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APPLICATION PROJECT NAME The y, __..ershed LOCA TION. 4905, 4915, 4927 Park Ridge Road PCN. 08-43-45-17-10-000-0482 . .. 0481, . 0483 I FILE NO NWSP 02-015 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON OWNER. Quantum Limited Partners, L TD Gary J Rito, Codina DevelopmentCorp PHONE 561-7402429 PHONE 954-385-3100 FAX. 561-740-2447 FAX. 954-385-3110 ADDRESS 2500 Quantum Lakes Drive ADDRESS 2200 North Commerce Pkwy Boynton Beach, FL. 33426 Suite 110 Weston, FL. 33315 Date of submittal/Projected meetini! dates. SUBMITTAL / RESUBMITT AL 8/21/02 1 ST REVIEW COMMENTS DUE 9/6/02 PUBLIC NOTICE. N/A TRC MEETING 10/8/02 PROJECTED RESUBMITTAL DATE N/A ACTUAL RESUBMITTAL DATE N/A 2ND REVIEW COMMENTS DUE N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS) PLANNING & DEVELOPMENT BOARD 10/22/02 MEETING COMMUNITY REDEVELOPMENT N/A AGENCY BOARD CITY COMMISSION MEETING 11/6/02 COMMENTS S:\Planning\SHARED\WP\PROJECTS\The Watershed Act ll,lnc\NWSP 02-015\2002 pROJECT TRACKING INFO.doc City Codes Accessed Via Website www.bovnton-beach.or2 www.amlegal.comlboynton_ beach_ fLus CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN Has applicant attended a pre-application meeting? Yes ,Date July 23,2002 This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Division TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans including a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED Please print legibly (in ink) or type all information I. GENERAL INFORMATION Project Name The Watershed at Boynton Beach 2 Property Owner's (or Trustee's) Name. Quantum Limited Partners, Ltd. Address: 2500 Quantum Lakes Drive Boynton Beach, FL 33426 (Zip Code) Fax: (561) 740-2429 Phone (561) 740-2447 3 Applicant's name (person or business entity in whose name this application is made): The Watershed - Act II, Inc. Address. 1000 N W 15th Street, Boca Raton, FL 33486 (Zip Code) Phone (561) 362-7716 Fax: (561) 362-0854 If contract purchaser, please attach contract for sale and purchase. 4 Agent's Name (person, if any, representing applicant). Codina Development Corporation clo Gary J Rito Phone 954-385-3100 Ext. 210 Weston, FL 33326 (Zip Code) Fax. (954) 385-3110 Address. 2200 North Commerce Pkwy - Suite 110 5 Correspondence to be mailed to agent only, if no agent, then to applicant unless a substitute is specified below.* Rhon Ernest-Jones Consulting Engineers, Inc. - clo Glen Hanks, P.E. *This is the one address to which all agendas, letters and other materials will be mailed 6 What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) Contract Purchaser 7 Street address of location of site. Southeast corner of Park Ridge Blvd. and Beta Drive, Boynton Beach, FL. 8 9 08-43-45-17 -10-000-04 .... -A~-45-1 )-000-0482 Property Control #{PG. I and 08-43-45-17-10.c -(.<12.7 Legal description of site Lots 48A, 48B, 48C ar f f tJ A P.I.D., Plat 10, Plat Book 60JPage 34 of the Put '1q / Y I!t, ~ kr- nton Beach Jnty, FL. 10 Intended use{s) of site Substance Abuse RehaD....__ 11 12 13 14 15 16 17 Architect: Quincy Johnson Architects Landscape Architect: Rhon Ernest-Jones Consulting Engineers, Inc. Site Planner' Quincy Johnson Architects / Rhon Ernest-Jones Consulting Engineers, Inc. Engineer" Rhon Ernest-Jones Consulting Engineers, Inc. Surveyor Avirom & Associates, Inc. Traffic Engineer. Pinder Troutman Has a site plan been previously approved by the City Commission for this property? Not Known II. SITE PLAN The following information must be filled out below and must appear, where applicable, on all copies of the site plan. 1 Land Use Category shown in the Comprehensive Plan~'I" -Industrial 2 Zoning District: PIO (Planned Industrial Oevelpment 3 Area of Site +/- 6.48 Acres acres 282,268 4 Land Use -- Acreage Breakdown d 9 sq ft. a Residential, including surrounding lot area of grounds Recreation Areas * (excluding water area) Water Area 0.83 % of site acres % of site b acres acres 12.85 % of site c, Commercial % of site acres e Industrial % of site acres Public/Institutional 5.33 Public, Private and Canal rights-of-way 1 15 acres 82.25 % of site acres 17 75 % of site 2 h. Other (specify) Other (specify) % of site acres % of site acres j, Total area of site 6.48 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 % of site a Ground floor building 0.87 area ("building footprint") acres 13.4 b Water area 0.83 acres 12.8 % of site C Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts. 2.0 acres 30.86 % of site d Total impervious area 3.7 acres 30.86 % of site e Landscaped area 0.11 acres 1.8 % of site inside of parking lots (20 sq ft. per interior parking space required - see Sec. 7 5-35(g) of Landscape Code). Other landscaped areas,2.356 % of site acres 36.4 9 Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas 0.32 acres 4.9 % of site h. Total pervious areas2.78 acres 42.9 % of site I. % of site Total area of site 6.48 acres 100 6 Floor Area a Residential 51,210 sq ft. sq ft. sq ft. sq ft. sq ft. sq ft. sq ft. sq ft, b C d Commercial/Office 8,289 IndustriallWarehouse Recreational 6,819 e Public/Institutional (Services) 9,409 Other (specify) (Common) 31,504 Other (specify) 9 h. Total floor area 107,231 7 Number of Residential Dwellina Units a Single-family detached Duplex sq ft. sq ft. b 3 C Multi-Family (3 + attac.. j dwelling units) (1 ) Efficiency dwelling units (2) 1 Bedroom dwelling units (3) 2 Bedroom dwelling units (4) 3+ Bedroom dwelling units d Total multi-family dwelling units e Total number of dwelling units 172 8 Gross Density 26.5 dwelling units per acre 9 Maximum height of structures on site 45 feet 4 stories 10 Reauired off-street oarkina a Calculation of required # of off-street parking spaces. Off-street parking spaces provided on site plan = 103 (5 H/C) 144 (5 H/C) 144 (5 H/C) PH 1 120 beds @ 1 space per 3 beds = 40 PH 2: 232 beds @ 1 space per 3 beds = 77 PH 3: 344 beds@ 1 space per 3 beds = 115 = = b Calculation of required # of handicap parking spaces 4 per FL. AC. Code = Number of handicap spaces provided on site plan 5 REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT 4 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 Division (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 Signature of Owner(s) or Trustee, of Authorized Principal if property is owned by a corporation or other business entity Date IV ~ } , <7 JO'L- Dafe ~Jq-~~ Date (I) (We) hereby designate he above-signed person as (my) (our) authorized agent in regard to this application Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity ~ Sig ature of contract purchaser (if apPIJ.c~mt) cB l V- (\..u.SS ~ J Wb "f Date 'f )J~I \J'"L Date A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT 5 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 EAD, ACKNOWLEDGED AND AGREED TO this CtA 01A-S , ,20...Q. '2.. App Icant ~ ,-,C'- (\A;\.SJ'~ / Ce ~) V P 6 AGREEMENT FOR SALE AND PURCHASE OF PROPERTY This Agreement for Sale and Purchase of Property {"Agreement") is between Quantum Limited Partners, Ltd., a Florida limited partnership {"Seller"); and The Watershed - Act II, Inc., a Florida corporation {"Buyer"). 1 AGREEMENT TO SELL, PURCHASE PRICE 1.01 Agreement to Sell and Convey Seller hereby agrees to sell and convey to Buyer and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions hereinafter set forth, all that certain parcel of land located in Palm Beach County, Florida, and being more particularly described on EXHIBIT "A" attached hereto and incorporated herein consisting of approximately 5332 +/- acres plus submerged lands, togetherwitn the following a All and singular the rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, roads, alleys and rights-of-way; and b All easements, licenses, reservations, permits, approvals, consents and other such use rights, interests and privileges granted, owned u: u~~J i..:y Saller for the ownership, use, construction, operation and maintenance of the Property (defined below) or in any manner appurtenant thereto The land described on EXHIBIT "A", and the rights, interests, and other properties described above, are collectively called the "Property" 1 02 Purchase Price The purchase price {"Purchase Price") to be paid forthe Property shall be The Purchase Price shall be paid by Buyer to Seller as follows _Dollars earnest money deposit to be delivered to and held by Cohen, Norris, Scherer, Weinberger & Wolmer,located at712 U S Highway One, North Palm Beach, Florida 33408 ("Escrow Agent") upon execution hereof All earnest monies deposited hereunder, together with all interest accrued thereon, shall be collectively referred to as the "Deposit" The balance of the Purchase Price, subject to adjustments for prorations and Closing costs as specified herein, shall be paid in cash by cashier's check or immediately wired federal funds, payable to the order of Seller, or as Seller shall otherwise designate in writing prior to Closing Page 1 of 17 Pages All funds held in escrow shall be placed in an interest-bearing account, with interest accruing to the benefit of Buyer and paid to Buyer at Closing or otherwise in accordance with this Agreement unless Buyer is in default hereunder, in which event the Deposit and interest shall be forfeited to Seller 1 03 Inspections. Buyer shall have an inspection period ("Inspection Period") commencing on the Effective Date hereof and ending on July 1, 2002 within which to inspect the Property to determine whether, in Buyer's sole discretion, the Property is suitable for Buyer's intended use thereof If the Property is determined by Buyer to be unsuitable, Buyer may terminate this Agreement by giving written notice to Seller of such termination on or before 500 PM of the last day of the Inspection Period, upon which the Escrow Agent shall return the deposit to Buyer, together with any and all interest earned thereon, and the parties hereto shall be relieved of all further obligations hereunder Buyer shall have the right, at its expense, to make any and all inspections of the Property and investigations as to matters related thereto, including, but not limited to the survey of the Property, soil tests, environmental studies and audits, availability of utilities, drainage, off- site roadway traffic capacity, concurrency availability, land use and zoning approvals, development agreements, interlocal agreements and other such matters as Buyer may deem necessary or desirable within its sole discretion Buyer hereby holds Seller harmless from any damages or liabilities arising from the activities permitted hereunder by Buyer, its agents, or representatives and agrees to promptly repair any damage caused by such inspections Seller shall cooperate with Buyer in Buyer's inspection efforts hereunder 1 04 Contingencies Use And Site Plan Approval a This Contract is subject to and contingent upon approval for use of the Property as a Florida licensed substance abuse treatment facility (collectively "Buyer's Use Approval") by the City of Boynton Beach, Quantum Park Community Development District ("CDD") and Quantum Park Architectural Review Committee ("POA") by June 4, 2002 ("Site PI~n Approval Deadline") Buyer agrees to use reasonable diligence to acquire the use approvals, and Seller agrees to fully cooperate with all governmental and regulatory applications made pursuant thereto, prov1ded, however, Sel!er shall incur no expense therefo're Buyer shall pay all costs and expenses in connection with the use approval and all applicable fees In the event said approvals are not obtained within said deadlines, provided Buyer used reasonable diligence in processing the same, Buyer shall have the right to extend the deadline to June 18, 2002 If such approval is still not obtained by June 18, 2002, Buyer shall have the right to terminate this Agreement by giving written notice to Seller of such termination on or before 5 00 P M of the last day of said time frame upon which the Escrow Agent shall return the Deposit to Buyer, and the parties hereto shall be reli,;:;vdd of all further obligations hereunder In the Ewent Buyer, fails to use reasonable diligence, or does not so terminate this Agreement as specified herein, Buyer's right to terminate this Agreement as set forth herein shall expire and the Deposit shall be deemed non-refundable in all events except Seller's failure or refusal to deliver title to the Property in accordance with the terms hereof Page 2 of 17 Pages b This Contract is subject to and contingent upon approval of the Buyer's site plan approval for construction of a Florida licensed substance abuse treatment facility being approximately one hundred thousand (100,000) square feet together with parking, outdoor amenities, and related facilities (collectively "Buyer's Intended Use") by the City of Boynton Beach, Quantum Park Community Development District ("COD") and Quantum Park Architectural Review Committee ("POA") by October 1, 2002 Buyer agrees to use reasonable diligence to acquire the approvals, and Seller agrees to fully cooperate with all governmental and regulatory applications made pursuant thereto, provided, however, Seller shall incur no expense therefore. Buyer shall submit an application to the COD, POA and the staff of the City for site plan approval for Buyer's intended use on or before July 17, 2002 Buyer shall pay all costs and expenses in connection with the site plan approval and all applicable fees In the event said approvals are not obtained within said deadlines, provided Buyer used reasonable diligence in processing the same, Buyer shall have the right to terminate this Agreement by giving written notice to Seller of such termination on or before 5'00 P M of the last day of said time frame upon which the Escrow Agent shall return the Deposit to Buyer, and the parties hereto shall be relieved of all further obligations hereunder In the event Buyer, fails to use reasonable diligence, or does not so terminate this Agreement as specified herein, Buyer's right to terminate this Agreement as set forth herein shall expire and the Deposit shall be deemed non-refundable in all events except Seller's failure or refusal to deliver title to the Property in accordance with the terms hereof 2 SURVEY AND -niLE COMMITMENT PERMITTED EXCEPTIONS 2 01 Preliminary Title Report. Within thirty (30) days of the Effective Date, Seller shall provide to Buyer at Seller's sole cost and expense, (not to exceed promulgated rate plus title search charges) an A.L T.A. Form B title commitment ("Title Commitment") from Fidelity National Title Insurance Company, accompanied by one copy of all documents affecting the Property and which constitute exceptions to the Title Commitment. Buyer shall give Seller written notice on or before fifteen (15) days after receipt of the Title Commitment of objections to the condition of title as set forth in the Title Commitment. In the event there are objections, Buyer shali state which exceptions to the Title Commitment are not acceptable and if such defect(s) ("Defect") render title unmarketable (marketable title to be determined according to Title Standards adopted by authority of The Florida Bar and in accordance with law), Seller may undertake to eliminate the Defect(s) as set forth below, provided, however, that at Closing, mortgages or liens shall be satisfied or the liens thereof released as the case may be, as to the Property In the event Seller is unable or unwilling, to eliminate said Defect(s) prior to the expiration of the Inspection Period Buyer may, at its option (i) accept title subject to the Defect(s) raised by Buyer, without a!'1 adjustment in the Purchase Price, in which event said objections to Defect(s) shaii be deemed to be waived for all purposes, or (ii) rescind this Agreement, whereupon the Deposit shall be immediately returned to Buyer and this Agreement shall be of no further force and effect. Notwithstanding any of the provisions of this Section 2 01 to the contrary, Page 3 of 17 Pages to the extent Buyer fails to notify Seller of any objections to the exceptions as set forth in the Title Commitment within the time frames set forth herein, or such exceptions do not constitute "Defects" as defined herein, the parties hereby agree that the exceptions shall be deemed accepted by Buyer and hereafter referred to as "Permitted Exceptions" The Permitted Exceptions shall include those exceptions listed in Exhibit "B" attached hereto and made a part hereof Upon request, Seller shall also provide to Buyer at Buyer's sole cost and expense, a simultaneous mortgagee title commitment and policy, the cost of which shall be the greater of $350 00 or promulgated rate plus endorsements at the greater of $35 00 or promulgated rate for each endorsement. 