APPLICATION
PROJECT NAME: Rapil!() Rabbit
LOCATION: East of Congress Avenue; North of SW 30th Avenue
PCN: 08-43-46-05-09-000-0012
l!ILE NO.: CODS 05-004 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: Boynton Properties, LLC
Bradley D. Miller, AICP Anthony Pugliese III
Miller Land Planning Consultants, Inc. ADDRESS: 101 Pineapple Grove Way
ADDRESS: 298 Pineapple Grove Way Delray Beach, FL 33444
Delray Beach, FL 33444 FAX:
FAX: 561-272-1042 PHONE: 561-330-7000
-
PHONE: 561-272-0082
SUBMITTAL / RESUBMITTAL 1/5/05
1 ST REVIEW COMMENTS DUE: 1/24/05
PUBLIC NOTICE: 3/12/05
TRC MEETING: 2/15/05
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 3/22/05
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: 4/19/05
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\2004 PROJECT TRACKING INFO.doc
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City Codes Accessed via Website www.boynton-beach.Or2
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Has applicant attended a pre-application meeting?
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CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
CONDITIONAL USE APPLICATION
NOTE: This fonn must be filled out completely and accurately and must accompany all applications
submitted to the Planning Division (two (2) copies of application required).
PROJECT NAME:
Rapido Rabbit Car Wash
AGENT'S NAME: Miller Land Planning Consultants, Inc. ( Bradley D. Miller, AICP)
ADDRESS: 298 Pineapple Grove Way, Defray Beach, FL 33444
PHONE: 561.272.0082
FAX: 561.272.1042
OWNER'S NAME: Boynton Properties, LLC (Anthony Pugliese III)
( or trustee)
ADDRESS: 101 Pineapple Grove Way, Delray Beach, FL 33444
PHONE: 561.330.7000
FAX:
PROJECT LOCA nON: East side of Congress Ave., just north of SW 30th Ave.
(not legal description)
PCN NUMBER: 08.43.46.05.09.000.0012
CORRESPONDENCE ADDRESS: *
(if different than agent or owner)
*This is the only address to which aU agendas, letters and other materials will be forwarded.
Thursday, December 30,20042;18 PM
MLPC 5612721042
p.03
Date Submitted:
OI.O~U4
Applicant's Name: ffl,c:7( (O~ T)(?vQ...nF!Y l::;:- Nl J LLL (.Lt~ r13lLu i\J(I)
Applicant's Address: LlO3{p -f\-1Z--{Z;:-.s~ De. )6Q\-l,v'"7Q!'0 '~E'f\L-tf :F-L s:~}-{s <.0
Phone:
C::)0 \. 4l0. \ ltc) ~
Fax:
Legal Description: SE-~ t\=\T f\L. l'\ ~ D
Project Description: '51?Y ~-F1Cifrln ~ Sl1\l~)"l e-tJ\'
The Owner has hereby designated the above-signed person to act as his agent in regard to this petition.
(To be executed when Owner designates another to act on his behalf.)
2
2. If a contract purchase, a copy of the purchase contract and written consent of the
seller/owner, or
3. If an authorized agent, a copy of the agency agreement and written consent of the
principal/owner, or
4. If a lessee, a copy of the lease agreement and written consent of the owner, or,
5. If a corporation or other business entity, the name of the officer or person
responsible for the application, and written proof that said representatives have
the delegated authority to represent the corporation or other business entity, or in
lieu thereof, written proof that he is in fact an officer of the corporation.
b. Legal survey, prepared by a surveyor registered in the State of Florida, showing an
accurate legal description of the subject property, and the total acreage computed to the
nearest one-hundredth (11100) of an acre (these two surveys are in addition to the surveys
required on page 6 of this application, Sec. ill. 19.).
. c. Vicinity map, showing the location of the subject property in relation to the surrounding
street system.
d. Drawing showing the location of all property lying four hundred feet (400) adjacent to the
subject parcel, and a complete list of the property owners' names, mailing addresses and
legal descriptions. The owners of property shall be those recorded on the latest official
County tax rolls. Such list shall be accompanied by an affidavit stating that to the best of
the applicant's knowledge, said list is complete and accurate. Contact: Palm Beach County,
Property Appraisers Office, Attn: Mapping Division, 301 North Olive Ave., WPB, FL.
III. SITE PLAN REQUIREMENTS
Twelve (12) complete, assembled and stapled sets of plans shall be submitted. All drawings shall
be scaled and the maximum size sheet shall be 24" x 36". The following site information shall be
shown on the submitted plans or where applicable, separately submitted. Incomplete site plans
will not be processed.
(please check)
x
1. Boundaries and dimensions of the parcel.
x
2. Scale, graphic scale, north arrow, and date.
3. Adjacent properties or land uses.
x
4. Pavement edge and/or right-of-way lines for all streets, alleys, sidewalks, turn lanes,
driveways and unimproved rights-of-way within one-hundred (100) feet of the site.
Also, names of adjacent streets and rights-of-way.
x
x
5. Location of all proposed structures, and any existing structures that are to remain on
the site.
x
6. Setbacks of all structures (over 3 ft. in height) from property lines.
4
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
7. Use of each structure, indicated on the site plan.
8. Number of efficiency, I-bedroom, 2 bedroom, etc, dwelling units in each residential
structure, to be indicated on site plan.
9. Indication of height and number of stories of each structure.
10. Indication of structures, equipment, etc., above 45 foot height, including height in
excess of 45 ft.
11. Floor plans or typical floor plans for all structures.
12. Finish floor elevations of all structure.
13. Uses within each structure, indicated on floor plans.
14. Elevations or typical elevations of all structures; including materials, surfaces,
including roofs.
15. Indication of the numbers and types of recreational facilities to be provided for
residential developments.
16. Indication on site plan of location, orientation, and height of all freestanding signs
and wall signs.
17. Location of walls and fences, and indication of their height, materials, and color.
18. A landscape plan, showing conformance with the Landscape Code and Tree
Preservation Code, and showing adequate watering facilities. Plants must be keyed
out according to species, size and quantity.
19. A sealed survey, by a surveyor registered in the State of Florida, and not older than
six (6) months, showing property lines, including bearings and dimensions, north
arrow, date, scale, existing structures and paving, existing elevations on site, rights-
of-way and easements on or adjacent to the site, utilities on or adjacent to the site,
legal description, acreage to the nearest one-hundredth (1/100) of an acre, location
sketch, and surveyor's certification. Also, sizes and locations of existing trees and
shrubs, including common and botanical names, and indication as to which are to be
retained, removed, and relocated, or replaced.
20. Location of existing utility lines on or adjacent to the property to be indicated on the
site plan, in addition to being shown on the survey. Also, location of existing fire
hydrants on or adjacent to the site.
21. Location of additional fire hydrants, to meet standards set forth in Article X, Section
16 of the Subdivision and Platting Regulations.
22. Fire flow calculations justifying line size for both on/off site water lines.
5
x
x
x
x
23. Sealed engineering drawings for proposed utilities, as per City specifications.
24. Information regarding form of ownership (condominium, fee simple, lease, etc.).
25. Location and orientation of garbage cans or dumpster facilities. All garbage
dumpsters must be so located to provide direct access for the City front-endloaders,
and the dumpster area must be provided with adequate width and height clearance.
The site must be so designed to eliminate the necessity for the front-end loader to back
into any street. If any use requires the disposal of wet garbage, a ten foot by ten foot
(10' x 10') concrete slab shall be provided. All dumpsters must be screened and
landscaped in accordance with the City Landscape Code (see Sec. 7.5-35(1)). A
minimum 10- foot wide opening is required for dumpster enclosures.
26. A parking lot design and construction plan showing conformance to the City Parking
Lot Regulations, and including the following information. Any exceptions to the
Parking Lot Regulations that are proposed for that are continued will require an
application for variance to the Parking Lot Regulations.
a. Location of all parking and loading facilities.
b. A parking lot layout plan, including curbs, car stops, and double striping.
c. A cross-section of materials to be used in the construction of the parking lot.
d. A lighting plan for the building exterior and site, including exterior security
lighting, and lighting for driveways and parking lots; to include the location of
lighting standards, direction of lighting, fixture types, lamp types and sizes, and
average illumination level(s) in foot candles.
e. Information showing conformance with the City Street and Sidewalk Ordinance,
including construction of sidewalks along adjacent public streets.
f. Location of existing and proposed public and private streets, including ultimate
rights-of-way.
g. On-site traffic plan, including arrows and olher pavement markings, traffic signs,
and stop signs at exits.
h. . Location of handicap parking spaces, plus signs and access ramps, consistent with
the State Handicap Code.
1. A drainage plan for the entire site, including parking area; to include finish grade
and pavement elevations, drainage calculations, and details of the drainage
system. If the total impervious area on site exceeds twenty-five thousand (25,000)
square feet, then drainage plans and calculations must be prepared by an engineer
registered in the State of Florida, and must be sealed. Percolation tests must by
provided with drainage calculations.
6
J. Existing elevations on adjacent properties, and on adjacent rights-of-way.
x
27. Where conformance with the County's Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of Environmentally Sensitive Lands
(Environmentally Impact Study) must be submitted to the Palm Beach County
Deparbnent of Environmental Resources Management (copy to City) prior to or
concurrent with the submittal of the site plan to the City.
x
28. Submit a traffic impact analysis for the proposed use. The analysis shall comply with
the Palm Beach County Traffic Performance Standards Ordinance. Six (6) copies of
the analysis shall be submitted with all conditional use applications.
NOTE: Failure to submit traffic impact analysis in the manner described above may delay approval of
the site plan application.
x
29. In addition to the above requirements, the following items shall be submitted to the
Planning and Zoning Division no later than the site plan deadline:
a. One copy of colored elevations, not mounted, for all buildings and signage to be
constructed on site. These elevations must be of all sides of each type of building
and signage proposed and the colors proposed must be accompanied by a
numerical code from an established chart of colors.
b. Elevations must also include information related to building materials. All
elevations must be submitted on 24" x 36" drawings. Buildings constructed will be
inspected on the basis of the elevations submitted to the City and approved by the
City Commission. Failure to construct buildings consistent with elevations
submitted will result in the Certificate of Occupancy being withheld.
c. A transparency of the site plan (maximum size of 8-1/2" x 11 ") or 8-1/2" x 11"
reductions of submitted plans to be used at public hearings. However, the Planning
and Zoning Division will not be responsible for poor quality transparencies which
result from the submission of poor quality site plan blueprints, and poor quality
transparencies will not be presented to the Planning and Development Board or
CRA and City Commission.
d. Colored photographs of surrounding buildings (minimum size 8" x lO").
x
30. Any other engineering and/or technical data, as may be required by the Technical
Review Committee to determine compliance with the provisions of the City's Code of
Ordinances.
Any of the above requirements may be waived by the Technical Review Committee, if such information
is deemed to be non-essential by the Committee.
IV SITE DATA
The following information must be filled out below and must appear, where applicable, on all
copies of the site plan .
7
1. Land Use Cate20rv shown on the Comprehensive Plan Future Land Use Map:
Industrial
2. Zonin!! District M 1
3. Area of Site .88 AC. 38,507.87 sq. ft.
4. Land Use - Acrea2e Breakdown:
a. Residential, including acres %of
site surrounding lot area or grounds
b. Recreation Areas * (excluding water area) acres % of site
c. Water Area acres % of site
d. Commercial acres % of site
e. Industrial .88 acres 100 % of site
f. PubliclJnstitutional acres % of site
g. Public, Private, and Canal Rights-of-Way acres % of site
h. Other (specify) acres % of site
1. Total area of Site .88 acres 100% of site
Including ooen SDace suitable for outdoor recreation. and havinl!: a minimum dimension of
50 ft. bv 50 ft.
5. Surface Cover
a. Ground Floor Building 4 595 00
("building footprint")
sq. ft. 12
% of site Area
b. Water Area
sq. ft.
% of site
c. Other Impervious Areas, including paved area of public & private streets, paved area of
parking lots and driveways (excluding landscaped areas)and sidewalks, patios. decks. and
8
athletic 22,827.07 SF courts sq. ft. % ~of site.
d.
Total Impervious Area
27,422.07 sq. ft.
71 % of site
e. Landscaped Area Inside of Parking Lots (20 sq. ft. per interior parking space required--see Sec.
7.5- 35(g) of Landscape Code). sq. ft % of site
f.
Other Landscaped Areas, excluding Water Area
sq. ft.
% of site
g. Other Pervious Areas, including Golf Courses, Natural areas, Yards, and Swales, but excluding
Water Areas sq. ft. % of site
h.
Total Pervious Areas 11,085.80
sq. ft. 29
% of site
1.
Total Area of Site 38,507.87
sq. ft. 100% of site
6. Floor Area
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
sq. ft.
7. Number of Residential Dwelling Units
a.
Single-Family Residential
dwelling: units
b.
Duplex
dwelling units
c. Multi-family (3 + attached dwelling units
1) Efficiency
dwelling units
2) I Bedroom
dwelling units
3) 2 Bedroom
dwelling units
9
4) 3+ Bedroom
dwelling units
d.
Total Multi-Family
dwelling units
e. Total Number of Dwelling Units
8.
Gross Densitv
dwelling units per acre
9.
Maximum Hei!!ht of Structures on Site 30
feet
1
stories
10. Reauired Off-Street Parkin!!
Calculation of Required Parking Spaces No fewer than four (4) Sec. 11.H.5
Off-Street Parking Spaces 19
Number of Off-Street Parking Spaces 18 + 1 He
Provided on Site Plan 19
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 hannless 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
~zaY OfJ~f1(l'f Zf;(}5.-
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10
NOTICE TO APPLICANTS
FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL BOARD OF ZONING APPEALS VARIANCE
All applications received by the City of Boynton Beach shall be accompanied by the list of names and
addresses of all property owners within four hundred (400) feet of the subject property. Applications will not
be accepted without these mailing labels and addressed envelopes
CONTACT: PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DNISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
AFFIDA VIT
STATE OF FLORIDA
)
)
)
S.S.
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED :c3{Z/{jOltl( fl(Lf~OBEING
DULY SWORN. DEPOSES AND SAYS:
That the accompanying Property Owners List is, to the best ofms knowledge, a complete
and accurate list of all property owners, mailing addresses and legal descriptions as
recorded in the latest official tax rolls in the County Cowthouse for all property with
Four Hundred (400) feet of the below described parcel ofland.
The property in question is legally described as follows:
SEE ATIACHED EXHffiIT "A"
FURTHER AFFIANT SA YETH NOT.
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Q., ~-x.[~'V,.--
(signature r
3 day of Ufl ~;Jft{Z L/ A.D., 200
,
11
Sworn to and subscribed before me this
<-
Notary Public
State of Florida at Large
My Commission Expires: -IluM / q 20 1.'7-::;-
IV I L () (t: Sf /)1 (J5:IJ rJ
A.'~"""~ NotarY PubIc - SIaIe of FIofIdo
f1. *ti\~~~.AI\19.2007
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~ Bi CommIIIIcn # 0022-
"';:~Rr", tt\,~ IondIdIv NaIIanaI Nc*IrV AIIn.
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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 ofland.
*
Applications for development orders and permits submitted after February 1. 1990 and which
generate more than 500 net vehicle trips per day. must conwly 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:
12
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City Codes Accessed Via Website
WWW.bovnton-heach.(){2
www.amJen.l.cnmlbovnton beach fl
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CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLICATION FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SI
r~\ .
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EPb\
Date
-- -.---. ,---'
Has applicant attended a pre-application meeting?
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
induding 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:
Rapido Rabbit Car Wash
2. Property Owner's (or Trustee's) Name: Boynton Properties LLC
Anthony Pugliese III
Address: 101 Pineapple Grove Way. Delrav Beach. FL 33444
(Zip Code)
Phone:
561.330.7000
Fax:
3. Applicant's name (person or business entity in whose name this application is made):
East Coast Development, LLC - Mark Paulino
Address: 4036 Artesa Dr., Boynton Beach, FL 33436
(Zip Code)
Phone: 561.419.1409
Fax:
If contract purchaser, please attach contract for sale and purchase.
