APPLICATION
PROJECT NAME: South ,",,,ngress Residential .
LOCATION: East Side of South Congress Ave. @ south city limits
PCN: 08-43-46-05-00-000-7011
I FILE NO.: LUAR 02-002 I TYPE OF APPLlCATION:Land Use
AmendmentJRezoning
AGENT/CONTACT PERSON: OWNER: Congress Industrial Park, LLC
Kieran Kilday, Kilday & Associates, Inc. PHONE: N/A
PHONE: 561-689-5522 FAX: N/A
FAX: 561-689-2592 ADDRESS: 6530 W. Rogers Circle, Suite 31
ADDRESS: 1551 Forum Place Suite 100A Boca Raton, FL. 33487
West Palm Beach, FL. 33401
Date of submittallProiected meeting dates:
SUBMITTAL / RESUBMITTAL 4/2/2002
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 5/26/02, 6/15/02,6/25/02
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE: N/A
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 6/25/02
MEETING:
COMMUNITY REDEVELOPMENT N/A
AGENCY BOARD
CITY COMMISSION MEETING: 7/2/02
COMMENTS:
S :\Planning\SHARED\WP\PROJECTS\South Congress Residcntial\2002 PROJECT TRACKING INF02.doc
APPLICATION ACCETABLE [n-lTE: RECEIVED BY STAfF MEMBER:
FEE PAID: RECEIPT NUMBER:
HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? DATE:
CITY OF BOYNTON BEACH, FLORIDA Bii~ -~--_u--L,--~ '
PLANNING' DEVELOPMENT BOARD ,I ~ 'L'p< - 2 ," I ~ I
LAND USE AMENDMENT AND/OR REZONING APPLICATION i '"' d _, "~ , '. ' ---'
This application must be filled out completely and accurately and submitted, together with the
materials listed In Section II below, In two (2) copies to the Planning Division. Incomplete
applications will not be processed.
PLEASE PRINT LEGIBL V OR TYPE ALL INFORMATION.
I. GENERAL INFORMATION
1. Project Name: South Congress Residential
2. Type of Application (check one)
a. Land Use Amendment and Rezoning
XXX b. Land Use Amendment Only
c. Rezoning only
3. Date this application is accepted (to be filled out by Planning Division)
4. Applicants Name (person or Business entity in whose name this application is made)
JPI
Address: 925 South Federal Hwy. Suite 3501
Boca Raton, FL
Phone:
561-417-5532
33432
(Zip Code)
FAX: 561-417-8635
5. Agent's Name (person, if any, representing applicant
Kilday & Associates, Inc
Address: 1551 Forum Place, suite 100A
West Palm Beach, FL
Phone: 561-689-5522
33401
(Zip Code)
FAX: 561-689-2592
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 2
6. Property Owner's (or Trustee's) Name:
Congress Industrial Park, LLC
Address: 6530 W. Rogers Circle, suite 31
Boca Raton, FL
33487
(Zip Code)
Phone:
FAX:
7. Correspondence Address (if difterentthan applicant or agenW
Please send all correspondence to the agent of record.
"This is the only address to which all agendas, letters, and other materials will be
mailed
8. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder,
Developer, Contract Purchaser, etc.)
Contract Purchaser
9. Street Address or Location of Subject Parcel: East side of Congress Ave.,
adjacent to the city limits.
peN (s)
08-43-46-05-00-000-7011
10. Legal Description of Subject Parcel:
Please see attached survey with legal description.
11. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: 32.159 acres
12. Current Land Use Category: Industrial
13: Proposed Land Use Category: High Density Residential
14. Current Zoning District: M-1
15. Proposed Zoning District: No change at this time. Eventually PUD.
16 Intended use of subject parcel: Multi-family residential.
17. Developer or builder: JPI
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 3
18.
Architect:
Not yet known.
19. Landscape Architect: Kilday & Associates, Inc.
20. Site Planner: Kilday & Associates, Inc.
21. Civil Engineer: Simmons & White, Inc. .
22.
Traftic Engineer:
Simmons & White, Inc.
23. Surveyor: John A. Grant, Jr.
II. MATERIALS TO BE SUBMITTED WITH APPLICATION
The following materials shall be submitted in two (2) copies, unless otherwise indicated:
(please check)
-2QLa.
-2QLb.
-2QLc.
This application form.
A copy of the last recorded warranty deed.
The following documents and letters of consent:
~(1) If the property is under joint or several ownership: a written consent to the
application by all owners of record,
XX (2)1f the applicant is a contract purchaser: a copy of the purchase contract and written
consent 01 the owner and seller, and
_(3) II the applicant is represented by an authorized agent: a copy of the agency agreement,
or written consent of the applicant, and
_(4) If the applicant is a lessee: a copy 01 the lease agreement, and the written consent of
the owner, and
_5) If the applicant is a corporation or other business entity: the name of the ofticer or
person responsible for the application, and written proof that said person has the
delegated authority to represent the corporation or other business entity, or in lieu
thereof, written proof that he is in fact an ofticer of the corporation.
XX d. A sealed boundary survey of the subject parcel by a surveyor registered in the State of
Florida, dated not more than six (6) months prior to the date of submission of the application, at
a scale prescribed by the Planning Division, and containing the following information:
XX An accurate legal description of the subject parcel.
XX A computation of the total acreage of the subject parcel to the nearest hundredth (1/100)
of an acre.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 4
N/A A tree survey, which conforms to the requirements of the City of Boynton Beach Tree
preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if
property is occupied by native vegetation.) This requirement may be waived by the
Planning Director where found to be unrelated to the land use or zoning issues
involved with the application.
~e. A complete certified list of all property owners, mailing addresses, and legal descriptions
for all properties within at least four hundred (400) feet of the subject parcel as recorded in the
latest ofticialtax rolls in the county courthouse shall be furnished by the applicant, including a
tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed
envelopes must also be provided. Said list shall be accompanied by an aftidavit stating that to
the best of the applicant's knowledge said list is complete and accurate. Notification of
surrounding property owners will be done by the City of Boynton Beach.
XX f. A copy of the Palm Beach County Property Appraiser's maps showing all of the
properties referred to in paragraph e. above, and their relation to the subject parcel.
XX g. A statement by the applicant justifying the zoning requested, including reasons why the
property is unsuitable for development under the existing zoning and more suitable for
development under the proposed zoning. The statement should address the following criteria
which the Planning and Zoning Division utilizes in evaluating land use amendment and rezoning
applications:
1) Whether the proposed land use amendment/rezoning would be consistent with applicable
comprehensive plan policies. The division shall also recommend limitations or requirements
that would have to be imposed on subsequent development of the property in order to
comply with policies contained in the comprehensive plan.
2) Whether the proposed land use amendment/rezoning would be contrary to the established
land use pattern, or would create an isolated district unrelated to adjacent and nearby
districts or would constitute a grant of special privilege to an individual property owner as
contrasted with the protection of the public welfare.
3) Whether changed or changing conditions make the proposed land use
amendment/rezoning desirable.
4) Whether the proposed land use amendment/rezoning would be compatible with utility
systems, roadways and other public facilities.
5) Whether the proposed land use amendment/rezoning would be compatible with the current
and future use of adjacent and nearby properties or would aftect the property values of
adjacent and nearby properties.
6) Whether the property is physically and economically developable under the existing land
use designation/zoning.
7) Whether the proposed land use amendment/rezoning is of a scale that is reasonably related
to the needs of the neighborhood and the city as a whole.
8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 5
-2QL.h. A comparison of the impacts that would be created by development under the proposed
zoning, with the impacts that would be created by development under the proposed zoning, with
the impacts that would be created by development under the existing zoning, which will include:
-2QL.(1) A comparison of the potential square footage of number and type of dwelling
units under the existing zoning with that which would be allowed under the proposed
zoning or development.
-2QL.(2) A statement of the uses that would be allowed in the proposed zoning or
development, and any particular uses that would be excluded.
N/A (3) Proposed timing and phasing of the development.
N/A (4) For proposed zoning of property to commercial or industrial districts, where the
area of the subject parcel exceeds one (1) acre, projections for the number of
employees.
(5) A comparison of traftic which would be generated under the proposed zoning or
development, with the traftic that would be generated under the current zoning; also, an
analysis of traftic movements at the intersections of driveways that would serve the
property and surrounding roadways, and improvements that would be necessary to
accommodate such traftic movements. For projects that generate move than five
hundred (500) net trips per day, a traftic impact analysis must be submitted which
complies with the Municipal Implementation Ordinance of the Palm Beach County Traftic
Performance Standards Ordinance.
(a) For projects that generate two thousand (2,000) or more net trips per day, the
traftic impact analysis must be submitted to the City at least 30 days prior to the
deadline for land use amendment and/or rezoning, in order to allow for timely
processing of the application and review by the City's traffic consultant and Palm
Beach County. The applicant shall be billed for the cost of review by the City's
traftic consultant.
(b) For projects that generate between five hundred (500) and two thousand (2,000)
net trips per day. the traftic impact analysis must be submitted at the application
deadline for land use amendment and/or rezoning, in order to allow for timely
processing of the application and review by Palm Beach County. However, if it is
the desire of the applicant to utilize the City's traftic consultant for review of the
traffic impact analysis prior to review by Palm Beach County, then the procedure
and requirements outlined under item 'a' above shall be followed.
NOTE:
Failure to submit traffic Impact analysis in the manner prescribed above may
delay approval of the application.
-1QL.(6) For parcels larger than one (1) acre, a comparison of the water demand for
development under the proposed zoning or development with water demand under the
existing zoning. Water demand shall be estimated using the standards adopted by the
Palm Beach County Health Department for estimating such demand, unless a registered
engineer justifies different standards. Commitment to the provision of improvements to
the water system shall also be included, where existing facilities would be inadequate to
serve development under the proposed zoning.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 6
.J.QLJ7) For parcels larger than one (1) acre, a comparison of sewage flows that would
be generated under the proposed zoning or development with that which would be
generated under the existing zoning. Sewage flows shall be estimated using the
standards adopted by the Palm Beach County Health Department for estimating such
flows, unless a registered engineer justifies difterent standards. Commitment to the
provision of improvements to the sewage collection system shall also be included,
where the existing facilities would be inadequate to serve development under the
proposed zoning.
xx
(8) For proposed residential developments larger than one (1) acre, a comparison of
the projected population under the proposed zoning or development with the projected
population under the existing zoning. Population projections according to age groups
for the proposed development shall be required where more than fifty (50) dwellings, or
50 sleeping rooms in the case of group housing, would be allowed under the proposed
zoning.
At the request of the Planning Division, Planning and Development Board, or City
Commission, the applicant shall also submit proposals for minimizing land use conflicts
with surrounding properties. The applicant shall provide a summary of the nuisances
and hazards associated with development under the proposed zoning, as well as
proposals for mitigation of such nuisances and hazards. Such summary shall also
include, where applicable, exclusion of particular uses, limitations on hours of operation,
proposed location of loading areas, dumpsters, and mechanical equipment, location of
driveways and service entrance, and specifications for site lighting. Nuisances and
hazards shall be abated or mitigated so as to conform to the performance standards
contained in the City's zoning regulations and the standards contained in the City's noise
control ordinance. Also, statements concerning the height, orientation, and bulk of
structures, setbacks from property lines, and measures for screening and buftering the
proposed development shall be provided. At the request of the Planning and
Development Board or City Commission, the applicant shall also state the type of
construction and architectural styles that will be employed in the proposed development.
_(10)At the request of the Planning Division, Planning and Development Board, or City
Commission, the applicant shall also submit the following information:
~_(9)
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_(a) Ofticial soil conservation service classification by soil associations and all areas
subject to inundation and high ground water levels.
_(b)
Existing and proposed grade elevations.
_(c) Existing or proposed water bodies.
_(d) Form of ownership and form of organization to maintain common spaces and
recreation facilities.
_(e) A written commitment to the provision of all necessary facilities for storm
drainage, water supply, sewage collection and treatment, solid waste disposal,
hazardous waste disposal, fire protection, easements or rights-of-way, roadways.
recreation and park areas, school sites, and other public improvements or
dedications as may be required.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 7
_(11) For rezonings to planned zoning districts, the specific requirements for submission of
applications for rezoning to such districts shall also be satisfied. Furthermore, all
materials required for a subdivision master plan shall also be submitted.
(12) Where conformance with the county's Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of Environmentally Sensitive Lands (Environmental
Impact Study) must be submitted to the Palm Beach County Department of Environmental
Resources Management (copy to City) prior to or concurrent with the submittal of the Land
Use Amendment and/or Rezoning Application to the City.
III. APPLICATION FEES
Fees shall be paid at the time that the application is submitted, according to the fees which
have been adopted by ordinance or resolution. The Planning Division will inform the applicant
as to the fees which are required. All fees shall be paid by check, payable to the City of
Boynton Beach.
IV. Representative of the project must be present at all Technical Review Committee,
Planning and Development and City Commission meetings held to review this project.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 9
SPACE BELOW THIS LINE FOR OFFICE USE ONL V
Review and Processing Schedule:
Date Accepted by Planning Division
Date Transmitted to City Clerk
Date Notifications Mailed to Surrounding Property Owners
Dates of Advertisement in Newspaper (rezoning and/or land use amendment)
Dates of Advertisement in Newspaper (annexation)
Date of Transmission of Departmental Review Forms to Department Heads
Date of Review by Technical Review Committee
Date of Pre-Hearing Conference
Date of Public Hearing Before Planning & Development Board
Date of Public Hearing Before City Commission
Date of Transmission of Proposed Comprehensive Plan Amendment to Florida Department of
Community Aftairs, pursuant to Florida Statutes, F.S. 163.3184 (1) (a)
Dale of Transmission of Proposed Comprehensive Plan Amendment to Other Governmental
Agencies Requesting Notification, Pursuant to Florida Statutes, F.S. 163.3184 (1) (b)
Date of Receipt of Notice from Florida Department of Community Aftairs Regarding
Comprehensive Plan Amendment, pursuant to Florida Statutes, F.S. 163.3184 (4)
Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (5) (b)
Date of Hearing Before City Commission on Revised Comprehensive Plan Amendment,
Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
Date of Transmission of Revised Comprehensive Plan Element to Florida Department of
Community Aftairs, Pursuant to Rorida Statutes, F.S. 163.3184 (6) (a)
Date of Receipt of Notice from Florida Department of Community Aftairs Regarding Revised
Comprehensive Plan Amendment
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 10
Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (7)
Date of First Reading of Ordinance to Annex
Date of First Reading of Ordinance to Rezone and Amend Future Land Use Map
Date of Second Reading of Ordinance to Annex
Date of Second Reading of Ordinance to Rezone and Amend Future Land Use Map
Date of Expiration of Zoning
Date of Expiration of Time Extension for Zoning
III. CERTIFICATION
(I) (We) understand that this application and all papers and plans
submitted herewith become a part of the permanent records of the
Planning and Zoning Division (I) (We) hereby certify that the above
statements and any statements or showings in any papers or plans
submitted herewith are true to the best of (my) (our) knowledge and
belief. This application will not be accepted unless signed according to
the instructi9Ps belo",!. n I ' 0 /- I. I. I I
(:0"51'11.><; lNt,->tr'~ vaU<., l-.(. . '" FI"'r,;y, ,:--;,kJ! ('~Y/,r! .w?,
(51' L~}-"V<O:'~~"~-\- 0vp II.--L ,t: (1<>--,"'--. I.~:k'" 1,,~,/rI1l ~(I ,f,fk"M~e/
/C~ 'ill 1<>2-
se,'^' ^ I L-eJ.CIr
Signature of Owner(s) or Trustee, of Iu."""-J"'-'" Date
Authorized Principal if property is owned by
a corporation or other business entity.
IV.
AUTHORI~FAGENT
CJ
<:'1-1-" (~,. \(.\i~ ~ tt.v~c.~>
Signature of Authorized Agent
~./-Dd-
Date
(I) (We) hereby designate the above signed person as (my) (our)
authorized agent in regard to this application.
Signature of Owner(s) or Trustee,
or Authorized Principal if property is owned
by a corporation or other business entity.
Date
:~I-' Y"
2
III. CERTIFICATION
(I) 0Ne) understand that this application and all papers and plans
submitted herewith become a part of the permanent records of the
Planning and Zoning Division (I) 0Ne) hereby certify that the above
statements and any statements or showings in any papers or plans
submitted herewith rue to the best of (my) (our) knowledge and
belief. This app" on will not be accepted unless signed according to
the instructio 10w.::rPl Mf;(!::t7tI9Jr t,el/€Lol''''~ LJ
'I. I ()Z-
Si ature of Applicant L Date
Authorized Principal if a corporation or other business entity.
IV.
Signature of Authorized
c{- F~
v::.,-~ (I+'co:.~:> Date
(I) 0Ne) hereby designate the above signed person as (my) (our)
authorized agent in regard to this application.
Signature of Applicant Date
or Authorized Principal if a corporation or other business entity.
Ir
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'.
2
C. APPLICANT'S NOTICE AFFIDAVIT
STATe OF FLORIDA
COUNTY OF PALM BEACH
----------------------1
BEFORE ME THIS DAY PERSONALLY APPEARED ck(: ~ WHO BEING DULY
SWORN, DEPOSES AND SAYS THAT:
.,
1.
,
He/she is the owner, or the wner's authorized agent, f the real property legally
described in Attachment A;
The accompanying Property Owners IS, 0 the best of his/her knowledge, a
complete and accurate list of all property owners, mC'i1ing addresses and propern- I
control numbers as recorded in the latest official tax rolls for all property within "I DO
hundred (1I00) feet of the real property described in Attachment A , or all property
within ~OO feet of all contiguous property owned whole or in part by the owner of the
real j:lroperty described in Attachment!:'-, if applicable; .
