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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment January 23, 2002 Mr. H. P Tompkins 2295 Corporate Drive #240 Boca Raton, Florida 33431 RE. FileNo.. Location: Dakota Lofts NWSP 01-010 3010 South Federal Highway Dear Mr. Tompkins: Enclosed is the City of Boynton Beach Development Order for site plan approval granted on January 15, 2002, by the City Commission. To continue this project through the development process, please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable, with particular attention to the conditions added by the Community Redevelopment Agency Board. The full rectified site plan set is to be submitted as part of your permit plan package to the Building Division. The person managing your permit applications should be made aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable development order conditions in the submitted rectified plan set may produce unnecessary delays in permit issuance. Feel free to contact any TRC member for additional clarification of comments(s). Imoortant: If you plan to introduce any changes to your approved site plan over and above those required by conditions of approval, please contact our staff before submitting a permit package to the Building Division. All modifications to the site plan must be evaluated by our staff and processed accordingly Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, Michael W Rumpf Director of Planning & Zoning MWR/ad S:\Planning\SHARED\WP\PROJECTS\DAKOTA LOFTS\Site plan approval1etter after CC.doc City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 3342!Hl310 Phone: (561) 742-6260 . www.cl.boynton-beach.fl.us DEVELOhv.. r ORDER OF THE CITY COMMI~ ON OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME. Dakota Lofts APPLICANT'S AGENT H.P Tomkins Jr., agent for Dakota Lofts at Boynton Beach, LLC APPLICANT'S ADDRESS: 2295 Corporate Boulevard #245, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2002 TYPE OF RELIEF SOUGHT New site plan approval for 19 townhouse units in a Planned Unit Development (PUD). LOCATION OF PROPERTY 3010 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of I?oynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _HAS HAS NOT established by substantial competent evidence a basis for the relief requested. .' 3. The conditions for development requested,by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included" 4 The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof DENIED 5 This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order 7 Other DATED' City Clerk S:\PlanningISHAREo\WP\PROJECTS\oAKOTA LOFTS\NWSP Ot..Q1Q\Site plan DO.doc EXHIBIT "e" Conditions of Approval- RevIsed 01-03-02 Project name: Dakota Lofts File number' NWSP 01-010 Reference: 20" review revised plans identified as New Site Plan. File # NWSP 01-010 with a December 6, 2001 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: I Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. as stated in LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(a)). 2. The existing well, as shown on Parcel 2 of the survey prepared by O'Brian, X Suiter & O'Brian, Inc. dated July 17, 2001, is considered a community well. It currently serves the dwellings at 2 Virginia Gardens Drive and 821 Bamboo Lane. It will be a requirement ofthe applicant to either I) connect this residential dwelling to city water that is available to it, or if that resident owner elects to forgo city water, 2) install a new well to serve the residential dwelling. FIRE Comments: 3 The fire engine turn around area at the southeast comer of the subject X property shall have a minimum centerline radius of 50 feet. POLICE Comments: None X ENGINEERING DIVISION . Comments: 4 Permits must be obtained for work within the public right-of-way (LDR, Chapter 22, Article II. Section 7). X 5 Show aU existing utilities on Site Characteristics Map (Survey) and Site X Development plan (LDR. Chapter 4, Section A.3). Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 6. Show flow data graphically (flow arrows). Provide details for exfiltration X trenches, catch basins, and manholes. Indicate, by note, that storm water will be contained on site (LDR, Chapter 23, Article II.F ). 7 Provide data of underground soil conditions (LDR, Chapter 6, Article IV, X Section 9). Proposed site is in close proximil) to the Intracoastal Waterway and muck excavation is more likely to be encountered. (LDR, Chapter 6, Article IV, Section 9). 8. Add a note to the landscape plan that within the sight triangles there shall be X unobstructed cross-visibility at a level between 2.5 inches and 6 (six) inches above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). Show sight triangles graphically on the site plan and landscaping plan. Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadwavs. 9 Provide an irrigation plan in conformance with the LDR, Chapter 7.5, Article X II, Section 5 10. Provide signing and striping plans in accordance with the LDR, Chapter 6, X Article II, Section 17 and Chapter 23, Article II, Section B, which identifies all necessary traffic control devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. Also see City Standard Drawings B-98001 and B-90013 for strioinl! details. 11 Provide detail for dumpster enclosure area (LDR Chapter 7.5, Article II, X Section 5.J., Chapter 9, Section 10 C.3, and City Of Boynton Beach Standard Drawinl! A-88007 12. Provide a typical section for parking lot pavement conforming to LDR, X , Chapter 23, Article II.O 13 If the houses are fee simple, then a plat shall be submitted along with X construction drawinl!s. 14. The road on the south side of the property (Bamboo Lane) is deficient with respect to right-of-way width and pavement width. Bamboo Lane will be X required to be widened to 22 feet, to the entrance to the development, to meet minimum street pavement widths (LDR, Chapter 6, Article IV, Section 10.c). Because Virginia Garden Drive has been determined to be a private drive it will be exempted from any upgrades to the roadway However a turn-around area shall be provided pursuant to Chapter 6, Article IV, Section 10.D). Streets shall be designed in accordance with all applicable sections of the Code and LDR. IS Provide details for water, sanitary sewer, and storm sewer improvements. X Provide detail(s) for the water line crossing with sanitary and storm sewer. BUILDING DIVISION , DEPARTMENTS INCLUDE REJECT Conunents: 16. From the FIRM map, identify in the site data the title of the flood zone that X the building is located within. Where applicable, specifY the base flood elevation. Ifthere is no base flood elevation, indicate that on the plans. 17 IdentifY the floor elevation that the design professional has established for the X building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving! drainage (civil plans), 18. At time of penn it review, provide a completed and executed City unity of title X fonn. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the fonn. The property owner that is identified on each deed shall match. 19 At time of pennit review, submit signed and sealed working drawings of the X proposed construction. 20 At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the allev rirrht-of-wav or easement. 21 Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required for the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings that are required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. IdentifY on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the , Florida Accessibility Code for Building Construction. Please note that at time ofpennit review, the applicant shall provide detailed documentation on the plans that will verifY that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. 22. At time ofpennit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Conunents: 23 List on the site plan the site elements for which recreation credit will be X provided. 24. As a condition of issuance of a land development order for residential X Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT planned unit developments, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes and according to the standards and formula in Chapter 1, Article V in the Land Development Code. The total recreation dedication requirement will be calculated as follows: 19 d.u. x .015 acres = .285acres y, credit may be given against the requirement ofland dedication or payment of fees. y, private recreation credit will be calculated as follows: .285 acres / 2 = .1425 acres The Developer may want to consider dedication of the land, or a combination of dedication and fee. 25 If the property is not required to be planed, the recreation dedication fee will X be due prior to the building permit bein~ issued. 26. Provide to the Parks Division at the close of the construction contract as-built X olans showing locations of irrigation lines in the rights-of-wav and medians. 27 In order to earn y, recreation credit, the developer needs to provide a X minimum of 5 of the local park basic requirements listed below, or a combination of such, and other recreational improvements that will meet recreation park needs of future residents of the area. Children's Play Apparatus Area Landscape Park-Like & Quiet Areas Family Picnic Areas Game Court Areas , Turf Playfield Swimming Pool & Lawn Areas Recreation Center Building 28. In the opinion of the Parks Department staff, the recreation elements shown X on the plans do not meet the needs of the future residents. At a mutually convenient time, the Parks Department staff will be happy to meet with the developer to discuss available options to meet the intent of the recreation dedication reauirements for the project. FORESTERlENVIRONMENT ALIST Comments; None X PLANNING AND ZONING Comments: DEPARTMENTS INCLUDE REJECT 29 The subject property must be platted prior to the issuance of any building X permits. 30. The ground level HV AC units shall be screened with landscaping. X 31 On the site plan, show the location of all outdoor freestanding lighting poles. X Provide a typical drawing that includes the height and color I material of all proposed freestandin~ outdoor li~hting poles. 32. Include a color rendering of all elevations prior to the Community X Redevelopment A~encv meeting. 33. The floor plan (sheets A-I, A-2, B-1, and B-2) must include the scale of the X drawing. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: 34 Condition #3 shall be revised to require that a 40-foot wide (min.) emergency X access way be provided at southeast comer of project and kept clear of tree trunks and shrubs, and stabilized. 35 The east facades of the "A-2" units shall be designed to prevent visibility X from units (second and third stories only) onto adjacent single family properties to east. 36. Project shall include decorative lighting fixtures not to spill light onto X adjacent simde familv prolJerties. 37 Enhance landscaping along Federal Highway particularly at north and south X corners of project. , 38. Provide aesthetic gate or barrier at emergency access point at southeast corner X of project to prevent non-emergency use of opening. 39 Provide enhanced project entrance, in part, to include landscaping, signage X and possibly a fountain. ADDITIONAL CITY COMMISSION CONDTlONS Comments: 40. To be determined. J:ISHRDA T AIPlanninglSHAREDlWPIPROJECTSIDAKOT A LOFTSINWSP 01-01 OICOA revised.doc COMMUNITY REDEVELOPMENT AGENCY Schedule of Regular Meetings 2nd Tuesday of each month Conference Room C - West Wing Boynton Beach City Hall 6:30 P.M. PLANNING & ZONING AGENDA ITEMS December 11, 2001 A. PUBLIC HEARING Old Business Site Plan 2. PROJECT NAME. Dakota Lofts (Tabled from 11/13/01) AGENT H. P Tompkins OWNER. Chan's Enterprises LOCATION 3010 S. Federal Highway DESCRIPTION Request for site plan approval to construct 19 multifamily town homes on two (2) acres. S:\Planning\SHARED\WP\AGENDAS\CRAB\CRA P&Z Agenda items 12-11-01 .doc HPT ONSULTANTS, 1Ne. 2295 Corporate Blvd, N. W Executive Court One Suite 240 Boca Raton, FL 33431 Tei 561-998-0955 Fax 561-997-5721 Emaii: hptcon@beIlsouth.net PROFESSIONAL ENGINEERING LAND DEVEI.OPMENT . SITE EVALUATION . GOVERNMENTAL . PERMmlNG . TRAFFIC ANALYSIS & CONCURRENCY . PROJECT MANAGEMENT . ENVIRONMENTAL July 30,2001 Mr Jeffery Livergood City of Boynton Beach Department of Development Planning and Zoning Division 100 East Boynton Beach Blvd. Boynton Beach, Florida, 33425 RE. Dakota Lofts 19 Multi-family units Dear Mr Livergood, HPT Consultants, Inc. was retained to prepare a trip equivalency analysis for the above referenced project. The project is located at 3010 South Federal Hwy and is presently being utilized as a family restaurant(Sun Wah Chinese Restaurant). The proposed project will consist of 19 townhouses. The existing restaurant is approximately 11,500 SF in size and will generate 2008 ADT, including using a 15% pass-by rate. This is based on the ITE trip generation rates for a family restaurant. Therefore the existing restaurant is vested with these 2008 daily trips. The trip generation calculation for the proposed development equates to 133 trips per day according to the lTE trip generation rate for multi-family residential units. This will result in a net decrease in daily trips of(-1,875). Since the total average daily traffic generation expected from the proposed project is less than the vested daily trips, a traffic study is not required. If you have any questions or need any additional information please feel free to contact me at 561-998-0955 Sincerely, ~t",;~l'""~~'~_ ,'" . '.. ,.J ~ I '~t' \' ;J 1'1'1:' j 1 J 1"/, ,~ ...~ .~~~..~/0 "" . :'~\f/C .~.."..:/ '; ..~ \ ~~ ..." . :: ;.".:/" .,.(\, -.:;... . - ,-." . ... ~"\''l. H. P Tompkin , ,m,> BE Principal-in-Charge .....c .c .." ~ ..r I ;;V/J-VJftH ~6T-l\UltbuT PRE-APPLICATION MEETING LOG Meeting Date: O'=>- 24-01 PURPOSE OF APPLICATION: /'1f ZONE: . C -3 PROJECT NAME: Time: 3'70 "'--'- Attending Staff: V,'c. Attending for Applicant: Phone: ':;utJ W 1>./1 ~S7,6vu.)./-r Fax: Name of Owner:_ \ ~MWlI5" M. ~ Address: "Ui\ 9D t 11\ Phone: -'Yty 3W6~4-2.-~ Name of Applicant/Contact: Fax: (~'$ P-<<') fJ Address: Phone: Fax: PROJECT ADDRESS: Phone: TYPE OF APPLICATION: TYPE OF BUSINESS: Date Submittal Received: COMMENTS. Date Denied: \forms\Pre-Application Meeting Log.doc , PRE-APPLICATION MEETING LOG MEETING DATE: -::;-_ /9- tJ / APPLICATIONS: tIlUAL ZONING DISTRICT: PROJECT NAME: TIME: 7!'a () I'M ATTENDING STAFF: il5/~ 4A<4V ..!OS&- ItLFI#M ATTENDING AS APPLICANT: flll%S l?Mfl!-I JJS PHONE: 57P1- 'i'M' - 69.53"" FAX: NAME OF APPLICANT/CONTACT: ADDRESS: PHONE: FAX: . PROJECT ADDRESS: /)j I ~K PROPOSED TYPE OF USE/OCCUPANCY: DATE SUBMITTAL RECEIVED: DATE DENIED: COMMENTS: ~ 1& Zt/lI-l' *' ;<'-.3 ad o I,) ()~ !?tmJ lUr 6~- u. - ;Yi - IC/I .~ txT /1/2(Joo CfZt:} ~> J:\SHRDATA\Planniog\SHARED\WP\PROJECTS\PRE APPLICATIONS MEETING LOGS\Pre-Apphcatlon Meetmg Log.doc (j JAN-04-20u2 02=56 PM KRI~TEN CONTI 561 742 4281 P.O! / , - . Salefisb Realty Inc. Salefish Realty Inc. 532 East Ocean Ave Boynton Beach FL 33435 561-738-6613 Office 561-738-791] Fax kcse 11 sre@:flinet.com Date:~ To: -GJJIhiu, ~M~ fax#: 'll./J- ~ t.o8q pages:--1J frI, ~ ~ r~ II I\;" r,; <,,',< ji./ -'-~-?..'ii ill' ,I . , II Ii II JAN : I"~? ;;I! " ._.y'_ ,1'...1. , --./ DE.o?::--:-.---:::--J 1,.." -~~_ - ,,,;,_~, -.....L;.Di~I'NT ~~:J::;r 1~~n. ~u:Z;' ;,:j!:;:r JAJ,(JfJ1 fh- cJ,,, fJ~u.h. j g, iJon MOl/I l'tfl-~'dJ1 t'UJ Io-J/JD ~,,. I'IJII"W. _U/L u.JlI 4ft :Jf)l.J ((Jilt/ii, of .j:a;f' /1)_ 'fhtvt/t.. rJ f }(J(v epr1'''~ ~Mn4: /JI1b1uJ O~. 561 742 4281 P.02 T.At~-04-2e02 132 57 Pl'l KRI~ .EN CONTI . . ~~ ~. ;' ,\ fE'E IG r~ n "Iv7 If;' I'~ ~Ir-- _. u ." n ._,._.~_~ ':;:::1 <--, d j I I J ~.... :, I' JAN) " ", 'l 1:,11, i....; DE2\," .-~-::;--- J i p~ J,' AGREEMENT THIS AGREEMENT (the "Allreement"), dated this _ day of .200_, is made by and between DAKOTA LOFTS AT BOYNTON, LLC. a Florida limited liability company (henlinafter called "Developer"), whose address is 2290 N. W, Corporate Blvd., Suite 245, Boca Raton, Florida 33431 and David J. Conti and Kristen Conti (hereinafter called ''Owner''), whose eddress is I Virginia Garden, Delroy Beach. Florida 33483-6305 RECITALS WHEREAS, Developer is the foc ,imple ownet of certain real property located in the City of Boynton Beach (the "City"), County of Palm Beach, State of Florida, being more particularly described on Exhibit ~ attached hereto and made a part heteof(hereinafter "'the Property"); WHEREAS, Dcveloper proposes to construct multi-family residential town home units upon a portion of the Property (hereinafter coiled the "Project") in accordance with the proposed site plan which is attached hereto lIS "Exblblt D" and made a pan hereof. as same may be amended or revised from time to time by the Developer in its sole and absolute discretion (hereinafter the "Site Plan"); WHEREAS, Owner is the fee simple owner of certain real property located adjacent to the Property, being more particularly described on Exbibit "C" attached hereto and made a part hereof(hereinafter the "Owner's Lot"): WHEREAS, Developer and Owner desire to enter into this Agreement to document eertain agrcemcnts made between the parties, lIS more fully set forth herein. NOW THEREFORE. in consideration of the mutual covenants, benefits and agreements of the parties hereto and the sum of TEN DOLLARS ($ \ 0.00) and othet good and valuable consideration received, the recelpl and adequacy of which is hereby acknowledged. the panies do hereby agree and acknowledge the following; Recitals; The above recitals an: true and correct and are incorporated herein by this reference. 2. Easement A~eement. Attached hereto as Exhibit "0" and made a part hereof is an Easement Agreement (hereinafter thc ~Easement Agreement"), which sets fonh and provides the Owner with cerrain easement rights over portions of the Property The parties agree that upon the Developer's receipt of all the City and other governmental approvals necessary for the development of the Property, the Developer and Owner shall execute an original of the attached Easement Agreement. Developer shall teCord the originlll ex.ecuted Easement Agrecment af\er all of the ~ite development work and construetion throughout the Projcct has been completed by Developer and are available for use (as evidenced by Developer Obtaining the final slgn-offs and approvals of the applicable gove",mental authorities), or prior thereto, at the sole 0 tlon of the De 3. Owner's A~recmeilt to Coo~rate. As consideration for the Developer entering into this Agreement and entering into the Easement Agreement, Ihe Owner agrees to fully cooperate with Developer in otder to ensure that the Property obtains the City and/or other governmental approvals necessary for the development of the Project. 4. Ocvelooer's Ria"t to Create Leilal Descriotions. The panics acknowledge and agree that the exacllegal description of the Vehicular Access Easement Area (as more fully described in the Easement JAN-04-2G02 02:58 PM KRr~ ~N CONTI 561 742 4~81 P.03 ; I ( Agreement), has not beeln determined, but shall be reasonably determined by Dovelloper at a later date. Upon Developer's determination of the exact legal description of the foregoing. Developer shall be automatically permitted, llpon providing the Owner copies thereof, to attach the legal description of the Vehicular Access Easement Area to the Easement Agreement as Exhibit "e" thereto, without any further action, consent or approval required by the Owner 5 Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date on which the last of the: parties hcreto executes this Agreement, Thc parties agree that this instrument shan not be recorded in the PUhllc Records. 6. TerminationlAmendmenr/Mo<Iiticatlon. This Agreement (and all exhibits attached hereto including hut not Iimitcd to the Easement Agreement) shall be deemed automatically terminated and of no force or effect in the event 0) the Project is not approved by the City or any other governmental bodias having jurisdiction, in accordance with me Site Plnn; (ii) Developer, in its sole discretion, elects not to proceed with the development of the Project: or tiii) the Owner takes any actions (or fails to act as required herein), in a manner which is inconsistent with lIS obligations set forth in Paragraph 3 hereof. Except as otherwise specifically provided in thi~ Agreement, this Agreement may be amended, modified or terminated, in whole or in part, at any time by a written instrument, executed and acknowledged by the Developer and the Owner, or their successors or 115signs. 