APPLICATION
PROJECT NAME: THE HAMPTONS AT BOYNTON BEACH
LOCATION: NORTHEAST CORNER OF WOOLBRIGHT RD AND KNUTH RD
COMPUTERID: HAMPTONSATBOYNTONBEACH
I FILE NO.: REZN 98-002 II TYPE OF APPLICATION: REZONING I
APPLICANT/CONTACT PERSON: OWNER: TARA OAKS DEV. CO.
KIERAN KILDAYIKILDAY & ASSOC. C/O SCHROEDER & LARCHE, P.A.
PHONE: 561-241-0300 ONE BOCA PLACE, STE. 319 ATRIUM
FAX: 561-689-2592 2255 GLADES ROAD, BOCA 33431-7313
ADDRESS: 1551 FORUM PL.,STE 100 PHONE: 561-241-0300
WPB 33401 FAX: 561-241-0798
DATE:
SUBMITTAL / RESUBMITT AL 3/6/98
1ST REVIEW COMMENTS DUE: 3/20/98
PUBLIC NOTICE: Mail property owners 30 days before P&D:
4/24/98 (Fri)
Advertise: 5/15/98 & 5/26/98
TRC MEETING: 3/31/98
RESUBMITTAL DATE: 4/27/98
2ND REVIEW COMMENTS DUE:
LAND DEVELOPMENT SIGNS POSTED:
PLANNING & DEVELOPMENT BOARD 5/26/98
MEETING:
CITY COMMISSION MEETING: 6/2/98
COMMENTS:
S:\FORMS\PROJECT TRACKING INFO
APPLICATION ACCEPTANCE lli
RECEIVED BY STAFF MEMBER:
FEE PAID:
RECEIPT NUMBER:
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DEPARTMENT
SITE PLAN REVIEW APPLICATION REVISED APRIL 27.1998
FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE
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 and assembled sets o~ 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:
The Hamotons at Bovnton Beach
2. Applicant I s name (person or business entity in whose name this
application is made) :
E.B. Developers. Inc.
Address:
7035 Bera Casa Way
Boca Raton. FL 33433
Phone:
561-395-6868
Fax:
561-395-7577
(Zip Code)
3. Agent's Name (person, if any, representing applicant):
Kieran J. Kilday/Kilday & Associates, Inc.
Address:
1551 Forum Place Suite 100
West Palm Beach, FL 33401
Phone:
561-689-5522
F 561-689-2592
ax:
(Zip Code)
4. Property Owner IS (or Trustee's) Name: Tara Oaks Develooment COD\pa1:\Y:
Address:
Phone:
c/o Schroeder and Larche, P.A. One Boca Place, Suite 319 Atrium
2255 Glades Road Boca Raton, FL 33431-7313 (Zip Code)
561-241-0300 Fax: 561-241-0798
5. Correspondence to be mailed to agent only; if no agent, then to
applicant unless a substitute is specified below:*
Mail to Kilday & Associates, Inc.
*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?
lessee, builder, developer, contract purchaser, etc.)
(owner, buyer,
Contract Purchaser
7. Street address or location of site: Northeast corner of Woolbri~ht Road
and Knuth Road.
8.
Property Control *:
08-43-45-30-01-071-0010 & 08-43-45-30-01-089-0010
Legal description of site:
See attached Exhibit "A"
9.
Intended use(s) of site:
192 multi-family dwelling units (rental apartments)
with accessory private recreation facilities.
10. Developer or Builder:
E.B',Developers, Inc.
11. Architect: Humpbreys & Partners Architects
12. Landscape Architect:
Kilday & Associates, Inc.
13.
Site Planner:
Kilday & Associates, Inc.
14. Engineer:
Shab Drotos & Associates,Inc.
15. Surveyor:
Shah Drotos & Associates, Inc.
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNING\SHARED\WP\FORMS\APPS\NWSP\SITEPLAN.WPD
EXHIBIT "An
LAND JESCRlPlICN:
A PARCEL OF LAND BEING PORTIONS OF TRACTS 71. 72. 89, 90. 103. 104, 121
AND 122. OF PALM BEACH FAR"'S CONPANY PLAT NO.8, RECORDED IN PLAT
BOOK 5, PAGE 73, OF THE PUBUC RECORDS OF PALM BEACH COUNTY.
FLORIDA. L'VING IN SECnON JO. TO'IiHSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEAOt COUNTY. FLORIDA. AND BEING MORE PARnCULARl. Y DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARlER (5 1/4) CORNER OF SAID SECTION JO.
RUN lliENCE NORTH 01'0'26- EAST, ALONG THE NORTH-SOUTH QUARTER
(NS 1/4). SECnON UNE 40.0 FEET; THENCE EAST 40.0 FEET TO THE POINT Of
BEGINNING Of tHE HEREIN DESCRIBED PARCEL; 'THENCE CONnNUE EAST
351.64 FEET; THENCE NORTH 01'04'28- EAST 2513.64 FEET, TO A POINT ON THE
SOUTH RIGHT-Of~WAY UHE Of LAKE WORlH DRAINAGE DISTRICT CANAL L-25
AS SANE IS RECORDED IN OF'F'IClAL RECORDS BOOK 2063. P A.GE 1416. PUBLIC
RECORDS OF PALN BEACH COUNTY. FLORIDA; THENCE SOUTH 89'49'00-
Y€ST, ALONG SAID RIGHT-Of-WA.Y UNE 347.30 FEET TO THE EASTERLY
RIGHT-Of-WAY UNE or A ROAD RIGHT-Of-WAY AS RECORDED IN OfFlClAL
RECORDS BOOK 2075. PAGE 572, PUBLIC RECORDS OF PALM BEACH COUNTY,
flORIDA; THENCE SOUlli 01'0'26- WEST. ALONG JUST SAID RIGHT-Of-WAY
UN[ 2512.61 FEET TO lHE POINT OF BEGtNNtNG, LESS THE SOUlH 567 fEET
AND THE WEST 25 FEET, THEREOF.
SAID lANDS LYING AND BEING IN THE CITY OF eoYNTON BEACH, PALN BEACH COUNlY.
. FLORIDA. CONTAINING A COMPUTED NET IltEA Of 630,292 SQUARE FEET (14....70 ACRES)
MORE OR LESS. ' .
~..... --..,....- --.- ------
I
- --- -.-- II J----.eIT-.
.---
16. Traffic Engineer:
Yvonne Ziel Traffic Consultants
17. Has a site plan been previously approved by the City Commission for
this property? Yes.
18. Estimated construction costs of proposed improvements shown on this
site plan: $9.0 million dollars
II. SITE DATA
The following information must be filled out below and must.appear, where
applicable, on all copies of the site plan.
1. Land Use Cate<}ory shown iQ the Comprehensive Plan Medium Density Residential
2. Zoning District PUD (LUI:5)
3.
Area of Site
14.470
acres
630.292
sq. ft.
4. Land Use -- Acreage Breakdown
a. Residential, including 11.81 acres 81.6 % of site
surrounding lot area
of grounds
b. Recreation Areas * 1.07 7.4 % of site
acres
(excluding water area)
c. Water Area 1.04 0.617 acres --7-.,..2-4.2 % of site
d. Commercial 0 acres 0 % of site
e. Industrial 0 acres 0 % of site
f. Public/Institutional 0 acres 0 % of site
g. Public, Private and 0 0
Canal rights-of-way acres % of site
0.55 3.8 --
h. Other (specify) acres % of site
Preservation/relocation
i. Other ( specify) acres % of site
Planning and Zoning Department - Rev. 3/18197
S:\PLANNING\5HARED\WP\FORMS\APPS\NWSP\SITEPLAN.WPD
j .
Total area of site
14.47
acres
100
% of site
* including open space suitable for outdoor recreation, and having
a minimum dimension of 50 ft. by 50 ft.
5. Surface Cover
a.
Ground floor building 3.84
area ("building footprint")
acres
b.
l.g~
0.617
acres
Water area
d.
c. Other impervious areas, including
paved area of publ~c & private
streets, paved area of parking
lots & driveways (excluding
landscaped areas), and
sidewalks, patios, decks,
and athletic courts. 5.0 acres
9.457
9.8.8 . acres
Total impervious area
e.
Landscaped area
inside of parking lots
(20 sq. ft. per interior
parking space requi~ed -
see Sec. 7.5-35(g) of
Landscape Code).
4.04
acres
f.
0.423
Other landscaped areas< ~ acres
(Lake Maintenance easement)
Other pervious areas, including
golf course, natural areas,
yards, and swales, but excluding
water areas 0.55 acres
g.
h. Total pervious areas 4 :595.01
. acres
i. Total area of site 14.47 acres
6. Floor Area
a. Residential 325,245 sq. ft.
b. Commercial/Office 0 sq. ft.
0
c. Industrial/Warehou~c ~y. ft.
d. Recreational 4,900 sq. ft.
e. Public/Institutional 0 sq. ft.
f. Other ( specify)
sq. ft.
26.5
% of site
7.2 4.2
% of site
34.5 % of site
filL 2 65.3
% of site
28 % of site
-n- 2.9
% of site
3.8
J1.8 34.7
% of site
% of site
100
% of site
Planning and Zoning Department - Rev. 3118/97
S:\PLANNING\sHAREC\WP\FORMS\APPS\NWSP\SITEPLAN.WPD
o
8. Gross Density 9.5 (overall PUDl:iwelling units per acre
9.
Maximum height of structures on site
10. Required off-street parkinq
a. Calculation of required
number of off-street
parking spaces
Residential: 2 spaces @ 192 units = 384
b.
Recreation:
Pool:1 snace/30 s~.ft. of water
@ 1>>200 sq.ft. = 40 spaces
x .25 = 10 spaces
Clubhouse:lspace/4 units @
48 units (500'-800'radius)
= 12 spaces
1 space/2 units @ 7 units
(+800' radius) - 4 spaces
Game court: 1 space/l>>500 sq.ft.
@ 4>>700 sq.ft.- 3 spaces x .25
= 1 space
Total:
408 spaces
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNING\SHARED\WP\FORMS\APPS\NWSP\SITEPlAN.WPD
35
2
stories
feet
Off-street parking spaces
provided on site plan
Bldg Type I 12 garages x 15 bldgs. = 18C
Bldg Type II 8 garages x
6 bldgs.... 4f
At grade spaces
= l8C
Total:
408 spaces
III. CERTIFICATION
(I) (We) understand that this application and all papers and plans
submitted herewith become a part of the permanent records of the
Planning and Zoning Department (I) (We) hereby certify that the
above statements and any statements or showings in any papers or
plans submitted herewith are true to the best of (my) (our)
knowledge and belief. This application will not be accepted unless
signed according to the instructions below.
,.
~-.J-~f
Signatur 0 Owner(s) or Trustee, of
Authorized Principal if property is owned by
a corporation or other business entity.
Tara Oaks Development Company
IV. AUTHORIZATION OF AGENT
Date
~tT
~tJ
3#O,9-;;g
Date
Kilday & Associates, Inc.
(I) (We) hereby designate the above signed person as (my) (our)
authorized agent in regard to this application.
I
Signature of Authorized
~-j-9r?
Signature of Owner(s) or Trustee, ~~ Date
or Authorized Principal if property is owned
by a corporation or other business entity.
Tara Oaks Development Company
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
S:\PLANNING\SHARED\WP\FORMS\APPS\NWSP\SITEPLAN.WPD
NOTICE ~~ 2PLICANTS FOR APPROVAL ( ~AND
DL lLOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land development
orders and permits which are submitted on or after June 1, 1990 will be
subj ect to the City I S Concurrency Management Ordinance, and cannot be
approved unless public facilities (potable water, sanitary sewer, drainage,
solid waste, recreation, park, and road facilities) would be available to
serve the project, consistent with the levels of service which are adopted in
the City's Comprehensive Plan:
Building permit applications for the construction of improvements which,
in and by themselves, would create demand for public facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed above,
which would increase the demand for any public facility.
Any other application which, in and by itself, would establish the
density or intensity of use of land, or a maximum density or intensity
of use of land.
*
Applications for development orders and permits submitted after February
1, 1990 and which generate more than 500 net vehicle trips per day, must
comply with the Palm Beach County Traffic Performance Standards
Ordinance, unless exempt from that ordinance.
Please be advised, however, that the following applications will be exempt
from the Concurrency Management Ordinance, pending final approval of this
ordinance by the City Commission:
Applications for the development of property which was platted' on or
after January 13, 1978 and either the final plat or the preliminary plat
and Palm Beach County Health Department permit applications were
submitted or approved prior to June 1, 1990, and the use of the property
is consistent with the general use which was intended for the property
at the time of platting.
Applications for the development of property which was platted prior to
January 13, 1978, the area of the platted lots does not exceed 2 acres,
and the proposed use would not generate more than 500 net vehicle trips
per day.
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNING\SHARED\WP\FORMS\APPS\NWSP\SITEPLAN.WPD
Applications for bu__ding permit, if a site p~an or conditional use
application was submitted prior to June 1, 1990 and subsequently
approved and the site plan or conditional use has not expired.
Applications for the development of property
Development of Regional Impact, and which are
approved DRI.
within an
consistent
approved
wi th the
Applications for approval of final plats, if the preliminary plat and
application for Palm Beach county Health Department permits for
utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development orders or
permits, which do not increase the demand for any public facility.
Please be advised that these exemption rules are tentative and will be
subject to final approval by the City Commission. If you have any questions
concerning the proposed Boynton Beach Concurrency Management Ordinance,
please contact the Boynton Beach Planning Department at (561) 375-6260.
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNING\SHARED\WP\FORMS\APPS\NWSP\SITEPLAN.WPD
THE HAMPTONS AT BOYNTON BEACH
PRESERVE MANAGEMENT PLAN
1.0 INTRODUCTION
The Hamptons at Boynton Bp.ach is a proposed residential development project locatec
north of Woolbright Road in Boynton Beach, Florida (Figure 1). The Hamptons at Boynton
Beach Preserve Management Plan has been developed in response to the development review
conditions set forth by the City of Boynton Beach, Florida. The objective of the following
management plan is to provide a comprehensive program for habitat restoration, management,
and long-term maintenance of the required upland preservation area. Management goals upon
implementation of this plan include: (1) restoration of the upland preserve area through
preservation and on-site relocation of suitable native vegetation and removal of exotic, nuisance,
and weedy vegetation to allow native seed sources to become established; (2) protection of
natural resources during all phases of construction; (3) establish guidelines for continued
protection of the preserve area; and (4) provide a long-term maintenance program for the benefit
of all natural resources including wildlife and protected flora species located within the preserve
area. Other components of the plan include exotic/nuisance plant species removal and control, as
well as specific habitat enhancement techniques necessary to maintain a functioning
biocommunity.
2.0 SITE DESCRIPTION
The 2:24 acre The Hamptons at Boynton Beach parcel is located in Section 30, Township
45 South, Range 43 East, Boynton Beach, Florida is undeveloped and situated adjacent to the
residential developments of Quail Ridge Golf Course Community to the west, Banyan Creek to
the north, and Clipper Cove to the east. Woolbright Road is located south of the parcel
boundary. The northern and southern boundaries are abutted by drainage canals. The site has
been previously cleared of most native vegetation and has revegetated in predominately exotic
and weedy species. Extensive refuse dumping has occurred throughout the parcel.
3.0 SOILS
The primary soil type (Figure 2) found on site is Pomello fine sand (Phb). This is a nearly
level, moderately well drained, deep, sandy soil that has a dark weakly cemented layer below a
depth of 30 inches. Under natural conditions, the water table is within 24 to 40 inches of the
surface for I to 4 months during wet periods, and below 40 inches during the remainder of the
year. Drainage has lowered the historic water table in this soil type to below 40 inches
throughout the year. Pomello sand commonly occurs on low ridges and knolls vegetated in
scrubby flatwood plant communities.
C & N Environmental Consultants, Inc.
97-219
April 15, 1998
~\r
C&N t:nvironme'ntal Con5ultant6, Inc.
561-744-7420 · Fax: 561-744-2887
E-mail: Gn~nvlro@aol.com
. .
,
Tambri J~ Heyden,AICP
, Plaiming and Z~ning Director
City of Boynton Beach
P.O. Box 310
1 OOE. Boynton Beach B~vd. .
Boynton Beach, FL 33435
April 15, 1998
"
RE: The Hamptons at BoYnton Beach PUD
Dear Ms. Heyden: '
~
Per comment No. 39 of the Initial Review Gomments dated Apri13~ 1998, C & N
, Environmental ConsulUints,. Inc. ( C & N ) is unable to provide the renewed gopher
tortoise reloca~ion permit at this time for the following reasons:
, .
The original relocation permit was. issu~d OB october ~i 1995 and expired on
November 15, 1995. ,C & N applied for ~ permit extension which was'valid from
D~cember 1;'1995 through June 30, 1996. Once again, development was delayed. C & l:'J'
obtained two more permit extensions dated June 12, 1996 through August 31, .1996 and
ag~in on October 22, 1996 fu-ough April 30, 1997. Wh~n C &N tried to 'renew the
relocation perinit for the fourth time, Angela Williams of the F,GFWFC ~ffice in .
Tallahassee state~ that an extension would not be issued unless the property was re- ,
survey~d. She strongly'suggested that the re-survey of the property be conducted not
more than two (2) months prior to the actual relocation date. Ifwe cpmply with that
order, Ms. WilIams' stated that the permit would be extended with no further action.
necessary. To comply with her request,. C &'N has delayed the re-survey of the property
. until two months prior to relocation. Since developmerit is scheduled to Commence in the
summer of i 998, C & N will pr~ceed with the gopher tortoise re-survey in early May
which means we will expect the extended permit by no later than June 1, 1'998.
, . ,
. . . ,
Please don't hesitate to'call with: any questions or concerns.
. Cristy Boyd
Project M(U1ager j
. &'+,~. (11 .
C & N EnvironmeI'tta1 Consultants, Inc. '
?7-21917
612 N. Orane~ ^v~nu~ · 5utte D-1 · Jupiter, Florida :3:3458
..
83i~3/199~ 0i:01
--0_'
SG1375f.lil1:Jl
\.-I
CITY ATTORNEV 'L'
...... .
NO. 094 [;102
PAGE 02
04/15/98 12:23
SCHROEDER_& LRRCHE. P.R. ~ 407 689 2592
The City 0/
BOJIftton .BeaCh
JOD B. ~ s.aeJt. BGuI......
".0. Boa3JO
~ a.ct\. ,....da n42So4JIO
OjJktIl/tlw ClIII AU""",
IStJ} 375-6050
,AX: ,56J, 3T$-60S"
MardI'3.1998
Michael R... Scbroedcf. Esq.
Scbroeder It Larche. P .A.
ODe Boca Place
Suite 319-Atrium
~2SS GlIdea IlOIId
Boca llaton. Plorida 33431.7383
VIA fACSIMILE ONLY
(561) 241-0798
Re: StoneMven HOl.JJCnntb G.. WAll rRn......l1~t;ftft A~eftI
DC8J'Mike:
Auaebed hcJCtO is a Biped copy ofyow letter claud FcbnIarY 27. 1998, authoriziaa fiDIl
payment 'to tho Contractor. 1 have confiftlled with Don JobrIIon. Deputy BdildiD8
Official tbat me waU has passed final inlpectiolllllld tbat tile fecelwall Wit cOJIItlQCtcd
in accordance with the permit. However, ~e inspector informed me ova the telephone
that Mr. Winchester may not have been happy with tho woJ'lanmlhip ortbc well.
Should you ha"re any questioftl, pleue do not hesitate to CQIltlct mo.
Encl.
~chavcnl"""cr cI_ltr
ce: Don JolmJon. Deputy BuildiftC Official
"AfI EqwIl OpporturUtyl ~tillll AdiGnI AIlA ErrrpIo1/V
04/15/98 12:23
SCHRoEDF' ~ LARCHE. P. A. ~ 4137 689 2592
S61375,:-",e. CITY ATTORNEV "t
~~. a. LMOE. ~.A. \'v,"-
NO. 1394
PAGE 83
fIO.855 GII3
003
t.
e3/~/l~~9 ee:el
__e:/Z1~. 13:_
NiGh..l ,aw.l.cyk, C.q.
...1.teat eity A~'.~n.y
C1ty ., 8o~~Oft "'011
r..~~ 2', 1'9'
..~ 2
I look rocw.~d ~o hea~1n, (10m
8S:cc:
&nclo'\I~o
~; M~. 8i~1 ft. .inch..,.~ (v~. !.ellm11e. v/.nclalura)
(3;\'\eLlElrS\.IICKIIT\lOrOlL\'~'ICY.2'1 CaoIO.O~JJ
ADDanVAL aNn &~~.~~R
App~o..l ael .cceptanc:. 18 h.~.,. liven of ~b. ..11s
conat~uc~.d in .cco~d.nce .,lth the ...11 Con.tI'Qe~1o" .-.at
ca.ted June 6, 19" by .tad "~".D tbe City of 1O~~on "'Ch, aill
a. IU.ncho.t.~. Elli. A. .Snob..tor and M. Frant rintcoct, Co-
72U'~... of tho Kn~~b Road f~u,C dated .. of .~f 15, 1"1 fo~
con.t~~ctiOft ar v.ll .djac.ft~ to Ift~th "ad.