FURTHER AFFIANT SAYETH NOT. 0'1-'/), __ " . .2
f th' dayof /?-Jr?/'U) ,20~,
The foregoing ~nstru~ent"'Y.as a;knowledged be ore m(Na~e of Person Acknowledging) who is
by ,-; 1/,(' ',J /. -c,L:'^C .. __ (-type of
ersonally known to me OFWRO has produced ---rJ;;x
id':;~fi~~ati~n~~s. id;,n~j(:t~~L~~~t~~did not) take an oath. (V dJL-
v!.<.J5-.v-y L! v . t) Applicant's signaturr / _
(Signature.of Person ,Taking ACknOWledgme~ Ch ~ raJ{
/ j., A~;ij/~,~ LC/'i/.~/~ RJ5
, -<- /,?-..P';' t y' '. A licant's Name (Print)
(Name of Acknowledger Typed, Printed or Stamped) PP I!y S ~
c ;;:>( tJur"- ---'i\<t:.-e t<l:)~
Street Address
JU'<< PtR~ ~. \1 >>L{J(
City, State, Zip Code
2,
(Title or Rank)
(Serial Number. if any)
(Notary' Se 1f\,1/ii;!i:;:... UNOSEY ARTHUR WAlTER
I~f'.ll.~;, MYCOMMISSIONICC906616
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LEGAL DESCRlPnON
A parcel of land in " portion of the Southwest one-'i.Jarter (SW1/4) of Section
5, Township 46 South, Range 43 East, Polm Beoch County, Florida, being more
particularly described as follows : commencing at the Southwest corner of said
Section 5; thence run North (the West line of Section 5 is assumed to bear
North-South and 011 other bearings are relative thereof) along the West line of
said Section 5, 0 distonce of 110.00 feet to 0 point; thence run South 89
degrees 48 minutes 45 seconds Eost,;tJ distance of 53.00 feet to a point in
the Eost right-of-way line of CongreSs Avenue and the Point af Beginning of
the herein described parcel; thence, continue on the preceding described course,
a distance of 1460.21 feet to a point in the Westerly right-af-way line at.1ne
Seaboard Coast Une Railroad; thence run North 18 degrees 21 minutes 59' .
seconds East, along sold Westerly right-of-way line. a distance of 607.01 feet;
thence North 89 degrees 58 minutes 02 seconds West, a distonce of 891.35
feet; thence, North 0 degrees 01 minutes 58 seconds East, 0 distance of
390.75 feet; thence North 48 degrees 35 minutes 55 seconds West. a distance
~of 407.05 feet; ,thence North, a distance of 232.00 feet; thence West" a
distance of 455.00 feet, more or less, to the" said Eosterly rfghf"::of:::::way line of
Congress Avenue; thence South olong said right-of-way line, 0 distance of
1463.76 feet to the Point of Beginning. ,Said parcel subject to the following :
lESS ANO EXCEPT :
A right-of-way over the Westerly 80 feet of the Easterly 190 feet (as measured
ot right angles to) thereof for the Lake Worth Orainoge District Canal No. E-3
1/2, as recorded in Officio I Records Book 1803, Poge 254, of the Public
Records of Palm Beoch County, Florida.
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Location Map
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NW 18TH ST
LONE PINE RD
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900 1800
2700 3600 Feet
APPLICATION ACCETABLE Lor\TE: RECEIVED BY STArF MEMBER:
FEE PAID: RECEIPT NUMBER:
HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? DATE:
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LAND USE AMENDMENT AND/OR REZONING APPLICATION ' L__.
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & DEVELOPMENT BOARD
2
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This application must be filled out completely and accurately and submitted, together with the
materials listed In Section II below, in two (2) copies to the Planning Division. Incomplete
applications will not be processed.
PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION.
I. GENERAL INFORMATION
1. Project Name: South Congress Residential
2. Type of Application (check one)
a. Land Use Amendment and Rezoning
XXX b. Land Use Amendment Only
c. Rezoning only
3. Date this application is accepted (to be filled out by Planning Division)
4. Applicants Name (person or Business entity in whose name this application is made)
JPI
Address: 925 South Federal Hwy. Suite 3501
Boca Raton, FL
Phone:
561-417-5532
33432
(Zip Code)
FAX: 561-417-8635
5. Agent's Name (person, if any, representing applicant
Kilday & Associates, Inc
Address: 1551 Forum Place, suite 100A
West Palm Beach, FL
Phone: 561-689-5522
33401
(Zip Code)
FAX: 561-689-2592
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 2
6. Property Owner's (or Trustee's) Name:
Congress Industrial Park, LLC
Address: 6530 W. Rogers Circle, suite 31
Boca Raton, FL
33487
(Zip Code)
Phone:
FAX:
7. Correspondence Address (if difterent than applicant or agent)*
Please send all correspondence to the agent of record.
"This is the only address to which all agendas, letters, and other materials will be
mailed
8. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder,
Developer, Contract Purchaser, etc.)
Contract Purchaser
9. Street Address or Location of Subject Parcel: East side of Congress Ave.,
adjacent to the city limits.
PCN(s)
08-43-46-05-00-000-7011
10. Legal Description of Subject Parcel:
Please see attached survey with legal description.
11. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: 32.159 acres
12. Current Land Use Category: Industrial
13: Proposed Land Use Category: High Density Residential
14. Current Zoning District: M-1
15. Proposed Zoning District: No change at this time. Eventually PUD.
16 Intended use of subject parcel: Multi-family residential.
17. Developer or builder: JPI
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 3
18.
Not yet known.
19. Landscape Architect: Kilday & Associates, Inc.
Architect:
20. Site Planner: Kilday & Associates, Inc.
21. Civil Engineer: Simmons & White, Inc. .
22.
Traftic Engineer:
Simmons & White, Inc.
23. Surveyor: John A. Grant, Jr.
II. MATERIALS TO BE SUBMITTED WITH APPLICATION
The following materials shall be submitted in two (2) copies, unless otherwise indicated:
(please check)
.JQLa.
This application form.
A copy of the last recorded warranty deed.
The following documents and letters of consent:
.JQLb.
.JQLc.
xx ( 1) If the property is under joint or several ownership: a written consent to the
application by all owners of record,
XX (2)1f the applicant is a contract purchaser: a copy of the purchase contract and written
consent of the owner and seller, and
_(3) If the applicant is represented by an authorized agent: a copy of the agency agreement,
or written consent of the applicant, and
_(4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of
the owner, and
_5) If the applicant is a corporation or other business entity: the name of the ofticer or
person responsible for the application, and written proof that said person has the
delegated authority to represent the corporation or other business entity, or in lieu
thereof, written proof that he is in fact an ofticer of the corporation.
XX d. A sealed boundary survey of the subject parcel by a surveyor registered in the State of
Florida, dated not more than six (6) months prior to the date of submission of the application, at
a scale prescribed by the Planning Division, and containing the following information:
XX An accurate legal description of the subject parcel.
XX A computation of the total acreage of the subject parcel to the nearest hundredth (1/100)
of an acre.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 4
N/A A tree survey, which conforms to the requirements of the City of Boynton Beach Tree
preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if
property is occupied by native vegetation.) This requirement may be waived by the
Planning Director where found to be unrelated to the land use or zoning issues
involved with the application.
.lili-e. A complete certified list of all property owners, mailing addresses, and legal descriptions
for all properties within at least four hundred (400) feet of the subject parcel as recorded in the
latest ofticialtax rolls in the county courthouse shall be furnished by the applicant, including a
tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed
envelopes must also be provided. Said list shall be accompanied by an aftidavit stating that to
the best of the applicant's knowledge said list is complete and accurate. Notification of
surrounding property owners will be done by the City of Boynton Beach.
.lili-f. A copy of the Palm Beach County Property Appraiser's maps showing all of the
properties referred to in paragraph e. above, and their relation to the subject parcel.
~. A statement by the applicant justifying the zoning requested, including reasons why the
property is unsuitable for development under the existing zoning and more suitable for
development under the proposed zoning. The statement should address the following criteria
which the Planning and Zoning Division utilizes in evaluating land use amendment and rezoning
applications:
1) Whether the proposed land use amendment/rezoning would be consistent with applicable
comprehensive plan policies. The division shall also recommend limitations or requirements
that would have to be imposed on subsequent development of the property in order to
comply with policies contained in the comprehensive plan.
2) Whether the proposed land use amendment/rezoning would be contrary to the established
land use pattern, or would create an isolated district unrelated to adjacent and nearby
districts or would constitute a grant of special privilege to an individual property owner as
contrasted with the protection of the public welfare.
3) Whether changed or changing conditions make the proposed land use
amendment/rezoning desirable.
4) Whether the proposed land use amendment/rezoning would be compatible with utility
systems, roadways and other public facilities.
5) Whether the proposed land use amendment/rezoning would be compatible with the current
and future use of adjacent and nearby properties or would aftect the property values of
adjacent and nearby properties.
6) Whether the property is physically and economically developable under the existing land
use designation/zoning.
7) Whether the proposed land use amendment/rezoning is of a scale that is reasonably related
to the needs of the neighborhood and the city as a whole.
8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 5
~h. A comparison of the impacts that would be created by development under the proposed
zoning, with the Impacts that would be created by development under the proposed zoning, with
the impacts that would be created by development under the existing zoning, which will include:
~(1) A comparison of the potential square footage of number and type of dwelling
units under the existing zoning with that which would be allowed under the proposed
zoning or development.
~(2) A statement of the uses that would be allowed in the proposed zoning or
development, and any particular uses that would be excluded.
N/A (3) Proposed timing and phasing of the development.
N/A (4) For proposed zoning of property to commercial or industrial districts, where the
area of the subject parcel exceeds one (1) acre, projections for the number of
employees.
(5) A comparison of traftic which would be generated under the proposed zoning or
development, with the traftic that would be generated under the current zoning; also, an
analysis of traftic movements at the intersections of driveways that would serve the
property and surrounding roadways, and improvements that would be necessary to
accommodate such traffic movements. For projects that generate move than five
hundred (500) net trips per day, a traftic impact analysis must be submitted which
complies with the Municipal Implementation Ordinance of the Palm Beach County Traftic
Performance Standards Ordinance.
(a) For projects that generate two thousand (2,000) or more net trips per day, the
traftic impact analysis must be submitted to the City at least 30 days prior to the
deadline for land use amendment and/or rezoning, in order to allow for timely
processing of the application and review by the City's traftic consultant and Palm
Beach County. The applicant shall be billed for the cost of review by the City's
traffic consultant.
(b) For projects that generate between five hundred (500) and two thousand (2,000)
net trips per day, the traftic impact analysis must be submitted at the application
deadline for land use amendment and/or rezoning, in order to allow for timely
processing of the application and review by Palm Beach County. However, if it is
the desire of the applicant to utilize the City's traftic consultant for review of the
traffic impact analysis prior to review by Palm Beach County, then the procedure
and requirements outlined under item "a" above shall be followed.
NOTE:
Failure to submit traffic Impact analysis in the manner prescribed above may
delay approval of the application.
-1QL(6) For parcels larger than one (1) acre, a comparison of the water demand for
development under the proposed zoning or development with water demand under the
existing zoning. Water demand shall be estimated using the standards adopted by the
Palm Beach County Health Department for estimating such demand, unless a registered
engineer justifies difterent standards. Commitment to the provision of improvements to
the water system shall also be included, where existing facilities would be inadequate to
serve development under the proposed zoning.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 6
.1QL.(7) For parcels larger than one (1) acre, a comparison of sewage flows that would
be generated under the proposed zoning or development with that which would be
generated under the existing zoning. Sewage flows shall be estimated using the
standards adopted by the Palm Beach County Health Department for estimating such
flows, unless a registered engineer justifies difterent standards. Commitment to the
provision of improvements to the sewage collection system shall also be included,
where the existing facilities would be inadequate to serve development under the
proposed zoning.
.1QL.(8) For proposed residential developments larger than one (1) acre, a comparison of
the projected population under the proposed zoning or development with the projected
population under the existing zoning. Population projections according to age groups
for the proposed development shall be required where more than fifty (50) dwellings, or
50 sleeping rooms in the case of group housing, would be allowed under the proposed
zoning.
At the request of the Planning Division, Planning and Development Board, or City
Commission, the applicant shall also submit proposals for minimizing land use conflicts
with surrounding properties. The applicant shall provide a summary of the nuisances
and hazards associated with development under the proposed zoning, as well as
proposals for mitigation of such nuisances and hazards. Such summary shall also
include, where applicable, exclusion of particular uses, limitations on hours of operation,
proposed location of loading areas, dumpsters, and mechanical equipment, location of
driveways and service entrance, and specifications for site lighting. Nuisances and
hazards shall be abated or mitigated so as to conform to the performance standards
contained in the City's zoning regulations and the standards contained in the City's noise
control ordinance. Also, statements concerning the height, orientation, and bulk of
structures, setbacks from property lines, and measures for screening and buffering the
proposed development shall be provided. At the request of the Planning and
Development Board or City Commission, the applicant shall also state the type of
construction and architectural styles that will be employed in the proposed development.
_(10)At the request of the Planning Division, Planning and Development Board, or City
Commission, the applicant shall also submit the following information:
,.---;p _(9)
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_(a) Ofticial soil conservation service classification by soil associations and all areas
subject to inundation and high ground water levels.
_(b)
Existing and proposed grade elevations.
_(c) Existing or proposed water bodies.
_(d) Form of ownership and form of organization to maintain common spaces and
recreation facilities.
_(e) A written commitment to the provision of all necessary facilities for storm
drainage, water supply, sewage collection and treatment, solid waste disposal,
hazardous waste disposal, fire protection, easements or rights-of-way, roadways.
recreation and park areas, school sites, and other public improvements or
dedications as may be required.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 7
_(11 ) For rezonings to planned zoning districts, the specific requirements for submission of
applications for rezoning to such districts shall also be satisfied. Furthermore, all
materials required for a subdivision master plan shall also be submitted.
(12) Where conformance with the county's Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of Environmentally Sensitive Lands (Environmental
Impact Study) must be submitted to the Palm Beach County Department of Environmental
Resources Management (copy to City) prior to or concurrent with the submittal of the Land
Use Amendment and/or Rezoning Application to the City.
III. APPLICATION FEES
Fees shall be paid at the time that the application is submitted, according to the fees which
have been adopted by ordinance or resolution. The Planning Division will inform the applicant
as to the fees which are required. All fees shall be paid by check, payable to the City of
Boynton Beach.
IV. Representative of the project must be present at all Technical Review Committee,
Planning and Development and City Commission meetings held to review this project.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 9
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review and Processing Schedule:
Date Accepted by Planning Division
Date Transmitted to City Clerk
Date Notifications Mailed to Surrounding Property Owners
Dates of Advertisement in Newspaper (rezoning and/or land use amendment)
Dates of Advertisement in Newspaper (annexation)
Date of Transmission of Departmental Review Forms to Department Heads
Date of Review by Technical Review Committee
Date of Pre-Hearing Conference
Date of Public Hearing Before Planning & Development Board
Date of Public Hearing Before City Commission
Date of Transmission of Proposed Comprehensive Plan Amendment to Florida Department of
Community Aftairs, pursuant to Florida Statutes, F.S. 163.3184 (1) (a)
Date of Transmission of Proposed Comprehensive Plan Amendment to Other Governmental
Agencies Requesting Notification, Pursuant to Florida Statutes, F.S. 163.3184 (1) (b)
Date of Receipt of Notice from Florida Department of Community Aftairs Regarding
Comprehensive Plan Amendment, pursuant to Florida Statutes, F.S. 163.3184 (4)
Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (5) (b)
Date of Hearing Before City Commission on Revised Comprehensive Plan Amendment,
Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
Date of Transmission of Revised Comprehensive Plan Element to Florida Department of
Community Aftairs, Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
Date of Receipt of Notice from Florida Department of Community Aftairs Regarding Revised
Comprehensive Plan Amendment
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 10
Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (7)
Date of First Reading of Ordinance to Annex
Date of First Reading of Ordinance to Rezone and Amend Future Land Use Map
Date of Second Reading of Ordinance to Annex
Date of Second Reading of Ordinance to Rezone and Amend Future Land Use Map
Date of Expiration of Zoning
Date of Expiration of Time Extension for Zoning
Kilday & Associates
Landscape Architects I Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(5611689-5522' Fax (5611 689-2592
www.kildayinc.com
JUSTIFICA nON STATEMENT
Land Use Amendment
Congress A venue Residential
Prepared by Kilday & Associates, Inc.
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The 32 acre property is located on the east side of Congress Ave. just north of the City's
boundary with Delray Beach. The vacant site has an Industrial (IND) land use
designation and is located in the M-l zoning district. This request is for a large-scale
land use amendment application to amend the land use designation to High Density
Residential (HDR). The property will eventually be rezoned to Planned Unit
Development (PUD). It is the petitioner's intent to develop the site as a market rate
apartment community.
Surrounding Properties:
Current Use Land use Zoning
North Currently vacant IND M-l
South Water treatment facilitv CF-P (Delray Beach) CF (Delray Beach)
East 1-95 None None
West Hunter's Run LDR PUD
The site is located within a study area known as the 'Southern Congress Avenue'
corridor. This corridor contains numerous M-l zoned parcels and is currently the subject
of a planning study being undertaken by the City Planning Department. Based on the
specific direction of the City Commission, staff has been instructed to find ways to
minimize the impacts of the industrial uses within the study area on adjacent residential
properties. It is unlikely that the corridor study will be completed until after this
application has been transmitted to DCA.
The City Commission recognizes that the industrial uses permitted on the property are
incompatible with the adjacent residential land uses. The subject property is located
directly across the street form the Hunter's Run PUD. Hunter's Run is an established low
density residential community which has spoken out publicly in favor of their desire to
have the subject property used for residential rather than industrial uses. Considering the
fact that the Policy 1.153 of the Comprehensive Plan permits up to 50% of a property
with an Industrial land use designation to be commercial uses, the current IND land use is
inappropriate for this location.
This property is conspicuously located at the entrance of the City of Boynton Beach for
visitors traveling north on Congress Ave. The support documents of the City's Future
Congress Avenue Residential
Page I of8
Land Use Element identify this section of southern Congress Ave. as, "a highly visible
corridor" (pg. 119). As an important gateway to the City, it is important to have a
vibrant, high quality, community located here that is consistent in appearance and in use
with the adjacent Hunter's Run development. An industrial project with both industrial
and some commercial uses, is not consistent with this strategy.
