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CORRESPONDENCE " / ;-0"'..., WEINER & ARONSON, P.A. ATTORNEYS AT LAW /<~. " 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. / ve~~~~ou~\ \~ /\~.~~,~ / MiC~~~1 S. Weiner I MSW:ek:vf 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 : "(. ,'" ie" ''''t~ >I. , 'C'~ '. 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, 81f~~~~~ Oi~\<t.! "0 GULFSTREAM GARDENS~ LLC (813) 251-1221 601 Bayshore Boulevard, Suite 650 Fax (813) 251-5720 Tampa, Florida 33606 November 14, 2007 liOJ ~ (G ~ ~ ~ ~ fRIl ~ NOV I 4 2007 ~ 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, ~.. .~ J Rick Lococo Gulfstream Gardens, LLC Cc: Mr. Jeffery B. Meehan Mr. Charles B. Funk Page 1 of2 '" 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 , ! 1 I I I ! 1 I PHA$E II , , 1 ! 1 ! I ! , , , , , , , , , I PHA$EI i 1 I i I ; I ! ! , , , , , ! I -'-I /1 -- , /,,// ! -,,' : I I >- ~ :r: Q :r: lJJ 8 a o ; -' ! o I 2 , ! I , , ! :> " ',-..,", ' h ': : ' ", ~ ,.... )... ~ & ~ -..J !~ I..J.J & I..( ,'..... ," I ; I I ..... I / / / . ._....m.~__. mJ I I Recently Annexed I Not in CR Within CRA . 140 70 0 -- 140 560 5 I Feet 280 420 ~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 ~\,.,.) ",1(.:" r..'/\...: .,' \ ' . ::1\ .. / .-- ";>;~~i ~i{/ Ij 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 . ~.. \ "'fY.o' '.:;;.. .. ..."... (> ..'-.. . '. ' . ., / ... ..\ I Ix ll)\ Jv O\.. '" . J-">:,,, ~"'.. '1'0 N v 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. ~i eYfif-' ') J> I-.,.c.n) , ' ( --t '\It I L ., . David Kelley, Jr., PE City Engineer ", i 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 -~ --- -...... -~"-....- ,..... r. --!~ rl~7-w: .--. ,L_...~._\! I~ n I --7@ n.--__---J ,.", \ . 1 . --..~..____. :'F';:::lOPMENT ------ ... , 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 ~.:~~),/. , / -- - \, ( . . \ t _ - ) ,..",', \ " I. ' \". i..'",/';: -", - < -''';'." l~~, t i) ,J 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 '~("'-.>'\ .., I, ,I '\, '~//, I /'/, ,./ , (j ,J J 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 .} M...... ,.....".... - -' - - ..... p. ~ u€" a, \.\ ac:l-~ IL --- z~1.h ~ 'L..... tt - ~ z..o~ Lp. \,lTQ t.)~) ~ L ~it{ '" ';l, .l."IIJ.li~III.,.il " .~_ ~....... II f........-.: I7t~. '14d2*39 ....1~ . GR....... 1271 PIl..8Hdl Caulltr"flO1'icta ID1'Othy M.. Ui.lldm.. Cl....k 811.121D 1&122 3C IWiE ~/tJ. . ~ ~'aeocra County ........... --......... .