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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 attmts. attmts. attmts. & attmts. (j (j ft( -c--U / s.::/ a...::::(, ~ tf!t.-e 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 J~ ,l982. By By ~\ ......~.;,;. ;,' . ~, '. . ( \ "'I . ~ . to .' J/ 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" . ..." ....' .~, r. .' .' " " ~ ..... 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. . ';',... ..;.. ~ .. t. \ .' ...... - " . 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 ~ ,>" - " ... :rllrc.~~ls Gh211 b2 in unified dcv- the subject Special [~ccption. .. . , " : . ;" ii.. 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:"'.<. .' . . 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 By ~"\<)(\. ;, ~~-"_'\. 0:JSlJl..-"';''^''-.C'>~: {\Deputy (j~ erK ~ . \J \J (~.... 1) , '. ,. ~/ ,/ ,- , , , . c , .. 17") ;,- -' ~- - , , /. 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'" ~r:6 w'" 0-'" )-:0 .-1.) <J) wZ <pC:: <J) OZ I-W <J)~ WO :;- -r O::w 0:;- \>J 0:: U U:::l ~ Z lj) ~ <t ~r ~ ~ a:: ~ I-O~ ZZo:: W? (l} 0:: 'i?,'0 o - u.-:r: 0:: l? I- uJ ~~I- :-::- S Z <J) 00 ^ _uJ..,. ~ I- W 4 _ 1-..,. a; f.f'1:::O) ..J O. uJ 0:0 <to I- -z: 0 )<- 'i. c:. U, <p Vl Vl W 0:: (9 Z o U \ \ \ \ \ \ \ \ 1 , \ , \ , \ I \ I:' \ \ I \ , 4 ::? \?- ~ w 3- 0 U. <Jl \ '" '", , \ U z \ I 0 I \ , I.) \ , 'iO " \ , \ , " \ \ \ , \ ,02 ,\7 09 , * / 1$' "i' ., ,r .+ "i , ." ,~ <:l.... ."'. = = ~ ~ or> !..~- . (.0 ~. = , , ' .- ',',".!;; ,,,1 ~ ~'-i \ i~'!~n --- 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: Sit~l.t)d in the COllnh' of h:l.llil L:!..l,:h, State of Florid::l and 1:,1":11 i ~i;:~;' V'I;:'.~l of 1-:1;-( ly-inq in S:!.ctioil 19. TC'..':i::hip ,13 ~.:,:'" ,_.S"~ .~~l. t".:,t, ,"ccl\'dillg t.o t;;::. pl'lt thOT:;O~ r~c(;rd~d ;11 Plat " ;': 7 u ;"'" l~. r't")lic r:r"',-!~ 0; P"lid r:~:ll Cr!:lilty, Florid". b~~ ill:) I. L.' r.,"xticul,lrly (;:-......r.\'.j:, 'oj L,; ~JllL...i: CO,. :.-m:iWJ L.t HI:; ~::tlj;/l'::'-'..:; CUILJ1~ of s:\id S::c\':1an 19, ;;r;; iJ no !J]' 2)" \1, ''": 1.!'i.3'CH'\C~ (I'~' 1:'12.2 ~.~ot; V~:'r,cr.~ 11 e~'} ~Sl ,:T' \!, ,,": di:;i',':1c~ or ell.01 L.'~\:. ~a t:i""l rain!: of l\~ginj)illg of tl1:l p~, ~;"J t'J t::- l1~\.-:fn (~'"'5crlh::d; Ur:rlc~ n C:lo ~JI 2,111 \I, r.1Glig t.h~ i~c:.t:l Ilr\i::-C~.".:J'1 cr Old r.':'',"i1t01l i!