I~
1214/15/98
~~
12:23
SCHROEDER & LARCHE, P.A. ? 412176892592
""_ JfAR-31~-98 FRl
2: l3 PM
BILL R.
JlCHESTER
FAX NO. 561
i'_M 3993
NO. 12194
P. 3
G11214
STq'NEHAVEN HOMEOWNERS ASSOCIATION. INC.
P.O. Box 3341
Boynton Beach, Flortda 33424.3:M1
March 23, 1998
Mr. B;l.U. R. Ni.nchester
P.O. DraW8r 1240
Boynt:.cn Beach, FL 33435
RE: ~e-men~ amc:lI'J9 St:cnehaven 1IcIneOWnerII' A.~'ii"t.1on, %nc., Bi.11 R.
WinChester and M1cbaal. A. ~, datm .JUne 19, 1990 and
~~t Apr;cCN1ng Wal.1 bebJeen stcIwbaven ~' Assoc1.ati.an,
Ync. an:i B.1.11 R. W1nc'heater, dated February 11, 1997
Dear &11:
Tl\1s le~t:er is wr:l.tt:en to ac1ax:llW1.edge and confinn that t:he wal.1 that is 1:he
subject of ~ above-re:ferenced Agz'eement:a has a..n CXWIlp1eted in ac:x::IOEdance
witll the :cequ:i.rements of same and that the Aasoo1.at1.cn ~$ t;he WIll.]. in al.l.
respects.
StaIehaVeIl ~. AascciatiOn, lnc.
a Florida ~atJ..cn
~;~~~/
tt
xts: t
RIDER 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 the
City of Boynton Beach shall be reviewed by the various boards, commissions,
staff personnel and other parties designated, appointed or employed by the
City of Boynton Beach, and any such party reviewing the same shall rely upon
the accuracy thereof, and any change in any item submitted shall be deemed
material and substantial.
The undersigned hereby agrees that all plans, specifications, drawings,
engineering and other 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, claim, liability or any action which may arise due to
their enforcement of the same.
READ, ACKNOWLEDGED AND AGREED TO this 5th day of March
,1998. ~ t?J~
Applicant ~ A, Walter/Kilday
& Assoc.
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNING\SHARED\WP\FORMS\APPS\NWSP\SITEPLAN.WPD
April 20, 1998
Engineering
Surveying
Planning
1885 W. Commercial Blvd.
Suite 190
Ft. Lauderdale, FL 33309
PH: (954) 776-7604
FAX:(954) 776-7608
..............- -- ..
· ... - -..... SHAH
- . - -.-
~ - -.-
~.Lt"1 DROTOS
&Assoc IAlES
City of Boynton Beach
Engineering Department
P. O. Box 310
Boynton Beach, Florida 33425
RE: HAMPTONS OF BOYNTON BEACH
SDA PROJECT NO. 98-0399
Gentlemen:
I hereby certify, to the best of my knowledge and belief, that the Hamptons at Boynton Beach water
management system has been designed in accordance with the rules and regulations of the City of
Boynton Beach L Regulations, Land Development Regulations Chapter 4, Section 7.F.2. The plans
and calculations also comply with the rules and regulations of the South Florida Water Management
District and Lake Worth Drainage District.
If you have any questions, please do not hesitate to contact this office.
Yours truly,
JJH/cw
COOl :399,waU:r.mgmt.certif
HAMWTONS AT BOYNTON BEACH
SDA Project No. 98-0399
Drainage Statement
The 22.61 acre drainage basin includes the 14.47 acre Hampton's site, 4.25 acre church site and 3.89
acres of Knuth Road. A 0.92 acre lake and 1000 I.f of exfiltration trench will provide water quality
and flood protection for the drainage area. The basin's discharge outfalls into a LWDD L-25 Canal
through a control structure within the Knuth Road drainage system.
The site's minimum road crown elevation is 14.50 determined by a 5 year - 1 day rainfall event. The
minimum finish floor elevation is 16.50 ngvd determined by the 100 year - 3 day rainfall event.
The basin's allowable discharge is 2.22 cfs. The lake water control elevation is 9.0 ngvd. The control
structures weir elevation (detention volume stage) is calculated to be elevation 10.90 ngvd. The
basin's runoffwill be detained up to elevation 10.90 ngvd.
DSl :HAMPTONS.399
4/16/98
SFWMD SURFACE WATER MANAGEMENT CALCULATIONS
for
THE HAMPTONS AT BOYNTON BEACH
1/30/98
Revised 2/18198 - Added extiltration trench, reduced lake, lowered site elevations
1) PROPOSED LAND USE
PROJECT PHASE PHASE AREA
(ACRES)
BUILDING
(ACRES)
TIlE HAMPTONS
KNUTII RD.
CHURCH
TOTAL
14.47
3.89
4.25
22.61
3.77
0.00
0.46
4.23
ROAD COVERAGE
(ACRES)
16.65%
4.36 19.2']010
1.89
1.94
8.19
IMPERVIOUS AREA
(ACRES)
8.12
1.89
2.40
12.41
35.93%
Site Area.......................
On:site Area.................
Net Area.......................
Building Area...............
Parking/Roads Area.....
Road Swales.................
Green Area...................
22.61 acres
0.00 acres
22.61 acres
4.23 acres
8.19 acres
1.82 acres
6.13 acres
2) FLOOD AND RAINFALL CRITERIA
5 year, 1 daystonn......
10 year, 1 day stonn....
25 year, 1 day stonn....
100 year, 1 day s1onn..
7.75 inches
9.50 inches
12.00 inches
14.00 inches
3) COMPUTE SOIL STORAGE
Wet season water elev.
Ave. groWldwater elev.
Ave. site elevation........
Depth to water table....
9.00 ngvd
9.00 ngvd
15.00 ngvd
6.00 ft.
Lake area.......................
Lake t.o.b. elev.............
Lake t.o.b. area.............
Backyard swales bot. a:
Backyard perimeter ele
Backyard perimeter are
Tree Preservation area..
Minimum road crown..
100 yr flood elev...........
Minimum finished floo
Assuming 25% compaction, available grOlUld storage is......
Storage available in pervious areas of the site is ...................
Converting to site wide moisture storage, S .........................
6.75 inches
3.88 acre it.
2.06 inches
0399sfw3
0.92 acres
15.50 ngvd
1.69 acres
0.00 acres
15.75 ngvd
0.00 acres
0.55 acres
14.50 ngvd
16.50 ngvd
16.50 ngvd
1
4) WATER QUALITY REQUIREMENTS
i) Based on the first I" of runotl'
Site area........................
Required detention......
22.61 acres
1.88 acre ft.
ii) Based on 2.5 inches times percent impervious (3 year - 1 hour storm)
Site area........................
hnpervious area...........
Percent impervious......
Required detention......
Theretore the required detention is
Corresponding stage is between.....
Interpolating gives a weir crest ot:..
COmpute ext1ltrallon trench reqwrements
17.46 acres (Excluding building areas & lake)
8.19 acres (Excluding building areas & lake)
46.88 %
2.12 acre ft.
2.12 acre ft.
10.50 and......
10.90 ngvd
1
3.33 gpm
Stab1bzed folow Rate
Perc Test ##
Average flow rate, Q....
Diameter oUest hole...
Depth to water table....
Saturated hole depth....
3.3 gpm
0.3 ft
10.3 ft
-1.3 ft
0.0074267 cfS
Hydraulic conductivity, K.............. 1.75E-04
Dry detention volume provided in green areas prior to over
Applying 75% credit for dry detention vs. wet detention.....
Remaining retention required in exfiltration trench..............
Top of trench elevation...................
Bottom of trench elevation.............
Trench width....... .... .... ........ .............
Pipe diameter...................................
Depth to water table........................
Non saturated trench depth............
Saturated trench depth....................
Trench storage area.........................
13.00 ngvd
9.0 ngvd
6.0 ft
2.0 ft min.
5.5 ft
4.0 ft
0.0 ft
13.57 sq.ft.
11.00 ngvd
0.00 ac. ft.
0.00 ac. ft.
2.12 ac.ft or
0399sfw3
4/16/98
25.42 ac. inches
2
4/16/98
Trench length required tor retention volume to be exfiltrated in I hour:
Length required............ 1814 ft
Associated average percolation ran 25.63 ctS
Length of trench to be used............ 1000 u:
Associated average percolation ratl 14.13 cts or
1.17 ac.ttIhr
5) COMPUTE STAGE STORAGE
Assumptions:
Lake areas store linearly from........ 9.00 to elevation 15.50 then vertical
Parking stores linearly from............ 14.50 to elevation 15.75 then vertical
Green areas store linearly from...... 15.00 to elevation 16.00 then vertical
Backyard swale stores linearly fror. 14.00 to elevation 16.50 then vertical
Roadway swale areas store linearl} 13.75 to elevation 15.75 then vertical
Trench stores linearly from............. 9.00 to elevation 13.00 then vertical
Storaee (aae ft.)
S1:a2e Lake lackvd/swal Parkin.e: Site Road/swale Trench Total S1:a2e
9.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9.00
9.50 0.47 0.00 0.00 0.00 0.00 0.04 0.51 9.50
10.00 0.98 0.00 0.00 0.00 0.00 0.08 1.06 10.00
10.50 1.51 0.00 0.00 0.00 0.00 0.12 1.63 10.50
11.00 2.08 0.00 0.00 0.00 0.00 0.16 2.23 11.00
11.50 2.67 0.00 0.00 0.00 0.00 0.19 2.87 11.50
12.00 3.30 0.00 0.00 0.00 0.00 0.23 3.53 12.00
12.50 3.95 0.00 0.00 0.00 0.00 0.27 4.22 12.50
13.00 4.63 0.00 0.00 0.00 0.00 0.31 4.94 13.00
13.50 5.34 0.00 0.00 0.00 0.00 1.48 6.82 13.50
13.75 5.71 0.00 0.00 0.00 0.00 1.48 7.19 13.75
14.00 6.09 0.00 0.00 0.00 0.03 1.48 7.59 14.00
14.50 6.86 0.00 0.00 0.00 0.26 1.48 8.59 14.50
14.75 7.26 0.00 0.20 0.00 0.45 1.48 9.39 14.75
15.00 7.66 0.00 0.82 0.00 0.71 1.48 10.67 15.00
15.50 8.49 0.00 3.27 0.77 1.39 1.48 15.41 15.50
15.75 8.91 0.00 5.12 1.72 1.82 1.48 19.06 15.75
16.00 9.34 0.00 7.16 3.07 2.27 1.48 23.32 16.00
16.25 9.76 0.00 9.21 4.60 2.73 1.48 27.78 16.25
16.50 10.18 0.00 11.26 6.13 3.18 1.48 32.24 16.50
16.75 10.61 0.00 13.30 7.67 3.64 1.48 36.70 16.75
17.00 11.03 0.00 15.35 9.20 4.09 1.48 41.15 17.00
0399sfw3
3
6) FLOOD STAGE CRITERIA
Note - Trench storage includes first hour of discharge
1 00 Year 3 day Flood
Storage required...........
Storage provided..........
5 Year 1 day Flood
25 Year 3 day Flood
(zero discharge)
31.57 ac. ft. at ele,
32.24 ac. ft. at ele\
16.50 ngvd
16.50 ngvd
see attached flood routings
see attached flood routings
7) STAGE DISCHARGE CALCULATIONS
a) Weir length
Allowable discharge..................
or .....................
25 year, 3 day storn
Runotl" ....................
Volume ofrunotL.
62.9 esm
2.22 em
16.31 in.
14.07 in.
26.51 acre ft.
Corresponding stage is between........................
Interpolating gives an elevation 01:....................
16.00 and......
16.18 ngvd
Design head ....................................
0.06 ft.
Length of weir =
b) V-notch bleeder
24 hour discharge ........
Design head..................
V-notch angle...............
5.27 ft.
say..............
0.00 ft
0.87 ac ft
1.90 ft.
9.79 degrees
The tollowing criteria will be used:
V-notch height.............
V-notch angle...............
Width of notch.............
V-notch invert..............
Top of orifice................
0.70 teet
41.00 degrees
0.52 teet
9.00 ngvd
9.70 ngvd
0399sfw3
4/16/98
16.50 ngvd
4
4/16/98
7) STAGE DISCHARGE CALCULATIONS
Storaee (ac.ft.) Dlscbaree (d's)
Stage Storage Total storage V-notch Total
9.00 0.00 0.00 0.00 0.00
9.50 0.51 0.51 0.00 0.00
10.00 1.06 1.06 0.64 0.64
10.50 1.63 1.63 0.89 0.89
11.00 2.23 2.23 1.09 1.09
11.50 2.87 2.87 1.25 1.25
12.00 3.53 3.53 1.40 1.40
12.50 4.22 4.22 1.53 1.53
13.00 4.94 4.94 1.65 1.65
13.50 6.82 6.82 1.77 1.77
13.75 7.19 7.19 1.82 1.82
14.00 7.59 7.59 1.87 1.87
14.50 8.59 8.59 1.97 1.97
14.75 9.39 9.39 2.02 2.02
15.00 10.67 10.67 2.07 2.07
15.50 15.41 15.41 2.16 2.16
15.75 19.06 19.06 2.20 2.20
16.00 23.32 23.32 2.25 2.25
16.25 27.78 27.78 2.29 2.29
16.50 32.24 32.24 2.33 2.33
16.75 36.70 36.70 2.37 2.37
17.00 41.15 41.15 2.41 2.41
0399sfw3
5
PROGRAM NAME................ SCS
PROJECT NAME...............: THE HAMPTONS AT BOYNTON BEACH
ENG I NEER J S NAME............: S. D . A .
PROJECT AREA...............: 22.61 ACRES
GROUND STORAGE.............: 2.06 INCHES
TERMINATION DISCHARGE......: 100 CFS
DISTRIBUTION TyPE...... ....: SFWMD
RETURN FREQUENCy...........: 5 YEARS
RAINFALL DURATION. .........: 1 -DAY
24-HR RAINFALL.............: 7.75 INCHES
REPORTING SEQUENCE..... ....: STANDARDIZED
STAGE STORAGE DISCHARGE
(FT) (AF) ( CFS )
9.00 0.00 0.00
9.50 0.51 0.00
10.00 1.06 0.64
10.50 1.63 0.89
11.00 2.23 1.09
11.50 2.87 1.25
12.00 3.53 1.40
12.50 4.22 1.53
13.00 4.94 1.65
13.50 6.82 1.77
13.75 7.19 1.82
14.00 7.59 1.87
14.50 8.59 1.97
14.75 9.39 2.02
15.00 10.67 2.07
15.50 15.41 2.16
15.75 19.06 2.20
16.00 23.32 2.25
16.25 27.78 2.29
16.50 32.24 2.33
16.75 36.70 2.37
17.00 41.15 2.41
- - - - - R E S E R V 0 I R - - - - -
RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE
TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGR STAGE
(HR) ( IN) ( IN) ( CFS ) (AF) (AF) (AF) ( CFS ) ( CFS ) (FT)
0.00 0.00 0.00 0.0 0.0 0.0 0.0 0.0 0.0 9.00
4.00 0.35 0.00 0.0 0.0 0.0 0.0 0.0 0.0 9.00
8.00 1.06 0.16 2.2 0.3 0.3 0.0 0.0 0.0 9.27
10.00 1.65 0.47 4.7 0.9 0.9 0.0 0.4 0.1 9.78
11.00 2.08 0.75 7.7 1.4 1.4 0.1 0.7 0.6 10.19
11.50 2.47 1.03 13.0 1.9 1.8 0.1 0.9 0.8 10.57
11. 75 3.78 2.09 96.5 3.9 3.8 0.1 1.2 1.1 11.46
12.00 5.08 3.24 105.3 6.1 6.0 0.1 1.6 1.4 12.96
12.50 5.65 3.76 23.7 7.1 6.9 0.2 1.8 1.7 13.45
13.00 5.94 4.03 12.4 7.6 7.3 0.3 1.8 1.8 13.74
14.00 6.34 4.40 7.6 8.3 7.8 0.4 1.9 1.9 14.09
16.00 6.82 4.85 5.0 9.1 8.4 0.8 1.9 1.9 14.37
20.00 7.38 5.38 3.0 10.1 8.7 1.4 2.0 2.0 14.53
24.00 7.75 5.73 2.0 10.8 8.7 2.1 2.0 2.0 14.54
MAXIMUM STAGE = 14.54 FEET
MAXIMUM DISCHARGE = 1.98 CFS
, PROGRAM NAME. . . . . . . . . . . . . . ". SCS
PROJECT NAME. . . . . . . . . . . . . . . : THE HAMPTONS AT BOYNTON BEACH
ENGINEER'S NAME. . . . . . . . . . . . : S.D.A.
PROJECT AREA. . . . . . . . . . . . . . . : 22.61 ACRES
GROUND STORAGE. . . . . . . . . . . . . : 2.06 INCHES
TERMINATION DISCHARGE. . . . . . : 100 CFS
DISTRIBUTION TYPE. . . . . . . . . . : SFWMD
RETURN FREQUENCY... ..... ...: 25 YEARS
RAINFALL DURATION..........: 3 -DAY
24-HR RAINFALL..... ........: 12 INCHES
REPORTING SEQUENCE... ......: STANDARDIZED
STAGE STORAGE DISCHARGE
(FT) (AF) ( CFS )
9.00 0.00 0.00
9.50 0.51 0.00
10.00 1.06 0.64
10.50 1.63 0.89
11.00 2.23 1.09
11.50 2.87 1.25
12.00 3.53 1.40
12.50 4.22 1.53
13.00 4.94 1.65
13.50 6.82 1.77
13.75 7.19 1.82
14.00 7.59 1.87
14.50 8.59 1.97
14.75 9.39 2.02
15.00 10.67 2.07
15.50 15.41 2.16
15.75 19.06 2.20
16~00 23.32 2.25
16.25 27.78 2.29
16.50 32.24 2.33
16.75 36.70 2.37
17.00 41.15 2.41
- - - - - R E S E R V 0 I R - - - - -
RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE
TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGR STAGE
(HR) ( IN) (IN) ( CFS ) (AF) (AF) (AF) ( CFS ) ( CFS ) (FT)
0.00 0.00 0.00 0.0 0.0 0.0 0.0 0.0 0.0 9.00
4.00 0.29 0.00 0.0 0.0 0.0 0.0 0.0 0.0 9.00
8.00 0.58 0.01 0.2 0.0 0.0 0.0 0.0 0.0 9.02
12.00 0.88 0.09 0.5 0.2 0.2 0.0 0.0 0.0 9.15
16.00 1.17 0.20 0.8 0.4 0.4 0.0 0.0 0.0 9.37
20.00 1.46 0.35 0.9 0.7 0.7 0.0 0.2 0.0 9.62
24.00 1.75 0.53 1.1 1.0 0.9 0.1 0.4 0.3 9.83
28.00 2.18 0.82 1.7 1.5 1.2 0.3 0.7 0.6 10.13
32.00 2.60 1.13 1.9 2.1 1.6 0.6 0.9 0.8 10.43
36.00 3.03 1.47 2.0 2.8 1.9 0.9 1.0 0.9 10.70
40.00 3.46 1.82 2.0 3.4 2.2 1.2 1.1 1.0 10.97
44.00 3.88 2.18 2.1 4.1 2.5 1.6 1.2 1 .1 11.21
48.00 4.31 2.55 2.1 4.8 2.8 2.0 1.2 1.2 11.45
52.00 4.85 3.03 3.4 5.7 3.3 2.4 1.3 1.3 11.81
56.00 5.95 4.04 7.6 7.6 4.7 2.9 1.6 1.5 12.80
- - - - - RES E R V 0 I R - - - - -
RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE
TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGR STAGE
(HR) ( IN) ( IN) ( CFS ) (AF) (AF) (AF) ( CFS ) ( CFS ) (FT)
58.00 6.86 4.89 11.3 9.2 6.1 3.2 1.7 1.7 13.27
59.00 7.54 5.53 16.6 10.4 7.1 3.3 1.8 1 .7 13.58
59.50 8.14 6.10 26.1 11.5 8.1 3.4 1.9 1.8 14.13
59.75 10.16 8.05 177.6 15.2 11.7 3.4 2.0 2.0 14.85
60.00 12.18 10.01 179.6 18.9 15.4 3.5 2.1 2.1 15.30
60.50 13.06 10.87 39.1 20.5 16.9 3.5 2.2 2.2 15.58
61.00 13.51 11.32 20.4 21.3 17.7 3.6 2.2 2.2 15.64
62.00 14.12 11.92 12.4 22.5 18.6 3.8 2.2 2.2 15.71
64.00 14.87 12.65 8.1 23.8 19.7 4.2 2.2 2.2 15.78
68.00 15.73 13.50 4.9 25.4 20.5 4.9 2.2 2.2 15.83
72.00 16.31 14.07 3.2 26.5 20.9 5.6 2.2 2.2 15.85
MAXIMUM STAGE = 15.85 FEET
MAXIMUM DISCHARGE = 2.22 CFS
PROGRAM NAME.............. . SCS
PROJECT NAME...............: THE HAMPTONS AT BOYNTON BEACH
ENGINEER'S NAME............: S.D.A.
