LEGAL APPROVAL
.
CITY' of
BOYNTON BEACH
I
P.O. BOX 310
120 N.E. 2ND AVENUE
BOYNTON BEACH. FLORIDA 33435
{30St 734-8111
November 17, 1982
Mr. David S. Pressly, Esq.
Moyle, Jones & Flanigan, P.A.
707 No. Flagler Rd.,
Box 3888
W. Palm Beach, Fl. 33402
Dear Mr. Pressly:
On Tuesday, November 16, 1982, the City
Council approved Site Development Plans consisting of a
Site Plan package, Project Specifications, and a Development
Agreement to construct the proposed Boynton Beach Mall located
in the N.W. corner of Old Boynton Rd. and Congress Avenue,
subject to the City Planner's memoranda to the Planning and
Zoning Board dated November 3, and November 9, 1982.
Also approved was the requested Height Exception
which provides for the construction of mechanical and ancilliary
equipment within and on top of the proposed Mall to a height of
65' .
Prior to submitting plans to the Building Depart-
ment for permits, all staff recommendations and other materials
listed above and adopted by Council in their approval shall be
provided.
If you have any further questions concerning
this matter, please contact me.
Yours very truly,
CSA:mpc
CC: City Manager
Bldg. Dept. wjplans &
Eng. Dept. wjplans &
Utility Dept.wjplans &
Police Dept.
Fire Dept.
Parks & Rec.Dept.
Public Works Dept.
Central File wjplans
Energy Coordintor
CITY OF BOYNTON BEACH
C"'- _6~
Carmen S. Annunziato
City Planner
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M E MaR AND U M
To: Sam Shannon
From: Dave Maltby"]JVt
Da te: Augus t 28, 1979
SUbject: Boynton Beach Mall
The followinq information regarding the Boynton Beach Mall
has been extracted from the original DR! ADA and the SFRPC
report:
Size:
1,008,000 SF to 1,108,000 SF
$23,000,000 construction cost (1974 $)
$2,400,000 (1974 rates)
Cost:
Tax Revenues:
Emp 1 oymen t:
Annua 1 Payroll:
2,100 jobs at comnletion
$12,700,000 annual oayroll (1974 $)
$6,040 averaqe salary (1974 $)
DKM:cs
PETITION FOR VOLUNTARY ANNEXATION
Out-Parcel #2 (7.87 ac) and #3 (6.54 ac)
Petitioner, Homart-Boynton Associates, a Florida General
Partnership, submits to the City Council of the City of Boynton
Beach, Florida, this, its Petition for Voluntary Annexation, and
states as follows:
1. Petitioner is the owner of certain real property, herein-
after referred to as the "Property", situated in Palm Beach County,
Florida, and shown on Exhibit "A" more particularly described in
Exhibit "B-1" and "B-2", attached hereto.
2. The City of Boynton Beach has jurisdiction to annex the
Property pursuant to Chapter 171, Florida Statutes, in that:
a. The property proposed to be annexed is in the
unincorporated area of Palm Beach County;
b. The property proposed to be annexed is reasonably
compact and is contiguous to the present corporate boundaries of
the City of Boynton Beach; and
c. Annexation of the property proposed to be annexed
shall not result in the creation of enclaves.
3. Petitioner submits this Petition for Voluntary Annexation
with the understanding that it shall be specifically contingent
upon the following conditions:
a. Rezoning of those portions of the Property now zoned
Agriculture to Community Commercial, Category C-3.
b. Adoption of a resolution by the County Commission
of Palm Beach County consenting to the rezoning of the Property
and including a finding of consistency with the Palm Beach County
Comprehensive Plan.
- i
c. Adoption of a development order, pursuant to Section
380.06(14) (e), Florida Statutes, incorporating the provisions of
Resolution No. R-74-343, a copy of which is attached hereto as
Exhibit "C".
d. Agreement by the City to adopt the necessary approvals
by the City to permit development of the Property for any commercial
use permitted in zoning Category C-3 and such approvals shall
include, but not be limited to, the construction of buildings not
to exceed four"(4) stories or a maximum of forty-five (45) feet
in height as defined in the City of Boynton Beach Zoning Regulations.
e. Agreement by the City that no traffic improvements
other than those that are the obligation of the Developer as set
forth in the Agreement attached hereto as Exhibit "D" will be
required to permit development of the Property in accordance with
the provisions o~ Paragraph 3 d of this Petition.
f. Acceptance by the City of the conditions set forth
in the petition for Voluntary Annexation of adjoining property
attached hereto as Exhibit "E" and the petition for voluntary
annexation to be filed on the property described on Exhibit "F".
4. In return for the acceptance by the City of Boynton Beach
of the Petition for Voluntary Annexation, Petitioner agrees to
provide or have provided the improvements as set forth in the
Agreement attached hereto as Exhibit "D".
5. Petitioner reserves the right to withdraw or to modify
this Petition (including exhibits) for Voluntary Annexation at
any time prior to enactment of the ordinance required by Chapter
171.044(2), Florida Statutes, annexing the Property.
6. Agreement that rezoning, site plan approval, all required
variances and special exceptions, property subdivision, etc., will
be processed concurrently with this petition, so that final approval
of all of these matters by the Boynton Beach City Council (the
"Council") will occur at the same meeting at which final approval
by the Council of the annexation occurs. - i
WHEREFORE, petitioner respectfully requests that the Property
be annexed into the City of Boynton Beach, Florida.
DATED this
"1m
day of
- Vice President
JtJ~
HOMART-BOYNTON ASSOCIATES
(a Florida General Partnership)
by BOYNTON BEACH, INC.
aging Part er
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,l982.
By
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RI:SOLUTIOil no. P-'18-U:J2
RESOLUTIOn APPRO'IIl:G ZOnIIIG pI::TITIo:r
HHI:REAS, the Board of County Co=issioners, as the gavel'ning
body, pursuant to the authority vested in Chapter l63 and Chapter 125,
Flo~ida Statutes, is authorize~ and empowered to consider petitions
relating to zoning; and
HHEREAS, the notice and hearing requirements as provided for in
Chapter ij02.5 of the Pal~ Beach County Zoning Code OrdinAnce No. 73-2
have been satisfied; and
HHEREAS, Petition No.. 78-190 vIas presented to the Board of County
Commissioners of Palm Beach COllnty at its public hCdr-:i.ng cOllducl.cc] on
24 August 19"18.
NOvl, THEREFORE, BE IT RESOLVED BY THE BOARD or COUNTY COtlJllS-
SIONERS OF PALM BEACH ~OUNTY, FLORIDA, assembled in regular session
the
21~th day of
August, 1978
, that petition
No. 78-l90 the petition of HOHART-BOYNTON ASSOCIATES, INC. by Dick A.