(~Jd, u dlst:mcc of 2323.31 f1:t to \1 ~__;:~., 'ia 'i1;:~ [:',:,Ltly n;~; of t:,C Pl;:t o{ l:-::.::;t rOY;lton 2..C. liS I c:~, . , j~1 l'IJ'~ "..j': 15. r'~: 111. r1'~\l1c P':r.c...(I~ of P;...lm C::illh County. norl'!".; Ci';iiC2 PC" 51151" t'!, Jh,lg U;; r.-~t lln"'l of SJ1d Pl;;t of ~:::;t [' ,.;~',:, ,I dJ~t:.'.IIC:. O( 1322.37 f:::t; tL::;lrc S 070 ~B' 21" ~r. <1 di"t>~ll'.: o~ ~O,O r'.::t io.:: !;oi"t iil t;,; El'::;t 1in8 of ~'ho P1Clt of ','::'~ [':'1';,1:(':1 2.,G. ':-_3 i :c..;.1:J t1 I'kt r J~: 15, h-S.) 13. [1'....'11c r1M C,OI::!:' (~; 1.",;1:1 p_.',.,;" (DI.:.l'~/, r:!t.i"J<II. :;Ti.:i,[::'~~ lir;~ also b:111J the [ Jj' ., ' l~ 1 .., ~.,CLh:',1 11ll,; 0',: :31'Ir.i 5,:r:';1:1;1 1'J; t:"':~iC~ tlOO 51' ::i:' ',!. ,d' ;1:1 ,:,'":1l\ ~::~t 1"i;~2, ;:J distC.i..-:: d 1~2L33 f.:::t to a ~,.1;IL. i.'1 11 1!:, ;L) r~.:\; ~__.'''~:: 01-' i',:d iJo.rt.1Ll to tl;~ ~.:>t.-\:;st q~'Jr. 1 '"..::;' 'I _1 lL~ :"icJ~' c~:-1o;) 1;\; tll-.-,C-::, ~30 OJ' 2G" 1:, "I '11 I:" \l':. : 0; ;'; "D.:; . .~ :,) :.\ I i 1':: iil ~'12 '," ii;;- ,"',::.,' .il'~;.. f' SO" 59' :~!" E. ,i~,I:~I',' I:, 'l t ,..~ or ;':,'7.~'1 ;-c~'t t.o t:r: , ,~. J' " , -;i:::; .,J il" _,..i' :,i "\ I ..:,:1 '1.. ll' '1 '1,' "',, I' ,i.\i Cj~irF',r" District :]:;1 ,'..: r', I. lC:J1, Gi-1 r-'L:f.;'~ ::J. 1.17 ' ;1 i,,~'1 ,; a,' ll~ss. . , , . I ~ '), ,L; '. -1- , ....: , \~ " " " '. , '- .' \ , , '-- , " , ,', 'I) , ~. !"" , , , " :'\:'~j ~ .j-.'\. 'L r'~i~;~ -~ I:.<i ;: I~l:i ~~ IV . '"..,. .; i"::I':::;~- I:i, ~~ "'1 u l ;; ~ r ~ " IL! r";~:-'-:(~-" ,H '; --'''.1 (J I ,~, ("") }I n, OLI ,."J !-\~rr I ,10 111 ., I':, ,..J ":[ ., 1 "",1 ;1 I ., I "I ('. I " " , \.,. Il,J." .1: I"j ,,,.:1 1 , , I , i I -..' : ., ,I '-'J' ,1. .,.... "I"') :I,:,~!: .".~:D di ::-](1.1 ~:,~ :=,...+" T.)r, L:~'lj"' uith ..ill und :;lil~ular ;:_- ;::.-.'; .~.~\ ~ "I ,. ,', \ ~~-,:) CJ I ~ ~ ')-- ~I__~ L.__'//~) .... . '( "" ,",'" o~., .f' -. , /~,.-=:.::; ; 'I..' ,1:.,1e:.:.; U,2r:;'!:I~O L2.1011g;il;J 0':" 11; j.ln.v"..,-j~c u[;pcrtidnhl~. 3.nd i" 11 ~' .:.~:c. rig:lt, tHlc. ;ncc\".;st ;:;nJ cl<1irl 1.:lUtsoCVC.t' of L:l::! said Farty 0, l:. ~'j,;:;i: p,j\"'t, uiti;cr ill 1m'l or equ"ity, to th~ Dilly proper l!SC!, (~il~~',:'lt i~;)J uc.;lOof of the soid Pal'ty Of the Second Part. 1111111III11I1I1 ,':11 ti;,] :,Jid Purty of th:~ First Part do::!s hereby fully \'liJr- i':~'c -"'J FT: ~~ -;" ,\ ~:i.-,:' lO ~-~~,) -~? o........