PROJECT AREA...............: 22.61 ACRES
GROUND STORAGE...... .......: 2.06 INCHES
TERMINATION DISCHARGE......: 100 CFS
DISTRIBUTION TyPE...... ....: SFWMD
RETURN FREQUENCy..... ......: 100 YEARS
RAINFALL DURATION.. ........: 3 -DAY
24-HR RAINFALL.............: 14 INCHES
REPORTING SEQUENCE.........: STANDARDIZED
STAGE STORAGE DISCHARGE
(FT) (AF) ( CFS )
9.00 0.00 0.00
9.50 0.51 0.00
10.00 1.06 0.64
10.50 1.63 0.89
11.00 2.23 1.09
11.50 2.87 1.25
12.00 3.53 1.40
12.50 4.22 1.53
13.00 4.94 1.65
13.50 6.82 1.77
13.75 7.19 1.82
14.00 7.59 1.87
14.50 8.59 1.97
14.75 9.39 2.02
15.00 10.67 2.07
15.50 15.41 2.16
15.75 19.06 2.20
16.00 23.32 2.25
16.25 27.78 2.29
16.50 32.24 2.33
16.75 36.70 2.37
17.00 41.15 2.41
- - - - - R E S E R V 0 I R - - - - -
RAIN ACCUM . BASIN ACCUM. ACCUM. INSTANT AVERAGE
TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGR STAGE
(HR) ( IN) ( IN) ( CFS ) (AF) (AF) (AF) ( CFS ) ( CFS ) (FT)
0.00 0.00 0.00 0.0 0.0 0.0 0.0 0.0 0.0 9.00
4.00 0.34 0.00 0.0 0.0 0.0 0.0 0.0 0.0 9.00
8.00 0.68 0.03 0.4 0.1 0.1 0.0 0.0 0.0 9.05
12.00 1.02 0.14 0.8 0.3 0.3 0.0 0.0 0.0 9.25
16.00 1.36 0.30 1.0 0.6 0.6 0.0 0.1 0.0 9.54
20.00 1.70 0.50 1.2 0.9 0.9 0.1 0.4 0.2 9.81
24.00 2.04 0.72 1.3 1.4 1 .1 0.3 0.7 0.5 10.03
28.00 2.54 1.08 2.1 2.0 1.5 0.5 0.8 0.7 10.40
32.00 3.04 1.47 2.3 2.8 2.0 0.8 1.0 0.9 10.76
36.00 3.54 1.88 2.4 3.5 2.4 1.2 1.1 1.1 11.10
40.00 4.03 2.31 2.5 4.3 2.8 1.5 1.2 1.2 11.43
44.00 4.53 2.74 2.5 5.2 3.2 2.0 1.3 1.3 11.73
48.00 5.03 3.19 2.6 6.0 3.6 2.4 1.4 1.4 12.03
52.00 5.66 3.76 4.1 7.1 4.2 2.9 1.5 1.5 12.45
56.00 6.94 4.97 9.0 9.4 5.9 3.4 1.7 1.6 13.24
- - - - - RES E R V 0 I R - - - - -
RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE
TIME FALL RUNOFF OISCHGE INFLOW VOLUME OUTFLOW OISCHGE OISCHGR STAGE
(HR) (IN) (IN) ( CFS ) (AF) (AF) (AF) ( CFS ) ( CFS ) (FT)
58.00 8.01 5.98 13.4 11.3 7.5 3.7 1.8 1.8 13.88
59.00 8.79 6.73 19.6 12.7 8.8 3.9 2.0 1.9 14.50
59.50 9.49 7.40 30.8 13.9 10.0 4.0 2.0 2.0 14.80
59.75 11.85 9.69 209.1 18.3 14.3 4.0 2.1 2.1 15.15
60.00 14.21 12.01 210.9 22.6 18.6 4.1 2.2 2.1 15.57
60.50 15.23 13.01 45.9 24.5 20.4 4.1 2.2 2.2 15.80
61.00 15.76 13.54 23.9 25.5 21.3 4.2 2.2 2.2 15.87
62.00 16.48 14.24 14.5 26.8 22.4 4.4 2.2 2.2 15.94
64.00 17.35 15.10 9.5 28.4 23.7 4.8 2.3 2.2 16.01
68.00 18.35 16.09 5.7 30.3 24.8 5.5 2.3 2.3 16.08
72.00 19.03 16.76 3.8 31.6 25.3 6.3 2.3 2.3 16.11
MAXIMUM STAGE = 16.11 FEET
MAXIMUM OISCHARGE = 2.27 CFS
4/17/98
FIRE FLOW - THE HAMPTONS AT BOYNTON BEACH
PROJECT NAM THE HAMPTONS AT BOYNTON BEACH
PROJECT NUM 96-0398
DATE............... 4/14198
AJ DESIGN FLOWS
RESIDENTIAL
AREA
UNIT TYPE
, UNITS
UNIT FLOW
{GPD\
TOTAL FLOW
(GPo)
THE HAMPTON MULTI-FAMILY
120
350
42.000
TOTAL FLOW............................................... ........'
42.000
GPO
BJ ISO FIRE FLOW
1
F"18C(Al
C= 0.8
A= 17.022
(condtruction coefficient - noncombustible materials between all units)
(the total ftoor area for buildina)
1
F=18C(Al ................. ............ ...... ...
REDUCTION BY 25% - lOW FIRE HAZARD..........
REDUCTION BY 50% - SPRINKLER PROTECTIOf\
F=
F=
F=
1878.74
1409.06
704.53
GPM
GPM
GPM
AVERAGE flOW............................
PEAK FACTOR...............................
PEAK FLOW...................................
FIRE FLOW......:.:...........................
ITOTAL FLOW... . ...........................
29.17
2.00
58.33
7~li3
7 2. 6
GPM
(FOR FIRE FlOW)
GPM
GP:
GP
CJ DETERMINE TOTAL SYSTEM HEAD
FRICTION COEFF. C.......................
TIE IN PRESSURE...........................
STATIC HEAD.................................
WATER MAIN DIAMETER.................
WATER MAIN LENGTH....................
WATERMAIN & FlmNG DIAMETER
130
60.00
1
8
4910
8
PSI
FT.
INCHES
FT.
INCHES
MINOR LOSSES
ITEM DESCRIPTION
45 ELBOW
TEE
90 STD ELBOW
GATE VALVE
EQUIVALENT PIPE LENGTH (FT)
7.5
21
18
4.8
QUANTITY
4
4
10
6
TOTAL em
30
84
180
28.8
TOTAL............... ..... ...................... 322.8
TOTAL SYSTEM HEAD
762.86
FRICTION LOSSES
I
54.35
3.57
58.92
25.54
34.46
4.87
0399frfl
1
FLOP-IDA STATE CLEARINGHOUSE
LOCh. --J GOVERNMENT COORL_~;ATION
SAI #: FL9806050255C
COMMENTS DUE TO RPC: 06130/98
'"
IJ1) JUN I 2 1998
DATE: 06/08/98
AREA OF PROPOSED ACTIVITY:
COUNTY' Palm Bea~p~~
~ FEDERAL ASSISTANCE 0 DIRECT FEDERAL ACTIVITY 0 FEDERAL LICENSE OR PERMIT
DOCS
PROJECT DESCRIPTION
Greystone Servicing Corporation, Inc. - Mortgage Insurance - Proposed Construction of a 192 Unit Apartment Complex - The
Hamptons at Boynton Beach - Palm Beach County, Florida.
ROUTING:
RPC
Local Governments
_Treasure Coast RPC
X Boy ton Beach
IF YOU HAVE NO COMMENTS, PLEASE CHECK HERE AND RETURN FORM TO RPC :
ALL CONCERNS OR COMMENTS REGARDING THE ATACHED PROJECT SHOULD BE SENT IN
WRITING BY THE DUE DATE TO THE REGIONAL PLANNING COUNCILSHOWN BELOW. PLEASE
REFER TO THE SAI # IN ALL CORRESPONDENCE:
Mr. Terry Hess
Treasure Coast Regional Planning Council
Post Office Box 1529
Palm City, FL 34990
IMPORTANT: PLEASE DO NOT SEND COMMENTS DIRECTLY TO THE CLEARINGHOUSE!
IF YOU HAVE QUESTIONS REGARDING THE ATIACHED PROJECT OR THE INTERGOVERNMENTAL
COORDINATION PROCESS, PLEASE CONTACT THE STATE CLEARINGHOUSE. IF YOU HAVE
QUESTIONS REGARDING THE FEDERAL CONSISTENCY REVIEW PROCESS, PLEASE CONTACT THE
FLORIDA COASTAL MANAGEMENT PROGRAM. THE TELEPHONE NUMBER FOR BOTH PROGRAMS IS
(850) 922-5438 OR SUNCOM 292-5438.
5530 WISCONSIN AVENUE
SUITE 500
CHEVY CHASE, MD 20815
PHONE 301.656,6543
FAX 301.656,6299
GREYSTQK
June 3, 1998
Ms. Cherie Trainor
Florida State Clearing House
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
1~~~tD
State of Florida ClearinghoUS!
RE: The Hamptons at Boynton Beach
Boynton Beach, Florida
Dear Ms. Trainor,
Greystone Servicing Corporation, Inc. is financing The Hamptons at Boynton
Beach as proposed construction HUD Section 221 (d)(4). I am requesting your
review to obtain clearance from the state of Florida to continue my processing. I
have included the following for your review:
1) Completed Standard Form 424
2) Completed HUD 92013 - Application for A Multifamily Housing
project. I have included 15 copies per our telephone conversation
yesterday.
3) Architectural drawings of complex including apartment designs, site
layout and description of amenities.
4) Location Map
5) Zoning - I have included a copy of the letter corresponding to the
meeting held June 2, 1998 approving the Master Plan and Site Plan.
6) Copy of Phase I Environmental Property Assessment - This
Assessment was updated May 15, 1998.
SOIL CLASSIFICATION CRITERIA
RELA TIVE DENSITY
SAND
SPT N-VALUE
RELA TIVE
(blows/ft.)
DENSITY
0-4
5-JO
J 1.-29
30-49
>50
100/6"
V. Loose
Loose
Medium
Dense
V. Dense
Refusal
PARTICLE SIZE
Boulder
Cobble
Gravel
Sand
Silt
Clay
> 12 in.
3 to 12 in.
4.76mm to 3 in.
0.074mm to 4.76mm
0.005mm to 0.074mm
<0.005mm
Mojo< 0"__ ~ Tvplc8I
s~.. -
W.II~ _el._
1i&! Ii GW ..~.8nd miXNrft.
Iittt. 0# no Ii...
oi . !'li . Ui5 "_IV"_ v...... and
1 t.a:! 0.. r.w4...nd mhlfU.....
~ - a I i IInl. 0< no 11_
:o! 0 " n GM SiltY .-,. 11''''''-'
rl!Z , ,- ~ J aUt mt.turw
Ii ! (L
.:;Iii: CI_ .....1.. ll'_I.-.
oc cley ml.tutfl
li _1'9"- undl_
SW ..-IV _.
i,&.1 AI 11n.. 0< no 11n.
~ Poorly .._ III>dI ...., ll'_I~f
j J l!i SI' MndI. 1m.. 01' no fi.,..
8M SlItv ..w:f.. NtId...i1t mh.turw
ill j!1
I~ SC Clayey unch. .nd-cl-v mllCtu,..
I "<<.."Ie "'tl, III!ry fine
j-J loll. .ndI, lock "out. lilly Of'
~I cl.,..... fine eMdI
ul I norgonic cllV' 01 _ 10
i~ 1 ill Cl. INdium pIMtN:lfY. ........'Y
n~ Cloys. -..tv cl.".. IIlltY
:III
~-' cloys. .... cl.,,1
11 01. OrIJl'l\c lilts _........ic
~ I "ltY c\8yl of _ pi_icily
11 ~-s Inar",,1e lilU. ml.-I
MH or diltOl'nlCeOuI 'tNl -.ndI
~ I: or .ltI. "Mic: silta
II 1'1 CH In_nle clIVI 01 hith
~ ;l! pllllicitY. II' clOYI
il-'t OH Organic el-v. of medium
10 ~ pi_lei,.,
Hithly Or_Ie Sollo P'T '.t. muck. Ind 0_ hiGhlv
<<..nle -"-
. a...., on ,he "W~'I.' p....i". the 3'ln. I'$omm.,h.""'.
SHEAR STRENGTH
CLAY
SPT
N- Value
(blows/ft.)
UNCONFINED CONSISTENCY
COMPo STRENGTH
(tons/ft.2)
<2
2-4
5-8
9-15
16-30
>30
<0.25
0.25-0.50
0.50-1.00
1.00-2.00
2.00-4.00
>4.00
V. Soft
Soft
Medium
Stiff
V. Stiff
Hard
DESCRIPTION MODIFIERS
cJ!
~~
.~ l:
f ll;l;l'j-.
;;: ~:iu.a
'0 ~(/)~!o
t~.~.H
~~~,H
1 ';i
'5 .! i
i :ii -
li...08
~ oZ...
,!j! Z I 0
~ ; ll.z
! 1l.1:.
'I ~_!.
c:;; i i~
.-:::-
i-2
.Jj~
0-5%
6 - 10%
11 - 20%
21 - 35%
>35%
Slight trace
Trace
Little
Some
And
An......glimitl ploni....
in "..ched __ ....
bof_hno d_focat 10M
r..uir1ne u. of duel
IYmbOf.
Anllfber; 'imib ptOl'ine
in hatched ... ....
borderline ct_fimtiOftl
,,,ulrlng UM of d-..I
IV_I
,/
/' A:. ._
e~
..
,.
...
I.
...
C_fiation C,i...ia
Cy . D&oID,O GrIM.. "'." 4
lD ,2
C.. 0'0 ~DIO B_' Ind 3
Not .......Uno both criteria fOf GW
Anerberglimitl plot below uA'. tine
or pt.sticity indeX I... than ..
An.,.bef'o limits plot Abott. ,oA ,. line
end plWllCity incHx "Nt., thM 7
Cy 0 D&oID,O Gr....' th." II
lD I'
C..~ B_'_3
Not "'"t: ine ben" crh.r. for SW
Attw_, limit. pot betow uAoolineJ
or plenicity ind... t.. then .
Attwblrg UrNt, plot: ebove ..Aoo line
and p~_bciTV indeWi ...,., th.... 1
..
~\.AST'CI"''' c.........
~.. 1C....,_,_.r ,_ ..~
M ..Ie _ ,,_ t..,_.r c__
..""'-1.'-
..."......., \.._'" ......... If' ..........
aa :::~:.::::~_;:.::;l=~_.
e
/"
/'
V;.,..-M..-.uaf Identification... ASTM D_ivn-tion D 2.....
I......... .t A 1_
..., .. D '3 I Lt.. JOI
..
€>
//
6i~
..
; .:::. ~j.:~..j'~
. .-
D '0 JO 30
..
..
. .
WARRANTY
LIMITATIONS OF LIABILITY
ANAL YSIS AND RECOMMENDATIONS
We warrant that the services performed by
Nutting Engineers of Florida, inc. are conducted
in a manner consistent with that level of care
and skill ordinarily exercised by members of the
profession currently practicing under similar
conditions, NO OTHER WARRANTIES,
EXPRESSED OR IMPLIED, ARE MADE.
While the services of Nutting Engineers of
Florida, Inc. are a valuable and integral part of
the design and construction tearns, we do not
warrant, guarantee, or insure the Quality or
completeness of services provided by other
members of those teams, the quality,
completeness, or satisfactory performance of
construction plans and specifications which we
have not prepared. nor the ultimate performance
of building site materials.
The geotechnical report is prepared primarily to
aid in the design of site work and structural
foundations. Although the information in the
report is expected to be sufficient for these
purposes, it is not intended to determine the cost
of construction or to stand alone as a
construction specification.
Report recommendations are based primarily OD
data from test borings made at the locations
shown on the test boring reports. Soil variations
may exist between borings and these variations
may not become evident until construction. If
significant variations are then noted, the
geotechnical engineer should be contacted so that
field conditions can be examined and
recommendations revised if necessary.
SUBSURFACE EXPLORATION
The geotechnical report states our understanding
as to the location, dimensions and structural
features proposed for the site. Any significant
changes in the nature, design, or location of the
site improvements MUST be communicated to
the geotechnical engineer so that the
geotechnical analysis, conclusions, and ,
recommendations can be appropriately adjusted.
The geotechnical engineer should be given the
opportunity to review all drawings that have
been prepared based on his recommendations.
Subsurface exploration is normally llccomplished
by test borings; test pits are sometimes
employed. The method of determining the
boring location and the surface elevation at the
boring is noted in the report. This information
is represented on a drawing or on the boring log.
The location and elevation of the boring should
be considered accurate only to the degree
inherent with the method used.
The soil boring log includes sampling
information, description of the materials
recovered, approximately depths of boundaries
between soil and rock strata and groundwater
data. The log represents conditions specifically
at the location and time the boring was made.
The boundaries between different soil strata are
indicated at specific depths; however. these
depths are in fact approximate and dependent
upon the frequency of sampling. The transition
between soil strata are indicated at specific
depths; however, these depths are in fact
approximate and dependent upon the frequency
of sampling. The transition between soil strata is
often gradual. Water level readings are made at
the times and under conditions stated on the
boring logs. Water levels change with time,
season, canal levels and local weU drawdown.
CONSTRUcnON MONITORING
LABORA TORY AND FIELD TESTS
Construction monitoring is a vital element of
complete geotechnical services. The
field/inspector is the owner's "representative"
observing the work of the contractor,
performing tests as required in the
specifications, and reporting data developed
from such tests and observations. THE FIELD
ENGINEER OR INSPECTOR DOES NOT
DIRECT THE CONTRACTOR'S
CONSTR UcnON MEANS, METHODS,
OPERA TlONS OR PERSONNEL. He does not
interfere with the relationship between the
owner and the contractor and, except as an
observer, does not become a substitute owner on
site. He is responsible for his own safety, but
has no responsibility for the safety of other
personnel at the site. He is an important
member of a team whose responsibility is to
watch and test the work being done and report
to the owner whether that work is being carried
out in general conformance with the plans and
specifications.
Tests are performed in accordance with specific
ASTM Standards unless otherwise indicated. An
determinations included in a given ASTM
Standard are not always required and performed.
Each test report indicates the measurements and
determinations actually made.
03/05/1998 11:04
551-395-7577
E. B. DE\lELCPERS INC
',.. ~..~:it ';.fOo.f-i1 ;....,-,,:' ~ .~,
PAGE 01101
i:':;. ~':,r ':'''. . ':
I ;~~'f~1 ,'J'
~1"11~r"~1o.:.: :, ,. '1-
1"<'1J~'
,: ,~~',-
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r '~~r....~-J....~ t;.~1 t:.' ~.-:' j
~-;-f.~.j;'-;U'~_"1;"_ "t.: ;..:".'1""~ ,
BERDUGO
@)Jl~@O@[JJ@~ D[JiJ@o
~j
I
HOMES
it".. ,.j; '.~:'--.fI,: 0; - ~ ~ --;; -J- i..
STATEMENT BY INCORPOR:ATQR,
IN LIEU or ORGRNI
E.B. DEVELOPERS, rHe.
';.~f.
, ,
1'-. Z<_ .'., ,:.._~~ .,..t.....
. <c.-~' 't'
The undersigned being the incorporator of the corporation makes the
following statement of action taken to organiF.~~CQ%POration in lieu of an
organi~ation meeting.
By-laws regulating the conduct of t,h~ b~.I"':~" -,.~.~.d~#f.;J fairs of the
corporation will be adop~ed and appended.",;o ~",i., y <,
The foilowing person(s} were appointed director(s) of the corporation
until the next annual meeting of the stockhol~~unt11 their successors
shall be elected or appointed and shall qu.lliiAti-~in;~b,; ~';:'H, i
El1e Berduqo
'\.
...;.. ~;.!...-O~-_~,:.,.,. -:: ::
The director (sl are authorized and dire'tltMll1tii'itsU8 froatiDle to time the
shares of capital stock of the corporation, newer hereafter authorized, wholly
or partly for cash, or labor done, or services perfor.med, or for personal
property or leases thereof, received for the '..,....~~:p~oses of the
corporation, or for any consideration permittedhy law, as in tbe discretion of
the director(s) may seem for the best interests of the corporation.
W-=:--
..~ i<>~i'W~iltt." ...~
~--..--- --
Elie Berdugo
Presiden~
E.B. Developers, Inc.
,_.' "! ri. ~.
"
,!
7025 BERACASA WAY · SUITE 107 · Smu;r"'J~~IDA . 33433
1'- ~ '\ ~ . i
TELEPHONE: (561) 395-6868. FACStMILE: (561rS95-7Sn
" ,~,-~ "~t'f' '" ~H~~,_______,___ ____'
03/02/1998 17:43
551-3'35-7577
E.B. DEVELOPERS I~
PAGE 03/05
ARTICLES OF IN,9QRPORATION
.QE
~~..:; ,
....t': " .
<:-~\ '
-=: :~' ..."'"
'......,-
:: 1") ......-
-'I'l.'" '9'"..
