CORRESPONDENCE
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WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
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The Clark House
102 North Swinton Avenue
Delray Beach, FL 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
November 16, 2007
Via Email
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
James Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Blvd., Ste. 200
Ft. Lauderdale, Florida 33308
Re: Gulfstream Gardens
Our File No.: LOC0002
Dear Kurt and Jim:
Enclosed is an additional copy of the suggested letter concerning the entitlements for
Gulfstream Gardens. I understand that the matter is on the agenda for November 20, 2007, but
will be postponed.
I am sure you understand why my client would still like to address the issue raised by the
letter prior to any public meeting. It serves no purpose to jeopardize entitlements that improve
the value of the property for all involved. As we understand it, this issue is mostly about taxable
value, and we all know that entitlements are important to taxable value.
Please understand the sensitivity of this issue to my client. Under the circumstance, we
reserve all rights. We are merely attempting to settle with you. Our position remains that we
are within the CRA. On the other hand, do not interpret these statements as being combative
since we are hoping for a successful resolution between two government agencies, namely the
City and the CRA, which accomplishes their goals and preserves my client's entitlements.
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Enclosure
Cc: Mr. Rick Lococo (w/o enclosures)
Ms. Ashlee L. Vargo (w/o enclosure)
O:\LO(,0002\L~tl~r to Ch~ror Br"ssll~r. Nov 15. 2007.Lloc
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November 6, 2007
Gulfstream Gardens, LLC
601 Bayshore Blvd.
Suite 650
Tampa, Florida 33606
Re: The project is referred to as "Gulfstream Gardens I and Gulfstream
Gardens II located at 3401 5 Federal Highway in Boynton Beach, Florida
Gentlemen:
We understand that with respect to the above-captioned project you appeared
before the Community Redevelopment Agency ("CRAil) and the City Commission of
Boynton Beach, Florida on November 1, 2005; December 7, 2005; January 3, 2006; and
January 17, 2006. We also understand as a result of those hearings, you obtained a
Future Land Use Map Designation of Special High Density Residential and a PUD as a
zoning district. The project is also annexed into the City of Boynton Beach, Florida and
a site plan was approved and a document for unified control was recorded. We
understand that you have relied upon these entitlements and that you have commenced
construction, paid certain County and City Impact fees and obtained certain permits.
We have brought to your attention that the City of Boynton Beach, Florida is
reviewing the boundaries of the district of the CRA and that a portion of the project that
has been approved mayor may not be within the borders of the CRA. We wish to
confirm with you that a determination of the boundaries of the CRA's borders shall not
any way or manner affect the annexation, Future Land Use Map Designation, zoning,
site plan approvals, land development permit, building permits and miscellaneous
permits which have been issued to you and upon which you may continue to rely. The
annexation, Future Land Use Map Designation, zoning, site plan, approvals and permits
remain and continue to be valid.
You may continue in good faith to proceed with your project.
Very truly yours,
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GULFSTREAM GARDENS~ LLC (813) 251-1221
601 Bayshore Boulevard, Suite 650 Fax (813) 251-5720
Tampa, Florida 33606
November 14, 2007
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BUILDING DIVISION
Mr. Wayne Bergman
Chief Building Official
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Gulfstream Gardens Status
Dear Wayne:
We know that the status of our permit application for Gulfstream Gardens
was determined in a letter from Mr. William Bucklew, dated March 29, 2007. Mr.
William Bucklew stated in that letter that our permit applications were not
abandoned, that no further extension was required and no appearance before
the Building Board is or would be required. Additionally, he stated that as long as
we continue to pursue these applications in good faith and keep the Chief
Building Official apprised of their status, these applications will remain active.
Therefore, the purpose of this letter is to keep you apprised of the applications.
The purpose of this letter is to apprise you of our progress. There has
been substantial activity that has occurred and continues to occur. The activities
can be summarized as follows:
1. Off Site Utilities/Permits/Fees
a. Current fees that have been paid to date are approximately
$2,482,786.00.
b. The Deputy Utility Director, Mr. Pete Mazzella, contacted the office
of Shah Drotos & Associates, the project engineer, and requested
that we redesign the off-site sewer tie-in that he originally approved
for an open cut across all four lanes of Federal Highway. The
reason for his request was to minimize the construction and traffic
disruption along Federal Highway and not have the same problems
that Southern Homes had with their sewer and water tie-in. Shah
Drotos & Associates has thus worked diligently since May 2007 to
find an alternate acceptable solution to both the City of Boynton
Beach and the Health Department. An alternate route has been
approved by both Mr. Pete Mazzella and the Health Department.
The redesign will only impact one single lane along the north end of
the site for a minimal amount of time. The permits were submitted
to FOOT on October 23, 2007 and are expected to be issued
around January, 2008.
Mr. Wayne Bergman, Chief Building Official
November 14, 2007
Page 2 of 3
c. The FOOT Utility Connection Permit has been resubmitted for a
time extension to allow for the approval for the off site sewer tie-in
on Federal Highway to be released. The extension request was
submitted on October 24, 2007.
d. The Driveway Connection Permit will now be processed with
FOOT. It was previously on-hold until the utility redesign was
completed and a LOC was issued to FOOT. This is now done and
we are waiting for this permit to be issued.
2. Clubhouse
a. Dunkelberger Engineering conducted all the soil borings for the
Clubhouse Foundations on March 10, 2007.
b. The City of Boynton Beach Building Department approved the
elevator slab inspection in the Clubhouse on March 15, 2007.
c. The elevator slab was poured on March 16,2007.
d. The slab-on-grade has been formed. We cannot install any
underground MEP because we do not have permits to do so.
Therefore, we cannot pour the slab on grade yet.
3. Demolition
a. All utility disconnections have been completed to the Chinese
Church.
b. We obtained a Demolition Permit for the Chinese Church on July
11, 2007 from the City of Boynton Beach and contracted with
Farache Enterprises for the Demolition of the Chinese Church.
c. The Asbestos Report was completed by Mactec Engineering on
July 13, 2007.
d. We contracted with ope General Contractors on September 9,
2007 to remove the Asbestos Containing Materials (ACM) per the
Asbestos Report and all work was completed and inspected by the
Health Department on September 20,2007.
e. The 10 day Notification Letter to Mr. Alex Ortega at the Palm Beach
Health Department was sent on November 9, 2007 per NESHAP
Requirements. Demolition is scheduled to commence on November
21,2007 and will be completed by November 29,2007.
Mr. Wayne Bergman, Chief Building Official
November 14,2007
Page 3 of 3
4. Site Utilities
a. Civil bidding will resume once the off site utility connection permits
have been released from FOOT per the new approved design.
b. Shah Orotos & Associates will revise the water, sewer and drainage
to accommodate connections to the Clubhouse and main entry
once the FOOT utility connection permits are issued.
As you can see, we are clearly moving forward in good faith. We know our
applications are active and look forward to giving you additional progress reports
in the future.
Regards,
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Rick Lococo
Gulfstream Gardens, LLC
Cc: Mr. Jeffery B. Meehan
Mr. Charles B. Funk
Page 1 of2
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Rumpf, Michael
From: Rumpf, Michael
Sent: Thursday, September 06,2007 12:43 PM
To: Bressner, Kurt; Cherof, James
Cc: Greene, Quintus; Lejeune, Carisse
Subject: RE: Gulfstream Gardens Our file no.: LOC0002
Attachments: Site Plan Phase 2.pdf; Site plan Phase 1.jpg; Combined map - City & CRA boundary.pdf
I've assembled the attachments attempting to provide the documents needed for the agenda item. Please
review and comment.
Mike
From: Bressner, Kurt
Sent: Tuesday, September 04, 2007 3:01 PM
To: Cherof, James
Cc: Rumpf, Michael; Greene, Quintus; Lejeune, Carisse
Subject: FW: Gulfstream Gardens Our file no.: LOC0002
Believe the ball would be in the City Commission's court. I'll go ahead and process an agenda item for
the first meeting in October. I'll need a digital copy of the site plan and a line showing the demarcation
between the CRA and non-CRA area.
Florida has a very broad public records law. Most written communications to or from local officials regarding City
business are public records available to the public and media upon request. Your e-mail communications may
therefore be subject to public disclosure.
From: Vanessa Foutz [mailto:vfoutz@zonelaw.com]
Sent: Friday, August 31, 2007 2:59 PM
To: Bressner, Kurt
Cc: Michael Weiner
Subject: Gulfstream Gardens Our file no.: LOC0002
Dear Mr. Bressner:
Attached is a letter from Michael S. Weiner, Esquire. We have also sent this letter to you via
regular mail. Please feel free to contact Michael directly should you need further assistance.
Thanks.
9/612007
Page 2 of2
",
Vanessa E. Foutz
Legal Assistant
Weiner & Aronson, PA
102 N. Swinton Avenue
Delray Beach, Florida 33444
Telephone: 561-265-2666 ext 714
Fax: 561-272-6831
email: vfoutz@zonelaw.com
NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that
may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard
copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please
notify us immediately by return e-mail or by telephone at 561-265-2666 and delete this message. Please note that if
this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this
message or any attachments may not have been produced by the sender.
9/612007
GULFSTREAM GARDENS PHASES I AND II
eRA BOUNDARIES
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Recently Annexed I Not in CR
Within CRA
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~f, Michael
From:
Sent:
To:
Cc:
Subject:
Rumpf, Michael
Tuesday, July 24, 2007 4:33 PM
Mummert, Bill
Bressner, Kurt; Swanson, Lynn
RE: Gulfstream Gardens from Michael Weiner
Not knowing in what form this information is needed, I'll start with this and respond to
any questions or further requests.
The project consists of two phases. Both contained a combination of 1, 2 and 3 bedroom
units ranging between 1,448 sq ft and 3,205 sq ft., and as you probably realize, the
annexation boundary did not coincide with the phase lines nor site layout. Therefore, the
units located in the city and originally within the CRA, and those units planned/sited for
land that was annexed (which is not in the CRA) could be estimated but it would not be
exact. The project was approved with Special High Density land use, allowing 20 dus/acre.
Phase 1 -
Total site area: 9.99 acres (4.8 acres annexed)
Total units: 198
Phast 2 -
Total site area: 5.47 acres (3.166 acres annexed)
Total units: 109 (originally proposed as 110)
The approval also included a 6,046 sq ft club house to be shared by both phases.
-----Original Message-----
From: Bressner, Kurt
Sent: Monday, July 23, 2007 4:19 PM
To: Mummert, Bill; Swanson, Lynn
Cc: Rumpf, Michael
Subject: RE: Gulfstream Gardens from Michael Weiner
OK. At least this is better in terms of reporting requirements. I was concerned that we
would have a fourth CRA area. This then makes the matter a policy issue for the City
Commission to consider annexation. The staff analysis would need to calculate the loss of
revenue by ceding this to the CRA. We can base that on the value of the current property
and then calculate the estimated market/taxable value with an assumed increase over the
next 10 years. What I don't know is whether the project is owner occupied residential,
rental or commercial. Mike Rumpf will need to give us the site plan data so we can figure
out the improved value of the property and the projected tax revenue to the City vs. CRA.
I'd suggest a simple spreadsheet showing the parcel number, address of the subject
property, taxable value from PAPA and then a take off on the projected taxable value based
on our current tax rate over the next 10 years. The difference on the spreadsheet can be
the current taxable value and property tax we would receive compared with the improved
value and tax revenue. That would provide us with the TIF increment value that they want
us to give up.
Florida has a very broad public records law. Most written communications to or from local
officials regarding City business are public records available to the public and media
upon request. Your e-mail communications may therefore be subject to public disclosure.