~, / / e(1 8 f:Y'~~j , ", 6[ ~ ] 1(.-' :.: ~I,~ "_ . ~', ',,~ 'j 'C i" ::~~, :'~ ,I .. run',; t.l;:! title to ~cid l<:nd, J.nd \'Jill c2f:ild the s,)m~ a9ainst the l,,',lful c1G;n,) of ;:'1 p~r.:;ons WlIOILic:.!v3r. Ifl \T:':,~=:SS ~:~I[nEOF, th2 s:;id Party of th'J First Part has caused th_:~8 Pl"':::::;,ltS to cn cxccut:d 'in its n:;x~}, and its corporate seal to b'"l 11:;\':;.:,'1':0 J.'i'fixcd, by it: ptC~;2r officc:~ th::.:r2unto duly authorized, the day and year first c.bovc \'Ir;ttcn. Sis::~-:d. S',,;u1cd 11ld C~livored in th::l Pr-:3'_:.,r...: of: I!.~TlOI!^'_ Jl1DUSTRIAL DEVELOPIIEIIT ~, "'("\')r'~T''''TJ^11 1 ' 1 ~ " ,.., ,\ 1...""". r: . .." ~"II f" l' 'I' Cr;~ '" 1(, ~L ,./ ',fr. r', / , ",\I~~'~',. L::)~-2l'C' J/. Schr~;~\llc':'-I:;.~ ~ 1 '"(':" > I p -: ,\ ,,i. J), '::f<::\..::)~,;,':~"r,,": ';- uYJ/_"i~:..'\_{--{ ~ Ji~,{.<..~'..J.::! ~j:~f:;-!::f .....' (,;....:IU. D. l':oly'cJle, J,'.,-t.; ", ~.:y, ," ()i:\ ~~ ::J:?' "i\' , '-":'~,:~.::;)t I ~~~~J (;,~., .~'-::~__ ^, ~ /, /, '. . _:~,..;.L:.~,!, ,/-~- l~,~(,-;,~ 1..( ,j ;I STM E or- OHIO 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. ., ""., , / ",,,,;,:\.<I,I;O{~:;:;'~~I',,, (I. / /' '1 ,? /:: ;;:",.:v~::::""~i:<~; ::\. .J'">--<.. ~ ,,'~I_~ //?,.e.--t.>--rk;'" .,.' ,'. '.'~' /}-7.J '--f~otury ~'Ubli c ~ -:~";7 1:.' .:, " :/~.: Iv' '03rr.tll'~ II.'.: .'\~nl~'!L r::1_trj~.i,:!~ '.'; -.:.-~t;;. . ,.', CO"',",~;;:;':;r":: .'. ';:';'~'~',::?:::\,;,~fll/:" 1!1; ~ 1l1::tIVI,,>lt ['i..r)\.:J r.~I; 'j' D. I.' ,1 ;'c. l: I' Jr. ,IL'l' <:It l~'.~ ~ i' I: '; i, Stl..,... .:i1, Cd 0 .~ 1512 . , "J Ij t~ C. .;. a ::.:.:.', ~ ;.~:: '~1: ~';'... >__,1 ;~~~:,;~:~~~';'!J.l i,1 rot /oJ i) y" ~r~::::~:,L':_: fl~~E:~.:_~_'./: -2- 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 ,\ '\ ' i\J'GIT'2\.:RY SEAL 'I,' My Commission Expires: , /. 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 (CONTINI _0".4""',',','" .,,' ",' , ,- . I 1 I ! I \ I \ _OPED ~ I ( '" '" PED OJ '. '" - , I \ \ S 415027' 06" I ) 56,11' ~- - -:j: - . I I 4'q-" E: , - \ I I ~ , - t - LE I - , . - .' " . " -. ). '. 4, .. " I "/ ~ J> . --~.i' DEC. 4 ( ; ,~' 18, 1'~8' P,J. B. r .... DCe. 9, I ~Ol r. D'N . '",,,,:", ,; OATE. OCT. 20 ) 1 ~B 1 f\ PM- ) '--' ~ '. .l , I IIp\' , I ,,l- .. h "'''.{ i , \ ,'iff'. .... t.. " .:r..~:c-~J, ., ~ BEACH MALL~:,. - ., " l\N (s. R. 807) WEST RD;;, , & BOY NT 0 N I,. .,: )N BE AC H, F LORI DA . , . -'i. . .' SP-I , " - .' ) '5"'f ~,~.:: ~'?