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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:""-"'- -,.-- :. ~~/~b/~~~~ 10:43 l::j~~-4l::jl::j-::l::l/'::J Vt:.t-'_~t-'LA t-'A\;;!t:. ~'::J/1J , " 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 ~~/~b/~~~~ 1~:43 ~~~-4~~-33/~ . , ~ ~ achment A 18 g of 10 Pages ~L No 500018816 I If ~ 'i1 1 . I l I , /, I~ _____ I - - -- --. -...- --J 12/.5 I Dc.t-'_Br'LA ~ ~ > ~. ~ 2 PAGE 10/E " '" 1 ,; I\J en l\,J Co n ; . .() :t: ~ G) ~ :t=- tl 8 Ii f'1 ~ .h. f" N'!' i :t: :( < :< ,. l~ (1 . i<JJ I~ tt1 Ie., 0 J~ "'< r < J~ 'f () < ttJ (. . Cl ;t l\J I """- )l \.D '"'1 I 1 t ~ ~- ....' ~ ,.' r- t.l " II ~ ".f:. 0 , ~ 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 t-'A~t:. 11/1J l-' 'Ii^MI,;(,l I'OnM NO. IJ UIJI/ lJLAIIHllol:lJ i 'J ~ 6 .r j ~ I, I .. s d .. ~ 11A~-2,-1q9~ J;:JOpm 95-087551. ORB ;, ~66a Ps 926 I 1.1.111 II. II "111 II '11 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. ," 1/1411io NII\I.... . , '. ~ "..... ,. 't. . ,,. rt: ~......, < " / W)lllrv,8i~p~J.w'(.sp CG,Clldlel, jr ".)1 ~ ' : ,I;' "J I~'; ~ '. f'l ;'1\" ..., . , -' '~' i 7'1.I~d.'~~l!l'" J .~. ~,"'!..' ". I . (..-, ': .~ :., .~ : .: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 ", ( ~ ~ 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 _ ------:::-:==:l ., ' , ~ . t...;....... IUi .... \ , , \ ,'"' t '.-) , \ 1 L- rL.:..~.~~,~I~,IG ~'10 :C~1\~G GE?1 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 ~~: ) i N.T S. 1 I I I Hypoluxo Rd. c- CI.l I "0 LO :> a:: (j) ~ <( I I en CI.l II en 01 CI.l "01 (ij C, ii:! .... CI.l c: .c:! "0 0 01 CI.l () I: u.' Miner Rd ! "0 ~ co - en CI.l ti 1tJ CI.l (J) Gateway Blvd . Boynton Beach Blvd. SITE YVONNE ZIEL TRAFFIC CONSULTANTS, INC. ffiAFFIC ENGINEERING & PLANNING FIGURE 1 THE HARBORS SITE LOCATION 1144086 Street North, West Palm Beach, Florida 33412 T"'phol'leS61-624_7262 F.x561..62.t.e78 (/) UJ f- <x: (/)0:: O::z ~OO UJlJ)- ...Jo::f- lJ)<X:<X: <X:Iffi f-UJZ IUJ f-c.') 0.. 0:: f- :2 No.. 9;1; Cl .. :::J1t) <x: 0 J,~ 00 f- f-X zUJ UJ <.)0:: O::UJ UJf- o..Z UJ 0.. oc f- :>::: <x:(/) UJUJ o..f- :2 <x: 0..0:: f- f-x zUJ UJ <.)0:: O::UJ UJf- o..Z UJ 0.. oc f- :>::: <x:(/) UJUJ o..f- :2 <x: <x: 0:: UJ f- <x: 0:: f-o.. 0- <x: 0:: f- UJ o UJO !=<.) '<t(")(") (")(")(") (Of'-f'- (0(0(0 '<tenN 1t)'<t(O ~t'-c::i ~ ...J <x: f- o f- <X:(O'<t Z co <X:'<t(O zen~ <x:~~ Zco~ 00 ...J <x: f- o f- '<tlt)f'- . en It) . ~ en ~ co (O~O (")(,,)N COCON UJ (/) ::J o Z ~ >- !=f- ...Jo.. <x: <x: UJ::Ju: <.)0:2 ~~:::J o..z<x: c.')~i= z::Jz -<x:UJ :>:::f-o ~(/)ii5 O::UJUJ 00::0:: Z (/)0 O::i= NO <x: UJlJ)O:: ...JO::UJ lJ)<X:Z <x:IUJ f-UJc.') 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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 '...J , ~J~ 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