CORRESPONDENCE
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 03-113
FROM:
Michael W. Rumpf, DIrector
Plannmg & Zoning DiVIsion
H. DaVId Kelley, Jr., PE/PS~'-
CIty Engmeer
TO:
DATE:
June 2, 2003
SUBJECT:
Centex Homes Abandonment Petition
IS-Foot Utility Easement
,1'!J:~JIARBORS, A PUD
Part of Lot S & all of Lot 6, Sam Brown Jr's. Subdivision _1st Review
ThIS memorandum IS m response to your mitIal memorandum dated May 16, 2003 on the above noted
subject. The legal descnptIOn withm the applIcatIOn IS recapped as follows:
"15 foot UtIlity Easement as shown in O.R.B. 2256, Page 1698, of the PublIc Records of
Palm Beach County, Florida."
ThIS easement crosses the proposed development south to north between the CIty'S Intracoastal Park site
(on the south) and Lots 12 & 14 of the Las Palmas Subdivision (on the north). The eXIsting sanitary
sewer located wIthm will be relocated m a new mgress, egress and utilIty easement tract m the new
proposed record plat to be known as THE HARBORS, A PUD. Therefore, this DIvIsion approves the
application to abandon this public utility easement with the proviso that this actIon follows the acceptance
of the proposed record plat by the CIty Commission. ThIS will msure that the sanitary sewer lme wIll
rem am active before and dunng the transition of its relocatIOn.
If you have any questions regardmg this matter, please advise me at x6488.
HDKlck
xc: Jeff LlVergood, PE, Dir. ofP.W.
Launnda Logan, PE, Sr. Engr.
Peter Mazzella, Deputy UtIlity DIrector
FIle
~'\Engineering\Kribs\The Harbors PUD, 15' Utility Easement Abandonment.doc
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-035
TO' Ken Hall
Engmeenng TechnIcIan
-,"'\ U e..-
THROUGH. MIchael W. Rumpf
Plannmg and Zomng DIrector
FROM. LusIa Galav, AICP_JJ ~
PrmcIpal Planner C7!:J
DATE: February 4,2003
SUBJECT. The Harbor - Plat Comments
I have reVIewed the above referenced plat and have the followmg comments.
1. The plat IS generally consIstent WIth the sIte plan (NWSP 02-012) approved by the CIty CommISSIon
on October 15,2002.
2. On November 19,2002 the CIty CommISSIOn adopted Ordmance No. 02-055 rezomng the property to
IPOO. The letters "POO" must appear m the plat title (Ch. 5, Art. V, Sec I.D.13.)
3 Palm Beach County approval IS not requIred. Remove sIgnature sectIOn and County Engmeer seal
box on Page 1
4 Correct TItle CertificatIOn language to mclude "on saId lands as reqUIred by F.S. 197 192 as
amended". Insert language after the word "paId" m the fourth lme.
5. Add the word "Beach" after Boynton m the CIty seal block on Page 1.
6. Show the "Pomt of Begmmng: (P.O.B ) m bold letters m the appropnate locatIOn on Page 2 of the
plat document (Ch. 5, Art. V, Sec. ID.7.a.).
7 The plat was not SIgned and sealed by the surveyor. ResubmIt WIth sIgnature and seal.
8 The pages are numbered mcorrectly. Please correct.
9 ReVIse the Plat Notes on Page 3, replacmg The CIty of "Boca Raton" WIth "Boynton Beach".
10 ReVIse the second Plat Note on Page 3 to mclude "or mterfere with easements" after the word
"lImIts" (Chapter 2, SectIOn 4, J.3.).
11. Correct the CIty Engmeer's name as shown m red on Page 1 of the Plat.
12. The plat document contams several typos that are mdIcated m red on each page.
S "\Plann ing\SHARED\ WP\PROJECTS\ The Harbors\Plat Comments. MEMO .doc
DEPARTMENT OF ENGINEERINl.
TO TRC MEMBERS:
Bob Borden, Deputy fire marshall
Lusia Galav, Planning Department / Kevin Hallahan, Forester/Environmentalist
John Huntington, Police Department*
H David Kelley Jr , City Engineer
Timothy K. Large, Building Division
John Wildner, Parks Director
Lourinda Logan, Senior Engineer (Also, please review the attached trench and drainage
calculations and subsurface study and return the
documents with your comments) Thanks
Date. January 28, 2003
FROM Ken Hall, Engineering Plans AnalysVlnspeclor (p
RE. Plat Review - The Harbors
Attached is the plat, construction plans, and survey of the subject development.
Please review them and provide engineering with a memo or E-mail as to your comments, or
the lack thereof, by February 14, 2003. Do not return the plans with your reply unless they are
marked up as part of your review. Please send your responses to my attention
Thank you for your cooperation
C' Jeffrey LIvergood. DIf. of Pub he Works. (memo only)
The City of Boynton Beach
PO Box 310
Boynton Beach. Florida 3342.5-0310
PUBLIC WORKS DEPARTMENT
FAX (.561) 742-628.5
www_boynton-beach_org
OFFICE OF THE CITY ENGINEER
April 15, 2003
Schnars Engineering Corporation
Attention: Mr James W Mahannah, P E
951 Broken Sound Parkway, Suite 108
Boca Raton, FL 33487
Re' The Harbors PUD.
Project #02112.
Dear Sir'
Here are the comments for the subject Development listed under Exhibit "An attached and made a part
of this letter. When the plat and plans have been satisfactorily revised, please submit three signed
and sealed sets of the construction plans, six copies of the plat and the signed and sealed mylar
The following items shall be included with your resubmittal prior to placing your project before the
commission:
1 An Administrative Fee of $11,777.00 (1 6% of the estimated cost of the required improvements
including PCP's) to Cover the cost of reviews, processing and inspections
2. Recording Fee of ~60.00 for the plat payable to the Clerk of the Circuit Court.
3 Payment of the required recreational impact fee of ~39.321.00 to the Parks Department.
Please coordinate this payment with Mr. John Wildner, Parks Director at 561-742-6226
4 Restoration Surety (either a Cash Bond or Letter of Credit) in the amount of $25,047.00 to
restore the site if not developed. Please note that any Letter of Credit submitted shall require
review and approval by the City Attorney and the Finance Department. The plat will not be
resented for Commission a roval until the Letter is deemed satisfacto ,
5. Approvals by PBC Engineering regarding signalization, FOOT for work in their RIW, PBC
Health Department approvals, FDEP permit modification, and any other required agency
permits
6 Provide verification that the improvements within the submerged land lease shall be
transferable to the new owner
7. Any other items as may be required by the City Engineer
Americas G'lteway to the Gulfstream
Schnars Engineering Corporation, Attention James W Mahannah, P E
The Harbors PUD, Project #02112
April 15, 2003
Page 2
No Certificates of Occupancy shall be issued until the Utility Department has approved and accepted
the water and wastewater systems
Upon receipt and satisfactory review and approval of all required documents, your project will be
placed on the next available Commission agenda Please note that all documents/fees must be
received three days in advance of the upcoming Commission Meeting to be eligible for the following
meeting The Commission meets on the first and third Tuesdays of each month
Should you have any questions, please call me at 561-742-6488 or Ken Hall, Plans Analyst at 561-
742-6283. We look forward to working with you on your new project.