The HDR designation will encourage a multi-family use which is an entirely appropriate
transition between the intensive nonresidential uses to the east and the single family
residents to the west. A rental community at this location can be conditioned at rezoning
to provide a buffer with lush landscaping along Congress Ave. that is consistent with the
extensive Hunter's Run buffer. While a similar buffer can be requested of an industrial
use, industrial users have much less incentive to provide, as well as maintain, such a
buffer. Industrial sites are subject to the vagaries of the local, national, and international
business cycles. As is evident elsewhere in the City, such as with the property to the
north of the subject parcel, it is not uncommon for industrial sites to be vacant for
significant periods of time. However, residential communities, particularly rental
properties, must continually 'sell' their community to potential renters all year long.
Therefore, there is a financial incentive to invest significant resources into their exterior
appearance and to maintain it as such on a continual basis.
MARKET CONDITIONS
The City has an over-supply of property designated Industrial and is currently over-built
in terms of industrial square footage. A representation of this fact can be documented by
a review of the industrial market in the City. ONCOR International is an established
organization of independent real estate firms with over 180 world-wide offices that
monitors commercial and industrial real estate trends in local markets. According to their
year-end 2001 statistics, the industrial vacancy rate was 11.6 % for the Boynton Beach
sub-market. This sub-market market extends west of the municipal boundary to Florida's
Turnpike, but does not include Delray Beach. This was by far the highest vacancy rate in
the County. By comparison, the Palm Beach County as a whole had a very reasonable
industrial vacancy rate of 3.3%. In fact, the Boynton Beach sub-market's industrial
vacancy rate was double the second highest vacancy rate in the County (West Palm
Beach - 5.8%).
DEMAND
The excessive amount of property designated Industrial in the City is largely due to the
fact that the methodology used to determine the future demand for industrial property in
the 1989 Comprehensive Plan was based on outdated forecasting methods. The
Comprehensive Plan forecasts the amount of industrial lands that are required to meet the
needs of the population via a supply versus demand comparison. The Plan essentially
determines build-out demand for Industrial property based on industrial employment
forecasts. These forecast methods were generally accepted at the time and were based on
an economic study prepared by the Palm Beach County Board of County Commissioners.
However, since that time, the County has recognized that the nature of industrial uses has
changed such that these employment forecasts are no longer the most effective method to
Congress Avenue Residential
Page 2 of8
determine demand for industrial space. The Plan's employment forecasting method
overstated the demand for industrial space.
The County now relies upon its Commercial Needs Assessment Report, to determine the
supply and demand for retail, office, and industrial space in their review of non-
residential land use map amendments. This Report, which is continually updated,
recognizes that a 'ratio' method is the most effective means to determine the demand for
industrial space. This ratio method was recommended and accepted by the County by
Ron Berger, an expert in industrial real estate who was recommended by the National
Association of Industrial Office Properties. This ratio method accounts for both regional
and local industrial needs. The ratio method used by the County to determine industrial
demand assumes that 50 square feet of built industrial space is required per capita. This
50 SF per capita is the ratio that the County uses. It is more accurate than the
employment forecasting method, which is too restrictive and inflexible to incorporate the
changing nature of industrial uses. The employment forecasting method relies upon
industrial employment of twenty years ago.
The County's ratio method can be applied to the City's projected 2010 population (based
on 2000 census data and as provided by the Palm Beach County Planning Division) to
more accurately determine the projected 2010 demand for industrial property in the City:
. Multiply the projected 2010 population for the City by 50 SF per capita of
industrial space to determine the 2010 industrial demand-
66,952 people X 50 SF = 3,347.600 SF of industrial space (projected demand)
In order to extrapolate the amount of Industrial (IND) acreage necessary to generate this
amount of industrial square footage, a typical floor area ratio (FAR) must be established.
The City's 1989 Comprehensive Plan determined that the average FAR for built
industrial properties was 0.38. Using this FAR, there would have to be 202 acres of
Industrial (IND) land on the City's Future Land Use map to meet the projected demand
for the projected 2010 population. (3,347,600 SF + 0.38 FAR + 43,560 SF = 202 acres)
SUPPLY
The demand total above must now be compared to the projected supply of industrial
space. Based on data provided by the City, there are 248 developed and 497 undeveloped
acres of IND designated property in the City. This is a total of 745 acres. Assuming no
further annexations of industrial lands, this supply will remain be the same in year 2010.
In order to determine the amount of industrial square footage that will actually be built
this total supply, several assumptions must be made. Land area associated with project
right-of-way (ROW) has already been excluded from these totals. These following
assumptions have been taken directly from the Palm Beach County Commercial Needs
Assessment Report and will result in a more accurate accounting of the supply of
industrial lands in the City.
Congress Avenue Residential
Pagd of 8
Assumption A: 25% of developed industrial lands are utilized for office uses. Therefore
this percentage of the approved IND acreage will be deleted form the supply.
{248 ac X 25% = 62 ac} 248 ac.(-) 62 ac. = 186 developed 1ND propertv
Assumption B: 40% of undeveloped industrial lands will be used for office. Therefore,
this percentage of the undeveloped IND will be deleted from the supply.
{497 ac X 40% = 199 ac.} 497 ac. (-) 199 ac. = 298 acres undeveloped 1ND property
Assumption C: Approvals do not typically build out to 100% of capacity. Therefore, a
reduction of 10% in the supply of both developed and undeveloped industrial
land is included.
186 ac. X 90% = 167 acres developed industrial property
298 ac. X 90% = 268 acres undeveloped industrial property
SUM = 435 acres total acres of 1ND land
Assumption D: Based on the City's Comprehensive Plan, industrial sites typically build
out to an FAR of 0.38, Therefore, the ultimate square footage of buildable
supply of IND is determined by multiplying the acreage of IND land by an
FAR of 0.38.
435 acres X 0.38 = 7.200.468 SF of industrial supply exists in the City
Based on the above assumptions, the current supply of industrial space is 7,200,468 SF.
SUPPLY VS, DEMAND
Using the more current and accurate supply and demand methodologies of the
Commercial Needs Assessment Report, the current supply of land designated 'Industrial'
in the City will yield 7,200,468 SF of industrial space and there is a projected demand for
only 3,347,600 SF of industrial space. Therefore, the current supply of industrial space
outstrips expected demand by 3,852,868 SF.
7,200,468 SF supply of industrial space
(-)3.347.600 SF demand of industrial space
3.852,868 SF snrolus of industrial soace
Assuming the City's 0.38 FAR for industrial properties, this translates into an excess of
233 acres of IND designated property on the current Future Land Use map.
3,852,868 SF + 0.38 FAR + 43,560 = 233 acres of IND desilmated orooertv.
This over-supply of IND designated property in the City helps to explaining the
exorbitant industrial vacancy rates in the Boynton Beach sub-market. For comparative
purposes, one can review the supply of industrial property in the adjacent City of Delray
Beach. The projected 2010 population for Delray Beach (60,020) is very similar to that
of Boynton Beach (66,952). But while Boynton Beach has 745 acres of land designated
IND, the City of Delray Beach has only allocated 456 acres of land to the as
Industrial/Commerce future land use category.
Congress Avenue Residential
Page 4 of8
Based on the analysis above, the proposed land use change for the 32 acres from IND to
HDR, will have no detrimental impact on the City's ability to provide services to its
residents or industrial land to those who might need it. This proposal will, in fact, only
help to reduce the surplus supply of IND designated property from 233 to 201 acres.
Responses to Land Use application items:
lI(g)
1) Whether the proposed land use amendment/rezoning would be consistent
with applicable comprehensive plan policies. The division shall also
recommend limitations or requirements that would have to be imposed
on subsequent development of the property in order to comply with
policies contained in the comprehensive plan.
The proposed land use amendment is consistent with numerous elements of the
Comprehensive Plan including:
Objective 1.17: The proposed amendment will minimize the land use
conflicts and help to maintain property values for the single family
community of Hunter's Run by removing the potential industrial/commercial
development of this property.
Policy 1.19.1: The proposed amendment will permit a full range of
housing types and choices in an appropriate for this location.
Policy 1.19.2: The proposed amendment will not impact the industrial
acreage that will is to provide for employment opportunities in the City. As
evidenced by the high industrial vacancy rates, the utilization of industrial
property for mixed use developments, and the supply/demand analysis in the
previous section, there is an excess supply of IND designated property in the
City. Subsequent to this amendment, there will be still be an abundance of
IND designated property in the City to provide for its employment
opportunities. Employment opportunities are not being created with an over-
supply of industrial lands that remain vacant or underutilized. This
amendment will create immediate job opportunities for the construction,
landscaping, and leasing fields. In addition, future workers will be located on
this site that will serve the communities employment needs. This land use
change will ensure that the site, which has remained vacant and unused for
decades, will be utilized as its highest and best use.
Policy 1.19.4: This proposal will not prohibit the development of
industrial lands to maximize the linkages between complementary industries.
Any opportunities for linkages between this property and the surrounding
properties would likely have been accomplished over the previous twenty
years.
In addition, the Land Use Problems and Opportunities section of the Plan
identifies that portions of this industrial district along Congress Ave,
particularly those sites which are across the street from Hunter's Run, should
give strong consideration to the types of uses and aesthetics in order to be
Congress Avenue Residential
Page 5 of8
compatible with the single-family homes. Since this is the only parcel that
lies opposite single-family residences, it is clear that the industrial nature of
this site has always been a concern to the City. This amendment will resolve
the incompatibilities that the Plan explicitly recognizes. As was described in
the previous section, the upgraded aesthetics that the City will likely require at
site plan review can be better implemented and maintained in a residential
community rather than and industrial user.
2) Whether the proposed land use amendmenUrezoning would be contrary
to the established land use pattern, or would create an isolated district
unrelated to adjacent and nearby districts or would constitute a grant of
special privilege to an individual property owner as contrasted with the
protection of the public welfare.
This land use amendment will serve as an appropriate transition from the more
intensive surrounding uses for the single-family residences to the west, and will
be a more appealing gateway into the City along this visible corridor. There will
be no special privilege granted to the property owner. This proposal will in fact
benefit the public welfare by eliminating a potentially noxious
industrial/commercial use from infringing upon an established single-family
community. Also, the over-supply of IND land on the Future Land Use map will
be reduced, which will create more efficient use of the City's land.
3) Whether changed or changing conditions make the proposed land use
amendmenUrezoning desirable.
There have been significant changes since the 1989 Plan established the current
land use. The nature of industrial uses has changed such that the previous
methodologies used for determining the demand for industrial property are no
longer appropriate. Also, as evidenced by the numerous land use amendment in
the City as well as City initiated amendments to the Plan, the housing market has
changed as well to encourage higher density residential within in the City.
4) Whether the proposed land use amendmenUrezoning would be
compatible with utility systems, roadways and other public facilities.
The proposed amendment will be completely compatible with the utility,
roadway, and all other public facilities. All utilities are in available adjacent to
the site.
5) Whether the proposed land use amendmenUrezoning would be
compatible with the current and future use of adjacent and nearby
properties or would affect the property values of adjacent and nearby
properties.
As evidenced by the fact that City Commission has specifically asked the staff to
review the incompatibility of the Industrial land use designation for this property
M-l, on the surrounding properties, there are obviously existing incompatibility
issues. This amendment will help to rectify this inconsistency by establishing an
appropriate transitional use on this property that will sustain the property values
Congress Avenue Residential
Page 6 of8
of the surrounding neighbors.
6) Whether the properly is physically and economically developable under
the existing land use designation/zoning.
While it is physically developable under the current land use designation, it is not
economically feasible. The site has been undeveloped for over 15 years as an
industrial property. This is likely due to the abundance of industrial land in the
Boynton Beach area. In addition, considering the fact that the Boynton Beach
sub-market has the highest industrial vacancy rate in the County, this economic
situation is not likely to change soon.
7) Whether the proposed land use amendment/rezoning is of a scale that is
reasonably related to the needs of the neighborhood and the city as a
whole.
This proposal will serve the City by removing some of the excess supply of IND
lands and providing much needed residential property. The neighborhood will be
the primary beneficiary of this proposal since the current industrial designation
has created incompatibility issues.
8) Whether there are adequate sites elsewhere in the city for the proposed
use, in districts where such use is already allowed.
There are no other HDR properties in the City of this nature which could be
developed as desired by the petitioner.
II. (h.)
A comparison of the impacts that would be created by the development under the
proposed zoning with the impacts that would be created by development under the
proposed zoning.
The site currently could be developed as an Industrial parcel in the M-l Zoning District.
According to the City's Land Development Regulations, an FAR of 2.4 is permitted in
the M-l District. This would yield a potential 3,362,135 SF square feet of industrial
space, that in all likelihood would never be used based on the preceding analysis and the
fact that it has been vacant for such a long time under its current land use. Under the
proposed land use designation, HDR, 347 dwelling units could be developed. A traffic
report is attached which indicates that the proposed use represents a significant decrease
in traffic on the adjacent roadways.
II.c.(6)
Comparison of water demand for proposed and existing zoning.
The City standard for determining water demand is 200 gallons per capita and 2500
gallons per day per acre for the non-residential uses. Accordingly, 166,560 gallons of
water could be generated with this amendment, whereas 8,040 gallons of water per day
would be generated under existing land uses. However, the effect of the additional water
Congress Avenue Residential
Page 70f8
.
demand on the city's facilities will not require additional improvements to the existing
water system.
Il.c.(7)
Comparison of sewer demand for proposed and existing zoning.
The City standard for determining sewer demand is 90 gallons per capita and 2.4 persons
per unit. The proposed land use will generate 74,942 gallons per day. Under the existing
land use, 73,100 gallons per day are estimated for the site. This increase in demand is
insignificant and can be easily met by the City's existing facilities.
Il. c. (8-12)
At the request of the Planning Department, Planning and Development Board, or City
Commission, the applicant shall provide additional information regarding the site.
Additional information will be provided to Staff or officials as needed.
Congress Avenue Residential
Page S olS
III. CERTIFICATION
(I) (yIIe) understand that this application and all papers and plans
submitted herewith become a part of the permanent records of the
Planning and Zoning Division (I) (yIIe) hereby certify that the above
statements and any statements or showings in any papers or plans
submitted herewith are true to the best of (my) (our) knowledge and
belief. This application will not be accepted unless signed according to
the instructi9Ps below. () I /- I. (, 1 ,
Co":JI'~><' l"<t,,->\-r,~ Vt'<M-<- I L-- ( ,;- Flo"j!~ <-:-- kef h,,"Y/,r( w-{"i
tsr. LG-cJ}_.\v<>:,t~<.-c\: 6<-vvPi/"-'( ,t: (lv",1-. /.-,i-ull"~IIi'n ~(I '/-;Kt'MI,........
/'6'1.---- '1/1/0 L
se v' ^ I L- e.fC"--
Signature of Owner(s) or Trustee, of I\,("^"-JIO-r Date
Authorized Principal if property is owned by
a corporation or other business entity.
IV.
AUTHORI~IO~FAGENT
(' 11
<::'\.t.i; (~,. \(!J~ "- m'6i,<>-'<-s-
Signature of Authorized Agent
~-/--L&-
Date
(I) (yIIe) hereby designate the above signed person as (my) (our)
authorized agent in regard to this application.
Signature of Owner(s) or Trustee,
or Authorized Principal if property is owned
by a corporation or other business entity.
Date
1~
~!
2
III. CERTIFICATION
(I) 0Ne) understand that this application and all papers and plans
submitted herewith become a part of the permanent records of the
Planning and Zoning Division (I) 0Ne) hereby certify that the above
statements and any statements or showings in any papers or plans
submitted herewith rue to the best of (my) (our) knowledge and
belief. This app" on will not be accepted unless signed according to
the instructio low. ::Ht MA-f:r7MJIJr b,eV€LoPitl~ L.f>.
'I. I 1>2..-
Si ature of Applicant L Date
Authorized Principal if a corporation or other business entity.
IV.
Signature of Authorized
'-{, ~~
( J4<,'f);'Jt-i!!:> Date
(I) 0Ne) hereby designate the above signed person as (my) (our)
authorized agent in regard to this application.
Signature of Applicant Date
or Authorized Principal if a corporation or other business entity.
11-
2
C. APPLICANT'S NOTICE AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
----------------------/
BEFORE ME THIS DAY PERSONALLY APPEARED c1(; ~ WHO BEING DULY
SWORN, DEPOSES AND SAYS THAT:
~~ I
He/she is the owner, or the wner's authorized agent, f the real property legally
described in Attachment A;
The accompanying Property Owners s, 0 the best of his/her knowledge. a
complete and accurate list of all property owners, ml"iling addresses and proper}}' I
control numbers as recorded in the latest official tax rolls for all property within '100
hundred (liDO) feet of the real property described in Attachment A , or all property
within \\00 feet of all contiguous property owned whole or in part by the owner of the
real property described in Attachment 1-1. if applicable; ,
FURTHER AFFIANT SAYETH NOT, ~ ,_')
The foregoing ins. trumentwas,a7knowledged before me(~:iS e Ofd~~~o; ~~;n~~;edging~~hO i~
b ' "u ' ,\ '. " m . (-type of
Y II k to me orwl'lo has produced ~
~~~~~:O~o~nid;~~:fO~ an~ Wh:~~ (did not) take an oath, (y)Q
'. '-. " - I d t) Applicant's Signaturr / _
(Signature of Person ;aki~g Acknow e g~en Ch (~ ra.-N
/ 'r'-'..', r ~ t!... ;;
~ ','" V r / - ~ --: - d) Applicant's Name (Print)
(Name of Acl<nowledger Typed, Printed or Stampe,J riI-. \ ~
c ;;:>( ~u"" ~\'I\C-e tcJ:)K
Street Address
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City, State, Zip Code
1.
