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APPLICATION :lOp.O:!NI DNDD~.L .L::>tlfO"Md rOOZ\IL'llU:l::> UA\o.L uOluA08\ll:llU:l::> UA\o.L UOluA08-:l'1lllIl!A uOluA08\S.L::>tlfO"Md\dM\Otl"MVHS\'1lU!UUllld\:S : S.IN'JU\1WO:> S0/91/8 :~NI.I:I:IW NOISSIWWO:> A.II:> mIVOHA:>N:I~V .IN:IWdO'1:i1A:IG:iIlI A.IINnWWO:> :~ NI.I :I:IW SO/9U L mIVOH .IN:IWdO'1:i1A:IG?g ~NINNV'1d :(SNV'1d :I.IIS) G:I.ISOd SN~IS .IN:IWdO'1:IA:IG GNV'1 SOil U9 :~NI.I:I:IW :>lI.I SO/91/ L tl/uO JUl1:JUddV ::I:>I.ION :>1'1Hnd SOlEUS :.:InG S.IN:IWWO:> M:IIA:iIlI ~s I SO/S/S '1V.I.IIWHnS:iIlI I '1V.I.IIWHnS :Sill~P oUHililW PillJil!O.ld/l~n!wqns JO ill~G 880f7-f76L-ZLL :3:NOHd 6896-Z9S-ZLL - :3:NOHd :xv .!I :xv .!I 096ZE '1.!1 'qJ~ilH O.lil A SZPEE '1.!1 'qJ~ilH UOlUAOH lilil.llS lS IZ 109:SS:iIlIGGV 'PAIH SlilJIJ!N 06Z6 :SS:iIlIGGV 'Sill~POSSV 'JUI 'silsf.ld.lillU:I n~DI U~ 1# d!qs.lilul.l~d ?g u.lOH-AilIWDI - ':I'd 'qdl~lI sf.lq:> PilllW!'1 AnW~.!I n~DI ilq.I :lI:INMO : NOSlI:Id .I:>V .INO:>I .IN:I~V I :NOIJ.V3rlddV.{03:dAJ.11 fOO-SO dSA\N :'ON 3:1]'{ I I 0600-000-00-0Z-St-ft-80 ~ 0890-000- IO-OZ-St-ft-80 : N3d anuaAV ssa.l8uo3 ~ PlI UOJUAog PIOJo .IauJo3 3:N :NOIJ.V30'l ( G3:SIA3:lI) JaJua3 UM.O.T ".'C)lUAOg :3:WVN J.33:fOlId , .. ~ ... ""I ~=n KimlE:rrlorn and Associates, Inc. Transmittal Date: May 4, 2005 Suite 400 601 21st Street, Suite 400 Vero Beach. FL 32960 TEL 772 562-7981 FAX 772 562-9689 Job Number: 47148007.2700 Project Name: Boynton Village-C-3 To: City of Boynton Beach Department of Development Planning and Zoning Division - Attn: Sherie Coale 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 561/742-6260 -~ We are sending these by o U.S. Mail o Other: We are sending you o FedEx IZI Hand Deliver IZI Attached o Shop Drawings o Other: o Under separate cover via the following items: ~ PrintslPlans o Samples o Specifications 0 Change Orders No. Description Copies Date 12 12 12 12 12 5 12 12 2 3 4 5 6 7 8 Roadwa Roadwa Site Develo ment Plan Civil En Landsca e Plan LA-l - LA-7 Architectural Plan Sheets Architectural Elevations Photometric plan Comment response letter ........----.-- IZI For your use These are transmitted as checked below: o As requested o Approved as submitted 0 Resubmit 0 Copies for approval o Approved as noted 0 Submit 0 Copies for distribution o For review and comment 0 Returned for corrections 0 Return 0 Corrected prints Remarks: Sherie, enclosed is the resubmittal package referencing comments by the City for the Boynton Town Center Project (C-3) at the northeast corner of Old Boynton Road and Congress Ave. Please give me a call with any questions or concerns at 561-840-0819. Thank you. Copy to: Richard Foreman w/encl Signed Jim Comparato w/encl Russell Morrison, P.E. H:\047148007~Boynton ViIlage\Trans\5-4-05 City of BB resubmittal for site plan (C -3).dol.: City Codes Accessed Via Website www.bovnton-beach.ofll www.amlellal.com/bovnton beach fl CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLlCA nON FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISnNG SITE PLAN Has applicant attended a pre-appllcatlon meeting? Vp.~ Date ~pptp.mhp.r 10, 2004 This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans including a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED. Please print legibly (in ink) or type all information. I. GENERAL INFORMATION 1. Project Name : Boynton Town Center I 2. Property Owner's (or Trustee's) Name: The Klatt Famil V Limited Partn~r~bir #1 ~nn Kl~rr Rnrprrr;~p~, Tn~ Address:9290 Nickels Blvd. Boynton Beach, Fl Phone: Fax: 33425 (Zip Code) 3. Applicant's name (person or business entity in whose name this application is made): Boynton Beach Place, LLC - Address: 1.1t;O South ,lohn~on ~E?rrv Road. .Suit.e 100. At1antol G:A 30319 \L.IP Code) Phone: 4 0 4 - 8 4 7 - 1 80 0 Fax: .1 ()'1_ 9 .1 7 _ U~ 1 R If contract purchaser, please attach contract for sale and purchase. .. ~S%"'Ll., C~fY/Atf.l~ fC 4. Agent's Name (person, if any, representing applicant): Clu is Ral....h, P. E. I r/o K;443(-e~t~~~o(l(vc lIV6T eKUIJ1 ~ Pc- Address: W1 .21 st StreeL Ve:r:o Dead{ FL 32960 "'?:>~ 40'( (Zip Code) . Phone: n2 794 1985 Fax: 7.22 139:2 9Gi9 c-c, l-- ~4~ -000~ &b l-~3 -'3'12- 5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:* *This is the one address to which all agendas; letters and other materials will be mailed. 6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) Contract 'pijr~naser/ Developer 7. Street addre~"()f location of site: NE Corner of Old Boynton Road andConqress Ave 8. PropertyControl#(PCN} 08-43-45-20-01-000-0680 & 08-43-45-20-0Q-+000-0090 9. Legal description of site: ~t:>t:> ;:d..t-~t""ht:>n 10. Intended use(s) of site: ('nmmt:>ri t"" i ~ lRi:>t- ~ i. 1 11. Architect: Pieper O'Brien Herr Architects 12. Landscape Architect: Kimley-Horn & Associates 13. Site Planner: Kimley-Horn & Associates 14. Engineer: KimleY-Horn & Associates 15. 16. Surveyor: WSP Consul tan ts. Inc. Survevors & Mappers Traffic Engineer: Pinder Troutman 17. Has a site plan been previously approved by the City Commission for this property? no II. SITE PLAN The following information must be filled out below and must appear, where applicable, on all copies of the site plan. 1. Land Use Category shown in the Comprehensive Plan: T.Ot""~ 1 Rt:>t-;:d 1 ('nmmt:>Tt""i ~ 1 2. Zoning District: C-3 3. Area of Site 1 q q? 'At"" acres 867.644 s.f. sq. ft. 4. Land Use - Acreage Breakdown: a. Residential, including N/'A acres % of site surrounding lot area of grounds b. Recreation Areas ... Nlll acres % of site (excluding water area) c. Water Area 0.41 Ac. acres 2.05% % of site d. Commercial....:" acres % of site e. Industrial N/A acres % of site f. Publicll nstitutional N/A acres % of site g. Public, Private and Canal rights-ot-way N/A acres % of site h. Other (specify) N/A acres % of site i. Other (specify) N/A acres % of site j. Total area of site 1 9 . 92 acres 1 00% % of site *including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover a. Ground floor building 225 , 000 area ("building footprint") acres 25.93% % of site b. Water area o . 41 Ac acres 2.05% % of site c. Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic 12.06 Ac acres 60.54% % ot courts. site d. Total impervious area 12.011 Ac acres 110 1:)4% % of site e. Landscaped area 0 . 71 Ac acres 3 . 58% % of site inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code). f. Other landscaped areas, 1 .98 acres 9.94% % of site g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas N I A acres % ot site h. Total pervious areas ? h q A,... acres 1 1 5?~ % ot site i. Total area of site 24. 89 acres 100~ % of site 6. Floor Area a. Residential N/A sq. ft. b. Commercial/Office ??I:),OOO sq. ft. c. I ndustriallWarehouse N/A sq. ft. d. Recreational NIA sq. ft. e. Publicll nstitutional N/A sq. ft. f. Other (specify) N/A sq. ft. g. h. Other (speci'.,. N / A Total floor area 225,000 sq. ft. sq. ft. 7. Number of Residential Dwellina Units N/A a. Single-family detached sq. ft. b. Duplex sq. ft. c. Multi-Family (3 + attached dwelling units) (1) Efficiency dwelling units (2) 1 Bedroom dwelling units (3) 2 Bedroom dwelling units (4) 3+ Bedroom dwelling units d. Total multi-family dwelling units e. Total number of dwelling units 8. Gross Density dwelling units per acre N / A 9. Maximum height of structures on site i:) ? 11 feet 1 stories 10. ReQuired off-street parkina a. Calculation of required # of off-street parking spaces. Off-street parking spaces provided on site plan 225,OOOsfX 5sp/1000sf=11~ 1013 = = b. Calculation of required # of handicap parking spaces ?~ nf tnti'll _ tn 1000 =Sp Number of handicap spaces provided on site plan 22 plus 1 for each 100,. over 1000sp = 22 REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. III. CERTIFICATION (I) (We) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of Authorized Principal if property is owned by a corporation or other business entity. Date OR Signature of contract purchaser (if applicant) Date IV. AUTHORIZATION OF AGENT By: SEJ\ffil,ER FA,'\IlLY PARTNERSHIP 1135, LTD., a FJonda limned palmershlp qualified to do business in the Slate of Georgia II 35, Lid. (L.P.) By: Sembler RetaIl. Ine a FJorrda corporation Its sole general partner ~.....---) } ~i A. , Jeffrey S. Fuqua, j)' ,/,/) , /. . /~ Its: Vice Presidenl/Assistant Secretary Date' .LL' (t-X L/ .- By. ---- J!{;ie~~ ~desi~n~t~he above-signed person as (my) (our) authorized agent i~ reg~rd to this, pllcation_ Signature of Owner(s) or Trustee, _or Authorized Principal if property is owned _by a corporation or other business entity. Date OR By: SEJ\ffiLER FAMILY PARTNERSHIP' 1135, LTD., a Florida limited partnership qualified to do business in the State of Georgia 1/ 35, LId. (L.P.) By: Sembler Retail,lne., a FJ~ corporation its sole general partner /.. . / ", - / ',/, Its: . Jeffrey S. Fuqua, Vice PresidentJ Assistant Secretary Dale: ie /; ~ /e c/ . / I A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this r7 tJ, day of Wtn~lb~ , 2rIJ'I. Witness By: By: SEMBLER FAMILY PARTNERSHIP #35, LTD. a Florida limited partnership qualified to do business in the State of Georgia as Sembler Family Partnership # 35, Ltd. (L.P.) By: Sembler Retail, Inc., a Florida corporation its sole , general partner i ./1 /1 V? / ) frey S. Fuqua, re ident/ Assistant Secretary ! Its: Date: , , CONCURRENCY REQUIREl't.'ENTS NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS Please be advised that all applications for the following land development orders and permits which are submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation, park, and road facilities) would be available to serve the project, consistent with the levels of service which are adopted in the City's Comprehensive Plan: Building permit applications for the construction of improvements, which, in and by themselves, would create demand for public facilities. Applications for site plan approval. Applications for conditional use approval. Applications for subdivision master plan approval. Applications for preliminary plat approval. Applications for final plat approval. Applications for rezoning to planned zoning districts. Applications for revisions to any of the applications listed above, which would increase the demand for any public facility. Any other application, which, in and by itself, would establish the density or intensity of use of land, or a maximum density or intensity of use of land. Applications for development orders and permits submitted after February 1, 1990 and which generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic Performance Standards Ordinance, unless exempt from that ordinance. Please be advised, however, that the following applications will be exempt from the Concurrency Management Ordinance, pending final approval of this ordinance by the City Commission: Applications for the development of property which was platted on or after January 13, 1978 and either the final plat or the preliminary plat and Palm Beach County Health Department permit applications were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the general use which was intended for the property at the time of platting. Applications for the development of property, which was platted prior to January 13, 1978, the area of the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net vehicle trips per day. Applications for building permit, if a site plan or conditional use application was submitted prior to June 1, 1990 and subsequently approved and the site plan or conditional use has not expired. Applications for the development of property within an approved Development of Regional Impact, and which are consistent with the approved DR!. Applications for approval of final plats, if the preliminary plat and application for Palm Beach county Health Department permits for utilities have been submitted prior to June 1, 1990. Applications for revisions to previously approved development orders or permits, which do not increase the demand for any public facility. Please be advised that the~exemption rules are tentative and willue subject to final approval by the City Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management Ordinance, please contact the Boynton Beach Planning &Zoning Division at (561) 742-6260. CHAPTER 4 SITE PLAN REVIEW Section 7. Submission Requirements. Each applicant shall submit to the Planning and Zoning Division the following plans and exhibits in the number of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee adopted by resolution by the City Commission. 