~:.,.., "., "'>~
......-;"\~_\ ~
~ .-{'\' ~ .' ~
<Q ~ l(j>
~(~,
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o
E.B. Developers, Inc.
-;-:-'P lur--c-s;gnc'-: :~r-""rpOia'C.r<:.) for 'One. r-' "-"se 0' 'or--'Ino"" corpor"":""- L,...,Mer 'he
..1_ ....;,_ I __"_V L.I\._. \,_._....:.1..'-._ ), tJI'_Q c;;;,;.......11 .:~ \.0....
~iorjd2 3:.:siness C~::Joratjon Act, hereby ~dop~(s) the follo........ing Articles of Inc:orpor~-
:;C~.
ARTJCLE I NAME
Tne n~!'i"'.e of the ccq)oration shall be:
E.B. Developers, Inc-
ARTICLE II PR INCIPAL OFFICE
Tne prindpaJ place of business 2nd mailing address ot this corporation s"all b~:
5900 Camino Del-Sol #100
Boca Raton, Florida 33433
ARTICLE III
CAPITAL STOGK
The num~er of shc.l~s of stock that this cc"pora~ion is authorized to have oULstanding
er any cn5 time is:
500 Shares of Stock
ARTICLE IV INITIAL REGISTERED AGENT AND ADDRESS
The name and address of the initIal registered agent is;
Elie Berdougo
5900 Camino Del-Sol *100
Boca Raton, Florida 33433
-----~------_.-----"'--
133/132/1998 17:43
551-395-757,7
E.B. DEVELOPERS I~
PAGE 134/135
ARTICLE V
INCORPORA TOR(S)
The name(s) and street addressees) of the incorporator(s} to these Articles of Incorpora-
tion is(are):
Elie Berdougo
5900 Camino De1-So1 #100
Boca Raton, Florida 33433
The undersigned incorporator(s) has(have) executed these Articles of Incorporation this
18th
day of
May
, 19 ...2.l- .
c- I%.-~
~---
.:>
Signa ' ----'--D?rdougo
Signature
Signature
Articles of Incorporation
Rling Fee - $35
03/0?/1998 17:43
561-395-757.7
E.B. DEVELOPERS JNr
PAGE 05/05
t o(.jfr ,
~tat /~'. .P ,'," Oltl~a
e;ll '~;'-~~:=:' ,.~-~,., ., ~. .-:-.'s~'~~'. ... U
ilrpurtmrnf of 6t8f,
I certify the attached is a true and correct copy of the Articles of Incorporation of
E. B. DEVELOPERS, INC., a Fforlda corporation. filed on May 24, 1993, as
shown by the records of this office.
The document number of this corporation is P93000037848.
C!9lbtn unbtr mp banb aRb lI)r
8ttat &tBI of dJt &tatr of jflonba.
at 1raUa"~. tlJe ilapital, tbis tbr
Twenty-sixth bap of May, 1993
\
~
I
I
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a
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B
B
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B
B
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~ >"'.~--------,,,
--.~
THE UTAH DIVISION OF CORPORATIONS AND COMMERCIAL
CODE HEREBY CERTIFIES THAT the attached is a true, correct, and
complete copy of THE CERTIFICATE OF AUTHORITY of
CORPORATION OF THE PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
and the endorsements thereon, as the same is taken from and
compared with the original filed in the office of the Division on
DECEMBER 29, 1995, and now remaining on file and of record
therein.
AS APPEARS OF RECORD IN THE OFFICES OF THE DIVISION.
File Number: CO 011993
/)al('d this 27TH
o( January
da.'/
. 1 Y ...9.8... .
ViJ ~ 11// /J
o o-z)j;{- ~', {/L/~.J--
Korla T. Woods
Director, Division of
Corporations and Commercial Code
\)ll~I')
RECEIVED
DEe 2 9 1995
CERTIFICATE OF AUTHORITY
lJIaD UN. of C~Ip. Comm. Coda
.~
I, H. DAVID BURTON, do hereby certify that I am the Presiding Bishop of TIlE
CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a religious association, and by virtue
of such office I am the Corporation Sole of the CORPORATION OF TIIE PRESIDING BISHOP
OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Corporation Sole,
organized under the laws of the State of Utah; that I am the person designated in the Articles of
Incorporation of said Corporation Sole to sign and execute the deeds and other instruments of
writing and to transact all of the business of said Corporation Sole, pursuant to the provision of
Title 16, Chapter 7, Section 8, Utah Code Annotated 1953, as amended; and that pursuant to said
Section 16-7-8 thereof, I hereby designate and name TED D. SIMMONS as an agent empowered
to execute on behalf of said Corporation Sole:
1) Documents relating to the purchase, sale, development, use, improvement, taxation,
encumbrance and release thereof, or other disposition of real property.
2) Certain corporate documents, namely, annual reports, stock and bond powers,
proxies, water stock certificates, and franchise tax forms.
"
3) Miscellaneous documents, such as agreements, promissory notes, bills of sale,
assignments, loan participation agreements, petitions, notices, and reports.
CORPORATION OF THE PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS,
A Corporation Sole
~
By ~~
I H. DAVID N, Corporation Sole
o
c
C
l'"
C
C
C
C
C
C
DATED at Salt Lake City, Utah, this 29th day of December, 1995.
State .f Ulah
D"."""IW of CoIIIIMIa
DlvWoa II COrporllloM 1114 ComrlIerdal c.ct.
I H...~anlrv tha_lftl~"~
lad approved Oft , ,y t
!r,~' ilIflce of thl v . on an I
__ Clcdflc.. the,eof.
"..I2-}.l/4f5
~~ tt4L-
KORU. T. WOODS
DlvIslon 0Irectcr
UNITED STATES OF AMERICA
STATE OF UTAH
COUNTY OF SALT LAKE
)
: ss.
)
On the 29th day of December, 1995, personally appeared before me H. DAVID BURTON,
personally known to me to be the Presiding Bishop of The Church of Jesus Christ of Latter-day
Saints, who duly acknowledged that he signed the foregoing instrument as Corporation Sole of the
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF
LATIER-DAY SAINTS, and that the seal impressed on the within instrument is the seal of said
Corporation, and the said H. DAVID BURTON acknowledged to me that said Corporation
executed the same.
~,~_ ~ c/2. I "
NOTARY PUBLI in and for the State of Utah,
residing in Salt Lake City, Utah
BERDUGO
Dear Ms. Hayden:
~o~
Ms. Tambri Hayden, Planning Director
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
This letter is to serve as permission for Mr. Kieran J. Kilday and Kilday & Associates, Inc.
to act as the agent to prepare and submit all documentation, and attend all meetings
pertaining to the property known as The Hamptons at Boynton Beach P.U.D. as it relates
to any Zoning, Board of Adjustment, Final Site Plan. Final Subdivision Plan Approval,
and Time Extensions through the City of Boynton Beach processes.
Furthermore, E.B. Developers Inc., contract purchaser, does hereby authorize Kieran J.
Kilday and Kilday & Associates to agree to terms or conditions which may arise as part
of the approval of this application for a Master Plan and Site Plan for The Hamptons at
Boynton Beach P. U. D.
Sincerely,
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 2nd day of Iibru..{lYLI
9 , by Elie Berdugo who is personally known to me and who did not take an oath:' I
-Elin lJ.erdl.lge
President
~/l{~
ary Public
NOTARY SEAL:
~.."y Puc9. JEAN M. HUll
~~~ COMMISSION' CCS8l287
~ ~ EXPIRES SEP 02. 2000
~1L' BONDED lHIfOUGH
7025 BERACASA WAY. SUITE 107 . BOCA RATON Lo~It't'i ~..INC.
TELEPHONE: (561) 395-6868 . FACSIMILE: (561) 395-7577
a3/aZ/199S 17:43
5&1-395-75I7
E.B. DEVELOPERS I~
PAGE ell! a5
~!Iiii
FLORIDA DEPARTMENT OF STATE
Jim Smith
SeCl.'etary of State
;~~<1
..~'..#'" l.~ J
'~j=.t~ .d-ri '~
1ft. .~~?-' :'
I ''': ~~;r'~-'
){tj , ';;.
_ _ A~
:-
May 26, 1993
ELlE BERDOUGO
5900 CAMINO DEL-SOL
#100
BOCA RATON" FL 33433
The Articles of Incorporation for E. B. DEVELOPERS, INC. were filed on
May 24, 1993. and assigned document number P99000037848. Please refer to
this number whenever corresponding with this office.
Enclosed is the certification requested.
A corporation annual report will be due this office bBMBen January 1 and May 1
of next year. A Federal Employer Identification {FEI) number will be required
before this report can be filed. Please apply NaN;with the Internal Revenue
Service by calling 1-800-829-3676 and requesting,termS8-4.
Please be aware if the corporate address changes. it is the responsibility of the
corporation to notify this office.
Should you have questions regarding corporations. please contact this office at
the address given below.
Brendolyn Bruton
Corporate S~ecialist
New Filings Section
Division of Corporations
Lettsr Number: 093A00116065
Post-It" Fax Note
To L,(tJ
CclJDept.
jfgf ~
pags5 ~
~
Phone # I-
!"ax #
Co.~
PhonU5?P1 - SI!':fs-
Fax "
Division of Corporations - P.O. BOX 6327 -Tallahassee. Florida ::l2~'4
--------------~-
03/02/1998 17:43
551-395-757]
E.B. DEVELOPERS I~r.
PAGE 02/05
".
CERTIFICATE OF DESIGNA TI0~
REGISTEREQ AGENT/REGISTERED OFFICE
Pursuant to thE! provisions of sections 607.0501 or 617.0501, Florida Statutes, th~;:": '-:';",:. "").
undersigned corporation, organized under the laws of the State of Aorida, submits the '("'. ..... \~ '(',-(\
following statement in designatl:1g the registered office;registered agent, in ~he State of .~>' J, \ (,J
Florida. '-;" s:.
...(~\"";.., ""'~
-./.\..'~'\ .,
j' ./ l)
1, Tr.e name of the corporation is: E . B. Developers. Inc. (a~' \ d'
?b<<'
5900 Camino Del-Sol #100, Boca Raton, Florida 33433 -~
2. Th~ name and address of the registered agent and office is:
Elie Berdougo
(NAM E)
5900 Camino Del-Sol #100
(P.O. BOX HQ.I ACCEPTABLE)
Boca Raton, Florida 33433
(CITY 1ST A TElZ!P)
HAvtNG BEEN NAMED AS REGISTERED AGENT AND TO ACCEPT SERVICE OF
PROCESS FOR THE ABOVE STATED CORPORATION ATTHE PLACE DESiGNATED IN
THIS CERTIFICATE, I HEREBY ACCEPT THE APPOINTMENT AS REGISTERED AGENT
AND AGREE TO ACT IN THIS CAPACITY. I FURTHER AGREE TO COMPLY WITH THE
PROVISIONS OF ALL STATUTES RELATING TO THE PROPER AND COMPLETE PER-
FORMANCE OF MY DUTIES. AND I AM FAMIUAR WITH AND ACCEPT THE OBLIGA-
TIONS OF MY POSITION AS REGISTERED AGENT.
SIGNATURE
~~
C.- l-t ~~
DATE Mav 18, 1993
REGISTERED AGENT FILING FEE: $35.00
JUN-25-'92 16:06 10:
LAW OFF' 1 CES
TEL NQ:407-241-0798
1t121 P03
.
JUL-17-1992 09:33alll 92-2201 L; 6
ORB 7324 P'l 11.67
Con 382,500.00 Ooe 2,295.00
^~ERK OF THE COURT - P8 COUNTY, FL
Thi. In.trum.nt wa. prepared by
,l and .hould b. returned tOI
~~ MICHAEL A. SCHROEDER, ESQ.
Sohroed.r and Larohe, P.A.
One Booa Plaoe, Suit. 319 Atrium
2255 Glade. Road
Boca Raton, 710r1d& 33431-7313
Thi. Indenture, made W:::~~a~ June, 1992 between
JOHN IAMBERT VAN HEZEWYK, individually and a8 CO-'l'ru.tae, and
ANITA LOUISB VAN HEZEWYX, individually and as Co-Tru.t.e,
Grantor, whose .ooial .ecurity number. are 594-44-7932 and 589-
13-7411, re.peotively, who.e addrese i8 3320 Northe.t 58th
street, Fort Laud.rdale, J'lorida 33308 and CORPORATION or THE
PRJ:SIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY
SAINTS, e Utah corporation 801. Grantee, who.. tax paier
id.ntitication number i. 23-7300405, and whose po.t ott ce
a44re.. i., Tax Admini8tration, 22n4 Floor, 50 East North Templ.
Street, Salt Lake City, utah 84150.
Witn....th that .aieS Grantor, tor and in con.ieS.ration ot
the aWl\ ot Ten Dollars ($10.00) and other qood and valuable
con.id.ration. to 8aid Grantor in hand paid by .aid GrantGe, the
reoeipt whereat ia hereby aoknowledqed, ha. granted, barqained
and sold and by th... pre.ents doe. hereby qrant, bargain and
8.11 to the said Grantee, and Grant..'. successors and assiqns
torav.r, the tol~':lwinq described land, situat., lyinq and being
in Palm B.ach County, Florida, to-witl
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
BY REFERENCE
GRANTOR HEREBY WARRANTS AND REPRESENTS THAT THE PROEPRTY IS
NOT GRANTOR'S HOMESTEAD AND IS IN FACT VACANT LAND
SUBJECT TO:
1. Tax.. tor ~h. year 1992 and aub..quent year., and
2. Re.~rictions and matters appaaring on the Plat ot Palm
Beao~ Farm. Co., P1a~ No.8, recorded in Plat Book 5,
Page 73, ot the pUblio Recorda of Palm Beach county,
Florida.
JUN-2S-'92 16:06 10:
L~ I:FFICES
TEL NO:407-241-079S
11121 P04
ORe 7324 Po; 1168
and .aid Grantor doe. hereby tully warrant t:he title to .aid
land, and will detend the sam. a9ainst the lawful alaims or all
person. who..oever.
"Grantor" and "grantee" are u.ed ~or singular or plural, aa
context require..
IN WITNESS WHEREOF, Grantor has hereunto .et Grantor's hand
and ..al the day and y.ar tirst above writt.n.
8igned, s.aled and delivered
in the pre..noe or:
~_-dc((~~C'V'--
. I ('I \ r (, 'f] _.
Print na.e ot witnel8
~nH~on~
Print na.e or Witne.s
(AS TO JOHN LAMBERT VAN HEZEWYK)
v~
../
Print na.e ot W I,j;
/--::-
0,,/ , ,r,"-- _
~
Print na.e ot wi n...
(AS TO ANITA LOUISE VAN HEZEWYK)
.~
., ' ~
. . ..
:.z. / J " _ ~'zz..rf 'LT>--
~ lIJ~AN HEZEWYK~
individually and as Co-Trustee
STATE OF FlIJRIDA
COUNTY or PA~ B!~CH
~
SWORN TO AND SUBSCRIBED betore me on --1--, 1992, by
JOHN LAMBERT VAN HJ:ZEWYK, individually and .s Co-Tru.t.., who
6 ) i. per.onally known t.o ma or ( v-1 hll. produoe~-c 0'\4:<) IT
..."" 'I ='-'} .. identiticaU.n. ::Q
~
Print name af Nary
My commilsion Expires:
My Commission Number:
My Notary Selll:
~~, Of'FICIAL SEAL
~ \ JUOITH LVNNJOCIS
I No'''y Pub/Ie 81m or FIotIdI
~ ,...I c..........losIon No. CC '250211
.':.':.... Ellpi,. ^1JOUlI' 27, ,_
-2-
.~
JUN-25-'92 16:07 101
L~ OFF I CES
TEL ~()1407-241-0798
11121 P05
ORB 732". Ps 1169
PROVINOJ: or ONTARIO
COUN'l'Y or YOU
SWORN '1'0 AND SUBSCRIBBD betore .e on June~, 1992, by
ANI'l'A LOUISE VAN HEZBWYX, !ncUvidua11y anc! ae Co-Truste., WhOO" LI c...
./ ( ) ijl per.onally known t.o .. or ( V) has produoed onT' ""I
v G 4:l.~ Q4 5"1;.4-, .. identi tication.
~~- ~o7 v
~""
(winoh..ter\church.wd)
t H9t::..,.....;;:... ".
tiL. i ~~.~ . ~,..~.r'i~. 4\
0- t .. .. ;. .. .,' '. 0 "
. ':..~: ~ ~ . ... -~ ~
, ~ ~r" .~:~ ~ :~. :
_ "'- '.;IJ f-. .J . , . ..
.,,~:~~~.~ ~..~ ,.,<~~<i
" "" .
. . ~ I . It 1 . . .
My cOJlUlli88ion Expir..t OoU ,vOl"" ~~frr4C.L
My Commi..ion Humbert
My Notary S.all
"
-3-
ORB 7324 pg 1.170
EXHIBIT "A"
LEGAL DESCRIPTION
The South 567 teet ot the tollowina ~~~cribed property:
A parcel ot land being portions ot Tracts 71, 72, 89,90,
103, 104, 121 and 122, ot PALM BEACH FARMS COMPANY PLAT NO.8,
recorded in Plat Book 5, page 73, ot the Public Records at Palm
Beach County, Florida, lying in section 30, Township 45 South,
Range 43 East, Palm Beach County, Florida, and being more
particularly described as tollows:
c01lUl\encing at the South Quarter (8 1/4) corner at said Section
30, run thence North 01010'26" East along the North-South Quarter
(NS 1/4) section line 40.0 teet, thence East 40.0 teet to the
point ot beginning ot the herein describ~d parcel, thence
continue East 351.64 teet, thence North 01004'28" East 2513.64
teet, to a point on the South right-at-way line at Lake Worth
Drainage District Canal L-25 as same is recorded in otticial
Records Book 2063, page 1416, Public Records at Palm Beach
County, Florida, thence South ~9049'OO" West, along said right-
ot-way line 347.30 teet to the Easterly right-at-way line at a
road right-at-way as recorded in otticial Records Book 2075, page
572, Public Records at Palm Beach County, Florida, thence South
01010'26" West, along just said right-ot-way line 2512.61 teet to
the Point ot Beginning, less the West 25' teet thereot.
(winchest\church.leg)
-4-
MCOK>) VERIFIED
PAlM BEACt1 COUNTY. f\A.
C1.[lIK CIRCUIT 00UIn'
...
,
J Thi. Inat:ruaen1: va. prepare<< by
~ and .hould b. returnild to: .
VJ lttCRABL A. SomoBDD, ESQ. ' '
\ Schroeder and . Larche, P.A.
on. ~a Plac.,Sult. 319 Atria
2255 Gla4.. Road
Boca Ra~on, Plo~i4a 33431-7313
1IV-20-1m 09: 19. 92-355856
ORB 7484 P9 990
Con 7m,1D). 00 Doc 4, q{JJ. OC
a.ERK OF THE COUll - P8 COOOV, Fl
"r..1lQJdIft''l DUO
Thi. xndenture, aad. this ,ibl day of October, 1992 between
JOHN LUlBERT VAN HEZB1IYK, ind~11Y and aa Co-Truste., and
AHrlA LOUIS!: VAN SBZEWYIC, individually and .. co-Trusteep
G~antor, who.. .ocial .ecurity number. are 594-44-7932 and 589-
13-7411, r..pectively, whos. addr... i. 3320 Northe.t 58th
street, Fort LaUderdale, Florida 33308 and TARA OAKS DBVlLOPKBNT
COMPANY, a 'lorida corporation Grant.., whoa. tax payer
identification nUJlber haa been applied t'or, and Whoa. post: office
addres8 ia, clo Michael A. Schroeder, Schroad.r and LarChe, P.A.,
Suite 319A, 2255 Glade. Road, Boca Raton, Florida 33431.
witn....u t:hat Baid Grant.or, for and in con.ideration of
the .u. of Ten Dollars ($10.00) and other qood and valuable
con.ide~.tion. to said Grantor in hand paid by 8aid Grantee, the
receipt whereof 1. hereby aeJmowleclge4, bas CJ%"l!nted, barqained
and .01d and by th... presents do.. hereby grant, barqa1n and
8ell to the .aId Gran~e., and Grant:.. t. successor. and ..sign.
forever, the following d..cribed land, .i~u.ai:., lyinCJ and beinq
in Pal. Beach County, Florida, to-vit:
SEI: BXlIX.X"!' "A" AT'l'ACHBD HBRE'l'O AND MADE A PDT HERBOF
SY UFBRElfCE
GRANTOR HBRZBY WARRANTS ABD UPREBENTS THAT THB PROEPR'l'Y IS
HOT GRAlITOR' S HOKBSTBAD AHD IS ~1I FACT VACAlIT LAND
SUBJECT TOl
1. Taxe. for the year 1992 and aubaequ.mt yaara, and
2. Reat.rict1one and aat;t.ers appearing on the Plat of Pal1ft
S..ch Farma co., Plat: No. ., rocorded in plat Book 5,
Page 73, of the Public Records ot Pal. Beach County,
Florida.
/
/-. :r '-,., ,', ""/';
." ~.^" "L.~;,'
. '
..
ORB 7484 PtJ 991
and sa14 Oran~or 40.. h.reby tully warran~ the ~ltle to aa14
land, and vill defend the .... againat the lawful claimo of all
persona whomsoever.