7 Governins Law This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, County of Palm Beach and, unless otherwise terminated as provided herein, shalI be binding upon the heirs, successors and assigns of the parties hereto, it being the intent hereof that the rights and obligations hereunder shall run with the land and follow the ownership of each party's respe<:tive property, 8. LitiaatioJ\. Irany party institutes any legal action or proceeding for breach of the provisions of mis Agreement or the enforcement of any right or obligation herein contained., the unsuccessful party in such action or proceeding shall reimburse the successful party immcdiately upon demand for all reasonable costs and expenses actually incurred in connection therewith, including, but not limited to, reasonable attorneys' fees and expenses. 9 Remedies. In the event of a breach by any party hereto of any obligations hereunder, the other parties hereto shall be entitled to obtain an injunction or to seek any other remedy available to them uncler law or inequities. The parties hereto acknowledge the potential inadequacy of legal remedies and the irreparable harm which could be caused by any such breach and in connection therewith agree to the remedy ofinjunction provided herein. 10. E$ibits. Any exhibits attached to this Agreement or any amendments or exhibits hereto that contain sketches or depictions of lots(s), common properties, lakes, roadways, improvements, or any other items shown on the cxhibits, if any (the "Sketched Item(s)), shall not be binding as to the existence, size, dimensions, locations or identincati')n of any other aspect of Sketched Item(s) and shall only be for informational, reference, conceptual and general schematic purposes only The Site Plan attached hereto is a proposed and preliminary site plan or the Project and may be subject to change from time to time at the Developer's sole and absolute discretion. 11 buthori~. Owner represents and warrants that it has full right and authority to execute and deliver this Agreement and that it is the sole owner in fee simple of the Owner's Lot. IN WITNESS WHEREOF, the Developer and the Owner have each exe<:uted this Agreement on the date set forth below JAN-94-2002 02 59 PM KFI ~N CONTI 561 742 4281 p.a4 :111...1111.1 "Dr! EASEMENT AGREEMENT ~-' ~ md blurn In! ww.u. M. DeP.alI. EIcl. HOLLAND a ICNtOHTLLP Oat So JkawIrd Blvd., SaItI1300 Ft. Lauderdale, Florida 33301 EA.ft1lft1\lT AGUEMENT THIS EASEMEN'l' AOREEMBNT (tb8 ""- -mt A_>mt") is IIIIdll tblI dIy of . 200 by and ~ DAKOTA LOrn AT BOYNTON, LLC, a F10ricIa 1iIIIitocIlilbility COIIIpaDY (.~oper"). having Its principii office at 2290 N.W. Corpc.nte Blvd... Suite 245, Boca RaIDD. Florida 33431 &lid David 1. COlUi and ~ Conti, ("ew-''), whose addraa is 1 VirPDa Gardea, DelrayBmcb. Florida 33483-6305. UCITALS WHEREAS, ~elOpel' is the fee simple QWIIet of ~ real property locaed in Palm.Beach County, Florida, being more particularly described on Exhibit "A" lllIached hereto and made a pan baeaf (hereinafter tile ''Pr9pertylt); WHEREAS, Owner is the: fell silllplc QWllet of certain real ptop8rty locat=d adjacent In the l'Iope~, being more particularly dlSCl'ibod on lii..hlhh "'8" 8Il8I:hed hemo and made a part hcnoof (hcreUWlz:r the "Omler's Lot''); WHEREAS, Owner bas n!qu=lled that Develop<!l' 8J'Illt certain easement rights to Owner, fIll'the belIefit of OWIles's Lot, as more fully 5Ct forth hemn; WHEREAS, Developer ha5 apd to gram such c:ascmlOIIt rights, !;IIbject to the - and eoaditiOllS =n1Iined herein. NOW, lHER.EFORE, ft:r ami in CO/Isidcrarion ofthc mutual ~ benc:fits and asree-nt of tho parties theteto and the sum ofTEN AND NO/too DOLLARS (SI0.00) and other good and wluable consideruion, the =oipl and suft'\eiency of whlch ani h_by llOknowl<<lgcd, the pmti... do bereby ap as fbllQws: I. RecitalS. The above recitals ale true and correct and illc:orpom:d beTeln by this Id~ JAN-04-2802 02 59 PM KPI~TEN CONTI ~ ~y- 561 742 4281 P 05 ( ( 2. tllr" 'Il-"'I:/ 6""...1:1- lIll/Ito SutUect to allY CIlqlI\lSI GCXIdhion.. IimhIdona or rescrvatianI aonIIirled heniII, o-vtloplF bcreby pnts unto Owner, tilt the bIneftt of 0WIIIlr'. Lot, a papewalnaa..excMlw iJIaren. ..... a8ll aecea tlIMll1"Slt over md acrou 1bt I'OI4wayI COIIIlnICled or to be caraslruc:tIIld QQ that poctiaIl of PNpIrty mere ~ descnW on ll~hn.1t Me" ,.....b0t4 hereto IIId IIIIde a pII1 beleof (die "Vehkuhl' A<<esa F- r /J'''''t Area"), for veIJicuIar trafBa, togahcr with the: ri!!:fd: to '\lIIflb Veb!eqlllll' AJ:O/!IJS E.-.u Ana tbl' adeqUlllc and WlObslrucll:d vdIicular JlI"nge to aaci m Vil'giaia Gardens ($Bid roMway bemSlocdcd widlin die .....1b...1\ bouDd8ry oftIM Property), ~ ~ t.- (Aid ro.dway bem& Ioc:8red adjIceatto die sourbarIy bolllldary of1lle PI~). The_rment piled bcnia sb&Il be filr inpa, ~ and_ pwposes, hllle \1M md benelIt clall pAMIlt IIId &Ian_ of aU or allY portiOll orOwncc's Lof, but shallllClC IllcJude the rigid: Ia pat upon IIIIy pIlItioa oftlle VelI.".... Acczss EasIlinent Ana or any olIlet pcrdOD oflhe PlOpIIty. A. F.ig.ht to relocate. Developer sIlAll bave the unilatcr:ll :ig/!t, but not lhcl l.lbligation, . any time, in lIuole cIiac:nldon iIIIlIlIt its 1010 colt and. lIXpeIUll., 10 telOCl'te lIle Vebieullr A_ Eanr.rellt Area providrd that SIlCb rcI0cad0a of !be VebicuIar A_ EU8lDent Ma does not pmDaIICIlfly int<eaupt or probibit vehladar __ by !be OwnertD and torn lIle Owaer's Lot. B. Access tbmullh Oates. In the event Deve. Inlel1ds 10 construct entry galm lit any eIIDlUIce to the PropatY wblc:h would resIrict tho OwIler's ability III obtain Inps&, cgr\lSS or accas to the Owners Lot, IS set Collh abovlt, Developer sbalJ provide Owner with any Ipploprlarlt IlIltry cards or l:Odee which may be required for Owner 10 obtain IIC(.e8S through sw:b gates prior to Dewloplr's c:ompkltion oftbo insIalIlIlillll of SIlIlO. OwIlI:ts use oftht VClhictWr Access J!uement Area and any gates whi<:b may be ~str\lc:ted upon the Property shall bo:: subject to IDY ruhls and regubtiOll!l promulgated by tbe DeYeIoper or tho Ccvc:loper's Associadon (as IIereilIaflBr defined) front _ to limI relating to lIlIlII.. ). ('.....1 I'.......-t o.veloper iJ !be OWllCl' of that certain propeny described on ~bibit ''D" and JlIIde a part hereof' (the "Cmall'ro~'), "po" which is _tnlCted a caaal. Subjclct CO any eiXJl(ee conditions, Umitadosls or reservallD115 conllliatd bath Developer hmby grants unto Owner, for the benefit of ~s Lot, pcrpetuaI DOII.exc1us1ve UlSf!IlIent righla to: (i) QOIlSQ'Ugf, lMtAIl and malnlllin a dock (the .OWDC's r>ock") within the c-I P,o~ Dl<l (ii) fur access rM:r and acl'OSS lhcl CMal Prop.:ty, from tbo Own<<, 00Qk IIllht InlraCOaslal WIIUfWay, wbi<:h is 10CUed adja<:ent to and east of tho Canall'rcpcrty. A. Dcvelotlel"s All,P'OVaI of Owner's Dock. Prior CO col1lllHll1Cmg tho construction or instd14tion of a dock, or any n:novalions to a dock which cumatly Of may cxlst wllllln the Cana1 Property from lime to lima, (}.wet shall subn\it all plans and S)lIlCIflcmiOIlS for tile proposed dock, or renovations (the "Dock Planaj to Developer for Developer's priOl' written approval of same, sucl1 approval not to be unreasonably wllhheld. The Owner's D~k shall bt <:otlsttuc1M and maintained in accordance with the Dock Plans and all appllc.bl. laws, codes, ordil\8llQO$ and rcguladoll5 of !QVCmDlCtltal edtities baving jurisdiction owr tho Canal Property. Notwi1hs1andins the ibresoing, no docks or other relall:d improvelJlenJS iIbaIl bo:: constt\lcll:ld, ~ or placed by Owner wi1llln I!Ie CaIlaI Pl'operty, nor shall ihe Canal Property be used by the OWnC'l' In a lIllUUler, whicb would restrict or limit tIlco ability of other third pctlllS ba.ving riglm; to IlSI; the Canall"rop..rty to navlgare boals and ocher vesseJs within tbe CaMI Property. !levcJoper's approval oftbc Docie Plan. shall DOt be deemed to be ~bly wltbJlc1d if such Dock PIaIlS lII8 deetned by tbc Dewl_ to ""ptivol)' .... 1tle "sh' linG abililY of any tbinI pottiw 10 IIOD tbe CanIlI J'tQpcrty, B. MaIntenance of Oook. n. Ownel's !)oclc shall be lJlllmjped at all tillles by Owner. at ils sola cost and expense, in a neat IUlI1 sisbtJy COIldition and in SOIld working order, 11M rights gJllIIICd to Owner undet this PlII'lIV"ph 3 .., rlM' ~ of pczmittll1g the ~ ottl1c Owner's Ooc.k wI1ich ., or may be 10ClIted within !be Cana1 Property trom time TO dme, ana sbaIlln<:l1lde tile riahl of ~AN-04-2002 03:01 PM KRI--EN CONTI 561 742 4281 P.67 ( , ( The Owner sbIll DOl bo pamlltted to waive DI' Olhenvdo IlIOIpO 1labIIity fer d1e Owur'a ho-Rata SbIre by noftollM 0( lbe 0-'1 Daci. or 1M CaaIJ Proporty. 4. U.. at Jl.......-r Ri~mIIltdetqJlifieariOn TH OUGIIelIt riahD FlDl1Id berIln abalI be IIBIld by Owner in such . IlWIIIeI' tIW: (i) is ClOIIIiltellt with any bulldlllp and implvt..mllllll ~ lIpllD or to be cotlStnlallld upDlI the Ploperty; (h') is COII$i$trmt with and willllOt imI:dere with the rights of the DeYeloper. the D.wloper's AIsOciation or Ill)' third pany to ex.ezcise IIlld eJlJoy lilY rights it.may bve to ll5II the c-J PropertY; and (ill) wlll minimize iu1e.r..__ wilh and will be compedble with tbt caaal1'llCtion and ... ofbWdill8lS md impt'OY1lmaatl. The 0wDer ahaII "'W'll;iY ad bokllbe Dtnloper and the Developer's AAOCiation h#ml_ ftom ~ against aI1 cllarges, cIaimJs, 1iabllitlea IIld ~ (lllclwllllg reascmabl. alIXlmcyJ _ and cxpcllIeII) ",lilted to llCCidcD1s, injlll'ics, loss or .-.. of or to any person or property arWng.from me vwner's and its guats, lieen.-lIIId inviu:c.s, 11M oilbo Property, or any oomon ihetcof, and the OWIIlll"S Dock. S. Anianment ofDewlotlOl"s Ri""r.. The pllClits agree tl\u Ocveloper shall at all times bave the right to CQIlvcy the Property aad/or assl8lllts neveloF' rights and obligations h_der to . plol*t)' ownc:rs assoc:lalicm., homeowners associalloll, atldlor condomhdum association ereated by Developer tbr J'Ufll'*S of maintaininS me I'.operty by _, of convoying aU or any portion ofthc !'roJlIIfY to $aiel assodatWn(s), submittiDg all or lID)' ponIon of the f'nlpaty to . Declaratioll ofhstrictlollS, or by assisninl its riJbts and obligations hereunder to said _iatiOD(s). Upon suoh OOM~ s\,hmittal or assignment, Developer shall bo released from allliabUities and obligaticm bereUJKler and such property owner$, homeoWners or condominium OWD~ associaliOll sbaJl be solely ~poasIble for all obligatiOllS of Developa' hemmder and s/lall hll'ie lbe right to enforce all rip ofDevelopcr hlll'Cllnclc:r. 6. Bbvfi"tr Efft!ct. 1\11 easea... ~ herein sbaIl be binding upoll tflc psrties, their ce:5J>-tl.c IMbs. 1epI ~ SUCO:esIOIS aucI assigns and sha1I be for the use and belIeflt of all pIeI5eIIt and lIIaae 0WIICll1 of tho propeny, their \ImaIlts, QUot......lI, IpIllS, mvillles, Ii_v=s, pIeStl, ~ and/or rnort~ ofall ohny portIoa of tho 1'....1"'1ty bIlreunder. 7 TJ3l\5la- RilIh1s. Nothing contail1cd in this Easement Agreemem sha1I be deemed to be a lift 01' dediealiaI of any portion ofthlll\cpcrt) to the general public or fur any public use or purpose whmoever, It beU1g the Intmtloa of tbe parties hemo and !heir SIICCeSSQn and -sns. that nothing In litis E__- Agreement. oxpreucd or implied. shaD c:omer upon any pclSOD, other than the parti8s hereto and their succe=l"5 and asslgllS, any rights or remedies under or by reason of this Easen\aIItAgn:emem. Miscellaneous. I/: 3. (). tfJ.I(I r A. If any provi$icn of1his Easement A;reemcnr, 01' portion thcroof, or me application thercofto any pcnlOO or ~ shall, to lIfty elCImt be held ilIve1ld, inoP-live 01' uneaforeeable, the rwmaindcr of this Easemeut Agreement, or tho application of such provision or poI!ion dweofto any othl;T pmooa or ~ shall not be a1'f'cctcd tb.-cby; It shall not be deemed that any such invalId JrOvision at'l'ects the ~on for Ibis Easement AgreeIlIllIII; and each provision of this EasementAgrecmCllt shall be valid and cnfol'Cellble to !be !\illest extent permiUed by law. B. Thill &scmcnt Agreement ,hall be cautrUed in accordauce w1lb !be laws of the Stale of Florida. C. NoIhin; In this Easem=nt Asmmcnt shall be .:on.strUed to make the partlc:a hfRto pItlI1Cn or joint venturers 01' rmder any party liable forthc debts or obligations of the othet plIl'lies haeto, 0. Un1... o~ 8plCiftcally provllled herein. this l'!a8ement ,\pmcnr, and the _ent rlpa c:onlBinc:d hCnlill. may nor be amended, modified, or tennlnalm excepl pursuant ~AN-04-2ee2 03:02 PM KRI~TEN CONTI 561 742 4281 P.08 ( , ( ~\~~ ~ to wriUCa iDalrI.aaa, 9lIJ'C''tId w1lCb1owledged by III otthe pIItica IIIrolo or tbtlr 111_ __JOn or IlliplS, lIIId IICO!ded IIllflc Public Ra:onllI 01 Palm BNch Couaty. F1orIda. B. ThiJ ~ Ajl_1l11111J be dIctl"" 011 .. daIIt lWllCl'Clad la dHt Publlo ltMrda aad .un be biadillallld iIWre III tIw bIafit ottlw ~w boin, lepJ ~ Sllllr_lln IIIlI assip at 0ricI0pel' and Clwlw berela, it b.iDs tbc inlIlm bcIeof'that die ri&IdS aad obllrJ~' lleNWlder au JWI wiIh 1bI J.nd IIlId t'ol1cJw 0WIla'Sbip oftbe .P\<lI-tr met 0wW. Lot.. F. Dcvcloper reserves tile righc 10 ptt Mb addltlcIIlII ~ ----<lo'" 'UIIdIIr. OWl' IIId lllItOS8 111. V ohiC1l1ar A.cc:ess Easement Area aIl4 the CaDalI\~. fa its _Ie IIld ..... d:ac...liuu, without tho need for the COIlSeIlt or jolDdw thInito by the Owner, or IllY CIllw par-. providecIlbIe such llIdiliooal _--- do lIOI: adversely aft"eCl or i"...r..~ with the ri~ com>eyed tQ 0wJlllf bImn. G. NothiDs IlOfttlIiIMoI in this ~ A~ thai! be CClIISlrIled .. CZ'CIIia& WIt'f riI\IlI ill the gmera1 public or as dedk4ting for public \1St any portion of tho Pl'OpetIy. No -r. e:a:.;ept thoa cxpn:ssly .. t'orth hereiIl sbaU be Impnod by this Easement Acl'~.ne4L 9. ~utltoritv: Owner n:prescnts and warrants that it has full right and authority to execulO and deliver tbis Easem.CI1l: Asr-ncnt and that it i. the solo owner in reo siPlple of the Ownet's !.of. IN WITNESS \VlIE:REOF,lhe DneJoper and the Owner have each executed this Easement Ail_c on lite... 1ft for1h below. Signed and RalCld mille DAKOTA LOFTS AT BOYNTON, LLC, a Florida. limited liability comlWlY PriIlt Name; By' PrintNIllle: Tltla: PrilII: Name: Date: STAIE OF FLORlDA COUNTY OF ) ) > The forego"'ll insmunent was aclalDwleclged before me this day of . 200_. by . as of DAKOTA LOfTS AT BOYNTON. LLC, a Flornla lim.itc<lliaDility company, on behalf of said company KeIShc is personally lalOWll to mo or Ilv pnxluud as idtDtIficadoD. (SIGNATURE 0'1' NOTARY PUBUC) (Name ofNocary, typed, printed or ltalnpod) (Tide or l1III.k (..w lIIIIIIber. U'1lIY) 07/~3/2003 17:38 5617387 1 SALEFI5H IlEAL TV PAC {' ,/.', \, :---- ~(.;.~~" .OLD {$j~~ lf~: ~~~~: 532 East Ocean Avenlle Boymon Be(~:h "1 :' 4 561-738-66130ftke 561-DS.-:J11 Fa f'ages i!lcl~.ding this one: / f Dale ---2::J ~ -03 . From Ithe desk of ~ ('n ../.i.(u:._ !lfiJ,. _ --,- . t.l "-'if '~ u;/J J rJtI Ii? tL~i~.d.J;:~~~..:~~.'i~~:~.'~.~ -11&-.Y'fA:J:.t/ /fJ'J1'I. dAt'Uh'M'AfIJ,bin; p,) At~('L,flik.l.J:L~'i,~!~(; ._n. _ -I~-'r~f' Fax # _i~/J "'iA:JJ.]I_ ~ /lwJ- --~=_..~ "=:~: " : 'LL-________., . ,___ ..._......,. 07/2:1/2B03 17: 38 5617387 ' SALEFISH f~ TV PA..::. :l:~ .-'l. .'" ." ,~._ IllOIU'Mr. Greene, On behalf orthe homeowner1 potentiaUy Iffilctod by tho propolJelf c1elleloplDMtt ofrJm DIk\lta lolls townhome pn;ect in Boynton Beach, I would like tl) malte the melDhert oftbe eRA aWIJI of:leWJ1Il concerns that still exist. III '1 meeting held at City Hall Monday, January 7, 2002, the residents'& developers mr:.t with oil)' officials acting 1I8 fiu:ilitators. During this meding, Mr. Greene made the slafiement thtlt .Ollfl nu' dOl,. not fit all" in ..dllrence to this JIf\Jject. The area we are dealing with is very w1iq.le in that haif the reaidenf$ are city taxpayen and the other baIf are in a county potlic:,t Our ndd:;ess is 2. Delray Beach addras but we pay city of Boynton taxos. There are 8lMnl e:1IJemetlts & qvit- c1a:im deeds that were presented to thf: developers by the residents lidding con:lusion to an elreaC!' oomplicatecl situation. AD bomeownel'8 bad received. legal doi:Ul1lent trom the de'leh:1J)el" I attl)rney on Saturday, JlUIUlUY 5, 200:~ statlvg what would be required ofu s tc contil1lN qu.et CIIIjoyment of our properties. This SCIl1ed to create more distrust & chaos 'utlelngst he~'neown~'rr who purchased their properties based I)n their water rights & the neighboring RIAA Zl:minn It a9Peared at the end of the meeting yesterday that a meeting of the tnind$ VilIS fea'JIbl,} by tOllight's meeting. My phooe began ringing arty this morning with conc3r1ed neighbors btill.!!in up their various issues. Some want to request the eRA tllble the i8llUe ulltillll: oftl~s new irlfhrmation can be verified. Others 8)"c= prepared to DCg01:1ate t')\1III'd supporting the proposed. zoning change.ll: subsequent development. I am here to J~ YOIJ know tbat SU1lh discrel)ancies remain. III;admcss to the developers, I ca1Jed \uck :Bagley this afl:ernoon to tdlhiln that their .~ sti.ll unresolved issues. He stated that he had beim working 011 the resolution ttl th* COnCIlrnB me)lst Ofl:he day liB it is already close to 5'00 p.nt., it W1IS not jlOssible rclfme to ~peak to Jill tbe fllsidents for thcli.r feedback before tht meeting tonight. Therefore; 1 hesitate to malee nssufTlp'tiO::;1 on behalf of others. To the best ofmy knowledge, the fonC>Wing issues remaU11: 1. The reconveyance of the canai rights to aU property owners adjaf.ellt tl) the sut:;ect :&Ilia! These would include non-excl\lsive rights of use fur canal purposea &; riparian tight, wit, perpetuity, These rights would be transferrable to all successors to the property I be original quit claim deed W1IS filed in 1952 and con1irmeel to be me & c.olTelt ill 19f9 however we want to be l00-A. sure t1lese rights MIll nevllr .eompromiSllll. 2. Reverend Dingle of3 Virginia. Garden is in posJellsion I,r a quit-daim deed guntinp, him an easement from US 1 to hi. home and would lik,= to see the a<;(:eus via Vil'gitlia Owes remain the main access for thE. three homes there. The curb-cut 111111 utreet 11"1'1 been IlSt"j "Your Hometown Realtors" - Loclited in the Heart or Historic;: !Jown(o'JJ/1 Boynton Beech 532 Ealll: Ocean Av,"ue. Boynton Bea<:h, FL 33<135' B'JI. (5151) 738-e:513. Fa,x: (561) 7:18.7'911 . w,'w-'laltlislll"',lty<:nnl B7/23/2BB3 17:38 561 738~n1.1 SALEFISH REAL TV PI~(. f', tbr tblI purpclIO for a period ofDlOl8 than 30 yem thus 1:I...cliua all impHed eaHlmenL MI BaaleY stateI that this is DOt a I" eascmeat amd thus is DOt wiIIi1;g to l1eaot\atei on this point. He has qreed to absorb the cost tbr two separate gatf\t at 1 he, en tr'ancllS to the, private residences of Bamboo Lane &; VIrginia GIJ.'den respectively [t wiD be 11:lC responsibility of the homoowDf:rs to hire a contractor aM ovlDee the i....stallatiOl,I. T,18 developer will pay the cootractl)!' for said installation up to an aIDClun t" be fl8Tc; eel upon by J8llUary IS, 2002. 3. The developer has asreed to place obscure windows on tbe east wall of the c:nd..unitn tieing I Virginia Garden &; 815 Bamboo Lane. Tlte dell! restrictio~s indlOI' homeowner's lIS8OCiatlon docwnents win prevent future owners from mplacing !luch obscure windows with any otIlel' ..through product. 4. The developer has qreed 10 provide at it's expense water service t<llh ~ homes em Bamboo Lane inclusive oflllf.~.er bo)l;es being brought to those residen:es. S. The developer baa agreed to c::.'llate lIII entranu which ill both functolu~ /k. astlllltically appealing lIS it will serve aa tI1 II gate';qy to Boynton BelICh and O.Jf h'Jines. 6. The residentB would like a Iilmline on COI\8truc:tion. We need to krlO'W ifthll pmject will be built in its entirety or lIS tbr. units are sold. Thill conc:em 111_ is beirlg ullder constnJction for atIlnordlnatrJ & unspecified period of time. There are clearly two schools of~)1t on !be proposed project. Many irericlEnu ftl8l that llll)1hlo,g would be an improvement O~l:r the previous Chi_ rllstaurant. Other feellbill delmon collld bave a negatlve Impact on the p[\)perty values in the Ions term and would preflll' t" son Ih" RIM zoning intact I believe representatives from both sides cfthis issu~ will speak during public audience this evening. I know I speak for all the residents wlUln I SlIy we are gratolNJ f(1\' 1tIm add,ll! Illiyer of prcltection the CRA has given to this project. While we realize your l!