12 ASSEMBLED COPIES REQUIRED A. Existina site characteristics map: A sealed survey, not older than six months, showing all adjacent streets, alleys and driveways, and also illustrating: 1. Existing natural features, including but not limited to lakes, trees and other vegetation and soils and topography. 2. Existing buildings, building elevations, other structures, including use, height, dimensions and setbacks. 3. Existing utility lines and all easements. 4. Existing elevations (corner, street and finished floor) B. Site development plan: 1. A scaled drawing clearly illustrating proposed buildings and other structures, and any existing buildings and structures, which are to be retained, including use, height, dimensions and setbacks. 2. Proposed off-street parking spaces, driveways and sidewalks, including location, dimensions and setbacks, traffic control markings and signage. 3. Proposed fences and walls, including location, dimensions, setbacks, height and material. 4. Proposed location of lighting on site. 5. Proposed dumpster location. C. Landscape plan: 1. A separate scaled drawing (at the same scale as the site development plan) prepared as required by state law clearly illustrating proposed trees, shrubs, grass and 2. Proposed berms, watercourses and other topographic features. 3. A notation on method of irrigation. Architectural plan: 1. A scaled drawing clearly illustrating proposed building floor plan and elevations, including height, exterior dimensions, exterior color and materials. 2. A coIOt-,~ elevation drawing (not mounted) sh,- l"Jing all elevations of the building. (This submittal can be waived by the Planning and Zoning Director when not applicable.) E. Tabular Summary Containina: 1. Total gross project area by acreage and square footage and net buildable land area in acres and square feet. 2. Total number of proposed residential units, including characteristics by number of bedrooms and bathrooms and gross square footage of each typical unit. 3. Proposed nonresidential floor type of use and total gross square footage. 4. Square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas, other paved areas, and building coverage and total coverage. 5. Number and ratio of required and provided off-street parking spaces and number of loading spaces. 6. Water bodies in acres and square feet. 7. Height of buildings. F. Drainaae plan: 1. 2. A separate scaled drawing (at the same scale as the site development plan) showing elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc. An engineer's certification in writing that drainage will conform with all rules, regulations, codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land Development Regulations. Revised 10/26/01 AGREEMlliNTFORPURCHASEANDSALE THIS AGREEMENT is entered into by lO....ATT ENTERPRISES, IN c., a Florida corporation ("Enterprises"), and THE lO....A TT F AMll, Y LIMITED P ARTNERSIDP #1, a Florida limited partnership ("Partnership") (collectively "Seller'), and COMJ>SON ASSOCIATES, INC., a Florida corporation ("Buyer''). BACKGROUND: Partnership is the owner of Parcel A described on Exhibit "A" hereto (the "Partnership Property") and Enterprises is the owner of Parcel B described on Exhibit "A" hereto (the "Enterprises Property"). The Partnership Property and the Enterprises Property are sometimes herein.after collectively described as the "Property." Seller has disclosed that a portion of the Property has been conveyed to either Palm Beach County, Florida or the City of Boynton Beach, Florida for roadway purposes and that the Property is subject to certain easements for utilities. Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller on the terms and conditions which are set forth herein. The effective date (UEffective Date') of this Agreement shall be the tenth (I Olh) calendar day following the date of execution hereof by Seller, provided Buyer shall have executed and delivered this Agreement strictly in accorrlance with the requirements of Section 39, below, time being of the essence. In consideration of the mutual covenants and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby covenant and agree as follows. AGREEMENT: 1. Purchase and Sale. Subject to all of the tenns and conditions of this Agreement, the Seller will sell to the Buyer and the Buyer will purchase from the Seller the Property, together with all appurtenances, rights, easements, rights of way, pennits, licenses and approvals incident or appurtenant thereto. Seller has not matle any representations to Buyer with respect to the size or configuration of the Property and i1 is Buyer's responsibility to satisfy itself in this regard during the Investigation Period referred to in Section 3, below. 2. Purchase Price and Payment. (a) The purchase price to be paid by the Buyer to the Seller for the Property - - - - - uPurchase shall be Price"). (b) Within five (5) business days after the Effective Date of this Agreement, the 11 Buyer shall deliver to Schroeder and Larche, P.A. ("Escrow Agent") the sum of -. /f Page I of 22 I J:\7\CUENTS\KLA Tl\s:llcl06=\AGREEMENT FrNAL COMPSON.OOC l 5~1~) , ~ THE KLATT FAMILY LIMlTED PARTNERSHIP #1, a Florida limited partnership The entry into this Agreement is hereby approved, authorized and consented to by the undersigned voting trustees of the Klatt, Inc. Voting Trust Agreement d3;kL7;zE: Bill R. Wincliester, oting Trustee By: Klatt, Inc., a Florida corporation, Its: General Partner . By: & f /J I~ 1-1 , . BtIifwinchester ~ Its: President Date: 5 - .';l ~ .~ :> Elsie A. Winchester, Voting Trustee BUYER: The undersigned acknowledges and agrees to act as Escrow Agent in accordance with the terms of this Agreement. SCHROEDER AND LARCHE. P.A. By: Print Name: Title: Date: Page 21 of 22 J:\7\CUENTS\Kl.ATI\sale I 06acres\AGREEMENT FINAL COMPSON.DOC S-21"()) ~d EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Parcel A All of Lake Bessie and lands adjacent thereto. lying North of Boynton West Road. west of the E4 Canal and east of Lots 68 to 76 included on the Plat in Plat Book 7. Page 20 (less a parcel 20 feet times 46 feet being 16 feet west of and 30 feet east of the northerly extension of the center line of Velaire Drive). Section 20, Township 45 South. Range 43 East, Palm Beach County. Florida. Parcel B Lots 68 through 76, inclusive, Lot 77. West of the E-4 Canal. Lot 78. Lots 79 and 80 (less the South 20 feet of Boynton Road right-of-way), Lot 81 (less Boynton Road and Congress Avenue road right-of-ways), Lots 82 through 93, inclusive (less the West 60 feet Congress Avenue right- of-way) and abandoned 30 foot roads adjacent to said lots. all according to the Palm Beach- Miami Land and Development Company's Plat thereof recorded in Plat Book 7. Page 20 thereof. in the office of the Clerk of the Circuit Court, Palm Beach County. Florida. Page 22 of 22 J:\7\CUENTS\KLA Tl\s.alel 06acres\AGREEMENT FINAL COMPSON.OOC 5-21..{j) ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALE TillS ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALE (this "Assignment") is made and entered into this _ day of , 200_, by and between and Compson Associates, Inc., a Florida corporation (hereinafter "Assignor"), and 1950 Congress Avenue, LLC, Florida limited liability company (hereinafter "Assignee"). WITNESSETH In consideration of the sum of TEN AND NOIIOO ($10.00) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor does hereby assign to Assignee all of its right, title and interest in and to that certain Agreement for Purchase and Sale by and between (a) Assignor, and (b) Klatt Enterprises, Inc., a Florida corporation, and The KIatt Family Limited Partnership #1, a Florida limited partnership, dated June 2, 2003 (as subsequently amended, the "Agreement"), involving that certain tract or parcel of land located in the City of Boynton Beach, Palm Beach County, Florida, and being more particularly described in the Agreement, including, without limitation, an assignment of Assignor's interest in the Deposit (as defmed in the Agreement) and any other payments made under the Agreement. ASSIGNEE does hereby accept this Assignment, and for it and its successors and assigns, does hereby assume and agree to perform and discharge all of the Assignor's liabilities, obligations and duties under the Agreement arising from and after the date of this Assignment. IN WITNESS WHEREOF, the undersigned have caused this Assignment to be executed by their duly authorized officers as of the day fIrst above written ASSIGNOR: COMPSON ASSOCIATES, INC., a Florida corporation By: Name: Title: ASSIGNEE: 1950 CONGRESS AVENUE, LLC, a Florida limited liability company By: Name: Title: 679498-1 4709.0001000 City Codes Accessed Via Website . www.bovnton-beach.ofll www.amlellal.comlbovnton beach fl CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICA nON FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISnNG SITE PLAN Has applicant attended a pre-appllcatlon meeting? Yp-~ Date F;pptpmhp-r 10, 2004 This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans including a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED. Please print legibly (in ink) or type all information. I. GENERAL INFORMATION 1. Project Name : Boynton Town Center ! 2. Property Owner's (or Trustee's) Name: The Klatt Familv Limited Partn~r~hjp #1 Qnn Kl~rr Rnrprpri~p~1 Tn~ Address:9290 Nickels Blvd. Boynton Beach, Fl Phone: 33425 (Zip Code) Fax: 3. Applicant's name (person or business entity in whose name this application is made): Boynton Beaqh Place, LLC - Address: 141:)0 Snuth .Tnhn~on t~rrv Road, .Suit,e 100, nrlant="rll G1\. 30319 \L.IP l,;ode) Phone: 404-847-1800 Fax: A. (:}'1_B 4 7 'L81 R If contract purchaser, please attach contract for sale and purchase. 4. Agent's Name (person, if any, representing applicant): Chris Ralph, P . E . ~/n Kimlpy-Hnrn And A~~n~iAtes Address: 601 21 st street Phone: 772-794-4088 Vero Beach FL 32960 (Zip Code) . Fax: 772-562-9689 5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:* *This is the one address to which all agendas; letters and other materials will be mailed. 6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) Contract 'Pur.