CORRESPONDENCE
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
August 23, 2005
Ms. Stacy Bomar
Stacy Bomar Construction, LLC
1616 SW 18th Avenue
Fort Lauderdale, FL 33312
Re: Nautica
MMSP 05-024
Dear Ms. Bomar:
In response to your request date-stamped May 12, 2005 and the
previous letter from Nautica Sound HOA Vice President Neil Redmond
dated April 7, 2005 for the administrative review and approval of
the modifications proposed to the above-referenced approved site
plan, depicting the following:
. Addition of security gates at the north and south entrances to
Nautica (as depicted on the attached plan) .
Please be informed that the proposed changes on the revised
date stamped 8/16/05 are "minor" as defined within the
Development Regulations I Chapter 4 Si te Plan Review.
project may continue to be processed by the Building Division
permit application, subject to the following conditions:
plan
Land
This
as a
1. The proposed telephone entry pedestal is being placed inside a
utility easement containing both active water and sewer mains. The
homeowners associations shall provide a hold-harmless agreement for
this structure in the event of its damage during repair operations
that may be required during the life of the existing utilities.
2. The six foot high aluminum picket fence proposed to be installed in
a north /south direction from the gate location shall not extend
beyond the 80 foot right-of-way of the northern entrance road
depicted on the approved drawing.
3. The HOA must provide the access code for the security gates to
Public Works, Police and Fire prior to final inspection.
4. Please note that changes or revisions to these plans may generate
additional comments. Acceptance of these plans during the minor
modification process does not ensure that additional comments may
not be generated at permit review.
. Page 2
August 23, 2005
Be advised that the proposed changes may require a modification to
the building permit. Please contact me at (561) 742-6260 if you
have additional questions.
Sincerely,
Ed Breese, Principal Planner
Cc: Karen Main, Plan Review Analyst
Laurinda Logan, Senior Engineer
John Huntington, Crime Prevention
Rodger Kemmer, Deputy Fire Chief
Aug 22 05 10:08p
SSC LLC
9548289833
p.2
. ~
THIS FORM pREI'ARED BY:'
MICHAEL I. 'PAWELCZYK., ESQ.
CIT'l OF BOYNTON BEACH. CITY A TIORNEY'S OFFICE
P.o. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
(561) 375-6050
HOLD HARMLESS AGREEMENT
IIWE, J H l. tJ A (/ ; I CA- J(. o. A. amJare the property owner (s)
. of the real property located at, B 0 (;) () i ~ j( Mud A 50 v /In) WA 1
, Boynton Beach, Palm Beach County, Florida, having the following
legal description:
PCN:
As the Property Owner (s),
() po THE. N. H. 0 I A,
agree (s) to protect,
defend, indemnify and hold the City of ~~yntoI:1 Beach, its officials, employees, and
agents, or successors thereof,. harmless from and against any and all1awsuits,' penalties,
. damages, settlements, judgments, decrees, legal costs, cha1'ges, removal, excavation, and
other expenses or liabilities of every kind i.il conne~tion with or arising from. the
insta1iatio~ maintenance, repair, removal, or excavation ~f utility equipme~t, lines, or
'structures' of any kind whatsoever. Property owner (s) agree and acknowledg~' that
should the City of Boynton Beach, or its successor have to' remove any struc1:Ui-es,
driveways, pools, patios, walls~ trees, vegetation, ~. or gravel in order to conduct
, neCessary maintenance, repair, or installation of utilities on said property, the
Aug 22 05 10:09p
SSC LLC
9548289833
p.3
~ ;
- restoration costs associated therewith shall- be the sole responsibility of Property Owner (~).
This H~ld Harmless shall 'be recorded in the Public Records of Palm Beach County,
Florida, and shall encumber the above-described property, the property owner (s) and his or
her successors and assigns.
IN WITNESS WHEREOF, I have hereunto set my hand and se~ this tf 1(~y of
A,lc'
,"LOO~
Signed,' sealed and delivered
inr:c"X' ~
fJ'{)bI~ L, L.YJJC~ fJl(t~ 1J.}/.d.A.
Printed Name
Printed Name
STATE OF FLORIDA )
) SS;
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to 1- h
admini~!J" and take aclmoWl~ts. p.ersonallyappeared (f lJ:::k /--r tv v -
as ~~ . ' of.M ) } ~/r )),O)/' . known to me to be the person
described. in and who executed the foregoing instiument, who acknowledge before me that he
executed the same, is personally known to me and an oath was not taken.
.' "
Wi1ness my hand and official seal ~e County and State last aforesaid this ~J day of
j?Vv-IAJJ . ;2oCJJ .
J\:.')")r1 } 1/
~, Jerome H. SchmItt
\~; My Commiaalon D02t1W
Of" Expires March 07 2008
My Commission Expires:
CITY OF BOYNTON BEACH, FLORIDA
MEMORANDUM
TO:
Ed Breese, Principal Planner
CC:
Quintus Greene, Director of Development
Mike Rumpf, Director of Planning & Zoning
Don Johnson, Building Official
James A. Cherof, City Attorney
Michael J. Pawelczyk, Assistant City AttorneijiJr
Nautica HOA - Proposed Gate Installation
FROM:
RE:
DATE:
February 2, 2005
This is in response to your memorandum to the City Attorney, dated January 27, 2005, and
requesting review of the above matter. You indicate that you received a copy of a letter from a
Nautica resident who is opposed to a homeowner's association proposal to gate the community.
Based on the information contained in the back-up you provided, this appears to be a private
matter between the Board of Directors for the HOA and several residents. This office cannot
provide private legal assistance to the Board of Directors, the HOA, or those residing within the
HOA.
As you know, when reviewing a permit application, the building and zoning division will, in
general, review the application to determine whether or not the application complies with the
Code of Ordinances, the Florida Building Code, the Land Development Regulations, or any other
applicable codes or rules. If the requirements of the governing codes or ordinances are met, the
permit is granted.
As I am not permitted to provide private legal advise in this situation, the only recommendation I
can make is that the residents opposed to the action of the HOA seek legal assistance from a
private attorney.
Should you have any questions or wish to discuss this matter further, please do not hesitate to
contact me.
S:\ca\MJP\memos\2005\Breese (Nautica Gate) 02-02.doc
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