2,
(Title or Rank)
(Serial Number, if any)
(Notary' Se II\.';/I\"~", UNOSEY ARTHUR WALTER
Il'l',!J,,"!';;. MY COMMISSION #.CC 9066.16
%i\~,kj EXPIRES. Marclt 7, 2004
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88476/223
(BOYllton Beach)
AGREEMENT FOR
PURCHASE AND SALE Of' UNIMPROVED LAND
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TInS AGREEMENT FOR PURCHASE AND SALE OF UNIMPROVED LAND
(this "Agreement") is entered into as of the date (the "Eucution Date") this Agreement has
been executed by and between Congress Industrial Park, L.C., a Florida limited liability
company ("Seller"), and JPI APARTMENT DEVELOPMENT, L.P., a Delaware limited
partnership ("Purchaser"), upon the terms and provisions set forth herein. For purposes of this
Agreement, the "Effeetive Date" is the date evidenced by the execution of the Receipt and
Acknowledgment by Escrow Agent ctttached to this Agreement and means the date this
Agreement has been executed by Seller and Purchaser and delivered to Chicago Title Insurance
Company, Attn: Artie Montaner, 2701 Gateway Drive, Pompano Beach, Florida 33069
Telephone (954) 971-2200, Facsimile (954) 971~ (the "Escrow Agent").
&:l1O
ARTICLE 1
Purchase and Sale
1. I Property. For and in consideration of the premises. undertakings and mutual
covenants of the parties set forth herein and Purchaser's delivery to Seller of ONE HUNDRED AND
No/tOO DOLLARS (5100.00) (the "Independent Consideration"), the receipt of which is hereby
acknowledged by Seller and agreed to be non-refundable consideration for Purchaser's right to
purchase the Property (as hereinafter defined) on the tenns and conditions of this Agreement,
Seller hereby agrees to sell and convey unto Purchaser and Purchaser hereby agrees to purchase
and accept from Seller all of the following (collectively, the "Property"):
(a) That certain real property (the "Land") located in the City of Boynton
Beach, Palm Beach County, Florida, comprising approximately 31.487 acres of Land, generally
located on the east side of Congress Avenue, just north ofLalce Worth Drainage District Lateral
Canal 1.-30, and more particularly and legally described on Exhibit "A" attached hereto,
together with all improvements thereto, if any, and all rights, titles, estates and interests of Seller
in and to any and all rights, benefits, privileges, tenements, hereditaments and appurtenances
thereon or in anywise appertaining to the Land or owned by Seller and used in connection with
the Land. If the legal description of the Land resulting from the Survey (as hereafter defined) is
different from any legal description attached hereto as of the Execution Date, or if no legal
description is available as of the Execution Date, then the legal description on the Survey
approved by Purchaser shall be incorporated herein for all purposes as Exhibit "An hereafter and
shall constitute the legal description of the Land being purchased hereunder;
(b) All contractual and other rights of Seller with respect to the Property, if
any, including, without limitation, such rights relating to land use, services, utilities, public
wo~ks, roadways, licenses, permits, governmental approvals, development rights, authorizations,
envIronmental reports, studies, inspections and analyses conducted on or with respect to the
Purchase and Sale Agreement (Boynton Bcaeh).OOC (18476/223)
1
Land, al1 other reports and studies regarding the Land or any portion thereof and similar rights
relating to the ownership, use, operation or development of the Land (collectively, the "Rights");
(c) All site plans, marketing brochures, surveys, soil reports, appraisals,
architectural renderings, plans and specifications, engineering reports, floor plans, landscape
plans, environmental reports, studies, inspections, analyses and other plans, diagrams or studies
of any kind conducted on or with respect to the Land, all ad valorem tax statements relating to
the Land and receipts evidencing payment of such taxes, if any, in Seller's possession or control
and to the extent available (collectively, the "Materials');
(d) All intangible personal property now or hereafter owned by Seller and
used in the ownership or operation of the Land, the Rights or the Materials, including, without
limitation, the right to use any trade names, logos or other intellectual property now used in
connection with the Land (collectively, the "Intangible Property"); and
(e) all rights, titles, estates and interests of Seller in and to (i) any and all
alleys. strips or gores of land and to any land lying in the bed of any highway, street, road,
avenue or alley, open or proposed, in, on, across from, in front of, abutting or adjoining the Land,
whether owned or claimed by deed, limitation or otherwise and whether or not located inside or
outside the Land; (ii) any easements. rights-of-way, rights of ingress or egress and other interests
in, on or to any land, highway, street, road or avenue, open or proposed in, on, across from, in
front of, abutting or adjoining the Land; (iii) any condemnation award made or to be made after
the Execution Date, in connection with the Land and/or the interests described in the foregoing
SUbparagraphs and in and to any unpaid award for damage to the Land and/or said interests
pertaining to the Land, as provided in Article 8 herein; (iv) any and all oil, gas and other mineral
rights and interests pertaining to the Land; (v) any and all rights to the present or future use of
water rights, wastewater, wastewater capacity, drainage, water or other utility facilities that
pertain to or benefit the Land, including without limitation, all reservations, credits,
commitments or letters covering any such use in the future; (vi) any and all reversionary rights
attributable to the Land; (vii) all other rights, benefits, privileges, tenements, hereditaments and
appurtenances thereon or in anywise appertaining to the Land, or owned by Seller and used or
useful in connection with the Land; and (viii) any assignable leases, easements, licenses, plans,
pennits, credits and contracts relating to any of Seller's interest in and to any rights, titles, estates
and interests of Seller, as set forth above (colledively, the "Additional Property").
1.2 Billboard Parcel. Seller desires to obtain all necessary approvals for the erection
ofa Billboard (the "Billboard") on a portion of the Land. In connection with the purchase of the
Property, Seller and Purchaser shall negotiate an easement for a portion of the Land upon which
a Billboard is to be erected, together with an access easement for ingress and egress to and from
such Billboard (COllectively, the "Billboard Parcel"). On or before that date which is thirty (30)
days after the Effective Date, Seller shall provide to Purchaser a survey of the proposed
Billboard Parcel. On or before that date which is forty-five (45) days after the Effective Date,
Seller and Purchaser shall attempt to agree upon the location of the Billboard Parcel and the form
of an easement agreement (the "Easement'), to be granted by Purchaser to Seller at Closing, for
the Billboard Parcel. Upon agreement on the legal deScription of the Billboard Parcel and the
fonn of the Easement. the form of the Easement, together with the legal description of the
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Purchas~ and Sale Agreement (Boynton Beach) 12. J 3-0 LDOc (18476/223)
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Billboard Parcel, shall be attached hereto as an exhibit by amendment to this Agreement on or
before the last day of the Feasibility Period, hereinafter defined. At Closing, hereinafter defined,
if Seller has obtained all necessary approvals for the Billboard, Purchaser shall execute and
deliver the Easement to Seller.
1.3 "AS IS". "waERE IS" PURCHASE. EXCEPT AS OTHERWISE
SPECIFICALLY STATED IN THIS AGREEMENT, SELLER HEREBY DISCLAIMS
ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR WRITTEN,
I'AST, PRESENT OR FUTURE, OF, AS TO OR CONCERNING THE NATURE AND
CONDITION OF THE PROPERTY, INCLUDING, BUT NOT BY WAY OF
UMITATION, THE PROPERTY'S WATER, SOIL, GEOLOGY AND THE
SUlTABIUTY OF THE PROPERTY FOR PURCHASER'S ANTICIPATED USE,
HEREINAFTER DEFINED. THE SALE OF THE PROPERTY IS BEING AND WILL
BE MADE ON AN "AS IS, WHERE IS" BASIS AND PURCHASER EXPRESSLY
ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENTS OF
SELLER HEREIN AND EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED
HEREIN, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR
IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT
UMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CONCERNING
THE PROPERTY. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT
IT IS RELYING SOLELY UPON ITS OWN INDEPENDENT INVESTIGATIONS AND
INQUIRIES REGARDING THE PROPERTY AND, EXCEPT FOR THE EXPRESS
REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN THIS
AGREEMENT, IT IS NOT RELYING, AND IS NOT ENTITLED TO RELY, UPON ANY
REPRESENT A nONS OR WARRANTIES MADE BY SELLER. THE PROVISIONS OF
THIS SUBSECTION 1.3 SHALL SPECIFICALLY SURVIVE THE CLOSING OR THE
EARLIER TERMINATION OF TffiS AGREEMENT.
ARTICLE 2
~chase Price and Eamest Monev
2.1 Purchase Price. The purchase price (the "Purchase Price") for the Property is to
be paid on the Closing Date (as hereinafter defined) in casb .
and shall be ua1 to the sum of
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Purchase and Sale AllI'eement (Boynron Beach)12-I3-0 I.DOC (88476/223)
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prior to the Closing (as hereinafter defined). but after the expiration of the Feasibility criod (as
hereinafter defined), it is detennined that any third party whose approval or consent is required to
develop the Property for the Anticipated Use or any proposed or enacted law, by-law. statute,
rule, regulation or other requirement of any Governmental Authority (as hereinafter defined)
does not or would not pennit the Anticipated Use, then Purchaser may, in its sole and absolute
discretion, elect to receive a return of the Earnest Money, excluding the Initial Deposit (both as
hercinafter defined), following which this Agreement shall tenninate and none of the parties
hereto shall have any further duties, liabilities or obligations to one another hereWlder, excepting
the Surviving Duties (as hereinafter defined).
2.2 Method ofPavment. The Purchase Price shall be payable as follows:
(b) Additional Deoosit. If this Agreement has not been earlier tenninated on
or before the expiration of the Feasibility Period (as hereinafter defmed), Purchaser shall deliver
to the Escrow A en on or before the ex iration of the Feasibility Period as an earnest
m
(c) Additional Earnest Monev DeDOsits. If the Approvals Period, hereinafter
defined, is extended, Purchaser shall make Additional Earnest Money Deposits as defmed and
provided in Section 3.5 below.
(e) Closinlr Extension Deoosits. Purchaser may extend the Closing and the
Closing Date subject to its exercise of each Extension Right granted pursuant to Section 5.2
hereof. If Purchaser exercises the Extension Right, Purchaser shall deliver to the Escrow Agent,
i . ansfer or a co 0 te c ec an additional deposit in the amount of
its exercise of each Extension
Right (such additional deposit being hereinafter referred to as the "Extension Deposit''). (The
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Initial Deposit, the Additional Deposit, any Additional Earnest Money Deposit, any Extension
Deposit, and all interest earned thereon are hereinafter collectively referred to as the "Earnest
Money").
(f) Escrow Account. The Earnest Money shall be held in escrow by the
Escrow Agent and shall be deposited into an interest bearing, federally-insured account with a
national bank approved by Purchaser. Any income or interest earned on the Earnest Money prior
to the Closing shall be held in the foregoing escrow account and shall be deemed a part of the
Earnest Money. Except as otherwise provided herein, at Closing the Earnest Money shall be
credited against the Purchase Price; provided, however, if the sale contemplated by this
Agreement does not close, the Escrow Agent, or the Seller as the case may be, shall distribute the
Earnest Money in accordance with the terms of this Agreement.
(g) Closimz Pavrnent. At Closini, Purchaser shall pay to Seller an amount of
cash or other immediately available funds equal to the Purchase Price, subject to credits for the
Earnest Money, and other amounts to be credited to the account of Purchaser pursuant to the
terms of this Agreement.
ARTICLE 3
Insoection of the ProDertv
3.1 IIIl!Dection Documents. The fOllowing documents constitute the
documents to be reviewed and approved by Purchaser during the Feasibility Period and shall
hereinafter be referred to as the "Inspection Documents".
(a) Title Commitment. Within fifteen (15) days after the Effective Date and
the availability of a valid legal description of the Property sufficient for Mombach, Boyle &
Hardin, P.A., as agent for Chicago Title Insurance Company, Broward Financial Center, Suite
1950, 500 East Broward Blvd., Fort Lauderdale, Florida 33394, Telephone (954) 467-2200,
Facsimile (954) 467-2210 (the "Title Company") to issue a title commitment (the "Title
Commitment") covering the Property, Seller, at Seller's sole cost and expense, shall cause the
Title Company to issue and deliver to Purchaser the Title Commitment in a form. which will
allow the Title Company to issue to Purchaser at CloSL.'1g an ALTA (Form B-1970) Extended
Coverage Owner Policy of Title Insurance, with Florida modifications (the "Title Policy", which
term includes all endorsements required by Purchaser, including, without limitation:
comprehensive, contiguity, street access, "same as survey", separate tax lot, no mechanics liens
and environmental protection endorsements if and to the extent available), together with true,
correct, complete and legible copies of all recorded documents affecting the Property and listed
or referred to therein (the ''Title Documents").
(b) Survev. Within five (5) days after the Effective Date, Seller shall deliver a
copy of the most current existing survey it has to Purchaser, if any, and Buyer, at Buyer's sole
option, election. COSt and expense, shall, within thirty (30) days after the Effective Date, obtain
and have delivered to Purchaser and Seller a current boundary survey of the Land or, if there is
an existing survey, an update thereof, currellt as of a date after the Effective Date, with any
survey being delivered hereunder meeting the survey standards and containing a Surveyor's
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Purchase and Sale Agreement (Boynton Beach) 12-13-0 J.DOC (88476/223)
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Cenificate in the fonn of Exhibit "B" attached hereto and incorporated herein by reference, or
such other standards as may be desired by Purchaser (such new sl1IVey and/or any updated
sl1IVey hereinafter refened to as the "Survey"). Without limiting the foregoing, the Survey shall
be sufficient for the Title Company to remove the "sl1IVey exception" (or its equivalent) from the
Title Policy.
(c) ProDCrtv Information. Within ten (10) days after the Effective Date, Seller
shall, at Seller's sole cost and expense, provide Purchaser with copies of all of the following
information (collectively, the "Proper1y Information") to the extent in Seller's possession or
control: (i) evidence of the Rights. the Materials, the Intangible Property, the Additional Property
and all other studies, inspections and analyses pertaining to the Property or the history thereof or
conducted with respect to the Property for or on behalf of Seller or otherwise in Seller's
possession or control; (ii) ad valorem tax and assessment statements relating to the Property for
the year such taxes were last paid to the most recent tax year and any information regarding any
current valuation of the Land for ad valorem tax and assessment purposes or notices relative to
an anticipated change in valuation for any and all ad valorem tax and assessment purposes; (iii)
all architectural and engineering plans relating to the Property and all other reports, studies,
investigations. inspections and analyses conducted on or with respect to the Property for or on
behalf of Seller or otherwise in Seller's possession or control; (iv) Seller's existing title insurance
policy; (v) each and every Phase 1 and other environmental site sl1IVey or assessment of the
Property; and (vi) any and all other information relating to the ownership, use, occupancy.
development or operation of the Property.
3.2 Purchaser's Title Obiections. If, after the examination of the Inspection
Documents, Purchaser determines that the title to the Property as reflected in the Inspection
Documents is unacceptable for any reason, Purchaser shall notifY Seller in writing ("Purchaser's
Notice'') of such unacceptable exceptions (the "Title Objections") within fifteen (15) days after
the date on which Purchaser receives the last of the Title Commitment, the Title Documents and
the Survey, as long as any such Survey is ordered by Purchaser within ten (10) days after the
Effective Date (the "Notification Date").
3.3 Seller's Curative Actions rel!ardinlz the Title Objections. If Purchaser provides
Seller with Purchaser's Notice of any Title Objections pursuant to Section 3.2 hereof, Seller may,
but shall not be obligated to, take such actions as are necessary to eliminate or modify such Tille:
Objections to the satisfaction of Purchaser. If Purchaser delivers Purchaser's Notice, Seller shall
deliver written notice (the "Soller's Notice") to Purchaser within fifteen (15) days thereafter,
stating whether, prior to Closing, Seller shall remove at Seller's expense (or otherwise cure in a
manner reasonably satisfactory to Purchaser as specified in Seller's Notice) any or all such Title
Objections. Seller's failure timely to deliver the Seller's Notice of its election to remove or cure
any Title Objections as aforesaid shall be deemed Seller's election not to remove or cure such
Title Objections. If Seller elects or is deemed to have elected not to remove or cure any Title
Objections, Purchaser, at its election, may waive its objections or tenninate the Agreement by
delivery of written notice of such termination to Seller and receive a refund of the Eamest
Money. Those matters set forth in the Title Commitment to which Purchaser does not object or
as to which Purchaser objects and subsequently waives its objection thereto shall constitute
"Permitted Exeeptions" herein so called.
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Purchase and Sale Agreemenl (Boynton Beach) 12.13..() I.DOC (88476/223)
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3.4 Feasibilitv Period Insoections and Investillations. Purchaser and Purchaser's
employees, agents, representatives and any third party engaged by Purchaser ("Purchaser's
Representatives") shall have the right and pennission for a period of time (the "Feasibility
Period'') beginning on the Execution Date and ending at 5:00 p.m. on Tuesday, January 30, 2002
to enter upon the Property at all reasonable times to make such investigations, studies and tests
of the Property, including. but not limited to, conducting engineering inspections, making soil
and substrata drillings and borings and perfonning environmental inspections and any other
inspections, tests, studies and investigations which Purchaser deems necessary or advisable, in its
sole and absolute discretion; provided, however, that after the expiration of the Feasibility
Period, Purchaser shall also have the right and permission to enter upon the Property for any
such purpose through the Closing Date. All such inspections, drillings, borings, tests, studies
and investigations shall be at Purchaser's sole cost, risk and expense; provided, however, that
Seller shall cooperate with Purchaser as neccssary and provide all plans, soil surveys,
engineering studies, endangered species letters. environmental assessments and other
infonnation pertaining to the history of the Property that" Seller has in its possession or control.