-----Original Message-----
From: Mummert, Bill
Sent: Monday, July 23, 2007 2:24 PM
To: Swanson, Lynn
Cc: Bressner, Kurt
Subject: RE: Gulfstream Gardens from Michael Weiner
We checked with the PBC Property Appraiser and they indicated that any change would be
rolled into one of the existing blocks for reporting purposes and that the only recognized
1
change would be that the BASE YEAR information would be increased since the current value
of this proposed property would be added to the base year data. The TIF payment is based
on 95% of the total taxable value within the CRA boundaries multiplied by the City's
proposed millage rate, so the addition of this property would only increase the total
taxable value and our TIF payment. The most important issue to me would be the loss of
tax revenue to the City if this is added to the CRA boundaries.
-----Original Message-----
From: Swanson, Lynn
Sent: Wednesday, July 18, 2007 9:43 AM
To: Mummert, Bill
Subject: FW: Gulfstream Gardens from Michael Weiner
Bill:
I met with Kurt and Quintus Greene regarding this item on Monday. In addition to Kurt's
concern regarding the loss of tax revenue if the property is included in the CRA, he is
concerned that if included, the TIF calculation would be administratively burdensome. He
also wants to know if a different TIF rate would apply if the property was not originally
in the CRA area. Can you please have your staff check with the County tax folks and give
me your analysis?
Jim Cherof
-----Original Message-----
From: Swanson, Lynn
Sent: Wednesday, July 18, 2007 9:03 AM
To: Jim Cherof
Subject: Gulfstream Gardens from Michael Weiner
-----Original Message-----
From: bizhub@ci.boynton-beach.fl.us [mailto:bizhub@ci.boynton-beach.fl.us]
Sent: Wednesday, July 18, 2007 10:02 PM
To: Swanson, Lynn
Subject: [Image File] LYNN,KMBT350, #197
FROM:
Image data has been attached to
the E-Mail.
2
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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FILE COpy
www.boynton-beach.org
October 19, 2006
Bradley Miller
Miller Land Planning Consultants, Inc.
420 W. Boynton Beach Blvd.
Suite 201
Boynton Beach, FL 33425
RE: Gulfstream Gardens I
Gulfstream Gardens II
Dear Mr. Miller,
The information your office provided to us indicates that your client
has obtained a foundation permit (0600006264) for one of the above-
referenced developments. You have also indicated that a Unity of Title
(uniting the two properties) has been obtained thus meeting a Condition
of Approval.
Since the requisite permit was issued prior to the Site Plan Approval
Expiration date, your client would not need to pursue a Site Plan Time
extension.
If you have further questions, I can be reached at (561) 742-6260.
Sincerely,
Ed Breese
Principal Planner
Cc: Karen Main, Plans Analyst
File
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\No Time Ext. Rqd..doc
The City of Boynton Beach
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P.O. Box 310
Boynton Beach, Florida 33425-0310
PUBLIC WORKS DEPARTMENT
FAX: (561) 742-6985
www.boynton-beach.org
OFFICE OF THE CITY ENGINEER
June 19,2006
Mr. James F. Drotos, PE
Vice President
Shah Drotos & Associates, Inc.
3410 North Andrews Avenue Extension
Pompano Beach, Florida 33064
Re: Land Development Permit
Gulfstream Gardens
Dear Mr. Drotos:
Pursuant to your telephone inquiries on June 7th & 13th in regards to the transferring of the Land
Development Permit (LDP) noted above to a new developer, I submit to you my response. The LDP dated
April 27 ,2006 was sent to your attention for the above noted project. The LDP (as written) is applicable to
the project (development) and not directed to a specific developer.
Therefore, the LD P could be transferred to a new developer (I believe that you indicated that D. R. Horton
would be now be the developer for the project) by a simple assignment from you or your current developer.
However, all development plans submitted for construction permit( s) will require the current developer to
provide the respective surety for those applicable utility installations and improvement tasks requiring
same. You also need to advise this office of any transferring of the permit to the new developer.
Please be advised that through we issued your firm the Land Development Permit on April 27 , 2006 out of
the city's normal sequence, the Park impact fee noted in my April 20, 2006 letter (item #5) to Mr. Michael
Rose of your office has not been paid. The amount ofthe impact fee is $235,926.00 for both Phase I & II.
Therefore, no building permits shall be forthcoming until this fee is submitted to the City.
Again, you are reminded for underground and above ground work, you shall schedule a pre-construction
meeting with representatives of the Public Works Department (Engineering Division) and Utilities
Department to discuss scheduling, staging and inspections. Should you have any questions or require
additional information, please contact this Division at telephone number (561) 742-6980.
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. David Kelley, Jr., PE
City Engineer
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Al'tfERICA'8 GATElVA Y TO THE GULF8TREAlof
Mr. James F. Drotos, Shah Dr('~f)s & Associates, Inc.
Re: Land Development Penm Julfstream Gardens
June 19,2006
Page 2
xc: Jeffrey Livergood, PE, Director of Public Works
Laurinda Logan, PE, Senior Civil Engineer
Ken Hall, Engineering Plans Analyst/Inspector
Peter Mazzella, Deputy Utility Director
James Cherof, City Attorney
Ed Breese, Principal Planner, Planning & Zoning Division
Tim Large, Building Code Administrator
File
CITY OF BOYNTON BEACH
City Attorney's Office
MEMORANDUM
TO:
Ed Breese, Principal Planner
Jamila V. Alexander, Assistant City Attorney ~jIii-
April 26, 2006
FROM:
DATE:
RE:
Gulfstream Gardens Landscape Agreement and Easement
Pursuant to your request, our office has reviewed the proposed Landscape Agreement and
Easement between Public Storage, Inc. and Gulfstream Gardens, LLC. for legal sufficiency.
This Agreement is satisfactory as to legal form.
Please note, in view of the fact that the City of Boynton Beach will not be a party to this
Agreement, it is not necessary for this Agreement to be executed on behalf of the City. Should
you have any questions regarding the agreement, please do not hesitate to contact me.
JVA
S:\CA\MEMORANDUM\Breese (Gulfstream Gardens Easement Agrmnt).doc
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PLANNING AND ZONING
MEMORANDUM
TO:
James Cherof, City Attorney
Ed Breese, Principal Planner ~
April 12, 2006
FROM:
DATE:
SUBJECT:
Gulfstream Gardens Landscape Easement Agreement
Attached for your review is a copy of a proposed landscape easement agreement
involving a portion of an adjacent property, to satisfy a Condition of Approval of the site
plan. I would appreciate your review of this information in order that we may pass
comments back to the applicant as to sufficiency. Thank you in advance for your review
and do not hesitate to contact me with any questions you may have.
I Ruden
~_ McClosky
200 EAST BROWARD BOULEVARD
SUITE 1500
FORT LAUDERDALE. FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE. FLORIDA 33302
(954) 527-2404
FAX: (954) 333-4004
MARK.GRANT@RUDEN.COM
March 24, 2006
Mr. Dave Kelly
City Engineer
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Re: Gulfstream Gardens - Landscape Easement Agreement
Dear Mr. Kelly:
Weare counsel to Gulfstream Gardens, LLC and as such have been requested to write
this letter to you.
Enclosed please find the proposed Landscape Agreement and Easement. I've been in
conversations with the attorney for Public Storage Inc. (the owner of the property to the south of
the subject property) with respect to this proposed Landscape Agreement and Easement. The
enclosed copy of this proposed agreement is not the final agreement but is close to what will be
the final agreement. Once this agreement is fully executed it will be recorded. Should this
agreement change in any material respect from the form enclosed, we will send you a copy of the
changes. If for any reason this proposed agreement, in a form acceptable to the City is not
executed and recorded, Gulfstream Gardens LLC will, pursuant to your staffs recommendations,
install the trees within the south landscape buffer of the subject property.
I trust that this letter and the enclosed will meet with your approval. Should you require
anything further please do not hesitate to contact the undersigned.
Sincerely,
~1;8,.r
Mark F. Grant
cc: Gulfstream Gardens, LLC (w/encl.)
FTL:1710138:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT.IAUDERDAU; . MIAMI. NAI'lES . ORlANDO. PORT ST. LUCIE . SAItASOTA . ST. PETERSBURG. TALlAHASSEE. TAMPA. WEST PALM BEACH
This instrument prepared by,
record and return to:
Jon Chassen, Esq.
Kluger, Peretz, Kaplan & Berlin, P.L.
201 S. Biscayne Blvd., 17th Floor
Miami, FL 33131
LANDSCAPE AGREEMENT AND EASEMENT
THIS LANDSCAPE AGREEMENT AND EASEMENT ("Agreement") is made and
entered into this _day of ,2006 between PUBliC STORAGE, INC., a California
corporation ("Public Storage") and GULFSTREAM GARDENS, LLC, a Florida limited liability
company (" Gulfstream ").
(Wherever used herein, the terms "Public Storage" and "Gulfstream" include all of the
parties to this instrument and their respective successors and assigns)
WITNE S SETH:
WHEREAS, Public Storage is the owner ofthat certain real property located in Palm Beach
County, Florida, legally described on Exhibit "A" attached hereto and made a part hereof ("PS
Property"); and
WHEREAS, Gulfstream is the owner of that certain real property located adjacent to the PS
Property, which is legally described on Exhibit "B" attached hereto and made a part hereof
("Gulfstream Property"); and
WHEREAS, Gulfstream intends to develop a residential community on the Gulfstream
Property; and
WHEREAS, Public Storage desires to grant Gulfstream, a perpetual exclusive easement over,
upon, under, through and across a portion of the PS Property [said portion being the north fourteen
(14) feet (more or less; i.e., north of a line which is one (I) foot north of the northernmost building
on the PS Property) ofthe PS Property, except for the portion of the PS Property running from U.S.
Highway No. I to the northeast (NE) comer of the "one story masonry building (Office), all as
designated as the "Landscape Area" on the sketch of a portion of the PS Property attached as
Exhibit "C" hereto] for the purpose of installing, maintaining and replacing landscaping and
underground irrigation lines, and Gulfstream desires to landscape and maintain the Landscape Area.
{W:\Transact\2030\OOO I 1M027S 150 v.4; 1/1912006 11:07 AM}
NOW, THEREFORE, in consideration of the sum ofTen Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
do hereby agree as follows:
1. Recitals. The foregoing recitations are true and correct and are incorporated herein by
this reference.
2. Grant of Easement by Public Storage. Public Storage does hereby grant unto
Gulfstream a perpetual easement over, upon, under, through and across the Landscape Area for the
purpose of planting, maintaining and replacing landscaping and irrigation lines for same. This
easement includes access for persons and equipment through the Landscape Area to do any of the
things described in the preceding sentence. Access to the Landscape Area shall be via the
Gulfstream Property.
3. Term. This Agreement and the easements, rights, obligations and liabilities created
hereby shall be perpetual to the extent permitted by law; however, this Agreement shall terminate
upon the earlier to occur of (i) the mutual agreement of the owner of the PS Property and the owner
of the Gulfstream Property, memorialized in a written and recorded termination agreement, (ii)
termination ofthis Agreement pursuant to Paragraph 8 below; and (iii) in the event ofthe material
damage or destruction or demolition of the improvements located on the PS Property adjacent to the
Landscape Area.
4. Landscaping. Repair and Maintenance. Gulfstream shall install landscaping (to
include to underground irrigation lines, utilizing water supplied by Gulfstream) reasonably
acceptable to Public Storage, and shall at all times maintain, repair and replace the landscaping
(including but not limited to irrigation lines) located within the Landscape Area as and when such
repairs are necessary, at Gulfstream's sole cost and expense. As part of Gulfstream's obligations
under this Agreement, Gulfstream shall install and maintain a fence between the Gulfstream Property
and the PS Property (which shall be gated so as to allow Gulfstream access to the Landscape Area).
(a) Gulfstream shall also promptly repair any damage to the PS Property caused
by the installation, maintenance and repair of the landscaping and irrigation
lines, at Gulfstream's sole cost and expense.