~aJ is to develop the city, we appreciate your concern for our privat,E' property rights. I believe we would Iilllike tll 9l~ II! improvemenl provided our issues are J'Ilso\ved. Thank you lIgIhl for your C()IIstdemion. Sincerely, ~:?/N.#' Kristen Cootl Homeownerr of I Virginia Ganim Delray Beach, FL 33483 ~AH-~~-L~~L ~~ ~.~ PM KRISTEN CONTI 561 742 4281 P 06 .1 ~~i~; ~":~ ~:;f/~ /Kif IA- __ aver 1IIe caU! Pt~ty IS may be necawy Ibt Owact Ul provld& ~ aad ~ m.;""""......lIIld 11Iplits tv the 0wDtr'J Dock. Nothing CQIIDiDed hereill slIaII be """"''''' tv IIl'Illt 1l:l the Owner the rigbt 10 I1lpt.:e or recons1t\Icl: the Owner's DocIe or to COIISU\ICt allY new doclcs wilIliD tile CaW Prop<<ty witllout obIaining the prior writtlln appnw.U at the Developer, In eddition tv maiIIllIiIlillg its docJc, 1fxl o-er shall be required to rnaillllD1 aDd lriIIl any treo b;alIed wi1bin tII. QwIIer's IACs which are wIdlg) ftfb:en (15) tllet ofthll c-I P\utAltY 50 tIuJt aU limbs and brIncbeI ate lit 1_ tweDty-fi"" (25) _ frvm the glOund at all tlmllS and .so that such -- do 1IQ~ gb$crucllbc view of tho CaaaI.!'roJ:CrtY by allY parties owning;11l or my pordOIl. oflhe !\<ljleor.J. rn the event 0- IIlall 6ll to !lIlIinmiD 1IIe _ in a maw as see fbnl1 above, !bit ~.... lftdIer 1be DeveloptO ~.Mg WJl have tho rigbt. but IICt the obllplOll" to . ~ lICllOIlIlIld lnCIll' , such .~ as may be IaII!OIIIIbIy rcquirad to maintain die ""', in which event 0wI1lIf' obaII !'CpII)' ( Developa' lIId'or !he Dewlopet'~ AalriF"'l, lIS oflP'oprUrm, such S\IIM ot IlIOlle)' ceuclIlably ~ by Devo!oper or lIB= Developer's A$SOCIalio.a ill pedonning same wilIlin tin (10) days afta- writUm DOtk:c from Dnelop<< or Developer. AtIocfatioa. C. Maintenance of l"..I".ll'raoerrv. n. Davcloper ed/or the o.v.lopet's AAocl.aon may l""~m my ~e and "'pain to !he Canal Property as 8IId when it d_ 11: _my frvm time to dale, in its solo and absoluu dlSQl'etlOll, witllOllt tile aced of oblainiDg the approval of tIIo Owner or lUI)' other lhItd pattlcs. All 001I:I IIl.d lIlIptUM5 illcllmld by the Ocvelopcr IIIldlor th. Develcper's Aascclatioo in connection the~th shall be divided in lID equitable lJ18DI1el' and on a pro-!3tl basis ~ all partiCll havillg doob within the Canall'roparty. D. Contribution bv Owner. The Owner shall share, on. a pro-rata buis, ill. all QOSt:I iacutred by the Oev$.loper and/or the DevelOJlOl"s Association in pwtorming any maiDtImuce lIIldIor reptifa to the Canal Property (the "MainlellallCe Costs"). The Owners obliptlon to pay a ptO- rata sham of the Maintmance Costs shall commence on lbt date on whio;:h this Easement Agr=neat is recorded in tl1lI Public Records of PlIIm Beach Conaty, Ploricla. The Owner's shate of mo Maillttlnano;:e CoalS (hereinafter lbo "Own<<s Pro-Ram Share") shall be dctclIl\med by multiplyiRi lbe lOUt MdnteDance CostS by a ll'actJon, tht RumeraID<' ofwhicl\ is the total sqllate footage ofmo seawaltlocared within the Owner's Lot anellor the CaIlaI Propcny I<<"~ ldjace.at th=to (mo "Owncr's Seawall"), the denominator ar which is the total square footage of all seawalls collStl'\lCtled within the Canal Property ortbtland located adjacent thctetc. For example: Owner's Pro-Rata S~ a Maintc:nancc Costs X Total So. III of Owner's Seawall Total Sq. Ft. ohl1 dodls within the Canal ProP<<lY andIortbe land lldJac:entthereto The Developei' and/or the o.velopcr's Ass<lciatlon shall be permitted to ino~ or d~ the total square footase of all sawalts within the Canal Property at any time, and in its sule and absolute diseretlOll, subjed: hawevcr to any applkablc zoning restrlctiODa, and the provisions of this ParappI1, E. If tile Owncl' fails to plly the Owner's Pro-Rata Share of the Main_ Costa within tbiny (30) days aft:!' ~ for payment by Developer or tilt o.velopcts Association, Developer and/or the Developer's Association shall have all rights and remedies available In law and equity A II sums du,", if DOt paid within said thiny (30) day pericd, shall bear intorest tiom the due dale at a rare equal to the highest lawtUl rale. In tho evOllt Dowlopcr anellor the ~oper'$ ~iatioa is required to colleo::t 8I1Y unpaid amolllltS through coll~on llId10r litip%lon, Devtlopcr or the DlMOloper's Association shall be enlItIed to recover 1Tom the Own<< its reuonablt "'~')'S fees and expeIl.MS 1be Developer llldIor tII, .DeveIoptr's Assooia1ion l$baII b.ve tlae ri8IK to ~ c Owll.., rlgIlD to lI$Illllt CoDal PlOpcrt)' tot any JlQiDd during wbiG.b lIlo Owner's Pro-Rata Sbare of lIlIY ~.i__ Costs mlllllil1l1lll1'lid _ cWillquenl 87/23/2883 17:38 561738--' 1 SALEFISH REAL TV PAlL 8.1 Novembel' 20,2001 City of Boynton Beach Community Redevelopment Agency RE: Dakota Lofts Site Plan We ~ Boynton Beach residents who live immediately adjacent to the Sun Wall pmperty The fonowing issues we would like addressed prior to approving th.e rcde\'elopmellt: I. Agreement for uninterrupted water and sewer servi~. 2. Agreement for exlstblg docks to remain and access to ICW. 3. Fence on property line to remain or privacy wall to be erect,eeI. 4. Southeast building to have decorative elem.ents on east elevation facing ICW. S. Revise building heigh\: to meet code. 6. Clearly indicate turn around tor tire and elllerge.ocy lit SI.E cOIner. The fonowing issues affect all our neighbon and need to be addressed; 1, Aarcement tor water service and making Bi'ood Bamboo Lane ,clef installation. 2. The current inclusion IJfthe oanaI. in calculating the n1low.1ble number of units reduces the green space of the property Please insure that this meets code. 3 Current entry to Bamboo Lane Is dangerous due to imdequtte width. Provic.e plan for widening and include plan fur unlntmupted pboo.e service since Bell South switch at Bamboo Lane island will need h be relOClbld. 4. Temporary landscaping and fencing during COIlltl'llction ,. Provide private gates lit Bamboo Lane and Vuginia Glrlkfll'to prevent inaeased traffic on on'r~1ane private roads. 6. Ouest parking inadequate. 7. Elevations tor Federal Highway West, North and South should be improved. 8. Backup tor garige inadequatlll tor large vebicles. 9. 16' width inadequate fbrtwo-car garage. 10. Decorative light t'llctures to be installed. 11. Contractor to address I :lean-up of nelghboliing pools and deckli. Should development be approved" we, a:1 residents, w.:tUld li.Ial tho) op pc'rtlmity to re<vUm' and approve the construction schedule, ie. considerati.':m of site trailer, site ticilitie:!~ dumpsters, working hours, clean-up plan and duration of conslructi<m. We would appreciate if these issu,:s are addressed prior to the redevelopment approval. Sincerely, Frederick and Denise Canova cc: Dakota Lofts B7I~'3/2BB3 17: 38 5617387-'1 SALEf'ISH REAL TV PACI: m; PnmIIred bv 8IIlI Return 10: Mid1eIJe M. DeRosa. Esq. HOLLAND &. kNIOHT LLP One B. BrowDrd Slvd.. Suite 1300 Fl. Lauderdale., Florida JJJOI ~~NAL ACCESS EASENMN1' lli1S CANAL ACCI;;SS l!A:j(;M!::NT c"EascOlcnt ") i$ rnt1d.: Il1i._.,,, :1111' uf 20112 try DAkOTA LOFTS AT BOYNTON. LtC. a ~1orldalilt1i1ed nability compan)'I"Oov:I""or"). "lIvln!l it. principal omce at 2%90 N.W CO'1XNlIle Blvd_ Suite :!4S. l~ RlIIo~. rlOt'lda 33431 10 .__._____ ("Owner"). whose adJl1:S5 I, RecITALS WHEREAS, Developer Is lIIc fee simpl<1 owner of certain ml plope"" localcd in Palm Ileal:h C:<lu~l)'. FIllrida. being more pertlCtllatly describ<:d QC\ .Exhlblt "A" aUached hereto and !\1I1dc n part he,.or Chcreinallor Ihe .Canal Ptopar1y"): WHEREAS, Owner II Ihc fee simple ownCl' of certain I'CIII prop<,rty located adjaccnllo Ihe Conal P'Oll<oT:)', beln mem: pertlCtllarly described on Itxfllblt "8" ..u&\:hed hCl'I!lo and made n pall h :":01' (hcroln"ner Ill. "0_ Lot.); WHEREAS, Owner h.. requeslcd Ih8t [......loper grant certain C..\lIllt!l1I rlllil!l.lo ')\"Inor lWL'" ~nd IIcru5l; the Canal Property. for the benofll ofOy,o,1Ct'sl.ol: WHEREAS, Developer has agtecd 10 V'lntldch allSClmenl ri~, subject to the lern; 1II1ci cond'ili{)ns contalMCI herein. NOW. THEll.IWORE, tbrand in considC"llItion ofthe $lUll ofTEN AND 1'10/ 100 lXU.ARS cS I O.OO)llnd other good and valuable consldo:ra1ion.lh. rec:elptand sufJlcieney of which are hc:rdl:( ecr\nowh~!Wd. Developer agree u follows: ~itals. The above recitals are ~e and e<lll'Cct and illC'l'>,pomed holl'Cin I,v thi~ rell:rellc,', 2. Canal Euemenl. Subject 10 any c 'press conditions.. IlmltntlOll$ or f'CSl:rYatiC'ns curtained hertin. Developer helllby grantS unto Owner. for the benenl ofOwnees Lot. a rnmlll!.am!ll:llLIiII.!lLror ingrc,.. egress and aceta o~r and across Iht Canall'ropefly. fi'om the Ownet's LOIIo lhe Int.'acoastal "'''l>:IVlay. which is located ad~t to and oast onh: CllI1Ill Property. ~l"""r ,,,.allts .tlluil:llllo "feci. insl.!1.I!ul!. n:pair bllln... llIldIor docks.. which extend inlO canal brooer\\O Il\ elNnen e~llIl!!l& 03, Reslrlcdons. No obstl1lcllOlls. incllidinll b~1 not limited 10 pill gs ,mdJor dock I. w ie eXlend illlo the Canal Propctty lhm1 tho Nonhcrly an.l SoUlhcrly cxtremitics\lcyoncl &C:~n aM <lI\t-htlf(711! 'J reel. shall be Olrcctkd or Installed by Owner w"lhln lh. Canal Property, 4. Use ofEuement Rillhbllndemnitlc!!!l!IL.. The _ent rlghl$ plIed herein Hht:1I bo, used by Owner In such e menner that Is conslslenl with aM will nol ,Interfere wilh Ihe rlllllls orthe Dcvclo::Jer or any lhlrd party 10 elICl'Ci$e and enjoy ....y nghls 1Ift',ay have II) _the ClII\al Propt.TIy 117/~3/211113 17:38 561 738~- . 1 SALEFISH REAL TV PACt: tl: 5. All easements granllld herein shall be bindlnll upon the parties. thtir IllSpecthte> heh"$, legill representatlvllS, successors and 8S$ian' Md shall constitute a coven:mt runnlnll wi1h and binding upon \I", Canal Property. 6. this Easement shall be construed in accordance with the laws of the StEte of Florida. 7 Nothinll contained in this Easem<1nt shall be construed lIS creatlnll any righ~ in the geulll'ld public fir 8' ,;ledicaling fur publk: use any portion 0 f the Canal Property. No easement, elC,:ept wese e:tpl'l:Ssly 'Jet fo' h herein, shall be implied. by this Easement rN WITNESS WHEREOF, the 0cMllopt1r has exeeuted this Easeml1lt 00 the dale :!<l.t forth btJlow. Sl~:ned Qnd _led in the IJA.KOT A LOFTS AT BOYNTON. l.lC." ;~~~i.i~\ lim.lt2Q li~llilr:' ':OHtpilll} By' Print Name: Title: Print Name: Print Name: Date: ST6.TE OF FLORIDA COUNTY OF ) ) ) The foregoing in'!rUmen! was 'lcknowledged before me this __ day of " 200_. by . as . of DAKOTA LOFTS AT BOYNTO;': lLC, a Florida limited liability campall)' on behalf of said company. He/She if personally ),now1to r,!:' or has produced as ident1ficalion, (SIGNATURE OF NOTARY PUBLIC) (Name of Notary. typed. printed or stamped) (Title or rank (serial number, if :my) PrLl WS73711vl 1!l7/n/21!l1!l3 17:38 561738T'l SALEFISH REAL TV PACF' P "'. ~ ...... .... Oclober 24, 2002 IlI/cCIIllI..ofb Dw Mr. TrIger, W. .... wrillllllO )'lllI1II.odbIWlI.<: 101M COII....JlIIIioA)'lllI bed. .., basbaDd [la,1id lilt..... conc:llIIIl"I oar caMI...... As be ellph.iMd to )'OU, ibis canflflllllllon ofrf8hls _ promised to lIS by MitdI PIllin A MIck BlI8bY in JlIIIIm)' "f2OO I if"", IgRIlld to support tI1clr petition for a zooina thanw, in our neighbolbood. My hllSband A I have been people of 01" word since the comme_ment of the prt)jtCl. Besed on the JlI'OIll_IMt-~1O us, I spoke l!efonl thedtycammblioo In fiwrofDal.otl Lc,lb,SInc:et!len I bne m8de at Ieut six phonlo calls to Ml'>:k Begby asking for the censt cucrncnt dIal ....M promiKd. I wu continually IOld IMt the _lei _ ..orking 011 it. COIIIIdcri<18 they had sent us 1\ prcliminllry draft whiclt , h.~ all.IChed f'Or your nMew, 11_ difficult to believe it would.~ I' ,"onlhs to get it to IIn. A BJ'* d.1118S chsngod since J~ of2OO I. Our OlII;ilelllO/llllbollt the pouibility of . buutiful ne... oommunity IuIs dwhllad and our tnISt I~ Mr Bagby Is gone. WOlllRr.d to a plcel e~hlnlunhy onl;( ifw. were gI-. S 10.000 to proteCt ounel_ 1lvm"l1lc tumillll wound 01> our privak nllkllUld advmcly 8ffllcllng the quiet III~ of our horne. We lIIO now beina l~ that Is nut hapl'enin; either. w~ do not want to live a ptcd community but.......! willing 10 c:o.llplomlsc to better our neighb>rhc:od. As we WIIIIt 10 be tn:c 10 sclllhe propeIty at anydme .... doem fir. it is (mpoltanl ftor'''l(; get this matter l'ClIOlved for the ... ..spcctI~ Itomebuyet We relpOClfuJly ...-t lhal )'OU provide "'. promiwi dtl_nl 10 1IS000orbef'onl November IS. 2002 f~rcvlcwby Olll'altomc.,. We will have ~ IJICk '.O)'ou witllin 7 daye ofrecelpt. Onoo thfs slIP' ofaooeJ faith is m-. perhaps we C8I\ lnoW! f_ref towll'd 11M: rf,":>lutk", of the many i_thai remain prior to)'Qlll' community being bllill We loek w",..d l;O working .,ith you 10 0I'lllIte . better neighbodlood for all o.~ncantd. Slnoerely, ~. Krlatm Conti Owner of I Vqlnia 0Irden oe: Wilfl'ed Hawkins, ell)' of Boynton ];leach Ken Kaleel, Esq. .Your Hometown Realtors" - Loc./lted In the Heart of HIstDric: Down!O~1n J3oynton Beach !l321!a1t OceIIn Avenue. Boynton Betoc:h, f1..33435. Bus. (561) 738-6613. Faoc (561) 738.nll . www...ltnsh~':;~)'.':nn 07/,3/2003 17:38 5617387' 5ALEFISH REAL TV PAGE: 1:13 --. ... LeIbi 3i6Z1 s.. Pe4enl BIP""'" BCIJ'al8tl ".at., PL 3:M35 561-13S-4512 Fu: 561-73Hm Nvvembcr 26, 2001 Da,e a: KOsten CoIIti 1 VqiDia Gal'IWIl DeIray Beaoh. PI. 33483 Dear Dave &: KriItin, It wu a pleuure meeIlns with YIlu Iut week. The IOUuwins poiDU WlIfe <b:usacd pertaiD/DlJ to your property. Upon the DIkoa.. Lofts $ppIO\'aI ofils 8itc plIO by the City of Boynton B<lICb, Dakota LoftI will, lit its expel1IlI, Iple w: 1. Add deoorali~ tatures to tbt side olits buildq. 2, Dakota Lofts will try to set the CCIUIIt)' to a/low it to im~ .nd 11IlldfC1lle tile ca&IUco isWJd COlIIiD& oato El.1mboo Laue lium Pederal Hi!liJwaY. 3. DlIkota Lofts wiD &iv. you all." _ent to '* tb..a CImli !.Or illSl'fUW"- and lOr yaur bolt doc:k. 4. Prvvide IDpse and Ear- tOe your fflIridence tbrousb Ddtota Loth aid In eII1Jy oord will be made ~labIe if a ~1f\ty e.ntI'IIlCe way gne is pm ill lID BmlOOo x.- into n.kota Lofts. PlwM sian where lndIeated below repre$~ your 8pt:ltVYa1 so wt \laI1 bve 0111' ..n....ul:I'J Jll1lPlIAl the -.uy do\;lnnems. VtIty TNly YOlllll, ~-er- Mltche.ll Pasia .". Approved: _. Date: NO\IlOll\ber _J 2001 uNI Ml4/YJ f/I. ~ . e7/~3/2ee3 17:38 5617387"' 1 SALEFISH REALTV PAGE: (~ AG~EEMENT TlHIS AGREEMENT ("Agrcemcnt"), dated this _ day of _____-' 200-, is made joy arid ~ DAKOTA LOFTS AT BOYNTON, LLC, a Florida limited Ibbility company (hel'einat,:1' ~.1Ied "Denioper"'), whose eddress is ,290 N. W Corporate Blvd., Suite 245,. E:ocr Raton, Florida 334J 1 and David J. Conti and Kristen Conti, whose address is 1 Virginia Gardens, Delta)' Bach, Florick< 33411J- 6~:06, . whose address is 2 Virginia Gardern, De1ray BElICb. Flori, a 33483-6306, and Ronald 1. Dingle and Marguerite L. Dingle, whose addIeu i! 3 Virginia (lardlnl, D,lray Beacb. Florida 33483-6306 (collllCtlvely the "Ownen"). RECTTALS WHEREAS. Developer is the fee simp ie oWtler of certain real pr<>peliY located ill the CII)' of Hoynt"f! B<lllCh, COUJIty of Palm Beach, State of Florida, being m()re partiQuiarly described cn ~-;mn!it.:.:.i<. il~:aehed hereto and mado a part hereof (hereinafter ''the Pro'~"), upon wh~:h l>evel(lper ptl)rlOS'es l:1 ccnstruct multi-family residential townh,rne units (hereinafter called the "Prqjeo:t"') WHEREAS, Ownen are the fee simple oWtlers of certain rOld property locaIi=d adjacent to the Proplltl"'. being more partieularly described on IJJaibit "B" attached heTlllo I.nd made s p.3rt hereof(hp.reimlfter the "Owners' Property") and intend to construct a gate upon Virginia Garden9 to I hlllt ,ccess by the pubHc I {) 1i1<:l Owners' Property. W~REAS, Developer and Owners delil'll to enter into this Agreement to document certain agr"emet"s mllde between the parties, as more fully set forth herein. NOW THEREFORE, in consideration of the mutual C(lVeIIIIIlts, beneliw lIIId &gI'Il8:11ClI1ts of the parties hel'fl: IIIId the sum ofTEN DOLLARS ($]0.00) !lid otller wJOd and vf,luabk comidera'icn receive<~ tbe rec~ipt al;! adeqUlll:)' ofwhich is hereby acknowledgld, me parties do hereby agree and ac:knowlodgo the Mlowng: \. The above recitals lIl'e true and rl.lmCt and are InCOfiXlrated herein by this ..:ference. ....""'- - ---- -----'--- "----,-... /' 2. Developer shall deposit into escrow with an attorney, licensed in the State of Florid II md relect".;l \ ( by the Owners (the ''Escrow Agent"), thl' amount ofTen Tho1J~d DoIlIU'S end '~oll 00 (lil 0,.000.1)0) (l:~ \ I "Gate Fund"), upon the date in which tho last oHhe foIlowing sball occur: (i) [Ie>/t.loper has coru1tnll::t,,;1 I lIlId complc:tc:d of all the iuftutn1cture Improvements required to be cc>nstruct~'<i upen tbe Pro?VtY for to ~ I development of the Project, (which infr!structure improvements shall include, but ~hallllot be limite.d :I Wlm, sewer, drainage, utility and ro~dway improvementr.); (il) JJevelop'lJ' h'lf received all of th, I lIe:es5ary approvals for the infrattructll:'O improvements &om the City of Bo)'ntcn Beach (the "City") llDdlor any other governmental agencies flr entities required It. approve, slloh ir.frlS!:r~ctul't. irn?fOwlTI<:n .,; IInd (iii) Developer hll5 received a writtr:n II41knowledgment, rmecuted by Esc::o'IV Agent, confinn ng tht Escrow Agent will act, and will hold tho Gate Fund in escrow, pursuant to lie terTl! of this Agro:emell!. I I~CfOW Agent shan deposit the aate I'lItId into an intlmlst bearing account. All interest which ~.h" If HC!mle on the Gate Fund shall be part d the Gate Fund and shall be disbul'le'i in accordance ~rith 1.1 ~ , " in!:tructions of the party entitled to recei~ Gate Fund PI1r..I~~~~' her~~__,____"""'/ ,I. The Gate Fund shall be used by Ownm solely towurd thfl cost <Jf be cmlstruction of lae ge:'~' upon Virginia Gardens. Exc:ept 1I5 othel'l11se provided herein, 'millS!. othtrwl.~ aJNI>d upon by De>'llk'PI'r fll1d Owners In writing, no portion of the Qate Fund shall 00 rel_d by EsCl')w Apn:: dirlllct~' to th! Owners but shall be released by Escrow Agent to a third vartY contractor 0:' blcilder respons: ble h ('01nstrueting the gate, as part of the C>1:;t of the constructl(lD of such gate. i)w1er5 !hall provide I., !l7l~'3i2!l!l3 17: 39 561739?- 1 SALEFISH flEALTY PAGi: ie ~ ~- ( . '('7,. eLisb. Realty me -""---~"--_.....__....._--'----"--^---"--_.....-----.. ."- -~- -^---"--"---^-. -~_ __...__...._.~,_....._-^__.A__^.__^.. ^. ., November 28,2001 Mltche1l PasIn Dllkota Lofts 3621 S FedcnII Highway Buynton Beach, FL 33435 J)c:ar Mr. Pasin, We are in receipt of you correspoodei,ce found under our door today. As i: stated at tbe impromptu meeting held Iaat Tuesday, November 20, 200 I, we are more than willing to werk ll\7ith you toward the completion of your project. If you aBk: anyone in t~ Clt) ofBOYllton, they will tell you I am one of the strongest proponents of smart growth in our city. By working to.gether, we can accomplish this goal_ It WlIS my understanding that we WOtlld be receiving a funnal document lrom Il\l attDm~ spellin~ 'Jut very clearly what we were getting in C1[change fur our support of the ~)nillg chnng'~ anel th'3 proposed site plan. We were also tol~l we would have the opportunity tel Jil'e$ml: such dClcumentation to our own attornies for review priOT to signing. While I recognize that your intent is to sJ10w a meeting of the minds prior to your attcmey drawing up any furmal docume:m.s. W/l are !lOt comfOrtable with the vague m.t>JTC ofthls1et~ 'nlere are still several other issues of'r.oncern that need to be addre!Jsed be/on: you win hav, tt,e :lUpport you seek. 'nle most important aspect fur my hu!hand & I is our existing dock and 'm,",!' righb. The dClC\1ment you left fur us says nothing of this being a pem-canent easement that would 'Of> trllllSfimlble to a new buyer. That bu~dle of rights mrroul1di.ng WIC ofth., WlI.t1lIWll) and tIll> maintenance of our current dock and 'Nllterfront 1~le llre ml\iClr ,::onccltllS filr wry 1)!,viC)lJ8 raISOns. The solution proposed by l\Jack seemed fair & equitable but I (10 nc)1 see the ilBtllc' llilguage before me in your letter. 