Purchaser agrees to: (a) repair any damage to the Property caused by such inspections, drillings,
borings, tests, studies and investigations; and (b) indemnifY and hold Seller and the Property
hannless from any and all claims and expenses arising or resulting from such inspections.
drillings, borings, tests, studies and investigations, excluding, however, any of the foregoing
caused by the acts or omissions of Seller, its agents, representatives, employees or invitees. In
addition, Purchaser and Purchaser's Representatives shall have the right and pennission at all
reasonable times to access and review and to make copies of all pcnnits,licenses, zoning or other
ordinances, restrictive covenants, rules, laws or any and all other conditions affecting the
Property or Purchaser's ability to develop the Property in accordance with Purchaser's
Anticipated Use of the Property. During the Feasibility Period and through the Closing,
Purchaser and Purchaser's Representatives may make inquiries of and to third parties, including,
without limitation, all applicable local, state and federal govemmental authorities (each, a
"Governmental Authority" and, collectively, the "Governmental Authorities'') in order to
investigate any aspect of the Property or Purchaser's ability to develop same. If, after any
inspections. activities and investigations described herein, prior to the expiration of the
Feasibility Period, Purchaser detennines not to procced with the closing oflhis Agreement in its
sole and absolute discretion, for any or no reason, Purchaser shall have the right to terminate this
Agreement by sending written notice of such election to tenninate this Agreement to Seller.
Upon such tellllination, Seller shall deliver to the Escrow Agent such consents to the
disbursement of the Earnest Money to Purchaser as may be required by the Escrow Agent,
Purchaser shall provide to Seller copies of all non-proprietary reports and studies prepared by
third parties for Purchaser and relating solely to the Property, at no cost to Seller, but without
assignment thereof to Seller and without representations and warranties of any kind, and the
Earnest Money shall be delivered to Purchaser, fOllOwing which this Agreement shalltenninate
and thereafter none of the parties hereto shall have any further duties, liabilities or obligations to
one another hereunder excepting the duties and obligations to indemnifY each other as provided
in this Agreement and the provisions of Section 10.9 hereof (COllectively, the "Surviving
Duties"). If Purchaser fails to terminate this Agreement before the expiration of the Feasibility
Period, Purchaser shall be deemed to have waived Purchaser's right to terminate this Agreement
pursuant to this Section.
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Purchase and Sale Agreement (Boynton Beach) I 2-13-0I.DOC (884761223)
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pprova s containing only such stipulations, conditions and requirements as may be reasonably
acceptable to Purchaser, provided that the SelIer shall fully cooperate with Purchaser in obtaining
all such Approvals. If Purchaser has not obtained all of the Approvals within the Approvals
Period, Purchaser shall have the right to extend the Approvals Period for two (2) successive
thirty (30) day periods by. on or before the then-scheduled last day of the Approvals Period,
providing Seller with written notice of its election to extend the Approvals Period and depositing
with the Escrow A ent additional Earnest Money (each, an "Additional Earne.lIt Money
Deposit")
none of the parties hereto shall have any further duties, liabilities or obligations to one another
hereunder, except the Surviving Duties.
ARTICLE 4
Closinl!: Conditions
4.1 Conditions to Oblie:ations of Seller. The obligations of Seller under this
Agreement to sell the Property shall be subjeet to the satisfaction of the folIowing conditions on
or before the Closing Date except to the extent that any of such conditions may be waived by
SelIer in writing at Closing:
(a) ReDresentations. Warranties and Covenants of Purchaser. All
representations and warranties of Purchaser in this Agreement shall be true and correct as of the
Closing Date. with the same force and effect as if such representations and WllITanties were made
anew as of the Closing Date and Purchaser shall have performed and complied with all
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Purchase and Sale Agreement (Boynlon Beach) 12-13-0 1.DOC (884761223)
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covenants and agreements required by this Agreement to be performed or complied with by
Purchaser prior to the Closing Date.
(b) No Orders. No order, writ, injunction or decree directed against Purchaser
shall have been entered and be in effect by any court of competent jurisdiction or any applicable
government authority and no statute, rule, regulation or other requirement shall have been
promulgated or enacted and be in effect that restrains, enjoins or invalidates the transaction
contemplated hereunder.
4.2 Conditions to ObIieations of Purcha.~er. Notwithstanding anything contained to
the contrary herein, the obligations of Purchaser under this Agreement to purchase the Property
and consummate the other transactions contemplated hereunder shall be subject to the
satisfaction of the following conditions (the "Conditions Precedent") on the Closing Date,
except to the extent that any of such Conditions Precedent may be waived by Purchaser in
writing at Closing:
(a) Reflresentations. Warranties and Covenants of Seller. All representations
and warranties of Seller in this Agreement shall be true and correct, with the same force and
effect as if such representations and warranties were made anew as of the Closing Date and,
except as otherwise expressly provided herein, Seller shall have performed and complied with all
covenants and agreements required by this Agreement to be performed or complied with by
Seller prior to or on the Closing Date; provided, further, notwithstanding that certain
representations and warranties hereunder may be "to Seller's knowledge", the non-existence of
all of the items described in any such representations and warranties are conditions of any
obligation for Purchaser to close under this Agreement.
(b)
Other Approvals.
ADDrovals. Purchaser shall have received all Approvals excluding the
(c) No Orders or Actions. No order, writ, injunction or decree directed
against Seller or any of the Property or proposal to change the permitted use or zoning of any of
the Property (other than as approved in writing by Purchaser) shall be pending or threatened or
shall have been proposed or entered into and be in effect by any court of competent jurisdiction
or any Governmental Authority and no statute, rule, regulation, ordinance or other requirement
shall be pending or threatened or shall have been proposed, promulgated or enacted and be in
effect that could or does restrain, enjoin or invalidate the transaction contemplated by this
Agreement, including, without limitation, the ability of Purchaser to develop the Property for the
Anticipated Use.
(d) No Suits. No suit or other proceeding before any court or any
Governmental Authority shall be pending or threatened by any third party that arises out of any
acts or omissions of Seller and seeks to restrain or prohibit the transaction contemplated
hereunder, including, without limitation, the ability of Purchaser to develop the Property for the
Anticipated Use. or to declare such illegal or seeks substantial damages against Seller in
connection with the transaction contemplated by this Agreement or in connection with any other
transaction relating to the Property, including, without limitation, the ability of Purchaser to
develop the Property for the Anticipated Use.
Purchase and Sale Agreement (Boynton Beach)12-13-0LDOC (88476/223)
9
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(e) Moratorium and Utilities. There shall be no moratorium affecting
Purchaser's development of the Property for its Anticipated Use and all utilities shall be available
to the Property at regular rates.
(f) Condition ofProoertv. There shall have been no material adverse change
in the condition ofthe Property after the expiration of the Feasibility Period.
(g) Status of Title. As of the Closing Date, the Title Company shall be
unconditionally committed to issue, immediately following the recording of Seller's Deed
(hereinafter defined), the Title Policy or, at Purchaser's option, an Extended Coverage Title
Policy, insuring that fee simple title to the Properly vests in Purchaser subject only to:
(i) nondelinquent county and city, if any, general, special and supplemental taxes and
assessments (to the extent such accrue and are applicable to time periods from and after the
Closing) constituting a lien at the Closing; (ii) the matters described in the printed form portion
of the Title Policy as may be modified to conform with Purchaser's request for Extended
Coverage; (iii) the Permitted Exceptions; (iv) any lien voluntarily imposed by Purchaser as of the
Closing Date; (v) any additional covenants, conditions, reserVations, restrictions, easements and
other matters appearing as exceptions and approved in writing by Purchaser; and, (vi) any other
matter which Purchaser and Seller mutually agree in writing may appear as an exception. Seller
shall not voluntarily cause any lien or other exception to be placed on title to the Property
without the prior written consent of Purchaser.
ARTICLE 5
Closinll
5. I Closinll Date. The consummation of the purchase and sale contemplated
hereby (the "Closing") shall be held by mail and co' .
Agent on that date (the "Closing Date")
5.2 Extension of Closine: and Closin\! Date. Purchaser shall have the right
(each, an "Extension Right") to extend the Closing Date for two (2) successive thirty (30) clay
periods by providing Seller with written notice of its election to extend the Closing Date for each
such thirty (30) clay period; each such notice shall be sent by Purchaser to Seller on or before the
then-scheduled Closing Date. If Purchaser exercises this Extension Right, Purchaser shall
deliver an Extension Deposit in accordance with Section 2.2(e) hereof and the Closing Date shall
be extended as provided herein.
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Purchase and Sale Agreement (Boynton Beach) 12-13-0 1. DOC (88476/223)
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5.3
following:
Seller's Oblil!ations at the Closinl!. On the Closing Date, Seller shall do the
(a) Convey to Purchaser, by delivering the duly executed and acknowlcdged
warranty deed (the "Deed") in the form attached hereto as Exhibit "C", good, marketable and
indefeasible fee simple title to the Property, free and Iclear of any and all liens, encumbrances,
conditions, easements, assessments, restrictions and other conditions, subject only to the
Permitted Exceptions.
(b) Deliver to Purchaser a Bill of Sale and Assignment, transferring and
assigning to Purchaser title to any and all personal property, with general warranty of title, and
all intangible property, by quit claim, held by Seller and related to the use, ownership or
developmcnt of the Property, free and clear of all liens and encumbrances except for the
Permitted Exceptions.
(c) Deliver a duly executed affidavit in accordance with the provisions of
Section 1445 of the Internal Revenue Code of 1986, as amended (the "Code").
(d) Execute and deliver, or obtain for delivery to Purchaser or the Title
Company, any other instruments reasonably necessary to close this Agreement which sellers
customarily execute or obtain and which are requested by the Title Company, including, by way
of example. but not limitation, closing statements, releases, an affidavit of debts, liens and
possession, evidence of the authority of the parties executing instnlments on Seller's behalf and
delivery of instruments required by the Title Company as set forth in the Title Commitment.
(e) Cause the Property to be in compliance with the provisions hereof and in
compliance with the requirements of the Title Commitment so that the Title Company is
prepared to issue to Purchaser a Title Policy with liability in the full amount of the Purchase
Price showing the Purchaser in title, subject only to the Permitted Exceptions.
(f) Pay for: (i) the cost of the Title Policy, (ii) all recording fees for the
release of Seller's mortgages and assignments, but not for the Deed or other Purchaser
documents, (iii) all transfer, deed or stamp taxes and similar conveyance taxes or charges (the
"Transfer Cbarges"), such Transfer Charges to be deposited into an escrow account with the
Title Company, (iv) that portion of escrow costs and other fees and charges not addressed herein
and chargeable to Seller in accordance with the Escrow Agent's usual practices in connection
with real property transactions in the county and state where the Property is located, (v) Seller's
prorated portion of Taxes (as hereinafter defined), (vi) all other costs as sct forth on any Closing
statement agreed to by Seller to be paid by Seller, and (vii) all other items to be paid by Seller as
provided herein.
5.4 Purchaser's Obli~ations at the Closing. On the Closing Date, Purchaser shall do
the following:
(a) Deliver to the Title Company evidence reasonably acceptable to the Title
Company and Seller authorizing consummation by Purchaser of the purchase and sale
transaction contemplated hereby and the execution and delivery of the closing documents on
behalf of Purchaser.
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Purchase and Sale Agreement (Boynton Beach)12-13-0 '-DOC (88476/223)
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(b) Deliver to the Escrow Agent for disbursement to Seller the Purchase Price
after the Escrow Agent has confirmed delivery of the documents and the fulfillment of all other
obligations and duties as described in Section 5.3 hereof and Seller is in compliance with the
terms and obligations of the Agreement.
(c) , Seller has submitted application no. 001003-3, Congress Industrial Park
(aka Siemans Site) Palm Beach County (the "Permit Application"), to the South Florida Watcr
Management District ("SFWMD"), which is anticipated to be reviewed by the SFWMD board on
or about December 13,2001. In connection with the granting of a permit pursuant to the Permit
Application, it is anticipated that a letter of credit in the total amount of $81,400.00 will be
submitted by Seller to and held by SWFMD as security for the performance of the work
contemplated in the Permit Application. At Closing, Purchaser shall assume all obligations
contemplated in the Permit Application and deliver to SFWMD a substitute form of such security
which is acceptable to both Purchaser and SFWMD, to assure release of Seller's security.
(d) Execute and deliver or obtain for delivery to Seller or the Escrow Agent
any instruments reasonably necessary to close this Agreement, including, by way of example but
not limitation, closing statements and all other costs set forth on the closing statement to be paid
by Purchaser, as agreed to by Purchaser.
(e) Pay for (i) the prorated portion of Taxes to be paid by Purchaser as
provided herein, (ii) all recording fees for Purchaser's fmancing documents, (iii) the cost of the
Survey, if not previously paid and (iv) that portion of escrow costs and other fees and charges not
addressed herein and chargeable to Purchaser in accordance with the Escrow Agent's usual
practices in connection with real property transactions in the county and state where the Property
is located.
Seller and Purchaser shall deliver to each other drafts of the documents described above which
are to be delivered on the Closing Date at least ten (10) days prior to the Closing Date so that
each party shall have an opportunity to comment on the same; provided, the foregOing shall not
give a party the right to change the form of a document which is specifically provided for and
attached to this Agreement. No later than three (3) business days prior to the Closing Date, the
Escrow Agent shall deliver to Purchaser and Seller a pro-forma closing statement. In addition,
subject to Section 10.9 hereof, Purchaser and Seller shall be responsible for the payment of their
respective attorneys' fees.
5.5 Taxes. Assessments and Prorations. General real estate taxes, assessments and
any personal property taxes imposed by Governmental Authorities and any assessments imposed
by private covenant constituting a lien or charge on the Land for the then-cWTent calendar year
or other current tax period not yet due and payable as to the Land ("Taxes") shall be apportioned
and prorated between Seller and Purchaser as of 11 :59 p.m. in the city and county where the
Property is located on the day prior to the Closing Date. If the Closing occurs prior to Seller's
receipt of the millage for real estate taxes for the current year or other applicable tax period in
which the Closing occurs, Purchaser and Seller shall prorate Taxes for such calendar year or
other applicable tax period based upon the most recent ascertainable assessed values and taxes
rates, but not less than one hundred percent (100%) of the tax bill for the previous calendar year
or other applicable tax period. All special or gupplemental taxes or assessments, including,
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without limitation, any "roll-back" or similar taxes or assessments attributable to any period(s)
prior to thc Closing, shall be paid by Seller. Any tax refunds attributable to any period(s) prior to
the Closing shall be paid to Seller within thirty (30) days of Purchaser's receipt thereof; provided,
however, Purchaser shall have no obligation to apply for or otherwise pursue such refunds. All
Tax prorations shall be based upon a fraction, the numerator being the number of days elapsed
from the date the latest tax year commenced and the denominator being 365. If the proration
provided for in this Section 5.5 is not based upon the actual Taxes for the calendar year in which
the Closing occurs, the panies shall adjust such proration when the actual Taxes are known.
Seller hereby covenants and agrees to promptly and in any event no later than five (5) days after
receiving notice of any proposed change in the assessed value of the Property provide Purchaser
with written notice as to such notice. Furthermore, if any portion of the Property is assessed and
taxed as a part of a larger parcel of real estate, then Seller shall, prior to the Closing, separatc the
Property from such larger parcel so that as of the Closing the Property is assessed and taxed as a
separate and distinct parcel of real estate. This Section shall survive the Closing.
5.6 Broker Commissions. Purchaser agrees that upon the Closing under this
Agreement, Purchaser will pay to J. W. Harris & Company (the "Broker") a brokerage fee or
brokerage commission (the "Fee") arising in connection with this Agreement pursuant to
Purchaser's existing and separate agreement or arrangement with the Broker. The Fee shall be
earned by the Broker only upon the Closing of this Agreement and the delivery' and recordation
of the Deed. Except for the Fee, Seller and Purchaser warrant and represent to each other that no
real estate brokers', agents', finders' fees or commissions are due arising in connection with the
sale of the Property, from the execution of this Agreement or the consummation of the
transactions contemplated in this Agreement and each party hereto agrees to indemnify and hold
the other party harmless from claims made by any person for any such fees, commissions or like
compensation claiming to have dealt with the party so indemnifying the other. This Section shall
survive the Closing.
ARTICLE 6
Renresenlations. Warranties and Covenants
6.1 Seller's ReDresentations and Warranties. Seller hereby represents and warrants to
Purchaser as follows, with the understanding that Purchaser is relying upon the accuracy of such
representations and warranties as of the Execution Date, except as noted otherwise, as of the last
day of the Feasibility Period and as of the Closing Date:
(a) Seller is duly organized, validly existing and in good standing under the
laws of the Slate in which the Property is located; this Agreement and all documents executed by
Seller which are to be delivered to Purchaser at the Closing are and at the time of Closing will be
duly authorized, executed and delivered by Seller, are and at the time of Closing will be legal,
valid and binding obligations of Seller enforceable against Seller in accordance with their
respective terms, are and at the time of Closing will be sufficient to convey title (if they purport
to do so), and do not and at the time of Closing will not violate any provision of any agreement
or juclicial order to which Seller Or the Property is subject. Seller has the full right, power and
authority to sell and convey the Property to Purchaser and to perform all of its obligations as
provided in this Agreement without the joinder or consent of any other party and the party or
~~
Purchase and Sale Agreement (Boynton Beach)12-13-0I.DOC (88476/223)
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parties executing this Agreement on behalf of Seller has or have been duly authorized and
empowered to bind Seller to this Agreement.
(b) All documents delivered by Seller to Purchaser, or made available to
Purchaser for review in connection with the purchase and sale of the Property pursuant to this
Agreement, are and at the time of Closing will be true, correct and complete copies of all such
documents in SeUer's possession or control. To SeUer's knowledge, there are no documents
which are of significance in evaluating the Property which have not been, or will not have been
at least ten (10) days prior to the expiration of the Feasibility Period, delivered to Purchaser.
Seller is not, and will not be at the time of Closing, in default under any agreement affecting the
Property, whether or not such agreement is to remain in effect following the Closing.
(c) Seller is not a "foreign person" within the meaning of the Code.