"Qrantorn and ..grant.... are u.ed for singular or plural, as
context require..
, IN WITHESS WHEREOP, Grantor haA hereunto ..t Grantor'. hand
and ..al tb. day and y.ar first above written.
819ned, .ealed and delivered
i~.~ Ofl
~u.
Prln1: nu. ot . tn..s
Prln~ ft..e of . tn...
(AS TO JOHlf LiMBERT VAK DZ:ftYlt)
STATE 07 nDRIDA
comrn OF PALM BEACH
SIIORR TO AND SUBSCRIBED b.tor. .. on Oct.ober .l!L.. 1992, by
JOHN LUmE1\T VAll DZEWYlt, In4ividUally anet a. CO-Trust..,' who
( X) is personally known to a. or haa pr need \,.. u' .....
. a. identificat.ion. .\....\ ...(,(,:,\ , :"'"
.,.. .... ....... "';. ".
1I. . .<:~ ;:.;~::t'..>_" '\
. .~ ...
. . -A ':
Prit a.. ot Rot . : (J . · ,~. -:-1';: ~t ~
::. yo ~ _, ' r.,': :' '. :
J __ ...tl' _.~~_).~.~_.,.,.j, .... ::::. i
,f _J~."""'" ~nu&. ..~~.UJltiI.. ~. .~u '..
: I "~S$10lI lIP. *'1. Sl_l*' ~.. < \." /
l~ _1ltII_UlIKt~'~~'~'I~:".;:""
My COIDll..l0ft Expir..:
~ Co.al..1an Huaberl
Xy Not:ary a.all
-2-
.
) .
ORB 7484 P9 992
.-
Pl\OVIHCB OF 0H'l'ARI0
COUH'l'Y OF YORK
SWORR TO AND SUBSCRIBBD before .e on octobe
AHITJ' WUISB VAN HEZEWYX, individually and.. Co
( V) i. per.onally known to .. or ( a . p
, as iden~lfication.
by
Print n... of Notary
My C~i..ion _ir..l .$ fa' I.-III-
My Coai..lon Nwlber: hi'"
My Rotary .eall
-3-
--~------
. ..
..'
.~ ,-
BXHIBIT "A"
LEGAL DESCRIPTION
ORB 7484 P, 993
A parcel of land being portion. of Tract.. 71, 72, 89,90#
103, 10., 121 and 122, at PALM BEACH FARMS COHPAJlY PLAT NO.8,
recorded in Pla~ Book 5, page 73, of ~. Public Recorda ot Pal.
aeach County" Florida, lying in Sect:ion 30# TownShip 45 South,
Range 43 Baat.# paa Beach County, Florida, and being more
particularly described aa folloW8J
Co...ncing at the South Quarbr ($ 1/4) corner ot said Section
30, run ~h.no. North 01-10'268 Baat: along t:he Hortb-Sou1:h Quarter
(liS 1/4) .ection line 40.0 f..ta thence Baat 40.0 feat:. to the
point. at beginning of the herein described parcell thence
continu. Ea.t 351.64 f..t, thence North 01.04' 28" East 2513.64
feet, t.o a point on the South right-of-way line of Lak. Worth
Drainage Dl.tri<* Canal L-25 a. aame is reoorded in Official
Record. Book 2013# pave 1411, Public Records of Paltl attach
caunty# Plorida, thence South 89.49'00" W.st, along .aid riqht-
of -way line 347.30 t..t; 'to ~e Easterly right-of-way line ot a
road right-of-way as recorded in Official Record. Book 2015, page
5?2, Public Recorda of Pal. Beach county, Florida, thence Sou~h
01'10'26" ...t, along just. said right-of-way 11n. 2512.61 f.et to
~. Point of 8891Min9# 1... the Sou~h 567 teet and 1e88 the West
2S' feet hereot. '
(vinch..t\1:and..e.leg)
. Rt:COAO VER'~'ED
PAlM BEACH COUI\JTY. FtA
ClEitl( CIRCUIt COURT
AGREEMENT FOR PURCHASE AND SALE
D'm@rno~rnrm
') /., , I
" FBI -619 ,@
. ..
This Agreement for Purchase and Sale, is made and entered into
by and between E. B. DEVELOPERS, INC., a Florida corporation, 7902
Tennyson Court, Boca Raton, Florida (hereinafter referred
to as the "Purchaser") and TARA OAKS DEVELOPMENT COMPANY, having a
mailing address of c/o Schroeder and Larche, P.A., One Boca Place,
Suite 319 Atrium, 2255 Glades Road, Boca Raton, Florida 33431,
(hereinafter referred to as the "Seller");
WIT N E SSE T H:
1. DEFINITIONS. The following terms as used herein shall
have the following meanings:
1.1 "Adjacent Property".
Exhibit "B".
The property depicted on
1.2 "Agreement" . This instrument, together with all
exhibits, addenda and proper amendments hereto.
1.3 "Closing Date". The date which is ninety (90) days
after Site Plan approval (as hereinafter defined), unless extended
by the terms of this Agreement, or by mutual consent of the
parties, but in no event later than November 30, 1998.
1.4 "Current Funds". Wired funds through the federal
reserve system, a cashier's check, or a check drawn against the
trust account of Purchaser's attorney, provided the checks are
drawn on a bank or savings and loan having offices in Palm Beach
County, Florida.
1.5 "Deposit". All amounts paid by Purchaser as earnest
money deposits hereunder, together with all interest, profits and
accumulations earned or accrued thereon.
1.6 "Due Diliaence Period". The period commencing on
the Effective Date and ending sixty (60) days thereafter, during
which Purchaser shall conduct all due diligence Purchaser deems
necessary or appropriate including, without limitation, with
respect to environmental, title, survey, soils, concurrency with
governmental regulation, zoning and land use matters.
1.7 "Effective Date". The effective date
Agreement shall be the date upon which the Purchaser,
Seller have executed and delivered this Agreement.
of this
and the
1.8 "Escrow Aaent". The law firm of Kodsi & Eisenstein,
P.A., One Cypress Place, 701 West Cypress Creek Road, Suite 302,
Fort Lauderdale, FL 33309.
1.9 "Permitted Exceotions". Those exceptions set forth
on the title insurance commitment which are not objected to by
Purchaser pursuant to Section 8.2 hereof, real estate taxes for the
year in which the closing takes place and the Memorandum with
respect to the Tara Oaks PUD Agreement as hereinafter referred to.
1.10 "Property". All of the property to be transferred
and conveyed by Seller to Purchaser under this Agreement, as more
fully described in Section 2.1.
1.11 "Purchase pricell. The amount to be paid by
Purchaser to Seller for the purchase of the Property pursuant to
Section 3.
1.12 "Real Propertyll. That certain real property to be
transferred and conveyed by Seller to Purchaser under this
Agreement, as more fully described in Section 2.1 hereof.
1.14 IISite Plan Approvalll. Final approval of Purchaser's
site plan for the Property by the City of Boynton Beach, Florida.
1.15 IISite Planll. References in this Agreement to a
IISite Planll are intended to refer to the Site Plan required to be
submitted for government approval pursuant to Section 5 and
approved by Seller pursuant to subsection 5.1.
2. SALE AND PURCHASE. In consideration of the mutual
covenants herein contained, and other good and valuable
consideration, Seller agrees to sell and convey to Purchaser and
Purchaser agrees to purchase from Seller, on the terms, covenants
and conditions hereinafter set forth, the property hereinafter
described.
2.1 Real Property. Certain real property located in
Boynton Beach, Florida and legally described on Exhibit IIAII
attached hereto (the IIReal Property") .
3. PURCHASE PRICE AND METHOD OF PAYMENT FOR PROPERTY.
3.1 Purchase Price. The purchase price shall be One
Million Five Hundred Fifty Thousand Dollars ($1,550,000.00) (the
IIPurchase Price") .
3.2 Payment of Purchase Price.
3.2.1 Initial De~osit. The amount of Ten
Thousand Dollars ($10,000.00) shall be delivered to the Escrow
Agent on the Effective Date of this Agreement as an initial Deposit
payment. The Deposit (and all payments on account thereof),
together with all accrued interest thereon shall be a credit to the
Purchaser against the Purchase Price and applied as a payment on
account thereof at closing.
3.2.2 Second Deposit. In the event Purchaser
does not terminate this Agreement pursuant to Section 4 hereof,
then no later than three (3) business days after the last day of
2
the Due Diligence Period, an additional amount of Ninety Thousand
Dollars ($90,OOO.00) in Current Funds shall be delivered by the
Purchaser to the Escrow Agent as the second Deposit.
3.2.3 Balance of Purchase Price. On the Closing
Date, Purchaser shall pay to the Seller as cash due at closing, by
Current Funds, the balance of the Purchase Price, subject to all
adjustments, credits (whether for the Deposit or interest earned
thereon, or otherwise), and prorations as herein provided. The
Escrow Agent shall disburse at closing to the Seller, the Deposit,
together with all accrued interest thereon.
4. DUE DILIGENCE PERIOD. During the Due Diligence Period,
Purchaser and its agent shall have the right to enter upon the
Property to examine same, and to perform any and all inspections,
tests, systems analysis and surveys thereto or to any portion
thereof as Purchaser may, in its discretion, deem necessary to
fully advise itself as to the condition and suitability of the
Property. The inspections to be performed by Purchaser shall not
damage the Property and Purchaser shall notify Seller prior to
making inspections. All inspections shall be at Purchaser IS
expense.
In the event of any damage caused by the inspections,
Purchaser shall restore, at its expense, any and all damage to the
Property caused by any such tests or inspections. Purchaser shall
conduct all tests and inspections as aforesaid in a reasonable
manner. In addition to any other rights of Purchaser herein, at
any time prior to the expiration of the Due Diligence Period,
Purchaser shall, by giving written notice to Seller and Escrow
Agent, have the right, in its sole discretion, and with or without
cause, to terminate this Agreement and, upon return to Seller of
the Due Diligence materials listed on Exhibit "C", receive the
return of the Deposit. In the event Purchaser does not give such
notice of termination to Seller prior to the expiration of the Due
Diligence Period, time being of the essence, the Deposit shall
become nonrefundable and Purchaser shall be deemed to have waived
the termination right provided for in this Section 4.
Purchaser agrees to provide to Seller, at Purchaser's
sole cost and expense, copies of all inspection reports and other
items of due diligence including, without limitation, soil tests,
environmental audits, surveys, and traffic studies. Purchaser
shall submit copies of the foregoing to Seller no later than three
(3) days after Purchaser's receipt of same. All items of due
diligence shall be certified to both Purchaser and Seller.
5. SITE PLAN APPROVAL FOR PROPERTY.
5.1 Site Plan. Within thirty (30) days following the
Effective Date, Purchaser shall submit a copy of its proposed Site
Plan to Seller for Seller's review and approval, which approval
will not be unreasonably withheld or delayed. In no event shall
3
Seller be required to approve a Site Plan that (1) provides for or
contemplates more than one hundred ninety-two (192) residential
dwelling units; (2) results in the need for any increase in the
amount of water retention to be provided in addition to that
contemplated by engineering plans previously prepared by Shah
Drotos & Associates, under Project Number 0291, Sheet Number 2
(paving, grading and drainage) dated May 20, 1997 and Sheet Number
3 (paving, grading and drainage) dated April 18, 1997; (3)
contemplates a retention area for the Purchaser's project, Knuth
Road and the Adjacent Property other than that depicted on Exhibit
"E" hereto; or (4) that would in any way violate the PUD Agreement
or preclude, hinder, delay, or in any way diminish the benefits to
inure to Seller, from the work contemplated by Section 34. Should
the parties not agree upon the Site Plan and confirm same in
writing prior to the end of the Due diligence Period either party
may terminate this Agreement within five (5) business days
following expiration of the Due Diligence Period by giving written
notice to the other party in which event the Purchaser shall,
provided it is not in default under this Agreement, be entitled to
a full refund of deposits paid once Purchaser shall have returned
to Seller the Due Diligence materials, being those documents and
materials described on Exhibit "C".
5.2 Submission of Site Plan. Purchaser shall submit the
Seller approved Site Plan to the City of Boynton Beach, Florida,
for Site plan Approval.
5.3 Application for Site Plan Approval. Purchaser
agrees to file a completed application for Site Plan Approval and
to pay all fees in connection therewith no later than ninety (90)
days after the Effective Date (the "Site Plan Submittal Date").
Purchaser shall deliver to Seller, no later than the Site Plan
Submittal Date, evidence that it has filed its completed
application and paid all fees in connection therewith. Purchaser
further agrees that it will pursue the Site Plan Approval in good
faith and with due diligence. In the event Purchaser has not filed
a completed application for Site Plan Approval and paid all fees in
connection therewith prior to the Site Plan Submittal Date, Seller
may terminate this Agreement by giving written notice thereof to
Purchaser and Escrow Agent, whereupon Purchaser shall be deemed in
default hereunder and Seller shall be permitted to exercise its
rights set forth in Section 18.1 hereof. Seller agrees to
cooperate with the Purchaser and to execute all documents
reasonably required to obtain Site Plan Approval, provided,
however, that Seller's agreement to cooperate shall be without cost
or expense to Seller.
5.4 Condition to Closing. Purchaser's obligation to
close hereunder is conditioned upon Purchaser having obtained Site
Plan Approval for 192 units. In the event Site Plan Approval is
not obtained prior to the date which is two hundred forty (240)
days after the Effective Date (the II Si te Plan Approval Date"),
Purchaser may, if Purchaser is not otherwise in default hereunder
4
extend the Site Plan Approval Date by thirty (30) days. To
exercise this right to extend, Purchaser must give written notice
to Seller of its election to extend accompanied by a nonrefundable
extension fee in the amount of Seven Thousand Five Hundred Dollars
($7,500.00), which shall not be applicable to the purchase price.
If Site Plan Approval is not obtained on or before the Site Plan
Approval Date, as from time to time extended, provided Purchaser is
not otherwise in default, Purchaser may terminate this Agreement by
giving written notice thereof to Seller and Escrow Agent no later
than the Site Plan Approval Date, whereupon Purchaser shall receive
a refund of all Deposits. Should Purchaser not provide written
notice of termination to Seller on or before the Site Plan Approval
Date, time being of the essence, Purchaser shall be deemed to have
waived this right to terminate and shall proceed to closing.
5.5 SFWMD/LWDD Permits. Purchaser shall file completed
applications for the requisite South Florida Water Management and
Lake Worth Drainage District permits for the Project and the
Improvements, as defined in Article 34, within twenty (20) days
after Technical Review Committee review of the Site Plan and shall
pursue the obtainment of same with due diligence.
6. REOUIREMENTS TO PROCEED BEYOND THE DUE DILIGENCE PERIOD.
Purchaser's right to proceed under this Agreement beyond the Due
Diligence Period is subject to the following requirements:
(i) Purchaser shall not have given notice of termination prior to
the expiration of the Due Diligence Period, and (ii) the payment by
Purchaser of the second Deposit in the amount of Ninety Thousand
Dollars ($90,000.00). Purchaser's failure to pay the second
deposit on a timely basis shall constitute a material default.
7. CLOSING. The parties agree that the closing on the
Property shall be consummated on the Closing Date as follows:
7.1 Place of Closinq. The closing shall be held at the
offices of Seller's attorney, in Boca Raton, Florida.
7.2 Instruments of Conveyance. At closing, Seller shall
deliver, or cause to be delivered, to Purchaser the following
documents, each fully executed and acknowledged as required:
7.2.1 Statutory Warranty Deed. A Statutory
Warranty Deed conveying good and marketable fee simple title to the
Property, subject only to the Permitted Exceptions.
7.2.2 Affidavit. An Affidavit with respect to
mechanics' liens and parties in possession, in form acceptable to
Purchaser, sufficient to permit a title insurer to delete the
"Mechanics' Lien" and "Rights or Claims of Parties in Possession"
exceptions from the title insurance policy, and stating that the
Property is free and clear of all liens, encumbrances, lease,
licenses, contracts or claims of rights, which claims may serve as
the basis of a lien or charge against the Property, whether due to
5
services, material or labor supplied for the benefit of or
delivered to the Property.
7.2.3
transfer certificate
Internal Revenue Code.
FIRPTA Affidavit.
in accordance with
A FIRPTA non-foreign
Section 1445 of the
7.2.4 Closinq Statement. A closing statement
setting forth the Purchase Price, Deposits and all credits,
adjustments and prorations between Purchaser and Seller and the net
cash to close due Seller.
7.2.6 Corporate Documents. A corporate
resolution of Seller authorizing the transactions contemplated by
this Agreement and a current Certificate of Good Standing.
7.2.6 Department of Revenue Return. The Florida
Department of Revenue Return for Transfer of Interest in Florida
Real Property.
7.2.7 Additional Documents. Such additional
documents as may be reasonably required by Purchaser to consummate
the sale of the Property to be conveyed under this Agreement.
7.3 Possession. At closing, Seller shall deliver full,
complete and exclusive possession of the Property.
7.4 Purchaser's Obligations.
shall deliver to Seller the following:
7.4.1 Balance of Purchase Price. The required
payment due as cash due at Closing as provided elsewhere herein.
At closing, Purchaser
7.4.2 Corporate Documents. A corporate
resolution of Purchaser authorizing the transactions contemplated
by this Agreement and a current Certificate of Good Standing.
7.4.3 Additional Documents. Such additional
documents as may be reasonably required by Seller or the title
insurer to consummate the transactions contemplated under this
Agreement.
8. EVIDENCE OF TITLE.
8.1 Delivery of Title Insurance Commitment. Within
thirty (3D) days after the Effective Date of this Agreement, the
Purchaser shall obtain and provide a copy to Seller of an owner's
title insurance commitment agreeing to issue to the Purchaser upon
the recording of the Warranty Deed to the Property, an owner's
marketability title insurance policy in the amount of the Purchase
Price insuring the marketability of the fee title of the Purchaser
to the Property. At closing, Seller shall be charged the premium
for the purchaser's title insurance policy up to an amount equal to
6
the promulgated rate based upon the Purchase Price. Any additional
costs or premiums related to title examination or premiums shall be
paid by Purchaser.
8.2 Purchaser's Review of Title Insurance Commitment.
The Purchaser shall have until the earlier of fifteen (15) days,
after receipt of the title insurance commitment or forty-five (45)
days following the Effective Date (the "Title Objection Date")
within which to communicate to Seller any objections to title. In
the event the title insurance commitment shall show as an exception
any matter which renders title to the Property unmarketable and
which will not be cured at closing, Purchaser shall notify Seller
of Purchaser's obj ection thereto. Wi thin five (5) days ?lfter
receipt of any title objection from Purchaser, Seller shall notify
Purchaser whether Seller elects to cure such title defect. If
Seller elects not to cure such title defect, then Purchaser shall,
within three (3) days of notice from Seller, either (a) agree to
take title as is without any reduction in the Purchase Price or
(b) terminate the Agreement by giving written notice thereof to
Seller, with a copy to Escrow Agent, in which event Escrow Agent
may immediately, without further authorization or direction, refund
the Deposit to Purchaser, together with all accrued interest
thereon, and the parties shall be relieved of all further
obligation hereunder. If Seller elects to attempt to cure such
title defects, Seller shall be entitled to thirty (30) days from
the date of notification by Purchaser within which to cure such
defects. If the defect(s) shall not have been so cured and removed
from the commitment by endorsement thereto at the termination of
the said thirty (30) day period, Purchaser shall have the option
of: (a) accepting title to the Property as it then exists, or
(b) terminating this Agreement by giving written notice thereof to
Seller, with a copy to Escrow Agent, in which event Escrow Agent
may immediately, without further authorization or direction, refund
the Deposit to Purchaser, together with all accrued interest
thereon, and the parties shall be relieved of all further
obligation hereunder. Any objections to title not communicated in
writing to Seller by Purchaser on or before the Title Objection
Date, time being of the essence, shall be irrevocably deemed to
have been waived by Purchaser.
8.3 Action Subse~ent to Effective Date. From and after
the Effective Date of this Agreement, Seller shall take no action
which would, beyond the closing date, impair or otherwise affect
title to any portion of the Property, and shall record no documents
in the Public Records which would affect title to the Property,
without the prior written consent of Purchaser.
9. EXPENSES.
9.1 Purchaser Expenses. Purchaser shall pay at the time
of closing the cost of recording the deed of conveyance and shall
provide a credit to Seller against Seller's attorneys' fees and
costs in an amount equal to seventy percent (70%) of the title
7
insurance premium payable by Seller pursuant to ~9.2.2 below.
Purchaser shall pay premiums for title insurance coverage in excess
of the purchase price.
9.2 Seller Expenses.
expenses at closing:
Seller shall pay the following
9.2.1 Documentary Stamps. Documentary Stamps
required to be affixed to the deed of conveyance.
9.2.2 Title Insurance Premiums. Promulgated rate
premiums for the owner's marketability title insurance policy with
coverage in an amount not to exceed the Purchase Price.
9.2.3 Real Estate Commissions. Any real estate
commissions payable by Seller pursuant to this Agreement.
9.3 Attorneys' Fees. The Seller and Purchaser shall
each pay its own attorneys' fees.
