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CORRESPONDENCE 'O~~QQKE A SfANDARD PACIFIC COMPANY January 18, 2005 Mr. Quintus L. Greene Director of Development City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 RE: Petition for Creation of Monterey/Congress CDD - Plat Approval Dear Mr. Greene: In response to recent concerns pertammg to the Monterey/Congress Community Development District maintenance obligation within this future development, the plat face will be corrected prior to plat approval to reference the CDD's responsibility with respect to the public infrastructure, the stormwater system, and the mitigation area. Thank you for your cooperation with this matter. Thank you, ~~ David F . Webber Sr. Vice President 1860 Old Okeechobee Road, Suite 503 · West Palm Beach, FL 33409 TEL (561) 242-6194 · FAX (561) 242-9086 Page 1 of2 Matras, Hanna Sent: To: Mike Pawelczyk [mpawelczyk@cityatty.com] Saturday, January 15, 2005 9:35 AM MatrasH@ci.boynton-beach.fI.us Swanson, Lynn; Rumpfm@cLboynton-beach.fI.us; breesee@cLboynton-beach.fl.us; bressnerk@cLboynton-beach.fI.us; Jim Cherof; kelleyd@cLboynton-beach.fI.us; dlyles@bchlm.com Subject: RE: Monterey/Congress CDD From: Cc: Hanna: Following up on our telephone conversation yesterday afternoon, I had the opportunity to speak with Dennis Lyles, Esq., attorney for the above referenced and to-be-formed community development district. We specifically discussed the issue set forth in my e-mail to you dated January 12, 2005; the issue being the role of the CDD as compared to the notations regarding maintenance on the draft plat documents. Mr. Lyles confirmed, as you and I have discussed, that the face of the plat will be corrected prior to plat approval to reference the CDD's responsibility with respect to the public infrastructure, the stormwater system, and the mitigation area. You can expect to receive a letter of confirmation to this effect from the developer prior to the meeting on Tuesday. The platting process is a separate process from the creation of the CDD. But, it does appear that the creation of the CDD is being coordinated with the plat review. Accordingly, this office has no legal objection to the City Commission considering and approving, at second reading, the ordinance providing for the creation of the CDD. You have also asked that I review the Wetlands Mitigation Plan and the form Maintenance Agreement attached to your January 14ththe-mail below, and I have done so. My comments are as follows: 1. When the CDD Ordinance was approved on first reading, I believe the Commission's concern with the Mitigation Area was that it remain and be maintained as an environmental/conservation area in perpetuity. I believe the plat makes reference to this area being restricted from any development and that it be maintained as an environmental/conservation mitigation area. If not, before the plat is finalized, the City must assure that the appropriate restrictions on this area have been imposed. 2. I have not been provided with any information concerning the Maintenance Agreement, and therefore, have merely reviewed the legal form of the document. Under the Agreement, the Municipality is accepting responsibility for maintaining certain improvements constructed by the developer of the Community Development District. Please carefully review the terms of this Agreement to assure that the relationship between the City and the CDD is accurately described. If City staff has any comments or changes regarding the content of the Maintenance Agreement, the developer needs to be advised. The developer will likely be willing to make reasonable changes to the content of this Agreement in order to accommodate the City. This 1/1812005 Page 2 of2 should not, however, hold up the review of the CDD Ordinance on second reading, as Commission approval can be contingent on the implementation of such changes into the Agreement. In reviewing the legal form of the document, I have made one change to Section 7.0, adding the phrase, "To the extent permitted by law" to the beginning of the section. The revised document is attached. Please contact me on Tuesday morning to briefly discuss this item and to resolve last minute issues, if any. Michael J. Pawelczyk Assistant City Attorney From: Swanson, Lynn [mailto:SwansonL@ci.boynton-beach.fl.us] Sent: Friday, January 14, 20059:55 AM To: Mike Pawelczyk Subject: FW: Monterey/Congress CDD 1/1812005 ~{\"a.te Pal"{; ~1')61 l~~~ :'d>\ · 0 S · <f) 1:1 9; g. .