-.-~- ." m' ..... 1n_ au ..........rIIn.at.......1I>> -r...to\O&,tu€ ......1& ";.tGf~ "OIl.I~.. ..... . f6"1PO~. m"";. ..... . . " ...........0Dq.......... ... .....................- ~......,...... .._.._--~ ~?t ~. - 0;>00 ...~""" J!~~ ijll~€S..tltrE NIIaaII -z.. \..... ...; . . ....Nile......." .........~ FIDIfIIltCll' ............1fl ~....__............faIIlM-= N...I*' J -.l ~......... i r i -_:If. t.. . ....... l :r~:..T:..a:- ~:t-= :~~::.:4~~=C*.=t~:l' L11II ~!I!P..:I:I..t:..~~=-..~~...9!L =:::n::.-;.;;-.:.. =-..... III ~ .. ..~~ ~ .. R n........ta;.=:............. 1". ~. "'........ ~._ ~... =;Z:--' I ~-~ "ft"__~_ _.~ ....~ ClGUn'YClP......... CQUNI'Y......MM:H ....tw - .I:.:...-;rl~.~ . ~ J~~II!It._Bi:... . .............-.-... ..,..=.......... ... ~.~__' .'[. . 0..1. . ... ......"f \ ....... ____.____.___ __ _..........,....1&. ... .- .::.~.=-: 4 rq~~ ... ~.all "':':=. _ ... . "'" .....o==ru.-llI.c.- 8Iiiii"" _.IIIJ 1 t1 tI"r~_.,...... a':i..f Jl ~~~_..... , ; r ,....... .................. :'\:..r ~.'.. :==~- (IIli-. ............... ...........- -- ..... IO.=='= ...... .._..:._ ~~~.~I1tIl"J$'~'t"'."~'-I""'''t\_'''fO\''l.tt''4'':Y\.;:a.'''''''t':...-.... . .. ..,...... .,. ~\:.. 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. / for the construction of rJ',:rt np ~J.,. (h~K.' , / , 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. .' e; $M~ 'b ~~/ . . !.~_~.p.=:,s, " .~ ,. I 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) W ~ l.... HotAry u c ' ,. INIlAlWOE vf'~-1o~~:"(~1\' ('ow \\/~ \6 ('\ 0<?J''rc.". ( 3;'611 "',.DID ~')(il }\~ . / .J--Lj 'Uct~~. Ih,h I QLA -::> ~~2'13 r , I t t l j ORA 1,11 j pg .?t-.~ 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 . " , .""' .' ...... ',' . ,...... I . i' :\ -i oJ .,. ..:'1 -- \" ~... ~ -.. i;. .1' :;. ! ] u I J I ; ! ,,'i~ ',.'.... .._: . P.'Jr':"':1'\\"".1..-'__..... . ~.'/ r..,t--lH//AlIt-c"h;.g .' . . ~i:1 ~f Jii:11( r3 .. -,.........-. .*:'t~r:"""l.~~~~~?t'!f"'!.~...~~f':J'"'-=--M..T.,...:-'''!'' ~.,...... ......,......~.~.. UNITY I\F TITLE '. JUN~28-1989 11:31am 89-182439 './1.- . ORB 6112 P9 470 G'IJ JfJtr'P.M1 Avf~ 1301" / . . 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 . 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. OHfIER ~ dtt;, {'~ ~ "..U 4' rn. ~ r · " [;: 1(1 . , R.A"(. ~ .cn"lA11 t( P '. . ~ .. ,.~. I:~;{~ \:tz'...t.( ~p~~ v .