4. Agent's Name (person, if any, representing applicant): Miller Land Planning Consultants, Inc.
Bradley D. Miller, AICP
Address:298 Pineapple Grove Way, Delray Beach, FL 33444
(Zip Code)
Phone: 561.272.0082 Fax:561.272.1042
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 Purchaser, Developer
7. Street address of location of site:
East Side of Congress Ave, just north of SW 30th Ave.
8. Property Control #(PCN) 08.43.46.05.09.000.0012
9. Legal description of site: Please see attached
10. Intended use(s) of site: Car Wash
11. Architect: Annino Associates, Inc.
12. Landscape Architect: A. Grant ThornbrouQh & Associates
13. Site Planner: Miller Land Planning Consultants, Inc.
14. Engineer: EnviroDesign Associates, Inc.
15. Surveyor: O'Brien, Suiter and O'Brien, Inc.
16. Traffic Engineer: Simmons & White, Inc.
17. Has a site plan been previously approved by the City Commission for this property?
Yes
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: Industrial
2. Zoning District: M1
3. Area of Site .88 acres 38.507.87 sq. ft.
4. Land Use -- Acreage Breakdown:
a. Residential, including acres % of site
surrounding lot area of grounds
b. Recreation Areas ... acres % of site
(excluding water area)
c. Water Area acres % of site
d. Commercial acres % of site
e. Industrial .88 acres 100 % of site
f. Public/Institutional acres % of site
g. Public, Private and Canal rights-of-way acres % of site
h. Other (specify) acres % of site
i. Other (specify) acres %of
site
j. Total area of site .88 acres 100 % of site
*including open space suitable for outdoor recreation. and having a minimum dimension of 50 ft.
by 50 ft.
5. Surface Cover
a.
b.
c.
courts.
site
d.
e.
acres 12
% of site
Ground floor building .11
area ("building footprint")
Water area
acres
% of site
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
.52 acres 59 % of
Total impervious area .63
acres 71
% of site
Landscaped area .25 acres 29 % 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,
% of site
acres
g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding
water areas acres % of site
h. Total pervious areas acres % of site
i.
Total area of site .88
acres 100
% of site
6. Floor Area
a. Residential sq. ft.
b. CommerciallOffice sq. ft.
c. IndustriallWarehouse 4,595.00 sq. ft.
d. Recreational sq. ft.
e. Public/Institutional sq. ft.
f. Other (specify) sq. ft.
- .
g. Other (specify) sq. ft.
h. Total floor area 4,595.00 sq. ft.
7. Number of Residential DwellinQ Units
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.
9.
Gross Density
dwelling units per acre
Maximum height of structures on site 30
feet 1
stories
10. Reauired off-street oarkina
a.
Calculation of required # of
off-street parking spaces.
Off-street parking spaces
provided on site plan
No fewer than four (4) Sec. 11.H.5 = 18
=
=
b.
Calculation of required #
of handicap parking spaces
1
=
Number of handicap
spaces provided on site plan
1
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.
Thursday, December 30,20042;18 PM
MLPC 5612721042
p.02
. . .
,
III. CERTIFICATION
(I) (We) undtl$tand ~ this application and all paPli!rli and plans submitted herawilh become II
part of the ~nent recorda of the Planning end Zoning Division (I) (We) hereby airtify that
the above staternenta and any stwmlenls or showlngs In any papers or plans submItted
h to best of (my) (our) krJowfedge and bener. This appllcatfon will not be
&call' accordll'lg to the In9lrUclions below.
8) or Trustee, of
'ncipal if property Is owned by
rutlon or omer busllless entity.
cOr. O~.O~
Date
OR
Signature of c:onfracl pun:h_er (If sppllcarrt)
Date
IV.
C/o C -') (".;S
Date
(I) (We) hereby d 'gnatB 1he abavHlgnec:l perscn 88 (my) (our) authorized agent in r&gard to
this IiIPlllication.
Date
Signature or Owner(s) or TnJS!e&,
_or Aulhorlzecl Prindpallf properly Is awned
Jy oration or oIh uslness entity.
or (J~. oc;
Oate
A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW
COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MeeTINGS HE:LD TO
RI!VIIl!VV 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.
I 201.'&(
MILLER
LAND :L'; ~-5
PLANNING I ' '-,
CONSULTANk-rnC"
298 PINEAPPLE GROVE WAY
DELRA Y BEACH, FLORIDA 33444
PHONE. 561/272-0082
FAX . 561/272-1042
EMAIL .mlpc@mlpc.net
WEB . www.mlpc.net
RAPIDO RABBIT CAR WASH
CITY OF BOYNTON BEACH
Original:
Revisions:
January 5, 2005
Site Plan and Conditional Use Application
Project Description & Justification Statement
Proiect Description
This application requests the approval of Conditional Use and Site Plan approval for the
M-1 zoning district. The property is located on the east side of Congress Avenue just north
of SW 30th Avenue. The site is a 3.39 acres with a total of 3 parcels. Parcel A is 1.70 acres
and was previously approved for a 3-story self-storage facility and approximately 49 ft in
height. Parcel A is now under construction and not included in this application. Parcel
B is .81 acres and is currently a vacant lot, which is east of the parcel that is being
submitted for review. The parcel that is being submitted for the above referenced
applications is parcel C, which has an area of .88 acres and is north of the self-storage
facility. This application will establish the proposed development with a car wash and will
be consistent with the desires of the City for redevelopment.
A Text Amendment has been previously submitted and will be reviewed simultaneously
with the Conditional Use and Site Plan. The Text Amendment is requesting to add a car
wash as a use only by a conditional use application to the M-1 zoning district.
Proposed Development
The proposed development will be a single-story building and will be a total of 4,595
square feet. The parking for the facility will be located behind the building screened from
Congress Ave. The building will span the west side of the parcel with the continuation of
the landscape buffer adjacent to Congress Ave.
The facade of the building will be compatible with the adjacent buildings. The buildings
will align along Congress Ave. and be consistent with the landscape and color palate of
the adjacent parcel. The height of the building reaches a maximum of 30.0'. The building
is designed so that there is no visibility of the equipment inside the building for traffic
passing on Congress Ave. The access points for the parcel is from Congress Ave., on the
north side of parcel or from parcel A from the self storage off of SW 30th Ave. The curb cut
on Congress Ave. completes the vehicular circulation from SW 30th Ave., through the
property and out to Congress Ave. for fire and waste disposal trucks.
Site Plan and Conditional Use
Rapido Rabbit Car Wash
Jan. 5, 2005
Page 2
The code requires a minimum of seventy (70) feet of vehicular stacking space which does
not obstruct or restrict in any way the free movement of emergency vehicles, service
vehicles or any other type of vehicles.(Ch. 23, Art.lI,R) The queuing for the drive thru to pay
for services is approximately 105 ft. in length, and well over the requirement. The flow of
traffic after paying for services will either enter into the building for washing or into the
parking lot. The car wash is fully automated and requires no more than two employees
on site to operate. The parking spaces, which are approximately 12 ft., are larger than the
typical, which is 9.6 ft., for people to maneuver to use the vacuum.
Application Justification
A Text Amendment has been previously submitted to add a car wash as a Conditional Use
for the M-1 zoning district and will be reviewed simultaneously with the Site Plan and
Conditional Use. The proposed Rapido Rabbit Car Wash complies with the goals and
regulations as indicated in the table attached to the end of the document.
The project satisfies the following eight (12) criteria that need to be addressed in
consideration of this request for the conditional use:
1) Ingress and egress to the subject property and proposed structures thereon,
with particular reference to automobile and pedestrian safety and
convenience, traffic flow and control, and access in case of fire or catastrophe.
Development of this parcel includes curb cut to Congress and vehicular
connection with existing driveway through self-storage parcel to 30th. The exact
location giving through Parcel B will be determined at a later date.
2) Off-street parking and loading areas where required, with particular attention
to the items in subsection D. 1. above, and the economic, glare, noise, and odor
effects the conditional use will have on adjacent and nearby properties, and
the city as a whole.
All parking will be screened from Congress Ave. by the building and landscape.
3) Refuse and service areas, with particular reference to the items in subsection
0.1. and 0.2. above.
The dumpster is located off the access point coming from Congress Ave. The
dumpster has the proper dimension for the truck to maneuver.
4) Utilities, with reference to locations, availability, and compatibility.
All utilities are available and will be extended from self-storage parcel.
Engineering plans have been submitted to show the locations and availability of
utilities for the site.
Site Plan and Conditional Use
Rapido Rabbit Car Wash
Jan. 5, 2005
Page 3
5} Screening, buffering and landscaping with reference to type, dimensions, and
character.
A landscape plan has been provided to show the screening, buffering and
landscaping for the site with all the species of plants and character including
dimensions.
6} Signs, and proposed exterior lighting, with reference to glare, traffic safety,
economic effect, and compatibility and harmony with adjacent and nearby
properties.
The site will be compatible with the lighting with the adjacent properties in the
area. Light fixtures will be on every other island with vacuum equipment to
cover the parking lot area. A traffic study has been provided to show the traffic
in the area.
7) Required setbacks and other open spaces.
The project meets all setbacks and open space areas. The open space for the
parcel is at .25 acres which covers 29% of the site. The site is at 38,057 SF, which
meets the minimum of 10,000 SF. The height of the building is at 30 ft.
8} General compatibility with adjacent properties, and other property in the
zoning district.
This project is going through the text amendment process simultaneously with
the conditional use and site plan, to be able to be approved as a conditional
use in the M-1 zoning district. This use will be compatible with surrounding
industrial uses.
9) Height of buildings and structures, with reference to compatibility and harmony
to adjacent and nearby properties, and the city as a whole.
The building is going to be one-story with a maximum height of 30'. The building
to the south of the parcel is currently under construction and will be a 3-story
building at approved height of 49 ft.
10} Economic effects on adjacent and nearby properties, and the city as a whole.
There will be no adverse effects on adjacent or nearby properties. There will be
positive effects for the City with increased tax revenue.
11} Conformance to the standards and requirements which apply to site plans, as
set forth in Chapter 4 of the City of Boynton Beach Land Development
Regulations.
The site plan has meet all the standards and requirements by the land
development regulations for the site plan application.
Site Plan and Conditional Use
Rapido Rabbit Car Wash
Jan. 5,2005
Page 4
12) Compliance with, and abatement of nuisances and hazards in accordance
with the performance standards, Section 4.N of Chapter 2: also, conformance
to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8
of the Boynton Beach Code of Ordinances.
The car wash will comply with all nuisance and hazards standards by the
Boynton Beach Code of Ordinances.
Proiect Schedule
Upon approval of the requested conditional use and site plan, it is intended to
immediately submit for land development and building permits. The building will be
constructed in one phase and is estimated to take 3 months to complete.
M:\M L P C\PROJECTS\Rapido Rabbit\SP justification statement O10505.wpd
RAPIDO RABBIT LEGAL DESCRIPTION
:',1\1 - 5
DESCRIPTION OF PROPOSED PARCEL "C" :
....___. .A..'__'.. ..,.
A PORTION OF LOT 1, LAWSON INDUSTRIAL PARK PLAT NO.2, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 46, PAGES 178 AND 179, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF TRACT "A", LAWSON
INDUSTRIAL PARK PLAT NO.1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 42, PAGES 134 AND 135, PUBLIC RECORDS OF PALM BEACH COUNTY WITH THE
NORTH RIGHT OF WAY LINE FOR S.W. 30TH AVENUE AS SHOWN ON SAID PLAT OF LAWSON
INDUSTRIAL PARK PLAT NO.1; THENCE NORTH, ALONG THE EAST LINE OF SAID TRACT "A", A
DISTANCE OF 505.79 FEET TO A POINT ON A LINE 150.00 FEET SOUTH OF AND PARALELL TO
THE NORTH LINE OF SAID LOT 1; THENCE S.87 29'35"W., ALONG SAID PARALLEL LINE, A
DISTANCE OF 138.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.87 29'35"W.,
ALONG SAID P ARALELL LINE, A DISTANCE OF 155.15 FEET TO A POINT ON THE WEST LINE OF
SAID LOT 1 AND A POINT ON THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE;
THENCE SOUTH, ALONG SAID WEST LINE, A DISTANCE OF 245.27 FEET; THENCE EAST, A
DISTANCE OF 155.00 FEET; THENCE NORTH 252.06 FEET TO THE POINT OF BEGINNING.
CERTIFICATE OF TITLE
I, JASON S. MANKOFF, ESQUIRE, do hereby certify that to the best of my
knowledge, the current fee simple title holders of record within the Warranty Deed attached
hereto as Exhibit "A" for the subject property as attached in Exhibit "B" and made a part
hereof is BOYNTON PROPERTIES, LLC, a Florida limited liability company.
The applicant is MARK PAULINO, as Contract Vendee, pursuant to the first and last
page of the Contract attached as Exhibit "C."
Dated: December 16, 2004
O:\PAUM002\Certifieate of Title.Dee 16.doe
\t- II
ExHIBIT A
II rd In 1111mB mlU11IUlI11111
() :- I7J___
,~..,(~J~ r
Instrument pnapared by and return to:
DOUGLAS P. SOLOMON. ESQ.
ADORNO & VOSS. PA
700 S, FEDERAL HIGHWAV#200
BOCA RATON, Fl 33432
06/09/2003 15:l6:52 200303364~9
OR BK 15345 PG 0274
Palm Beach County, Flo~ida
Ai'll 982,500.00
Doc Stamp 6,877.50
Folio Number: l!JK- If. 3> - 'f (. - vS - 0 1- IJ"C> ...:;, OJ 1..-
~\
~_.-~..~\ WARRANTY DEED
\..('/ ):;;> (Statutory Form - Section 689.02, F.S.)
T~~~IiNTURE, made this 'lit day of June, 2003. between ESTELLE
BLUMBEf(G~: .-.;,1 married woman, whose post office address is
lJ~Y ''''' ~ '\~l~'i1>f>> Avc-l.. (I.. jJ~'l. ("Grantor"), and BOYNTON PROPERTIES, LLC,
a Florida Llrri1t.ed Llal)l.lIty Company, whose post office address is C/O The Pugliese
Company, 101 PIDe~p1e Grove Way, Delray Beach, FL 33444, of the County of Palm
Beach, State of Fll~rJP'" ("Grantee").
(Wherever used h~JeYl the terms "Grantor and "Grantee" Include all the parties to this
instrument and the helrsRtpg~tepresentatives and assigns of Individuals, and the successors and
assignees of the corporal~r::::>,
(,'" ; :'
It,' :
WITNESSETH that'~~:prantorr for and in consideration of the sum of TEN
($10.00) and 00/100 DOLL~S: and other good and valuable considerations to said
Grantor in hand paid by said G~~, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to ) d Grantee, and Grantee's heirs and assigns forever,
the following described land, situ ,lying and being in Palm Beach County, Florida, to-wit:
Lot 1, Lawson Industrial p{~~~t. No.2. according to the Map or Plat
thereof, as recorded in Plat BcPq)k~:?ip, Page 178, of the Pubic Records of
Palm Beach County, Florida. .,~;?_~~,./"
That portion of Tract "A" as shown ct6~/ ''''~j'1a. t of Lawson Industrial Park Plat No.1,
according to the Map or Plat there'tl' .-~~S'Jecprded in Plat Book 42, Page 134
through 135, of the Public Records 0 ~-'~Beach County, Florida, that lies North
of the North Right-of-Way line of South , f?b~ Avenue as such Right-of-Way line
is shown in Plat Book 42, Pages 134 an {p~))
LESS and EXCEPT: The North 150 feet o~~;r~~ described parcel.
