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HomeMy WebLinkAboutDocumentation_Regular_Tab 10-E_5/14/1998 MEMORANDUM To: Thomas G. Bradford, Village Manager From: Scott D. Ladd,Director of Community Development Date: May 4, 1998 Subject: Site Plan Review for Lighthouse Cove Apartments Joe Capra, Captec Engineering, Applicant Tom, attached are eighteen(18) sets of packets for the above referenced subject. Please place this item on the May 14, 1998, Council agenda. Staff recommends approval. /jmb Attch. MEMORANDUM • DATE: • May 1, 1998 TO: Village Council Board Members FROM: Department of Community Development SUBJECT: Site Plan Review Comments Regarding Acreage for Lighthouse Cove Apartments CC: Scott D. Ladd, Director of Community Development Thomas G. Bradford, Village Manager The Village of Tequesta Department of Community Development has received application for Site Plan Review for a project referred to as Lighthouse Cove Apartments. The applicant's agent is Mr. Joe Capra who is also the engineer of record. The application is for a permitted use, according to our zoning code for the mixed-use district. We are referring to this project as a planned mixed-use development, according to the Comprehensive Zoning Ordinance for the mixed-use district (M/U district) a planned mixed-use development (PMUD) is "required for all permitted special exception, and accessory uses within the mixed-use district except lots or parcels of less than three (3) acres." A planned mixed-use development is defined by the Code of Ordinances, Appendix A, Comprehensive Zoning Ordinance, Section IV as follows: A unified development process that permits a mixture of land uses to develop in a creative, vital and diverse way. Residential, commercial and public buildings and facilities are the primary uses in this development approach. Neighborhood identity is emphasized in mixed-use areas and responsible use of the environment and natural features is required. All modes of traffic, including vehicular, pedestrian, and bicycle are integrated into and connect various uses. The mix and intensity of uses and the property development standards (with the exception of building height which is limited to a maximum -- six(6)stories or eighty-four(84)feet) can be fully negotiated with the village to provide optimum development flexibility in mixed-use areas: Page 2 May 1, 1998 After doing the DRC analysis, we have recognized a factor that must be outlined to Village Council. The project currently has a total acreage of 13.69 acres (596,496 square feet) and the applicant has allocated 252 units for the project (18.41 units per acre). "The total number of dwelling units permitted in the mixed-use district shall be computed on the basis of eighteen (18) dwelling units per gross acre for all residential uses...." Our review shows that the project is over the maximum dwelling units per gross acre allowed by a total of six (6) units. However, as outlined above, the code states that the only standard that may not be negotiated is building height, allowing for negotiation of the dwelling units per gross acre. It is the responsibility of the village to consider the approval for six (6) extra units at 18.41 units per acre for this project. Calculations for Lighthouse Cove Apartments in the M/U District: Total Acreage: 13.69 acres Units Allowed for Lighthouse Cove: 246 total units (13.69 (acre)x 18 (units/acre) Units Allotted for Lighthouse Cove: 252 total _ units (13.69 (acre) x 18.41 (units/acre) VILLAGE OF TEQUESTA VILLAGE COUNCIL April 23, 1998 Staff Report and Recommendations for Development Review Committee(DRC) and Site Plan Review(SPR) Background: An application for Site Plan Review and Development Review of Lighthouse Cove has been submitted to our offices. Lighthouse Cove is a proposed 252 unit apartment complex to be located at the southeastern corner of Dixie Highway and Village Boulevard, west of St. Jude's church and north of the Tequesta Post Office. The application was.-submitted by Captec Engineering, Inc. Captec is the authorized agent for Mr. Gary Van Brock, property owner and-- Dayco, the developer. Staff Report and Comments: A formal meeting of the Development Review Committee was held on Tuesday April 21, 1998 at 1:00 p.m. In attendance representing the Village were: Chief Steve Allison, Michelle Falasz, Tom Hall, Scott Ladd, Al Oslund, and Chief Jim Weinand. Staff's review, comments and requests are outlined below: Comments by Michelle E.Falasz,Village Planner: (To be included in revised plans and documents for Site Plan Review) • Environmental Assessment does not address species of special concern for the project area or in the project area's immediate surroundings. The Environmental Assessment must include a section addressing this concern and any measures which may need to be taken. • Inconsistent acreage throughout report and plans. Update and correct acreage. (To be completed in a timely manner,but not required for Site Plan Review) • Status of possible right turn lane onto Village Boulevard from Dixie Highway is not included in report. Contact Dan Weisberg of Palm Beach County Traffic Division to discuss impact fee credits and report outcome to Michelle Falasz,Planning. - • Page 2 April 23, 1998 DRC Comments by Tom Hall,Director of Water: (To be completed in a timely manner,but not required for Site Plan Review) • Change plans to reflect change in water main extension. This may require clearance from the Post Office as it coincides with their property. • Other technical issues to be discussed between Tom Hall and Joe Capra of Captec Engineering, Inc. be resolved. Any issues that may be of development concern or which may require revision of plans please report to the Community Development Department and Water Department. Comments by Jim Weinand,Fire Chief: (To be completed in a timely manner,but not required for Site Plan Review) • Move fire hydrant locations and make necessary adjustments per Chief Weinand's request on plans. (Adjustments to the landscaping plan must be made also.) • Add hydrant to intersection of Dixie Highway and Village Boulevard on the north side of Village Boulevard. Please include revision on plans. Comments by Steve Allison,Police Chief: (To be included in revised plans and documents for Site Plan Review) . ._. _ • Garages along western boundary of project (bordering Dixie Highway) are strongly recommended. Buffer provided is not sufficient, garages will be allowed as a sufficient additional buffer. • Roads are to remain private once the project is complete. Florida Statutes require authorization for police enforcement from the applicant to the local police department. Compose letter requesting police enforcement for project and address to the attention of Chief Steve Allison. Include copy of letter in plans and documents. • Comments by Al Oslund,Director of Stormwater Utility: (To be completed in a timely manner,but not required for Site Plan Review) • Status of South Florida Water Management District permit needs to be resolved. Contact Community Development and Stormwater Utility with status. • Make adjustments to stormwater plan per Al Oslund. Comments by Scott D.Ladd,Director of Community Development: (To be included in revised plans and documents for Site Plan Review) • Project sign is 10 feet 7 inches, this does not comply with our current zoning- in-progress status for the mixed-use district. Signs must be a monument sign, maximum 8 feet high with a total sign square footage of 45 feet. Sign also needs to be setback 10 feet from front property line,which it is not. Include revisions on plans. • Stop bar detail at exit of project is designed for asphalt. Brick pavers are the material specified for the exit, not asphalt. Therefore, stop bar detail must be designed and specified for pavers. Include revisions on plans. u _f Page 3 April 23, 1998 DRC • • Directional signs must be standard DOT approved. This includes stop signs and any other type of directional signs. Include revisions on plans. • Striping at parking needs to be double, not single. Include revisions on plans. • School-aged children agreement must be signed and submitted with plans and documents for review. (To be completed in a timely manner,but not required for Site Plan Review) • Currently fence for tennis courts is 10 feet in height. We allow a maximum of 6 feet for tenths courts. Also, there needs to be sufficient landscaping to buffer tenths court. Applicant may apply for a variance if he wishes to seek approval for a 10 foot high fence at the tennis court. • If any work is to occur in right-of-way, applicant needs to work closely with Community Development to address appropriate right-of-way procedures. • Fees need to be paid for all trees removed from the property. The fee is $10.00 per tree removed from the property to be developed. There are approximately 216 existing trees. Staff Recommendation: All the above comments, concerns and necessary changes have been addressed by the applicant and submitted for Site Plan Review. Staff Recommends Approval, • r5/ { CflPTEC 1870 S.E.Port St.Lucie Boulevard,Port St.Lucie,Florida 34952 • (561)398-8182 • Fax:(561)398-8180 Engineering, Inc. April 28, 1998 113 Ms. Michelle Falasz Village Planner Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469 RE: Lighthouse Cove Apartments Site Plan Review Comments Dear Ms. Falasz: The following responses are submitted for review from your comments dated April 24, 1998 for the Lighthouse Cove Apartments project: Comments by Michelle Falasz, Village Planner (To be completed in revised plans and documents for Site Plan Review) /COMMENT 1: Environmental Assessment does not address species of special concern for the project area or in the project area's immediate surroundings. The Environmental Assessment must include a section addressing this concern and any measures which may need to be taken. RESPONSE: The revised Environmental Assessment is enclosed. ✓COMMENT 2: Inconsistent acreage throughout report and plans. Update and correct acreage. RESPONSE: Acreage has been updated throughout the report and plans to reflect 13.69 acres. Civil Engineering Professionals (1---)1" Ms. Michelle Falasz April 28, 1998 Page 2 (To be completed in a timely manner, but not required for Site Plan Review) /COMMENT 3: Status of possible right turn lane onto Village Blvd. from Dixie Highway is not included in report. Contact Dan Weisberg of Palm Beach County Traffic Division to discuss impact fee credits and report outcome to Michelle Falasz, Planning. RESPONSE: The traffic report was discussed with Dan Weisberg on April 24, 1998. We have made revisions as requested. I explained your request for a turn lane on Dixie Highway. Mr. Weisberg stated that the Village will need to submit a request to Palm Beach County and they will consider the turn lane. He provided the turn lane requirements to our office and we show a preliminary design of the requested turn lane on the plan. The Lighthouse Cove owners are willing to construct the turn lanes as long as they receive a credit on their impact fees. Please submit the requirements for a turn lane as per the attached plan (sheet 3 of 10) to the Palm Beach County Traffic Division with a request for the turn lane impact fee credit. Comments by Tom Hall. Director of Water (To be completed in a timely manner, but not required for Site Plan Review) / COMMENT 1: Change plans to reflect change in water main extension. This may require clearance from the Post Office as it coincides with their property. RESPONSE: This water main extension change was not requested by Tom Hall during my conversation with him. At the present time, Mr. Van Brock controls the land for the easement. He will review this easement with the future Post Office representative, and then grant the easement. We have sent him the data to submit the easement requirements to the Post Office. This information will not detrimentally effect the project's site plan or approval. ,/ COMMENT 2: Other technical issues to be discussed between Tom Hall and Joe Capra of CAPTEC Engineering, Inc. to be resolved. Any issues that may be of development concern or which may require revision of plans, please report to Community Development and Water Departments. Ms. Michelle Falasz April 28, 1998 Page 3 RESPONSE: Agree. It is only anticipated that minor revisions relative to valves will be changed in the reviews with Mr. Hall. Upon agreement, we will submit revised plans to the Community Development and Water Departments. Comments by Jim Weinand, Fire Chief (To be completed in a timely manner, but not required for Site Plan Review) I COMMENT 1: Move fire hydrant locations and make necessary adjustments per Chief Weinand's request on plans. (Adjustments to the landscaping plan must be made also.) RESPONSE: Agree. We have placed fire hydrants as per the Chiefs request. The fire hydrants are 5 feet away from the trees that are placed within the center of the landscape islands. / COMMENT 2: Add hydrant to intersection of Dixie Highway and Village Blvd. on the north side of Village Blvd. Please include revision on plans. RESPONSE: Agree. The fire hydrant was added to the northeast corner of the intersection as requested. This will provide a fire hydrant along Village Blvd. approximately 550 feet from the fire hydrant at the Sterling House entrance. Comments by Steve Allison, Police Chief (To be completed in revised plans and documents for Site Plan Review) /COMMENT 1: Garages along western boundary of project (bordering Dixie Highway) are strongly recommended. Buffer provided is not sufficient, garages will be allowed as a sufficient additional buffer. Ms. Michelle Falasz April 28, 1998 Page 4 /RESPONSE: The revised plan shows 3 garages along Dixie Highway, and an optional one to be added in the future based on the demand. /COMMENT 2: Roads are to remain private once the project is complete. Florida Statutes require authorization for police enforcement from the applicant to the local police department. Compose letter requesting police enforcement for project and address to the attention of Chief Steve Allison. Include copy of letter in plans and documents. RESPONSE: Letter has been forwarded to Chief Steve Allison from the developer (copy enclosed). Comments by Al Oslund, Director of Stormwater Utility (To be completed in a timely manner, but not required for Site Plan Review) COMMENT 1: Status of South Florida Water Management District permit needs to be resolved. Contact Community Development and Stormwater Utility with status. RESPONSE: Damon Meiers, P.E of the South Florida Water Management District is currently reviewing and will have further information this week. A copy of the submittal to the South Florida Water Management District is enclosed. COMMENT 2: Make adjustments to stormwater plan,;per Al Oslund. RESPONSE: The stormwater lines have been adjusted to be 10 feet away from all buildings. The details have been changed as requested. Ms. Michelle Falasz April 28, 1998 Page 5 Comments by Scott D. Ladd, Director of Community Development (To be completed in revised plans and documents for Site Plan Review) ✓COMMENT 1: Project sign is 10 feet 7 inches. This does not comply with our current zoning — in-progress status for the mixed-use district. Sign must be a monument sign, maximum 8 feet high with a total sign square footage of 45 feet. Sign