~ . . .. oj 'oo ; i)- LESLIE 0, Mc-oMlCHAa. tila'..f Fiori.,. i,. ~ ~1/'4JM IIEGiCf'iNSJMNce " ... RECORDE~'S MEMO~ 'U;pbilll.Y , Dr Writins. Typing or PrintiD, - , " unsatisfactory in this document . ., when recelv~, , " ._ ., t . ( /-fd- ) . . _. .:. . "0 ;j. !:':-.r . -...-.-- ..-..' " .. . 1 " 1I .' 01 ~:- . ~ ~ ".-...:...----.-.-. .._-." .......--.. .-.... ........-. . ORB 6112 pg 471 .cCSOr.1U1U "111"111 "Gl,j.J'tlCOOl,Cl7IUCl U~~~w~~~~.c ~uu~~~u~~o~ III III " C " ... 01.1 oIJ ..,.,.. e III III 104 e..... III . U'O~III"=A ~ U1WIIIWUI 1II~~k~ mu .c~~,j.JG G1G1~~ U~,j.J "~~ 'Ok'OoIJ ~UO~~.cUl GUUlVI""'~ " skoe Gl 1II~,j.JIII,j.J....'O.cCGI""" 0 ""'O~lIIo1JO~k~ ,j.J~"'''''oI.Iu:ao,.,..~~ IIIU 1II111,j,J~ VlO 1II.c MOIII~ ~G1O" kC "r.1C1.1I11U1~~ 111111 wo ...CMtr'''~''''1/ 0 l:! Will e lII~e O....t!I~U1 ..u ...O..rauuCl ....~ .... Ura=""'oe~.c ~~"~c.cu oC"U~ IIIMIII~~"',j.JGlC~~ N,j.JC g~"":~O.c~i~;H,j.J~5~ ~~~~B ....u,j.J~&~UOM~ uO~~"'U""'~OUl U1.cN &111111 ~ U."III GlIIIN'tl ~ >,j.Jg~B~~~=~~g~g~lIIe~~III~'tl ....~UN .... "104" ....1040~ VI '0 III . Ii,.,..,., k ...c 'tl r1 0 oIJ "" '0 U ...j.I III ~""',j,J "1/" 011 oIJ.... = ~....~r1U ~~....~O.cIll,j.J ~'O 1II.c .j.I III ~III~ rn g 0 C ~ ~ I/J Eoo III .... ... III ,j,J 1/ - llJ C H " IIUOIII m=lIIll101J kGlII~ ~~~~ lII.ckmr1C ~Hr.1U1CGlO.c~MGlkU Gl oIJ.... 0.. 0 .....c=oIJ .c 1II~.c .. U~~ MGl~CGlQ~ ~ ~Gl1040.j.l CI.I III 0 c- .c: =' .c j;lj u tJ\~ ~ U E-t ~. r40Glr1 C +'Glk.j.l ~.cc .o~c HO~ ~.j.I.c~~~GI.c O.j.lO~r10Gl Glrn= ~ .j.I OOtJ\tr'.j.I III "~ .c'Oc ~ foOOl 1II.c..r:: GlIN GlC..-t~u~....w ~ rneINCk.~OOUOOC.... oc 1II0CZ ~....o.....j.I .-t~C.j.l.... ~ .......U1U~~ '" UI III u" r1.j.1~O r1,j,J k~ H,Ie ..'1:1 III.. 01.1 .c II) C " CI/ C. AI ral rnOklll1l ">lGI.j.I .. ....... ".c.....c.j.lG/III QUG/'I:I~ N.-tGl ,j.J~OG/GlOl~O.j.lUlU =u,.,............ ~~ ",f.IGlUlQjoj.JUCkC, IIIC'" MIIIUkN~~U OlUUIII U1CIIIO G1UO ~ ou...o.c CftllNG/lllmlll =1II~.c.c Gl"VI O,f.l~""H W.j.IC Q.j.I.j.IEoo W ...c: fit 1I,j.J IA H..c ce..o GI III III GI 0 k = Q.III.j.1 'OU'O C o,Coc.... ,C.j.IGlO H <'0 .111 CIN....INr1.j.1.j.1~O .j.I cz-o a: .... IN .. 01 W.j.I 0 tn 0 k.u...... 1IJ 0. ......O~Cf1I11C II .. 111111 .uroflUlIl o ...... ..ca III ~O.j.l 'cGI .c~1Il ,.,.. " c:' ~ k II GI 0 ~ u U ...j.I cu .j.I 1lI.c: .. t.. U :l 0 ~ .... u. c u u ..~.... ~ .c .. ~ I.D ....0....0 ....c~....G1..clNc..cr1:a ~ lIJ' ... "IN U ,.,.. III III III 0" U cu U II) Iof )of 0 ral 0 >tIN OkU'O.u Cr1.c u....oo~ .. ~.j.IO.cINII.j.IHlII,j,J.c:ra,.,..