~baser/ Developer 7. street addreh-of location of site: NE Corner of Old Bovnton Road and 'Conqress Ave 8. Property Control #(PCN) 08-43-45-20-01-000-0680 & 08-43-45-20-00.000-0090 9. Legal description ofsite: !::I::lll::ll ;:d-t ~rohl::lln 10. Intended use(s) of site: "nmml::llr; ro; ~ lRl::llt ~; 1 11. Architect: Pieper O'Brien Herr Architects 12. Landscape Architect: Kimley-Horn & Associates 13. Site Planner: Kimley-Horn & Associates 14. Engineer: KimleY-Horn & Associates 15. Surveyor: WSP Consultants..Inc. Survevors & Mappers 16. Traffic Engineer: Pinder Troutman 17. Has a site plan been previously approved by the City Commission for this property? no II. SITE PLAN The following information must be filled out below and must appear, where applicable, on all copies of the site plan. 1. Land Use Category shown in the Comprehensive Plan: T.oroa 1 ~"'h:d 1 f"'nmml::llrro;? 1 2. Zoning District: C-3 3. Area of Site 1 q q? "Ar- acres 867.644 s.f. sq. ft. 4. Land Use - Acreage Breakdown: a. Residential, including N/"A acres % of site surrOunding lot area of grounds b. Recreation Areas * N/A acres % of site (excluding water area) c. Water Area 0.41 Ac. acres 2.05% % of site d. Commercial..;;. acres ,J< % of site e. Industrial N/A acres % of site f. Publicll nstitutional N/A acres % of site g. Public, Private and Canal rights-of-way N/A acres % of site h. Other (specify) N/A acres % of site i. Other (specify) N/A acres %of site j. Total area of site 1 9.92 acres 1 00% % of site *including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover a. Ground floor building 225 , 000 area ("building footprint") acres 25.93% % of site b. Water area 0.41 Ac acres 2.05% % of site c. Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic 1 2 . 06 Ac acres 60 . 54% % of courts. site d. Total impervious area 12.0fi Ar. acres fiO 54~ % of site e. Landscaped area 0 . 71 Ac acres 3 . 58% % of site inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code). f. Other landscaped areas, 1. 98 acres 9.94% % of site g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas N I A acres % of site h. Total pervious areas ? hq 'A.r acres 1 ~ ? ?Sk % of site i. Total area of site 24.89 acres 100Sk % of site 6. Floor Area ~ N/A a. Residential sq. ft. b. Commercial/Office :ns,ooo sq. ft. c. I ndustriallWarehouse N/'A. sq. ft. d. Recreational N/A sq. ft. e. Publicll nstitutional N/A sq. ft. f. Other (specify) N/A sq. ft. g. h. Other (speci., N / A sq. ft. Total floor area 225, 000 sq. ft. 7. Number of Residential Dwelling Units N/A a. Single-family detached b. Duplex c. Multi-Family (3 + attached dwelling units) (1) Efficiency (2) 1 Bedroom (3) 2 Bedroom (4) 3+ Bedroom d. Total multi-family e. Total number of dwelling units sq. ft. sq. ft. dwelling units dwelling units dwelling units dwelling units dwelling units 8. Gross Density dwelling units per acre N / A 9. Maximum height of structures on site !:) 7. 11 feet 1 stories 10. ReQuired off-street parking a. Calculation of required # of off-street parking spaces. Off-street parking spaces provided on site plan 22S,OOOsfX Ssp/1000sf=11C5 1013 = = b. Calculation of required # of handicap parking spaces 7.~ of tot;:)' _ to 1000 =Sp Number of handicap spaces provided on site plan 22 plus 1 for each 100tover 1000sp = 22 REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. III. CERTIFICATION (I) (We) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of Authorized Principal if property is owned by a corporation or other business entity. Date OR Signature of contract purchaser (if applicant) Date IV. AUTHORIZATION OF AGENT By: SEJ\-mLER FAMlLY PARTNERSHIP 1135, LTD., a Florida limited pal1nershlp qualified 10 do business m the State of Georgia 1135, LId. (LP.) By: Sembler Re~iJ. loe.. a Flollda corporation its sole general parmer By: Dale /O}:J Id/ ( I esignate the above-signed person as (my) (our) authorized agent in regard to Its: Jeffrey S. Fuqua, Vice Presidenl!Assis~nt Secretary Signature of Owner(s) or Trustee, _or Authorized Principal if property is owned _by a corporation or other business entity. Date OR - - " - By: SEJ\-mLER FAMlLY PARTNERSHIJ> 1135, LTD., a Florida limited partnership qualified to do business in the State of Georgia 1135, Ltd. (L.P.) By: Sembler Retail ]oc.. Flori corporation its sole general parmer By: Its: ' Jeffrey S. Fuqua, V ice President! Assistant Secretary Date: /0 /;~/o c/ f I A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. . " RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this n tJ, day of Of fdh.t,r !:h..Ptb~ I~ P#L, -Iz,""ft1-;!o'/l Witness Applicant/11-1c",- t , 2r1/1. Witness By; SEMBLER FAMILY PARTNERSHIP #35, LTD. a Florida limited partnership qualified to do business in the State of Georgia as Sembler Family Partnership # 35, Ltd. (L.P.) By; Sembler Retail, Inc., a Florida corporation its sole general partner - frey S. Fuqua, identl Assistant Secretary By: Its: Date: CONCURRENCY REQUIRewtENTS NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS Please be advised that all applications for the following land development orders and permits which are submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation, park, and road facilities) would be available to serve the project, consistent with the levels of service which are adopted in the City's Comprehensive Plan: Building permit applications for the construction of improvements, which, in and by themselves, would create demand for public facilities. Applications for site plan approval. Applications for conditional use approval. Applications for subdivision master plan approval. Applications for preliminary plat approval. Applications for final plat approval. Applications for rezoning to planned zoning districts. Applications for revisions to any of the applications listed above, which would increase the demand for any public facility. Any other application, which, in and by itself, would establish the density or intensity of use of land, or a maximum density or intensity of use of land. Applications for development orders and permits submitted after February 1, 1990 and which generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic Performance Standards Ordinance, unless exempt from that ordinance. Please be advised, however, that the following applications will be exempt from the Concurrency Management Ordinance, pending final approval of this ordinance by the City Commission: Applications for the development of property which was platted on or after January 13, 1978 and either the final plat or the preliminary plat and Palm Beach County Health Department permit applications were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the general use which was intended for the property at the time of platting. Applications for the development of property, which was platted prior to January 13, 1978, the area of the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net vehicle trips per day. Applications for building permit, if a site plan or conditional use application was submitted prior to June 1,1990 and subsequently approved and the site plan or conditional use has not expired. Applications for the development of property within an approved Development of Regional Impact, and which are consistent with the approved DRI. Applications for approval of final plats, if the preliminary plat and application for Palm Beach county Health Department permits for utilities have been submitted prior to June 1, 1990. Applications for revisions to previously approved development orders or permits, which do not increase the demand for any public facility. Please be advised that the~xemption rules are tentative and will ~ubject to final approval by the City Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management Ordinance, please contact the Boynton Beach Planning &Zoning Division at (561) 742-6260. CHAPTER 4 SITE PLAN REVIEW Section 7. Submission Requirements. Each applicant shall submit to the Planning and Zoning Division the following plans and exhibits in the number of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee adopted by resolution by the City Commission. 12 ASSEMBLED COPIES REQUIRED A. Existina site characteristics map: A sealed survey, not older than six months, showing all adjacent streets, alleys and driveways, and also illustrating: 1. Existing natural features, including but not limited to lakes, trees and other vegetation and soils and topography. 2. Existing buildings, building elevations, other structures, including use, height, dimensions and setbacks. 3. Existing utility lines and all easements. 4. Existing elevations (corner, street and finished floor) B. Site development plan: 1. A scaled drawing clearly illustrating proposed buildings and other structures, and any existing buildings and structures, which are to be retained, including use, height, dimensions and setbacks. 2. Proposed off-street parking spaces, driveways and sidewalks, including location, dimensions and setbacks, traffic control markings and signage. 3. Proposed fences and walls, including location, dimensions, setbacks, height and material. 4. Proposed location of lighting on site. 5. Proposed dumpster location. C. Landscape plan: 1. A separate scaled drawing (at the same scale as the site development plan) prepared as required by state law clearly illustrating proposed trees, shrubs, grass and 2. Proposed berms, watercourses and other topographic features. 3. A notation on method of irrigation. Architectural plan: 1. A scaled drawing clearly illustrating proposed building floor plan and elevations, including height, exterior dimensions, exterior color and materials. 2. A cola."t:d elevation drawing (not mountecf) s~"ing all elevations of the building. (This submittal can be waived by the Planning and Zoning Director when not applicable.) E. Tabular Summary Containina: 1. Total gross project area by acreage and square footage and net buildable land area in acres and square feet. 2. Total number of proposed residential units, including characteristics by number of bedrooms and bathrooms and gross square footage of each typical unit. 3. Proposed nonresidential floor type of use and total gross square footage. 4. Square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas, other paved areas, and building coverage and total coverage. 5. Number and ratio of required and provided off-street parking spaces and number of loading spaces. 6. Water bodies in acres and square feet. 7. Height of buildings. F. Drainaae plan: 1. 2. A separate scaled drawing (at the same scale as the site development plan) showing elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc. . An engineer's certification in writing that drainage will conform with all rules, regulations, codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land Development Regulations. Revised 10/26/01 " ~ AGREEMrnNTFORPURCHASEANDSALE THIS AGREEMENT is entered into by KLA IT ENTERPRISES, INC.. a Florida corporation ("Enterprises"), and THE KLATT F Al\fIL Y LIMITED P ARTNERSIDP #], a Florida limited partnersrup ("Partnersrup") (collectively "Seller), and COl\fPSON ASSOCIATES, INC., a Florida corporation ("Buyer') BACKGROUND: Partnership is the owner of Parcel A described on Exhibit "A" hereto (the "Partnership Property") and Enterprises is the owner of Parcel B described on Exhibit "A" hereto (the "Enterprises Property"). The Partnership Property and the Enterprises Property are sometimes herein.after collectively described as the "Property." Seller has disclosed that a portion of the Property bas been conveyed to either Palm Beacb County. Florida or the City of Boynton Beacb, Florida for roadway purposes and that the Property is subject to certain easements for utilities. Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property from Seller on the terms and conditions which are set forth herein.. The effective date ("Effective Date") of this Agreement shall be the tenth (lOlh) calendar day following the date of execution bereof by Seller, provided Buyer shall have executed and delivered this Agreement strictly in accordance with the requirements of Section 39, below, time being of the essence. In consideration of the mutual covenants and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are bereby acknowledged, the parties hereto hereby covenant and agree as follows. AGREEMENT: 1. Purchase and Sale. Subject to all of the tenns and conditions of this Agreement, the Seller will sell to the Buyer and the Buyer win purchase from the Seller the Property, together with all appurtenances, rights, easements, rights of way, pennits. licenses and approvals incident or appurtenant thereto. Seller has not matfe any representations to Buyer with respect to the size or configuration of the Property and it is Buyer's responsibility to satisfy itself in this regard during the Investigation Period referred to in Section 3. below. 2. Purchase Price and Payment. (a) The purchase price to be paid by the Buyer to the Seller for the Property - - - - - uPurchase shall be Price"). (~) Within five (5) business days after the Effectiv~ Date of this Agreement,_th: /) /f Buyer shaH deliver to Schroeder and Larche, P.A. ("Escrow Agent') the sum of . Page I of 22 ;f J:\7\CUENTS\KLA Tl\s31e106=\AGREEMENT FINAL COMPSON.OOC L '~I~) . ~ ,. , The entry into this Agreement is hereby approved, authorized and consented to by the undersigned voting trustees of the Klatt, Inc. Voting Trust Agreement da;;;;~ Bill R. Winch'ester. oting Trustee THE KLA IT FAMILY LIMlTED PARTNERSHIP #1, a Florida limited partnership By: Klatt, Inc.. a Florida corporation, Its: General Partner . By. & f/J/~ /~I , . B~inchester ~ Its: President Elsie A. Winchester. Voting Trustee Date: 5- ::l. ~ -~~ BUYER: The undersigned acknowledges and agrees to act as Escrow Agent in accordance with the terms of this Agreement. SCHROEDER AND LARCHE. P.A. By: Print Name: Title: Date: Page 21 of 22 J:\7\CUENTS\KlA Tl'sale I 06acres\AGREEMENT FINAL COMPSON.DOC S-21~3 !;d i'. EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Parcel A All of Lake Bessie and lands adjacent thereto, lying North of Boynton West Road, west of the E4 Canal and east of Lots 68 to 76 incJuded on the Plat in Plat Book 7, Page 20 (less a parcel 20 feet times 46 feet being 16 feet west of and 30 feet east of the northerly extension of the center line of Velaire Drive), Section 20, Township 45 South, Range 43 East, Palm Beach County, Florida. Parcel B Lots 68 through 76, inclusive, Lot 77, West of the E-4 Canal, Lot 78, Lots 79 and 80 (less the South 20 feet of Boynton Road right-of-way), Lot 81 (less Boynton Road and Congress Avenue road right-of-ways), Lots 82 through 93, inclusive (less the West 60 feet Congress Avenue right- of-way) and abandoned 30 foot roads adjacent to said lots, all according to the Palm Beach- Miami Land and Development Company's Plat thereof recorded in Plat Book 7, Page 20 thereof, in the office of the Clerk of the Circuit Court, Palm Beach County, Florida. Page 22 of 22 J:\7\CUENTS\KLA Tl\sale I 06acra\AGREEMENT FINAL COMPSON.DOC 5-21~) '. ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALE TillS ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALE (this "Assignment") is made and entered into this _ day of , 200_, by and between and Compson Associates, Inc., a Florida corporation (hereinafter "Assignor"), and 1950 Congress Avenue, LLC, Florida limited liability company (hereinafter "Assignee"). WITNESSETH In consideration of the sum of TEN AND NOIIOO ($10.00) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor does hereby assign to Assignee all of its right, title and interest in and to that certain Agreement for Purchase and Sale by and between (a) Assignor, and (b) Klatt Enterprises, Inc., a Florida corporation, and The Klatt Family Limited Partnership #1, a Florida limited partnership, dated June 2, 2003 (as subsequently amended, the "Agreement"), involving that certain tract or parcel of land located in the City of Boynton Beach, Palm Beach County, Florida, and being more particularly described in the Agreement, including, without limitation, an assignment of Assignor's interest in the Deposit (as defmed in the Agreement) and any other payments made under the Agreement. ASSI GNEE does hereby accept this Assignment, and for it and its successors and assigns, does hereby assume and agree to perform and discharge all of the Assignor's liabilities, obligations and duties under the Agreement arising from and after the date of this Assignment. IN WITNESS WHEREOF, the undersigned have caused this Assignment to be executed by their duly authorized officers as of the day fIrst above written ASSIGNOR: COMPSON ASSOCIATES, INC., a Florida corporation By: Name: Title: ASSIGNEE: 1950 CONGRESS AVENUE, LLC, a Florida limited liability company By: Name: Title: 679498-1 4709.0001000 SOUTH FLORIDA WATER MANAGEMENT DISTRICT MINING/DEWATERING PERMIT APPLICATION (RC-1A, RC-1W, RC-1G) For all DEWATERING Water Uses for Mining or Construction General and Specific Authority, Chapter 373, State Statutes, 40E-2 and 40E-20 Florida Administrative Code and Basis of Review, Vol JII, South Florida Water Management District. A. GENERAL INFORMATION 1 . Name of Owner, Responsible Entity, etc. Name: 1950 Congress Avenue, LLC c/o Jeffrey S. Fuqua Project Name: Boynton Town Center/Boynton Village Address: 1450 South Johnson Ferry Road, Suite 100 City: Atlanta County: State: GA ZIP: 30319 Phone: (404) 847-1800 Cell Phone: Fax: (404) 847-1818 E-mail: 2. Proof of Ownership is required, in the form of a Deed, tax certificate, lease, or Articles of Incorporation ATTACH Proof of Ownership to this Form 3. Name of Engineer, Contractor or Other. Name: Russell Morrison, P.E. Firm: Kimley-Hom and Associates, Inc. Address: 4431 Embarcadero Drive City: West Palm Beach County: Palm Beach State: FL ZIP: 33407 Phone: 561-845-0665 Cell Phone: Fax: 561-863-6392 4. Is this a New Permit ~ RenewallModiflcatlon 0 Permit No.: 5. Will this Permit be a General Permit (short-term dewatering; Chapter 4OE-20.302 F.A.C) ~ or an Individual Permit 0 6. Has a Surface Water Management Permit or Environmental Resource Permit from the District been issued for this Project? Permit No.: 50-06808-P or has a Surface Water Management Permit or Environmental Resource Permit from the District been applied for? Application No.: 7. What are the: Total number of days for the Project: 145. Total Pumpage (gallons per day) for the Project: 108000 Maximum gpd pumpage 108000 8. To process this Application, a fee of $500 for a General and between $1,800.00 and $4,000.00 for an Individual Permit is required (see Chapter 40E-1. 607, F.A C.). A IT ACH Application fee to this Form 9. Please Identify any Staff member you have discussed this Application with: Stephanie Newell So LOCATION OF THE PROPERTY 1. General Location of the Property/Project County: Palm Beach City: Boynton Beach Section 20 Township 45S Ranp; 43E (or Land Grant Name ) 2. Please submit: Location Map, (8 /2 x 11 ),showing location of the project in relation to major roads. A TT ACH Location Map to this Form 3. An aerial photograph of the entire project site is required. ATTACH an aerial photograph C. PROJECT DESCRIPTION (if more room is needed attach additional pages) 1. Describe the mining/dewatering operation: Dewatering operation associated with the installation of underground utilities, stormwater piping and the construction of on-site wet retention ponds. 2. Describe the method of excavation: Off road trucks and excavation equipment. 3. What Is the maximum elevation of excavation: -11.0 ft NGVD @ lift station 4. What Is the maximum elevation of dewatering: -11.50 ft NGVD @ lift station 5. Describe the areas that will be mlned/dewatered. Indicate If there are several sections/phases: The areas to be dewatered include the proposed location of the water, sanitary sewer and stormwater piping and three wet retention ponds as denoted on the Dewatering & Erosion Control Plan & Details Sheets C32 & C33. 6. Describe the method of dewatering (Pumps, wellpoJnts, etc.): Pump and wellpoints ATTACH Table A (for wells) andfor Table B (for pumps) to this Form 7. Provide calculations to show how flow volumes were derived. What Is the Maximum day and Average day pumpage, In gallons per minute, for each section/phase. Form 0445 (08/03) PERMIT APPLICATION for DEWATERING Water Uses Page 1 0.3 ATTACH Calculations (on a separate sheet) to this Form ~1IJQt D. DEWATERING WATER DISCHARGE (if more room is needed attach additional pages) 1. Describe and indicate for each section/phase, where dewatering water will be discharged or stored: Dewatering water will be stored on-site in the wet retention ponds and using a perimeter recharge trench. 2. Will all dewatering water be retained on site? Yes The Applicant must demonstrate If it Is not feasible 10 retain water on-site and provide information as described in Section 2.5.2 (4) of the Basis of Review. ATTACH, if needed, feasibility report and aI/ supporting information (Section 2.5.2 (4) B.O.R. 3. Describe any methods that will be utilized (settling tanks, berms, turbidity screens, recharge trenches, ete.) In order to protect sensitive areas from dewatering diSCharge: Berms, turbidity barriers and recharge trenches. 4. Identify all wetland or sensitive areas on or adJacentto the project or which may be Impacted by the project: NIA - No wetlands or sensitive water bodies are on site or adjacent to the project. 5. Note: It may be necessary to provide modeling to provide reasonable assurances that there are no harm to wetland areas due to the project's withdrawals or discharges. E. POLLUTION AND CONTAMINATION 1. Describe and locate a/l sources of contamination or pollution and the location of the nearest saline water. See attached ESA. Note: It may be necessary to provide modeling to provide reasonable assurances that there are no adverse impacts due to the proposed withdrawals or discharges. F. SITE PLANS AND PHASE INVENTORY 1. Provide a Plan View: The Plan view should show the s11e in relation to adjacent roads/canals/open water, property boundaries, sectionslphases to be dewatered, discharge areBs, wells, wellpoint systems, pumps, areas of discharge, contamination areas, retention or settling tanks, ete. and all wetland or sensitive areas as well as protective devices such as berms, turbidity screens, recharge trenches, etc. and the location of any monitoring points or wells, etc. 2. Provide a Profile View: The Profile view should show cross-sections across the areas to be dewatered and indicate the maximum depth of excavation, maximum depth of dewatering, water table elevation, land surface elevation, berm elevation, recharge trenches and wetland areas. 