~<: -:/"
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Subject property Is not the homestead of th~~'b~,ors nor Is it contigious
thereto. (/'-)'1
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MGARDNER/208971.0053jR6017458_1
BOOK ] 5: PAGE: 0275
Dorothy h~'P Wi 1 kl'n, Cl prk
...
. ; SUBJECT to (i) comprehensive land use plans, zoning, restrictions, prohibitions.
and other requirements imposed by governmental authority; (ii) restrictions and matters
appearing on the plat or otherwise common to the subdivision; (iii) public utility easements
of record; (iv) taxes for 2003 and years subsequent.
AN~Did Grantor does hereby fully warrant the title to said property and will defend
the same a 'nst the lawful claims of all persons whatsoever.
.-- .,.,'"
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IN'Wl'TJlF.~ SSWHEREOF, Grantor has hereunto set Grantor's hand and seal the day
and year r~~\1e written.
t;r;~,/ (--~
Signed. seal~~~fltt delivered
in our presence:-' ;>, 0
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The foregoing instrument was aC~~~e(1, before me this -Y- day of June,
2~ by ESTELLE BLUMBERG, who are l;$'Sq.oatt, y known to me or who produced
~ ~. as Identification and who d~~;%) take an oath.
Notary P~}~.~")
t( P/
STATE OF FLORIDA
)
)8S:
COUNTY OF PALM BEACH
~.~ MCHEU.E A. CWlCNEII
'*: ~ ''f>. If( COMMISSION' DO 18620S
. . EXPIRES: March 11. 2C07
. t. ~ 1lIIII NCIlIIy P\blg llnIIIIMtIn
MGARDNER/~08971.0053/R6017458_1
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- ESTELLE BLUMBERG
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print
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11 : I
State of i=~f."iic:f$; at Large (Seal)
My Com~!9~,~xPires:
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EXHIBIT\~b 'I
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. . ,_ ", _ ,,"SF_:' '~r=c d,
. '~"':B~t~n-Pr6flerties,~ LLC, a Florida limited liability company
~".
3. The land referred to in this commitment is described as follows:
A portion of Lot 1, Lawson Industrial Park Plat No.2, according to the plat thereof as recorded in Plat Book
46, Pages 178 and 179, Public Records of PaIm Beach County, Florida, described as follows:
Commencing at the intersection of the East line of Tract "A", Lawson Industrial Park Plat No.1, according to
the Plat thereof as recorded in Plat Book 42, Pages 134 and 135, Public Records of Palm Beach County with
the North right-of-way line for S.W. 30th Avenue as shown on said Plat of Lawson Industrial Park Plat No.1;
thence North, along the East line 'of said Tract "A", a distance of 505.79 feet to a point on a line 150.00 feet
South of and parallel to the North line of said Lot 1; thence S 870 29' 35" W., along said parallel line, a
distance of 138.08 feet to the point of beginning; thence continue S 87029' 35" W., along said parallel line, a .
distance of 155.15 feet to a point on the West line of said Lot 1 and a point on the East right-of-way line of
South Congress Avenue; thence South, along said West line, a distance of 245.27 feet; thence East, a distance
of 155.QO feet; thence North 252.06 feet to the point of beginning.
. .,
'f<
EX H I BIT "C 1(>
AGREEMENT FOR PURCHASE AND SALE
This AGREEMENT FOR PURCHASE AND SALE (this "Agreement") is entered into
by BOYNTON PROPERTIES, LLC, a Florida limited liability company ("Seller"), and MARK
PAULINO ("Buyer" or Purchaser"), an individual.
BACKGROUND:
Seller is currently the owner of that certain property, consisting of approximately 38,500 sq.
feet located in the City of Boynton Beach, Florida which is more particularly shown on Exhibit
"A" attached hereto and made a part hereof (together with any and all improvements located
thereon and appurtenant thereto the "Property"). The parties to this Agreement have agreed to the
sale and purchase of the Property on the terms and conditions which are set forth in this Agreement.
Exhibit "A" shall supplemented to add a legal description during the Inspection Period, as
hereinafter defined.
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 terms and conditions of this Agreement,
Seller will sell to Buyer and Buyer will purchase from Seller the Property, together with all
appurtenances, rights, easements and rights of way owned by Seller and incident thereto.
2. Purchase Price.
(a) Amount. The purchase price (the "Purchase Price") to be
paid by Buyer to Seller for the Property is - -
, . - .! payable as provided herein.
(b) Cash Deposit. Within two (2) business days from the
Effective Date (as defined herein), Buyer shall deposit with Altman, Tieman &
Ely, Inc., as escrow agent ("Escrow Agent"), the sum of One Hundred Thousand
Dollars $100,000.00 (the "Cash Deposit.)
(c) Payment of Purchase Price. At the time of the Closing,
Buyer shall pay to Seller by wire transfer of funds received by Seller the
Purchase Price as adjusted for prorations and adjustments as set forth in this
Agreement. At the Closing, the Cash Deposit shall be credited to Buyer's
obligations to pay the Purchase Price hereunder.
3.
Title and Title Insurance and Survey.
\~~~ ~
1
are required to keep such information as confidential and bound to observe the terms hereof, or
(b) as Buyer may be required by any court order, subpoena or order of any governmental
authority. This obligation of Buyer under this Agreement shall survive the Closing hereunder or
any earlier termination of this Agreement.
35. Return of Property Information and Buver's Reports. If Buyer elects to
terminate this Agreement on or before the end of the Investigation Period or the Seller terminates
this Agreement following a default by Buyer, then Buyer shall deliver to Seller, immediately
after such termination, copies of all Property information and Buyer's reports
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
last below written.
~~&~
Print ame: wr/ 16-yr:;(0-cSLfL-
O:\PUGA023\Purchase Agreemenl.approved.October 29.DOC
SELLER:
BOYNTON PROPERTIES, LLC, a Florida
limited liability company
Date:
,2004
BUYER:
,~~~
f ark Paulino
Date: I / /., /
{ I
,2004
12
T -
ili1I 1i Mil _ mil rI! .. iliA .diIfI.."":Ji:.'0'A Iih.... Iii Wi ...
Associates, Incorporated
SURFACE WATER
MANAGEMENT CALCULATIONS
FOR
"RAPIDO RABBIT"
BOYNTON BEACH, FL
December 21, 2004
O:\word.docs\200 3 10 3006-Safe+SecureIS FW .CYR,doc
GENERAL INFORMATION
GIVEN:
STORM EVENT:
5 YRl1 DAY
25 YRI 3 DAY
100 YRI 3 DAY
RAINFALL VOLUME*
8"
15"
17"
CONTROLS
PARKING LOT
PERIMETER BERM
FF ELEV A TIONS
* Per SFWMD DRE #291 - "Frequency Analysis of One and Three-Day Rainfall
Maximafor Central and Southern Florida"
RAPIDO RABBIT
POST-DEVELOPMENT ANALYSIS
TOTAL PARCEL SIZE (Parcels B & C):
CANAL AREA (NOT USED IN CALCS)
NET PARCEL SIZE (Total Parcel less canal area):
BUILDINGS:
PARKING & IMPERY.
PERVIOUS AREA
1.69 Ac
0.35 Ac
1.34 Ac
0.11 Ac
0.70 Ac
0.53 Ac
73,737 sf
15,390 sf
58,347 sf
4,598 sf
30,342 sf
23,407 sf
8.0%
52.0%
40.0%
TOTAL IMPERVIOUS = (0.11 + 0.70) -:- 1.34 = 60% - Say 65% to be conservative
A VERAGE PROPOSED SITE GRADE = 14.0' NGVD
CONTROLLED WATER TABLE = 9.0' NGVD
THEREFORE, A VG. DEPTH TO WATER TABLE> 4.0'
ACCORDING TO SFWMD "BASIS OF REVIEW":
- FOR A 4' DEPTH TO W.T. ~ STORAGE = 10.9"
THEREFORE, STORAGE @ 4.0' MAX DEPTH TO W.T. = 10.9"
HOWEVER, A 25% REDUCTION FOR COMPACTED SOIL IS REQUIRED.
THEREFORE, SOIL STORAGE = 10.9" x 0.75 = 8.18"
CONSIDERING SITE IS 35% PERVIOUS:
WEIGHTED SOIL STORAGE = 8.18" x 0.35 = 2.86"
WATER QUALITY VOLUME REQUIRED:
e 1" OVER ENTIRE SITE METHOD:
1.34 Ac. xl" I 12" ~ Storage Required = 0.11 AceFt
e 2.5" OVER IMPERVIOUS METHOD:
Total Site = 1.34 Ac.
Pervious = 1.34 - (0.11 + 0.70) = 0.53 Ac.
Buildings = 0.11 Ac.
Water Quality Site Area = 1.34-0.11 = 1.23 Ac.
Water Qual. Impervious = 1.23-0.53 = 0.70 Ac.
Water Qual. % Imperv. = 0.70/1.23 = 57%
(Total Site - water surface & roofs)
(Site Area- Pervious)
(Impervious -7 Site Area)
Water Quality Required = 2.5"x 57% = 1.43"x 1.34/12 = 0.16 AceFt
(THIS METHOD CONTROLS)
25% Credit for Dry Detention: 0.16 x 75% = 0.12 AceFt or 1.44 AceIn
!THEREFORE, WATER QUALITY REQUIRED = 0.12 Ac.F~
THE ABOVE WATER QUALITY VOLUME IS USED TO SET THE
BLEEDER ELEV A nON
q Storage provided in exfiltration: 0.12 AceFt of storage is achieved in
the exfiltration trenches at elev. = 9.6'NGVD.
q However, actual outfall invert elevation set at 11.25 NGVD to inhibit
backflow from the common canal system for the Lawson Industrial
Park. (The Lawson Park weir to the L WDD L-28 is 11.1' NGVD)
q Allowable discharge: The site is in the C-15 drainage basin, with an
allowable discharge of 70 csm. This translates into (1.34/640 x 70)
0.15 cfs of allowable discharge for the 25 yr, 3 day design event.
Accordingly, the site is limited to bleeder discharge only up to the 25-
year event.
PROPOSED SURFACE WATER MANAGEMENT SYSTEM ELEMENTS:
e 7.51 AceIn or 0.626 AceFt stored in Exfiltration (see attached edil. cales.)
e EXFILTRATION TRENCHES STORE FROM 9' TO 12.0' NGVD
e 1.23 AC OF SITE GRADING STORES LINEARLY FROM 13.5' TO 14.75'
e MIN. FINISHED FLOOR ELEVATION = 15.5'
e OUTFALL CONTROLLED BY A WEIR SET AT ELEV 14.4'
e BLEEDER SET AT 11.25 TO BE ABOVE LAWSON PARK WEIR.
SUMMARY OF PEAK STORM STAGES AND ASSOCIATED MINIMUM DESIGN ELEVATIONS
(PLEASE REFER TO ATTACHJj)P SANTA BARBARA COMPUTATIONS)
STORM EVENT
5 YR / I DAY
25 YR/3 DAY
100 YR 13 DAY (0 DISCH.)
PEAK STORM ELEV.
11.63' NGVD
]4.38' NGVD
15.15' NGVD
ASSOCIATED MIN. DESIGN ELEV.
MIN. ROAD CROWN = 12.0'
MIN. PER]METER BERM = 14.5'
MIN. F.F. ELEVATION = 15.5'
POST-DEVELOPMENT STAGE-STORAGE
STORAGE GREEN PARKING & EXFIL T.
AREA
DATA SPACE IMPERVIOUS TRENCH
TYPE LAND LAND EXFILTRATION
AREA (AC) 0.53 0.7 100 Ifx3'Wx3'D TOTAL
STORAGE
LOW ELEV. 13.5 14 9 (AC-FT)
HIGH
ELEV. 15 15 12
STAGE STORAGE (AC-FT)
9.00
9.50 .1 0.05
10.00 0.1.20 0.10
10.50 0.15.3 0.15
11.00 0.20.4 0.20
11.50 0.25.5 0.25
12.00 0.30.6 0.30
12.50 0.30 0.30
13.00 0.30 0.30
13.50 0.30 0.30
14.00 0.04 0.30 0.34
14.50 0.18 0.09 0.30 0.56
15.00 0.40 0.35 0.30 1.05
15.50 0.66 0.70 0.30 1.66
16.00 0.93 1.05 0.30 2.28
16.50 1.19 1.40 0.30 2.89
17.00 1.46 1.75 0.30 3.51
, tiiiil,diii,,_ '" Ah. &, "....,~
Associates, Incorporated
EXFILTRATION TRENCH CALCULATIONS
Rapido Rabbit - NOT PART OF LAWSON SYSTEM - Job #03006
L=
v=
w=
H=
Du =
Os =
K=
ORK=
STANDARD FORMULA:
L=
LENGTH OF TRENCH REQ'D (FT)
VOLUME TO BE TREATED (AC-IN)
TRENCH WIDTH (FT)
DEPTH TO WATER TABLE (FT)
NON-SATURATED TRENCH DEPTH (FT)
SATURATED TRENCH DEPTH (FT)
HYDRAULIC CONDUCTIVITY (CFS/FT2-FT HEAD)
= 7.35
= 6
= 3
= 3
= 0
= 1.02 X 10 .3
= 0.00102
V
K(HW+2HDu-Du2 + 2HDs) + (1.39 x 10-4) wDu
=
244.66 FEET
CONSERVATIVE FORMULA:
L=
(NOT APPLICABLE - STANDARD FORMULA APPLIES)
V
K(2HDu-Du2 + 2HDs) + (1.39 x 10-4) wDu
= NIA
STANDARD TRENCH DETAIL - REFER TO ENGINEERING PLANS FOR ACTUAL SPECIFICATIONS
~ :;:::::::;:::;:::;:::::;:.::5;'::
;::;::;:::::::::;:::::::'::Mi~.;
TRENCH TOP ELEV = 12.00
INVERT ELEV = 10.00
TRENCH BOTTOM EL. = 9.00
1
3.00
1
WATER TABLE
EL. = 9.00
Actual water table
may be lower, as
calculations limit
depth of water to 6'.
18" HOPE
::::::::::::::::.: :.:::;:: :':";2':':
:::::; }~~~~.~.~.~.:. ~i~:.
~
I~
6.00
~I
THEREFORE, MIN. TRENCH LENGTH REQUIRED
ACTUAL TRENCH LENGTH PROVIDED
ACTUAL TREATMENT VOLUME PROVIDED:
TRENCH DIMENSIONS: 6.00 FT. WIDE BY
= 245 FEET
= 254 FEET
7.63 AC-IN
3.00 FT. DEEP
Joseph A. Pike
0: \excel\2004 \04082 -Rabbit\[EXF I L -1 .xls] Sheet1
Page 1
1/5/2005
@".NUTTING
~ ENGINEERS
OF FLORIDA, INC.
ESTABLISHED 1967
otechnical & Construction Materials
Engineering & Testing · Inspection
Environmental Services
Offices throughout the state of Florida
www.nuttingengineers.com.info@nuttingengineers.com
January 31, 2003
lvlr. Joe Pike
Em'iro Design Associates, Inc.
298 Pin~apple Grove \Vay
Delray Eeach. FL 33444
Phone: 561-274~6500 Fax: 561-274-8558
Subject:
Report of Exfiltration Tests
Lo\':'s'{m.fud~tstTlall).ark
NE corner of Congress A venue & S W 30th A venue
Boynton Beach, Florida
Dl:lll' ~\Il. Pike.
. ;,;.,'.j'
'. c':~f:':'f../-7;~:f'
~::;:''''''~;;-::~:-< ~:,,~".::'_?!'" r ,
T\\o exfiltratil)n tests wcre performed to a depth of six feet below existing grade in accordance with South Florilb
Water Management District (SFWI\.ID) criteria tl)r 'Usual Open-Hole' conditions.
