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CORRESPONDENCE (AFTER CC APPVL) .~...... ..'r-' /." "\, v. \. '. , ~. r",', :- ~ -">< "', //,.. '\.'.-'"-' -,.,.,;.", ," 0 N ,\'"' The City of Boynton Beach DEVELOPMENT DEPARTMENT DIRECTOR'S OFFICE 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6372 FAX: 561-742-6089 :fi~ f'lS 1'M 63 - (D( www.boynton-beach.org Outstanding items from the Second Amended Mediation Agreement - As of 11122/06 1. Restore parking pattern along Casa Loma Blvd and within the Parking Garage as depicted in the approved plans, Exhibit B, and Section 12 A of the Second Amended Mediation Agreement. Immediately cease all parking on the undeveloped Restaurant parcel and Overlook area. Parking is allowed only in designated parking areas. 2. Remove all valet restrictions from all non-Two Georges parking spaces. All six (6) handicap parking spaces located at the eastern end of Casa Loma Blvd must remain open and accessible for self-parking by any vehicle which displays a disabled parking pennit. (FS 316.1955) Relocate Valet booth to Two Georges property. 3. Restore traffic circulation to original agreement, pennitting non-exclusive right of ingress and egress to the public. 4. Convey all required reservations and dedications to the City Engineering division. (Exhibit E and Exhibit H Conditions of Approval COUS 98-008, comments 12,26,60 of the Second Amended Mediation Agreement; Conditions of Approval COUS 03-003, comment 15.) 5. Provide the City with the required engineer's estimate for the cost of the Casa Loma Over1ook improvements as specified in Article 12 E and Comment 27, Exhibit H, Conditions of Approval COUS 98-008, of the Second Amended Mediation Agreement and Conditions of Approval COUS 03-003. Upon approval of the estimate by the City, construct the improvements as depicted on the Site Plan and the Casa Loma Overlook Construction and Use Detail. Prepare the undeveloped future Restaurant Site, per City Ordinance, Land Development Regulations, Chapter 8, Article IV E, or place sod as a ground cover. 6. Exhibit"H" Conditions of Approval COUS 98-008 Outstanding items: Comment # . 1. - Complete the dumpster at the East end of Casa Loma Blvd (Two Georges). Gates are missing. . 18. - Fee in lieu of dedication approved by City Commission was set at $70,000. Fee collected at time of permit was $68,000. Remit balance of $2,000. . 22 - Provide the City with a copy of the Dock Lease agreement, indicating the required stipulations from this comment. . 23 - Provide the City with a copy of the Retail Lease agreement, indicating the required stipulations from this comment. . 30 - Provide the City with a copy of the Maintenance Agreement for Casa Loma Blvd. . 48 - Comply with the required landscaping conditions, completing missing landscape from the Northwest comer of the site. 4 . -'~ - .- ---::~~_---:i:: " .~"- HARINA VILLAGE d I 6 u ',' N T 0 f~ R F A C H 1-9-07 TO: Nancy Byrne The City of Boynton Beach RE: Outstanding items from the Second Amended Mediation Agreement 1. Parking is restored along Casa Lorna and in the Parking Garage as depicted in the approved plans. There is no more parking in the restaurant parcel. 2. The Related Group has completed all obligations concerning this item. 3. The rotary area of Cas a Lorna was built according to plan by The Related Group. 4. Comment 12- The 15' Easement of 6th Street will be dedicated to the city. Comment 26- The entire restaurant site is now being sold as a park. The new owners will build the public park. Comment 60- upon clarification TRG will grant the proper easement. Comment 15-To be discussed. 5. According to the design professional, the Casa Lorna overlook is complete and no cost estimate is required. The restaurant pad is covered with sod. 6. Exhibit "H" Conditions of Approval . 1. The dumpster enclosure is complete. . 18. The amount of $7000 was paid to the Development Department to satisfy the outstanding balance for the fee in lieu of parking. 7~13 NE 1st Avp Boynton B€acr" j':j ~~4J5 T 561.-'J8.656ti F 561 738.655[; fT'dl jn3\/i!:a~lebl',::" "-in: . '.~"" HARINA VILLAGE ell flOyN10~~ DC/_ell . 22. Each slip owner has a parking space in the garage. A list of these spaces is submitted with this letter. The slips are sold not leased. A copy of the Marina Slip condominium documents is submitted with this letter. 17.1 sec. (c) page 27 ofthe Declaration prohibits any live aboard activity. . 23. Each retail unit was sold not leased. The owners will have designated parking in an area of the garage other than the public as shown in the parking layout submitted with this letter. . 30. To be discussed. . 48. Landscaping is complete to our knowledge at Marina Village. Utility conflicts at the Northwest corner of the site prevented us from landscaping that section as originally planned. To remedy the problem we mitigated two 16'magony trees from the pool area to the Northwest corner of the site. Revised plans were submitted to the City and approved. 743 NE 1st ,~Vt Boynton Beach, ~:a 3~!Lj35 T 561.738,6563 F 561.738.6558 tllat Inaviildgebo\/f;Li '"'liT: =':::seTl'eJ Tor Clerk of Court that is only required to be approved by, and executed upon the direction of, a majority of all Directors of the Association. 