(d) Seller is the legal and equitable owner of fee simple title to the Property,
with fuH right to convey the same, and without limiting the generality of the foregoing, Seller has
not granted any option or right of first refusal or first opportunity to any pany to acquire any
interest in any of the Property. Neither the SeHer nor, to Seller's knowledge, any previous owner
of the Property, has sold, transferred or conveyed any air rights or other development rights with
respect to the Properly_ Other than Seller and the rights of Purchaser under this Agreement, no
person, firm or entity has any right. title, interest or estate in any of the Properly or has any right
or option to acquire fee title or any other right to any of the Property or any part thereof.
(e) Seller will take all necessary steps to convey the Propeny to Purchaser at
Closing free and clear of all taxes, liens, claims, assessments and other encumbrances other than
the Permitted EXceptions.
(f) Seller has no actual knOWledge of any taking, condemnation, zoning (other
than the Zoning Approval or unless approved in writing by Purchaser), betterment, assessment,
environmental, or other land-use regulation proceedings, actions, suits, arbitrations, elaims,
attachments or proceedings, assignments for the benefit of creditors, insolvency, bankruptcy,
reorganization or any other litigation or proceedings. actual or proposed, pending or threatened,
against Seller or the Property which would adversely affect the use, value or operation of the
Properly for the Anticipated Use or which would in any way constitute a lien, claim or obligation
of any kind against the Property or affect Seller's ability to perform its obligations under this
Agreement. There is no litigation pending or, to Seller's knowledge, threatened againsl SeHer
that arises out of the ownership of the Property or that might detrimentally affect the value,
ownership, use or operation of the Property or the ability of Seller to perform its obligations
under this Agreement.
(g) To the best of Seller's knowledge, there are no taxes, assessments or levies
of any type that have been or are anticipated to be imposed upon and collected from the Property
arising out of Or in connection with the ownership and operation or development of the Property
or any public improvements in the general vicinity of the Property, other than as may be
reflected in the Permitted Exceptions or ad valorem taxes on the Land for the calendar year in
which the Closing occurs payable to the applicable taxing authorities. Other than with respect to
the Easement, there are no obligations in connection with the Property which will be binding
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Purchase and Sale Agreement (Boynton Beach)12-13-0I.DOC (&84761223)
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upon Purchaser Dr affect the Property at Dr after the Closing and there are no assessments Dr
bonds assessed Dr proposed to be assessed against the Property, except for matters which are set
forth in the Title Commitment.
(h) Seller has: (i) not received notice or infonnation from the supplier of
water, sewage, electricity, gas, telephone, cable television or other utility services to the Property
Slating that such services will be curtailed in any manner or will not be provided, and (ii) no
knowledge that any of the foregoing are not available to the Property.
(i) To the best of Seller's knowledge without independent inquiry, (i) there
are no defects in the physical condition of the Property and the Property is not in violation of any
federal, Slate or local law, statute, code, ordinance. regulation Dr requirement (collectively, any
"Laws"), including, without limitation, any Laws relating to the environmental or ecological
condition of the Property Dr on, under or about the Property, including, but not limited to, soil,
surface water and groundwater conditions and the presence Dr absence of Radon gas, and
(ii) there are no Hazardous Materials existing on, under Dr about the Property. Seller further
represents and warrants that during the time of Seller's ownership of the Property, neither Seller
nor, to the best of Seller's knowledge, any third party, has used, generated, stored Dr disposed of
on, under Dr about the Property Dr transferred to or from the Property any Hazardous Materials.
For the purposes of this Agreement, "Hazardous Materials" means and includes any hazardous,
toxic or dangerous waste, substance, contaminant or material defined as such in (Dr for purposes
of) the Comprehensive Environmental Response, Compensation and Liability Act, any so-called
"Superfund" Dr "SuperIien" Law Or any other applicable Law Dr other requirement of any
Governmental Authority regulating. relating to, or imposing liability or standards of or for
conduct concerning, any hazardous, toxic Dr dangerous waste, substance, contaminant or
material, as now or at any time hereafter in effect.
(j) There are no leases, contracts, agreements, arrangements Dr contractual
obligations of any kind, including service or maintenance contracts, operating. utilities,
management or employment contracts or other similar agreements, but excluding the Easement
and the lease relating to the Billboard Parcel, that will or may affect Purchaser or the Property
subsequent to the Closing Date, including any management agreement or understanding
respecting the operation of the Property, except those contracts and agreements. copies of which
shall be provided to Purchaser pursuant to Section 3 hereof and which are listed on Exhibit "D"
attached hereto and made a part hereof.
(k) As of the Closing. there will be no parties in possession of any portion of
the Property as lessees. tenants at sufferance or otherwise.
(I) At the time of Closing there will be no outstanding written or oral
contracts made by Seller for any improvements to, in, on or about the Property which have not
been fully paid for and Seller shall cause to be discharged all mechanics' and materialmen's liens
arising from any labor or materials furnished to the Property prior to the time of Closing,
regardless of when any such claim is made.
(m) To the best of Seller's knowledge, (i) there is no plan, study or proposal by
any Governmental Authority or agency or any non-governmental person or entity which in any
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Purchase and Sale Agreement (Boynton Beach) 12-13-0 I.DOC (88476/223)
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way affects or would affect the Land, the Property or Purchaser's Anticipated Use thereof and
(ii) there is no existing, proposed or contemplated plan to widen, modify or realign any street or
highway adjoining the Property which would affect access thereto or any existing proposed or
contemplated eminent domain proceeding that would affect the Land in any way whatsoever.
(n) Seller is not, and at no time on or before the Closing will it be, in default
in respect of any of its obligations or liabilities pertaining to the Property, or any part thereof,
and on the Closing Date there will not be any state of facts or circumstances or condition or
event which, after notice or lapse of time or both, would constitute or result in any such default.
(0) Except for the results of the activities of Purchaser pursuant to this
Agreement, Seller has received, and will have received prior to the Closing Date, no notices from
any Governmental Authority, of zoning, building, environmental protection, clean air, pollution,
fire, health or other code or other violations in respect to the Property, or violations pertaining to
the use and occupancy of the Property, including, without limitation, discrimination on any
prohibited basis, that will not be promptly corrected at Seller's expense. Seller has complied, and
at all times prior to Closing shall comply with, all laws, ordinances, fire codes, rules and
regulations of every relevant Governmental Authority and any agency, body or subdivision
thereof bearing on the ownership, use, development or operation of the Property.
The representations and warranties of Seller herein shall be true and correct from and after the
Execution Date, except as noted otherwise, and continuing until the Closing Date, shall be a
condition to Purchaser's obligation to close under this Agreement and shall survive the Closing
for a period of six (6) months. The liability of Seller for a breach of such representations and
warranties shall not be affected by any investigation, verification or approval by any party hereto
or by anyone on behalf of any party hereto.
6.2 Seller's Covenants. Seller hereby covenants and agrees with Purchaser that from
the Execution Date until the Closing that:
(a) Seller will give Purchaser written notice of any notice or information
Seller receives, within not more than five (5) days after receipt, regarding litigation, zoning, uses,
permits, licenses or any other matters which would have a material impaet on the ability of
Purchaser to develop the Property for its Anticipated Use.
(b) Without the prior written consent of Purchaser, Seller will not (i) transfer,
lease or convey any portion of the Property, (ii) enter into, modify, amend, extend or cancel any
contract, encumbrance, lease or agreement with respect to all or any portion of the Property, (iii)
enter into any agreement, written or oral, that will be or purport to be binding on the Purchaser or
the Property subsequent to the Closing, or (iv) modify. amend. extend or cancel any agreement
with respect to all or any portion of the Property.
(c) Seller shall nol, without the prior written consent of Purchaser, disclose tomany person or party other than to its counsel, accountants, partners, members and employees any
of the terms of this Agreement.
(d) Seller shall not take or fail to take any action which will: (i) cause any
representation or warranty of Seller herein not to be, or prevent any such representation or
.~~ ~
Purchase and Sale Agreemcnl (Boynlon Beach)12-13-0I.DOC (88476/223)
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warranty from being, true and correct in all material respects at all times; (ii) cause the Property
not to be, or prevent the Property from being, in substantial compliance with the provisions of
this Agreement; Or (Hi) cause the Property not to be, or prevent the Property from being, in
substantial compliance with the requirements of the Title Commitment so that the Title Company
is prepared to issue to Purchaser the Title Policy with liability in the fi.tll amount of the Purchase
Price showing the Purchaser in title, subject only to the Permitted Exceptions.
(e) Except for the Zoning Approval or as may be otherwise requested by
Purchaser, Seller will not take, approve or consent to any action or omission that would change
the zoning, use, permits or licenses of or for the Property or that would otherwise adversely
affect the Property in any way.
(1) Seller shall fully cooperate with and assist Purchaser in Purchaser's
analysis and development of the Property for the AntiCipated Use, provided that Purchaser shall
provide to Seller copies of all filings made by Purchaser and copies of any written notices
received by Purchaser in cOMection with any such filings. Such cooperation and assistance shall
include, but not be limited to, the joinder with Purchaser, its successors or assigns, in the filing of
the Zoning Approval, subdivision or development plats or replats. plat dedications, development
submittals, and other approvals, consents or submittals to Governmental Authorities as may be
necessary to permit the development of the Property for the Anticipated Use, including, without
limitation, making any such filing in Seller's name if requested by Purchaser and allowing
Purchaser to use Seller's name for any such filing.
that:
6.3 Purchaser's Renresentations. Purchaser hereby represents and warrants to Seller
(a) Purchaser is a limited partnership. and the general partner of Purchaser is a
limited liability company, both duly organized and validly existing under the laws of the State of
Delaware; and,
(b) Purchaser has full power and authority to purchase the Property and to
perform all of its obligations as provided in this Agreement and the party executing this
Agreement on behalf of Purchaser has been duly authorized and empowered to bind Purchaser to
this Agreement.
ARTICLE 7
Termination and Remedies
7.1 Remedies.
(a) Purchaser's Default. If Purchaser defaults in the performance of its
obligations under this Agreement, Seller is not in default hereunder, and Purchaser fails to cure
such default within ten (10) days after written notice from Seller to Purchaser speCifying such
default, except for (i) a default in the making of any deposit ofEamest Money, for which five (5)
days' notice shall be required, or (il) a default in closing the transaction contemplated herein, for
which no notice shall be required, then, as Seller's sole and exclusive remedy, Seller shall be
entitled to terminate this Agreement and receive and retain the Earnest Money then held by the
~~~
Purchase 81)d Sale Agreement (Boynton Beach) 12-13-<1 l.DOC (88476/223)
17
Escrow Agent as liquidated damages. Seller waives all other rights or remedies in the event of
such a default by Purchaser. Seller covenants and agrees that the retention of the Earnest Money
shall be Seller's sole and exclusive remedy for any such default by Purchaser to close or
otherwise perform its obligations hereunder. Seller and Purchaser hereby acknowledge and agrce
that they have included provisions for payment of liquidated damages in this Agreement,
because, in thc event of a default by Purchaser, the actual damages incurred by Seller can
reasonably be expected to approximate the amount of damages called for herein, and because the
actual amount of such damages would be difficult ifnot impossible to accurately measure,
(b) Seller's Default. If Sellcr defaults in the performance of its obligations
under this Agreement, Purchaser is not in default hereunder, and Seller fails to cure such default
within ten (10) days after written notice from Purchaser to Seller specifying such default, except
for a default in closing the transaction contemplated herein, for which no notice shall be
required, or any breach of any of Seller's covenants, warranties and representations hereunder,
Purchaser may, as its sole and exclusive remedy, elect to either (a) terminate this Agreement and
receive a return of the Eamest Money, or (b) pursue specific performance of this Agreement.
7.2 Termination. If Seller or Purchaser elects to terminate this Agreement in
accordance with this Anicle 7, after the appropriate disbursement of the Eamest Money and/or
payment of liquidated damages, as applicable, none of the parties hereto shall have further
duties, liabilities or obligations to one another with respect to this Agreement other than
Surviving Duties.
ARTICLE 8
Condemnation or Eminent Domain
Upon the commencement of any condemnation or eminent domai'l proceedings with
respect to any part or all of the Land for any public or quasi-public purpose at any time prior to
the Closing Date which impairs Purchaser's ability to develop any of the Property in accordance
with the Anticipated Use, Seller shall give written notice thereof to Purchaser within five (5)
days after obtaining knowledge of any such action and Purchaser shall have the option, which
must be exercised within ten (10) days of notice from Seller:
(a) To receive a return of the Earnest Money, following which this Agreement
shall terminate and none of the parties hereto shall have any further duties, obligations or
liabilities hereunder to one another other than the Surviving Duties; or,
(b) To close the transaction contemplated by this Agreement, in which event
the Purchase Price shall not be abated, provided, however, that Seller shall assign any
condemnation or eminent domain award to Purchaser. Seller agrees not to enter into any
settlement of any condemnation proceedings or eminent domain award without the prior written
consent of Purchaser which shall not be unreasonably withheld.
This Article 8 shall survive the Closing.
ARTICLE 9
Escrow Allent's Duties
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Purchase and Sale Agreemenl (Boynton Beach)12-13-OI.DOC (88476/223)
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9.1 Escrow Al!ent's Duties. The duties of the Escrow Agent shall be as follows: (a) to
retain and safely keep all funds, documents and instnlments deposited with it; (b) to confum that
all conditions to the Closing specified in this Agreement have been met; (c) upon the Closing, to
deliver to the parties entitled thereto all funds, documents and instnlments to be delivered
through Closing; (d) upon the Closing, to cause the recordation of the Deed in the Office of the
County Recorder of the county in which the Property is located; (e) to comply with all applicable
federal, state and local reporting and withholding requirements relating to the close of this
transaction (the parties hereby agreeing that Escrow Agent, as the party responsible for closing
the Escrow, shall comply with the reporting requirements of Section 6045(e) of the Internal
Revenue Code and the permanent regulations (Section 1.6045-4) issued thereunder; and (f) to
comply with the terms of this Agreement and any additional instructions jointly executed by
purchaser and Seller. The Escrow Agent's rights and obligations shall be further specified by
such additional tenDs and provisions acceptable to Purchaser and Seller as said Escrow Agent
customarily requires in real property escrows administered by it; provided, however. in no event
shall such additional termS and provisions conflict with the terms of this Agreement.
9.2 Escrow Allent's Joinder in Al!reement. The Escrow Agent is joining in this
Agreement for the sole and limited purpose of ac1cnowledging, accepting and agreeing to
perform the Escrow Agent's duties as provided herein.
ARTICLE 10
Miscellaneous
10.1 Entire Al!Jeement. This Agreement embodies the entire agreement between the
parties and cannot be varied except by the written agreement of the parties. All prior
agreements, if any, between the parties relating to the Property are hereby terminated. No
representation, promise. inducement or statement of intention has been made by Seller or
Purchaser which is not embodied in this Agreement or in the attached Exhibits and neither
Purchaser nor Seller shall be bound by or liable for any alleged representation, promise,
inducement or statement of intention not so set forth. Except as may be specifically provided
herein, none of the representations, warranties or covenants herein provided shall survive the
Closing. .
10.2 Time of the Essence. Purchaser and Seller have agreed that time is of the essence
of this Agreement, in accordance with the following. In the event of any breach of this
Agreement by Seller or Purchaser, the provisions of Section 7 permit the termination of this
Agreement by a non-defaulting party after delivery of notice of default and the failure of thc
defaulting party to cure its default within the time period contemplated. Seller and Purchaser
agree that the time periods for cure of any defaults are made of the essence and, therefore, the
cure periods provided in Section 7 must be strictly adhered to. However, until any such cure
period has expired without cure by the defaulting party or parties, this Agreement will remain in
full force and effect.
10.3 Notices. Any notice required or permitted to be delivered in connection with this
Agreement must be in writing and may be given by certified or registered mail, by hand delivery,
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Purchase and Sale Agreement (Boynton Beach) 12-13-01.DOC (88476/223)
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by overnight courier or by facsimile transmission and shall be deemed to be received: (a) if
given by certified or registered mail, three (3) days after when deposited in the United States
mail, postage prepaid, certified mail, return receipt requested; or, (b) if given by hand delivery,
when such notice is received by the party to whom it is addressed, as evidenced by the courier's
receipt or notice of attempted delivery; or, (c) if given by an overnight courier or delivery
service, when deposiled with such courier; or, (d) if given by facsimile transmission, on the date
of such transmission, if receipt thereof is confirmed by telephone or facsimile machine rcport of
receipt on such day. Notices shall be sent to Seller or Purchaser at the address or facsimile
number set forth on Exhibit "E", attached hereto and incoIPorated herein for all purposes. Any
party shall have the right to change its address by giving five (5) days' prior written notice to the
other parties.
10.4 Gender: Numbers. Words of any gender used in this Agreement shall be held and
construed to include any other gender and words in the singular number shall be held to include
the plural and vice versa unless the context requires otherwise.
10.5 Headimrs. The captions used in connection with the articles and sections of this
Agreement are for convenience only and shall not be deemed 10 Construe or limit the meaning of
the language of this Agreement.
10.6 CllDitalized Terms. All capitalized terms shall have the meanings ascribed to such
terms in this Agreement.
10.7 Da,!s. Except where business days are expressly referred to, references in this
Agreement to days are to calendar days, not business days. Business day means any calendar
day except a Saturday, Sunday or banking holiday in the county in which the Property is located.
10.8 Holidavs. If the final date of any period provided for herein for the performance
of an obligation or for the taking of any action falls on a Saturday, Sunday or banking holiday,
then the time of such period shall be deemed extended to the next day which is not a Saturday,
Sunday or banking holiday in the county in which the Property is located.
10.9 Attorneys' Fees. If any legal action is brought in connection with this Agreement,
the prevailing party shall be entitled to collect its reasonable attorneys' fees and its court costs.
10.1 0 Interoretation. The parties acknowledge that each party and its counsel have
reviewed this Agreement and that the nonnal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the
inteIPretation of this Agreement or any amendments or exhibits hereto.