2 02 Current Survey Within the time period allowed to obtain a preliminary title report, Seller shall provide Buyer with a copy of the most recent survey of the Property in Seller's possession Buyer, at Buyer's sole cost and expense, may obtain a survey of the Property prepared by a duly licensed land surveyor In the event the survey, or the re-certification of Seller's survey, shows any encroachments of any improvements upon, from, or onto the Property, or on or between any building set-back line, a property line, or any easement, or other Defects, except those acceptable to Buyer, in Buyer's sole discretion, said encroachment shall be treated in the same manner as a title defect set forth in paragraph 2 01 hereof and require written notice of the same as described therein 3 PROVISIONS WITH RESPECT TO CLOSING 3 01 Closing Date The consummation of the transaction contemplated by this Agreement (the "Closing") shall take place at the office of Seller's attorney, or such other location acceptable to Seller and Buyer at ten o'clock (10.00) a m fifteen (15) days following Buyer's obtaining the site plan approval or following the Site Plan Approval Deadline which ever first occurs described in Paragraph 1 04(b) In the event the Closing Date described herein falls on a weekend or national holiday, then Closing shall be the next succeeding business day 3 02 Seller's Obligations at Closing At Closing, Seller shall do the following a Execute, acknowledge and deliver to Buyer a special warranty deed, conveying the Property to Buyer subject only to the Permitted Exceptions b Execute and deliver to Buyer an Affidavit( s) of No Lien satisfactory to the Buyer so as to cause the removal of the mechanics lien, parties in possession and unrecorded easements and standard exceptions from the Title Policy c Execute and deilver to Buyer a certificate ("FIRPT A"), sufficient to entitle Buyer to pay the Purchase Price to Seller without withholding for any federal or state non-resident withholding taxes Page 4 of 17 Pages d Deliver to Buyer absolute and exclusive possession and occupancy of the Property In this regard, any leases must be terminated and tenants vacated e Execute, acknowledge and deliver to Buyer an assignment of all rights, title and interest of Seller in all agreements, permits, deposits, fees, impact fee credits (to the extent purchased by Buyer as described in Paragraph 3 06 hereof) and other interests of Seller including, but not limited to, utility agreements, concurrency approvals, development rights, and off- premises drainage capacity rights to the extent the same exist, are applicable to the Property, and are assignable f Execute and deliver all additional documents and instruments required pursuant to this Agreement for which Seller's and Buyer's counsel may mutually determine are necessary for the proper consummation of this transaction, including without limitation a "marked-up" title commitment deleting all schedule B-1 requirements and standard exceptions Upon provision by Buyer of a certified Survey under paragraph 2 02 above, the standard survey exception shall be deleted, subject only to those matters shown on said survey 3 03 Buyer's Obligations at Closing Subject to the terms, conditions, and provisions hereof, and contemporaneously with the performance by Seller of its obligations set forth in Section 3 02 above, Buyer shall deliver to the Seller's account a cashier's check or immediately wired federal funds in an amount equal to the amount of the balance of the Purchase Price (after due credit for all funds held by Escrow Agent, plus or minus prorations and Closing costs as set forth herein) 3 04 Closing Costs At Closing, Seller shall pay all documentary stamps which are required to be affixed to the special warranty deed and the premium payable for the Owner's Policy of Title Insurance at promulgated rate Buyer shall pay the cost of recording the warranty deed, and the cost of surveying requested by Buyer 3 05 Proration of Taxes, Association Assessments, Community Development District Maintenance and Other Assessments. Taxes for the year of the Closing, Quantum Park Property Owner's Association Assessments and the Community Development District maintenance and other assessments and all other assessments relative to the Property shall be prorated through the date of Closing (using the maximum discounted amount as to the real estate taxes), Buyer acknowledging that some or all of the Community Development District assessments are prepaid and as such will be reimbursed or prorated accorJliigly For example, the 2001 tax bill included bund interest payments for September 1, 2002 and March 1, 2003, which amounts will be reimbursed by Buyer If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment of taxes shall be based upon the preceding year's tax amount. Subsequent to the Closing, when the tax rate is fixed for the year in which the Closing occurs, Seller and Buyer agree to adjust the proration of taxes and, if necessary, to refund Page 5 of 17 Pages or pay, as the case may be, on or before January 1 of the year following the Closing, an amount necessary to effect such adjustments This provision shall survive Closing 3 06 Road Impact Fee Credit and Reserve Reimbursement. Seller presently possesses road impact fee credits relative to the remaining undeveloped property of Quantum Park, and Seller presenting represents Seller has sufficient credits for Buyer's Intended Use Buyer shall pay to Seller at closing the road impact fee credits required for Buyer's development, at the price charged by the City of Boynton Beach at the time of closing Any future required road improvements fees shall also be purchased from Seller at the then charged price This provision shall survive Closing 4 AFFIRMATIVE COVENANTS OF SELLER. 401 Acts Affecting Property After the Effective Date, Seller, unless otherwise agreed to in writing by Buyer, which agreement shall not be unreasonably withheld, will refrain from (a) performing any grading or excavation, construction, or removal of any improvements, or making any other change or improvement upon or about the Property; (b) committing any waste or nuisance upon the Property and Seller will maintain and keep the Property in neat condition and will observe all laws, ordinances, regulations, and restrictions affecting the Property and its use, until the Closing, and (c) entering into any easements, licenses, leases, sales or other agreements affecting or relating to the Property; and (d) applying for any changes or amendments to the PID Agreement, development order, Quantum Park Master Plan or other development approvals or order relative to the Pruperty, whIch change or amendment wouid have a substantive impact on the Property or Buyer's Intended Use as it relates to development rights, access, cost of development and property ownership 4.02 Further Assurances In addition to the obligations required to be performed hereunder by Seller and/or Buyer at the Closing, Buyer and Seller agree to perform such other acts, and to execute, acknowledge, and/or deliver subsequent to the Closing such other instruments, documents, and other materials as reasonably requested in order to effectuate the consummation of the transaction contemplated herein and to vest title to the Property in Buyer 4.03 Exclusivity/Use of Property The Property may not be developed or used for industrial purposes or for the construction and/or use of any portion of the Property as a hotel/motel rooming house or other transient facility, or for the retail sale of automotive fuel and lubricants, nor for the purpose of automotive maintenance, repairs or services, nor for the development and operation of a convenience store or mini-mart of less than 7500 square feet, nor for a car wash Buyer agrees that an appropriate restrictive covenant may be recorded (or included in the Deed)to such etfect or OldY already be recOi"deJ Tile word "industrial" shall mean any project or building, speculative or build to suit, which is intended for use as factory-office property, factory-warehouse property, storage property, distribution property, assembly and manufacturing property, or any combination of the foregoing and Page 6 of 17 Pages any building with "dock-high" loading facilities or "grade level" or "well" loading facilities Notwithstanding the foregoing, the word "Industrial" does not include buildings that contain less than 25,000 square feet and have front to back dimension of less than 100 linear feet. This paragraph 4 03 shall survive Closing 5 "AS-IS" - NO REPRESENTATIONS AND WARRANTIES WITH RESPECT TO PROPERTY 5 01 As-Is Seller is selling and