Sincerely,
,
t; /( I ~/. -, ~
1'-'1 (,Ctt(/(,i" 0.~ t '"
" I ~
H David Kelley, Jr , P.E./~.S;~.''.
City Engineer / \. ~,
HDK.KRH/ck
Attachment: Exhibit "A"
Xc: Jeff Livergood, Public Works Director
Ken Hall, Engineering Plans Analyst
Laurinda Logan, Civil Engineer
John Wildner, Parks Director
Tim Large, Building Code Administrator
Michael Rumpf, P&Z Director
S:IEngineeringlKribslThe Harbors PUD, Ltr to James Mahannah, Schnars Eng. Corp .doc
EXHIBIT ,. A "
THE HARBORS P D.D
PLAT COMMENTS:
Sheet 1:
Clanfy whether the name of the project IS m the smgular or the plural. Add the words,
"A PUD" after the tItle at the same font on all sheets and m the begmmng of the
dedicatIOn. The name of the plat should be the same as the sales development name
Correctly IdentIfy the sheets of the plat (e g., sheet 2 of 3, etc ) and change "range 3" east
to range 43 east m the legal
Regardmg the dedIcatIOns
TIe the pomt ofbegmnmg to the nearest quarter sectIOn comer, sectIOn comer or
government comer The plat shall show a full and detmled boundary descnptIon of the
land embraced m the plat. The plat must be so complete that the startmg pomt can be
determmed and the boundanes run WIthout reference to the map.
IdentIfy the pomt ofbegmnmg m bold, and at a larger font than other words
In the thIrd paragraph, IS page 654 correct for both O.R.B callouts?
In the 4th paragraph of the dedIcatIOns, capItalIze all words IdentIfymg the CIty, county
and state. Also, add a penod to the last sentence m the last dedIcatIOn.
In the eIghth paragraph, delete the words, "lake mamtenance ...mamtenance access"
In the twelfth paragraph, add tract G after tracts A thru F and locate the comma m the
thIrd lme after the word "profit" Also, change "Tract H, J" to read Tracts Hand J
Delete the seal block for the "CIty Surveyor" and change the "County Engmeer block to
read, "CIty surveyor and mapper"
Both corporate acknowledgements reqUIre the SIgnatures of two corporate officers _ the
presIdent or vIce-president and the secretary or aSSIstant secretary ModIfy the
acknowledgements to mclude the addItIonal SIgnature blocks and officer IdentIficatIOns.
Under the H.O.A. acceptance, add the words, "a Flonda corporatIOn not for profit" after
the words, "Homeowners ASSOCIatIOn" Also, add the words, "by and WIth the authonty
of ItS board of dIrectors" to the H O,A. acceptance
Delete the Palm Beach County Approval block m ItS entIrety.
Page 2 of 4
Under the tItle certIficatIOn, delete the word "current" and after the word "paid," add the
words, "on saId lands as reqUIred by F S 197 192 as amended" Also, add a semIcolon
after the words, "heron descnbed property"
Under the CIty approvals, the CIty engmeer's name and tItle (m both places) wIll be
H. DavId Kelley, Jr , PE/PSM.
Correct the name of Janet "Prammto" to Pralmto.
Under the surveyors certIficatIOn between the words, "as amended," and "and", add the
followmg' and wIth the apphcable sectIons of 61 G 17-6 Flonda AdmlmstratIve Code,"
Also, correct the spellmg of the last name of the surveyor
Include the hcense number of the tItle company below the SIgnature lme.
Add the appropnate recordmg mformatIOn m all three recordmg blocks
Add the word "Beach" wlthm the CIty'S seal block.
Add a north arrow to the locatIOn sketch and mdIcate the wntten scale next to the graphIc
scale depIctIOns.
Sheet 2:
Add the name Gateway Boulevard and the letters alk/a above the words, N.E. 22nd Ave
Also, above the words VIsta Hermosa add the words Las Palmas Dnve, flk/a.
Change the legal from range 48 east to 43 east.
In a large font, IdentIfy the P.O.B
Show arrows on eIther sIde of the beanng and dIstance for the prolongatIon of the south
lme of sectIOn 15 (not sectIOn 16 as mdlcated).
Add the 5 foot dImensIOn WIth arrows to all hmlted access easement callouts Also,
extend the L.A.E. along the east sIde of the entrance
Correct the callout dIstance along U S. 1 (plat says 20972 - survey says 209.71)
It IS recommended that all the plat callouts be shown m a clockwIse dIrectIon (7 are
called out m a counter-clockwIse) begmnmg from the P O.B
Correct all callouts of 10 foot dramage easements on both sheets by changmg theIr
wIdths to 12 feet each.
Page 3 of 4
Correct the 10 foot sewer easement callout between lots 14 & 18 to read, 12 feet.
IdentIfy the 15 foot buffer easement along the U S.1 boundary lme
Add the word, easement after the word, "buffer" along the south boundary mcludmg
arrows on the callout on sheet 3
Delete the word "records" from the legend IdentIfymg "PBC"
In the legend, place a solId cIrcle m front of the "PRM". to IdentIfy them on the map
Also, Ifthere are PCP's to be placed, mark and IdentIfy them as well.
Locate the "bullseye" legend (brass cap) clearly on the map and mdlcate where m your
response.
Sheet 3:
Under the "Plat Notes".
In the 3 rd paragraph, add a space between the words, open and spaces. After the words,
"plat lImIts", add or over any easements
In the 4th paragraph, correct the name of the CIty to read Boynton Beach.
The callout runnmg south from the north boundary lme mdlcates 27" whIle the survey
shows 23". Please address
Miscellaneous boundary survey comments.
Correct the scale m the mformatIOn box to read one mch equals 50 feet.
In note 11, delete the word, "the" m front of Enc Johnson.
ShIft the first lme of note 3 to the left to separate It from note 11.
CONSTRUCTION PLANS:
Locate and onent the two, proposed dumpster structures on the CIVIl plans Note that the
truck reqUIres a 60 foot back-up dIstance and must access the dumpster m a straIght,
forward movement.
If the dumpster structures are to be bUIlt under the pavmg and dramage plans, provIde a
typIcal detaIl WIth the reqUIrements and specIficatIOns shown m the CIty standard.
Show two sets of"thru and nght turn only" arrows at the Gateway mtersectIOn 2nd lane
..
Page 4 of 4,
The first comment under the approved condItIons of approval reqUIres a 14 foot mgress
lane mto your development. The plans mdlcate an 11 foot wIdth. Please correct.
In sectIOn "c" on sheet 4, show the proposed fimsh grade ofthe CIty park to the south.