10.11 Severability. If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable and this
Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision
had never comprised a part of this Agreement and the remaining provisions of this Agreement
shall remain in full force and effect and not be affected by the illegal, invalid or unenforceable
provision or by its severance from this Agreement, provided that both parties may still
effectively realize the complete benefit of the transaction contemplated hereby.
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Purchase and Sale Agreement (Boynton Beach)l2-13-0 I.DOC (88476/223)
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10.12 Govemine Law. THIS AGREEMENT SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE
OF FLORIDA. Seller and Purchaser agree that any litigation instituted in connection with this
Agreement shall be in the District courts of the county in which the Property is located, or the
Federal District Court in whose district such county is located.
10.13 Amendments. No modification or amendment of this Agreement shall be
effective unless made in writing and executed by Seller and Purchaser. If any approval or
consent is required pursuant to any provision of this Agreement, such approval or consent shall
be deemed given only if it is in writing, executed by the party whose approval or consent is
required.
10.14 MultiDle Countemarts and Facsimile Sil!:natures. This Agreement and any
amendment or modification hereto may be executed in any number of identical counterparts each
of which shall be deemed to be an original and all of which, when taken together, shall constitute
one and the same instrument. A facsimile or similar transmission of a counterpart signed by a
party hereto shall be regarded as signed by such party for purposes hereof.
10.15 Successors and Assillns. This Agreement shall be binding upon, and shall inure
to the benefit of. the parties hereto and their respective heirs, legal representatives, successors
and pennitted assigns.
10.16 Assillnabilitv. Purchaser shall be pennitted to assign its rights and obligations to
any assignee which controls, is controlled by or is under common control with Purchaser, and
upon such assignment of rights and an assumption of obligations by Purchaser's assignee,
Purchaser shall be released from all of its obligations or liabilities under or with respect to this
Agreement and the subject matter hereof.
10.17 Waiver of Benefits. If any of the warranties, representations, covenants,
agreements or conditions precedent (individually and collectively. the "Requirements") required
herein are not true, correct, performed, satisfied or met, the party for whose benefit the
Requirements are intended may, at its sole election, waive any such Requirement or
Requirements, in writing, at any time and from time to time, in which event the Agreement shall
continue in full force and effect.
10.18 Confidentialitv. Other than with respect to required governmental disclosures,
neither Seller nor Purchaser shall, without the prior written consent of the other, disclose to any
person or party (except the parties hereto, their respective legal counsel, h:nders, accountants and
the Broker, the Escrow Agent and the Title Company) the existence or terms of this Agreement.
The tenns of this Section 10.18 shall survive the Closing or tennination of this Agreement.
10.19 Radon Gas. In compliance with ~404.056, Florida Statutes, Purchaser is hereby
made aware of the following: RADON GAS IS A NATURALLY OCCURRING
RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN
SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE
EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND
STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL
i,}~
Purchase and Sale Agreement (Boynton Beach) 12.13.0 I.DOC (88476/223)
2\
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INFORMATION REGARDING RADON AND RADON TESTING !viA Y BE OBTAINED
FROM YOUR COUNTY .PUBLIC HEALTH UNIT.
10.20 Section 1031 Exchanl!e. Seller may consummate the sale of the Property as part
of a so-called like-kind exchange (the "Exchange") pursuant to Section 1031 of the Internal
Revenue Code of 1986, as amended (the "Code") and Buyer shall reasonably cooperate with
Seller to effect any such Exehange, provided that (a) the Closing shall not be delayed or affec ted
by reason of the Exchange nor shall the consummation of the Exchange be a condition precedent
or a eondition subsequent to Seller's obligations under this Agreement and (b) Buyer shall not be
required to acquire or hold title to any real propeIty for purposes of consummating the Exchange,
Further. Buyer shall not, by this Agreement or by acquiescence to the Exchange, (i) have its
rights under this Agreement affected or diminished in any manner, (ii) be responsible for
eompliance with or be deemed to have warranted to Seller that any Exchange in fact complies
with Section 1031 of the Code or (iii) be required to incur any additional cost, liability or
expense in connection with the Exchange.
EXECUTED by Seller on this the 'If ~ay of December, 2001
SELLER:
STRlAL PARK.. L.C.
ability company
By:
Name:
Title:
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,
EXECUTED by Purchaser on this the ft day ofDece~ber, 200 I
PURCHASER:
JPI APARTMENT DEVELOPlV1ENT, L.P.,
a Delaware limited partnership
By:
Lifestyle Apartment Development Service LLC,
a Delaware limited liability fompany,
general P1ner ( I _:c
By vi~~~:..,
Schedule of Exhibits:
Exhibit "A" Land Description
E.xhibit "B" Surveyor's Certificate
Exhibit "C" Deed
rl~~
Purchase ane! Sale Agreement (Boynton Beach)LDOC (88476/223)
22
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Exhibit "D"
Exhibit "E"
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Service Contracts
Addresses for Notices
Purchase and Sale Agreement (Boynton Beach)12-13-0I.DOC (88476/223)
23
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RECEWT AND ACKNOWLEDGMENT BY BROKER
The undersigned Broker joins in the foregoing Agreement to evidence its
acknowledgment and agreement to the provisions of Section 5.6 of this Agreement, a copy of
which is attached hereto, and agrees that: (a) the brokerage fee or commission owed by
Purchaser to the Broker (the "Fee") will be paid as provided in Section 5.6 of this Agreement
only upon a successful closing of this transaction and the delivery and recordation of the Deed;
(b) the Broker will indemnify and hold Seller and Purchaser harmless from and claims made by
any person for any fees, commissions or like compensation arising from any dealings any such
person had with Broker arising in connection with the transaction contemplated in this
Agreement; (c) any subsequent amendment to this Agreement by Seller and Purchaser which
expressly modifies the Purchase Price shall automatically modify the Fee accordingly without
the further consent of the Broker being required; and, (d) the Fee shall fully compensate thc
Broker for its services in connection with the purchase and sale of the Property hereunder and the
undersigned is entitled to no further compensation or fees in connection with such sale. Should,
for any reason, this transaction not successfully close in accordance with the terms of this
Agreement, no fee or commission of any nature shall be due to the undersigned. Moreover, the
undersigned have no knowledge of any other person who has or may have any claim for a
broker's, finder's or other fee relative to the Property or this Agreement
ACKNOWLEDGED and AGREED TO by the Broker on this the _ day of December,
2001
J. W. HARRIS & COMPANY
By:
Print Name:
Print Title:
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Purchase and Sale A~ment (Boynton Beach) 12.13.0 I.DOC (88476/223)
24
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RECEIPT AND ACKNOWLEDGMENT BY
ESCROW AGENT
The undersigned Escrow Agent, named in the foregoing Agreement, hereby
acknowledges receipt of a fully executed copy of this Agreement as of the date set forth below.
In addition, the Escrow Agent agrees to receive the Initial Deposit and all other deposits of
Earnest Money hereunder, to hold and disburse the Eamest Money and to perform all other
duties of the Escrow Agent in accordance with the terms of the Agreement, including, without
limitation. Article 9 thereof. While the Escrow Agent holds in escrow any Eamest Money in the
form of cash, it agrees to invest it in interest-bearing accounts as provided in the Agreement.
RECEIVED, ACKNOWLEDGED and AGREED TO by the Escrow Agent on this the g.fl~
day of December. 2001, which date shall be the Effective Date oftbis Agreement
CHICAGO TITLE INSU'1RAN COMPANY
c::;;;::., _,
By: '(j/i:g.,,;.Ji:'- / ~%
Name 'II~ {)odS
Title:. &r~..w ))irlJUlff"'J 1~'I'!r'C'1
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Purc:hase and Sale Agreement (Boynton Beach) 1 (12- 14-0 I).DOC (88476/223)
25
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EXHIBIT "A"
AGREEMENT FOR
PURCHASE AND SALE OF UNIMPROVED LAND
Land DescriDtion
That ccrtain real property located in the City of Boynton Beach, County of Palm Beach, State of
Florida, and legally described as follows:
{mllst insert legal description}
Purchase and Sale Agreement (Boynton Beach)12-13-01.DOC (884761001)
EXHIBIT "A"
EXlUBIT "B"
AGREEMENT FOR
fURCHASE AND SALE OF UNIMPROVED LAND
Surveyor's Certificate
This Certification is made to JPI APARTMENT DEVELOPMENT, L.P., a Delaware limited
partnership, JEFFERSON AT, a Delaware limited partnership and their
affiliates, [proposed lender). ALLEGIANCE TITLE
COMPANY (or [title agent) and to
TITLE INSURANCE COMPANY for use with OF No.
and only for use with this transaction.
I hereby certify that the Survey Job No. . entitled " "
was actually made upon the ground [NOTE: if unable to make that statement, please say. . ." was
prepared from an on-the-ground survey made under my supervision"] and that it and the
infonnation, courses and distances shown thereon are correct [NOTE: if needed, include "as
determined by said survey"]; that the title lines and lines of actual possession arc the same except
as noted; that the size. location and type of buildings and improvements are as shown and all are
within the boundary lines and applicable setback lines of the property; the undersigned is not
aware of any violations of zoning ordinances, restrictions or other rules and regulations with
reference to the location of said buildings and improvements; that there are not any easements or
uses affecting this property appearing from a careful physical inspection of the same, other than
those shown and depicted thereon; that there are no encroachments affecting this property other
than as shown; that potable and waste water, electric, gas and telephone utilities are located on
the tract and appear operational; that to the extent known by the undersigned, any utility
transformers labeled as containing PCB's are specifically noted; that any discharge into streams,
rivers or other conveyance system is shown on the survey; that the parcel(s) described hereon do
not lie within flood hazard areas in accordance with any maps entitled: "Flood Insurance Rate
Map," "Flood Hazard Floodway Boundary Map," "Flood Hazard Boundary Map," or "Flood
Boundary and Floodway Map" published by the Federal Emergency Management Agency or a
Flood Hazard Boundary Map published by the U.S. Department of Housing and Urban
Development; and that the property has direct access to , a public road
maintained by
This survey is made in accordance with the "Minimum Standard Detail Requirements for Land
Title Surveys" jointly established and adopted by American Land Title Association and
American Congress on Surveying and Mapping.
DATE:
,20_.
Print Name:
Registered Professional Surveyor
Purc:h... and Sal. Agreement (Boynton Beach) 12-13-0 I.DOC (88476/001)
EXHIBIT "B"
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Survey Reauirements
The survey should include a clear legend explaining any abbreviations used by the
surveyor.
I. Each survey must be complete on one sheet.
2. The survey must be certified using the attached certification. Each survey must have the
surveyor's origiIw signature and have the surveyor's seal affixed. The survey must
reflect a current date no more than 30 days before being submitted. Older surveys arc
acceptable if updated and recertified and if they otherwise meet the requirements set forth
herein. The survey must show the north arrow, preferably in the upper right quadrant of
the survey.
3. The full legal (metes and bounds) description and street address of the property must be
shown. The legal description must be identical to that shown on the title report or any
discrepancies must be explained. If the premises are described as being on a filed or
recorded plat or map. the survey should contain a legend relating the parcel to the plat or
map on which it is shown and the surveyor should certify that any land which has been
platted or mapped is the same as that described on the survey. Any parcel(s) subject to a
ground lease must be specifically shown and identified as the ground lease parcel(s).
4. All perimeter property lines must be specifically identified. Show the location by courses
and distances of: (a) the parcel to be covered by the title insurance policy; (b) the relation
of the point of beginning to the monument from which it is fixed; (c) the established
building line(s) and set-back lines, if any; and Cd) the line of the rights-of-way abutting
the parcel and the width of said rights-of-way (with arrows indicating the width by
touching both sides of the rights-of-way).
5. All exceptions on the title report must be plotted (or identified on the face of the survey
as not plottable) and, if any exceptions (except liens) arc not plottable, the survey must
indicate the reason(s) that each is not plottable.
6. All easements affecting the property (including easements on or over other parcel(s)
which benefit the subject property) must be identified by recording information. if any,
and listed by book and page or by document number of the instnnnent creating the
easement If an easement has been created by or is shown on a recorded plat or map. the
surveyor should certify that such easement(s) is the same as that shown 011 the plat or
map.
7. The "foot print" of all structures must be shown and the number of square feel or acres
contained in the parcels must be specifically identified.
8. All streets adjacent to the property, right of way lines, and the distance from the nearest
intersecting streets must be specifically shown and identified. The survey must disclose
Purchase and Sale Agreement (Boynton Beach) 12-13-01.DOC (88476/00 I)
EXHIBIT "B"
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that access to the adjacent streets exists and confinn that all streets are pUblic streets
(preferably with the recording infonnation of the dedication).
9. All structures and improvements, including sidewalks, stoops, overhangs, and parking
and paved areas, must be shown. Identify (a) the total number of vehicles that may be
parked on the property, (P) the number of vehicles that may be parked in each parking
area, and (c) all handicapped parking spaces. Show all structures and improvements on
said parcel with horizontal lengths of all sides and the relation thereof by distances to:
(a) all boundary lines of the parcel; (b) easements on or over the subject property;
(c) established building and set-back lines; (d) street lines; and (e) adjacent buildings. All
curb cuts. driveways and fences, and if requested by counsel, the location of major trees
and shrubbery to be protected must be shown.
10. Identify all utility lines (sewer, water, gas, electric and telephone) as they service the
property and improvements. Indicate whether each utility line is above or below grade.
II. Identify any utility transfonners located on or about the premises and specifically make
reference to those transfonners which are labeled as containing PCB's.
12. Encroachments of buildings and of structural appurtenances, sueh as loading docks,
awnings, canopies, porches, fire escapes, and bay windows, by or on adjoining property,
over easements, onto or from abutting streets or alleys, whether surface or subsurface,
must be indicated on the survey with the extent of such encroachments clearly defined
(indicating the extent of the encroachment with measurements). Any known variance
granted by governmental authority for such encroachments should be listed and
explained.
13. State whether or not the property appears on any U. S. Department of Housing and Urban
Development ("HUO") Flood HUMd Boundary Map, or a special flood hazard area map
published by the Federal Emergency Management Agency ("FEMA"). If the property
appears on a HUD Flood Hazard Boundary Map, state the map number and whether or
not the property appears in the "Flood HUMd Area" shown on the map. If the property
appears on FEMA special flood hazard area map, state whether or not the property lies
within a flood hazard area and, if so, further state the flood zone, the applicable map
("FIRM", "fHFBM", "FBFM") and the community panel number.
14. Show the location and direction of flow for existing streams, rivers or any surface
drainage system.
15. Show the location of any underground tanks and all railroad tracks. spur tracks and
sidings, or state that to the best of your knowledge. none exist.
16. Show the location of rubbish fills, sloughs, springs, filled-in wells or cisterns and seep
holes should be charted wherever possible, or state to the best of your knowledge, nonc
exist.
PIIrc:hase and Sale Aereement (Boynton Beach) 12-13-0 I. DOC (88476/00 I)
EXHIBIT "B"
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17. Show topographic contour lines at not more than two (2) foot elevation change intervals.
18. Show all trees having a caliper diameter of eight inches (8") or more at a height of 36
inches above the ground.
Purchase and Sale Agreement (Boynton Beach) I 2-1 3-0 I.DOC (88476/001)
EXHIBIT "8"
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EXHIBIT "C"
AGREEMENT FOR
PURCHASEANDSALEOFUN~PROVEDLAND
Special Warranty Deed
nus INDENTURE is made on the _ day of , 2002, from
Congress Industrial Park L.C., a Florida limited liability company ("Grantor"), to Jefferson at
, L.P., a Delaware limited partnership ("Grantee").
WITNESSETH:
That Grantor, for and in consideration of the sum OfTEN AND No/I 00 DOLLARS ($10.00)
and other good and valuable consideration. in band paid at and before the scaling and delivery of
these presents, the receipt and sufficiency of which are hereby acknowledged, has granted,
bargained, sold, alienated, conveyed and continued and by these presents does grant, bargain,
sell, alienate, convey and confinn unto Grantee, and its successors and assigns, all that tract or
parcel of land described on Exhibit "A" attached hereto and made a part hereof together with all
and singular the rights and appurtenances belonging or in any wise appertaining thereto (the
"Property").
This Deed and the warranty of title contained herein are made, and the Property is
conveyed, subject only to the items set forth on Exhibit "B" attached hereto and made a part
hereof (the "Permitted Exceptions''), and only to the extent that such Permitted Exceptions are
valid, subsistent and. in fact, affect the Property.
TO HAVE AND TO HOLD. subject as aforesaid, the Property, unto Grantee and
Grantee's heirs, executors, administrators, successors, legal representatives and assigns forever,
and Grantor does hereby bind Grantor and Grantor's heirs, executors administrators, successors,
legal representatives and assigns to WARRANT AND FOREVER DEFEND a1l and singular, the
Property unto Grantee and Grantee's heirs, executors, administrators, successors, legal
representatives and assigns, against the lawful claims of all persons whomsoever, by, through or
undcr Grantor, but not othcrwisc.
The words "Grantor" and "Grantee" include all genders, plural and singular, and their
respective successors and assigns where the context requires or permits.
.
.\\, ,.A.
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Purchase and Sale Agreemenl (Boynlon Beach) 12.13.0 l.DOC (88476/001)
EXHIBIT ~C" - I
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IN WITNESS WHEREOF, Grantor has signed. sealed and delivered this Deed on the day
and year first above written.