Greco, Jr., Vice President, for Boynton Beach, Inc., I\gent, for iJ. SPECS Ill,
)
EXCEPTION TO ALLOW A REGIONAL SHOPPING CE~rER INCLUDING AN AUTOMOTIVE
SERVICr: CENTEE, vlASTE \'?ATER TREATilEnT FACILITY AND FINANCIAL INSTITUTION
WITH DRIVE-UP TELLER WIIIDOWS on a parcel of land in Section 19, Township
45 South, Range 43 East, being more particularly descY'ibec1 as fo1101-ls:
,
Beginning at the Southwest corner of Tract 38, as shol-ln on the plat of
Section 19, Township 45 South, Range ijl East, recorded in Plat Book 7,
page 19; thence run North 0051' 51" I'lest (assumed) along the I'lest line
of and its Northerly extension of said Tract 38, a distance of 1332.21
feet; th.2n,-e run South 87058' 21" l'icst, a distance of 20.0 feet; thence
run Horth 0051'5l" I'lest, a distance of 1191.31 feet; thence run Nor.th
88005'26" East, a distance of 1800.0 feet; thence run South 0059'39"
East" a di:'Jtancc of l~72.86 feet; thence run lIorth 88005'2&" Ea~,t) a dista;-lce
.EXHIBIT "3"
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oS: 750;'811 feet; thence run South 0053'33" rOost, il c:i~;tilnce of ')0.01 f,,_,t;
thence run South 88005'26" Vlest, a dist.-mce of 856.73 feet; thence! run
South 43032'54" \-lest, a distilnce of 57.02 feet; thence run SOt~th 0053'3')"
East, a distance of 529.99 feet; thence run South 116027'06" Eil:;t, a distance
of 56.11 feet; thence run North 88005'26" East, a distance of 856.73
feet; thence run South 0059'39" Iilst, a distilnce of 90.0l feet; thence
run South 88005'26" l'lest, a distance of 855.73 feet; thence run South
1;3032'54" ~:est, a distance of 57.02 feet; thence run South 0059'3')" East,
a distance of 529.99 feet; thence run South 116027'06" East, a distance
of 56.11 feet; thence run llorth 88005'26" Eilst, a distilnce of 886.73
feet; thence run South 0059'39" East, a distilnce of 90.01 feet; thence
run South 88005'26" V/est, a distance of 856.73 feet; thence run South
43032'54" Y1est, a distance or' 57.02 feet; thence run South 0059'39" East,
a distance of 231.62 feet;thcnce '['un South }IIOllr,'19" }:iJ~;t, it distance
of 207.00 feet; "thence run South 0059'39" ECist, a distLlnce of )50.00
feet; thence run North 89046'34" I'lest, a distance of l689.:,O feet to
the Point of Beginning. Said property located on the west side of Congress
-
Avenue (S.R. 807) and on the north side of Old Boynton Road in a CG-
General Commercial Disti'ict, Has approved as amended per the petitioner's
request to DELETE THE YlASTE vlATER TREAT}lE1IT FACILITY AND THE FIlIiIlICIAI'
INSTITUTION I-lITH DRIVE-UP TELLER HIlrDO:1S subj ect to the following conditions:
1.
Petitioner shall construct Con~ress Avenue as a four-lane
road~.;ay Hi th median from Acces~ Road "E" tnro~lgh the inter-
section \o1ith Ne'" Boynton Road (S.R. BOil).
2. Petitioner shall construct at the intersection of ~;C\'I Poynton
Road (S.R. 804) and Congress Avenue:
a. Dual left turns north and south approach.
b. Right turn lane east approach.
3. Petitioner shall construct at the intersection of Old Boynton
Road and Hilitary Trail:
a. Left turn lane north approach.
b. Left t~rn lane eilst approilch.
c. Right turn lane south approach.
II. Petitioner shall construct at the intersection of New Boynton
Road and l-:lli t02ry Trail:
a. Right turn lane south approach.
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5: Petitioner shall construct ;J(~';1 ll,oynton EO'lU <.:.S (;. four-l(llll~
rQuch.Jay \-lith mcdiun frora ConL')rc:::;~; !\vcnue to /~cc~ss Hoad 11:111.
6. Pe.titioner sllall construct ~t tIle iIltersecti.on of }!e~l Boynton
Road 2nd r.fLlll Acc(~s'::, P.oad liD":
a. Dual left turn lanes 2nd ri~ht turn 12,e north approach.
b. Left turn lane west approach.
c. Right turn lane east approach.
7. Petitioner shall construct at the intersection of Old Doynton
ROild and Access ROiJ.d "D":
a. Left turn lanes north and south approach.
b. Left turn lane west approach.
c. Right turn lane east approilch.
8. Petitioner shall construct at the intersection of Old Boynton
Road and Access Road "A":
a. Left turn lane west approach.
b. Two-lane approach north approach.
c. Right turn lane east approach.
9. Petitioner shall construct at the intersection of Old Boynton
Road and Congress Avenue:
a. Right turn lane east approach.
b. Left turn lane all approaches.
10. Petitioner shall construct at the inter~;ecti()n of COllgress !\VE:mlE'
and Access Roads "E", "D", and "e":
a. Left turn lane south approach.
b. Right turn lane north approach.
c. Right and left turn lanes west approach.
11. Petitioner shall construct at the intersection of Old Boynton
Road and _ Hel'] Boynton Road:
a. Right turn lane east approach.
b. Left turn lane north approach.
12. Petitioner shall install signalization at the following inter-
sections with the initial phase of construction:
a. Congress AvenL:e and Access Road lID". :
. b. lie I" Boyntoi1 P.oad and Access Road "B".
c. Old Boynton Road and Access R02d "B".
d. Old Boynton Road and Congress Avenue.
e. Upgrade existing signal at New Boynton Road and Congress
Avenuea
13. Petitioner shall install signalizatio~ when warr2nted, as
deter~ined by the County Engineer, at the following intersections:
2.. Congress Avenue and Access Road !lC".
b. Congress Avenue ar:d Access ROOld "E".
c. Old Boynton Road and Access Roael "A".
14. Hithin ninety (90) days of the Special Exception approval,
petitioner shall convey to Palm Beach County:
a. Sixty (60) feet from the centerline for the ultimate
right-of-way for Congress Avenu~.
b. Forty (40) feet from the centcrline for the ultimate
right-of-way for Old Boynton Road.
l5. Petitioner shall construct at the irrtersection of 1-95 at
Doynton West R03d:
a. Dual left turn lunes south approach.
16.
The fou!' (!,) eu.~tcl'lj' out
nlo~rr"n t ',.]1' th "".J-,o ::itc of
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:rllrc.~~ls Gh211 b2 in unified dcv-
the subject Special [~ccption.
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Petition~~ ~l.~ll provide ni;ll~ty p(~r'Ccnt \ JOr~) OPt!':lu~
lanc1scupe screening ulor~i~ t ~lc' \':c~ t: rl~"'op(-,r t '/ 1 i, n~, ~:{:. icl
lu.ndsco.pin:; to be plur.t(~cl prio!..' to a:\)' :.>i t(~ ~..;O:"'.<.
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lB. Petitioner ':l,all l,rovidc n five (~) foot 1 ~ t 1
~ '-'. i".i 'cc access
eascG~!lt illong tht2 Hc~t pr'opcl'ty line to lirr:i t .1CC~S:J
to Jovert Street.
19. no ilddi tiondl buildinl:s thi.m -tho"" sho'.in on the Site Pl.:m I
Exhibit No. 12, on file in the office of the Director,
Department of Planning, Zoning E Building, with particular
regard to the we~tern portion of the subject site, shall
be allowed on th8 subject site without Public Hearing
reconsideration by the Palm Beach County Planning Commission
2nd Board of County COlill".iss ion.
20. Petitioner shall dedicate twenty (20) feet for Javert Street
210ng the entire western boundary of this development,
provided said right-of-way is not needed for drainage or
internal site requirements as per the existing Zoning Code.
COTT'JiLissioner
l.ledlen
moved for approval of the petition.
The motion was seconded by Commissioner
Lytal
, and upon being
put to a vote, the vote was as follows:
Peggy Evatt, Chairman
Bill Bailey, Vice Chairman
LaKe Lytal
\.!illie.m l1edlen
Dennis Koehler
Absent
Yes
Yes
YC3
Absent
The foregoing resolution was declared duly pe.ssed e.nd e.dopted
this
12th
de.y of
September
, 1978, confirming action
of 24 August 1978.