Buyer is purchasing the Property in its "as-is" condition Except as set forth in this Paragraph 5, Seller is making no representations or warranties whatsoever with respect to the condition of the Property, but is affording Buyer an Inspection Period as described in Paragraph 1 03 within which to perform any and all such inspections deemed necessary by Buyer in order to determine the acceptability of the condition of the Property, compliance with the laws of zoning and the general ability to develop and use the Property as Buyer desires for Buyer's Intended Use As such, Buyer is not relying upon any representations or warranties with respect to the Property but is making its own independent investigation and determinations with respect to the same Buyer's acceptance of the Deed at Closing shall constitute Buyer's acceptance of the condition of the Property and waiver of any and all claims against Seller for any defects whatsoever with respect to the Property 5 02 Property Owner's Association and Architectural Review Committee The Property is contained within Quantum Park, which park is maintained by Quantum Park Property Owner's Associatlo;l, Inc Buyer will become a membei of the Property Owner's Association by virtue of purchasing property within the park, and shall be responsible for assessments levied thereby In addition, the development of property within Quantum Park is subject to review by the Quantum Park Architectural Review Committee 5 03 COO The Property is also contained within the Quantum Park Community Development District and as such, is subject to assessments relative thereto 5 04 No Conflicts The execution and delivery of this Agreement, the consummation of the transaction herein contemplated, and tho compliance with the terms of this I~,greernent will not conflict with, or with or without notice or the passage of time, or both, result in a breach of any of the terms or provisions of, or constitute a default under any indenture, mortgage, loan agreement, or instrument to which Seller is a party or by which Seller or Seller's Property is bound, any applicable regulation, or any judgment, order or degree of any court having jurisdiction over Seller 5 05 Authorization Seller has the full right, power, and authority to sell and convey the Pru"'~lty (0 Purt;haser as pr'OvlJed in this Contract and to carry out Sellei'& ubllgatl\)lis hereunder All requisite corporate and/or partnership actions necessary to authorize the Seller to enter into this Agreement and to perform its obligations hereunder have been taken The joinder of no person or entity other than Seller, including Seller's limited partners, will be necessary to convey the Property fully and completely to Buyer at Closing Page 7 of 17 Pages 5 06 No Bankruptcy There are no attachments, executions, assignments forthe benefit of creditors, or voluntary or involuntary proceedings in bankruptcy or under any other debtor relief laws contemplated by or pending or threatened against Seller 6 PROVISIONS WITH RESPECT TO FAILURE OF TITLE, DEFAULT AND DEPOSIT 601 Default by Seller In the event that Seller should fail to consummate the transaction contemplated herein for any reason, except Buyer's default, or failure of Seller to make title marketable in accordance with Paragraph 201 hereof, Buyer" (i) may enforce the specific performance of this Agreement; or (ii) may terminate the Agreement and receive a full return of the Deposit, which shall be Buyer's exclusive remedies 602 Default by Buyer In the event Buyer should fail to consummate the transaction contemplated herein for any reason, except default by Seller, the Deposit shall be delivered to Seller, such sum being agreed upon as liquidated damages for the failure of Buyer to perform the duties and obligations imposed upon it by the terms and provisions of this Agreement and because of the difficulty, inconvenience and uncertainty of ascertaining actual damages, which shall be Seller's exclusive remedy for Buyer's breach No delay or omission in the exercise of any right or remedy accruing to Seller upon any breach by Buyer under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach The waiver by Seller of any condition herein contained or of any subsequent breach shall not be deemed to be a waIver of any other condition or uf ailY subsequent breach of the same or any other term, covenant, or condition herein contained 6 03 Attorneys' Fees, Etc Should either party employ an attorney or attorneys to enforce any of the provisions hereof, or to protect its interest in any matter arising under this Agreement, or to recover damages for the breach of this Agreement, the party prevailing is entitled to receive from the other party all reasonable costs, charges, and expenses, including attorneys' fees, expert witness fees, appeal fees, and the cost of paraprofessionals working under the supervision of an attorney, expended or incurred in connection therewith whether resolved by out-of-court settlement, arbitration, pre-trial settlement, trial or appellate proceedings 7 BROKERAGE COMMISSIONS 7 01 Brokerage Commissions Each party represents to the other that no brokers have been involved in this transaction other than Quantum Realty, Inc (UBrokers") Seller shall be responsible to pay Brokers a commission pursuant to a separate brokerage between Seiler and Brokers, when and oniy if closing occurs hereunder It is agreed that each such party to this Agreement whose actions or alleged actions or commitments form the basis of any other claim, agrees to indemnify and hold harmless the other party to this Agreement from and against any and all such claims or demands with respect to any other Page 8 of 17 Pages brokerage fees or agents' commissions or other compensation asserted by any person, firm, or corporation in connection with this Agreement or the transaction contemplated hereby, which indemnification shall include, but is not limited to, costs and reasonable attorneys' fees (including reasonable attorneys' fees incurred prior to trial, after trial, or on appeal and any reasonable attorneys' fees incurred in enforcing this indemnity and including fees for the services of paralegals and other legal personnel working under the supervision of an attorney) incurred in connection with the defense of any claim against Buyer by any party arising out of the above matters The indemnification set forth herein shall survive Closing 8 OTHER CONTRACTUAL PROVISIONS 8.01 Assignability Buyer shall have no right and authority to assign in whole or in part this Agreement and all of its rights hereunder to any party, without Seller's prior written approval except that Buyer may assign this Agreement to a third-party developer who will develop the Property as described in this Agreement with the express purpose of leasing back the developed Property from said developer 8 02 Subordination This Agreement is and will be subject and subordinate to the liens of any mortgages now or hereafter placed by Seller on the Property prior to Closing, and all amendments, modifications, renewals, consolidations, and extensions thereof, and all voluntary and involuntary future advances made thereunder, provided however, that Seller shall cause any such mortgage to be discharged as to the herein described Property contemporaneously with the delivery or recording of the special warranty dt;;ed requlled hereby 8 03 Disclosure Buyer agrees that Buyer will not disclose any terms of this Agreement to any third party without the prior written consent of the Seller Notwithstanding the foregoing, Buyer may, without consent of Seller disclose the said terms to Buyer's respective partners, principals, lenders, attorneys, and accountants and as otherwise necessary or required for permits, approvals and construction a 04 Notices Any notice to be given or to be served upon any party hereto, in connection with this Agreement, must be in writing, and may be given by either certified mail or a nationally recognized overnight delivery service such as Federal Express or Purolator or by facsimile and shall be deemed to have been given and received when a letter containing such notice, properly addressed, with postage prepaid is deposited in either the United States Mail or delivered to such overnight delivery service, and if given otherwise than by certified mail or overnight delivery service, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed or if by facsimile, when received by the receiving party Sud I IIUllce:s si IC:lii be given to ille parties hereto at the following addresses Page 9 of 17 Pages FOR SELLER FOR BUYER. Quantum Limited Partners, Ltd c/o Douglas MacDonald 2500 Quantum Lakes Dr , #101 Boynton Beach, FL. 33426 Tel #'(561) 740-2447 Fax #'(561) 740-2429 The Watershed - Act 1/, Inc A TT Michael Chernak, President 1000 NW 15th Street Boca Raton, FL 33486 Tel #(561) 362-7116 Fax # (561 )362-0854 with a copy to with a copy to David B Norris, Esquire Cohen, Norris, Scherer, Weinberger & Wolmer 712 U S Highway One North Palm Beach, FL 33408 Tel #. (561) 844-3600 Fax.