also needs to be setback 10 feet from front property line, which it is not. Include revisions on plans. RESPONSE: The revised plans from the architect depict the requested monument sign. The sign has been relocated to 10 feet from the property line. COMMENT 2: Stop bar detail at exit of project is designed for asphalt. Brick pavers are the material specified for the exit, not asphalt. Therefore, stop bar detail must be designed and specified for pavers. Include revisions on plans. / RESPONSE: The stop bar detail for brick pavers has been specified on the site plan and the detail sheet 6 of 10. / COMMENT 3: Directional signs must be standard FDOT approved. This includes stop signs and any other type of directional signs. Include revisions on plans. RESPONSE: The revised plans reflect the standard FDOT approved signs both on the site plan and on the detail sheet 6 of 10. Ms. Michelle Falasz April 28, 1998 Page 6 COMMENT 4: Striping at parking needs to be double, not single. Include revisions on plans. RESPONSE: The revised plans reflect the double parking striping on the detail sheet 6 of 10. ✓ COMMENT 5: School-aged children agreement must be signed and submitted with plans for documents for review. RESPONSE: Public School Aged Population Agreement is signed and is included in this submittal. (To be completed in a timely manner, but not required for Site Plan Review) ,/ COMMENT 6: Currently fence for tennis courts is 10 feet in height. We allow a maximum of 6 • feet for tennis courts. Also, there needs to be sufficient landscaping to buffer tennis court. Applicant may apply for a variance if he wishes to seek approval for a 10 foot high fence at the tennis court. RESPONSE: • The proposed revised plan reflects the 6-foot high tennis court fence with landscaping. The applicant may wish to apply at a later date for a variance to a 10-foot fence at the tennis court area. ,/ COMMENT 7: If any work is to occur in right-of-way, applicant needs to work closely with Community Development to address appropriate right-of-way procedures. RESPONSE: The general note sheet 9 of 10 reflects a note in bold letters that "prior to any work within the rights-of-way of Village Blvd and Dixie Highway, the Village of Tequesta will need to issue a special permit". g Ms. Michelle Falasz April 28, 1998 Page 7 COMMENT 8: Fees need to be paid for all trees removed from the property. The fee is $10.00 per tree removed from the property to be developed. There are approximately 216 existing trees. RESPONSE: Agree. The applicant will pay for all removed trees. It is the owner's intent to save as many trees as possible when grade changes will not effect the trees. We respectfully request site plan approval from the Village of Tequesta upon review of this information submitted. Please feel free to contact me if you have any questions or need additional information. •rely, APR 2 7 1998 ti .seph Capra, P.E. Project Engineer . JWC/dcl G:\113\VOT\Resp Comm DRC.Itr Encl. Copy: Luis Lamar - Dayco y - qg-�o� SITE PLAN REVIEW APPLICATION&CHECK LIST PROJECT: Lighthouse Cove Apartments LOCATION: Exo i gi T A See Attached Legal Description PROPERTY CONTROL NUMBER ADDRESS: Village Blvd. Tequesta, Florida A. C.A.B.APPROVAL MEMO&MEETING MINUTES: N/A B. STATEMENT OF OWNERSHIP: See"Exhibit B". Purchase Contract C. STATEMENT OF INTENDED USE: See"Exhibit C", Letter D. STATEMENT OF COMPLIANCE WITH COMP PLAN&CONCURRENCY REQUIREMENTS: See"Exhibit D", Letter of Compliance, Utility Letters, and Concurrency Application E. STATEMENTS OF PRELIMINARY REVIEW BY OTHER AGENCIES: See"Exhibit D" F. GENERAL LOCATION MAP: See"Exhibit F" G. ENVIRONMENTAL IMPACT ANALYSIS/STUDY: See"Exhibit G" a 61r1 H. TREE SURVEY: See the Survey, Sheet 2 of the Plan Set I. SITE PLAN: 1. ARCHITECT-ENGINEER-SURVEYOR-PLANNER-DEVELOPER: See "Exhibit I-1, List of Principles" 2. DETAILED DESCRIPTION: (a) BOUNDARIES&TOPOGRAPHY See the Survey,Sheet 2 of the Plan Set (b) EXISTING STREETS See the Site Plan, Sheet 3 of the Plan Set (c) ADJACENT BUILDINGS&/OR STRUCTURES See"Exhibit F" (d) ACCESS (INGRESS&EGRESS) See the Site Plan, Sheet 3 of the Plan Set (e) TRAFFIC IMPACT STATEMENT See"Exhibit 1-2 (e)",Traffic Impact Statement (f) TOTAL PAVING WITHIN PARKING AREAS (SQ. FT. &%) 174.529 S.F./29% (g) OFF-STREET PARKING/LOADING AREAS See the Site Plan, Sheet 3 of the Plan Set (h) TABULATION OF PARKING/LOADING AREAS 2 spaces per dwelling = 504 spaces required (i) RECREATION FACILITIES&LOCATION N/A • PAGE 2 SPR (j) SCREENS&BUFFERS See the Landscape Plan, Sheet 10 of the Plan Set (k) REFUSE COLLECTION AREAS See the Site Plan and Landscape Plan, Sheets 3 and 10 of the Plan Set (I) AVAILABILITY OF UTILITIES: POWER X WATER X SEWER X FIRE HYDRANTS See the Water and Sewer Plan, Sheet 5 of the Plan Set (m) PROPOSED UTILITY EASEMENT OR GRANTS See the Survey and Site Plan, Sheets 2 and 3 of the Plan Set (n) PROPOSED RIGHTS-OF-WAY N/A 3. GROSS ACREAGE/ACRES&SQ. FT. 13.69 Ac/596,336 S.F. (a) TOTAL OPEN SPACE(SQ. FT. &%) 249,918 S.F./42% (b) TOTAL LOT COVERAGE(STRUCTURES)(SQ. FT.&%) 114,538 S.F./ 19% (c) TOTAL LOT COVERAGE (IMPERVIOUS SURFACE: ALL PAVING, WALKWAYS, PATIOS, DECKS, ETC.) (SQ. FT.&%) 232,029 S.F./39% LOT COVERAGE(GREEN AREAS) (SQ. FT. &%):249,918 S.F./42% 1. WITHIN ALL PARKING AREAS: 249,918 S.F./42% (e) 2. REMAINDER ALL AREAS 249,918 S.F./42% 3. TOTAL LOT COVERAGE 249,918 S.F./42% (f) UNITS PER ACRES 252 units/13.69 ac= 18..4 units/ac. (g) TOTAL SQ. FT.AREA ALL BUILDINGS,ALL FLOORS 550,486 S.F. J. PROPERY & LANDSCAPE MAINTENANCE PROVISIONS (AGREEMENTS/SURVIVABILITY BONDS) Nationwide Management Services K. PRELIMINARY PLANS AS FOLLOWS: 1. STORM DRAINAGE See the Paving, Grading, and Drainage Plan. Sheet 4 of the Plan Set i- EXH I BIT- d 2. SEWER LAYOUT See the Water and Sewer Plan,Sheet 5 of the Plan Set r- PAGE 3 SPR • 3. WATER DISTRIBUTION&SYSTEM LAYOUT (INCLUDING BACKFLOW PREVENTOR LOCATIONS) See the Water and Sewer Plan, Sheet 5 of the Plan Set 4. UNDERGROUND ELECTRIC LAYOUT (INCLUDING TRANSFORMER LOCATIONS) See the Water and Sewer Plan, Sheet 5 of the Plan Set 5. TELEPHONE CABLE UNDERGROUND LAYOUT(INCLUDING ABOVE GROUND JUNCTION& DISTRIBUTION BOX LOCATIONS) See the Water and Sewer Plan, Sheet 5 of the Plan Set L. ARCHITECTURAL ELEVATIONS(ALL ORIENTATIONS) See the Elevations M. BUILDING APPEARANCE AND LANDSCAPING See the Elevations and Landscape Plan, Sheet 9 of the Plan Set N. SIGNS(PROPOSED NUMBER,TYPE, SIZE AND LOCATIONS) See the Site Plan O. PROPOSED TOPOGRAPHIC CONSIDERATIONS (DREDGING, FILLING, SLOPE, DRAINAGE PATTERNS, NATURAL VEGETATION, ACCESSIBILITY, RETAINING WALLS, BERMS, PRIVACY WALLS AND/OR FENCES) See the Paving, Grading, and Drainage Plan, Sheet 4 of the Plan Set P. FLOODPLAIN MANAGEMENT CONSIDERATIONS: 1. ZONE DESIGNATION Flood Zone- C 2. BASE FLOOD ELEVATION 100 yr., 3 day—17.66 3. PROPOSED FINISH FLOOR ELEVATION 18.00 4. COASTAL HIGH HAZARD DESIGN CONSIDERATIONS Q. DEVELOPMENT STAGES(PHASES) • e Phase Ad 4 It Ilk 1iiTiir D' E 6-7/ A VILLAGE OF TEOUESTA Application_and Checklist for Development Review Co mi e (To be accompanied with a cumnleted alto plan review form) Dale: . March 31 , 1998 _ Project Name: Lighthouse Cove Apartments _ Project Location: _ Village Blvd. r Tequestaf Florida Checklist and Submission Requirements ITEM YES N/A 1 Application with filing fee. 2 Twelve(12) signed and sealedplans by a licensed professional.' x 3 Two (2) sealed copies of boundary and topographic survey with legal description of site and parcel identification number included. X _ 4 Proposed paving, grading, drainage,water and sewer plans. (Must be able to determine stonmwater routing, paving details, traffic/parking X details and sanitary hook-ups) 5 Drainage calculations to include the appropriate discharge analysis, storage analysis and retention/detention requirements as stipulated in SFWMD vol. IV manual, and according to the Village of Tequesta Code of Ordinances. X 6 Certified high water table elevation X • 7 Percolation test results X 8 Proposed traffic impacts,may require a formal study. X 9 Finished floor elevation and elevations to adjacent road ys. X Once the DRC review is complete, the project shall be submitted to the Village Council for. • approval and then to the Village Community Appearance Board for approval. Prior to submitting to the Village Council,plans must be complete with all(if any)changes the DRC has made. The applicant shall be responsible for the cost of any official legal advertisement when required. In addition, prior to permitting the following agencies may need to review plans and permit or approve the project: • Department of Environmental Protection(DEP) • Environmental Resources Management(ERM) • Florida Department of Transportation(FDOT) • Florida Power&Light Company • Loxahatebee River Environmental Control District(ENCON) • • Martin County Metropolitan Planning Organization(MPO) • Martin County Traffic Engineering Division - • Palm Beach County Health Department(HRS) • Palm Beach County Metropolitan Planning Organization(MPO) • Palm Beach County Traffic Engineering Division • Solid Waste Purveyor • South Florida Water Management District(SFWMD) • Southern Boll Telephone Company • Tequesta Water Department • • Other Federal,State,County and/or municipal agencies as may be applicable. • 98 - De3 Village of Tequesta Community Development Department Planning Division 357 Tequesta Drive, Tequesta, FL 33469 Phone: (561) 575-6220 Fax: (561) 575-6239 Development Review Application Name of project: Lighthouse Cove Apartments Description of project, including all proposed uses: 9 building Apartment Complex with Clubhouse, Pool and Laundry Facilities. Total land area(in acres): 13. 69 (or, square feet) 596, 485 sf Total length of project,if applicable,(in miles): (or,feet) Locationofproject: Village Blvd. Is the site currently developed? (_Yes) ( z_No) Is the proposed use different from existing or prior use? (_Yes) ( X No) ( N/A) Existing impervious surface area: 0 (square feet),or 0 (acres); 0 (%) Proposed impervious surface area:3 5 2,8 3(square feet), or 8. 1 0 (acres); 59 (%) Current Zoning: Mixed Use ;Current Future Land Use: Mixed U s e Flood Zone: c • ; FIRM Panel Number: 120228 0001 C Parcel Identification Number: Project Contact Person: Joseph W. Capra, P.E. ;Phone: (561 )398-8.182 Address: 1 870 SE Port St. Lucie Blvd. , Pt. St. Lucie, FL 34952 property Owner: Gary Van Brock ; Phone: (561 ) 743-6760 Address: 150 N. US1 Ste 5, Tequesta, FL 33469 Applicant: D a y c o ; Phone: (3 0 5)3 7 7-8 3 3 3 Address: 848 Brickell Ave, Ste 810, Miami, FL 33131 Engineer: Joseph W. Capra, P.E. ; Phone: (561 )398-8182 • Address: 1870 SE Port St. Lucie Blvd. , Pt. St. Lucie, FL 34952 Surveyor: Dailey& Associates ; Phone: (561 ) 746-8424 PAGE 1 of 3 Development Review Application and Checklist qg DC) � Village of Tequesta Community Development Department Planning Division 357 Tequesta Drive, Tequesta, FL 33469 Phone: (561) 575-6220 Fax: (561) 575-6239 I) &lnpn►cni Re%it `ilt• flan Form Item YES N/A 1 Signed and sealed plans by licensed P.E., State of Florida X 2 South Florida Water Management District(SFWMD),all required permits X (Pending) 3 Department of Environmental Protection(DEP),all required permits x 4 Palm Beach County Health Department(HRS),all required permits X 5 Florida Department of Transportation(FOOT),all required permits x 6 Loxahatchee River Environmental Control District(ENCON),all required permits X 7 Department of Environmental Resources Management(DERM),all required permits X 8 West Palm Beach Urban Area Transportation Study(WPBUATS),all required items/permits X 9 Metropolitan Planning Organization of Palm Beach County(MPO),all required items/permits X 10 Certified high water table elevation X 11 Percolation test results X 12 Traffic'impacts of project X 13 Phasing plan X ( 1 Phase) 14 Cover sheet,including location map,plan index,project name and engineer's name x 15 Proposed paving,grading,drainage,water and sewer plans in sufficient detail to determine stormwater routing,paving details and sanitary hook-ups X 16 Finished floor elevation and elevations of adjacent roadways x 17 Drainage calculations to include the appropriate discharge analysis,storage analysis,and retention/detention requirements as stipulated in SFWMD vol.IV manual,and according to the Village of Tequesta Code of Ordinances X 18 Palm Beach County Traffic Engineering Division X (See 19 Martin County Metropolitan Planing Organization(MPO) X Traffic 20 Martin County Traffic Engineering Division • X Report) 21 Florida Power&Light Company - X 22 Southern Bell Telephone Company X 23 Solid Waste Purveyor X 24 Tequesta Water Department x 25 Other munici county,state and/or federal agencies as may be pplicable X LA,, 331 / • •• •4{ ignature/Ti e I (& Date PAGE 3 of 3 6• •"� . Review Application and Checklist( , I i0 EXHIBIT A LIGHTHOUSE COVE APARTMENTS LEGAL DESCRIPTION A PART OF SECTION 30, TOWNSHIP 40 SOUTH,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30 WITH THE EASTERLY RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY,AS RECORDED IN ROAD PLAT BOOK 5,PAGES 144-148, PALM BEACH COUNTY,FLORIDA PUBLIC RECORDS, PROCEED S 22°41'51" E, ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 246.37 FEET; THENCE N 67°18'09" E A DISTANCE OF 266.00 FEET; THENCE S 22°41'51" E, A DISTANCE OF 350.00 FEET;THENCE N 76°16'00" E, A DISTANCE OF 209.37 FEET; THENCE N 00°10'56" W,A DISTANCE OF 400.00 FEET TO THE INTERSECTION WITH SAID NORTH LINE OF THE SOUTH WEST QUARTER OF SECTION 30; THENCE S 89°49'04" W,ALONG SAID NORTH LINE,A DISTANCE OF 81.68 FEET; THENCE N 00°16'13" E,A DISTANCE OF 695.09 FEET TO THE SOUTH LINE OF VILLAGE BOULEVARD AND BEING THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST,HAVING A RADIUS OF 675.00 FEET AND A CHORD BEARING OF S 74°30'43" W; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31°30'22",A DISTANCE OF 371.17 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 675.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°54'56",A DISTANCE OF 281.75 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST,HAVING A RADIUS OF 675.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°22'20", A DISTANCE OF 181.10 FEET TO THE INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY;THENCE S 22°41'51" E ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 498.58 FEET TO THE POINT OF BEGINNING. CONTAINING 596,496 SQUARE FEET OR 13.69 ACRES MORE OR LESS. / // , COPY • EXHT1�I/ B PURCHASE AND SALE AGREEMENT THIS PURCHASE AND ��Rn•8ere� Cal9 and entered into as of SALE AGREEMENT =�day of ��mtmal ent") is maded between FIRST UNION' NATIONAL BANK, AS % 1997, by te "Seller"), and DAYCO HOLDING CORPORATION EE U/ 20 � (then consideration of the mutual covenants and ("Purchaser") .aIn forth, the parties agree as follows:• Promises •herein set 1• Purchase and Sale. and Purchaser agrees parcel tod Seller agrees to sell to Purchaser n vacant and unimprover purchase pro from Seller that certain County, Florida consisting of 13.96pacres erty lmore eor less, as d in Palm Beach particularly described in Exhibit "A" attached to this Agreement (the "Realty"), together with the following property and rights: (a) All deposits, licenses, approvals, contract rights permits,a B authorizations, rights pertaining to ownership and/or operation general intangible lthe Realty; and (b) All easements, privileges, rights-of-way, riparian and • other water rights, lands underlying any adjacent streets or roads to the extent same are appurtenant to the Realty by law, and appurtenances pertaining to or accruing to the benefit of the Realty. The Realty and all of the other property and rights described in this paragraph 1 are hereinafter collectively called the "Property". 