PALl-j BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COHtHSSIONERS
JOHN B. DUNKLE, Clerk
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AND LEGAL SUFFICIENCY
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THIS I;WarrUrr:, ~;:ld::! this 5th cay of Fcbru~ry, 1975. b:::t,,/;;cn
fL\TIOU:,l HI[~STrllriL D~\'ELOPI~[tlT CC:;PO~TIOil, an m;i 0 corpor-at; on I hav-
ing " r1"cr:: of bu~in::ss at 7620 li1d~2t :"~'I'cct, Youngsto'"m, Ohio 44512,
"j'Jl.ty of tho First Part", and 1I0:!ART-COYllrOn ASSOCIATES, a Joint Ven-
turo cO:::isting of HOl1l<:lrt O~velopmcnt Co.. a D~la\lare corporation. and
B~yntGil L:lJcll. Ine", a Flvr1da corporation, "Party of the Second Partll,
Th~ pl;~cc of bu:;1ncss of the Vent!1re is 7620 rlarket Street. YOUn9stO'.m,
Chio ~4512.
NIT ~ E SSE T H:
Th"'t tho said Party of the First Part, lor and ill ce.rns:Jeration
of the '''" of Ton Dollars ($10.00), in fland paid by the said Party of
t!:J 5:':c::d P~rt, th,~ roccipt of \":hich is hcr~by ackno~'lledged~ has grant-
d, L:-oS'.incd i;.:ld sold nnd by th:.sc [Jlc~cnts 00::5 grunt, bargain and
~~:,}11 l!~to th~ s<Jid Party of t:.:l S2CO;ld Pert, all the r~gllt. title, in.
tares":, cl.:;iril J:ld 1~2r.und t:hich th'J sllid rarty of th~ First Part hilS in
and t.1) t:." fallning d~scrib:d po.rc01 cf lund:
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seal to b'"l 11:;\':;.:,'1':0 J.'i'fixcd, by it: ptC~;2r officc:~ th::.:r2unto duly
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5S:
COUilT'.' Of l'i.r\IlOiIUiG
C'2fore ~::! a r~otilry Public. ill ilnd for said County ~LIlJ Stat~.
pCI.~oi.}lly ':;PP2cr3d the above nam;:d Rc~crt J. Scl1reH:;:r and l\rLliur D.
I:Jl1<..::1.;,,;, Jr.. knc':n to rl:~ to b~ the Vice Plcsid':lnt D.nJ 5CCrJt.JI'YI re-
spocti ','oly. of r:ATIOiIAL I1IUUSTRIAL DEVELOI'ilElIT CO~POr,ATIO:I. \.':10 ac-
kno',llc,IC:.d that tIny did sign and !:cal tll~ forc~cl'ing instru" :nt for,
and on b':~li)l f of said C01'pol~ation. Gnd thD.t tb~ scn:::! is tile fr.::~ act
allJ r':::d il3 such off1ccl's ilnd the fr.:c iJct and d:wd of said corporation.
JlI H,TlIIOIIY 1:IlEREOF. I have hc,."unto set lilY hand and of-
fid,~.l s0al at Youn9stG~,'n, Ohio. this 5th doy of February. 1975. ., ""., ,
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AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority duly authorized to
take oaths appeared DELLA L. THOMAS, hereinafter known as "Affiant",
who, after being duly sworn on oath, states that:
To the best of Affiant's knowledge and belief, the
attached list is a complete and accurate list of all property
owners, mailing addresses and legal descriptions of all property
within 400 feet of the subject parcel for which rezoning is
sought (a legal description of the subject parcel is attached
hereto as Exhibit "A") and is recorded in the latest official tax
rolls in the Palm Beach County Courthouse.
FURTHER AFFIANT SAYETH NOT.
AC1u~~
DELLA L. THO
SWORN TO AND SUBSCRIBED before me on this J 'lfh day
of ~J.Q~
, 1982.
.,L'
~ - C1:h T
Wr!l ,C: /L{).~.5L
NOT Y PUBLIC
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i\J'GIT'2\.:RY SEAL
'I,'
My Commission Expires:
,
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i I. 1 (~
Notary Public, Stat. 01 Florid. at Lar~e
My Commiuion Expir.s N.v, 26. 1983
Bond~d Iy Arner;e"'n fite &. CiIllllalty Comp40Y
1.
03-43-45-20-01-000-0680 Klatt, Ernest
P.O. Box 1477
Boynton Beach, FL 33435
2. 00-43-45-19-05-015-0020 First American Bank of Palm
Beach County
401 Northlake Blvd.
North Palm Beach, FL 33408
3. 00-43-45-19-05-031-0020 First Federal Savings & Loan
Association of Lake Worth
2601 10th Avenue North
Lake Worth, FL 33461
20-45-43, PB 7, P 20
Lts 68 to 76 & 78 to 80 INC.,
Lt 77 W of CNL & Lts 81 to 93
INC/less W 50 ft Rd R/W & Aban-
doned 30 ft Rds AOJ to said
Lts.
19-45-43, PB 7, P 19
Th pt of TRS 15 & 16 as in
OR 3489, P 59
19-4-43, PB 7, P 19
Th pt of S 634.64 ft of TRS
31, 32 & 33 as in OR 3494,
P 675
';/5/82
( Re f Owg)
( ~ 2)
BOYNTON BleACH n^L[.,
PARCEL ~2
Being a tL'iCt of land locClterl in
South, l\ClwJe 43 East, County of
furtheL descLibed as,follows:
sr:ection 19,
pa 1m Beach,
TO;1I1 s hip 4 5
Florida ilnd
Beginning at the southeast COLneL of Section 19, T 45 S,R 43
E; Thence N 000 59' 39" W along the east line of sa id
Section 19. a distance of 2028.l1 fer:et to a [J'"Jint; thence S
890 00' 2l" \'1 a distance of 60.00 fe<=t to a point on the
westr:eLly Light-of-way line of Con<Jl'ess l\Venllr:e, said point
being the l'Lincipal point and place of beginning of the
following description:
Thencr:e S 430 32' 54" W a distance of 57.02 feet to a point;
thence S 880 05' 26 W a distancr:e of 608.00 feet to a po i n t ;
thence N 000 59' 39 W a distance of 229.99 feet to a point;
thence N 8!Jo 05' 26 E a distance of 340.00 feet to a po i n t ;
thence N 000 59 ' 39 W a distancr:e of 150.00 fee t to a po i n t ;
thence S 8130 05' 26 W a rlistance of 340.00 feet to a poi nt;
thence N 000 59' 39 \'1 a distance of 230.00 feet to a poi nt:;
thence N 880 05' 2fi E a distance of 608.00 feet to a po i n t ;
thence S 460 27' 06" E a distance of 56.1.1 feet to a point on
the westerly Light-of~way line of ConY-Less ^venue; thence S
000 59 .. 39" E along the wester-ly Li'Jht-o f-'wilY line <) f
Congress ^vcl1l1e, a distance of 529.9 'l fee t to the pLincip'd
point (l.nrl p la ce of beginning and containing 7.87 acres ()f
land, mOLe OL less.