~.u,j,J.c.coz 1IJ ~ a GI M. U 5 t1 3:a ~ t t: ~..... ... g t t N AI ~ 'g ~ kO.c:&I.c:OMU OO~~~"HOOIN.c:U~" ~U~~.j.IUW~~~ZO~OIl)~~ZO~~~~ " .;: .r RECORDER;SMEM<>:" Le~bilit)' . I i Typli11 or PriDtinl i ofWri.t nl. l this docllmeut ) unsatisfactory n 1 whon reCsived. \ RECORD VERIFIED PAlM BEACH COUNTY, FI.A. JOHN B. DUNKLE CLERK CIRCUIT COURT '-""':~ ," ~ I "1 .<; li;.,...;~ "'-' MILLER LAND PLANNING CONSULTANTS, ." Ir:. ':'~, 420 W. Boynton Beach Boulevard Suite #201 Boynton Beach, Florida 33435 PHONE . 561/736-8838 FAX. 561/736-8079 April 6, 2006 \. ~:r\P ~ V ,~ '^ ~' "~\ . ,:j X 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 <Sf cJL.f=4'~r1 '5f~,~c;. ~ tt \1',::: 'Zi:"-CU ':.</11 X; ",' >>~'l ~ ' " :;":>1 '~;:;;~f~ ~ ',/,'; ~ ' ' , .~..<>:>~. :' ~<::;r ):: x.///> ...../~>)> .' '.,..~....'~>~' x. Tree #3A to remain ~ ~~"""\. /:. , , Ex. Tree #2A to remain ~ Ex\ Tree #98 to remoin ~LDG. LIGHT FJXTURE (TYP.) i. } ";~ \ 7-- ' .,.,;;':.... .: "'.'. Ii,' \,>" \'~'.f>' Ie ~c: DF ...L til't..-~. c:J in" '\ /'--"', : ~f1 !n] r-J (~n-", ~ ~ I /2 IL.LJ fa j(f) 1i5 ;.r :1 /~ ff, 1/ J i 1./ 14 I tL 1,,11 II I It I I !r~ It= tr== I I CJ In':e: ~ ... r."..] I...'PJ r-.lJl i I , , L__.; ~ j - ! 1.... ..1 ~ 2/11 --I ----- .~=l [] J rn r o GJ 'l L___ ~ --. - .~ 'l " 1\- ~ ---- ~ .--. - 0 0 -- ", -J r GJ I ~ 11 X -l C :::0 fTl ",.,.---.., -l -< -0 r--- . '-../ ----- "'. '- ....,.. ---~ ---.,-' i i-- - - J I I 1"~. ._. -1..__ '} jl J-O___ --_/ '.-..J (.J l " - 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 T R~~~~~lic ~lililE:t:t>'u~:~u Nt~~:~t~1i'~ _, _i7~ ~~: i~r " ;f~- ~ kJ~~:~ ~~,~-WfL ,Fl- J~~ - ,',.. '. ~"tr-~ ~.. _.J1~j:; I~~~~::ad~~-~' ~~~j~~~~:-,~~LiJB'irA C HO. ~~~;o; jue~'JT-~--: "_r,._ <-~-,- ,~,.-.:t ....::;.. c....,;".t . ~:-:"----'" '- '1: -<;-.-=::: ~" f'::;- :;"--.eJ --< ~,-, .~-= _'~'':'... :~,~~;;'~~-____=:9-.-. ",: .. , > . ,.; "\,.. .'" 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 !~. ~l~~n~7rr:rnll ! ' r It L Ir; n' !' - . I; 1IIIIi LQ! AUG 2 " ~~05 I : ! i! I.,. l ! _I 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 n Ii,';:'; If"'''< /.t:;:: ~ '1" I ~::;< f''''; ,:A~~ ~~ ~~-t~ '.}.~ f, ',...:1< .~c,~<(',,: ~h;l,,}~t NOTICE njl(~ j :j 2005 August 18,2005 :Kt.;,_, i". ".J ~'J:,t::!O(\J/U_ P;_.,~ ,:i.~:r~0) ~~(jl.li'~CL 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 L) ({""\ I~ I\J' '\ ,;' ,-'1 ~ f "_"r l\ '-, ".' ~ I \I.)d ,hI ,"" I[..j'\,'lll i /1/ < ~ -- ,.,..I \....,. ~..! , ,/ " ,~ j pi \". PIU:JI/,. '/'Ii/ 'f II,i"J \^J P B 2 .050"''''- V f [~; 'I (j , 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. 