2. Purchase Price. The purchase rice to be Purchaser to Seller for the Propert is paid by Dollars (the "Purr ase Price") . - 3. De sit. To secure the performance by Purchaser of its obligations under this Agreement, Purchaser shall within two (2) business days following receipt'of written notice of execution of this Agreement by .Seller, deliver to the law firm of Greenberg, Traurig, Hoffman, Lipoff, Rosen & (the "Escrow Agent"), .Q uentel, P.A., as escrow a ent the sum which shall money deposit hereunder (the "Init ale Deposit") .ar inProvi earnhat Purchaser does not elect to cancel this Agreement du d n tthe Inspection Period (as hereinafter defined) in accordance with the terms of paragraph 7 below, Purchaser shall, within two (2) business days following the expiration of the Inspection Period, crow Agent the additional sum of illiimmimpi additional Dollars which shall be held as an earnest money deposit hereunder (the "Second Deposit") . The Initial Deposit and the Second Deposit are hereinafter collectively referred to as the "Deposit". Escrow Agent shall use its good efforts to invest the DepositTin an interest-bearing account, certificate of deposit or repurchase agreement maintained with or issued' by a commercial bank or savings and loan association doing business in Dade County, Florida. All interest accrued or earned thereon shall be d or credited to Purchaser except in the event of a default by Purchaser, without any default of Seller, in which event the interest shall be disbursed to Seller, together with the Deposit, as liquidated damages in accordance with paragraph 10 below. 4. Terms of Payman t -A Closing, the transferred to Seller and applied against the Purchase Price, g Price, and • the balance of the Purchase Price shall be paid to Seller by cashier's check or wire transfer of federal funds, subject to prorations and adjustments as hereinafter provided. 5. Title and Survey. (a) Issuance of Title Insurance Commitment. Within thirty (30) days following execution of this Agreement by both parties, Seller, at .Seller's expense, shall deliver to Purchaser's attorneys, . Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., • 1221 Brickell Avenue, Miami, Florida 33131, Attention: Matthew B. Gorson, a commitment (the "Commitment") for an owner's ALTA Form B Marketability title insurance policy in favor of Purchaser in an amount equal to the Purchase Price. The Commitment shall be issued by Attorneys' Title Insurance Fund, Inc. (the "Title Company") and delivery of same to Purchaser shall' be accompanied by legible copies of all instruments to which it refers. Together, the Commitment and the legible copies of instruments shall be referred to as the "Title Evidence". (b) Survey. Within thirty (30) days following execution of this Agreement by both parties, Purchaser may, at Purchaser's cost and expense, obtain an updated survey of the Realty (the "Survey") by a Florida Professional Surveyor and Mapper. (c) Examination and Approval of Title Evidence and Survey by Purchaser. Purchaser shall have until the later of (such period being hereinafter referred to as the "Title Review Period") : (i) expiration of the Inspection Period, or (ii) thirty days following receipt of the Title Evidence and Survey to review same to determine whether The Title Evidence and Survey are acceptable to rchaser's sole and determination In the inser eventthatuPurchaser is not satisfiedabsolute with the Title Evidence and/or Survey for any reason and/or no reason whatsoever, Purchaser shall have the right to either: (i) accept the title to the Realty as set forth in the Title Evidence and Survey, subject to the curative provisions in subparagraph 5(d) below and subject to Seller's agreement to remove by payment, bonding, or otherwise any lien not caused by Purchaser against the Property capable of removal by the payment of money or bonding, or (ii) cancel this Agreement by written notice to Seller given by no later than expiration of the Title Review Period, in which event the Escrow Agent shall .return the Deposit and all interesbwen the Deposit to Purchaser, and thereafter both parties shall be released from all further obligations under this Agreement, except those obligations which are specifically stated to survive termination of this Agreement. In the event that Purchaser has not elected to terminate this Agreement prior to expiration of the Title Review Period, Purchaser shall be deemed to have accepted the Title Evidence and Survey, and, subject to the curative provisions in subparagraph 5(d) below, same shall be deemed to be marketable and otherwise. in compliance with this Agreement. (d) Update of Title Evidence and Seller's Curative Obligations. The Title Evidence shall be endorsed or updated at Seller's cost and expense from time to time (but not more frequently than on a monthly basis) during the executory period of this Agreement (each, a "Title Update") . In addition, the Purchaser may have the Survey updated at Purchaser's cost and expense from time to time during the executory period of this Agreement (each, a "Survey Update") . Purchaser shall have fifteen (15) days following its receipt of a Title Update or Survey Update, as applicable, to review same and to notify Seller in writing if any Title Update or Survey Update reveals any matters first appearing after the effective date of the original Commitment and/or Survey, as applicable, which (i) are not shown • in the Title Evidence or on the Survey, (ii) are not the result of any action taken by Purchaser, and (iii) render title unmarketable, and such matters shall be deemed a "Title Defect" under this Agreement. Seller covenants and agrees that Seller will not act or fail to act in a manner that would cause a Title Defect to arise by,' through or under Seller. Seller shall have thirty (30) days following receipt of notice from Purchaser of such Title Defect to eliminate or cure same ("Seller's Curative Period") .. Seller shall use its best efforts to eliminate or cure such Title Defects prior to expiration of Seller's Curative Period, provided, however, that Seller shall not be obligated to institute legal proceedings to accomplish same. Notwithstanding anything to the contrary in this paragraph 5, at or before Closing, Seller agrees to remove by payment, bonding, otherwise any lien not caused by Purchaser against the Property capable of removal by the payment of money or bonding. In the event Seller fails to timely eliminate or cure any Title Defect after using its best efforts, Purchaser may either: (i) accept the title to the Realty at Closing subject to the Title Defect(s), or (ii) cancel this Agreement by written notice to Seller given by no later than thirty expiration of Seller's Curative Period, in which) eve is thellowing Escrow Agent shall return the Deposit and all interest on the Deposit to Purchaser, and thereafter both parties shall be released from all further obligations under this Agreement, except those obligations which are specifically stated to survive termination of this Agreement, provided however that any Title Defects caused by Seller's willful act, willful omission or failure to use its best efforts to cure as required herein, shall be deemed a default by Seller hereunder. (e) Closing Affidavits. In addition to the documents to be delivered by Seller as provided in paragraph 14 below, shall execute and deliver to Purchaser all affidavits and Sother documents required by the Title Company such that the Commitment (and the title insurance policy when issued to Purchaser) shall not contain the "standard exceptions" to coverage approved in the State of Florida , for: (i) rights or claims of parties in possession',not shown by the public records, (ii) encroachments, overlaps, boundary line disputes, and any other• matters which would be disclosed by an accurate survey of the Property (except as to matters shown on the Survey obtained and accepted by Purchaser) , (iii) easements or claims of easements not shown by the public records, (iv) 'any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. The Commitment (and the title insurance policy when issued to Purchaser) shall contain an exception for taxes only for the year of Closing and subsequent years which are not yet due and payable, unless the Closing occurs in November or December of the year of Closing, in which event the exception for taxes shall be for the calendar year following Closing .and all subsequent years which are not, yet due and payable. At Closing, Seller shall also execute and/or deliver, as applicable, those documents necessary to delete: (i) all requirements listed in Part 1 of Schedule B of the Commitment, as updated from time to time, and (ii) the "gap" exception contained in Item 1 of Part II of Schedule B of the Commitment, as updated from time to time. 6. Deliveries. Within five (5) business days following execution of this Agreement by both parties, Seller, at Seller's expense, shall deliver to Purchaser, copies of any of the following within Purchaser's possession: existing title insurance policies or surveys, soil boring tests, development plans, or environmental audits or assessments of the Property, and all (2) • permits, licenses, authorizations or approvals issued by any governmental body or agency having jurisdiction over the Property. 7. Conditions Precedent. Seller acknowledges and agrees that Purchaser presently intends to construct on the Property the following improvements: a multi-building rental apartment project containing a number of dwelling units consistent with the current, density limits of 18 dwelling units per acre, together with recreational and ancillary amenities, facilities and parking (collectively, "Purchaser's Intended Accordingly, Purchaser's obligation to close the Improvtransaction provided for in this Agreement shall be subject to the following conditions precedent to Closing: (a) Purchaser shall have until sixty (60) days following the date of this Agreement (the "Inspection Period") to examine to make such physical, zoning, land use, marketing, environmental, geotechnical and other examinations, inspections, determinations and investigations of the Property or the use or operation thereof which Purchaser, in Purchaser's sole discretion, may determine to make. In that regard, Seller shall make available to Purchaser all plans, specifications, environmental reports and all other documents relevant to the Property. In the event Purchaser is not satisfied with any of the foregoing, in Purchaser's sole and absolute discretion, Purchaser may cancel this transaction as hereinafter provided and thereafter, Purchaser shall deliver to Seller copies of all reports, investigations, test results, examinations and inspections obtained by Purchaser during the Inspection Period, if any. (b) As of the Closing, there shall be no leases, contracts or other agreements, oral or written, that affect the Property. (c) At all times during the term of this Agreement and as of Closing, all of the representations by Seller cpntained• in this Agreement shall be true and correct. (d) Purchaser shall prepare and deliver to Seller a preliminary site plan (the "Preliminary Site Plan") of Purchaser's Intended Improvements within sixty (60) ' days following the execution of this Agreement by Purchaser and Seller, which Preliminary Site Plan shall be consistent with the current density limits of 18 dwelling units per acre. Purchaser shall thereafter, within seventy (70) days following the execution of this Agreement by Purchaser and Seller, submit the Preliminary Site Plan to the City of Tequesta for consideration. Purchaser shall then have a period of sixty (60) days following the submission of the Preliminary Site Plan to the City of Tequesta (the "Approval Period") to obtain all • final, unappealable land use, zoning, environmental, and other governmental and utility approvals (collective) the "Land Approvals"), whether by ordinance, variance, special use and/or otherwise, necessary to permit the development on the Property of Purchaser's Intended Improvements. Purchaser agrees to proceed diligently to obtain the Land Approvals, at Purchaser's expense, and Seller agrees to reasonably cooperate in that regard, including, without limitation, timely executing applications or other governmental submissions as the owner of the Property, provided, however, that said cooperation shall not require Seller to post any bonds tom% and/or other financial assurances with any governmental authorities or incur any liability, cost or expense with regard to such cooperation. If Purchaser has not obtained the Land Approvals within the sixty (60) day period, Purchaser shall have the right to extend the time period for obtaining the Land Approvals for two (2) additional thirty (30) day periods (i.e., the maximum period for Purchaser to obtain the Land Approvals shall be 120 days following the submission of the Preliminary • Site Plan to the City of Tequesta - the initial 60 day period and the two 30 day extension periods), -in each case, Purchaser shall exercise the right to extend the period by giving Seller notice, at any time prior to the expiration of the then applicable period, to such effect, together with certification from Purchaser that the application for the Land Approvals is proceeding, provided, however, that, in addition to the foregoing, Purchaser must, to obtain the two (2), thirty (30) day extensions, deliver to Seller with each notice of extension, the sum of Ten Thousand and No/100 Dollars ($10,000.00), which extension fee(s) shall be nonrefundable, but shall be credited against the Purchase Price at Closing. (e) During the period between the date of this Agreement and Closing, Seller shall continue to maintain the Property in a prudent manner consistent with its maintenance prior to the date of this- Agreement and shall maintain the physical and environmental condition of the Property in the same condition as exists on the date of this Agreement. Seller shall •make all payments due prior to Closing in connection with the Property, including all utility payments and payments on any other obligations affecting the Property. (f) Seller shall be vested with fee simple title to the Realty, subject only to those matters set forth in the original Commitment and any .additional title matters which are either accepted by Purchaser or not Title Defect(s).. (g) Seller shall comply prior to Closing with all laws, rules, regulations, and ordinances of all governmental authorities having jurisdiction over the Property (except only such laws, rules, regulations, and ordinances which are enacted as a result of any Land Approvals obtained by Purchaser) . In the event that any assessments of governmental improvement liens are levied as provided in paragraph 12 below (except only for any improvement liens imposed as a result of any Land Approvals obtained by Purchaser) , Seller shall, to the extent required in paragraph 12 below, make all payments due thereunder. Seller shall be responsible • for and shall promptly pay all amounts owed for labor, materials supplied, services rendered and/or any other bills or amounts related to Seller and Seller's ownership and/or operation of the Property prior to Closing. In the event any of the foregoing conditions precedent are not fulfilled as of Closing (or earlier date if specified otherwise) , then Purchaser shall have the option of either: (i) waiving the condition and closing "as is", or (ii) canceling this Agreement by written notice to Seller given by Closing (or earlier date if specified otherwise), in which event the Escrow Agent shall return the Deposit and all interest on the Deposit to Purchaser, and thereafter both parties shall be released from all - S - (�' further obligations under this Agreement, except those obligations which are specifically stated to survive termination or Closing of this transaction. 