10. PRORATIONS. All taxes on the Property shall be prorated
as of the Closing Date, based upon the current year's tax bill, if
available, or if not available, the tax bill for the prior year.
In the event the prior year's tax bill is used, the taxes shall be
reprorated between the parties upon receipt of the tax bill for the
current year.
11. ASSESSMENTS. Certified municipal liens and pending
municipal liens for which work has been substantially completed as
of the Closing Date shall be paid by the Seller and other pending
liens shall be assumed by the Purchaser.
12. SURVEY. Purchaser shall be deemed to have waived any
objections with respect to matters which would be revealed by an
accurate survey unless such objections, together with a copy of a
survey of the Property prepared by a Florida registered surveyor,
certified to Seller and complying with applicable minimum technical
standards, shall have been delivered to Seller on or before the
Title Objection Date (see Section 8.2).
13. CONDEMNATION. In the event that all or any part of the
Property necessary for Purchaser's development of the Property
shall be acquired or condemned for any public or quasi-public use
or purpose, or if any acquisition or condemnation proceedings shall
be threatened or begun prior to the closing of this transaction,
Purchaser shall have the option to either terminate this Agreement,
in which event the Escrow Agent shall return to Purchaser all
Deposits, together with accrued interest thereon, and the
obligations of all parties hereunder shall cease, or to proceed,
subj ect to all other terms, covenants and conditions of this
Agreement, to the closing of the transaction contemplated hereby
and receive title to the Property, receiving, however, any and all
damages, awards or other compensation arising from or attributable
8
to such acquisition or condemnation proceedings. Purchaser shall
have the right to participate in any such proceedings.
14. REAL ESTATE BROKER. Seller and Purchaser each represent
and warrant to the other that they have not dealt with any real
estate broker, salesman, agent or finder in connection with this
transaction other than Rauch, Weaver, Millsaps & Co. who are to be
paid by Seller. Without limiting the effect of the foregoing, each
party agrees to indemnify, defend and save the other harmless from
the claims or demands of any other real estate broker claiming to
have dealt with the indemnifying party. Such indemnity shall
include without limitation the payment of all costs, expenses and
attorneys' fees incurred or expended in defense of such claims or
demands. The terms of this Section shall survive the closing.
15. NO REPRESENTATIONS OR WARRANTIES OF SELLER. Purchaser
acknowledges that Seller is not making and has not at any time made
any warranties or representation of any kind or character, express
or implied, with respect to the Property including, but not limited
to, any warranties or representations as to habitability,
merchantability, fitness for a particular purpose, physical or
environmental condition, governmental approvals or regulations or
otherwise. Purchaser acknowledges that it has not relied upon and
will not rely upon, either directly or indirectly, any
representation or warranty of Seller with respect to the Property
except as specifically set forth in this Agreement. Purchaser will
conduct such investigations of the Property, including, but not
limited to, the physical and environmental condition thereof, as
Purchaser deems necessary to satisfy itself as to the condition of
the Property and the suitability of same for Purchaser's intended
use. Purchaser will rely solely upon such investigation and not
upon any information provided by or on behalf of Seller. Upon
closing, Purchaser shall assume the risk that adverse matters may
not have been revealed by Purchaser t s investigations and, upon
closing, Purchaser hereby waives, relinquishes and releases Seller
from and against any and all claims, demands, causes of action
(including causes of action in tort), losses, damages, liabilities,
costs and expenses (including attorneys' fees and court costs) of
any and every kind or character known or unknown, which Purchaser
might have asserted or alleged against Seller at any time by reason
of or arising out of any physical or environmental conditions,
violations of any applicable laws and any and all other matters
regarding the Property. Seller has made available to Purchaser
certain due diligence reports, material, studies and other
documentation regarding the Property prepared by or at the request
of pulte Homes Corporation while Pulte Homes was under contract to
buy the Property. These materials have been made available to
Purchaser as an accommodation and without representation or
warranty and Seller shall have no liability with respect to same.
It is incumbent on Purchaser to conduct its own investigation with
respect to same and Purchaser knowingly, voluntarily and
irrevocably waives any claim against Seller with respect to those
9
materials or ar~s~ng out of any reliance Purchaser may elect to
place upon same.
16. NOTICES: All notices required by this Agreement shall be
hand delivered to the other party or mailed by certified mail,
return receipt requested, postage prepaid, to the address set forth
below, or to such other address as the parties may hereafter
specify in writing:
16.1 Seller:
Tara Oaks Development Company
c/o Mr. Bill R. Winchester
P.O. Drawer 1240
Boynton Beach, Florida 33435
Telephone No. (561) 732-3961
Facsimile No. (561) 732 -3993
With a copy to:
Michael A. Schroeder, Esq.
Schroeder and Larche, P.A.
One Boca Place, Suite 319-A
2255 Glades Road
Boca Raton, Florida 33431-7313
Telephone No. (561) 241-0300
Facsimile No. (561) 241-0798
16.2 Purchaser:
E. B. Developers, Inc.
7902 Tennyson Court
Boca Raton, Florida
Telephone No. (561)
Facsimile No. (561)
33433
392-7013
392-7017
With a copy to:
Isaac Kodsi, Esq.
Kodsi and Eisenstein, P.A.
One Cypress Place
701 West Cypress Creek
Suite 302
Ft. Lauderdale, FL
Telephone No. (954)
Facsimile No. (954)
Road
33309
771-8277
771-4676
16.3 Escrow Agent:
Isaac Kodsi, Esq.
Kodsi and Eisenstein, P.A.
One Cypress Place
701 West Cypress Creek Road
Suite 302
Ft. Lauderdale, FL 33309
Telephone No. (954) 771-8277
17. ESCROW AGENT.
17.1 Escrow. The undersigned Escrow Agent shall hold the
Deposi t in the Escrow Agent I s Trust Account until closing, or
sooner termination of this Agreement, and shall pay over or apply
such proceeds in accordance with the terms of this Agreement.
17.2 Escrow Agent. Escrow Agent shall hold the Deposit
in an interest bearing bank money market account. The interest
earned thereon shall be paid to Purchaser. The party receiving
10
such interest shall pay any income taxes thereon. The parties' tax
identification numbers shall be furnished to Escrow Agent upon
request. At the closing, such sums and the interest thereon, if
any, shall be paid by Escrow Agent to Seller and credited against
the Purchase Price. If for any reason the closing does not occur,
and either party makes a written demand upon Escrow Agent for
payment of such amount, Escrow Agent shall give written notice to
the other party of such demand. If Escrow Agent does not receive
a written objection from the other party to the proposed payment
within ten (10) business days after the giving of such notice,
Escrow Agent is hereby authorized to make such payment. If Escrow
Agent does receive such written objection within such ten (10) day
period, or if for any other reason Escrow Agent in good faith shall
elect not to make such payment, Escrow Agent shall continue to hold
such amount until otherwise directed by written instructions signed
by Seller and Purchaser, or by Court order. However, Escrow Agent
shall have the right at any time to interplead the escrowed sums
and interest thereon, if any, with a Court of competent
jurisdiction. Escrow Agent shall give written notice of such
deposit to Seller and Purchaser. Upon such deposit, Escrow Agent
shall be relieved and discharged of all further obligations and
responsibilities hereunder.
17.3 Documents. Escrow Agent is acting hereunder as a
depository only, and is not responsible, or liable, in any manner
whatsoever for the sufficiency, correctness, genuineness or
validity of any instrument deposited with it, or of any notice or
demand given to it or for the form of execution of such instrument,
notice or demand, or for the identification, authority or right of
any person executing, depositing or giving the same, or for the
terms and conditions of any instrument, pursuant to which the
parties may act.
17.4 Escrow Agent Liability. The parties acknowledge
that Escrow Agent is acting solely as a stakeholder at their
request and for their convenience, that Escrow Agent shall not be
deemed to be the agent of either of the parties, and that Escrow
Agent shall not be liable to either of the parties for any act or
omission on its part unless taken or suffered in bad faith, in
willful disregard of this Agreement, or involving gross negligence.
Escrow Agent shall not have any duties or responsibilities, except
those set forth in this Agreement and shall not incur any liability
(i) in acting upon any signature, notice, demand, request, waiver,
consent, receipt or other paper or document believed by Escrow
Agent to be genuine and Escrow Agent may assume that any person
purporting to give it any notice on behalf of any party in
accordance with the provisions hereof has been duly authorized to
do so, or (ii) in otherwise acting or failing to act under this
Section, except in the case of Escrow Agent's gross negligence, or
willful misconduct. Seller and Purchaser shall jointly and
severally indemnify and hold Escrow Agent harmless from and against
all costs, claims and expenses, including reasonable attorneys'
fees, incurred in connection with the performance of Escrow Agent's
duties hereunder, except with respect to actions or omissions
taken, or suffered by, Escrow Agent in bad faith, in willful
disregard of this Agreement, or involving gross negligence on the
part of Escrow Agent.
11
17.5 Acknowledgment. Escrow Agent has acknowledged
agreement to these provisions by signing in the place indicated on
the signature page of this Agreement.
18. DEFAULT.
18.1 Purchaser Default. If Purchaser fails to perform
any of the covenants of, or its obligations under, this Agreement
and fails to cure same within fifteen (15) days after written
notice from Seller, Seller shall have the right to retain the
Deposit and Escrow Agent shall immediately release same to Seller
and, if any portion of the Deposit has already been released to
Seller pursuant to ~34, the party holding the Satisfaction of
Mortgage in escrow, pursuant to that Section, shall forthwith
deliver same to Seller. This 15 day notice and cure period shall
not, however, apply to failure to comply with time frames or time
periods provided for in Sections 1.3; 1.6; 3.2.2; 4; 5.1; 5.3; 5.4;
5.5; 8.1; 8.2; 12; 32; 33; 34.4 and 34.4.2. The payment of the
Deposit to Seller shall be deemed to constitute agreed upon and
liquidated damages, and shall constitute the sole and exclusive
remedy of Seller.
18.2 Seller Default. If Seller fails to perform any of
the covenants of this Agreement, Purchaser shall provide Seller
with written notice specifying such default. In the event Seller
fails to cure such default within fifteen (15) days of receipt of
written notice, Purchaser's sole and exclusive remedy shall be
either (i) the return of the Deposits, (ii) or an action for the
specific performance of this Agreement, without damages, or (iii)
an action for damages; but in no event shall Purchaser be entitled
to recover damages in excess of $100,000.00 and Purchaser hereby
knowingly, voluntarily and irrevocably waives and relinquishes the
right to recover damages in excess of that amount.
19. TIME OF THE ESSENCE. Time is of the essence with respect
to each provision of this Agreement which requires that action be
taken by either party within a stated time period, or upon a
specified date.
20. ASSIGNMENT. This Agreement may not be assigned by the
Purchaser, without the Seller's prior written consent, which may be
withheld in Seller's sole discretion. Provided, however, Purchaser
may assign to an entity in which Eli Bordugo has at least a fifty
percent (50%) ownership interest, so long as written notice of
assignment is given to Seller along with reasonable evidence of the
ownership composition of the assignee, the assignee in writing
assumes purchaser's obligations under this Agreement and Purchaser
acknowledges, in writing, that it remains liable hereunder,
notwithstanding such assignment.
21. PREPARATION OF DOCUMENTS. Seller I s attorney, shall
prepare the warranty deed, Seller's affidavit, closing statements
and all other closing documents.
22. ATTORNEYS I FEES AND COSTS. In connection with any
litigation, arising out of this Agreement, the prevailing party,
whether Purchaser or Seller, shall be entitled to recover all costs
12
incurred, including reasonable attorneys' fees for services
rendered in connection with such litigation, including post-
judgment, bankruptcy and appellate proceedings.
23. APPLICABLE LAW~ JURISDICTION AND VENUE. This Agreement
shall be governed and construed in accordance with the laws of the
State of Florida. If any provision, or any portion of this
Agreement, or the application to any person or circumstance shall,
to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such provision, or portion
thereof, to any other person or circumstance shall not be affected
thereby, and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law and equity. The
jurisdiction with or with respect to this Agreement shall be Palm
Beach County, Florida.
24. Intentionally Omitted.
25. CAPTIONS. The descriptive captions contained herein are
for convenience only and shall not control or affect the meaning or
construction of any provision hereof.
26. INTEGRATION. This Agreement constitutes the entire
agreement between the parties hereto in respect of the subject
matter hereof and supersedes any and all other written or oral
agreements, representations, documents, memoranda, and
understandings between the parties relating to such subject matter.
27. BINDING EFFECT. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida, and
shall be binding upon, and shall inure to the benefit of, the
parties hereto and their respective legal representatives,
successors and assigns.
28. LIKE-KIND EXCHANGE. Purchaser acknowledges that Seller
may desire to structure the transaction contemplated by this
agreement as a like-kind exchange. Purchaser agrees to cooperate
with Seller in this regard and execute any and all documents
required to structure the transaction as a like-kind exchange.
29. NO INTERPRETATION AGAINST DRAFTER. This Agreement is a
result of negotiations between the Purchaser and Seller and is not
to be construed more strongly against one party than the other.
30. liAS IS" PURCHASE. In the event Purchaser satisfies the
conditions enabling the Purchaser to proceed beyond the Due
Diligence Period as set forth in Section 6, the Purchaser shall be
deemed to have accepted the Property in its "as is" condition, and
shall be unconditionally obligated to close the transaction
contemplated by this Agreement; subject, however, to the
satisfaction of the condition set forth in Section 5.4 hereof and
Seller not otherwise being in default hereunder.
31. AGREEMENT NOT RECORDABLE. Neither this Agreement, nor
any notice of it, shall be recorded in the Public Records of Palm
Beach County, Florida.
13
32. TARA OAKS PUD AGREEMENT. Attached hereto as Exhibit "DlI
is a copy of an Agreement dated June 19, 1990 by and between
Stonehaven Homeowners' Association, Inc., Bill R. Winchester
("Winchesterll) and Michael A. Schroeder, Trustee, as hereinafter
referred to as the IIpUD Agreementll). Purchaser acknowledges that
there are certain obligations required of Winchester to be
performed in regard to the Property pursuant to Article III of the
PUD Agreement. Purchaser agrees that, following Closing, in the
course of Purchaser's development of the Property, Purchaser shall
perform such obligations of Winchester under Article III of the PUD
Agreement and acknowledges further that a Memorandum of that
Agreement sufficient to release Winchester and/or Schroeder from
any personal liability thereunder, in accordance with that
Agreement's terms, shall be recorded prior to or at Closing. Among
the obligations of Winchester under Article III, is the
construction of a section of a wall for the homeowners'
association. Winchester, who has a direct interest in Seller, is
in the process of constructing this wall section and will complete
construction prior to the closing of the transaction contemplated
by this Agreement. Purchaser shall reimburse Winchester for the
costs of same and a proportionate share of costs incurred for
survey, engineering and permitting with respect to same at Closing,
or upon this Agreement being terminated as a result of a Purchaser
default, provided, however, that Purchaser's obligation for same
shall not exceed Thirty-Eight Dollars ($38.00) per lineal foot of
the wall section in question or Twelve Thousand Nine Hundred Twenty
Dollars ($12,920.00) in the aggregate. Seller's remedy should
Purchaser default under this paragraph, shall not be limited by the
provisions of Section 18 of this Agreement. The provisions of this
paragraph shall survive the Closing.
33 . NO LIENS BY PURCHASER. Purchaser shall not cause or
permit any lien, arising out of the acts or omissions of Purchaser,
to be filed against the Property. Should any such lien be filed
and should Purchaser fail or refuse to cause same to be satisfied
of record or removed as a lien against the Property, within fifteen
(15) days after written notice thereof, Seller may satisfy or bond
off the lien in question and Purchaser shall, upon demand,
reimburse Seller for same together with interest at eighteen (18%)
percent per annum and for all reasonable attorneys' fees and costs
incurred by Seller in conjunction with same and Purchaser shall be
deemed a material default hereunder. The provisions of this
paragraph shall not be limited by or subject to the provisions of
Section 18 of this Agreement.
34. ADDITIONAL OBLIGATIONS OF THE PARTIES.
34.1 Gopher Tortoises. The parties acknowledge and agree
that within thirty (30) days following the Site Plan Approval,
Seller, in accordance with the requirements of applicable law and
having first obtained all necessary permits, licenses and approvals
(i) shall remove all gopher tortoises from the Property and the
Knuth Road right-of-way lying south of the Lake Worth Drainage
District L-25 Canal and north of Woolbright Road; and (ii) cause to
be removed all gopher tortoises located on that portion of the
Adjacent Property, upon which Seller is to construct the
II Improvements II as hereinafter defined. The completion of such
14
removal in accordance with applicable law shall be certified by the
environmental consultant performing the work.
34.2 Trees. Prior to or simultaneously with gopher
tortoise removal, Purchaser shall cause all trees on the Property,
which are prohibited from being removed from the Property by the
appropriate government authorities having jurisdiction thereof, to
be clearly marked.
34.3 Retention Area. It is the intention of the parties
that Purchaser's application for applicable government approvals
shall provide for a storm water retention area located as indicated
on Exhibit "E" to serve the Property, Knuth Road and the Adjacent
Property. As indicated on Exhibit "E", a portion of the Retention
Area is located on the Adjacent Property. It shall be incumbent
upon Seller to obtain the requisite consent from the owner of the
Adjacent Property.
34.4 Clearing: Fill Removal. Prior to Site Plan Approval,
Purchaser shall have acquired the requisite permits for the
Improvements, including but not limited to permits from Lake Worth
Drainage District and South Florida Water Management District, but
excluding excavation permits. Within ten (10) days following the
latter of Purchaser I s obtainment of said permits or Site Plan
Approval, Seller shall apply for an excavation and fill permit from
the City of Boynton Beach, if required and ten (10) days following
permit issuance and the removal of all gopher tortoises, shall
commence to clear the Property, together with that portion of
Adjacent Property on which is to be constructed the Retention Area
and the Knuth Road right-of-way. The clearing of the Property and
the Knuth Road right-of-way from Woolbright Road north to the Lake
Worth Drainage District L-25 Canal, the clearing of the appropriate
portion of the Adjacent Property, the digging and construction of
the Retention Area (exclusive of littoral plantings and drainage
structures, pipes and lines, all of which, including the pipes,
lines and structures necessary to connect the Retention Area to the
LWDD L-26 Canal shall be installed by Purchaser, at Purchaser's
sole cost and expense) and the lowering of the Property and right-
of-way elevations, as herein described, and removal of excess fill
as hereinafter provided (collectively the "Improvements") shall be
performed by Seller in accordance with the Plans and Specifications
therefore, all requirements for same imposed by governmental
authorities having jurisdiction thereof and in accordance with the
terms hereof. Any bonds required to be posted in conjunction with
the clearing operation shall be posted and paid for by Purchaser,
whereas bonds required to be posted in conjunction with the
construction of the remainder of the Improvements shall be posted
and paid for by Seller. The Plans and Specifications for the
Retention Area and the drainage system for the Property have been
prepared by Shah Drotos & Associates. Seller shall complete the
Improvements pursuant to an agreement between Seller and the
Seller's contractor and the contract shall specify the cost of the
Improvements allocated to the Property and the cost of the
Improvements allocated to the Adj acent Property. For purposes
hereof, the Improvements shall consist of "Phase 1 Improvements"
which shall be comprised of the clearing of the Property, the
requisite portion of the Adjacent Property and the right-of-way.
15
The "Phase 2 Improvements" which shall be comprised of the lowering
of the Property and Knuth Road elevation to an elevation equal to
approximately two (21) feet below present elevation and Phase 3
Improvements which shall be comprised of the construction of the
retention pond. Seller shall be entitled to all fill generated by
the performance of the Improvements and shall cause such fill to be
removed and disposed of as Seller desires.
34.4.1 The Phase 1 Improvements shall be
completed no later than thirty (30) days after the issuance of all
permits for same and the removal of all gopher tortoises. The
Phase 2 Improvements shall be completed no later than forty-five
(45) days after the completion of the Phase 1 Improvements and the
Phase 3 Improvements shall be completed no later than sixty (60)
days after the completion of the Phase 2 Improvements.
34.4.2 Not later than three (3) days following
completion of Phase 1 Improvements, Purchaser shall have its
surveyor stake the Property and Knuth Road to indicate the
elevation to which they are to be reduced, approximately two (21)
feet below present elevation, and shall stake the retention pond on
the Property and the Adjacent Property and road right-of-way to
indicate the appropriate elevation and depth levels in accordance
with the approved Plans and Specifications and government
requirements.
34.4.3 Purchaser and Seller acknowledge and agree
that the financial responsibility for the maintenance of and real
property taxes and insurance with respect to the Retention Area
shall be the obligation of the owner of the Property. Specific
obligations in regard to the Retention Area shall be as set forth
in an agreement substantially in the form attached hereto as
Exhibit "F".
34.5 Access. During the course of its construction of
the Improvements, Seller shall have the right to access the
Property for its construction vehicles via Congress Boulevard,
provided that such access is not prohibited by government
authority.
34.6 Force Majeur. Should Seller be delayed, hindered
and/or prevented of its performance of its work with respect to the
Improvements by reason of strikes, lockouts, inability to procure
materials, failure of power, government rules, regulations, flood,
hurricane or any other matter beyond Seller's control, then the
time for performance of such work shall be extended for the period
of delay.