PrOVIde at least two addItIOnal cross-sectIOns wIth the same mformatIOn to determme
possible off-sIte stormwater run-off.
The proposed wall (noted to be done by "others") shall be constructed as part of the
reqUIred improvements. PrOVIde detaIls, speCIficatIOns and locatIOn of wall on your
plans
The followmg commISSIOn approved condItIOns of approval, dated 9/24/02 shall be met
before Issuance of the land development permIt (issued after plat recordatIOn)'
Items 1,2,3,4, 10, 11, 13 (if needed), 16, 18,20 (mcl53), 33, 39, and 52. Some of these
reqUIrements may be noted agam m the attached cover letter; however, please mdlcate
your acknowledgement of the abovementIOned items m your replay.
The CIty plans to mstall FP&L wood pole lIghting along Las Palm as down to your
entrance As an alternatIve, conSIder tymg m the same or sImIlar lIghts used m your
subdIvisIOn and acceptable to the CIty, along Las Palm as for esthetIc purposes, and to
accent the approach to your new development.
Unless there IS a dIrectIve to the contrary, delete the "no nght turn" at the egress lane.
PrOVIde a honzontal control plan showmg appropnately placed stop SIgnS and bars at the
egress ends of the roads perpendIcular to the mam drive aIsle.
ProvIde post sIgnage and perhaps pavement messages to dIrect traffic mto the appropnate
entrance aIsles.
Show that a servIce or delIvery type truck can U-turn from the VIsItors aIsle without any
backmg maneuvers
It IS recommended that the parkmg space ad] acent to the mall kIosk be marked and sIgned
exclusIvely for mall pick-up and that all others wIll be towed.
On sheet 4, show the eXlstmg wall m sectIOn A-A. IndIcate the proposed color
RevIse sectIOn C-C to mdlcate FDOT "D" curb m lIeu of"F" curb to comply wIth the
mmlmum, reqUIred wIdth (5 feet) of any proposed landscape areas
LAND.
DESIGN
SOUTH
Land Planning
Landscape Architecture
Environmental Consultation
561-478-8501 FAX 561-478-5012 Congress Business Center 1280 N. Congress Avenue Suite 215 West Palm Beach. Florida 33409
September 30, 2002
Enc Lee Johnson
CIty of Boynton Beach
100 E. Boynton Beach Blvd.
PO Box 310
Boynton Beach, FL 33425-0310
.., 1'"
I8IJ'" v .
RE: The Harbors Plan Changes
File Number NWSP 02-012
Dear Mr Johnson:
The purpose of thIS letter IS to IdentIfy how the plan submItted on September 24, 2002 has been revIsed m
response to comments receIved from the CRA Board and from the staff.
The revIsed sIte plan has a total number of 51 dwelhng umts. The revIsed plan has one less four (4) umt
buildmg, and the four (4) umt buildmg that was located on the water has been replaced wIth a five (5) umt
buildmg. The plan now has a total of five (5) umts wIth dIrect Intracoastal VIews.
The deletIOn of the one buildmg allows for the paseos to be a mmImum of 32 feet WIde. ThIS IS an
mcrease of eIght (8) feet from the prevIOUS plan. There IS also addItIonal space m the rear of the umts.
The preVIOUS plan had a mmImum of four (4) feet from the edge of the umt to the access dnve. The
revIsed plan has a mmImum of seven (7) feet. The mmImum dIstance between the rears of the umts IS 32
feet, It was prevIously 26 feet. ThIS IS an mcrease of over SIX (6) feet. ThIS will proVIde better CIrculatIOn
for vehIcles commg m and out of the garages.
The larger paseo areas will proVIde for more pnvate open space for each of the reSIdents. The open space
area near the recreatIOn center and the prosed park to the south will meet a maJonty of the larger open
space reqUlrements for the reSIdents. TypIcally m "urban" reSIdentIal commumty's, the open space
reqUIrements of reSIdents IS met through the use of pubhc parks. The subject property has the benefit of
bemg dIrectly adjacent to a proposed pubhc park. ThIS will ensure that the open space reqUlrements of
the proposed reSidents of the corr.ol11umt'j v/ill be met.
The deletIOn of the one four umt buildmg also made It possible for the apphcant to remove the buildmg
that was overlookmg Federal HIghway One of staff's prevIOUS concerns was the VIew of the umts that
faced Federal HIghway With the revIsed plan, there are no umts WIth frontage on Federal HIghway
The deletIon of the one four (4) umt buildmg also addressed staff concerns regardmg the VIew upon
entenng the commumty PreVIOusly staff had concern regardmg the reSIdents and guest lookmg at the
back of the umts when entermg the commumty. WIth the revIsed plan people entenng the commumty
will be lookmg at the SIde of bUlldmg 4, umt 15 In addItIon the SIde elevatIOns of the bUlldmgs have
been revIsed to show a "bump-out." ThIS feature will break up the SIde facades of the bUlldmgs. The
apphcant has also agreed to prOVIde bnck pavers for the entIre entry area. The hmIts of these pavers are
shown on the SIte plan. When combmed WIth the proposed landscapmg, the entry will proVIde for a
VIsually appealmg approach mto the commumty
The prevIOUS plan showed a total of ten (10) recreatIOn/vlSltor parkIng spaces. The revIsed plan has a
total of twelve (12) parkIng spaces. The apphcant IS lOSIng three (3) umts and pIckIng up two (2) parkIng
spaces.
We hope that these changes address all of your concerns regardIng The Harbors project. We look forward
to workIng wIth you on the remaInder of the approval process for thIS proJect. If you have any questIons
regardIng the responses, please contact our office
SIncerely,
LAND DESIGN SOUTH
l::!t /=
Project Manager
cc Bob Bentz
KevIn Borkenhagen
\\Cindy\cindy\Letters\Brad C\E Johnson The Harbors Plan Changes.doc
File #. 389.S3A
The Harbors SIte Plan Changes
Page 2 of2
September 30, 2002
E:ENTEX HDMES
Southeast Florida Division
8198 Jog Road, Suite 200
Boynton Beach, Florida 33437
September 26, 2002
Phone: (561) 536-1000
Fax: (561) 536-1060
www.CentexHomes-SEFlorida.com
Eric Johnson
CIty of Boynton Beach
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
Dear Mr. Johnson:
RE: City of Boynton Beach / The Harbors
Per staff's comments, please find enclosed a copy of the SovereIgnty Submerged Lands
Lease Renewal. ThIs was renewed on Apnl 30, 2002 and WIll need to be renewed by
Apnl 30, 2007
Please call me wIth any other mformatIOn that you may need. Thank you agam for your
assIstance.
Smcerely,
Centex Homes
SEP I) 2002
05/06/2002 10:43
850-488-337Q
DEP_BPLA
PAGE 02/1].
