REVIEW COMMENTS
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 99-104
TO:
Chairman and Members
Planning and Development Board
. (l'lvK-
MIchael Rumpf
Director of Planning and Zoning
(11(/;e t",,-,
Scott Barber
Acting Senior Planner (Gee & Jensen)
THROUGH:
FROM:
DATE:
April 15, 1999
SUBJECT:
Stor-AIl - COUS 99-001
Conditional Use - Limited-Access Self-Service Storage
PROPOSAL SUMMARY
Contained herein is a description of the subject project. The proposed Stor-AIl building is situated on a 3.5-acre
parcel currently zoned PCD. The proposed development consists of an 86,400 square foot limited-access self-
storage facility with 750 storage units. Applications for both rezoning and conditional use approval were
submitted proposing this storage facility in a C-l zoning district.
Applicant! Agent
Project name:
Kieran J. Kilday / Kilday & Associates
Stor-All
General description:
Conditional use approval for a limited-access self-storage facility on a parcel being
rezoned to C-l from PCD.
Property size:
152,561 square feet (3.5 acre)
Land use:
Office Commercial
Zoning:
Planned Commercial Development District (PCD)
Proposed Zoning:
C-1, Office/Professional
Location:
Southeast corner of Knuth Road and Old Boynton Road intersection (See Exhibit" A" -
Location Map).
Building area:
86,400 square feet (See Exhibit "B" - Proposed Site Plan).
Surrounding land uses/zoning:
North - Old Boynton Road and farther north is Boynton Beach Mall, zoned C-3
East - Proposed Wa1-Mart, zoned C-3
South - Palm Beach County - single family home, zoned AR
West - Knuth Road and farther west is a daycare center, zoned R-3
I
EXHIBIT "e"
CONDITIONS OF APPROVAL
Project name: Stor-All
File number: COUS 99-001
Reference: The plans consist of 14 sheets identified as 2nd Review, Conditional Use. File # COUS 99-001
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments:
1. Waste Removal in connection with construction process must be services
by the City of Boynton Beach. Please note on dumpster detail to indicate
same.
2. Relocate dumpster/enclosure south to the outside of the driveway curve
where the driveway is one-way.
UTILITIES
Comments: None
FIRE
Comments:
3. At time of permits, the engineering and/or architectural drawings shall be
revised to show the location of the fire department connections for the
fire protection system.
POLICE
Comments: None
ENGINEERING DIVISION
Comments:
4. All plans submitted for specific permits shall meet the city's code
requirements at time of application. These permits include, but are not
limited to the following: site lighting, paving, drainage, curbing,
landscaping and irrigation. Permits required from other permitting
agencies, such as FOOT, PBC, SFWMD, DERM, LWDD, DEP and any
others, shall be included with your permit request.
5. On all applicable plans, show a 6 inch thick sidewalk through both
driveways.
6. On the applicable plans, show a 5-foot high masonry wall or equivalent
screen to buffer the residential use along the southern boundary. [LOR
Chapter 6, Article III, Section 3]
7. Provide County approval to outfall into the Knuth Road drainage system.
'1
Page 2
Stor-All
File No.: COUS 99-001
DEPARTMENTS INCLUDE REJECT
8. On the parking stall detail, change the handicap sign from FTP 26 to a
FTP 25 to agree with the plan site. Change the City Drawing from B-
90012 to B-9800 I, specify white, diagonal stripes within the 5 foot
accessibility path and correct the plan view to agree with the handicap
ramp detail.
9. Specify by a general note that the exfiltration trenches and associated
inlets shall conform to City Standard Drawing B-9 1007 and revise trench
detail accordingly.
10. We recommend installing a 6 foot hedge along Knuth Road, south of the
driveway and not within the clear sight area, to screen the two loading
zones to the southwest.
11. Indicate the proposed elevation of the top of weir plat in the control
structure. Indicate documentation on adjustability. Provide approval
from the SFWMD for the proposed stormwater drainage system.
12. Coordinate section "C-C" with the Paving and Drainage Plan,
dimensions do not agree.
13. Show all proposed pavement markings, striping and signage on the
Paving and Drainage Plan.
13A. Provide revised grading and additional concrete flumes at the south side
of the drive at the south side of the building to prevent stormwater from
pounding against the curbing.
13B. The maximum width of any drive at the right-of-way line shall be 32
feet. Revise the driveway distance measurement at the north side of the
site accordingly [LDR Chapter 23, Sec. 7.H.1].
BUILDING DIVISION
Comments:
14. Amend the ten-foot long 1: 12 slope handicap ramp that is shown on the
plans to include handrails that comply with the Accessibility Code.
Identify on the paving and drainage plan the finish elevation of the below
listed components of the accessible route that is required from the
accessible parking spaces to the accessible entrance of the building.
Finish elevation of the access aisle that is located between the accessible
parking spaces, landing at the bottom of the ramp, landing at the top of
the ramp and the entrance area at the exterior of the building. If the
elevation ofthe top landing of the ramp is not the same elevation as the
exterior entrance area or the finish floor of the building, identify and/or
'8
Page 3
Stor-AlI
File No.: COUS 99-001
DEPARTMENTS INCLUDE REJECT
show on the plan how the transition in vertical elevation will be
accomplished to comply with the Accessibility Code.
15. Provide notes, measurements and computations on the site plan or floor
plan that verifies the proposed finish floor elevation is in compliance
with the minimum standards. The finish floor shall meet the minimum
elevation required by the flood zone that the project is located within and
minimum elevation that is required by the South Florida Water
Management District. Also, verify that the elevation of the finish floor is
not less than six inches above the crown of the abutting rights-of-way.
16. The size of the wall sign illustrated on the north elevation view drawing
exceeds the maximum allowed by the regulations of the Sign Code.
Amend the size of the sign accordingly.
PARKS AND RECREATION
Comments: None
FORESTERlENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
17. Rotate decorative square accent to coincide with that similar element
used on the Boynton Commons Shopping Center.
18. Provide color and material samples for project elements.
19. Unless a time extension is granted, a minimum of 25% of the total costs
of the improvements must be completed within 1 year of approval to
maintain conditional use approval.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
20. To be determined.
ADDITIONAL CITY COMMISSION COMMENTS
21. To be determined.
MWRljma:dim
J :\SHRDA T A \Planning\SHAREDI WP\PROJECTS\Stor All\COUS 99-00 l\2nd REVIEW COMMENTS. doc
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Stor-AII- COUS 99-001
Memorandum No. PZ 99-104
Page 3
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
With incorporation of Planning and Zoning Division comments, screening and buffering of adjoining
properties will meet code.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
At the time of permitting, security lighting levels will be evaluated for excessive glare. No increased
conditions regarding glare are anticipated from the proposed development area. It is recommended that
the site lighting poles not exceed 20 feet in height and that the light levels not exceed building code
maximums. It is further recommended that the light fixtures required to illuminate the entrance access
aisle be directed away from any buildings located adjacent to the site. A wall sign and a monument sign
are proposed, and to be constructed at the maximum allowable dimensions (the wall sign slightly exceeds
the maximum area allowed based on building frontage; the sign area must be reduced to comply with the
sign code).
7. Required setbacks and other open spaces.
The setback for a self-storage facility in a C-] zoning district is 30 feet from all residential districts and
rights-of-way. The proposed building location meets or exceeds this minimum requirement. Open space
code requirements will be met when staff comments are incorporated into permit drawings.
8. General compatibility with adjacent property and other property in the zoning district.
The proposed facility is compatible, both visually and by use, with the commercial node existing in this
area. The vegetative preserve area retained between the proposed building and the single1amily homes
to the south has provided a good amount of separation and buffering of the incompatible use.
9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby
properties, and the city as a whole.
The overall height of the proposed structure is 30 feet. As a use permitted in the C-I districts, the
proposed development meets the City of Boynton Beach commercial development regulations.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The proposed self-storage facility is to be located on the fringe of the city's commercial cores; and would
generate fewer impacts than are generated by the existing retail uses in this vicinity.
11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19,
Article II of the City of Boynton Beach Code of Ordinances. (Part 1II Chapter 4 Site Plan Review).
With incorporation of staff comments, the proposed project will comply with all requirements of
applicable sections of city code.
~
Stor-AII - COUS 99-001
Memorandum No. PZ 99-104
Page 4
12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards
within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise
Control Ordinance.
With incorporation of all conditions contained herein, the use would operate in a manner that is in
compliance with the above-referenced codes and ordinances of the City of Boynton Beach.
RECOMMENDATION
Based, in part on the need for this facility as represented by the efforts of the current petitioners, compliance
with development regulations, and the consistency with the Comprehensive Plan which allows such uses within
this land use classification contingent upon compatibility with neighborhood character, staff recommends that
this project be approved. This recommendation for approval is conditioned upon satisfying all conditions of
approval as contained in Exhibit "C".
Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within
which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to
develop this project. As long as 25 % or more of the total cost of the improvements are completed within one (1)
year, this condition is met.
SB:mr
Attachments
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 99-050
FROM:
TRC MEMBERS:
Bob Borden, Assistant Fire Marshal
Kevin Hallahan, Forester/Environmentalist
Sgt. Eric Jensen, Police Department
Pete Mazzella, Utilities Department
Michael Haag, Building Division
Ken Hall, Engineering Division
AI Kim, Public Works
John Wildner, Parks Division
Ray Davidson, Acting City Engineer
Bob Donovan, Supervisor, Permit Application Group
flvtz
Michael W. Rumpf
Acting Manager of Planning and Zoning
TO:
DATE:
February 24, 1999
RE:
SITE PLAN REVIEW PROCEDURES
1ST Review - Conditional Use
Project - Stor-AII
Location Knuth Road and Old Boynton Road
Agent Lindsey Walter, Kilday and Associates, Inc.
File No. COUS 99-001
Permit No. - 99-82
Find attached for your review the plans and exhibits for the above-referenced project. Please review the
plans and exhibits and transmit formal written comments to me no later than 5:00 P.M. on March
11. 1999. When preparing your comments, please separate them into two categories; code
deficiencies with code sections referenced and recommendations that you believe will enhance
the project.
Adhering to the following review guidelines will promote a comprehensive review and enable the
applicant to efficiently obtain Technical Review Committee approval:
1. Use the review standards specified in Part IV, land Development Regulations, Site Plan Review
and the applicable code sections of the Code of Ordinances to review and formulate comments.
2. The documents submitted for the project were determined to be substantially complete, however,
if the data provided to meet the submittal requirements is insufficient to properly evaluate and
process the project based on the review standards or the documents show code deficiencies,
additional data and/or corrections should be requested by the reviewer by contacting Scott
Barber.
3. Each comment shall reference the section of the code that is incorrectly depicted on the
documents.
Page 2
Development Department Memo PZ 99-050
Stor-AII
TO: TRC Members
4. Technical Review Committee member(s) shall identify in their comments when the plans depict or
when the location and installation of their departmental required improvements may conflict with
other departmental improvements.
5. When a TRC Member finds a code deficiency that is outside of his/her review responsibility, the
comment and the specific code section may be included in their review comments with the name
of the appropriate TRC Member that is responsible for the review specified.
6. If a TRC member finds the plans acceptable, he/she shall forward a memorandum, within the time
frame stated above, to me. The memorandum shall state that the plans are approved and that
they do not have any comments on the plans submitted for review and that they recommend the
project be forwarded through the approval process.
All comments shall be typed, addressed and transmitted to me for distribution to the applicant. Please
include the name and phone number of the reviewer on this memorandum. Scott Barber will be the
Planning and Zoning staff member coordinating the review of the project.
First review comments will be transmitted to the applicant along with a list of Technical Review Committee
(TRC) members. The applicant will contact TRC member(s) to clarify comments. Amended sets of plans
will be submitted prior to, or brought to the TRC meeting. Amended plans and outstanding comments will
be reviewed at the TRC meeting to confirm that the project is ready to move forward to the Planning and
Development Board meeting.
MWRbme
Attachment
xc: William Bingham, Fire Chief
Marshall Gage, Police Chief
John Guidry, Utilities Director
larry Roberts, Public Works
Don Johnson, Building Division
Sebastian Puda, Engineering Division
Central File
J:ISHROA TAIPlanninglSHAREDlWPIPROJECTSIStor AIIICOUS 99-001 11 STREVI EW-PLANS.doc
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Engineers. Planners. Consultants
February 23, 1999
Job No. 99-7
TRAFFIC IMPACT STATEMENT
Self Storage Facility
Palm Beach County, Florida
SITE DATA
The subject parcel is located on the southeast corner of Knuth Road
and Old Boynton Road and contains approximately 3.5 acres. Proposed
site development on the currently unimproved parcel consists of an
86,400 S.F. self storage facility with an anticipated build-out of
2000. Site access is proposed via a driveway connection to Old
Boynton Road and an exit only to Knuth Road. For additional
information concerning site location and layout, please refer to
the site plan prepared by Kilday and Associates.
PURPOSE OF STUDY
This study will analyze the proposed development's impact on the
surrounding thoroughfares within the proj ect' s radius of
development influence in accordance with the Palm Beach County Land
Development Code Article 15, Section 15.9 Traffic Performance
Standards.
The Traffic Performance Standards require that a proposed
development meet two "tests" with regard to traffic. Test 1, or
the Link/Buildout Test, requires that no site specific development
order be issued which would, during the build-out period of the
project, add project traffic at any point on any major thoroughfare
link within the project's radius of development influence if the
total traffic on that link would result in an average annual daily
traffic or peak hour traffic volume that exceeds the adopted
threshold level of service during the build-out period of the
project.
Test 2, or the Model Test, requires that no site specific
development order be issued which would add project traffic to any
link within the project's model radius of development influence if
Lhe Lotal model traffic on that link would result in an average
annual daily traffic volume, as determined by the model, that
exceeds the adopted level of service. For the purposes of this
analysis, the construction contemplated in the Modified 2010 Plan
shall be used.
This study will verify that the proposed development's traffic
impact will meet the above Performance Standards.
4623 Forest Hill Bouievard, Suite 112, West Palm Beach. Florida 33415
Telephone (561) 965-9144 . Fax (561) 965-0926
Traffic Impact Statement
Job No. 99-7
February 23, 1999 - Page Two
TRAFFIC GENERATION
The traffic to be generated by the self storage facility may be
calculated in accordance with the trip generation rates presented
in Table 10.8-1 Fair Share Road Impact Fee Schedule of Article 10:
SELF STORAGE (86,400 S.F.)
86,400 S.F. x 2.61 tod
1000 S.F. =
NET =
226 tpd
- 11 tod
215 tpd
Less 5% Capture =
RADIUS OF DEVELOPMENT INFLUENCE
Based on Table 2A and 2B of the Palm Beach County Traffic
Performance Standards, for a net trip generation of 215 trips, the
radius of development influence shall be one-half mile for Test One
and the directly accessed link for Test Two.
EXISTING TRAFFIC
Existing average annual daily traffic volumes for the links within
the radius of development influence were available from the
Metropolitan Planning Organization of Palm Beach County 1997/1998
Annual Traffic Volume Map.
Background traffic, consisting of historical growth allowances
furnished by Palm Beach County, major project traffic, and
anticipated development in the area was also considered. The
following Table calculates the 3-year historical growth rate for
the applicable count station with the project's radius of
development influence:
EXISTING TRAFFIC (CONTINUED)
TABLE 1
HISTORICAL GROWTH RATE CALCULATION
LINK
A. OLD BOYNTON ROAD:
1994/1995
1997/1998
!
1.
2.
East of Lawrence Rd.
East of Congress Ave.
11, 962
8860
16,104
11,372
10.42%(Use 5%)
8.74%(Use 5%)
Traffic Impact Statement
Job No. 99-7
February 23, 1999 - Page Three
EXISTING TRAFFIC (CONTINUED)
Based upon the existing and proposed geometry of the roadway
network, a review of the existing and historical travel patterns,
as well as a review of the proposed development and improvements in
the area, the following distribution was assumed for trips
generated by the project:
North
South
East
West
25%
25%
25%
25%
The 1997/1998 average daily traffic volumes, the proposed project
traffic, background traffic, and the total traffic are also shown
in Figure 1.
Based on the projected total daily traffic volumes and threshold
volumes for the links within the project's radius of development
influence as shown in Figure 1, this project meets the applicable
Average Daily Traffic Volume Link Performance Standards listed
under "Test One" of the Palm Beach County Traffic Performance
Standards on all links with the project's radius of development
influence.
PEAK HOUR TRAFFIC VOLUMES
The net external P.M. peak hour traffic volumes to be generated by
the proposed facility may be calculated as follows in accordance
with the rates provided in the ITE Trip Generation Manual, 5th
Edition:
USE
NET
EXTERNAL
DAILY TRIPS
P.M.
P.H.F.
P.M.
PEAK HOUR
TRIPS
SELF STORAGE
215
10.0%
22
Traffic Impact Statement
Job No. 99-7
February 23, 1999 - Page Four
PEAK HOUR TRAFFIC VOLUMES (CONTINUED)
The existing average peak hour traffic has been determined by
factoring the 1997/1998 average annual daily traffic by a "K"
factor of 9.3 % and can be seen in Figure 2. The proj ect' s net
external P.M. peak hour traffic volumes, the peak hour background
traffic, and the total peak hour traffic volumes are also shown in
Figure 2.
Based on the Level of Service "D" Average Peak Hour Threshold
Volumes shown in Table 1A of the Palm Beach County Traffic
Performance Standards and the total peak hour volumes shown in
Figure 2, this proj ect meets the applicable Peak Hour Traffic
Volume Link Performance Standards listed under "Test One" of the
Palm Beach County Traffic Performance Standards on all links within
the project's radius of development influence.
SITE RELATED IMPROVEMENTS
The A.M. and P.M. peak hour turning movement volumes and
directional distributions at the project entrance for the overall
development, with no reduction for pass-by credits, may be
calculated as follows:
USE TOTAL P.H.F. PEAK DIRECTIONAL DIRECTIONAL
TRIPS HOUR DISTRIBUTION DISTRIBUTION
TRIPS (% IN / OUT) (TRIPS IN/OUT)
SELF STORAGE FACILITY 186.400 S.F. )
A.M. 226 6.5% 15 48% / 52% 7 / 8
P.M. 226 10.0% 23 52% / 48% 12 / 11
Due to the low anticipated peak hour turning movements, no
additional turn lanes or site related improvements are recommended
for this proposed development.