(b) Public Storage agrees that Public Storage shall not be permitted to place or
maintain any trees or above ground improvements within the Landscape
Area; provided, however, that ifGulfstream fails to perform its obligations to
maintain the Landscape Area, Public Storage may (but shall not be obligated
to) enter upon the Landscape Area and perform such obligations (and, in such
event, Gulfstream shall promptly reimburse Public Storage for any expenses
reasonably incurred in such performance). Moreover, nothing herein will
prevent Public Storage from accessing the Landscape Area for the purpose of
maintaining improvements located within the PS Property.
{W:\Transact\2030\0001/M0275150v.4; 1119/2006 11:07 AM} 2
(c) Gulfstream shall plant landscaping, install irrigation, and shall maintain same
in compliance with any and all governmental requirements. Gulfstream will
provide Public Storage with a detailed landscaping proposal (the "Proposal")
within _ days of the parties' execution of this Agreement, and will
commence installation of same within _ days of Public Storage's approval
of the Proposal (which will not be unreasonably withheld or delayed), and
thereafter diligently prosecute such installation to completion. Similarly,
Gulfstream will provide Public Storage with Proposals for, and obtain Public
Storage's prior written consent (which will not be unreasonably withheld or
delayed) to, any planned changes to the landscaping within the landscape
Area.
(d) Gulfstream shall not plant anything other than grass in the southernmost five
(5) feet of the Landscape Area, and Gulfstream shall not plant anything
within the Landscape Area which could reasonably be expected over time to
(i) have a root system which would extend under any building located on the
PS Property, (ii) have limbs which would extend over any building located on
the PS Property, and/or (iii) have foliage which would drop in significant
quantities on to any building located on the PS Property.
5. Liability Insurance. Gulfstream shall maintain or cause to be maintained commercial
general liability insurance insuring against losses on account ofloss oflife, bodily injury or property
damage that may arise from, or be occasioned by the condition, use or occupancy of, the Landscape
Area by Gulfstream, and its agents, contractors, employees, licensees, customers, and invitees,
except as herein provided. Said insurance shall be carried by a reputable insurance company or
companies qualified to do business in Florida, and having limits for loss of life or bodily injury in the
amounts of not less than $1,000,000.00 for each person, $1,000,000.00 for each occurrence and
$1,000,000.00 for property damage for each occurrence, naming Public Storage as an additional
insured specifically endorsed to cover Gulfstream's agreement to indemnify Public Storage as set out
in Paragraph 11. The policies of insurance required under this paragraph and under Paragraph 11,
below, shall provide that the policy may not be canceled or materially reduced in amount or coverage
without at least thirty (30) days' prior written notice by the insurer to each insured and any additional
insureds.
6. Liens. In the event any mechanic's lien is filed against the PS Property as a result of
services performed or materials furnished by or through Gulfstream pursuant to this Agreement,
Gulfstream agrees to cause such lien to be discharged prior to entry of any judgment for the
foreclosure of such lien, and further agrees to indemnify, defend, and hold harmless Public Storage
against liability, loss, damage, costs or expenses (including reasonable attorneys' fees and costs of
suit) on account of such claim of lien. Notwithstanding the foregoing, upon request of Public
Storage, Gulfstream agrees to promptly cause such lien to be released and discharged of record,
either by paying the indebtedness which gave rise to such lien or by posting bond or other security as
shall be required by law to obtain such release and discharge. Nothing herein shall prevent
Gulfstream from contesting the validity of such a lien in any manner Gulfstream chooses, so long as
such contest is pursued with reasonable diligence.
{W:\Transact\2030\OOOI/M0275 I 50 v.4; 111912006 11:07 AM} 3
7. Binding Agreement. This Agreement shall be recorded amongst the public records of
Palm Beach County, Florida, and shall be binding upon the PS Property and the Gulfstream Property
and all provisions of this Agreement, including the benefits and burdens, shall be binding upon and
inure to the benefit of the assigns and successors in interest of the parties hereto. Gulfstream shall
bear all costs incurred in the preparation and recordation of this Agreement. Public Storage
acknowledges that Gulfstream intends to assign this Agreement to a condominium association
formed to maintain the community to be developed upon the Gulfstream Property (the
"Association"), which Association shall expressly assume Gulfstream's obligations hereunder, and
(upon and following such assignment and assumption) such Association shall be deemed the
successor to Gulfstream hereunder and Gulfstream shall be released from all obligations arising
hereunder subsequent to such assignment and assumption.
8. Enforcement. The Agreement shall be construed in accordance with the laws of the
State of Florida. Venue for any action arising out of this Agreement shall be Palm Beach County,
Florida. In the event of a breach of any of the covenants or agreements set forth in this Agreement,
the parties shall be entitled to any and all remedies available at law or in equity, including but not
limited to the equitable remedies of specific performance or mandatory or prohibitory injunction
issued by a court of appropriate jurisdiction. As a prerequisite to any enforcement of the terms and
conditions of this Agreement, the party seeking to enforce this Agreement shall provide the other
party with a minimum of ten (10) days written notice of default, specifying the breach of this
Agreement, and giving the breaching party an opportunity to cure its default within said ten (10) day
period. The parties hereto agree that in the event it becomes necessary for any party to defend or
institute legal proceedings as a result of the failure of either party to comply with the terms,
covenants, agreements and/or conditions of this Agreement, it is understood and agreed that the
prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended
in connection therewith, including, but not limited to, reasonable attorneys' fees (including appellate
fees) and court costs. Additionally, should Gulfstream (or Association, as appropriate) breach this
Agreement two (2) or more times within any twelve (12) months, in addition to any and all other
remedies, Public Storage may terminate this Agreement.
9. Notices. Any notice or demand to be given or that may be given hereunder shall be in
writing and shall be (i) delivered by hand, or (ii) delivered through United States mail, postage
prepaid, certified, return receipt requested, or (iii) delivered by Federal Express or another expedited
(one-day) mail or package service, addressed to the parties as follows:
To Gulfstream:
To Public Stora2e:
Public Storage, Inc.
701 Western Avenue
Glendale, California 91201-2397
Attention: John S. Baumann, Esq.
Senior Vice President - Chief Legal Officer
Facsimile: (818) 543-5988
E-mail address:JBaumalU1@PublicStorage.com
{W:\Transact\2030\0001/M0275150 v.4; 111912006 11:07 AM} 4
Any notice or demand to be given or that may be given hereunder shall be deemed and
delivered (i) on the date of delivery. if delivered by hand, (ii) three (3) days depositing in the United
States Mail, if delivered through the United States mail, postage prepaid, certified, return receipt
requested, or (iii) one (1) day after depositing any such notice or demand with Federal Express or
another expedited (one-day) mail or package service. Either party hereto may change its address by
notice in writing to the other party in the manner provided herein.
10. Amendment. This Agreement may not be modified. amended or terminated without
the prior written approval of Public Storage and Gulfstream.
11. Indemnification. Gulfstream shall and hereby does hold hannless and indemnify
Public Storage against and from all damages, liabilities, losses and costs and expenses, of whatsoever
kind or nature including, but not limited to, reasonable attorneys' fees and court costs (all of which
are collectively referred to as "Damages"), to the extent such Damages are caused by the negligence,
recklessness, or intentionally wrongful conduct of Gulfstream and other persons employed or utilized
by Gulfstream in its exercise of rights granted herein.
12. Waiver. The failure of any party hereto to insist upon the strict performance of any of
the terms, covenants or conditions of this Agreement shall not be deemed a waiver of any rights
which such party may have hereunder, in law or in equity, and shall not be deemed a waiver of any
subsequent breach or default of any such terms. covenants or conditions. No waiver of any ofthe
provisions of this Agreement shall be effective unless it is in writing, signed by the party against
whom it is asserted and any such written waiver shall only be applicable to the specific instance to
which it relates and shall not be deemed to be a continuing or future waiver.
13. Captions. The captions and paragraph headings contained in this Agreement are for
convenience and reference only and in no way define, describe, extend or limit the scope or intent of
this Agreement, nor the intent of any provision hereof.
14. Entire Agreement. This Agreement constitutes the entire agreement between the
parties, there being no oral and/or implied agreements not specifically set forth herein.
SIGNATURE PAGE FOLLOWS:
{W:\Transact\2030\OOOIIM027SISOv.4; 1/19/2006 11:07 AM} 5
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the day
and year first above written.
WITNESSES:
Print Name:
Print Name:
Print Name:
Print Name:
W:\Transact\2030\0001\M0275150.3 DOC
{W:\Transact\2030\OOOIlM027SISO v.4; 1/19/2006 11 :07 AMI 6
PUBLIC STORAGE, INC.
a California corporation
By:
Print Name:
Title:
GULFSTREAM GARDENS, LLC,
a Florida limited liability company
By:
Print Name:
Title:
STATE OF CALIFORNIA )
COUNTY OF ) ss
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , the of PUBLIC
STORAGE, INC., a California corporation, freely and voluntarily under authority duly vested in
him/her by said corporation and that the seal affixed thereto is the true corporate seal of said
corporation. He/she is personally known to me or who has produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
, 2006.
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF ) ss
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , the of
GULFSTREAM GARDENS, LLC, a Florida limited liability company, freely and voluntarily under
authority duly vested in himlher. He/she is personally known to me or who has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of , 2006.
Notary Public
Print Name:
My Commission Expires:
{W:\Transact\2030\OOOIIM0275 I 50 v.4; 1/1912006 11:07 AMI 7
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-074
TO:
Ken Hall
Engineering Technician
Michael W. Rum~
Planning and Zoning Director
Ed Breese ~
Principal Planner
THROUGH:
FROM:
DATE:
April 12, 2006
SUBJECT:
Gulfstream Gardens - 2nd Review Plat Comments
I have reviewed the re-submitted plat and have the following comments:
Plat (Page 2) - The Plat would appear to be simply a boundary plat, lacking a great deal of detail. As
such it is difficult, with the lack of information for staff to comment. This is a phased
project with a number of conditions related thereto. As such, staff reserves the right to
have further comment upon submittal of a more formal plat and associated documents.
CE (Page 2) - Is the cell tower site leased or owned outright by another party? No response was
provided to our 1 sl review comment.
CE (Page 5) - The ingresslegress drive to Dixie Highway, located just north of the trash compactor, is
incorrectly depicted as a 14 foot wide drive. It is supposed to be a 20 foot wide paved
drive. Additionally, Pages CE-7, 8 and 10 depict it as a stabilized and sodded emergency
access entrance. Lastly, it is depicted with swing gates as opposed to a sliding gate like
the other approved entrance from Dixie Highway, further south on the site. Pages CE-7,
8 and 10 were not re-submitted for 2nd review.
CE (page 17) - A detail is provided of the stabilized sod drive. Again, this is not approved as an
emergency entrance, but as a fully functional ingress/egress drive. Page CE-17 was
not re-submitted for 2nd review.
CE (Page 22) - A detail of the Emergency Access Road is depicted, even though the emergency road has
been converted to a full/improved resident only access drive.
CE (general) - Per site plan approval, provide evidence of agreement with neighbor for ten (10) foot
off-site landscape easement. This agreement has been submitted to the City
Attorney's office for review.
..
PLANNING AND ZONING
MEMORANDUM
TO: James Cherof, City Attorney
FROM: Ed Breese, Principal Planner ~
DATE: April 12, 2006
SUBJECT: Gulfstream Gardens Landscape Easement Agreement
Attached for your review is a copy of a proposed landscape easement agreement
involving a portion of an adjacent property, to satisfy a Condition of Approval of the site
plan. I would appreciate your review of this information in order that we may pass
comments back to the applicant as to sufficiency. Thank you in advance for your review
and do not hesitate to contact me with any questions you may have.