EXHIBIT "A"
3/3/82
( R8 f Dwg)
PA -l
BOYNTON IJlci\Cfl MALL
PARCF:L #3
Bein,! a trAct of land 10celt0d in
South, R'lnge 43 East, County of
further described as follows:
Section 19,
pa lm Beach,
'To \.i n s hip 4 S
Florida and
Beginning at the southeast corner of Section 19, T 45 S,R 43
E; Thence HOD" 59' 39" \v along the eClst line of saUl
Section 19, a distance of 2728,11 feet to a point; thence S
89" 00' 2l" Iv a distance of 60.00 feet to a point on the
Hesterly rlcjht-of-Hay line of Con'3L'=sS Avenue, 5el id point
being th8 [lrincipal point and plac8 Df b8ginning of the
following descLiption:
Thence S 43" 32' 54" W a distance of 57.02 feet to
thence S 88" 05' 26" W a distance of 430.00 feet to
thence N 00. 59' 39" W a distance of 609.99 feet to
thence N 88" 05' 26" E a disL'\nce of 430.00 feet to
thence S 4(," 27' 06" E a distAnce of 56.1l feet to a
the westerly ri'Jht-of-way line o( Congress Avenue;
DO" 59' 39" E along the westlCrly ri<jht-of-'.vay
Cony res" Avenlle, a distanc" of 529.9Q feet to the
point and place of beginniny and containing 6.54
land, more or less.
EXHIBIT "An
a po i n t ;
a po in t;
a po i n t ;
a point;
point on
th8nce S
line of
principal
acres of
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BOYNTON BEACH MALL
DEVELOPMENT AGREEMENT
Boynton Beach, Inc. is the Owner of certain real property, hereinafter
referred to as the "property", situated in the City of Boynton Beach,
Palm Beach County, Florida and shown on Exhibit "A" and more particularly
described in Exhibit "A-I", attached hereto.
Boynton Beach, Inc. (Owner) and the City of Boynton Beach (City) hereby
agree that the property will be developed in basic conformance with the
drawings, specifications, documents, etc., listed on Exhibit "E" and
the following terms, conditions, requirements, etc.:
Section 1
Zoning
C-3 (Corrununity Commercial) will permit development of the regional
mall - 108.30 acres in accordance with the drawings, specifications,
etc., set forth on Exhibit "B".
No variances, special exceptions, etc., will be required to permit
the development of the regional mall as shown on the drawings,
specifications, etc., listed on Exhibit "B" with the exception
of the following:
Parking Lot Regulations
Section 5-l4l(d) - ELimination of the required concrete curb stop.
Section 5-l4l(k) - Eliminate the required double line painted strips.
Zoning Regulations
Section 4(L) - Eliminate required construction of a 6' masonry
wall along west boundary between Old Boynton Road and the drainage
canal.
Section 2
Development of Regional Impact (DRI)
The "property" will be developed in accordance with the Development
Order, pursuant to Section 380.06 (14)(e), Florida Statutes,
incorporating the provisions of Palm Beach County Resolution
No. R-74-343, a copy of which is attached hereto as Exhibit "C".
Section 3
Platting & Subdivision
In accordance with the defintion of the term "subdivision" as con-
tained in the City of Boynton Beach Code regulating subdivisions,
the City agrees that the proposed division of land as set forth
in the plan'attached hereto as Exhibit "D" will not be deemed a
subdivision within the meaning of the City Code under the following
conditions:
a. Any division of the subject property will result in all parcels
of land being more than five (5) acres in area.
b. Division of the subject property will not, in and of itself,
involve any changes in street lines or public easements of
any kind.
,
c. The development of the subject property as a regional mall will
involve the dediction of new public easements. These easements
will be dedicated to the City after the improvements have been
installed and accepted by the City, with the easement dedications
being based on as-built drawings. While conveyances of portions
of the propert to th e artment store tenants of the mall
occur prlor to the actua installation of the public
utilit~es for which easements will be g~
~ '1 d.-. -'-. - ~I ~.~ --.:.1/..-..r;;'
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Section 3
Platting & Subdivision (cont'd)
1\0
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d. No certificate of occupancy will be issued for any building f
connected with the mall prior to dedication of the public .
easements to the City.
Based on the conditions set forth above, it is agreed that a sub- ~~
division plat will not be required for the regional mall tract '
(108.30 ac.) and for parcel #2 (7.87 ac.) and parcel #3 (6.54 ac.~ (
and that the sale of (l) any and all parcels within the regional ~ I
mall tract to the various department stores and (2) parcel #2 and f_
#3 can be conveyed by metes and bounds description only. ~
It is further agreed that given the condtions set forth above, the
subdivision regulations of the City of Boynton Beach will not apply
to this "property."
Section 4
Off-Site Improvements
Off-site (beyond the boundary limits of the "property") improve-
ments for the development of the regional mall as shown on
SP-l and SP-2 and parcel #l, #2, #3 and #4 will be limited to
the following:
a. Highway & Access
1. Connector road between New Boynton Road (SR 804) and
Old Boynton Road (Boynton West Road), opposite mall
entrance rIB".
The Owner under an agreement with William Winchester,
the Owner of the property between Old Boynton Road and
New Boynton Road (SR 804) will construct a four (4)
lane roadway with median and separate left turn lanes
between mall entrance "B" on Old Boynton Road to an
intersection with New Boynton Road (SR 804), approx-
imately l037 feet west of Congress Ave. This roadway
will be constructed to Palm Beach County standards
and will be dedicated to Palm Beach County upon
completion and acceptance of construction. The con-
struction will be limited to roadway (including striping,
and signing) and drainage improvements only.
Signalization at the intersection of the connector road
and New Bovnton Road (SR 804) and the connector road and Old
Boynton Rd. (Ent."B") will be installed by Palm Beach County
per Section 5h)ii) and 5h)iii) of the "Agreement for
roadway improvements" dated December 22, 1981 between
Palm Beach County, Homart-Boynton Associates, and the
Edward J. DeBartolo Corporation attached hereto as
Exhibit "E".
2. Old Boynton Road (Boynton West Road)
The "Owner" will construct the following improvements
on Old Boynton Road in accordance with Section 2 b)
and 2 c) of the "Agreement for Roadway Improvements"
(Exhibit "E"):
At the intersection of Old Boynton Road and Mall Access
Road tlB"
i) Left turn lanes north and south approach
ii) Left turn lane west approach
iii) Right turn lane east approach
2
Section 4
Off-Site Improvements
At the intersection of Old Boynton Road and Mall
Access Road "A"
i)
Left turn lane west approach
ii)
Two lane north approach
iii)
Right turn lane east approach
The requirements and conditions for the Old Boynton
Road improvements will be as follows:
i) The improvements will be constructed as a rural
section with the possible exception of isolated
and limited curb and gutters which shall only be
required when curb and gutter is the only
engineering solution that will cause the said
roadway improvements to function properly.
ii) The improvements will be constructed with open
drainage and with only normal ditch section with
the possible exception of isolated and limited
enclosed storm sewers which shall only be required
when enclosed storm sewers are the only engineering
solution that will cause the said improvements to
function properly.
iii)
An 8' wide asphalt or 6' wide concrete bike path
will be installed on the north side vf Old Boynton
Road along the property frontage only.
iv) Overlay and add to existing pavement.
v) No street lighting.
vi) Storm sewer improvement limited to extension
of existing culvert crossing.
3. All other highway and access improvements required for the
development of the "property" has been or will be completed
in accordance with the terms and conditions of the December
22, 1981 agreement between Palm Beach County, Homart-
Boynton Associates and the Edward J. DeBartolo Corporation
attached hereto as Exhibit "E".
4. The "Owner" and the "City" mutually agree that the faith-
ful performance and completion by the Owner of 1) and
2) above shall relieve the Owner(s), his successors,
assigns or transferees of any further obligations for
highway and access improvements as a result or as a
condition to the development of the "property" and
outparcels #1, #2, #3 and #4.
