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APPLICATION -. APPLICATION TRACKING LOG PROJECT TITLE: Shonnes of Woolbri..ht (Home DeDOt Exno Desion Ctr. \ FILE I: MPMD97-007 PROJECT LOCATION: East ide nf S.W.8th St, between Home Denot l!l Industrial Access Rd. TYPE OF APPLICATION: .. aster Plan Modification PUBLIC NOTICE REQUlREt : (YIN) 0 REVIEWER'S NAME: AGENT: Susan Prillaman ADDRESS: 1755 The Exchanlle, Atlanta. Georlria 30339 AGENT PHONE: 770-384-2 0<91 FAX: 770-384-2917 DATE REC'D: 12/17/97 AMOUNT: $500.00 RECEIPT NO.: 2871 12 SETS OF PRE-ASSEMBLE PLANS SUBMITTED FOR REVIEW: 2 OF 12 SETS SIGN D AND SEALED 0 DRAINAGE PLAN 0 SURVEY 0 ELEVATION VIEW DRAWINGS 0 LANDSCAPE PLAN 0 COLORED ELEVATIONS RECEIVED 0 FLOOR PLAN 0 MATERIAL SAMPLES RECEIVED 0 SITE PLAN WITH 51 E DATA 0 PHOTOGRAPHS RECEIVED 0 APPLICATION/SUBMITTAL DATE ACCEPTED: DATE DENIED: DATE OF LETTER TO APPLI CANT IDENTIFYING SUBMISSION DEFICIENCIES: DATE OF SUBMITTAL ACCI PTANCE LETTER: J/1 INITIAL 1ST REVIEW MEM( : DATE SENT: ~ MEMO NO. Cf7-(-xJif RETURN DATE: ~ 1ST REVIEW COMMENTS RECEIVED PLANS MEMO ~ DATE PLANS MEMOI DATE UTIL. 0 ~.~ 'I '/<;/'11 POLICE [ft'" -, 1l1"V! P.W. IT 7- J$ J.J, =<0 PLANNING 0 PARKS [i2f --- I:J- J:< BLDG/ENGR 0 Ci<< ~(XL II., FIRE 0 '11, 'u. f' ',I, FORESTER 0' --- JI.,/~J DATE OF LETTER SENT TO SENT TO APPLICANT IDENTiFYING TRC REVIEW COMMENTS: 90 DAY CALENDAR DATE HEN APPLICATION BECOMES NULL AND VOID: DATE 12 COMPLETE (ASSE "BLED) SETS OF AMENDED PLANS SUBMITTED FOR 2ND REVIEW: PRE,ASSEMBLED PLANS SU MITTED FOR REVIEW: AMENDED APPLICJ TION 0 DRAINAGE PLAN 0 2 OF12 SETS SIGNE D AND SEALED 0 ELEVATION VIEW DRAWINGS 0 SURVEY 0 COLORED ELEVATIONS RECEIVED 0 LANDSCAPE PLAN 0 MATERIAL SAMPLES RECEIVED 0 FLOOR PLAN 0 TRANSPARENCY RECEIVED 0 SITE PLAN WITH 51 E DATA 0 PHOTOGRAPHS RECEIVED 0 NOO) 2ND REVIEW MEMO: DATE SENT: I lit" MEMO NO. RETURN DATE: I hi . , 2nd REVIEW COMMENTS RECEIVED PLAl(S MEMel DATE PLANS MEMOI DATE UTIL, 0 q~'r:.. ~j(' I '-1,( POLICE fl'r - IhO P.W, [if / :>-1 PLANNING 0 PARKS 1M' - " Ir~ BLDG/ENGR 0 '+1-0 I " 11:2., FIRE ~ 'IS. J..o 7 1 l:,zo FORESTER [0" -' ila LAND DEVELOPMENT SIGI 5 PLACED AT THE PROPERTY. DATE SENT / SIGNS INSTALLED: BOARD MEETING DATE: BOARD: DATE: CITY COMMISSION: DATE: DEVELOPMENT ORDER RE EIVED FROM CITY CLERK: 0 DATE: DEVELOPMENT ORDER SE T TO APPLICANT: o DATE: S:\FORMS\TRACKING LOG Fe RM revised 4/25/97 --.-... DEPARTMENT OF DEVELOPMENT B lem I. Kastarlak. NeARB D rel:lor Building Planning & Zoning Engineering Occupational License Comnumity Re- Development December 18, 1997 Susan E. Prillaman Site Development Coo dinator Greenberg. Farrow Arc itects 1755 The Exchange Atlanta, Georgia 3033 Re: Shoppes of Wool right PCD review schedule Dear Ms, Prillaman: As we discussed at ou December 17,19987 meeting. we accepted your submittals for Shoppes of Woolbright PCD mast r plan modification and Home Depot-Expo new site plan, Both projects will be reviewed in accordanc with the following expedited schedule: . submittal 12 17/97 . staff first revew comments 1/05/98 . resubmittal /12/98 · special Tec nical Review Committee meeting will be determined upon resubmittal . Planning an Development Board meeting 1/27/98 . City Commi sion meeting 2/17/98 The condition of folio ing the above schedule is that by the resubmittal date you will determine the future ownership of th parcels. number of tenants/owners, and the extent of the site plan submittal, as discussed at our y sterday's meeting. Also the staff first review comments, where applicable, shall be addressed on the resubmittal set of drawings. If you have any questi ns regarding the above, do not hesitate to contact me at (561) 375-6371 or Jerzy Lewicki at (561) 375-6260, We look forward to your resubmittal for this important project, Sincerely, 04&~?J~ "~ Bulent I. Kastarlak, N ARB Director of Developm nt BIK:dim xc: Jerzy Lewicki, Ac ing Senior Planner Tambri J. Heyde ,Planning and Zoning Director Central File S:\PlANNING\SHAREO\WP\PRQJECTS\ HPS'NOOL\MPMD\HOME-DEPOT EXflO\REVlEW SCHEDULE.DOC 100 East Boynton Bea Blvd" P,O, Box 310 Boynton Beach, Florida 33425-0310 Phon., (561) 375-6370 FAX: (561) 375-6357 " , ,..ES' CI-I,,, ~ , 0 o " o , , > December 17, 1997 , , Mr. Bulent J. Kastarlak, Director of Development City of Boynton Beach 100 East Boynton Beach Blvd, Boynton Beach, FL 33425 . > , , . [II :1.1~I:tl~"" ;r.l.lt.~'('l'.'i ARC HIT t C T 1I R E l N C; I NEE R I N C; P L A. N N I N G [D)~&~DW~fnl lJJJ DEC' 71991 ~ Dear Mr. Kastarlak: Re: Shoppes of Woolbright PCD--Schedule BUILDING DIVISION We have discussed the opportunity and received your commitment to" ast rac ' Home Depot's master plan modification, site plan, and plat (if necessary) submittals through the City of Boynton Beach review process, In turn, we will work closely with your staff to provide the necessary information quickly. As you know. it is imperative to Home Depot that this location open for business as early as possible in 1998. Since this project has been reviewed several times in the past, I believe it is possible to abbreviate the published schedule as follows: Submittal deadline TRC meeting Amended plans deadline P&D meeting City Commission meeting 12/17/97 12/23/97 1/12/98 1/27/98 2/17/98 (Written comments by 1/05/98) Please contact me as soon as possible so we can agree on a schedule for this project. Sincerely, GREENBERG FARROW ARCHITECTURE, INC, ~ '-to \?,.".... DO,,"VV'~ Susan E. Prillaman Site Development Coordinator Wp encl. c: Jerzy Lewicki, Sr. Planner John Shem, The Home Depot 1 7 5 r, THE E X C H A NeE . A T LAN T A. G E () R G I A J (J J _~ 9 . TEL -: 7 (I j () _~ 1 [) J 3 . FAX 7 7 lJ 3 0 3 2 3 3 3 Page I of I" 2'd 3"'4'" Plan l. ,ew Comments for Pennit Application # 98 - (;, 0 ." CITY OF BOYNTON BEACH CI..~ . ~I!'.'~ . .. .. , . 100 East Boynton Beach Blvd, p, 0, Box 310 Boynton Beach, Florida 33425-0310 PLAN REVIEW COMMENTS PLEASE NOTE THAT THE EFFICIENCY BY WHICH YOU RECEIVE YOUR PERMIT DEPENDS ON YOUR RESPONSE TO THE CONTENTS OF THIS DOCUMENT, IT IS RECOMMENDED THAT YOU CAREFULLY READ AND CORRECTLY RESPOND TO ALL ASPECTS OF THIS DOCUMENT. COMMENTS: For permit application number: _98-603 Project Name or Address: _HOME DEPOT_- EXPO REVIEWED BY: Department and/or Division: _P &_z Name of Reviewer: Dan - Jose_Phone #: (area code-> 375-6260 Discipline: _New Site Plan Permit Date Started Review: 02/12/98 Which Review: 1~, 2nd, 3'd, 4t~, etc. COMMENT DISTRIBUTION: Person identified on the application to receive comments: (Print name) Phone # (area code: --> Fax # (area code--> Date(s) reviewer called: Person who received the call: THE FOllOWING AREA SHAll BE FillED-IN IN THE PRESENCE OF THE PLANS ANALYST AND/OR PERMIT CLERK: COMMENTS/ PLANS PICKED UP: Comment(s) reed. by print name and date: OR Plans/Comments'recd. by print name and date: S:'PLANNlNGISHAREDIWP\PROJECTS'PERMITSIFORMSICOMMENTS,DOC Page 2 of _ lot 2nd 3'" 4th Plan J..., lew Comments for Permit Application # 98 - b <::>.3 Your permit application and supporting documentation do not comply with the City of Boynton Beach Code of Ordinances. Prior to receiving a permit to construct or install the requested improvements the plans and documents shall be amended to show compliance with the below listed comments. Prior to making the changes to the plans and/or documents please read the attached Submittal of Corrected Plans form, This form contains important information relative to amending documents and submitting corrected plans and/or documents. Questions regarding the comments may be directed to the reviewer named above. If a conference is necessary, please schedule an appointment with the reviewer. Please note that additional comments may be generated following staff review of the amended plans. Timely approval of your project is dependent upon your prompt and correct response to the information provided in this document. Find attached, a form titled Submittal of Corrected Plans, this document shall be properly completed and stapled to the file copy of the corrected plans when submitting them to the Plans Analyst. II 1- Provide clause on the survey stating that the property was abstracted for right-of- way and easements, as required by Land Development Regulations, Chapter 4 Section7.A V 2- Roof top equipment shall be completely screened from view as required by LDR (Chapter 9, Section 11.E.), Add note to elevations tha! if roof equipmE1n . visibli,from a distance of 600' , screening will be provided. I 1 0- Add color code and manufacturer to each elevation drawings. S:'PLANNfNGISHAREDlWPo.PROJECTSlPERMITSIFORMSICOMMENTS,DOC 2 CITY OF BOYNTON BEACH, FLORIDA I, fD)~~ @ rlJJL~Jrr2~'! P ~NING & ZONING DEPARTMENT 1 . , . 1E11~~ SITE PLAN REVIEW APPLICATION lULl 'I - FOR 'PLANNING ANn NEW SITE PLANS & MAJOR MODIFICATIONS TO EXI~TlNG srmwG ~.u:L._.,..__ Application Acceptance Date: Fee Paid: Receipt Number: " This application must be filled out completely, accurately and ,submitted as an original to the Planning and Zoning Department. Twelve complete. sequentially numbered arid assembled sets of plans including a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure, An incomplete submittal will not be processed, Please print legibly (in ink) or type all information. I. GENERAL INFORMATION 1. Project Name: Home Depot Expo Design Center 2, Applicant's name (person or business entity in whose name this application is made): Home Depot USA Phone: (770) 384-2691 2455 Paces Ferrv Road, Bldg. C-19, Atlanta, GA 30339 (Zip COde) Fax: (770) 384-2917 Address: 3, Agent's Name (person, if any, representing applicant): Susan Prillaman Michael J, Covelli Greenberg-Farrow, Inc. Caulfield & Wheeler, Inc, Address: 1755 The Exchanoe 7301A W, Palmetto Park Road Atlanta, GA 30339 #100A, Boca Raton, FL 33433 (Zip Code) Phone: (770) 303-1033 ~K:X Phone: (561) 392-1991 FAX: (770)303-2333 FAX: (561)750-1452 4, Property Owner's (or Trustee's) Name: Howard Scharlin, Trustee Address: c/o Michael Morton, The Morton GrouD 902 Clint Moore Road, Suite 124 Boca Raton, FL 33487 (Zip Code) Phone: (561) 994-3133 Fax: (561) 241-0646 5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:" Agent " "This is the one address to which ,all agendas, letters and other materials will be mailed, 6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) Contract Purchaser .--------~-------~-_._--~- 7, Street address or location ot site: ],;ast Sloe OJ: b. W, lltll "1:1.ee1: De1:Weell Home Depot and ldnstriaJ Ar.cess Roan 8, Property Control #: oe tf'3 tf5' ZCj Zt/- ct?S" 0000 Legal description (\f site: See Attachment 9, Intended use(s) of site: Commercial (Retail) ;. 10, Developer ~tl3lk The Morton Group 11, Architect: Greenberg- Farrow, Inc. 12. Landscape Architect: Caulfield & Wheeler. Inc, 13. Site Planner: Caulfield & Wheeler. Inc. 14. Engineer: Caulfield & Wheeler. Inc. 15, Surveyor: Avirom & Associates, Inc, 16, Traffic Engineer: MTP Group. Inc. 17, Has a site plan been previously approved by the City Commission for this property? No, onlv master plan, . 18. Estimated construction costs cif proposed improvements shown on this site plan: $4,300,000 II. SITE DATA The following information must be filled out below and must appear, where applicable, on all copies of the site plan. 1, 2, 3, 4, Land Use Cateqory shown in the Comprehensive Plan Local Retail Commercial Zoninq District peD Area of Site 14.62 acres 636.665 Land Use -- Acreaqe Breakdown sq. It, a, Residential, including acres '0/0 of site , surrounding lot area of grounds b. Recreation Areas' acres % of site (excluding water area) c, Water Area acres % of site d. Commercial 14.62 acres 100 % of site e, Industrial acres % of site f, .' Public/Institutional acres % of site g, Public, Private and Canal rights-of-way 0 acres 0 % of site h, Other (specify) acres % of site Planning and Zoning Department - Rev, 3/18/97 IICHIMA I NIS H RDA T A IPLANNINGISHAREDlWPIFORMSIAPPSINWSPISITEPLAN, WPD i. Other (specify) acres Total area of site 14.62 acres , 0/0' of site j, 100 % of site . including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft, by 50 ft. Outparcel 3.79 Ac. Net Site Area 10,83 Ac. 5, Surface Cover ~. )' 2.48 Ac, a, Ground floor building 108,400 l?'-f. 23 % of site area ("building footprint") b, Water area acres % of site c. Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts, 5 ,9 acres 54. % of site d, Total impervious area 8,39 acres 77 % of site e, Landscaped area 0,25 acres 3 % of site inside of parking lots (20 sq,ft. per interior parking space required - see See, 7.5-35(g) of Landscape Code). f. Other landscaped areas,~acres 20 % of site g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas 0 acres 0 % of site h. Total pervious areas 2,4 4acres 23 % of site i. Total area of site 10, 83acres 100 % of site 6. Floor Area a. Residential sq. ft, b. Commercial/Office 108, 004sq. ft, c, IndustriallWarehouse sq, ft, d, Recreational sq, ft. e. Public/Institutional sq. ft, f. Other (specify) ,! sq, ft. g. Other (specify) sq. ft, h, Total floor area 108,004 sq. ft. Planning and Zoning Department - Rev, 3/18/97 IICHIMAINISHRDA T A IPLANNINGISHAREDlWPIFORMSIAPPSINWSPISITEPLAN,WPD 7, Number of Residential Dwellir 'Jnits a. Single-family detached sq, It, b, Duplex sq, It, c, (1) (2) (3) (4) Multi-Family (3 + attached dwelling units) Efficiency dwelling units 1 Bedroom dwelling units 2 Bedroom dwelling units 3+ Bedroom dwelling units ;. d, Total multi-family dwelling units e. Total number of dwelling units 8. Gross Densitv dwelling units per acre 9. Maximum heiqht of structures on site 45 feet one stories 10, Required off-street oarkinq a, Calculation of required b. number of off-street parking spaces @ 1 space/200 s.f. 540 spaces Off-street parking spaces provided on site plan 545 .