~I Ruden
~I McClosky
200 EAST BROWARD BOULEVARD
SUITE 1500
FORT LAUDERDALE. FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE. FLORIDA 33302
(954) 527-2404
FAX: (954) 333-4004
MARK.GRANT@RUDEN.COM
March 24, 2006
Mr. Dave Kelly
City Engineer
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Re: Gulfstream Gardens - Landscape Easement Agreement
Dear Mr. Kelly:
Weare counsel to Gulfstream Gardens, LLC and as such have been requested to write
this letter to you.
Enclosed please find the proposed Landscape Agreement and Easement. I've been in
conversations with the attorney for Public Storage Inc. (the owner of the property to the south of
the subject property) with respect to this proposed Landscape Agreement and Easement. The
enclosed copy of this proposed agreement is not the final agreement but is close to what will be
the final agreement. Once this agreement is fully executed it will be recorded. Should this
agreement change in any material respect from the form enclosed, we will send you a copy of the
changes. If for any reason this proposed agreement, in a form acceptable to the City is not
executed and recorded, Gulfstream Gardens LLC will, pursuant to your staffs recommendations,
install the trees within the south landscape buffer of the subject property.
I trust that this letter and the enclosed will meet with your approval. Should you require
anything further please do not hesitate to contact the undersigned.
Sincerely,
~1p,r
Mark F. Grant
cc: Gulfstream Gardens, LLC (w/encl.)
FTL:1710138:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSElL, P.A.
C"'RACAS. fT. .....UOERO...LE . MIAMI. N...PlES . OR.....NDO . PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TAL.....HMSEE . TMlP... . WEST P"'LM BEACH
This instrument prepared by,
record and return to:
Jon Cbassen, Esq.
Kluger, Peretz, Kaplan & Berlin, P.L.
201 S. Biscayne Blvd., 17th Floor
Miami, FL 33131
LANDSCAPE AGREEMENT AND EASEMENT
THIS LANDSCAPE AGREEMENT AND EASEMENT (" Agreement") is made and
entered into this _day of ,2006 between PUBliC STORAGE, INC., a California
corporation ("Public Storage") and GULFSTREAM GARDENS, LLC, a Florida limited liability
company ("Gulfstream").
(Wherever used herein, the terms "Public Storage" and "Gulfstream" include all of the
parties to this instrument and their respective successors and assigns)
WIT N E SSE T H:
WHEREAS, Public Storage is the owner of that certain real property located in Palm Beach
County, Florida, legally described on Exhibit "A" attached hereto and made a part hereof ("PS
Property"); and
WHEREAS, Gulfstream is the owner ofthat certain real property located adjacent to the PS
Property, which is legally described on Exhibit "B" attached hereto and made a part hereof
("Gulfstream Property"); and
WHEREAS, Gulfstream intends to develop a residential community on the Gulfstream
Property; and
WHEREAS, Public Storage desires to grant Gulfstream, a perpetual exclusive easement over,
upon, under, through and across a portion of the PS Property [said portion being the north fourteen
(14) feet (more or less; i.e., north of a line which is one (1) foot north of the northernmost building
on the PS Property) of the PS Property. exctWt for the portion of the PS Property running from U.s.
Highway No.1 to the northeast (NE) comer of the "one story masonry building (Office), all as
designated as the "Landscape Area" on the sketch of a portion of the PS Property attached as
Exhibit "C" hereto] for the purpose of installing, maintaining and rtWlacing landscaping and
underground irrigation lines, and Gulfstream desires to landscape and maintain the Landscape Area.
lW:\Transact\2030\OOOI/M0275150v.4; 1/1912006 11:07 AM}
NOW, THEREFORE, in consideration of the sum ofTen Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
do hereby agree as follows:
1. Recitals. The foregoing recitations are true and correct and are incorporated herein by
this reference.
2. Grant of Easement bv Public Storage. Public Storage does hereby grant unto
Gulfstream a perpetual easement over, upon, under, through and across the Landscape Area for the
purpose of planting, maintaining and replacing landscaping and irrigation lines for same. This
easement includes access for persons and equipment through the Landscape Area to do any of the
things described in the preceding sentence. Access to the Landscape Area shall be via the
Gulfstream Property.
3. Term. This Agreement and the easements, rights, obligations and liabilities created
hereby shall be perpetual to the extent permitted by law; however, this Agreement shall terminate
upon the earlier to occur of (i) the mutual agreement of the owner of the PS Property and the owner
of the Gulfstream Property, memorialized in a written and recorded termination agreement, (ii)
termination ofthis Agreement pursuant to Paragraph 8 below; and (iii) in the event of the material
damage or destruction or demolition of the improvements located on the PS Property adjacent to the
Landscape Area.
4. Landscaping, Repair and Maintenance. Gulfstream shall install landscaping (to
include to underground irrigation lines, utilizing water supplied by Gulfstream) reasonably
acceptable to Public Storage, and shall at all times maintain, repair and replace the landscaping
(including but not limited to irrigation lines) located within the Landscape Area as and when such
repairs are necessary, at Gulfstream's sole cost and expense. As part of Gulf stream's obligations
under this Agreement, Gulfstream shall install and maintain a fence between the Gulfstream Property
and the PS Property (which shall be gated so as to allow Gulfstream access to the Landscape Area).
( a) Gulfstream shall also promptly repair any damage to the PS Property caused
by the installation, maintenance and repair of the landscaping and irrigation
lines, at Gulfstream's sole cost and expense.
(b) Public Storage agrees that Public Storage shall not be permitted to place or
maintain any trees or above ground improvements within the Landscape
Area; provided, however, that if Gulfstream fails to perform its obligations to
maintain the Landscape Area, Public Storage may (but shall not be obligated
to) enter upon the Landscape Area and perform such obligations (and, in such
event, Gulfstream shall promptly reimburse Public Storage for any expenses
reasonably incurred in such performance). Moreover, nothing herein will
prevent Public Storage from accessing the Landscape Area for the purpose of
maintaining improvements located within the PS Property.
{W:\Transacl\2030\OOOI/M0275150v.4; 1119/2006 11:07 AM} 2
(c) Gulfstream shall plant landscaping, install irrigation, and shall maintain same
in compliance with any and all governmental requirements. Gulfstream will
provide Public Storage with a detailed landscaping proposal (the "Proposal")
within _ days of the parties' execution of this Agreement, and will
commence installation of same within _ days of Public Storage's approval
of the Proposal (which will not be unreasonably withheld or delayed), and
thereafter diligently prosecute such installation to completion. Similarly,
Gulfstream will provide Public Storage with Proposals for, and obtain Public
Storage's prior written consent (which will not be unreasonably withheld or
delayed) to, any planned changes to the landscaping within the landscape
Area.
(d) Gulfstream shall not plant anything other than grass in the southernmost five
(5) feet of the Landscape Area, and Gulfstream shall not plant anything
within the Landscape Area which could reasonably be expected over time to
(i) have a root system which would extend under any building located on the
PS Property, (ii) have limbs which would extend over any building located on
the PS Property, and/or (iii) have foliage which would drop in significant
quantities on to any building located on the PS Property.
5. Liabilitv Insurance. Gulfstream shall maintain or cause to be maintained commercial
general liability insurance insuring against losses on account ofloss oflife, bodily injury or property
damage that may arise from, or be occasioned by the condition, use or occupancy of, the Landscape
Area by Gulfstream, and its agents, contractors, employees, licensees, customers, and invitees,
except as herein provided. Said insurance shall be carried by a reputable insurance company or
companies qualified to do business in Florida, and having limits for loss of life or bodily injury in the
amounts of not less than $1,000,000.00 for each person, $1,000,000.00 for each occurrence and
$1,000,000.00 for property damage for each occurrence, naming Public Storage as an additional
insured specifically endorsed to cover Gulfstream' s agreement to indemnify Public Storage as set out
in Paragraph 11. The policies of insurance required under this paragraph and under Paragraph 11,
below, shall provide that the policy may not be canceled or materially reduced in amount or coverage
without at least thirty (30) days' prior written notice by the insurer to each insured and any additional
insureds.
6. Liens. In the event any mechanic's lien is filed against the PS Property as a result of
services perfonned or materials furnished by or through Gulfstream pursuant to this Agreement,
Gulfstream agrees to cause such lien to be discharged prior to entry of any judgment for the
foreclosure of such lien, and further agrees to indemnify, defend, and hold harmless Public Storage
against liability, loss, damage, costs or expenses (including reasonable attorneys' fees and costs of
suit) on account of such claim of lien. Notwithstanding the foregoing, upon request of Public
Storage, Gulfstream agrees to promptly cause such lien to be released and discharged of record,
either by paying the indebtedness which gave rise to such lien or by posting bond or other security as
shall be required by law to obtain such release and discharge. Nothing herein shall prevent
Gulfstream from contesting the validity of such a lien in any manner Gulfstream chooses, so long as
such contest is pursued with reasonable diligence.
{W:\Transact\2030\OOOI/M0275 I 50 v.4; 1/1912006 11:07 AM} 3
7. Binding Agreement. This Agreement shall be recorded amongst the public records of
Palm Beach County, Florida, and shall be binding upon the PS Property and the Gulfstream Property
and all provisions of this Agreement, including the benefits and burdens, shall be binding upon and
inure to the benefit of the assigns and successors in interest of the parties hereto. Gulfstream shall
bear all costs incurred in the preparation and recordation of this Agreement. Public Storage
acknowledges that Gulfstream intends to assign this Agreement to a condominium association
formed to maintain the community to be developed upon the Gulfstream Property (the
"Association"), which Association shall expressly assume Gulfstream's obligations hereunder, and
(upon and following such assignment and assumption) such Association shall be deemed the
successor to Gulfstream hereunder and Gulfstream shall be released from all obligations arising
hereunder subsequent to such assignment and assumption.
8. Enforcement. The Agreement shall be construed in accordance with the laws of the
State of Florida. Venue for any action arising out of this Agreement shall be Palm Beach County,
Florida. In the event of a breach of any of the covenants or agreements set forth in this Agreement,
the parties shall be entitled to any and all remedies available at law or in equity, including but not
limited to the equitable remedies of specific performance or mandatory or prohibitory injunction
issued by a court of appropriate jurisdiction. As a prerequisite to any enforcement of the terms and
conditions of this Agreement, the party seeking to enforce this Agreement shall provide the other
party with a minimum of ten (10) days written notice of default, specifying the breach of this
Agreement, and giving the breaching party an opportunity to cure its default within said ten (10) day
period. The parties hereto agree that in the event it becomes necessary for any party to defend or
institute legal proceedings as a result of the failure of either party to comply with the terms,
covenants, agreements and/or conditions of this Agreement, it is understood and agreed that the
prevailing party in such litigation shall be entitled to be reimbursed for all costs incurred or expended
in connection therewith, including, but not limited to, reasonable attorneys' fees (including appellate
fees) and court costs. Additionally, should Gulfstream (or Association, as appropriate) breach this
Agreement two (2) or more times within any twelve (12) months, in addition to any and all other
remedies, Public Storage may terminate this Agreement.
9. Notices. Any notice or demand to be given or that may be given hereunder shall be in
writing and shall be (i) delivered by hand, or (ii) delivered through United states mail, postage
prepaid, certified, return receipt requested, or (iii) delivered by Federal Express or another expedited
(one-day) mail or package service, addressed to the parties as follows:
To Gulfstream:
To Public Stora2e:
Public Storage, Inc.
701 Western Avenue
Glendale, California 91201-2397
Attention: John S. Baumann, Esq.
Senior Vice President - Chief Legal Officer
Facsimile: (818) 543-5988
E-mail address:JBaumalUl@PublicStorage.com
{W:\Transact\2030\000JlM0275150 v.4; 111912006 II :07 AM} 4
Any notice or demand to be given or that may be given hereunder shall be deemed and
delivered (i) on the date of delivery, if delivered by hand, (ii) three (3) days depositing in the United
States Mail, if delivered through the United States mail, postage prepaid, certified, return receipt
requested, or (Hi) one (1) day after depositing any such notice or demand with Federal Express or
another expedited (one-day) mail or package service. Either party hereto may change its address by
notice in writing to the other party in the manner provided herein.