The "City" and the "Owner" also agree that the "property"
and the outparcels (#1 through #4) will not be subject
to any road impact fees, assessments, or similar charges
for off-site highways.
b. Utilities
1. Cost participat ion in exist ing 16" sanitary force main
and 16" water along the "property" frontage on Congress
Avenue ~
Owner shall pay the City t~r fair share of the cost of the
16" water line and the 16" sewer force main which will serve
the "property". This share shall be paid prior to the accept-
ance by the City of the on-site water and sewer systems.
Owner's cost shall be $43,635.95 plus the increase in the
ENR construction index between February 3, 1981 and the date
that payment is made as indicated above.
3
Section 4
Off-Site Improvements (cont'd)
2. Cost participation in proposed 20" water main in Old
Boynton Road
The 20" water main to be constructed on Old Boynton
Road shall be designed by the City's engineers and con-
structed by the City under City supervision. The "Owner"
shall participate in these costs as outlined in Chapter
26-34 of the City's code of ordinances. In this instance,
the rates will be the carrying capacity of a lO" water
line vs. a 20" water line. The City's engineers will
prepare an estimate of the total cost and based upon this
estimate, "Owner" will escrow their estimated share of
the costs. After completion and acceptance by the City,
final costs will be compiled and the "Owners" share will
be adjusted upward or downward accordingly with Owner
either giving additional funds to cover their share or
the City returning to the "Owner" the excess from the
escrow account.
3.
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4
Section 5
On-Site Improvements
On-site (wi thin the boundary limi tes of the "property") improve-
ments required for the development of the regional mall as shown
on SP-l and SP-2 and Parcel "2" and "3" will be as follows:
a. Storm Water Management
The storm water management system to serve the regional mall
(l08.30 ac.) ond Parcel #1, #2, #3, and #4 includes the
construction of an enclosed storm sewer system as shown on
Drawing No. M-l, four (4) retention ponds as shown on Dwg.
No.3, and connection to Lake Worth Drainage District's
L-23 and Boynton Canal by control structures detailed on
Dwg. No. M-lB.
The storm water management system will be constructed,
operated, and maintained by the owner.
The requirements and conditions governing the construction,
operation, and maintenance of the storm sewer management
system will be per the applicable drawings and specifications
listed on Exhibit "B" and the following report, correspondence,
approvals and permits:
1. South Florida Water Management (SFWMD) permit material
a. Water Management Permit Application report dated
May, 1981
b. SFWMD Staff Report dated August 26, 1981
c. SFWMD Surface Water Management Permit No. 50-00860-S
dated September 10, 1981
d. Letter from Charles A. Hall dated November 5, 1981
which describes the adequacy of the on-site storm
water management facilities
e. SFWMD permit modification letter and staff report
dated June lO, 1982
2. Florida Department of Environmental Regulation (DER)
a. DER form letter dated August 3, 1981 requesting
additional information for a permit requirement
determination
b. Letter from Gee & Jenson dated August 19, 1981
written to DER in response to their August 3, 1981
letter.
c. Letter from DER dated August 26, 1981 outlining the
adequacy of Gee & Jenson response letter dated August
19, 1981.
d. Letter to C.A. Corroto dated February 17, 1982 which
explains the inter-relationship between SFWMD and
DER permitting for this development
3. Lake Worth Drainage District
a. Letter from Lake Worth Drainage District dated
July l3, 1981 approving the Boynton Beach Mall
connection to their facilities.
b. Sanitary Sewer
The "City" agrees that there is presently sewage treatment plant
and line capacity available to accept the flows generated by the
proposed development of the "property" and outparcels, and that
there is presently no sewer moratorium, etc., that would prohibit
or restrict the development of the "property" of the outparcels.
5
Section 5
On-Site Improvements (cant'd)
The "Owner" will install the on~site gravity system, the sanitary
pumping station, and the force main from the pumping station to
the existing l6" F.M. along Congress Avenue in accordance with
Drawing No. M-lA and M-2 and applicable specifications listed on
Exhibit "B" and the pump station plans and specifications prepared
by Gee & Jenson. It is agreed that these drawings and specifications
have been prepared and are in conformance with the requirements and
standards of the City of Boynton Beach.
It is further agreed that upon completion of construction of the
on-site gravity system shown on Drawing No. M-2 (excluding those
portions of the system under the building-between manhole #6
and #7 and manhole #l6 and #l7) and the pump station and force
main, in accordance with the City requirements, the City will
accept dedication of the system for ownership, maintenance,
and operation.
Upon completion of construction and acceptance by the City, the
Owner will:
1. Grant to the Ci ty, a lO' wide (if depth or gravity line is
8' or less) or l5' wide (if over 8' in depth) easement over
that portion of the gravity system to be maintained by
the City and;
2. Deed (warranty deed) a 30' x 30' (or a modified size and
configuration to be mutually agreed upon by the Owner and
the City) pump station site to the City.
The City will require a TV inspection and a one (10 year main-
tenance bond as a condition of final acceptance.
With regard to Outparcels #l (owned by First Federal of Lake
Worth) and #2 (owned by First American Bank), the Owner will
agree to extend the on-site sanitary sewer system to the
respective parcels subject to the following conditions:
Parcel #l -
1('18% sf the
"4~'(.
1.
First Federal of Lake Worth must agree to pay:
680t sf:
The gravity system between manhole #29 and manhole
#l9, including stubs to their parcel,
2. Pay lOO% of the cost to oversize that portion of
the system between manhole #l9 and the pumping
station if required to accomodate the sewage flow
from parcel #1,
3. Pay pro rata share (based on gallonage) of the total
cost of the pumping station and force main to the
existing force main in Congress Ave.
Parcel #4 - First American Bank must agree to:
l. Pay lOO% of the cost of the gravity system between
Manhole #32 and Manhole #8, including stubs to their
parcel,
2. Pay lOO% of the cost to oversize that portion of the
system between Manhole #~ and the pumping station
'if required to accomodate the sewage flow from Parcel
#4.
3. Pay pro rata share (based on gallonage) of the total
cost of the pumping station and force main to the
existing force main on Congress Ave.
6
Section 5
On-Site Improvements (cont'd)
If the Owner of Parcel #l and #4 do not agree to pay prior to
co~nencement of construction, all costs (engineering, construction,
etc.) required to provide service to their parcel(s) via the
extension and oversizing of the mall system, the Owner can delete
those portions of the system.
c. Water
The "City" agrees that there is presently plant and line
capaci ty available to, :satisfy the domestic and fire flow
demand requirements for the proposed development of the
"property" and outparcels #1, #2, #3 and #4, that this
capacity will be reserved for the property and the out-
parcels, and that there is presently no moratoriums, etc.,
that would prohibit or restrict the development of the
"property" or the outparcels.
The "Owner" will install the on-site water distribution
system in accordance with Dwg. M-3, and M-3A and the
site water specifications (Section l5010, 15050, and 15200).
It is agreed that these drawings and specifications have been
prepared and are in conformance with the requirements and
standards of the City of Boynton Beach.
It is further agreed that upon completion of construction of
the on-site water distribution system shown on Dwg. No. M-3
in accordance with City requirements, the City will accept
dedication of the system for their ownership, maintenance
and operation.
Upon completion of construction and acceptance by the City,
the Owner will grant a lO' wide easement over that portion
of the system to be maintained by the City.
The City will accept the on-site water distribution system
(including hydrants, and all appurtenances) from the pUblic
mains in Congress Ave. and Old Boynton Road (proposed) up
to and including the water meters.
The water laterals from the main loop will be combination
fire and domestic lines.
Fire hydrants and Fire Department connections shall be
accessible, unobscured, and protected as necessary.
