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