'TI,e second major concern is the incr,,!uc:d traffic on our unpaved road. We l'I'ould res:Uy like to discuss the idea ofa privacy gate fur Virginia Garden spe,~fica::ly prior tu final approv~l. We lln 1110 concemed about the landscape buffer that will protect our P11vacy upon fnal Q)I1Jpletiun of 'the project. rYe heard the statistics .nd been told this win decrease traffc. Based on fm hand knowledge. I disagree. Sun Wah only utilized the westernmoS1~ portion uf the parlting iot \vhich leil over halfoftho eutern sectiOR &\ extra privacy, We recognize the need to com.promise to SE"~ ;growth & positive change but want t,:, protect our children & pets from IIn nEiCessU;f ttllffic up & down a dirt road. We chose Virginia. Garden as our homll becllU.'le oftM lUAA zoniJ~ wrich 1'1 felt would protect us from the loss of'privacy. We have e~oy<<l tho, ur.ique flavor &: qllirIciness "Your Hometown Rta{tors" - Located in the Heart o(HlsU,nf: llowntoJJI1 Boyn/Dr! Beach ~32 aut Oeeen Avenue' BoyntonoBeech, Fl3:;'4.35' flus. (56]) 738.6613' FlIX: (561) 738-;'911 'W'1tW.sal,l!Ioh...,. ,1ty.(.:.... a7/~3/2aa3 17:36 561736T'1 SALEFISH REALTY PAle[ n Oult' our neighborhood. However; your plans could prove beneficial to thll ~ml if our issues can be resolved. We will be more than happy to review anything your attorney wishes to &;lid to us. Please l-ave him direct it to our mailbox at I VIrginia Garden Ddray Bw:h, FL 3348;:;"(;30,. lfyou would lik" to discuss anything further with David & myself; plea.~e give us a courtesy call in advance and we would be happy to set up an appointment Our lives are very fuD and w, like to be preptJ"ed fur visitors and together for any and all discussions pertairling to our home. You wy roach me al. the number found at the bottom oftms page or via ceO phone at 662-4012. Wll thank you for your anticipated cooperation in these matters BIld look fOl"Wfrd to hoorins fron, YOlJr attorney in the very near future. Sincerely, fiA:J~' Kristen COllti cc: Quintus Greene Mike Rumpf 871'23/2883 17: 38 5617387~'1 SALEFISH REAL TV LawOlll1llS HOILAND & KNIGHT LLP ^"'~,Ils lIIrilll\ BlI1o"da 1laI~\ _" CtiCllD Jaol>...~ lJtlilnd 1.a>~li'i11 Mtlbfl"" Mlon No.1"" -..- - -~ "'*.- ,..._0Ib 0I1e Ent BrtMtrd BouIMtd, SuIte 1300 P,O. 8oll1~70'(Z1P333ll2-4D7ll) ForIl.iudenllIIe. Florida 33301 ~.025-11ll1O FAX ~-463-2030 V/WW.hklD'.com PI~!: ~ ,- _;1IgI;~ - .......' - StFtllfllMll SoI\AIlmlo SIoFrl'<iIco - T~"""", T_ WasI1tnr.;llftr..C. .....""mllo.i11 110""* TlIW ..,. December 5, 2001 MICB.ELJ..Jl: M. DEROSA 9!i4-,<<8-'7lIlU II ",,,,.1 Addreoe; .. i1e'<o..ehkla.",m VIA ll'EnERAL EXPRESS Kristen Conti c/o Salefish Realty Inc. 532 E. Ocean Ave. Boynton Beach, FL 33485 Re: Property located on Federal Highway, to be devel')le,l as II. reeideI\tial community In:.own as Dakota Lofts (the "Project") Dear Kristen: This firm represents Dakota Lofts at Boynton B'3ach, LLC C'Deko';a Lufts'') wlth reepect to the above Project. As you may know, Daktrta LoftS, liS (Iwner ofthE above parcel. is scheduled to appear befure the eRA for the City of Boynton Beach on December II, 2001 fur purposes of obtainir.g approval of its proposed site plan fur the Project. It is our understanding that over the past several w~elI:8, 8evl~nl issues Ulld concerns have been raised by tbe adjacent lot o~'l1e1'f\ ",lith rS\lpe<:t to the proposed development of'the F~erty In order to address the issues and concerns, we have been advis\1d. by our clie:nt that Dakota Lofts is prepared t.o provide several rights and sorviCols which it owns and hold to adjacent lots owners. As an alternative to E,ntering illtQ separate agreements with each and every acljaoant lot ovrner, Ilall.ota I..ofl;s intends to submit the attached letter to the City of Boynton Ilea(:l~ prior to tte December 11. 2001 meeting. The purpose ofpro\fiding the letter to the City ill to incorporate the rights and aet"lices which Dakota Lofts is prepared. to pmvide into the approval of the site pllUl. As a :result, Ilakota Lofts v7iJ be obligs.ted a7/~3/2aa3 17:38 5617387'" t SALEfISH IlEALTY PAGE: 13 December 5, 2001 Page 2 "lnder the iinal eite plan approval issued by the City to comply with and provide Iluch rights and services and the City will have the right to enforce Dakota Left's failure to provide same. l?lease review the attached lettal' to the City and contact Mitch,~l1 Paelll al; 561. 1370.9570 with any com:ments or questions you m.ay have. Very truly yours, HOLLAND & KNIGHT LLP (~M~ By: Michelle M. DeRosa HnclosUl'e 1:C: Mitchell Paein 1'TLlI150M08 v2 ~.,~~'~qg~ Q~:~~ lObi'~O~~~~ UEN~ 3: ~ft :lMMISSION M.INtr.l'ES -1/15/112 :A~12 TIiIC ()41\()T4 L()"' ) JanU81'Y. 10 2002 Mr. &; Mrs. Conti.: I Virginia Lane Dclray 8eaoh, Florida J1483 Deat' Kristen: Thank YOII for your in~~Y As I promiseU at the CRAmeetluliI twO nights ago we will begWinllsll themlghbors@tbecanal.tIleeisCmentto use, ~gate 8ndtraveltlill t:\\I!iII. T wlll also wlD be gMng you a document slatingtll,at \vewill depqsit the ~of$20,oOO wi~ Out iIUorney's fJ.6(%OW,~(luntto:te\l!edby;thl: Qei,gJ'tbots for~ir:Sate$ on BamboO Lane8lld Virginia Gwen e.fferthe eam.pletiotf of ow uuraalrUct11xe. This will be subject to. city commission.ers .final aJ?Pl'OVa1 ofDalrota Lofts ami. the cooperation of all theneigbbol'S .iDVolved. . . I elncerllly hope that ~u are bea)miug a believer tQat We have done everything lhat 'lYe said we were goina to do a.nd is mour ~crandbave tl'iedto wOrk arid acco:mnioda.teeverYonc's need to the ;beat of oUr ability as. Ii. hliInah being. I look forward to a Snlooth t!:Bllaition d\lring the course of our construc1lon and completlon. .' 3010 S "'EDERAL HWY BOYNTON BEACH, I<LORlDA 33435 TF.l.561.241.2829 fAX 561.218.9774 , . .--..--- ....:...... r--"" l!J71231:!l!Jl!J3 17: 38 561738' , SALEFISH REAL TV PAC J" 1. Canal Easement. DakotR will grant to those owners of~be bts depictee all Lots I, 2, 3. 4, 5 and 6 on the sketch attached hereto as E.xhibit "A" and made B part hereof (the "Sketch") whiclt currently have doclts construrJted within the {:an.a: property, easement rights (i) to maintain any existing docks vtidJiJ. the canal p:roperty cun:ently owned by Dakota, and (ii) for ingress, egrevs a:nd access from t}-" e:dsting docks over and through the canal property to the Intraoo:,ntal "I'flX:ernay which is located to the east of and adjacent to the canal property The eMem'mt; rights granted by Dakota sball :cun with and benefit each lot ii)r which it is grante", aad shall be transferred to any ~ubsequent owner. or cowners 0:( f,uc.llot a8 par; of the conveyance of such lot. Tho final easement doeuto.en': shall provide that (::.) ea" ;i; d'Jck shall be maintained by such owner at its sole COft and exp"nse, and (:ii) the canal property shall be the maintenance obligation of Dakota, it s 8 ucceBso:r or IUSigns, andlor any homeowner, association created for purpOSES of adtninistering tJle Project (hereinafter the "AsHociation"), and that all coats and e:lpen,seE. inc:.u-:re ill connection therewith shall bE; divided in an eq1utalile mannel' flud OD. a proIata b.ws between aU parties having dock rights to US'll th,~ canal property 2 Water and Sewer Service[!. A. InstAllation of Water Lines. Provided that DakQta can obtair:, th" necessary approvals and easem1mt rights, Dakot!\ will install'water lines luonJ Bamboo Lane a8 may be requirod in order fur the CitJ" to provi.d3 :p:>tabJ.e water sllrvice to Lots 5, 6, 9, 10 and 11. In addition. Dakota will install thl apprcprkte water main extensions and meters at the location indicated ~. the City for Lo',;s 2, 5,6,9, 10 and 11 and pay any meter hook up fees in conn.action therewith. Dakota agrees that prior to the time that the above lots h.ave been providl~li with t.he altstnative water service to be provided above, it will not take eo:r action "I'"hich would cause the lot ownerS to kse the ability to cibtllin water frc>JJl the wel:lsloca1;e . o:a the Property, which wells aN the lot owners CI.ll't'ent source cfwater B. Sewer .service fur J.~. Provided that Dakota Cf.n obtain tho necessary approvals. Dakota will grant to Lot 4 tae right to tio in1i;(1 the sewer llllrvice facilities to be located upon the Property and ,vill pay illY costs re19.tec. to same. 8. Access Easement. Dakota will grant to the owners of the lot.'! depictlld as Lo!;" 1,2,3 on the Sketch, ingress, ef;ress and access rights OVE-OX ce]1;:ti:a roadwllYs lOCllt;:d "lliitliin the Property from time t" time for purpos,!!S of obtRining ingress, elireSIJ l!:llll access from. and to Bamboo Lan!! and Virginia GlIrdens. In addi.tion, Dakota ,1'iJ1 provide adequate access to the owners of Lots 1, 2, and 81;hrough eny glltel! wuchi.t Dlay install within the Property which limit or re:!trict the abcvl! lx.entione:d aecas!; rights. 87/23/2883 17:38 561738" 1 SAl...EFISH REAL TV PAGf: Jf: 4. Decorative Liiht Fixture[cj. Dakota will install decorative light fu:tu:res witbi .'} .the Property in accordance with the final site p18.n approved by thE' Ci~' O. TeR;ltllll'.BrV FeD,,;nlf. Dakota will install any temporary fenoos which may b{ tE!Quired by the appropriate governmental codes to be installed d.\uing constn\ctio; of the Project. ,Please feel free to contact me W"J.th any questions a.ndfor COtOmeJlts you ID!!.y hav., regarding this matter. V sry truly yours, HOLLAND & KNIGHT LLP ~Lu~. By: Michelle M. DeRosa Enclosure '0(:: Mitchell Paein 'F'J'Lll11.'l88380 vB ,.... '.~ ~,.,.':" 9'\!;,,~ 0\ l_ v J.>>. _/-i <;- :0 is \?/" DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment March 12,2003 Mr. Dror Trigger 3010 South Federal Highway Boynton Beach, Florida 33435 RE. FileNo.. Dakota Lofts MSPM 02-006 Condition #46 - Re-review of floor plans and elevations 3010 South Federal Highway Location: Dear Mr. Trigger: Enclosed is a copy of the City of Boynton Beach Development Order for site plan approval granted on January 21, 2003, by the City Commission for major site plan modification to elevations and floor plans of nineteen (19) townhouse units in a Planned Unit Development (PUD). The approved site plan (including elevations and floor plans) is valid for one year from the original date of final approval (January 21, 2003). The Community Redevelopment Agency (CRA) approved the revised elevations and floor plans on March 11, 2003 The CRA determined that the proposed plans comply with Condition of Approval No. 46, which stated: "Final fa9ade changes pursuant to the above condition shall return to the Board to confirm compliance prior to pulling a building permit" Please recall that this approval is conditioned upon r ucing the proposed building colors, namely the #841 Nuevo Terra and #GH77 Capri, two (2) color shades. In order to maintain vested status, a building permit ust be secured or an extension granted within one year of final site plan approva1. To. ontinue this project through the development process, please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable. The full rectified site plan set is to be submitted as part of your permit plan package to the Building Division. The person managing your permit applications should be made aware of any additional docwnents and third party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable development order conditions in the submitted rectified plan set may produce unnecessary delays in permit issuance. Feel free to contact any TRC member for additional clarification of comments(s). City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310 Phone: 1561l742.1\?M . wwwr.i hn\Jl'1tnn..ho_h II... Page 2 March 12,2003 Imvortant: If you plan to introduce any changes to your approved site plan over and above those required by conditions of approval, please contact our staff before submitting a permit package to the Building Division. All modifications to the site plan must be evaluated by our staff and processed accordingly Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~ Michael W Rumpf Director of Planning & Zoning Cc: Karen Main, Technical Review Analyst Don Johnson, Building Department Jose Alfaro, Occupational License MWR/ad S:\Plannina:\SHARED\WP\PROJECTS\DAKOTA LOFTS\MSPM 02-OO6\Approval Letter.doc DEF--ARTMENT OF DEVELOPl'vlfNT Planning and Zoning Division Memorandum PZ 02.249 TO: H. Press Tompkins ~,\ FROM Lusia Galav, AICP $ Principal Planner ' DATE. November 4, 200~ RE: Dakota Lofts Please be advised that site plan approval for the above referenced project will expire on January 15. 2003. The City Commission granted site plan approval on January 15, 2002. To date, no building permit has been issued for this project. A building permit must be secured within one year of site plan approval in order to maintain the vested status. The Land Development Regulations Chapter 4, Section 5, provides for a one-year extension for site plan approval if the application is submitted before the expiration date. Please call the Planning and Zoning Division at (561) 742-6260 for more information regarding the site plan time extension procedure. ___0_- ___._ ._____.___._.__~_ DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment January 23, 2002 Mr H. P Tompkins 2295 Corporate Drive #240 Boca Raton, Florida 33431 RE. FileNo.. Location: Dakota Lofts NWSP 01-010 3010 South Federal Highway Dear Mr. Tompkins: Enclosed is the City of Boynton Beach Development Order for site plan approval granted on January 15,2002, by the City Commission. To continue this project through the development process, please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable, with particular attention to the conditions added by the Community Redevelopment Agency Board. The full rectified site plan set is to be submitted. as part of your permit plan package to the Building Division. The person managing your permit applications should be made aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable development order conditions in the submitted rectified plan set may produce unnecessary delays in permit issuance. Feel free to contact any TRC member for additional clarification of comments(s). Imoortant: If you plan to introduce any changes to your approved site plan over and above those required by conditions of approval, please contact our staff before submitting a permit package to the Building Division. All modifications to the site plan must be evaluated by our staff and processed accordingly. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260 Sincerely, ?UJZ/fr Michael W Rumpf Director of Planning & Zoning MWR/ad S:IPlann;ngISHAREDIWPIPROJECTSIDAKOTA LOFTSISHe plan approval letter after CC.doc City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 3342!Hl310 Phone: (561) 742-6260 . www.cJ.boynton-beach.fl.us DEVELOPM, T ORDER OF THE CITY COMMI~ ON OF THE C. rY OF BOYNTON BEACH, FLORIDA ~. vP~L ~. ~~: PROJECT NAME: Dakota Lofts APPLICANT'S AGENT H.P Tomkins Jr., agent for Dakota Lofts at Boynton Beach. LLC. APPLICANT'S ADDRESS: 2295 Corporate Boulevard #245, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 15, 2002 TYPE OF RELIEF SOUGHT New site plan approval for 19 townhouse units in a Planned Unit Development (PUD). r ill iO' ~DW~OO LOCATION OF PROPERTY 3010 South Federal Highway ~ DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO 'JAN I 8 2002 OEPARTMENT OF OEV I o c.' .. X THIS MATTER came before the City Commission of the C,:Horida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of I?oynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. . 3. The conditions for development requested,by the Applicant. administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included" 4 The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order \\\\\111111111//1 ~\\ II/, ~~ ~OVNro ~ ~n<< .......... JSI~ 19 ,. ;p~ ~ Ity ~rk ..- ~ S:\PlannlngISHAREDIWPlPROJECTSIOAKOTA LOFTSINWSP 01.o101Si?~~n~fIm) p. \,<$1- 11//II"IIII1\1\\\'~ 6. 7 Other DATED: 1- 15-{)::J. EXHIBIT "e" Conditions of Aporoval- Revised 01-03-02 Project name: Dakota Lofts File number: NWSP 01-010 Reference: 2"d review revised plans identified as New Site Plan. File # NWSP 01-010 with a December 6, 2001 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: I Fire flow calculations wi\1 be required demonstrating the City Code X requirement of 1,500 g.p.m. as stated in LDR Chap. 6, Art. N, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE Sec. 26-16(a)). 2. The existing well, as shown on Parcel 2 of the survey prepared by 0 'Brian, X Suiter & O'Brian, Inc. dated July 17, 2001, is considered a community well. It currently serves the dwellings at 2 Virginia Gardens Drive and 821 Bamboo Lane. It will be a requirement of the applicant to either I) connect this residential dwelling to city water that is available to it, or if that resident owner elects to forgo city water, 2) install a new well to serve the residential dwelling. FIRE Comments: 3. The fire engine turn around area at the southeast comer ofthe subject X properly shall have a minimum centerline radius of 50 feet. POLICE Comments: None X ENGINEERING DNISION . Comments: 4 Permits must be obtained for work within the public right-of-way (LDR, Chapter 22, Article II, Section 7). X 5. Show all existing utilities on Site Characteristics Map (Survey) and Site X Development plan (LDR, Chapter 4, Section A.3). Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 6. Show flow data graphically (flow arrows). Provide details for exfiltration X trenches, catch basins. and manholes. Indicate, by note, that storm water will be contained on site (LDR, Chaoter 23, Article ILF ). 7 Provide data of underground soil conditions (LDR, Chapter 6, Article IV, X Section 9). Proposed site is in close proximity to the Intracoastal Waterway and muck excavation is more likely to be encountered. (LDR, Chapter 6, Article IV, Section 91. 8. Add a note to the landscape plan that within the sight triangles there shall be X unobstructed cross-visibility at a level between 2.5 inches and 6 (six) inches above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). Show sight triangles graphically on the site plan and landscaping plan. Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadwavs. 9 Provide an irrigation plan in conformance with the LDR, Chapter 7.5, Article X II, Section 5. 10. Provide signing and striping plans in accordance with the LDR, Chapter 6, X Article II, Section 17 and Chapter 23, Article II, Section B, which identifies all necessary traffic control devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. Also see City Standard Drawings B-9800 I and B-900 \3 for strioing details. 11. Provide detail for dumpster enclosure area (LDR Chapter 7.5, Article II, X Section 5.J., Chapter 9, Section IO.C.3, and City Of Boynton Beach Standard Drawingj\-88007 12. Provide a typical section for parking lot pavement conforming to LDR, X Chapter 23, Article 11.0. \3. If the houses are fee simple, then a plat shall be submitted along with X construction drawings. 14. The road on the south side of the property (Bamboo Lane) is deficient with respect to right-of-way width and pavement width. Bamboo Lane will be X required to be widened to 22 feet, to the entrance to the development, to meet minimum street pavement widths (LDR, Chapter 6, Article IV, Section 10.c). Because Virginia Garden Drive has been determined to be a private drive it will be exempted from any upgrades to the roadway However a turn-around area shall be provided pursuant to Chapter 6, Article IV, Section IO.D). Streets shall be designed in accordance with all applicable sections of the Code and LDR. 15. Provide details for water, sanitary sewer, and storm sewer improvements. X Provide detail(s) for the water line crossing with sanitary and storm sewer. BUILDING DIVISION DEPARTMENTS INCLUDE REJECT Comments: 16. From the FIRM map, identifY in the site data the title of the flood zone that X the building is located within. Where applicable, specifY the base flood elevation. If there is no base flood elevation, indicate that on the plans. 17 IdentifY the floor elevation that the design professional has established for the X building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving! drainage (civil plans). 18. At time of permit review, provide a completed and executed City unity of title X form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being unified is required to be submitted to process the form. The property owner that is identified on each deed shall match. 