MODEL TEST
Modified Table 5, Projected Network Deficiencies for the future
network, does not presently indicate that the applicable links
within the project's radius of development influence will be over
capacity. Therefore, this project meets the Model Test.
Traffic Impact Statement
Job No. 99-7
February 23, 1999 - Page Five
CONCLUSION
This proposed development is expected to generate a total of 215
trips per day at project build-out in 2000. Based on an analysis
of existing and project traffic characteristics and distribution,
as well as the existing and future roadway network geometry and
traffic volumes, this overall project meets the LinkjBuildout Test
and the Model Test as required by the Palm Beach County Traffic
Performance Standards.
jp
tr997
SIMMONS & WHITE, INC.
ENGINEERS * PLANNERS * CONSULTANTS
4
42189
3170
32
45391
47500
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OLD BOYNTON
11392
1475
32
12899
14300
16104
2089
64
18257
31100
16104
2089
96
18289
31100
42189
3170
32
45391
47500
o
Ln
FIGURE 1
I rr"r~'n
I..-l-'....IL, 'lU
12156 1997/1998 AADT
197 HISTORICAL GROWTH
12 PROJECT TRAFFIC
12365 TOTAL TRAFFIC
14300 LO.S. STANDARD
(50) PROJECT TRIPS
SELF STORAGE FACILITY
99-07 J.B.S. 2-23-99
4623 FOREST HILL BLVD., SUITE 112, WEST PALM BEACH, FLORIDA 33415
TELEPHONE (561) 965-9144
1498
194
7
1699
2890
I L('L~I"
............'-"'--,';L,.
SIMMONS & WHITE, INC.
ENGINEERS · PLANNERS · CONSULTANTS
o
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Z
~
1498 PK. HR. TRAFFIC
194 HISTORICAL GROWTH
7 PROJECT TRAFFIC
1699 PK. HR. TOTAL TRAFFIC
2890 PK. HR. STANDARD
1498
194
10
1702
2890
OLD BOYNTON
3924
295
4
4223
4420
FIGURE 2
w
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(f)
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3924
295
3
4222
4420
1059
137
3
1199
1330
4
SELF STORAGE FACILITY
99-07 J.B.S. 2-23-99
4623 FOREST HILL BLVD., SUITE 112, WEST PAlM BEACH, FLORIDA 33415
TELEPHONE (561) 965-9144
- ._----~-~ -
Stor-AII - COUS 99-001
Memorandum No. PZ 99-104
Page 2
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses
are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of
the application as it pertains to standards.
The Planning and Development Board and City Commission shall consider only such conditional uses as are
authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses
absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets,
alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding
area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose
of this section. In evaluating an application for conditional use, the Board and Commission shall consider the
effect of the proposed use on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provisions have been madecoriCeri1mgihe-fullQw~~ standards, where applicable:
~ --- --....-- - -- - -----
1
Ingress and egress to the subject property and proposed structures thereon, with particular reference to
automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or
catastrophe.
~,
The subject property has one-two points of ingress/egress. A one way egress only access point at Knuth
Road and the main entrance at Old Boynton Road. The Old Boynton Road entry did not originally meet
the minimum driveway/intersection separation requirement. The applicant submitted for, and received
approval of a variance to reduce the minimum distance to 102'-9 "to allow the main entry drive to be
located approximately mid-way between Knuth Road and the nearby mall entrance. No left-out turning
movement will be allowed from this entrance.
2. Off-street par mg an oa mg areas where required, with particular attention to the items in subsection 1
above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and
nearby properties, and the city as a whole.
The proposed self-storage use is designed so that all activity will be contained within the building. The
building will be designed to reflect an office type structure with the intent of structural compatibility with
surrounding developments. The building will have two adjacent 15 'x 60' loading spaces at the south
side, andfour 15'x 30' spaces on the east side of the building. To the south, a 125100t deep vegetative
preserve area will screen views from the adjacent single family homes, and to the east, the loading
spaces face a Local Retail land use. The proposed project will not increase the intensity of any glare or
odors that already exist.
3. Refuse and service areas, with particular reference to the items in subsection I and 2 above.
One refuse structure will be provided at the southeast corner of the proposed building, and waste will be
removed on a standard schedule.
4. Utilities, with reference to locations, availability, and compatibility.
With incorporation of Utility Department comments, utilities are available and consistent with
Comprehensive Plan policies and city regulations.
v
APPLICATION TRACKING LOG
PROJECT TITLE: STOR-ALL FILE #: COUS 99.001
PROJECT LOCATION: KNUTH ROAD at OLD BOYNTON ROAD
TYPE OF APPLICATION: CONDITIONAL USE
PUBLIC NOTICE REQUIRED: (YIN) D REVIEWER'S NAME
AGENT: KIERAN KILDAY, KILDAY at ASSOC., INC. ADDRESS:
AGENT PHONE: 561.689-5522 FAX: 689.2592
DATE REC'D: 2/23/99 AMOUNT:
RECEIPT NO.:
12 SETS OF PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW:
2 OF 12 SETS SIGNED AND SEALED D
SURVEY D
LANDSCAPE PLAN D
FLOOR PLAN D
SITE PLAN WITH SITE DATA D
APPLICATION/SUBMITTAL: DATE ACCEPTED:
DRAINAGE PLAN
ELEVATION VIEW DRAWINGS
COLORED ELEVATIONS RECEIVED
MATERIAL SAMPLES RECEIVED
PHOTOGRAPHS RECEIVED
DATE OF SUBMITTAL ACCEPTANCE LETTER:
DATE OF LETTER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES:
DATE DENIED:
D
D
D
D
D
INITIAL 1 REVIEW MEMO: DATE SENT:
MEMO NO.
1 ST REVIEW COMMENTS RECEIVED
UTIL.
P.W.
PARKS
FIRE
POLICE
PLANNING
BLDG
ENGR
FORESTER
PLANS MEMO#
D
D '"'.0
DATE OF LETTER SENT TO SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS:
RETURN DATE'
OJ
~'
~(/'J1
90 DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID:
DATE 12 COMPLETE (ASSEMBLED) SETS OF AMENDED PLANS SUBMITTED FOR 2ND REVIEW:
PRE.ASSEMBLED PLANS SUBMITTED FOR REVIEW:
AMENDED APPLICATION D
2 OF12 SETS SIGNED AND SEALED D
SURVEY D
LANDSCAPE PLAN D
FLOOR PLAN D
SITE PLAN WITH SITE DATA D
2ND REVIEW MEMO: DATE SENT:
DRAINAGE PLAN
ELEVATION VIEW DRAWINGS
COLORED ELEVATIONS RECEIVED
MATERIAL SAMPLES RECEIVED
TRANSPARENCY RECEIVED
PHOTOGRAPHS RECEIVED
MEMO NO.
2nd REVIEW COMMENTS RECEIVED
PLANS MEMO# DATE PLANS MEMO# DATE
UTIL. D PLANNING D
P.W. D BLDG D
PARKS D ENGR D
FIRE D FORESTER D
POLICE D
D
D
D
D
D
D
RETURN DATE:
BOARD MEETING DATE:
LAND DEVELOPMENT SIGNS PLACED AT THE PROPERTY. DATE SENT / SIGNS INSTALLED:
BOARD:
CITY COMMISSION: DATE:
DEVELOPMENT ORDER RECEIVED FROM CITY CLERK: D DATE:
DATE:
DEVELOPMENT ORDER SENT TO APPLICANT: D DATE:
S:\FORMS\TRACKING LOG FORM
revised 4/25/97
"j
\
__I.
,"
,
/
APPLICATION I AUTHORIZATION
PROJECT NAME: STOR-ALL
LOCATION: Knuth Road & Old Boynton Rd
COMPUTER ID: Stor-AII\Cous
PERMIT #: 99-82
I FILE NO.: COUS 99-001 I TYPE OF APPLICATION: Conditional
Use
AGENT/CONTACT PERSON: OWNER/APPLICANT:
Lindsey Walter, Kilday & Assoc., Inc. Knuth Road Associates
PHONE: 689-5522 PHONE: 684-1040
FAX: 689-2592 FAX: 686-9940
ADDRESS: 1551 Forum Place, Suite 100A ADDRESS:
West Palm Beach, FL 33401 1551 Forum Place, Suite 100
West Palm Beach, FL 33401
Date of submittallProiected meetine: dates:
SUBMITTAL / RESUBMITTAL 2/23/99
1ST REVIEW COMMENTS DUE: 3/11/99
.
PUBLIC NOTICE: Out/City Atty: 4/12/99
City Clerk/Fax: 4/14/99
Publi~h Date: 4/16/99
TRC MEETING: I'.....u 4/6/99
PROJECTED RESUBMITTAL DATE:
ACTUAL RESUBMITTAL DATE:
2ND REVIEW COMMENTS DUE:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 4/27/99
MEETING:
CITY COMMISSION MEETING: 5/4/99
COMMENTS:
S;\FORMS\PROJECT TRACKING INFO
APPLICATION ACCEPTA-~E DATE:
RECEIVED BY STAFF 1"1_ lBER: ,12~a ~
FEE PAID: /5tJ~ .OtJ
RECEIPT NUMBER: - ,/tJ;67'
,
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
CONDITIONAL USE APPLICATION
NOTE: This form must be filled out completely and accurately and
must accompany all applications submitted to the Planning
Department. (2 copies 0= application required)
PROJECT NAME:
Stor-All - Knuth Road & Old Boynton West Road.
AGENT'S NAME:
Kieran J. Kilday - Kilday & Associates, Inc.
ADDRESS:
1551 Forum Place, Suite 100A
(561) 689-5522
33401
(zip code)
(561) 689-2592
West Palm Beach, Florida
PHONE:
FAX:
OWNER'S NAME:
(or trustee)
ADDRESS:
Knuth Road Associates
1551 Forum Place, Suite 100
PHONE:
(561) 684-1040
33401
(zip code)
FAX: (561) 686-9940
West Palm Beach, Florida
PROJECT
LOCATION:
.in2t. legal
The southeast corner of Knuth Road & Old Boynton West Road.
description)
CORRESPONDENCE ADDRESS: * Please send all correspondence to agent's address.
(if different than
agent or owner)
* This is the only address to which all agendas, letters and
other materials will be forwarded.
:2
Fee
File No.
CONDITIONAL USE APPLICATION
Date Submitted: 2-23-99
Applicant Name: STOR-ALL PROPERTIES, INC.
Applicant Address:
1375 West Hillsborough Blvd.
Deerfield Beach, Florida
PHONE:
(954) 421-7888
33442
(zip code)
Fax: (954) 426-1108
Site Address:
No address at this time.
Legal Description:
Please see attached Exhibit A.
Project Description:
Please see attached justification statement.
SEE ATTACHED CONSENT FORM
Signature of OWNER
The OWNER has hereby
designated the above
signed person to act as
his agent in regard to
this petition. (To be
executed when Owner
designates another to act
on his behalf.)
3
CONDITIONAL USE APPROVAL APPLICATION
I. GENERAL INFORMATION:
a.
All property owners
(400)feet surrounding
notified.
located within four hundred
the subject parcel shall be
b. The ownership of all surrounding properties as
submitted by the applicant, shall be reviewed by the
City Clerk, who shall notify the owners by regular mail
of the date and purpose of the public hearing held in
conjunction with the conditional use application.
c. Notice of the public hearing shall also be advertised
in a newspaper published in the City at least ten (10)
days in advance of the hearing.
At the public hearing held. by
Development Board, evidence for
presented.
e. The Planning and Development Board may recommend
approval, approval with modification or denial of the
application subject to the standards provided in
Ordinance No. 76-46. A written report of the Board's
findings shall be forwarded to the City Commission.
d.
the Planning
or against may
and
be
f. At a regular meeting, the City Commission may approve,
approve with modification or deny the application
subject to the standards provided in Ordinance No. 76-
46.
g. Each ~ application for conditional use approval shall
be accompanied by a fee payable to the City of Boynton
Beach as per the attached fee schedule as well as
labels and postage for property owners to be notified.
h. Each application for an extension in time of a
conditional use approval shall be accompanied by a fee
payable to the City of Boynton Beach for one hundred
and twenty-five ($125)dollars. Such application shall
by submitted to the Planning Director not less than 45
days prior to the expiration of the approval.
4
CONTENTS OF THE CONDITIONAL USE APPLICATION
II. CONTENTS OF THE CONDITIONAL USE APPLICATION. Application for
conditional use shall contain two (2) copies of the following
items:
a. Statement of the applicant's interest in the property to be
developed, including a copy of the last recorded Warranty
Deed, and a certificate from an attorney-at-law or a title
insurance company certifying who the current fee simple
title holders of record of the subject property are, and the
nature and extent of their interest therein, and
1. If joint and several ownership, a written consent to
the development proposal by all owners of record, or
2. If a contract purchase, a copy of the purchase contract
and written consent of the seller/owner, or
3. If an authorized agent, a copy of the agency agreement
and written consent of the principal/owner, or
4. If a lessee, a copy of the lease agreement and written
consent of the owner, or
5. If a corporation or other business entity, the name of
the officer or person responsible for the application,
and written proof that said representatives have the
delegated authority to represent the corporation or
other business entity, or in lieu thereof, written
proof that he is in fact an officer of the corporation.
b. Legal survey, prepared by a surveyor registered in the State
of Florida, showing an accurate legal description of the
subject property, and the total acreage computed to the
nearest one-hundredth (1/100) of an acre (these two surveys
are in addition to the surveys required on page 6 of this
application, Sec. 111.19.).
c. Vicinity map, showing the location of the subject property
in relation to the surrounding street system.
d. Drawing showing the location of all property lying four
hundred feet (400) adjacent to the subject parcel, and a
complete list of the property owners' names, mailing
addresses and legal descriptions. The owners of property
shall be those recorded on the latest official County tax
rolls. Such list shall be accompanied by an affidavit
stating that to the best of the applicant's knowledge, said
list is complete and accurate.
5
III. SITE PLAN REQUIREMENTS
Twelve (12) complete, assembled and stapled sets of plans shall
be submitted. All drawings shall be scaled and the maximum size
sheet shall be 24" x 36". The following site information shall be
shown on the submitted plans or where applicable, separately
submitted. Incomplete site plans will not be processed.
(check)
xx
xx
xx
xx
xx
xx
xx
N/A
xx
n/a
xx
xx
xx
xx
n/a
xx
1.
Boundaries and dimensions of the parcel.
2 .
Scale, graphic scale, north arrow, and date.
3 .
Adjacent properties or land uses.
4.
Pavement edge and/or right-of-way lines for all
streets, alleys, sidewalks, turn lanes, driveways and
unimproved rights-of-way within one-hundred (100) feet
of the site. Also, names of adjacent streets and
rights-of-way.
5. Location of all proposed structures, and any existing
structures that are to remain on the site.
6. Setbacks of all structures (over 3 ft. in height) from
property lines.
7. Use of each structure, indicated on the site plan.
8. Number of efficiency, 1-bedroom, 2 bedroom, etc.,
dwelling units in each residential structure, to be
indicated on site plan.
9. Indication of height and number of stories of each
structure.
10. Indication of structures, equipment, etc., above 45
foot height, including height in excess of 45 ft.
11. Floor plans or typical floor plans for all structures.
12. Finish floor elevations of all structure.
13. Uses within each structure, indicated on floor plans.
14. Elevations or typical elevations of all structures;
including materials, surfaces, including roofs.
1S. Indication of the numbers and types of recreational
facilities to be provided for residential developments.
16. Indication on site plan of location, orientation, and
height of all freestanding signs and wall signs.
xx
xx
xx
xx
xx
xx
xx
xx
xx
6
17. Location of walls and fences, and indication of th@ir
height, materials, and color.
18. A landscape plan. showing conformance with the
Landscape Code and Tree Preservation Code, and showing
adequate watering facilities. Plants must be keyed out
according to species, size and quantity.
19. A sealed survey, by a surveyor registered in the State
of Florida, and not older than six (6) months, showing
property lines, including bearings and dimensions,
north arrow, date, scale, existing structures and
paving, existing elevations on site, rights-of-way and
easements on or adjacent to the site, utilities on or
adjacent to the site, legal description, acreage to the
nearest one-hundredth (1/100) of an acre, location
sketch, and surveyor's certification. Also, sizes and
locations of existing trees and shrubs, including
common and botanical names, and indication as to which
are to be retained, removed, and relocated, or
replaced.
20. Location of existing utility lines on or adjacent to
the property to be indicated on the site plan, in
addition to being shown on the survey. Also, location
of existing fire hydrants on or adjacent to the site.
21. Location of additional fire hydrants, to meet standards
set forth in Article X, Section 16 of the subdivision
and Platting Regulations.
22. Fire flow calculations justifying line size for both
on/off site water lines.
23. Sealed engineering drawings for proposed utilities, as
per City specifications.
24. Information regarding form of ownership (condominium,
fee simple, lease, etc.).
25. Location and orientation of garbage cans or dumpster
facilities. All garbage dumpsters must be so located
to provide direct access for the City front-end
loaders, and the dumpster area must be provided with
adequate width and height clearance. The site must be
so designed to eliminate the necessity for the front-
end loader to back into any street. If any use
requires the disposal of wet garbage, a ten foot by ten
foot (10' x 10') concrete slab shall be provided. All
dumpsters must be screened and landscaped in accordance
with the City Landscape Code (see Sec. 7.5-35(i)). A
minimum 10 foot wide opening is required for dumpster
enclosures.
7
xx 26. A parking lot design and construction plan showing
conformance to the City Parking Lot Regulations, and
including the following information. Any exceptions to
the Parking Lot Regulations that are proposed for that
are to continued will require an application for
variance to the Parking Lot Regulations.
a. Locacion of all parking and loading facilities.
b. A parking lot layout plan, including curbs, car
stops, and double striping.
c. A cross-section of materials to be used in the
construction of the parking lot.
d. A lighting plan for the building exterior and
site, including exterior security lighting, and
lighting for driveways and parking lots; to
include the location of lighting standards,
direction of lighting, fixture types, lamp types
and sizes, and average illumination level(s) in
footcandles.
e. Information showing conformance with the City
Street and Sidewalk Ordinance, including
construction of sidewalks along adjacent
public streets.
f. Location of existing and proposed public and
private streets, including ultimate rights-
of-way.
g. On-site traffic plan, including arrows and other
pavement markings, traffic signs, and stop signs
at exits.
h. Location of handicap parking spaces, plus signs
and access ramps, consistent with the State
Handicap Code.
i. A drainage plan for the entire site, including
parking area; to include finish grade and pavement
elevations, drainage calculations, and details of
the drainage system. If the total impervious area
on site exceeds twenty-five thousand (25,000)
square feet, then drainage plans and calculations
must be prepared by an engineer registered in
the State of Florida, and must be sealed.
percolation tests must by provided with drainage
calculations.
j. Existing elevations on adjacent properties, and on
adjacent rights-of-way.