PrillI' to star:ting each test. a 6-inch diameter hole was ,augered to the test depth to determine the depth to ground\\ater
and to examine subgrack soils. After establishing the above parameters, the hole \vas stabilized by a full-length
perforated PVl' pipe in accordance with Sl)uth Florida Water f\lanagement District specifications. Water was thcll
pumped into the hole maintaining a constant \vater level at the ground surt:1ce. The stabilized flow rates \vere
rcc(lrded in ,lne minute intervals fur a total uf 10 minutes.
The e.'-.li Itrati()n [e,ts revealed the 'hydraulic conductivity CK'-value) of the soils ranged from 9.91 x I O_cl to .05x I ()-,
cubic fect per second per square foot per foot of head. Soil descriptions and flow rates for the tests are ShO\\ll on thc
att:lched e:diltratipn summary sheet. We n"tc- that the \\ater table \\as helmv a depth of si.\ feet.
\\' c apprec iatc the npportun ity to provide these services for you. S houle! you hay c any questions. or if \\ e can be 0 f
further assistance, please feel free to contact us.
RespeL'tfully Submitted:
NlITTING ENGINEERS OF FLORIDA, T:\C.
l?c~, a;6/!o.~~
R;dmd \7,;,IL;'II1, Pi: #50858
Din:ctur of Engineering
f)'. r _ I I > I i ~(!,(\-~ (, r ~ :.
I
1310 NEPTUNE DRIVE. BOYNTON BEACH, FLORIDA 33426. (561) 736-4900. Fax (561) 737-9975
Broward (954) 941-8700 . Hillsborough (813) 866-8800 . Miami-Dade (305) 557-3083
NUTTING
ENGINEERS
#Jotechnical & Construction Materials
Engineering & Testing · Inspection
Environmental Services
OF FLORIDA, INC.
ESTABLISHED 1967
Offices throughout the state of Florida
www.nuttingengineers.com.info@nuttingengineers.com
Client: Enviro Design Associates, Inc.
Project Lowson Industrial Park
Location: NE corner of Congress Ave & SW 30th Ave., Boynton Beach
Test: Usual Type Open Hole Exfiltration Test
Surface Elevation: Approx. At Road Crown
Order #
Report #
Date
Water table from
ground surface:
Casing Diameter: 6"
Tube""'"
One Minute
Increment
Sample Location: Approx as locClted on site plan
1
2
3
4
5
6
7
8
9
10
Materi al D.escriptlon 0-2'
2'-3'
3'-6'
Tan quartz fine SAND.
Brown quartz fine SAND
Lt. tan quartz fine SAND
K = 9.91 X 10.4 cfs/ft2fthead
-,~
/<: t,C
RC Wohlfart . PE #50858
Exfll ms xis
11508 26
1
1/29/03
N/A
Pumping
Rate in
Galiivllfl
136
13.3
133
13.1
131
13.1
131
131
131
13 1
1310 NEPTUNE DRIVE · BOYNTON BEACH, FLORIDA 33426 . (561) 736-4900. Fax (561) 737-9975
Broward (954) 941-8700. Hillsborough (813) 866-8800. Miami-Dade (305) 557-3083
NUTTING
ENGINEERS
otechnical & Construction Materials
Engineering & Testing · Inspection
Environmental Services
OF FLORIDA, INC.
ESTABLISHED 1967
Offices throughout the state of Florida
www.nuttingengineers.com.info@nuttingengineers.com
Client:
Project
Location:
Test:
Enviro Design Associates, Inc.
Lowson Industrial Park
NE corner of Congress Ave. & SW 30th Ave., Boynton Beach
Usual Type Open Hole Exfiltration Test
Order #
Report #
Date
11508.26
2
1/29/03
Surface Elevation:
Approx At Road Crown
Water table from
ground surface:
N/A
Casi ng Diameter: 6"
.. Tube Depth: 6'
,..,c..... ;..::;. .'C.:. ..
....::. ._'-." One Minutel Pumping
P:::,to in
I fI(.! <:::[11 t:: II [ Gal!Min
1 14 1
2 14.0
Sample Location Approx as located on site plan 3 13.9
4 14.0
5 14.0
Material D!"scription 0-1 ' Tan quartz fine SAND 6 140
1 '-6' Lt. tan quartz fine SAND 7 140
8 139
9 139
10 13.9
K = 1 05 x 10-3 cts/ft2ft head
RC.
Exfil ms xis
1310 NEPTUNE DRIVE. BOYNTON BEACH, FLORIDA 33426. (561) 736-4900. Fax (561) 737-9975
Broward (954) 941-8700 . Hillsborough (813) 866-8800. Miami-Dade (305) 557-3083
SOIL CLASSIFICATION
RELA TIVE DENSITY
SAND
SPT N-VALUE
(blows/ft.)
RELATIVE
DENSITY
o
5 -
11
30 -
>50
100/6"
- 4
10
29
49
Very Loose
Loose
Medium
Dense
Very Dense
Refusal
PARTICLE SIZE
Boulder
Cobble
Gravel
Sand
Silt
Clay
>12 in.
3tol2in.
4.76mm to 3 in.
0.074mm to 4.76mm
0.005mm to 0.074mm
<0.005mm
Major DiviSIons ~sGro:p .'1
! S~~r^,!s
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Typical
Names
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lIttle or no f(ne-s J
S;l~~-;'avels. ~ave!'sand. - i
silt ml"(Ture--;
------~~~,
;;; ~
G ,3
Well'graded gra-.els and
r;1JVel-s.and miJltur~,.
little Or no lin~
CRITERIA
SHEAR STRENGTH
CLAY
SPT UNCONFINED CONSISTENCY
N - Value COMP. STRENGTH
(blows/ft.) (tons/ft.2)
<2
2 4
5 8
9 15
16 - 30
>30
<0.25
0.25-0.50
0.50-1.00
1.00-2.00
2.00-4.00
>4.00
Very soft
Soft
Medium
Stiff
Very Stiff
Hard
1--- -
I
DESCRI.PTION MODIFIERS
- .i=-,.:-;:- ~, :::!~~.~", ,., .,
0 5% Slight trace
6 10% Trace
11 20% Little
21 35% Some
>351~o And
ClaSSification Crllerla
I
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:tl - ....
,3 1:~
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~~~
Clayey gra-vels. gr<1Yel.s.and.
L clay mi J( rures
Lw. eH-gaded s.ands and !
7lNelly sand~. I
""'e 0' no J,nes ~
! POQ(ly gr~ sard$ and gf3Vt'lly !
I sands. little or no lines
~I~ SM - j Sil~-~;:;~~sand-:ilt mixtur~--l
! I
r----s~~ --- r Clayey "'nd,. ",cd"lay m"IU':]
----'--~M-L--I>-- - I~-~~nic s~~s. YefY fine II'
s;ar.0$. rock flour. silty or
i 1 ~~~~~ndS I
r -. I loexgan1c claYl of low to I
i CL med'um pla'toe'ty, g<3"elly ,
i Cl,lys. sandy clays. silry i
I clays. lean clays I
~l-- - :Or;nrc sdu and orga~ 1
: $dry clays of IQvo/ plastICity i
i 11- ! nOl98ntC $4lts. miCaceous j
I MH Of' diatomaceous fine sands
l __~~_Ils. el~l~~_~___
I
I CH InOfganlc clays of h,~ ,
r plJ'StIClty. fat clays ~
I OH '-i---organi~-CliJY-;-Of medium
~ __ to hIgh p_t~_~c~t~___~_._
----:-r::--. '-
~ ~ I (u" [)bO,UIO Greater Ihan 4
~ ~ ' . \[J 1012 .
-= > I <...: -.---- Betw,::,cn 1 and J
~~~~~ . LJ10l({)60
~ ~~: ~ ~ ~~ot meeting ooth crj:e~~:~:-=-W--
I
~ ~ 25. ~ ~ r- ---.-.-.----~.-- -
~ s::: .J f. Att'o'fb<>rg IlfIllts pint b~low "A . line A:!.!rber'J IlmllS plauing
;: 0''':;::::: =- Dr plast<CITy <I"'de'( I'?S": than 4 "l 'l,H~hP.d ar'~a'.)T~
'D Z. -~- ~ bor'Jerllne class,fiCdtlons
~ ~ ~ ~ AnerbeTj Ilmlls. plot above "A" line lpoqulPng IJ5e of dual
'" ~ ~ v . arH.1_~I::~~~~ indp.,(_~!~~~_3~~? _.~~L 2~~bo~_
;;. ;;. 8 ~ t.
.d g t'~ ;;. I etl "[)60tU\O' Greater than 6
~ : ~ ~ i [fI JO) 2
Q z ::1 0 I el '" ~D60 Betw€"'.?n 1 and 3
; ~ 12 r-------- .u____,_~
~ ::.,# ~ i Not rne~r'n9 \:XH~ crlterid for 'S\'V
a j1 ~ ~ r--.-------~--~--.r_------
C ~ __~ 6 i At1e-rberg :Imlts plot b~low "A" line Anerb~rg limits plOlllng
....... I or plastlCI1'y tndeJ( less than 4 In hatchecl area are
: ~ g, -~_______________ borderline Clcts.:sifications
~ ~,~ : Atle-rberg limits plot dbove "A" line rer-Julrlng use of dual
~~~_I_as!IClty ind~J( gr-ea!er than 7 symbols
,O~ '".""" ~".",' I ! i ill]'
r." ~""""~--"'''''' n' I.". 'J'..n~<J i! i //
~i) "-."h ""., '".~ "-><' ,," ,,' 0.'''' _ 1- _ _..__ _
~. ~o-.:l .,." ' '\ I 1..( I
'0",'''' " '^',e"","",'" "'''H'' IC~.: ~ ,,'<
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t_~~_L.:: d.1~.L. _-'- ..L_
0.'0 ',lJ 'W
.__-L~_~__ _L ::_~~~~~:::~her hl7lIY__ .L__._~sual\jdn~ldentlf<CJllon. ~ AST~"_~~,gn;j!lo-=--:~~_~ __~__.~~
H.ghly ~:'1''Pf''C :?"J>I~
. Pit""":) :'n "he 'rJj ,"'. ~:
GC
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WARRA
y'
LLHll "c\ l1Ul"~ Vt Ll!\1HLJ 1 1
We warrant that the services performed by Nutting
Engineers of Florida, Ine. are conducted in a manner
consistent with that level of care and skill ordinarily
exercised by members of the profession currently
practicing under similar conditions. No other
warranties, expressed or implied, are made. \Vhile
the services of Nutting Engineers of Florida, Inc. are a
valuable and integral part of the design and
construction teams, we do not warrant, guarantee or
insure the quality or completeness of services
provided by other members of those teams, the
quality, completeness, or satisfactory performance of
construction plans and specifications which we have
not prepared, nor the ultim5.te performance of building
site materials.
-:.,-~.:~;.,,:~;-!.,.,.
SUBSURFACE EXPLORATION
Subsurface exploration is normally accomplished by
test boring; test pits are sometimes employed. The
method of lkterrnining the boring location and the
surface elevation at the boring is noted in the report.
This infonnation is represented on a drav,ring or on the
boring log. The location and elevation of the boring
should be considered accurate only to the degree
inherent with the method used.
The soil oaring log includes sampling information.
descriptilin l)f the materi'als recovered. approximate
depths of houndaries between soil and rock strata and
groul1dw~lter data. The log represents conditions
specifically at the lucation and time the ooring \vas
made. The oounuaries between different soil strata
are indicated at specific depths; hmvever. these
depths arL' in fact approximak ane! dependent upon the
frequency of sampling. The transition between soil
strata is often gradual. Water level readings are made
at the times and under conditions stated on the boring
logs. Water levels change with time, precipitation,
canal levels. lllcal well drawdown and other factors.
LABORATORY AND FIELD TESTS
Tests arc performed in accordance with specific
ASTi\I Standards unless otherwise indicated. All
criteria included in a given ASTM Standard are not
always required and performed. Each test report
indicates the measurements and determinations
:lctually made.
0NUTTING
~... ENGINEERS
=----~= OF FLORIDA INO
E () ~ ;. B ~ ' '") H F G 1 '1<j,'
ANAL ):
~AND RECOI\E\IEND..\ TIONS
The geotechnical report is prepared primarily to aid in
the design of site work and structural foundations.
Although the information in the report is expected to be
sufficient for these purposes, it is not intended to
determine the cost of construction or to stand alone as a
construction specification.
Report recommendations are based primarily on data
from test borings made at the locations shown on the test
boring reports. Soil variations may exist between
borings and may not become evident until construction.
If variations are then noted, the geotechnical engineer
should be contacted so that field conditions can be
examined and recommendations revised if necessary.
The geotechnical report states our understanding as to
the location. dimensions and structural features
proposed for the site. Any significant changes in the
nature, design, or location of the site impro~'ements
must be communicated to the geotechnical enr.!int'er
so that the geotechnical analysis. conclusions, and
recommendations can be appropriately adjusted.
CONSTRUCTION OBSERVATION
Construction observation and testing is an important
element of geotechnical services. The geotechnical
engineer's field representative (G.E.F.R.) is the
"owner's representative" observing the work of the
contractor. performing tests and reporting data from
stich tests and observations. The geotechnical
engineer's field representatil'l! does not direct the
contractor's construction means, methods,
operations or personnel. The G. E. F. R. does nut
interfere \\ith the relationship between the owner and
the contrJctor and. except as an observer, does not
become J substitute owner on site. The G.E.F.R. is
responsible for his/her safety. but has no responsibility
for the SJfety of other personnel at the site. The
G.E.F R. is an important memoer of a team whose
respc)nsibility is to observe and test the work being
done and report to the O\vner \vhether that work is
being carried out in general conformance with the
plans and specifications.
Department of Engineering
and Public Works
Po. Box 21229
West Palm Beach. FL 33416-1229
(561) 684-4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Tony Masilotti, Chairman
Addie 1. Greene. Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
~ printed on recycled paper
February 2, 2005
Mr. Michael W. Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 34425-0310
RE:
Rapido Rabbit Car Wash
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr. Rumpf:
The Palm Beach County Traffic Division has reviewed the traffic study for the proposed
project entitled; Rapido Rabbit Car Wash, pursuant to the Traffic Performance
Standards in Article 15 of the Palm Beach County Land Development Code. This project
is summarized as follows:
Location:
Municipality:
Existing Uses:
Proposed Uses:
New Daily Trips:
New PH Trips:
Build-out Year:
NE corner of Congress Avenue and SW 30th Avenue intersection.
Boynton Beach
Vacant
4,595 SF Car Wash
196
14 AM and 14 PM
2007
Based on our review, the Traffic Division has determined that the proposed project meets
the Traffic Performance Standards of Palm Beach County. No building permits are to be
issued by the town, after the build-out date, specified above. The County traffic
concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic
Performance Standards Ordinance.
If you have any questions regarding this determination, please contact me at 684-4030,
Sincerel~/,
OFFICE OF THE COUNTY ENGINEER
/Y7.
, '... '''-'''-'-..- ---;-,~
, i -.. -'" ---- ~.. -'.~ GI !
"I 'I
i '"'~ i ILl!'
, : .JI
I '----.--
j" I rl/l.') y~. 1'- _
'_"':":_~-~~_'h ~:...~_r-:.~!~!:::~!!!.2.
Masoud Atefi, SC
Sr. Engineer - Tra ic Division
cc: Simmons & White, Inc
File: General.. TPS .. Mun - Traffic Study ReView
F:\TRAFFIC\malAdminlApprovals\05012! .doc
SIMMONS & WHITE, INC.
Engineers · Planners · Consultants
January 4,2005
Job No. 05-006
I"
; ......~ or 1
.._~-..-~,.~- -.>'--~_.'
INSIGNIFICANT TRAFFIC IMP ACT STATEMENT
:'",,'
Rapido Rabbit Car Wash
City of Boynton Beach, Florida
SITE DATA
The subject parcel is located on the northeast corner of Congress Avenue and S.W. 30th
Avenue in the City of Boynton Beach, Florida, and contains approximately 0.81 acres.