#' (561) 842-4104 Larry Z. Glickman, Esq Sachs, Sax, Klein, P.A. Suite 4150, Northern Trust Plaza 301 Yamato Road Boca Raton, Florida 33431 Tel # (561) 994-4499 Fax # (561) 994-4985 Any party hereto may, at any time by giving five (5) days' written notice to the other party hereto, designate any other address in substitution ofthe foregoing address to which such notice shall be given and other parties to whom copies of all notices hereunder shall be sent. 8 05 Entire Agreement; Modification This Agreement embodies and constitutes the entire understanding among the parties with respect to the transaction contemplated herein All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, orterminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in such instrument. Nothing in this Section 8 05 to the contrary, however, shall prevent the termination of this Agreement in accordance with the terms of this Agreement specifically providing for its termination and not requiring any separate written instrument of termination 806 Applicable Law This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida 8 07 Venue Venue for this transaction will be deemed to be Palm Beach County, Fl.xida 8 08 Headings Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. Page 10 of 17 Pages 8 9 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns 8.10 Counterparts This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. 8 11 Interpretation Whenever the context hereof shall so require the singular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa 8 12 Severability In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein 8 13 Risk of Loss by Condemnation a. All risk of condemnation prior to the Closing shall be on Seller Immediately upon obtaining knowledge ofthe institution of any proceedings for the condemnation ofthe Property, or any portion thereof (including negotiations in lieu of condemnation), Seller will notify Buyer of the pendenl;y' uf such woceedlnyti Buyer Inay partIcipate in any such negotiations and proceedings, and Seller shall from time to time deliver to Buyer all instruments requested by it to permit such participation Seller shall, at its expense, diligently pursue any such proceeding, and shall consult with Buyer, its attorneys and experts and cooperate with them in any defense of any such proceedings b If after the Effective Date and prior to the Closing all or a part of the Property is subjected to a bonafide threat of condemnation by a body having the power of eminent domain or is taken by eminent domain or condemnation (or sale in lieu thereof), Buyer may by written notice to Seller elect to cancel this Agreement prior to the Closing hereunder, in which event both parties shall be relieved and released of and from any further liability hereunder, and the Deposit shall forthwith be returned to Buyer, and thereupon this Agreement shall become null and void If no such election is made, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any interest taken by eminent domain or condemnation, shall be effected with no further adjustment, and upon the Closing, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made fo. such taking Page 11 of 17 Pages 8 14 Time is of the Essence The parties acknowledge that time is of the essence for each time and date specifically set forth in this Agreement. Any and all time periods provided for herein which end on a Saturday, Sunday, or legal holiday, shall extend to the next business day 8 15 Joint Drafting The parties hereby agree that each have played an equal part in the negotiations and drafting of this Agreement, and in the event any ambiguities should be realized in the construction or interpretation of this Agreement, the result of those ambiguities shall be equally assumed and realized by each of the parties to this Agreement. 8 16 Waiver The waiver of one or more defaults by any party to this Agreement shall not be deemed a waiver of any subsequent default of that provision of the Agreement, or of a default under any other provision of this Agreement. 9 ESCROW AGENT 9 01 Duties It is agreed that the duties of Escrow Agent are purely ministerial in nature, and that Escrow Agent shall incur no liability whatever except for willful misconduct or gross negligence so long as Escrow Agent has acted in good faith Seller and Buyer release Escrow Agent from any act done or omitted to be done by Escrow Agent in good faith in the performance of Escrow Agent's duties hereunder 9 0", Responsibilities. Escrow Agent shall be under no re::ipunsibility in respect to any of the monies deposited with it other than faithfully to follow the instructions herein contained Escrow Agent may advise with counsel and shall be fully protected in any actions taken in good faith, in accordance with such advice Escrow Agent shall not be required to defend any legal proceedings which may be instituted against the escrow instructions unless requested to do so by Seller and Buyer and indemnified to the satisfaction of Escrow Agent against the reasonable cost and expense of such defense Escrow Agent shall not be required to institute legal proceedings of any kind Escrow Agent shall have no responsibility for the genuineness or validity of any document or other item deposited with Escrow Agent, and shall be fully protected in acting in accordance with any written instructions given to Escrow Agent hereunder and believed by escrow Agent to have been signed by the proper parties 9 03 No Liability Escrow Agent assumes no liability under this Agreement except that of a stakeholder If there is any dispute as to whether Escrow Agent is obligated to deliver the escrow monies, or as to whom that sum is to be delivered, Escrow Agent shall not be obligated to make any delivery ofthe sum, but in such event may hold the sum until receipt by Escrow Agent vf any authorization in Wilting slglied by' dil the persons having an interest in such dispute, directing the disposition of the sum, or in the absence of such determination of the rights of the parties in an appropriate proceeding If such written authorization is not given, or proceedings for such determination are not begun and Page 12 of 17 Pages diligently continued, Escrow Agent may, but is not required to, bring an appropriate action or proceeding to deliver the Deposit to the registry of a court of competent jurisdiction pending such determination Upon making delivery of the monies in the manner provided for in this Agreement, Escrow Agent shall have no further liability in this matter 9 04 Confirmation of Deposit. Escrow Agent will hold the Deposit in escrow pursuant to the provisions of this Agreement and shall place the Deposit in an interest bearing savings account insured by either the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation 9 05 Continued Representation. Buyer acknowledges that Escrow Agent is the law firm which has represented Seller in connection with this transaction, and Buyer consents to such continued representation, including representation of Seller in any dispute which may arise in connection with this Agreement, the transaction contemplated hereby, or matters related to any of the foregoing 10 EXPIRATION/EFFECTIVE DATE 10.01 Expiration S1hiS Agreement is not fully executed and returned to Seller by 12:00 Noon on _ t ~ ,2002 then this offer will terminate and be of no further force and effect. The Quantum Community Development District imposes both taxes and assessments on this Property through a special taxing district These taxes and assessments pay the construction, operation, and maintenance costs of certain public facilities of the district and are set annually by the governing board of the district These taxes and assessments are in addition to county and all other taxes and assessments provided for by law Page 13 of 17 Pages IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written