~: ,. "0' '}. .' ~0.; .: {'l,~"~'(,'~i', , ,,,,,,~,'.i1 " ';;:'li'l'f'4f1. ~"i""'-''''~'~ \ \ i \ ,~\ I ,...., \ "r'J . , i . \ , .....~ . 1 - ~I ....~j -.. "'~".' , ;;; . .j , I ~I ~ .., , /"1 t' . i<~ '\. .1'1 ~1 ::j..' ~ ~ r,~ f~:. ~. , .!j'~ '~'. j f1;j "'...;6~ : j --..... '.. ~'l ~;':J f,- ...'~ ~. ~ ,. - ..', ), 'r ~t, ,.I -, I 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;;' ~ ,,-..:.-...;:z;,U.,. ~"".J '_____n,'_______,"_______ __~_~~..__ Section 3 Platting & Subdivision (cont'd) 1\0 >' jl; 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. 7A .z; ~ i "'h ~i'FZ~3 e:.. ~"F.( ~ AI/ c;.# - - - .,.. .L v -r--r ";1"-/ r 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 on ~~ 0'" c ""'0 ~.- "'l2 0._ I!lE >'E ~8 .e>. Q,~ "'c'" ,,;;:J~ "0'" ...:uo 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) ., ?> 0 -. :r S' .. " 0 .. !=' .. ;::; ... ... ... ::0 ;. ".. ... ".. !. ::r .. ?- .. .. - .... 0 ~ <D C'J -. 0 -. :z: .." 0 C ;:;. 1!!.. C'J " " .. .... -f 3 ;' .... ... 0 '"I :;- .. Of ... -. - t'" I .... .. t'" tl:l .. c.. 0 ... i:"l is: 0 .. 0 -. Of .. ::r 0 -. ... .. t:tl f> ... .... i:"l ~ ::r ::r 0 Of .., .., 1;l .. Of -. 3' C'J 0 :;- ...,: ;o::l I " ;' ;o::l C'J C'J .. 0: 0 i c :;. c.. ~ "'" ::c is: " f> .. :- g; C'J g S. .. Of 0 f> f> -. C'J 0 ... 0 :r ~ '"I ~ .. ... 0 ~ 0- c.. en :r ;o::l .. .. ..., .. c c.. ... 0 0; .. .. Of 0< C ... " S' ... C'J '" c.. .. ". ; ... 0 0 f> .... rrI ::r .. -. c ~ .. .. '"' rrI c.. '"I .. ~ ~ C .. g' f> 0 0; c .. 0 .. c.. .... . Of ... "' ........ 0'" C -<::0 .....- "'el 0._ >OS >>S ~8 ~>> c.~ "'c'" ,,:::s~ "0'" <:uo Corporation 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) .., > 0 E' :i' S' '" ::l ... !:l ... ::::;; ~ ..,. ..,. ::u (0' ::r ..,. ::r It '" ::r '" - 0- ..... .. " cc 0 n S c 0 ::c '<l c " .. n ::l ::l .. ~ -I if ill ..., ..,. c ~ .. '< I '" ~ ..... t"' g' 0- 0 ..,. z.:l Ei:: 0 c .':: ..... ::r .. ..... t:l t:l:l " ;l' .. ." ::r ..,. 0 "l z.:l ::r if Q > "l ~ .. .. ..... 0 ...,: :>;l I 0- ::l .. :>;l n 0: 0 ~ C 0- ... ::z: ::l ... g' '" ~ 3: . " ... n ..,. E. .. .. 0 :< " " ..... n 0 ~ 0 p- O ~ ~ "l ~ a. ..,. , 0- ::r ?;l .. 00 .. ..., ... C 0- ..,. t:l 0: ... .. >< ,~. ..,. g; 5' ..,. n C .. 0- .. 1:;' " ..,. t:l 0 " ... .... ::r .. ..... E. ~ .... .. .. "l ..,. ... 0- if n C .. lS' " c 0 0: c ... C ... 0- '" .. ..,.