Proposed site development of the currently unimproved parcel consists of a 4595 S.F. car
wash facility with a project build-out of2007. Site access is proposed via a right-in, right-
out driveway connection to Congress Avenue. For additional information concerning site
location and layout, please refer to the site plan prepared by Miller Land Planning
Consultants.
PURPOSE OF STUDY
This study will analyze the proposed development's impact on the surrounding
thoroughfares within the project's radius of development influence in accordance with Palm
Beach County Land Development Code Article 12 Traffic Performance Standards.
The Traffic Performance Standards require that a proposed development meet two "tests"
with regard to traffic. Test 1, or the Link/Buildout Test, requires that no site specific
development order be issued which would, during the build-out period of the project, add
project traffic at any point on any major thoroughfare link within the project's radius of
development influence ifthe total traffic on that link would result in an average annual daily
traffic or peak hour traffic volume that exceeds the adopted threshold level of service during
the build-out period of the project.
5601 Corporate Way, Suite 200, West Palm Beach, Florida 33407
Telephone (561) 478-7848 · Fax (561) 478-3738
www.simmonsandwhite.com
Certificate of Authorization Number 3452
...
Traffic Impact Statement
Job No. 05-006
January 4,2005 - Page 2
PURPOSE OF STUDY (CONTINUED)
Test 2, or the Model Test, requires that no site specific development order be issued which
would add project traffic to any link within the project's model radius of development
influence if the total model traffic on that link would result in an average annual daily traffic
volume, as determined by the model, that exceeds the adopted level of service. For the
purposes of this analysis, the construction contemplated in the Modified 2025 Plan shall be
used.
This study will verify that the proposed development's traffic impact will meet the above
Performance Standards.
TRAFFIC GENERATION
The traffic to be generated by the proposed facility has been calculated in accordance with
the traffic generation rates previously accepted by the Palm Beach County Engineering
Traffic Division. Please refer to the attached Traffic Impact Statement by Tinter Associates,
Inc., dated July 29, 1999. The traffic generation for the proposed project may be summarized
as follows:
DAILY
AM PEAK HOUR
PM PEAK HOUR
196 TPD
14 PHT
14 PHT
SITE RELATED IMPROVEMENTS
The A.M. and P.M. peak hour turning movement volumes and directional distributions for
the project with no reduction for pass by credit or existing use credits may be summarized
as follows:
DIRECTIONAL
DISTRIBUTION
(TRIPS IN/OUT)
A.M. 11 / 11
P.M. 11 / 11
, .
Traffic Impact Statement
Job No. 05-006
January 4, 2005 - Page 3
SITE RELATED IMPROVEMENTS(CONTINUED)
As mentioned in the SITE DATA portion of the report, site access is proposed via aright-in,
right-out driveway connection to Congress A venue. Based on the turning movement
worksheet attached with this report and the Palm Beach County Engineering guideline used
in determining the need for turn lanes of75 right turns or 30 left turns in the peak hour, no
additional turn lanes appear required.
CONCLUSION
The proposed retail development has been estimated to generate 196 new trips per day, 14
A.M. peak hour trips and 14 P.M. peak hour trips at project build-out in 2007. A brief
review of the directly accessed link (Congress Avenue), however, reveals that the proposed
redevelopment will have an insignificant assignment and therefore appears to meet the
requirements of the Palm Beach County Traffic Performance Standards.
. Rennebaum, P.R
Reg. No. 41168
sa: tis.05006
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SIMMONS & WHITE, INC.
ENGINEERS * PLANNERS * CONSULTANTS
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1250 I MDT
46* 1 % INSIGNIFICANT STANDARD (6-LANE SECTION)
RAPIDO RABBIT CAR WASH
05-005 K.D. 01-04-05
5601 CORPORATE WAY, SUITE 200, WEST PALM BEACH, FLORIDA 33407
TELEPHONE (561) 478-7848
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July 29, 1999
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Mr. Paul Lingerfeldt
lingerfeldt Morris, Inc.
1412 S.W. 34u1 Avenue
Deerfield Beach. Florida 33442
RE: PROPOSED MIRACLE CAR WASH (REVISED)
U.S. 1 (S.R. 5) BETWEEN N.E. 15TH ST. & N.E. 14TH ST.
CITY OF BOCA RATON, FLORIDA
TINTER ASSOCIATES PROJECT NO. 99 -2009A
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Dear Mr. Lingerfeldt
This letter will serve as a Revised Traffic Impact Statement to address the potential trip
generation activity for the proposed full service car wash project. This study has since been
approved by Palm Beach County Traffic Engineering. A copy of their approval letter is attached.
The project is planned to be located on the east side of Federal Highway (U.S. 1) (S.R. 5)
between N.E. 15'" $l and N.C. 14m St. in tho City of Boca Raton. Florio::!. This Statement will
determine the number of trips to be generated in order to determine the impacts of the proposed
development.
EXISTING ROADWAY SYSTEM
The proposed project is planned to be located on a 1.272 acre parcel on t/1c east side of
Federal Highway (U.S. 1) (S.R. 5) between N.E. 15ft> St. and N.E. 14Th St. in the City of Boca
Raton, Florida. This section of Federal Highway is a four-lane divided, north/south facility.
Based on the most recent edition of the Palm Beach County Metropolitan Planning Organization
Traffic Count Map, the average daily traffic (ADT) count of this sectIon or Federal Highw~y i~
33.306 vehicles per day.
PROPOSED TRIP GENERATION
The major task in this particular analysis is to determine the number of trips that will be
generated by the proposed development. Thp. two authoritative sources used in estimating trip
generation are the Institute of Transportation Engineers (ITE) Trio Generation manual, 611\
Edition and the Fair Share Road Impact Fee Schedule of the Palm Beach County Unified Land
DeveloplJltml Code (PBCULDC).
However, there was no Land Use associated with a full service car wash provided in the ITE
Trip Generation manual, nor any hip generation rate data in tho PBCULOC. Other potenti~1
sources of trip generation rates were contacted. including Palm Beach County, the City of Boca
Raton and Broward County, but again. no trip generation rate information was available.
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Ungerfeldt Morris, Inc.
July 29. 1999
Page 2
Therefore it was necessary to undertake volume collection data at a similar site. In agreement
with both County and City statt, only two study penoas were ldentifiea A mid di:lY ,.,t::1 iOd (11 :00
A.M. to 1:00 P.M.) was chosen in that industry standards indicate that patrons may choose car
wash service during their respective lunch time hours. An afternoon period (4:00 P.M. to 6:00
P.M.) was also chosen in that patrons are more apt to use the service on their way home from
wOrk where there are no time constraints as opposed to pre work activities in the mt)rning.
The study site chosen is known as Fox All Pro Car Wash located on the west side of N. Dixie
Highway just south of Yamato Road in the City of Boca Raton. According to City records, this
site is comprised of 4,095 square feet of building ;Irati and provides for a preparation area prior
to entering the car wash chamber as well as a separate detailing area. This site is similar in
nature to the project site, which is the subject of this Statement.
Data collection activity took place on Tuesday, June 29, 1999 and Thursday, July 1. 1999. A
copy of the raw count data is attached. Separate days were counted due to inclement weather
during the P.M. peak huUI data collection period. rigure 1 summarizes the doto collection
activity at the Fox All Pro Car Wash during each of the study periods.
It was then necessary to establish a peak hour to dally ratIo based on Uli:s cuun( dala. The most
comparable published land use in the ITE manual is LUC 837 "Quick Lubrication Vehicle Stop".
This land use was chosen in that hours of operation are comparable, as w~1I as vehicle
turnover. The ITE manual provided a peak hour to daily ratio. Acccrolngly, tnis would equate to
a total of 269.5 daily trips for the Fox All Pro Car Wash utilizing the midday peak data. as this
time period was the greatest generator. Considering a building square footage of 4,095 square
feet, a daily trip rate of 65.83 trips per thousand square feet is established.
Applying this rate to the proposed huilding square footage of the Miracle Car Wash (4,238
square feet) would provide for a total of 279 daily trips. These daily trips were then reduced to
account for a component of pass by capture. An industry survey was commissioned by the Mr.
Pride Car Wash chain and compiled by Mr. George Akers, a ear wash consultant in .Jackson.
Tennessee. The survey findings. attached at the end of this correspondence. indicated 45
percent of patrons Claim car washing is a spur~f..fhe.moment activity rather than a plann
How~v~r. this study will assume only a 35 Dercent Dess by caDtUrc rotc. As such th net new
trips based on the aforementioned methodOlogy for the Miracle Car wash is projected 0 be 181
trip ends per day.
Figure 2, attached. Shows the site driveway volumes for the Mirade Car Wash. The 219 daily
trips are shown as well as the 32 peak hour trips, which equate to 11.5 percent of the daily trips.
TgAFRCPERFORMANCESTANDARD
The City of Boca Raton defaults to the County's Traffic Performance Standard to assess
impacts to the adjacent roadway network. Since the project generates less than 200 trips, only
the directly accessed link (Federal Highway) is subject to the criteria of the Standard.
As noted previously. the ACT for this section of roadway is 33,306 vpd. The capacity for this
four-Ianed section of roadway is 31.100 vpd, providing for slightly over capacity conditions.
However, the Test One provisions of the Standard reeooni7'? this segment to be a deficient
Tinter Associates, Inc. · Transportation Engineers
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July 29,1999
Page J
segment and, as such, development can occur up to certain thresholds. The Standard allows
development to occur which would not exceed one~fi1th of five percent 01 the exiUny lA:iJ}acity or
310 trips. Since the entire project is projected to generate 181 trips, the project is in compliance
with Test One of the Standard. The project is also in compliance with Test Two of the Standard
in that the County has not defined this section of Federal Highway as a deficient segment under
their Test Two criteria.
SITE OPERATIONS
Figure 3 is a conceptual site plan of the full service car wash that is being proposed. Cars
initially enter a 3-lane vacuuming station. An attendant greets the customer and collects the
payment due. It takes approximately 3 minutes to complete the vacuum operation. Cars then
proceed to the car wash tunnel. A chain in the tunnel can pull a maximum of 5 cars through the
tunnel at one time. Control (on/off) of( the chain can be manually operated to mar1age the flow
of cars when necessary. It takes approximately 5 minutes on average to pass a car through the
tunnel. At the exit of the tunnel. another attendant wipes remaining moisture from the car before
lhe cu::tlurner leaves. While cars are being dried, there will be no impedance upon tho internal
circulation around the site. Should the drying area provide for more than two cars, the attendant
can manually stop the vehicles in the tunnel until such a time the drying area is clear to process
additional vehicles.
Cars that are to be detailed do not pass through the tunnel, but rather are separated from the
traffic stream. A canopied area in the back of the site is proVided tor the detail WOJ'\(. Only 2 to
4 vehicles a day are estimated to be detailed, as it takes approximately 4 hours per car to
perform the detail work.
The average overall time a customer is on-site is between 15 and 20 minutes. An on~site
circulation path of r.:ar wash vehicles is indicated in Figure 3. Due to the sporadic nature of the
work, the generally low volume of cars and the ability for an attendant to control the flow of cars
through the tunnel, no significant queues are expected in the vicinity of the project site exit
drivoway.
CONCLUSIONS
TIIi::s Statement has demonstrated that the impact:s from the proposcd projcct will have no
significant impacts to the adjacent roadway system or on-site circulation as evidenced by the
following:
· The project Is projected to generate only 181 daily trips per day.
· The project is in compliance with Test One and Test Two of the Traffic Pertormance
Standard.
· The operation of the site and duration of activity on-site will preclude the potential of
anyon-site Queuing activity.
Tinter Associates, Inc. . Transportation Engineers
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July 29; 1999
Page "'
· Adequate on-site circulation is available as demonstrated on Figure 3 to allow
Cleaning activIties to occur wnile allowing vehicles to fully traverse the site for ingress
and egress maneuvers.
As always. jf you should have any questions regarding this matter, please do not hesitate to call
me directly.
.~;;/~p---
X~n L. Greenhalgh. E.I.
Project Engineer
Traffic Engineering
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Yves S. d'Anjo ,P.E.
Vice President
F.E. #43912
xc: Chris Paras
Tinter Associates, Inc. . Tnmsportation Engin\:ers
o.,artnleftC of En~eer'"
aacI P1IbUc: W'arllS
P.O. 80x 21229
West PzIm Bea.ch. Pl. .3.3416-1229
(561) 684-4000
www.CQ.paIm-beach.l1.U$
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PaIIIt 8.-e1l Co....C)'
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w.rTen H, NeweR. ViCe Chairman
f<lren 1; Marcus
Carol A. Aoberu
Mary McCany
Sun Aatonsofl
lbny MISdeal
Co.., Adminilcc'acor
"oben Weisman
-An IquaIOpporCUIti'1
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July 20. 1999
Mr. Mike Strasser, AICP
Land Development Coordinator
City of Boca Raton
201 West Palmetto Road
Boca Raton, FL 33432-3795
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RE: Miracle C4,rWash
Traffic Performance Standards Review
Mr. Str.1G~r:
The Palm Beach COWlty Traffic Division has reviewed the revised traffic study
(dntcd July 2, 1999) for Lh~ p.cvject entitled Miracle Car Wash pursuant to the
Traffic: PerforIl1ance Standards ill Article 15 of the Palm Beach County Land
Development Code. The project is summarized as fonows:
Location: Federal Highway (US 1), north of Glades Road
Municipality: Boca Raton
Proposed Use: Full Service Car Wash (4.238 sf)
New Trips: 181 trips per day
Buildou~ 1999
There is one error in the traffic study. The proposed trip reneratio.n rate should
have been developed based on II :nore conservative calculation. The man
conservative rate (65.83 trips per 1,000 s~ Was used to calculate the trips listed
above. This error does not change the results of the study.
Based on our review, the Traffic Division has dete~rnined that the project meets
the Traffic Performance Staluiards of Palm Beach Cl)unty. Please contact me
if you have any qUE!$tion,; l"RgRnHne thi~ r~view.
Sincerely,
cc: Yves S. If' An;ol.l, r~E. . Tineer Associates, Inc.
Kelly LaRa... For . Ciey or Boca Raton Tm& Engineering_
Fa.: Gl!nel':ll . TPS . MILD - Tnffle Study Rm.w
H:\TlUFFIC\apt\tll,\990S2app.wpd. TAZ \>I)~
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FACSIMILE
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COMMENTS
201 W. PALMETTO PARK ROAD
BOCA RATON, FLORIDA 33432
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FACSIMILE
CITY OF BOYNTON
BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
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Planning & Zoning
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Immediately; at (561) 742-6260. Thank you. . -" .
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TRANSMISSION VERIFICATION REPORT
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DATE, TIME
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9005
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Market Value: $297,35
Assessed Value: $297,35
Exempt Amnt: $
Taxable: $297,35
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Mailing: 101 PINEAPPLE GROVE WAY
DELRAY BEACH FL 33444
3703
2005 Preliminary Assessment
Market Value: $936,16
Assessed Value: $936,16
Exempt Amnt: $
Taxable: $936,16
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2005 Preliminary Assessment
Market Value: $
Assessed Value: $
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MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. BOYTNTON BEACH BOULEVARD, #201
BOYNTON BEACH, FLORIDA 33435
PHONE . 561/736-8838
FAX . 561/736-8079
LETTER OF TRANSMITTAL
Date: October 14, 2005
To:
~__m "
Ed Breese
CITY OF BOYNTON BEACH
. PLANNING & ZONING DEPT.
I
[I 100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Lm ..