8. Seller's Representations. Seller represents to Purchaser as follows: (a) Seller has not entered, and will not enter, into any contracts, arrangements, licenses, concessions, leases, 'easements, or other agreements, including, without limitation, service arrangements and employment agreements, either recorded or unrecorded, written or oral, which shall affect the Property, or any portion thereof or the use thereof, after Closing. (b) Seller has no notice or knowledge of: (i) any pending improvement liens to be made by any governmental authority with respect to the Property; (ii) any violations of building codes and/or zoning ordinances or other governmental regulations with respect to the Property; (iii) any pending or threatened lawsuits with respect to the Property; or (iv) any pending or threatened condemnation proceedings with respect any portion of the Property. (c) Prior to Closing, no portion of the Property or any interest therein, beneficial or otherwise, shall be alienated, encumbered, conveyed or otherwise transferred. (d) The execution, delivery and performance of this Agreement by Seller has been duly authorized and no consent of any other person or entity to such execution, delivery and performance is required to render this document a valid and binding instrument enforceable against Seller in accordance with its terms. .Neither the execution of this Agreement or the consummation of the transactions contemplated hereby will: (i) result in a breach of, or default under, any agreement, to which Seller is a party or by which the Property is bound, or (ii) violate any restrictions to which Seller is subject. (e) To the best of Seller's knowledge, there has not been and there is not,now: (i) any Hazardous Substance (as hereinafter defined) present on the Realty, (ii) any present or past generation, recycling, reuse, sale, storage, handling, transport and/or disposal of any Hazardous Substance on the Realty, or (iii) any failure to comply with any applicable local, state or federal environmental laws, regulations, ordinances or administrative or judicial orders relating to the generation, recycling, reuse, sale, storage, handling, transport and/or disposal of any Hazardous Substance. Seller represents to Purchaser that Seller has not received any notice from any governmental authority regarding the presence of any Hazardous Substance, any present or past generation, recycling, reuse, sale, storage, handling, transport and/or disposal of any Hazardous Substance or any failure to comply with any applicable local, state or federal environmental laws, regulations, ordinances or administrative or judicial orders relating to the generation, recycling, reuse, .sale, storage, handling, transport and/or disposal of any Hazardous Substance. As used herein, the term "Hazardous Substance" means any substance or material defined or designated as a hazardous or toxic waste - 6 - material or substance, or other similar term by any federal, state or local environmental statute, regulation or ordinance presently or hereinafter in effect, as such statute, regulation or ordinance may be amended from time to time. The provisions of this paragraph shall survive the Closing. 9. FIRPTA. Purchaser shall have the right to demand from Seller, and Seller shall deliver to Purchaser prior to or at closing, an affidavit which states Seller's United States taxpayer identification number and home address, and that Seller is not a "foreign person" within the meaning of the United States tax laws and to which reference is made in Internal Revenue Code Section 1445 (b) (2) . If Seller refuses or is unable to deliver to Purchaser the affidavit described above prior to Purchaser shall have the right to withhold at closing an cling, unthin cash equal to ten percent (10%) of the "Amount Realized", as such term is defined by the Regulations of the Internal Revenue Code, and Purchaser shall forward such sum to the Internal Revenue Service as withholding tax under Internal Revenue Code Section 1445. Seller shall have the right prior to closing to make application to the Internal Revenue Service (the "Service") for a withholding certificate ("Withholding Certificate") authorizing Purchaser to withhold a lesser amount of (or no) tax, and if the Service duly issues such a Withholding Certificate to closing, then the Purchaser shall have the right to withhold prior onlythe amount stipulated in the Withholding Certificate and the Purchaser shall forward such amount to the Internal Revenue Service as withholding tax under Internal Revenue Code Section 1445. If Seller applies for a Withholding Certificate, but the application is still pending as of Closing, Purchaser agrees to place the ten percent (10%) withholding tax in escrow with Escrow Agent to be disbursed in accordance with the final determination of the Service, provided Seller so requests and gives Purchaser notice of the pending application in accordance with Section 1445 of the Internal Revenue Code and the implementing regulations. It is the intent of this paragraph to enable Purchaser fully to comply with Internal Revenue Code Section 1445 and related sections and regulations,. as modified and amended from time to time; in furtherance of this intent, Seller shall comply with'all reasonable requirements of Purchaser which are intended to effect such compliance. 10. Default Provisions. In Purchaser uer thisA em reent Without fault on Seller'slt ry nd part and without failure of title any conditions Purchaser's obligations hereunder, Sellershall p receive tto the Deposit (including any portions thereof which have not been paid) together with all interest earned thereon, and any extension fees which have then been paid, as agreed and liquidated damages for said breach, and as Seller's sole and exclusive remedy for default of Purchaser, whereupon the parties shall be relieved of all further obligations hereunder, except those obligations which are specifically stated to survive termination. In the event of a default by Seller under this Agreement, Purchaser at its option shall have the right to: (i) receive the return of the Deposit (or so much thereof as has then been paid by Purchaser) together with: (a) all interest earned thereon and any extension fees which have then been paid, and (b) all actual out of pocket expenses incurred by Purchaser wi ton up to an amount equal to ct to this ransacti whereupon the parties shall be released from all further obligations under this Agreement, except those obligations which are specifically stated to survive termination, provided, however, that the aforesaid limitation of damages shall n`�l • not apply if Seller willfully defaults by either: (x) conveying all or any portion of the Realty to a third-party, or (y) refusing to cure a Title Defect which Seller caused to be imposed on the Realty, or (ii) seek specific performance of the Seller's obligations hereunder and/or any other equitable remedies. In the event of a default by, either party of any obligations which are specifically stated to survive Closing, then the non- defaulting party shall be entitled to seek any legal redress permitted by law or equity. The provisions of this Paragraph 10 shall survive Closing. 11. Prorations. Real estate and personal property taxes, insurance (if assumed by Purchaser), interest, costs and revenues and all other proratable items shall be prorated as of the date of Closing. In the event the taxes for the year of Closing are unknown, the tax proration will be based upon the taxes for the prior year, and at the request of either party, the taxes for the year of Closing shall be reprorated and adjusted when the tax bill for such year is received and the actual amount of taxes is known. The provisions of this paragraph shall survive the Closing. 12. Improvement Liens. Certified, confirmed or ratified liens for governmental improvements as of the date of this Agreement, if any, shall be paid in full by Seller, and pending liens for governmental improvements as of the date of this Agreement shall be assumed by the Purchaser, provided that where the improvement has been substantially completed as of the date of this Agreement, such pending lien shall be considered certified: In the event any such liens are certified, confirmed or ratified after the date of this Agreement (a "New Lien"), Purchaser shall have the right to terminate this Agreement by delivering written notice thereof to Seller within thirty (30) days following receipt of notice of such lien, whereupon Escrow Agent shall return the Deposit and all interest on the Deposit to Purchaser, and thereafter both parties shall be released from all further obligations under this Agreement, except those obligations which are specifically stated to survive termination of this Agreement. ' Notwithstanding the foregoing,, in the event Purchaser delivers written notice of termination, Seller may deliver written notice to Purchaser within , five following receipt of Purchaser's termination, acknowledging Seller's agreement to pay such New Lien at or prior to Closing, in which event Purchaser's termination notice shall be of no further force or effect. 13. Closing Costs. The parties shall bear the following costs: (a) The Purchaser shall be responsible for payment of the following: (i) the cost of . examining the Title Evidence, (ii) the costs of obtaining the Survey, (iii) any and all costs and expenses of architectural, engineering and other inspection and feasibility studies and reports incident to Purchaser's inspections, (iv) the costs associated with obtaining theLmission Land Approvals, (v) payment of the brokerage pursuant to paragraph 15 below, and (vi) the recording costs of any instruments received by Purchaser. (b) The.. Seller shall be responsible for payment of the following: (i) any costs associated with preparation and delivery of the Title Evidence, any endorsements or updates to the Commitment and the premiums and any - 8 - • other related fees and costs for any owner's title insurance policies, endorsements, updates and/or reports, (ii) the documentary stamps and any surtax or surcharge due on the trustee's deed of conveyance, and (iii) the recording costs of any instruments received by Seller. (c) Each party shall pay its own legal fees except as provided in subparagraph 22(c) below. 14. Closing. The closing (the "Closing") shall be held twenty (20) •days following Purchaser's obtaining the Land Approvals, at the offices of the attorneys • for the Purchaser, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A. at 1221 Brickell Avenue, Miami, Florida 33131. At Closing, Seller shall execute and deliver to Purchaser the following closing documents: (a) a good and sufficient trustee's deed (without warranties of title) subject only to the matters reflected in the original Commitment, (b) an appropriate mechanic's lien affidavit, • (c) an affidavit of exclusive possession, (d) documentation to comply with the requirements of Section 1445 of the Internal Revenue Code as more particularly described in paragraph 9 above, (e) appropriate assignments of all leases, deposits, licenses, easements, rights-of-way, contract rights, guarantees and warranties, intangible rights and other property and rights included in this transaction, if any, (f) affidavits and/or documents as provided in paragraph 5 above (including, without limitation, an appropriate "gap" affidavit) . ; • At Closing, Seller and Purchaser shall each execute counterpart closing statements and such other ,documents as are reasonably necessary to consummate this transaction. 15. Brokers. The parties each represent and warrant to the other that the only real estate broker, salesman or finder involved in this transaction is J.W. Harris & Company ("Broker") . Purchaser shall be solely responsible for the payment of all real estate brokerage commissions which may be owing to Broker pursuant to separate agreement. If a claim for brokerage in connection with the transaction is made by any broker, salesman or finder, other than the Broker, claiming to have dealt through or on behalf of one of the parties hereto ("Indemnitor"), Indemnitor shall indemnify, defend and hold•harmless the other party hereunder ("Indemnitee"), and Indemnitee's officers, directors, agents and representatives, from all liabilities, damages, claims, costs, fees and expenses whatsoever (including reasonable attorney's fees and court costs at trial and all appellate levels) with respect to said claim for brokerage. Indemnitee shall have the right, but not the obligation, to also obtain its own counsel in connection with such actions, provided same is at Indemnitee's sole cost and expense. The provisions of this paragraph shall survive the Closing and any cancellation or termination of this Agreement. n ��/ • 16. _Inspections. Purchaser, and Purchaser's agents and contractors, shall have the right during the term of this Agreement to enter upon the Property at reasonable times for purposes of inspection and making tests and studies thereon.' Seller agrees to make available to Purchaser, for Purchaser's inspection during normal business hours, all tax bills and any and all other documents related to the ownership and/or operation of the Property which are in Seller's possession, if any. Notwithstanding the foregoing, with respect to any documents relating to or regarding the formation and/or existence of Seller; Seller shall only be obligated to deliver to Purchaser such documents as are required by the title insurance company that will be insuring Purchaser's interest in the Property. Throughout the term of this Agreement, Seller, its agents and employees shall at all times cooperate with Purchaser. Purchaser agrees to indemnify, defend and hold harmless Seller from and against all losses, claims, liabilities, damages or expenses, including attorney's fees, arising out of Purchaser's entry upon, or improvement of, the Realty, including but not limited to, any claim(s) of lien filed by Purchaser's contractors under Chapter 713, Florida Statutes. Prior to Purchaser's entry onto the Realty, Purchaser shall secure at Purchaser's expense, general liability insurance in an amount not less than $1,000,000, together with an endorsement thereto naming Seller as an additional insured. • In the event that Purchaser fails to close • on title to the •Realty, Purchaser shall promptly any . damage to the Realty caused by Purchaser's inspections,estore tests and studies thereon. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this paragraph shall survive the Closing and any cancellation or termination of this Agreement. 17. Escrow ent. The Escrow Agent shall not be liable for any actions taken in good faith, but only for its gross or willful negligence. The parties hereby indemnify and hold the Escrow Agent harmless from and against any loss, liability, claim or damage whatsoever (including reasonable attorney's fees and court costs at trial and all appellate levels) the Escrow Agent may incur or be exposed to in its capacity as escrow agent hereunder, provided 'that, as between Purchaser and Seller, the non-prevailing party in any litigation with respect'to the escrow hereunder shall be responsible to reimburse the prevailing party for any suns due to Escrow Agent hereunder acting in its capacity as an escrow agent. If there •be any dispute a to disposition of any proceeds held by the Escrow Agent pursuantthethis Agreement, the Escrow Agent is hereby t a thorizeds to interplead said amount or the entire proceeds with any court of competent ' jurisdiction and thereby be released from all obligations hereunder or continue to hold such proceeds until directed by appropriate court order or jointly directed in writing by the parties hereto. The parties recognize that the Escrow Agent is the law firm representing Purchaser, and hereby agree that suchlaw firm may continue to represent Purchaser in any litigation pursuant to this Agreement. The Escrow Agent shall not be liable for any failure of the depository. 18. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express), by local messenger service, by facsimile transmission or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to Purchaser at: 848 Brickell Avenue Suite 810 Miami, FL 33131 o�7 Attn:Luis Lamar, Vice' President Fax No. (305) 377-1954 With a copy to: Greenberg, Traurig 1221 Brickell Avenue Miami, Florida 33131 Attn: Gary A. Saul • Fax No. (305) 579-0717 If to the Seller at: c/o Gary Van Brock 150 N. U.S. Highway 1, Suite 5 Tequesta, FL 33469 Fax No. (407) 575-4654 With a copy to: Douglas Rawls Girvin, P.A. Suite 702, The Haas Building 1001 North U.S. Highway One Jupiter, Florida 33477 Attn: Douglas Rawls Girvin Fax No. (561) 746-7754 • If to Escrow Agent at: Greenberg, Traurig 1221 Brickell Avenue Miami, Florida 33131 Attn: Matthew B. Gorson Fax No. (305) 579-0717 Notices personally delivered or sent by overnight courier or local messenger shall be deemed given on the date of delivery, notices transmitted by facsimile* shall be deemed given on the date sent provided that the transmitting machine confirms transmission in writing (or otherwise, upon actual receipt by the other party) and notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in the U.S. mails. 19. Risk of Loss. The Property shall be conveyed to Purchaser in the same condition as on the date of this Agreement, ordinary wear and tear excepted, free of all tenancies or occupancies , and , Seller shall not remove anything from the Property between now and Closing. In the event that the Property or any material portion thereof is taken by eminent domain prior to Closing, Purchaser shall have the option of either: (i) canceling this Agreement and receiving a refund of the Deposit and all interest earned thereon, whereupon both parties shall .be relieved of all further obligations under this Agreement, except those obligations which are specifically stated to survive termination, or (ii) Purchaser may proceed with Closing in which case Purchaser shall be entitled to all condemnation awards and settlements. 20. Assignability. At Closing, Purchaser shall be entitled to assign its rights hereunder to an entity owned and/or controlled by Purchaser, or any officer, director or shareholder of Purchaser. In the event of any such assignment, Purchaser shall be released from any and all of its obligations hereunder, provided that the Purchaser's assignee agrees to be fully bound by the terms and conditions of this Agreement as if said assignee were the original signatory hereto. 21. No Trustee/Beneficiary Liabili Agreement being executed by First Union National Bank his in Tits capacity asls a trustee only and not in its personal capacity. It is expressly understood and agreed that nothing contained in this Agreement shall be construed as creating any personal liability on the part of First Union National Bank or the trust beneficiary(ies) of Seller, to perform any covenant, whether expressed or implied, as - il - !� 1�. �/ ' A may be contained herein. In the event of a default by Seller, Purchaser shall look solely to the assets of the trust with respect to any of Purchaser's rights and/or remedies under this Agreement. 22. Miscellaneous. (a) This Agreement shall be construed and governed in accordance with the laws of the State of Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. (b) In the event any term or provision of this Agreement be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or, be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. (c) In the event of any litigation between the parties under this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels. Venue in any such litigation, whether in equity or at law, ex .contractu or ex delicto, shall lie in Palm Beach County, Florida. The provisions of this subparagraph shall survive the Closing coextensively with other surviving provisions of this Agreement. (d) Time shall be of the essence for each and every provision hereof. • (e) In construing this Agreement, the singular shall be held to include the plural, the plural shall include the singular, the use of any gender shall include every other and all genders, and captions and paragraph headings shall be disregarded. (f) All of the exhibits attached to this Agreement are incorporated in, and made a part of, .,this Agreement. (g) If any date upon which, or by which, action required under this Agreement is a Saturday, Sunday or legal holiday recognized by the Federal government, then the date for such action shall be extended to the first day that is after such date and is not a Saturday, Sunday or legal holiday recognized by the Federal government. • 23. Entire regiment. This Agreement constitutes the entire and only agreement between the parties with respect to the subject matter hereof. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. • 4-2P • EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting only one agreement. Witnessed by: SELLER: 4Ed&' KAS TRUSTEE U/T 200 6 40 (As to Seller) ��-� B A.G.. ..:�k • PURC DAYCO • • i i ORPOR ATI ON <4 / - .4At By: � Name: ettleArAllia 40 Title: (A to Purchaser) • • • • • • • • • . . ( )S(3 RECEIPT The undersigned Escrow Agent hereby acknowledges receipt of a check, subject to clearance, in the amount of and No/16D Dollars to be held as the Deposit pursuant to the foregoing Agreement. ESCROW AGENT: GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & Q ^i L - P.A. By: _�me 4 Name: (, M - 19 - / �J • y • L • EXHIBIT `"A" • • • LEGAL DESCR I PT I ON • A PART OF'SECTION 30. TOWNSHIP 40 SOUTH. .RANGE 43 EAST.'.`:P¢LM BEACH COUNTY, FLORIDA WORE PARTICULLARLY DESCRIBED AS FOLLOWS;. 1 QUARTERNOFASAID SECTIONE301WITH THEE EASTERLY.RIEGHT—OFEWAY L•INESOF. OLD DIXIE HIGHWAY. AS RECORDED IN ROAD PL'A - BOOK 6.2 144-148, PALM BEACH COUNTY FLORIDA PUBLIC.RECORDS, 'PR0CEE S 22'41'51' E ALONG'SAID COUNTY, LINE.A:.'.DISTANCE OF 246.37 FEET; THENCE N 67'18'09' E A DISTANCE OF 266:00'FEET; THENCE S 22 41 51 E. A DISTANCE OF 360.00 FEET; THENCEN76!.16'00'E. A DISTANCE OF•209.37 FEET; THENCE N 00'10e-66' H A D I STANCE:OF 400.00 FEET TO THE INTERSECTION WITH SAID NORTH LINE 0F•;THE' SOUITH WEST:QUARTER OF SECTION 30• THENCE S 69.'49'04' W ALONG SAID NORTH LINE;' A D I STANCE::OF,8i.68 FEET; THENCE N 00'16'13' E A DISTANCE OF 695.09 FEET.TO THE SOUTH•.L'INE.OF VILLAGE BOULEVARD AND BEING THE POINT OF CURVATURE OF_'ACURVE CONCAVE EOF 9T74'30'53' H; THENCEIWESTERLY6ALONGES ID�CURVE, THROUGH A CENTRAL ANGLE OF 31'30'40'E . A DISTANCE OF 371.23'FEET NORTHWESTINHAV HF AVING RADIUS.OFT676 00 FEET'RVTHENCEAWESTERLY ALONG SAID CURVE THROUGH A CENTRAL/ANGLE OF 23'E4'66' A•DISTANCE-OF CONCAVEFTOTTHE THE THEAST HAVINGRA RCURVATURE 675.00CFEET. THENCE WESTERLY CELOF-18111OCF eRVE TOHTHEG NTERSECTIONAWITH.SAID EASTERLY' '._SA10 FASTER YLRIGHT GF WAYIAIDISTANCEYOFi498.88SFEETiTO1THE .• • -.0A7PO NTJ.0F:;BEOiNNINB�' x•• ,. •t,. . , �'�LONG CONTA'ININO.�"69..411 a'S��ARE4'.— OR ACRES WORE OR LESS. 13.1a9 . • BROKERAGE AGREEMENT • DAYCO HOLDING CORPORATION, hereinafter called "Purchaser", and J.W. HARRIS 6 COMPANY, hereinafter called "Broker", in consideration of Purchaser's executing that certain Purchase and Sale Agreement with FIRST UNION NATIONAL BANK, AS TRUSTEE U/T 200 & 400, as Seller, of even date .herewith (the "Contract"), hereby agree as follows: • 1. Conditioned upon closing of the sale pursuant to said Contract, Purchaser shall pay to Broker an amount eq ual to Mir as real . estate broker's commission in full for effecting said sale. The commission shall be payable only if, as and when the transaction actually closes and title to the Property (as defined in the Contract) is delivered to Purchaser. 2. By executing this Agreement, Broker represents and warrants to Purchaser that it is the only broker or salesman entitled to any commission as the procuring cause of the transaction, and Broker agrees to hold Purchaser harmless from any brokerage claim by any other broker or sa'les�man,/ Purchaser represents and warrants to Broker that it has not dealt with or consulted any other broker with regard to the Contract or the Seller thereunder. 3. Purchaser shall not be liable to Broker for any real estate broker's commission in the event that the purchase is not consummated for any. reason whatsoever, whether the reason is the fault of the� Purchaser, the'Purchaser or otherwise. . 4. Broker represents and warrants to Purchaser that it is a duly registered real estate ,broker under the laws of the State of Florida. EXECUTED this 2(0* day of November, 1997, in several counterparts, any one of which shall be deemed an original but all constituting only one instrument. PURC ER: BROKER: DAY H LDING CORPORATION J.W. HARRIS & COMPANY By: By: Name: LAl Name: Title: V\CAA , Title: (5i:) I RELEASE • In reference to the "Purchase and Sale Agreement" between Fi,rst Union National Bank As Trustee U/T 200 & 400 and Dayco Holding Corporation and/or its assigns, the undersigned broker, J. W. • Harris & Company, hereby releases the Seller from any and all brokerage commissions and fees due and payable in connection with the execution of the foregoing Purchase and Sale Agreement and/or the closing of the transaction contemplated thereby. By: 40(1 (i 2z rL9 Name: James W. Harris Its: President Date: /c�/n/97 • • • • . : • • i • • • • . S • u 11:/'i:IT)! 1 L:Jb aV7-JiJ"IC Ja VAN SkOC K r'::I..l Nz • BROKERAGE AGREEMENT • DAYCO HOLDING CORPORATION, hereinafter called "Purchaser .end J.W. RABBIS S COMPANY, hereinafter called "Broker", in consideration' of Purchaser's executing that certain Purchase and '_•.i 'a Agreement with FIRST UNION NATIONAL BANK, AS TRUSTEE U,T 200 & 400. . as Seller, of even date herewith (the "Contract") , hereby agree as follows: / 1. Conditioned upon closing of the sale pursuant to said 0.w.ract, Purchaser shall pay to Broker an amount equal to r :l:itc broker'sas 1'ea l commission in full for effecting said sale. The commission shall be payable only if, as and when the transaction actually closes and title to the Property (as defined in the Contract) is delivered to Purchaser. 22• By executing this Agreement, Broker represents and warrants to Purchaser that it is the only broker or salesman entitled to any commission as the procuring cause of the Vfi transaction, and Broker agrees to hold Purchaser harmless from r,v " brokerage claim by any other broker or1, oatesm ^ gi.D !_ ee,E4• er rel:resents and warrants to Broker that it has not dealt PU with consulted any other broker with regard to the Contract or the Seller thereunder. 3. Purchaser shall not be liable to Broker for any real estate broker's corrUnission in the event that the purchase is not consummated for any reason whatsoever, whether t4e reason is the fault of,the Purchaser, the Purchaser or otherwise. 4'. Broker represents and Warrants to Purchaser that it is a duly registered real estate broker under the Paws of the State of Florida. nn'' EXECUTED this o�Lp11' day of November, 1997, ral counterparts, any one of which shall be deemed an original but allc..nscituting only one instrument. PURC 41 R: BROKER: • DAYC„ • DING CORPORATION J.W. HARRIS 6 COMPANY I By: I • I q J I ram' . Name:lide !� By: ,k, M 6 _ l— Nam E r, 0My S Title: (�AL _ Q8. Tit ES/D CIPTEC 1870 S.E.Port St.Lucie Boulevard,Port St.Lucie,Florida 34952 • (561)398-8182 • Fax:(561)398-8180 Engineering, Inc. EXHIBIT C March 31, 1998 113 Mr. Scott Ladd Building Official Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469 RE: Lighthouse Cove Apartments Statement of Intended Use Dear Mr. Ladd: Concerning the referenced project, Dayco intends to develop Lighthouse Cove Apartments as an apartment complex with a clubhouse, pool, and laundry facilities. Sincerely, J se . Capra, P. . P-oj c ngineer JWC/dcl G:1131VOT1Site—Exhibit C Copy: Luis Lamar - Dayco Civil Engineering Professionals () CAPTEC 1870 S.E.Port St.Lucie Boulevard,Port St.Lucie,Florida 34952 . 