19 At time of permit review, submit signed and sealed working drawings of the X orooosed construction. 20. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the all"" ri"ht-of-wav or easement. 21. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required for the recreational amenities that are provided for the project and other common area elements located at the site. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings that are required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. IdentifY on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text that would indicate that the symbol represents the accessible route and the route is designed in compliance with regulations specified in the Florida Accessibility Code for Building Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verifY that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be limited to, providinlZ finish !!fade elevations alonlZ the oath of travel. 22. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREA nON Comments: 23 List on the site plan the site elements for which recreation credit will be X provided. 24 As a condition of issuance of a land development order for residential X Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT planned unit developments, the developer shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes and according to the standards and formula in Chapter I, Article V in the Land Development Code. The total recreation dedication requirement will be calculated as follows: 19 d.u. x .015 acres = .285acres y, credit may be given against the requirement of land dedication or payment of fees. Y, private recreation credit will be calculated as follows: .285 acres /2 = 1425 acres The Developer may want to consider dedication of the land, or a combination of dedication and fee. 25. [fthe property is not required to be platted, the recreation dedication fee will X be due orior to the buildinlZ oermit beinlZ issued. 26. Provide to the Parks Division at the close of the construction contract as-built X plans showing locations of irrigation lines in the rilZhts-of-wav and medians. 27 In order to earn Y, recreation credit, the developer needs to provide a X minimum of 5 of the local park basic requirements listed below, or a combination of such, and other recreational improvements that will meet recreation park needs of future residents of the area: Children's Play Apparatus Area Landscape Park-Like & Quiet Areas Family Picnic Areas Game Court Areas Turf Playfield Swimming Pool & Lawn Areas Recreation Center Building 28. In thc opinion of the Parks Department staff, the recreation elements shown X on the plans do not meet the needs of the future residents. At a mutually convenient time, the Parks Department staff will be happy to meet with the developer to discuss available options to meet the intent of the recreation dedication requirements for the proiect. FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: DEPARTMENTS INCLUDE REJECT 29 The subject property must be platted prior to the issuance of any building X permits. 30. The ground level HV AC units shall be screened with landscaping. X 31 On the site plan, show the location of all outdoor freestanding lighting poles. X Provide a typical drawing that includes the height and color / material of all proposed freestandinll outdoor lillhtinll poles. 32. Include a color rendering of all elevations prior to the Community X Redevelopment Allencv meetinll. 33. The floor plan (sheets A-I, A-2, B-1, and B-2) must include the scale of the X drawinll. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS Comments: 34. Condition #3 shall be revised to require that a 40-foot wide (min.) emergency X access way be provided at southeast comer of project and kept clear of tree trunks and shrubs, and stabilized. 35. The east facades of the "A-2" units shall be designed to prevent visibility X from units (second and third stories only) onto adjacent single family properties to east. 36. Project shall include decorative lighting fixtures not to spi1llight onto X adiacent single family properties. 37 Enhance landscaping along Federal Highway particularly at north and south X comers of project. 38. Provide aesthetic gate or barrier at emergency access point at southeast comer X of project to prevent non-emergency use of opening. 39 Provide enhanced project entrance, in part, to include landscaping, signage X and possibly a fountain. ADDITIONAL CITY COMMISSION CONDTIONS Comments: LA..... A 40. To be determined. J:ISHROATA\Planning\SHAREDIWPlPROJECTSIDAKOTA LOFTSINWSP 01.Ql01COA revised.doc K./JL DEPARTMENT OF DEVELOPMENT Planning and Zoning Division . Building . Planning & Zoning . Occupational Ucenses . Community Redevelopment December 5,2001 Mr. H. P Tompkins, Jr HPT Consultants, Inc. 2295 Corporate Boulevard, N.W Executive Court One-Suite 240 Boca Raton, FL 33431 RE. Dakota Lofts Dear Mr Tompkins: Pursuant to our meeting on Friday, November 30, 2001, you were to provide additional information to the Planning & Zoning Division by Monday, December 3, 2001 in order to meet the deadline for the December 11, 2001 Community Redevelopment Agency (CRA) meeting. The additional information included revised elevations, site plans, and a survey (including Bamboo Lane). Also, there still remain unresolved issues which are to be resolved prior to reconsideration by the CRA, and verified by formal agreements with adjacent property owners. As a result, staffwill recommend that the CRA further table the review until the January 8, 2002 CRA meeting. If your project is reviewed by the CRA on January 8th, this item would be considered by the City Commission on January 15, 2002. Should you have any questions, please contact Eric Lee Johnson at (561) 742-6260 for rescheduling of this item. Yours truly, 7L-UL Michael W Rwnpf Director of Planning & Zoning \\CH\MAJN\SHRDATA\PlanningISHARED\WP\PROJECI'S\DAKOTA LOFTS\NWSP OI..oIO\Rc:schcdule eRA-dot City of Boynton Beach. 100 East Boynton Beach Blvd,. P.O. Box 310 Boynton Beach, FL 33425-0310 Phone (561) 742-6260 . Fax (561) 742-6259 . www.cl.boynton-beach.fl.us ~ V" . _ .-:r3?- 04-6 T"1De.e. of ~:4"~~[:c~, 'D;;:~~~ ,-=tC.3348"; ill' ~ [L, LS c_-L_,/p --.J i U DEe 10 2001 I L::J I-~l I 'ie' iD , -rc;: J,AV1 JA;M rpQS~ Cj)~CDIw. J..ot+~j ----- ,I ...J. AIW<. ~Qc~ k.t.t.. ~t1o:1l' ~ :::J~ ~J.~c;.J-.~, '~:i1~ ~........is--f -/.. S-. ~'.s ~'-' . .:J- (j.J k. + v:.,~ ~.L.-!:J ~ ~ -rv-4 0.::::.,{ ~ j,-f Jt. h~ c.:J.., ""~ e.w..... 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Suile 1300 PO. Bo, 14070 (ZIP 3330Z.4070) Fori LauOertllle. Florida 33301 954'5ZS.'ootJ FAX 9540463.2030 www.hklaw.com P 02 New YOlk NOfthernVirgil1ia 0_ /mYiWu Sl.l'!letsburg SlnM\lld~ san Frandsco S<<Il~ T~_ T..", _~M. o.c. WeslPalmBtach SIoPalo TdA..;.," T.,. December 5, 2001 MICHELLE M. DEROSA 95-1-468.7934 IntE!rnet Address: mderosa@hklaw.com VIA HAND DELIVERY December 5, 2001 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33436 Attention. Eric Johnson, Planner Re. Parcel of land located on Federal Highway in Section 4, Township 46 South Range 43 East, Palm Beach County (the "Property") to be developed as a residential community known as Dakota Lofts (the "Project") Dear Mr Johnson. This firm represents Dakota Lofts at Boynton Beach, LLC C'DakotaU) with respect to the above Project. As you may be aware, Dakota, as owner of the above Property, is scheduled to appear before the C. R. A. on December 11, 2001 for purposes of obtaining approval of its proposed site plan for the Project and moving forward to City commission meeting. We have been advised by OUI client that it has been working with the adjacent land Owners to address the issues and Concerns raised with respect to its proposed development of the Property and that it is prepared to provide various rights and services to each owner Further, we have been advised by Dakota that, pursuant to the City granting approval of the proposed site plan, Dakota is willing to provide the followmg: Dcr LV . 6 2001 "".J " , -./ DEe-0S-2001 18:10 " "'? DEC-05-2001 17:4& HOI '.AND AND KNIGHT LLP P 03 1. Canal Easement. Dakota will grant to those owners of the lots depicted as Lots 1, 2, 3, 4, 5 and 6 on the sketch attached hereto as Exhibit "A" and made a part hereof (the "Sketch") which currently have docks constructed within the canal propel!ty, easement rights (i) to maintain any existing docks within the canal property currently owned by Dakota, and (ii) for ingress, egress and access from the existing docks over and through the canal property to the Intracoastal waterway, which is located to the east of and adjacent to the canal pl'Opel.ty The easement rights granted by Dakota shall run with and benefit each lot for which it is granted, and shall be transferred to any subsequent owner or owners of such lot as part of the conveyance of such lot. The final easement document shall provide that (i) each dock shall be maintained by such owner at its sole cost and expense, and (ii) the canal property shall be the maintenance obligation of Dakota, its successor or assigns, and/or any homeowners association created for purposes of administering the Project (hereinafter the "Association"), and that all costs and expenses incurred in connection therewith shall be divided in an equitable manner and on a prorata basis between all parties having dock rights to use the canal property 2. Water and Sewer Services. A. Installation of Water Lines. Provided that Dakota can obtain the necessary approvals and easement rights, Dakota will install water lines along Bamboo Lane as may be required in order for the City to provide potable water service to Lots 5, 6, 9, 10 and 11. In addition, Dakota will install the appropnate water main extensions and meters at the location indicated by the City for Lots 2, 5, 6, 9, 10 and 11 and pay any meter hook up fees in connection therewith. Dakota agrees that prior to the time that the above lots have been provided with the alternative water service to be provided above, it will not take any action which would cause the lot owners to lose the ability to obtain water from the wells located on the Property, which wells are the lot owners current source of water B. Sewer Service for Lot 4. Provided that Dakota can obtain the necessary approvals, Dakota will grant to Lot 4 the right to tie into the sewer service facilities to be located upon the Property and will pay any costs related to same. 3. Access Easement. Dakota will grant to the owners of the lots depicted as Lots 1. 2, 3 on the Sketch, ingress, egress and access rights over certain roadways located within the Property from time to time for purposes of obtaining ingress, egress and access from and to Bamboo Lane and Virginia Gardens. In addition, Dakota will provide adequate access to the owners of Lots 1, 2, and 3 through any gates which lt may install within the Property which limit or restrict the above mentioned access rights. c...,. i i. -----ll ~ i ': /_ DEe .. 6_~J~ ~, -- --. _ E'.03 DEC-05-2001 18 10 DEC-05-2001 17:46 HOLLAND AND KNIGHT LLP P 04 ^ 4. Decorative Lig-ht Fixtures. Dakota will install decorative light fixtures within the Property in accordance with the final site plan approved by the City 5. Temporarv Fencin2". Dakota will install any temporary fences which may be required by the appropriate governmental codes to be installed during construction ofthe Project. Please feel free to contact me with any questions and/or comments you may have regarding this matter Very truly yours, HOLLAND & KNIGHT LLP '1K-U..lLU.~ J"v~/J By' Michelle M. DeRosa Enclosure cc; Mitchell Pasin FTLl #SGB3S0 vS " '! ' I,..' i i,. ,'_~ 1 i '~---''''I li:1 DEe" 6 2001 l~ ....._J i '0 ' l _.~--_. _! DEC-05-2001 18:10 P 04 '.....n.......... <;;;.,... ............. I.... 561 742 4281 P..01 Saletish Realty Inc. 532 East Ocean Ave Boynton Beach FL 33435 561-738-6613 Office 561-738-7911 Fax kcseJ1sre@:flinet.com Date:~ To: ~rIIl>> Fax#: 'JI/J- ~ 1.01'1 pages:-1J I~I ~ [; 1lf:l~~/~ tli i JAN 4 2002 !y DEPARTMENT OF DEVELOPMENT t~:1 ~:..t:11nJ;t. ~!2'J,.#' j!:~ ~ fhMl rJm.t.J~. tLl.vJn t1/DI, l'Krl-ll."iyIf 44 .ftL:JJ, mty,,. ...,.... .LIlt. 111/1 4f( :jO"J It'IlJl1d, J 3:(J)f.4t 'tIJpA/t rl.J()lN' QP1"1lI~ .2Mrtl4, /J/4,k, Ottli. 561 742 4281 P.02 JAN-04-2002 02:57 PM KRISTEN CONTI & ~. AGREEMENT 110~~ ~..._.~il1i' [E ~ U U .MIl HII1 }UI I I DEPARTflW ~ u__ --- -~-_. ... tHIS AOREEMENT (the "AlI_ent"), dated this _ day of .200-, is made by and between DAKOTA LOFTS AT BOYNTON, LLC. a Florida limited liability company (hminafter oallod "Oeveloper"). who.. address is 2290 N.W Corporate Blvd~ Suite 245, Boca Raton, Florida 33431 and Oavid J. Conti and Kristen Conti (hereinafter called ''Owner''), whose address is 1 Virginia Garden. Dell'llY Betll:h. Florida 33483.630S. RECIT ALS WHEREAS. Developer is the fee simple: owner of cenain real property located in the City of Boynton Beach (the .City"), County of Palm Beach, Stale of Florida, being more particularly described on Exhibit ~ attached heteto and made a part hereof(hereinaft:er "the Property"); WHEREAS. Developer proposes to constrnct multi-family residential townhome units upon a portion of the Property (hereinafter called the "Project") in accordance with the proposed site plan which is attacbed hereto as "Exhibit B" and made a part hereof, as same may be amended or revised from time to time by the Developet' in its sole and absolute discretion (hereinafter the "Site Plan"); WHEREAS. Owner is the fee simple owner of cmaln real property located adjacent to the Property. being more particularly described on Exhibit "e" anached hereto and made a part hereof (hereinafter the "Owner's Lot"): WHEREAS, Developer and Owner desire to enter into this Agreement to document cerraln agreements made between the parties. as more fully set lorth herein. NOW THEREFORE, in consideration of the mutual covenanl$, benefits and agreements of the parties hereto and the sum of TEN DOLLARS ($ I 0,(10) and other good. and valuable consideration received, the receipt and adequacy of which Is hereby acknowledged, the parties do herehy ag1'ee and acknowledge the following: Recitals: The above recitals ate true and COlTCCt and are incorporated herein by this reference. 2. Easement A~eement. Attached hereto as Exhibit "0" and made a part hereof is an Easement Agreement (hereinafter the HEasement !\greement~), which set. forth and provides the Owner with certain easement eights over portion. of the Property The parties agree that upon the Developer's receipt of all the City and other governmental approvals necessary for the development of the Propel't)', the Developer and Owner shall execute an original of the attached Easement Agreement. Developer shall record the original ex.ecuted Easement Agreement after all of the site development work and construction throughout the Project has been completed by Developer and are available for use <as evidenced by Developer obtelnlng the final sign-off. and approvals of the applicable governmental authorities), or prior ihereto, at the sole 0 lion of the 3. Owner's A,~ment to Coooerate. As consideration for the Developer entering into this Agreernent and entering into the Easement Agreement, the Owner agrees to fully cooperate with Developer in order to ensure that the Property obtains the City and/or other governmental approvals necessary for the development of the Project. 4. Ocveloocr's Rillht to Create Lel!al Descriotions. The parties acknowledge and agree that the exact legal description of the Vehicular Access Easement Area (as mote fully described in the Easement JAN-04-2002 02:58 PM KRrSTEN CONTI 561 742 4281 P.03 AgRle:meot). has not been dctennined, but shall be reuonably determined by Developer at a later date. Upon Devolope:r's detennination of the: e:w:t lell&l dc.criptlon of tho forogoing, Developer shan be automatiQally permitted, upon providing the Ownor copies theroof, to attach the lepl description of the Vehicular Access Easement Area to the Easement Agreement as Exhibit ''C'' thereto, without any further action, consent or approval tequlred by the Owner. S Effective Date. The effective date of this Agreement (the "Effective Date") shall be the date on which the last of thc parties hereto executes this Agreement, The parties agree that this Instrument shall not be recorded In the Puhlic Recnrd~. 6, TenninationlAm~entIModiflcation. This Agreement (lIDd all exhibits attached hereto including but not limited to the Easement Agreement) shall be deemed automatically tenninated and of no force or effect in the event (i) the Project is not approved by the City or any other governmental bodIes having jurisdiction, in accordance with the Site Plan; (ii) Developer. in its sole discretion, elects not to proceed with the development of the Project; or (iii) the OWner takes any actions (or fails to act as required herein), In a manner which Is inconsistent with Its obligations set fortllln Paragraph 3 hereof. except as otherwise specifically provided in this Agreement, this Agreement may be amended, modifled or terminated, in whole or In part, at any time by a written instrUment, executed and acknowledged by the Developer and the Owner, or their successors or wigns. 7. Governing Law. This Agreement shall be constrUed and enforoed in accordance with the laws of the State of Florida, County of Palm Beach and. unless otherwise terminated as provided hereill, shall be binding upon the heirs. successors and assigns of the parties hereto, it being the intent hereof'that the rights and obligations hereunder shall run with the land and follow the ownership of each PlU1Y's respective property. 8. Litiaatioll. If any party institutes any legal action or proceeding for breach of the provisions of this Agreement or the enforcement of any right or obligation herein contained, the unsuccessful party in such action or proceeding shall roimburse the successful party immediately upon demand for all reasonable costs and expenses actually incurred In connection therewith, including, but not limited to, roasonable attorneys' fees and expen~es. 9. ~. In the event of a breach by any party hereto of any obligations hereunder. the other parties hereto shall be entitled to obtain an injunction or to seek any other remedy available to them under law or inequities. The parties hereto acknowledge the potential Inadequaey of legal remedies and the irreparable harm which could be caused by any such breach and in connection therewith agree to the remedy of injunction provided herein. to. Exhibits. Any exhibits attached to this Agreement or any amendments or exhibits hereto that contain sketche~ or depiction~ of lols(s). common properties, lakes, roadways, improvements, or any other items shown on the cxhibits, if any (the "Sketched Item(s)), shall not be binding as to the existence, size, dimen~ions, locations or identification of any other aspect of Sketched lrem(s) and shall only be for inronnational, reference, conceptual and general ~chematic purposes only, The Site Plan attached hereto is a proposed and preliminary site plan of the Project and may be subject to change from time to time at the Developer's sole and ab90lute discretion. , I Authority. Owner represents and wamnts that it has full right and authority to execute and deliver this Agreement and that It is the sole owner In fee simple of the Owner's Lot. IN WITNESS WHEREOF, the Developer and the Owner have each eXel:uted this Agreement on the date set forth below, JAN-04-2002 02:59 PM KRISTEN CONTI 561 742 4281 P.04 .'1.......1.1 -a" EASBMINr AGRUMDiT __ hv.uuf ~"'-ID: HcMUt w. "'-Doqtl.lIll. HOLLAND. lCNIOHTu.P 0lIl 8.1rowInI Blwl., SaI&e 1300 Ft.laIderdaIe. PbicIa 33301 r."'~ AGItl:i:MENT mIS BASEMENT AGlU!EMI!NT (1118 "It -~ ~....nl") is .. lblI ~ rL . :tOO_by IIId Nh_ DAKOTA LOrn AT BOYNTON, t.LC, . ,Iarida 1iIIIIliDcl Uabillly ClllIIpu)' {"DaYeIoperj, baYing fa ~ ot'Ilcc . 2290 N.W. c~ aMI... Sui. 2-45, Boca RaIoll, Florida 3~31 ucI DaY14 J. Conti sad KristI!II Cotttl, ("0wIlilr''), whose acIlINM is 1 VqbDa G~ Delray BaIcll. Florida 33-4f.1..Q05. lUlCITALS W'HERIlAS, Dl::vtIoper Is 1IIc ft:c Ample QWDet of cetl8in real prCIptIt} 10CIIId In Palm Belch County, Florid8, beiDa - plIIticuJady described 011 Exhibit "A" lA~bed IMnto IlIId mid. a PI" heNclf (benlJnaftar 1bt "Propeny"); WHEREAS. 