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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 l rYl.. - -~ \G\ ~ (~ ~~ DJU E \n'\ \ n I lii',i \ U <. ' \ \ ;il \ '\ n \! II'" ';:-';'5: I.,' \ J U : M I\J - ,) \ ,j \ L- --- i \ - ""irl('r'I'\'~J'\ i~~(~~~,-~:..~:I__':'_~ ,- "."., ' Masoud Atefi, M CE 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! 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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 '"'--'" m ~IMX~ ....".,. ......... fill........... Cvuner SdIOOf COnclumtr.C.r ~:4Ibn....... .......... Fornr ............ "Ill: ~"'~J'<;J~A .... ........."..........a.., -.....--. e... --'*..... ._"" ---...--..rr --= ~ 111'........ ...,...., Jt"'l!bl:: Coq",.._~:r....... AMI..... & D-. L.-.. OWl. ..... ......1IIIrtd ...... 1h.... ................... fill .. .....1.JfllI I fit' It'" - __ ... ... ..... ... _ ... .......... pn:!jIct ........ I .......... fII ~... MIA" A dI1IiI...... ... be ...f"h,tI ...., ..... (is) ~ . ~ I'iIIlleIpt .. ~ ...1"11..... A dlI!tmJi.4n II.. .......... It ftlidibr'one,.-ftam_ or...... Once fie o..r"J.._~Ordw....... b~."'1h1l"', .,... run.... Dln;~.n;or4 oraer. ' ::::..~ ~-' ......"'"""-i..~ ~U01 5...~ _~~~~ ProJRt~ ~ ~ ~ Cl'UtI6..-w_,,1il.4 PRO ~ ::....... PnJpefty~ ~(JfCN)I t!..M. ....... ~ n--hlp u.t ~~-. ~r.~~rrf~l~ It- 1l4mllen&xthofGt6lramllvd. ~1r~..W. ~ TOIIIJ_ofUnb: 199 lJpIiiOf\lrilli: ~FamIy r-.. ." ~._.(I--.".....) ........ ~.."'I~ SfJtC 275 .~~ ~~ "'~.GlIUlI, ........" · ~1lII "'*"v"" ....,.. 1'tUITlb8r_ ~ rifll'lb1t)"'" 0...... d.......~ ~ ~~~~-=-~~.~-.:~ ~~.~ _.b'f!!"'I/~ PIt........ ~doHAI TIlIt~ fJ,iIo..~_ -.. no..... +1" ,...~__ ~..........". Jl.Q /0 ':L Cooo__, Q:tI.l o'} 02 .s . l..,tfwIIlle~~.-.",,,~ ~ors--.(108)tor....... r 1Mtft)r.. the ~... compry"IIe.-JoPlldlAMlf f681n1ct (LOS) Iiclr 8clhooI...... ~ hllllClhed ~_.... ~=~~"""""L.-":;-lUlSl"'_ iA~~ " 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 '* ~ . Coa1~ 00VLft .j(Y1J~ ft~clA"~ 12.~(,\ ~ 4tU'l1 M- {~ c.i ~.!,- . , --- "..- . : ...,.---.'.... j ~ M:\M L P C\PROJECTS\Gulfstream Gardens\E. Breese Postponement letter 121 ! r 1E8 - ,- '" .........- '-'" 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 liD) rrr T!~~nr'~ @ fin)' ----, ~ ' ! !i II ',1(11/ II .~ 2:104 I ' '- \ J! j \... I: ' . ) j L I .. I v I , I "'-'.'" ""~'-"----'-----J "~_~II nPMfN1 .----- 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