Loading...
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~' ,: ,~~',- ~: l --- . -II"" ,,"'.. . I I .: I, . . 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> ~(~, ? '"' ..c). A,", ~.... ~ r'::) -~ ~ -(' ~ 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 R a a . B B ~ B B R I a R I a R Ie f .-/ '. '-- :,>, ' ~ >"'.~--------,,, --.~ 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 a;l 0:6 u..o:.... 'i5no+ 0 zca.- 4:- ~ :r. '<i; ..... 03 ~ 'g ~ ~ ~ ~ \-: ~J ~~ ~ ~~ ~ ~ ~ ;l ~ 6 1 0: ~ 'U> uJ '3 'ii <( G 5 (/) ~ ~ 8 t; i<t ~ o U uJ "0 a: no o 8'tD ~z u2 ~ 4..-l ~ cot- ~.aJ &~ 2 co ~ ~ o o \\\ "i~cn .cg::> O:t:!"i ~~~ <iU1~ (j) no \I \I CD ~ JG '0 ~ 'S <C. \"-CDG ~ \~~~~ ~~ '2 (',ten -~-a ~.:&~\- "i~~ -fig::> ~ ft:t:!"i ~ lU8~ .c. .- ~~i no \\ \\ CD ~ JG '0 ~ 'S cc. t-~6 , )( ~ ...; - :I~ui'O~ 5 ~<C. \)\ ~_ 0' ~ 1 ~....C'a~t- ~ .sa ~ ~ '(j) :, Q. ~ C ::> \\\ ~ :3 16 cD ~ \ 1 .9 t- '2. Q) ~ ~ ~ ~ en "! o t- o o 0 _0- 0- o<!)o<!) O-~O-~ <!)C6<!)C\l ~E,g ~...~ ~ \I \\ \\ -~ c JG -00...'2 \)\~:e-a ~o-l)\- o 0 _0.. 0.. o <!) 0 <!) ~~~!.- ~E!1~ ~~.... ~\\\,\\ ~aJG \)\~~1 ....o..""t- ~ e t- o ~ ~<5to~ Q)~~~ no _0 ~ ~~O<!) <!)O~~ ~1O C\l N~~' ~ \I " \\ -~ c .sa -00-'1 ~~~o ....o..""t- ! ~ Q) 0- o ~ ~ Q) no i ~&~+ c(oc;'S _0 0 ~caoca <!)oca$ 810 C\l (..a~~~ ~",,\\ -:s c: .sa ~~~ol ~o.. \- i i o ~ ; i E cD o ~ ~ ! g, <5 \n ~ 16~~~ 0.: ~ o ~ 0.- i CDO>~+ ~6&'S t) 'i i~ ~-5 c:~~-o-i~ '~E~~~i\1~ a.,g<'3~~1' o"i .6~Q)~ 0. C -5 J:. 0. ~ v. t'Ei~~~i z~coo.%Q)-o ai 16 C ~ Q)'~-o "0-0 9 ~ o.lU ~ z-g s.ll~ ~ (/) , to 0 0.(\1 ~ c: c"icoco"i o.g .g .~ ~ t--: N 0 !1 lU~~~:=:CD~ a. g ~ %\"15 0 -% oG1~1GQ)EO O-coo~cxsc 00'- 11ii..~i-g~ Ci) E ~ (\10 ~ ~ -:; 'eoi .~~% o..:s0~2gO- ~--~ ~-~---~ ~ ~ ~ ~ ~ - -~~ -- ~~---------- 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 .