17. Occuoancv and Use Restrictions. In order to provide for congenial occupancy of the Condominium and Association Property and for the protection of the values of the Units, the use of the Condominium Property shall be restricted to and shall be in accordance with the following provisions: 17.1 Use Restrictions. ~ * (c) (e) (a) Only pleasure and leisure Vessels in seaworthy condition and under their own power, may be moored in the Condominium. No Un~ may be used for commercial purposes. Further, no more than one (1) Vessel may be moored in a Un~; provided, however, that dinghies or other small craft may be stored with the Vessel. All operators of Vessels shall obselVe all posted speed limits and other rules when in the waters abutting The Properties. Vessels shall at all times comply, and be operated in compliance, with all applicable Association, City, County, State and Federal laws, rules and regulations pertaining to the operation of watercraft. (b) No Unit may be occupied by a Vessel until such Vessel has been approved by the Association. The minimum standards for such approval shall be the compliance of the Vessel with the requirements of this Declaration and with those adopted by the Association from time to time. The granting of approval for a Vessel shall not, however, be deemed to create any liabiUty of the Association or of its officers, directors or members as to the unsafe or unseaworthy condition of any Vessel or any damage to person or property mising therefrom. No Vessel may be used as a residence (whether temporarily or permanently) and as such no peISOI1s shall be permitted to live aboard, or stay overnight on, a Vessel. (d) Owners are solely responsible for the proper mooring of their Vessels and are required to maintain mooring lines in good condition and sufficiently strong to secure their Vessels at all times. Any special mooring rules or procedures issued by the Association shall be complied with at all times. No Owner may install a boat lift for the dry storage of Vessels, nor shall dry storage of Vessels be permitted by any other means whatsoever. During hunicanes and other high velocity wind threats, each Owner of a Vessel shall be responsible for following all safety precautions that may be issued or recommended by the National Hurricane Center, National Weather SelVice, U.S. Coast Guard, the Association or any other applicable agency, which may include, withoutlimilation, removal of Vessels from the Condominium. If an Owner's Vessel sinks as a result of a storm or for any other reason, the Owner musl remove the sunken Vessel from the Condominium immediately after the occurrence of such event and, if not so removed within three (3) hours after the sinking, the Association may (but shall not be obligated to) remove the same and charge the Owner for the cost of said removal. Each Owner shall be deemed to automatically agree to indemnity and hoid harmless the Association, its agents, employees and designees for and from any and all loss or damages incurred in connection with the exercise or nOn-€<erc;se of the Association's rights hereunder, unless G~~l'b,f ff :It 2J-.. 1/3/2007 Garage Floor Space Building Unit 233 2 233 2 709 258 3 258 1 803 304 3 304 1 105 326 3 326 1 PH7 356 3 356 VACANT 380 3 380 2 809 416 4 416 1 1101 663 5 663 VACANT 664 5 664 VACANT 665 5 665 VACANT 297 3 297 1 PH1 2nd space 170 2 170 2 PH5 A-5 MARINA 483 4 483 2 702 A-7 MARINA 536 4 536 2 708 A-8 MARINA 255 2 255 1 LPH5 B-10 MARINA 625 5 625 2 1104 B-11 MARINA 282 3 282 1 103 B-12 MARINA 381 3 381 2 806 B-13 MARINA 358 3 358 B 16 B-16 MARINA 229 2 229 3 PH1 B-17 MARINA 506 4 506 B 4 B-4 MARINA 618 5 618 2 1101 B-6 MARINA 332 3 332 1 712 B-9 MARINA 361 3 361 4 TH1 C-18 MARINA 511 4 511 1 PH3 C-19 MARINA 508 4 508 C 20 C-20 MARINA 469 4 469 1 902 C-21 MARINA 366 3 366 5 TH4 C-22 MARINA 342 3 342 4 TH5 C-23 MARINA 364 3 364 5 TH2 C-24 MARINA 341 3 341 5 TH3 C-25 MARINA 180 2 180 2 101 Cancelling 444 4 444 1 1201 Cancelling 524 4 524 2 1402 Cancelling 360 3 360 5 TH6 0-26 MARINA 368 3 368 5 TH5 0-27 MARINA 510 4 510 0 29 0-29 MARINA 507 4 507 0 30 0-30 MARINA 504 4 504 0 34 0-34 MARINA 509 4 509 0 35 0-35 MARINA 505 4 505 0 36 0-36 MARINA 414 4 414 1 1101 0-37 MARINA 355 3 355 VACANT MARINA 359 3 359 VACANT MARINA 486 4 486 4 TH5 MARINA 499 4 499 VACANT MARINA 500 4 500 VACANT MARINA 501 4 501 VACANT MARINA 502 4 502 VACANT MARINA 503 4 503 VACANT MARINA I ) - I .~ 1':-, 1/ l=r.1 -I -U1- r~ G)" . l.~~ ~8e \ il<;J} y € ( lm - . 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Boynton Beach Page 1 of6 Rumpf, Michael From: Byrne, Nancy Sent: Friday, February 02, 2007 5:01 PM To: Bright, Lisa; Reardon, Robert Cc: Livergood, Jeffrey: Breese, Ed; 'Carlos Rosso'; 'scaggsd@comcast.nel'; 'bsmith@marinamanagement.com'; Greene, Quintus; Cherof, James; 'Kenneth Spillias'; Brooks, Vivian; Bressner, Kurt; Rumpf, Michael; Bucklew, William Subject: RE: Marina Village @ Boynton Beach Lisa et ai, I need to clear up a misnomer here - Two Georges is far from underparked. Based on the restaurants current license for 295 seats, they would need 118 parking spaces. Per the latest drawing submitted, they have 41 surface parking spaces on Casa Lorna; 35 parking spaces in the Garage that the CRA paid for; and 66 parking spaces in the off-site lot on SE 1st Ave, for a total of 142 spaces. At this point in time, they actually have an excess of 24 spaces. Even if they added the additional 40 chairs allowed by City Commission, that would only. increase the parking requirement by 16 spaces, reducing the EXCESS to 8 spaces. That does not include the very generous allocation the CRA included in the Marina purchase for the exclusive 6 p.m. to 6 a.m. use of the 22 spaces along the southern seawall. It is the City staft's position that at this point in time, ALL spaces in the parking garage, regardless of the retail/restaurant/public use, should be marked as Public Parking. That way the patrons of all facets of the Marina benefit from the total number of available spaces, still allowing Two Georges to use the ground parking for valet. Please let me know if there are any other issues you would like clarified relating to parking. Nancy From: Bright, Lisa Sent: Friday, February 02, 20074:31 PM To: Reardon, Robert Cc: Byrne, Nancy; Livergood, Jeffrey; Breese, Ed; 'Carlos Rosso'; 'scaggsd@comcast.net'; 'bsmith@marinamanagement.com'; Greene, Quintus; Cherof, James; 'Kenneth Spillias'; Brooks, Vivian Subject: RE: Marina Village @ Boynton Beach Dear Robert, As I understood the discussion at the joint meeting regarding parking, the CRA, Georges and TRG asked the City to accept the new parking plan with the first spaces being Two Georges Self-Parking (NOT VALET) and the remaining contiguous spaces would be marked for "Public Parking" (these spaces are the 110). The thought process behind this was: Two Georges customers directed to self-parking would go right into the garage and even if the Two Georges spaces were taken already by customers then the remainder would be public parking and folks would just park there. My concern with placing the Two Georges up at the top by the gate would mean: Two Georges Self-Parking customers would see the "Public Parking" spaces and park there automatically; thus if all Public Parking spaces were utilized and a customer NOT from Two Georges saw the top spaces painted "Two Georges" it would be unlikely they would park in those spaces. Two Georges is aiready underparked according to code making it nonconforming and will not want to give up their spaces to "Public Parking" unless the mediation agreement is amended to not penalize. In order to make this happen by the March agenda - please make this a priority to resolve it next week. Thanks. 