Site water mains and laterals are to be ductile iron pipe
class 50. Service lines from submains to water meters are
to be polyethelene 3406 PVC, copper, etc., may be used on
the customer side of the water meters.
Water main taps shall be cast iron split tee with valve.
7
Section 6
Development Fees & Charges
The development of the "property" will not be subject to any
impact fees, capital improvement contributions, assessments,
etc., with the exception of the following:
l. Capital facilities charges for water and sanitary sewer
service and appropriate meter installation charges will
be the responsibility of each individual department store
and small shop center section tenant. Fees will be cal-
culated by the Building Department and payable by each
individual store prior to the Building Department's
issuance of building permits. This is in accordance
with Chapter 26-34 of the code of ordinances.
2. Cost participation by Owner in existing water and san-
itary lines in Congress Ave. as described in Section
4b.l.
3. Cost participation by Owner in the proposed 20" water
main in Old Boynton Road as described in Section 4b.2.
8
Section 7
Development Conditions, Standards & Criteria
A. SITE
l. Parking lot lighting will be energy efficient, high
intensity discharge metal halide lamps.
2. Signs
The location of the shopping center identification and
vehicle directional signs are shown on Drawing No. SP-l.
These signs will be as detailed on Dwg. MS-l and MS-2.
3. Storm lines and retention basins shall be sized to include
alc condensate.
4. Landscaping
Based on the site and building landscape plans (Drawing
No. L-A, L-B, L-C, L-D, BP-l, BP-2, and BP-3) , the require-
ments of the landscape ordinance and any other ordinance
pertaining to Landscape and open space requirements have
been satisfied. The final landscape construction plans
will be prepared and in conformance with the plans listed
above.
5. Based on the existing vegetation on the property, a tree
preservation permit is not required.
9
Section 7
Development Conditions, Standards, & Criteria
B. BUILDINGS
l. General
a. Applicable Building Codes will apply:
Boynton Beach - Code of Ordinances
Standard Building Code - 1982 Edition
Standard Mechanical Code - 1982 Edition
Standard Plumbing Code - 1982 Edition
Stanard Electrical Code - 1981 Edition
1978 Florida Model Energy Code w/l982 amendments
(Climate Zone 8)
NFPA lOl Life Safety Code - 1981 Edition
Florida Handicap Code - 1978 Edition, 5th Printing
NFPA 1982 Edition
b. Building permit fees will be based on the local
permit fee schedules. In arriving at the permit fee
evaluations regarding the specialty shop/mall shell
valuations, the specialty shop tenants will pay 60%
and the mall will bay 40% of the permit fees. The
mall's share of 40% shall represent the shell portion.
c. An Engineer's seal is required on the structural drawings
and specs. An Architect's seal and signature is
acceptable on the balance of plans and specs.
d. It is understood that when submitting plans for a
building permit, the plans examination fee, which is
30% of the permit fee, shall be paid with the permit
application. Owner will pay the complete fee 100% at
the time of filing for application.
e. Two (2) set of plans and specifications are required for
a Building Permit. Three (3) sets of plans and specs
will be required for a Food Service operation permit.
f. The architect's and engineer's signature on the plans
and specs must be over the embossed seal.
g. The mall street and mailing address will be:
Boynton Beach Mall
801 North Congress Ave.
Boynton Beach, Florida 33435
All rooms receiving mail will be three (3) digit odd
numbers.
h. The Owner will review tenant plans on the basis of their
meeting lease requirements. The Building Department
will review tenant plans and issue building permits on
the basis of their meeting code requirements. No tenant
may start construction without obtaining approvals from
both. The Owner's agent will send a copy of the
release correspondence to the Building Department for
coordination and information only.
i. "The Ownpr will be the general contractor under the
license of Mr. A.C. Rigas who is a "certified" general
contractor in the State of Florida. The Owner shall
furnish to the City a copy of Mr. Rigas' certification
and a letter of authorization listing the names of
persons authorized to make permit applications in his
behalf.
j. Each food operation must obtain Health Dept. plan approval.
lO
B. BUILDINGS (cont'd)
k. Four (4) sets each of mall sprinkler and sprinkler alarm
drawings (hydraulics, if applicable) shall be submitted
to the Building Dept. who will review and then turn over
to the Fire Department for approval. Also, each tenant
will have to furnish four (4) sets of drawings and
hydraulics (if applicable) to the Building Department.
2, Building
a. Upon completion of the mall, certain spaces will remain
unleased temporarily. These unleased spaces will be
provided with temporary storefronts constructed of
metal studs and drywall to a height of approximately
8'-0"+. The remaining opening of approximately 4" will
be draped with visquene to prevent loss of mall air
conditioning and also to prevent dust from entering the
the mall area and adjacent specialty shops. This
method has been determined acceptable since it is an
unoccupied area.
b. The mall roof structure will be designed based on the
Standard Building Code 1982 Edition with the 20lbs/sq. ft.
live load horizontal projection as a minimum criteria.
Further, the specific structural considerations for the
roof design, in addition to the 20 psf live load, will be
proper analysis of allroof areas that ponding will occur,
design of all relief scuppers and relief drains to handle
overflow drainage and general design of all areas of the
roof that 20 psf live load could exceed in accordance
with the Standard Building Code and acceptable engineering
practices in the State of Florida.
c. The mall center section type of construction will be
Group M - Type IV, unprotected steel, unlimited area,
single story.
d. The multi-story department stores type of construction
will be Group M - Type II, protected steel, unlimited
area.
e. Fire exit corridor walls will be 8" concrete block. No
ceiling is required. Doors into the corridor from the
mall will be B label doors at the rear of the tenant's
spaces and will swing l80 degrees in the direction of
travel of the fire corridor. The corridors will be
sprinklered.
f. Tenant spaces shall be separated by 1 hour walls con-
sisting of metal studs with 5/8" type X plasterboard
on both sides tight to the underside of the roof deck.
g. There shall be a separation above the ceiling between
the tenant's storefronts and the concourse area (no fire
rating required).
h. Maximum travel distance to an exit corridor in a sprinklered
building is 200'. Therefore, the fire exit corridors can
be a maximum of 400' on center.
i. Mall construction would consist of masonry exterior walls,
"Il" columns, steel bar joists, poured gypsum or formboard
or equal 20 year bonded roof, and that the building would
be totally sprinklered.
j, Multi-story buildings must have accessibility panels for
Fire Department Use.
k. A soils report must be submitted along with the foundation
permit application. This report will include a split-spoon
penetration test showing the blow county per foot and the
type of soil encountered. These penetrations will be made
at 50 foot intervals under all foundations.
11
B. BUILDINGS (cont'd)
l. Kiosks are permitted provided they are constructed per
the building code.
3. Signs
a. Building wall signs will be interpreted as "flat" signs
under the Sign Ordinance. On this basis, the signs may
not exceed lO% of each face area and may also be illuminated.
b. Storefront signs inside the mall do not require a permit
from the City and must therefore meet only the mall
design/sign criteria.
c. Exterior building wall signs are permitted and allowed
to cover up to 10% of the exterior wall area of a mall
center section store. Each major department store may
also apply this lO% rule to each exterior elevation of
their individual stores.
4. Mechanical
a. Water meters to be installed onlines over 2" will require
a bypass.
b. Detector checks and meters are not required for neither
mall nor department stores. Backflow preventers are not
required on domestic services for general water service.
c. Water meters are to bo placed in pits in the sidewalks.
d. Air conditioning condensate need not be piped to roof
drains. Tenants will, however, be required to install
a splash pan or similar material on the roof.