Subject:
Rapido Rabbit - Site Plan Review
Master Sign Plan
,J
We are providing:
[!] Attached
D Under Separate Cover
Via:
D US Mail
[!] Courier/Hand Delivery
D Overnight Delivery
D Pick Up
The followin
~ Co ies
r2
, \
Date
Descri tion
Master Si n Plan
't:V~ (i)l\J"i1Z-f<;::(.:X' ~~--e^-t e-NT
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These are being transmitted as check below:
[!] For your use D As requested
D For your reference & file D
D For your review & comment
Other as indicated below
Remarks:
~-----
I Ed-
t Attached is the revised master sign plan to comply with the code.
or comments, please contact Bradley or I at our office. Thanks.
I
I
I
If there are any questions
cc:
From: Nicole R. Simpson
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AGREEMENT FOR PURCHASE AND SALE
This AGREEMENT FOR PURCHASE AND SALE (this "Agreement") is entered into
by BOYNTON PROPERTIES, LLC, a Florida limited liability company ("Seller"), and MARK
PAULINO ("Buyer" or Purchaser"), an individual.
BACKGROUND:
Seller is currently the owner of that certain property, consisting of approximately 38,500 sq.
feet located in the City of Boynton Beach, Florida which is more particularly shown on Exhibit
"A" attached hereto and made a part hereof (together with any and all improvements located
thereon and appurtenant thereto the "Property"). The parties to this Agreement have agreed to the
sale and purchase of the Property on the terms and conditions which are set forth in this Agreement.
Exhibit "A" shall supplemented to add a legal description during the Inspection Period, as
hereinafter defined.
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 aclmowledged, the parties
hereto hereby covenant and agree ~ follows:
AGREEMENT:
1. Purchase and Sale. Subject to all of the terms and conditions of this Agreement,
Seller will sell to Buyer and Buyer will purchase from Seller the Property, together with all
appurtenances, rights, easements and rights of way owned by Seller and incident thereto.
2.' Purchase Price.
(a) Amount. The purchase price (the "Purchase Price") to be
paid by I Buyer to Seller for the Property is - ..,..,.....JIIIl-' Ie _,.
T LaJ I II ~ payable as providea herem.
(b) Cash Deposit. Within two (2) business days from the
Effective Date (as defined herein), Buyer shall deposit with Altman, Tiernan &
Ely, Inc., as escrow agent ("Escrow Agent"), the sum ofi
t..... - ~ R (the "Cash Deposit.)
( c) Payment of Purchase Price. At the time of the Closing,
Buyer shall pay to Seller by wire transfer of funds received by Seller the
Purchase Price as adjusted for prorations and adjustments as set forth in this
Agreement. At the Closing, the. Cash Deposit shall be credited to Buyer's
obligations to pay the Purchase Price hereunder.
3. Title and Title Insurance and Survey.
l VV\ ~ !G"""""''''''' "._"""_'Dd~. ~ on,
1
(a) Title and Title Insurance. Within twenty (20) days after the
Effective Date, Seller shall provide Buyer with a title commitment (the
"Commitment"), together with legible copies of all documents referenced
therein from a title agent of Seller's choosing ("Title Company"). Buyer shall
have ten (10) days from its receipt of the Commitment in which to examine the
condition of title and provide Seller with written notice of specific title defects
("Buyer's Title Notice"). In the event that Seller is unable or unwilling to cure
such title defects within fifteen (15) days from receipt of Buyer's Title Notice,
then Buyer shall have the option, to be elected within five (5) days following
such fifteen (15) day period of either (i) terminating this Agreement, in which
event the Deposit shall be refunded to Buyer and all parties hereto shall be
released from any and all obligations and liabilities hereunder other than those
that specifically survive hereunder or (ii) Buyer may waive such title defects and
close on the purchase of the Property without any adjustment in the Purchase
Price. Silence by Seller in response to Buyer's Title Notice within such fifteen
(15) day period shall be deemed to be a response that Seller is unable or
unwilling to cure such title defects.
(b) Survey. If available to Seller, Seller may provide Buyer
with an existing survey of the Property prepared by a licensed Florida land
surveyor (the "Survey"). Within the time allowed for examination of the
condition of title by Buyer, Buyer shall, at Buyer's sole expense, update the
Survey with such additional information as Buyer shall deem appropriate and
within that same period of time as set forth in subsection (a) above, Buyer shall
provide Seller with written notice of specific title defects with respect to the
Surveyor the revised survey, as the case may be. Silence by seller in response
to title defects raised by Seller in this manner within such period as set forth in
Subsection (a) above shall be deemed to be a response that Seller is unable or
unwilling to cure such title defects.
(c) Notice. Failure to receive a written notice within the time
allowed from Buyer to'rPeller as to~either the Commitment, the Surveyor the
revised survey shall mean that Buyer is satisfied with the title, Survey and
revised survey; and provided that Seller is able to issue a title policy based upon
the Commitment, "marked-up" at the time of closing in the manner that is
normal and customary for the closing of such transactions in Palm Beach
Countys Florida, then Seller shall have met its obligations with respect to the
delivery of title pursuant to this Agreement.
4. Investil!ation Period.
~-~\~
(a) Buyer shall have thirty (30) days from the Effective Date (the
"Investigation Period") in which to examine the Property. During the
Investigation Period, Seller shall provide Buyer and its agents with reasonable
access to the Property to perform tests and inspections as reasonably determined
by Buyer. Buyer hereby indemnifies and holds Seller hannless from and against
any and all loss, cost or expense, including, but not limited to, attorneys' fees and
rfJ 2
~Ao23\Purchase Agreemenl.approved.Oclober 29.DOC
.'
costs, incurred by Seller as a result of Buyer's activities during the Investigation
Period. If Buyer, determines during the Investigation Period that it is not
satisfied with its investigation of the Property, then upon expiration of the
Investigation and by written notice to Seller this Agreement shall terminate, the
parties hereto shall be relieved of all liabilities and obligations under this
Agreement other than those that specifically survive hereunder, and the Deposit,
shall be delivered by Escrow Agent to Buyer.
(b) In the event that the Site Plan, Plat and Text Amendment
(hereinafter collectively referred to as the "Development Approvals") should not
be obtained within twenty (20) days prior to the Closing Date, then Buyer shall
have the following options: (i) elect to extend the Closing Date pursuant to
Paragraph 6.(b); or (ii) by written notice to Seller, terminate this Agreement, the
parties hereto being relieved of all liabilities and obligations under the
Agreement other than those as specifically survive hereunder, and the Deposit
shall be delivered by Escrow Agent to Buyer. Other than the right to terminate
prior to the end of the Investigation Period pursuant to Paragraph 4.(a), the right
to terminate prior to the Closing Date as set forth in this Paragraph 4.(b), the
right to terminate pursuant to Paragraph 3.(a), or the right of Buyer to terminate
as a result of Seller's default as set forth in Paragraph 15 (b) after the end of the
Investigation Period, Buyer shall have no right to terminate this Agreement and
Buyer's Deposit shall be non-refundable. Without limiting the foregoing, if
Buyer elects to proceed pursuant to the Paragraph 4.(b), then even if the
Development Approvals are not obtained, the Deposit is non-refundable. In the
event that Buyer should chose an extension pursuant to this Agreement, upon
making the choice to extend, any right for Buyer to terminate as a result of a
failure to receive the Development Approvals is hereby waived. Thereafter,
Buyer shall close on the purchase of the Property without any adjustment in the
Purchase Price.
( c) In the event that Buyer should exercise any right to terminate,
regardless of whether such right is under Paragraph 4.(a), 4.(b), 3.(a), or 15(b),
and if such termination is properly and timely exercised, then pursuant to this
Agreement, the Cash Deposit shall be returned but to the extent that Buyer may
have incurred or paid any costs or expenses associated with the Investigation
Period or the Development Approvals, there shall be no right to reimbursement
for such costs and expenses and Buyer shall pay any unpaid invoices which may
be outstanding.
5. Development Approvals.
.. ,)
DfM
(a) Site Plan: Within thirty (30) days of the Effective Date, Seller
shall use its best efforts to submit, on Buyer's behalf and at Buyer's sole expense
an application for Site Plan Approval consistent with the drawing by Miller Land
Planning as attached in Exhibit "A." Vlith respect to such Site Plan Approval, all
changes to the Site Plan must receive the consent of the Seller, which may be
given or withheld, in Seller's sole discretion.
""~"'"'.".. ",._""""""","",, ".,,'" 3
(b) Plat: Purchaser shall cooperate with Seller in Seller's Plat
Application and if any signatures of Purchaser are required to process the Plat,
Buyer shall execute the Plat with such signatures. With respect to the Plat
Application, such Application is at the sole discretion of the Seller, at the sole
expense of Purchaser.
(c) Text Amendment: Within thirty (30) days of the Effective Date,
Seller shall use its best efforts to, on Buyer's behalf and at Buyer's sole expense
a Text Amendment to allow a car wash in the current zoning which is M-l. With
respect to such application, it is at the sole discretion of Seller, and at the sole
expense of Purchaser.
(d) Contact: Concerning the Development Approvals, Purchaser shall
not contact any party without the approval of Seller.
(e) Best Efforts: Buyer shall use its best efforts to complete the Site
Plan, Plat and Text Amendment, but nothing in this Agreement shall constitute a
promise, warranty or representation by Seller that a Site Plan, Plat and Text
Amendment shall be obtained. Buyer understands, acknowledges and agrees that
Buyer is proceeding at its own risk. Seller shall employ such professionals as
Seller deems proper and appropriate in order to process the Development
Approvals including but not limited to Seller's present counsel who has advised
them with respect to this Agreement. Any and all expense or costs associated
with the employment of such professionals shall be billed directly to Buyer and
paid by Buyer in a timely fashion. Such costs and expense shall not be
reimbursed to Buyer under any circumstances, including but not limited to the
termination of the Agreement by Buyer during the Investigation Period. Buyer
agrees to cooperate with Seller in all matters associated with the Development
Approvals, including but not limited to the execution of any documents or
instruments in connection with the applications for the processing of same or the
approval of any physical improvements which may be erected on the Property in
order to obtain such Development Approvals.
(t) Confidentiality: With respect to the Development Approvals,
Buyer shall direct any inquires to the Seller and the Buyer shall not contact the
City of Boynton Beach Florida or any neighboring property owners. In
connection with the Development Approvals, Buyer shall be permitted to discuss
the Development Approvals solely with Buyer's attorneys, accountants, advisors,
and lenders, who each are required to keep such information as confidential and
bound to observe the terms hereof and with no others.
6. Closinf! and Closinf! Costs.
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[A" \l
O;\PUGA023\Pur ase Agreemenl.approved.Oclober 29.DOC
(a) Closing Date. The purchase and sale contemplated by this
Agreement shall close the earlier of: (i) 180 days from the Effective Date or; (ii)
fifteen (15) days following Site Plan Approval for the Property from the City of
Boynton Beach, Florida ("Closing Date"). In the event that the Closing Date
4
falls on a Saturday, Sunday or Federal Holiday, the Closing Date shall be the
next business day thereafter.
(b) Extensions. Buyer shall have the option of three successive
closing extensions of thirty (30) days each (the "Extension" or "Extensions") by
paying to Seller directly - ~ II:~ ~ ("Extension
Payment") for each such Extension. Each such Extension shall not be credited to
the Purchase Price. Written notice of such election for each Extension shall be
given by Buyer to Seller at least ten (10) days before the end of the original
Closing Date or prior Extension, as the case may be, accompanied by the
Extension Payment.
( c) Closing Location and Time. The Closing will be held at
Seller's attorney's office at 10:00 a.m.
(d) Costs. Seller shall pay its attorneys' fees, the cost of the of
documentary stamps to be affixed to the Deed (as defined herein), the cost of the
title search and title policy and the brokerage commission described in Section
13 hereof. Buyer shall pay for its attorneys' fees, the cost of recording the Deed,
the cost of the revised survey and all costs, application fees and attorney's fees
associated with the Development Approval up to the Closing Date.
(e) Seller Extension. Seller, at its sole option, may extend the
Closing Date until ten (10) days after the Plat has been recorded by giving
written notice to Buyer at any time prior to or on the Closing Date.
7. Seller's Deliveries. Seller shall deliver to Buyer at the Closing the following
documents, dated as of the day of the Closing, the delivery and accuracy of which shall be a
condition to Buyer's obligation to consummate the transaction.contemplated hereby:
;7
" 1\
l~ ~
(a) Special Warranty Deed. A special warranty deed (the
"Deed") in recordable form, duly executed by Seller, conveying to Buyer fee
simple title to the Property subject only to those exceptions contained in the
Commitment together with Florida Department of Revenue Form DR-219
executed by Seller.
(b) No-Lien Mfidavit. A no-lien and exclusive possession
affidavit in form and content customarily used in Palm Beach County, Florida,
subj ect to the rights of tenants in possession pursuant to the Leases (hereinafter
defined). The no-lien affidavit shall relate to any activity of Seller at the
Property within the period that a mechanic's lien can be filed based on such
activity prior to the Closing.
( c) FIRPT A Mfidavit. In order to comply with the
requirements of the Foreign Investment Real Property Tax Act of 1980
("FIRPTA"), Seller will deliver to Buyer at the Closing Seller's affidavit under
penalty of perjury stating Seller is not a "foreign person," as defmed in Section
1445 of the Internal Revenue Code of 1986, as amended, and the United States
O:\PUGA023\Purchase Agreemenl.approved.Oclober 29.DOC
5
Treasury Regulations promulgated thereunder, setting forth Seller's taxpayer
identification number, and that Seller intends to 'file a United States income tax
return with respect to the transfer. Seller represents and warrants to Buyer that it
has not made nor does Seller have any lmowledge of any transfer of the Property
or any part thereof that is subject to any provisions ofFIRPTA that has not been
fully complied with in all respects. As reqUired by law, if Seller fails to comply
with the requirement of this subsection, Buyer shall withhold ten percent (10%) of
the Purchase Price in lieu of payment thereof to Seller and pay it over instead to the
Internal Revenue Service in such form and manner as may be required by law.
(d) . Title Affidavit. An affidavit as may be required by Title
Company to permit the issuance of an endorsement to the Commitment
advancing the effective date of the Commitment to the date of the Closing and
deleting the standard printed exceptions and "gap" exception contained therein.
( e) Entity Documents. Any and all documents reasonably
requested by the Title Company in connection with Seller's authority to execute
this Agreement, the Deed, and all other documents contemplated hereby to be
executed by Seller.
(f) Closing Statement. A closing statement prepared by
Escrow Agent setting forth all amounts paid, credited and otherwise due, payable
and paid hereunder (the "Closing Statement").
(g) Other Documents. Any and all other documents as may be
reasonably necessary in order to fully and completely consummate the
transaction contemplated hereby pursuant to the terms of this Agreement.
8. Buver's Deliveries. At the Closing and simultaneously with Seller's delivery of
the documents required in Section 8 hereof: Buyer shall pay to Seller by wire transfer of funds
the Purchase Price, adjusted for the prorations and other payments provided for in this
Agreement. In addition, Buyer shall deliver any and all documents as may be necessary in order
to fully and completely consummate the transaction contemplated hereby pursuant to the terms
of this Agreement, including, without limitation, the Closing Statement.
9. Taxes and Prorations. At the Closing, the taxes on the Property shall be
prorated between the parties on the basis of the taxes 'paid for the most recent year that have been
assessed and billed. If the actual taxes for the year of the Closing are not determinable on the
date of the Closing, then the parties agree to re-prorate taxes promptly upon the issuance of the
tax bill for the year of the Closing. The parties acknowledge that the Property does not currently
have a separate parcel tax identification number and that a tax proration must be performed using
a separate methodology.
lfq
! .