8
n/a
Where conformance with the County's
Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of
Environmentally Sensitive Lands (Environmentally
Impact Study) must be submitted to the Palm Beach
County Department of Environmental Resources
Man~gement (copy to City) prior to or concurrent
with the submittal of the site plan to the City.
Submit a traffic impact analysis for the proposed
use. The analysis shall comply with the Palm Beach
County Traffic Performance Standards Ordinance.
Six (6) copies of the analysis shall be submitted
with all conditional use applications.
~: Failure to submit traffic impact analysis in the manner
described above may delay approval of the site plan application.
xx
26.
27.
xx
29. In addition to the above requirements, the following
items shall be submitted to the Planning Department llQ
later than the site plan deadline:
a. One copy of colored elevations for all buildings
and signage to be constructed on site. These
elevations must be must be of all sides of each
type of building and signage proposed and the
colors proposed must be accompanied by a numerical
code from an established chart of colors.
Elevations must also include information related
to building materials. All elevations must be
submitted on 24" x 36" drawings. Buildings
constructed will be inspected on the basis of the
elevations submitted to the City and approved by
the City Commission. Failure to construct
buildings consistent with elevations submitted
will result in the Certificate of Occupancy being
withheld.
b. A transparency of the site plan (maximum size of
6-1/2" x 11"). At the discretion of the
applicant, the Planning Department will prepare
transparencies from the site plan document.
However, the Planning Department will not be
responsible for poor quality transparencies which
result from the submission of poor quality site
plan blueprints, and poor quality transparencies
will not be presented to the Planning and
Development Board or City Commission.
c. Colored photographs of surrounding buildings
(minimum size 6" x lO") .
~--~-----~
10
IV. SITE DATA
The following information must be filled out below and must
appear, where applicable, on all copies of the site plan.
1.
Land Use Cate~orv shown in
the Comprehensive Plan
Office/Commercial
2. Zonina District Existing - PCD, Proposed - C-1 Office/Professional
3.50
152,561.6
sq. ft.
3.
Area of Site
acres
4. Land Use -- Acreage Breakdown
a.
b.
c.
d.
e.
f.
g.
h.
Residential, including N/A acres N/A % of site
surrounding lot area or
grounds
Recreation Areas * n/a.
(excluding water area) acres % of site
n/a of
Water Area acres % site
Commercial 3.50 acres 100 % of site
Industrial N/A acres N/A % of site
Public/Institutional N/A acres N/A % of site
Public, Private, and
Canal Rights-of-Way n/a acres % of site
Other (specify) n/a acres % of site
i.
Other (specify)
nta
% of site
acres
j.
Total area of Site
3.50
% of site
acres
100
* Including open space suitable for outdoor recreation, and
having a minimum dimension of 50 ft. by 50 ft.
5. Surface Cover
a.
b.
c.
Ground Floor Building 43,200
Area ("building footprint")
Water Area
sq. ft.
n/a
sq. ft.
Other Impervious Areas, including
paved area of public & private
streets, pave area of parking lots
& driveways (excluding landscaped areas)
and sidewalks, patios, decks, and
athletic courts. 25,147 sq. ft.
28.3
n/a
11
% of site
% of site
16.5 % of site
d.
% of site
e.
f.
g.
Total Impervious Area
68,347
sq. ft.
Landscaped Area Inside of
Parking Lots (20 sw. ft.
per interior parking space
required--see Sec. 7.5-35(g)
of Landscape Code n{a
sq. ft.
Other Landscaped Areas,
excluding Water Area 76,617
sq. ft.
Other Pervious Areas,
including Golf Courses,
Natural Areas, Yards, and
Swales, but excluding
Water Areas 7,597
h.
Total Pervious Areas
i.
Total Area of Site
6 . Floor Area
Residential
a.
b.
Commercial/Office
Industrial/Warehouse
sq. ft.
44.8
o % of site
50.2 % of site
5.0 % of site
sq. ft. 55.2
sq. ft. 100
84,214
152,561
86,400
sq. ft.
sq. ft.
sq. ft.
sq. ft.
% of site
% of site
c.
d.
Recreational
e.
Publici
Institutional
f.
Other (specify)
g.
Other (specify)
sq. ft.
sq. ft.
sq. ft.
12
h. Total Floor Aea
86,400
sq. ft.
7.
Number of Residential Dwellina Units
a. Single-Family Detached N/A dwelling units
b. Duplex N/A dwelling units
c. Multi-family (3 + attached dwelling units
(1) Efficiency N/A dwelling units
(2 ) 1 Bedroom N/A
(3 ) 2 Bedroom N/A
(4) 3+ Bedroom N/A
d. Total Multi-Family N/A
dwelling units
dwelling units
dwelling units
dwelling units
N/A
e.
Total Number of Dwelling Units
N/A
8.
Gross Density
Dwelling Units per Acre
9 .
Maximum Hei9'ht of Structures on Site
feet
stories
10. Required Off-Street Parkina
a. Calculation of Required
Number of Off-Street
Parking Spaces
b.
off-Street Parking Spaces
Provided on Site Plan
15 spaces
22 spaces
1 space/75 storage bays @
750 bays E 10 spaces
1 space/300 square feet of office @
900 square feet = 3 spaces
2 security spaces
12A
CONDITIONAL USE APPROVAL - STANDARDS FOR EVALUATION
In evaluating an application for conditional use, the board and commission shall consider the
effect of the proposed use on the general health, safety and welfare of the community.
Provide written comments certifying that satisfactory provision has been made concerning the
following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with
particular reference to automobile and pedestrian safety and convenience, traffic
flow and control, and access in case of fire or catastrophe.
2. Off-street parking and loading areas where required, with particular attention to the
items in subsection 0.1. above, and the economic, glare, noise, and odor effects
the conditional use will have on adjacent and nearby properties, and the city as a
whole.
3. Refuse and service areas, with particular reference to the items in subsection 0.1.
and 0.2. above.
4. Utilities, with reference to locations, availability, and compatibility.
5. Screening, buffering and landscaping with reference to type, dimensions, and
character.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety,
economic effect, and compatibility and harmony with adjacent and nearby
properties.
7. Required setbacks and other open spaces.
8. General compatibility with adjacent properties, and other property in the zoning
district.
9. Height of buildings and structures, with reference to compatibility and harmony to
adjacent and nearby properties, and the city as a whole.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
11. Conformance to the standards and requirements which apply to site plans, as set
forth in Chapter 4 of the City of Boynton Beach land Development Regulations.
12. Compliance with, and abatement of nuisances and hazards in accordance with the
performance standards, Section 4.N of Chapter 2; also, conformance to the City of
Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton
Beach Code of Ordinances.
13
RIDER TO SITE PLAN APPLICATION
:he undersigned as applican~ for Final Site Plan Approval does hereby
acknowledge, represent and agree tha~ all plans, specifications,
=rawings, engineering, and other data submitted with this application
:Or review by the City of Boynton Beach shall be reviewed by the various
boards, commissions, staff personnel and other parties designated,
appointed or employed by the City of Boynton Beach, and any such party
reviewing the same shall rely upon the accuracy thereof, and any change
in any item submitted shall be deemed material and substantial.
The undersigned hereby agrees that all plans, specificati:ms,
drawings, engineering and other data which may be approved by ~he City
of Boynton Beach, or its boards, commissions, staff or designees shall
be constructed in strict compliance with the form in which they are
approved, and any change to the same shall be deemed material and shall
place the applicant in violation of this application and all approvals
and permits which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights
and remedies as provided for by the applicable codes and ordinances of
the City of Boynton Beach to bring any violation into compliance, and
the applicant shall indemnify, reimburse and save the City of Boynton
Beach harmless from any cost, expense, claim, liability or any action
which may arise due to their enforcement of the same.
READ, ACKNOWLEDGED AND AGREED TO this
19th
day of February
, 19 99 .
CLV
Kieran J.Kilday/
Kilday & Associates
~~
Witn~rlu/.,a
Witn
App
--- -~-_.,----~---_._-~-
14
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
BOARD OF ZONING APPEALS VARIANCE
All applications received by the City of Boynton Beach after August 1,
1985 shall be accompanied by mailing labels with the names and addresses
of all property owners within four hundred (400) feet of the Subject
property. Applications will not be accepted without these mailing
labels.
CONTACT --
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
1.5
A F F I D A V I T
STATE OF FLORIDA
COUNTY OF PALM BEACH
ss.
BEFORE ME THIS DAY PERSONALLY APPEARED LindRey A. Walter
, WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property Owners List is. to the best of
his knowledge, a complete and accurate list of all property
owners, mailing addresses and legal descriptions as recorded
in the latest official tax rolls in the County Courthouse for
all property with Four Hundred (400) feet of the below
described parcel of land.
The property in question is legally described as follows:
SEE ATTACHED EXHIBIT "A"
FURTHER AFFIANT SAYETH NOT.
~ t?J~
~gnature)
Lindsey A. Walter
Sworn to and subscribed before me this 22nrl day of
( r
Notary P
State of
A.D.. 1.9 99
c Patricia Y. Lentini
orida at Large
My Commission Expires:
OFF!ClAl NOTARY SEAL
o...r-fI,V Puo<. PATRICIA Y LENTINI
~ ~ t. COMflI..oN NUMBER
~ ~ CCeeSe22
~A' ~ 111'/ COMMIUIONIlXPIfIE8
" OF'~ c!f AUO. 18.2001
16
NOTICE TO APPLICANTS FOR APPROVAL OF LAND
DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land
development orders and permits which are submitted on or after June 1,
1990 will be subject to the City's Concurrency Management Ordinance,
and cannot be approved unless public facilities (potable water,
sanitary sewer, drainage, solid waste, recreation, park, and road
facilities) would be available to serve the project, consistent with
the levels of service which are adopted in the City's Comprehensive
Plan:
Building permit applications for the construction of improvements
which, in and by themselves, would create demand for pUblic
facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed
above, which would increase the demand for any public facility.
Any other application which, in and by itself, would establish
the density or intensity of use of land, or a maximum density or
intensity of use of land.
*
Applications for development orders and permits submitted after
February 1, 1990 and which generate more than 500 net vehicle
trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that
ordinance.
- --_._-~~--~-----
17
Please be advised, however, that the following applications will be
exemot from the Concurrency Management Ordinance, pending final
approval of this ordinance by the City Commission:
Applications for the development of property which was platted on
or after January 13, 1978 and either the final plat or the
preliminary plat and Palm Beach County Health Department permit
applications were submitted or approved prior to June 1, 1990,
and the use of the property is consistent with the general use
which was intended for the property at the time of platting.
Applications for the development of property which was platted
prior to January 13, 1978, the area of the platted lots does not
exceed 2 acres, and the proposed use would not generate more than
500 net vehicle trips per day.
Applications for building permit, if a site plan or conditional
use application was submitted prior to June 1, 1990 and
subsequently approved and the site plan or conditional use has
not expired.
Applications for the development of property within an approved
Development of Regional Impact, and which are consistent with the
approved DRI.
Applications for approval of final plats, if the preliminary plat
~ application for Palm Beach county Health Department permits
for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development
orders or permits, which do not increase the demand for any
public facility.
Please be advised that these exemption rules are tentative and will be
subject to final approval by the City Commission. If you have any
questions concerning the proposed Boynton Beach Concurrency Management
Ordinanc~, please contact the Boynton Beach Planning Department at
(561) 375-6260.
S,\FLANNING\SHARBD\WP\FORMS\APFS\COUS\COUSAPF.WPD
April, 19 97
PARTNERSHIP AGREEMENT
'l'HIS AGkEEMEN'l', executed in the Town of Palm Beach, Florida,
to be effective as of theS;eI- day of ~,,~ ' 19 f.s-; between
HERBERT BROCK, ANDREW BROCK, PETER BROCK, and WILLIAM S. GRAHAM
(herein referred to as ("Partners"):
WIT N E SSE T H :
The Partners desire to form a General Partnership for the purpose of
owning and operating real property situated in Palm Beach County,
Flori da, to-wi t:
9
, .
30.
Any other engineering,and/or ~eChnical data, as may ~e
required by the Techn~ca~ ~ev~ew committee to determ~ne
compliance with the prov~s~ons of the City's Code of
Ordinances.
Any of the above requirements may be ,waived ~y t~e
Technical Review Committee, if such ~n~ormat~on ~s
deemed to be non-essential by the Comm~ttee.
ARTICLE 5 - CAPITAL ACCOUNTS
5.01 The Partners shall have made contributions to the capital
accounts of the Partnership as reflected on the books of the partnership.
5.02 If, at any time or times hereafter, capital shall be
required for carrying on the business, such capital shall be advanced by
the Partners in the same percentage as their interest in the partnership
shall stand from time to time.
5.03 No interest shall be paid on any contributions of capital to
the Partnership, except as may be hereinafter specified.
5.04 No Partner shall withdraw any part of the capital from the
Partnership without the consent of all the partners.
5.05 No Partner shall have the right to damand or receive
property other than cash in return for his capital contribution.
5.06 If at any time the Partners shall determine that, in order
to protect or preserve real estate, additional funds are needed to meet the
requirements of the Partnership, then any Partner may (but shall not be
obligated tol advance such funds to the Partnership as a loan, provided
that the remaining Partners approve each such loan. Each such loan shall
bear simple interest, until repaid, at the rate per annum that is made
available to the Partnership by local financial institutions as determined
by the concurrence of sixty percent (60%) of the Partners entitled to vote.
ARTICLE 6 - PROFITS AND LOSSES, SALARIES AND DRAWINGS
6.01 The profits and losses of the Partnership shall be
determined for each "fiscal year" (which shall be the calendar) of the
Partnership in accordance with the accrual or cash basis method of
accounting, as determined by the Partners, and otherwise in accordance with
the principles and procedures applied for federal income tax purposes.
"Profits" and "Losses" as used herein include each item of partnership
income, gain, loss, deduction and credit.
6.02 The Partners shall, except as may be, from time to time,
agreed to the contrary by the Partners, share profits and losses in the
same percentage as their interest in the Partnership stands from time to
time. The Partners shall have the following interest in the Partnership:
PARTNER
INTEREST
HERBERT eROCK
ANDREW BROCK
PETER BROCK
WII,LIAM S. GRAHAM
40.5%
40.5%
9%
10%
2
6.03 No Partner shall receive salary for services rendered to the
partnership, except as may be agreed upon by the Partnership from time to
time.
6.04 The Partners shall have such drawing and expense accounts as
may be agreed upon by the Partnership from time to time.
6.05 The cash flow from Partnership operations (except for such
reserves as the Partnership may determine from time to time to be necessar}
for retention by the partnership to carryon its business) shall be dis-
tributed by the Partnership at such intervals as deemed advisable. For
purposes of this Agreement, .cash flow. means all cash received by the
partnership from any source (including Paetnership borrowings, subject to
the provisions in the preceding sentence, and the net proceeds from any
refinancing or sale of the Partnership assets), less cash expended for
debts and expenses of the Partnership, normal contract payments, lease pay-
ments, eeasonable reserves and other expenses incident to the business of
the Partnership), principal payments on any Partnership indebtedness in any
capital expendidtures of the partnership: Such cash flow shall be dis-
tributed in accordance with the following priorities:
(a) All Partners' loans <including inteeest thereon)
referred to in Section 5.06 shall be repaid in full, unless
otherwise agreed to by such respective lender.
(b) Any r7maining cash flow shall be distributed to
the Partners in repayment of their capital contributions, in
the same proportions as their respective capital contributions
bear to the total capital contributions of all of the Partners.
(c) Any remaining cash flow shall be distributed to
the Partners in the same percentage as their respective inter-
ests in the Partnership shall stand feom time to time.
ARTICLE 7 - VOTING, MANAGEMENT, DUTIES AND RESTRICTIONS
7.01 Each Partner shall be entitled to vote his respective
peecentage interest, from time to time. Unless otherwise stated
herein specifically to the contrary, the Agreement, vote or consent of
the Partnership as herein required shall consist of concurrence of the
Partners owning sixty (60%) percent of interests in the partnership
which shall be binding on all the Partners and shall constitute the
acts of the Partnership.
3
7.02 Unless otherwise stated herein specifically to the contrary,
the right to manage and conduct all of the business of the Partnership,
including, but not limited to the development, construction, management,
leasing and mortgaging of the Real Estate and in general the right to
borrow money on behalf of the partnership, shall be vested in the Partners.
7.03 Each Partner shall devote so much of his time and attention
to the business of the Partnership as is necessary for the Partnership
business.
7.04 The Partners and any member of the families of any of them,
and any other person or firm to which any of them is related or in which
any of them is interested, herein referred to as Affiliates, may engage in
or possess any interest in other business ventures of any kind, indepen-
pently or with others, including, but not limited to, the purchase,
development, construction, lease, sale of other real property, other than
that which is involved in this Agreement, for their own account or for the
account of others. The fact that a Partner or any such Affiliate may
encounter and take advantage of opportuni~ies to do any of the foregoing
themselves or on behalf of others in whom they mayor may not have an
interest, shall not SUbject such Partner or Affiliate to any liability to
the Partnership or any of the Partners on account of the loss of
opportunity. Neither the partnership nor any Partner shall have any right
by virtue of this Agreement or the Partnership relationship created hereby
in or to such ventures or activities or to the income or profits derived
therefrom, and the pursuit of such ventures shall not be deemed wrongful or
improper.
7.05 The Partnership shall indemnify and hold harmless the
Partners from any loss, damage, fine, penalty, expense <including
attorney's fees>, judgment, or amount paid in settlement incurred by the
Partners because of any act performed on behalf of the Partnership or in
furtherance of its interests. This shall not relieve a Partner of
liability for fraud, bad faith or gross negligence; nor shall there be any
indemnification, as herein provided, in the event that a Partner shall be
adjudged to have breached his fiduciary duty to the Partnership.
