"'tiA"""'-" ---~, ~~~:'" J:'Ii'r. "l'I'P>-"" ".l...
Commem 1/3 . A copy of ItIe owner'S purchalle contract will be provided to the- City ParlQI n'lp8lllT1ent prior r-'
to ftnal City Commiaalon approval Of the Final Plat. You will note that the applicant has met the City 'T
requlremenl fl:lr local parks and II full fee will not be paid for par1GI, - .
Commflm 115. This was 8lmpIy a comment in ~U' initial review of the PUD Master Plan and ~u did nat ask
that a note be shown on the p/lIns. Adding such a note is redundant in that we are aIlready required by
both the previous approval action of City Commission and your City's codes to adhere to applicable
de\leIopInent IflIIld8rCls.
I belieVe that th18 properly addresSes your concerns and as always your assistanCe 18 Vf1fY muc::lt
8IlI)reCIllted. Please feel free to call should you have any Questions.
Iy,
cc: Continental Horn. of Florida
F. Msrtln Perry, Esq.
land Development Consultants. 756 St. Albans Drive. 60<0 Roton. Florida 33486 . (407) 338-0395
nt;
The City of Boyntotl Beach
Utilities Department
5469 W Boynton Beach Blvd.
Boynton Beach, Florida 33437
Phone (561) 742+6452
FAX (561 731-0065
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OFFICE OF THE DIRECTOR OF UTILITIES
February 3, 1999
Mr. Jeffrey T. Schnars, P.E. FAX 561241-5182
Schnars Engineering Corporation
951 Broken Sound Parkway
Boca RatQn. FL 33487 L U < (~_ ~
/ ~~ - -----" ())1' ff\'D
RE: Melear PUD . nsisting of 128 townhomes, 171 sth, and recreation areas.)
. chnars:
This department has received a copy of February 3, 1999 letter regarding water and sewer
availability for the referenced project. At this time we can affirm the following:
1. The project has Master Plan approval. Within the Corporate limits of Boynton Beach, a
separate water and sewer agreement is not required for proj ects that have been approved
by the City Commission.
2. This utility does have adequate water and sewer capacity to service this project, although
a firm reservation has not been made as of this date. A firm reservation will be required
within 30 days of City Commission approval of the site plan.
I trust this, letter addresses your concerns. Any further questions on this matter should be
directed to Peter Mazzella of this office.
Sincerely yours,
k?~.
J1r John A. Guidry
Director of Utilities
Attachment
JAG!PVM
Xc: Planning Dept.
File
America's Gateway to the Gulfstream
"<:".:','_1
liCHNAR'f
ENGINEERING CORPORATION
Jeffrey T. Behnars. P. E.
President
James W. Mahannah, PE
Vice President
February 3, 1999
Mr. Peter Mazzella
Assistant to the Utilities Director
City of Boynton Beach Utilities Department
5469 West Boynton Beach Boulevard
Boynton Beach, FL 33437
Via Fax: (561) 731-0065
RE: Me/Bar PUD
SchnaTS EngineerinCl CorDoration ProDosa/ No. 98131
Peter:
Continental Homes is scheduled to close on the remainder of the Melear PUD (59 acres) this
Thursday. They need confirmation/information on the following items:
1. Is there an existing water and sewer agreement on the property, or will a new agreement be
required?
2. Confirm that there is adequate water and sewer plant capacity to service the project.
As you know, in order to begin the surface water management permitting, SFWMD will also require
a letter from the utility provider that they will service the project and there is adequate capacity in
the system.
You can address these issues in one letter to this office.
A location map has been attached to assist you. The project consist of 128 townhouses, 171 single
family units, and two community recreation areas. We are working on the final engineering
drawings now.
Please do not hesitate to contact me if you should have any questions or require additional
information.
Sincerely,
copy: Greg Jordan, Continental Homes of Florida, Inc.
951 Broken Sound Parl<way. Suite 108. Boca Raton, FL 33487 _ Tel: [561J 241-6455. Fax: (561) 241-5182
.
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JULIAN BRYAN. ASSOCIATES
756 .t. .,bln. elrl".
boc. raton, florid. 33416
561.33S.0395 office
561-213-0301 mobile
561.338.5996 fill
. . FAX TRANSMITTAL. .