2/2/2007 Fw: Marina Village @ Boynton Beach Page 2 of6 Lisa From: Reardon, Robert Sent: Friday, February 02, 2007 9:48 AM To: Bright, Lisa Subject: FW: Marina Village @ Boynton Beach From: Byrne, Nancy Sent: Thursday, February 01, 20078:31 AM To: Bright, Lisa; 'Carlos Rosso'; Steve Scaggs (scaggsd@comcast.net) Cc: Reardon, Robert; 'bsmith@marinamanagement.com' Subject: FW: Marina Village @ Boynton Beach Carlos et ai, Please review the preliminary staff comments below on the proposed changes submitted on January 25th. Nancy From: Breese, Ed Sent: Friday, January 26, 2007 4:51 PM To: Byrne, Nancy; Livergood, Jeffrey; Greene, Quintus; Bressner, Kurt; Cherof, James Cc: Rumpf, Michael; Bucklew, William Subject: RE: Marina Village @ Boynton Beach Nancy, With the limited information provided, I am not sure how the 110 "Public" parking space figure was derived. The plan does indeed show 110 "Public" parking spaces, but how was it determined that this number is correct based upon original approvals and other land swapping deals? The only other comment is, with the proposed one-way traffic flow change, the existing dumpster orientation would require the City to go the wrong way on the one-way to pick up the garbage. Let me know if I can provide anything further. Thanks, Ed From: Livergood, Jeffrey Sent: Friday, January 26,200711:41 AM To: Byrne, Nancy; Greene, Quintus; Bressner, Kurt; Cherof, James Cc: Rumpf, Michael; Breese, Ed; Bucklew, William Subject: RE: Marina Village @ Boynton Beach I have a number of issues. Some technical, others practical. Technical Issues The driveway aisle is one way eastbound and it is proposed that this aisle be the oniy eastbound travei path from Marina Drive/NE 6th to the peninsula business (Two Georges, etc.) This aisle was not designed to accommodate traffic load other than those vehicles accessing the boat slips. All other vehicles were intended to use the two way aisle on Casa Loma. This is significant because all other vehicles on Casa Loma includes Fire Department apparatus, garbage trucks, and semi delivery trucks of food. These vehicles cannot make the turn onto the driving aisle adjacent to the boat slips because of the physical design of the pavement and curbs. I confirmed with Larry Quinn, Solid Waste Manager, that the garbage trucks are unable to make this movement. Therefore, even larger vehicles will not be able to make this movement either. The geometric design of the boat access aisle and its entrance must be redesigned to accommodate these larger vehicles if the proposed traffic plan is approved. 2/2/2007 Fw: Marina Village @ Boynton Beach Page 3 of6 The cul-de-sac / traffic circle was designed to accommodate movement in a counter-clockwise direction. This is the commonly accepted movement for this type of design. The proposal is to modify this to a clockwise movement. This will place a conftict point within the circle with those vehicles leaving the boat slip aisle. These motorists may assume that the flow around the circle is counter-clockwise. This is not a critical item but one that merits further consideration from a safety perspective. The proposed signage to identify the one way westbound movement is not acceptable. The intersection of Marina Drive and Casa Loma was purposely designed to accommodate two way traffic. Simple signage will not be sufficient to completely eliminate eastbound travel on Casa Loma. For example, envision a motorist leaving Ocean Ave, traveling down northbound 6th. The motorists makes the right turn at the dive shop and proceeds to Two Georges. If they miss the very small driveway opening to the boat access aisle they are then confronted with head on traffic coming from the one way westbound traffic on Casa Loma. Many motorists will become confused and proceed the wrong way down Casa Loma. The aisle by the boat slips was designed to be a quiet, less visible, access point to the slips and not a major driveway to the business. Therefore it is designed to be less conspicuous and this now works against the proposed plan modification. Furthermore, the parking on the access aisle is parallel on both sides of the aisle. Additional traffic could lead to more vehicular accidents because of the parallel parking design. Also, the parallel parking design for the boat slips means there are numerous pedestrians crossing the access aisle at multiple locations where motorists may not expect. Thus, the chances of vehicle/pedestrian accidents is greater in the proposed design than in the approved plan. At our meeting last week, it was reported that the valets do not use the boat access aisles to return vehicles to the driver at the restaurant. We were told that the valets bring the vehicle back down the two way aisle on Casa Loma. We were also told that if this aisle on Casa Loma becomes one way westbound that the valets would still not use the boat access aisle that instead they would back the cars eastbound to the driver. This is not a safe movement because it would conflict with the one way westbound traffic flow. Practical Issues Any parking scheme needs to be designed with the user in mind. Motorists that see their destination will drive directly towards it. In the proposed scenario, the motorists can get "lost" as suggested above. Furthermore, the road system was purposely