This Instrument Prepared By:
Frank V otra
Recwring Revenue Section
Bureau of Public Land Administration
3900 Connnonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT n.uST FUND
OF THE STATE' OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL
No. 500018816
l' A No.
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Food of the State of
Florida. hereinafter referred to as the Lessor.
WITNESSETH: 'That for and in consideration of payment of the annua11ease fees hereinafter provided and the
faithful and tImely perfoIIilance of and compliance with all tenns and conditions stated herein, the Lessor does hereby
lease to Sch2ai. me.. a Florida coroora!iQJ}. heremafter referred to as the Lessee, the sovereign lands described as follows:
A parcel of sovereign submerged land in Section li.
Township 45 South, Range 43 East, in Lake Wotlb,
Palm Beach County, containing 49.329 square feet, more
or less, as is more particularly described and shown
on Attachment A, dated Feb~~ 17. 1997.
TO HA VB TIm USE OF the hereinabove described premises from Apri130. 2002, the effective date of this lease
renewal, through Apri130. 2007. the expiration date of this lease renewal. The te1lI1S and conditions On and for which this l'
lease renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate an existing eif:ht (8) sUo docking facility with
margmal dock and jet ~kistal!:inJZ area alon2 With a non-water deoendent deck exclusively to be used for mooring for
noncommerci~ recreational vessels in conjunction with an upland restaurant and nightclub. without fueling facilities, with a
sewage pumpout facility if it meets the regulatoxy requirements of the Department of Environmental Protection or local
authority, whichever entity appbes the more stringent criteria, and ~thQut liveaboards as defined in paragrap1128, as shown
and conditioned in Attachment A. All of the foregoing subject to the remaming conditions of this Lease.
2. L&ASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of$6,146.39 plus sales tax
pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of the date of receipt of the invoice. The annual fee for
the remaming years of the lease shall be adjusted pursuant to provisions of Section 18-.21.011, Florida Administrative Code. The
Division of State Lands .will notify the Lessee in writing of the 80l0lUlt and the due date of the annual payment The lease fee shall
he remitted annually to the Division of State Lands as the agent for the Lessor, beginning with the effective and due date of this
lease renewal, and each year thereafter until the term of 1his lease renewal tenninates or expires.
[06]
B5/B5/2BB2 IB:43
85B-488-337r.l
DEP_BPLA
PAGE B3/1J
3. WET SLIP RENTAL CERTIFICA nON/SUPPLEMENTAL PAYMENT: The Lessee shall provide upon
request by the Lessor any and aU information in a certified fonn needed to calculate the lease fee specified in paragraph two (2)
above including the total amount of the gross receipts derived from the rental of wet slips, if applicable. When SIX percent
(6%) ~fthe gross receipts derived from the rental of wet slips exceeds the prorated.base fee or nri~um fee established
'.pW'Suant to section 18-21.011, Florida Administrative Code, for any lease year dunng the term of this lease, the Lessor shall
send tbe Lessee a supplemental invoice for the difference in the amounts for that lease year.
4. LATE FEE ASSESSMENTS: The Lessee shall pay a late charge equal to interest at the rate of twelve percent (12%)
per aDI11UI1 from the due date until paid on any lease fees due hereunder which are not paid within 30 days of their due dates.
5. }!XAMINATION Of LESSEE'S RECORDS: For puxposes of this lease renewa~ the Lessor is hereby specifically
authonzed and empowered to examiD.e, for the term oftbis lease renewal including any extensions thereto plus three (3) additional
years, at aU reasonable hollIS, the books, records, contracts, and other documents confirming and pertaining to the computation of
annual lease payments as specified in paragraph two (2) above.'
6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall secure, maintain, and keep all records for the entire
tenn of this lease renewal. plus three (3) additional years. This period shall be extended for an additional two (2) yeaxs upon
request for examination of all records and accounts for lease payment verification purposes by the Lessor.
7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein, The Lessee shall not cbange or add to the approved use of the leased premises as defined
herein (e.g., from commercial to multi-family residential, from temporary mooring to rental of wets lips, from rental of wets lips
to contractual agreement with third party for docking of CnllSC ships, from rental of recreational pleasure craft to rental or
temporary mooring of charter/tour boats, from loadingloffloading commercial to rental of \yetslips, etc.), shall not change
achYJ1lcs in any manner that may have an environmental impact that was not considered in I:he original authorization or
regulatory permit, or shall not change the type of use of the riparian uplands without first obtaining a regulatory
permit/modified permit, if applicable, and the Lessor's written authorization in the fonn of a modified lease, the payment of
additional fees, if applicable, and, if apphcable, the removal of any strUctures which may no longer qualify for authorization
under the modified lease.
8. r~OPERTY RIGHTS: The Lessee shaU make no claun of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The
Lessee is prohibited from including, or xna.kmg any claim that purports to include, said lands described or the Lessee's
leasehold interest in said 1anm: into any fOlll1 of private ownership, including but not limited to any fonn of condominium or
cooperative ownership. The Lessee is further prolubited from making any claim, including any advertisement, that said land, Or
the use thereof, mJiY be purchased., sold, or re-sold.
9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the tenn of this leue rcnewa~ the Lessee shall xhaintain
a leasehold or fee simple title int~ in the riparian upland property and if such interest is tenninated. the lease may be terminated
at the option ofthe Lessor. Prior to sale and/or tennination of the Lessee's leasehold Or fee simple title interest in the upland
pwperty, Lessee shall infonn any potenbal buyer or transferee of the Lessee's upland property interest of the existence of this lease
renewal and all its terms and conditions and shall complete and execute any documents requin:d by the Lessor to effect an
assignment of this lease renewal, if consented to by the Lessor. FailUl'e to do so will not rebeve the lessee from responsibility for
full compliance with the terms and conditions of this lease renewal which include, but are not limited to, payment of all fees and/or
penalty assessments incurred pnor to such act.
10. ASSIGNMENT OF LEASE RENEWAL. This lease renewal shall not be assigned or otherwise transferred without
prior.~tten consen~ ~fthe Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the teons,
co~ditions and prOV1SlOns of ~nagem:nt s~dards and applicable laws, rules and regulations in effect at that tIme. Any
assIgnment or other transfer Wlthout pnor wntten consent of the Lessor shall be null and void and without legal effect.
.1,1. INDB~CA TI~N/INVESTIGA nON OF ALL CLAIMS: The Lessee shall investigate all claims of evCJy
nature ansmg out oftbis lease at Its expense, and shall indemnify, defend and save and hold hatmless the Lessor and the State of
Florida from aU claims, actions, lawsuits and demands arising out of this lease renewal.
Page ~ of lQ Pages
Sovereignty Submerged Lands Leue No. 500018816
05/06/2002 10:43
850-488-3:?~"1
DEP_BPLA
PAGE 04/lJ.
12. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease renewal and any such
litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
13. NOTICES/COMPLIANCErrERMINATION: The Lessee binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth, and said provisions and conditio~ shall be d~:med~ covenan~ of the ~ssee, it .
successors and assigns. In the event the Lessee fails or refuses to comply With the prOV1S1ons and conditions herem set forth, or m
the event the Lessee violates any of the provisions and conditions herein, or fails or l'efuses to comply with the provisions and
conditions herein set forth within 20 days ofreceipt of the Lessor's notice to correct, this lease renewal may be terminated by the
Lessor upon thirty (30) days written notice to Lessee. If canceled, all of the above-described parcel ofland shall revert to the
Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the proVlSions of this lease shall be paid by the Lessee. All
notices required to be given to the Lessee by this lease renewal or applicable law or administrative rules shall be sufficient if sent
by U.S. Mail to the following address:
Sehgal, Inc.
P.O. Box 2673
Palm Beach, FL 33480
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective.
14. TAXES AND ASSpSSMENTS: The Lessee shall assume all responsibility for liabilities that aCCIUe to the subject
property or to the improvements thereon, including any and all drainage or special assessments or tues of every kind and
description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period
of this lease renewal.
15. ~ANCES OR ILLpGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to
be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented
to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal
operations of any kind on the leased premises.
~ 6. MAINTENANCE OF FACILITY /RIGHT TO INSPECf: The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and
welfare:. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable tmle.
17. NON-DISCRIMIN.e,. nON: The Lessee shall not discrimina.te against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital stams with respect to any activity occurring w,ithin the area
subject to this lease renewal or upon lands adjacent to and used as an adjunct of the leased atea. During the lease term, the Lessee
shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and Vlsible location on the leased Premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the tenn of this lease
renewal (including any extensions thereot), to notify the Lessor in writing, so that a replacement may be proVlded.
18. ENFORCEMENT Qf PROVISIONS: No failure, Or successive failures, On the part ofthe Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operllte as a discharge thereof or render
the sarpe inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent
breach or breaches. '
19. l'ERMISSION GRANTED: Upon expiration or cancellation of this lease renewal all permission granted hereunder
shall cease and terminate.
Page 1 of 10 Pages
Sovereignty Submerged Lands Lease No, 500018~16
B5/B6/2BB2 1B:43
1::15B-488-33~-'
DEP_BPLA
PAGE B5/1)
20. RENEWAL PROVISIONS: Renewal of this lease shall b~ at the sole option of the Lessor. Such renewal shaH be
subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that
time. In the event that Lessee is in full compliance 'With the tenns of this lease renewal, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the
expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last
day of the previous lease term. If the Lessee faiJg to timely apply for a renewal, or in the event the Lessor does not grant a renewal,
the Lessee slulll vacate the leased premises and remove all strUctures and equipment occupying and erected thereon at its expense.
The obligation to remove all structures authorized herein upon termination oftbis lease renewal shall constitute an affIrmative
covenant upon the nparian upland property more specifically descnbed in Attachment;a, which shall run with the title to said
riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in interest.
21. REMOVAL OF STRUCTIJRES/ADMINISTRATlVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease renewal, such structures
and equipment will be deemed forfeited to the Lessor, and the LessOJ' may authorite removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 13
or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures
and the right to impose administrative fl11es.
22. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in the
removal of any structures and equipment constructed or maintained on state lands shall be paid by the Lessee and'any unpaid costs
and expenses shall constimre a lien upon the interest of the Lessee in its riparian upland property enforceable in SUl11IIlllIY
proceedings as provided by Law.
23. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease renewal in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and shall
provide to the Lessor within ten (10) days following the recordation a copy of me recorded lease in its entirety which contains the
O.R. book and pages at which the lease is recorded.
24. !UP AR1AN RlGHTSIFINAL ADJUD~ nON: In the event that any part of any structure authorized hereunder is
detennined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian
rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the
interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shaU
constitute a material breach of this lea.se renewal agreement and shall be grounds for immediate termination of this lease renewal
agreement at the option of the Lessor.
.. 25 J\MENDMENTSIMODIFICA TIONS. This lease renewal is the entire and only agreement between the partips. Its
proVlSlOns art not severable. Any amendment or modification to this lease renewal must be in writing, must be accepted, .-
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the
execution of the modification or n:nendment. Notwithstanding the provisions ofthi~ paragraph, ifmooring is authorized by this
lease, the L:ssee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the
Lessee obtains any state or local regulatory pennit that may be required; and (b) the location or size of the lift does not increase
the mooring capacity of the facility.
Page 1 of 1Q Pages
Sovereignty Submerged Lands Lease No. 500018816
~~/~b/~~~~ 1~:4J
l::l~~-4l::ll::l-33 n....
Vc.t-'_J;t-'LA
t-'AC:ic. ~b/ll
26. ADVERTISEMENTlSlyNSINON-W ATER DEPENDENT ACI'MTIES/ADDmONAL AcnvrrlES/MINO~
STRUCIURAL REF AIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic
beverages shall be erected' or placed within the leased area. No restaurant or dining activities ate to occur within the leased area.
The Lessee shall ensure that no permanent, tempor8l}' or floating structw'es, fences, docks, pilings or any structures whose use is
not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor.
No additional stIUcturcs and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized
structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written coment from the Lessor.
Unless specifically authorized in writing by the Lessor, such activities o~ structurea shall be considered unauthorized and a violation
of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative froes under Chapter 18-14, Florida Adnunistrative
Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of
repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities
authorized by this agreement.
27. COMPLIANCE WITH FLORIDA LAWS: On or in COrYUDction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Stamtes and all administrative roles promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
28. LIVEABOARDS: The term "liveaboard" is defmed as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total often (10) days within a thirty (30) day period. Ifliveaboards are
authorized by paragraph one(l) of this lease, in no event shall such "1iveaboard" status exceed s~(6) months within any twelve
(12) month period, nor shall any such vessel constitute a legal or primary residence.
29. GAMB{..ING VESSELS: During the term of this lease and any renewals, extensions, modifications or assigmnents
thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are
used principally for the purpose of gamh1mg, when these vessels are engaged in "cruises to nowhere, .. where the ships leave
and return to the state of Florida without an intervening stop within another state or foreign,country or waters within the
jurisdiction of another state or foreign country, and any watercraft used to cany passen8ers to and from such gambling cruise
ships,
30. SPECIAL LEASE CONDmONS:
A. Should a field survey acceptable to Lessor be required or obtained after the effective date of this lease, the annual lease
fees due hereunder shall be adjusted to reflect the Increase or decrease in the total preempted area shown by the survey.
Any such adjustment shall be effective from the date of the acceptable survey and shall, be prospective only. No
reimbursement or credit shall be given to Lessee by Lessor for overa8es, and no charge shall be imposed by Lessor for
shortage~ unless the error resulted from Inaccurate infonnation supplied by the Lessee.
l'
B. The Lessee shall not rebuild or restore the non-water dependent structures included in this lease if SO percent or more of the
area encompassed by the struc~e is destroyed Dr if use ofthe sb:ucture has been discontinued and 50 perc~nt Of more of
!he s~:ture must be replaced 111 order to restore the stnJcmre to a safely useable condition unless authorized by the Lessor.