~ Planning and Zoning Department - Rev, 3/18/97 \lCHIMAINISH R DATA IPLAN NI NGISHAREDlWPIFORMSlApPSINWSPIS ITEPLAN, WPD HOME DEPOT / EXPO BOYN N BEACH, FLORIDA LANO OESCF'IP nON: Trael ''E'', ,r;HOPp[S OF WOOLBRIGHT PCO" Pori of WOOLBRIGHT PLACE, P,U.O" beinQ 0 replal of 0 porlion of LAK[ BOYNTON ESTA T[S PLA T 3 silualed in Seeliun 29, Township 45 Soulh, RanQe 43 [asl, Cily of Boynlon Beach, Palm Beach Coun Iy, Florida, according 10 Ihe Pial Ihereof recorded in Plot, B1ilOk 65, Pages 137 and 138, Public Records of Palm Beach Counly, Floridd, LESS AND EXCEPT thp followinQ described' Parcel.' A parcel of lund IY//1g wilh Tlael "C' according 10 SOld Pial more portirularly described as follows: B[GIN ul the ,r;oulheasl corner of said Trael "["; Ihence Soulh 88 degrees 25 minules 44 seconds Wesl, a dislonce of 50.0.0. feel; Ihence Norlh 0.1 degrees 34 minules 16 seconds Wesl, a dislance of 2. 95 feel; Ihence Soulh 89 degrees 50. minules 25 seronds Wesl along a Soulh line of said Troel "E", a dislance of 467.41 feel. Ihence Norlh DO. degrees 0.9 minules 35 seconds Wesl, 0 dislance of 47.67 feel; Ihence Norlh 89 degrees 50. minules 25 seconds [asl along 0 line 47.67 feel Norlh of (as measured 01 righl angles) and parallel wilh Ihe Soulh line of said Tract "[", a dislance of 516,25 feel; Ihence Soulh 0.1 degrees 34 minules 16 seconds [asl, a dislance of 49,40. feel 10 Ihe POINT OF BEGINNING, Conlaining 0. 511 acres more or less, TOGETHER WITH A portion of Tract "A" (also known as: Morlan's Way), Wo.o.LBRIGHT PLACE PLA T 1, accordin,] to Ihe Pial Ihereof as recorded in Pial Book 67, Pages 47 Ihrough 49, of Ihe PubliC Records of Palm Beach Coun Iy, Florida, more parlicularly described us follows: COMMENCING 01 the Soulheosl corner of said Twct "C'; Ihence No.l'34'16''W, 571,91 feel ,10 Ihe Norlheasl corner of said Tract "[", ond Ihe POINT OF BEGINNING, Ihence S88'26'13"W, along the North boundary of said Tract "E", '11'25.37 feet 10 0 poinl on Ihe [osl boundary of Tract "A", (also known as: S, W 81h Slreel), SHOPP[S OF WOOLBRIGHT p, CD, accord//1g 10 the Pial thereof os recorded in Pial Book 65, Pages 137 and 138, Public Records of Palm Beach County, Florida; thence S37'35'20."W, along soid [asl boundary, 46,53 feel 10 a pain I on Ihe arc of a non-Iangen I curve, concave 10 Ihe Northeasl, (rodiol line 10 said poinl beors S76'44 '26 "W); Ihence North weslerly along Ihe orc of soid curve, hoving a radius of 1438. 26 feel, a centrol angle of 0.1'13'0.4" and on arc dislance of 30.57 feel; Ihence N37'35 '20."[, 46,53 feel 10 0 poinl on 0 line 30.0.0. feel Norlh of and pamllel wilh Ihe Norlh boundary of said Tracl ''E''; Ihence N88'26'13"E, along said porallel line, 1131,24 feet 10 0 poin t on Ihe [asl boundary of said Tract "A"; thence So.l'34'16"E, along said [asl boundary, 30.0.0. feel 10 the POINT OF BEGINNING ' Soid lands IY//1g ond situate in the City of Boynlon Beach" Palm Beach County, Floricla, ronto//1//1g 636,6fl5 square feel, 14,616 acres, more or less, III. CERTIFICATION (I) (We) understand that thisapplication and all papers and plans submitted herewith become a part of the perma t r ofds of the Planning and Zoning Department (I) (We) hereby certify thilt the above st n and any statements or showings in any papers or plans submitted herewith are true he 5 of (my) (our) knowledge and belief. This application will not be accepted unless signe acco 0 e instructions below. 'I re of Owner( s) or rustee, of A ~ rized Principal if property is owned corporation or other business entity, Da~fl; ;' IV, AUTHORI~E~ ~ Jo..o oO.a.. . ('0 Signature of Authorized Agent -br:-A l j..f-/7-11 J)...-II)-<11 Date (I) (We) hereby application:/,/ e above signed person as (my) (our) authorized agent in regard to this /~hl Date SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review Schedule: Date Received Technical Review Committee Planning & Development Board Community Appearance Board City Commission Date Date Date Date Stipulations of Final Approval: Other Government Agencies/Persons to be contacted: Additional Remarks: Planning and Zoning Department - Rev, 3/18/97 IICHIMAI NISHRDA T A IPLANNINGISHAREDlWPIFORMSIAPPSINWSPISITEPLAN, WPD p'~'=R TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by th<;> City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and elther data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted, The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, ciaim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this day of , 19~ Witness Applicant Witness Planning and Zoning Department - Rev, 3/18/97 IICHIMAI NIS HRDA T A IPLANN I NGISHAREDlWPIFORMSIAPPSINWSPIS ITEPLAN, WPD City of Boynton Beach 100 East Boynton Beach Boynton Beach. FL 33435 Attn: Jose First American Title Insurance Company National Accounts 5775 GLENRIDGE DRIVE, NE . SUITE A-240 . ATLANTA, GEORGIA 30328-5391 March 4, 1998 U">'- r:~R.~~ j , ',T:;';:,,(; ~ptll\l , .\-)~--\',\\G DE . f 1",- w! Co~~c:t "0 00"1'"0 ~ :1.- q5bD"'l~i' RICHARD G. HOllOWAY Counsel, National Accounts ..'- Re: Proposed Home Depot Development in Boynton Beach, Palm Beach Co., FL Dear Jose: Enclosed is a Commitment for Title Insurance No, FA-C-1429 covering certain property located in Palm Beach County, City of Boynton Beach, This Commitment has been issued by First American to Home Depot, U.S,A., Inc. and reflects the result of First American's examination of the title to the real estate described therein. Please advise if you will require any additional information. Very truly yours, fc~ JL;1J4 Richard G. Holloway RGHllsp Enclosures cc: Susan Prillaman, Greenberg, Farrow (w/o attachments) Jim Jordan, Sutherland, Asbill & Brennan (w/o attachments) Bailey Golomb, Sutherland. Asbill & Brennan (w/o attachments) Ken Rossburg. First American Title Insurance Company, Clearwater (w/o attachments) Leslie Hudson, First American Title Insurance Company, Atlanta (w/o attachments) Sherry Mouso, First American Title Insurance Company. Atlanta (w/o attachments) Jim Cherof, City Attorney (via facsimile (561) 375-6054 - w/attachments) Tambri Heyden. Director of Planning & Zoning (via facsimile (561) 375-6259) First American Title Insurance Company SCHEDULE A Customer Reference No,: NA 23778 oAgenls File No.: Date Issued: Date Effective: FLII7-I0IlI February 4, December 1, (REVISED) In8 In7 @ 08:00 AM CommibnentNo,: FA-C- 1429 2. Policy or PolicifS to be issued: (a) A,L.T,A. Owner's Policy (10/17/92 with Florida Modifications) Amount of Policy: TO BE DETERMINED Not to Exceed - $1,000,000.00 Proposed Insured: HOME DEPOT USA, INC. (b) A,L.T,A. Loan Policy (10/17/92 with Florida Modifications) Proposed Insured: 3. The fState or interest in the land described or referred to in this Commibnent and covered herein is an fState dfSignated as follows: FEE SIMPLE 4. Title to the fState or interest in the land described or referred to in this Commitment and covered herein (and dfSignated as indicated in No.3 above) is, at the effective date hereof, VfSted in: HOWARD R. SCHARLIN, as Trustee under the provisions of a certain Trust Agreement dated December 11, 1986 5. Tbe land referred to in this Commibnent is in the State of Florida, County of PALM BEACH and described as follows: See SchedUle "A" attached hereto and by this reference made a part hereof. FIRST AMERICAN TITLE INSURANCE COMPANY A1l~:; By: --- jl/jm Schedule A Tract "E", SHOPPES OF WOOLBRIGHT P.C.D, Part of WOOLBRIGHT PLACE, P.U.D., beinq a replat of a portion of LAKE BOYNTON ESTATES PLAT 3, situate in section 29, Township 45 south, Ranqe 43 East, City of Boynton Beach, Palm Beach County, Florida, accordinq to the Plat thereof, recorded in Plat Book 65, Pages 137 and 138, Public Records of Palm Beach county, Florida; LESS AND EXCEPT the following described parcel: A parcel of land lyinq with Tract "E", accordinq to said Plat more particularly described as follows: Beqin at the Southeast corner of said Tract "E"; thence South 88025'44" west, a distance of 50.00 feet; thence North 01034'16" West, a distance of 2.95 feet; thence South 89050'25" West alonq a South line of said Tract "E", a distance of 467.41 feet; thence North 00009'35" West, a distance of 47.67 feet; thence North 89050'25" East alonq a line 47.67 feet North of <as measured at riqht angles) and parallel with the South line of said Tract "E", a distance of 516.25 feet; thence South 01034'16" East, a distance of 49.40 feet to the Point of Beqinninq. File No: FL97-1091 First American Title Insurance Company SCHEDULE B-1 (Requirements) Agents File No.: FL97-1091 Commitment No.: FA-C - 1429 The following are the requirements to be complied with: 1. Payment to, or for the acrount of, the grantors or mortgagors the full consideration for the estate or interest to be insured. 2. Payment of all taxes, assessments, levied and assessed against subject premises, which are due and payable. 3. Satisfactory evidence shall be produced that all improvements and I or repairs or alterations thereto are completed; that contractor, subcontractor, labor and materialmen are all paid in full. 4. Instruments in insurable fonn which must be properly executed, delivered and duly med for record: a. Partial Release of CONSOLIDATED, AMENDED AND RESTATED MORTGAGE in the amount of $2,823,658.83 from Howard R. Scharlin, individually and as trustee, to citibank, N.A., a national banking association, dated as of June 19, 1987, recorded June 25, 1987 in O.R. Book 5329, Page 1601, as affected by: EXTENSION AGREEMENT dated as of March 26, 1991, recorded April 17, 1991 in O.R. Book 6790, Page 493; and RENEWAL AGREEMENT dated as of August 17, 1992, recorded October 15, 1992 in O.R. Book 7433, Page 1354; and RENEWAL AGREEMENT dated as of November 24, 1992, recorded December 17, 1992 in O.R. Book 7520, page 235; and RENEWAL AGREEMENT dated as of November 24, 1993, recorded January 20, 1994 in O.R. Book 8084, page 246; and RENEWAL AGREEMENT dated as of April 27, 1995, recorded May 24, 1995 in O.R. Book 8759, Page 843; and RENEWAL AGREEMENT dated as of August 9, September 15, 1995 in O.R. Book 8920, Page NOTICE OF FUTURE ADVANCE dated August 7, september 15, 1995 in O.R. Book 8920, Page county Records. 1995, recorded 435; and 1995, recorded 442, PALM BEACH b. Partial Release of SUPPLEMENTAL MORTGAGE DEED from Howard R. Scharlin, individually and as trustee, to United National Bank, a national banking association, dated as of October 16, 1990, recorded March 26, 1991 in O.R. Book 6766, Page 1832, as affected by: ACKNOWLEDGEMENT OF ADVANCE Under Mortage providing for Future Advances, dated october 19, 1993, recorded October 22, 1993 in O.R. Book 7944, Page 1423, PALM BEACH county Records. First American Title Insurance Company SCHEDULE B-I (Requirements continued) c. Partial Release of MORTGAGE DEED from Howard R. Scharlin, individually and as trustee, to United National Bank, a national ~anking association, dated as of December 12, 1994, recorded Fe~ruary 16, 1995 in O.R. Book 8624, page 939, as affected ~y: ACKNOWLEDGEMENT OF ADVANCE Under Mortgage providing for Future Advance, recorded May 9, 1995 in O.R. Book 8739, page 1624, PALM BEACH county Records. d. Partial Release of MORTGAGE DEED from Howard R. scharlin, individually and as Trustee, to United National Bank, a national ~anking association, dated as of Fe~ruary 12, 1997, recorded March 12, 1997 in O.R. Book 9694, Page 1156, PALM BEACH county Records. e. Record proper Deed from HOWARD R. SCHARLIN, as Trustee under the provisions of a certain Trust Agreement dated December 11, 1986, to HOME DEPOT USA, INC. 5. Proof of payment of taxes for the year 1997: Parcel No.: 08-43-45-29-24-005-0000 6. Submit and record proof in Affidavit form that the is still in full force and effect and that HOWARD still the Trustee with full authority to sell and property. 7. satisfactory evidence showing HOME DEPOT USA, INC., a corporation in good standing. Trust Agreement R. SCHARLIN is convey subject 8. Submit an Affidavit of Title, accepta~le to First American Title Insurance company, executed ~y or on ~ehalf of HOWARD R. SCHARLIN, as Trustee under the provisions of a certain Trust Agreement dated December 11, 1986, sufficient to afford Extended coverage over Standard Exceptions 1, 4 and 6 in the Policy to ~e issued to the insured(s), and shown in Schedule B-II hereof as 2, 5 and 7. 9. Submit a proper survey transaction, including Insurance company. certified to all parties involved in ~ut not limited to, First American this Title First American Title Insurance Company SCHEDULE B-II (Exceptions) Agents File No.: FL1I7-10U Commitment No.: FA-C - 1429 Schedule B of this policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encwnbrances, adverse claims, or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2, Rights or claims of parties in possession not shown by the public records. 3. Easements or claims of easements not shown by the public record. 4. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor inspection of the premises. S. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any adverse claim to any portion of said land which has been created by artifica1 means or has attreted to any such portion so created and riparian rights, if any, 7, Taxes or special assessments which are not shown as existing liens by the public records, 8. The lien of the taxes for the year 111118 and all subsequent years, which are not yet due and payable. II. The lien of the taxes for the year 111117, which are now due and payable, but not yet delinquent. PCN No.: 08-43-45-211-24-005-0000 111117 Taxes are NOT PAID. Gross Amount $105,864.00 NOTE: If subject property has been a rental unit or non-owner occupied property, it may be subject to Tanqible Taxes, which are not covered by this policy, nor has an examination been made of said taxes. Upon request and payment of an appropriate search fee we will conduct an examination for tanqible taxes. EXCEPTIONS CONTINUED ON NEXT PAGE First American Title Insurance Company SCBEDULE B-II (Exceptions continued) 10. subject to any and all matters as recited OF WooLBRrGBT P.C.D recorded in Plat Book PALM BEACH County Records. on the Plat of 65, Pagels) SHOPPES 137-138, 11. Terms and Conditions shown in the DECLARATION OF RESTRICTIVE COVENANTS by Boward R. Scharlin, as Trustee, dated February 26, 1988, recorded March 3, 1988 in O.R. Book 5591, Page 830, PALM BEACB county Records. ...but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, cOlor, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 12. Terms and conditions of the UNDISTURBED AREA EASEMENT AGREEMENT between Boward Scharlin, Esq., individually and as trustee, and Home Depot U.S.A., Inc., a Delaware corporation, dated February, 1990, recorded March 8, 1990 in O.R. Book 6378, page 1948, as affected by: AMENDMENT to Undisturbed Area Easement Agreement dated August 18, 1993, recorded August 23, 1993 in O.R. Book 7850, page 1583, PALM BEACH county Records. 13. Terms and conditions of the RECIPROCAL EASEMENT AND OPERATION AGREEMENT between Howard R. Scharlin, as Trustee and Home Depot U.S.A., Inc., a Delaware corporation, dated as of February 12, 1990, recorded March 8, 1990 in O.R. Book 6378, page 1953, as affected by: AMENDMENT to Reciprocal Easement and Operation Agreement dated as of August 18, 1993, recorded August 23, 1993 in O.R. Book 7850, Page 1577, PALM BEACH county Records. 14. Terms and conditions of the DEVELOPMENT AGREEMENT between BOWARD R. SCHARLIN, Trustee and HOME DEPOT U.S.A., rNC., a Delaware corporation, dated as of February 12, 1990, recorded March 8, 1990 in O.R. Book 6378, page 1975, PALM BEACH county Records. 15. Terms and Conditions shown in the DECLARATION OF RESTRICTIVE COVENANTS by BOWARD R. SCBARLIN, Trustee, a Florida resident, dated as of February, 1990, recorded March 8, 1990 in O.R. Book 6378, Page 1989; amended in: AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS dated as of August 18, 1993, recorded AUgust 23, 1993 in O.R. Book 7850, Page 1574, PALM BEACH county Records. EXCEPTIONS CONTINUED ON NEXT PAGE First American Title Insurance Company SCHEDULE B-II (Exceptions continued) ...but deleting any covenant, condition or restriction indicating a prefere~ce, limitation or discrimination based on race, color, reliqion,sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604('1). 16. Hatters contained in the STIPULATION OF SETTLEMENT AND AGREEMENT POR ENTRANCE OF FINAL JUDGMENT between TRADEWINDS DEVELOPMENT CORPORATION hereinafter referred to as TRADEWINDS AND THE CITY OF BOYNTON B~CH, a Florida municipality, NICK CASSANDRA, CARL ZIKMERHAN,and RAFFAELE MARCHESE, dated January 24, 1990, recorded April 11, 1990 in O.R. Book 6416, Paqe 987, PALM BEACH county Records. 17. EASEMENT QEED qranted to CITY OF BOYNTON BEACH, from TRADEWINDB DEVELOPMENT CORP., dated November 1, 1990, recorded NOVember 26, 1990 in O.R. Book 6651, page 444, PALM BEACH County Records. 18. Terms and conditions of the EASEMENT AGREEMENT between HOWARD R. SCHARLIN, as Trustee and HOME DEPOT U.S.A., INC., a Delaware corporation, dated August 18, 1993, recorded February 9, 1994 in O.R. Book 8117, paqe 922, PALM BEACH County Records. 19. RESTRICTIVE COVENANT by HOWARD R. SCHARLIN, Trustee, dated as of Hay 31, 1996, recorded June 11, 1996 in O.R. Book 9302, page 576, PALM BEACH county Records. ...but deletinq any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, reliqion, sex, handicap, familial status, or national oriqin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 20. Terms and conditions of the AGREEMENT between HOWARD R. SCHARLIN, Trustee and THE WESTWIND GROUP, INC., a Florida corporation, dated December 16, 1996, recorded January 23, 1997 in O.R. Book 9625, Paqe 979, PALM BEACH county Records. 21. Subject to reservations of oil, gas and minerals to Trustees of the Internal Improvement Fund as set forth in Deed recorded in Deed Book 814, Page 49, PALM BEACH county Records. 22. Easement in favor of Division of Administration, State of Florida Department of Transportation, as disclosed in Final JUdgment in the amount of $47,300.00 aqainst Seminole Feed Mills Incorporated, et al., dated October 10, 1975, reoorded Ootober 14, 1975 in O.R. Book 2466, Paqe 1996, Palm Beaoh County Reoords. EXCEPTIONS CONTINUED ON NEXT PAGE December 17, 1997 Mr. Bulent J, Kastarlak, Director of Development City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Mr, Kastarlak: Re: Shoppes of Woolbright PCD--Schedule ",1>.,-,-1; " . . C'1/C' '0 o . o " . . . , " , , . , , ~ [1t:I::a lI~l:t:l:("~.:.l:1 tl'l'..'J ARCHITECTURE ENGINEERING PLANNING We have discussed the opportunity and received your commitment to "fast track" Home Depot's master plan modification, site plan, and plat (if necessary) submittals through the City of Boynton Beach review process. In turn, we will work closely with your staff to provide the necessary information quickly. As you know, it is imperative to Home Depot that this location open for business as early as possible in 1998. Since this project has been reviewed several times in the past, I believe it is possible to abbreviate the published schedule as follow~;_ ~ . Submittal deadline ~ee~ Ameu.~td..mans deadline M'&mee\iri~ ~"4 City Commission meeting '- / \ 12/17/97 l1i23i9"J- 1/.1)~98 Vf7!98 2/17/98 \st I'Wllv.! '-(Wfurercomments by 1/05/98) .-~ ) Please contact me as soon as possible so we can agree on a schedule for this project. Sincerely, GREENBERG FARROW ARCHITECTURE, INC, ~ '-t,~........'OQav'-"" Susan E. Prillaman Site Development Coordinator wp encl. c: ,Jerzy Lewicki, Sr. Planner John Shern, The Home Depot I 7 r; '; I f1 r i: \ C Ii /\ N (, [ . -\ r 1 ANT ;\, (J [ () I{ C; I A I III 1 'j . T r I 7 7 l) I (I I 1 II \ 1 . r A x 7'" IJ \ () I ..'1 l \ e;" ..' '~:\:~~- . ,'if;,";...: "" f'''-~''''' ,,' , ~' ~~, ' - "-:t;.' -~"" ' , . .,<~ ;:\";:.,~.~~~, ,.;-'-.:"~ . ;,t~~.....,,.,,...,,,, "'v :;~;'f - "1:.__ "'...;cNr "~~. , , " ~.,. I ~ .' ',:S' !m--j ri8: ~i~ ,- i'to.. f";'T .. '-""..~ 1.~, , :'3{~~~.".;:;: ,~-.,~,_._-.:,..r_~:. ~m~L~:'~; "'" . '. . , r . , fj~ ~ '~():f::'~1 O::~(;.: ~~ ~~,~';':! .. ,j I ,,' ~ I' '~,1>,~' " II "., 1" '., . .~; ~ lio;~ ~, ~ _..~ ,::?y ,:;,; " -. ;',,- t' ~ ~, .,t r,~' rj, ':.\' ;,:r~f. ',~;;'h';. . ~- ~- "-<i." ~~: .~': ~~..,.,,~.. Protec~ South FJoridd!i l"~lVr Resout't't!'5 {Of'~} t'L'dl'S ~r~ /949-1111/1) 0 South FloE'ida Water Management District PO Box 1:4lBi- SJOI Gun Club R('\dJ . We'3t Palm Beach. FL 3,>418-'" . (<<J7) l5M-8!I)) . FL WATS 1-lm-432.2()4,5 January 26. 1990 Tradevlnds Deve10pgent Corpora,lon 902 Clint Moore Road, Suite 124 Boca Raton. Florida 33489 Dear Sir or Mad..: Subject: Application No, 891122-17, Woo1brl9ht Place P.U,D. Pal. Beach County. S29/T45E/R43E Enclosed Is a copy of this District's staff report covering the permit application referenced therein. It Is requested that you read this staff report thoroughly Jr~ understand Its contents. The recolllDendatlons as stated In the staff report will .a presented to our Governing Board for consideration on February 15. 1990, Should you wish to object to the staff recOlllll!ndatlon or file a petition. please provide written objections, petitions and/or waivers (refer to the attached .Notlce of RI9htS.) to: Vern Kaiser, Deputy Clerk South Florida Water Management District Post Office Box 24680 West Palm Beach, Florida 33416-4680 The .Notlce of Rights. addresses the procedures to be followed If you desire a public hearing or other review of the proposed agency action. You are advised. hawever, to be prepared to defend your position regarding the permit application when It is considered by the Governing Board for final agency action, even If you agree with the staff reconDendatlon. as the Governing Board may take final agency action which differs materially f~ the proposed agency action. Please contact the District If you have any questions concerning this matter. If we do not hear fr~ you prior to the date on the .Notlce of Rights., we will assume you concur with our retGllendatlons. CERTIFICATE OF SERVICE I HEREBY CERTIFY .hlt a .Notlce of Rights. has been mailed to the addressee and the persons listed ;. the attached distribution list not later than 5:00 p.lI. this 26th day of January 1,90, In accordance with Section 120,60 (3), Florida Statutes, Sincerely, ~ "" \................ Jeanne Hall Dlrec'or ,~~tlon Departllent CERTIFIED MAIL 'P 391 129 483 RETURN RECEIPT REQUESTED JH:pb r___ ~t-G&nwrC"',.".." "on~ Doraft A J-.. Vice Ch.t..rnwn. Key 8ftoca)lW .JO YN'k PaJ.C..,. ,\rwnkJ .~IlLan . "LaIN Friu Setin R.dle GLide '-'ikc 5ruu1 . Wlnde..-~ ~"Ad.ot._ w.... p"lm 8e.dl \ ..Iottw Boyd 'i..pW," J."Wto E. ...,til ""on LAuderdUe ..kJha R. w........ u..c.m. 0i1'ltCtlOr Tilford C. CI'Ml Otpur, E.uc:\Iltw DtI"KtOr n.c.n.K. MecVbr.Oepucy ~ DtrecIor j~{~;~.:' "" . "*,, t ",,""~'" " i~-(}.' ;:. ::,:"; ~U'.~~.,,~.. ;..,' , ..~ ~'!, ~J ~* fjt2t~~" ,c';., .::'t.",,: "-' '~~~<1f~~'::;, .-:~';..~ '~f.-" ",...'OY '''1'''''''-' ~r~~:. ~:,~;,~* . .~:, ,--:>~~".~ ~,::"j--_'l,'t- ~~, j.~i~l~~~ "9& ':x"'-'.:.'?~; . 'w ,I .' ;0':,,":, . .,";<~ ,. . ~~)r~~: i):i~::.~- C'~~ '~"";:'a~ ~~)~'1 ~......r . . j , '~I;",,'I ~:,r~ Ji-f>' ,,2.~;.;,.j :::"'1 ,'.. .... ">""j ;:~gi .r-..';~ , ~I;~ ; ':-~,~. ~ ~~: ",,"1'. ;R~~ .......... ?i;~:: '.:; . ~J.,1~' ._...-. .- "-'u_' ,,",-, , ~~;:~~, ~,.., >.".."" ~"~' ~~I ....F-^. ~~ ,X'" ~;.,~~ ;.?::!/>..... " 4OE-1.S21 'nitiall, of Formal Proceedings 0 (I) Initiation of formal procHdi.. oMIl be made by l*ition to 1M District. 'lMlMm petition asUMCIherein ind.... ,.., application 01 0Iher document ""*" ..",.. a ...- for formal proceedings. Each IMtition should ~ printed. typewritten 01 0\Ilerwiw duplica~ in legible form on white paper 01 standaId I. sin, Unlet. printed, the i~ ..-ion VIall be on ..... tide of the papet only _Ii,," oMIl be cIoubIHjlaCIIlI .nd indented. (2 All petitions filed under thew rules oMI' contain: (a) '1M _ and addresI of the District and the DisUict'. file 01 identification number. if "-; (b) '1M name and addresI of the petitioner 01 petitioners; (e) An e.planation of '- eact; I*iti__. substantial intcmts will be Iffected by the District', cmerminotion; (d) A ltI_ of when and '- petitioner NCliwcl notice of the District', decision 01 intent to ,ende, ~lion, (e) A _of IIlditlMed i.-of _aI fact. If __are _. the petition must 10 indicate; (f) A concite _ of the ultimate facts wIlJch l*itioner befi_ ontitle petitioner to the relief sought as -.. the rules and _ wIlidI SU\IlIClIt I*iti--. dlim for relief; (g) A demand for the relief to whicII the petitioner ~ himself onti1Ied; and (II) Otheo' infoomation wIlidI the l*itioner cantends i.....terial, (3) Upon receipt of a petition for f~ ;!'OCMCIi,.. the ~..nct oMI. ,..;_ the petition fOl t.... dog'.. of compliance with subMction (2) and fNl. accept u- I*iti_ in subltlntial compli_e therewith which have beentimely fileoi _ which ltIte e dispute whicII is within the juritdictlon of the DIstrict to......., If accepted, lhe District!llall designate the presiding officer. '1M Disvict oMI' promptly give written notice to all patti.. of the action taken on the petition, and .nail _with partKU\arity its'- _.r.... (4) IftheDitblctClftignata, oieMngOfficerlsilllledbytheDMsionofAdminiltrative Heari..... the ~ding of\Icer, the DisCrict aerlllhall forw.... the petition anc: all _all filed with lhe Disvict to the Division of Administrative HeM... and lhaIl notify aI' pan;.. of its action. Specific ",">_ilrJ71O<U,J71IIJF.S. ~ 1mpI~ 120.53(1). 12O.57F.S. History - New .J.al, faI_IJ 1 IK. 1.09(1). tlK.I,1I2(l)thnllq\(3). t6K,t.12 '., .: ~.... " '. ." ,.- " *' DRAFT !Subject to Governing , Board Approval lAST DATE FOR GOVERNING BOARD ACTION: April 12, 1990 SURFACE WATER MANAGEMENT STAFF REVIEW SUMMARY APPLICATION NO,: 891l22-17 PROJECT NAME: Woolbright Place P.U,D. lOCATION: Boynton Beach, Palm Beach County, S29/T45S/R43E APPLICANTS NAME AND ADDRESS: Tradewinds Development Corporation 902 Clint Moore Ro.~, Suite 124 Boca Raton. Fl 3348~ OlIlIER: SIIIll! DEVELOPER: SIIIll! ENGINEER: Stanley Consultants, Inc. REYIEIIER RATING OF PROJECT DESIGN 1- Suitability of land for proposed use ~OOD')FAlR POOR NOT APPLICABLE 2. Water quantity impacts (GOOD) FAIR POOR NOT APPLICABLE 3, Water quality impacts (GOOD) FAIR POOR NOT APPLICABLE 4, Environmental iDpacts GOOD <@)POOR NOT SIGNIFICANT 5. W.ter conservation GOOO ~POOR NOT APPLICABLE 6. Flood protection Gooo) FAIR POOR NOT APPLICABLE 7. Relief from rainstonl inconve~ience ~D ) FAIR POOR NOT APPLICABLE 8, System aalntalnablllty GOOD @)POOR NOT APPLI CABLE 9. OVerall use of land with respect ~oOol FAIR POOR NOT to water r.source APPLICABLE 10,Water aanagement system with 4000) FAIR POOR NOT respect to feasible alternatives APPLICA8lE - " e . SURFACE WATER IWIAGEMEKT EVALUATION APPLICATION HUMBER 891122-17 DATE January 18. 