below; provided, however, that for the purpose of determining the "Effective Date", as used in this Agreement, such date shall be the last date that either Seller or Buyer hereto executes this Agreement. WITNESSES BUYER. SELLER. QUANTUM LIMITED PARTNERS, L TD , a Florida limited partnership BY MFT DEVELOPMENT, INC , a Flor'da corporation, as its Ge ral Partner BY.J b6~ DOUG S B MACDONALD, Presidept ~ DATE ..,/"J\. d 0 <'c) 2-<:)0 Z. . ESCROW AGENT COHEN, NORRIS, S.....DRER, WEIN BY TITLE DATE :")/; 10 ~ Page 14 of 17 Pages EXHIBIT "A" THOSE LOTS LOCATED IN QUANTUM PARK AT BOYNTON BEACH AS HEREINAFTER LISTED Lots 48A, 48B, 48C and 48D, QUANTUM PARK AT BOYNTON BEACH P I D , PLAT NO 10, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 60, page 34, said lands situate, lying and being in Palm Beach County, Florida Page 15 of 17 Pages EXHIBIT "B" "Permitted Exceptions" as determined by Paragraph 2 01 of the Agreement For Sale And Purchase Of Property, and the following 1 Terms, conditions, easements and other matters as shown on the Plat of Quantum Park at Boynton Beach P I D Plat No 10 recorded in Plat Book 60, Page 34, of the Public Records of Palm Beach County, Florida 2 Restrictions, covenants, conditions and easements, which include provisions for a private charge or assessment, as contained in the Declaration dated October 14, 1987 and recorded October 15, 1987 in Official Record Book 5450, Page 1105, together with the amendments, as recorded in Official Records Book 6393, Page 218, Public Records of Palm Beach County, Florida Assignment of Rights of Declarant Appointment & Approval recorded July 27, 1998 in Official Record Book 10540, Page 61 An amendment thereto recorded August 17, 1998 in Official Record Book 10582, Page 1256, Public Records of Palm Beach County, Florida 3 Assignment of Reservations contained in instrument dated March 1, 1994 and recorded March 9, 1994 in Official Record Book 8158, Page 1324, Public Records of Palm Beach County, Florida 4 Adoption of Development Order contained in instrument rer.crdcd M3Y 2 1985 in Official Record Book 4534, Page 1728, as modified in Official record Book 4965, Page 619, Official Record Book 5090, Page 510, Official Record Book 5584, Page 1273, Official Record Book 9679, Page 532 and Official Record Book 10072, Page 1926, Public Records of Palm Beach County, Florida 5 Easement as set out and reserved in instrument dated August 29, 1961 and recorded August 30, 1961 in Official Record Book 672, Page 40, Public Rp.r.orrls of P81m Beach County, Florida 6 Easement as set out and reserved in instrument dated July 28, 1964, and recorded July 29, 1964 in Official Record Book 1064, Page 45, Public Records of Palm Beach County, Florida 7 Affidavit by the Lake Worth Drainage District relative to the required Rights- of-Way for drainage control and irrigation contained in instrument recorded in Offir.ial Record Bool< -1732 Page 612 Public Records of Palm Beach County, Florida Page 16 of 17 Pages 8 Memorandum of Restrictive Covenants by and between Quantum Limited Partners, Ltd , a Florida limited partnership and Boynton Industrial Realty Corporation, a Delaware corporation recorded August 17,1998 in Official Record Book 10582, Page 1102, Public Records of Palm Beach County, Florida 9 Assessments or liens which may be imposed by the Quantum Community Development District relating to the maintenance of the infrastructure owned or maintained by the Quantum Community Development District pursuant to Chapters 170 and 190, Florida Statutes 10 Declaration of Restrictions and Covenants recorded May 12, 1999 in Official Record Book 11103, Page 839, Public Records of Palm Beach County, Florida F'\WPDOCS\Lorraine\AGREEMNT\watershed042902. wpd Page 17 of 17 Pages 07/03/2002 WED 11,05 FAX ~OO2l00j Jul-Q3-Q% D9 15am From-COHEN HORRI HERER WEIN8ESGER 581-84Z-4104 T-818 P Ot/DS F-ZD9 FIRST AMENDMENT TO AGREEME.NT FOR SALE AND PURCHASE THIS FIRST AMENDMENT dated this gD: day of July, 2002, by and between Quantum limited Partners, Ltd., a Florida limited partnership ("Seller') and The Watershed-Act 1I. Inc.. a Flol1da corporation ("Buyer"), provides as follows: WHeREAS, the parties hereto entered into that certain Agl'eement For Sale and purcnase Of Property with an Effective Date of May 6, 2002 c-Agreemenr); and WHEREAS, Buyer has requested certain extensions of time periods as set forth therein which Seller Is wnnng to grant in accordance with the terms and conditione; herein. NOW, THEREFORE, in consideration of the premises, the mutual representations. warranties, covenants and agreements hereinafter contained. and other good and valuable consideration, the receipt and suffielenc.yofwhich am hQreby acknoWledged and intending to be legally bound, the parties hereby agree ElS follows: 1 Recitals. The foregoIng recrtals are true and correct and incorporated herein by reference. 2. The Inspection Period as set forth 10 Paragraph 1 03 of the Agreement is extended such that it shall end on July 12, 2002. 3. The submission date far Buyer to submit application for site plan approval as set forth in Paragraph 1.04 b. is extended to August 7. 2002. 4. The Closing Date as set forth in Paragraph 301 is amended to 10'00 AM on such date which is the eal1ier of fifteen (15) days following Buyer obtaining the site plan approV21 or November 7 I 2002. 5 Except as set fanh herein all other terms and conditions of the Agreement ahall remaIn in full force and effect. In the event of a conflict between the tenns of this First Amendment and the terms of the Agreement. the terms and conditions of this First Amendment shall prevail. S Time is of the essence. 7 Jt is understood by all parties that this Agreement may be signed in counterparts, each counterpart serving as an original and taken together shall constitute one and the same instrument. Facsimile copies of this Agreement and any signatures thereon shall be considered for all purposes as originals. 07/03/2002 WED 11.05 FAX ~ 003/003 Jul-03-DZ as 15iM Prgm-COHEN NORI jCHERER WEINBESGER 561-84Z-4104 T-618 P 03/03 F-ZOg IN WITNESS WHEREOF. the parties hereto have executed thIs First Amendment as of the day and year written below WITNESSES BUYER: (f?J- ---' The Watershed - Act 11, Inc., a ~1~r!L PRINT NAME. Michael C~k TITLE: presidem/_ ) DATE. ~{, e 02- I SELLER: QUANTUM LIMITED PARTNERS, 1- TO., a Florida limited partnership ~~~ PI"DER TROUTHfih CO"SULTI"Ci. I"c. Transportation Planners and Engineers 2324 South Congress Avenue. Suite 1 H West Palm Beach FL 33406 (561) 434-1644 Fax 434-1663 \VI^,W pindertroutman com August 20, 2002 Revised August 28, 2002 Ms. Lusia Galav Planning and Zoning Division City of Boynton Beach 100 E. Boynton Beach Boulevard POBox 310 Boynton Beach, FL 33425-0310 Re: Watershed at Quantum Park - #PTC02-90 Dear Ms. Galav' The purpose of this letter is to provide a trip generation analysis for Lots 48 A, Band C as well as an inventory of land uses and trip generation for Quantum Park. It is proposed to develop a 344 Bed Substance Abuse Rehabilitation Center located on Lots 48 A, Band C of Quantum Park in the City of Boynton Beach. The site is located south of High Ridge Road and east of Beta Drive. Access to the site will be via two (2) driveway connections to Beta Drive. Neither Palm Beach County nor the Institute of Transportation Engineers (ITE) has published trip generation data for the proposed use. Therefore, three (3) days of traffic counts were conducted at the Watershed facility in Boca Raton. The calculation of Daily and peak hour trip generation rates, as well as peak hour directional splits are shown on Attachment 1 The raw data is provided in the Appendix. The proposed development is projected to generate 1,548 new daily trips, 129 new AM peak hour trips and 141 new PM peak hour trips as shown on Attachment 1 Projected driveway volumes are shown on Attachment 3 The Quantum Park DRI is an approved project, and is considered a Previous Approval under Article 15, Traffic Performance Standards, of the Palm Beach County Unified Land Development Code (ULDC) The proposed land use and intensity are within the limits of the original approval of the Quantum Park DRI, as shown on Attachment 4, therefore, the proposed project is not subject to the Traffic Performance Standards. If you have any questions regarding the contents of this letter, do not hesitate to contact this office. Sincerely, . 0 ? 