34.7 Water & Sewer Lines. Purchaser, at Purchaser's sole
cost and expense, shall extend water and sewer service to the
Adjacent Property through appropriate, unencumbered easements so as
to permit the Adjacent Property to be served by City water and
sewer.
34.8 Seller I s Obligations Under ~34.1 and ~34. 4.
Seller's obligations under ~34.1 and ~34.4 are conditioned upon
Purchaser not being in default under this Agreement, upon Purchaser
16
having obtained all permits for the Improvemen~~ other than those
required for gopher tortoise removal and any required excavation
permits, upon both the First and Second Deposit having been made by
Purchaser, pursuant hereto, and being released to Seller to pay for
or to reimburse Seller for costs incurred in conjunction with
gopher tortoise removal and the Improvements. Purchaser hereby
irrevocably directs and authorizes Escrow Agent immediately to
disburse the First and Second Deposits to Seller at any time
following Site Plan Approval upon Seller's written request provided
Seller shall cause to be executed and delivered, a mortgage and
promissory note in favor of Purchaser in the form attached hereto
as Exhibit "G", which mortgage shall be recorded among the public
records of Palm Beach County, Florida, as a first mortgage lien
against the Property. In no event shall Escrow Agent record a copy
or memorandum of the Promissory Note among the Public Records.
Simultaneously herewith, a Satisfaction of Mortgage, in the form
attached as part of Composite Exhibit "G", has been duly executed
by Purchaser and escrowed with Escrow Agent. Upon recordation of
the Mortgage, Escrow Agent is directed to fill in the recording
information with respect to same on the face of the Satisfaction.
Escrow Agent shall immediately return the original Promissory Note
and Satisfaction to Seller should the transaction contemplated
hereby close, or should the Purchaser default under the terms of
this Agreement and fail to cure within any applicable grace
periods. Should this transaction not close, as a result of
Seller's default, then the Satisfaction and Promissory Note shall
be returned to Purchaser. The recordation of the Mortgage and the
cost of documentary stamps and intangible taxes with respect to
same, shall initially be borne by Seller. If the transaction
contemplated hereby closes, then such costs shall be allocated
equally between Seller and Purchaser.
Should Seller utilize all or any portion of the deposits paid
hereunder by Purchaser for the purposes referred to in the
foregoing paragraph, Purchaser's credit against the purchase price
with respect to the Deposit shall be reduced by an amount equal to
the costs incurred and expended by Seller in conjunction with (i)
the performance of its obligations under ~34.1, other than the
actual costs incurred for removal and relocation of gopher
tortoises from the Adjacent Property; (ii) clearing the Property
and the Knuth Road right-of-way; (iii) excavating the Knuth Road
right-of-way; and excavating that portion of the retention area
located upon the Property and the portion of the retention area
located on the Adjacent Property which provides retention for Knuth
Road.
34.9 Additional Consideration for Seller to Keep Property Off
the Market. Commencing on the date that is thirty (30) days
following Site Plan Approval, Purchaser shall pay to Seller the sum
of $7,500.00 per month, through the date that the transaction
contemplated hereby actually closes or the Contract is terminated
in accordance with its terms, whichever shall first occur. The
payments shall commence on the thirtieth (30th) day following Site
Plan Approval and shall continue every thirty (30) days thereafter,
until the obligation for such payments terminates in accordance
with the provisions of this paragraph. Any provision of this
Contract to the contrary notwithstanding, in the event of a default
by the Purchaser, Seller shall be entitled to recover from
Purchaser, payments due pursuant to this paragraph, in addition to
the deposits retained by Seller as liquidated damages pursuant to
~18.
17
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed in their respective names, on the dates set forth
below.
Signed, sealed and delivered
in the presence of:
PURCHASER:
~~
E. B. DEVELOPERS, INC.,
a F~da corporation
~;--- )
BY: ..
ITS 6:1. ,ce: ..B~~ 0 u-c~
Print, Type or Stamps Name of
Person Signing
.1(,,/1 I-l <f-< r(..lv
Print Name 0 W~tness
Date of execution: 17. - 2'-1 - q 1
SELLER:
TARA OAKS
BI L R. WINCHESTER
President
Print Name of Witness
Print Name of Witness
Date of execution:/.i:..--..J-(-97
.
18
JOINDER
The undersigned hereby Jo~ns in the Agreement solely for the
purpose of acknowledging its obligations as Escrow Agent hereunder
and receipt of the duly executed and acknowledged Satisfaction of
Mortgage contemplated by paragraph 34.8 and the Ten Thousand Dollar
($10,OOO.OO) Initial Deposit.
KODSI & EISENSTEIN, P.A.
By:
~'
Isaac Kodsi, Esq.
Date of Execution: )z.-z'l...Q1
(J:\7\CLIENTS\WINCHEST\EBDEVELO\AGREEMEB.PUR 0010-055 12/15/97 SJ)
19
. .
1SAIt.l.8%'! "A"
LaOAL DaCUPft01f
A para.l of land lMIin9 portlona of Tracts 71, 72, 89,90,
~03, 104, 121 and 122, of PAUl BDCII PA1UI8 COHPAHY PLAT NO.8,
reeoJ:'4t14 in Plat: Book 5, page 73, of the Public Reeorde of Pal.
Beach counq,. Flol:1da. lying in sect:iOft 30, 'l'oWn.hlp 45 SOUth,
RaDge 43 BaR, 1'a11I Beaall Co\1nty, Florida, and ba1nq lIore
~W1uly d.8GI:'ibecl .a follows
('~ln9 at: .the South Qau:tU' (I 1/4) con. of .aid Section
30, J:UIl ~..,. Korth 01910'2'- .a8t: along the !forth-South Quarter
(D 1/4) aatlOll 11ft- :co.o fHt., th-.c:e BaR "0.0 teet: to the
point of beg1Dn1Dg of the h.ra1a 4HarilNd parcell thence
conUmte ~ 351~a4 f..t, ~aftC8 XOJ:t:ll 01-0.'2.- Bast: 2513.6"'
~.G, t:o . po~ Oft tile South ri.CJbi:-o~-vay 1111. of Lake Worth
DJ:a1Dage D~lct: caDa1 L-25 .. _ t. recorde4 1n offlcla1
R4K:OZdII BooJt 20.:', pag_ 1418. PUbl1a ~ of: Pal. 8eaall
~, nOJ:lu, 1:I1ace South ..-"..'00. W..t:, alOI1lCJ saJ.cl rlCJht:-
o:f.....-y liD. 347 .30 ~..t: 1:0 1:I1e .ut::erlJ' rlC)lrt:-of-v.y line ot a
roa4 ript:-o:f-vay .a recorded 1D Offield RecOrdII Book 2075, pSCJe
572, Publio Reoor48 o~ Pa1II _ell coanty, P1OJ:lda, thence South
01-10'2.- Weat:, a1cmv jwn: .a14 rl_-of~ 11M 2512.&1 feet: to
i:he I'Olntl o~ 8a9imd.nCJ, 1_ tzae sOUth 5.7 f_t; and 1... the "..1:
25' t..-: lIenof.
-- - ----------------
---
I
EXHIBIT "B"
LEGAL DESCRIPTION
ADJACENT PROPERTY
--'!'b.. Soai:h-S67-h.t vf-thrtollow1"9 deacrlbed property:
A parcel of land be1ng portion. 0' Tract. 71, 72, 89,90,
103, 104, 121 and 122, of PAUl BEACH ,.ARMS COMPANY PLA'l' NO.8,
recorded in Plat Book 5, page 73, of the PUblic Record. of Palm
Seach County, Florida, lying in Section 30, 'l'ownship 45 South,
.ange 43 Zaat, Pal. Beach County, Florida, and beinq aore
particulazoly d~~~rJ.bed a. follow. t
. .... .~:;t~..:~~.....
Co_en~1n9 ',t!~:~e.~.!~th Q\1.arter,::CI 1/4) comer of aa1d Section
30, 'run.:tileftctO'~r.ti,'01.10'2'.. zaat alo"9 the Jlortb-South Quarter
(liS 1/4): -....~!i?~:ln..40.0 t.et, thence Za.t 40.0 teet to the
point ot beqlririlnq of the herein de.cribed parcel; thence
continue Za.t 351.'4 feet, thence Horth 01.04'28- Ea.t 2513.64
feet, to a point on the South riqht-of-way line !It Lake Worth
Dralnaqe Di.trict Canal L-25 a. ea.e i. recorded" in Official
Records Sook ~J. p.CJ..--l-4}.&r-~bllc Records of Palm Beach
County, Florim thence South 89.49'00" We.t, alonq said right-
of-way lIne 347.30 feet to the Easterly rlqht-of-way line of a
road riqht-ot-way a. recorded In Ofticial Record. BooJc 2075, paqe
572, Public .ecord. ot Pal. Seach County, Florida; thence Sn~th
01.10'2'- We.t, alonq just .aid riCIht-ot-way line 2512.61 feet to
the Point ot S.q1nn1nq, 1e.s the West 25' feet thereot.
(winche.t\church.leg)
;-
.;=.
\ -
~.-
APPLICATION ACCETABLE DAIE:
RECEIVED BY STAFF MEMBE
FEE PAID:
RECEIPT NUMBER:
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
LAND USE AMENDMENT AND/OR REZONING APPLICATION
This application must be filled out completely and accurately and submitted, together with the
materials listed in Section II below, in two (2) copies to the Planning Department. Incomplete
applications will not be processed.
PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION.
I. GENERAL INFORMATION
1.
Project Name:
The Hamptons at Boynton Beach
2. Type of Application (check one)
xx a. Rezoning only MASTER PLAN
b. Land Use Amendment Only
c. Land Use Amendment and Rezoning
3. Date this application is accepted (to be filled out by Planning Department):
4. Applicant's Name (person or Business entity in whose name this application is made):
E.B. Developers, Inc.
Address:
7035 Bera Casa Way
Boca Raton. FL 33433
(Zip Code)
Phone:
561-395-6868
FAJ<:561-395-7577
5. Agent's Name (person, if any, representing applicant):
Kieran J. Kilday/Kilday & Associates,Inc.
1551 Forum Place Suite 100
West Palm Beach;FL 33401
Address:
Phone:
561-689-5522
(Zip Code)
FAJ<: 561-689-2592
Page 1
6, Property Owner'<::.(or Trustee's) Name:
Tara Oaks Development Company; Corporation OL the Presiding Bishop
of the Church ot Jesus Chrlst of Latter-Day Saints, a Utah Corporation
Address: c/o Schroeder and Larche, P.A. One Boca Place,Suite 319 Atrium
2255 Glades Road Boca Raton,FL 33431- 7313
561-241-0300 FAX: 561-241-b~W8 Code)
Phone:
7. Correspondence Address (if different than applicant or agent):
*This is the only address to which all agendas, letters, and other materials will be
mailed.
8. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder,
Developer, Contract Purchaser, etc.)
Contract Purchaser
9, Street Address or Location of Subject Parcel: Northeast corner of Woolbright
Road and Knuth Road extended.
10.
Legal Description of Subject Parcel:
See attached Exhibit "A"
11.
Area of Subject Parcel (to the nearest hundredth (1/100) of an acre:
18.717 acres
12. Current Zoning District: PUD (LUI: 5)
13. Proposed Zoning District: PUD (LUI: 5)
14. Current Land Use Category: Medium Density Residential
15. Proposed Land Use Category: Medium Density Residential
16. Intended Use of Subject Parcel: 192 multi-family units, private recreation
and a 20,000 square foot church.
Page 2
~
EXHIBIT "N'
LAND, DESCRlP1ION:
A PARCEL Of LAND BEING PORTIONS Of TRACTS 71, 72. 89. 90, 103. 10... 121
AND 122. OF PALM BEACH FARMS CaMP ANY Pl.A T NO.8, RECORDED IN PLAT
BOOK 5, PAGE 73. OF THE PUBUC RECORDS OF PAUl BEACH COUNTY.
FLORIDA, LYING IN SECllON JO. TOWNSHIP 45 SOUlH,RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARllCULARL Y DESCRIBED AS
FOLlOWS:
CONNENQNG AT 'THE soum QUARTER (S 1/4) CORNER OF SAID SECTION 30.
RUN THENCE NORlH 01'O'2S" EAST, ALONG THE NORTH-SOUTH QUARTER
(NS 1/4) SECTION UHE 40.0 FEET; lHENCE EAST 40.0 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL: T11ENCE CONllNUE EAST .
351.64 FEET; ntENCE NORTH 01'0..'28- EAST 2!13.a.. FEET, TO A POINT ON THE
SOUTH RIGHT-Of-WAY UNE or LAKE YItlRlH DRAINAGE DISTRICT CANAL. 1.-25
AS SAME IS RECORDED IN Of'flQAL RECORDS BOOK 2083, PAGE 1418, PUBUC
"RECORDS OF PALN BEACH COUNTY, flORIDA; tHENCE SOUni 89'49'00"
~ST, AlONG SAID RIGHT-Of-WAY UHE 347.30 FEET TO THE EASTERLY
RIGHT-Of-WAY UNE OF A ROAD RIGHT-OF-WAY AS RECORDED IN OFFlCIAL
RECORDS BOOK 2075, PAGE 572, PUBUC RECORDS ~ PALM BEACH COUNTY,
FLORIDA; THENCE SOUlH 01'0'2&" WEST, ALONG .JUST,'SAtD RlGHT-OF-'WAY
UHE 2512.61 FEET TO THE POINT OF BEGINNING, LESS THE ~ST 2~ FEET THEREOf.
" SAID LANDS l VlNG AND BEING IN THE QTY OF' BOYNTON BEACH, PALN BEACH COUNTY,
FLORIDA. CONTAINING A COMPUTED NET AREA OF' 81S.309 SQUARE fEET (18.717 ACRES)
MORE OR LESS. ' -
.,
-~----~---
17. Developer or Bu .r: E. B. Developers, Inc.
18. Architect: Humphreys & Partners Architects
19.
Landscape Architect:
Kilday & Associates, Inc.
20.
K1lday & Associates, Inc.
Site Planner: .
21.
Civil Engineer: Shah Drotos & Associates, Inc.
Traffic Engineer: Yvonne Ziel Traffic Consultants
Surveyor: Shah Drotos & Associates, Iuc.
22.
23.
II. MATERIALS TO BE SUBMITTED WITH APPLICATION
The following materials shall be submitted in two (2) copies, unless otherwise indicated:
(please check)
~a. This application form.
~b. A copy of the last recorded warranty deed.
~c. The following documents and letters of consent:
-L(1) If the property is under joint or several ownership: a written consent to the application
by all owners of record,
~(2) If the applicant is a contract purchaser: a copy of the purchase contract and written
consent of the owner and seller, and
~(3) If the applicant is represented by an authorized agent: a copy of the agency
agreement, or written consent of the applicant, and
_(4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of
the owner, and
~(5) If the applicant is a corporation or other business entity: the name of the officer or
person responsible for the application, and written proof that said person has the
delegated authority to represent the corporation or other business entity, or in lieu
thereof, written proof that he is in fact an officer of the corporation.
JLd. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida,
dated not more than six (6) months prior to the date of submission of the application, at a scale
prescribed by the Planning Department, and containing the following information:
~(1) An accurate legal description of the subject parcel.
~(2) A computation of the total acreage of the subject parcel to the nearest hundredth
(1/100) of an acre.
Page 3
_(3) A tree survey, wbi~h conforms to the requirements of thFL-Sity of Boynton Beach Tree
Preservation 01 .ance. (Also refer to Page 6, Sec. .1. (12) of this application if
property is occupied by native vegetation.) This requirement may be waived by the
Planning Director where found to be unrelated to the land use or zoning issues
involved with the application.
~e. A complete certified list of all property owners, mailing addresses, and legal descriptions for all
properties within at least four hundred (400) feet of the subject parcel as recorded in the latest
official tax rolls in the county courthouse shall be furnished by the applicant. Postage, and
mailing labels or addressed envelopes must also be provided. Said list shall be accompanied
by an affidavit stating that to the best of the applicant's knowledge said list is complete and
accurate. Notification of surrounding property owners will be done by the City of Boynton
Beach.
~f. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties
referred to in paragraph e. above, and their relation to the subject parcel.
]Lg. A statement by the applicant justifying the zoning requested, including reasons why the
property is unsuitable for development under the existing zoning and more suitable for
development under the proposed zoning.
~h. A comparison of the impacts that would be created by development under the proposed
zoning, with the impacts that would be created by development under the proposed zoning,
with the impacts that would be created by development under the existing zoning, which will
include:
]L(1) A comparison of the potential square footage of number and type of dwelling units
under the existing zoning with that which would be allowed under the proposed zoning
or development.
~(2) A statement of the uses that would be allowed in the proposed zoning or development,
and any particular uses that would be excluded.
~(3) Proposed timing and phasing of the development.
nk(4) For proposed zoning of property to commercial or industrial districts, where the area of
the subject parcel exceeds one (1) acre, projections for the number of employees.
(5) A comparison of traffic which would be generated under the proposed zoning or
development, with the traffic that would be generated under the current zoning; also,
an analysis of traffic movements at the intersections of driveways that would serve the
property and surrounding roadways, and improvements that would be necessary to
accommodate such traffic movements. For projects that generate move than five
hundred (500) net trips per day, a traffic impact analysis must be submitted which
complies with the Municipal Implementation Ordinance of the Palm Beach County
Traffic Performance Standards Ordinance.
(a) For projects that generate two thousand (2,000) or more net trips per day, the
traffic impact analysis must be submitted to the City at least 30 days prior to the
deadline for land use amendment and/or rezoning, in order to allow for timely
processirg of the application and review by the City's traffic comultant and
Palm Beach County. The applicant shall be billed for the cost of review by the
City's traffic consultant.
Page 4
(b) For pro, .:s that generate between five hum.. j (500) and two thousand
(2,000) net trips per day, the traffic impact analysis must be submitted at the
application deadline for land use amendment and/or rezoning, in order to allow
for timely processing of the application and review by Palm Beach County.
However, if it is the desire of the applicant to utilize the City's traffic consultant
for review of the traffic impact analysis prior to review by Palm Beach County,
then the procedure and requirements outlined under item "a" above shall be
followed.
NOTE: Failure to submit traffic impact analysis in the manner prescribed above may delay
approval of the application.
~(6) For parcels larger than one (1) acre, a comparison of the water demand for
development under the proposed zoning or development with water demand under the
existing zoning. Water demand shall be estimated using the standards adopted by the
Palm Beach County Health Department for estimating such demand, unless different
standards are justified by a registered engineer. Commitment to the provision of
improvements to the water system shall also be included, where existing facilities
would be inadequate to serve development under the proposed zoning.
.!.-(7) For parcels larger than one (1) acre, a comparison of sewage flows that would be
generated under the proposed zoning or development with that which would be
generated under the existing zoning. Sewage flows shall be estimated using the
standards adopted by the Palm Beach County Health Department for estimating such
flows, unless different standards are justified by a registered engineer. Commitment to
the provision of improvements to the sewage collection system shall also be included,
where the existing facilities would be inadequate to serve development under the
proposed zoning.
.!.-(8} For proposed residential developments larger than one (1) acre, a comparison of the
projected population under the proposed zoning or development with the projected
population under the existing zoning. Population projections according to age groups
for the proposed development shall be required where more than fifty (50) dwellings, or
50 sleeping rooms in the case of group housing, would be allowed under the proposed
zoning.
_(9) At the request of the Planning Department, Planning and Development Board, or City
Commission, the applicant shall also submit proposals for minimizing land use conflicts
with surrounding properties. The applicant shall provide a summary of the nuisances
and hazards associated with development under the proposed zoning, as well as
proposals for mitigation of such nuisances and hazards. Such summary shall also
include, where applicable, exclusion of particular uses, limitations on hours of
operation, proposed location of loading areas, dumpsters, and mechanical equipment,
location of driveways and service entrance, and specifications for site lighting.
Nuisances and hazards shall be abated or mitigated so as to conform to the
performance standards contained in the City's zoning regulations and the standards
contained in the City's noise control ordinance. Also, statements concerning the
height, orientation, and bulk of structures, setbacks from property lines, and measures
for screening and buffering the proposed development shall be provided. At the
request of the Planning and Development Board or City Commission, the applicant
shall also state the type of construction and architectural styles that will be employed in
the proposed development.
Page 5
..x......(10)At the request ~ .he Planning Department, Planning aI., Oevelopment Board, or City
Commission, the applicant shall also submit the following information:
~(a) Official soil conservation service classification by soil associations and all areas
subject to inundation and high ground water levels.
~(b) Existing and proposed grade elevations.
~(c) Existing or proposed water bodies.
~(d) Form of ownership and form of organization to maintain common spaces and
recreation facilities.
_(e) A written commitment to the provision of all necessary facilities for storm
drainage, water supply, sewage collection and treatment, solid waste disposal,
hazardous waste disposal, fire protection, easements or rights-of-way,
roadways, recreation and park areas, school sites, and other public
improvements or dedications as may be required.
_(11)For rezonings to planned zoning districts, the specific requirements for submission of
applications for rezoning to such districts shall also be satisfied. Furthermore, all
materials required for a subdivision master plan shall also be submitted.