1990 PROJECT KAME: Woolbrloht Place P.U.D. LOCATION: Boynton Beach. Palm Beach COUNTY SECTION --Z2-, TOWNSHIP ...!i.. SOUTH. RA.'lGE ..1L EAST PROJECT AREA 115.3 ACRES DRAINAGE AREA 115.3 _ ACRES FACILITIES: ~r;:J1 ""'......1 ~'.,...!:;~ ~',- ~., Itb',:$~ I. EXISTING: The existing site contains three abandoned houses and two small lakes. The are currently no existing drainage facilities to .erve the existing deyeloplll!nt, 2. PROPOSED: Grassed swales, inlets and culverts will direct runoff Into 5,3 acres of lake. Although the project Is designed as a single drainage basin, the project consists of two distinctly different deyelopnent areas, The first Is a 32-acre commercial area located in the southern portion of the project. The second area consists of 83.3 acres of residential develooment In the northern portion of the development. Discharge f~ the project is through 1-0.7' wide weir with a crest at elevation 12.6' NGVD, 1-1,0' high by 0.5' wide inverted triangular orifice ~Ith an invert at elevation 9.0' NGVD and 55 LF of 30' diameter CMP culvert into the Lake Worth Drainage District :LVDD) E-4 Canal. PHASE 1 CONSTRUCTION: Phase I (16.0 acres, see Exhibits 3 and 4) will consist of the excavation of the 5.3-acre lake, the IIIo1ster control structure, I-O,22-acre dry detention area and associated structure, 2.4 acres of building and 6.0 acres of roadway/parking area and associated ~emporary ditches. Runoff fl'Oll Phase 1 will be directed into the dry detention area which will be equipped with a water quality control structure, The structure serving the dry detention area will consist of 1-0,3' high by 0.3' wide Inverted triangular orifice with an invert at elevation 9,0' NGVD and a grate at elevation 12.5' NGVD (see Exhibit 3). The structure will discharge Into teRporary swales which will direct runoff Into the 5.3-acre lake which In turn discharges through the master control structure Into the LVDD E-4 Cana 1- Phase I clearing and grading will consist of a total of 52.2 acres (see Exhibit 3A) for lake excavation, building and parking construction. utilities, drainage conveyance, etc. DRAINAGE BASIN ....t.:.lL RUM OFF fORMULA 70 CSM RECEIVING BODY ~5 via the LVDD E-4 Canal ALLOWABLE DISCHARGE -13- CFS I ~,,,F; ~:'k~ . r~~~~I3{~?~~t::t; ,'-' i.~-f.~--=:,.:.' .;..~:~'" .:i-r.:...".. :.--*-4.... "'-- . . flOOD CONTllUIlS REQUIRED DETENTION...lLL AC-Ff DETENTION METHOD On-site lakes and Drv Detention Areas DETENTION PROVIDED...ll.!... AC-Ff FLOOD PROTECTION lOCAL ROAD CRITERIA FLOOD CONTOUR MINIIIJM ROAD GRADE PARKING lOT CqITERIA FLOOD CONTOUR , MINIMUM PARKING lOT GRADE BASIN DESIGN FREQUENCY flOOD CONTOUR DESIGN OISCHARGE 100 YEAP FlOOO . FlOOll CONTOUR MINI~ FLOOR ELEVATION rIA FLOOD ELEVATION --L YEAR, ..ll.- HOUR STORM ~ FEET NGVD ~ FEET NGVD -1... YEAR, ...L HOUR STORM * FEET NGVD ----..- FEET NGVD -1L YEAR, ..l.1..... HOUR STORM ~ FErT NGVD -.l1.. CFS ~ FEET NGVD ~ FEET NGVD ~ FEET NGYD * The parking lot flo~d contour and ~levation will be determined upon application for construction and operation of the office park phase of this project. VATER QUAlITY A. ADVERSE IMPACTS EXPECTED: :<<l B. BEST MANAGEMENT PRACTICES UTILIZED: For water quality pUl'poses, the project has been divided into two land use areas. The first, cOlllll(I'cial. consists of 32 acres in the southern end of the project. The overall i~pervious coverage in the c_r:ial area has been assumed to be 74% (7.34 ac:-es of building at.d 16.35 acres of pavement). Water quality calculations are based on 1.BS. over the c_rcial area, Dry pretreatment equal to 1/2. over ti,e cOl1llll!rclal area (1,4 acre-feet) is being provided prior to discharge Into the master surface water management syst~. Pha.e 1 and the area indicated as future cOl1llll!rcial on Exhibit 3 will utiliz~ two dry detention areas totaling 0,6 acre (see Exhibits 2 and 3 for locations). The office park located in the southwest corner of the cc_rclal area wiP utilize exfiltration trench to provide dry pretreatment prior to discharge into the master water management syst~. Vater quality treatment in excess of the first inch of runoff will be provided for the northern portion of the project (83,3 acres) within the S.3-acre lake. Vater quality for Phase 1 will be provided In the dry detention area and the lake In excess of 2,5. times the percentage of l~ervious. 2 '~'-" '., ~,' :,. .:" ,.:j1~~1~f;:':;~;" . . mJIlOIIIEIITAL A. SIGNIFICANT ADVERSE IMPACTS EXPECTED: NO B. COIlOOS: The project site consists of an upland coa.lftlty ClllllpOsed of xeric oak and sand pine, A sizeable gopher tortoise population has been Identified on the property. The applicant Is In the process of relocating the anlaals to a preserve area In Deerfleld beach. The applicant has stated that they are coordinating with the Florida Gue and Fresh Water F15h COIIII15slon regarding any endangered, threatened or species of special concern. The site has been exempted f~ the county's Envlronlentally Sensitive Lands Ordinance, No wetlands have been Identlflad on the property. Adverse envlro~ntal I~acts to the water resources of the District are not expected as a result of th~ proposed works. I.AIII USE PRESENT lOllING F .U,D. , ALLOIIED DENSITY .JlLA... IlU/A PROPOSED USE Commercial/Residential ,PROPOSED DENSITY .JlLA... DU/A alPATIBLE: YES ADDJTIORAL ~S: The following assumptions were aade for the project: The lake stores vertically over 5.3 acres fru. elevation g.O' NGVD. Lake side slopes store linearly over 1,1 acres f~ elevation g,O' NGYD to elevation 12,5' NGYD. The dry detention areas provide vertical storage over 0.3B acre f~ elevation 10,0' NGYD. The dry detention area side slopes provide linear storage over 0.21 acre f~ elevation 10,0' NGVD to elevation 12,5' NGVD. Roads and pav8lent store linearly over 2B,63 acres f~ elevation 14.0' NGYD to elevation 15.5' NGYD. Eighth Street provided linear storage over 4,62 acres f~ elevation 14,0' NGYD to elevation 15.5' NGVD, Pervious/recreation/open areas store linearly over 59.27 acres fru. elevation 14.0' NGVD to elevation 15.5' NGVD. 15,67 acre, of building area do not provide storage. 3 .' ':...:~:-,:: .. ~~ ,..,-;~)' " . APPlICABLE lAIIl AREA Proiect Total 115.3 acres; Water Ilanag_nt lakes 5.3 acres; Dry Detention 0.6 acres; Exfn. Trench 352 IF; llIpervlous 48,9 acres; Dwelling 520 units; CoIaerclal/lndustrlal 319.700 sq ft; Church U,500 sq ft; Open 60.4 acres; . Pha~e Construction ~ acres ---1.1... acres -2.l... acres ~lF -ll.!.. acres ~ units 102.400 sq ft ----1. sq ft --Z...L acres * Includes clearing of an additional 36,2 acres of the project area. location: West of 1-95, north of Woolbright Road, and east of the lVDD [-4 Canal, City: Boynton Beach County: Pal. Beach Special District: lake Worth Drainage District SFWND Basin: C-15 Operation Entity: WOolbright Place Master Association, Inc. The Staff rec ncIs that the following be Issued: _General Pel'lllt ~Constructlon and Operation Penalt for Phase I (16.0 acres) _Construction Pel'lllt _Operation Pel'lllt ~letter of Conceptual Approval for reIIIlnlng 99.3 acres _Right-of-Way Occupancy Penllt 4 ;:;-~~~;;i'-~,,:,)-'~S:.~..~~' ~'.";-~: . ~i:""-YIf,""""'iI.'U'_:$t-'.'-"'" , .c..,,}~~11.~~t?)',' :~ <,~":.'" ':;~:"'''',;.> ~. . ."o,_f ' ,",!-,:;' ... i ,:;&~::.--:n;., ,~ ';':.J~~~~f '- ~..,. ).' ,'.'"': '" o o . U.'ING CONDITIONS 1, THI PlRUITTII SHALL PROSlCUTI THE WOIllIC AUTMOAllEO IN A "."NEII SO AS TO MINIMIZE ","Y ACYI"SI ......CT Of THi WOAIlS ON FISH. WII.,DLIFI. NATURAL ENVIRONMENTAL i""UU. AHO WATPI OUAUTY THI "AMlnEI SHAU IHSrtTUTI NlcrSSNn' UIASUAES CURING ~ COHSTAUCTJON """00. J~UOtHO FULL. COMPACTlON OF .ANY ,ILL WlA TtRlAl. PU.CED .....OUNO NEWlY INSTALLED STJItUC l"JAI5. TO RIDuC.POSlON. TUAIIOITY. NUTRIENT LOAQINO AND SIDIU''''T ATION IN THE AECEIVIMQ WATPtt. 2. WATlA QUAun DATA FOIII THI 'WATER DISCH.....GED FRO'tI THI ",,"In-US PAOPPTY OR INTO SURFACE WA.TERS M THE ST Ao tE $)oIA,LL 'I SUIUITTEO TO THI DISTRICT AS REQUIAID. 'ARAu....IJIS TO II MQNITORID "'Y INCLUDE THOU LlSTID IN CHAPTUl17-3. I' WATER C.UAUTY DATA IS REQUIRID. THI ltVIM,nu SHAU PlllM)VIOI: DA fA AS AeQUIRED. ON VOW"IS 0' WA 1(;1 DISC....ARGED. INCLUDINQ TOTAL VOLUME OISCI4AAGED CURING THE DAYS 0' SAAlPLIHG ANI) TOTAL UONTHL y DISCHARGES '"OM THI PtItOPEATY ()III INTO SUR'ACI WATERS or THI ST A 11. 3. THII'IR"'TTEI SHAJ"L COMPL" WITH _U UPt.1CA8i.1 LOCAL sueOMSlOH "EGUl.ATIOfd.AND OTHP LOCAl. RICU......INn. IN AOOl110N THe "'''MITTlE SHALL 08TAIN AU. NlCI$S.UIV 'IDIAA.... STATI. LOCA~ AND SPlCIAL OISTAICT AUTMORIZAl1ONS "'lOR TO THa STAAT 0' ANy COHSTFlUCT1ON 011 AL. TERATlON 0' WOAKS AUTHOAtZlD ey THIS ,pUlT ... TH. O"'I"..TJOH '"_5. 0' THIS '("UIT SHA~L NOT IleO....IF'ECTIV. UNTIL A 'L.ORIDA RIGISTIIIIID PIIIO'ISSIONAI. ENOINElA ':lAl1ftlU Tt4AT AlL 'ACIUTfES HAvle.EN CONSTRUCTID IN ACCOAO.utC1 WITH THI DnlQN A""OVID IV THI OISTAICT W'THIN 30 O""S.uTPI COM""-ITION 0' CONSTJItUCTION ", 1M1 SUlV'ACI WATVI UANAGIMlHT SYSTDf. THI PIII...nu SHALL SUlMIT THE CPTIACATIOH ANO NOTI" THI DISTRICT THAT THI 'ACILITIES AlII RIADY 'OR IN$'ICTION AND A"ROVAL. uttOtrt ."'''OVAL 0' THE CO"""ITIO SUR'ACI \VA TEA .....NAGE..ENT SYSTE". THe 'EIII..ITTII SHALL AIOUI3TTMNS'.A 0' THE PIJlIUlT TO THI RUIIONSIII.' ENTn'Y AHtlIOVIO IV THI DISTRICT. s. ALLROAOSSHAU.II SIT AT OIllAIOVlIUVATIOHS AEQUI"ID aYTHIAPPUCAaLlI..OCAI..GOVlANMlI'fT nOOD OUTlAIA. .. AU. MltLllINQ Fl.00IlS SHALL .. SIT AT 011 AIOYIIU'IATIONS AC:C:PTAk& TO...... APt'LJCAaa LOCAl. ClOY_T " CW'.SlTlllISCH.uIGU llI.IlOlNQ CONSTllUCTlCN AND D&\m.OOOUINT SHALL" _ ONLy _a.. ""I ,ACILITlISAUTHORIZID IY THIS 'I....'T NO ROAOWAV 0" IUILOIHQ COfrtSTIt"CTIOfrt SHALL CO....ENCI O"'S1T, UNTIL CO.......TION a. TH''''''''TT.D DISCHua. ST~UCTU~'AND DIT.NTION .......S WA TI~ DISCHAllGIll _ TH'1'AOonCT SHAU. .. _ S1'RUCTUIlIS ....\nNO A _.... SUIT_. '011 ~IGULATlNQ UPS"".....WATIll STAGIS. STAQU.....y.. SU&lICTTO _TlNG lICHIDuLlSSAnSlACTDOY TO,.... Q_STAIeT. .. NOCONSTIIUCT1ONAUTHOlIIZID_IHIoU~INCIU"TlI.A~__lUemnACCIJIT_ITDTH' CQTIIICT.......INISTAllJIHIDMfD.....ACIllaDTO_TlANll_AINTHlIYSTIII. THlINTITYMUST II '~OVID.D WITH sU.P1CI.NT OWH'~IH" SO THAT IT HAl CONTllOL OV'~ ALL WATIll"AHAal"INT ,ACILITIIS AUTHOOIZlD H.~IIN. UPON ~'CII'" 0' WlI'TTlN IYID.NC. 0' TH.IATISlACTION O' THIS . CONDIT-. THllltSTIIlCT............ "" ~TIOfO TO CllO~ 'I'lC' CONS1IlUCTION. .. TN' _T DOD NOT CClNVIV TO nca_ ,.", ~,. OIGHT _ IoNf O~ 011 "'OVIL!QIS 0THIll T>4AH __CIIlID INTHI_ ANllCHUTllO.....'1lC. '0. TH. PIlIMITTI.1HIoU HOLD __VI THI DoSTIII'T _.-..... ANll AU. _15. CLAI.... 011 UAalUTlUWHlCH.....y_..,_MTHlCONSTIIUCTIOH._v-.__OItUSlCWAN. 'AClUT'tAU_"'ntI_. ... THIS PlO"'T IS ISSHID .....D OM TH' A_,CAHT'S IU,,,,TT.D IN'O~""TlO" _CH .....SONA.LY _TllATIS THAT ___WATIll ~1SOUllC' OIl.ATID IWACTS WIU NOT H _.., TH. COIIPUYID_ ACTIVIn',"._THl~_T'tDl'ntI_TO_THAT AOV_ ClfJ-SITI WATtII."OIl~a 1lll.A1ID _ACTS DO NOT OCCUII OUMQ CONITIlUCTION. II. _ TO o......TtIIlO;G. PlIoIIIIHIoU"~ TOTHIlllSTlllCT _APPOYAL _TIOfO~ IHCl.UlM AI A ....._ "- SIZIL LOCAT1ClHS ANll_ DI' _TION _IACH _. "ClfJ-SlTI llOSCH_IS_DllQn.SITI__ACTSAlI._,Nf_WATIllUSl-T....Y "~.OUlIIIll, THI_TTIIIS~THAT__.......__CONSIDIIIATION CW TN''''TIll usa _T APt'LJCATlOrl 6 ;,",:' ~~-.. ... .'.<~ \ ';., ...' ...,;:.::~__'.J>_:;.:.:g. oA;~'_" . '~f.1t::," :o..'......~.:..(.._- . " , o o SPECiAl CONDITIONS 1. NINIMUM BUILDING FLOOR ELEVATION 16.0 FEET NGVD. 2. MINIMUM ROAD CROWN ELEVATION 13,6 FEET NGVD, 3. DISCHARGE FACILITIES: DESCRIPTION: 1-0.7' WIDE WEIR WITH A CREST AT ELEVATION 12,6' NGVD, 1-1.0' HIGH BY 0.5' HIGH INVERTED TRIANGUlAR ORIFICE WITH AN INVERT AT ELEVATION 9,0' NGVD AND 55 LF OF 30. DIAMETER CMP CULVERT. RECEIVING WATER: C-15 CANAL VIA THE LWDD [-4 CANAL. CONTROL ELEVATION: 9,0 FEET NGVD. 4. THE PERMITTEE SHAlL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION OR SHOALING PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 5. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER, 6, THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY WATER QUAliTY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER lWlAGEMENT SYSTEM, 7. THE DISTRICT RESERVES THE RIG;' TO REQUIRE THAT WATER QUALITY TREATMENT METIIOOS BE INCORPORATED INTO TH~ DRAINAGE SYSTEM IF SUCH MEASURES ARE SIlOIIH TO BE NECESSARY. 8. OPERATION OF THE SURFACE WATER lWlAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF THE lIOOL!lRIGIIT PLACE MASTER ASSOCIATION. INC, THE PERMITTEE SHAlL SUBMIT A COP" OF THE RECORDED DEED RESTRICTIONS, A COPY OF THE FILED ARTICLES OF INCORPORATION, AND A COPY OF THE CERTIFICATE OF INCORPORATION FOR THE IlOHf.OIINERS ASSOCIATION, lIHEN AVAIlABLE. 9, THE PERMITTEE SHALL PROVIDE TO THIS DISTRICT DOCUMENTATION OF lAKE lIORTH DRAINAGE DISTRICT lIHEN AVAIlABLE. 10, lAKE SIDE SLOPES SHALL BE 4:1 (IlORIZONTAL:VERTlCAL) TO A DEPTH OF TlIO FEET BELOlI THE CONTROL ELEVATION. SIDE SLOPES SHALL BE NURTURED OR PlANTED FROM 2 FEET BElOll TO 1 FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROlITIf. 11. PRIOR TO THE INITIATION OF AMY WITHDRAWAL OF WATER (IRRIGATION, DEWATERING, PUBLIC WATER SUPPLY, ETC.), IT WILL BE NECESSARY TO APPLY FOR A WATER USE PERIIIT. THE PERMITTEE IS CAUTIONED THAT A MINIMUM OF 90 DAYS IS REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. THE PERMITTEE IS CAUTIONED THAT THE ISSUANCE OF A SURFACE WATER lWlAGEMENT PERMIT SHALL HOT BE CONSTRUED TO BE A GUARANTEE THAT WATER WILL BE AVAIlABLE. 7 ......... ,~1: ", '; '4:-.......... G t;) SPECIAL CONDITIONS CONTINUED 12. PRI09 TO THE ClIlMENCEMENT OF CONSTRUCTION OF FunJRE PHASES, PAVING, GRADING. AND DRAINAGE PlANS SHAll BE SUBMITTED TO THE DISTRICT FOR PERMIT IIOOIFlCATlOH . 13. THE PERMITTEE SHAll SUBMIT A COPY OF All PRELIMINARY PLATS FOR DISTRICT STAFF REVIEW. TO DETERMINE IF SUFFICIENT DRAINAGE AND MAINTENANCE f}SDlENTS HAVE BEEN PROVIDED. A COPY OF All RECORDED PLATS SHALL BE SUBMITTED l/IIEN AVAIlABLE, TO BE INCLUDED INTO THE PERMIT FILE FOR DOClMENTATlOl/ OF ADEQUATE AND PROPER EASEMENTS FOR THE DRAINAGE FACILITIES. 