9 !I;1 n1 f\~('~ /, t,J;-A/ Rebecca J Mulcahy, P E. I J d Project Manager @ /2. B / ().:J. I MI'lQ - Attachments cc: Masoud Atefi Sam Pinson Letter Ca/av 02-90 8-28-02 Di #PTC02-90 Trip Gen. Rate 02-90 7 11-02 8/28/02 Page 1 of2 Attachment 1 Watershed Rehabilation Center Trip Generation Rates Independent Variable- Beds Traffic Volumes Three Day Trip Generation Time 7/2/02 7/3/02 715/02 Average Rates Daily 289 236 231 252 4.50 /Bed AM Peak Hour 24 18 21 21 0.375 /Bed PM Peak Hour 29 19 21 23 0411 /Bed Peak Hour Directional Splits Traffic Volumes Three Day Directional Time 7/2/02 713/02 7/5/02 Average Split In Out In Out In Out In Out In Out AM Peak Hour 15 9 12 6 13 8 13 8 063 0.37 PM Peak Hour 13 16 10 9 11 10 11 12 049 0.51 Watershed is an existing Rehabilation Center with 56 Beds located on NW 15th street in Boca Raton. Attachment 2 Watershed at Quantum Park Trip Generation #PTC02 90 8/28/02 Tripgen 02-908-28-02 Page 1 of 1 DAILY Total land Use Intensity T rip Generation Rate (1) Tnps Rehabilitation Center 344 Beds 4 5 /Bed 1,548 344 Beds 1,548 AM PEAK HOUR Total Tnps land Use Intensity Trip Generation Rate (1) In Out Total ResIdential-Multi Family 344 Beds 0375 /Bed(63/37) 81 48 129 TOTALS 344 Beds 81 48 129 PM PEAK HOUR Total Trips land Use Intensity T rip Generation Rate (1) In Out Total Residential-Multi Family 344 Beds 0411/Bed(49/51) 69 72 141 TOTALS 344 Beds 69 72 141 (1) Based on Three Days of Counts at an Existing 56 Bed Facility in Boca Raton. o ~ ~ -- t 3_~gU ro1 ij ""1"; N t15(5-.lL 464 1084 WATERSHED AT QUANTUM PARK o NTS o <( o c.::: L.W lJ o c.::: I lJ I ~ LEGEND 24 -AM PEAK HOUR (48) -PM PEAK HOUR 1084 - AADT R08/28!02 ATTACHMENT 3 PROJECT DRIVEWAY VOLUMES ~ Altachment 4 Watershed at Quantum Park Inventory of land Uses #PTC02-90 8/28/02 inventory 02-90 8-28-02 P.,o11 land Use Data Master Plan ActlJal Gross Floor lrip Generation Lol Own~r Desil'J1ation Developm~nl Area Rate Daily Trips 1loor\) HamDlon Inn Office/lndustriaVCommerdal Hotel 161 Rooms 7_27 / Room 1,170 11uart) Oril!inal Pancake House Offi<l'/lndustriaI!Commerdal Restaurant 4,710 SF 130.34 /1,000 SF 614 3 Quanlum Office/Warehoose lol3 Offi<l'/Industrial Office 23,330 SF 9.14 /1,000 SF (1) 213 Warehouse 23,330 SF 4.96/1,000 Sf 116 4,5 United Way RoIunda fOTN Office Office 16,442 SF 9.14/1,000 SF (1) 150 6 Stanton MaW'etics llC Office/Industrial Office 5,356 SF 9.14/1,OOOSF(1) 49 Industrial 27,732 SI 6.97/1,ooOSF 193 7th", 11 Continental Homes Mixed Use Residential 102 DUs 7/DU 714 12,13,14 Molorola OffiL-e Office 100,000 SF 9.14 /1,000 SF 11) 914 15 Coikronics Office/Industrial Office 20,322 SF 914 /1,000 SF (1) 186 Warehouse 15,240 Sf 4.96/1,000 SF 76 20 Stiles Property Mana""ment (A1lst.ale) Office/Industrial Offi<l' 16,442 Sf 9.14 /1,000 Sf (1) 150 21 2427 Gateway Blvd. Office/Industrial Office 17,579 SF 9.14/1,000 SF (1) 161 22 Boynton Masonic Lodge Offi<l' Lodgt- 3,229 Sf 38_6 /1,000 SF (6) 125 Day Care Center Office Day Care 3,600 SF 79.26 /1,000 SF 285 23-31 Continental Homes Mixed Use Residential 169 Dlls 7/DU 1,183 32 33,34A,34B,3S,36 .16,37,38 Premier Asset Manawment Office/Industrial Industrial 33(',050 SF 6.97/1000 SF 2342 40,41,4243,44 4S 53,54 Palm Beach Countv School Board GovernmenlaVJnstitutional IIi"" School 2500 Students 2,2113 46A(Par\) Sun Scntinel Office/Industrial Warehouse 22,700 Sf 4.96/1,000 Sf 113 46A(Partl,47 A(Palt) 47B(part) flowers Bakery Industrial Industrial 24000 SF 6.97 /1,000 Sf 167 47A(part),47B(Part) PlM & Associates Industrial Industrial S2,OOO SF 6.97 /1,000 Sf 362 46B,47B(Paltl,47C Safetv Kleen Industrial Industrial 14 824 Sf 6.97 /1 000 SF 103 49 Canada Dry Distribution Industrial Industrial 50,000 SF 6.97/1000 SF 349 50B Gole Industries Office/Industrial WarehollS(" 14,728 SF 4.96 / 1,000 SF 7.J Office 2,641 SF 9.14/1,OooSF(1) 24 51A Cult B. lOA Office/lnduSlrial IndustJial 27,000 Sf 6.97/1.000 SF 188 51B fk"ida Power & li""l Substation Office/Industrial Industrial Lot51D Gevas North AmeriGln Headc:luarters Office/Industrial Office 4,000 Sf 9.14 /1,000 SF (1) 37 Warehouse 6000 SF 4.96 /1 000 SI 30 52 MFT Develonment Offi<l'JlnduSlrial OffiCE' 60,753 SF 9.14/1,000 Sill) 555 55 Publix SUDer Market Industrial Industrial 420,000 SF 6.97 /1,000 SF 2927 58 Ouantum Park Office lot .8 Office/Industrial Offia> 51,470 Sf 9.14 /1,000 Sli1) 470 lots 59,60 & 61 Grotto B~y Mixed Use Residenti~1 272 DUs 7/DU 1,904 62-67 Qu~ntum Park and Village South Mixed Use Residential-Muhi 234 DUs 7/DU 1638 Retail 82.260 SF Ln en ~ 0.643Ln (X)-<-5.866 6,012 General Office 32010 Sf 9.14 /1,000 5F(1) 293 Restaurant 15,000 SF 89.95 /1 000 51 1,349 6S8(Palt) Mobil Oil Corporation Office/lndnstriaVComme,dal Gas Station 16 Fuell'os. 2,795 Conv. Store 3054 SF 1533 68A&8,69,70,72 Boynton Industrial Realty Corporation Office/Industrial Warehouse 212,142 SF 4.96 / 1,000 SF 1,052 Office 53,036 SF 9.14 /1,000 SF (1) 485 73A.73B,74,75&76 Premier Aq;et Management Office/lndustriaVCommcrdal Wareho"", 157189 SF 4.96 /1,000 SF 780 Office 39 297 SF 9.14/1000 SF (1) 359 77,78.79,80 CarMax Commerdal Auto Dealership 53,072 SF 23 / 1 000 SF 1,221 lots 81 & 82 Gateway Center Olfire/lndustriaVCommerdal Retail 77,375 Sf Ln {l] - 0_643ln (X) + 5.866 5,780 RestauranH a51 5,000 SF 379.34 /1,000 SI 1,897 Restaurant-Hi"" 5,000 SF 130.34 / 1,000 5f 652 83-88 Quantum Park and Vi""ge North Mixed Use Residential-Muhi 136 DUs 7/DU 952 Retail 102,235 Sf Ln m ~ 0.643ln (X) + 5.866 6914 89A SYStems Control, Ine. Office/Industrial Industrial 5,280 Sf 6.97/1000 SI 37 90 TriRail Governn.entaVlnstilutional Park N Ride 633 90 Gateway Professional Office Office/Industrial Office 10,200 SF 9.14 f 1.000 SF (1) 93 91 Ice Skatino FadliN lot 91 Office/lndustriaVCommercial Ire Skatino Fadlitv 93,430 SF (4) 549.5 / Rink (5) 1099 Lot 100 GrollO Bay Mixed Use Residential 42 00'. 7/DU 294 Unknown per County files OffiCE' Office 38,828 Sf 9.14 /1,000 SF (1) 355 TOTAL 2,391,034 SF (2) (3) 54,450 411A,B&C Watershed Industrial 344 Bed!; 4.50 /Bed I GRAND TOTAL I 2,391,034 SF 55,998 I VTSTED TRIPS I 63,752 I VESTFD USES COMMITHD USES Office 637,900 SI 498,535 Sf Commercial 728,768 Sf (2) 484,284 SF (21 Indust,ial 1,722,700 SF 1,408,215 SF Residential 1000 Dwelling Unit, 819 DO's Movie Theall'f 4000 Scats 0 TOTAl 2,391,034 SF (3) NOPe Equivalency Factors 1.000 SF of Office ~ 25 lheatr~ Scats 1,000 SF of Office ~ 1,540 SF Industrial 1,000 SF of Industrial ~ 16 Theatre Scats 1,000 51' of Industrial ~ 650 Sf Offire (1) Based on III 6th i:dition equation for 500,000 SF offiCE. (2) Indudes hotel rooms at 268 Sf per room, Auto Of>..alership, ~rants,C Store and Ice Skating Facility_ (3) Does not include high sc::hool, FPl Substation and TnRaJI. (4) Indudf"S 2 rinks and 8,~UO SF ~urant. (5) Source: ,rip C.eneratioo Study of Planet Ice 10 Palm Beach Garo€'os, October 1998 and restaurant trip geoerat.ion with ntemalization between uses. (6) 40% of quality ~urant trip gpneration rate per dlSCllSl5ions with County staff. 1 Theatre Scat ~ 40 SF Office 1 Theatre Scat ~ 62 SF Industrial PI"DER TROUTMfI" ,O"SULTI"Ci. I"c. Transportation Planners and Engineers 2324 South Congress Avenue, Suite 1 H West Palm Beach FL 33406 (561) 434-1644 Fax 434-1663 www pindertroutman com August 20, 2002 Ms. Lusia Galav Planning and Zoning Division City of Boynton Beach 100 E. Boynton Beach Boulevard POBox 310 Boynton Beach, FL 33425-0310 Re: Watershed at Quantum Park - #PTC02-90 Dear Ms. Galav. The purpose of this letter is to provide a trip generation analysis for Lots 48 A, Band C as well as an inventory of land uses and trip generation for Quantum Park. It is proposed to develop a 312 Bed Substance Abuse Rehabilitation Center located on Lots 48 A, Band C of Quantum Park in the City of Boynton Beach. The site is located south of High Ridge Road and east of Beta Drive Access to the site will be via two (2) driveway connections to Beta Drive. Neither Palm Beach County nor the Institute of Transportation Engineers (IT E) has published trip generation data for the proposed use. Therefore, three (3) days of traffic counts were conducted at the Watershed facility in Boca Raton. The calculation of Daily and peak hour trip generation rates, as well as peak hour directional splits are shown on Attachment 1 The raw data is provided in the Appendix, The proposed development is projected to generate 1,404 new daily trips, 117 new AM peak hour trips and 128 new PM peak hour trips as shown on Attachment 1 Projected driveway volumes are shown on Attachment 3 The Quantum