\..//
10. As Is. This sale is made and will be made without representation, covenant, or
warranty of any kind (whether express, implied, or, to the ma-ximum extent permitted by
applicable law, statutory) by Seller. As a material part of the consideration for this Agreement,
Buyer agrees to accept the Property on an "AS IS" and "WHERE IS" basis, with all faults and
~"^""""""R,,,"_~_"'OOC 6
"
any and all latent and patent defects, and without any representation or warranty, all of which
Seller hereby disclaims, except for Seller's Warranties. Except for Seller's Warranties, no
warranty or representation is made by Seller as to (a) fitness for any particular purpose; (b)
merchantability; (c) design; Cd) quality; (e) condition; (f) operation or income; (g) compliance
with drawings or specification; (h) absence of defects; (i) absence of hazardous or toxic
substance; CD absence of faults; (k) flooding; or (1) compliance with laws and regulations
including, without limitation, those relating to health, safety, and the environment. Buyer
aclrnowledges that Buyer has entered into this Agreement with the intention of making and
relying upon its own investigation of the physical, environmental, economic use, compliance,
and legal condition of the Property and that Buyer is not now relying, and will not later rely,
upon any representations and warranties made by Seller or anyone acting or claiming to act, by,
through or under or on Seller's behalf concerning the Property. The provisions of this subsection
12(k) shall survive indefinitely and closing or termination of this Agreement and shall not be
merged into the closing documents.
. 11. Intentionallv Left Blank.
12. Cross-Access Easement. Simultaneous with Closing, the parties shall execute
and have recorded in the public records of Palm Beach County, a Cross-Access Easement,
acceptable to Seller allowing the free flow of vehicular and pedestrian traffic across to and from
the Property to the properties located to the south and north of the Property along a route
substantially similar to the easement shown on EXHIBIT "B" attached hereto and made a part
h~~ s~
" .
13. Real Estate Commission~: 'Seller h~rebY warrants t~' Bu;er that' Se'ller has no~
engaged or dealt with any broker or agent with respect to the purchase and sale of the Property as
~ ~ @ontemplated b~!.bis Agreement other than Altman, Tieman & Ely, Inc. ("Broker"), Seller shall
r ,pay Broker a]torhmission at the time of the Closing, but only if, as and when the transaction
contemplated hereby closes, pursuant to' a separate agreement by and between Broker and Seller.
Seller shall indemnify and hold Buyer harmless from and against any and all liability, cost,
damage and expense (including, but not limited to, attorneys' fees and costs of litigation and
appeals) Buyer shall ever suffer or incur because of any claim by any broker or agent claiming to
have dealt with Seller, induding the Broker, whether or not meritorious, for any commission or
other compensation with respect to this Agreement or to the purchase and sale of the Property in
accordance with this Agreement. Buyer hereby warrants to Seller that Buyer has not dealt with
any broker or agent (other than Broker) with respect to the purchase and sale of the Property as
contemplated by this Agreement. Buyer shall indemnify and hold Seller harmless from and against
any and all liability, loss, cost, damage and expense (including, but not limited to, attorneys' fees
and costs of litigation and appeals) Seller shall ever suffer or incur because of any claim by any
broker or agent, other than Broker, claiming to have dealt with Buyer, whether or not meritorious,
for any commission or other compensation with respect to this Agreement or to the purchase and
sale of the Property in accordance with this Agreement. The obligations of Seller and Buyer under
this Agreement shall survive the Closing hereunder or any earlier termination of this Agreement.
__0." .
14. Condemnation. In the event of the institution against the record owner of the
pr~rty of any proceedings Gudicial, administrative or otherwise), relating to the taking, or to a
pr sed taking, of any portion of the Property by eminent domain, condemnation or otherwise
fti"
7
n"'\PII~A023\Purr.h::l,"p An~pmpnt ;::InnrnvflIrl nMnhpr ?Q nor.:
, ,
prior to the Closing, then Seller shall notify Buyer promptly and Buyer shall have the option, in
its sole and absolute discretion, of either (a) terminating this Agreement and obtaining a refund
of the Deposit paid hereunder, whereupon the parties shall be relieved from all further liabilities
and obligations hereunder other than those that specifically survive hereunder or (b) proceeding
to the Closing in accordance with the terms of this Agreement. Such election shall be made by
Buyer within ten (10) days of receipt of Seller's notice. If Buyer does not elect to terminate this
Agreement, then Seller shall at the Closing pay to Buyer all condemnation awards and
compensation then received by Seller. In addition, Seller shall transfer and assign to Buyer, in
fonn reasonably satisfactory to Buyer, all rights and claims of Seller with respect to payment for
damages and compensation on account of such damage, destruction or taking. If Buyer fails to
make an election in writing, Buyer shall be deemed to have elected alternative (b) above.
15. Default.
(a) Buver Default. If the transaction contemplated hereby fails
to close due to a default on the part of Buyer, then the Deposit paid hereunder
shall be delivered by Escrow Agent to Seller as liquidated and agreed upon
damages and thereafter, Buyer shall be relieved from all further obligations
under this Agreement and Seller shall have no further claim against Buyer for
specific performance or for damages by reason of the failure of Buyer to close
the transaction contemplated hereby. The parties agree that such amount is not a
forfeiture or penalty.
(b) Seller Default. If the transaction contemplated hereby fails
to close due to a default on the part of Seller, then, at the option of Buyer; (i) the
Deposit shall be returned by Escrow Agent to Buyer, or (ii) Buyer shall have the
right to maintain an action for specific performance of this Agreement by Seller
but not an action for damages.
( c) The remedies described above are the only remedies of the
parties in the event of default, and it is agreed, aclmowledged and understood
that the parties find these remedies to be fair, adequate, just and reasonable under
the circumstances.
16. Escrow. Escrow Agent, in receiving funds to hold in escrow hereunder, is
authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and
to disburse same subject to clearance thereof in accordance with terms and conditions of this
Agreement. Failure of clearance of funds shall not excuse performance by Buyer. In the event
of doubt as to its duties or liabilities under the provisions of this Agreement, Escrow Agent may,
in its sole discretion, continue to hold the monies which are the subject of this escrow until the
parties mutually agree to the disbursement thereof, or until a judgment of a court of competent
jurisdiction shall determine the rights of the parties thereto, or it may deposit all the monies then
held pursuant to this Agreement with the Clerk of the Circuit Court of Palm Beach County, Florida,
and upon notifying all parties concerned of such action, all liability on the part of Escrow Agent
shall fully terminate, except to the extent of accounting for any monies theretofore delivered out of
escrow'lf.~e event of any suit between Buyer and Seller wherein Escrow Agent is made a party
by virtu ~ f ;ting as escrow agent hereunder, or in the event of any suit wherein Escrow Agent
e!!""""...~__.........o_. ".ooc 8
interpleads the subject matter of this escrow, Escrow Agent shall be entitled to recover a reasonable
attorneys' fee and costs incurred, said fees and costs to be charged and assessed as court cost in
favor of the prevailing party. All parties agree that Escrow Agent shall not be liable to any party or
person whomsoever for misdelivery to Buyer or Seller of monies subject to this escrow, unless such
misdelivery shall be due to a willful breach of this Agreement or gross negligence on the part of
Escrow Agent. Seller and Buyer agree that the status of Buyer's counsel as Escrow Agent under
this Agreement does not disqualify such law firm from representing Buyer in connection with this
transaction and in any disputes that may arise between Seller and Buyer concerning this transaction,
including any dispute or controversy with respect to the Deposit paid hereunder.
17. Entire A2reement. This Agreement constitutes the entire agreement between the
parties with respect to the transaction contemplated herein, and it supersedes all prior
understandings or agreements between the parties.
18. Bindin2 Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, devisees, personal representatives, successors and
permitted assigns.
19. Survival of Sections. The terms, conditions and warranties contained herein that
state they specifically survive shall survive the Closing and delivery of the Deed or earlier
termination of this Agreement as set forth herein.
20. Waiver: Modification. The failure by Buyer or Seller to insist upon or enforce
any of their rights shall not constitute a waiver thereof, and nothing shall constitute a waiver of
Buyer's right to insist upon strict compliance with the terms of this Agreement. Either party may
waive the benefit of any provision or condition for its benefit that is contained in this
Agreement. No oral modification of this Agreement shall be binding upon the parties and any
modification must be in writing and signed by the parties hereto.
21. Governinf! Law: Venue. This Agreement shall be governed by, and construed in
accordance with the laws of, the State of Florida. The venue of any litigation arising out of this
Agreement shall be Palm Beach County, Florida.
22. Headinf!s. The section headings as set forth in this Agreement are for
convenience of reference only and shall not be deemed to vary the content of this Agreement or
limit the provisions or scope of any section herein.
23. Notices. Any notice, request, demand, instruction or other communication to be
given to either party, except where required by the terms of this Agreement to be delivered at the
Closing, shall be in writing and shall be sent by registered or certified mail, return receipt
requested, or by express overnight courier, or by facsimile, as follows:
If to Buyer:
Mr. Mark Paulino
4036 Artesa Drive
Boynton Beach, Florida 33463
Telecopy: (561) 364- 2553
/7
I
{J \'0 ~
9
O:\PUGA023\Pun:hase Agreemenl.approved.October 29.DOC
If to Seller:
Boynton Properties, LLC
101 Pineapple Grove Way
Delray Beach, FL 33444
with copy to:
Weiner & Aronson, P .A.
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Attention: Jason S. Mankoff, Esquire
Telephone: (561) 265-2666
Telecopy: (561) 272-6831
Notice shall be deemed given if fOlwarded by certified mail through the facilities of the United
States Postal Office on the day following the date that the notice in question is deposited in the
facilities of the United States Postal Service. If notice is forwarded by express overnight courier, it
shall be deemed given on the day that the notice in question is deposited m the facilities of an
express overnight courier. If notice is forwarded by facsimile, it shall be deemed given upon proof
of successful transmission on a business day.
24. Assimment. This Agreement may not be assigned by Buyer, without Seller's
consent in Seller's sole discretion.
25. Attornevs' Fees. In the event that it becomes necessary for either party to bring
suit to enforce the terms of this Agreement, then the prevailing party shall be entitled to recover
all costs, including attorneys' fees, incurred in connection with such litigation (including
appellate proceedings) against the non-prevailing party.
26. Effective Date. The effective date of this Agreement (the "Effective Date") shall
be the date upon which the last party to execute this Agreement has executed this Agreement.
27. Time of the Essence. Time is of the essence with respect to each provision of
this Agreement that requires action be taken by either party within a stated time period, or upon a
specified date, provided, however, if the date for performance is on a Saturday, Sunday or
federal holiday, the date for performance shall be extended to the next business day.
28. Counterparts: Facsimile Sienatures. This Agreement may be executed in
multiple counterparts, each of which shall be deemed an original but all of which, together, shall
constitute but one and the same instrument. This Agreement shall be effective when the parties
have forwarded their respective signatures by facsimile either to the other party or to the other
party's counsel. Facsimile signatures shall have the same legal effect as original signatures.
29. No Recordation. In no event shall this Agreement or any memorandum of this
Agreement be recorded. Any such recordation or attempted recordation shall constitute a breach
of this A~ent by lbe party performing such recordation or attempted recordation.
00\~
10
O:\PUGA023\Purchase Agreement.approved.October 29.DOC
30. Construction. Each party hereto hereby acknowledges that all parties hereto
participated equally in the drafting of this Agreement and that, accordingly, no court construing
this Agreement shall construe it more stringently against one party than the other.
31. Severabilitv. In the event that any part or all of any term, covenant, condition,
agreement, provision or section of this Agreement shall be adjudged invalid or unenforceable by
a court of competent and final jurisdiction, the same shall be severable from the remainder of this
Agreement and this Agreement shall not terminate or be deemed void or voidable, but shall
continue in full force and effect and there shall be substituted for such invalid provision a like,
but legal and enforceable, provision which most nearly accomplishes the intention of the parties
hereto, and if no such provision is available, the remainder of this Agreement shall be enforced.
If such term, covenant, condition, agreement, provision or section of this Agreement is adjudged
invalid due to its scope or breadth, such item shall be deemed valid to the extent of the ~cope or
breadth permitted by law.
32. Waiver of JUry Trial. Each party hereby waives any right to a jury trial in
connection with any dispute between the parties arising from this Agreement from any claim
arising hereunder or in any course of conduct related hereto.
33. Tax Free Exchanl!es. At the request of either party, each party shall cooperate
with the other party in connection with the initiation and completion of a tax-free exchange
pursuant to Section 1031 of the Internal Revenue Code or such other applicable sections;
provided that the cooperating party shall incur no expense nor additional liability in connection
with such exchange; and further, no such exchange shall delay nor postpone any of the
transactions contemplated herein.
34. Miscellaneous. The use of the words "herein", "hereof', "hereunder" and any
other words of similar import refer to this Agreement as a whole and not to any particular article,
section or other paragraph of this Agreement unless specifically noted otherwise in this
Agreement. All pronouns and any variations thereof shall be deemed or referred to as the
masculine, feminine, neuter, singular or plural as the identity of the person or entity may require.
The captions used in connection with the articles, sections or paragraphs of this Agreement are
for convenience or reference only and shall not be deemed to construe or limit the meaning or
language of this Agreement. All exhibits are herby incorporated by reference and made a part of
this Agreement. All recitals are hereby incorporated by reference and made a part of this
Agreement. This Agreement is not intended to give or confer any benefits, rights, privileges,
claims, actions or remedies to any person or entity as a third-party beneficiary, or otherwise.
35. Confidentiality. All information provided by Seller to Buyer or obtained by
Buyer relating to the Property in the Investigation Period or otherwise, including, without
limitation, any environmental assessment or. audit, shall be treated as confidential by the Buyer.
Buyer shall not, except with the express prior written consent of the Seller, directly or indirectly
(a) disclose or permit the disclosure of any information to any person or entity except persons
who are bound to observe the terms hereof, or (b) use or permit the use of any information
relating to the Property (1) in any manner detrimental to the Seller; or (2) for any purpose other
than evalqating the contemplated purchase of the Property. The Buyer shall be pernritted to
~osures to (a) ilie Buyer's attorneys, accountants and advisors, including lenders wbo
O""""".....~~ ~,.,,,......"'".."'.DOC 11
are required to keep such information as confidential and bound to observe the terms hereof, or
(b) as Buyer may be required by any court order, subpoena or order of any governmental
authority. This obligation of Buyer under this Agreement shall survive the Closing hereunder or
any earlier termination of this Agreement.
35. Return of Propertv Information and Buver's Reports. If Buyer elects to
terminate this Agreement on or before the end of the Investigation Period or the Seller terminates
this Agreement following a default by Buyer, then Buyer shall deliver to Seller, immediately
after such termination, copies of all Property information and Buyer's reports
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
last below written.
O:\PUGA023\Purchase Agreemenl.approved.October 29.DOC
SELLER:
BOYNTON PROPERTIES, LLC, a Florida
limited liability company
BUYER:
ckd.~~L~
Date: I / /;' /
( I
,2004
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ADDENDUM TO AGREEMENT FOR PURCHASE AND SALE
This ADDENDUM TO AGREEMENT FOR PURCHASE AND SALE
("Addendum") is entered into by Boynton Properties, LLC ("Seller"), and Mark Paulino
("Buyer" or Purchaser"), an individual. The "Effective Date" of this Addendum shall be
the latest date that either Seller or Purchaser executes and delivers this Addendum.
WHEREAS:
Seller and Purchaser executed an Agreement for Purchase and Sale for the
property having an Effective Date of November 3, 2004.
The following terms and conditions are attached to and made an integral part of
the above-stated Agreement for Purchase and Sale. The provisions in this Addendum
shall control and prevail over other conflicting provisions in the Agreement for Purchase
and Sale.
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. The recitals set forth above are incorporated as fully set forth herein.
2. Within twenty days after the Effective Date of this Addendum, Seller shall
provide Buyer with a title commitment (the "Commitment"), together with
legible copies of all documents referenced therein from a title agent of
Seller's choosing ("Title Company).
3. The Investigation Period shall expire January 10, 2005.
4. Exhibit "A", being the legal description, is attached.
5. Seller has submitted the Text Amendment and shall continue to use its
best efforts to submit the other Development Approvals. Buyer agrees
that Seller has been using its best efforts to submit these Development
Approvals to the City of Boynton Beach.