14. THIS PERMIT CANCELS PERMIT NO. S?-OI296-S AND 5O-00621-S. 8 ,"~;;:;,:Fjfi~~~!i~ri:~~~,;Ss~~~' ' ,~-" .."' ,. "'.~. , ---.-------' ","," -.,. ;, -~_.,~ - ---------------------.'--------------.-. - ;':l: "f,!:, .~,.!.'.'., , , . ~:::!r . ,,;~-;;.' ~~!t 'I'",''''' "" t ' .:J ;j;i:t ~~t~ ~r ,t..' .~ ''li' i~~~~5:~ '):.~,'. )j~t~~ t~, "".'~ !~~ ~~~~ ~\~i'~ ~ '.:':'~c-i.:'_ &"',"' "".4h" "...... . ") f"~~ "::'. ", ,,,-," ","" '. ., 1fJ"''/-'f -- \' "".' (\ \1 _tl'''. , If....... \'\ ' . H.~~ \\\ \~il \\,\\UH \\' ~ 1\\ ~ \\\\\ I ,\, '. \. \ \ \\, \ '~\ll !,\\\\\\u \t\\\:1 1.. 1 , --- \ \\ 1 \ \, t i ~ .\\\\_1\-r- t .,,~ \\' ,\\\, ~ \ '~i W~ \\', 1'\' . -- ('\ l\ _ - 1 \.\,1 i, \ \t~'!i ___ - A'>-- lW\! \ 1~ .-/ - \ \ . -1' ~ :j_l\. \I ~ , " 1 -, ~! W \ \1 ~ 0. ~ G)~. (J :!l.l_ 'r-t'O !a'~ , \~\\. ! I a>i \\ i \il\ yj.\\\" - , ,....._.~;.~~.'. ~ '-',l,', .' ~:.-"" _.:,... ,- -- ------- ',' .;~~~. .:;-,~ i:F-".. -\;o"'.~ '" :~.~/. ~ (~:~,'-> ...., , ,-~!<', \ ",,_:-;-..~. ' .".~~-- '#01 .',; .1 ~lt~ \ -~ --- ,/~ -', . r . 'I " ,- ;'"J ~ .j ~ :1 W i ,- I' ,. " , ;, " '--.. ....: -,.':.: >Ii" ~a, ~. .o~ . ~.t' ~~ ~' -N- 'j' jl'i'ij ," , O'P njl ", IIU .! i~ . I !!r II, lIIi ~ ~l\~ II i I . r . " . , ' J .... ~' >" ;:.-c .f.' i! ~. , I I I I I I I I! I 1; . I- ll' ~ /: I I I . ..1- I I I I I I I ~ ~ \-\~ ~'f t~ ~ j - 1.1 . . l .. ., " E.XHIBIT 311 ,..-.....' " :;,,:','--,,' . ,'" ..,. .,:', ,~1J ~ I " r ',:'~:::':r, 7' . .', ',.," .....: ".. .,"".... - ----. ...~ 1""'\ I ---~~ ,\\ \ i\\ ' --- ill. - -Ul - _ _ _ __ul, urt \ , , . . ~l , . It I " .... W"i i~" l\ \ ' ,. " ~'....}\~., .... ,-_. .... , ' \' .... .,..... - " \1 , , EXH\S\T-4' ,'::',, -~--- ..----------- ---...-----..------....----- ~;;..., ~. $>i '" ~' ii!t~ I~-<, ' .0: .. ~ 'l ,,", ~ .......' ,~. !'k5 t:, iE; ~," ~i:.' .t,'~ ~, \W: ~, "'~:... ~; ~~, ;;:. r~, ~f{~ !},~ .' ;~~i t';'{~ '" ~i? ~~. ~ ".....; }j.~:.' ~::} ...~- ~~ .~. i ~;..-'~~ ~"U. tr.:;: ~r: r~~:;. ~".. .~~-' ~~: r;'~ ~.;:. t/ .,;:~~ \,-;.. :"~~ ~'" ,;:.~ ': :',., ":,":/ i.;!~1 ~"i~'~; It'1:~,, 'iffi' ~if'~ ~sl",~l f~,~.1 ~''''. ' If)~,:, ',0 , ;"" . , .:. ~--"-" --' ~' ~ C'Ih'1ll1 '.~ .11~1 ) ~" ,L',-11 \.If ' ,. ,.--- , -,; I~II . II' ~ I I , ~ ~! ~I! I ~~ 2u ~ leJ~!1 ~\ 1 \~1~1\ ~ in~i ~-,.-l i " I , , I I' '!lJ il Q t~ h \ 'e !~ ~-o:~: \\ ~I~~I El ~El ~. h' \, I "-_El H\HH i~U El@gtlElS@ , ~I! I,: 'l ,,:---1 .. - ~ Ii" \_ ~ I I- II I II ,iii 15 Ii I!, 1\\ ! I- 'I z!'" ,,', It I ;' I ~ I !'I .... I ; :Ii I, ~ .' i~,,' oJ \' it- I \'<1..YI i"~ " alO : I !- .. II S I ~ ~ -:,~#:' ,.".- . c'" f.....- 'J. . -. f J, 1 I!~" J h lIii1Ba 'l g~L i ; , I ! i !\ i " I I' 1 f i\ i : lh \ \ f "i i ., iULH \ --'E'~ c>~e ~I a @ 1\ ~L t\ ..),,--.-,,, ',. , .., " i ~ , ! tl I ~. I I . ~l ; I ........b " . ,. . '>"\"' . .." , . I ~ !. . _.~ ~a; ;.. 'l: t: 1\ I~ , ~ j ; .' I I ;J! I I , I I , ~ ~ . I I I I ! I · d i' I II I . . "I~ ~ i 1..____1.;1...--.. - EXHIBIT 5 -- -------------'-----~--"- (;), REPORT DISTRIBUTION LIST 0 P~ECT: WGolbrlaht Place P.U,D, APPLICATION NUMBER: 891122-17 INTDIIW. DISTRIBUTION X Il8VI_r: $. ~Nabb S. Anderson II. Arnold S. Bradow D. Brecunrldge-MlaJll Ilfflce M. Cruz X K. Dickson A, Delster E. Esnelson J. M. Hiscock J. Jackson K. Johnson P. Millar J. Ilorgan C. P_le p, RIIoads J. Show M, Slayton II. Stl_l D. Thatcher D. Unsell p, lIalur K. lIallace A. lIaterhouse E. Yaun Area Engineer Day File Enforc_nt Field Repres'ntatlve Office of Counsel Pe\"lllt File X X X X X X X X X X X X X X X SOYERIlIII8 IlCARD IIEIIIERS Ms. Valerie Boyd Mr. Doran A. Jason Mr. Arsenio Milian Mr. .i_s E. Mall Mr. Fritz Stein Mr. MI u Stout om. OF EllVIROIIIENTAL REGUUTION: Ft. Ilyers Orl ando X Port St. Lucie Ta 11 aIIassM X lIest Pal. Beach ~~ ";f:~:c~::'" ." "","'_. "u" -. _.., .... EXTERIIAL DISTRIBUTION X Applicant: Tradewlnds Develooment Coro, Applicant's Consultant: Stanley Consultants. Ine, Engineer, County of: Pal. Beach Engineer. City of: Bovnton Beach local Drainage District: lake Worth Dralnaae District X X X BUIUlIMG AND 20111118 Boca Raton Boynton Beach Royal Pal. Beach Tequesta West Pal. Beach X '-llI!IIIl Broward -BCEQCB -Director, Water Mgmt. Dlv, -Agricultural Agent -DERM -Bd of County Coa.. (C.Atkln) -Zoning Departlent -D,O,T. -long Range Planning -Ilosqulto Control -C_nity Dev. Director -Env. Protection Agency -Public Utilities Pal. Beach-Building Dept. -Envlronllntal Resources MgMt. -land Developlent Division -llftlD -School Brd., Growth Mgt, Ctr, Polk -Water Resources Dept, St, lucle -Planning Division Collier Dade Hendry lee Martin Orange X X X X l!IHm Sierra Club Central Florida Group Mr, Charles lee Florida Audubon Society 1101 Audubon Way Maitland, Fl 32751 City of Port St, lucle Planning Division EXIIIBIT...1... . '. ',~ " :. ,-. ~,;~~~~ft~~-,_: ~~;;' . ";~~fIi~~~~~i~ ' , "', "";,.." ,~'i;!j;, ",<\;,,,.. ,. -~'..'._,',,' .,'. ~ ,'''''.c'';r-, . ~..)I;' . .~. "W'~'_'."". ..~~"""'""~ .~,.'''',lo\'''' M ...' ....;.-;:.t~..::.:.;, ~: -~~.o.I.4G",;::"" "f. . AGREEMENT REGARDING FURTHER DEVELOPMENT THIS AGREEMENT (this "Agreement") dated as of this 3L5I11ay of ttllffL 1998, is made and entered into by and between HOWARD R. SCHARLIN, individually and as Trustee ("Scharlin"), and HOME DEPOT U.S,A, INC., a Delaware corporation ("lID"). PRELIMINARY STATEMENT A. Scharlin is the owner in fee of certain real property located at S.W. 8th Street and Purple Heart Way in the City of Boynton Beach, Palm Beach County, Florida, consisting of 6.153 acres more particularly described on Exhibit"A" annexed hereto (the "Future Retail Parcel"). The Future Retail Parcel includes an approximate 20,000 square-foot area shown as the Future Retail Area (hereinafter referred to as the "Future Retail Area") on that certain site plan (the "Revised Site Plan") attached hereto as Exhibit B, B, HD is the owner in fee of certain real property comprising approximately ten (10) acres (the "Depot Parcel") located adjacent to the Future Retail Parcel. Existing improvements on the HD Parcel include a building (the "Home Depot Store") containing approximately 102,000 square feet of ground floor area exclusive of mezzanine, a garden area and truck loading docks, customer pickup and compactor facilities and related parking and site facilities in the areas indicated on the Site Plan. C. lID is also the owner in fee of certain real property consisting of approximately 8.463 acres (the "Expo Parcel") located adjacent to the Future Retail Parcel on which lID intends to develop and operate an approximately 88,000 square-foot Expo Design Center store (the "Expo Store") and related parking facilities, The Expo Parcel and the Depot Parcel are herein collectively referred to as the "lID Parcel". The lID Parcel is more particularly described on Exhibit C annexed hereto, D. Scharlin and lID are parties to that certain Reciprocal Easement and Operation Agreement dated February 12, 1990, as recorded in the Public Records of Palm Beach County, Florida in Official Records Book 6378, Page 1953 on March 8, 1990, as amended by instrument dated August 18, 1993, recorded at Book 7850, Page 1':;77 on August 23, 1993, aforesaid records (the "REA"). E, Scharlin and lID wish to enter into this agreement for the purpose of agreeing to certain aspects as to the further development ofScharlin's Parcel and the lID Parcel in the context of the REA and otherwise, All capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the REA. H:\REG\JBJ\ 14S8S\02\I)(XS\AGMTREDE.03 03/2711998 4;47 pm STATEMENT OF AGREEMENT NOW. THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Scharlin and lID hereby grant, covenant and agree as follows: I. Revised Site Plan. lID and Scharlin hereby approve the Revised Site Plan and the location of all buildings and other improvements depicted thereon. All references to the "lID Parcel" in the REA shall mean the property described on Exhibit C hereto. 2. Grant of Soecific Draina~e Easement. In supplementation of the general utility easements granted pursuant to the REA, each of lID and Scharlin hereby grants and conveys to the other, for the benefit of the other's Parcel, a perpetual easement in, to. over. under and across each other's Parcel for the purposes of installation, operation, use, maintenance, repair and replacement of the existing underground storm drainage line located therein. 3. Pylon Sil:n, Section 1.04 of the REA is hereby deleted. lID and Scharlin acknowledge that there currently exists one pylon sign at the intersection of Woolbright Place and SW 8th Street rather than two pylon signs as contemplated by the REA. lID and Scharlin agree as follows regarding such pylon sign: a, lID and Scharlin agree to work together in good faith in an attempt to obtain such permits and approvals as are necessary to modifY the existing sign consistent with the drawing attached hereto as Exhibit D, In such event, lID shall be entitled to the two sign panels in the positions shown for the Home Depot and Expo sign panels on such drawing and Scharlin shall be entitled to allocate the remaining panels among tenants and occupants of Scharlin's Parcel as he sees fit. b. In the event that the permits and approvals necessary to modifY the existing sign in the manner contemplated in subparagraph 3(a) above are not obtained but lID and Scharlin are permitted by the City of Boynton Beach to continue to utilize the existing pylon sign as depicted on Exhibit E hereto, then lID shall be entitled to the two sign panels in the positions shown thereon for the Home Depot and Expo sign panels and Scharlin shall be entitled to allocate the remaining panels among tenants and occupants ofScharlin's Parcel as he sees fit. c, In the event that the permits and approvals necessary to modifY the existing sign in the manner contemplated in subparagraph 3(a) above are not obtained and lID and Scharlin are not permitted by the City of Boynton Beach to continue to utilize the existing sign, lID shall have the right in the aggregate to no less than 160 square feet of space on whatever pylon and/or monument signs are devoted to the Center for the display of signs for the Home Depot Store and the Expo Store and Scharlin shall be entitled to allocate any remaining panels on such signs among tenants and occupants ofScharlin's Parcel as he sees fit, H:\REG\JBJ\ 14S8S\02\DOCS\AGMTREDE.03 2 03/3111998 12:59 pm d, Scharlin shall reimburse HD for its proportionate share of the costs of constructing, modifying, lighting, maintaining and repairing the pylon sign and any monument sign based on the ratio of the area of his sign panels to all sign panels on the pylon sign and any monument sign. Scharlin shall have reasonable access to the HD Parcel for purposes of erecting, maintaining, repairing and/or replacing his sign panels on the pylon sign and any monument SIgn. 4, No Build Easement. No building or other similar structure or improven.ent shall be constructed on those portions of the Future Retail Parcel designated as the "No Build Easement" on the Revised Site Plan. Paved parking spacr:s may be located in said No Build Easement Areas. The purpose of the No Build Easement located on the Additional Outparcels is to maintain the visibility of the Expo Store and its storefront signage. HD will consider, in good faith. any requested modification to such No Build Easement upon the receipt of a proposed site plan from Scharlin, The determination as to any modification of such No Build Easement shall be made by HD from the perspective of maintaining such visibility of its store and its storefront slgnage. 5. Maintenance of Landscaped Areas. a. The maintenance of the landscaping in the medians located on S.W, 8th Street adjacent to the Center shall be maintained and operated by the Woolbright Place Master Association, Inc, pursuant to a separate agreement and shall therefore not be the subject of this Agreement. b, Each ofScharlin and HD shall maintain, at its sole cost, the landscaped strips located in those portions of the rights of way of SW 8th Street and Purple Heart Way adjacent to its Parcel and in the adjacent landscaped buffers located on its Parcel. Such maintenance shall be performed in accordance with the requirements of the City of Boynton Beach, 6. Liihtini, Scharlin agrees that the Additional Outparcels located in front of the Expo Parcel and depicted on the Revised Site Plan shall be lighted in a manner consistent with the lighting of the Expo Parcel such that the lighting of the Additional Outparcels shall not be brighter or dimmer than the lighting of the Expo Parcel. 