3. If more than one phase of dewatering Is proposed, provide, in a spread sheet format. an Inventory of Dewatering Phases. The Inventory should include the phase, start date, number of days for dewatering, maximum day gpm, average day gpm and total pumpage for the phase. ATTACH Plan View, Profile View and Phase Inventory (if needed) to this Form G. ATTACHMENTS 1. Please make sure you have included the following attachments with your Application: 181 Proof of Ownership 181 Location Map 181 Plan View 181 Profile View D Table A for wells 181 Table B for pumps 181 Pumpage Calculations 0 Phase Inventory (if necessary) 181 Application Fee (see Form XXXX) 181 Aerial Photograph o Feasibfllty report and supporting information for off-site discharge (if needed) F. CERTIFICATION I hereby certify that, to the best of my knowledge, the total project acreage listed above is owned or controlled by me and encompasses the project referenced in this permit application. In addition, I agree to provide entry to the project site for South Florida Water Management Inspectors with proper identification or documents as required by law for the purpose of making analyses of the site. Further, I agree to provide entry to the project site for such Inspectors to monitor permitted work If a permit Is granted. If this application Is not complete within 240 days, It may be denied pursuant to Rule 4OE-1.603, Flo Administrative Code BY: SEMBLER FAMILY PARTNERSHIP #35, Ltd., a Florida limited partnership qualified to do business in the state of Georgia as Sembler Family Partnership #35 lid. (L.P.) By: By: Sembler Retail. Inc., A Rorida corporation its sole general partner Its: Date Vice PresidenUAssistant Secretarv 7/J?J/o.s Form 0445 (08103) PERMIT APPLICATION for DEWATERING Water Uses Page 2 of 3 SOUTH FLORIDA WATER MANAGEMENT DISTRICT MINING/DEWATERING PERMIT APPLICATION (RC-1A, RC-1W, RC-1G) For all DEWATERING Water Uses for Mining or Construction General and Specific Authority, Chapter 373, State Statutes, 40E-2 and 40E-20 Florida Administrative Code and Basis of Review, Vol III, South Florida Water Management District. A. GENERAL INFORMATION 1. Name of Owner, Responsible Entity, etc. Name: 1950 Congress Avenue, LLC c/o Jeffrey S. Fuqua Project Name: Boynton Town Center/Boynton Village Address: 1450 South Johnson Ferry Road, Suite 100 City: Atlanta County: State: GA ZIP: 30319 Phone: (404) 847-1800 Cell Phone: Fax: (404) 847-1818 E-mail: 2. Proof of Ownership is required, in the form of a Deed, tax certificate, lease, or Articles of Incorporation ATTACH Proof of Ownership to this Form 3. Name of Engineer, Contractor or Other. Name: Russell Morrison, P.E. FIrm: Kimley-Hom and Associates,lnc. Address: 4431 Embarcadero Drive City: West Palm Beach County: Palm Beach State: FL ZIP: 33407 Phone: 561-845-0665 Cell Phone: Fax: 561-863-6392 4. Is this a New PermIt ~ RenewaUModiflcatlon 0 Permit No.: 5. Will this Permit be a General PermIt (short-term dewatering; Chapter 40E-20.302 F.A.C) 181 or an Individual Permit 0 6. Has a Surface Water Management Permit or Environmental Resource Permit from the District been issued for this Project? Permit No.: 50-0680B-P or has a Surface Water Management Permit or Environmental Resource Permit from the District been applied for? Application No.: 7. What are the: Total number of days for the Project: 145. Total Pumpage (gallons per day) for the Project: 108000 Maximum gpd pumpage 108000 8. To process this Application, a fee of $500 for a General and between $1,800.00 and $4,000.00 for an Individual Permit is required (see Chapter 40E-1.607, F.A.G.). ATTACH Application fee to this Form 9. Please Identify any Staff member you have discussed this Application with: Stephanie Newell B. LOCATION OF THE PROPERTY 1 . General Location of the Property/Project County: Palm Beach City: Boynton Beach Section 20 Township 45S Ran~ 43E (or Land Grant Name ) 2. Please submit: Location Map, (8 /2 x 11 ),showing location of the project in relation to major roads. A TT ACH Location Map to this Form 3. An aerial photograph of the entire project site is required. ATTACH an aerial photograph C. PROJECT DESCRIPT.ION (if more room is needed attach additional pages) 1. Describe the mining/dewatering operation: Dewatering operation associated with the installation of underground utilities, stormwater piping and the construction of on-site wet retention ponds. 2. Describe the method of excavation: Off road trucks and excavation equipment. 3. What Is the maximum elevation of excavation: -11.0 ft NGVD @ lift station 4. What is the maximum elevation of dewatering: -11.50 ft NGVD @ lift station 5. Describe the areas that will be mlnedldewatered. Indicate If there are several sections/phases: The areas to be dewatered include the proposed location of the water, sanitary sewer and stormwater piping and three wet retention ponds as denoted on the Dewatering & Erosion Control Plan & Details Sheets C32 & C33. 6. Describe the method of dewatering (Pumps, wellpolnts, etc.): Pump and weJlpoints ATTACH Table A (for wells) and/or Table B (for pumps) to this Fonn 7. Provide calculations to show how flow volumes were derived. What Is the Maximum day and Average day pumpage, In gallons per minute, for each section/phase. Form 0445 (08103) PERMIT APPLICATION for DEWATERING Water Uses Page 1013 ATTACH Calculations (on a separate sheet) to this Form ~1l5Ql D. DEWATERING WATER DISCHARGE (if more room is needed attach additional pages) 1. Describe and indicate for each section/phase, where dewatering water will be discharged or stored: Dewatering water will be stored on-site in the wet retention ponds and using a perimeter recharge trench. 2. Will all dewatering water be retained on site? Yes The Applicant must demonstrate If it Is not feasible to retain water on-site and provide information as described in Section 2.5.2 (4) of the Basis of Review. ATTACH, if needed, feasibility report and all supporting information (Section 2.5.2 (4) B.O.R. 3. Describe any methods that will be utilized (settling tanks, berms, turbidity screens, recharge trenches, ete.) In order to protect sensitive areas from dewatering discharge: Berms, turbidity barriers and recharge trenches. 4. Identify all wetland or sensitive areas on or adjacent to the project or which may be Impacted by the project: N/A - No wetlands or sensitive water bodies are on site or adjacent to the project. 5. Note: It may be necessary to provide modeling to provide reasonable assurances that there are no harm to wetland areas due to the project's withdrawals or discharges. E. POLLUTION AND CONTAMINATION 1. Describe and locate all sources of contamination or pollution and the location of the nearest saline water. See attached ESA. Note: It may be necessary to provide modeling to provide reasonable assurances that there are no adverse impacts due to the proposed withdrawals or discharges. F. SITE PLANS AND PHASE INVENTORY 1. Provide a Plan View: The Plan view should show the slle in relation to adjacent roads/canals/open water, property boundaries, sections/phases to be dewatered, discharge areas, wells, well point systems, pumps, areas of discharge, contamination areas, retention or settling tanks, ete. and all wetland or sensitive areas as well as protective devices such as berms, turbidity screens, recharge trenches, etc. and the location of any monitoring points or wells, etc. 2. Provide a Profile View: The Prome view should show cross-sections across the areas to be dewatered and indicate the maximum depth of excavation, maximum depth of dewatering, water table elevation, land surface elevation, berm elevation, recharge trenches and wetland areas. 3. If more than one phase of dewatering Is proposed, provide, In a spread sheet format, an Inventory of Dewatering Phases. The Inventory should include the phase, start date, number of days for dewatering, maximum day gpm, average day gpm and total pumpage for the phase. ATTACH Plan View, Profile View and Phase Inventory (if needed) to this Form G. ATTACHMENTS 1. Please make sure you have included the following attachments with your Application: 181 Proof of Ownership 181 Location Map 181 Plan View 181 Profile View D Table A for wells 181 Table B for pumps 1:81 Pumpage Calculations 0 Phase Inventory (If necessary) 181 Application Fee (see Form XXXX) 181 Aerial Photograph o Feaslblllty report and supportIng Information for off-site discharge (If needed) F. CERTIFICATION I hereby certify that, to the best of my knowledge, the total project acreage lIsted above Is owned or controlled by me and encompasses the project referenced In this permit application. In addition, I agree to provide entry to the project site for South Florida Water Management Inspectors with proper Identification or documents as required by law for the purpose of making analyses of the site. Further, I agree to provide entry to the project site for such Inspectors to monitor permitted work If a permit Is granted. If this application Is not complete within 240 days, " may be denied pursuant to Rule 4OE-1.603, Flo Administrative Code BY: SEMBLER FAMILY PARTNERSHIP #35, Ltd., a Florida limited partnership qualified to do business in the state of Georgia as Sembler Family Partnership #35 Ltd. (L.P.) By: By: Sembler Retail, Inc., A Aorida corporation its sole general partner Its: Date Vice President/Assistant Secretarv 7/1%s Fonn 0445 (08103) PERMIT APPLICATION for DEWATERING Water Uses Page 2 of 3 8 sou:rs FLOJcrDA WATER. ~ DISTR.I:CT ENVIRONNBN'rAL USOORCB PEBMI'l' MO. 50-06808-1>> DATE ISSUED: JUNE 8, 2005 .........1j1 ....- PERMrrreE: 1950 cONGRESS AVENUE w: (BOYNTON TOWN CENTER AND BOYNTON VILlAGE) 1450 S. JOHNSON FERRY ROAD,SUITE 100 ATl>>ITA I GA 30319 PROJECT DESCRIPTION: CONCEPTUAl APPROVN.. OF A SURFACE WATER MANAGEMENT SYSTal TO SERVE A 110.48 ACRE MIXED lAND USE oevaoPMEN'T KNOWN ~ BOYIlfON BI:ACH TOWN CENTER AND BOYNTON vtLJ.AGE, ~ CONSTRUCTION AND OPERATION OF PHASE 1 (59.1 ACRES) WHICH INCll.l)ES THE MASTER SURFACE WATER MANAGEMENT SYSTEM AND pROPOSED COMMERCIAl DEVElOPMENTS. PAlM BEACH COUNTY , SECTION 20 TWP 45S RGE 43E See special Condition No: 1. See allached Rule 4OE-4.321, Aorida AdminIstratiW Code. PROJECT LOCATION; PERMIT DURATION: 'This Permit iG ill8ued punuant to Applica:tion No. 041115-18, date. October :ZS, 2004. p~rtnittee qrlleS to hold and save the South P10rida Water MlIl1qtmeDt Dbtrict and ii:8 .UOC~Slorll hannIeu from U1Y and all ciamIIga, claima or llabilltica which mayariac by reason of the construction. opcrWWn. maintenance or UK af activities &I.ltborUed by this Permit. Thill Permit ill ilIl1ued under the provllriona of Cbapter 373 ,Part IV Florida Statuto:S [F.S.), and the Operating Agreement Concerning hgulaIion Under Put lV, Chapte1' 373 P'.s., between SOuth Florida Water Ma.n~t District and the D~pe.rtmrnt of Environmental Protection. ilIl1\1anoe of this Permit ClOn,uma. certification of compliance .aritb state water quality standard. where "ec:oraaary pursuant to Scdlon '"'01. Public Law 92-500. 33 use SeetiDn 1341 . un1eu thi5 Permit is iuuecl purlIu~t 19 the net improvement proviaicn\* of Subsecrion. 