TRANSMITTAL DATE_____I2-~Q-9~ ________________
RECIPIENT'S FAX NUMBER_____-1<:12-=-~______
N A M E ___J.dJ~fu./jPL_____________________________
FI RM N AM E__~'iI.:.1JP.QJ31E&2:L____________________
FRO M ___'.::JQc..(f...D -E>~A.0__________ ________________
PAGES TRANSMITTED (plus Cover)_L
COMMENTSIINSTRUCTIONS
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JBA 1998
. ~
;ollan 8""an & Auodat..
~ 30, 1998
Mr.MICl1lIlII~
Actlng Pl8nnlng & Zoning Ad.,4"i,ll'lIlor
Cly Of Boyntvn Bvac:l1
tOO E. Boynton av.;h Boul~
Boynton Be8ch. Florida 33436
All: MeIellr PUC. master pIIn m..dl~ions . ConIlnentaJ Homes of FIorlda
VIa Fu: (!561) 742..e259
OM- Mr.~,
On behalf ot CoII1h.... ,llll Homes , herewilh again r8qU8ll1 a poalpOI1e/T18nt of City Commla8lon
coneIderllllon for the llIOPO$8d l'I1Odlftcalione to lI'1e master plan. ThiS would place the item on \'OU' regular
CIlv Commlsalon mllllllng agenda for January 19, 1998. TIle addI!Ional time wltl aHow us to prepare
lCldilional exhibillllllld COl~ daIa whICh we believe \II~I ada'811S oonclll'f18 voiced III the November 24,
1998, Pllnning and o...~rJllnr EIolIrd meellng as wet as 1hOSe comments received from vour olIIce via
fu yelII8I'lM.y.
YotJ' rll'nWlCe in 1hIs ".,.... ill wry much app'eOatecI. Please fveI free to cd should you hlMJ any
QUlIStions.
/
. BryI/l I'
cc:
Conllnental HOO*
Sc:hnlIllIEngI~ng
Gonzalez Bryan & ...oollleS
Hager - w.iI..tllW'g
F. M.un PeITy, E8Q.
land Oevelopment Consultant. . 756 St. Fllbans Drive. Bo(a Raton. Florida 33486 . (407) 338.0395
Julian Bryan & Associates
\~ ~ @ ~ n w rn 00
DEe I ,41998
I
I PlAi'~N\NG AND
I ZON1NG DEPT.
December 11, 1998
Mr. Michael Rumpf
Acting Planning & Zoning Administrator
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Melear PUD, master plan modifications - Continental Homes of Florida
Via Fax: (561) 742-6259
Dear Mr. Rumpf,
On behalf of Continental Homes I herew~h respectfully request a postponement of City Commission
consideration for the proposed modifications to the master plan. This would place the ~em on your regular
City Commission meeting agenda lex' January 5 ,1998. The additional time will allow us to prepare
add~ional exhibits and compile data which we believe will address concerns voiced at the November 24,
1998, Planning and Development Board meeting.
Your assistance in this matter is very much appreciated. Please feel free to call should you have any
Questions.
cc: Continental Homes
Schnars Engineering
Gonzalez Bryan & Associates
Hager - Weinberg
F. Martin Perry, ESQ.
land Development Consultants' 756 5t. Albons Drive. Boca Raton, Florido 33486 . (407) 338-0395
.
~ *
Julian Srvon & A,sotlote.
NCMlI'Ilber 30. 1998
Mr. MiCtlaeI RunpI
AI:Ilng PIannrIg & Zoning AclmlnIIfndar
City of Boynton Beach
100 E. 8oynIon BelICh BouI8\ Wd
lIoyrIon Beach. FIoJIda 33435
Re: MeleIr PUO. mast.. pIa'l n~. . COIlI1. IIII1laI H_ Df Florida
0. Mr. RumpI,
on bellal1 of COI1lInental Hclmea I '*.~ ,eePe..tMIY ,aquat a two waek poIlI:lOfIBmBnl Of City
COlmIlUion COIl8ldllrlItio of propoeed IT1OdiftcalIoII8 to the m.- plan. Thia WOUlCl ~ the item on your
regullrCity con.lI....ion meeIII'W IQBfldII for 0.-....... 15, f998. ThuddllCJrl8llWO weeIGI wi! allow UlIlo
Pl'4lIlln edcIilloIlIl IIlChibllI and complle data wtUcI1 we bBl'- wil IlIdnIss concerne wiced at lt1e
No","".t.e. 24, 191)8. PlannIng and OeI...I<,j)..enr Board meeting.