7.06 No Partner shall, in the Partnership name or on behalf of the
PartnerShip, without prior written consent of the Partnership first
obtained:
4
-~---
---~~----~---
(al ~ndorse any note or otherwise become surety or
guarantor (or any person or act as an accommodation party [or
any person.
(b) Borrow or lend money or make, deliver or accept
any commercial paper.
(cl Execute any mortgage, security agreement, bond,
or lease, or purchase, or contract to purchase, or sell or
contract to sell any property for or of the Partnership other
than the type of property leased, bought and/or sold in the
regular course of its business.
If any Partner shall take any action prohibited by
this section, he shall indemnify and hold harmless the other
Partners against any liability the others shall incur by
reason of the prohibited action.
7.07 In the event that the partnership borrows money from
a lending institution which requires that the Partners individually
execute the Mortgage, Note or other security instrument, each Part-
ner shall immediately sign said Mortgage, Note or other security as
so requested.
7.08 The Partnership may nominate others to hold Partnership
assets on its behalf.
ARTICLE 8 - BANK ACCOUNTS
8.01 The Partnership shall maintain Checking or other accounts in
such bank or banks as the Partnership shall determine. Withdrawals shall
be made on the signature of any of the Partners, and any other person, as
may be designated in writing from time to time by the PartnerShip.
ARTICLE 9 - BOOKS AND RECORDS
9.01 The books and records of the Partnership shall be maintained
at the principal office of the Partnership and each Partner shall have
access thereto at all times. Audits shall be made as determined to be
necessary by the Partnership, and each Partner shall be furnished a copy of
the audit report, if any, within thirty (30) days after its completion.
ARTICLE 10 - ADDITIONAL PARTNERS
10.01 With the consent of all of the Partners, additional persons
may be admitted as Partners upon each such additional person making, or
agreeing to make, such contributions to the capital of the Partnership as
shall be determined by the partnership.
S
ARTICLE 11 - ASSIGNMENT AND TRANSFER
11.01 Each Partner agrees that, except as may be approved, from
time to time by the other Partners, he shall not transfer, assign, sell,
pledge, hypothecate, or otherwise encumber, or dispose of his share of the
Partnership or asset of the Partnership or any part thereof, or any right,
title or interest therein, currently owned or hereafter acquired by him,
except (i) to another then existing Partner; or (ii) pursuant to a BONA
FlOE OFFER made by or to a party who is not then a Partner (hereinafter
referred to as an "OUTSIDER"); and (iii) in accordance with the require-
ments hereinafter set forth:
(a) in the event that any Partner (hereinafter referred to
as the "SELLING PARTNER") shall at any time desire to sell or
otherwise transfer all or any part of his interest to an ou'rSIDER in
accordance with the requirement set forth in section 11.01
subparagraphs (ii) and (iii) above, then, in that event, the SELLING
PARTNER shall be required, before selling or otherwise transferring
his interest, or any part thereof, to such OUTSIDER, to first offer in
writing (the "MANDATORY OFFER") to sell or transfer that interest, or
any part thereof, to the remaining Partners (hereinafter referred to
as the "NON-SELLING PARTNERS") for the same price (or, in the event
that non-monetary consideration is to be given, then at the option of
each of the NON-'SELLING PARTNERS wi th respect to the interest to be
purchased by him, for the cash equivalent thereof [also hereinafter
referred to as the "price"]) and upon the same terms and conditions as
contained in the said BONA FIDE OFFER. The SELLING PARTNER shall
attach to said MANDATORY OFFER a true and complete copy of the BONA
FIDE OFFER and a written statement containing the name and address of
the proposed OUTSIDER transferee and all terms and conditions of the
proposed transaction.
(b) Each of the NON-SELLING PARTNERS shall have, and is
hereby granted, the absolute right to purchase his respective
"proportionate share" (as said term is hereinfater defined) of
all, but not less than all, of the interest offered by the
SELLING PARTNER, as contained in the BONA FIDE OFFER; PROVIDED
HOWEVER, that written notice of such NON-SELLING PARTNER'S
6
intention to exercise such absolute right shall have been given
to the SELLING PARTNER within thirty (30) days following service
of the MANDATORY OPPER upon such NON-SELLING PARTNER.
(c) In the event that any NON-SELLING PAR'rNI::R fails to
affirmatively exercise the absolute right granted to him in
subparagraph (b) above, then the other NON-SELLING PARTNER(S)
shall have, and are hereby granted, the absolute right to
purchase all, but not less than all, of the remaining interest of
the SELLING PARTNER, upon the same terms and conditions and for
the same price as contained in the BONA FIDE OFPER; PROVIDED,
HOWEVER, that written notice of such ~ON-SELLING PARTNER'S
intention to exercise said absolute right shall have been given
by such NON-SELLING PARTNER to the SELLING PARTNER within fifteen
(15) days following the expiration of the thirty (30) day period
referred to in paragraph (b) above.
(d) In the event that none of the NON-SELLING PARTNERS
exercise the absolute right granted 'to them in subparagraph (b)
above, then the SELLING PARTNER shall be entitled, during the
four (4) month period immediately fOllowing the expiration of
such forty-five (45) day period, to sell or otherwise transfer
his interest to the OUTSIDER. Such sale of his interest,
however, shall be made only upon the terms and conditions set
forth in the BONA FIDE OFFER and only to the OUTSIDER identified
in the MANDATORY OFFER.
(e) In the event that the NON-SELLING PARTNER(S) elects
to exercise their right under subparagraph (b) and, if
applicable, subparagraph (c) above and so notifies the SELLING
PARTNER within the time periods set forth therein, then in such
event, the closing of such sale or transfer shall take place at
the office of the Partnership at 10:00 a.m. on the later of: (i)
the closing date set forth in the MANDATORY OFFER, or (ii) the
thirtieth (30th) day following service upon the SELLING PARTNER
of such NON-SELLING PARTNER'S notice of intention to exercise his
absolute right under subparagraph (b) and, if applicable,
subparagraph (c) above.
7
-~~- ~-~---~---
(fl At the closing, the SELLING PARTNER shall deliver to
the NON-SELLING PARTNER(Sl an assignment of the interest to be
sold or transferred together with such other documents reasonably
necessary to consummate the transaction.
The NON-SELLING PARTNER(Sl shall thereupon tender
the purchase price or other consideration payable by him (them)
to the SELLING PARTNER in accordance with subparagraph (b) and,
if applicable, subparagraph (cl above.
(g) As used herein, a NON-SELLING PARTNER'S "propor-
tionate share" of the interest being offered by the SELLING
PARTNER shall be that portion of the offered interest computed
by multiplying (il such offered interest, by (ii) a fraction,
the numerator of which shall be the interest of the Partnership
owned by such NON-SELLING PARTNER and the denominator
of which shall be the combined interest in the Partnership owned
by all NON-SELLING PARTNERS.
(h) Any purported transfer or disposition of an interest
in violation of the terms of this paragraph shall constitute a
breach of this Agreement and shall be void and as such shall be
neither recognized nor given any effect by the Partnership.
(il The transfer by a Partner of his interest in
accordance with the provisions hereof, shall have no effect upon
the continuation of the Partnership business. The Remaining
Partners shall have the right to continue to use the Partnership
name as set forth herein.
(jl No Partner may have or maintain an action for
partition of any of the property of the Partnership and that such
waiver of right is hereby declared to be irrevocable. The
interests of the Partners herein is personalty.
(kl The transferee of any Partner's interest in the
Partnership in accordance with the provisions hereof, shall be
subject to all the terms, conditions, restrictions, and obliga-
tions of this Agreeement, including the provisions of this
Article.
ARTICLE 12 - DEATH
12.01 Upon the death of any Partner, the Partnership shall be
dissolved in accordance with F. S. Chapter 620 (1980). However, the
8
------ ---~ -- --~---
surviving Partners may elect to continue the partnership and, if so,
shall have the right to purchase the entire interest of the decedent
in the Partnership from the successor owner of the interest of a
decedent Partner in which event the Partnership shall continue.
(a) The Partner(s) shall have the absolute right to
purchase the interest of the decedent in accordance with the
provisions of subparagraphs (d) and (e) hereof by notifying the
Personal Representative of the Decedent. Said notice shall be
sent by certified mail within sixty (60) days following the
establishment of the value in accordance with the provisions of
Article 12.01(d) (with a copy to the partnership). The purchase
price and method of payment shall be as determined in subpara-
graph (d) hereof. Failure to notify shall be deemed to be an
election not to purchase such interest.
(b) In the event that the Surviving Partners shall elect
not to purchase such interest, they shall so notify the aforesaid
appropriate party, as well as the partnership, within thirty (30)
days from the date of the election set forth in Article 12.01(a)
above.
(c) Each notice of acceptance by a Surviving Partner
shall specify the amount of his or her "proportionate share"
which such Survivi~g Partner intends to purchase. In the event
that a Surviving Partner shall elect not to acquire all of his or
her proportionate share, then and in that event the partnership
shall so notify the other Surviving Partners who did give timely
notice, who shall have ten (10) days from receipt of such notice
to notify the representative of the decedent and the Partnership
of his or her acceptance to purchase all or a portion of the
balance of such proportionate share. For the purposes of this
subparagraph, a Surviving Partner's "proportionate share" of the
interest to be purchased from the deceased Partner shall be
determined in the same manner as provided in section 11.01
hereof. A Surviving Partner shall waive his right to purchase,
as hereinabove described, if he fails to provide the
aforedescribed timely notice.
(d) In the event that the Surviving Partners have
elected to purchase the entire interest of the deceased Partner,
9
a purchase price lunless voluntary a~reement can be reached by
the parties) shall be the value as finally determined for Federal
Estate Tax purposes.
Ie) A closing shall take place one hundred eighty
(180)days after the value is determined unless otherwise agreed
upon by the parties. Any closing costs shall be split equally by
the purchasing parties and a selling party. A purchase price
shall be paid as follows: twenty percent (20%) at closing by
cash, cashier's check, certified cheCK or bank check; the balance
by a promissory note bearing interest at Chase Manhattan prime in
a form commonly used in Palm Beach County providing: Ca) no
prepayment penalty, Ib) interest payable quarterly, and (c)
principal payable in equal semi-annual installments. Such
installments of principal shall be pald as follows: (a) if the
principal amount of the Note is less than $200,000.00, then it
shall be paid in eight (8) equal semi-annual installments; Ib) if
the principal amount of the Note is~less than $400,000.00, then
it shall be paid in sixteen (16) semi-annual installments; lc) if
the principal amount of the Note is $400,000.00 or more. then it
shall be paid in twenty (20) equal semi-annual installments; Id)
the note shall be secured by assets satisfactory to Seller or an
irrevocable letter of credit.
In the event that the Partnership has purchased life
insurance on the decedent for the purposes of funding this
"buy-out" in an amount equal to or greater than the percentage of
the purchase price to be paid at closing, then the cash due at
closing shall be the net proceeds therefrom, payable upon receipt
by the Partnership and allocated to the purchasing Partners, as
appropriate, the balance, if any, by promissory note as herein-
above described. If the proceeds from life insurance are less
than said percentage, it shall be applied against the cash
required at closing. The parties may modify this payment
schedule upon mutual agreement.
If) If the surviving Partners did not elect to purchase
the entire interest of the decedent, then the surviving Partners
shall either: Ii) proceed with reasonable promptness to liquidate
the assets of the Partnership or Iii) continue the business of
10
the Partnership as herein set forth with the estate (and
ultimately the distributees of the estate) of the deceased
Partner according to said Partnership interest. Unless waived,
the surviving Partners and estate of the deceased Partner shall
share in the profits and losses of the business during the period
of liquidation in the same proportions in which they shared such
profits and losses prior to the death of the deceased Partner,
except that the estate of the decedent shall not be liable for
losses in excess of the decedent's interest in the partnership at
the time of his death.
ARTICLE 13 - DISSOLUTION
13.01
The Partnership may be dissolved at any time upon the
vote of the Partners owning sixty percent (60%) of the interests of
the parties.
Upon any voluntary dissolution, the Partnership shall
immediately commence to wind up its affairs. The Partners shall
continue to share profits and losses dur~na the period of liquidation
in the same proportions as before dissolution. The proceeds from
liquidation of Partnership assets shall be distributed in the manner
prescribed in section 620.745 of the Florida Statutes (1981).
13.02 If any of the following events shall occur:
(a) If'any Partner shall be the subject of a voluntary
or involuntary petition (which remains undismissed sixty (60)
days after its filing) in bankruptcy or shall be adjudicated a
bankrupt or insolvent, or shall admit insolvency or file any
petition or answer seeking any organization, arrangement,
composition, readjustment, liquidation, dissolution or similar
relief for himself under the present or any future federal
bankruptcy act or any other present or future applicadble
federal, state or other statute or law relative to bankruptcy,
insolvency or other relief for debtors or shall seek consent to
or acquiese in the appointment of any trustee, receiver,
conservator or liquidator of said Partner or of all or any
substantial part of his properties or his interest in the
Partnership (the term "acquiesce" includes but is not limited to
the failure to file a petition or motion to vacate or discharge
any order, judgment or decree providinQ for such appointment
11
within ten (10) days after the appointment); or
(b) If any Partner shall maKe an assignment for the
benefit of creditors or take any other similar action for the
protection or benefit of creditors;
(c) In the event of the occurrence of an event set forth
in Section 620.71(3) and (5) and (6)_
If such dissolution is caused by a Partner doing or suffering
any of the acts set forth above, or by violating this Agreement
or by conducting himself or becoming incapacitated as described
in F.S. 620.715(1)(a)(b)(c) and (d), then such Partner shall be
deemed to have caused the dissolution wrongfully and the
remaining Partners shall have all rights provided to them in F.S.
620.745 or, in the alternative, may cause the liquidation of the
Partnership assets.
13.03 In the event of the occurrence of an event specified in
section 13.01 or 13.02 above, any gain or loss on disposition of
Partnership properties in the process of-liquidation shall be credited
or charged to the Partners in the proportion of their interests in the
Partnership. Any property distributed in kind in the liquidation
shall be valued and treated as though the property were sold and the
cash proceeds were distributed. The difference between the value of
property distributed in kind and its book value shall be treated as a
gain or loss on sale of the property and shall be credited or charged
to the Partners in the proportions of their interest in the Partner-
ship.
ARTICLE 14 - DEFAULT
14.01 In the event any Partner fails to make any payment
required by the provisions hereof, within ten (10) working days after
the same becomes due and payable by such Partner, then such Partner
shall be deemed to have defaulted in the performance of his Obliga-
tions under this Agreement (hereinafter referredd to as "DEFAULTING
PARTNER'), and all of the interest of such DEFAULTING PARTNER shall
thereupon become a "Defaulted Interest" and shall be subject to dis-
position as hereinafter provided. The date said payment was origin-
ally due shall be called the "Defaulted Date". While in default, a
Defaulting Partner shall have no right to vote or otherwise direct
Or control the activities of the partnershir-.
12
Witnin ten (10) days after the D0fault Date, each of the
NON-DEFAULTING PARTNER or PARTNERS shall by written notice to the
partnership, signify his willingness to pay his pro rata share of the
required payment owed by the Defaulting Partner. If no notice is
received within such period of time, such NON-DEFAULTING PARTNER shall
be deemed to have refused to pay his prorata share of the requir~d
~ayment owed by the Defaulting Partner and the options available in
this Article will not be available to such NON-DEFAULTING PARTNER.
'l"he NON-DEFAULTING PAR'rNER(S), who have slgnified by a timely writing,
their willingness to pay such required payment owed by the Defaulting
Partner shall forthwith pay over to the Partnership his pro rata share
of the amount owed. Upon payment to the partnership of such pro rata
share such NON-DEFAULTING PARTNER or PARTNERS shall thereafter require
tne following rights in and to such Defaulted Interest:
(a) A lien upon such Defaulted Interest for the pro rata
amount so paid, plus interest thereon at the highest rate
permitted by law. The DEFAULTING PARTNER shall have the period
of time hereinafter stated from the Default Date to pay to the
Partnership the amount owed by the DEFAUL'rI NG PARTNER, pI us
interest and all charges by the Partnership incurred on account
of such default. If so paid, the Partnership shall remit to the
NON-DEFAULTING PAR:NER(S) advancing such monies, the sums due.
(b) Should the default not be cured in full within
thirty (30) days from the Default Date, the NON-DEFAULTING
PARTNER or PARTNERS shall have the right and option to purchase
their pro rata share of the Defaulted Interest pursuant to the
remaining provisions of this Raticle.
(c) The NON-DEFAULTING PARTNER or PARTNERS desiring to
purchase the interest of a Defaulting Partner shall, within sixty
(60) days from the expiration of the curative periOd, purchase
the interest of the DEFAULTING PARTNER for a purchase price of
one hundred percent (100%) of the book value of the DEf'AUL'rING
PARTNER'S interest less the amount of the default.
(d) The NON-DEFAULTING PARTNER(S) are authorized and
directed to issue an assignment covering any Defaulted Interest
in the event the DEFAULTING PARTNER, as seller thereof, fails or
refuses to execute a proper assignment. Each Partner does
13
hereby irrevocably appoint the then NON-DEFAULTING PARTNERIS) as
his lawful agent and attorney-in-fact coupled with an interest
for valuable consideration to execute such assignment.
14.02 The purchase price to be paid by the PURCHASING
PARTNEH.IS) who purchase a DEFAULTING PARTNER'S interest in accordance
with the provisions of Article 14 shall be paid in the following'
manner:
(a) The PURCHASING PARTNERS shall take subject to the
DEFAULTING PARTNER'S pro rata allocation of any mortgage
indebtedness encumbering the property and the PURCHASING PARTNERS
shall be entitled to a credit therefor.
Ib) The PURCHASING PARTNERS will each deliver to the
DEFAUI,TING PARTNER, a fully executed unsecured promissory note
for his pro rata share of the balance, less credits and normal
proratable expenses, on a form commonly used in Palm Beach
County, Florida, providing for acceleration on thirty (30) days'
default, attorneys' fees, bearing interest at the rate of seven
percent 17%) per annum, and subject to the provisions of this
instrument, interest and principal payable in the number of equal
annual payments as hereinafter provided.