designed to allow the occasional motorist out for an afternoon drive to be able to drive down Casa Loma and drive around the traffic circle for sight seeing. In the proposed traffic plan, this motorist will find him/herself contained within a valet queue. This may not be a "friendly" welcome to some. Most motorists seek the most convenient parking near their final destination. According to the proposed plan, there is no parking allocated for that motorist on the peninsula. Instead, all the parking is reserved for valet. The City's original goal was to reserve as many parking spaces as possible for the public on Casa Loma. I am concerned about the placement of the public parking spaces within the parking deck. First, it is proposed to remove all public parking from the peninsula and place it in the deck. I noted that this parking is being relocated to the farthest reaches of the parking deck. I find it odd that the the majority of the most convenient spaces inside the parking structure are allocated to Two Georges. If these spaces are allocated to self parking for patrons of Two Georges, this is fine since Two George will likely be the largest user of deck parking. If the referenced spaces are located in this convenient location for the the benefit of the valet process, that is an entirely different matter. Any valet spaces inside the deck should be located in the farthest reaches. Many motorists do not like using parking garages, particularly if they have to travel or walk large distances in the garage. Short term, occasional, visitors or users should be assigned parking spaces most convenient to their destination. Doing so helps to guarantee that they will feel safer and then return and continue to support the businesses in the future. Therefore, the most convenient parking spaces should always be assigned the customer. The parking garage entrances on both 6th and Boynton Beach Boulevard should have a large Parking sign mounted above the garage entrance on the building. The sign should be the typical parking sign reading "Public Parking". The public spaces in the deck should also be marked as public spaces. If Two Georges intends to use the spaces for patron self parking, then I suggest that their spaces also read public parking. My last concern involves enforcement. How will parking space usage in the deck be monitored and enforced, both for public and private spaces. Do the City and Two Georges have the lawful right to post time and use restrictions of spaces and can these restrictions be enforced by monetary fines andlor towing? I don't know the law pertaining to this or how the condo docs are written. But, I would like to know this now so that when problems arise with 2/2/2007 Fw: Marina Village @ Boynton Beach Page 40f6 parking (and problems will arise) we know how to proceed. Summary Most items referenced herein concern safety. The approved site plan was designed with safety in mind. I would consider, and certainly support, any new plan that involves the physical re-design of the pavements, curb and parking to accommodate the proposed one-way traffic flows. I too see a number of benefits to the user with the proposed traffic flow. However, there are a number of physical changes necessary in order to safely accommodate large vehicles, valet, and the public (both motoring and pedestrian). I would be pleased to assist in any way that I can. I will also support the final mediation agreement in whatever final form that is negotiated. Jeff Jeffrey R. Livergood, P.E. Director of Public Works and Engineering City of Boynton Beach, Florida 561-742-6201 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. The handicap accessible parking should be open to all users and not destination specific. Jeff Jeffrey R. Livergood, P.E. Director of Public Works and Engineering City of Boynton Beach, Florida 561-742-6201 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. -----Original Message----- From: Bucklew, William Sent: Friday, January 26, 2007 11:37 AM To: Byrne, Nancy; Livergood, Jeffrey; Greene, Quintus; Bressner, Kurt; Cherof, James Cc: Rumpf, Michael; Breese, Ed Subject: RE: Marina Village @ Boynton Beach Since Two Georges has designated the outside Accessible spaces for their use, a sign needs to be placed to indicate to the general public that the "public" accessible parking is located in the garage. Bill B 2/2/2007 Fw: Marina Village @ Boynton Beach -----Original Message----- From: Byrne, Nancy Sent: Thursday, January 25, 20072:59 PM To: Livergood, Jeffrey; Greene, Quintus; Bressner, Kurt; Cherof, James Cc: Rumpf, Michael; Breese, Ed; Bucklew, William Subject: PN: Marina Village @ Boynton Beach Please see the attached revision and reply to all with any comments/concerns. Thanks, Nancy Page 5 of6 From: Carlos Rosso [mailto:CRosso@RELATEDGROUP.COM] Sent: Thursday, January 25, 2007 11 :48 AM To: bsmith@marinamanagement.com; Byrne, Nancy Subject: Fw: Marina Village @ Boynton Beach Nancy This is the revised parking layout we will be attaching to the Mediation Agreement.Pls approve. Thks _m_ Original Message __m From: Roger Fry <RFry@rogerfry.com> To: Carlos Rosso Sent: Tue Jan 23 17: 13:592007 Subject: Marina Village @ Boynton Beach C <<parking allocation plans.pdt>> arlos: Find attached the revised site plan and garage parking allocation plan. Sincerely, Roger Fry Roger Fry and Associates Architects, P.A. 2791 Bird A venue Coconut Grove, Florida 33133 Phone: 305-446-7787 Fax: 305-443-5755 rfry@rogerfry.com <BLOCKED: :mailto: surrunagalmrogerfrv .com> NOTE: 2/2/2007 }<'w: Marina Village @ Boynton Beach Page 6 of6 This information is for use on this specific project only. If attachments are included with this transmission, then the following applies: This electronic data is copyrighted and confidential material which is provided to the recipient for coordination of its work efforts with Roger Fry & Associates Architects. It shall not be copied or provided to any other parties for any use. This data is subject to change at the discretion of Roger Fry & Associates Architects and it is the responsibility of the