10. Amendment. This Agreement may not be modified, amended or tenninated without
the prior written approval of Public Storage and Gulfstream.
11. Indemnification. Gulfstream shall and hereby does hold hannless and indemnify
Public Storage against and from all damages, liabilities, losses and costs and expenses, of whatsoever
kind or nature including, but not limited to, reasonable attorneys' fees and court costs (all of which
are collectively referred to as "Damages"), to the extent such Damages are caused by the negligence,
recklessness, or intentionally wrongful conduct of Gulfstream and other persons employed. or utilized
by Gulfstream in its exercise of rights granted herein.
12. Waiver. The failure of any party hereto to insist upon the strict perfonnance of any of
the terms, covenants or conditions of this Agreement shall not be deemed a waiver of any rights
which such party may have hereunder, in law or in equity, and shall not be deemed a waiver of any
subsequent breach or default of any such tenns, covenants or conditions. No waiver of any of the
provisions of this Agreement shall be effective unless it is in writing, signed by the party against
whom it is asserted and any such written waiver shall only be applicable to the specific instance to
which it relates and shall not be deemed to be a continuing or future waiver.
13. Captions. The captions and paragraph headings contained in this Agreement are for
convenience and reference only and in no way define, describe, extend or limit the scope or intent of
this Agreement, nor the intent of any provision hereof.
14. Entire Agreement. This Agreement constitutes the entire agreement between the
parties, there being no oral and/or implied agreements not specifically set forth herein.
SIGNATURE PAGE FOLLOWS:
{W:\Transact\2030\ooOI/M0275150v.4; 1/19/2006 11:07 AM} 5
IN WITNESS WHEREOF. the parties have executed this Agreement, effective as of the day
and year first above written.
WITNESSES:
Print Name:
Print Name:
Print Name:
Print Name:
W:\Transact\2030\0001 \M0275150.3 DOC
I W:\Transact\2030\OOOIlM027S I SO v.4; 1119/2006 II :07 AM} 6
PUBLIC STORAGE, INC.
a California corporation
By:
Print Name:
Title:
GULFSTREAM GARDENS, LLC.
a Florida limited liability company
By:
Print Name:
Title:
STATEOFCALIFORNIA )
COUNTY OF ) ss
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , the of PUBLIC
STORAGE, INC., a California corporation, freely and voluntarjly under authority duly vested in
hirn/her by said corporation and that the seal affixed thereto is the true corporate seal of said
corporation. He/she is personally known to me or who has produced as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
, 2006.
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA )
COUNTY OF ) ss
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , the of
GULFSTREAM GARDENS, LLC, a Florida limited liability company, freely and voluntarily under
authority duly vested in himlher. He/she is personally known to me or who has produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of , 2006.
Notary Public
Print Name:
My Commission Expires:
{W:\Transact\2030\OOOl/M0275150 v.4; 1/19/2006 11:07 AMI 7
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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www.boynton-beach.org
April 7, 2006
Barbara Alterman
Executive Director
Palm Beach County
Planning, Zoning & Building Dept.
100 Australian Avenue
West Palm Beach, FL 33401
RE: Avezano (fka Gulfstream Gardens)
Release of Unity of Title - Tract 46 Tradewinds Estates
PCN 08-43-46-04-17-000-0460
Dear Ms. Alterman:
On November 3, 2004, the above referenced property was annexed into the
City of Boynton Beach as a master planned development. We understand
that there is an existing unity of title on a portion of the property
that needs to be released due to a conflict with the approved
development plan. The City has no objection to the release of this
unity of title as a prerequisite for the establishment of a new unity
of title for the new Gulfstream Gardens project.
We appreciate your assistance with this matter. Should you have any
questions or need to discuss this further, please contact me or Ed
Breese at 561-742-6260.
S1:.FE
Michael W. Rumpf
Planning and Zoning Director
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\Rqst release of Unity of Title.doc
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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www.boynton-beach.org
April 7, 2006
Barbara Alterman
Executive Director
Palm Beach County
Planning, Zoning & Building Dept.
100 Australian Avenue
West Palm Beach, FL 33401
RE: Avezano (fka Gulfstream Gardens)
Release of Unity of Title - Parcels 43,53,53A
PCN 08-43-46-04-17-000-0430
Dear Ms. Alterman:
On January 3, 2006, the above referenced property was annexed into the
City of Boynton Beach as a master planned development. We understand
that there is an existing unity of title on a portion of the property
that needs to be released due to a conflict with the approved
development plan. The City has no objection to the release of this
unity of title as a prerequisite for the establishment of a new unity
of title for the new Gulfstream Gardens project.
We appreciate your assistance with this matter. Should you have any
questions or need to discuss this further, please contact me or Ed
Breese at 561-742-6260.
Sincerely,
ll/0
Michael W. Rumpf
Planning and Zoning Director
S,\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\Rqst release of Unity of Title.doc
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JUN-27-t9S9 02:22pm [\9- j A:.l':?:.?4
UNITY nF TITLE ORP- b j '1 '1 P9 :.:' ~2
In consideration of .the issuance of I Permit to FftS-'I)~ (;'J!'(i-~ C,:,1',;r.
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for the construction of rJ',:rt np ~J.,. (h~K.'
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in Palm Beach County, Florida, and for other good and valuable considerations. the
unders1gned hereby agree tD restrfct the use of lotls .
Block , Subdivision.
Plat Book . at pa!"e of the PuhUc RAcOrds of Palm Beach County,
F1Drida. or-pFoperty beinq ouherwtse ~escribed by metes and bounds as:
s;..t'" 4IJAi~()/ Rpl/~r5'f> J:1r-
In 'the. following Hanner:
1. That said property shall be cons1dared as one plot an~ pftrccl nf land.
and that no ~rt10n of said plot and parcel of land shall he sold,
transferred. devised. or ass1gned separatelY except 1n its entire~
as one plot or parcel of land.
2. The UMersl!lned f'lrther IlIreftS that this condition. restriction and
limitation shall be deemed a covenant running ~lth the land, and shall
remain in full force and effect. and be hin~ing upon the undersfDned,
their hefrs and IIs1gns unt1l such t1me as the same may be released in
wrltfnq by the Palm Beach County Plann1nq, Zon1ng and Sundinn. the
Executive Director or, 1n the absence of such Executive Director, by
the Board of Coun~ Commissioners.
3. The undersigned further IRrees that this fnstrument may be recorded in
the Public Records of Palm Belch County.
5i9..'I". sealed, executed. and acknowledged on this .1/0 tJ- day of ~. tL.
19i!:L. at West Palm Beach. Florida. .'
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STATE OF FLORIPA J
:ss
counTY OF PALfIl BEACH
I HERERY CERTIFY That on thts~ay of . ^,D..l~..2q ,..
before me personally appeared Greco u e e e _
the persona described in and w execu t e orl1qo nil nstrlJllent. aild they'
acknowledged to me the execution thereof to be thetr free Ict and deed for the
uses Ind purposes theretn mentioned.
WITNESS II\)' signature and official seal at 3388 N. Old Dixie HW1, Delra~, ,~t.. . I
in the County and State aforesaid. the day and year last aforesaid ~a1l1nlt Address)
@&i~~~ ~du ~;I1.ul)
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LEGAL DESCRIPTION
Tract 46, TRADS WINDS ESTATES, a Subdivision In Palm Beach
County, Florida, according to the Plat thereof recorded In
the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, In Plat Book 21, Page 73, and also
the following ~escrlbed tract of land: CommenCing at tho BE
corner of Tract 47, as shown on the Plat of Trade Winds
Estates (Plat Book 21, Page 73, Palm Beach County Public
Records) run northerly along the East line of said Tract 47,
a distance of 15 feet to the POINT OF BEGINNING. From the
Point of Beginning, thence run Easterly parallel to the
North line of Tract 51 of the said Trade Winds Estates, a
distance of 100 feet, to a point; thence run southerly,
parallel to the east line of the said Tract 47, a distance
af 15 feet, to a point in the North line of the said Tract
51; thence run Easterly along the North line of the said
Tract 51, a distance of 186.71 feet to a point; thence run
Northerly, at an angle of 101. 31' (turned from West to
North) with the North line of the aaid Tract 51, a distance
of 200 feet, ta a point; thence run Weaterly, parallel with
the North 11ne of the aald Tract 51, a distance of 318.39
feet to the Northeast corner of Tract 46 of the said Trade
Wind. Eatatea; thence run Southerly a distance of 177.10
feat to the POINT OF BEGINNINa.
RECORD VEAIF'ID
PALM BEACH COUNTY, FI.A.
JOHN a. DUNKLE
CLERK CIRCUIT COURT
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UNITY I\F TITLE
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JUN~28-1989 11:31am 89-182439
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. ORB 6112 P9 470
G'IJ JfJtr'P.M1 Avf~ 1301"
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In consideration of the issuance of a Permft to
I
for the construction of rxi.strYJ.j 11,'/J,..,.,/ UJ:.9;"P
in Palm Beach County, Florida, and for other good and valuable considerations. the
undersigned hereby aqree to restrict the use of lotls .
Block . . Subdivision,
Plat Book . at Pape of the Puhlic Rp.cords of Palm Beach County,
Florida, orproperty ~einq ouhemse described by metes and bounds as:
5;,p ~eurY"S(' 5,'Ir
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in 'the fDllowing Hanner:
1. That said property shall be considered as one ~lot an1 p~rcel nf land,
and that no pnrtion of said plot and parcel of land shall be sold,
transferred, devised, or assigned separatelY except in its ent1re~
as one plot or parcel of land.
2. The Undersi0ned ~Irther anrees that this conditfo~. restrfction and
limitation shall be deemed a covenant running ~ith the land, and shall
remain in full force and effect. and be hin~ing upon the undersigned.
their heirs and assfqns until such tine liS the same may be released in
writlnq by ~le Palm Beach County Planning, Zoning and Bui1din~, the
Executive Director or. 1n the absence of such Executive Director, by
the Board of Coun~ Commissioners. .
3. The undersfgned further agrees that thfs instrument may be recorded in
the Public Records of Palm Beach County. _
S1~!ld. sealed. executed, and ackiul',,1edged on this.::2l!!::- day of 9<.- u
19h, at West Palm Beach. Florida. '. t.
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1 whon reCsived.
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RECORD VERIFIED
PAlM BEACH COUNTY, FI.A.
JOHN B. DUNKLE
CLERK CIRCUIT COURT
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MILLER
LAND
PLANNING
CONSULTANTS, ." Ir:.
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420 W. Boynton Beach Boulevard
Suite #201
Boynton Beach, Florida 33435
PHONE . 561/736-8838
FAX. 561/736-8079
April 6, 2006
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Michael Rumpf, Director \J '\ \, ~'y \.
CITY OF BOYNTON BEACH '\1 { 1
PLANNING & ZONING DEPARTME~' \J.
100 E. Boynton Beach Boulevard ~ ~ '-': r't)\. ~
Boynton Beach, FL 33425-0310 '\} V \ \J~
Re: Gulfstream Gardens '0.
Dear Mr. Rumpf:
Attached are theprnft letter~and back up material on the unities of title that need to be released
by the County. Please prepare the letters and call Christi Tuttle in my office as soon as they are
ready so we can pick them up and deliver them to the County. Thanks for your help.
Sincerely,
ONSULTANTS, INC.