Ic) The Note shall be payable as follows:
Ii) "If the balance due to the DEFAULTING PARTNER
is less than $50,000.00, then the note shall provide for a
single payment at the end of one year.
Iii) If the balance due the DEFAULTING PARTNER is
between $50,000.00 and $100,000.00. then the note shall
provide for two (2) equal annual payments.
liii) If the balance due the DEFAULTING PARTNER is
greater than $100,000.00, then the note shall provide for
four (4) equal annual payments.
Id) The note may be prepaid in whole or in part at
any time without penalty.
14.03 The reamining Partners may, in the alternative to the
acquisition of a defaulted interest, cause the dissolution of the
Partnership. Such right shall also apply in any other material
default which is uncured after ten IIOl days notice herein.
14
ARTICLE 15 - AMENDMENTS
15.01 Any amendments to this Agreement shall be made in
writing and shall be attached to this original Agreement.
ARTICLE 16 - BINDING ON SUCCESSORS
16.01 This Agreement shall be binding upon and operate for
the benefit of the parties hereto and their heirs and legal representa-
~ives. It shall be binding upon any transferee who has received any
interest in the Partnership, and upon the heirs and legal representa-
tives of such transferee, and upon any person claiming any interest in
any of the Partnership pursuant to a purported transfer made in viola-
lion of the provisions of this Agreement. and upon the heirs, assigns
and legal representatives of such person.
ARTICLE 17 - MISCELLANEOUS
17.01 If any section, sub-section, sentence, clause, phrase
or portion of this Agreement is, for any reason. held invalid or uncon-
stitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portions hereof
which shall be enforced to the fullest extent permitted by law.
17.02 Except as otherwise provided herein, this Agreement
shall terminate and become null and void upon the dissolution or
liquidation of this partnership.
17.03 This Agreement shall be construed in accordance with the
laws of the State of Florida notwithstanding the residence or domicile
of any of the parties hereto now or in the future.
17.04 Any notice required by this Agreement shall be deemed to
have been served if sent registered or certified mail, addressed to
the party to whom such notice is intended to be given, at the address
set forth above or at such other address as each party shall have pre-
viously furnished, in writing. to the Partnership.
17.05 This instrument contains the entire Agreement of the
parties and may not be changed, modified or cancelled except by writ-
ten instrument, duly executed by all of said parties.
17.06 Captions or titles of paragraphs contained herein are
for convenience only, and neither limit or amplify the provisions of
the Agreement itself.
15
17.07 Any provisions in this Partnership Agreement may be
waived by unanimous vote of the Partners entitled to cast votes.
17.08 In the event that any Partner shall fail, neglect, or
refuse to comply with the provisions of this Agreement, then. in that
event, and so long as such default continues, such defaulting Partner
or transferee thereof in violation of the provisions hereof shall not
be entitled to vote at any meeting of the Partners and the holder of
such interest shall not be entitled to any distributions in respect of
his interest.
17.09 The parties agree that irreparable damage would be done
to the goodwill and reputation of the Partnership if any Partner
should bring an action in court to dissolve the Partnership except
where a material violation of this Agreement has occurred or as
provided for herein. Care has not been taken in this Agreement to
provide what the parties feel is fair and just payment in liquidation
of the interests of all Partners. Accordingly, each party hereby
waives and renounces his right to such a ~ourt decree of dissolution
or to seek the appointment by the court of a liquidator for the
Partnership.
17.10 Each of the parties acknowledges that the parties will
be irreparably damaged (and damages at law would be an inadequate
remedy) if this Agreement is not specifically enforced. Therefore, in
the event of a breach or threatened breach by any party of any pro-
vision of this Agreement. then the other party shall be entitled, in
addition to all other rights or remedies, to injunctions restraining
such breach, without being required to show any actual damage or to
post any bond or other security, and/or to a decree for specific per-
formance of the provisions of this Agreement.
17.11 If any legal action or other proceeding, including arbi-
tration. is brought for the enforcement of this Agreement, or because
of an alleged dispute. breach, default or misrepresentation in connec-
tion with any provisions of this Agreement, the successful or prevail-
ing party or parties shall be entitled to recover reasonable attor-
ney's fees and expenses. court costs and all expenses even if not
taxable as court costs (including, without limitation. attorney's fees
and expenses incident to any appeals). incurred in that action or
proceeding (plus interest on such aggregate amount at a rate per
16
annum equal to the maximum rate under applicable law), in addition to
any other relief to which such party or parties may be entitled.
17.12 No remedy herein conferred upon any party is intended to
be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party of
any right, power or remedy hereunder shall preclude any other or
further exercise hereof.
IN WITNESS WHEREOF, the parties hereto have executed the
foregoing Partnership Agreement as of the date first above written.
WI'rNESSES:
~LJ
, -,
1?,; 7 d /1
((-'~F J;L~
r--;k, ,h(l~
~BERT BROCK
/1 .~tL /J
~ -J,tC4fl.lT
, /;
r~,,~f'k (l~
AS 0 ANDREW BROCK
~~>; ---.,
. PETE;- B~~~
(SEAL)
As to PETER BROCK
~rz3
WILLIAMS. G~
(SEAL)
. '/ ,/
y 1 'if)
'/~~14litA " {tC~
.~ )J175C~
As 0 WILLIAM S. GRAHAM
STATE OF FLORIDA
SS
COUN'rY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
aCknowledgments, personally appeared HERBEH'r BROCK, well known to me
to be the person described in and who executed the foregoing
instrument,
and he acknowledged before me that he executed the same in the
presence of two subscribing witnesses freely and VOluntarily.
(SEAL)
and~iCial seal in the County and State
of ~'V' rJ? . 19?:J'.
(~~/f1~{7~
Notary Publ~C~a~q$te of Florida
My Gommisslon Expires:
17 Ibby PuM;,. Sf'~e of flOlid~-
My ~~n"lli\:,i!)~ b,J::c:; D~2C. 11. 1988,1
last
WITNESS my hand
aforesaid this ~ day
_._...._----~-~._..._-~--_.
STATIo O~' l"(,UKIDA
: SS
COUNT~ OF PALM BEACH
[ HEllIoBY Ct:Wl'lfY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
aCknowledgments, personally appeared ANDREW BKOCK, well known to me to
be the person described in and who executed the foregoing instrument,
and he acknowledged before me that he executed the same in the
presence of two subscribing witnesses freely and voluntarily.
WITNESS my hand and
aforesaid this .JJ,a/. day of
seal in the County and State last
, 19J"S-.
(SEAL)
~ .J1:!{!~~
Notary Public, State of Florida
At [,arge
My Commission Expires:
\ f"f.'
., .
S'rA'rE: OF nMI~' y )
COUNTY OF ~h~~~t&~S
Not~rv Pur;rie. St'"~~ of ::brida
A1y (cm,::;.Ei'::11 E::;.,;res Dec. 12, 19881
B"fld~ i I h,~ lrc'y r i1;n. I"o'",,~,,~, 'flC.
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared PETER BROCK, well known to me to
be the person described in and who executed the foregoing instrument,
and he acknowledged before me that he exetuted the same in the
presence of two subscribing witnesses freely and voluntarily.
WITNESS my hand and official seal in the County and State last
aforesi!id this -<-/"'" day of 1-JlU.I<.'<A}' ,19&:5:'.
Q{h (") t::JJt ~~
Notary Public, St
At Larg
My Commlssion Exp'res:
CONSTANCE GALLlN
N tary public State ot New yo,l-
o No '6D.~697555
Q all!\ed in 'Wes\cbOSler Couni~:s-
cgmm\SSiOn ExpIres March 30, 1
Flori da
(SEAL)
STATE OF FLORIDA
)
:SS
)
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared WILLIAM S. GHAHAM, well known to
me to be the person described in and who executed the foregoing
instrument, and he acknowledged before me that he executed the same in
the presence of two subscribing witnesses freely and voluntarily.
,
'<!iEALI
and ~al in the County and State
of ~ ,19f>j:
C?flf'~ {J~
Notary ublic, State of Florida
At Large
My Commission Expires:
Notary p"~ljc. Stal. of Rocid.
My Commi;,i>n Expire< Dec. 12, 1983
J:>"dod rh,~ fro., hiQ'lns"'.l'u,lllc.
last
WITNESS my hand
aforesaid this crt day
18
-------
AMENDMENT TO PURCHASE AND SALE AGREEMENT
THIS AMENDMENT TO PURCHASE AND 8m AGREEMENT ("Amendment") is
made effective the 23rd day of November, 1998, by and between KNUTH ROAD ASSOCIATES,
a Florida general partnership ("Seller''), and STOR-ALL PROPERTIES, INC., its nominees or
assigns ("Purchaser").
WITNESSETH:
WHEREAS, Seller and Purchaser entered into that certain Agreement for Purchase and Sale
last dated November 24, 1997, as amended by that certain Amendment thereto dated March 2, 1998,
for certain property situated in Palm Beach County, Florida (collectively, the "Agreement"); and
WHEREAS, Seller and Purchaser desire to modify the Agreement as set forth herein.
NOW, THEREFORE, for and in consideration of the sum ofTEN ($10.00) DOLLARS and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties, intending to be legally bound, do hereby agree as follows:
1 The recitations heretofore set forth are true and correct and are incorporated herein by this
reference,
2 Terms not otherwise defined herein shall have the same meaning as set forth in the
Agreement.
3 In the event of any conflict or ambiguity between the terms and provisions of this
Amendment and the terms and provisions of the Agreement, the terms and provisions of this
Amendment shall control to the extent of such conflict or ambiguity.
4 The "Closing" (as defined in the Agreement) shall be amended to be the sooner to occur of:
(x) June I, 1999; and (y) fifteen (IS) days following "final approval" of the "Conditions
Precedent" (as those terms are defined in the Agreement) set forth in Paragraphs 6(a) and
6(b) of the Agreement; provided. however: (i) Purchaser may elect a sooner Closing upon
at least ten (10) days notice to the Seller; and (ii) the Closing shall continue to be subject to
all of the following: (a) the Conditions Precedent set forth in Paragraphs 6(a), 6(b) and 6( d)
of the Agreement; (b) all of the representations and warranties of the Seller being true and
correct as of the Closing; and (c) the Seller not being in default of any of the Seller's
covenants and obligations under the Agreement. The Condition Precedent set forth in
Paragraph 6(c) of the Agreement is hereby deleted. Notwithstanding the revision of the
Closing, the date for proration of taxes shall be December I, 1998.
''rLI313871;S
November 30, 1"8
1
. .;-
5 The option of the Purchaser and Seller to terminate the Agreement based upon the failure
of the Conditions Precedent set forth in Paragraphs 6(a) and 6(b) of the Agreement is
amended from nine (9) months following the Execution Date and one (1) year following the
Execution Date, respectively, to June 1, 1999. j",. .... -
6 This Amendment may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same
instrument. This Amendment may be executed via telecopy.
7 The parties executing this Amendment warrant and represent to the other that they are duly
authorized to sign this Amendment and that this Amendment is binding and enforceable
against each of the respective parties without the joinder or consent of any other person or
entity.
8 Except as specifically modified hereby, the terms of the Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year
first above written.
Signed. sealed and delivered
in the presence of:
PURCHASER:
Name:
Title:
Date: November~, 1998
SELLER:
KNUTH ROAD ASSOCIATES
By:
Name:
Title: General Partner
Date: November _, 1998
F1'L:37l871t5
November 30, ~'98
2
AMENDMENT TO PURCHASE AND SALE AGREEMENT
THIS AMENDMENT TO PURCHASE AND SiQf! AGREEMENT ("Amendment") is
made effective the 23rd day of November, 1998, by and between KNlITH ROAD ASSOCIATES,
a Florida general partnership ("Seller"), and STOR-ALL PROPERTIES, INC., its nominees or
assigns ("Purchaser").
WITNESSETH:
WHEREAS, Seller and Purchaser entered into that certain Agreement for Purchase and Sale
last dated November 24, 1997, as amended by that certain Amendment thereto dated March 2, 1998,
for certain property situated in Palm Beach County, Florida (collectively, the "Agreement"); and
WHEREAS, Seller and Purchaser desire to modify the Agreement as set forth herein.
NOW, THEREFORE, for and in consideration of the sum ofTEN ($10.00) DOLLARS and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties, intending to be legally bound, do hereby agree as follows:
I The recitations heretofore set forth are true and correct and are incorporated herein by this
reference.
2 Terms not otherwise defined herein shall have the same meaning as set forth in the
Agreement.
3 In the event of any conflict or ambiguity between the terms and provisions of this
Amendment and the terms and provisions of the Agreement, the terms and provisions of this
Amendment shall control to the extent of such conflict or ambiguity.
4 The "Closing" (as defined in the Agreement) shall be amended to be the sooner to occur of:
(x) June I, 1999; and (y) fifteen (IS) days following "final approval" of the "Conditions
Precedent" (as those terms are defined in the Agreement) set forth in Paragraphs 6(a) and
6(b) of the Agreement; provided, however: (i) Purchaser may elect a sooner Closing upon
at least ten (10) days notice to the Seller; and (ii) the Closing shall continue to be subject to
all of the following: (a) the Conditions Precedent set forth in Paragraphs 6(a), 6(b) and 6( d)
of the Agreement; (b) all of the representations and warranties of the Seller being true and
correct as of the Closing; and (c) the Seller not being in default of any of the Seller's
covenants and obligations under the Agreement. The Condition Precedent set forth in
Paragraph 6(c) of the Agreement is hereby deleted. Notwithstanding the revision of the
Closing, the date for proration of taxes shall be December 1, 1998.
PTL.313871:5
November 30, 1998
I
5 The option of the Purchaser and Seller to terminate the Agreement based upon the failure
of the Conditions Precedent set forth in Paragraphs 6(a) and 6(b) of the Agreement is
amended from nine (9) months following the Execution Date and one (1) year following the
Execution Date, respectively, to June 1, 1999. :.,. .-'
6 This Amendment may be executed in one or mOM counterparts, each of which shall be
deemed to be an original, but aU of which together shall constitute one and the same
instroment. This Amendment may be executed via te1ecopy.
7 The parties executing this Amendment warrant and represent to the other that they are duly
authorized to sign this Amendment and that this Amendment is binding and enforceable
against each of the respective parties without the joinder or consent of any other person or
entity.
8 Except as specifically modified hereby, the terms of the Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year
first above written.
Signed, sealed and delivered
in the presence of:
PURCHASER:
Name:
Title:
Date: Novernber~, 1998
SELLER:
KNUTH ROAD ASSOCIATES
By:
Name:
Title: General Partner
Date: November -' 1998
FrL:313871c5
November 30. 199.
2
..-r~
AGREEMENT FOR PURCHASE AND SALE
TInS AGREEMENT FOR PURCHASE AND SALE ("Agreement") made and entered into
by and between KNUTH ROAD ASSOCIATES, a Florida general partnership ("Seller") and
STOR-ALL PROPERTIES, INC. ("Purchaser"). .
WITNESSETH:
WHEREAS, Seller is the owner in fee simple of that certain parcel of real property ("Land")
as more particularly descn'bed on Exhibit A attached hereto and made a part hereof and all
easements, interests and other rights, if any, which are appurtenant to the Land, including, but not
limited to, all right, title and interest, if any, of Seller in and to any land lying in the street, road,
avenue or other right-of-way in front of or joining the Land and all right, title and interest of Seller
in and to any awards made or to be made in lieu thereof. and in and to any unpaid awards for
damages to said real property by reason of change of grade of any street, road, avenue or other
right-of-way ("Subject Property"); and
WHEREAS, Purchaser is desirous of purchasing the Subject Property and developing the
Subject Property as a self-storage facility ("Contemplated Use") and Seller is desirous of selling the
Subject Property upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, for and in consideration ofTEN DOLLARS ($10) and other good and
valuable consideration, the receipt whereof is hereby acknowledged by each party hereto from the
other party hereto, and a hereinafter receipted deposit and in considerations of mutual covenants and
conditions and promises herein contained, the parties hereto do hereby agree as follows:
1) The foregoing recitations are true and correct and are incorporated herein by
reference.
2) Seller agrees to sell to Purchaser and Purchaser agrees to pUlChase from Seller, the
Subject Property, upon the terms and conditions herein set fQrth.
The purchase rice to be paid by Purchaser to Seller for the Subject Property shall
4) The PUlChase Price shall be paid as follows: >1/1
~4
-'i
a) Within two (2) business days following the "Execution Date" (as
hereinafter defined), PUlChaser shall deliver to Ruden, McClosky, Smith, Schuster &
Russell, P.A. Trust Account ("Escrow Agent") the sum ofTEN THOUSAND DOLLARS
1
l"'1'I.,2"1J6lh5
"_r 24, 1997
",.. . -_.. --...,.---
encroach upon Purchaser's proposed improvements; and (ill) taxes for the year of Closing; (iv)
zoning and governmental resolutions (e.g. setbac1cs, etc.), and (v) matters on Exhibit "B" hereto .
Seller covenants to execute such reasonable affidavits and undertakings reasonably
required by the Title Company to delete: (i) the Schedule B, Section I requirements in the
Commitment (except liens which may arise out of mechanic liens with whom Purchaser'has
contracted); (il) the standard printed exceptions in the Commitment for parties in possession and
unfiled liens which are customarily removable by such affidavits; and (iii) the gap exception.
6) Unless waived in whole or in part in writing by Purchaser (which Purchaser shall
have the right to do), this Agreement and Purchaser's obligations hereunder are subject to and
contingent upon each and all of the following (hereinafter sometimes collectively referred to as
the "Conditions Precedent" and singularly as a "Condition Precedent"):
a) Purchaser having obtained, by the Closing (as same may be extended
as contemplated hereunder), tinal approval of a site plan of the Subject Property by all
applicable governmental authorities which is acceptable to Purchaser (in Purchaser's sole
discretion) and consistent with, and which shall provide for, a self-storage facility of not less
than sixty thousand (60,000) square feet of gross tloor area ("Contemplated Use"). Purchaser
shall, in consultation with the Seller, promptly proceed and diligently attempt to obtain the
aforementioned approvals. All costs and expense with respect to obtaining such approvals
shall be borne by Purchaser. Seller covenants to use its best efforts to cause the joinder of
any mortgagee (although this reference shall not be deemed to mean that any such mortgage
IS a Pennitted Exception hereunder) in any such petitions and applications. As set forth in
this Paragraph 6, "tinal approval" shall mean fina1 approval with all time for further appeal
being expired, and with no appeal being then pending and no appeal instituted and no
petition filed.
b) That, at the time of the Closing contemplated hereby, the Subject
Property will have received final approval for zoning consistent with the Contemplated Use
and shall be consistent with the aforesaid site plan approval to be sought by Purchaser. In
conjunction with the foregoing, Purchaser shall, in cor;usultation with Seller, promptly
proceed and diligently pursue tinal approval for zoning of the Subject Property upon tenns
and conditions reasonably acceptable to the Purchaser. All costs of the foregoing zoning
llpproval shall be paid by the Purchaser.