recipient to request periodic updates. Roger Fry & Associates Architects assumes no responsibility for data generated from this transmission which is not illustrated on signed and sealed record documents. (email by:sergio) 2/2/2007 Re: Marina Village @ Boynton Beach Page 3 of7 From: Byrne, Nancy Sent: Thursday, February 01, 2007 8:31 AM To: Bright, Lisa; 'Carlos Rosso'; Steve Scaggs (scaggsd@comcast.net) Cc: Reardon, Robert; 'bsmith@marinamanagement.com' Subject: FW: Marina Village @ Boynton Beach Carlos et aI, Please review the preliminary staff comments below on the proposed changes submitted on January 25th. Nancy From: Breese, Ed Sent: Friday, January 26, 2007 4:51 PM To: Byrne, Nancy; Livergood, Jeffrey; Greene, Quintus; Bressner, Kurt; Cherof, James Cc: Rmnpf, Michael; Bucklew, William Subject: RE: Marina Village @ Boynton Beach Nancy, With the limited information provided, I am not sure how the 110 "Public" parking space figure was derived. The plan does indeed show 110 "Public" parking spaces, but how was it determined that this number is correct based upon original approvals and other land swapping deals? The only other comment is, with the proposed one-way traffic flow change, the existing dumpster orientation would require the City to go the wrong way on the one-way to pick up the garbage. Let me know if! can provide anything further. Thanks, Ed From: Livergood, Jeffrey Sent: Friday, January 26, 2007 11:41 AM To: Byrne, Nancy; Greene, Quintus; Bressner, Kurt; Cherof, James Cc: Rumpf, Michael; Breese, Ed; Bucklew, William Subject: RE: Marina Village @ Boynton Beach I have a number of issues. Some technical, others practical. Technical Issues The driveway aisle is one way eastbound and it is proposed that this aisle be the only eastbound travel path from Marina Drive/NE 6th to the peninsula business (Two Georges, etc.) This aisle was not designed to accommodate traffic load other than those vehicles accessing the boat slips. All other vehicles were intended to use the two way aisle on Casa Lorna. This is significant because all other vehicles on Casa Lorna includes Fire Department apparatus, garbage trucks, and semi delivery trucks offood. These vehicles cannot make the tmn onto the driving aisle adjacent to the boat slips because of the physical 2/2/2007 IZe: Marina Village @ Boynton Beach Page 6 of7 Jeffrey R. Livergood, P.E. Director of Public Works and Engineering City of Boynton Beach, Florida 561-742-6201 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e- mail address may be subject to public disclosure. -----Original Message----- From: Bucklew, William Sent: Friday, January 26, 2007 11 :37 AM To: Byrne, Nancy; Livergood, Jeffrey; Greene, Quintus; Bressner, Kurt; Cherof, James Cc: Rumpf, Michael; Breese, Ed Subject: RE: Marina Village @ Boynton Beach Since Two Georges has designated the outside Accessible spaces for their use, a sign needs to be placed to indicate to the general public that the "public" accessible parking is located in the garage. BillB -----Original Message----- From: Byrne, Nancy Sent: Thursday, January 25, 20072:59 PM To: Livergood, Jeffrey; Greene, Quintus; Bressner, Kurt; Cherof, James Cc: Rumpf, Michael; Breese, Ed; Bucklew, William Subject: FW: Marina Village @ Boynton Beach Please see the attached revision and reply to all with any comments/concerns. Thanks, Nancy From: Carlos Rosso [mailto:CRosso@RELATEDGROUP.COM] Sent: Thursday, January 25, 2007 II :48 AM To: bsmith@marinamanagement.com; Byrne, Nancy Subject: Fw: Marina Village @ Boynton Beach Nancy This is the revised parking layout we will be attaching to the Mediation Agreement.Pls approve. Thks ----- Original Message ----- 2/2/2007 . Ke: Marina Village @ Boynton Beach Page 1 of7 Rumpf, Michael From: Carlos Rosso [CRosso@RELATEDGROUP.COM] Friday, February 02, 2007 5:06 PM Byrne, Nancy; Bright, Lisa; Reardon, Robert Livergood, Jeffrey; Breese, Ed; scaggsd@comcasl.net; bsmith@marinamanagemenl.com; Greene, Quintus; Cherof, James; kspillias@lIw-law.com; Brooks, Vivian; Bressner, Kurt: Rumpf, Michael: Bucklew, WilHam Subject: Re: Marina Village @ Boynton Beach Sent: To: Cc: First I cannot mark spaces that are allocated to retail as PUBLIC. These spaces are owned by the retail buyers. We paid "parking in lieu of' so that the City builds public parking somewhere else. Second we don't want the spots of Two Georges on the top of the ramp. We don,t want guys driving at 2 AM in the morning driving down the ramp after 4 beers. Let Two Georges have the spaces as close as possible to the exit so there are less possibilities of accidents or tripping inside the garage. ----- Original Message ----- From: Byrne, Nancy <ByrneN@ci.boynton-beach.fl.us> To: Bright, Lisa <BrightL@ci.boynton-beach.fl.us>; Reardon, Robert <ReardonR@ci.boynton-beach.fl.us> Cc: Livergood, Jeffrey <LivergoodJ@ci.boynton-beach.fl.us>; Breese, Ed <BreeseE@ci.boynton-beach.fl.us>; Carlos Rosso; scaggsd@comcast.net <scaggsd@comcast.net>; bsmith@marinamanagement.com <bsmith@marinamanagement.com>; Greene, Quintus <GreeneQ@ci.boynton-beach.fl.us>; Cherof, James <CherotJ@ci.boynton-beach.fl.us>; Kenneth Spillias <kspillias@llw-Iaw.com>; Brooks, Vivian <BrooksVi@ci.boynton-beach.fl.us>; Bressner, Kurt <BressnerK@ci.boynton- beach. fl. us>; Rumpf, Michael <RumpfM@ci.boynton-beach.fl.us>; Bucklew, William <BucklewW@ci.boynton- beach.fl.us> Sent: Fri Feb 02 17:00:342007 Subject: RE: Marina Village @ Boynton Beach Lisa et aI, I need to clear up a misnomer here - Two Georges is far from underparked. Based on the restaurants current license for 295 seats, they would need 118 parking spaces. Per the latest drawing submitted, they have 41 surface parking spaces on Casa Lorna; 35 parking spaces in the Garage that the CRA paid for; and 66 parking spaces in the off-site lot on SE 1st Ave, for a total of 142 spaces. At this point in time, they actually have an excess of24 spaces. Even if they added the additional 40 chairs allowed by City Commission, that would only increase the parking requirement by 16 spaces, reducing the EXCESS to 8 spaces. That does not include the very generous allocation the CRA included in the Marina purchase for the exclusive 6 p.m. to 6 a.m. use of the 22 spaces along the southern seawall. It is the City staffs position that at this point in time, ALL spaces in the parking garage, regardless of the retaiVrestaurantlpublic use, should be marked as Public Parking. That way the patrons of all facets of the Marina benefit from the total number of available spaces, still allowing Two Georges to use the ground parking for valet. Please let me know if there are any other issues you would like clarified relating to parking. Nancy 2/2/2007 I i /.? .