7. Parkinll, In addition to the parking requirements established by the REA, no building or other structure shall be permitted on the HD Parcel or Scharlin's Parcel or the Additional Outparcels if such building or other structure would reduce the parking ratio within any such Parcel or Additional Outparcels, as the case may be, to fewer than the number of parking spaces actually needed to meet the effective needs of the customers and invitees of such Parcel or Additional Outparcels. as the case may be. The intent of this provision is to avoid the need to use parking spaces on any other Parcel for the operation of the business on the subject H,IREG\JBJl14S8S\02\DOCSlAGMTREDE.03 3 03/311199812;S9pm Parcel or Additional Outparcels, as the case may be. In no event shall this provision detract from or negate the grant of parking easements pursuant to subs~ction 1.01(b) ofthe REA. 8. Amendment of Use Restrictions, The use restrictions established by the REA are amended as follows: a, Notwithstanding the last sentence of subsection 3.0l(f) ofthe REA, in no event shal! any portion of Scharlin's Parcel be used as health spa, exercise facility or movie theatre, except that one health spa or exercise facility may be located on the Additional Outparcels provided the following conditions are satisfied: (i) The parking ratio maintained as to such facility shall not be less than one space per 100 square feet of building area (or the parking ratio otherwise established herein, whichever is more stringent); (ii) Vehicular access to the Additional Outparcels shall be solely from S.W, 8th Street, There shall be no curb cuts leading to and from the Additional Outparcels and the parking area serving the Expo Store and the Future Retail Area. Instead, the Additional Outparcels shall be separated from the remainder of the Center by a green vinyl clad chain link fence with mature ficus hedges (or other similar dense vegetation approved by the City of Boynton Beach) on both sides of such fence. The design of the fence and the landscaping shall be subject to HD's reasonable approvaL Scharlin, at his sole cost and expense shall maintain such chain link fence and hedges in first class condition. b, Notwithstanding the terms of subsection 3.0l(g) of the REA, the Scharlin Parcel may be used for the sale of furniture (but not for the sale of pool, patio or lawn furniture). c, In addition to the restrictions set forth in subsection 3,OI(g) of the REA, no portion ofScharlin's Parcel (other than any outparcels previously conveyed to third parties unless otherwise already restricted by the REA) shall be used for a home design center or for the sale of home security devices, lighting, appliances, tubs, sinks, mirrors, vanities, counter tops, other components of home improvements or floor coverings (including tile) except for the incidental sale of such items (as hereinafter defined); provided, however, this restriction shall not prohibit the offering of home design and decorating services on an ancillary basis by a full line fumi ture store. d. For purposes of subsection 8(c) above and section 3,OI(g) of the REA, the use ofless than 2,000 square feet in the aggregate on Scharlin's Parcel for the sale of the items restricted by such subsection 8(c) or section 3.01(a) shall f;;onstitute the "incidental sale" of such items and shall not be deemed to constitute a violation hereof. e. Notwithstanding the terms of subsection 3.01(f) of the REA, a restaurant such as a Chili's, Benigans, or TGIFridays may be operated on the Additional Outparcels, provided the following conditions are satisfied: H:\REGVBJ\ 14S8S\02\IXX::S\AGMTREDE.03 4 03/31/199812:59 pm (i) The parking ratio maintained as to such facility shall not be less than one space per 50 square feet of seating area (or the parking ratio otherwise established herein, whichever is more stringent); (ii) Vehicular access to the Additional Outparcels shall be solely from S. W. 8th Street. There shall be no curb cuts leading to and from the Additional Outparcels and the parking area serving the Expo Store and the Future Retail Area. Instead, the Additional Outparcels shall be separated from the remainder of the Center by a green vinyl clad chain link fence with mature ficus hedges (or other similar dense vegetation approved by the City of Boynton Beach) on both sides of such fence. The design of the fence and the landscaping shall be subject to HD's reasonable approval. Scharlin, at his sole cost and expense shall maintain such chain link fence and hedges in first class condition. 9, Cessation of Business on HD Parcel. Subsection 3.01 G) of the REA is deleted In Its entirety, In the event HD has not used for a successive period of one year or longer (exclusive of any period of renovation, remodeling orrestoration) the HD Parcel for a home improvement center or home improvement design center, the restrictions of subsection 3.0i(g) of the REA, as modified above, shall be null and void. . 11. Additional Outnarcel Restrictions. The restrictions of section 3.02 of the REA, are amended as follows, shall apply to the Additional Outparcels: a. The restrictions as to building height and maximum building floor area specified in section 3.02(a) are deleted as to the Additional Outparcels, b, Access to the Additional Outparcels shall be by no more than two (2) curb cuts located in the "Permissible Curb Cut Area" depicted on the Revised Site Plan (subject, however, to the terms of subsection 8(a) and 8(e) above) 12. Development of the Future Retail Parce{. The Owners acknowledge and agree that Scharlin intends to develop the Future Retail Parcel for shopping center and related retail uses with common roadways and parking areas with the Center as indicated on the Revised Site Plan. The following provisions shall govern the development of the Future Retail Parcel: a. Scharlin shall construct and develop the Future Retail Parcel as part of the Center in accordance with all the terms and provisions of this Agreement, and the plans and specifications as reasonably approved by HD. and in a good and workmanlike manner reasonably designed to minimize any interference with the HD Par.;;el. Any modifications, revisions or additions to the plans and specifications for the Future Retail Parcel after HD approval shall require the prior written reasonable approval ofHD, All such work called for in the approved plans and specifications shall be done at Scharlin's sole cost and expense in accordance with all requirements oflaw, including all rules, regulations, ordinances, statutes and guidelines promulgated by any applicable governmental or quasi-governmental authorities, agencies or organizations, Scharlin will apply for and obtain. at its own expense, any and all necessary H,IREGIlBJ\14S8S\02\DOCS\AGMTREDE,03 5 03/3111998 12:59 pm governmental approvals for the on and off-site improvement work to the Future Retail Parcel, including without limitation, the building permit for any of its improvements. Scharlin shall indemnify, defend, hold and save HD and its agents, servants. employees, officers and directors harmless from any and all losses, damages. liabilities costs or expenses arising or alleged to have arisen out of any intentionally tortious or negligent act or omission of Scharlin, his agents, contractors, subcontractors, servants, employees, licensees or invitees in connection with any construction work to be performed by or at the direction of Scharlin, b. In addition to any other limitations set forth in this Agreement, Scharlin hereby covenants and agrees with HD that any building constructed on the Future Retail Parcel shall be architecturally compatible with the Expo Store (subject. in the case of national tenants having in excess of25 stores, to the incorporation of such tenant's prototype national store- front), the height of such building (including all rooftop apparatus and architectural embellishments) shall not exceed the height of the Expo Store and such building shall not protrude in front of the Expo Store (i.e.. be located nearer S.W. 8th Street than the Expo Store). c. Such improvements shall also comply with the following architectural and construction requirements: (i) The building finished floor or pavement of any building on the Future Retail Parcel shall not be more than 18 inches below the finished floor of the building constructed on the Expo Parcel. (ii) No portion of any such building shall be constructed such that the footings and foundations of the Expo Store are undermined or adversely affected in any manner, d, Scharlin and HD hereby grant to the other a non-exclusive right and easement to install, maintain. repair and replace canopies, roof flashing, roofs and other like projections and any insubstantial encroachments attached to the improvements to be constructed on the Expo Parcel and the Future Retail Parcel; provided, however, that any such encroachment (i) shall be subject to the prior written approval of the owner of the Parcel affected thereby (which approval shall not be unreasonably withheld or delayed); (ii) shall not materially or adversely interfere with the use and operation ofvisibility of the Parcel burdened thereby; and (iii) shall not require the removal or alteration of any building or other improvements located on the Parcel burdened thereby. e. Subject to the following provisions of this subsection 12(e), HD hereby specifically consents to the placement of a building on the Expo Parcel in the location shown on the Site Plan: (i) All buildings constructed on the Future Retail Parcel shall comply with the following requirements: (i) no building shall be constructed within sixty (60) feet of any H:\REGVBJ\14S8S\02\DOCS\AGMTREDE.03 6 03/27/1998 4:41 pm common boundary lines unless such building (hereinafter referred to as the "Adjacent Building") shall be located immediately adjacent to the common boundary line and is attached to the building, if any, on the adjacent Parcel; (ii) if an Adjacent Building exists, then no building shall be located within sixty (60) feet of the Adjacent Building unless such building is attached to the Adjacent Building (the Adjacent Building and all other buildings on the Parcel that are attached to the Adjacent Building and to each other are hereinafter referred to as the "Building Group") (iii) any building that is not part of the Building Group shall be located at least sixty (60) feet from the Building Group; and (iv) the Adjacent Building or the Building Group, as the case may be, shall comply with the building code requirements applicable to an "unlimited area" building, including, without limitation, the installation of any approved sprinkler system for fire protection. (ii) In addition to the requirements set forth above, the parties hereto agree that no building shall be placed or constructed on the Parcels in a manner which will, based on the then existing governmental regulations. either preclude the construction of an "unlimited area" building, or cause an existing "unlimited area" building thereon to (i) no longer be in conformance with applicable building code requirements; or (ii) require a change of "frre rating" to comply with such codes; or (iii) require the use of different building materials or other alterations to the existing building to comply with such codes. f. If Scharlin constructs improvements on the Future Retail Area after lID's store on the Expo Parcel is open for business, Scharlin shall perform such construction so as not to deprive HD of the use of any parking areas, driveways. entranceways, The location of any staging area and haul roads shall be subject to lID's reasonable approval. 13, Increase in Liability Insurance Limitations. The required amount ofliability insurance required pursuant to section of the REA is increased from $1,000,000 to $3,000,000. 14, Additional Addresses for Notice PurDoses. Article IX regarding notices is amended to provide as follows: A copy of any notice to Scharlin should be sent to: c/o Morton Group 902 Clint Moore Road, Suite 124 Boca Raton, Florida 33487 Attn: Michael Morton A copy of any notice to HD should be sent to: James B, Jordan Sutherland. Asbill and Brennan LLP 999 Peachtree Street, NE Atlanta, Georgia 30309-3996 15, Termination of Existine A2reements, lID and Scharlin hereby terminate that certain Undisturbed Area Easement Agreement between Scharlin and lID dated February, 1990, H,IREGIlBJlI4S8SI02IDOCSlAGMTREDE,03 7 03/27/1998 4:47 pm recorded in O.R. Book 6378, Page 1948, as amended by Amendment to Undisturbed Area Easement Agreement dated August 18. 1993 recorded in O.R, Book 7850, Page 1583, public records of Palm Beach County, Florida. 16, Unified Control. The undersigned Owners, being the owners of the real property which comprises the Center, which entire property is legally described on the attached Exhibit F. declare that this document shall bind in perpetuity (to the extent permitted by applicable law) all heirs, assigns, successors and future owners of the Center. to develop, operate and maintain said Center under unified control, in compliance with the City of Boynton Beach Code of Ordinances and in compliance with conditions of approval for all "Development Orders" or "Development Permits" issued for the Center. without recourse to the City of Boynton Beach or any other public agency, Exhibit F attached hereto contains a legal description m:the entire Center. which legal description has been certified by the surveyor of the Center and indicates the total number of acres of the Center. 17. Provisions of REA. To the extent not otherwise inconsistent herewith, the provisions of the REA shall apply hereto. Without limiting the generality of the foregoing, either party shall be entitled to avail itself of the self-help provisions of section 6.01 of the REA in the event the other party defaults hereunder. 18, Deletion of Repurchase Ri~bt. The terms of section 11,01 of the REA granting Scharlin a repurchase right in certain circumstances are hereby deleted. 