In conjunction with the approvals contemplated by subparagraphs 6(a) and
6(b) hereof, Purchaser agrees to advise the Seller in advance of any meetings with governmental
authorities (including staff meetings) with respect to the Subject Property and pennit the Seller.to
be present at such meeting(s).
c) Purchaser shal1 have ninety (90) days from the "Execution Date" (as
hereinafter defined) ("Inspection Period") to conduct such investigations and make such tests
3
P!'1.:2'15I'9IS
NOV81I'lber 2".. 1997
($10,000) ("Initial Deposit"), which amount shall be held in accordance with this
Agreement, and which shall be credited toward the Purchase Price hereunder. All
amounts to be held in escrow pursuant to this Agreement shall be deposited in accounts
insured by the Federal Deposit Insurance Corporation.
b) At the end of the "Inspection Period" (as hereinafter defined),
Purchaser shall post with the Escrow Agent an additional deposit ("Additional Deposit") in
the '81llount of FIFTEEN THOUSAND DOLLARS ($15,000), which Additional Deposit
shall be held and disbursed in the same manner as the Initial Deposit.
c) Following the satisfaction of the conditions set forth in Pamgraph 6( a)
hereof, Purchaser shall post with the Escrow Agent a second additional deposit ("Second
Additional Deposit") in the amount of FIFTEEN THOUSAND DOLLARS ($15,000), which
Second Additional Deposit shall be held and disbursed in the same manner as the Initial
Deposit. The Additional Deposit, the Initial Deposit and the Second Additional (collectively,
the "Deposit") shall be held in escrow by Escrow Agent.
d) The balance of the Purchase Price shall be payable at the Closing (as
hereinafter defined) plus or minus prorations as hereinafter set forth in the form of cash, wire
transfer, local attorney trust account check or local cashier's check which said sum shall be
a part of the aforedescribed Purchase Price.
5) Within ten (10) days following the date hereof; Seller shall deliver to Pmchaser
a commitment ("Commitment") issued by Chicago Title Company (Title Company") for the issuance
of an AL T A Form "B" Marketability Owner's Title Insurance Policy without exception other than
the Permitted Exceptions for the amount of the Purchase Price. If Purchaser shall have any
objection(s) with respect to the status of title to the Subject Property as reflected in the Commitment
and/or the Survey, Purchaser shall notify Seller of such objections ("Title Notice") on or before ten
(10) days following Purchaser's receipt of Seller's Title Evidence ("Title Review Period"). In the
event the Commitment or the survey of the Land to be obtained by, and at the sole cost and expense
of Purchaser ("Survey") reflects any title condition which shall render title to the Subject Property
to be other than good, marketable and insurable, as herein provided, subject to the Permitted
Exceptions, then Seller shall be required to use reasonable diligence to make Seller's title to the
Subject Property good, marketable and insurable, however, in so doing, Seller shall not be obligated
to commence any suit or to incur any expense in excess of $5,000.00, plus the amount required to
discharge any mortgages, construction liens or judgments which Seller placed or permitted to
become a lien on the Subject Property and Seller shall have a reasonable time, not to exceed sixty
(60) days, in which to render title to the Subject Property good, marketable and insurable. If, after
the expiration of said sixty (60)-day period, Seller has not cured the defect(s) of which Purchaser
gave notice, then the provisions of Paragraph 15(b) shall be applicable. As set forth. herein,
"Pennitted Exceptions" shall mean: (i) those matters not set forth in a timely-served Title Notice;
(ll) customary public utility easements and other matters common to the subdivision which will not
2
7TL:2719":S
~.r 2~. 1997
on and with respect to the Subject Property as Purchaser shall desire to determine that
Purchaser is satisfied with any and all matters concerning the Subject Property, including,
without limitation, the availability of water and sewer, the condition of the soil, the
marketability of the Subject Property and such other matters as Purchaser deems appropriate.
If, on or before the expiration of the Inspection Period, Purchaser has not notified Seller that
Purchaser is not satisfied with the Subject Property as contemplated by this subparagraph
6(c), same shall be deemed acceptable to Purchaser and the Condition Precedent of this
subparagraph 6(c) shall be deemed to have been satisfied. If, on or before the expiration of
the Inspection Period, Purchaser does notify Seller that Purchaser is not satisfied with the
Subject Property, which determination shall be made in Purchaser's sole and absolute
discretion, this Agreement shall be deemed canceled and all monies and/or promissory notes
deposited hereunder shall be forthwith returned to Purchaser by the holder thereof and except
as otherwise provided below in this paragraph 6, all parties hereto shall be released and
relieved from any and all further obligations hereunder or arising herefrom. Purchaser agrees
to indemnify and hold Seller harmless from loss to person or property, caused by acts of
Purchaser, its agents, contractors and/or employees upon or in respect of the Subject Property
during the Inspection Period. Purchaser shall also indemnify Seller against, and discharge
at no cost to Seller any and all construction and/or other liens or liabilities which Purchaser
may have caused or suffered to arise in respect of the Subject Property. The indemnities set
forth in this subparagraph 6( c) shall survive the Closing or the termination of this
Agreement.
d) That, at the time of the Closing contemplated hereby, there are no
building moratoriums in effect, pending, threatened or imminent for construction of any
improvements or the issuance of building permits with respect to the Subject Property, and
there are no sewer and water hook-up, water extraction, electrical or other utility
moratoriums in effect, pending, threatened or imminent with respect to the Subject Property.
Purchaser shall be obligated to make diligent, good faith efforts to satisfy the
Conditions Precedent.
Seller sha1l be entitled to cancel this Agreement if all Conditions Precedent shall not
have been satisfied or waived by Purchaser within one (I) year following the Execution Date.
Should this Agreement be canceled due to the failure of any Condition Precedent, the
Deposit shall be forthwith returned to Purchaser by the holder thereof and all parties hereto shall be
released and relieved from any and all further obligations hereunder or arising herefrom, except as
otherwise noted in the last two sentences of paragraph 6( c) and except also that Purchaser shall be
obligated to deliver to Seller, to the extent permitted, free and clear of all liens, charges, unpaid fees,
and/or other liabilities, all plats, drawings, specifications, studies, surveys, submissions, test reports
and results and other materials, data and/or the like prepared and/or developed by or on behalf of
Purchaser in connection with its investigation of the Subject Property and/or its attempt to satisfy
the Conditions Precedent, all without any warranty or recourse.
4
PTL,271969,S
.ovember 24: ~9'7
. , 7) As a material inducement to Purchaser to execute this Agreement and to close the
transaction contemplated hereby and to pay the Purchase Price therefor, Seller warrants and
represents to Purchaser that:
a) To the best of Seller's knowledge, Seller has good, marketable and
insurable title to the Subject Property in fee simple and subject to no liens or encumbrances
whatever other than the Permitted Exceptions.
b) This space is intentionally left blank.
c) To the best of Seller's knowledge, all municipal and governmental
ortlinAnJ'es, rules and regulations have been complied with and Seller has received no notice
of citations or violations thereof.
d) As of the date hereof, there are no pending condemnation or eminent
domain proceedings which would affect any portion of the Subject Property and Seller has
no actual knowledge of any threatened proceeding.
e) Seller is not a party to and, to Seller's actual knowledge, the Subject
Property is not affected by any service, maintenance or property management agreements or
any contracts or other agreements of any kind with respect to the Subject Property which is
not reflected in the Permitted Exceptions or which is not terminable by Seller and Seller will
not hereafter enter into any of same during the tenn of this Agreement The Subject Property
shall be free and clear of any lease (written or oral) and there shall be no party in possession
of the Subject Property at the Closing.
f) There is no pending litigation involving the Subject Property and, to
Seller's actual knowledge, no threatened litigation involving the Subject Property.
g) Seller is not a "foreign person" within the meaning of Section 1445
of the Internal Revenue Code of 1986, so as to require the withholding of any portion of the
Purchase Price for Federal income tax purposes, and Seller agrees to execute, at Closing, an
Affidavit evidencing same.
h) Seller has no actual knowledge of any adverse environmental
condition upon or below the Subject Property (including, without limitation, hazardous or
toxic materials or gas tanks) which would prevent, impede, limit or render more costly the
development of the Subject Property for the Contemplated Use. To the best of Seller's
knowledge, Seller has not caused any adverse environmental conditions to exist on or
beneath the Subject Property.
5
JI'1'L:21196JIS
N~ ~~f 1"7
i) To the best of Seller's knowledge, the Subject Property is not the
subject of a right of first refusal or option to purchase in any third party.
j) The party executing this Agreement is duly authorized to bind Seller
without the further authorization of any person or entity.
k) This space is intentionally left blank.
8) Seller hereby grants to Purchaser and Purchaser's agents, employees, servants and
contractors the right to go upon the Subject Property during the term of this Agreement and make
such reasonable and customary tests and investigations and do such reasonable and customary
things: including, but not limited to, surveying of the Subject Property as Purchaser shall deem
necessary or appropriate, including, but not limited to, tests and investigations necessary for
Purchaser to determine the existence of any conditions herein represented to exist or with respect
to which this Agreement is contingent and those tests and investigations that may be necessary
for Purchaser to determine that Purchaser can utilize the Subject Property for the Contemplated
Use. Seller acknowledges and agrees that Purchaser's investigation of the Subject Property is
solely for Purchaser's benefit and shall not limit or reduce the representations and warranties
made by Seller hereunder. Except for the representations and warranties of the Seller under this
Agreement, Purchaser acknowledges that Purchaser has relied on Purchaser's own due diligence
and not upon any other representation or warranty of the Seller or any agent or employee of the
Seller.
9) The conveyance of the Subject Property by Seller to Purchaser shall be by special
warranty deed. Seller and Purchaser acknowledge that titne shall be of the essence as to all acts
of Purchaser and Seller hereunder. Seller agrees that all fill on the Subject Property shall remain
on the Subject Property.
10) (a) Unless extended by any other provisions of this Agreement, the "Closing" of
this transaction (execution and delivery of the warranty deed, as well as the execution and .q'1
delivery of all other docwnents required pursuant to this Agreement and the payment of all sums /g.~
required to be paid) shall take place on the earliest of: (i) the 3l?5th day following the Execution"
Date (subject to one extension per paragraph 1 O(b) below), Unless this Agreement shall have
been sooner terminated pursuant to any other provision hereof, (il) fifteen (15) days following
the day that a building permit shall have been issued to Purchaser or its contractors in connection
with the Contemplated Use, or (iii) one hundred twenty (120) days following the final approval
of the Conditions Precedent set forth in Paragraph 6(a) hereof. In the event the Conditions
Precedent have not been satisfied or waived by Purchaser on or prior to nine (9) months
following the Execution Date, then Purchaser shall have the right to terminate this Agreement
'and receive the return of the Deposit. The Closing sha1l take place at the offices of Escrow
Agent in Fort Lauderdale, Florida, or such other location mutually acceptable to the parties.
6
P'1'L,2719&g,S
Rovember 24, 1197
(b) Notwithstanding the foregoing provisions of Paragraph 10, Purchaser may
elect to extend the Closing (from. the date same may have already been extended in accordance with
the tenns of this Agreement) for one (1) additional thirty (30) day period by paying TWENTY-FiVE
'!HOUSAND DOLLARS ($25,000) ("Extension Fee Deposit") to Escrow Agent prior to the Closing
Date, which amount shall be credited toward the Purchase Price and shall be deemed an addition to
,
and a part of, the Deposit hereunder.
(c) This space is intentionally left blank.
11) The parties agree that the following shall be the schedule of obligations with respect
to the Closing expenses hereunder, to wit:
a) Seller shall pay for:
i) any state documentary stamp taxes (or other transfer taxes)
and surtaxes on the warranty deed;
ii) the cost of correcting any title defects; and
iii) the cost of the Commitment and the title premium associated
therewith.
b) Purchaser shall pay for:
i) the recording of the warranty deed; and
ii) the Survey.
c) All governmental and quasi-governmental improvement liens which
have been certified as of the date of the Closing or with respect to which the work has been
substantially complete as of the date of the Closing, though not yet certified, shall be paid
by Seller and, if not certified, Purchaser shall receive a credit, at Closing, in an amount equal
to the latest estimate therefor by the applicable governmental agency, provided that, upon
request by either party hereto, the parties hereto shall, upon the actual amount of such lien
being established, make whatever adjustments are necessary to reflect the actual amount of
the lien notwithstaodil"1g the fact that the Closing of this transaction has occurred. Pending
governmental and quasi-governmental improvement liens with respect to which the work has
not been substantially completed as of the date oftbe Closing shall be assumed by Purchaser.
d) Real property taxes shall be prorated as of the date of Closing taking
the maximum discount into account. If the Closing occurs on a date when the taxes for the
year of Closing are not fixed, but the then-current year's assessment is available, taxes for
such year will be prorated based upon such assessment and the prior year's millage. If such
7
P'l'Io'2719&9,S
.ovember 2~. 19'7
year's assessment is not available, taxes will be prorated based upon the then-prior year's tax.
lfthe tax proration is based on other than the actual amount of taxes in question then, upon
the actual amount of such taxes being known, the parties hereto agree that upon the request
of either party, such taxes will be re-prorated and the appropriate adjustment made
notwithstanding the fact that the Closing has occurred. Except as otherwise specifically
provided in this Agreement, all expenses and revenues of the Subject Property shall be
prorated or credited as the case may be to the day of Closing. The provisions of this
Paragraph shall survive the Closing.
12) Possession of the Subject Property shall be delivered by Seller to Purchaser at
Closing. Risk of loss to the Subject Property between the date of the execution of this
Agreement and the date of the Closing shall be upon Seller.
13) In the event of the commencement of any condemnation or eminent domain
proceedings for any public or quasi-public purpose at any time prior to the Closing hereunder,
resulting or which could result in the taking of any material part or all of the Subject Property,
Purchaser shall have the option of: (i) canceling this Agreement, in which event the Deposit
shall be forthwith returned by the holder thereof to Purchaser and upon such repayment, this
Agreement shall be null, void and of no further force or effect and all parties hereto shall be
released and relieved from any and all further liability or obligations hereunder; or (ii) Closing
the transaction contemplated by this Agreement, in which event the purchase Price shall not be
abated; provided, however, that Seller shall assign any condemnation or eminent domain award
and its right to receive same to Purchaser. As set forth herein, a material taking shall mean a
taking of any portion of the Subject Property that (a) requires a reduction in the gross leasable
area of the facility to be constructed on the Subject Property, or (b) results in a material increase
in the cost of the Project. Seller agrees not to enter into any settlement of any condemnAtion
proceedings or eminent domain proceedings without the prior written consent of Purchaser
which consent shall not be unreasonably withheld, delayed or conditioned, and Seller agrees to
immediately notify Purchaser in the event any condemnation or eminent domain proceeding be
instituted.
14) The obligations of Purchaser under this Agreement are subject to all of the
representations and wammties contained in this Agreement having been troe and correct in all
material respects on the date hereof and on the date of Closing.
15) (a) If Purchaser shall default in the payment of the Purchase Price or otherwise
default in any of the terms, covenants and conditions of this Agreement on the part of Purchaser
to be performed, Seller shall retain the Deposit as full and agreed upon liquidated damages in
full settlement of any and all claims against Purchaser for damages or otherwise and Purchaser
shall have no other or further liability hereunder except as otherwise provided in paragraph 6
above. The parties acknowledge that this provision for liquidated damages is a fair and
reasonable measure of the damages to be suffered by Seller in the event of Purchaser's default
because the exact amount of damages is incapable of ascertainment. Notwithstanding any
8
PTL:~'l"':S
Kovwmber 2t, 1917
provision of this Agreement to the contrary, Purchaser shall not be in default hereunder, unless
Seller shall have provided written notice of the alleged default and a period of ten (10) days after
receipt of notice to cure same.
(b) If on or before the Closing (i) Seller is unable to deliver good and marketable
and insurable title to the Subject Property subject only to the Permitted Exceptions, or (ii) Seller
shall have failed to comply with any other term., provision, covenant, agreement or condition of this
Agreement, or (iii) any of the material representations and warranties made by Seller herein shall
be in any respect untrue, Purchaser shall have the right:
i) to cancel this Agreement by giving notice to Seller and this
Agreement shall be deemed to be terminated as of the date of such notice, in which event
Purchaser shall be entitled to the return of the Deposit; or
ii) to take title subject to the defect, exception, objection,
inaccuracy or failure without price reduction or abatement (subject, however, to the next
paragraph).
Without limiting Purchaser's rights contained in this Paragraph, in case of a
lien or encumbrance which Seller placed or permitted to become a lien on the Subject Property and
which can be removed at the time of Closing by payment of a liquidated amount, Seller covenants
and agrees, at Purchaser's request, to remove such lien or encumbrance at Closing so that the Subject
Property can be conveyed to Purchaser free of same except non-delinquent real estate taxes which
are not yet due and payable and the other Permitted Exceptions.
If Seller willfully fails or refuses to deliver the Deed and no lien affidavit in
default hereof; Purchaser shall have the sole option of either (x) terminating this Agreement,
receiviilg the return of the Deposit and a payment from the Seller in the amount of Fifty Thousand
Dollars ($50,000) representing a negotiated and agreed upon liquidated damage amount ("Seller's
Agreed Payment"), in which event Seller and Purchaser shall be released and relieved of any further
liability and this Agreement shall thereupon be null and void; or (y) suing Seller for specific
performance. .