~ ~~ ....c5) 0 'lJlJe d a\-e I\\~ Spe\;lal District Services, Inc. ' December 8, 2004 Mr. Quintus L. Greene Director of Development City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fla. 33425-0310 RE: Petition for Creation of Monterey/Congress Community Development District Dear Mr. Greene: This letter will serve as the formal request for a time extension from the requirements of Chapter 190.005(2)(b), Florida Statutes to hold the Public Hearing for the above referenced petition within 45 days after the petition is filed. I acknowledge that Westbrooke is responsible for advertising for the Public Hearing. Proof of publication will be provided prior to the January 4,2004 hearing. Thank you for your assistance in this matter. If there is anything else that is required, please let me know. Very truly yours, ,"/ /) , / --1----/' ;' / .-i- l l..c {.cj t;,/-;r: --vvu~J-cl.v~ Peter L. Pimentel President Enclosures np' u!~,_,}, Harbour Point Plaza 11000 Prosperity Farms Road · Suite 104 · Palm Beach Gardens, FL 33410 Phone 561.630.4922 · Fax 561.630.4923 · Toll Free 877.737.4922 ~~<\"a.te Pqt"fl]& ~v ~ !~~~ · 0 s ~ ell 1:) 9; If. .~ ~~ "'~ 0 'lIlJe d a\'e I'\~ Special District Services, Inc. October 4,2004 Mr. Quintus Greene Development Director City of Boynton Beach P.O. Box 310 Boynton Beach, Fla. 33425-0310 RE: Petition for the Creation of Monterey/Congress Community Development District Dear Mr. Greene: This letter will serve as the formal request for a time extension from the requirements of Chapter 190.005(2)(b), Florida Statutes to hold the Public Hearing for the above referenced petition within 45 days after the petition is filed. It is our understanding that the Public Hearing is now set for November 16, 2004 and the second reading is December 7, 2004. Thank you for your assistance in this matter. If there is anything else that is required, please let me know. Very truly yours, /} ~1.. /) ~i~- f:iz:K..::t1 Peter L. Pimentel President c. c..', t \(A..(\" c - tv, (( t i?L.\ A-\ ; V-e ev.;v'fF (x ~i ,l..JL ) , ., .... Q ..-i,...... ........C ~~r' '~l ,"'p'" 11000 Prosperity Farms Road · Suite 104 · Palm Beach Gardens, FL 33410 Phone 561.630.4922 · Fax 561.630.4923 · Toll Free 877.737.4922 fC~<\-Ja.te Part/)& ~v 'd> l~~~ · DS ~ (/I "t7 9; S. .~ ~~ ....19 0 'lJlJed a\-el'\> Special District Services, Inc. August 30, 2004 rnl [=~3'~ ....~ ~ '\1 ~ I'"~ II '- "-"'-, I ~:,.\ ( i i J ~I , ')' I ~ , f !. / I L . .:J Mr. Quintus L. Greene Director of Development City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fla. 33425-0310 t rr" l , 'r RE: Petition for Creation of Monterey/Congress Community Development District Dear Mr. Greene: Enclosed please find one original and eight copies of the Petition of Westbrooke Homes for the formation of the Monterey/Congress Community Development District. The Petition is submitted in compliance with Chapter 190, Florida Statutes and, in summary, requests (1) that the City hold a Public Hearing as required by Section 190.005(2)(b), F.S. and (2) adopt an ordinance granting the Petition and establish the High Ridge/Quantum Community Development District. Also enclosed is check number 60011810 from Westbrooke Homes in the amount of $15,000 which represents the filing fee for processing the petition. I acknowledge that Westbrooke is responsible for advertising the hearing. Proof of publication will be provided prior to the Public Hearing. Please advise as to the date and time of the Public Hearing. Thank you for your assistance in this matter. If there is anything else that is required, please let me know. Very truly yours::; f}kiJ;, ,d ,-:j l Peter L. Pimentel President Enclosures 11000 Prosperity Farms Road · Suite 104 · Palm Beach Gardens, FL 33410 Phone 561.630.4922 · Fax 561.630.4923 · Toll Free 877.737.4922