_(12)Where conformance with the county's Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of Environmentally Sensitive Lands
(Environmental Impact Study) must be submitted to the Palm Beach County
Department of Environmental Resources Management (copy to City) prior to or
concurrent with the submittal of the Land Use Amendment and/or Rezoning Application
to the City.
Page 6
Kilday & Associates
Landscape Architects / Planners
1551 Forum Place
Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 . Fax (561) 689-2592
JUSTIFICATION STATEMENT
AND
IMPACT COMPARISON
FOR
THE HAMPTONS AT BOYNTON BEACH
BACKGROUND:
As indicated in the Planning and Zoning Board Land Use Amendment And/Or Rezoning
Application included with this submittal, the subject property is owned by Tara Oaks
Development Company and the Corporation of the Presiding Bishop of the Church of
Jesus Christ of Latter-Day Saints. The subject property has a land use designation of
"Medium Density Residential", allowing a maximum 9.68 dwelling units per acre, and is
currently zoned Planned Unit Development (LUI:5). This parcel was previously known as
Tara Oaks PUD which included 192 dwelling units and a 20,000 square foot church. The
18.717 acre parcel is located within Section 30, Township 45 South, Range 43 East in the
incorporated boundaries of the City of Boynton Beach, Florida. Specifically, this
development is located at the northeast corner of Woolbright Road and Knuth Road
extended.
On December 19, 1995, the City Commission approved a Master Plan modification to the
Tara Oaks PUD to revise direct access points, alter the location and type of private
recreation, change unit type, from apartments to townhouses, establish perimeter buffer
easements and certain setbacks, enlarge size of residential Pod 1 and church parcel, and
reduce open space and retention area of Pod 2. Density was not changed with this
approval.
On February 20, 1996, the City Commission approved the site plan for Tara Oaks (file
NO.NWSP 95-011) subject to staff comments. The site plan proposal included construction
of 192 townhouse units in 22 residential buildings totaling 630,312 square feet of gross
floor area and private recreational amenities, on 14.5 acres. The recreational facilities
included a meeting room, swimming pool, sand volleyball court and jogging trail with arbor.
This project provided an unmanned security gate. Both approvals have since expired.
The Hamptons at Boynton Beach
Justification Statement
Page 1
REQUEST:
The applicant, E.B. Developers, Inc. is requesting new Master Plan and Site Plan approval
for the proposed Hamptons at Boynton Beach PUD. With regard to the Master Plan
request, the applicants are requesting to modify the previous approval to allow 192 multi-
family rental apartments, to extend/expand the proposed detentionlretention area into the
Church parcel (Pod 2) and to allow an identification sign for the residential component on
Pod 2.
The applicant, E.B. Developers, Inc. is simultaneously requesting Site Plan approval for
the north 14.47 acres to allow 192 luxury rental garden apartments. As indicated on the
site plan submitted with this application, the applicant is proposing to construct twenty-one
(21) detached residential buildings. The Hamptons will consist of two building types: of
Type I, the applicant is proposing 15 buildings each consisting of 10 dwelling units. Of the
Type II, the applicant is proposing 6 buildings each consisting of 7 dwelling units. With
regard to parking, there will be a total of 228 private garage spaces. With regard to
recreational facilities, the applicant proposes to construct a 3,200 square foot private
clubhouse building that will house leasing offices, a postal facility, a clubroom and library.
Architectural floor plans of the clubhouse are included with this submittal. The applicant is
also proposing to include a free-standing 1,700 square foot indoor fitness center building.
This building will include a weight room, billiard room and locker room. Situated adjacent
to the two buildings will be a proposed swimming pool, and a game court area and tot lot.
Passive recreation areas will be provided in the way of small park-type settings (including
gazebos) throughout the site.
A comparison of the previous approval with the current submittal is attached.
With regard to timing and phasing of the development, the applicant proposes to begin final
platting immediately upon master and site plan approval. The applicant proposes to
commence development within one year of obtaining all City approvals.
With regard to utilities, all utilities including water, sewer, electricity, telephone, gas, cable
are available to the site.
The Hamptons at Boynton Beach
Justification Statement
Page 2
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Projected Population Calculations
1997 Census of Boynton Beach
Total Population :52,311
Age
Population
% of Population
0-20
21 - 54
55 +
10,985
20,402
20,924
21
39
40
192 d.u.'s x 2.5 persons per household
480 Persons
Aae
0-20 .21 x 480 - 101 Persons
21 - 54 .39 x 480 - 187 Persons
55 + .40 x 480 - 192 Persons
TOTAL 480 Persons
Above based on % of population age brackets, as determined
by 1990 Census counts.
Section 7. Uses permitted. PRESENT SUBMITTAL
- Ina PUD District, buildings or structures, or land, or water shall be used only for the
following purposes:
A. Single-family dwellings;
B. Two-family dwellings or duplexes;
17
C. Multiple-family dwellings, townhouses, garden apartments and cluster housing;
D. Private, nonprofit clubs, community centers, civic and social organization facilities;
E. Private parks, tennis courts, playgrounds, putting greens, gold courses, driving ranges
and other recreation facilities;
F. Public utility buildings, structures, and facilities necessary to service the surrounding
neighborhood;
G. Houses of worship, schools, nursing homes, nursery schools, kindergartens and
hospitals;
H. "Neighborhood" commercial uses which are determined at the time of zoning to
POO, to be compatible with the existing and future development of adjacent and
nearby lands outside the POO;
I. Other uses of a nature similar to those listed, after determination and
recommendation by the planning and development board, a determination by the
governing body at the time of zoning that the use or uses are appropriate to the PUD
development.
J. Permitted uses for a PUD District shall be specified in the application for zoning of
land to POO classification.
K. Prohibited use. Any structure more than forty-five (45) feet in height and more than
four (4) stories.
L. 'Home occupations consistent with Chapter 2, Section 11.0. are pennitted without the
necessity of being specified at the time of zoning to PUD.
Section 8. LOcatioDalstaDcIards for POO's.
In reachiDa recommendations and decisions as to zoning land to PUD classification and the
LUI rating of such classification, the planning and development board and the governing body
shall apply the following locational standards, in addition to the standards applicable to the
rezoning of land generally:
PREVIOUS APPROVAL
Permitted Uses
In a POD District, buildings or structures, or la~d. 0= ~a:e=
shall be used only for the follo~ing pu=poses:
A. Single-family dwellings;
B. Two-family dwellings or duplexes;
c. Multiple-family dwellings, townhouses, garden apar~me~:s
and cluster housing;
D. Private, nonprofit clubs, community ce;.:ers, civic a;.=
social organization faci~ities;
E. Private parks, tennis courts, playgrou;.~s, ?~:::;.g
greens, gold courses, dri.,ing ranges a;.~ o:~e= re:=ea::=~
facilities;
F. Public utility buildings, structures, and facilities
necessary to service the surrounding neighborhood;
G. Houses of worship, schools, nursing homes, nurse~
schools, kindergartens and hospitals:
H. "Neighborhood" cOrraTlercial uses which a::-e de:e~ine= a:
the time of zoning to ?~~, to be cc~.a:~=:e ~i:~ :~e
existing and future de~re:cpment of a~ja=e~: a~~ ~ea=~~.
lands outside the PUD;
I. Other uses of a nature similar to those listed, after
determination and recommendation by the pla~~ing and
development board, a determination by the gove!"':1ing bo::.;.-
at the time of zoning that the use or uses are
appropriate to the PUD development.
J. Permitted uses for a PUD District shall be specified in
the application for zoning of land :0 p~~ class::ica:ic~.
K.
Prohibited use. Any structure more ,:han for";y-~:-'\'e
feet in height and more than four (~) s:cries.
, A c:. '
,... -
L. Home occupations consistent with Chapter 2, Section ll.~.
are permitted without the necessity of being spec:fiec a:
the time of zoning to PUD.
"
III.
P.8/10
I
I
APPLICATION Fe"-q. ~
Fees shIll be paid at the time that the application is submitted, according to theJees which
have been adopted by ordinance or r'88olution. The Planning Department will inform the
applicant as to the f.., which are required, All fees shall be paid by check. payabl to the City
of Boynton Beach. ~
I ~.u. ""t.. -:7JO
.... J.J.r"TI
~J.LUHI ~ H~~VL!HI~~
NO. 488
IV. CEBTIFICATIQN
I
(I) ~e) understand that this applicatiOn and all plans and papers submitted her;h become
a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that
the above stat8l11ents and .ny statement. or showinga In any papers or pia submitted
herewith are true to the belt of (my) (our) knowledge and belief. This applicationlwlll not be
accepted unless ligned according to the Instruction. below.
CORPORATION OF THE PRESIDING
BISHOP OF THE CHURCH OF JESUS
CHRIST OF TER-DAY SAINTS,
a Utah 0 ation
B :
Signa of OWner(s) or TNltee,
or A~thorized PrIncipal if property
Is owned by a corpardon or other
bUliness entity.
..
..L!jcu- c[ J t~.
Date '
V. AUTHORI~I\QtJ..gf AGENT
~~::A~~J __-7 /<-{a:Y~
Signature of Authorized Ag.nt lCierc J. UlcSay
Illday , Aseociate..
.,\
.
'1
--:;>...c~
J;J-
.. bate /'
Inc.
(I) (We) hereby deslgnllte the above signed p.raon as (my) (our) authorized agent rith regard
to this application.
I
CORPORATION OF THE PRESIDING j
BISHOP OF THE CHURCH OF JESUS
CHRISSiiTF TER-DAY SAINTS,
a Uta9. cation
B~.. i"~" ~ -".1-fJ- ~ 1(, (q~
_Signature of Owner(l) or Trustee, or Date I
Authortzed PrinCipal If property ..
Is owned by a corporation or other
business entity.
Page 7
\
j
i
l -
;
!
.' I
III. APPLICATION FEES
Fees shall be paid at the time that the application is submitted, according to the fees which
have been adopted by ordinance or resolution. The Planning Department will inform the
applicant as to the fees which are required. All fees shall be paid by check, payable to the City
of Boynton Beach.
IV. CERTIFICATION
(I) 0Ne) understand that this application and all plans and papers submitted herewith become
a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that
the above statements and any statements or showings in any papers or plans submitted
herewith are true to the best of (my) (our) knowledge and belief. This application will not be
accepted unless signed according to the instructions below.
L--f- '79
Date
Signature of 0 ner(s) or Trustee,
or Authorized Principal if property
is owned by a cOipora~iGn or ot:,er
business entity.
Tara Oaks Development Company
V. AUTHORIZATION OF AGENT
~ c7~~;;;
Signature of Authorized Agent Kieran J. Kilday
Kilday & Associates, Inc.
.3 ..~- yc!
Date '
(I) (We) hereby designate the above signed person as (my) (our) authorized agent with regard
to this application.
z --.?-r::;?
. S'el-U'''A.J Date
Tara Oaks Development Company
_Signatu 0 wner(s) or Trustee, or
Autr.Oi iz:ed Prir.cipa: if property
is owned by a corporation or other
business entity.
Page 7
City of Boynton Beach, Florida
Planning & Zoning Board
LAND USE AMENDMENT AND/OR REZONING APPLICATION
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review and Processing Schedule:
Date Accepted by Planning Department
Date Transmitted to City Clerk
Date Notifications Mailed to Surrounding Property Owners
Dates of Advertisement in Newspaper (rezoning and/or land use amendment)
Dates of Advertisement in Newspaper (annexation)
Date of Transmission of Departmental Review Forms to Department Heads
Date of Review by Technical Review Committee
Date of Pre-Hearing Conference
Date of Public Hearing Before Planning & Development Board
Date of Public Hearing Before City Commission
Date of Transmission of Proposed Comprehensive Plan Amendment to Florida
Department of Community Affairs, pursuant to Florida Statutes, F.S. 163.3184 (1) (a)
Date of Transmission of Proposed Comprehensive Plan Amendment to Other
Governmental Agencies Requesting Notification, Pursuant to Florida Statutes, F.S.
163.3184 (1) (b)
Date of Receipt of Notice from Florida Department of Community Affairs Regarding
Comprehensive Plan Amendment, pursuant to Florida Statutes, F.S. 163.3184 (4)
Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida
Statutes, F.S. 163.3184 (5) (b)
Page 8
City of Boynton Beach, Florida
Planning & Zoning Board
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Date of Hearing Before City Commission on Revised Comprehensive Plan Amendment,
Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
Date of Transmission of Revised Comprehensive Plan Element to Florida Department of
Community Affairs, Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
Date of Receipt of Notice from Florida Department of Community Affairs Regarding
Revised Comprehensive Plan Amendment
Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida
Statutes, F.S. 163.3184 (7)
Date of First Reading of Ordinance to Annex
Date of First Reading of Ordinance to Rezone and Amend Future Land Use Map
Date of Second Reading of Ordinance to Annex
Date of Second Reading of Ordinance to Rezone and Amend Future Land Use Map
Date of Expiration of Zoning
Date of Expiration of Time Extension for Zoning
Page 9
City of Boynton Beach, Florida
Planning & Zoning Board
LAND USE AMENDMENT AND/OR REZONING APPLICATION
NOTICE TO APPLICANTS FOR SITE PLAN,
CONDITIONAL USE, PLANNED ZONING DISTRICT,
SUBDIVISION, OR OTHER APPROVALS
RE: Plans, Elevations, and Other Documents Submitted to City Commission and Board
Meetings
Any documents prepared by applicants which are distributed at the public meetings must be
provided, at a minimum, in the following quantities in order to allow each Commission or Board
member to have a copy, as well as the City Manager, City Attorney, Recording Secretary,
Planning Director, and Building Official:
City Commission:
10 copies
Planning and Development Board:
12 copies
Community Appearance Board:
12 copies
Also, for any site plans, master plans, and elevations which are submitted for the record at
Commission or Board meetings, and which are revisions to plans or elevations which were
previously submitted to the City, six (6) copies of the revised plans or elevations must be
subsequently submitted to the Planning Department. Furthermore, any colored elevations
which are exhibited to the Boards or Commission which are different from those which were
previously submitted must be submitted to the Building Department so that the building color
and elevations can be inspected prior to the issuance of a Certificate of Occupancy.
These measures will allow the City to have an accurate record of the project as it was approved
by the Commission or the Boards, and will allow for the efficient inspection of the project.
Page 10
City of Boynton Beach, Florida
Planning & Zoning Board
LAND USE AMENDMENT AND/OR REZONING APPLICATION
NOTICE TO APPLICANTS FOR APPROVAL OF LAND
DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land development orders and permits
which are submitted on or after June 1, 1990 will be subject to the City's Concurrency
Management Ordinance, and cannot be approved unless public facilities (potable water,
sanitary sewer, drainage, solid waste, recreation, park, and road* facilities) would be available
to serve the project, consistent with the levels of service which are adopted in the City's
Comprehensive Plan:
- Building permit applications for the construction of improvements which, in and by themselves,
would create demand for public facilities.
- Applications for site plan approval.
- Applications for conditional use approval.
- Applications for subdivision master plan approval.
- Applications for preliminary plat approval.
- Applications for final plat approval.
- Applications for rezoning to planned zoned districts.
- Applications for revisions to any of the applications listed above, which would increase the
demand for any public facility.
* Applications for development orders and permits submitted after February 1, 1990 and which
generate more than 500 net vehicle trips per day, must comply with the Palm Beach County
Traffic Performance Standards Ordinance, unless exempt from that ordinance.
Please be advised, however, that the following applications will be exempt from the
Concurrency Management Ordinance, pending final approval of this ordinance by the City
Commission:
- Applications for the development of property which was platted on or after January 13, 1978
and either the final plat or the preliminary plat and Palm Beach County Health Department
permit applications were submitted or approved prior to June 1, 1990, and the use of the
property is consistent with the general use which was intended for the property at the time of
platting.
- Appli-:ations for the development of property which was platted prior to January 13, 1978, the
area of the platted lots does not exceed 2 acres, and the proposed use would not generate
more than 500 net vehicle trips per day.
Page 11
City of Boynton Beach, Florida
Planning & Zoning Board
LAND USE AMENDMENT AND/OR REZONING APPLICATION
- Applications for building permit, if a site plan or conditional use was submitted prior to June 1,
1990 and subsequently approved, and the site plan or conditional use has not expired.
- Applications for the development of property within an approved Development of Regional
Impact, and which are consistent with the approved DR!.
- Applications for approval of final plats, if the preliminary plan and application for Palm Beach
County Health Department permits for utilities have been submitted prior to June 1, 1990.
- Applications for revisions to previously approved development orders or permits, which do not
increase the demand for any public facility.
Please be advised that these exemption rules are tentative and will be subject to final approval
by the City Commission.
If you have any questions concerning the proposed Boynton Beach Concurrency Management
Ordinance, please contact the Boynton Beach Planning Department at (561) 375-6260.
S:\PLANNING\sHARED\WP\FORMS\APPS\LUAR\LANDUSE,WPD
Page 12
NOTICE AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED LINDSEY A. WALTER WHO BEING
DULY SWORN, DEPOSES AND SAYS:
1. The accompanying Property Owners List is, to the best of her knowledge, a
complete and accurate list of all property owners, mailing addresses and property
control numbers as recorded in the latest official tax rolls in the County Courthouse
for all property within four hundred (400) feet of the below described parcel of
land.
2. The accompanying Property Owners List includes, to the best of her knowledge, all
affected municipalities and/or counties, in accordance with the City of Boynton
Beach notice requirements and/or policies.
3. Public notice, which is her obligation to provide, will be in accordance with the City
of Boynton Beach requirements and/or policies.
The property in question is legally described as follows:
SEE ATTACHED LEGAL DESCRIPTION
~~
Lindsey A. alter
The foregoing instrument was acknowledged before me this 2nd day of February 1998, by
Lindsev A. Walter, who is personally known to me and who did not take an oath.
Signature f person taking
Acknowled ement
Patricia Y. Lentini. Notary Public
CC665822
Serial Number
NOTARY SEAL
",\lY PlJ OfFICIAL NoTARY SE,,1.
0" <9('", PATRlClA Y LENTINI
: ~q[ '; CClMMIaaON..... NUMBER
~. <( CCU$822
"'1- R-~ MY COMNI1S8ION EXPI'lES
OF F\.O AUG. 10.2001
J
LAND ~IPllON:
A P AReEl OF LAND BEING PORTIONS OF TRACTS 71. 72. 89. 90. 103. 10<4-, 121
AND 122, OF P ALN BEACH FARMS COMPANY PLAT NO.8, RECORDED IN PLAT
BOOK 5, PAGE 73, OF THE PUBUC RECORDS or PALM BEACH COUNTY,
FLORIDA. L YlNG IN SEC110N JO, TOWNSHIP ~ SOUlH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARllCULARL Y DESCRIBED AS
FOLLOWS:
CONNENONG AT THE SOUTH QUARTER (S 1/4) CORNER Of SAID SECTION 30,
RUN THENCE NORTH 0"0'26- EAST, ALONG lHE NORTH-SOUTH QUARTER
(NS 1/4) SECTION UNE 40.0 FEET; lHENCE EAST 40.0 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONllNUE EAST
351.6-4 FEET; THENCE NORTH 01"04'28- EAST 2513.64 FEET, TO A POINT ON THE
SOUTH RIGHT-QF-WAY UNE Of LAKE WORTH DRAINAGE DISTRICT CANAL L-25
AS SAME IS RECORDED IN OffiCIAL RECORDS BOOK 2083, PAGE 1416, PUBUC
RECORDS OF PALM BEACH COUNTY, flORIDA; THENCE SOUTH 89'49'00.
WEST, AlONG SAID RIGHT-OF-WAY LINE 347.30 fEET TO THE EASTERLY
RIGHT-OF-WAY UNE OF A ROAD RIGHT-OF-WAY AS RECORDED IN OfFlCIAL
RECORDS BOOK 2075, PAGE 572. PUBUC RECORDS OF PAlM BEACH COUNTY.
FLORIDA; THENCE SOUTH 01'0'26- WEST. ALONG JUST -SAID RIGHT-OF-WAY
UNE 2512.61 FEET TO THE POINT Of BEGINNING, LESS THE WEST 25 FEET THEREOF.
SAID LANDS L VlNG AND BEING IN THE CITY OF BOYNTON BEACH, PALN BEACH COUNTY,
FLORIDA. CONTAINING A COMPUTED NET AREA Of 815,309 SQUARE fEET (18.717 ACRES)
MORE OR LESS. .
----------_._~
~
---.~~
~~
~~~
. '
~
~~
~.
J.i;,.
ft___-" -m~r.l^Y-"" c
==
-------
--------
---------
,
---------------------------------------------------------------------------------'
==
-
September 22, 1995
Ms. Tambri Heyden, Director
TARA OAKS
page two
Sincerely,
OFFICE OF THE COUNTY ENGINEER
C) ) I)
,..,L.'ll/h ,'-" ~~~)I
Dan Weisberg, P.E.
Senior Registered Civil Engineer
cc. William Hukill, P.E., Director
Boynton Beach Department of Development
File: TPS - Mun. - Traffic Study Review
.
.
g:\user\dwe1sber\wp50\tps\boyn52
.