373.414I1lfbl. F.9., or as otheIwiae atlrted herein. This Permit may be transferred pursuant to the appropriate provisions of ChapteJ' 373, F.S, and Sections "tOE-1.6107(1) and (2). and i0E-4.351(1I, (:Zl, and (41. Florida Mministrllti'A:: Code (FAe.). Thia Permit INlY be revobd, SUlIpended, or modiIled at any tiI1'1~ pursuant to th~ appropriate proviaicn. of Chapb<r 373, F.S. and ~tions 'tOE-4.3Sl(1), [2). alld (4). F.A.C. This permit &hall be subject to the: Oe.ncr-.I Conditions aet farth in Rule 4WE-4.3S1, F.A.C.. unlC51 waived or mlXlilied by the Governing Boanl. The Application, and the Environ1nental Resoutee Pc:nr:Ut Staff Review SUmmIlJ)' of the Application, including slI. conditiona, end all plans and spcci!icationD inClO1"pO%'&ted by reference, a.re a pan of t\'ria ~t. All actMtiea IIl1tborbied by this Pumit ahall be implcnented as set forth in the plans, epcciJicationa, and performance criteria u set forth and incorporated in the Environmental RNOu.rc:e PmDJ.t Staff Review SummIiry. W'rthin 30 ci&yB ~ compl.non of constructlon Dr the pc:rmitt~ activity, the Pemdttee aha11submit a written lItatllment 0[ compldiDI'l ~d cert:i1iaLtion by. rqiatered profesaiotlal ~ or other appropriate in~, pursuant to th. appropriate provisions of Chapter 373, F.S. and Sections 4OE-4.3lS1 and 40&-4.381, F.A.C. In the event the property ill ao1d or otherwise C01'1veyed, the Pcnnl.ttee will remaiIlllablefDrcomplianc:ewithuuaPermittU1tiltranlf.ar ill approved by the DIatrict purllWlnt to Rule 4OE-1.610'1, P'.A.C. SPECIAL. AND GENERAL CONDITIONS ARE AS FOLLOWS: SEE PAGES Z . 3 OF 6 (16 SPECW. CONDITIONS). SEE PAGES 4 . 6 OF 6 119 GENERAL COKlITIONS). SOUTH FLORIDA WATER MANAGEMENT DISTRICT. BY ITS GOVERNING BOARD On ORIGINAL SIGNED BY; By El.IZA8!TH VEGUlUA DEP\JlY CLERK PAGE 1 Of 6 60V~0'd 9689C8919S1 awM~ lc:ll 900C-~c-Nnf PERMIT NO: 50-06BOB-P PAGE 2 OF 6 SPECIAL CONDITIONS 1. The conceptual phase of thi~ permit shall expir~ on June B, 2007. The construction phase of this permit shall expire on June 8, 2010. 2. Operation of the surface water mana~ement SY5t~ shall be the responsibility of th€ MASTER ASSOCIATION (Master system). Within one year of permit issu.nce or concurrent with th~ engineering certification at construction completion, whichever com~s first, the permittee shall submit a copy of the recorded deed restriction~ (or declaration of condominium, if applicable), a copy of the filed articles of incorporation, and a copy of the certificate of incorporation for the association. 3. Discharge Facilities: 1-1.08' W X 1.08' H TRIANGOLAR ORIFICE with invert at elev. 8.5' NGVD. Receivin9 body : LWDO E-4 Canal Control elav : 8.5 feet NGVD. /8.5 FEET NGVD DRY SEASON. 4. The pe.:r:mittl!:e shall be re~pon.!!ible for the correction of any erosion, Shoaling or water quality problems that result from the construction or operation of th& $urface water management system. 5. Measu:re!! shall bl! taken during construction to insure that sedimentation and/or turbidity viol~tions do not occur in the receiving water. 6. The District reserves the right to require that additional ...ater quality treatment methods be incorporated into the drainaqe system if such measures are shown to be necessary. 7. Lak<< side slopes shall be no steeper two feet below the control elevation. 2 feet below to 1 foot above control shown on the plans. 8. Facilities other than thos~ $tated herein $hall not be constructed without an approved modification of this peLmit. than 4:1 (horizontal:vertical) to a depth of Side slopes shall be nurtured or planted from elevation to insurQ vegetative 9ro~h, unl~ss 9. A stable, permanent and accessible elevation reference ~hall be establi,shed on or within one hundred (100) feet of all permitted di~charge' structurlJs no later than the submi~sion of the certification report. ThlJ loc~tion ot the elevation reference mU8t be noted on or with the certific~tion report_ 10. The permittee shall provide routine maintenance of all of the component:s of the surface water managQIllent system in order to remove ~ll trapped sediments/debris. All materials shall be properlY disposed of as required by law. Failur~ to properly maintain the system may result in advl!:rse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably dem.onstrat.s that adve:l:"e water resource related impacts will not bOil caused by the completed permit activity. Should any adverse imp~cts caused by the coIltPleted surface water managGlMl!nt system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surtaclil wat@r manaqernent system, if necessary, to eliminate the cause or the adverse impacts. 12. Minimum building floor elevation! 14.25 feet NGVD. 13. Minimum road crown elevation: 11.60 feet NGVD. 14. Prior to any f~ture construction, the permittee shall apply for and receive a permit modification. As part of the permit application, the applicant for that phase shall provide documentation verifying that the proposed construction is consistent with the desiqn of the master surfaee water m.nagement system, includinq the land use and 60/VIa'd 968'3a39t%t (].lM~ tc : n sooc-a-mr PERMIT NO: 50-06BOB-P PAGE 3 OF 6 site Qradinq .ssumptions. 15. No construction is authorized until ~uch tim~ a~ the permittee acquires title to all the land within the proposed construction project. 16. Prior to the cOJl\ltlenCli!ment of construction and pursuant to Subsection 40E-4 .101 (2). F.A.C., tha parmittee shall demonstrate owner$hip of thQ projact ~~6a to the District's Environmental Resource Compliance staff. 60/S0. d 9689C89t9St <IWM~ GG: t t SOOC-LZ-NIlf PERM1'l' NO: 50-06BOB-P PAGE 4 OF 6 C3NBRAL CONDITIONS 1. All activities authorized by this permit shall be implemented .$ set forth in the plans, specifications and perforlllsnce criteria as approved by this prrmit. Any deviation from the permitted activity and the conditions for undertaking that activity ~hall constitute a violation of this permit and Part IV, Chapter 373. t.S. 2. This permit or a copy thlilrC!of, complgtl! with all conditions, attachment~, exhibits, and modifications shall be kept at the 'roIork site of the pG!rmitted activity. The complete permit shall be available ;for review at the ,",ark site upon request by District staff. The permittee shall require the contractor to review the cOll1plete permit prior to co~~encement of the activity authorized by this permit. 3. Acti vities approved by this permit shall be conducted in a manner which does not cause viol~tions of State water quality standards. The permittee shall iroplament best management practice$ for erosion and ~o1lution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures sh.ll be completed within 7 days of any con~truction activity. Turbidity barriers shall be installed and maintained at all locations where tha possibility of transferring suspended solids into the receiving waterbody exists due to the permittlild work. Turbidity barriers shall remain in place at all locations until construction is completed and .soils are stabili~ed and veqetation has been established. All practices shall be in accordance with the quidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department ot Environmental Rwgulation, 1988), incorporated by reference in Rule 40E-4.091, F.A.C. unlen a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsiblli for the reIlloval of the barrier:s. The permittee shall. correct any erosion or shoaling that causes adverslil impacts to the water resources. 4. The permitte. shall notify the District of the anticipated construction start date within 30 days of the date that this pRrmit is iS$ued_ At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to tne District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee sh.ll submit construction status reports to the District on an annual basis utili%inq an annual status report form. Status report forms shall be submitted the followinq June of each year. 6. Within 30 days: aft.er completion of construction of the permitted activity, thliil peI1llitelt shall submit a written !!ltatement of COlllpletion and certification by a professional engineer or othe~ individual authorized by law, utilizing the supplied Environmental R~source/Surface Water Management Permit Con$truction Completion/certi:t:ic:ation Form Number 08BlA, or EnvironIllent;al Resource/Surface Watc:z:- Management P~rmit Construotion Complation Certification - For Project~ Permitted prior to October 3, 1995 Form No. OB81B, incorporated by ref~rence in Rule 40E-l.659, F.A.C. ThQ state:ment of conipletion and cQrtification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determininq if the work was completed in compliance with peI1llitted plans and specifications. This submittal shall s&rve to notify the District that the syst~ is ready for inspection . Additionally, if deviation from the approved drawings are discovered durinq the certification process, the certification must be accQttlpanied by a copy of the approved permit drawinqs with deviations noted. Soth the oriqinal and revised specifications must be clearly shown. Th. plans must be clearly labeled as "as-built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the pli!rmittee has complied with the requirements of condition (6) above, and submitted a requeBt 60/90. d 9689G89l9Sl ClWM=lS CZ : H SOOG-lZ-Nlf PERMIT NO: 5o-06BOa-p PAGE 5 OF 6 tor conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the Di~trict determine~ the ~y~tem to be in compliance with the permitted plans and specifications; and the entity approued by the District in accordance with sections 9.0 and 10.0 of the Ba~is of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be tr4nsferrad to such approved operation and rn"intenance entity until the operation phase of the permit become3 effective. Following inspection and approval or the permitted system by the District, the permittee sh.ll initiate transfer or the p~rmit to the approved responsible operating entity ir different fram the permittee. Until the permit is transferred pursuant to Section 40E-l.6107, F.A.C., the permittee shall be liable fer compliance with the terms of the p~rmit. 8. Each phase or independent portion of the permitt~d systlim must ~ completed in accordance ~ith the permitted plans and permit conditions prior to the initiation of the permitted U.5e of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an ea.ement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be rtcorded in the public t'li!cords and submitt~d to thli! District alonq with any other final operation and maintenance document:ll required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Re!$ource Permit application:! within the South Florida Water M.n~gement. District, prior to lot or units sales or prior to the C:::01'npletion or the system, whichever comeS first. Other document3 concerning the establishment and authority of the operating entity must be filed with the Secretary of state, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation or the system is accepted by the local government entity. Failure to submit the appropriate tinal documents will result in the permittee remaininq liable for carrying out maintenance and operation of the permitted system and _ny other permit conditions. 10. Should ;jlny other regulatory agency require changes to the p~rmitt~d system, tl'le permittee shall notify the District in writing of the chanQes prior to implementation 50 that a determination can be made whether a permit moditication is required. 