Y04l UIiItInce In lhis matIIIr II ~ much ijlpo~. PIela. feel .... to caI should you have any
QuelIlI_.
cc: ConIloI8ntal Homee
Sc:Iln8I1I ErtoJI_ h'll
HIIgII' . WeilWg
F Ma'1In F'8rry, esq.
lOnd O"velopment Consultants - 756 St. Alban. Drive - SO(O Rotan. Florida 33486 . (407) 338.0395
JtBA
JULIAN BRYAN' ASSOCIATES
7511 It. 'lb,n, drl"
IMIcI Ilton, florid, 334..
16 1 -331-031$ office
5111.213.0301 mgblle
5111.338.59911 'IX
- . FAX TRANSMITTAL - .
TRANSMITTAL OATE___a.~=~~
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RECIPIENT'S FAX NUMBER_ ~,,- ]4Z.-~9
NAME__~~_~1:_~_~L~___________________
FIRM NAME_~.tf-!!t:t(~'{12J:)-'$t>GlL__________
FROM__wu~) !~, ) __________________________
PAGES TRANSMITTED (plus cover) I
COMMENTS/lNSTRUCTJONS
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J8A 1He
Julian Bryan & Associates
November 12, 1998
Mr. Michael Rumpf
Acting Planning & Zoning Administrator
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Melear PUD - Continental Homes of Florida
Dear Mr. Rumpf,
Attached are twelve copies of the rectified Master Plan for the above referenced community. All revisions
required of initial reviews as well as comments received at the recent TRB meeting of November 10, 1998,
have been included. The remaining issue of L.U.I. requirements at 4.0 has been researched as follows.
In the P.U.D. Zoning table, a LUI intensity rating of 4.0 allows a maximum of 1,346,875 sq. ft. of residential
floor area (154.6 ac. x 43560 = 6,734,376 x 0.2 = 1,346,875). Our research has found the following
dwelling unit square footages for the recently approved rental apartments and the older for sale quad
plexes.
364 apartments x 1060.7 sq. ft.lunit
332 quadplexes x 1264 sq. ft.lunit
= 386,128 sq. ft.
= 419.648 sQ. ft.
805,776 sq. ft.
1,346,875 sq. ft. allowed - 805,776 sq. ft. approved = 541,099 sq. ft. available divided by the 309
remaining units = 1751 sq. ft.lunit. Given the range of dwelling unit sizes proposed this 1751 sq. ft.
average will be sufficient to not require an increase above 4.0 in the LUI rating.
Your assistance in this matter has been very much appreciated. Please feel free to call should you have any
questions.
cc: Continental Homes
Schnars Engineering
Hager - Weinberg
land Development Consultants. 756 St. Albans Drive' Boca Raton. Florida 33486 . (407) 338-0395
v) Deliver an affidavit in fonn acceptable to Purchaser, stating, under
penalty of perjury, Seller's U.S. taxpayer identification number and that Seller is not a
foreign person within the meaning of Section 1445 of the Internal Revenue Code. If Seller
does not deliver such affidavit to Purchaser at Closing, or if Purchaser has actual knowledge
or receives notice that the affidavit is false, then, in either such event, Purchaser shall be
entitled to withhold from Seller an amount equal to ten percent (10%) of the Purchase Price,
which amount Purchaser shall report and pay over to the Internal Revenue Service within ten
(10) days after Closing as required by the Internal Revenue Code or regulations promulgated
pursuant thereto; and
vi) Deliver to Purchaser a Mechanic's Lien and Parties in Possession
Affidavit affuming that there are no mechanic's liens on the Property and that the only party
in possession other than Seller, is the tenant under the lease attached hereto as Exhibit "D."
vii) Deliver to Purchaser such other assignments and documents as may
be required pursuant to the provisions hereof or mutually agreed by counsel for Seller and
Purchaser to be necessary to fully consummate the transaction contemplated hereby.
(b) If Seller fails or is unable to deliver any of the items set forth in this Section
3.2 at the Closing, Purchaser may (i) elect to waive such failure and close the transaction, or (ii)
exercise anyone or more of its options under Section 5.1(b) hereof.
Section 3.3 Purchaser's ObIi~ations at the CIosinf.