561 398-8182 • Fax:(561)398-8180 Engineering, Inc. March 31, 1998 113 Mr. Scott Ladd Building Official Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469 RE: Lighthouse Cove Apartments . Statement of Intended Use Dear Mr. Ladd: Concerning the referenced project, the property will be regularly maintained by Nationwide Management Services. Sincerely, 3-31-qg J-� :�'• . Capr P.E. IP\ - ngineer JWC/dcl G:11131VO11Site—Exhibit J Copy: Luis Lamar - Dayco Civil Engineering Professionals (4 ) _ _, , _ CIPTEC 1870 S.E.Port St.Lucie Boulevard,Port St.Lucie,Florida 34952 • (561)398-8182 • Fax:(561)398-8180 Engineering, Inc. EXHIBIT D March 31, 1998 113 Mr. Scott Ladd Building Official Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469 RE: Lighthouse Cove Apartments Statement of Compliance Dear Mr. Ladd: Concerning the referenced project, I hereby certify that to the best of my knowledge the Lighthouse Cove Apartments will comply with the Village of Tequesta Comprehensive Plan and Concurrency Requirements. Attached to this letter are the Concurrency Application and Utility letters. The only outstanding letter is from the Village of Tequesta Fire Prevention Chief, James Weinand. This letter will be provided to your office upon receipt. cerely, 9q J• '• Capra, P.E. • • - Engineer JW /dcl G:\1131VOT1Site—Exhibit D Copy: Luis Lamar - Dayco Civil Engineering Professionals (5J Loxahatchee River District 2500 Jupiter Park Drive,Jupiter,Florida 33458-8964 Bey Telephone(561)747-5700 Fax(561)747-9929 1. " - 7� 07 t97� Y Richard C.Dent,Executive Director RECEIVED Award Winning Regional Wastewater Facility February 02, 1998 FE B 0 4 1998 Best in Nation,E.P.A. Best in State,D.E.P. CAPTEC Mr. Joseph W. Capra, P.E. ENGINEERING, INC. CAPTEC Engineering Inc. 1870 SE Port St. Lucie Blvd. Port St. Lucie, Florida 334952 RE: DAYCO Apartments, Tequesta Palm Beach County, Florida Dear Mr. Capra: This letter is provided in response to your recent request concerning sanitary sewer service availability for the subject project. Please be advised that, as of this date, sanitary sewer service can be made available to the subject property upon the joint execution of a Developers Agreement and the payment of certain costs in accordance with the District Rules. Copies of the Developer Agreement and Chapter 31-10, F.A.C.,are available for your review. Consistent with District policy, the Developer will be responsible for all costs associated with connecting to the existing wastewater system of the District. Should you require additional information on this matter, do not hesitate to contact me. Sincerely yours, Clinton R. -r s Deputy.0i -ctor Loring E."Snag"Holmes Matt H.Rostock Joseph O.Ellis Richard C.Sheehan Sawyer Thompson,Jr. Board Member Board Member Chairman Board Member Board Member 1 VILLAGE OF TEQUESTA FILE WATER DEPARTMENT o Post Office Box 3474 • 250 Tequesta Drive, Suite 300 41-1!fr Tequesta, Florida 33469-0474 • (561) 575-6234 cc Fax: (561) 575-6203 RECEIVED February 13, 1998 FEB 16 1998 ENGINEC EER NG, INC. . Mr. Joseph W. Capra, P.E. CAPTEC 1870 S.E. Port St . Lucie Blvd. Port St. Lucie, FL 34952 RE: DAYCO Apartment Project - Tequesta Dear Mr. Capra: Pursuant to your recent request, this is to advise that the Village of Tequesta Water ' System has sufficient capacity at this . time, available to serve the above referenced 252 Unit Apartment project. • Service would be provided in accordance with Tequesta Water Department.. Service .Policies :and upon execution' of- an appropriate Water Service Agreement. Please be advised this is a letter of service availability only and not a commitment for service. A firm commitment will be established upon the execution of our Standard Water Service Agreement along with payment of the appropriate connection charges. • Should you require any additional information on this matter, please. give me a call. Sincerel , wist, • Thomas C. Hall Water System Manager . TCH/mkc c: Scott D. Ladd, Director of Community Development Hall sCorre•pondence.Capra • f 7" / January 30, 1998 113 Mr. Joseph W. Capra, P.E. CAPTEC Engineering, Inc. 1870 SE Port St. Lucie Blvd. Port St. Lucie, Florida 34952 RE: DAYCO Apartment Project—Tequesta Capacity Availability Letter Dear Mr. Capra: In accordance with your request, I would like to advise you that Florida Power & Light does have electric service available or accessible for the referenced project. Should you have any questions or require further information, please contact me. Sincerely,, Flo 'da Po ight (Signature) .rs2 4 t':o'-= (Printed Name) RtSite 6v,A0k fa (Printed Title) FP ? - (Printed Company Name) /00 5• Pe 14arew.4 B/vol (Address) ,v-,f /- ,c-- 33 S4-5 - (City, State, Zip Code) (Telephone/ Fax Number) FILE ® BELLSOUTH BellSouth Telecommunications,Inc. Room 501 326 Fern Street West Palm Beach,Florida 33401 February 4, 1998 FEB 10 1998 Wire Center: JUPITER Route: 1 CAPTEC File#240.0900 Mr. Joseph W. Capra CAPTEC Engineering,Inc. 1870 SE Port St.Lucie Blvd Port St. Lucie,Florida 34952 Re: Dayco Apartment Project-Tequesta Dear Mr. Capra: In response to your request,this will confirm that BellSouth Telecommunications will be the source of supply for telephone service with adequate capacity to the above referenced project, provided we are granted a means for our facilities to get to each individual unit(by recorded , easement or conduit). It should be noted that BellSouth Telecommunications may require exclusive easements for structures that house electronic switching equipment(SLC-96 or substantially similar equipment). The recorded easements will be without restrictive conditions furnished in a reasonable time to meet service requirements at no cost, cleared of trees,tree stumps,paving and other obstructions. In addition each applicant shall cooperate with BellSouth Telecommunications to keep the cost of construction and installation of the underground telephone distribution system as low as possible. Where there are obstructions in the easement or road crossings,the contractor will provide conduit suitable to BellSouth Telecommunications. However,the company shall have no responsibility to provide service unless these conditions are met. If you have any questions please call me at(561) 745-5542. Yours .. Ricar 6 O 'amos Outside Plant Engineering (ITZ in/uu'ea FM ii:u+f FAA 14(17K<1,91999 NICHOLS SAN 002 • January 30, 1998 RECEIVED 113 F E B 0 5 1998 Mr. Joseph W. Capra, P.E. CAPTEC CAPTEC Engineering, Inc. ENGINEERING, INC. 1870 SE Port St. Lucie Blvd. Port St. Lucie, Florida 34952 RE: DAYCO Apartment Project—Tequesta Capacity Availability Letter Dear Mr. Capra: In accordance with your request, I would like to. advise you that Nichols Sanitation will be able to service this p pandast.311.4ealiewekhe-thinipeleP iwappreved; Should you have any questions or require further information, please contact me. Sifii ion 11.0%.� gn: I ) P (Printed Name) - (Printed Title) • 4 (Printed Company Name) 770 0%s. (Address) ttoSiswu o • L.., CT6TS ate, Zip Code) 5cs/ — $� ' ..d 3a-7 (Telephone/Fax Number) try 02 10435 Ironwood Road / / 3, . Palm Beach Gardens,FL 33410 (Jti 1. Coors/ Adeiphia Fax (561)627-1266 I R" REC.. "'i _... _ ., FEB a 5 1998 CAPTEC Janu. •E , ERINC, INC. Mr. Joseph W. Capra, P.E. CAPTEC Engineering, Inc. 1870 SE Port St. Lucie Blvd. Port St. Lucie, FL 34952 Re: Service Availability for DAYCO Apartment-Tequesta Dear Mr. Captec: This letter is to confirm Adelphia's availability of service to the above-mentioned property. Upon availability,please send a set of proposed or approved plats that would indicate where utility easements are located for our design staff. Thank you and we look forward to serving your property. Sincere] .__.. ", _ el' Construction Supervisor LV:letterLL.019 VILLAGE OF TEQUESTA - ADEQUATE PUBLIC FACILITIES/CONCURRENCY MANAGEMENT APPLICATION FORM THIS APPLICATION IS SUBMITTED FOR: 1. ADEQUATE PUBLIC FACILITIES DETERMINATION 2. CERTIFICATE OF CONCURRENCY DETERMINATION XX . NAME OF APPLICANT Dayco NAME OF AGENT (IF APPLICABLE) Joseph W. Capra, P.E. / CAPTEC Engieering, Inc. IDENTIFICATION (PROJECT NAME OR CASE NO. ) Lighthouse Cove Apartments AN ADEQUATE PUBLIC FACILITIES DETERMINATION SHALL BE VALID ONLY FOR THE LIFE OF THE INDIVIDUAL DEVELOPMENT ORDER FOR WHICH IT IS APPROVED, AND SHALL IN NO WAY BE CONSIDERED A CERTIFICATE OF CONCURRENCY RESERVATION. NO BUILDING PERMIT SHALL BE ISSUED TO A DEVELOPMENT FOR WHICH AN ADEQUATE PUBLIC FACILITIES DETERMINATION HAS BEEN ISSUED WITHOUT RECEIPT OF A CERTIFICATE OF CONCURRENCY RESERVATION. SIGNATURE OF OWNER DATE I ATU E F c ENT (IF APPLICABLE) DATE '3 ) 3 ) )90 • VILLAGE USE ONLY Adequate data/information ,has has not been submitted by the Applicant to allow staff review. The following information must be submitted prior to initiating staff review: STAFF REVIEWER DATE y^\ Dayco Apartment Project (113) Tequesta, Florida February 10, 1998 Village of Tequesta Water Department Calculations *1 Bedroom/1 Bathroom: 64 Units x 250 GPD/Unit 16,000 GPD *2 Bedrooms/2 Bathrooms: 132 Units x 250 GPD/Unit 23,000 GPD *3 Bedrooms/2 Bathrooms 56 Units x 350 GPD/Unit 19,600 GPD 68,600 GPD 68,600 GPD 350 GPD/ERC = 196 ERCs • *Based on conversations on January 30, 1998 with Tom Hall, Director of the Tequesta Water Department. Sanitary Sewer— ENCON 1 Bedroom/1 Bathroom: 64 Units x 1 2 Bedrooms/2 Bathrooms: 132 Units x 1.25 3 Bedrooms/2 Bathrooms 56 Units x 1.25 299 ERC /dcl 113NOT\Water calcs—site plan sub ) 3t19 'ej Mar I 1Auf(Ite uIw .10 17"...6. Ces .I... t . Russell + Cirdoas Pt r r�--� a• 00. WOODLAND DR County oa' ' . iil '11 POPLAR RD Line •OINaE BAY I t Plaza Ir. • W \ P 7 101 a . 0 . t .,,, „ ...- __4,,,.4 •at .7. 3\ .. 4•f irt< °eAr TREE LA, RD• _T 1). 9so mu/ Iitow 1Rfl . wood IAZAL — I-- ®r Ve> .....d CIR /y • Lighthouse r c Ave Cir Camellia o .' `Plaza n a t -ol`olic• 4 : Mall Tequ ata ��� c7 Sta .r, ICir a,�► yj , -fi shopper \\ Cove Giller ; t�� ge OU STA . • SC . C' r : - a• Pl .: :C P vra a /a !k ' % riJt$L : c ��1►y/`IFI Ip.: :evert Rd ; alit t • _ W ...:i:*,•\• od Rd ¢� Berev y RdgrKu $I . EY.. ` M469ti ill 1E +r' a. •' e' a }1 , • eC » > E1ir eEr I Ind • 0 p r Cr S.. •�rki: I t • - a� Cr- '+ it J Y E I Park ► . . . ...- 101�� t tt Poi*ce ,y W . .R ,. , Jupiter ��� 3. ,• s ��yRiversld /VF• LIghth. • 1 F. • 'o pu • to Drive Part 0 Or 4 Park f re V,, 1 " Jupiter n in to'I • r c v P so v • i g.• ' Ughthou. I Pi 13 Q`r• AL p Nam Iip10NER `ti:., Dr o G . Riot ��O f.� �My��41YIMDIrARD LA P" I/ S Y{DR�1w00o • ik C. 1 / JETTYS i �•-` ' ' ",- ' • -' a • Dubois Jupiter . Jupiter Inlet �� —_> 1,1 e - ..'E " 'D •.(op ...., . a E tripi I. I . Park, - each . a�$Z� urn I v-.,+a-,C. �>. t r Park _ ►' 1 �§1§747 Bit •• /�O I Ra y ' A . . e N . " ,�Q • vaui �1ChL i •• N! T;1Juiter ■St >i<. g,twOodVCmmerce Reytt!did • a I JupiteW - OATURA each- .,, - hPark L�'r '� v Q Bantus ee S ,d Venut, St OLD JUPITER DR s G --�`• �� ` 1' 3 Old Jupiter ash 0 , , \ Y O St=.. v--.-.- p r \ t Jupiter I The Shops at 1r - Jupiter upl ; ib ...+ St_- •.,Co Uour a iFisherman's Wha c' C..' Mail \no Jmiiatr v u�rse `a,. . 1--- NIMAN Qwr� k ---,-1 P S - 'ZL . upiter 7pa , 1, , w _ 1 / N s(1` ,Park $qu+l . --- Carlin Put LOIrcvIE ST Q ST- . r SHOALSokcsvEw .. ti o \ I mp\ILt1� CT ce• -„ ,,,� <1 A Saly ST CLUE m I Palm way T - roe` r HOUSE BELLA V _- •ICKIN •N t Heach tk • • LOCATION MAP EXHIBIT F N.TB. R &DUI8TIS- CJS & OORE DAME M G R O LI P A DAMES&MOORE GROUP COMPANY Phase I Environmental Site Assessment 12.05 Acre Vacant Parcel Old Dixie Highway and Village Boulevard Tequesta,Florida Prepared for Dayco Holding Company Prepared by Dames & Moore 6400 Congress Avenue, Suite 2500,Boca Raton,Florida 33487 Dames & Moore Job No. 38207-002-141 January 30, 1998 EXECUTIVE SUMMARY Dames & Moore was retained by Dayco Holding Company (Client) to conduct a Phase I Environmental Site Assessment of a 12.05 acre vacant parcel located at Old Dixie Highway in Tequesta, Palm Beach County, Florida (subject property). This Phase I Environmental Site Assessment was conducted in general conformance with the methods and procedures described in the American Society for Testing and Materials (ASTM) Standard E 1527, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process." The Phase I Environmental Site Assessment was conducted in accordance with the proposal by and between Dames&Moore and Dayco Holding Company dated September 12, 1997. The subject property is located on Old Dixie Highway,approximately 3 -mile south of County Line Road, in Tequesta, Florida. The subject property is a yacant, vegetated parcel containing approximately 12.05 acres of land. The subject property is bound to the north by Village Boulevard, followed by an undeveloped parcel and a retirement home,to the east by Saint Jude's Church and undeveloped land,to the south by an adjoining vacant parcel,to the west by Old Dixie Highway,and to the southwest by the Village of Tequesta Post Office. The United States Geological Survey (USGS) 7.5' "Jupiter, Florida" Topographic Quadrangle (1948,photorevised 1983)indicates that the elevation of the subject property is approximately 18 feet above mean sea level. Based on observations made during the site reconnaissance and on a review of the topographic map,the subject property appears to be relatively flat,except for a slight depression near the southeastern portion of the property. Stormwater runoff presumably infiltrates into the permeable surfaces of the subject property. Based on observations made during the site reconnaissance,stormwater runoff from the adjacent properties does not appear likely to flow onto the subject property. General groundwater flow direction in the vicinity of the subject property is presumed to be toward the east-southeast. The depth to groundwater at the subject site is approximately 13 feet below Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel i January 1998 l r-1 I ground surface. Based on a review of the Palm Beach County Wellfield Protection Zones of Influence Map, the subject property is not located within a Wellfield Protection Zone. Mr. David C. Armistead of Dames &Moore inspected the subject property on Thursday, January 22, 1998. Dames&Moore's site inspection included a wallcing inspection of the interior and exterior of the site, and a drive-by survey of accessible properties within 1/4-mile of the subject property. At the time of Dames & Moore's site inspection, hazardous substances,evidence of underground storage tanks (USTs) or aboveground storage tanks (ASTs), staining of the soil, distressed vegetation, pools of waste liquids, runoff patterns, unusual odors, mounds, and berms were not observed on the subject property during Dames &Moore's site inspection Based on the review of available information, Recognized_Environmental Conditions were not found to be associated with the subject property. Based on Dames&Moore's review of available information,offsite sources were not identified that appear likely to create a Recognized Environmental Condition on the subject property. Based on the results of the Phase I Environmental Site Assessment, additional investigation of the subject property does not appear warranted at this time. Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel ii January 1998 TABLE OF CONTENTS EXECUTIVE SUMMARY i 1.0 INTRODUCTION 1 1.1 OBJECTIVE 1 1.2 SCOPE OF WORK 2 1.3 LIMITING CONDITIONS -. 2 1.4 LIMITATIONS OF THE ASSESSMENT 2 2.0 SITE DESCRIPTION • 4 2.1 PHYSICAL LOCATION AND DESCRIPTION OF PROPERTY 4 2.2 ENVIRONMENTAL SETTING 4 3.0 HISTORIC SITE AND SURROUNDING PROPERTY CONDITIONS 7 3.1 CURRENT AND PRIOR OWNERSHIP 7 3.2 INTERVIEWS 7 3.3 AERIAL PHOTOGRAPHS 7 3.4 OTHER DOCUMENTS 8 4.0 SITE INSPECTION 9 • 4.1 CURRENT USES OF THE PROPERTY 9 ' 4.2 SITE OBSERVATIONS 9 4.2.1 Hazardous Substances and Wastes 9 • 4.2.2 Underground/Aboveground Storage Tanks 10 4.2.3 PCB-Containing Equipment 10 4.2.4 Solid Waste 10 4.2.5 Drains and Sumps 10 4.2.6 Wastewater 10 4.2.7 Wells 10 4.2.8 Pits, Ponds, and Lagoons 11 4.2.9 Other Physical Evidence of Contamination 11 4.3 CURRENT USES OF ADJOINING PROPERTIES 11 4.4 SURROUNDING PROPERTIES OF POTENTIAL ENVIRONMENTAL CONCERN 11 5.0 REGULATORY AGENCY REVIEW 12 5.1 ENVIRONMENTAL DATABASES REVIEW 12 5.1.1 Federal NPL List 13 5.1.2 Federal CERCLIS List 13 5.1.3 Federal RCRA List 14 Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel iii January 1998 5/ TABLE OF CONTENTS (Cont'd) Page 5.1.4 Federal ERNS List 14 • 5.1.5 Florida Hazardous Waste Sites 14 5.1.6 Florida Solid Waste Disposal Facilities/Landfill Sites 14 • 5.1.7 Florida Leaking Underground Storage Tank Sites 15 5.1.8 Florida Registered Underground Storage Tank Sites 15 5.1.9 Other Information 16 5.2 REGULATORY AGENCY CONTACT _ 16 6.0 CONCLUSIONS 17 6.1 ONSITE RECOGNIZED ENVIRONMENTAL CONDITIONS 17 6.2 OFFSITE RECOGNIZED ENVIRONMENTAL CONDITIONS 17 6.3 OTHER ENVIRONMENTAL CONCERNS 17 7.0 RECOMMENDATIONS 18 8.0 REFERENCES 19 LIST OF FIGURES Figure 1 -General Site Vicinity Map Figure 2 -Site Plan • APPENDICES Appendix A- Scope of Work Appendix B - Signatures and Curricula Vitae of Dames&Moore Personnel Appendix C- Site Photographs • Appendix D-Environmental Database Search Report • Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel iv January 1998 i 1.0 INTRODUCTION Dames & Moore was retained by Dayco Holding Company (Client) to conduct a Phase I Environmental Site Assessment of a 12.05 acre vacant parcel located at Old Dixie Highway in Tequesta, Palm Beach County, Florida (subject property). This Phase I Environmental Site Assessment was conducted in general conformance with the methods and procedures described in the American Society for Testing and Materials (ASTM) Standard E 1527, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process." The Phase I Environmental Site Assessment was conducted in accordance with the proposal by and between Dames & Moore and Dayco Holding Company, dated September 27, 1997. The Phase I Environmental Site Assessment objectives, scope, and limitations are presented in the following sections. 