Park DRI is an approved project, and is considered a Previous Approval under Article 15, Traffic Performance Standards, of the Palm Beach County Unified Land Development Code (ULDC) The proposed land use and intensity are within the limits of the original approval of the Quantum Park DRI, as shown on Attachment 4, therefore, the proposed project is not subject to the Traffic Performance Standards. If you have any questions regarding the contents of this letter, do not hesitate to contact this office, Sincerely, f~ 9 !fLicll~ Rebecca J Mulcahy, P E, I ~ (} Project Manager S !;}D { (),J- Attachments cc: Masoud Atefi Sam Pinson Letter Ca/av 02-90 8-20-02 Pi #PTC02-90 Trip Gen. Rate 02-90 7-11-02 8/19/02 Page 1 of 2 Attachment 1 Watershed Rehabilation Center Trip Generation Rates Independent Variable. Beds Traffic Volumes Three Day T rip Generation Time 7/2/02 I 7/3/02 7/5/02 Average Rates Daily I 289 I 236 231 252 4.50 /Bed AM Peak Hour 24 18 21 21 0.375 /Bed PM Peak Hour 29 I 19 21 23 0411 /Bed Peak Hour Directional Splits Traffic Volumes Three Day Directional Tillie 7/2/02 7/3/02 7/5/02 Averdge Spiit In Out In Out In Out In Out In I Out AM Peak Hour 15 9 12 6 13 8 13 8 0631 0.37 PM Peak Hour B .16 W 9 .1.1 -10 n -12 0491 OSI Watershed is an existing Rehabilation Center with 56 Beds located on NW 15th Street in Boca Raton. Attachment 2 Watershed at Quantum Park Trip Generation #PTC02-90 8/19/02 Tripgen 02-90 8-19-02 Pagp 1 of 1 DAILY Total land Use Intensity Tn p GeneratIon Rdte (1 ) Trips Rehabilitation Center 312 Beds 4 5 /Bed 1,404 312 Beds 1 404 AM PEAK HOUR Total Trips land Use Intensity Trip Generation Rate (1) In Out Total RpslnentiClI-Mlllti FClmily 112 Rens o 17'i /Ren(61/17) 74 43 117 TOTALS 312 Beds 74 43 117 PM PEAK HOUR Total Trips land Use Intensity T rip Generation Rate (1) In Out Total RpsirJentlClI-Mllltl Family 112 Rens 0.411 fRerJ(49/'i1) 61 6'i 128 TOTALS 312 Beds 63 65 128 (1) Based on Three Days of Counts at an Existing 56 Bed Facility in Boca Raton. o r ~ I ~. 130m> -< "'1"! ~ It ')(16) ~. 421 983 WATERSHED AT QUANTUM PARK o ~ o c:.:: w U o c:.:: I U I 22 (44) 983 o N T.5. ~ LEGEND I -AM PEAK HOUR -PM PEAK HOUR - AADT 08/20/02 ATTACHMENT 3 PROJECT DRIVEWAY VOLUMES ~ Allachmenl 4 Waters/lPd !It Quanlum Park Inventory of land Uses #PTC02-90 8/19/02 velllofy 02-90 &-19--U2 Pagel 011 Land u.e Data Masler Plan Actual Gross floor Trip C...encration tot O."..ner Desi~ati"" Dev~lcnme!lt ;\n~.a Role Daity Trips 1 (oart) Hamlllon Inn Office/lndustriaVCommercial Holel 161 Rooms 7.27 I Room 1,170 1 (oart) Orimnal Pancake House Officp/lndustriaVCommercial Restaurant 4,710 SF 130.34 11,000 SF 614 3 Quan!l!m Office.l\Na!"if"hoo~ tot 3 Office!!ndu~!'i2! Offi~ 23,339 SF 9.14 ! 1,(\00 SF (1~ 213 Warehouse 23,330 SF 4.96/1.000 SF 116 45 United Way Rotunda FOT N Office Office 16,442 SF 9.14 11,000 SF (1) 150 6 Stanton MaR"etics LLC Office/lnduslIial Office 5.356 SF 9.14 /1.000 SF III 49 Indusbial 27 732 SI 6.97 11 000 SI 193 7 Ihru 11 ContinentAll Homes Mixed u.e Residential 102 DUs 7 IOU 714 12,13,14 Motorola Office Office 100,000 SF 9.14 I 1.000 SF III 914 15 Coittronic-"'S Olficp/lndustrial Office 20,322 SF 9.14 11,000 SF III 186 Wan'house 15.240 SF 4.96 11 000 SI 76 20 Stiles Proocrtv Manal!ement (Allstale) Office/lndustrial Office 16,442 SF 914/1,000 SF (1) 150 21 2427 Gateway Blvd. Office/lnduslIial Office 17,579 SF 9.14 11.000 SF (1) 161 22 Boynton Masonic lodge office lodge 3,229 SF 36.6 11,000 SF (6) 125 Day Care Cenler Office Dav Ca,e 3,600 SF 79.26 11,llOO SF 285 23-31 Conlinental Homes Mixed Use Residential 169 OUs 7/DU 1,183 32,33,34A.34B 35,36,36.37 38 Prt"mier As.c;ct Manaeement Office/lndustrial Industrial 336,050 SF 6.97 11,000 SF 2,342 40,41,42,43,44 45,53,54 Palm Beach County School Board GoIIemmentaVlnstitutior,al Hil!l1 School 2,500 Students 2,283 4bAIPartJ ~n ~ntmel uffice/lndustnai Warehouse 22,700 ~I 4.96 /1,000 ~I 11.1 46A(part) 47A(Part) 47B(parl) llowers Bakery Industrial Industrial 24,000 SI 6.97/1,000 SF 167 47A(Part),47B(PartJ PJM & Ao;soc;ates Industrial Indnstrial 52,000 SF 6.97 11,000 SF 362 468,4/ B(p.tri).47C Sdfeiv l\1een h,uusiriClI Irluuslriai 14.624 SF 6.97 i 1,000 Sf i03 49 Canada Drv Distribution Industrial InduslIial 50,000 SF 6.97 /1 000 SF 349 50B Gdle InduslIies Olficp/lnduSlIial Warehouse 14.728 Sf 4.96 /1,000 SF 73 OffiCE 2,641 a 9.:4 il000Sfnl 24 J' 51A Curt O. lOA Olfice/lmJustrial tnduslIidl 27,000 SF 6.97 /1,000 SF 188 510 fkKida Power & lil!l1l SlIbslation Office/lndustrial InduslIial tctSl0 Gevas North ^me-rican HeadQuart~!"s Office/Industria! Office 4,tlOQ' SF 9.14 !1JOOOSF !1! 37 Warehouse 6.000 SF 4.96 11 000 SF 30 52 Mn Developmenl Omce/lndus1Iial Office 60 753 SF 9.14 /1000 SI (1) 555 ~.~ Puhlix SUflf"r Mark~t Inm.g,iotl Incfu...-ridl 420,000 ~F 6.97 /1 ()()() ~F 2,'127 56 Ouanlum Park Officp lot 58 Offi".../lndustrial Office 51470 SF 9.14 11,000 SF (1) 470 lols :>960 & 61 Grotlo Bay MixedUst- Residential 272 DUs 7 IOU 1904 62-67 ~-"~"'-_.J=-~ _ Residential-Multi 234 OIls 7 IOU l,63B Retail 82,260 SF Ln m ~ O.643lnIXl+5.866 6,012 General Olfice 32,010 SF 9.14/1,oooSF(1) 293 f------------ -- Restaurant ~0Qll~~ 89.95 /1,000 SF __ ~~ 65B(Partl Mobil Oil COfporation Office/lnduslriaVCommcrcial Gas Station 16 Fucl Pos. 2,795 Conv. Store 3054 SF 1,533 68A&B.69,70,72 Boynton Industrial Realty Corporation Office/Industrial Warehouse 212,142 SF 4.96 /1,000 SF 1,052 Office 53036 SI 914 11.000 Sl(l) 485 73A,73B,74,75&76 Premier Asset Mana~ment Olfi".../lnduslIiaVCommercial Warehouse 157189 SF 4.96 11,000 SF 780 Office 39 297 Sf 9.14 11,000 SI (1) 359 77 78,79.80 LarMax Commerdal Auto Uealersbio 53,072 51 23/1,000SI 1,221 lols 81 & 82 C,ateway Center Office/lndustriaVCommercial Retail 77,375 Sf ln m ~ 0.643Ln (X) + 5.866 5,780 Restaurant-fast 5,000 SF 379.34/1,000 Sf 1,897 ReSlauranl-Hil!h 5000 Sf- 130.34 i i 000 SF 652 8386 Quantum Park and Village North MixedUst- Residential-Multi 136 DUs 7 IOU '152 Retail 102,235 SF Ln m ~ 0.643Ln (Xl + 5.866 6,914 lJ9A S,-S::pms Contwl, Inc. Office/Industrial Industrial 5,100 J' 0.97 {1,000 Sf J' 90 TriRail GovernmentaVlnstitutiooal Park N Ride 633 90 Gatewav Prolessional Office Office/Industrial Office 10200 SF 9.14 I 1,000 SI(I) 93 91 !r-e Skatinc: Fadli!" [()\91 Office!lnduilli.I!Commerci.1 f""" Skatinn Fadli!." 93/-130 Sf !1) 519.5 ! Rink {5) 1.099 LoL 100 Grollo Bav Mixed Use Residential 42 DU's 7 IOU 294 Unknown per County Files Office Olfice 38,828 SF 9.14 11,000 Sl(l) 355 TOT".l 2,391,034 sr :2) (3} 54,450 48A,8&c I Walershed I Industrial I Rebab. Cenler 312 Beds 4.50 /Oed 1,4041 ICRAND TOIAll 2,391,034 SF 55,854 1 VfSTrn TRIPS I 0.3,7';71 VISTlO USIS COMMIlHD IJSFS olfi", 637,900 SF 498,535 SF CommE"raal 726,768 SI (1) 464,264 SF 121 Industrial 1,722,700 SF 1,408,215 SF Residential 1000 Dwelling Units 819 OUs Movie Theater 4000 Scats 0 TOTAL 2,391,034 SF (3) NOPe [quivalency Factors 1,000 Sf olOffice - 25 ThealIe Scats 1,000 SF 01 Office ~ 1,540 Sf InduslIial 1,000 SF 01 Industrial ~ 16 Theatre Scats 1,000 SI 01 InduslIial ~ 650 SF Office (1) 8asf>d on I TE 6th Edlbon equatIOn for 500,<XXl SF office. (2) Indudps tdP.t rooms at 268 SF per room, Auto Dealership. Restaurants,.C Stc"", and ICE Skating Facility. 01 OoPs not ;ndude I~gh school. !PI. SubslatiOll and TriRaiL (4) Indudes 2 rinks and 8,SCKJ Sf restaurant. ('i) SCXJrCp. lrip Generation Study of ~anellre in Palm Beach Gardens. October 199B and restaurant trip generation wilh inlPmalizalJon betw~ uses. (6) 40% c::A quality re!'taurant trip generation rate per disomoos with County staff. 1 ThealIe Scal - 40 SF Office 1 TbealIe Scdt ~ 62 SllnduslIial RHON ERNEST-JONES CONSULTING ENGINEERS, INC. CIVIL ENGINEERS . LAND PLANNERS TRANSPORTATION PLANNERS . LANDSCAPE ARCHITECTS SITE DATA Gross Area Drainage Area Building Coverage v= ,ir~]:~l Job Name Watershed Job # .02-9602 .} EXFIL TRATION TRENCH CALCULATIONS Date By' Checked by' SF 282,404 232,254 AC 6.483 5.332 Required Water Quality (0.5* Drainage Area) 2.67 AC-IN 15-Aug-02 Glen Hanks G~~d~ ~~),z- Top of Trench 11 I~ .1 Trench w= 8 Height 6 11 WSWT = 8 1 J weir crest= 11 0 k= 1.00E-04 du= 3 h2= 3 8+- 6 du= 3 ds= 3 W= 8 ds= 3 v= 2.67 sJ V " Lreq = Lreq = V k*(h2*W +2*h2*du-du^2+2*h2*ds) + 1.39E-4*(W*du) 354 LF 3 fto-' l'A!.4v'.rJe1? t cJZ< AU; 2 , ml EXFCALC920815 2840 UNIVERSITY DRIVE . CORAL SPRINGS, FLORIDA 33065 . Tel: 954.344.9855 · Fax: 954.341.5961 Professional Engineer LIcense: E86451 www.rejce.com Landscape Architect License: LC0000367