(a) At the Closing, and upon receipt of all items to be delivered to Purchaser
under Section 3.2 above, Purchaser shall do the following:
i) Deliver the cash portion of the Purchase Price, as adjusted pursuant
to the provisions of Article VI, in accordance with Section 1.2 hereof;
ii) Deliver to Seller and the Title Company satisfactory evidence that all
necessary corporate, partnership, other action on the part of P).lI'chaser has been taken with
respect to the consummation of the transaction contemplated nereby;
iii) Seller has contributed . . to the City of Boynton Beach for
its share of the construction of Miner Road adjacent to the Property. Seller, by reason of this
contribution, is entitled to a transportation/road impact fee credit in the amount of
- ). To the extent that the Purchaser obtains any portion or all of this credit, the
Purchaser shall reimburse the Seller for that portion of the credit.
iv) Deliver to Seller such other instruments or documents as may be
required pursuant to the tenns hereof or mutually agreed by counsel for Seller and Purchaser
to be necessary to fully consummate the transaction contemplated hereby.
8
(b) If Purchaser fails or is unable to deliver any items set forth in this Section 3.3
at the Closing, Seller may (i) elect to waive such failure and close the transaction, or (ii) Seller may
exercise its remedy under Section 5 .2(b) hereof.
Section 3.4 Notification to Tenants. Seller and Purchaser covenant and agree to execute,
at Closing, a written notice of the acquisition of the Property by the Purchaser, in sufficient copies
for transmittal to Tenant and to other parties affected by the sale and purchase and properly
addressed to such Tenant and other parties, in form satisfactory to Purchaser and Seller.
Section 3.5 Escrow CIosinl!. Notwithstanding anything herein to the contrary, Purchaser
and Seller agree that the Closing may be accomplished by delivery into escrow with the Escrow
Holder of all documents and instruments required to be delivered at Closing, together with the
Purchase Price, whereupon Escrow Holder shall disburse such documents and the Purchase Price
in accordance with the terms hereof and such additional escrow instructions as Purchaser and Seller
may agree upon consistent with the terms hereof. Purchaser and Seller agree to execute on or before
the Closing sufficient copies of all closing documents for each party to have one (I) set of originals.
Section 3.6 Escrow Deposit. At Closing the Escrow Deposit, together with interest
thereon, shall, at Purchaser's option, be returned to Purchaser or applied to the Purchase Price.
Section 3.7 Reportinl! Person. Each of Seller and Purchaser hereby designate the Title
Company as the "Reporting Person" as such term is utilized in Section 6045 of the Code and
regulations thereunder. Seller agrees to provide the Title Company with such information as may
be required for the Title Company to file a Form 1099 or other required form relative to the Closing
with the Internal Revenue Service. A copy of the filed Form 1099 or other filed form shall be
provided to Seller and Purchaser simultaneously with its being provided to the Internal Revenue
Service.
ARTICLE IV
Re9resentations. Warranties and Covenants
Section 4.1 Representations and Warranties of Seller. Seller represents and warrants
to Purchaser, as of the date hereof, as follows:
(a) There is no pending condemnation or similar proceeding affecting the
Property or any portion thereof and no portion of the Property is affected by any special assessments,
whether or not a lien thereon, which will not be paid in full by Seller prior to Closing.
(b) To Seller's knowledge, no Notification has been issued to or received by Seller
or any other person in respect to nor is Seller aware of any (i) threatened condemnation or similar
proceeding affecting the Property or any portion thereof, or (ii) public improvements in, about, or
outside the Property which will in any manner adversely affect access to the Property, or (iii)
9
pending or contemplated assessments or similar charges which will affect the Property, or (iv)
pending proceedings in respect to any increase of the assessed valuation of any portion of the
Property or the applicable tax rate for ad valorem taxes affecting the Property, or (v) current,
pending, or threatened litigation or claim involving the Property or any portion thereof and/or any
pending or threatened litigation or claim involving any Tenants, suppliers, or material men.
(c) As of the Closing, except for the Tenant under the cattle lease, a copy of
which is attached hereto as Exhibit "D," there will be no adverse or other parties in possession of
the Property or any part thereof, nor any adverse claims with respect thereto.
(d) To Seller's knowledge, no Notification has been issued to or received by Seller
or any other person in respect to nor is Seller aware of the existence of any (i) Environmental
Activity at or around the Property (ii) violation of any Environmental Law at, around or with respect
to the Property or (iii) illegal Hazardous Substance discharge or seepage at or around the Property.