11. This permit does not el1minate the necessity to obtain any required federal, state, local and special district authorizations prior to the :lItart of any activity approved by this permit, This pemi t does not convey to the perroi ttlre er create in the permittee any prope~ty right, or any interest in real property, nor does it .uthorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any right.!! Or privileqes other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C.. 12. The permi tt9ca is hereby advised th.t Slilction 253.77, F. S _ statt~3 that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the. State, the title to whieh is vested in the Board of Trustees of the Internal Improvement Trust Fund Yithout obtaining the rgquired lease, license, easement, or other form of consent authorizinq the proposed use. Therefore, the permittee is responsible fer obtaining any necessary authorizations from the Board of Trustee~ prior to commencing aetivity on sovereignty lands or other stat@- owned lands. 13. The permittee must obtain a Water 059 permit prior to construction dewaterinQ, unless the work qualifies for a qeneral permit pursuant to Subsection 40E-20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and saV8 the District harmless from any and all dam.ges, elaims, or liabilitie:s which may arise by reason of the construction, ~llteration, operation, maintenance, removal, abandonment or use of any system author1~cd by the 6l1l/1.0'd 96l39G8'3 I9S I (]I..I'8S CZ: II SOOC:-lZ-Nlf PERMIT NO: SO-06S08-P PAGE 6 OF 6 permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, includinq plans or other supportinq documentation, shall not be considered bindinQ, unless . specific condition ot this permit or ;l formal d.termination under Section 373.421(2}, F.S., provides otherwise. 16. Th~ permittee shall notify the District in writinq within 3D days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownerShip or transfers of a permit are subject to the requirements of Rules 40€-1.6105 and 4DE- 1. 6107, F .A, C. . The p.nnittee transferring the perIni t. shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the pe:rmittee, District authorized "taft with pt'oper identification shall have permission to enter, inspect, sample and test the system to insure conformity with th~ plans and specifications approved by the permit. 18. If historical or archaeological artifacts a're discovered at any time on the project site, the pennittee shall immediately notify the appropriate District service center, 19. The permittee shall inlmediately notify the District in writing of any previously submitted into~tion that is later discovered to be inaccurate. 60/80'd 958ge8919S1 a~ ~c : II S00l-l.C-Nfll' 60 . d ltllD1 ENVIRONMENTAL RESOURCE PERMIT CHAPTER 40E-4 (10/95) 4OE-4.J21 Duration of Permits (1) Unless revoked or otherwise modified the duration of an environmental resource permit issued under this chapter or Chapter 40E-40, F.A.C. Is as follows: (a) For 8 conceptual approval, two years from the date of issuance or the date specified as a condition of the permit, unless within that period an application for an Individual or standard general permit is filed for any portion of the proJrtet. If an application for an environmental resource permit is filed, then the conceptual approval remains valid unttl final action is taken on the environmental resource permit application. If the application is granted, then the conceptual approval is valid for an additional two years from the date of issuance of the permit. Conceptual approvals which have no Individual or standard general environmental resource permit appHcations filed for a period of two years shall expire automatically at the end of the two year period. (b) For a conceptual approval filed CClncurrently with a development of regional impact (DR!) appliCation fer development approval (ADA) and, local gcvernment comprehensive plan amendment, the duration of the conceptual approval shall be two years from whichever one of the fonowlng occurs at the latest date: 1. the effective date of the loesl governmenfs comprehensive plan amendment 2. the effective date of the local government development order. 3. the date on which the District issues the conceptual approval. or 4. the latest date of the resolution of any Chapter 120.57, FAC., administrative proceeding or other legal appeals. (el For an individual or standard 9tnenll environmental resource permit, five years from the date of issuance or such amount of time as made a condition of the permit. (d) For a noticed general permit issued pursuant to chapter 40-E-400, FAC., five yeal'i from the date the l'\Ot~ of Intent to use the permit Is provided to the Di&trict (2)(a) Unless prescribed by special permit condition. permits expire automatically according 10 the timeframes indicated in thi& rule. If application for extension Is made in writing pursuant to subsection (3), the permit shall remain in full force and effect until: 1. the Governing Board takes action on an application for elCtenslon of an individual permit. or 2. staff takes action on an application for extension of a standard general permit (b) Installation of the project outfBU structure shall not constitute a vesting of the permit (3) The permit extension shall be i&sued provided that a permittee files a written request with the District showing gcod cause prior to the expiration of the permit For the purpose of this rule. good cause shill meiln iI set of extenuating clrcumstances outside of the control of the permittee. Requests for extensions, which shan include documentation of the extenuating circumstances and how they have delayed this project, will not be i1Ccepted more than , sO days prior to the expiration date. (4) Substantial modifications to Conceptual Approvals will extend the duration of the Conceptual Approval for two years from the date of issuance of the modification. For the purposes of this section. the term .substantial modification" shell mean a modification Which is reasonably expected to lead to substantially different water resource or envlronmentIIJ Impacts which require a detailed review. (5) Substantial modifications to individual or standard general environmental resource permits issued pursuant to a permit application e~nd the du~on of the permit for three years from the date of issuance of the modification. IndiVIdual Dr standard general environmental resource permit modifications do not extend the duration of. conceptual approval. (5) Permit modifaeatlonslssued pursuant to subsection 40E-4.331 (2}(b), F.A.C. (tetter modlflc:ations) do not el(tend the duration of . permit (7) Failure to complete construction or alteration of the surface water management system and obtai" operation phase approval from the DiStrict within the permit duration shall require a new permit authorization in order to continue construction unleis a permit extension is granted. spec:ifIc authority 313.044. :173.113 F.S. L.avt Implemented 373.<413, 373.4115,373.4111.373.428 F.S. HIstory-New 9-H1. ArnItl1ded 1..31-82. 12-1-82, F~ 1GK-4.07(4), Amended 7-1-86, 4/2C11V4, A1MnCled 7-1a. 4120194, '0..3-95 60/60' d 9689G89t9St cn.I'I=IS ~c: tt SOOG-lZ-tfif ...... -'"-., - ......... """ - .. . July 2005 - - .. - - Boynton Town Center Palm Beach County, Florida .. .. - ... Lake Management Plan ... .. - .. Prepared for: Boynton Beach Place, LLC - .. ... Prepared by: Kimley-Horn and Associates, Inc. 601 21 st Street, Suite 300 Vera Beach, Florida 32960 - .. - .. - . - ~-1nI Kimley-Ho~n ,-[--~ and Associates, Inc. . - . @Kim1ey-Hom and Associates, Inc., 2005 047148007.1102 - . TABLE OF CONTENTS 1.0 In trod u cti on........................................................................................................... 1 2.0 Site Descri p ti on...................................................................................................... 1 3.0 Littoral Zone Construction .................................................................................. 1 3.1 Delineation and Surveying Specifications ...................................................... 1 3.2 Prohibited Activities in Littoral and Upland Transitional Zones .................... 1 4.0 Maintenance and Management............................................................................. 2 4.1 Exotic and Nuisance................................................................... ..................... 2 4.2 Short Term Maintenance.. ......................... .................................... ......... .........2 4.3 Long Term Maintenance .................................................................................2 4.4 Monitoring Program........................................................................................ 3 4.5 Inspections....................................................................................................... 3 5.0 Responsibility and Enforcement ............ .............................................. ................ 4 5.1 Enforcement.................................................................................................... 4 5.2 Responsibilities............................................................................................... 4 6. 0 References .................... .................... ........................ ... ........................................... 4 1.0 Introduction The following Lake Management Plan has been provided by the Owner/Developer of the Boynton Town Center I-C3 project. The Lake Management Plan shall be used to govern activities or concerns related to the off-site stormwater lake and two on-site stormwater ponds noted in the attached Littoral Landscape Plan for the Boynton Town Center, City of Boynton Beach, Florida. The Plan conforms to the City of Boynton Beach Land Development Regulations regarding the protection and incorporation of native plant ecosystems into development lake tracts. The lake and ponds and their management shall be the responsibility of the master property owners association in perpetuity. 2.0 Site Description The lake and ponds referenced in this Lake Management Plan are located within Phase I SMU-Lake Parcel - Retention Pond 1 (8.38 acres) and Phase I-C3 [Retention Pond 2 (0.52 acres), Retention Pond 3 (OAl acres)]. The applicant proposes to plant aquatic and transitional wetland species on the littoral shelves and lake maintenance easements of the lake and ponds per the City of Boynton Beach Code of Ordinances, Part III Land Development Regulations, Chapter 7.5 Environmental Regulation, Article II Landscape Code, Section 5.R (Upland Buffer/Littoral Plantings). 