0wnIlI' Is the_ .. OWlIet of ccrtaiD leal property 1ocalIlcIlldjllll&llt lD 1hD P'OPCl1Y. beiDg ~ jlllJ1il;uIarly da:M:riblld on 1r.Thlhlt "8" IIllICbed hereto and made a part "-o( (haainaiar ~ "Owner'. Lot"l: WFlEREAS. Owner baa Mqllllled dlat DcvelopC!l' 8"W cetU _t riglus to Ownm', tbrllle beufitot OWIItr's Lot, as more fully set tbrth hcrc:In; WHEREAS. Oeve1oper has qMCI to gram such ~ rights, !l1Jbject 11) !be lllrIllS IIId ceadltlaas ;on1Iiaed ..in, NOW, TIIE.R.EFORE, ll.T lIIId ill toII$idcnttion ofthc mutllel ~ benc:fits and ~ of tho pII'ties lhcM10 and the sum oftEN ANtI NO/lOO DOLLARS (SI0.00) and oIhIr FocI and valuahle coMi4e.Miod, m. =olpt aDd Sllftlciellcy of whlch anl hClnlby aoknowlcdJCd, U'tC JJmtilll do hereby ..... as tbIlows: I. Ralifals. The <<Jove ~ _1nIe and cott8Ct lIIld iDeo.. poIl1W hcnllft by thls ,eta-.. ........n......-r "'........""" ....""".~:;o r,", .....~.L:=OIt:.N t...UNIJ. '561 742 4281 P.0S ~ ~~ 2. '''pM"- ~ IHId .._oil --..t SlIIIIect 10 my ClIq1I8 IlllIIdIIIollI, IiDIitIIIant or ....1IlaaI1llIIIIlned .... DMIopIr baby pIIIlI WIlD Owner. lilt die bInIftt tJI awan Lor, . J*P'IUIl no---llltlve iqlwI. ..... aid ... _1111" ,. ovtr Gld .-Ibt I'OI4wayIllllIWIrIlCled or to be ~ 011 thlIr pottiaa 01 PI" 1~'rty men pIIiiGuIIrIy clnlri I ~ 011 'blllhlt "C" ~ henIo lIIld lIWIe a pitt bINof (lbe "Vllhil:ullr ~ 11- ..- A1M!). fbr yooh;"dIr lido, ~ wIIh !hi r1&ht lD _ ... VeblCOI~ AllllISS E__ Ana fbr ad8q1J8ID Gld UlIObsaucII::d veIIiouJ.r ~ .. III _ hlIl Vqiaia an- (sUcl. fOIdway belli, \OllDoIi wilIIlallbt .....lb..~ bmaadBry old. Propmy), IlIId AoMhnn t... (Aid roIlhway beiDa 10-' ..... to dlelOl\lhldy bow1dIry ot'dIe P1opsty). 'I'he IIlCllIt ...,. .. shall be fbr msr-. .... and __ purpoea, fbrtltt \lit_ beaIII old Jll-* IIId fiI&uN_ ofan or any portioII ofOwnec's LoI, _ sIIaI1l1Ot IDcJudll the ri&bt III pat ~ III)' pclIdon atdle V~ Acczss Euement Ana or aoy Other pordoD 0(. P'l.v~. A.. i,ipat III reIocale. Devdoper sbaII bave the lIDilalcr:ll :!ght, but not the gbliptlcln, . any time, in hs 1I01e diIcRlion IIIId It i1I aoIe COlt and lIXpcllI$O, III reJocatt die Vehicular A_ EaIMlllllllt Area providal th8i sudl relocad1xl of the Veblcular ACCCII Euemcnt AmI dcles not permancntly iJdemlpl ()( probibit ""';...,. __ by !he Owalll'to and ltom tile o--s Lot. B. Access tIItmmh r....... 1JI the event Developer inllllds III COIISIIuCl eulry pial III any enmmce to lbe Propa'lY wbIc:h would l'llIlI'ict... Owacr's ability to obIIiD iDpII, ogress or ICCaI 10 the Qwnets Lor, as .. fbrIh IIbove, DewIapcr sbaD provldo Owner with my 4I9PI0llI-1llllry cards or l:Odtf wbIc:h may be requirad for Owner 10 olMain __ througb. sw:b pleI prior to Dewlop er'a compl4lllon olthe iDsIaIIatlcm or_. O\Irnets.. orlhe VahlcuJao Aa:ess I!uemettt ANUa4any pteS which may be couSll'UCW upan tbc: Pt"jlefty shall be subject lD IlllY ruIM IIId "W.otl"llll p'OIIll11galied by the c-lopIlI' or tile DeveIopa'. Auoclllion (as ~ definc:d) froI\I time to tilM relating to llIIlIa. 3. c;:.....l 11......_ Developer is !be OWllCl' at duu: caWll propeny described OIl El:llibir I'D" and maa. a part hereof' (the "Canal r.,)~"), upoa wblch Is eollSl1'\lCt8d a canal. Subjact to any .... conditions, Ilmitllloas or _alloal; con1liaecl baelD. Dewlopar hereby srants unto Owner, fer the beneflt of Q-MWt's Lot, pctpetual DOft.exclusive 1III.IIltlIt rip l1X (I) OOIIS\l'\I<<, iMtaII and malnlain a dock (lbt "OwuIr's Dock") wi1tJin the c-Il\~ lIIIId (ii) for &eee1lS avt;c aad III:fOIIS the c-J Propc.'l)', fioat... Own"s Ooclk 10 tilt mlrllCOllsllll Vl/1IUJrVm'f, which Is loeatm adjac:cnt to and east of the Canal Property. A.. Develmm'. AllIII'OVaI of Ownlor's Dock. Prior to commeacing the conS1nlCCiaP or ill5taJlatiOll of a dook, or an)' 1aOV1ICions to a dock wbich cun'llllly or may IlXlst wllllln the CaIIaJ Property from time to lime, Owner shall subn\it all plans and sptICUlcaliODS tbr the ptOpClStd docJc, or renovations (the "Cock Pll!ISj to ~Iol*' for Developer's prior writtea approval of llaIIIe, such approval not to be ulII'eISOlIlbly withheld. TIle Owner's O~ slWl be QOIlstructed and maintained In accordance with the Dock P_ and aU appllc.bl. !aWll, codes, onli~ IlDcl regulations of governmClltal emid". bavinS jurllldlCltilln over 11m Canal t'ropcny. Notwithstanding the fbrqoiDg, no docIcs or other relall:d ImprovetllealS sbaII be c:~, eredlld or placed by Owner willlin the Canall'Klpvtty. nor sha1I the Canal Property be used by the OwnOl' In illIWlIlOl', whidl would I'lI5lrict or limil the ability of oIbcr tbltd ~lllI baYing riglQ lD USO the Caoall\.:lpw'l1 to Mvigate bclIII md llIher vaseIs withhl the Canal Ptvpeity. ne,,~1 approJVaI ottbe Dock PlAns shall DOt be cMmecl to be ~ withheld if such !:loc1: PIaas U8 daemed by die Deve10per to ""Puvel)' IIfllNc the right ...<1 &bilily of any tIliJd plrliDB 10 UlIe the CalIaI P\"I'""~l. B. MAinIlmanat ofDook. the OwlIer's Dock shall be on.f....!POld al all times by 0-. at 115 solo <lost md DxJ*l". 1ft a Mat Md silbdY CClDditiOllIlld in !lOad working order. 'I'M ri&hIs gr&IIlllcl to Owllet IIIIdar Ibis l"ua;rapb 3 .... for purposes at pamittb!S the exis~ at lbc Ownet's l)oQlc which i>s or may be Ioc8ted within the Caaa1 Property from tUne to time, and sbaD inc:blde the ri&bt of ( 5&1 742 4281 P.B6 J. rlJ nof ~rl~._O/l ~,urAliL1.~~'f1IJ. ,p_, IfJf fA.. kj-ffiijrfJ~h ~ (/JI) br or iPe. .,11;-acv. __ _ IIw cat "..1)' U IIlIY be .-ry tbr QwIIcr 10 prOvldl aorM.IlIIII raudnI ....:--1Ild llIpIin 10" 0wIlIr'I Dock. NoIbiDS wmolnod" au be ~od ID .,.at1tl die OWner !be npt 11) ~ or leaxl5tlU\lt!be Ownea's Dock or to c:aasuuct lllIY new ckxts wid1iD the CaDaI I\~ witbOIlt obIaiDinll the prier wriIIIn apprtMJl at lhe n-Ioplr, III Iddition III maiJllI!Diq its cloek, me 0wIWll' shal1 be req1IIlai lD rui... IIId lriIa IIIl)' U- b:aIIId witIIIn lb. Owaa's WI which 110 wtdIiP M=I (IS) tIlet of_ c-a r...tMCY so".u limbs anclllnnclws _lit I.. ~tl"" (25) _irom die lP'Ound at all tiIMs and 10 that such _do aotob.lruat die vlllW oftht CanaI.l'nlprty by my parties owning all or illY pa'lfoll oflhe !'o<.jlfoJ:Y. rn tht tveIU 0wJ.0 dIalIlldl10 1D8inlUa die _ ia a III&ImI' II .. bdl .Jlow, IIw [)w-' III BIer .. o.v.lopcl's .~ sball bave tblI rJabt, but JKlt dw obllpdOll, to _ IIIllIlIll1!allIlld !dcIlr sucIl ~ as IIIlIY bID ~Iy NqIIinId to lMintain tho tl'eet, ill wbleh I'VeIIt 0wIllr shall repay DewIopa' dOl' 1118 DavelClpll'~ "..,.1-"..... .. -flIl'oprlate, 51IIlh SUIlIt of IIIOllIY ftlIIOIl8bIy ~ by 0ev0A0per or b ~ AasoGl8dolIlII pedbtmlDgIIIDI whbIn.. (10) days afta- wriIIIn lIIltiI:etom DmIIOperOl'Deveiaplr'I A~oll. ............oJl r;;;;.,... ,-"UN'''' C. MJ-- ofC'~" !'JOMrfV. n. Devaloper and/or 1M o.v.lopa'. AsIoc:lItIoa lIIlI)' l""A>.m III)' ~ 3Pd rapain 10 the Cmal Property as IIId wIleD it dataullt _oy fl'om lima to tiaIIl, in ill sola and absol1.llle dltotetlOll, wltl10llt tbe naed of 0"':.:". the Ipproval of the Owner or 8IIY otiMa' lhltd partin. A.1l ~ and apaIRI it\cIInwd by tU Dowlopcr 1IIIdI0I' tho Developer's AesoclatioD in cmmaction theflllllllll2 sba1l be divided In lID equitlIbIe D1-* and on a pro-rata basis ~ all parties ha'VlII: doob wltblD lha Canall'._ty. D. Contrlbation bv Owner. The 0wDII' sbaII sh8I*, 011 a pro-rata basis, III all oosts iDcutred by die ~ aaellor tha DevelllJl8l's AIIoclation in pertormhIa aa.y ~ andICII' raptita to tho CmaI Proparty (the "MaintenMCt Ceats"). Tho Owners obllptlollliO pay. pIO- nta sbmt of the MalntIDancc Costs shall comll1Cllcc on the date on wbidl this :E!aacmcnt Ap=cnt il1eCOrded in the Public b:ords o(PlIm Beach Collllty. PIorlda. 1b Ownen share of !be MaiJlttlnancc CoIlS (heteillaftlla- tho "Owne(s Pro.twa Sharo" shall bID dctenllir1ecl by multiplyinl the lOUt MalnteDauce CoIlS by a fI'actiQQ, the n\llll\lPllOl' otwbich illhe total square roo. of the seawalllocarcd within the Owur's Lot anellOI' tho Caa.aI Pl~ Joc.ated ~jaccnt ~ (the "Ownor'S ~all"), the denombwor of which is the total sq1lIN foota$e of all seawalls constnICtIed within the Canal PI opaty or tho land located adjacent thetc1o. For _pie: Owner's Pro-Rata Share" Maint\lnallcc Costs x TmaI Sa. Ft ofr.Nmet's Seawall Total Sq, h of all docks within 1bt Canal Proptll'rY aadlorthe land :ldJac:entthmto TIle Dovaloper uuIIor the Developats Associadon IhIlI be permitted to iDGmlSO or dccrtw the total square fooraga of all _aIls wltbln the CaM! Property at any time, and In Ib IUle and absolute dlSCMIOll, SIIbject: IIclwewr to any applicable zoning restrictiOllS, aad the provisions of this~. E. If the 0wIIcc &ils to P'-Y the QwIler's Pro-RaUl Slwe of the MaiD_ CoIls within thirty (30) days after raquest far payment by Oevelopcr or the Developer's Association, DevelOper aodIor the Developer's Assoclatloa shan have all rlabts me! rerudI.. available ID law and aquity. All sums d.., If DOt pald wldain aaid dIlny (30) day period, shall bear hdarat 110m the dua dale It I rate equal to the JUshes1 law(uJ rate. In the evant Developer mellor the Developer's MsociatiOIl is raquired to collec:t any lIIlp&id IIIIlOIllllS through col\cQcjoo and/or litlpllon, Developer or the Developer's ..usoclalion sha1I be endtIad 10 _over JTom the Owner its l'IIICIlIIbIa auo.~')'S files Iftd expeIlJeS tIIAI Dewloper 1IIdI000the DevtIIopar's ~ ~ haw duo rip to ~ .. Owlln riIblI 10 '* lilt CIlIIII ProIPCttr for IQY period during wbloll tile Owner'1 Pro-bIa Sbare of any l\I.I......-a! Colts nrl1IIiIII1J1IPIid and .winqueut. ~AN-~4-~~~~ 03:01 PM KRISTEN CONTI 561 742 4281 p.a7 Tha 0wIM:r IbII1I1lll be pIIIIIlnId ta WIIw CII' ochmviae 0IllIpt IlIbiJily ....m. 0wIa'. PftloRata SlIn by ~ or_ 0--1 Doc:IL or 1M Caul PYopIny. 4. u. M JI..._ -'I' Rl......,.........nlfl-w. ,... CluCIIcD& ri8btI JI'IIItM bInln IIlall be 1IIIld b7 Owner lu 1.1 awmerllllt (\) Is llOIlJlacetd: wllII any bUIIdIlIp IIIlI u.....v..... CClIllItNllIiIc IIpcID ar to be collSlnlClild upoa. dID Ploperty. (Il) is COIl5i5t-t willi and wlIJ IlOl iDIIdwt with !be rIsb1s at die Demoper. lbe Illrmlopel's AIIocIatloIl or III)' third pany to exen:isoI UId ~ lilY risJIlI it &My ilaw to UIII tba c-J Propaty; and (Ill) will mlnlmi. ~1t._ widI _ will be OOIIIpIdble willi *- WGlrrucaioa IIId ... of~Pildill.1Ild illlJIIOWIDG&L TIle Owaer Ihallla111/-1fy- IIld blIld die Dlftlopw aJld 1ha DeveIopel'I AaocIedoQ Mlml_ ftum llIlCIlS'linst all cIwpI, cIalms, Iialn'litlel _ ~ (Iaoludlaa ~ IlIDl1ICyI ,.. IIId ClIpOllIOI) tUIred 10 lIOIlfcI.atI, i1VllI'IoI. loll or --. of lII' to llI\Y (lenllD or PfOtJetY waing from w. Owner's and iu gucaa, IlceaSIICIIlllllllnvna., \110 Gilbo P1lljlC11t)', or any OQmgn ~ and 1Iw OWDllI"J Dock, ~. A";I!D..-!: ofnev.to__'s 'Ril."",. The parties ap tlIu DewJoper sbaJl at all dm.a haw cba rigltr III CXlIIvey die ~ udlor aulp Ita Developer's rishtl II1ld obUptl_ h....'UQ&.. to a jIiovjltot)' OWllIll1lUSOQiation. holllaO_ _1aIi0ll, and/or COndomlalwD ISIOClatlon <ftMed by Deoveloper lbr JlUfP*1 ofllUlintainin, tile Plopmy by "*P' of coaveylns all or lIII)' por!lan of1he ~l)' II) said 8SIOeiatton(s), suIlmltUlll all or lIlY portion oltbe I'nlpaty 10 I DecJmoatIoII af'hetrictloDs. or by uslpia, its riP and obliptions henlllllUr III lIicI_iadOll(I). Upon suolI 00'"""'" suJ--' or '''';8'''''Mt, n.velopa' shall be RlcIsed from aIlliabilitlcs and obligatloas beramdcr and IWlh popmy owners. homcoMletS or condominium OWDCI$ -.soc:laIiclIllbIIl be soldy ICSpoasIblAl fOr all obllptklu of Developer /unander and sIlaII bave lbe rlgbt III cn1bz= all rip ofDcvelopw b-=ndc:r, 6. B''''"'''' Et'fl!ct. 1\11 - .1,oolQI grmla1 beteln sbaJl be binding upoo d1e pattia, lheJr I~" heirs,,, '..... ~ lUC'eIIOI'I"lSigns and sha1I lit !or d1e WlIl and benefit olaU pIWmt IIIIl lUIlue owncn at IDe pnlIMlIty, IheIr ---. 00.- -....... ....... iDY_ Ifv.o'l ~I. peslS. -1J""lI!I UlCIIor tnOl'!pPCS of'all of my J'OftIoa ot1he I',vywlty "-meIer. 7 Tr.IIIS1Cr Ril!hfs. Nolhing contained ill rh!t Easemem A&Ranem sbaII be d-..d TO " a lift or dedlC8Iion of any portlon of~ I'IllpCIt, to tile seaeral public or fur I/IY public _ or JlIII'IICIII8 whL.-wr, It being tho intentloa of tile parties hcrero Illd !heir s_ and _gps. tluIt nalhing In lItif 8."1IIe1'1' Apement. exprencd or implied, shell cod=r upon iIII)' pcnoo, other lIIaIl ttIc putles heIeto and tIleir SUCCell:lO~ ami assigns, any tigbls or remedies undet or by r=son of this Easement: Agmlment. MillCllllanl!'llus. 8. 0.. AJIII ~ A. If any pnwIIion ofthia Easement AlJI'M!IIOD!, or potllon tbcnof, or the applicetkm thereof to ",y person 01' ~ shall, to MY _ be held hlvelid, iDop.rat.lve or ~ the nmaindcr of tills Eaemcat A,pement, 01' tile IIppIicaliQII ot such provlslon or portion tbe1eofTO my other pcnons or ~ shall nat be aff'cetcd thereby; it st.J1 not be deemed .. any sudI invalid IJ"Ovlsioa a4'el:ts dlc ~ fer !his Easement ~ and eacll pmvision of tbls Easement Aarvement sball be valid and GJIforc:Ieable TO tile fuIIesr exleIIt ~ by law. I;( B. Thil; Ef--.t Agrccmsnt sball be QClIISltIIed in lCClOI'dIuce w1tll1be laws of the SlIliII of Fklrida. C. NoIbln; In thiI &s -""! Apment shall be collSlrlled to mak:a tbo pll'tlea haID pItlners or joint \'CIIIIIftlrS orlalder anyplll1y IWlIt for the daba or obliptiClllS of the otlIw 1*'11- brnID. D. Unl_ odIwwlao spnitleally provlclc:d lleteln, flIIs !'A8emcIIt Apmcdr, and die -- I'IIlbtS COIIlIlinccl hcrelD, may not be 1lIICIIded, modltIed, or tenninated acepl punuant ~HN-~q-~~~~ ~6:~~ PM KRISTEN CONTI I- ~\A ~ 561 742 4281 P."'8 to wri.. ~ _....11111d ud IClaIowIllclpcl by all of1lll putiellIa'OlO or "'111 IClI1 or UIIp. mI....orcIId iIlllll P\Ib1Io RIcordI otPaIm a.h Ccuaty, FloridL B. Thill I __ ~. ..... be i&:tlw QlI the dalII nacnIId ill die PalI1i; Rm'" .. .un be loloull~ IIld ilIIn 10" bIadt oftlw '''I*l1ft bIIn, 1epI...,. - --..... linn" aaipI of IJt'\-'rper lIIId 0wNr bala, it b.ms u. inlIar bcnof'thIt die rlablllIId olollptl-o !Ialldlldcr IbIIIIIIII wida dIo lIDd II1IiI Mow 0WI\fI'IbJp oftbe I\......lf aad 0wMI'. Lot. r F. Dweklper 111111 ill! dIo riPe to 8Jalll1UIlh 8IIditIarIIl ~ -_l~ --. ~ and llllIOIIlht VeblcnlAr ~" 1I11llnt Area Ill4 1M c-Il\~r-e,y. ill lis IDle 1IId...... dial:.4i..u, widIout the IIIIlllI for the CClIIMDt or jolDdlr tbInto by tha Owner, at IIllY cdMr peIICID, provided dIlIIt sucb.1dcJm....u _-~- do IIOl: acMrIeIy affect or l..lIIlt.v 1Vith the rishtt comoeyed 10 0wIlII'''' G. NoIh1D8 ~ ia this ~ AjpIIIIIIll shaI1 be CCllIIU'\IId - ~ MIY ri&blI ill the pun! public or as ~adI0'l';n8 tor public lISt lID)" portlcn at the PlOpIlI'ty. No lftfllllll""~. ~ lbose ~.. fbrth beteiIl sbI1I be Impned by this e:a-t A&r<HrlM~ 9_ t.utlloritv: Owner r=presonts and warraDlS that it has full right IIld authority 10 _'* IIld doliver this Euemaat Asr-neat and that it i. the sole OWl*' In fee silllJllo at the 0wIIet'. Lot IN WITNESS WHEREOF, _ Dne1opor and the OWner have each _lid IbIa Bas -"'It A.,.~ on the _ IIIC f'orcb belC1W. Siped md scalod ill the DAKOTA WITS AT BOYNTON, u.c. 8 FIorlda lillli* liabiUty CllIJIpIIIY By' Print N~ TltI,: PrilIt NamI; PriIIt Name: Dllte: STATE Of l'LORIDA COUNTY OF ) ) ) The foregoing inaIrWIIOl1t ... aclalowledpd "ofon lIle this day of . 200-, by , as of OAKOTA LOFTS AT BOYNTON, LLC, a Floricla limiu:d liability company, on behalf of said company, He/She i. personally knOWll to me or Iw prlllluced u idtDtifillldoll. (SIONATUIU! OF NOTARY PUBUC) (NlIDUl otNocary. typed, princed or ...~ (Title or raaIt (.taIII1IIIIbIr. If lAY) FACSIMILE UTY OF BOYNTON BEACH Department of Development City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax Planning & Zoning Division To Frolv! Dfffe. H.P. Tomkins E.1<.}C- ~O ~SotJ (2.-3-01 p.fx (561) 997-5721 YJ'lN lS (p I) qq?; - OC/Sc; Rc' DltK-oIA uJt ~t:n- l'lw T ~\fe !".:rpR.eNft) Attached you will find an email message that I tried sending you regarding the Dakota Loft's Conditions of Approval. Staff is recommending site plan approval, contingent upon approval of the concurrent rezoning / land use change, abandonment request, subsequent platting, and the site plan's conditions of approval. If you have any questions or comments, please feel free to contact me at the above referenced telephone number. If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. Johnson, Eric From: Sent: To: Cc: Subject: Johnson, Eric Monday, December 03, 2001 10:17 AM 'hptcon@bel/south.net' Kemmer, Rodger; Rumpf, Michael; Galav, Lusia; Borden, Bob Dakota Lofts site plan and Fire approval Mr Tomkins, As you can recall, the Dakota Lofts site plan application was heard at the November CRA Board meeting and tabled until the December CRA meeting due to in part because of the Board's examination of the emergency vehicle tum-around area. Per our meeting with you last Friday (11-30-01) regarding this issue, you are to request a letter or memorandum from the City's Fire Department indicating their approval for the "T"-type fire engine turn around area, proposed at the southeast corner of the subject property. Fire review and approval is a necessary component of site development and this became a critical issue at the last CRA meeting. The Board must feel confident the plan meets Fire's approval. It would be highly desirable to have staff from Fire to be present at the next CRA meeting because I'm sure the Board will have further questions. The next CRA meeting will be Tuesday (12-11-01) at 6:30 p.m. If you have any questions or comments, please feel free to call me anytime. Eric Lee Johnson, Planner Oty of Boynton Beach Planning & Zoning Division 100 E Boynton Beach Blvd Boynton Beach, FL 33425 (561) 742-6260 1 _ TY INC. Fl NO. 1 561 738 7911 . 28 2001 06:01PM P2 November 20, 2001 City of Boynton Beach Community Redevelopment Agency RE: Dakota Lofts Site Plan We are Boynton Beach residents who live immediately adjacent to the Sun Wah property. The following issues we would like addressed prior to approving the redevelopment:. 1 Agreement for uninterrupted water and sewer service. 2. Agreement for eJdsting docks to remain and access to ICW 3 Fence on property line to remain or privacy wall to be erect~. 4 Southeast building to have decorative elements on east elevation facing ICW 5 Revise building height to meet code. 6. Clearly indicate turn around for fire and emergency at 81E comer The following issues affect all our neighbors and need to be addressed; 1. Agreement for water service and making good Bamboo Lane after installation. 2. The current inclusion of the canal in calculating the allowable mnnber of unit~ reduces the green space of the property Please insure that this meets code. 3, Current entry to Bamboo Lane is dangerous due to inadequate width. Provide .. _'. _ pl~tfQ[ wid~Jli.gg~d.ingllJ.de plan for unintcmupted phQJ;I.~.!iervic.eJlm~ Bell South switch at Bamboo Lane island will need to be relocated. 4. Tempofary landscaping and fencing during constroction. 5. Provide private gates at Bamboo Lane and Virginia Gardens to prevent increased traffic on one-.lane private roads. 6 Guest parking inadequate. 7 Elevations for Federal Highway West, North and South should be improved. 8. Backup for garage inadequate for large vehicles. .9 16' width inadequate fortwo-car garage. 10. Decorative light fixtures to be installed. 11 Contractor to address clean-up of neighboring pools and decks. Should development be approved, we, as residents, would like the opportunity to review and approve the construction schedule, i.e. consideration of site trailer, site facilities, dumpsters, working hours, clean-up plan and duration of construction. wtie:: 'j Jfl issues.... ,d<hessed prio'lOthe _opm... approval ) tv -~ ~ .r and Denise Canova 11/28/2001 09:54 551-832-9583 ZELUCf~ INC JIM SZTUI< PAGE 01 V,4 Ax ~~~. 400eQ November 20, 2001 City of Boynton Beach '-" Community Redevelopment Agency A"11?\.: 1J11C1/~~ )/oyl..AiI)) RE:DakmaLoftsSUePmn We are Boynton Beach residents who live immediately adjacent to the Sun Wah property. The following issues we would like addressed prior to approving the redevelopment: 1. Agreement for uninterrupted water and sewer service. 2. Agreement fur existing docks to remain llIld access to ICW 3 Fence on property line to remain or privacy wall to be erected. 