.1U addi~on, the use of the non-water dependent stn1Ctures included in this lease shall not be converted to a new use except
as authorized by the Lessor.
Page ~ of 10 Pages
Sovereignty Submerged Lands Lease No. .500018816
05/06/2002 10:43
850-488-337Q
DEP_BPLA
PAGE 07/11
dA BOARD OF TRUSTEES OF ",.d$1NTERNAL
I"'.. _ _ _ _ KJ, IMPROVEMENT TR FUND OF THE STATE
v ~~,..oF FLORIDA.
Idur.u'JA.vis . (SF..AL)
BY:
Acey L. S . and Management Consultant
Manager, Bure lie Land AdmiDistration,
~ Division ofSta ands, Depart:rnent ofBnvironmcntal
Protection, as agent for and on behalf of the Board of Trustees ot
DPbnrtA h ""it'r\ the Internal Improvement Tmst Fund of the State of Florida
~~i~ r}
~ ) { se :::/<e. t:;
PrintfType Name of Witness
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON ~ ifljff:),~. ~.
The foregoing instrument was aclmowledged before me this ()t day of :... ~ . 20a. ~ by
Acev L. Stinson. Operations and Mana2ement Consultant Manager. Bw-eau of Public Land Ad.ministr~tion. Division pf State
Lands. DCJ>artment of Environmental Protection. as agent for and on behalf 9f the Board of Trustees of !be Internal Imorovement
Irust Fund of the State of Florida. He is personally known to me.
~RO~j;;ji:IJ/:-~:
DEP Attorney
.~j('~ Lisa CoDomb
.. io\(mmn'~........,
= . - 1fIIphB.......
IaadIIltln
~ I AtImtk 1IaIIIIat~-
My Commission Expires:
~~lJr~~~
CommisslonlSerial No. (/ 7
WITNESSES.
~ft-aw
~f~
~~ SJeq
Typed/Printed Name of Witness
~chgai. me.. a Florida cor:poration (SEAL)
BY:~~-R~f<~
cit8~gnature of Executing Authority
Peter Gandolfo peJf M-tJ 1xJ( F9
TypedIPrinted Name ofExeeutmg Authority
~%.~~;J~jf
STATE OF .FlfJl!,('M-_
COUNTY OF fiAt f1! f>f.1Q (-J-
The foregoing instrument was acknowledged before me this :::< ~ day of 1h1tf2(!jf 20~
by Peter yandolfo as President of Sehgai. Inc.. a Florida cOIporation, for and on behalf of the corporation. He 1S personally mown
to me or who has produced ~q'.Jf)f4-r !~7J::1t::;! . as identification.
U- 5.A -
.\l"rt~ 7.i DS-.
.t'![G~'~Y Pl.'"" ""bl!l:). $iitolI1b
i~ ~Commr.taa#DIlO96147
\~ o:.1:-~S br>>iIs N1. 28, 2Q)&
~ DF ~u:.\...." lIOIIdI!d 11Ira
l'tO.ill,t ArJutfc ItmdJDa eo..!uc.
My Commission Expires:
w..h.lJDJ' t/J fr ? /)n{,
Commission/Serial No. lX[XJ9/c;,ft./7
N~~~M
. L/5It- (lD LUJIJ7 (j
Printed, Typed or Stamped Name
Page g of 10 Pages
Sovereignty Submerged Land Lease No. 500018816
05/06/2002 10:43
850-488-337q
DEP_BPLA
PAGE 08/1-1
.' o--T
2280 N Fede."al Hwy
Boynton Beach, F",
33435..2447, US
Attachment A
Page Z of 1 b Pages
SSll No. 500018816
'!="--_..JJ:Mf{I:""-"'-
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LEASE AREA'DESCRlPTION
A parcel of submerged land located in Section 15. Township 45 South.
Range 43 East. Palm Beach County, Lake Worth containing 49.329
square feet, as described on the attached sketch labeled as Exhibit"A and
dated February 17. 1997. located immediately waterward of ~t upland
property with the following legal description: t.
. ,
,... !...., , . .,}I,.r:
6, ,~nd the west 326.01 f~e~ of the south 67.29 feet of Lot 5 anci the south
5 ftil.l2lt of the North 70 feet. of the ~est 24S.39 teat of Lot 5, less t.he Wes'r.
fa~t. for right.-of-way of St.ate !toa.d No.:.5 of Sam Brown Jr. 's HYT',ol uxo
:ldlvision as recorded in plat. Book'l. at. Page '81, of the ~ublic Records .of
Lm Beach County, Plorida
...
'llo.
5JECT TO covenants, restrictions, e~sements of record and taxes for the
I:':cent, year.,
..
t
,
I
. .
. ' ..'. .. ~,...._..
",
Attachment A
Page ~ of 1Q Pages
SSLL No. 500018816
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achment A
18 g of 10 Pages
~L No 500018816
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05/06/2002 10:43 850-488-3379
TO/,/. (;i'" '96 12: S4Pr1 LAW OFF
HlJ",n tel! '.JII~"':'''. ...A'"'&............ "'.......,... "'10' ...,.,
HI/IlII Fred C, Coh an, Esq, ''',
Cohen, Cnernay, Norris, ~~ al.
~~ 712 u.s. Highway One, su1te 400
North P~lm Beach~ FL 3340e
T/l/.lftllrumlnl P.rJlIll1Id ~ h E
~re~ c. co en, sq,
,Add/...I Cohen, Charnay, Norris, et i\l.
712 U.S. Hiqhway One, Suite 400
North .Palm Beach, FL 33406
Plopony A1ipllli.1I ".rul hUnllllnlioll ,,...,1110 Nulllll""Il:
08434515030000060
P'.nlll(.lll.8. '111
DEP_BPLA
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Can iO.Oa Doc 010
DOROTHV HI WILKEN. CLERK PB COUNT,(~ FL
'-SPACE A/lO~E. THlI UHr l'Cl1l PIlOCEUINQ DATA
.
IMC!! AlOW TillS LINl! rOil f1~CO"D/NQ DAn
'li!1ris (0uU OIlaim ~.e.eb, EXlfCUll!d tile 20th day of
~ ~ & G ENTE~PRISES, INC" a Florida corporAtion
firsr parry, 10 SC:HGAI, INC., t1 Florida corporation
whosl:posrolficsaddres.rir 3310 N.E. 57th Oourt, Ft. Lauderdale,
l~arch
, 1995
, by
,
I
FL 3330B
second parry.
IWII.ref.r ~..d h.,..", l/lD IlIlme ',".1 party' .nd '....nd pany'lnc:lllde slllh. peril_. 10 1111. Inll/lll. ..,nland lilt II"'.. IIJ~I ,."re~'''lallV..,.