1.1 OBJECTIVE The objective of Dames&Moore's Phase I Environmental Site Assessment was to evaluate whether current or historical activities on or adjacent to the subject property may have resulted in significant contamination by hazardous materials or wastes,which is subsequently referred to in this report as a"Recognized Environmental Condition." A Recognized Environmental Condition is defined as: "The presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a ! material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater or surface water of the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimis conditions that generally do not present a material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies." Phase 1 Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 1 January 1998 �� 1.2 SCOPE OF WORK, Dames& Moore's Scope of Work for the Phase I Environmental Site Assessment consisted of an • inspection of the subject property and nearby area, a review of historical information on activities on the subject property, review of readily available regulatory information concerning the subject property and nearby properties of environmental concern, and preparation of a report detailing Dames&Moore's results,conclusions,and recommendations. Search radius distances for facilities of potential environmental concern in the vicinity of the subject property are in conformance with ASTM Standard E 1527. Limited asbestos, lead-based paint and radon surveys were not included in the Scope of Work. Dames &Moore's Scope of Work did not include any other sampling or analysis. 1.3 . LIMITING CONDITIONS _ No apparent conditions which would limit Dames&Moore's ability to complete the Scope of Work were encountered during the performance of the Phase I Environmental Site Assessment. 1.4 LIMITATIONS OF THE ASSESSMENT _ The Phase I Environmental Site Assessment was prepared in accordance with the Scope of Work described in Section 1.2 and presented as Appendix A. The work conducted by Dames &Moore is limited to the services agreed to with Dayco Holding Company, and no other services beyond those explicitly stated should be inferred or are implied. The conclusions presented in this report are professional opinions based solely upon Dames & Moore's visual observations of the site and the immediate site vicinity, and upon Dames&Moore's interpretations of the readily available historical information, conversations with personnel knowledgeable about the site, and other readily available information, as referenced in the report. These conclusions are intended exclusively for the purpose stated herein, at the site indicated, and for the project indicated. Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 2 January 1998 This report is intended for the sole use of Dayco Holding Company. The Scope of Work performed during this investigation may not be appropriate for other users, and any use or re-use of this document, or the findings, conclusions, or recommendations presented herein is at the sole risk of said user. This study was not intended to be a definitive investigation of possible contamination at the subject property. The purpose and scope of this investigation was to evaluate if there is reason to suspect the possibility of contaminationat the site. No soil or groundwater sampling,or laboratory analyses were performed at the subject property; therefore the conclusions set forth herein are made without the benefit of such investigation. This report is intended to be used in its entirety. No excerpts may be taken to be representative of the findings of this assessment. ._Opinions and recommendations presented in this report apply to site conditions and features as they existed at the time of Dames &Moore's site visit, and those reasonably foreseeable. They cannot necessarily apply to conditions and features of which Dames&Moore is unaware and has not had the opportunity to evaluate. • Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 3 January 1998 2.0 SITE DESCRIPTION Information concerning the subject property was obtained from a site inspection conducted by Mr. David C. Armistead of Dames & Moore on Thursday, January 22, 1998, interviews with representatives of the subject property owner,and review of the documents referenced in Section 8.0 of this report. 2.1 PHYSICAL LOCATION AND DESCRIPTION OF PROPERTY-. The subject property is located on Old Dixie Highway,approximately 3/8-mile south of County Line Road, in Tequesta, Florida. The subject property is a vacant, vegetated parcel containing approximately 12.05 acres of land. The subject property is bound to the north by Village Boulevard, to the east by Saint Jude's Church and undeveloped land,to the south by an adjoining undeveloped parcel, and to the west by Old Dixie Highway. The subject property is not currently serviced by water, sanitary sewer, electric, solid waste or natural gas. A General Site Vicinity Map is presented as Figure 1,and a Site Plan is presented as Figure 2. 2.2 ENVIRONMENTAL SETTING Environmental characteristics including topography, geology, and hydrogeology were evaluated based on site observations,published literature, and maps. The United States Geological Survey (USGS) 7.5' "Jupiter, Florida" Topographic Quadrangle (1948,photorevised 1983) indicates that the elevation of the subject property is approximately 18 feet above mean sea level. Based on observations made during the site reconnaissance and on a review of the topographic map, the subject property appears to be relatively flat, except for a slight depression near the southeastern portion of the property. Phase 1 Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 4 January 1998 Stormwater runoff presumably infiltrates into the permeable surfaces of the subject property. Based on observations made during the site reconnaissance,stormwater runoff from the adjacent properties does not appear likely to flow onto the subject property. According to an environmental database search report by E Data Resources,Inc.(EDR),the subject property does not lie within a 100 or 500- i year flood zone. Regional groundwater flow direction in Palm Beach County is generally a subdued reflection of the topography and is influenced by variations in soil permeability and nearby water bodies such as ponds, drainage ditches, canals,rivers, etc. General groundwater flow direction in the vicinity of the subject property is presumed to be toward the east-southeast. The depth to groundwater at the subject site is approximately 13 feet. Based on the Palm Beach County Wellfield Protection Zones of Influence Map, the subject property does not lie within a Wellfield Protection Zone. The subject property falls into the Atlantic Coastal Ridge physiographic region. The Atlantic Coastal Ridge parallels the coast and is 3 to 6 miles in width. Based on a review of the United States Department of Agriculture (USDA) Soil Conservation Service, Soil Survey of Palm Beach County Area, Florida, the surficial soils at the subject property consists of St. Lucie Sand. These soils are described as nearly level to sloping, excessively drained, deep, sandy soil present on long, narrow, dune-like coastal ridges and on isolated knolls. Underlying the surficial soils is Pamlico Sand, consisting of fine gray or white sand ranging in depth from 2 to 50 feet thick. This is underlain by the Anastasia Formation, which consists of permeable layers of sand, sandstone, limestone, coquina and shell beds to a maximum thickness of about 200 feet. . The Anatasia Formation is underlain by the Fort Thompson Formation, which consists of marine sands, shell beds, limestones, sandstone, and freshwater marls, that range in thickness from 20 to 50 feet. The Fort Thompson Formation is underlain by the Caloosahatchee marl and is composed of shelly sand and sandy shell marls with minor amounts of limestone and sandstone. Caloosahatchee marl is underlain by the Tamiami Formation, which is composed Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 5 January 1998 (2 ) principally of silty, shelly sands and silty shell marls of low permeability with occasional thin interbedded limestone or sandstone, and ranges between 70 and 100 feet in thickness. These formations comprise the shallow Biscayne aquifer system which lies beneath Palm Beach County and serves as the primary water supply for commercial and home use within the region. The formations comprising the Biscayne aquifer of southern Florida overlie a thick sequence of relatively impermeable clayey and sandy marls of the Hawthorn Formation. These sediments four the confining zone between the Biscayne aquifer and the deeper artesian Floridan Aquifer (USGS R.I.No.13, 1954). Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 6 January 1998 • 3.0 HISTORIC SITE AND SURROUNDING PROPERTY CONDITIONS The history of land use on and near the subject property was determined from interviews, review of { historic aerial photographs, and the other documents referenced in Section 8.0. • 3.1 CURRENT AND PRIOR OWNERSHIP A chain-of-ownership was not included in the Scope of Work for-this Environmental Site Assessment,therefore,previous owners are not noted. I _ 3.2 INTERVIEWS Dames & Moore contacted the Palm Beach County Department of Environmental Resources Management(DERM)for infomiationregarding Recognized Environmental Conditions with respect to the subject property. According to the DERM,no files were available for the subject property. 3.3 AERIAL PHOTOGRAPHS Historical aerial photography covering the subject property(Section 30,Township 40 South, Range 43 East)for the years 1965, 1968, 1970, 1973, 1976, 1984, 1989 and 1997 was reviewed by Dames &Moore. The aerial photographs are 1" =200'and were obtained from the Palm Beach County, Engineering&Public Works Department. 1965: The aerial photograph shows the subject property to be an undeveloped parcel covered ( with vegetation. The subject property is bordered to the north and east by an unimproved road followed by an undeveloped and vegetated parcel, to the south by an undeveloped and vegetated parcel, and to the west by Dixie Highway followed by the Florida East Coast (FEC)Railway right-of-way. Three large bulk storage ASTs are present near the FEC tracks northwest of the subject property. 1968: The aerial photograph shows the subject property and the adjacent properties to the north, south, east and west to be essentially unchanged from the 1965 aerial photograph. Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 7 January 1998 1970: The aerial photograph shows the subject property and adjacent properties to be essentially unchanged from the 1968 aerial photograph. 1973: The aerial photograph shows the subject property and adjacent properties to be essentially unchanged from the 1970 aerial photograph. 1976: The aerial photograph shows the subject property and adjacent properties to be essentially unchanged from the 1973 aerial.photograph. 1984: The aerial photograph shows the subject property and adjacent properties to be essentially unchanged from the 1976 aerial photograph, with the exception of the absence of the bulk storage ASTs formerly located northwest of the subject site near the FEC tracks. 1989: The aerial photograph shows the subject property cleared of vegetation, with a series of north-south ridges. A post office building is present on the adjacent property to the southwest. Village Boulevard borders the subject site to the north; north of Village Boulevard is an undeveloped parcel cleared of vegetation. The adjacent properties to the south and to the east remains undeveloped and vegetated; and to the west essentially unchanged from the 1984 aerial photograph. 1997: The aerial photograph shows the subject property and adjacent properties to be essentially unchanged from the 1989 aerial photograph, with the exception that the subject property appears to be graded flat. A library building is present south of the post office. A church is present on the adjacent property to the east, and a residential building is present to the north of the subject property,across Village Boulevard. Based on the distance and lack of reported incidences of the FEC bulk storage ASTs formerly located to the northwest of the subject property,it is Dames&Moore's opinion that these ASTs are not an environmental concern on the subject property. No other environmental concerns were identified during the aerial photograph review. 3.4 OTHER DOCUMENTS Dames&Moore contracted with EDR to conduct a search of Sanborn Fire Insurance Rate maps and other similar maps(e.g.Nirenstein maps)for coverage including the subject property. EDR's search did not identify any such maps for the subject property. Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 8 January 1998 4.0 SITE INSPECTION Mr. David C. Armistead of Dames & Moore inspected the subject property on Thursday,January 22, 1998. Weather conditions at the time of the inspection were cloudy with a temperature of approximately 70°, with no apparent weather-induced limitations to Dames & Moore's site inspection. Dames & Moore's site inspection included a walking inspection of the interior and exterior of the site, and a'drive-by survey of accessible properties within 1/4-mile of the subject property. Signatures and Curricula Vitae for Dames&Moore personnel involved in the preparation of this report are presented in Appendix C. Photographs taken during Dames & Moore's site inspection are provided in Appendix D. 4.1 CURRENT USES OF THE PROPERTY At the time of Dames & Moore's site visit, the subject property was vacant and covered with vegetation. 4.2 SITE OBSERVATIONS The subject property is located on Old Dixie Highway approximately 3/8-mile south of County Line Road, in Tequesta, Florida. The subject property is a vacant, vegetated parcel containing approximately 12.05 acres of land. Electrical distribution and transmission lines were observed along the property's west and south boundary at the time of the site visit. The subject property is bound to the north by Village Boulevard,to the east by a paved driveway, and followed by Saint Jude's Church and undeveloped land, to the south by an adjoining undeveloped parcel, to the southwest by the Tequesta Post Office and Library,and to the west by Old Dixie Highway. 4.2.1 Hazardous Substances and Wastes At the time of Dames & Moore's site inspection, hazardous substances were not observed on the subject property. Phase 1 Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 9 January 1998 • 4.2.2 Underground/Aboveground Storage Tanks At the time of Dames&Moore's site inspection,no evidence of underground storage tanks (USTs) or aboveground storage tanks(ASTs)was observed on the subject property. 