}<.M At _."I.li..IW.;;ai.",",,",,::"'-';~ fv1ARINA VILLAGE il: n r; v~, Ct., October 25, 2006 Kevin Callahan Forester! Environmentalist Planning and Zoning Division 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach FL. 33425-0310 RE: South Florida Water Management District Permit No. 50-04166-P-03 Dear Mr. Hallahan, The Related Group will be responsible for the close out of SFWMD Permit 50-04166-P- 03. The Related Group will also continue to fund the remaining monitoring events in 2007 and 2008. The Marina Village at Boynton Beach Condominium Association will take over ownership of the property and will assume the responsibility of ensuring the conservation area remains free of exotic vegetation on a long-term basis after the close out of the permit. We are adding this responsibility to the official Condominium Association and will copy you.op that change. / Sincerely / A "l/Z/Z:w~ Carlos Rosso Vice President The Related Group of Florida 640 E. Ocean Avenue Suite 19 Boynton Beach, Flonda 33435 T 561. 738.6568 F 561. 738.6558 bi~ r:nvironmental, Inc, /~b P.O. Box 2247 Stuart, FL 34995 Phone: 772.286.1553 Fax: 772.286. 1968 Email: main@ibisenv.com October 24, 2006 Mr. Brian Smith Marina Village at Boynton Beach 743 N.E. First Avenue Boynton Beach, FL 33435 VIA E-MAIL ON THIS DATE Dear Mr. Smith, The purpose of this letter is to summarize the mitigation monitoring requirements for the wetland mitigation area located at Marina Village at Boynton Beach. According to the requirements of South Florida Water Management District (SFWMD) Permit No. 50-04166-P-03 the wetland mitigation area must be monitored annually for the duration of five years. At this time our firm has completed the Baseline Monitoring and Report, as well as, the first two Annual Monitoring and Reports. The remaining monitoring events are scheduled to take place in May 2007 and May 2008. Following each of these monitoring events a report of findings will be submitted to SFWMD. Upon completion of the May 2008 monitoring, Ibis Environmental, Inc. will request a final inspection of the mitigation area by SFWMD and will obtain sign off from the agency confirming that the monitoring requirement has been met and that survivorship of the site vegetation meets the permitted requirement. It has come to the attention of Ibis Environmental, Inc. that The Related Group of Florida as agreed to retain responsibility for the monitoring and maintenance of the mitigation area through the duration of the required monitoring period to end in May 2008. This includes any remaining monitoring events yet to be completed. At such time that the monitoring requirement is complete, the Marina Village Homeowner's Association will become responsible for the maintenance of the mitigation area in perpetuity to ensure the conservation area remains free of exotic vegetation (as required in the permit conditions). Sincerely, A l:Y!OrtI S. Eddie,; Alyson S. Eddie Environmental Scientist The City of Boynton Beach DEVELOPMENT DEPARTMENT DIRECTOR'S OFFICE 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6350 FAX: 561-742-6089 www.boynton-beach.org June 20, 2006 Transmitted via Facsimile & E-Mail (305) 445-1834 Jackson Stith The Related Group 2828 Coral Way, Penthouse 1 Miami, FL 33145 Re: Address Correction for Marina Village project Dear Mr. Stith: Please be advised that David Kelley, City Engineer, has noted an error in the street name submitted for addressing. The addresses requested for "Marina Drive" should have reflected the platted street name of "East Marina Way". Marina Drive is not a recognized street name in accordance with the accepted, recorded plat. He further comments that in accordance with Chapter 22 and the City's Uniform Addressing Procedure, since the units actually face Casa Loma Blvd they should be addressed with that street name, not East Marina Way. Therefore, the following change should be made to the addresses of the town house units: Townhouses - Numbered in the 700 block of Casa Loma Blvd, odd side of the street, to conform with the majority of project number assignments. Units would be numbered beginning on the east end, 701, 703, 705, 707, 709, 711, 713, 715, 717, 719, 721. This will not conflict with the existing addresses on the site. If you have any further questions, please contact Dave Kelley in the Engineering Division, at (561) 742-6985. Sincerely, . /tknul ,gJ(lIf~ Nancy Byr'7ij= d Assistant ~~;rect8r of Development Xc: Carlos Rosso, Senior Project Manager, The Related Group Brian Smith, Director of Operations, The Related Group David Kelley, City Engineer Rick Lee, Fire Protection Engineer Michelle Bullard, Growth Management Coordinator, USPS Mani Berjano, Palm Beach County EMS, 9-1-1 Specialist Gwendolyn Johnson, Communications Supervisor fJIJ \J~O~ Cd The Related Group of Florida 2828 Coral Way, Penthouse Suite Miami, Florida 33145 Tel. (305) 460-9900, Fax (305) 460-9911 September 8, 2003 City of Boynton Beach Development Department Attn. Mrs. Nancy Byrne Subject: Marin~ Vill.age at :Boynton B~ach Dear Nancy: First, thank you for receiving us at your office on August 26Th to discuss our plan status Related would like you to know that we appreciate your assistance in helping us get this project into its construction phase. We wanted to give you an update on where we stand with regards to the design work for the above project. Foundation & Buildim! Permit: In regards to this, please note that we are diligently working with Roger Fry and our