6. This Addendum may be executed in multiple counterparts, each of which
shall be deemed an original but all of which, together, shall constitute but
one and the same instrument. This Addendum shall be effective when the
parties have forwarded their respective signatures by facsimile either to
the other party or to the other party's counsel. Facsimile signatures shall
have the same legal effect as original signatures.
1
C:IDocurnents and SettingslazuritalLocal SettlngslTernporary Internet RleslOLK32AlAddendum Purchase Agreement..DOC
IN WITNESS WHEREOF, the parties have executed this Addendum as of the day
and year last below written.
Print Name:
^'" (j I ..J R-1i'!- .
,2004
Date:
BUYER:
Print Name:
Print Name:
Date:
,2004
2
C:IDocuments and SettingslazurilalLocal SettingslTemporary Intemet RleslOLK32AlAddendum Purchase Agreement..DOC
.i
IN WITNESS WHEREOF, the parties have executed this Addendum as of the day
and year rast oefow written.
WITNESSES:
Prinl Name:
Print Name:
Print Name:
.~
OilF'tlGAC23IAaaol1Qum Purt;ll~,o Agrcomcnl..OOC
SELLER:
Date:
,2004
. t
B)JY~J~: .,.. / /
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,/ -
.. .' , .' ~,...J
. :.. /l/ Ie ,(/}4't . t: "" ((i
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Date:
/::2/03
/
,2004
2
.-:,--..
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DESCRIPTION OF PROPOSED PARCEL "e":
A PORTION OF LOT i, LAWSON INDUSTRIAL PARK PLA T NO.2,
ACCORDING TO THE PLA T THEREOF AS RfCORDED IN PLA T
BOOK 46, PAGES 178 AND 179, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING A T THE INTERSECTION OF THE EAST LINE OF
TRACT "A ~ LA WSON INDUSTRIAL PARK PiA T. NO. 1, ACCORDING
TO THE PLA T THEREOF AS RECORDED IN PLA T BOOI< 42, PAGES
134 AND 135, PUBLIC RECORDS OF PALM oEACH COUNTY WITH
THE NORTH RIGHT OF WA Y LINE FOR S.W. 30tH A VENUE AS
SHOWN ON SAID PLA T OF LA WSON INDUSiRIAL PARK PLA T
NO. 1,' THENCE NORTH, ALONG THE EAST LINE OF SAID TRACT
"A': A DISTANCE OF 505.79 FEET TO A POINT ON A LINE
150.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE
OF SAID LOT 1,' THENCE S.87029'35"W., AlONG SAID PARALLEL
LINE, A DISTANCE OF 138.08 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S.87029'J5"W., ALONG SAID PARALLEL LINE,
A DISTANCE OF 155.15 FEET TO A POINT ON THE WEST LINE
OF SAID LOT 1 AND A POINT ON THE EASt RIGHT OF WA Y LINE
OF CONGRESS A VENUE; THENCE SOUTH, A~ONG SAID WEST LINE,
A DISTANCE OF 245.27 FEET; THENCE EAST, A DISTANCE OF
155.00 FEET,' THENCE NORTH 252.06 FEEl TO .THE POINT OF !
~m~~~ !
~
l
SECOND ADDENDUM TO AGREEMENT FOR PURCHASE AND SALE
This SECOND ADDENDUM TO AGREEMENT FOR PURCHASE AND SALE
("Second Addendum") is entered into by Boynton Properties, LLC ("Seller"), and Mark
Paulino ("Buyer" or Purchaser"), an individual. The "Effective Date" of this Second
Addendum shall be the latest date that either Seller or Purchaser executes and delivers
this Second Addendum.
WHEREAS:
Seller and Purchaser executed an Agreement for Purchase and Sale for the
property having an Effective Date of November 3, 2004 and Addendum to Agreement
for Purchase and Sale ("Addendum") dated December 5, 2004.
The following terms and conditions are attached to and made an integral part of
the above-stated Agreement for Purchase and Sale. The provisions in this Second
Addendum shall control and prevail over other conflicting provisions in the Agreement
for Purchase and Sale and Addendum.
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. The recitals set forth above are incorporated as .fully set forth herein.
2. The Closing Date, as referenced in Section 6(a) of the Agreement for
Purchase and Sale shall be the earlier of: (i) one hundred eighty (180)
days from the Effective Date; or (ii) fifteen (15) days following Site Plan
Approval. Since Site Plan Approval shall not be received prior to one
hundred eighty (180) days from the Effective Date, the parties agree that
the Closing is thus scheduled for May 2, 2005 unless extended as
provided below. ,.
3. Pursuant to Section 6(b) of the Agreement for Purchase and Sale, Buyer
shall have the option of three (3) successive closing extensions of thirty
(30) days each (the "Extension" or Extensions") by paying to Seller directly
and not in escrow~. Il '!l _ 7 .1 ("Extension
Payment") for each such Extension. Each such Extension shall not be
credited to the Purchase Price and shall not be refundable. Written notice
of such election for each Extension shall be given by Buyer to Seller at
least ten (10) days before the end of the original Closing Date or the prior
Extension, as the case may be, accompanied by the Extension Payment.
1
O:\PUGA023\Second Addendum to Agreement for Purchase and SaJe.April 7.DOC
4. Pursuant to Section 4 (b) of the Agreement for Purchase and Sale, in the
event that the Development Approvals should not be obtained within
twenty (20) days prior to the Closing Date, that is April 12, 2005, then
Buyer shall have the option to: (i) extend the Closing Date pursuant to
Paragraph 6.(b); or (ii) by written notice to Seller, terminate this
Agreement for Purchase and Sale. If Buyer elects to extend the Closing
Date by an Extension, the Deposit shall remain with the Escrow Agent. If
Buyer terminates this Agreement timely, the Deposit shall be returned to
Buyer. Under all other circumstances, unless due to the material default
of Seller, the Deposit shall be delivered to Seller in the event of Buyer's
default or other failure to close.
5. This Addendum may be executed in multiple counterparts, each of which
shall be deemed an original but all of which, together, shall constitute but
one and the same instrument. This Addendum shall be effective when the
parties have forwarded their respective signatures by facsimile either to
the other party or to the other party's counsel. Facsimile signatures shall
have the same legal effect as original signatures.
[signatures on next page]
2
O:\PUGA023\Second Addendum to Agreement for Purchase and SaJeApril 7.DOC
fC'R-12-2E105 06:40A FROM:LORI BR0~IO- 5615867899
J-ll"'t<. 11 . /:::\110;:),1 q; \a4t'f'lIUER.loHLLi I. c...I'<NHN l!o t..L T lNt. +
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rr .~612726831 P.4
g1'IV. ;:) J ;;)1'" II II'tr . ...... ",'iI
IN WITNESS WHEREOF, the parties have axecutlld this Addendum as of the day
end year last befow written.
WITNE9S!S:
SELLER:
PrInt NIItI8:
~~
Prine ~
Date:
-
. 2005
~~
c7QJr! ~
PriIlt Na;me;
Date: ,1/1 t.s-
f..!. I
, 2005
3
Q:\JlU(Jo\OZl\!MlN11 M4I.rIlum 10 AOrIMWl' fr JIlvrClllH Il'ld fllleAllnl1.DOC
..
IN WITNESS WHEREOF, the parties have executed this Addendum as of the day
and year last below written.
~:
,2005
BUYER:
Print Name:
Print Name:
Date:
,2005
3
O:\PUGA023\Second Addendum 10 Agreement for Purchase and Sale.April 7.DOC
'I'
TUIJU) ADDENDUM TO AGllliEMENT FOR NJHCHASE AND SALE
This THIRD ADDENDUM TO AGRERMENT FOR }IURCHASR AND SALE
("Third Addendum") is entered into by Boynton Properties, LLC ("Sellcl'''), and Mark Paulino
e'Buyer" or "Pu.rchaser"), an individual. The "Effective Date" of this Third Addendurn shall
he the latest date that either Seller or Purchaser executes and delivers this Third Addendum.
WHEREAS:
Seller and Purchaser executed an Agrecment (<:)1: Pllrchase :md Salc ler the property
having an EITective Date ofNovcmber 3,2004, an Addendum to Agreement for Purchase and
Sale ("Addendum") dated, December 5,2004, and a Second Addendum to Agreement for
Purchase and Sale ("Second Addendum"), dated April 11, 2005.
The fi.)llowing tenn~ and conditions are attached to and made an intcgral part orthe
above-stated Agreement for Purchasc and Sale. The provisions in this Third Addendum sh.aU
control and prevail over all othcr eOllllieting pTOvisions in the Agreement lor Purchase and Sale,
Addendum, and Second Addendum.
In consideration of the mutual covt::nant ;md agreement set 1'orth herein (l11d other good
and valuable considcration, the receipt and sufficiency of which are hereby acknowledged, thc
parties hereto hereby covenant and agree as follows:
AGRERM.ENT:
I. The recitals set fOl1h above arc incorporated a~ fuUy set f011h herein.
2. Buyer is herewith given the option ofthree (3) successive closing extensions of
thirly (30) days each (the "Extension" or "Extensions"), which Extension shall
be in addition to those Extensions heretofort:: lUanted under the Second
. .....
Addendum, paragraph 3, hy paying to Seller directly and not in escrow'"
_ . ~ _.' r ; ("Extension paymenf') '(er each ~uch Rxtt::l1sion.
Each such Extension sha.U not be credited to the Purchase Pl;ce and shall not be
rc1hndable. \Vrilten notice of such election lor each Extension shall be given by
Buyer to Sc11cr at least Len (1.0) days before the end of the last applicable
Extension provided under the Second Addendum, paragraph 3, as aforesaid,
accompanied by the Extension Payment.
3. The date called for closing under the Second Addendum shall bc extended to em!
on the last date of any validly exercised Extension Period exercised by Buyer, but
in no event later than the last Extension validly exerei~ed by Buyer in accordance
with the temlS herein.
4. This Addendum may he executed in multiple wunterpm1s, each of which shall be
deemed all original but all of which, together, shall constitute but one (1J1d the
/:\I',mlilll'. M3rk . C3r W3shlThil'd J\dd"uulITrllo Agrc"lllcnt f"I" PUI"ch:!sc 3n(! S~lc,c1oc
same lnstmment. This Addendum shall be elTective when the parties have
forwarded their respective signatures by faesirnile either to Ole other palty or to
the other palty's counsel. Facsimile signatures shal1 have the same legal el1ed as
O1;ginal signatures.
[signatures on next page]
'.;.. . ''It. >
Z:\PnllliIlO. Murk - ellr W",sh\Thirrl .Adrlcnd\llll to Agreement fur PlIrdmse llnd ~,.Ic.d(l"
'"
, ,
IN WITNESS vVHFREOF, the parties have executed this Addendurn a::; orthe date and
year lasl helow written.
Dated:
,2005
CiJ:::)i
P;intcd N;~l]5/f!:4f:jdfs
~ ~~ _n_n.
\... ' }>, ~d..i't/'
. ~_CLnl_ ~,
/1-~
~~..:~f ~U~'
.../" Prhltec1 N!:!c~~
SELLER:
Printed Name:
,2005
/.:\J>Hulillll, MHrk - C.r Wllsh\'J'hinl Adtl~nJlITIIIt, Agr.,,;m.,lll for Pllrch~l;;e lllld Sale.d(n:
.,
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. BOYTNTON BEACH BOULEVARD, #201
BOYNTON BEACH, FLORIDA 33435
PHONE . 561 /736-8838
FAX. 561/736-8079
LETTER OF TRANSMITTAL
Date: October 20, 2005
Subject: ~~_____
I ~aPidO Rabbit - Site Plan
1-
To:
Ed Breese
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
We are providing:
~ Attached
o Under Separate Cover
Via:
o US Mail
~ Courier/Hand Delivery
o Overnight Delivery
o Pick Up
The followin
Co ies
Date
Descri tion
8x11 set of lans
lans in pdf
l
.-- ------l
These are being transmitted as check below:
~ For your use ~ As requested
o For your reference & file 0
o For your review & comment
Other as indicated below
Remarks:
!
Attached are the plans and cd as requested. Please let me know if you need anything else.
Thanks.
cc:
From: Nicole R. Simpson
.
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Time and Date of Meetints 1/ IIi c2,G-;-n .
Those att~nding &tin~ .
~L~/f f ~
PRE-APPLICATION CONTACT QUESTIONS
Applicant's Name: ~~jt7~
Phone: c2? 2 -fXJ?!:Z-
1. HAVE YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT?
Yes No
(IF YES, HAVE THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE-
APPLICATION MEETING?
STAFF MEMBERS NAME:
2.
LOCATION OF PROPERTY (CROSS STREETS/INTERSECTIONS)
c50 ~~O.. ~ ~ ..~.
1J1Jd-
~tJ~
3.
WHAT WOULD YOU LIKE TO DO?
~ NEW PROJECT
BUILDING EXPANSION OR MODIFICATION
CHANGE IN PRIOR USE?
IS THE STRUCTURE CURRENTLY VACANT?
VARIANCE TYPE:
POOL OR SCREEN ENCLOSURE
COMMERCIAL 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 person that someone from the Department will call them to confirm the meeting.
..................................................................................
· Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled
no less than two (2) days prior to date/time of meeting. If urgency is sensed, discuss with Mike.
. Meetin!!s may be scheduled:
Monday afternoons
Tuesday all day
Wednesday all day
Thursday mornings
Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.m
S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p i.doc
e It- I ~ ~ ~Jd,;:;f
l;
PRE-APPLICATION CONFERENCE REVIEW FORM
Date II -/ ~ - 0 4- Time Started Ol.: ()O
Attending as Applicant
Phone
Time Finished
Fax
Proposed Project Information
Proposed Project Name and
TypelUse flkpl(X) l2A-e,tJlI ~~
Site Location (Address if Available) 1}.1 ; ~. ~
Site PCN
Existing Zoning
Existing Land Use. Density
Anticipated Submittal Date
Ai eJ<'?' /l) SAF€
Se~
Proposed Zoning
Proposed Land Use/Density
/
Vacant
Notes and Comments
Lot Area
Lot Frontage
Lot Depth
Setback
Height
Parking Requirements or Improvements
Landscaping/Buffering
Non-conforming Use or Change in Use
Other Zoning Changes Required
Hazardous Material
Notes/Comments/Recommendations
..J1s.c.u..s& ~ ~ ~I*f' I~ NW ~ ~ 17Ies ~ QC.- M-I
~/.or;,. AsKeD IJ6t:Jur /l.e~t~ ~ ...ue IAJJH~ ,r ~ &c€ Cc4J ..
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Tf ~A# A-E;s'f1,laJC- ~ ~ ~ ~~ ~ ~( TJI.G
~~_ ~~ ~ IU"~ ~, 1WrOM.tr'flc/~ tl.E"
~ tL..)t:S ~ ~ ~. T~ IAlId6+rEt::> ~rY ~
]'f) ~ ~ 71J.tpr ~ ~ <;w~ bF 'T)I.fE; ~
AtV1J ~tL ~~lt!'UcSnC8 k- ~ ~,4.(..; 'f2iK7'~
1.JI6.!I ~ ~ 'f1rWU)(.ItJI# 71H:.$/llE" /hthV (1/1fJt<j P/L€l.JAA-I~) ~ ~~
~ ~~ ~1/8k~ e.r~ VnWr:J /:>su.LS ~
~7;. nCJ,u., ofJ.
NOTICE: The purpose of this conference shall be for staff and applicant to discuss overall community goals,
objectives, policies and codes as 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.
S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc
PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
MEETING DATE:
TIME:
ATTENDING FOR APPLICANT:
N OTI CE: The purpose of this conference shall be for the staff and applicant to discuss overall
community goals, objectives, policies and codes as 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.
City of Boynton Beach Attending for Applicant
Attendine Staff
S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p3.doc