Bradley D. Miller,
President
cc: Rick Lococo
Sep 15 05 03:25p
Date:
Fax To:
To:
From:
Pages:
Subject:
MLP'
5612~~1042
p. 1
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. BOYNTON BEACH BLVD.. SUITE 201
BOYNTON BEACH. Fl33435
PHONE . 561/736-8838
FAX . 561/736-8079
EMAll/WEB.MIPC(cjmjpc.net
www.mlpc.net
FAX TRANSMITIAL
09.15.05
742-6259
Ed Breese
Bradley D. Miller. AICP
3 (including fax cover)
Gulfstream Gardens
o For your information & file 0 Please review & respond 0 Please call to discuss
D As requested 0 Original to follow via mail 0
Message:
Per your request. attached are letters regarding the administrative waiver.
Sep 15 05 03:25p
89/15/2085 13:57
MLP"
95478::' .:54
5612~-'1042
p.2
PAGE 82
0669
Pe/?HIT
P.O. /kg 310
8t1yruon /J~, FlorlIl4 Jj411.0310
PUBUC "ORKS bEPAR.TMENT
F.4X.: ($6/) 742.6285
_.bo)t~O'1'
August 22. 2005
ru~:~@~nw~fu)
~ .."
~Li Aut; 2 5 2005 t.
James F. Oratos, P.E.
Vice-President
Shah Orotos & Associates. PA
2410 No Andrews Ave, Ext.
Pompano Beach, FL 33064
RE: Requut for Administrative Waiver
Gulf&tream Gardens
Dear Mr. Drotos:
We are in recejpt of your request for an Administrative Waiver to City Engineering Design Standards
K-8, Parking Area - Restricted Parking Area, dilled August 15, 2005. We have reviewed your request
and the site plans to make a detennlnation regarding the impact of waiving the requested standard.
Based on the Information provided in the walwr request and meetings held to discuss the proposed
waiver your request Is hereby granted.
A copy of the Original correspondence is attached to this waiver request and is hereby made a part of
the record. Please be adVised that aU other CODE, Land Development Regulations, and Engineering
Standards stitl apply to this project.
If you have questions or need additional information, please feel free to contact me at (561) 742-6482
or H. David Kelley, Jr., P.EJP.S.M., City Engineer, at (561) 742-6488.
Sincenaly,
tfW.
lUck
Xc: Jeffrey R. livergooc:l, P.E., Director, Public Works (via e-mail)
H. David Kelley, PElPSM, City engineer, Public WOrkslEngioeering (via e-mail)
Timothy large, Building Code Administrator, Department 01 Development
Ed Breese, Principal Planner, Planning Department
Ken Hall, Engineering Plans Analyst, Public WorkslEngineertng
File
S:\E'neinmiIll\Kribs~ ~ b1. lllt. Admin. WaiVef.doe
ANB'RIC4 'IS <TATSWA:Y TO 17lB GllLFSPRJJ:AM
Sep 15 05 03:25p MLP~
89115/2805 13: 57 95478~. 34
5612....')1042
p.3
PAGE 83
~. "... SHAH
-- ....
~DROTOS
&ASSOCIATes
~
'urn,,".
PlarmJn"
August 15. 2005
~4'ON.InawAIM&t
Panoano leach. FL S3OO4
PH: (9$4) 943-9-Q3
FAX: (964) 788-4754
Ma. Laurinda Logan, P.E.
Senior Engineer
City of ~ Beach Public WOltcs, Engineering
P.O. Box 310
Boynton Beach, Fl 33425-0310
RE: GUU=SJREAIf CMRDe'NS-A.....,.1WeWANER
CITY FILE NO.NWSP".."
SDA PROJECT NO. OfftA.oo
Dear Ms. Logan:
PfeaM allow this Iett8r to serve as our request for an IIdmlniltraUve waivertDCIy Standard OeCIitK~
8, Parking Area - R88Iricted Parking Area for theGull'atre8m G8rdena pro]ec:t. This request relates
to Public Works - Tl1IfIic camnwtt number 10 as follows:
"Relocate the partdng in front of the RecrB&tion area in accordance wIh Engineerli1g
Standard Detail K-6 (ParkiI'SI Area Reetricted PartdngArwB.) Aa propaeed, vehfetes would be
able to beck dinlGlly inta ontX)ftIing Ir8ffic entering the deveIopmentfnxn FedenII Highway,
CH8tIng an unB8t'e aituaIJon for the traveling ptMc. ·
As discussed with yourself and Jeff livergood, the terminus of ttle entry drive at the recN8tiDn
buHdinQ provides for a T intersection with as WtI/ stop condition. Entry galea ere provided on the
through leg ~ the l~on. This delign wi provide suftic:ient COtlboll to 8Iaw InIIfIc In the
in&elsection and will providefor' a 88f8 COIldition far the back~ut mcwements fIOrn the ~V ....
AddiSionaly, pfean note that the patfdng $p8C8S at th8 recr881ion area are provided for villers to
the sIe and 88 such, the volume of traffic uIllZing these epaces Is ex:pected to be very low.
Endoeed is a copy of the . plan toryow' use. TIB1k ~ for your NMew of II. r&qU88t. ShauId
you requR any thing further, pIe8se do not heBt-...br, tD contIId me.
Yours truly,
SHAH. DRams" ASSOCIATES. P.A.
~~
mas F. Orotos, P.E.
ncIosul'88
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Monday, Augu&t 29, 2005 2:30 PM
MILLER
LAND
PLANNING
CONSULTANTS, INC.
Date: 8/2912005
Time: 2:30:00 PM
Recipient:
Eric Johnson
Company:
CITY OF BOYNTON BEACH
Sent By: Ailish Quilter
Pages: 3
Subject: Gulfstream Gardens
Message:
As requested, please see attached.
Thanks.
MLPC 5612721042
Fax Number:
Voice Number:
p,01
298 PIneapple Grove Way
Delroy Beach, FL 33444
Phone 561/272.0082
Fox 561/272.1 042
Email ailish@mlpc.net
742-6209
561/742-6260
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MEMORANDUM
oo~@r.;OW~lQ)
AUG 2 5 2005
PLANNING AND
ZONING DEPT.
To:
Mr. Michael Rumpf
Planning & Zoning Director
City of Boynton Beach
From:
PcterG.Merrut ~~
Regional Ecologist \JV G
Date:
August 23, 2005
Subject: Notice of Permit Application No. 050816-10
Gulfstream Gardens
Attached is a notice of application for an environmental permit to conduct dredge and fill
or similar activities within or adjacent to your community. We are disseminating this
information for your review and comment.
The information provided with this notice is very brief, but you may contact the
permitting agency directly for further information if needed in order for you to assess the
impacts of the proposed activities on your community.
If the proposed activities are not consistent with your comprehensive plan or other locally
adopted plans or regulations, or if you have any other comments, please submit them to
the permitting agency by the deadline date indicated in the attached materials. We would
also appreciate receiving a copy of any comments you may have for our files.
Attachment
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DEPARTMENT or DE\/[[()I':.1
--"-----....
"Bringing Communities Together" · Est. 1976
311 East Ocean Boulevard - Suite 311 - Stuart, Florida 34"4
Phone (772) 221-4060 - SC 26'-4060 - Fax (772) 221-4067 - E-mail - admin(/l)tcrpc.or\r
The City of Boynton Beach
P,O. Box 310
Boynton Beach, Florida 33425-0310
PUBLIC WORKS DEPARTMENT
FAX: (561) 742-6285
www,boynton-beach.org
August 22, 2005
James F. Drotos, P.E.
Vice-President
Shah Drotos & Associates, PA
2410 N. Andrews Ave. Ext.
Pompano Beach, FL 33064
RE: Request for Administrative Waiver
Gulfstream Gardens
Dear Mr. Drotos:
We are in receipt of your request for an Administrative Waiver to City Engineering Design Standards
K-8, Parking Area - Restricted Parking Area, dated August 15, 2005. We have reviewed your request
and the site plans to make a determination regarding the impact of waiving the requested standard.
Based on the information provided in the waiver request and meetings held to discuss the proposed
waiver your request is hereby granted.
A copy of the original correspondence is attached to this waiver request and is hereby made a part of
the record. Please be advised that all other CODE, Land Development Regulations, and Engineering
Standards still apply to this project.
If you have questions or need additional information, please feel free to contact me at (561) 742-6482
or H. David Kelley, Jr., P.E.lP.S.M., City Engineer, at (561) 742-6488.
Sincerely,
t[i{L(~Ludul~" ~
Laurinda Logan
Senior Engineer
LUck \.~____)
Xc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail)
H. David Kelley, PE/PSM, City Engineer, Public Works/Engineering (via e-mail)
Timothy Large, Building Code Administrator, Department of Development
Ed Breese, Principal Planner, Planning Department
Ken Hall, Engineering Plans Analyst, Public Works/Engineering
File
S:\Engineering\Kribs\Gulfstream Gardens, Req. for Admin, Waiver.doc
A1'YfERICA'8 GATEWA Y TO THE GULF8TREAM
t c 'I N -:<C./ \ .. It. .:' (-.~
SOUTH FWRIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL W ATS 1-800-432-2045 . TOO (561) 697-2574
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www,sfwmd,gov
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NOTICE
njl(~ j :j 2005
August 18,2005
:Kt.;,_, i". ".J
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Subject:
Environmental Resource Permit Application
Application No. 050816-10
Applicant Gulfstream Gardens, LLC
Palm Beach County, S 4fT 46 SIR 43 E
The South Florida Water Management District is currently processing the attached application. If
you have any comments or objections concerning this project, please submit them in writing to
this office within 30 days of receipt of this notice.
This is also an opportunity for applicable State agencies to concur with or object to the proposed
project under the federal consistency provision of the Coastal Zone Management Act. Review
must be in accordance with the procedures adopted by the Interagency Management Committee
on October 25, 1989. Findings of inconsistency must describe how the project conflicts with your
agency's statutory authorities in the Florida Coastal Management Program and provide
alternative measures, if any, which would make the project consistent. Commenting agencies
must provide a copy of all consistency comments letters to the Florida Coastal Management
Program Director, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100.
Please refer to the applicants name and application number as referenced above in any
correspondence to help facilitate processing. Questions concerning this project should be
addressed to Rob Robbins at (561) 682-6951 or Tony Waterhouse at (561) 682-6867.
BAC:rd
Attachments
c:
US Army Corps of Engineers
Fish and Wildlife Conservation CommissionlBureau of Protected Species Management
Department of State, Division of Historical Resources
Regional Planning Council
Department of Community Affairs
Palm Beach County DERM
GOVERNING BOARD
EXECUTIIL Orrin;
Kevin McCarty, Chair
lrela M. Bague, Vice-Chair
Pamela Brooks-Thomas
Alice J. Carlson
Michael Collins
Nicolas J. Gutierrez, Jr" Esq,
Lennart E. Lindahl, P.E.
Harkley R. Thornton
Malcolm 5, Wade, Jr.
Carol Ann Wehle, L.Yt'Clltil'c flircc!,'}
PART 3: B. ENTITY TO RECEIVE PERMIT (IF OTHER THAN
A. OWNER(S) OF LAND OWNER)
Name Name
Jeff Meehan
Title and Company Title and Company
Mana2er, Gulfstream Gardens LLC
Address Address
601 Bayshore Boulevard, Suite 650
City, State, Zip City, State, Zip
Tampa, Florida 33606
Telephone and Fax Telephone and Fax
Phone): (813) 251-1221 Fax: (813) 251-5720:
C. AGENT AUTHORIZED TO SECURE PERMIT D. CONSULTANT (IF DIFFERENT FROM AGENT)
Name Name
James F. Drotos, P.E., Vice President
Title and Company Title and Company
Shah, Drotos & Assoc.
Address Address
3410 North Andrews, Ave. Ext.,
City, State, Zip City, State, Zip
Pompano Beach, FL 33064
Telephone and Fax Telephone and Fax
Phone): 954/943-9433 Fax): 954-783-4754
PART 4: (Please provide metric equivalent for federalIy funded projects):
A. Name of Project, including phase if applicable: Gulfstream Gardens
B. Is this application for part of a multi-phase project?
Dyes I:8Jno
C. Total applicant-owned area contiguous to the project?
Q ac.; _ ha.