engineers to have a complete set of Construction Documents submitted to the Building Deparmtent for initial comments by the beginning of October. As discussed, the Building Department will provide us their comments within 10-12 days from receipt of our drawings. We will review your comments and hopefully resubmit the drawings in a matter of days, or set up a meeting, depending on the nature of the comment" When the drawings are completed, we would then present a package of plans for permIttmg (anticipating an early November submission). At this point we would appreciate your input in assisting us to obtain a Foundation Permit, which would allow us to get started with work at site. We anticipate that we can obtain your Foundation Permit by the middle of November. We understand that it will take an additional 4 to 6 weeks for your staff to complete the review of the drawings and issue a final Building Permit. Based on the above we anticipate that we could have a full Building Permit by the end of 2003 c' " 2011') '. .~ I' U.1 Page NO.2 September 8, 2003 OfT Site Work: Weare also working with Suntech Engineering to finalize the design of the re-routed gravity sewer which will be located to the west of the existing Marina. Mike Fawley from Suntech has anticipated that we will be submitting drawings to you in late September and our work would begin early October. Casaloma Blvd: We are working with Jeff Powers of Current Builders to survey the area and come up with As-Built Drawings so that we can have Suntech evaluate and incorporate modifications onto the site work plans we are submitting in late September. Once again, thank you for your support. We look forward to working with The City of Boynton Beach on this prestigious project. Please feel free to contact me if you have any questions. Sincerely, THE RELATED GROUP OF FLORIDA / )/j', ~~~G~.' L-.':t:. t' ';:1 >....' ~7~"- .c- ./ Gregory Stepp Vice-President of Construction GS/er Cc: Mr. Don Johnson - Building Official Low Offices c c-.~-f"(;;j ~ ;:<~~ Il~~ ;- - F. MARTIN PERRY SUSAN L TAYLOR F. Martin Perry & Associates, P.A. J 645 Palm Beach Lakes Blvd. Suite J 200 West Palm Beach. FL 3340/ TELEPHONE (:561) 471-3:507 FAJ((561) 686.5442 May 8, 2003 James A. Cherof, Esq. City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 Via Facsimile: 561/742-6054 954/771-2943 Re: Two Georges Restaurant vs. City of Boynton Beach Case No. CL 99-8505 AG Dear Jim: As you know, this finn represents DSS Properties, Ltd. and DSS Management, Inc. d/b/aJ Two Georges Restaurant. I have been advised that the City Commission recently approved the Major Site Plan Modification submitted by the Related Group for the Boynton Beach Marina project. As a result, my client requested that I review the proposed modifications as they relate to parking, to detennine whether the proposed modifications are consistent with the Court approved settlement of the above case. J have concluded that the current parking modifications do appear to ignore the terms of the Mediation Agreement. For your convenience, I am attaching copies of the Amended Mediation Agreement, dated June 12, 2000; the Court Order, dismissing the case and retaining jurisdiction to enforce the Amended Mediation Agreement; and portions of the Second Revised Development Agreement, recorded on August 28,2000 at ORB 11980, PG 492, Public Records of Palm Beach County. The Amended Mediation Agreement clearly contemplated amendments to the Development Agreement such that it would be consistent with the settlement among the parties. The resulting Development Agreement, the Second Revised Development Agreement, provides, in part, that: "7. DEVELOPER shall provide a minimum of 505 parking spaces, 207 of which must be open and unreserved for publiC use (Ofthese 207 spaces, 59 are on Casa Loma Boulevard and N.E. 6'" Street. The City is granting to the Developer the use of these 59 public spaces as a credit toward his obligation of 207). .... Emphasis added. , .c..u::......t:.14:. James A. Cherof, Esq. May 8, 2003 Page 2 of 2 The foregoing paragraph of the Development Agreement also contains a footnote referring to the August 1999 City Commission hearing, during which the parking issues were extensively discussed and the Commission voted to approve the above parking arrangement. I have reviewed of the minutes from the April 15, 2003 City Commission meeting and the resulting conditions of approval for the Developer's current site plan. I have not yet been able to review full size plans showing the parking arrangement; however, it appears that the resulting approval does not specifically require the developer to leave spaces open and unreserved for publiC use as is required by the Development and Mediation Agreements as previously stated herein. If I am incorrect in this regard, please provide evidence to the contrary. The minutes of the meeting reveal that parking continues to be a significant concern to area businesses and City residents. My clients are also greatly concerned about the lack of available public parking for their customers. Of additional concern in this regard is that the developer has apparently requested that the existing DevelopmentAgreementforthe project be dissolved. My client strenuously objects in that dissolving the Second Revised Development Agreement violates the requirement in the Amended Mediation Agreement that the Development Agreement be consistent with the settlement among the parties. Therefore, I hereby request copies of all documents related to the developer's application or request for a hearing on this matter and further request that I be notified of any meetings or hearings in this regard. As you know, the Court has retained jurisdiction over the enforcement of the settlement. We are hopeful that we will not have to resort to re-opening this litigation; however, my client has grave concerns that the project, as proposed, will detrimentally affect the parking available to its customers. Please call me as soon as pOSSible to discuss this matter in greater detail. Very truly yours, F(~~(~ Enclosures cc: Bill Scaggs, Jr. - via facsimile: 561/620-8189 Steve Scaggs - via facsimile: 301/208-8037 TOTRL P. 02 ~ &\o~-ted &oup Bovnton Beach Marina Due Diligence Questions LAND USE. ZONING & SITE PLAN: l\t~cPh\. 