19, Miscellaneous, (a) If any provision of this Agreement. or portion thereof, or the application thereof to any person or circumstances. shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this Agreement. or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; it shall not be deemed that any such invalid provision affects the consideration for this Agreement; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Upon execution, HD and Scharlin shall cause this Agreement to be recorded in the Palm Beach County real estate records. (b) lbis Agreement shall be construed in accordance with the laws of the State of Florida, (c) The Article headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. (d) Nothing in this Agreement shall be construed to make the parties hereto partners or joint venturers or render any of said parties liable for the debts or obligations of the other parties, H,IREG\JBJlI4S8SI02\DOCSlAGMTREDE.03 8 OJ/JI/1998 12:,59 pm (e) This Agreement shall run with ili,;; land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. (t) This Agreement may be amended, modified, or terminated at any time by a declaration in writing, executed and acknowledged by all the parties to this Agreement, or their successors or assigns. This Agreement shall not be otherwise amended, modified or terminated during the term hereof, (g) The term "parties" as used in this Agreement shall mean the fee simple title holders of the Parcels. It is specifically understood and agreed that there shall be no personal liability of the parties in respect to any of the covenants. conditions or provisions of the Agreement. In the event of a breach or default by a party of any of its ol:-ligations under this Agreement, the other party shall look solely to the equity of the party in its Parcel for the satisfaction of its remedies. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement under seal as of the day and year first above written. SCHARLIN: ( ~J/ ~ ~t(i~ / Witness 0 Print Name: /(.el? / 12.. !J (i{J/ ~ It<t 'Z L~ (SEAL) , Ho ard R Scharlin, Trustee, Individually, and as Trustee under agreement dated December 11, 1986 , t-t.~ 1 tlA--~ Witness Print Name: M;rRf IT N ItsoAJ IW.: HOME DEPOT U,SA, INC. Witness Print Name: By: Name: Title: Witness Print Name: H:\REGVBJ\ 14S8S\02\DOCS\AGMTREDE.03 9 03/27/19984:47pm (e) This Agreement shall run with tf,e land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. (t) This Agreement may be amended, modified, or terminated at any time by a declaration in writing, executed and acknowledged by all the parties to this Agreement. or their successors or assigns. This Agreement shall not be otherwise amended, modified or terminated during the term hereof. (g) The term "parties" as used in this Agreement shall mean the fee simple title holders of the Parcels. It is specifically understood and agreed that there shall be no personal liability of the parties in respect to any of the covenants, conditions or provisions of the Agreement. In the event ofa breach or default by a party of any of its orligations under this Agreement, the other party shall look solely to the equity of the party in its Parcel for the satisfaction of its remedies. IN WITNESS WHEREOF. the parties hereto have caused their duly authorized representatives to execute this Agreement under seal as of the day and year first above written. SCHARLlN: (SEAL) Howard R Scharlin, Trustee, Individually, and as Trustee under agreement dated December 11, 1986 Witness Print Name: Witness Print Name: HD: . ~OAAf~ ~~ Witness Print Name: Narr t '&:f.h /?I vnnVPe, . gulV (jI/ANh' Wltne '--- -A Print Name: ~~~_ ~ By: Name: Title: o..LP ~- wJ18'i<<!i\ ~. \jV H:\REGUBJ\ 14S8S\02\DOCS\AGMTREDE.03 9 03/27/1998 4:47 pm STATE OF FLORIDA "- " COUNTY OF \,hClmi ~ The foregoing instrument was acknowledged before me this ~\st day of")oLlg,rtJ,.. , 1998, by HOWARD R, SCHARLIN, Trustee. ka.. o.L~ / Notary Public <S My Commission Expires: Y SEAL KEN1A SANCHEZ PUBUC STATE OF FLORIDA COMMISSION . MYCOMMIS6ION EXP, ULY 4,1998 STATE OF GEORGIA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 1998, by of HOME DEPOT D,S.A., INC" a Delaware corporation, on behalf of the corporation, Notary Public My Commission Expires: H,IREG\JBJ\14S8S\02\DOCS\AGMTREDE,03 10 03/27/1998 4:47 pm STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 1998, by HOWARD R, SCHARLIN, Trustee. day of Notary Public My Commission Expires: STATE OF GEOR<;JIA COUNTY OF~ \~n Tl).e foregoing instrument was aclQ10wletfged before me this ~ day of Max-- c.h ' , 1998, by (I C.ut:> \ \D~ .' 'I ie'll '\1..",c\,.tI- ~(HOME DEPOT U.S,A., INC" a Delaware corporation, on behalf of the corporation, ~,I,.~,\.._.o . Notary Public \ kru-o.. I--o.u-(-<<''"'-''- My Commission Expires: f........... NIIln~. GecllIIII 1.0IIlIIlIIIIiliI.... JWy 11. aGIiO H:\REG\JBJ\ 14S8S\02\DOCS\AGMTREDE.03 10 03127/1998 4:47 pm EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F H;\REGVBJ\ 14.58.5\02\D<XS\AGMTREDE.OJ LIST OF EXHIBITS: Legal iescription of Future Retail Parcel Site Plan (marked to show Future Retail Area. Additional Outparcels, Permissible Curb Cut Area, No Build Easements) Legal description of the HD Parcel Drawing of Modified Pylon Sign Drawing of Existing Pylon Sign Legal Description of Center 13 03/27/1998 4:47 pm F.xHIBIT A Legal Description - 6.153 Acre Tract A portion ofTract "E". SHOPPES OF WOOLBRIGHT P,C,D., Part ofWOOLBRIGlIT PLACE, p, U.D., being a replat of a portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29. Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, and a portion of Tract "A", Woolbright Place Plat 1, recorded in Plat Book 67, Page 47, Public Records of Palm Beach County, Florida, more particularly described as follows: COMMENCING at the southwest comer of said Tract "E" being on the arc of a curve, concave to the southwest (radial line to said point bears N83"21 ' 08"E); thence northwesterly along the west line of said Tract "E" and the arc of said curve, having a radius of 1851.74 feet, a central angle of 00"36'41" and an arc distance of 19.76 feet to the POINT OF BEGINNING; thence continue northwesterly along the arc of said curve, having a radius of 1851,74 feet, a central angle of 11057'06" and an arc distance of386,27 feet to a point of reverse curvature ofa curve. concave to the northeast; thence northwesterly along the arc of said curve, having a radius of 1438.26 feet, a central angle of07"10'0T' and an arc distance of 179.95 feet; thence N37"35'20"E, 46.53 feet to a point on a line 30,00 feet north of and para11el with the north line of said Tract "E"; thence N88"26'13''E, along said para11elline, 349.04 feet; thence SOO"09'35''E, 481.73 feet; thence N89"50'25"E, 52.14 feet; thence NOO"09'35''W, 69.11 feet; thence N89050'25"E, 239.55 feet; thence NOO"09'35''W, 41.17 feet; thence N89"50'25"E, 301.75 feet; thence SOoo09'35"E, 5.00 feet; thence N89050'25''E, 36.00 feet; thence SOoo09'35''E, 125.24 feet; thence S89"50'25"W, 302.71 feet; thence NOO"09'35"W, 8.50 feet; thence S89"50'25''W. 61.25 feet; thence SOoo09'35''E, 40.00 feet; thence S89"50'25"W, 3.15 feet; thence SOoo09'35''E, 47.55 feet; thence S89"50'25''W, 217.01 feet; thence S00"09'35"E, 3,50 feet; thence S89050'25"W, 31.94 feet; thence S00"09'35''E, 10,00 feet; thence S89"50'25''W, 255.62 feet to the POINT OF BEGINNING, The above described property contains 6.153 acres (268,011 square feet) and is shown as a portion of Tract E and a portion of Tract A on a Boundary Swvey for Home Depot U.S.A, Inc. and First American Title Insurance Company prepared by Avirom & Associates, Inc. (Michael D. Avirom, Professional Land Swveyor No. 3268) dated December 16, 1997, last revised on March 24, 1998, which plat of survey is incorporated herein and by this reference made a part hereof. ~ ~ - ~ ~ i ;5: ~ :!! ~__--Il_ ft --' ~I ~ ---- X' -, " - ~ =" = ~- Ii \ , i I I I . ~ I : =~ I ' ~" I ~=. , z~ . :: =-- , J>l"'l -, - - -~~i1J ' ,- ~ -- --r - - - i ~' ..,. . _ ~\J 0 L -_c~_~ 4~-~-=-=-d-': LL~=~_ -.. ~;__. ___ _ _ _ ___ _.J ~ ,------r- \ i : , H \ ~; I ~~ I ~ ' i i \ "" S II " I "' ~ r ! , _i Qi ~ !~ ! -.-1 ~ , Exhibit B ~... ( i ~I c; ., ~, '"' "" J: ~, .' =, -, f' .' .; sueOA"O COAST UNC "AILltOAO . . . I Hilj1ii !Iii 'Ii: I 11"1 !;!I" , ii! .1'1 i 'I i 'i I on "n i' II Hi , .. . . ". : u !! · !!. ! ! I n - j n ~ ~ . ~ O:ll ~- gg "11 -..-..--- ..........--.. --..... . .. Ie. C .. " .. c:.. .. .. , . .. .. , ". "I 0 . . ... I.... . r I ~ ".. .. I" .. .... .. ,... ". 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I pi &." .. ;1 a EXHIBIT C Legal Description Tract "D" and Tract "F', SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT PLACE, P.U.D., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach. Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, Public Records of Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast comer of said Section 29, thence along the East line of said Section 29 North 01 degrees, 34'16" West. a distance of 189.66 feet; thence departing said East line and perpendicular to the preceding course South 88 degrees, 25'44" West, a distance of 100.00 feet to the Point of Beginning. From the Point of Beginning; thence South 89 degrees, 50'25" West. a distance of45L98 feet; thence South 77 degrees, 30'21" West. a distance of324.66 feet; thence North 00 degrees, 09'35" West, a distance of550.35 feet; thence South 89 degrees, 50'25" West, a distance of177.64 feet to the beginning of a non-tangent curve having a radius of 1851.74 feet, from which a radial line bears South 84 degrees, 19'01" West, thence Northwesterly along the arc of said curve, subtending a central angle of 00 degrees, 57'52" a distance of 31.17 feet to the beginning of a non-tangent line; thence North 89 degrees, 50'25" East, a distance of519.23 feet; thence North 00 degrees, 09'35" West, a distance of33.00 feet; thence North 89 degrees, 50'25" East, a distance of 467.41 feet; thence South 01 degrees, 34'16" East, a distance of 292.95 feet; thence South 88 degrees, 25'44" West, a distance of 50.00 feet; thence South 01 degrees, 34'16" East a distance of250.98 feet to the Point of Beginning. TOGETHER WITH: A parcel ofland lying with Tract "E", according to said Plat more particularly described as follows: Begin at the Southeast comer of said Tract "E"; thence South 88025'44" West. a distance of 50.00 feet; thence North 01034'16" West, a distance of2.95 feet; thence South 89050'25" West along a South line of said Tract "E", a distance of467.41 feet; thence North 00009'35" West, a distance of 47.67 feet; thence North 89050'25" East along a line 47.67 feet North of (as measured at right angles) and parallel with the South line of said Tract ''E'', a distance of516.25 feet; thence South 01034'16" East, a distance of49.40 feet to the Point of Beginning. }{''BMGlBMGl14SI5.02\tlNITY .ua TOGETHER WITH A portion of Tract "E", SHOPPES OF WOOLBRIGHT P,C.D., Part of WOOLBRIGHT PLACE, PUD., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, and a portion of Tract "!>.:', Woolbright Place Plat 1, recorded in Plat Book 67, Page 47, Public Records of Palm Beach County, Florida, more particularly described as follows: BEGINNING at the southwest comer of Tract "E" being on the arc ofa curve, concave to the southwest (radial line to said point bears N83021 '08"E); thence northwesterly along the west line of said Tract "E" and the arc of said curve, having a radius of1851.74 feet, a central angle of 00036'41" and an arc distance of 19.76 feet; thence N89050'25"E, 255.62 feet; thence NOoo09'35"W, 10,00 feet; thence N89050'25"E, 31.94 feet; thence NOoo09'35"W, 3.50 feet; thence N89050'25"E, 217.01 feet; thence NOoo09'35"W, 47.55 feet; thence N89050'25"E, 3.15 feet; thence NOoo09'35"W, 40.00 feet; thence N89050'25"E, 61.25 feet; thence SOoo09'35"E, 8.50 feet; thence N89050'25"E, 302.71 feet; thence NOoo09'35''W, 125.24 feet; thence S89050'25"W, 36,00 feet; thence NOOo09'35"W, 5.00 feet; thence S89050'25"W, 301.75 feet; thence SOoo09'35"E, 41.17 feet; thence S89050'25"W, 239,55 feet; thence SOoo09'35"E, 69.11 feet; thence S89050'25"W, 52.14 feet; thence NOoo09'35''W, 481. 73 feet to point on a line 30,00 feet north of and parallel with the north line of said Tract "E"; thence N88026' 13"E, along said parallel line, 782.21 feet to a point on the northerly extension of the east line of said Tract "E"; thence SOl034'16"E, along said northerly extension and said east line, 552.51 feet; thence S89050'25"W, 516.25 feet; thence SOoo09'35"E, 80.67 feet to a point on the south line of said Tract "E"; thence S89050'25"W, along said south line, 519.23 feet to the POINT OF BEGINNING. The above described property contains 8.463 acres (368,653 square feet) and is shown as a portion of Tract E and a portion of Tract A on a Boundary Survey for Home Depot U.S,A., Inc. and First American Title Insurance Company prepared by Avirom & Associates, Inc. (Michael D. Avirom, Professional Land Surveyor No. 3268) dated December 16, 1997, last revised on March ,24, 1998, which plat of survey is incorporated herein and by this reference made a part hereof. H:\BMG\BMG\14585.02\LEGAL.81A Joint Pylon . Option 1 Intntate 95 ~ T ; I ~I 9 ... 9 '" 10'.q' t Exhibit D a- l\o_~ "- '"- -. n. -"'... 11111197 ...- T1ID22aI.al& -- TlIlmOa.CIlll -..... Ollllltl Otll4IW TENANT TENANT TENANT Ca.uNsSloNs . ---- --- Ik_~ Jk_...... -........ -..- .-......--- ----..... ..--.. .....-. ---~.....- ----_..., ~--_.~.. ... ------ ...c...-.____ ---.--- - (;II "" . <0--- . "? '" 1a " ~i . 9, . I "" 51, ~, 1a I . I . 9 (-,; , I '--. I I . , O' ;.. -, i . r E)( h, bi,," Eo t ..-"'"-........ TS 10' X '0" cn.. T1te Hoe. C.,.. D.'..,D..... Oltl,,,. L_If. ....... _II. n DtIII8 fllli_. llU,C1l1 s'-a' i r . SHOPPErs AT WOOLBRIGHT Scale: 1/4'. l'~' ..._ H1&.'" ..... -'"... c._ _OoAlII ~'SSIGliS . er....fiIM.... "---~ .... ,..-- lM,.fU.IJ"" ftu.....-----....1 _c........I.~._ ------...-- ,..-..- '"--..-.. ......:lINI........._.,.... -.---.--...... _........_.~..III- .. ....--...---- ...Clr_...____ ----_........ - ------~._--_._'-- EXHIBIT F Legal Description Tract "D" and Tract "F', SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT PLACE, P.U,D., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, Public Records of Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast comer of said Section 29, thence along the East line of said Section 29 North 01 degrees, 34'16" West, a distance of 189.66 feet; thence departing said East line and perpendicular to the preceding course South 88 degrees, 25'44" West, a distance of 100.00 feet to the Point of Beginning. From the Point of Beginning; thence South 89 degrees, 50'25" West, a distance of 451.98 feet; thence South 77 degrees, 30'21" West, a distance of324.66 feet; thence North 00 degrees, 09'35" West, a distance of 550.35 feet; thence South 89 degrees, 50'25" West, a distance of 177.64 feet to the beginning of a non-tangent curve having a radius of 1851. 74 feet, from which a radia1line bears South 84 degrees, 19'01" West, thence Northwesterly along the arc of said curve, subtending a central angle of 00 degrees, 57'52" a distance of 31.17 feet to the beginning of a non-tangent line; thence North 89 degrees, 50'25" East, a distance of519.23 feet; thence North 00 degrees, 09'35" West, a distance of33.00 feet; thence North 89 degrees, 50'25" East, a distance of 467.41 feet; thence South 01 degrees, 34'16" East, a distance of 292.95 feet; thence South 88 degrees, 25'44" West, a distance of 50.00 feet; thence South 01 degrees, 34'16" East a distance of250.98 feet to the Point of Beginning. TOGETHER WITH: A parcel ofland lying with Tract "E", according to said Plat more particularly described as follows: Begin at the Southeast comer of said Tract "E"; thence South 88025'44" West, a distance of 50.00 feet; thence North 01034'16" West, a distance of2.95 feet; thence South 89050'25" West along a South line of said Tract "E", a distance of 467.41 feet; thence North 00009'35" West, a distance of 47.67 feet; thence North 89050'25" East along a line 47.67 feet North of (as measured at right angles) and parallel with the South line of said Tract "E", a distance of516.25 feet; thence South 01034'16" East, a distance of49.4O feet to the Point of Beginning. EXHIBIT F Legal Description - 8.463 Acre Tract A portion ofTr ct "E", SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT PLACE, P. D.D. being a replat of a portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, To hip 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, accordi g to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, and a portion of Tract "A", Woolbright Place Plat 1, recorded in Plat Book 67, Page 47, Public Records of Palm Beach ounty, Florida, more particularly described as follows: BEGINNING a the southwest comer of Tract "E" being on the arc of a curve, concave to the southwest (radi line to said point bears N83"21'08"E); thence northwesterly along the west line of said Tract "E and the arc of said curve, having a radius of 1851. 74 feet, a central angle of 00036'41" and arc distance of 19.76 feet; thence N890S0'2S"E, 255.62 feet; thence NOoo09'3S"W, 0.00 feet; thence N890S0'2S"E, 31.94 feet; thence NOoo09'3S"W, 3,50 feet; thence N890S0' S"E, 217,01 feet; thence NOoo09'3S"W, 47.55 feet; thence N890S0'2S"E, 3.15 feet; thence NO 09'3S"W, 40.00 feet; thence N890S0'2S"E, 61.25 feet; thence SOoo09'3S"E, 8.50 feet; thenc N890S0'2S"E, 302.71 feet; thence NOoo09'3S"W, 125.24 feet; thence S890S0'2S"W,3 .00 feet; thence NOOo09'3S"W, 5.00 feet; thence S890S0'2S"W, 301.75 feet; thence SOoo09'3 "E, 41.17 feet; thence S890S0'2S"W, 239.55 feet; thence SOoo09'3S"E, 69,11 feet; thence S89 SO'2S"W, 52.14 feet; thence NOoo09'3S"W, 481.73 feet to point on a line 30,00 feet north of an parallel with the north line of said Tract "E"; thence N88026' 13"E, along said parallel line, 782 21 feet to a point on the northerly extension of the east line of said Tract "E"; thence SOI034' 1 "E, along said northerly extension and said east line, 552.51 feet; thence S890S0'2S"W, 516.25 feet; thence SOoo09'3S"E, 80.67 feet to a point on the south line of said Tract "E"; thenc S890S0'2S"W, along said south line, 519.23 feet to the POINT OF BEGINNING. The above desc bed property contains 8.463 acres (368,653 square feet) and is shown as a portion of Tract and a portion of Tract A on a Boundary Survey for Home Depot U.S.A, Inc. and First Ameri an Title Insurance Company prepared by Avirom & Associates, Inc. (Michael D, Avirom, Profess onal Land Surveyor No. 3268) dated December 16, 1997, last revised on March 24, 1998, which plat of survey is incorporated herein and by this reference made a part hereof H:\BMG\BMG\14585.02 GAL81A EXHIBIT F Legal Description - 6.153 Acre Tract A portion ofTract "p", SHOPPES OF WOOLBRIGHf P.C.D., Part ofWOOLBRIGHf PLACE, P.U.D., b~g a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Townsbjp 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according tq the Plat thereof recorded in Plat Book 65, Pages 137 and 138, and a portion of Tract "Ai, Woolbright Place Plat I, recorded in Plat Book 67, Page 47, Public Records of Palm Beach Cowjty, Florida, more particularly described as follows: ! COMMENCING at ithe southwest comer of said Tract "E" being on the arc of a curve, concave to the southwest (ralllalline to said point bears N83"21 '08"E); thence northwesterly along the west line of said Trabt "E" and the arc of said curve, having a radius of 1851.74 feet, a central , angle of 00"36'41" l\nd an arc distance of 19.76 feet to the POINT OF BEGINNING; thence continue northwest~ly along the arc of said curve, having a radius of1851.74 feet, a central angle of 11.57'06" and lIDi arc distance of386.27 feet to a point of reverse curvature ofa curve, concave to the no~east; thence northwesterly along the arc of said curve, having a radius of 1438,26 feet, a cen al angle of 07"10'07" and an arc distance of 179.95 feet; thence N37"35'20"E, 46.5, feet to a point on a line 30.00 feet north of and parallel with the north line of said Tract "E"; thenj:e N88"26' 13''E, along said parallel line, 349.04 feet; thence SOO"09'35''E, 481.73 feet; thence N89"50'25''E, 52.14 feet; thence NOO"09'35"W, 69.11 feet; thence N89.50'25"E, 239.55 feet; thence NOO.09'35"W, 41.17 feet; thence N89"50'25''E, 301.75 feet; thence SOO.09'35"~, 5.00 feet; thence N89.50'25''E, 36.00 feet; thence SOO.Q9'35''E, 125.24 feet; thence S89"50'Z5"W, 302.71 feet; thence N00"09'35"W, 8.50 feet; thence S89"50'25"W, 61.25 feet; thence Spo.09'35"E, 40,00 feet; thence S89"50'25"W, 3.15 feet; thence S00"09'35"E, 47.55 feet; thence S~9"50'25''W, 217.Ql feet; thence SOO"09'35"E, 3.50 feet; thence S89.50'25"W, 31.94 feet; thence SOO.09'35''E, 10.00 feet; thence S89"50'25"W, 255.62 feet to the POINT OF BEGINNING. The above describe4 property contains 6.153 acres (268,011 square feet) and is shown as a portion ofTract E and a portion ofTract A on a Boundary Survey for Home Depot U.S.A, Inc. and First American title Insurance Company prepared by Avirom & Associates, Inc. (Michael D. Avirom, Professioo4J. Land Surveyor No. 3268) dated December 16, 1997,last revised on March 24, 1998, which Plat of survey is incorporated herein and by this reference made a part hereof. i'repared by and after recording return to: James B. Jordan, Esq. Sutherland, Asbill & Brennan LLP 999 Peachtree Street, NE Atlanta, Georgia 30309 UNITY OF TITLE In consideration of the issuance of a permit to HOME DEPOT U.S.A., INC., for the construction of Expo Design Center in the City of Boynton Beach, Florida, the Undersigned hereby agrees to restrict the use of the property described in Exhibit A hereto in the following manner: 1. Said property shall be considered as one plot and parcel of land, and that no portion of said plot and parcel ofland shall be sold, transferred, devised or assigned separately, except in its entirety as one plat or parcel of land. 2. The Undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect, and be binding upon the undersigned, their heirs and assigns. Release of this Unity of Title must be approved by the administrative head of the Boynton Beach Department of Development and ratified by the City Commission. 3. The Undersigned further agrees to record this instrument in the Public Records of Palm Beach county at his (her) expense. Sealed, sealed, executed and acknowledged on this ~ay of 1(jMUlv ,1998. Signed, sealed and delivered in the presence of: HOME DEPOT U.S.A., INC. a Delaware corporation By: ~ AlN7 Name: V'O ----roolY1e.' 3-:30-~~ Title: \i;c.>e- (e.si lY'ec~€f'.\JV Witne~o(~N.L Print Name:A1nn1 &:+t. I rlwJOr<:e.- ~ (kA-I/.I./ Witness ..-r-' f) Print Name: <..JtJ6:j6bf/ tU.i!..c.../A.- STATE OF GE~~ COUNTY OF n (' Th, f~"",ing ""'::lJ:::;:~ OCf~WI""g"" b,fore = "'" 00 day of ~ , 1998, by _13-fll \ IDrn<e..' '\J ' \1..' .:- ~I;J~ME DEPOT U.S.A., INC., a Delaware corporation, on behalf of the corporation, which individual is personally known to me or has produced a driver's license as ide, ficatio and who . not ake an oath. [Seal] NaIIrY Public, Fulton County, Georgia My COmmIssion Expires July 11,2000 EXHIBIT A Legal Description Tract "D" and Tract "F', SHOPPES OF WOOLBRIGHT P.C.D., Part of WOOLBRIGHT PLACE, P.U.D., being a replat ofa portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, Public Records of Palm Beach County, Florida, more particularly described as follows: Commencing at the Southeast comer of said Section 29, thence along the East line of said Section 29 North 01 degrees, 34'16" West, a distance of 189.66 feet; thence departing said East line and perpendicular to the preceding course South 88 degrees, 25'44" West, a distance of 100.00 feet to the Point of Beginning. From the Point of Beginning; thence South 89 degrees, 50'25" West, a distance of 451.98 feet; thence South 77 degrees, 30'21" West, a distance of324.66 feet; thence North 00 degrees, 09'35" West, a distance of 550.35 feet; thence South 89 degrees, 50'25" West, a distance of 177.64 feet to the beginning ofa non-tangent curve having a radius of 1851.74 feet, from which a radial line bears South 84 degrees, 19'01" West, thence Northwesterly along the arc of said curve, subtending a central angle of 00 degrees, 57'52" a distance of31.17 feet to the beginning ofa non-tangent line; thence North 89 degrees, 50'25" East, a distance of519.23 feet; thence North 00 degrees, 09'35" West, a distance of33.00 feet; thence North 89 degrees, 50'25" East, a distance of 467.41 feet; thence South 01 degrees, 34'16" East, a distance of292.95 feet; thence South 88 degrees, 25'44" West, a distance of 50.00 feet; thence South 01 degrees, 34'16" East a distance of250.98 feet to the Point of Beginning. TOGETHER WITH: A parcel ofland lying with Tract "E", according to said Plat more particularly described as follows: Begin at the Southeast comer of said Tract "E"; thence South 88025'44" West, a distance of 50.00 feet; thence North 01034'16" West, a distance of2.95 feet; thence South 89050'25" West along a South line of said Tract "E", a distance of467.41 feet; thence North 00009'35" West, a distance of 47.67 feet; thence North 89050'25" East along a line 47.67 feet North of (as measured at right angles) and parallel with the South line of said Tract "E", a distance of516,25 feet; thence South 01034'16" East, a distance of 49.40 feet to the Point of Beginning. H;\BMGIBMG\I.S8S,02\UNITY.lEG TOGETHER WITH A portion of Tract "E", SHOPPES OF WOOLBRIGill P.C.D., Part of WOOL BRIG ill PLACE, P.D.D., being a replat of a portion of LAKE BOYNTON ESTATES PLAT 3, situate in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 65, Pages 137 and 138, and a portion of Tract "A", Woolbright Place Plat 1, recorded in Plat Book 67, Page 47, Public Records of Palm Beach County, Florida, more particularly described as follows: BEGINNING at the southwest corner of Tract "E" being on the arc ofa curve, concave to the southwest (radial line to said point bears N83021 '08"E); thence northwesterly along the west line of said Tract "E" and the arc of said curve, having a radius of1851.74 feet, a central angle of 00036'41" and an arc distance of 19.76 feet; thence N89050'25"E, 255.62 feet; thence NOoo09'35"W, 10.00 feet; thence N89050'25"E, 31.94 feet; thence NOoo09'35"W, 3.50 feet; thence N89050'25"E, 217.01 feet; thence NOoo09'35"W, 47.55 feet; thence N89050'25"E, 3.15 feet; thence NOoo09'35"W, 40.00 feet; thence N89050'25"E, 61.25 feet; thence SOoo09'35"E, 8.50 feet; thence N89050'25"E, 302,71 feet; thence NOoo09'35"W, 125.24 feet; thence S89050'25"W, 36.00 feet; thence NOOo09'35"W, 5.00 feet; thence S89050'25"W, 301.75 feet; thence SOoo09'35"E, 41.17 feet; thence S89050'25"W, 239.55 feet; thence SOoo09'35"E, 69.11 feet; thence S89050'25"W, 52.14 feet; thence NOoo09'35"W, 481.73 feet to point on a line 30.00 feet north of and parallel with the north line of said Tract "E"; thence N88026' 13"E, along said parallel line, 782.21 feet to a point on the northerly extension of the east line of said Tract "E"; thence SOl034'16"E, along said northerly extension and said east line, 552.51 feet; thence S89050'25"W, 516.25 feet; thence SOoo09'35"E, 80.67 feet to a point on the south line of said Tract "E"; thence S89050'25"W, along said south line, 519.23 feet to the POINT OF BEGINNING, The above described property contains 8.463 acres (368,653 square feet) and is shown as a portion of Tract E and a portion of Tract A on a Boundary Survey for Home Depot U.S.A., Inc. and First American Title Insurance Company prepared by Avirom & Associates, Inc, (Michael D. Avirom, Professional Land Surveyor No. 3268) dated December 16, 1997, last revised on March 24, 1998, which plat of survey is incorporated herein and by this reference made a part hereof H:\BMG\BMG\14585.02\LEGALSIA