Tenant rooftop units as well as mall rooftop units
will be required to have a walkway material such as Carey
Tred installed around the perimeter of each unit.
e. Mall fountains and elevator or escalator pits shall be
drained to the storm system.
f. Interior sanitary sewer with stubs in each tenant space
will be provided and which is acceptable to the City.
g. 750 gallon minimum exterior grease interceptors shall
be provided for large food operations and food boutique
tenants.
h. Trash compactors require a slab to be sloped to a floor
drain which shall be connected to a separate grease. trap
or tied to one which services a restaurant. This grease
trap shall be connected to the sanitary system.
i. Each food boutique tenant shall have a toilet room.
j. Stores with 10 or more employees shall have 2 toilet rooms.
9 or less, one toilet room (also applies to food boutique
tenants) .
k.The mall maintenance garage floor drain shall be either
the sand and grease types or combination sand and grease
type.
l. PVC schedule 40 pipe shall be used for interior storm and
sanitary lines except that it cannot penetrate or be used
in a fire wall, floor or ceiling.
m. Emergency roof drains for locked in roo f areas can be tied
into the same storm riser as the prime roof drain.
l2
B. BUILDINGS (cont'd)
n. Fire and smoke stats which must be shut units down, are
required in all return air systems. Roof penetrations
of supply and return ducts will be handled on an individual
basis as to the requirements of fire dampers.
o. Ceilings may be used as return air plenums.
p. Exhaust hoods shall have their own make up air systems.
q. Fiberglas duct is acceptable but must comply with app-
licable codes.
r. Toilet exhaust - Both conventional ceiling exhaust and
ductless exhaust fans are acceptable although ceiling
exhaust fans are strongly recommended.
s. Rooftop units must be fastened to the structural steel.
Method of installation is subject to Building Department
approval.
5. Electrical
a. Emergency lighting with either battery or generator back-
up will be required throughout the mall and in the
individual tenant stores in accordance with Section 5-9
of Life Safety Code lOl; exit signs shall comply with
Section 5-10 of Life Safety Code 101 and SBC Section 1l24.
b. Type "UF" wire is approved for exterior use under the
parking lot and grassed areas provided it is installed
24" below grade.
c. Conduit run below grade may be galvanized heavy wall steel
or schedule "40" P.V.C. plastic. Schedule "80" P.V.C.
should be used in lieu of schedule "40" where advserse
conditions exist. Conduit run above grade may be galvan-
ized heavy wall steel or E.M.T. conduit. P.V.C. conduit
is approved for use on the roof provided it is properly
supported.
d. All non-metallic conduit after the service entrance point
must have a copper grounding conductor run in the conduit.
e. The use of "BX" armored cable is prohibited.
f. Sealtite or Liquidtite conduit cannot exceed 6' in length
and must have a copper grounding conductor run either
inside or outside the conduit.
g. Flexibile metallic conduit (standard greenfield) is approved
in lengths of 6' at indoor dry locations for short connections
to lighting fixtures, etc. Although not strictly required,
it is recommended that a~ounding conductor be run in all
flexible metallic conduit.
h. A #l2 A.W.G. is the minimum wire size permitted for branch
circuits.
i. Aluminum wire is permitted only in sizes #2 or larger.
'Use of all aluminum wire is restricted by exact require-
ments and approvals (see uniform amendment to N.E.C. -
county code).
j. Fixture wire run past the ballast of fluorescent lighting
fixtures must be rated at least 90 degrees C.
k. Individual fusing is not required for fluorescent fixtures
with Class "P" ballast.
13
B. BUILDING (cont'd)
l. The meter points will be bus in trough protected by a
main switch. The rule of six (6) main disconnects will
apply to each meter point. Meter rooms are not required,
meter points will be mounted on the exterior of the
building.
m. Individual disconnects at the meter points will be used
for room services. A main disconnect in the tenant rooms
is not required if an individual room disconnect is
installed at the meter point, however, it is recommended
that a main disconnect be installed in the tenant's panel.
n. Direct feeding of individual rooms underground from the
transformer vault will be permitted provided that a
disconnect switch is installed at the point the service
enters the room.
o. Service entrance grounding is accomplished by means of
a driven grounding electrode. The building's metallic
water piping system must be effectively bonded to the
grounding electrode conductor. It is recommended that
the building steel also be bonded although it is not
required.
p. The use of double locknuts is recognized for ground con-
tinuity on metallic conduit provided the equipment hole is
punched to the proper size. Where concentric or eccentric
knock outs are utilized, a bonding type busing with a
jumper wire will be required.
q. Circuit directories for panels must have permanent ident-
ification markings (preferably type written).
r. The proper color coding of wire is as follows: 208 volt
system; "A" phase - black, "BT! phase - red, "e" phase-
blue, "neutral" - white. 480 volt system; "A" phase -
brown, "B" phase - orange, "C" phase - yellow, "neutral" -
gray. Color coding may be accomplished by either taped
or painted ends.
s. All HVAC units must comply with the manufacturer's name-
plate rating for overcurrent protective devices. Where
the nameplate markings specify a maximum fuse size for
the unit, fuses only will be acceptable as the overcurrent
protective devic~
t. All fuses and circuit breakers shall comply with Article
llO~9 of the N.E.C. regarding the interrupting ratings of
protective devices. For purposes of determining the
available fault current which the protective devices must
interrupt, the Inspection Department will use fault
cu-rent information supplied to them by the Power Co.
u. Individual meter point disconnects for the tenant rooms
must be labeled to indicate the number of the room being
served. Where more than one main switch is located at a
meter point, each must be identified as a "main disconnect."
Identification markings for meter point service disconnects
'must be a permanent type. Etched micarta nameplates are
acceptable for this purpose.
v. All air-conditioning and heating components installed on
the roof must have a 120 volt a/c convenience outlet
located convenient to the general equipment area.
w. The metallic water piping system ground connection should be
kept out of the electric closets. The bonding jumper ground
wire IS-permitted to be run up to 8' outside of the electric
closet to reach the water piping connector point. Mechanical
protection should be provided for the ground wire where it
is subject to physical damage.
l4
B. BUILDING (cont'd)
x. In accordance with Article 4l0-65(c) of the N.B.e., all
recessed incandescent lighting fixtures shall have thermal
protection and shall be so identified as thermally protected.
y. In accordance with Article 4l0-66 of the N.E.e., thermal
insulation, including insulated H.V.A.e. ductowrk, shall
not be installed within three (3) inches of the recessed
fixtures enclosure, wiring compartment, or ballast and
shall not be so installed above the fixture as to entrap
heat or prevent the free circulation of air unless the
fixture is otherwise identified for installation within
thermal insulation.
z. Where recessed lighting fixtures are installed in a fire
rated ceiling, (such as the lower level ceilings of a
multi-level department store), the U.L. design standards
as listed in the 1982 fire resistance directory will
apply to the mounting, enclosing and support of the
fixtures.
6. Fire Protection
~Q.
().
cD
~~.
Unleased areas need not be sprinklered. However, should
any unleased 'area be used for storage of any sort, the
interior metal stud divider walls must be 5/8" type X
drywall applied from existing floor and sealed tight to
the underside of roofd2ck.
b.
Fire extinguishers shall not be required within the fire
exit corridors.
c.
The entire mall center section, specialty shops, and
department stores will be totally sprinklered.
Wall post indicator valves will be used in lieu of yard
post indicator valves out in the parking lot.
e.
A siamese connection (Fire Dept. connection) shall be
located at each riser.
f.
The mall is not located in a fire district.
g.
The sprinkler system can be either schedule pipe or hy-
draulically calculated system (Ordinary Gruop Hazard II).
h.
Sprinklers are not required in switchgear, telephone
equipment, electrical meter and elevator equipment rooms,
elevator shafts, walk-in coolers and freezers.
i.