GRANTOR:
WITNESSES (2)
CONGRESS INDUSTRIAL PARK, L.C.
a Florida limited liability company
(I)
Name:
(2)
Name:
By:
Name:
Title:
[Add Appropriate Acknowledgments]
Notary Public
My Commission Expires:
[Nolarial Seal]
,
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Purcllase and Sale Agreement (Boynton Beach}12-13-01.DOC (88476/001)
EXHIBIT "C" . 2
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EXHIBIT "A" TO DEED
LEGAL DESCRIPTION
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Purchase and Sale Agreement (Boynton Beach) 12.13.0 l.DOC (88476/00 I)
Exhibit "A" to Deed
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EXHIBIT "B" TO DEED
PERMITTED EXCEPTIONS
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Purchase ""d Sale Agreement (Boynton Beach)12-1 3.0 I.00C (88476/001)
Exllibil ~B" to Deed
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EXHIBIT "D"
AGREEMENT FOR
PURCHASE AND SALE OF UNIMPROVED LAND
ServiceContra.i:ts
[List any Contracts, or N/ A]
Purchase and Sale Agroemenl (Boynlon Beach) 12-13-0 1.00c (88476/00 I)
EXHIBIT "D"
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EXIDBIT "E"
AGREEMENT FOR
PURCHASE AND SALE OF UNIMPROVED LAND
Addresses for Notices
I. Notices to Seller shall be sent to:
(a) Congress Industrial Park, L.C.
(Attention: Sean Leder)
6530 West Rogers Circfe, Suite 31
Boca Raton, Florida 334~7
Tele~h9ne number: g" ~\f.:..1~~g t'Jj(~.1
FacSImile number: _" _~_I
with a copy to
Geoffrey S. Mombach, Esq.
Mombach Boyle &. Hardin, PA
Broward Financial Center, Suite 1950
500 East Broward Boulevard
Fort Lauderdale, Florida 33394-3004
Tele~hone number: (954) 467.2200
FacSImile number: (954) 467-2210
2. Notices to Purchaser shall be sent to:
(b)
(a)
IPI Apartment Development, L.P.
(Attention: Pretlow Riddick)
600 East Las Colinas Boulevard, Suite 1800
Irving, Texas 75039
Tele~hone number: (972) 556-1700
FaCSImile number: (972) 556-3827
(b)
with copies to:
and
(
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IPI Apartment Develollment, L.P.
(Attention: Robert M. Hall)
925 South Federal Highway, Suite 350
Boca Raton, Florida 33432
Telephone number: (561) 417.5665
FacsImile number: (561) 417-8635
McManemin &. Smith, P.C.
(Attention: Walter H. Allen)
600 North Pearl Street, Suite 1600
Dallas. Texas 75201
Tele~hone number: (214) 953-1321
FacslInile number: (214) 953-0695
Purchase and Sale Agreement {Boynton Beach)12-13-0I.DOC (88476/00l)
EXHIBIT "E"
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SIMMONS If WHITE, INC.
Engineers . Planners . Consultants
April I, 2002
Job No. 01-100
LAND USE PLAN AMENDMENT APPLICATION
STATEMENT OF LEGAL POSITIVE OUTFALL
Jefferson Apartment Complex
City of Boynton Beach, Florida
SITE DATA
The subject parcel is located on the northeast quadrant of the intersection of Congress
Avenue and the Lake Worth Drainage District L-30 Canal (approximately 4500 feet north
of Lake Ida Road, just south of Neptune Drive) and contains approximately 32.16 acres. The
property is currently designated as IND (Industrial) on the Palm Beach County
Comprehensive Plan. The property owner is requesting a change in the parcel's designation
to HDR (High Density Residential) with a proposed density of 10.8 dwelling units per acre.
SITE DRAINAGE
This site is located within the boundaries of the Lake Worth Drainage District and South
Florida Water Management District C-15 Drainage Basin. Legal positive outfall is available
to the site via discharge into the Lake Worth Drainage District L-30 Canal located adjacent
to the parcel's south property line. Drainage design is to address the following:
I. On-site retention of the runoff from the 3 year, I hour rainfall event.
2. No runoff to leave the site except through an approved control structure up to
the level produced by the 25 year, 3 day rainfall event.
3. Building floor elevations to be at or above the level produced by the 100 year,
3 day rainfall event.
4. Parking lots to be protected from flooding during a 3 year, 24 hour event, or the 5
year, 24 hour event if exfiltration trench is used.
5. Allowable discharge to be in accordance with Lake Worth Drainage District
and South Florida Water Management District criteria.
5601 Corporate Way, Suite 200, West Palm Beach, Florida 33407
Telephone (561) 478-7848 . Fax (561) 478-3738
www.simmonsandwhite.com
Certificate of Authorization Number 3452
Statement of Leg a! Positive Outfall
April I, 2002-Page 2
SITE DRAINAGE (CONTINUED)
6. Due consideration to water quality.
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2
. .:hMMONS . WHITE, tAl.
Engineers . Planners . Consultants
January 9,2002
Palm Beach County Engineering
Traffic Division
160 Australian Avenue
West Palm Beach, Florida 33406
Attention: Mr. Masoud Atefi
Reference: Jefferson Apartment Complex
City of Boynton Beach, Florida
Dear Mr. Atefi:
Enclosed for your review and approval are two (2) copies of the Traffic Impact Statement
for the above referenced project.
Please review the enclosed and call with any questions. Weare requesting II letter from your
Department to Ms. Lusia Galav of The City ofBoyntOD Beach following your review and
approval.
Thank. you for your help with this matter.
Sincerely,
SIMMONS & WHITE, INC.
~
Robert F. Rennebaum, P.E.
RRlkg
01-100
atefi-O 11 00
Enclosures
cc: Nick Husak
Chris Kerr
5601 Corporate Way. Suite 200, West Pall!' Beach, Floriaa 33407
Telephone (561) 478-7648 . Fax (561) 478-37S8
www.simmonsandwhite.com
Certificate of Avthorir!ton NJmber 3452
'. u ", ,2 :'2 1'. J 3AII
<:~DAV & A.30~:ATE~
NO, 22'
^
,;:
SIMMONS & WHITE, INC.
Engineers . Planners . Consultants
January 8, 2002
Job No. 01-100
TRAFFIC IMP ACT STATEMENT
Jefferson Apartment Complex
City of Boynton Beach, Florida
SITE DATA
The subject parcel is located in the northeast quadrant of the intersection of Congress
A venue and the Lake Worth Drainage District L-30 Canal (approximately 4500 feet north
of Lake Ida Road, just south of Neptune Drive) and contains approximately 31 acres,
Proposed site development on the currently unimproved parcel consists of 340 apartment
units with a project build-out of 2003. Site access is proposed via a single driveway
connection to Congress Avenue.
Pu'RPQSE OF STIJDY
This study will analyze the proposed development's impact on the sun:oundingthoroughfares
within the project's radius of development influence in accordance with the Palm Beach
County Land Development Code Article 15, Traffic Performance Standards,
The Traffic Perfonnance Standards require that a proposed development meet two "tests"
with regard to traffic. Test 1, or the LinkJBuild-out Test, requires that no site specific
development order be issued which would, during the build-out period of the project, add
project traffic at any point on any major thoroughfare link \\ithin the project's radius of
development influence if the total traffic on that link would result in an average annual daily
traffic or peak hour traffic volume that exceeds the adopted threshold level of service during
the build-out period of the project.
Test 2, or the Model Test, requires that no site specific development order be issued which
would add project traffic to any link within the project's model radius of development
influence if the total modellraffic on that link would result in an average annual daily traffic
volume, as determined by the model, that exceeds the adopted level of service. For the
pllIJ'oses of this analysis, the construction contemplated in the Modified 20 10 Plan shall be
used.
This study will verify that the proposed ~velopment's traffic impact will meet the above
Performance Standards.
5601 COlpOrate Way, SUite 200. West Palm Beac~, Florida 33407
Telephone (561) 478-7846 . Fax (561) 476'3738
www.simmo~sandwhjte.com
Certdicate of AuthQI/zenon Number 3452
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Traffic Impact Statement
Job No. 01-100
January 8, 2002-Page Two
TRAFFIC GENERATION
The traffic to be generated by the proposed facility may be calculated in accordance with the
traffic generation rates provided in Table 10.8-1 Pair Share Road Impact Pee Schedule of
Article 10:
MUL TI-FMfiL Y (340 D.D.s)
340 D.U.s x 1m4 = 2380 tpd
D.U.
RADIUS OF DEVELOPMENT INFLUENCE
Based on Table 2A and 2B of the Palm Beach County Traffic Performance Standards, for
a net trip generation of 23 80 trips, the radius of development influence shall be two miles
for Test 1 and one mile for Test 2.
EXISTING TRAFFIC
Existing average annual daily traffic volumes for the links within the project's radius of
development influence were available from the Metropolitan Planning Organization of Palm
Beach County 2000/2001 Annual Traffic Volume Map.
Background traffic, consisting of historical growth allowances fumished by Palm Beach
County, major project traffic, and anticipated development in the area was also considered.
The following Table calculates the 3-year historical growth rate for each of the applicable
count stations within the project's radius of development influence:
JUN, 3 2002 1 i : 34A~
'. 111,\, & ,\ ('-':1(': I'Tt-'
{, 1'_ ~i M t" . ~ I)\' . ... ,)
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Traffic Impact Statement
Job No. 01-100
January 8. 2002-Page Three
EXIS1Th'G !RAFFlC (CONTINURD)
TABLE I
HISTORICAL GROWTH RATE CALCULATION
~
1997/1998
2000/2001
%
A.CONGRESSAVE~lffi
1. North of Atlantic
2. North of Lake Ida
3. South of23,d Avenue
4. North of23rd Avenue
5. North of Woolbright
29,210
24,891
32,706
31,489
30,898
34,669
27,914
32,050
32,673
33,687
5.88%
3.89%
-0.67o/o(Use 1.0%)
1.24%
2,92%
The project is expe<:ted to be built-out in 2003 and background traffic was projected to that
time. Please refer to Figure 1.
TRAFFIC ASSIGNMENTJDISTRIBUTION
The proj ect distribution was based upon the existing and proposed geometry of the roadway
network, a review of the existing and historical travel patterns, as well as a review of the
proposed development and improvements in the area.
The distributed traffic for the project at full build-out of the development was assigned to
the links within the project's radius of development influence and can be seen in Figure 1.
The 2000/2001 average daily traffic volumes, the proposed project traffic, background
traffic, and the total traffic are also shown in Figure 1. Historical growth rates, as referenced
above, were taken from the most recent ayailable year and three years in the past for each
designated link.
Based on the projected total daily traffic volumes and threshold volumes for the links within
the project's radius of development influence as shown in Figure I, this project IDeets the
applicable Average Daily Traffic Volume Link Performance Standards listed under "Test
One" of the Palm Beach County Traffic Performance Standards on all links Witllin the
project's radius of development influence.
I \ ? 2:: G 2
. i : 35AM
KI,JAV & ~E~n~'AT~'
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~.
Traffic Impact Statement
Job No. 01-100
January 8, 2002-Page Four
PEAK HOUR TRAFFIC VOLUMES
The net external PM. peak hour traffic volumes to be generated by the proposed use may be
calculated as follows in accordance with the rates provided in the ITE Trip Generation
Manual, 6th Edition:
PERIOD
PEAK HOUR RATE
NET PEAK HOUR TRIPS
MUL TI-F AMIL Y UNITS (340 M.F.DU.)
P.M.
0.54 (X) + 18.i43
202
The existing average peak hour traffic has been determined by factoring the 20001200 I
average annual daily 1raffic by a "K" factor of 9.3% and can be seen in Figure 2. The
project's net external P.M. peak hour traffic volumes, the peak hour background traffic, and
the total peak hour traffic volumes are also shown in Figure 2.
Based on the Level of Service "0" Average Peak Hour TI1reshold Volumes shown in Table
IA of the Palm Beach County Traffic Perfonnance Standards and the total peak hour
volumes shown in Figure 2, this project meets the applicable Peak Hour Traffic Volume Link
Performance Standards listed under "Test One" of the Palm Beach County Traffic
Performance Standards on all links within the project's radius of development influence.
SITE RELATED IMPROVEMENTS
The A.M. and P.M. peak hour turning movement volumes and directional distributions at the
project entrance lIlay be calculated as follows:
, , ^'" 2 . 1 '-A'"
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Traffic Impact Statement
Job No. 01-100
January 8, 2002-Page Five
SITE RELATED IMPROVEMENTS (CONTINUED)
PERIOD
PEAK HOUR RATE
DIRECTIONAL
DISTRIBUTION
(% IN / OUT)
DIRECTIONAL
DISTRIBUTION
(TRIPS IN lOUT)
MULTI-FAMILY UNITS (340 M.F.D.D.)
A.M.
PM.
0.497 (X) + 3.238
0.541 (X) + 18.743
16%! 84%
67% ! 33%
28/144
136/67
Site access is proposed via a full access driveway connection to Congress Avenue aligning
with an existing median opening and left turn lane, Based on the turning movement
worksheet attached with this report and the Palm Beach County engineering guideline used
in determining the need for turn lanes of75 right turns and 30 left turns in the peak hour, no
additional turn lanes appear warranted.
MODEL TEST
Modified Table 5, Project Network Deficiencies for the future network, does not presently
indicate that the applicable links within the project's radius of development influence will be
over capacity. Therefore, this project meets the Model Test.
CONCLUSION
This proposed development is expected to generate a total of 23 80 trips per day at project
build-out in 2003. Based on an analysis of existing and project traffic characteristics and
distribution, as well as the existing and future roadway network geometry and traffic
volumes, this overall project meets the LinklBuildout Test and the Model Test as-required
by the Palm Beach County Traffic Performance Standards.
_'~"_~A~'
sa;
tis.OIIOO
bert F. Rennebaum, P .E;.
i~N, 3.2002 11. 36AM
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SIMMONS & WHITE, INC.
ENGINEERS * PLANNERS * CONSULTANTS
33.687
2.513
714
36.914
WOOLBRIGHT ROAD 167 48.900
23rd AVENUE
95
32.672
1.022
~
34.860
48,900
32,050
807
1.380
34.237
48.900
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190
IFGFNO
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5,323 HISTORICAL GROWTH
714 PROJECT TRAFFIC
40,706 TOTAL TRAFFIC
48,900 LO.S. STAMJARD
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2. 794
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31.708
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34,669
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01-100
5601 CORPORATE WAY, SUITE 200, WEST PALM BEACH, FlORIDA :J3407
TELEPHONE (561) 478-7848
238
119
(167)
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SIMMONS & WHITE, INC.
ENGINEERS · PlANNERS ' CONSULTANTS
3,133
234-
61
3,428
WOOLBRIGHT ROAD 4,550
~
3.036
95
99
3.232
4,550
23rd AVENUE
2.981
75
117
3,173
4,550
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85
2,941
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3.224 PEAK HOUR 'IRAFFlC
495 HISTORICAL GROWll-I
---11 PfAK HOUR PROJECT TRAmC
3,760 PEAK HOUR TOTAl TRAFFIC
4~ PfAK HOUR STANDARD
FIGURE Z
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01-08-02 01-100 K.D.
5601 CORPORATE WAY, SUITE 200. WEST PAlM BEACH. FLORIDA 33407
TElEPHONE (561) 478-7M8
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PROJECT DISTRIBUTION
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01-08-02 01-100 K.D.
5501 CORPORATE WAY, SUITE 200, WEST PALM BtACH, flORIDA 33407
TElEPHONE (561) 478-784S
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01-06-02 01-100 K.D.
5601 CORPORATE WAY, SUITE 200. WEST PAUl BEACH. FLORIDA 33407
TElEPHONE (561) 478-7848
Y.\AUTOCAD]ILES\2001\OI-100\OIIOOWl.dwg. 01/08/2002 0309;25 ?M
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Kilday & Associates
Landscape Architects / Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 . Fax (561) 689-2592
E-Mail: info@kildayinc.com
MEMORANDUM
FM:
Dick Hudson
Senior Plannea
Chris Kerr , ,
Kilday & Ass i , Inc.
TO:
DT:
April!?,2002
RE:
South Congress Residential Land UselRezoning
Ourfile# 1383.2
As we discussed regarding the land use amendment application for the 32 acre property,
attached is a check for $1,000.00 to process a simultaneous rezoning of the property to
R-3. Also as requested, Item II.C (8) regarding population projections, of the application
is addressed as follows:
[l.C(8) For proposed residential developments larger than one (l) acre, a comparison
of the projected population under the proposed zoning or development with the
projected population under the existing zoning. Population projections
according to age groups for the proposed development shall be required where
more than fifty (50) dwellings. or 50 sleeping rooms in the case of group
housing, would be allowed under the proposed zoning.
Since the maximum development potential on the site under the proposed zoning is 10.8
units per acre, then the proposed land use change and rezoning on the property will yield
345 units. The City standard for estimating the number of persons per dwelling unit is
2.4 persons per unit. Therefore, the projected population under the proposed zoning will
be 828 persons. The developer is proposing a rental apartment community. Since there
are no City-imposed age restrictions for rental communities and because there will be no
age restrictions on the apartment renter's, it should be assumed that the population of this
development will include all age groups.
Please call me with any questions or comments.
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Kilday & Associates
Landscape Architects / Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522' Fax (581) 689-2592
E-Mail: info@kildayinc.com
MEMORANDUM
TO: Dick Hudson
Senior Planner ~
FM: Chris Kerr
Kilday & Associates, I .
DT: April 17, 2002
RE: South Congress Residential Land UselRezoning
Ourfile# 1383.2
As we discussed regarding the land use amendment application for the 32 acre property,
attached is a check for $1,000.00 to process a simultaneous rezoning of the property to
R-3. Also as requested, Item II.C (8) regarding population projections, of the application
is addressed as follows:
11.C.(8) For proposed residential developments larger than one (1) acre, a comparison
of the projected population under the proposed zoning or development with the
projected population under the existing zoning. Population projections
according to age groups for the proposed development shall be required where
more than fifty (50) dwellings, or 50 sleeping rooms in the case of group
housing, would be allowed under the proposed zoning.
Since the maximum development potential on the site under the proposed zoning is 10.8
units per acre, then the proposed land use change and rezoning on the property will yield
345 units. The City standard for estimating the number of persons per dwelling unit is
2.4 persons per unit. Therefore, the projected population under the proposed zoning will
be 828 persons. The developer is proposing a rental apartment community. Since there
are no City-imposed age restrictions for rental communities and because there will be no
age restrictions on the apartment renter's, it should be assumed that the population of this
development will include all age groups.
Please call me with any questions or comments.
/:113': i; ,.7"
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