6 2.-~o~ 1) The site plan was approved by the City Commission on August 20, 2002. What is the controlling document that approved the site plan? City Resolution? City Commission minutes (City Clerk Certified) of the actual vote? 2) How long is the site plan good for until it expires if a building permit is not issued? 3) lfthe site plan is close to expiration can we apply.for an extension? How do we apply, and for how long is the typical extension period? 4) What is the Land Use and does the MU-H Zoning conform to it? C~:,)The Planning & Zoning Memo No. PZ 02-163 (page 3) states the rezoning request "...is consistent with the intent ofthe Comprehensive Plan as well as directions in the Federal Highway Corridor Community Redevelopment Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan. . ." On the 3 rd page from the end of this report (P & Z Comments) it says that a "traffic study must meet the requirements of Palm Beach County traffic emdneerill1! orior to buildin1! permits. " \ "" Has this been done? J:\THE RELATED GROUP\PROPERTY FOLDERS\Boynton Beach Marina\2002.11.13 Due Diligence Questions.doc 1 Created on 11113/2002 3:45 PM Created by Larry Justiz Page 1 ofthe Development Department report states "No (traffic) approval letter has been received at this time. The project must meet the requirements of the Palm Beach County Traffic Performance Standards prior to receiving a building permit." ls this the traffic concurrency review by the County? Has the site plan been reviewed and approved for all concurrency reviewable impacts? ln addition to traffic, are there concurrency reviews for fire, police, libraries, solid waste, water, sewer, drainage, etc? The Planning & Zoning Memo No. PZ 02-163 (page 2) states "lmpacts of the development on roadways, the city's utility systems and other public facilities either have been addressed as the project has moved through the development review process, or are required to be addressed prior to permittill1!." What does this last phase mean? J:\THE RELATED GROUP\PROPERTY FOLDERS\Boynton Beach Marina\2002.l1.13 Due Diligence Questions.doc 2 Created on 11113/20023:45 PM Created by Larry Justiz DEVELOPMENT QUESTIONS: 1) SFWMD: What is the status of the SFWMD ERP permit? Has it been applied for? lf not, what do we have to do to file it? 2) Marina: ls the marina fully permitted? ls the marina fully constructed per the marina permits? lfnot, what part of the marina still needs to be completed? How do the boat slips on the North side function without Dolphin piling tie-ups? Are we able to refuel boats that park in the Intracoastal when we will not own the lntracoastal? What is the elevation ofthe top ofthe marina bulkhead? 3) Draina2e & Pavio2 Desi2n: What is the proposed FF elevation for the 2 nine story buildings? FF for the restaurant? FF for the free-standing retaiVoffices? J:\THE RELATED GROUP\PROPERTY FOLDERS\Boynton Beach Marina\2002.l1.13 Due Diligence Questions.doc 3 Created on 11113/2002 3 :45 PM Created by Larry Justiz Discuss the planned FF elevations versus FEMA requirements, surrounding road elevations, and hurricane high tide impacts. What is the existing grade at the location of the buildings? What are the fill requirements for the site, if any? 4) Bovnton Beach Blvd: Assuming there is no Development Agreement in effect, what will be required of us for the construction of Boynton Beach Blvd. adjacent to the site, if anything? Does the site plan, as approved, have any problems associated with the planned design and construction of Boynton Beach Blvd? 5) Plattin2: Discuss the platting process, and what will be required of our plat. ~ 6) Non-City Utilities: Are there any issues with FP&L, telephone, cable, gas line? Will FP&L, telephone, and cable lines on and around the site be underground or overhead? lf underground, is there a cost estimate? 7) Public versus Private Internal Roads: Discuss Marina Drive and Casa Loma Blvd. lf public, will we or the City be maintaining these internal roads? J:\THE RELATED GROUP\PROPERTY FOLDERS\Boynton Beach Marina\2002.11.13 Due Diligence Questions.doc 4 Created on 11113/2002 3 :45 PM Created by Larry Justiz 8) Environmental Reports: Has a Phase 1 and/or 2 been completed? What were the conclusions and recommendations? 9) Soils Test: Discuss this report (demucking, fill, & foundation type recommended). 10) Developers A2reement: Discuss status of the current Development Agreement. Would the City consider entering into a new Development Agreement with us to waive certain impact fees? 11) Other: 12) Other: J:\THE RELATED GROUP\PROPERTY FOLDERS\Boynton Beach Marina\2002.l1.13 Due Diligence Questions.doc 5 Created on 11113/2002 3:45 PM Created by Larry Justiz CITY UTILITIES: 1 ) Wastewater: Current wastewater treatment capacity? Current average daily wastewater flow? What are the Plant Capacity Charges for wastewater? What are the Guaranteed Revenues for wastewater once the Plant Capacity has been reserved? Confirm wastewater connection, or CIAC, charges per unit or ERD. Discuss required offsite wastewater main improvements. Discuss required onsite wastewater main improvements. Will any new lift stations, or improvements to existing lift stations, be required for this project? 2) Potable Water: Current water treatment capacity? Current average daily water usage? What are the water Plant Capacity Charges? What are the Guaranteed Revenues for water once the Plant Capacity has been reserved? J:\THE RELATED GROUP\PROPERTY FOLDERS \Boynton Beach Marina\2002.11.13 Due Diligence Questions.doc 6 Created on 11113/20023:45 PM Created by Larry Justiz Confirm water connection, or CIAC, charges per unit or ERD. Discuss required offsite water main improvements. Discuss required onsite water main improvements. J:\THE RELATED GROUP\PROPERTY FOLDERS \Boynton Beach Marina\2002.11.13 Due Diligence Questions.doc 7 Created on 11113/20023:45 PM Created by Larry Justiz