4 Southeast building to have decorative elements on east el~vation facing ICW 5 Revise building height to meet code. 6. Clearly indicate tum around for fire and emergency at SIE comer The following issues affect all our neighbors and need to be addressed; Agreement for water service and making good Bamboo Lane after installation. The current inclusion of the canal in calculating the allowable number of units reduces the green space of the property Please insure that this meets code. Current entry to Bamboo Lane is dangerous due to inadequate width. Provide plan for widening and include plan for .mintP.1TI1pted phone service si.nce Bell South switch at Bamboo Lane island will need to be relocated. Temporary landscaping and fenciIlg during construction. Provide private gates at Bamboo Lane and Virginia Gardens to prevent increased traffic on one-Jane private roads. Guest parking ina4equate. Elevations for Federal Highway West, North and South should be improved. Backup for garage inadequate for large ve.bicles. 16' width inadequate for two-car garage. Decorative light fixtures to be installed. Contractor to address clean-up of neighboring pools and decks. Should development be approved, we, as residents, would like the opportunity to review and approve the constroction schedule, i.e. consideration of site trailer, site flIcilities, dumpste(s, working hours, clean-up plan and duration of construction. 1. 2. j '- 4 S 6. 7 8. 9 10. 11. We would appreciate iftb,ese issues are addressed prior to the redevelopment approval "'-./ cc: ~ota Lofts NDV-16-2001 17:10 FROM TO 1561742625'3 P 01/01 ONSULTAN1'S, INC, 2295 Corporate Blvd, N ,W. Executive Court One Suite 340 Boca Raton, FL 33431 Tel 1161-998-0955 Fex 561-997-5721 'mllil: hpCcon@beUlouth.nel PROFESSIONAL ENGINEERING !.\NO DeVELOPMENT . SITII: EVALUATION . (iOViRNMENTAl. . PEIlMI'l"lING . TRAFFIC ANAI.~ .. OOJIIC\JllRliNCY . PRO.JlCT MANAGBMIlNT . ENVIRONMI!NTAL ., November 15, 2001 VIllFu: 561-742-6259 Mr. Dick Hudlon Mr. Eric Jolmlon City of Boynton Beach DepvtlIlel1t ofDeve1opment PllaIning and Zoning Division 100 East BoyDton BeadI Blvd. Boynton Beacb, Florida 3342S.o31O RE. Dakota Lofts Dear Gendemen. Please poetpoDe me lend Use .~nlng oftbisproject to the City COIIIJIIiDion meeting in ~. -1 understand that the me p~ and rezoning IIUlst be done simultaneously We are working with UtilitieS to resolve the ilSUe of the wells and II1ticipate that ell issues wiD be resolved in order to be on the De<<mber CRA meeting 1Ipllda. If you have any questi~ or naed any addhioual information, please wntact me at S61-998..09SS Sincerely, H. P Tompkins, Jr. Princip81-iJi.charge TOTAL P 01 FACSIMILE LlTY OF BOYNTON BEACH Department of Development City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax Planning & Zoning Division To Co, Fr01'1 1:Afe 72JS ' H.P Tomkins 1-1-. P TOM k.1I.)~ 'Z.-R Ie. (.e!e -::::r~SoYl 11- '?-'DI Dltk-6T Loft- C:Yl~~/7D>1'5:, of- MfM1f I l?1-; (561) 997-5721 7Jw~ (c;bl) 1<7'8"- 0955 Attached you will find the Dakota Loft's Conditions of Approval. Staff is recommending site plan approval, contingent upon approval of the concurrent rezoning / land use change, abandonment request, subsequent platting, and the site plan's conditions of approval. Special attention should be given, in particular, to Fire's comment (#3) and Engineering's comments (#14) regarding emergency vehicle turn-around area, as they are both related to the same issue. The current site plan still does not satisfy this emergency-vehicle turn-around area requirement. It is highly recommended that you communicate with the Engineering Department on this matter before the public meeting. The project has other outstanding issues but this emergency vehicle turn-around area is of critical importance. Please do not forget to bring me the project's color rendering (photograph). If you have any questions or comments, please feel free to contact me at the above referenced telephone number. If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. FACSIMILE crl ( OF BOYNTON BEACH Department of Development City Hall, West Wing 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax Planning & Zoning Division TO' COMPANY FROM: DATE. RE. H.P. Tomkins FAX. (561) 997-5721 PHONE. (561) 998-0955 H.P. Tomkins Eric Lee Johnson 10-24-01 NUMBER OF PAGES: (includina cov) Dakota Lofts drainaae reauirements and CRA meetina 1 On Friday, October 19, 2001, you submitted revised copies of several plans, including but not limited to architectural and landscape plans that were required in order for the above referenced project to proceed to the November 13th Community Redevelopment Agency meeting. Laurinda Logan from the Engineering Department has determined that the following comments still have not been addressed: 1. Comment # 29- Provide drainage plans and design data for site drainage as specified in the LOR, Chapter 6, Article IV, Section 5. Show flow data geographically (flow arrows). Indicate rim and invert elevations for all manholes and catch basins. Provide details for exfiltration trenches, catch basins, and manholes. Indicate by note that storm water will be contained on site (LDR, Chapter 23, Article II.F.), 2. Comment # 44- The roads on the north (Virginia Garden Drive) and south (Bamboo Lane) sides of the property are deficient with respect to right-of-way width and pavement width. Bamboo Lane will be required to be widened to 22 feet to meet minimum street pavement widths (LDR, Chapter 6, Article IV, Section 10.C). Virginia Garden Drive has previously been determined to remain a designate private drive and will therefore be exempted from any upgrades to the majority of the roadway. However a turn-around shall be provided at the north terminus of the roadway connecting Bamboo Lane and Virginia Garden Drive (LDR, Chapter 6, Article IV, Section 10.D). Streets shall be designed in accordance with all applicable sections of the Code and LDR. The project has other outstanding issues but these are of critical importance. Comment #44 can be addressed at the CRA meeting. The Planning & Zoning Division, however, must receive revised drainage plans (which are acceptable to Engineering) that address Comment #29 no later than noon on Friday, October 26,2001. In the event we do not receive these revised plans, the project will be tabled until the December 2001 CRA meeting. Also, the abandonment project is postponed until Jose Alfaro determines it can proceed to the next level. If you have any questions or comments, please feel free to contact me at the above referenced telephone number If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. SEP-25-2001 09:24 FROM " , HPT "ONSUL'D\NTS, INC. l295 Corporat. Blvd, N. W. Executive Court One Suite 240 Bo.. alton, PL 33431 Tel 561.998.0955 Fax 561-997.5721 !ftall: hpte.n@bellseuth.nel PROFESSIONAL ENGINEERING LAMl DEVELOPMENT . SIT! llVAU.!ATlON . GOVERNMENT.\L . PEmITI1IIG . TRAl'FIC ANAL'ISJS & CONCURRiNCY . PROJECT MANAGEMENT . ENVIRONMENTAL TO ,1"",,17426259 P.01/01 . September 24, 2001 Vta Fax: 561.742-6259 Ms. Sherie Coale Cily of Boynton Beac:b Dep811Jl1ent of Development Planning and Zomng Division 100 East Boynton Beach Blvd. Boynton Beac:b, Florida 33425-0310 RE: Dakot4 Lofts Dear Ms. Coale, Pursuant to your memo, please postpone this item to the next available Tec;bnical Review Committee. We are tryiJIg to resolve all of the IlOmments received to dale and finish the archilectural plans required for this submittal. I apologize for this request for postponement, but I would like to address all oClhe comments one lime and not waste stII1J's time with more than one TRC meeting. If you have any questions or need any additiolllll inf'ormaliOIl, please IlOntact me at 561-998-0955 Sillcere1y, ~+.~ H. P Tompkins, Jr. ....."'-In~ TOTAL P,01 "~"'Y'?'.',"', / - ,'\ \ (" , , \ .. 0' 1- ", 'Q\ ~ U ,J-~~,_ _' ',v'Y I 0 i~ v' DEPARTMENT OF DEVELOPMENT Planning and Zoning Division . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment September 19, 2001 Mr H. P Tompkins, Jr HPT Consultants, Inc. 2295 Corporate Boulevard, N.W Executive Court One-Suite 240 Boca Raton, FL 33431 RE. Dakota Lofts Dear Sir' Pursuant to your request for postponement of review by the Technical Review Committee of the above referenced project, the review has now been scheduied for Tuesday, September 25,2001 As a result of this postponement, your scheduled dates for hearing by the Community Redevelopment Agency and the City Commission are now November 13, 2001 and November 20, 2001, respectively In addition, since the site plan for the project will also be reviewed the master plan for the Planned Unit Development, the land use amendment/rezoning and abandonment applications for the property will be heard by the CRA and the City Commission on the same dates as the site plan. Should you have any questions, please contact me at 742-6260. Yours truly, ~jI Dick Hudson, Senior Planner J:\SHRDAT A \Plannlng\SHARED\WP\PROJECTS\DAKQT A LOFTS\lUAR\Reschedule ttr.dot City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, FL 33425-0310 Phone (561) 742-6260 . Fax (561) 742-6259 . www.ci.boynton-beach.fl.us TO 15617426259 P 01/01 SEP-17-2001 18:49 FROM HPT NSUL1l\N1'S. INC. Z2911 Corporal. Blvd, N. W. Executive Court One Sulle 240 lI""a Raton, FL 33431 Tel 561.998.0955 Fa. 561-991-6721 Entail: hptcon@bcUlouth.net PROFESSIONAL ENGINEERING LAND DEVELOPMENT . SITE EVALUA110N . GOVERNMENTAl. . PI!KMrmNG . TRAFFIC ANAl.YSIS " CONCURRENCY . PROjEC1 MANo\GSMBNT . ENVIRONMENTAL September 17, 2001 ViaFax: 561-742-6259 Ms. Sberie Coale City of Boynton Beacl1 Department ofDevelopmellt Planning aud Zoning Division 100 East Boynton Beach Blvd. BoyntOn Beach. Florida 33425-0310 RE: Dakota LOfts Dear Ms. Coale, Pursuant to your memo of September 15, 2001 please postpone this item to the next available Technical Review Committee. We are trying to resolve lIII of the IXIIIIIII8IlU rec:eivecl to due and finish the an:hitec1uraI plaDS required for this submittal. I apologize for this request for postponement, but I would like to address lIII of the comments one time and not waste staff's time with more than one TRC meeting. If you have any questions or need any additional infonnation, please ClODtlKll me at 561-998-0955. Sincerely, ~~ H. p, Tompkins, Ir Principal-in-cbll1'ge ( rn ~ m !?, I: n; ~ fnl 1--------"1111 ! I SEP I 8 2001 ". L----.~_-.J l PZ{~!:Nlt~f~D . j TOTAL P.01 ../ DEPARTMENT OF UTILITIES MEMORANDUM NO. 01-156 A TO' Michael W Rumpf, Director of PI arming and Zoning John A. Guidry, Utilities Director ~ H. David Kelley, Jr., PE/PSM, Utility Enginee~ 00 ~ ~ ~ ~ \VI ~ 00 OCT26? , ; PU1;';':1NG AND Zm,iNG DEPT THRU' FROM. DATE. October 25,2001 REF Original Memorandum Dated August 17, 2001 RE. DAKOTA LOFfS NWSP 01-010 - 2nd REVIEW We offer the following additional comment as a requirement condition to the above noted proj ect: A. The existing well shown on Parcel 2 of the survey prepared by O'Brian, Suiter & O'Brian, Inc., dated July 17, 2001, currently serves the dwelling at 2 Virginia Garden Drive. It wilI be a requirement of the applicant to either 1) connect this residential dwelling to city water that is available to it, or if that resident owner elects to forgo city water, 2) install a new well to serve the residential dwelling. .Jan 02 02 11:21a HPT CONSULTANTS, lNe. 22~5 Corporate Blvd, N.W. ExecuHve Court One Suite 240 H()('tt Raton, PL 33431 Tel 561.998.0955 Fax 561.997.5721 Emai1: hptcon@bellsouth.net PROFESSIONAL ENGINEERING IANI> DEVELOPMENT . SITE EVALUATION . GOVERNMENTAL . PERMrmNG . TRAFlOIC ANALYSIS & CONCURRENCY . PROJECf MANAGEMENT . ENVIRONMENTAl.. S.!-aples 18..38517806 December 31, 2001 10-i I:: li;) lJ~ r JAN L 2 200? I', , .S ij Via Fax' 561-742-6259 Mr. Miclutel W Rumpf City of Boynton Beach J lepartment of Development 100 East Boynton Beacl, Blvd. Boynton Beach, Florida 33425 Re: Dakota Lofts Dear Mike. I'w'suant to your letter cfDecember 21, 2001, please accept the following responses: 1 Formal agreements b lYe been prepared by the developer fur providing the nece8Sll.l)' water services to the residences on Vll'ginia Ganlen Dr. and Bamboo Lane For your information the residences on BlIll1boo Lane misrepresemed the location of their water wells as being located within the Dakota Lofts property, when in fill r their wells are located within private property Iocated on the south side ofBaflboo Lane. In the spirit of cooperation the developer bas agreed to stand by hh original commitment to provide water services 10 these residences. These fo rmal agreements have been presented to the property owners ror signature 2. The above reference,) agreement aIso addresses the use of the existing docks. The existing docks ,,>ill be allowed to stay, however no Dl:W or additional dockage will be aIl01 ved. 3. Bamboo Lane is creciled by an Wlfel:Orderl plat. I have furnished a copy of this to the City Engineer Bamboo Lane is approximately 65 feet wide at Federal Hwy and approxinllLl.ely 42 feet wide III Dakota Lofts project entrance. The existing roadway is 11llved and has a small median island. The pavement is sufficient to handle t ]II proposed traffic for this project as well as the existing residences. The exiHing pavement is adequate for emergency vehicles. 4. A revised site plan n lOre cIeIlrly indicating Virginia Gardens Drive, will be presented prior to tbe eRA meeting. 5 The developer at lhi I time is not installing any gates ror this project. 6. The portion ofBamhoo Lane thaI will be improved is from Federal Highway east to the projects I ntrance A enlarged plan fur this improvement will be presented 10 the Cit I prior to the eRA meeting. p.1 5 "I f' ,! -1,! ,. ,! ._ J ~an 02 02 11:21a 5ta,,1l!s 18438517806 7 Dlustrations of the proposed entry improvements will be provided to the City prior to the eRA meel ing. 8. Details of the outdoor lighting will be provided to tbe City prior to the CRA meeting. I trust these responses ad :lress all of your concerns. If you have any questions or need any additional infonoation please contact me at 561-998-0955. Sincerely, '-~~ --, H.P Tompkins, Jr. PE ( Principal-in-charge cc: Eric Johnson, Planne ".2 5 "" (~\~P\.. ~I i )X 0\ ~ (;: ,J..'...... ,...,; ~.' ,......r-o;l-0(.. DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION 6 · Building . Planning & Zoning . Occupational LIcenses . Community Redevelopment December 21,2001 Mr. H. P Tompkins, Jr. HPT Consultants, Inc. 2295 Cotporate Boulevard, N.W Executive Court One-Suite 240 Boca Raton, FL 33431 RE: Dakota Lofts Dear Mr. Tompkins: As you know, the Community Redevelopment Agency will review the above referenced project on January 8, 2002 and the City Commission on January IS, 2002. At the last meeting, the Board was unsatisfied with a number of issues, including but not limited to the elevations, vehicular back-out area, increased traffic, and emergency vehicle ingress / egress. In addition, there were concerns from the adjacent residential property owners about the disruption of the potable (well) water supply, and use of the [mger canal. Below is an itemized list, derived from various sources, including the minutes from the November 13, 2001 CRA meeting and also from letters submitted to staff. This list of questions and concerns are to be addressed prior to further review of the Board. Per your discussion with staff yesterday, you are to respond to these questions no later than 5:00 p.m. Friday, December 28, 2001. Please provide a written response as to how you have specifically addressed each issue, either on the site plan or via appropriate documentation: 1. Provide formal agreements between the developer and the adjacent property owners regarding the current and proposed water service. 1bis directly relates to those adjacent single family residences currently receiving water service from a well that is located on the subject property 2. Provide formal agreements between the developer and the adjacent property owners regarding the continued use of existing docks located on the finger canal of the subject property 3. Identity the type of roadway and width of Bamboo Lane. The sunrey should accurately identify this roadway (i.e. public or private right-of-way, drive aisle, or easement). 4. Access for Virginia Gardens Drive should be indicated more clearly on the proposed site plan (which area of the Drive will be removed or proposed). 5. Indicate entry gates that the developer intends to use in order to minimize vehicular traffic from spilling into the adjacent neighborhoods. 6. Indicate the specific segment of Bamboo Lane that the developer intends to improve. 7 llIustrate the improvements made to the entryway of the development. 8. Indicate the use of decorative outdoor freestanding lighting fixtures. Yours truly, ~ Michael W Rumpf cc: Quintus Greene, Director of Development Eric Lee Jolmson, Planner S:1I1~HAREO\.WP\PROJECTS\DA.KOTA LOFT$lNWSP Ol-Ol<l'CJl.A iPIl.. 3 60c City of Boynton Beach' 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425.0310 Phone: (561) 742-6350 . www.c1.boynton-beach.fl.us DAKOTA LOFTS NWSP 01-010 1st Review Planning August 24, 2001 (f The front and rear setback for the R-3 zoning district is 40 feet. and rear setbacks. I"'bL\I~.s As proposed, the encroache. into the front Must process and abandonment and rededication of roadway access easement and associated utilities. Replat of the property is required. On the site plan's tabular data, indicate the building setbacks for the R-3 zoning district for the front, rear, and sides of the building. The site plan must identifY the Future Land Use and Zoning District designations of the adjacent properties. The site plan must include traffic control markings and location of signage. The site plan must show the location of fIre hydrants. The tabular data on the site plan shall include the following elements: Exiting and proposed Future Land Use designation; 2. The maximum height allowed in the zoning district; 3. The proposed height of the structure; 4. Detail the number of "Type A" units and "Type B" units; 5 The impervious area, pervious area, and water area should equal the total lot size. Change the tabular data so that it adds up to 1 00%. The site plan must show the location and dimensions of the driveways for each unit. The site plan must show the location of air conditioner units or any other proposed above grade mechanical equipment. This is to ensure that proper screening is available. On the site plan, show the location of all outdoor freestanding lighting poles. Provide a typical drawing that includes the height and color / material of all proposed freestanding outdoor lighting poles. Dimension or provide a typical for the fIve (5) parking spaces for the recreation area. Include a color rendering of all elevations prior to the Planning & Development Board meeting. Submit a color sample / swatch of all major exterior fInishes. Each sample and / or elevation shall include the manufacturer's name and color code. The elevations must show all four (4) building sides of "Unit Type A" and "Unit Type B" On the floor plan, provide doorways and windows to the bedrooms to Unit Type B. The stairwells of Unit Type B do not make sense. Please clarify The elevations and floor plan must include the scale of the drawing. The floor plan must include the total square footage for each unit. The typical of "Unit Type B" on the floor plan incorrectly identifies "Upper Level Floor Plan" as the "Ground Level Floor Plan" Landscaping at project entrances shall contain a minimum of two (2) colorful shrub species on both sides of the entrance and a signature tree (Chapter 7.5, Article II, Section 5.N.). Note that signature trees do not contribute toward the total number of required perimeter trees. The foundation landscaping shall be required in the front and side of each multi family dwelling unit (Chapter 7.5, Article II, Section 5.L.). On the landscape plan, label vegetation to be preserved. The landscape plan shall include the following notes, "FDOT Type D or F curb shall be provided along the perimeter of all landscape, drainage and grassed areas adjacent to paved vehicular use areas, except where wheel stops are provided" Staff recommends the use of pervious pavement. Since off-street parking for the development will be provided via two (2) car garages within each unit, staff recommends that the garage area be increased to 18 feet in width by 20 feet in order to be comparable to two (2) standard off-street parking spaces. Staff recommends that the landscape buffer along U.S. I (front landscape buffer) be a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species, which will function as a continuous hedge. Staff recommends that a continuous hedge along the front and side landscape buffers be installed at 24" in height but maintained no less than four (4) feet nor greater than six (6) feet in height. In addition, it should be installed with 24 inches in spread and planted with tip to tip spacing immediately after planting to adequately cover the planted areas. S.