D. Total area served by the system: 15.46 ac.; - ha. RECEIVED
E. Impervious area for which a permit is sought: 12.1 ac.; _ ha.
AUG 1 S 2005
F. Volume of water that the system is capable of impounding:
G. 5.33 ac. ft.; - m ENV RES REGULATION
What is the total area of work in, on, or over wetlands or other surface waters?
Q ac.;_ ha. _ sq. ft.; _ sq. m.
H. Total volume of material to be dredged: ~yd; - m
1. Number of new boat slips proposed: 0 wet slips; 0 dry slips
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PART 5:
Project location (use additional sheets if needed):
County(ies)Palm Beach County
Section(s) 4
Section(s)
Section(s)
Township 46
Township
Township
Range 43
Range
Range
Land Grant name, if applicable:
Tax Parcel Identification Number:
Street Address, Road or other 10cation:Located approximately 920 feet north of Gulfstream Blvd on the west side of
U.S. #1.
City, Zip Code, if applicable: Boynton Beach
PART 6: Describe in general terms the proposed project, system, or activity.
Contruction and Operation of a Surface Water System to serve 15.46 ac. of residential development. Storm water runoff
to be dircted to on site series of catch basing and exfiltration trench.. Discharl!e to US#llimited to pre-develonment.
3
PART 7:
A. If there have been any pre-application meetings, including on-site meetings, with regulatory staff, please list
the date(s), location(s), and names of key staff and project representatives.
B. Please identify by number any MSSW/Wetland Resource/ERP/ACOE Permits pending, issued or denied for
projects at the location, and any related enforcement actions.
Agency
Date
No.\Type of
Application
Action Taken
C. Note: The following information is required for projects proposed to occur in, on or over wetlands that need a
federal dredge and fill permit or an authorization to use state owned submerged lands. Please provide the names,
addresses and zip codes of property owners whose property directly adjoins the project (excluding application) and/or
(for proprietary authorizations) is located within a 500 ft. radius of the applicant's land. Please attach a plan view
showing the owner's names and adjoining property lines. Attach additional sheets if necessary.
1. 2.
3.
4.
5.
6.
7.
8.
4
PART 8:
A. By signing this application form, I am applying, or I am applying on behalf of the applicant, for the
permit and any proprietary authorizations identified above, according to the supporting data and other incidental
information filed with this application. I am familiar with the information contained in this application and
represent that such information is true, complete and accurate. I understand this is an application and not a
permit, and that work prior to approval is a violation. I understand that this application and any permit issued or
proprietary authorization issued pursuant thereto, does not relive me of any obligation for obtaining any other
required federal, state, water management district or local permit prior to commencement of construction. I
agree, or I agree on behalf of the applicant, to operate and maintain the permitted system unless the permitting
agency authorizes transfer of the permit to a responsible operation entity. I understand that knowingly making
any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C.
Section 1001.
e of Applicant (If no A ent is used) or Agent (If one is so authorized below)
Date
AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING:
B. I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my
corporation, as the agent in the processing of this application for the permit and/or proprietary authorization
indicated above; and to furnish, on request, supplemental information in support of the application. In addition,
I authorize the above-listed agent to bind me, or my corporation, to perform any requirements which may be
necessary to procure the permit or authorization indicated above. I understand that knowingly making any false
statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.c. Section 1001.
Typed/Printed Name of Applicant
Signature of Applicant
Date
(Corporate Title if applicable)
Please Dote: The sODHeaDt's oriJ!:iosl Sil!Dature (Dot a coov) is reouired above.
PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING:
C. I either own the property described in this application or I have legal authority to allow access to the
property, and I consent, after receiving prior notification, to any site visit on the property by agents or personnel
from the Department of Environmental Protection, the Water Management District and the U.S. Army Corps of
Engineers necessary for the review and inspection of the proposed project specified in this application. I
authorize these agents or personnel to enter e property as many times as may be necessary to make such review
and inspection. Further, I agree to pro . e en to the project site for such agents or personnel to monitor
permitted work if a permit is granted.
Jeff Meehan
Typed/Printed Name of Applicant
Date
Manager of Gulfstream Gardens. LLC
(Corporate Title if applicable)
5
SECTION A
ACOE Application #
Date Application Received
Proposed Project Lat.
Proposed Proiect Long.
FOR AGENCY USE ONLY
DEP/WMD Application #
Date Application Received
Fee Received $
Fee Receiot #
PART 1:
Are any of the activities described in this application proposed to occur in, on, or over wetlands or other surface
waters? 0 yes IZI no
Is this application being filed by or on behalf of a government entity or drainage district? Dyes IZIno
A. Type of Environmental Resource Permit Requested (check at least one). See Attachment 2 for
thresholds and descriptions.
o Noticed General - include information requested in Section B.
o Standard General (Single Family Dwelling) - include information requested in Sections C
andD.
IZI Standard General (all other Standard General projects) - include information requested
in Sections C and E.
o Individual (Single Family Dwelling) - include information requested in Sections C and D.
o Individual (all other Individual projects) - include information requested in Sections C and
E.
o Conceptual - include information requested in Sections C and E.
o Mitigation Bank Permit (construction) - include information requested in Sections C and
F. (If the proposed mitigation bank involves the construction of a surface water
management system requiring another permit defined above, check the appropriate box
and submit the information requested by the applicable section.)
o Mitigation Bank (conceptual) - include information requested in Sections C and F.
B. Type of activity for which you are applying (check at least one)
IZI
o
o
o
Construction or operation of a new system, other than a solid waste facility, including
dredging or filling in, on or over wetlands and other surface waters.
Construction, expansion or modification of a solid waste facility.
Alteration or operation of an existing system which was not previously permitted by a
WMD or DEP.
Modification of a system previously permitted by a WMD or DEP.
Provide previous permit numbers:
D Alteration of a system D Extension of permit duration D Abandonment of a system
o Construction of additional phases of a system 0 Removal of a system
c.
Are you requesting authorization to use Sovereign Submerged Lands?
Dyes IZIno
(See Section G and Attachment 5 for more information before answering this question.)
D.
For activities in, on, or over wetlands or other surface waters, check type of federal dredge and fill
permit requested:
o Individual
ONationwide
OProgrammatic General
IZINot Applicable
o General
RECEIVED
E.
Are you claiming to qualify for an exemption? Dyes IZIno
If yes, provide rule number if known.
AUG , 6 ~,J.."\
ENV RES REGULAI \U~
1
SECTION C
Environmental Resource Pennit Notice of Receipt of Application
Note: this fonn does not need to be submitted for noticed general pennits.
This infonnation is required in addition to that required in other sections of the application. Please submit five
copies of this notice of receipt of application and all attachments with the other required infonnation. Please
submit all infonnation on 8 1/2" x 11 Il paper.
Project Name
County
Owner
Applicant:
Applicant's Address:
Gulfstream Gardens
Palm Beach County
Gulfstream Gardens LLC
Jeff Meehan, Manager
601 Bayshore Boulevard, Suite 650,Tampa, Florida 33606
1. Indicate the project boundaries on a USGS quadrangle map. Attach a location map showing the
boundary of the proposed activity. The map should also contain a north arrow and a graphic scale; show
Section(s), Township(s), and Range(s); and must be of sufficient detail to allow a person unfamiliar with the site
to find it.
2. Provide the names of all wetlands, or other surface waters that would be dredged, filled, impounded,
diverted, drained, or would receive discharge (either directly or indirectly), or would otherwise be impacted by
the proposed activity, and specify if they are in an Outstanding Florida Water or Aquatic Preserve:
N/A
3. Attach a depiction (plan and section views), which clearly shows the works or other facilities proposed
to be constructed. Use multiple sheets, if necessary. Use a scale sufficient to show the location and type of
works.
4. Briefly describe the proposed project (such as "construct dock with boat shelter", "replace two existing
culverts", "construct surface water management system to serve 150 acre residential development"):
Construction and Operation of a Surface Water System to serve 15.46 ac. of residential development.
5. Specify the acreage of wetlands or other surface waters, if any, that are proposed to be filled,
excavated, or otherwise disturbed or impacted by the proposed activity:
filled ~ ac.; Q excavated ac.;
other impacts 0.0 ac.
6. Provide a brief statement describing any proposed mitigation for impacts to wetlands and other surface
waters (attach additional sheets if necessary):
FOR AGENCY USE ONLY
Application Name:
Application Number:
Office where the application can be inspected:
Note to Notice recipient: The information in this notice has been submitted by the applicant, and has not been verified by the agency. It
may be incorrect, incomplete or may be subject to change.
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Department of Engineering
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P.O, 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 L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H, Newell
Mary McCarty
Burt Aaronson
COl,lnty Administrator
Robert Weisman
"An Equal Opportunity
Affinnative Action Employer"
@ printed on recycled papar
July 29, 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: Gulfsteam Gardens
TRAFFiC PERFORMANCE STANDARDS REVIEW
Dear Mr. Rumpf:
The Palm Beach County Traffic Division has reviewed the traffic study for the proposed
residential project entitled; Gulfsteam Gardens, pursuant to the Traffic Performance
Standards in Article 12 of the Palm Beach County Land Development Code, Th:s project
is summarized as follows:
Location:
North of Gulfstrearn Bou!evard, betvveen US-1 and Old Dixie
Highway,
Boynton Beach
Vacant
199 Multi-Family Residential Units
1393
90 AM and 106 PM
2008
Municipality:
Existing Uses:
Proposed Use:
New Daily Trips:
New PH Trips:
Build-out Year:
Based on our review, the Traffic Division has determined that the proposed residential
project is located within the County designated Coastal Residential EXGeption areas, and
therefore, meets the Traffic Performance Standards of Palm Beach County, No building
permits are to be issued by the City, after the build-out date specified abOVe. The County
traffic concurrency approval is subject to the Project Aggrc-!gation Rules set forth in the
Traffic Performance Standards Ordinance,
If you have any questions regarding this determination, please?' contact me C'lt 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
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Sr, Engineer - Traffic
cc: Simmons & White, Inc.
File: General- TPS.. MUI1- Traffic Study Review
F ;\TRAFFIC\ma\Admin\Approvals\050724.doc
~pf. Michael
From:
Sent:
To:
Subject:
azurita@puglieseco.com
Friday, June 03,200510:14 AM
Rumpf, Michael
RE: SCHEDULE for the 82-UNIT TOWNHOUSE RESIDENTIAL PROJECT (GULFSTREAM
BLVD/DIXIE HWY)
THANKS!
Alejandro
-----Original Message-----
From: Rumpf, Michael [mailto:RumpfM@ci.boynton-beach.fl.us]
Sent: Friday, June 03, 2005 9:30 AM
To: Alejandro Zurita (azurita@puglieseco.com)
Subject: RE: SCHEDULE for the 82-UNIT TOWNHOUSE RESIDENTIAL PROJECT
(GULFSTREAM BLVD/DIXIE HWY)
Mr. Azurita, I apologize for the delay in my reply. Staff has provided a
written response to your agent, Micheal Weiner/Jason Mancoff. You can
obtain
the latest information from them but I understand from staff that it
should
be feasible to combine both public hearing and 1st Reading following the
dates you had requested.
July 12th is the originally-scheduled date for the TART (TRC) meeting
but is
contingent upon magnitude of comments, outstanding issues, and timely
completion of plan revisions.
Lastly, the colored elevation drawings are due at time of the TART
meeting,
given the close proximity to public hearings and objective of staff to
finalize all comments and satisfy all deficiencies.
Let me know if you have further questions.