16) In connection with any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover all costs incurred, including, but not limited to, reasonable attorneys'
fees actually incurred, which reasonable attorneys' fees shall include, but not be limited to, those
reasonable attorneys' fees incurred by such prevailing party for the services of its attorney( s) at
all trial and appellate levels and post-judgment proceedings.
17) Unless otherwise specifically provided herein, all notices to be given hereunder shall
be in writing and sent to the parties as hereinafter provided, certified mail, return receipt
requested, postage prepaid Unless otherwise specifically provided herein, said notices shall be
effective on the day such notice is deposited in the United States mails.
9
.r.l'L:271.tUz5
N~~ ~4, 1,'7
Notices as to Seller shall be sent to:
Knuth Road Associates
1551 Forum Place, Suite 100
West Palm Beach, Florida 33401
and a copy to:
Levy Kneen, et aI., P .A.
1400 Centrepark Blvd.
West Palm Beach, Florida 33401
Attn: David J. Wiener, Esq.
Notices as to Purchaser shall be sent to:
Stor-A1l Properties, Inc.
1375 West Hillsboro Boulevard
Deerfi.eld Beach, Florida 33442
Attention: Jeffrey Anderson
and a copy to (and notices to Escrow Agent):
Ruden, McClosky, Smith,
Schuster & Russell, P.A.
200 East Broward Boulevard, Suite 1500
Post Office Box 1900
Fort Lauderda1e, Florida 33302
Attention: Mark Somerstein, Esq.
The place to which any party hereto is entitled to receive any notice may be changed by such party
by giving notice thereof in accordance with the foregoing provision. The attorney for either patty
may send and receive notices on behalf of that party. .
18) Each party hereto represents and wammts unto the other party hereto that, other than
Kiss Realty, Inc. ("Kiss") ("Broker"), who represents Seller in this transaction, there are no real
estate brokers or agents involved with respect to this trllDSllCti.on and that there are no brokerage
fees, finder's fees or broker's commissions due as a result of their respective executions of this
Agreement or which will be due as a result of the Closing as contemplated hereby by virtue of
'their respective acts, inactions, conduct or otherwise. Each party hereto does hereby agree to
indemnify and hold the other harmless from any breach of their respective representations and
warranties as set forth in this paragraph. Seller agrees to recognize and pay a brokerage
commission due the Broker in the total amount equal to FORTY-SEVEN TIIOUSAND FIVE
10
J"l't,;271JUIS
BOvamber 24: 1917
HUNDRED SIXTY-SEVEN AND 40/100 ($47,567.40) and which is deemed earned as of the
date hereof but which shall not be payable unless and until the Closing occurs. Seller
acknowledges that Stor-All Realty & Property Management, Inc. is an affiliated company of
Purchaser and represents Purchaser in this transaction but shall not be compensated in connection
with this transaction. Purchaser agrees to indemnify and hold the Seller harmless from any claim
by Stor-AlI Realty & Property Management, Inc. for a commission with respect to the SubJect
Property. The provisions of this Paragraph shall s\U'Vive the Closing.
19) This instrument shall be governed by and enforced and construed under the laws of
the State of Florida.
20) Purchaser named herein sha11 have the absolute right and power to assign its interests
in this Agreement to Stor-All, Ltd., or any entity affiliated with Stor-All, Ltd., and Seller agrees
that upon any such assignment, the assignee shall be deemed to be Purchaser under this
Agreement and Seller shall close this transaction with such assignee with the said Purchaser
named herein having no other or further liability hereunder.
21) Whenever the context so requires or admits, any pronoun used herein may be deemed
to mean the corresponding masculine, feminine or neuter form thereof and the singular form of
any nouns and pronouns herein may be deemed to mean the corresponding plural form thereof
and vice versa. 011
I~~J-I
22) The Execution Date shall be the date this A~ent has been executed by the last
party (Purchaser or Seller, as the case may be) to execute same and Purchaser's receipt of a fully
executed duplicate original. This Agreement shall be void if Purchaser has not received a fully
executed original of this Agreement within ten (10) days of the date of execution by Purchaser,
23) This Agreement shall not be construed more strictly against either party by reason
of the fact that one party was responsible for drafting.
24) Seller acknowledges that Purchaser has materially relied upon all of the
representations and warranties of Seller hereunder, and such revresentations and warranties shall
s\U'Vive the Closing. Other than as otherwise set forth herein, Purchaser is purchasing the
Subject Property in its "AS IS" condition.
25) This Agreement shall inure to the benefit of and shall be binding upon the parties
hereto and their respective heirs, personal representatives, permitted successors and/or assigns.
26) This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which sha1l constitute one and the same Agreement. This
Agreement may be executed via telecopy.
11
rTJ.:2719U:S
November 24~ 19'7
27) No waiver of any provision of this Agreement shall be effective against Purchaser,
unless it is in writing and signed by Purchaser, and shall only be applicable to the specific
instance to which it relates and shall not be deemed a continuing or future waiver.
28) Escrow ARent. The follOwing shall apply with respect to Escrow Agent's
involvement in the transaction contemplated herein:
a) Escrow Agent shall not release any portion of the Deposit to Seller
prior to forwarding notice to Purchaser in accordance with this Agreement ("Escrow
Notice"). In the event Escrow Agent shall receive a notice of objection within ten (10) days
follOwing Purchaser's receipt of the Escrow Notice, then Escrow Agent shall not disburse the
Deposit to Seller and shall, at Purchaser's request, deposit the Deposit in the registry of a
court of competent jurisdiction where the Subject Property is located.
b) Unless Purchaser is in default of this Agreement, any interest earned
on any monies deposited with Escrow Agent shall be paid or credited solely to Purchaser.
c) Escrow Agent shall not be required to take notice of any default by
any of the parties hereto or take any action with respect to such default which, in its opinion,
involves any actual or potential expense or liability to it unless notice in writing of such
default is given to it and it is indemnified in advance in a manner reasonably satisfactory to
it against such expense or liability. Escrow Agent shaI1 not be under any obligation to take
any legal action in connection with this Agreement or for its enforcement or to appear in,
prosecute or defend any action or enforcement or legal proceeding, which in its opinion,
would or might involve it in any cost, expense, loss or liability, unless, and as often as
required by it, Escrow Agent shall be furnished with security and indemnity reasonably
satisfactory to it against all such costs, expenses, loss or liability. In any case, Escrow Agent
shall give notice to Purchaser and Seller of its requirement of indemnity specifying the
action. Without limiting the foregoing, each party agrees to indemnify and hold the Escrow
Agent harmless from all loss, cost or expense reasonably incurred by the Escrow Agent in
connection with acting as escrow agent hereunder including, without limitation, reasonable
attorneys' fees and costs (including retaining the services ~fEscrow Agent's own attorneys).
d) Escrow Agent shall incur no liability in acting upon any signature,
notice, request, waiver, consent, receipt or other paper or document believed by it to be
genuine, and it may assume that any person purporting to give it any notice or advance in
accordance with the provisions hereofhas been duly authorized to do so, and the undersigned
hereby jointly and severally indemnify and agree to hold and save Escrow Agent harmless
from and against any and all loss, damage, cost or expense it may suffer or incur as
depository hereunder, unless caused by its willful refusal or willful failure to act pursuant to
the terms hereof.
12
m..2719&9:5
NOvemb.r 24. 1197
,--_._~.. --- - '~----'-
e) In the event Escrow Agent perceives there to be any bona fide
disagreement between any of the parties to this Agreement and any other person, whether or
not a party hereto, resulting in adverse claims or demands being made in connection with any
sums or property involved herein or affected hereby, then Escrow Agent shall be entitled:
i) To refuse to comply with any claim or demands on it as long
as such bona fide disagreement shall continue, and in so refusing, it shall make no
delivery or other disposition of any funds then held by it pursuant to the terms of this
Agreement, and it shall not be or become liable in any way or to any person for its failure
or refusal to comply with such conflicting or adverse claims or demands, and
ii) It shall be entitled to continue so to refrain from acting and to
so refuse to act until (A) the right of adverse claimants shall have been fmally
adjudicated in a court assuming and having jurisdiction of the funds (or other property,
if any), involved herein or affected hereby, or (B) all differences shall have been adjusted
by agreement and it shall have been notified in writing signed by all persons interested;
or
iii) Interplead the sums in controversy into a court of competent
jurisdiction after deducting therefrom its filing fees, expenses and legal fees incurred in
tiling the interpleader. Following said interpleader, Escrow Agent shall, ipso facto, be
relieved of all liability to any party hereto for any claims arising out of or resulting from
this Agreement.
t) Escrow Agent shall not be bound by or charged with notice of any
transfer or assignment of any interest herein or in the subject matter hereof, in whole or in
part, made by any of the parties hereto, or its successors or assigns, until written notice
thereof is delivered to it and the other parties hereto is obtained.
g) Notwithstanding the foregoing provisions of this Paragraph 28 to the
con1raly, upon notification of a dispute between the parties and the request of either party,
Escrow Agent shall interplead the sums in controversy into. Jl court of competent jurisdiction.
Seller acknowledges that Escrow Agent represents Purchaser and may represent
Purchaser in the event of a conflict hereunder.
13
'ITL:2719U:5
NOv.mber 2~, 1"7
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the
dates set after their respective signatures.
Signed, sealed and delivered
in the presence of:
PURCHASER:
INC., a Florida
Name:
Title:
Date:~\'L'1.
JeI1rrty M. AndeIson
VIce PlaIdent
,1997
SELLER:
KNUTH ROAD ASSOCIATES. a Florida general
partnership
By:
Name:
Title: General Partner
Date: . 1997
JOINDER
The undersigned agrees to act as Escrow Agent in accordance with the terms and provisions
contained in the foregoing Agreement for Purchase and Sale.
ESCROW AGENT:
RUDEN, MCCLOSKY, SMITII, SCHUSTER &
RUSSELL. P.A.
By:
Name:
Title:
Date:
,1997
14
rn.,2719U.S
IJovamber ::140,. 11'7
Sent b~:RUDEN McCLOSKY 18FL Feb~;-99 02:37PM
frOM 9S476449~~954 426 1109
pa<;e 2/ 2
RUOEN
M CCLOlilKY
SMITH
SCHUSTER &
RUSSEl-I-, P.A.
200 <AST &~OWARO BOULEVARD
FO~T LAUDE~DALE. FLORIDA 33301
POST OFfICI! BOX 1900
FO~T lAUDeRDALE, FtORlDA 33302
A 1 T 0 h tJ f, r "'- i\ t L W
195-41 76406660
FAA: (9541 76404996
WRI1~~'S DI~cr piAL NUM8ERo (954.527-2415
1_ll: MKSIIt~UDEN,COM
February 5.1999
The City of Boynton Beach
100 East Boynton Beach Boule ,ard
Boynton Beach, FL
33424
Re: Stor-AU Propel';ies, Inc. purchase from Knuth Road Associates;
Our File No.: J '492-83
Dear Sir or Madam:
Based solely upon our rtview of 'chicago Title Insurance Company's Title Report under File
No.: 309709833 and update ref)rt under File No.: 309900800 certified through January 25, 1999,
we are of the opinion that fee ~imple title is vested in Knuth Road Associates, a Florida general
partnership.
Sincerely,
Mark K~ merstein
CC: Jeffrey Anderson
Sent b~:RUDEH McCLOSKV 18FL Fe~03-99 11:S3aM
. 12'J40 F'EB 1213, 1999 Ill: CHl.., ...O/TlCOR TITU:: TU. .NO: 954-917-0407
frOM 9547644~h~954 426 1108
page .-Z..!...2.....-.
tS3761 PAGE: 2/.3
@
CHICAGO TITle INSURANCE COMPANY
UPtlATE STATUS OF AGENTS' TITu: REPORT
Agent File No.: 11492-83
Our File No.: 309900800
To:
Ruden, KcCl"eky, smith, Schuuer "Rlleaall, P.A.
200 Zalt Browacd Blvd., P.o. Sax 1900
Ft. Lauclerdllle, 1!'10l'1cla 33301
A~llt Velerie Ja.eol:ls
EfFECTIVE DATE OF LAST PRIOR TITL!: RePORT:
December 5, 1997 at 8.00 a.~.
EFfECTIVE DATE OF THIS UPDATE TITLE REPORT:
January 25, 1999 at 8.00 a.m.
The Report on Stetus of Thle frollllhe effective date of the last prior Title Report has b..n continued.
MATTERS APPEARING OF RECORD SUBSEClUENT TO THE LAST PRIOR TITI..E REPORT:
1lv........G F01I1IIl or IUICORl)
11\ls updete supplemen1s 11\8 pfll1liollS Stll~S of Tille Report to you, No. 309900800.
THIS REPORT IS PROVIDED FOR THE SOLE PURPOSE OF THE ISSUANCE OF A CHICAGO TITLE
INSURANCE COMPANY POLICY BY THEADDRESSEEASAUTHORIZiD BY THE COIVIPANY. CHICAGO
TITLE INSURANCE COMPANY DISCLAIMS LIABILITY TO THEADORESSEE OR ANY OTHER PARTY IN
THE EVENT THIS REPORT IS USED FOR A PU!lPOSE OTHI'R THAN AS STA'rED.
CHICAGO .TITLE INSURANCE COMPANY
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C. STANLEY WEAVER AND ERNA v WEAVER, HIS WIFE,
lu.,,.;,,,,I,,., l.d!...' ,I,., .,rmll",
'<<KNUTH ROAD ASSOCIATES, . Florida general
partnership,
II'lm.., ,m,d.,II;,.' ",I.f"... ,. '436 N. Congress Ave.. West Palm Beach, FL 33401
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Witnesseth: Tlu.' ,,,,. '1"111/'" fur mill ill PI..~i",.t(lliml of 111ft ~lj'" of $10.00 and aIJu"
1"(,1IW},11' ,'uII..i,I'Wlli<l". N'n,;,,1 /I,J"."."I J.f ',,.,,.1,,. nrL...m,',.,I",.,1. 1...".11)' fJrollls. I,.orflai'lJ. 'f'Il.. alif'u,. r(>.
mi~,'~. """"~"'" ,m"','\'~ tl/lfl ,,,,,firms 11"/11 ,IU' Wntt"'", ..l/llu.1 rt'rlni" ',,"tl sil..alp in Palm Beach
('011,.1\', I:I"'i,la. d=..
TRACT 118 LESS South 128.5 feet thereof according to the Palm Beach-
MIami Lend and Development Company Plat of SubdivlsJon 0' Section
19, TownshIp 115 South, Range 113 East, recorded in Plat Book 7,
page 19, Public Records of Palm Beach County, Florida.
,I",
SUBJECT TO a First Purchase Money Mortgage of even date herewith
In the original principal sum of $513,325.00. given by Herbert A.
Brock, Andrew Brock, Peter Brock, and William S. Graham~ General
Partners of Knuth Road Associates, a Florida General Partnership.
T ogdhcr .pill. all 111(' Ic'u'mcnl.. IIt'r(OtlUnmenll Clud appllrl"rlPrlrt'1 "I('rrlo !lelottging ",r In an)'-
wi.l' npfll','ninillfl.
TD liave ilnd 10 Hold, I~. .am. In I.. .Impl. I"......
Rnd 11,1' wanfnr IU"('b)' ('()I'(>nallll willi .pid flranlpp d,pl l"p grQnlor is lQw/ull)' .('hed 0/ .ald land
III 1f'1' limp!": II,nl "It' (/rorllo, fla. (looel righl and lawful olllhOtll)' 10 .pll and com"y .0M lond: 11101 Jill!
"rOll/or 'Ir,c.l,y full)' warrant. 111(> Ilfle 10 .aid land and wlfi dl'/,,,,d IIle .4m(> Clgoinll IIu, law/ul claims of
nll'lf'r~c"'l W/IO"llorl'''; tlllrl ll.ot loid lond is 'rM of fill "ncumbrnncl's. P'XC'ppl faxE" Qcctulng subsequenl
In I>""I',"IlI'r :1" 11)11,
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In Witness ltIhercof, "'f' sPllf fl'tlFllor Ims sigllf.'d nnJ sC'ol..d ,I,psll prpslmls IhE' Ja)! pnd year
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Palm Beach
I Ilt.".:K" t:l:RTlt'y Ih.,. "" Ih,~ ,I;,~'. 1"'I,,r~ "It. an uHirn duly
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C. Stanley Weaver and Erna Y. Weaver,
his wife,
I.. ..... )."I<;Wt1,.I" lw ,II.. "...,....$ .1. "rohr,l In ,1tIt! ..1.0 r~~ruINI Ihl'
r,!...~'n~:.i.'~:~t~'I..tll an\1 they ". knowl"fl~rd brl..>rl' nil' 1t.:l.1 they
J'lO('''I,,,'d,.'tIf.. 101'"''
/' 6. ':', i~ ~'''~l7.SS "'" hdnd d'lll glfirio1l ...ill in th.. l:uunl)' "nd
! \\ ~!..i.. ,'il~. ,,1'>f~'al,1 1\00" I d i1. _ day <>1
. .'". .~1rJt ~1::'niM~
Uv C(ln'WNIIion EIpnI Octobtr 25. 1985
Bonl.looJ dml MIIItf*d BondIng Apq
nCCCRO VF!!IFlEO
f'f~.lM eE:,CH COVNTY FlA
JOHI~ B. O\l!~KLE
CL[R~ CHitUIT COURT
Thl$ Imtn""mt prr'J'4rt'd by:
AJd..m ~::r""n
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----..-------------....--....".-......-- _._--------_.~-,-_..__.,..
NOT TO SCALE NOl<fH
AGENT CONSENT FORM
STATE OF FLORIDA
COUNTY OF PALM BEACH
----------------------/
BEFORE ME THIS DAY PERSONALLY APPEARED ~()d(i.1V ]("c>ck., WHO
BEING DULY SWORN, DEPOSES AND SAYS THAT:
1, He/she is the owner of the real property legally described in Attachment A;
2. He/she duly authorizes and designates KILDAY & ASSOCIATES. INC. to act in
his/her behalf for the purposes of seeking a variance, rezoning and conditional
use of the real property legally described in Attachment A;
3. He/she has examined the foregoing variance, rezoning and conditional use
applications and he/she understands how the proposed change may affect the
real property legally described in Attachment A.
FURTHER AFFIANT SAYETH NOT.