3.0 Littoral Zone Construction 3.1 Delineation and Surveying Specifications The lake and ponds shall be staked and field surveyed based on the approved Final Site Plan so as to maintain compliance with required area calculations. Creation of littoral shelves shall be completed around the constructed lake retention ponds as shown in the attached Littoral Landscape Plan. These littoral and transition zones shall be developed to create a variety of niches and ecotones and shall be vegetated with suitable native plant species. Littoral zone planting elevations are referenced to control water elevation of 8.5 NGVD and include areas down to 2.0 feet below control elevation. Upland transitional plantings extend upland from 8.5 NGVD to approximately 10.5 NGVD. The littoral zone shall be provided with a minimum of six (6) inches of organic topsoil to promote vegetative growth if soil conditions are determined to be unsuitable for littoral plant establishment. The littoral zone shall be planted with appropriate native wetland vegetation, spaced as shown on the Littoral Landscape Plan. 3.2 Prohibited Activities in Littoral and Upland Transitional Zones No construction or alteration shall be permitted within the lake and pond areas as reflected on the Littoral Landscape Plan, except as necessary in connection with proposed lake and pond restoration/enhancements or maintenance functions required for stormwater facilities. Prohibited activities within the littoral and upland transitional zones of the lake and pond areas include: Page I . Construction or storage of building materials, soil, debris, trash or hazardous materials . Mowing or the placement of sod . Removal of native trees, shrubs or other valuable vegetation . Excavation, dredging, soil removal or activities, which create erosion . Parking or operation of vehicles . Any activity that would be detrimental to drainage, erosion control, habitat or wildlife preservation or conservation 4.0 Maintenance and Management . 4.1 Exotic and Nuisance Activities that are allowed in lake and pond littoral and transitional areas shall include removal and eradication of exotic and nuisance species, trash and debris. To minimize potential disturbance to surrounding vegetation, eradication of exotic and nuisance species may be accomplished by herbicide treatment. The type of herbicide utilized will depend upon the target species. Best management practices shall be implemented for all herbicide treatment to avoid overspray or damage to native vegetation. All activities within lake and pond littoral and transitional areas shall take proper care to avoid damage or disturbance of existing habitat. All Exotic and Nuisance vegetation, as defined by the Florida Exotic Pest Plant Council's most current List of Invasive Species, shall be eradicated from within the lake and pond littoral and transitional areas and from on site. 4.2 Short Term Maintenance A monthly maintenance program shall be implemented to control invasive exotic and nuisance plant species and maintain lake and pond littoral and transitional zones as functioning habitats. During routine maintenance events, all trees, shrubs and other plants shall be maintained by pruning, cultivating and fertilizing as required for healthy growth. All noxious plant species (Category I and II Exotic and Nuisance vegetation) shall be manually removed if possible. However, due to the invasiveness and control difficulty of species such as torpedo grass, herbicide control may be utilized depending on type and severity of problem. Herbicide treatment, if necessary, shall consist of controlled selective treatment of exotic or nuisance growth. Herbicides utilized shall be EP A registered products approved for use in the State of Florida that have been shown to present a wide margin of safety for fish, waterfowl and human life. Any herbicide treatment shall be conducted by personnel certified and licensed for such application in the State of Florida and in strict accordance with manufacturer recommendations. The maintenance programs will be conducted in an environmentally sensitive manner by hand or chemically (Cotleur & Hearing, Inc., 2004). 4.3 Long Term Maintenance Lake littoral planting shall be maintained in accordance with the City of Boynton Beach Land Development Code and the Littoral Landscape Plan. At a minimum eighty-percent Page 2 (80%) vegetative coverage and the survivorship of littoral zone painting area shall be maintained. Exotic, invasive, and non-native invasive shall be kept free of the littoral planting area. Such species shall be maintained at <10% coverage at all times. The City of Boynton Beach approval shall be obtained prior to any reconfiguration of the approved lake littoral and transition zones. Written approval shall be obtained from the City of Boynton Beach prior to modification of the planted littoral or upland zones. .;~ 4.4 Monitoring Program Upon completion of initial littoral zone development, routine maintenance and monitoring will be initiated according to the following specifications. The littoral and upland transitional zones shall be inspected and monitored for one (I) year after planting. During this one-year maintenance and monitoring period, maintenance shall occur monthly and monitoring shall occur quarterly following final grading, planting and site stabilization. The maintenance and monitoring program shall consist of the following: Inspections, monitoring, exotic removal and replanting during each monitoring period to maintain the minimum eighty-percent (80%) survivorship criteria for the planted littoral zone. Construction areas shall be maintained in accordance with the "Regulated Substances Management Practices for the Construction Industry." A time zero report and quarterly monitoring reports will be prepared within 30 days of site monitoring. Each report shall be submitted to the landscape architect and owner within thirty (30) days of the completion of the monitoring period. The time zero monitoring report for this project shall include a signed and sealed as-built drawing. Each monitoring report, including the time zero, shall assess the percent cover, percent survivability, natural species recruitment and related upland transitional areas. Fixed point photograph stations will be established for comparative purposes throughout the monitoring period. A sufficient number of photograph stations shall be established such that the entire littoral zone planting for each lake is represented. A description of maintenance activities including supplemental planting shall be included with each report. After the first year, the landowner or entity having maintenance responsibility for the planted littoral zone shall maintain the littoral zone in the following manner: A minimum of eighty-percent (80%) survivorship and a minimum of eighty-percent (80%) coverage of the planted littoral zone. Exotic, non-native invasive, and invasive plant species as defined by the Florida Exotic Pest Plant Council's most current List of Invasive Species, shall be restricted to less than ten-percent (10%) of the required planted littoral zone. 4.5 Inspections Prior to planting the littoral zone, contractor shall prepare an as-built with sufficient number of cross sections to allow landscape architect or biologist to verify that the slopes have been constructed in accordance with the design plans. The time zero monitoring report shall be submitted with an as-built drawing of lake littoral and transitional plantings within (30) days of completion of plantings. Monitoring reports shall be submitted to the landscape architect and the owner. Page 3 5.0 Responsibility and Enforcement 5.1 Enforcement The Lake Management Plan will not be changed without the approval of the City of Boynton Beach, and the City shall have the right to enforce the provisions of the Lake Management Plan through any available administrative or civil proceeding which may result in penalties, appropriate vegetation and other remedies as against any person, corporation or other entity in violation of any of the provisions of the Lake Management Plan. 5.2 Responsibilities The Affidavit of Responsibility identifies the responsible party for maintenance and protection of the lakes and ponds shall be Boynton Beach Place, LLC. The Developer has agreed to manage the encroachment of exotic vegetation and manage the lake and pond littoral and transitional zones in accordance with guidelines set forth by the City of Boynton Beach. These management practices are intended to improve the potential utilization of these areas by various types of wildlife. The Owner/Developer of the Boynton Town Center I-C3 site shall have the responsibility of maintaining the lake and pond areas free of litter, debris and yard clippings. Lake and pond management shall be the responsibility of Boynton Town Center from the point that the project has been completed. Boynton Town Center shall be responsible for the continued eradication of exotics. Initial implementation and future management of all lake and pond areas within the property will be the responsibility of the developer or its successors and/or assigns. 6.0 References Cotleur & Hearing, Inc. Lake Management Plan Renaissance Commons. 2004. 5:\047\047148007 Boynton Commons\ENV\Lake Management Plan\LAKE MANAGEMENT PLAN 7 27 OS.doc Page 4 1. HAVE YOU SPOKEN TO STAFF MEMBER ABOUT THE PROJECT? . Yes No (IF YES, HA VB THOSE STAFF METYffiERS BEEN SCHEDULED FOR THE PRE- APPLICATION MEETING? STAFF MEMBERS NAME: LOCATIO~~~~~~~~RSECTIONS) .. r ~'-... .. ;,to' .0' f Applicant's l'{ame: 2. TimeandDateofMeetin",~ c1~ ~ /O#~ Those attending meeti,og:./ . '/1l<.~ c'c( C~/.:::J Ii ~u~ t..J ';n~ . Phone: 7702-- '7 fL/: -0>r.fY 3. WHAT WOULD YOU LIKE TO DO? V NEW PROJECT BUILDING EXPANSION OR MODIFICATION. CHANGE IN PRIOR USE? IS THE STRUCTURE CURRENTLY VACANT? VARIANCE TYPE: POOL OR SCREEN ENCLOSURE CONIMERCIAL PROPERTY? RESIDENTIAL PROPERTY? INDUSTRIAL PROPERTY? DO YOU KNOW THE ZONING CODE DESIGNATION? ~ 4. TIME AND DATE PREFERRED 5. HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING? '. Note: Tell the persoll tltat someone/rom tlte Departmellt will call tit em to confirm tlte lIIee/blg. ................................................................................., Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled .0 less than two (2)' days prior to date/time of meeting. If urgency is sensed, discuss with Mike or Lusia. Meetin25 may be scheduled: Monday afternoons . Tuesday all day Wednesday all clay . Thursday mornings Note: Lusia is not available for Tuesday a.m. meetings, and Mike is not available on Mondays between 11:30 a.m. and 2:30 p.rn. \P18Ming\PIllMing\Prc.applicntioncontactquestions.doc .~.. Phone 17J...- ..., c=~ ? / / ' <:('. )7'--~1. ., Vl-(;V1 I ~ ~~ ,; f' t/ PRE-APPUCATION CONFERENCE REVIEW FORM , (/ZJ,4m /() /.1 Time Started: /0 Time Finished: If '//11 C tu~ ~ - /r:~,-~ Y~~1'1- / / 71tf- L/(),fJY ~ /. ~ Ci:-ti: -I CI. /cc~ oJ ~ I . . "t Date 9-/0- 6:./ Attending as Applicant Fax Proposed Project Name and ./~ Type/Use 1"-./ I<e.. Site Location (Address If Available) Site PCN existing Zoning existing land Use/Density Antidpated Submittal Date Proposed Zoning Proposed land Use/Density I Vacant Lot Area xL. i_ Notes and Comments II tl iLr-( ~ VI..-J1-: Lot Frontage Lot Depth Setback Height Parking Requirements or Improvements landscaping/Buffering Non-conformlng Use or Change In Use Other Zoning Changes Required -EnVir-o~fal ~~Eft:lirCm8nts Notes/Comments/Recommendations NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives, polldes and codes itS related to the Proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual plans submitted for review. t'." ... I .' ,.' _. , . .~. PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT ivIEETING DATE: 'TIME' '. :. .. . . .' . 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