Mike
-----Original Message-----
From: azurita@puglieseco.com [mailto:azurita@puglieseco.com]
Sent: Thursday, June 02, 2005 1:04 PM
To: Rumpf, Michael
Subject: SCHEDULE for the 82-UNIT TOWNHOUSE RESIDENTIAL PROJECT
(GULFSTREAM BLVD/DIXIE HWY)
Michael Rumpf, Planning & Zoning Director:
As you are aware, we submitted plans/applications to the City on May 26,
2005, and would like your input, if possible, on the following matters:
1) Do we have a TRC meeting date jet?
2) Is there a specific date -- prior to the Planning and Development
Board meeting? -- for submittal of a color site plan and color
renderings of the project?
2) Based on our submittal date, can we work on the following tentative
hearing/meeting schedule?
1
August 23, 2005 -- P&D (Planning and Development) Board
Sept. 20, 2005 -- City Commission Public Hearing & First Reading
(combined)
Oct. 5, 2005 - City commission Second Reading (ADOPTION HEARING)
THANKS!
Alejandro Zurita
The Pugliese Company
(561) 454-1746 Direct Line
2
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MILL~
LAND
PLANNING
CONSULTANTS, INC.
Page 1
298 PINEAPPLE GROVE WAY
DELRA Y BEACH, FLORIDA 33444
PHONE. 561/272-0082
FAX . 561/272-1042
EMAIL .mlpc<iYmlpc.net
WEB . www.mlpc.net
June 1, 2005
Willie Swoope
PALM BEACH COUNTY
OFFICE OF FINANCIAL MGMT.
100 Australian Ave., 3rd Floor
West Palm Beach, FL 33406
Re: Gulfstream Gardens - Impact Fees
Dear Mr. Swoope:
We are processing applications for development approval through the City of Boynton Beach for
a 198 multi-family condo project with a 4,000 sf single story recreation clubhouse building. Please
provide us with a written response and estimate of impact fees based on the above described
project and the following information:
a.) Will the recreation building be restricted to the residents of the entire project only?
Yes
b.) Will the residents have to cross any major roads or thoroughfares to get to the
recreation building? No
c.) Will there be any additional deliveries to the site? Est.2/day
d.) Will there be any additional employees to maintain and provide service to the site?
Max. 2 employees
We appreciate your assistance and look forward to your response. Should you need any additional
information, please contact us.
Sincerely,
MILLER LAND PLANNING CONSULTANTS, INC.
~
Bradley D. Miller, AICP
President
cc: Mike Rumpf
Tim Large
Randy Derouin
~r [[ l~ [~ D W ill 00.
, n ~ I ' ":'105 ~
ILJJL ' . it>
I DEPARl MENT OF DEVELOPMENl
M:\M L P C\PROJECTS\Gulfstream Gardens\willie swoop 0601OS.wpd
07/15/2005 16:14
9542271:;1160
CYPRESS POINT
PAGE 02
mE HOUSING GROUP. INC.
6011by1hon Boulevtlrcl, Suite 650
Tamp.. Florida 33606
(813) ~l-l~m
FAX (8t3) Z51-5720
VIA FACSIMILE
May 15, 200S
Mr. Eric Lee Johnson, AICP
Planner
Planning & Zoning Division
City of Boynton 'Beach
100 E. Boynton Beach Boulevard
P.O.Box 3]0
Boynton Beach, FL 33425-0310
Office 561-742-6260
Fax 561-742-6259
',.
Re: Gulfstream Gardens
Mr. Johnson.
In the TA.R.T. Meeting of 7-1 2-05 regarding our Development~ Gulfstream Gardens you n~uested three
(3) items, attached are the questions with responses and details.
I. A typical section of the Pool fence. The pool fence will be made of aluminum and will be 48"
high with self closing hinges and a safety latch on all gates. A copy of the typical 1'001 fence
section is attached.
2. Entry Sign Letters - what material are the letters made of and what color are the letters? The sign
letter materia.l will be made of weather resistant high density polymer and will be brass in CO'lQr.
'('
3. Are we going to screen the patios on the buildings? Yes, all of the balconies on all of the
buildings will be completely screened, the details of the screening will be submitted at time of
pennit application.
If there is any additional infonnation requested please call me at 954-275-4586 or fax a request to 954-
227-5460.
ick Lococo
The Housing Group, TNC
Cc: Mr. Bradley Miller ~ Miller Land Planning
Friday, December 17, 20042:35 PM
MLPC 5612721042
p,01
MILLER
LAND
PLANNING
CONSULTANTS, INC.
298 Pineapple Grove Way
Delroy 8eoch, FL 33444
Phone 561/272.0082
Fox 561/272.1042
l:moilchri$ti\0m1pc.net
Date: 12/17/2004
Time: 2:35:26 PM
Recipient:
Sherle Coale
Fax Number:
5612721042
Company:
CITY OF BOYNTON BEACH
Voice Number:
561-272-0082
Sent By: Christie Tuttle
Pages: 2
Subject: Gulfstream Gardens
Message:
We are on the agenda for the TRC meeting on December 21 st, but would like to postpone until
further notice. Thanking you in advance for your assistance in this matter.
Thank you.
Friday, December 17,20042:35 PM
F '
MLPC 5612721042
p,02
"\it!.;,
Monday, August 29, 20052:30 PM
MLPC 5612721042
p.02
T1ESCH>OI..DI8"mICT0F
PALM BEACH COUNTY. FLORIDA
PLANNING DEPARTMENT
3300 FOREST !-IIlL BLVD.. C-110
WESTPALMBEACH,Fl3340&05813
(561) 434-8020 FAX: (581) 434-8187
ARTHURC.JOHNSON. Ph.D.
SlJPeR~NT
December 7, 2004
Mr. Dick Hudson. Senior Planner
, Planning Department
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
RE: CONCURRENCY DETERMINATION
GULFSTREAM GARDENS
CASE NUMBER #04110902C
Dear Mr. HUdson:
The Palm Beach County School District has reviewed the request for a Concurrency
Determination on the above referenced project for 1 gg apartments.
Attached please find the approved Palm Beach County School District Concurrency
Application and Service Provider Form for GUlfstream Gardens.' This Concurrency
Determination is valid for one (1) year from the date of issuance. Once a Development Order
has been issued for the project, the concurrency determination will be valid for the life of the
Development Order.
. If you have any Questions regarding this detennination, pleaee feel free to contact me at
(561) 434-7343.
David DeYoung, AI
Senior Planner
00: Brad Miller, Miller Land Planning Consultants, Inc.
enc.
S;\f'lal1nins\f'llbliC\INTEROOV\ConCllrr~ncy\Coft\lum:ncy De~illlLlcn Lctters\Concum!ncy\C04~~oc
AN EQUAL OPPORTUNITY EMPLOYe~
Mondav Auaust 2Q, 200S.2:30 PM :Jb~ . ".~b:l~':l
~~14~IL~~~ !C.~~
MLPC S612721 042
PLAI'N!NG
p.03
PAGE 02
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MILLER
LAND
PLANNING
CONSULTANTS, INC.
298 PINEAPPLE GROVE WAY
DELRA Y BEACH, FLORIDA 33444
PHONE. 561 /272-0082
FAX . 561/272-1042
EMAIL/WEB.mlpc@mlpcinc.com
www.millerlandplanning.com
December 6, 2004
Ed Breese
CITY OF BOYNTON BEACH
PLANNING AND ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
RE: Gulfstream Gardens - Site Plan Application
Dear Ed:
We need to postpone the December 7 TRC meeting to December 21 so that we have sufficient
time to address the comments.
Thanks for your cooperation. Please have Sherie Coale confirm the TRC date and time.
Sincerely,
MILLER LAND PLANNING CONSULTANTS, INC.
~
Bradley D. Miller, AICP
President
cc: steve Turner/Randy Derouin
Jeff Meehan/Charlie Funk
Jim Drotos
Alex Knight
Doug Walker
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M:\M L P C\PROJECTS\Gulfstream Gardens\E. Breese Postponement letter 121
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MILLER
LAND
PLANNING
CONSULTANTS, INC.
298 PINEAPPLE GROVE WAY
DELRA Y BEACH, FLORIDA 33444
PHONE. 561/272-0082
FAX . 561/272-1042
EMAIL/WEB.mlpc@mlpcinc.com
www.millerlandplanning.com
November 12, 2004
Ed Breese
CITY OF BOYNTON BEACH
PLANNING AND ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
RE: Gulfstream Gardens - Site Plan Application
Dear Ed:
As discussed this afternoon, we need to postpone the November 16 TRC meeting so that we have
sufficient time to address the comments. We understand the November 30 TRC meeting agenda
is full and therefore we will be scheduled for the December 7 TRC meeting. We can agree to the
December 7 date as long as the project is scheduled for the January 11 CRA Board meeting and
January 18 City Commission meeting.
Thanks for your cooperation. Please have Sherie Coale confirm the TRC date and time.
Sincerely,
MILLER LAND PLANNING CON ULTANTS, INC.
Bradley D. Miller, AICP
President
cc: steve Turner/Randy Derouin
Jeff Meehan/Charlie Funk
Jim Drotos
Alex Knight
Doug Walker
M:\PROJECTS\Gulfstream Gardens\E. Breese 111204,wpd
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Friday, November 12,20044:40 PM
MLPC 5612721042
p,02
MILLER
LAND
PLANNING
CONSULTANTS, INC.
298 PINEAPPLE GROVE WAY
DELRAY BEACH, FLORIDA 33444
PHONE. 561/272~2
FAX . 561/272-1042
EMAIL/WEB.m1pc@mtpdnc.com
www.millerlandplanning.com
November 12, 2004
Ed Breese
CITY OF BOYNTON BEACH
PLANNING AND ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, Fl 33425-0310
RE: Gulfstream Gardens - Site Plan Application
Dear Ed:
As discussed this afternoon, we need to postpone the November 16 TRC meeting so that we have
sufficient time to address the comments. We understand the November 30 TRC meeting agenda
is full and therefore we will be scheduled for the December 7 TRC meeting. We can agree to the
December 7 date as long as the project is scheduled for the January 11 CRA Board meeting and
January 18 City Commission meeting.
Thanks for your cooperation. Please have Shene Coale confirm the TRC date and time.
Sincerely,
Bradley D. Miller, AICP
President
cc: Steve Turner/Randy Derouin
Jeff Meehan/Charlie Funk.
Jim Drotos
Alex Knight
Doug Walker
M:\PROJECTS\Gulfstream Gardem\E. Breese 111204.wpd
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 MasHotti, Chairman
Addie L. 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"
~ """"/On nn rtl3I"III"II::U" n.!:lln.or
December 7,2003
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:
Gulfstream Gardens
TRAFF!C PERFORMANCE STANDARDS REV!F.W
Dear Mr, Rumpf:
The Palm Beach County Traffic Division has reviewed the traffic study for the residential
project entitled; Gulfstream Gardens, pursuant to the Traffic Performance Standards in
Article 12 of the Palm Beach County Land Development Code. This project is
summarized as follows:
Location:
Between Federal Highway and Old Dixie Highway, just north of
Gulfstream Boulevard,
Boynton Beach
None
199 MF Residential Units
1,393
90 AM and 106 PM
2008
Municipality:
Existing Uses:
Proposed Uses:
New Daily Trips:
New PH Trips:
Build-out Year:
Based on our review, the Traffic Division has determined that the proposed residential
development is located within the designated Coastal Residential Exception Areas of
Palm Beach County, and therefore, 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,
Sincerely,
/Y}.
cc' Simons & White, Ino
~D)~l~ ~ 8 IT r:\
\lril ~ mE' S iOQ4 J l:J!
\nr ~fo ~TMENT ('r" D~_~~_~~~M .
Masoud Atefi, MSCr:
Sr. Engineer- Traffic Division
File: General - TPS " Mun - Traffic Study R2view
F:\TRAFFIC\ma\Admin\Approvals'.o41109,doc