The foregoing instrument was acknowledged before me this't~\..day of ~e.I2>l2.1..Al2J..\ ,
1999, by A", ck!.l..... Pl t '" c..I<.. (Name of Person Acknowledg~ng)
who is personally known to me 01 ,,1,0 I,a& I-',vdu"..d
. , .. ,. . . and who o€Ii8 (did not) tea
Gv~ 0
ign ture of Person Taking Acknowleagment) wner's Sill nature \
Knuth Road Assoclates, a florida general
partnership, ,
(Name of Acknowledger Typed, Printed or Stamped) Owner's Name (Print)
1551 Forum Place, Suite 100
(Title or Rank)
Street Address
West Palm Beach, FL 33401
(Serial Number, if any)
City, State, Zip Code
(Notary' Seal)
Telephone (56~ 684-1040
JANIE E GUsrii""'-
NOTARY PUBLIC STATe OF FLORIDA
COMMISSION NO. CC49!l!l19
MY COMMISSION EX!'. ocr. 8,lm
SIMI".ONS & WHITE, INl..
Engineers' Planners' Consultants
February 23, 1999
Job No. 99-7
TRAFFIC IMPACT STATEMENT
Self Storage Facility
Palm Beach County, Florida
SITE DATA
The subject parcel is located on the southeast corner of Knuth Road
and Old Boynton Road and contains approximately 3.5 acres. Proposed
site development on the currently unimproved parcel consists of an
86,400 S.F. self storage facility with an anticipated build-out of
2000. Site access is proposed via a driveway connection to Old
Boynton Road and an exit only to Knuth Road. For additional
information concerning site location and layout, please refer to
the site plan prepared by Kilday and Associates.
PURPOSE OF STUDY
This study will analyze the proposed development's impact on the
surrounding . thoroughfares within the project's radius of
development influence in accordance with the Palm Beach County Land
Development Code Article 15, Section 15.9 Traffic Performance
Standards.
The Traffic Performance Standards require that a proposed
development meet two "tests" with regard to traffic. Test 1, or
the Link/Buildout Test, requires that no site specific development
order be issued which would, during the build-out period of the
project, add project traffic at any point on any major thoroughfare
link within the project's radius of development influence if the
total traffic on that link would result in an average annual daily
traffic or peak hour traffic volume that exceeds the adopted
threshold level of service during the build-out period of the_
project.
Test 2, or the Model Test, requires that no site specific
development order be issued which would add project traffic to any
link within the project's model radius of development influence if
the total model traffic on that link would result in an average
annual daily traffic volume, as determined by the model, that
exceeds the adopted level of service. For the purposes of this
analysis, the construction contemplated in the Modified 2010 Plan
shall be used.
This study will verify that the proposed development's traffic
impact will meet the above Performance Standards.
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (561) 965-9144' Fax (561) 965-0926
Traffic Impact Statement
Job No. 99-7
February 23, 1999 - Page Two
TRAFFIC GENERATION
The traffic to be generated by the self storage facility may be
calculated in accordance with the trip generation rates presented
in Table 10.8-1 Fair Share Road Impact Fee Schedule of Article 10:
SELF STORAGE (86,400 S.F.l
86,400 S.F. x 2.61 tod
1000 S.F. =
226 tpd
Less 5% Capture =
- 11 tod
NET =
215 tpd
RADIUS OF DEVELOPMENT INFLUENCE
Based on Table 2A and 2B of the Palm Beach County Traffic
Performance Standards, for a net trip generation of 215 trips, the
radius of development influence shall be one-half mile for Test One
and the directly accessed link for Test Two.
EXISTING TRAFFIC
Existing average annual daily traffic volumes for the links within
the radius of development influence were available from the
Metropolitan Planning Organization of Palm Beach County 1997/1998
Annual Traffic Volume Map.
Background traffic, consisting of historical growth allowances
furnished by Palm Beach County, major project traffic, and
anticipated development in the area was also considered. The
following Table calculates the 3-year historical growth rate for
the applicable count station with the project's radius of
development influence:
EXISTING TRAFFIC (CONTINUED)
TABLE 1
HISTORICAL GROWTH RATE CALCULATION
LINK
A. OLD BOYNTON ROAD:
1994/1995
1997/1998
1
l.
2.
East of Lawrence Rd.
East of Congress Ave.
11,962
8860
16,104
11,372
10.42%(Use 5%)
8.74% (Use 5%)
Traffic Impact Statement
Job No. 99-7
February 23, 1999 - Page Three
EXISTING TRAFFIC (CONTINUED)
LINK
B. CONGRESS AVENUE:
1994/1995
1997/1998
!
1.
2.
South of old Boynton
North of Old Boynton
38,680
38,680
42,189
42,189
2.94%
2.94%
The project is expected to be built-out in 2000 and background
traffic was projected to that time.
Based upon the existing and proposed geometry of the roadway
network, a review of the existing and historical travel patterns,
as well as a review of the proposed development and improvements in
the area, the following distribution was assumed for trips
generated by the project:
North
South
East
West
25%
25%
25%
25%
The 1997/1998 average daily traffic volumes, the proposed project
traffic, background traffic, and the total traffic are also shown
in Figure 1.
Based on the projected total daily traffic volumes and threshold
volumes for the links within the project's radius of development
influence as shown in Figure 1, this project meets the applicable
Average Daily Traffic Volume Link Performance Standards listed
under "Test One" of the Palm Beach County Traffic Performance
Standards on all links with the project's radius of development
influence.
PEAK HOUR TRAFFIC VOLUMES
The net external P.M. peak hour traffic volumes to be generated by
the proposed facility may be calculated as follows in accordance
with the rates provided in the ITE Trip Generation Manual, 5th
Edition:
USE
NET
EXTERNAL
DAILY TRIPS
P.M.
P.H.F.
P.M.
PEAK HOUR
TRIPS
SELF STORAGE
215
10.0%
22
Traffic Impact Statement
Job No. 99-7
February 23, 1999 - Page Four
PEAK HOUR TRAFFIC VOLUMES (CONTINUED)
The existing average peak hour traffic has been determined by
factoring the 1997/1998 average annual daily traffic by a "K"
factor of 9.3 % and can be seen in Figure 2. The proj ect' s net
external P.M. peak hour traffic volumes, the peak hour background
traffic, and the total peak hour traffic volumes are also shown in
Figure 2.
Based on the Level of Service "D" Average Peak Hour Threshold
Volumes shown in Table 1A of the Palm Beach County Traffic
Performance Standards and the total peak hour volumes shown in
Figure 2, this proj ect meets the applicable Peak Hour Traffic
Volume Link Performance Standards listed under "Test One" of the
Palm Beach County Traffic Performance Standards on all links within
the project's radius of development influence.
SITE RELATED IMPROVEMENTS
The A.M. and P.M. peak hour turning movement volumes and
directional distributions at the project entrance for the overall
development, with no reduction for pass-by credits, may be
calculated as follows:
USE
TOTAL
TRIPS
P.H.F.
PEAK
HOUR
TRIPS
DIRECTIONAL
DISTRIBUTION
(% IN / OUT)
DIRECTIONAL
DISTRIBUTION
(TRIPS IN/OUT)
SELF STORAGE FACILITY (86.400 S.F.l
A.M.
P.M.
226
226
6.5%
10.0%
15
23
48% / 52%
52% / 48%
7 / 8
12 / 11
Due to the low anticipated peak hour turning movements, no
additional turn lanes or site related improvements are recommended
for this proposed development.
MODEL TEST
Modified Table 5, Projected Network Deficiencies for the future
network, does not presently indicate that the applicable links
within the project's radius of development influence will be over
capacity. Therefore, this project meets the Model Test.
Traffic Impact Statement
Job No. 99-7
February 23, 1999 - Page Five
CONCLUSION
This proposed development is expected to generate a total of 215
trips per day at project build-out in 2000. Based on an analysis
of existing and project traffic characteristics and distribution,
as well as the existing and future roadway network geometry and
traffic volumes, this overall project meets the Link/Buildout Test
and the Model Test as required by the Palm Beach County Traffic
Performance Standards.
jp
tr997
16104
2089
64
18257
31100
.;IMMONS & WHITE, INC.
ENGINEERS · PLANNERS · CONSULTANTS
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12156 1997/1998 AADT
197 HISTORICAL GROWTH
12 PROJECT TRAFFIC
12365 TOTAL TRAFFIC
14300 L.O.s. STANDARD
(50) PROJECT TRIPS
OLD BOYNTON
16104
2089
96
18289
31100
42189
3170
32
45391
47500
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42189
3170
32
45391
47500
11392
1475
32
12899
14300
99-07 J.B.S. 2-23-99
4623 FOREST HILL BLVD., SUITE 112, WEST PALM BEACH, FLORIDA 33415
TELEPHONE (561) 965-9144
FIGURE 1
4
SELF STORAGE FACILITY
1498
194
7
1699
2890
I L(,C"~ln
1.-'--'...-Il--''1IL..I
.,lMMONS & WHITE, INC.
ENGINEERS · PlANNERS * CONSULTANTS
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1498 PK. HR. TRAFFIC
194 HISTORICAL GROWTH
7 PROJECT TRAFFIC
1699 PK. HR. TOTAL TRAFFiC
2890 PK. HR. STANDARD
1498
194
10
1702
2890
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OLD BOYNTON
3924
295
4
4223
4420
3924
295
3
4222
4420
1059
137
3
1199
1330
99-07 J.B.S. 2-23-99
4623 FOREST HILL BLVD., SUITE 112, WEST PALM BEACH, FLORIDA 33415
TELEPHONE (561) 965-9144
FIGURE 2
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SELF STORAGE FACILITY
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Engineers . Development Consultants
1850 Forest Hill Blvd.
WEST PALM BEACH, FLORIDA 33406
(561) 968-0080 . FAX (561) 642-9726
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Engineers . Development Consultants
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MICHAEL B. SCHORAH & ASSOCIATES, lNC,
PROJECT NAME: STOR-ALL KNUTH RD.
AREA
= 3,33 ACRES
GROUND STORAGE
= 5 INCHES
100 YEAR RAINFALL
= 19 INCHES
100 YEAR FLOOD STAGE
= 18.22 FEET
STAGE STORAGE DISCHARGE
13.00 0.00 0.00
13.50 0.00 0.00
14.00 0.00 0,00
14.50 0.04 0.00
15.00 0.12 0.00
15,50 0.25 0.00
16.00 0.45 0.00
16.50 0.74 0.00
17.00 1.50 0.00
17.50 2.38 0.00
18.00 3.39 0.33
18.50 4.50 2.75
19.00 5.70 6.95
8 OF l~
PROJECT NAME:
STOR-ALL KNUTH RD,
**OUTFALL STRUCTURE RATING**
OUTFALL STRUCTURE TYPE:
WEIR LENGTH
WEIR CREST ELEVATION :
WEIR COEFFICIENT
WEIR
24.00
18.00
3.13
INCHES
FEET
BLEED DOWN DEVICE: TRIANGULAR
BLEEDER WIDTH 6,00
BLEEDER HEIGHT 6,00
BLEEDER INVERT ELEV.: 13,00
ORIFICE
INCHES
INCHES
FEET
OUTFALL PIPE LENGTH
OUTFALL PIPE DIAMETER:
MANNING'S 'N'
PEAK TAILWATER ELEV, :
16.00 FEET
15.0 INCHES
0.012
17.69 FEET
STAGE WEIR PIPE RATING
( FEET) ( CFS ) ( CFS ) ( CFS )
13.00 0,00 0.00 0.00
13.50 0.00 0,00 0.00
14.00 0.00 0.00 0.00
14.50 0.00 0.00 0,00
15.00 0.00 0,00 0.00
15.50 0.00 0.00 0,00
16.00 0.00 0.00 0.00
16,50 0.00 0.00 0,00
17.00 0.00 0.00 0.00
17.50 0.00 0.00 0.00
18.00 0.33 3.68 0.33
18.50 2.75 5.96 2.75
19.00 6.95 7.57 6.95
PROJECT NAME: STOR-ALL KNUTH RO_
9 IJF 1'2.
**STAGE - CUMULATIVE STORAGE CALCULATIONS**
VERTICAL STORAGE AREAS
AREA NUMBER - 1
STORAGE AREA
STARTING STORAGE ELEVATION
0.05 ACRES
14.00 FEET
AREA NUMBER - 2
STORAGE AREA
STARTING STORAGE ELEVATION
0.74 ACRES
16.50 FEET
LINEAR STORAGE AREAS
AREA NUMBER - 1
STORAGE AREA 0.14 ACRES
LINEAR STORAGE FROM ELEV. 15.50 FT. TO ELEV. 18.00 FT.
VERTICAL STORAGE FROM ELEV. 18.00 FT. ON UP
AREA NUMBER - 2
STORAGE AREA 0.51 ACRES
LINEAR STORAGE FROM ELEV. 14.00 FT. TO ELEV. 18.00 FT.
VERTICAL STORAGE FROM ELEV. 18.00 FT. ON UP
AREA NUMBER - 3
STORAGE AREA 0.13 ACRES
LINEAR STORAGE FROM ELEV. 14.50 FT. TO ELEV. 16.50 FT.
VERTICAL STORAGE FROM ELEV. 16.50 FT. ON UP
AREA NUMBER - 4
STORAGE AREA 0.12 ACRES
LINEAR STORAGE FROM ELEV. 15,50 FT. TO ELEV. 16.50 FT.
VERTICAL STORAGE FROM ELEV. 16.50 FT. ON UP
AREA NUMBER - 5
STORAGE AREA 0.78 ACRES
LINEAR STORAGE FROM ELEV. 16.60 FT. TO ELEV. 19.00 FT.
VERTICAL STORAGE FROM ELEV. 19.00 FT_ ON UP
10 OF 1'2..
STORAGE ( AC-FT )
VERT. VERT, LIN. LIN. LIN. LIN. LIN.
, STAGE AREA AREA AREA AREA AREA AREA AREA TOTAL
( FEET) 1 2 1 2 3 4 S (AF)
13.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
13.50 0.0 0.0 0.0 -0.0 0.0 0.0 0.0 Q.O
14.00 0.0 0.0 0.0 0.0 0.0 0.0 '0.0 0.0
14.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
15.00 0.1 0.0 0.0 0.1 0.0 0.0 0.0 0.1
15.50 0.1 0.0 0.0 0..1 0.0 0.0 0,0 0.3
16.00 0.1 0.0 0.0 0.3 0.1 0.0 0.0 0.5
16.50 0.1 0.0 0.0 0.4 0.1 0.1 0.0 0.7
17.00 0.2 0.4 0.1 0.6 0.2 0.1 0.0 1.5
17.50 0.2 0.7 0.1 0.8 0.3 0.2 0.1 2.4
18.00 0.2 1.1 0.2 1.0 0.3 0.2 0.3 3.4
18.50 0.2 1.5 0.2 1.3 0.4 0.3 0.6 4.5
19.00 0.3 1.9 0.3 1.5 0.5 0.4 0.9 5.7
II of ,'2..
PROJECT NAME: STOR-ALL KNUTH RD.
*** SCS RUNOFF & FLOOD ROUTING
25
YEAR STORM
RAINFALL = 11.0 INCHES 3 DAY DURATION STORM
TIME
(HR)
RAIN
( IN)
RUNOFF
(IN)
RUNOFF
( A-F)
DISCHARGE STORAGE STAGE
(CFS) (A-F) (FT)
0.00 0.00 0.00 0.00 0.0 0.00 14.00
12.00 0,80 0.00 0.00 0.0 0.00 14.00
24.00 1.61 0.07 0.02 0.0 0.02 14,22
36.00 2.77 0.46 0.13 0.0 0.13 15,03
48.00 3.95 1.09 0.30 0,0 0,30 15.63
53.00 4,63 1.53 0.42 0.0 0,42 15.93
58.00 6.29 2,72 0.76 0.0 0.76 16.51
58.50 6.56 2.92 0,81 0.0 0,81 16.55
59.00 6.91 3.20 0.89 0.0 0.89 16.60
59.25 7.18 3,42 0.95 0,0 0.95 16.64
59.50 7,46 3.64 1.01 0.0 1.01 16.68
59.75 9.32 5.19 1.44 0.0 1.44 16.96
60.00 11.17 6.81 1.89 0.0 1.89 17.22
60.25 11,57 7.18 1.99 0.0 1.99 17.28
60.50 11.97 7.53 2.09 0.0 2.09 17.34
60.75 12.18 7.72 2,14 0.0 2.14 17,37
61.00 12,39 7.91 2.20 0.0 2.20 17.40
61.50 12.69 8.19 2.27 0,0 2,27 17,44
62.00 12.95 8.42 2.34 0.0 2,34 17,48
67.00 14.22 9.59 2.66 0.1 2,64 17.63
72.00 14,95 10.27 2.85 0.1 2.79 17.70
(2. OC Ie
PROJECT NAME: STOR-ALL KNUTH RD.
*** SCS RUNOFF & FLOOD ROUTING
5
YEAR STORM
RAINFALL = 7.0 INCHES 24 HOUR DURATION STORM
TIME
(HR)
RAIN
(IN)
RUNOFF
( IN)
RUNOFF
( A-F)
DISCHARGE STORAGE STAGE
( CFS ) ( A-F) ( FT)
0,00 0.00 0.00 0.00 0.0 0.00 14.00
5.00 0.43 0.00 0,00 0.0 0.00 14.00
10.00 1.49 0,04 0,01 0.0 0.01 14.15
10.50 1.66 0.08 0.02 0,0 0.02 14.26
11,00 1.88 0,13 0,04 0.0 0,04 14.45
11.25 2.06 0.18 0.05 0.0 0.05 14.56
11.50 2.23 0,24 0.07 0.0 0,07 14.67
11 .75 3.42 0.79 0,22 0,0 0.22 15.37
12.00 4,59 1.50 0,42 0.0 0.42 15.92
12.25 4.84 1.67 0.46 0,0 0.46 16.02
12.50 5,10 1.85 0,51 0.0 0,51 16.11
12,75 5.24 1.94 0,54 0.0 0.54 16.15
13.00 5.37 2,04 0.57 0.0 0,57 16,20
13.50 5,57 2.18 0.60 0.0 0.60 16.27
14.00 5,73 2.30 0.64 0.0 0,64 16.32
19.00 6.54 2.91 0.81 0.0 0.80 16.54
24.00 7,00 3.27 0,91 0,1 0.88 16.59