, Ind oulgna ollndlvlqlle~. and 1111 .lIceau". Ind IlIlpn. 01 co~orlllgn', "h,"ve, "I., canlu, '0 admlLA D, ,.qul,...)
~tbtdS't1r7 That the first party.jor and III consideration of Ih. sum 01 $ 10, 00 . In
hrmd paid by thf/ .ra/d ~dc(md parr)', Ilze Tlc,ipt wh'rf()fl$ hereby acknowledged, dOlls htJftby remise. "I,nss, and quit-
dalm unto thl sIcCJl1d parly Joreller, .all Ih, rlghr, 'litle, Interest, claim and d.mand which the saidfi ril party hDI in Dnd
to the followlttg describl1d /01, piece or parcel of/and, .r/Juate, lY;llg and b~in8 in the County 01 Pa'-m. Beach '
. Srats oj F1Qrida . 'O-Wil,'
Lot 6, and ~hB Wast 326.01 feet of the South 67.29 feet of Lot 5 and the South
1.5 faet of the North 70 feet of th$ West 245.39 feet of Lot 5, le9s ths WQS~
g4 fs.t fo~ ri9h~.of-way of Stats Road No, 5 of Sam Brown Jr.', hY~oluxo
Subdivision as recorded in Pla~ Book 1, at PaiG 'al, of the public Records of
Palm Beach County, Plorida
SUBJECT TO covenants, reetriotions, easements of record and taxes for the
cur:rent. year,
d..-
. ~\'~"~~'~'"j' (.. ,.. Ii
,... .t.:l "';7J ~ ].1.
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.~ : .:Wh4eU Si,nlIOll,VI "q. ~.'OY'Dlg,. I~ 'n~)
1'. I. _, ~. ~ ,\. ~;:..,:.It
J , I L) II "If,- I.!;.:-'.
'1l(1f!lld' ~I'nll ",\' ,,'
I..... II"'" ]..
STATEOF FLORIOA )
'1'" I hereby Certify ,h:!l on this dllY,' bcforc mc, 8/1 officer duly
COUNT\' OF PALM BEACH' ) , 1I111horilcd (0 adminblcr onlhc and'IAke ac:knDwledimenlS, per-
- . SClnQlly lIppeafad '
LUIGI GANDOLFO, pres.i.~t: of P L & G Enterprises, Inc., a Floridn' corporation
known ~o hl'nc 10 b& Ihl! pcuo,,-:--- llclicd&cil in Ilfld- 111110 l!JlDculed Ihe. Corl!(loini inslrumenl. who lIcJcnowlrd!ed bero Ih _
8rXleleu~ 1 C SlImc, adnd an. Da~h Wal nOI laken. (Check one:) ~d perron(s) islare penolllll'y klJo\Yn IlJ mI!. 0 Sold pcr,::(.~r:Prov~~cd ~
o OWing Iype of I enl/(lc:lllon:
1Jr.tr ~U.&. ~hh iu ;?iIalh, The lame 1088/h,1r with al! and si1l8u1ar tho appurtenances rhereunto belonging or
in anywise apperr,.illing, and all tlu1 IIsflJlc, right, til/c. iruerest, lien, <<quily o'ld claim whatsoever of Ille raid first
party, ,,.,hir in /11)1\1 ()r ~t111IrYI to the Oil!)' proper use, benefit and b,hoD! of the .rfJld .r,cond paN>' tortver, '
;I1n ~ihtUil!l ~1J1:f!U'f, tl aldfll'st party "as signed tlnd sealed Ihese presellU the day and tl~r /irst'abo}ltl
wrlmtn.
StIne '.. Ie a i"" in pr~sertce of.' P L s, ~ES' I
BY'l
C'UI/I r IIVlf .1. G fo, President
Prin:&d Nlm.
2280 N.--E..e.!1a.r:a.1-.Hi12hwav
POI' omu "~dr.,.
Boynton Beachf FL 33435
'o,O,onln, SllnDI"'" ilf IntI
r,jl\lP~ lilme
~e ^ddreu
Attachment B
Page 1Q of 10 PaQes
~
~~
OJ
DDED S. FORMAN. P.A.
W. COMMERCIAL BLVD.. 114100 .
HOTAl'\,( I\UBBER STAMP SiAL--
,~VW.~'L
1~1'''~~i UNO" M. 8~15SeRT
~~. ,J'i I,f( DDMMWION I CC'2792&5 EX/"IlE.~
,/,t ..li Apn/22. 1997
, I"'~' CONala' THRu ~ ...... '"__",-. .,_
Li
Design South
478 -012
p. 1
~
LAND.
DESIGN
SOUTH
1280 N Congress Avenue, Suite #215
West Palm Beach, Florida 33409
(561) 478-8501 - Fax (561) 478-5012
general@landdesignsouth com
FAX TRANSMITTAL
SFP,tm
Date: 09/19/02
Deliver To: Lucia Galva
Company: City of Boynton Beach
Fax No. Called: (561) 742-6259
Re: TRC Request Letter
Project Name & #: The Harbors "Old Shooters"
Total No. of: Pages Transmitted: 2
From: A. Jackson Hayes III
cc: Kevin Borkenhagen, Bob Bentz, Jennifer Morton, Brad Currie
If you did not receive this in its entirety or if you received this
in error, please call (561) 478-8501 immediately
Comments: Attached is our request letter to be placed on the Tuesday, September
24th, 2002 TRe meeting. If you have any questions or comments regarding the attached
conceptual site plans. Thank you.
L
i Design South
478 "012
p.2
..
LAN D. Land Planning
Landscape Architecture
DESIGN Environmental Consultation
SOUTH 561-478-8501 FAX561-478-5012 COI1l1essBusinessCenter 1280N.COI1l1essAvenue SU~e215 westPalmBeach.Rorlda334OQ
September 19,2002
LUCIa Galva
Principal Planner
100 E. Boynton Beach Blvd.
PO. Box 310
Boynton Beach, FL. 33425-0310
RE: The Harbors (File# NWSP 02-012)
Dear Ms. Galva:
The purpose of this letter is to respectively request that the above-mentioned petition be
placed on the Tuesday, September 24th, 2002 TechnIcal Review Committee agenda. We
have revised our site plan in an attempt to satisfy City of Boynton Beach Staff Review
Comments from June 28th, 2002. We believe that any additional comments that may
arise will be able to be resolved with staff. We will be submitting revised site plans at the
Tuesday, September 24th, 2002 Technical Review Committee Meeting
If you have any questions regarding thIS request please call out offices.
Sincerely,
cc: Kevin Borkenhagen
Bob Bentz
Jennifer Morton
Brad Currie
ProjectFiles\389 .53\Submittal Docs\ IbcHarborsTRCRequestLetter.doc
File # 389.53
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YVONNE ZIEL TRAFFIC CONSULTANTS, INC.