\P1annina\SHARED\WP\PROJECTS\DAKOTA LOFI'S\ht review Planning.doc 'iHPT tONSULTANTS, lNe. 295 Corporate Blvd, N. W. Executive Court One Suite 240 !loca Ralon, 1'1. 33431 Tel 561-998-0955 Fax 561-997-5721 lmil: hptcon(q1bellsouth.net PROFESSIONAL ENGINEERING LAND DEVELOPMENT . SITE EVALUATION . GOVERNMENTAL . I'ERMITIING . TRAFFIC ANALYSIS & CONCURRENCY . 'ROjECT MANAGEMENT . ENVIRONMENTAL September 27,2001 City of Boynton Beach Department of Development Planning and Zoning Division 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 RE. Dakota Lofts Pursuant to the 1" Review Comments from the Technical Review Committee, please accept the following responses: Utilities Department: I According to the revised landscape plan, there are no trees and lor shrubs to be planted where the proposed and/or existing utilities are to be located. 2. PBC Health Dept. permits will be applied for at the appropriate time. 3 Fire flow calculations will be submitted at time of permitting for the water main extension. 4. The capacity reservation fee will be paid at the required time. S At this time, the developer is going to utilize a well for the irrigation. 6 Certification has been added to plans. 7 As-built information of the existing sewer line is currently being done. Preliminary investigations indicate that the sewer can be extended as shown on the plans. The connection to Lot 2-A is now shown on the plans. 8. The revised plans show the water service for Lot 2-A. 9 Bamboo Lane is not being changed from its original design as it is completely off of the subject property Virginia Garden Dr will change its access to route thru the proposed development as shown. 10 Landscaping revised to not interfere with utilities. 11 The entire common area will be utilized as a blanket easement for egress/ingress, drainage and utilities. 12. No response required. 13 Each individual unit will be metered and as such should not require a RPZ. The fire sprinkler system for each unit does have a RPZ built into the system. 14 It is understood that the building permit will not be issued until water, sewer plans have been approved by Utilities. 15 Please find enclosed the drainage calculations. 16 The required statement has been added to the plans. The power, cable and telephone services are in the process of being located. Fire Deoartment: 17 Plans and construction will comply with the Life Safety Code. 18 Each unit will have a fire sprinkler system as required by code. 19 Flow tests will be conducted to verify the required fire flow 20 Fire hydrant test will be conducted prior to construction. , 21 The required 5' clear zone around the hydrant has been provided. 22. Paved or stabilized roadways will provided prior to vertical construction. 23 The roadway to the north has been revised to a max. length of 150.00'; the roadway to the south has been provided with a connection to Bamboo Lane for fire truck access and now meets the code. Engineering Division: 24 General note added to plans as per comment. 25 The required pennits for work within public r-o-w's will be applied for 26 The existing zoning and land-use for the adjacent properties has been added to the site plan. 27 All of the known utilities have been shown on the surveyor site plan. 28 Engineer's certification added as per comment. 29 Drainage plans revised and information added as per comment. 30 Copy of the soils report is enclosed. 31 Lighting plan is being prepared and will be submitted to the City under separate cover 32. The sidewalk along U.S. I is shown to be upgraded to a five foot section. There are no local streets within the development, the project utilizes parking tracts and as such sidewalks should not be required. As to Bamboo Lane, there is not sufficient r-o-w for sidewalk construction and Bamboo Lane is not located within the boundaries ofthe development. 33 Sidewalks as required will be constructed as per the comment. 34 All sidewalks will meet the required Handicap Code. 35 The backup distance for the pool parking spaces has been increased to 27' 36 Note added to landscape plan as per comment. 37 The irrigation plan is being prepared and will be submitted under separate cover 38 The signing and stripping has been added to the preliminary engineering plan. 39 Need clarification on comment in order to respond. 40 Dumpster location added to site plan. 41 Required curb details added to plan. Typical parking tract x-section is on the plan. 42. The abandonment has been applied for and new easements will be provided to the City for the relocated utilities. 43 The plat will be submitted with the final engineering drawings. 44. Bamboo Lane is outside the limits of this project. The internal parking tract has been reconfigured to better provide access to Virginia Garden Dr 45 Complete architectural plans are included in this re-submittal. 46 The FDOT Standard is the Jan. 2000 english version. 47 The internal parking tract has been reconfigured for better cross access. 48 Details for the water and sewer systems will be submitted with the final engineering drawings for pennit approval. 49 All floor plans have been revised. Buildinl! Division: 50 The units provide the required 2 parking spaces within the garage. The only parking provided is at the pool and there is a handicap space at this location. There is no other requirement for handicap parking. 51 Finished floor elevation have been established and depicted on the plans. The required note has been added to the plans and the flood zone information has also been added to the plans. 52. Property line identified as requested. 53 Note added to architectural plans as requested. 54 All easements of record were shown on the survey and site plan. 55 On the construction drawings the note will be added that all wall openings will comply with Table 600 56. All buildings are three story Note added to site plan. 57 Floor plans show the correct number of stories. 58. A unity oftitle will be provided to the City at time of pennit review 59 Signed and sealed drawings will be submitted at time of permit review 60. The abandoned resolution will be provided at the required time. 61 The only parking subject to the handicap code is at the pool area and one handicap space has been provided. 62. Travel route is shown on the site plan at the recreation area. 63 Area calculations for each unit shown on architectural plans. 64. The requested information is shown on the architectural plans. 65 Addresses will be requested at time ofpennit review 66. The limits of construction is the entire site. Parks and Recreation: 67 The elements for recreation credit are the pool and spa. 68. The developer would request a combination ofland dedication and fee payment. 69 The subject property will be platted and the appropriate fee will be paid when required. 70. As-builts of the irrigation system will be provided when construction of said system is completed. 71 Need to discuss this requirement. 72. Will meet with staff to resolve. F oresterfEnvironmentalist: 73 There are no desirable trees to be saved on this site. Planninl! and Zoninl!: 74. My understanding is that we are rezoning to a PUD which would allow for the set-backs as shown. 75 The required abandonment has been submitted to the City 76. The property will be re-platted. 77 The property is being rezoned to a PUD with the requested set-backs as shown on the site plan. 78. The zoning and land uses of the adjacent property has been added to the site plan. 79 The preliminary engr plan has all of the traffic control markings. The site plan will be too cluttered to show these on the site plan. 80 The fire hydrants are also shown on the pre\. engr plan. 81 The requested tabular data has been added to or revised on the site plan. 82. The entire area in front of the buildings is driveway and access area. 83 The HV AC units are behind the units and will be properly screened. 84. The lighting plan is being prepared and the light poles will be added to the site plan. 85 A typical parking stall detail has been added to the site plan. 86. A color rendering will be provided prior to Planning and Zoning Board meeting. 87 Color samples will be provided prior to P & Z Board meeting. 88. All four elevations are shown on the plans. 89 thru 93 The floor plans for this unit have been corrected. 94 Laurel oaks have been added as the signature tree at the entrance. 95 Need to discuss this requirement with staff. 96. There is no vegetation to be preserved. 97 Need to discuss this comment with staff. 98. Need to discuss this with staff. 99 The garages have been increased to 18' in width and vary in depth. 100 Landscaping will be revised upon discussion at meeting. 101 The continuous hedge will be installed at 24" and will be maintained at a min. of 4' and a max. of 6' 102. Live oaks have been revised to Laurel Oaks. I trust these responses and revised plans address the concerns of staff. If you have any questions or need any additional information, please contact me at 561-998-0955 Sincerely, <0, ~~ 7 H. P romp , Ir Principal-in-charge DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 02-004 TO' Chairman and Members Community Redevelopment Agency Board THROUGH: Michael Rumpf Planning and Zoning Director FROM: Lusia Galav, AICP )-J . Principal Planner '-fJ:5 DATE. January 2.2002 SUBJECT Dakota Lofts - NWSP 01-010 Addendum to Staff Report ADDENDUM This report is the addendum to the Department of Development Memorandum No. PZ 01-242 to the Community Redevelopment Agency dated October 31, 2001 Updated information is provided regarding the above referenced project. At the December 11, 2001 CRA meeting the Board tabled the Dakota Lofts site plan pending receipt of additional information from the applicant on a variety of issues. Subsequent to that meeting the applicant submitted additional information for review On December 21, 2001, Mike Rumpf, Planning and Zoning Director formally requested that the applicant respond to several remaining items. The foil owing is a list of items that were to be addressed by the applicant and the status of the response. All correspondence referenced are included with this addendum as " attachments. In addition, a revised site plan dated December 6, 2001 is included with this packet. 1 Agreements should be created I drafted, to the satisfaction of the developer, regarding the current and proposed water service for the residents now using the well(s) on the subject property (comment addressed, see Hofland & Knight letter item 2.A.). 2. Agreements should be created I drafted, to the satisfaction of the developer, for the continued use of the existing docks located on the finger canal of the subject property but used by the adjacent property owners (comment addressed, see Hofland & Knight letter item 1). 3. The building elevations fronting on U.S. 1 (west, north, and south) should be revised to incorporate more architectural detail and decorative elements (comment addressed, see revised elevations in site plan packet). 4 A vehicular back-out area 27-feet in width should be provided perpendicular to all garage door openings (comment addressed, Engineering Department approved- see Laurinda Logan Memorandum No. 02-001). 5. Garages should be 18 feet in width at the opening (comment addressed, Building Division approved- see Eric Johnson/Tim Large email dated December 26, 2001). 6. Identify the type of roadway and width of Bamboo Lane. The survey should identify this roadway as a public I private right-of-way, drive aisle, or easement. (See response in HPT letter). 7 Access for Virginia Gardens Drive should be indicated more clearly on the proposed site plan (which area of the Drive will be removed or proposed). 8. Provide a memorandum indicating Fire approval (with regard to emergency vehicle ingress I egress, including adequate turn-around area and fire truck maneuverability) (comment addressed, see Fire and Life Safety Division Memorandum No 2001- 65). 9. Indicate which homes are currently served by the existing water well (available for potable water) located on the. subject property (comment addressed, see Holland & Knight letter item 2.A & 2.B, and HPT letter). 10. Indicate the method or technique that the developer intends to provide potable water service to the adjacent homes. For example, where will the water lines run? Will they run in the middle of the roadway? Will the developer connect each house to the new water lines or will each homeowner bear the cost to connect (comment addressed, see Holland & Knight letter item 2.A & 2.B ). 11. Identify which off-site properties the developer intends to "hook-up" to City water service (comment addressed, see Holland & Knight letter item 2.A & 2.B). 12. Indicate the increase I decrease in traffic that the proposed residential use will have compared with the existing commercial use (comment addressed, Palm Beach County Traffic approved- see Masoud Atefi letter). 13. Indicate entry gates that the developer intends to use in order to minimize vehicular traffic from spilling into the adjacent neighborhoods. (No gates will be installed. See HPT letter). 14. Indicate the portion of Bamboo Lane that the developer intends to improve. (See HPT letter). 15. Illustrate the improvements made to the entryway of the development. 16. Indicate the use of decorative outdoor freestanding lighting fixtures. As of this date, staff has not received revised drawings or plans from the applicant for Items #7, 14, 15 and 16 or additional input from the adjacent property owners. " Attachments: 1 Holland & Knight letter dated December 5, 2001 2. Engineering Department Memorandum No. 02-001 dated January 2, 2002 3. Eric Johnsonrrim Large email dated December 26, 2001 4 Palm Beach County Traffic Division letter from Masoud Atefi dated August 15, 2001 5. HPT letter dated December 31,2001 6. Planning and Zoning Division letter from Michael Rumpf dated December 21. 2001 7 Fire and Life Safety Division Memorandum No. 2001-65 dated January 3, 2001 2 Df.C-0S-2001 17 46 , . Law Ol1ices H~ ~D AND KNIGHT LLP ( f P 02 M(U.~S Ne-wYoil; 1 AU,,,,, NllClh6nlJifQ1flia 8<liI<<d. Orl.1llda 90S/OIl Providenc4 6riilCJ1lon SI.Pelet!butV C/'lICJOO SJn.Atllcnio FOI1UUOerOalC S4nFranCirol J~ektGlll.vitk S,,"~ Laid"'" TaJl#lum lO$Moeles r."p' Melbourne Wuhl'VIMO.C. MiJml We.slP~lmeeach ~"""cnolOil\:z> CJ=' SJoP~o "'=C'r T."" R'(lccJ:rtita r.,. '~o,eQlla HOLLAND & KNIGHT LLP One E.~ 5row.,d Boulevard. Suil,'300 PO Box 14070 (ZIP 33302.4070) FOIl L,uderd.le. Florid' 33301 9SH2S.10olJ FAX 9SH63-21l3O www.hkl.w.com December 5,2001 MICHELLE M. DEROSA 95.1-46B.7934 Inte:rnet Addr~s8: mderolJ.a@hklaw,cQm VIA HAND DELIVERY December 5, 2001 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33436 Attention. Eric Johnson, Planner Re. Parcel ofland located on Federal Highway in Section 4, Township 46 South Range 43 East, Palm Beach County (the "Property") to be developed as a residential community known as Dakota Lofts (the "Project") Dear Mr Johnson. " This firm represents Dakota Lofts at Boynton Beach, LLC ("Dakota") with respect to the above Project. As you may be aware, Dakota, as owner of the above Property, is scheduled to appear before the C R. A. on December 11, 2001 for purposes of obtaining approval of its proposed site plan for the Project and moving forward to City commission meeting. We have been advised by our client that it has been working with the adjacent land owners to address the issues and concerns raised with respect to its proposed development of the Property and that it is prepared to provide various rights and services to each owner Further, we have been advised by Dakota that, pursuant to the City granting approval of the proposed site plan, Dakota is willing to provide the following: - 6 2001 DEC-0S-2001 18 10 DEe-IOS-21001 17 46 H~ ~D AND KNiGHT ~~p P 0:3 1 1. Canal Easement. Dakota will grant to those owners of the lots depicted as Lots 1, 2, 3, 4, 5 and 6 on the sketch attached hereto as Exhibit "A" and made a part hereof (the "Sketch") which cmrently have docks constructed within the canal propel!ty, easement rights (i) to maintain any existing docks within the canal property currently owned by Dakota, and (ii) for ingress, egress and access from the existing docks over and through the canal property to the Intracoastal waterway, which is located to the east of and adjacent to the canal property The easement rights granted by Dakota shall run with and benefIt each lot for which it is granted, and shall be transferred to any subsequent owner or owners of such lot as part of the conveyance of such lot. The final easement document shall provlde that (i) each dock shall be maintained by such Owner at its sole cost and expense, and (ii) the canal property shall he the maintenance obligation of Dakota. its successor or assigns, and/or any homeowners association created for purposes of administering the Project (hereinafter the "Association"), and that all costs and expenses incurred in connection therewith shall be divided in an equitable manner and on a prorata basis between all parties having dock rights to use the canal property 2. Water and Sewer Services. A. Installation of Water Lines. Provided that Dakota can obtain the necessary approvals and easement rights, Dakota will install water lines along Bamboo Lane as may be required in order for the City to provide potable water service to Lots 5. 6, 9, 10 and 11. In addition, Dakota will install th~ appropriate water main extensions and meters at the location ind~cated by the City for Lots 2, 5, 6,9, 10 and 11 and pay any meter hook up fees in connection therewith. Dakota agrees that prior to the time that the above lots have been provided with the alternative water service to be provided above. it will not take any action which would cause the lot owners to lose the ability to obtain water from the wells located on the Property, which wells are the lot owners current source of water .' B Sewer Service for Lot 4. Provided that Dakota can ob tam the necessary approvals, Dakota will grant to Lot 4 the right to tie into the sewer service facilities to be located upon the Property and will pay any costs related to same. 3. Access Easement. Dakota will grant to the owners of the lots depicted as Lots 1, 2, 3 on the Sketch, ingress, egress and access rights over certain roadways located within the Property from time to time for purposes of obtaining ingress, egress and access from and to Bamboo Lane and Virginia Gardens. In addition, Dakota will provide adequate access to the owners of Lots 1, 2, and 3 through any gates which it may install within the Property which lImit or restrict the above mentioned access rights. . 6 2001 DEc~eS-2e01 18 10 _ .= a: OEC-05-2001 17 45 HOL' qND AND KNLGHT LLP ( P 04 f 1 4. Decorative Lieht Fixtures. Dakota will install decorative hght fixtures within the Property in accordance w1th the final site plan approved by the City 5 Temporary Fencine. Dakota will install any temporary fences which may be required by the appropriate governmental codes to be installed during construction of the Project. Please feel free to contact me with any questions and/or comments you may have regarding this matter Very truly yours, HOLLAND & KNIGHT LLP '11uULUt. i'V~.f) By. Michelle M. DeRosa Enclosure cc: Mitchell Pasin FTL1 #SGB330 v3 " ~ 6 2001 , -- --..--- DEC-05-2001 18 10 P 04 DEC-05-2001 .. l' ~ , , - ~ ~ / -'- ..---.. : 17:46 Hq ,ND RND KNIGHT LLP /! / - P 05 . .....f I' -.._-:----J', I-~'\ '" , \- "- -/ <> j;../- S ;; '-:=/ ~ 8/ ~! ~ 8, @ ~ ~ 0 ::l", "Ii'. - 2 2 c i1 Ci:";" . !l 1 I I -" -- - '"" :~ 6 2001 u' .... ^ ,r- .i - 1 u_ . . !.. __~___.___.____.J --==-- =--.~ -- - .5l IX ~~- = = -10= :z:: - , Cl l- .:Z U U o W ...JJ c.n CD c..:J .., . , . I o 5i i; 1i " " I' I' " P ,I " " ;, - r I g h o o ..-.- - e; "-J C) C) (, L ~ 0 , -' $ I -- '.. '- o CO - N - GfJ-!--;171S:' V V"\n I, ",,--r 1.- i -- =:C,"I' ,..., t"'l!:'" D~C-05-2001 18:11