Wall indicator valves may be chained.
The mall, concourse and tenant areas are allowed to be
fed from the same sprinkler.
k.
The Fire Department utilizes National Standard Tread.
1.
Fire hydrants are to have 4-l/2" steamer connections.
m.
2-1/2" hose valves shall be located in all fire exit
'corridors, 6'-0" back from door leading into concourse
area. Hose valves are not required to be in cabinets,
n.
The 2-1/2" hose valves will be supplied off the sprinkler
systems across mains.
Unleased tenant areas are not required to have a sprinkler
system.
l5
-~
B. BUILDING (cont'd)
p. The Fire Department is requiring all tenants to have a
lO lb. multi-purpose fire extinquisher located at a
maximum travel distance of 75' from any point in each
room. Also lO lb. multi-purpose fire extinguishers are
required in telephone equipment, switchgear and electrical
meter rooms.
q. A remote fire alarm panel shall be supervised by a remote
monitoring station such as Honeywell, ADT, or Security
Central.
r. Alarm bells are not required throughout the mall.
APPROVED AND ACCEPTED THIS
OF October ,1982 by:
26th
DAY
BOY~~
BY R BERT J. SC REIBER,
Vice President
CITY OF BOYNTON BEACH, FLORIDA
BY
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Corporation
CRD NO: ............................................................
ROAD .............JAY.E.R'J:...SI.REET.....................
RIGHT - OF - WAY DEED
TIllS INDENTURE Made this............... day of .............................................. AU, 19..........
between.........HOMART." BOYN.TON..ASSOCIATES.,...a..Ja.i.n.t..1T.en.tu..e.....................................
...........................................................-..................................-..................................................................
a corporation organized and existing under the laws of the State of ........................................... having
its principal place of business in the City or....................................., County of....................................,
State of .........................................., as party of the first part, and COUNTY OF PALM BEACH, IN
THE SI'ATE OF FLORIDA, as party of the second part.
WITNESSETH, that the party of the first part, for and in eonsideration of the sum of One
Dollar and other valuable considerations paid, receipt of which is hereby acknowledged, does hereby
grant, remise, release, quit claim and convey unto the party of the second part, its successors and as.
signs forever the followlng described land, situate, lying and being in the County of Palm Beach, State
of Florida, to-wit:
The West 20 feet of Tracts 30 and 38 of the
Subdivision of Section 19, Township 45 South,
Range 43 East, as recorded in Plat Book 7,
page 19, Public Records of Palm Beach County,
Florida.
Together with the West 40 feet of the Southwest
1/4 of the Northeast 1/4 of said Section 19; LESS
the North 70 feet thereof.
Containing 1.73 acres more or less.
.
This instrument prepared
Rickey Farrell
By County Attomey,'s office
P.O. Box 1989
West Palm Beach. Fla. 33402
TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances
thereto belonging or in anywise incident or appertaining, and all the estate, right title, interest, and
claim whatsoever the party of the first part, in law or in equity, to the only proper use, benefit and be-
hoof of the said party of the second part, its successors and assigns.
IN WITNESS WHEREOF, the party of the first part has caused these presents to be duly
executed in its name by its ............................. President, and its corporate seal to be hereto affixed, at-
tested by its..............................Secretary, the date first above written.
Signed, sealed and delivereii
in the presence of.
HOMART-BOYNTON ASSOCIATES
BY: .....................................................................
ITS pre.ideal
............................................................................
(CORPORATE SEAL)
Sf ATE OF ..........................................................
COUNTY OF ......................................................
ATrEST: ............................................................
ITS Secre!Cary
Before me personally appeared ...... ............ '" '" ................... ..... ........ ........ ......_..... .... ....... .... ....
and .................................................................................................................... to me well known and
known to me to be the ................................. President and ................................................... Secretary
respectively of ........... ....... ...... ........................ ....... ... .-.... .................................... ... ..... ................... ..........
the corporation named in the foregoing instrument, and known to me to be the persons who as such
officers of said corporation, executed the same; and then and there the said
........ ............_.... .._.. _........ .......... ..... ._.._.. ........ and the said . ........... ........ ...... ....... ....... .,. .................... rli~
acknowledge before me that said instrument is the free act and deed of said corporation by them res-
pectively executed as such officers for the purposes therein expressed: that the seal thereunto attached
is the corporate seal by them in like capacity affixed; all under authority in them duly vested by the
Board of Directors of said Corporation.
WITNESS my hand and official seal this.._..........._.. day of .................._..................... 19........
............................................................................
Notary Public in and for the County
and State aforesaid.
My commission expires:
1t(REV. .2.77)
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CRD NO: ............................................................
ROAD .............JAY.ERT...STREET.....................
RIGHT - OF - WAY DEED
TillS INDENTURE Made this............... day of .............................................. AD., 19..........
between........HQMART." BOYNTON..AS SOCIATES.,...a...JG-i.n.t..V"'"'n.tu~"'"'...................... ...............
................................................................................................................................................................
a corporation organized and existing under the laws of the State of ........................................... having
its principal place of business in the City of...................................... County of.....................................
State of ........................................... as party of the first part. and COUNTY OF PALM BEACH, IN
THE STATE OF FWRIDA. as party of the second part.
WITNESSETH, that the party of the first part, for and in ronsideration of the sum of One
Dollar and other valuable considerations paid. receipt of which is hereby acknowiedged. does hereby
grant. remise, release, quit claim and convey unto the party of the second part, its successors and as-
signs forever the following described land. situate. lying and being in the County of Palm Beach. State
of Florida. to-wit:
The West 20 feet of Tracts 30 and 38 of the
Subdivision of Section 19, Township 45 South,
Range 43 East, as recorded in Plat Book 7,
page 19, Public Records of Palm Beach County,
Florida.
Together with the West 40 feet of the Southwest
1/4 of the Northeast 1/4 of said Section 19; LESS
the North 70 feet thereof.
Containing 1.73 acres more or less.
.
,
This instrument prepared
B Rickey Farrell
y County Attomey,'s office
P.O. Box 1989
T'" '1.",,,,"'1
TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances
thereto belonging or in anywise incident or appertaining, and all the estate, right title, interest, and
claim whatsoever the party of the first part, in law or in equity, to the only proper use, benefit and be-
hoof of the said party of the second part, its successors and assigns.
IN WITNESS WHEREOF, the party of the first part has caused these presents to be duly
executed in its name by its ............................. President, and its corporate seal to be hereto affixed, at-
tested by its..............................Secretary, the date first above written.
Signed, sealed and delivered
in the presence of.
HOMART-BOYNTON ASSOCIATES
............................................................................
BY: .....................................................................
ITS President
............................................................................
(CORPORATE SEAL)
ATTEST: ............................................................
IT S Se cretary
STATE OF .......................:.................................
COUNTY OF ......................................................
Before me personally appeared ...............................................................................................
and .................................................................................................................... to me well known and
known to me to be the ................................. President and ................................................... Secretary
respectively of .................................................................................................................................. .......
the corporation named in the foregoing instrument, and known to me to be the persons who as such
officers of said corporation, executed the same; and then and there the said
..................................................................... and the said ............................................................... di~
acknowledge before me that said instrument is the free act and deed of said corporation by them res-
pectively executed as such officers for the purposes therein expressed: that the seal thereunto attached
is the corporate seal by them in like capacity affixed; all under authority in them duly vested by the
Board of Directors of said Corporation.
WITNESS my hand and official seal this................. day of ........................................ 19........
Notary Public in and for the County
and State aforesaid.
My commission expires:
79(REV. 2-77)
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