11440 86th 81. North, West Palm Beach, Florida 33412
Telephone (561) 624-7262. Facsimile (561) 624-9578
August 6. 2002
Mr MIchael W Rumpf
DIrector of Planmng and Zonn'ig
CIty of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
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RE The Harbors - City of Boyn:on Beach Comments
Dear Mr Rumpf.
Yvonne Ziel Traffic Consultants, Inc was retamed to provIde a response to comments from the CIty
of Boynton Beach for the above-referenced project. The proposed facility is located on the southeast
corner of Gateway Boulevard and US HIghway One/Federal Highway m the CIty of Boynton Beach,
as shown m Figure 1 The proposed project involves the constructIOn of 54 multI-fanuly umts The
vested used on the sIte consists of 11,400 square feet (SF) of qualIty restaurant and 11,400 SF of a
dnnkmg establishment (nightclub). formerly known as Shooters.
We understand that you are requestmg the developer to realign Las Palmas Drive to the south to
alIgn with Gateway Boulevard as part of this project. Based on the enclosed trip generatIOn, there
is a decrease of 1,437 average daily trips and a decrease in the overall traffic travelmg through the
mtersection as compared to the previous use There is a minor mcrease of 21 total AM peak hour
tnps and a decrease of 136 total PM peak hour tnps The prop9sed project turnmg movements are
very low, and therefore the Impact OfthIS project on the intersectIOn of Las Palmas Drive and Federal
HIghway IS very mimmal. We feel that the constructIOn of thIS project does not warrant the
reqUirement to realIgn the mtersection.
There may be a more eqUitable solutIOn to the "nonalIgnment" of the existing mtersectIOn of Las
Palmas Dnve and Federal Highway WhICh may improve the overall operatIOn of the intersection.
The ImplementatIOn of a split phase sIgnal will Improve the conflicts between the westbound and
the eastbound left turning movements
Smcerely,
pEL T~~~ COt;{~ANTS' INC
mda RIccardI, ~~..? n
Proj~ct Mat1&ger ra;(:1.~
ENCLOSURES
Traffic Engineering and Planning
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ffiAFFIC ENGINEERING & PLANNING
FIGURE 1
THE HARBORS
SITE LOCATION
1144086 Street North, West Palm Beach, Florida 33412
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!!iCHNdII!1
Jeffrey T Schnars, PE.
President
ENGINEERING CORPORATION
James W Mahannah, PE.
Vice President
PROJECT: The Harbors
OWNER: Centex Homes, Inc.
ENGINEER: Schnars Engineering Corp., Project No. 02112
DATE: August 5,2002
DRAINAGE STATEMENT
This project is comprised of 3.21 acres of land located on the SE corner of Vista Hermosa
Road and Federal Highway within the City of Boynton Beach, Florida. The surface water
management system will conform with all rules, regulations, codes, etc. including, but not
limited to, Chapter 6, Article IV, Section 5 of the City of Boynton Beach Land Development
Reg' ,lations.
The on-site drainage system will consists of a series of catch basins and exfiltration trench
which will direct runoff to the Intracoastal Waterway via an existing 24" reinforced concrete
pipe. The on-site drainage system will be designed for a 3 year storm event. The water
quality volume required for the project will be retained in a subsurface exfiltration trench
system prior to discharge into the Intracoastal Waterway. Discharge into the Intracoastal
Waterway will be limited to the pre-development rate.
The design water level is 2.00 feet NGVD.
Since the project is adjacent to the Intracoastal Waterway, discharge will be included in the
100 year - 3 day calculation used to determine the finished floor elevations. The finished
floors will be set at or above the calculated elevation or FEMA whichever is higher. Minimum
road crown will be set at or above the 5 year - 1 day storm event. Perimeter grading will be
at or above the 25 year - 3 day storm event.
SCHNARS ENGINEERING CORPORATION
(SEAL)
James W. Mahannah, P.E.
Florida Reg. No. 47066
(For the Firm)
951 Broken Sound Parkway, Suite 108 . Boca Raton, FL 33487 . Tel: (561) 241-6455 . Fax: (561) 241-5182
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LAND
DESIGN
SOUTH
. Land Planning
Landscape Architecture
Environmental Consultation
561-478-8501 FAX 561-478-5012 Congress Business Center 1280 N. Congress Avenue Suite 215 West Palm Beach, Florida 33409
July 23, 2002
LUCIa Galav
CIty of Boynton Beach
100 East Boynton Beach Boulevard
PO Box 310
Boynton Beach, FL 33425
RE: The Harbors
File Number: NWSP 02-012
Dear Ms. Galav:
The purpose of this letter is to formally request that the above referenced project be
postponed from the July 23, 2002 Technical Review CommIttee (TRC) Meetmg to the
August 6, 2002 TRC meetmg. The applicant understands that thIS wIll move this item
from the CRA Board Meetmg on August 13, 2002, to the September 10, 2002 meetmg.
The project will now go before the CIty CommissIOn on September 17,2002, October 1,
2002, & October 15, 2002.
The apphcant IS requestmg thIS postponement to address comments raised by the
Engmeering DivisIOn. If you have any questions regardmg thIS request, please contact
our office.
Smcerely,
LAND DESIGN SOUTH
B'::!t(~~
Project Manager
cc: J enmfer Morton
Bob Bentz
Kevin Borkenhagen
Jim Mahannah
\\Cindy\C\Cindy\Letters\Brad C\L Galav TRC Postpone. doc
File #. 389.53A
Department of Engineering
and Public works
PO. Box 21229
West Palm Beach. FL 334 i 6-1229
(561) 684-4000
www.pbcgovcom
.
Palm Beach County
Board of County
Commissioners
Warren H. Newell. Chairman
Carol A. Roberts, Vice Chair
Karen T. Marcus
Mary McCarty
Burt Aaronson
Tony Masilotti
Addie L. Greene
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
@ printed on recycled paper
r-
June 25, 2002
Mr. Michael W. Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 34425-0310
RE:
The Harbor's
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Michael:
The Palm Beach County Traffic Division has reviewed the traffic statement for the re-
development project entitled; The Harbor, pursuant to the Traffic Performance
Standards in Article 15 of the Palm Beach County Land Development Code. The
project is summarized as follows:
Location:
Municipality:
Existing Uses:
SE Quadrant of Gateway Boulevard/US-1 Intersection
Boynton Beach
'11,400 SF Quality Restaurant and 11,400 SF of Drinking
Establishment
54 Multi Family Residential Units
Trip Reduction
2003
Proposed Uses:
New Daily Trips:
Build-out:
Based on our review, the Traffic Division has determined that the project meets the
Traffic Performance Standards of Palm Beach County.
If you have any questions regarding this determination, please contact me at 684-
4030
S:ncerety t
OFFICE OF THE COUN~INEER
/Y). ,/)r/^
/
Masoud Atefi, M$CE /
Sr. Engineer - Tt~15ivision
cc: Yvonne Ziel Traffic Consultants Inc.
File: General - TPS - Mun - Traffic Study Review
02061 0 doc