(e) All contractors, subcontractors, architects, materialmen, laborers, suppliers
and other parties who have performed or furnished work, labor, materials, equipment or supplies to
make improvements on the Property have been paid in full except for amounts due for w\lrk in the
ordinary course of business for which payment is not yet due and for which payment shall promptly
be made by Seller when due.
(f) Seller is an Indiana corporation duly formed and validly existing, under the
laws of the State ofIndiana with corporate power and authority to own, lease, operate, and sell its
interest in the Property, and to enter into this Agreement. The execution, delivery, and performance
of this Agreement by Seller has been duly and validly authorized by all necessary action of Seller
and this Agreement has been duly executed and delivered by Seller and constitutes a legal, valid, and
binding obligation of Seller, enforceable against Seller in accordance with the terms hereof, except
as enforceability hereof may be limited by bankruptcy, insolvency, or reorganization laws or by
applicable principles of equity.
tfg)) Seller is in the process of demucking, fiJling and regrading an adjacent parcel
of real estate ('~cent Parcel") owned by Seller. The Adjacent Parcel consists of approximately
23.6 acres which is south of Sandalwood Drive. Seller is removing excess material from the
Property and depositing the excess material on the Adjacent Property. Seller warrants that sufficient
material will remain on the Property to permit Purchaser's development of three hundred (300) home
sites at minimwn elevations to be established by the South Florida Water Management District and
the Lake Worth Drainage District.
(h) The South Florida Water Management District and the United States Corp of
Engineers have identified jurisdictional wetlands on the property. Mitigation of the wetlands is
being accomplished in the form of a cash contribution toward the establishment and maintenance
of offsite wetlands. The cost of this mitigation shall be paid by the Seller.
10
(i) There is a portion of the Property consisting of approximately 1.8 acres
(located along the east side of the Property) which contains muck type soils from the surface to a
depth ranging from zero to 3.5 feet.
G) There is a tenant who is using the Land for cattle grazing. At Purchaser's
option, at or after Closing, tenant's occupancy will terminate sixty (60) days following a notice
delivered to tenant. There are no other adverse parties in possession of the Land or of any part
thereof and no other parties in possession thereof.
(1<) Seller has posted a bond in the amount of with the City of Boynton
Beach to secure an obligation to participate in the cost of installation of a traffic signal at Congress
Avenue and Sandalwood Drive should such a signal be warranted. Purchaser and Seller each agree
to provide fifty percent (50%) of the security for the traffic signal.
(I) Seller has obligations to the City of Boynton Beach ("City") for water capital
facility charges and sewer capital facility charges. Seller and Purchaser shall each pay such charges ,
based on the City's formula for equivalent dwelling units ("edu"); provided, however, Seller has a
i credit toward the water capital facilities charge and Purchaser shall be entitled to a pro rata
share of such credit.
(m) Seller has granted, to the City of Boynton Beach a one (1) acre temporary
easement for storm water detention from Miner Road. Upon development of the Melear PUD, or
earlier, the retention pond may be relocated.
(n) The property is subject to a reciprocal easement agreement with Chalets IV
Homeowner's Association providing for cross-easements for the right to use the storm drainage
systems constructed on the respective properties.
(0) The property is subject to a Reciprocal Easement of Use ofIngress and Egress
with Chalets IV Corporation ("Chalets") providing for the use of a 1.8 acre recreational parcel on
the Chalets' property and a 1.2 acre recreational parcel on the Property.
(P) Seller is entitled to a sign easement pursuant to an agreement to sell the
Adjacent Parcel. The provisions of the agreement regarding the sign easement are set forth on
Exhibit "E" attached hereto. Seller will assign its rights.to the sign easement to Purchaser, and in
the event the Adjacent Parcel is not sold before the Property is sold, Seller will grant a sign easement
to Purchaser on terms and conditions identical to those set forth in Exhibit "E."
Section 4.2 Knowledl:e Standard. For purposes of this Agreement, wherever the term
"Seller's knowledge" or words of similar import are used it shall be deemed to be limited to the
actual knowledge as of the Effective Date and as of the Closing Date of Eugene B. Glick and the
actual knowledge as of the Effective Date and as of the Closing Date of the supervisory personnel
of EBG Insurance Agency, Inc. who have day to day responsibility for the management of the
11