4.2.3 PCB-Containing Equipment At the time of Dames & Moore's site inspection, no evidence of electrical transformers or other PCB-containing equipment was observed on the subject property. 4.2.4 Solid Waste At the time of Dames&Moore's site inspection solid waste was not observed the subject property. Dames&Moore did not observe evidence of industrial waste,biological waste or sanitary waste on the subject property. 4.2.5 Drains and Sumps During the site visit,drainage ditches,drains,or sumps were not observed on the subject property. 4.2.6 Wastewater During the site reconnaissance,Dames&Moore did not observe evidence of wastewater discharges associated with the subject property. Indications of septic systems were not observed on the subject property during the site inspection. 4.2.7 Wells During the site reconnaissance,Dames&Moore did not observe the evidence of wells on the subject property. Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 10 January 1998 (.4 4.2.8 Pits.Ponds.and Lagoons Ponds and lagoons were not observed on the subject property during the site visit. A low circular depression was located near the southeastern portion of the subject property. 4.2.9 Other Physical Evidence of Contamination Staining of the soil, distressed vegetation, pools of waste liquids, runoff patterns, unusual odors, mounds, and berms were not observed on the subject property during Dames & Moore's site inspection. 4.3 CURRENT USES OF ADJOINING PROPERTIES The subject property is bound to the north by Village Boulevard,to the east by a paved driveway and • followed by Saint Jude's Church and undeveloped land,to the south by an adjoining undeveloped parcel, to the southwest by the Tequesta Post Office and Library, and to the west by Old Dixie Highway. 4.4 SURROUNDING PROPERTIES OF POTENTIAL ENVIRONMENTAL CONCERN Based on site observations and a review of documents concerning geologic, hydrogeologic, and topographic conditions in the vicinity of the subject property, the subject property appears to be hydrogeologically downgradient with respect to the surrounding properties to the east,crossgradient with respect to surrounding properties to the north and south, and upgradient with respect to the surrounding properties to the west. Dames&Moore's review of the environmental databases further discussed in Section 5.0,and a drive by survey of nearby properties did not identify apparent offsite properties of potential environmental concern. Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 11 January 1998 r63) 5.0 REGULATORY AGENCY REVIEW 5.1 ENVIRONMENTAL DATABASES REVIEW Dames & Moore reviewed information gathered from several environmental databases through Environmental Data Resources, Inc. (EDR) to evaluate whether activities on or near the subject property have the potential to create a Recognized Environmental Condition on the subject property. EDR reviews databases compiled by Federal,state,and local governmental agencies. The complete list of databases reviewed by EDR is provided in the environmental database report, which is included in Appendix E. It should be noted that this information is reported as Dames & Moore received it from EDR, which in turn reports information as it is provided in various government databases. It is not possible for either Dames & Moore or EDR to verify the accuracy or completeness of information contained in these databases. However,the use of and reliance on this information is a generally accepted practice in the conduct of environmental due diligence. A description of the databases searched and the information obtainedis summarized below: • Type of Radius Number of Database Database/Effective Date Searched Sites Identified NPL National Priorities List 1 mile 0 Effective Date-9/97 CERCLIS Comprehensive Environmental Response,Compensation,and 0.5 miles 0 Liability Information System Effective Date-8/97 RCRA TSDs Resource Conservation&Recover Act 1 mile 0 Treatment,Storage,or Disposal facilities Effective Date-7/97 RCRA Resource Conservation&Recovery Act Hazardous Waste 0.25 miles SQG 0 Generators Large and Small Quantity Generators LQG 0 Effective Date-7/97 ERNS Emergency Response Notification System Site 0 Effective Date- 10/97 Only SHWS State Hazardous Waste Sites 1 mile 0 Effective Date- 1/97 SWF/LS State Solid Waste Facilities/Landfill Sites 0.5 miles 1 Effective Date- 10/97 Phase 1 Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 12 January 1998 (6. ) Type of Radius Number of Database Database/Effective Date Searched Sites Identified LUST State Leaking Underground Storage Tanks 0.5 miles 2 Effective Date-8/97 UST State Underground Storage Tank 0.25 miles 0 Effective Date-8/97 A brief description of the databases searched and the information obtained is summarized below. 5.1.1 Federal NPL List The EPA's National Priorities List(NPL)of uncontrolled or abandoned hazardous waste sites was reviewed for sites within one mile of the subject property. To appear on the NPL, sites must have met or surpassed a predetermined hazard ranking system score,been chosen as a state's top priority site,pose a significant health or environmental threat,and/or be a site where the EPA has determined that remedial action is more cost-effective than removal action. The subject property was not -. .identified as a NPL site. The database search identified no NPL sites within one mile of the subject property. 5.1.2 Federal CERCLIS List The EPA's Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) listings were reviewed to determine if site(s) within '/2-mile of the subject property are listed for investigation. The CERCLIS database identifies hazardous waste sites that require investigationand possible remedial action to mitigate potential negative impacts on human health or the environment. The subject property was not identified in the database as a CERCLIS site. The database search identified no CERCLIS sites within '/2-mile of the subject property. Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 13 January 1998 5.1.3 Federal RCRA List The current Resource Conservation and Recovery Act (RCRA) Notifiers List was reviewed to determine if any RCRA treatment, storage, or disposal sites (TSDs) are within one mile of the subject property. The database search identified no RCRA TSD facilities within one mile of the subject property. The RCRA-regulatedhazardous waste generator notifiers list was reviewed to determine if RCRA generator facilities are located on or adjacent to the subject property. The subject property was not identified in the databases as a RCRA generator. The database search identified no RCRA large quantity hazardous waste generators (LQG) or small quantity hazardous waste generators (SQG) within'/4-mile of the subject property. • 5.1.4 Federal ERNS List A database search of the EPA's Emergency Response Notification System (ERNS) list, which contains reported spill records of oil and hazardous substances,did not identify the subject property as an ERNS site. 5.1.5 Florida Hazardous Waste Sites Listing A database search to identify Hazardous Waste Sites List sites did not indicate sites located within one mile of the subject property. 5.1.6 Florida Solid Waste Disposal Facilities/Landfill Sites A database search was conducted to determine if solid waste disposal or landfill sites are located within '/z-mile of the subject property. Additionally, Dames & Moore reviewed the Palm Beach County Solid Waste Authority's Inventory of Palm Beach County Solid Waste Sites. One solid waste disposal site was identified within%z-mile of the subject property.This site is described below. Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 14 January 1998 zr • Salhaven Dump (Jonathon's Landing) Based on a review of Dolph's Street Atlas to verify this site's location,it was determined that this facility is located more than 2 miles southeast of the subject property, and therefore out of the search radius. Based on the distance relative to the subject property, it is Dames & Moore's opinion that this facility does not have the potential to create a Recognized Environmental Condition on the subject property. 5.1.7 Florida Leaking Underground Storage Tank Report A database search of the Florida Leaking Underground Storage Tank Report (LUST) listing was reviewed to determine if LUST sites are located within'A-mile of the subject property. The database search identified one LUST site within'A-mile of the subject property. The LUST site identified is discussed below. • • Blowing Rocks Marina . This facility is located at 18487 U.S. Highway 1 in Jupiter,Florida, approximately 'A- %Z mile and hydrogeologically downgradient of the subject property. Based on the location, hydrogeological gradient and distance of this facility with respect to the subject property,it is Dames & Moore's opinion that this facility does not have the potential to create a Recognized Environmental Condition on the subject property. • Speedway#8365 This facility is located at 104 North U.S.Highway 1 in Tequesta,Florida,approximately'A- 'A mile and hydrogeologically downgradient of the subject property. Based on the location, hydrogeological gradient and distance of this facility with respect to the subject property,it is Dames & Moore's opinion that this facility does not have the potential to create a Recognized Environmental Condition on the subject property. 5.1.8 Florida Underground Storage Tank(UST)List Florida's UST list,which lists registered USTs within Florida,was reviewed to determine if USTs are located either on or adjacent to the subject property. The subject property was not identified in the database as a UST site. The database search identified no UST sites within'/4-mile of the subject property. Phase 1 Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 15 January 1998 /� 5.1.9 Other Information Dames & Moore reviewed EDR's listing of Unplottable Sites, which are sites that have not been geocoded based on lack of sufficient data regarding their exact location within the general area. The subject property was not identified as an Unplottable Site. Based on a review of area maps of the subject property, one of the listed Unplottable Sites appeared to be within the ASTM search radii. • • Village of Tequesta Water Treatment Plant _.. This facility is located at 901 North Old Dixie Highway in Tequesta,Florida,approximately -mile to the north and hydrogeologicallycrossgradientof the subject property. Based on the location,hydrogeological gradient and distance of this facility with respect to the subject property,it is Dames&Moore's opinion that this facility does not have the potential to create a Recognized Environmental Condition on the subject property. 5.2 REGULATORY AGENCY CONTACT During the performance of an environmental assessment,Federal,State and local regulatory agencies having jurisdiction over the subject property may have been contacted to determine the following . • information:the status of relevant environmental permits;whether there have been any violations, or other similar correspondence from such agencies; whether any corrective action or remediation is planned,currently taking place,or has been completed at the subject property;whether there have been any reported violations or complaints that the subject property is not in compliance with environmental laws, regulations, or standards, and whether the subject property is under investigation for such non-compliance;whether the subject property is listed on any of the regulatory databases; and whether there is any other pertinent documentation on file with such regulatory agencies regarding the subject property or surrounding sites of concern. Dames &Moore contacted DERM regarding Recognized Environmental Conditions with respect to the subject property. According to the DERM,no'files were available for the subject property. Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 16 January 1998 (pD 6.0 CONCLUSIONS Dames & Moore conducted a Phase I Environmental Assessment of a 12.05 acre vacant parcel located at Old Dixie Highway,Tequesta,Palm Beach County,Florida to evaluate the potential for a Recognized Environmental Condition to exist on the subject property from onsite or offsite activities. Dames&Moore's conclusions are presented below. • 6.1 ONSITE RECOGNIZED ENVIRONMENTAL CONDITIONS Based on the review of available information, Recognized Environmental Conditions were not found to be associated with the subject property. 6.2 OFFSITE RECOGNIZED ENVIRONMENTAL CONDITIONS :-Based on Dames&Moore's review of available information,offsite sources were not identified that appear likely to create a Recognized Environmental Condition on the subject property. 6.3 OTHER ENVIRONMENTAL CONCERNS Dames & Moore did not identify any other environmental concerns with respect to the subject property. Phase 1 Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 17 January 1998 �n 7.0 RECOMMENDATIONS Based on the results of Dames & Moore's Phase I Environmental Site Assessment, additional investigation of the subject property does not appear warranted at this time. . Phase I Environmental Site Assessment Dayco Holding Company 12.05 Acre Vacant Parcel 18 January 1998 8.0 REFERENCES • ASTM, 1997.American Society for Testing and Materials(ASTM). Standard E 1527-97,"Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process," May 1997. Dolph 1996. Street Atlas of Palm Beach County, Florida EDR, 1998. Environmental Database Search Report,#0224077.1r, dated January 21, 1998. FDEP. Dames & Moore interview with Mr. Bill Barrett January 28, 1998. Palm Beach County. Engineering & Public Works Department, Palm Beach County, Florida. Aerial photographs 1"=200'of Section30,Township 40 South,Range 43 East for the years 1997, 1989, 1984, 1976, 1973, 1970, 1968, and 1965. Palm Beach County, 1995. Palm Beach County, Department of Environmental Resources Management, Wellfield Protection Zones of Influence Map. 1" = 5,000' of Palm Beach County,Florida. • Palm Beach County,1996.Solid Waste Authority,Palm Beach County,Florida.Inventory of Palm Beach County Solid Waste Sites. Palm Beach County, 1998. Palm Beach County, Department of Natural Resources Management. Telephone interview with DERM representative on January 27, 1998. USDA, 1978. United States Department of Agriculture (USDA) Soil Conservation Service, Soil Survey of Palm Beach County Area,Florida,December 1978. USGS, 1954. United States Geological Survey (USGS), Florida Geological Survey, Report of Investigations# 13,Water Resource Studies. USGS, 1983. 7.5 Minute Series Topographic Quadrangle, Jupiter, Florida, 1948, photorevised 1983. 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A LOCATION: TEOUESTA, FLORIDA A 0.0.4.434 hrOCOECNOI.COurauly = FIGURE 1 fr-, tb , & M JOB NO. 38207-002-024 GROUP " t N Ls7 COUNTYLINE PLAZA E., STERLING HOUSE '''..\ I VACANT PARCEL BLS. ado AGE • M/ UNDEVELOPED PARCEL. .......................................................................... .......................................................................... ................................................................................. ::. 12.05 ACRE::::::.::::.....:.... .... :::::::. ::::.VACANT PARCEL::::• •.....:....�.....•:::•:. : „ n d �. ::::C Q� RESIDENTIAL AREA f �.t '•:•:: VEffTAT�I :..: RY►[CAU L ST. JUDE'S CHURCH W DEPRESSION U d CAI POST OFFICE LIBRARY • VACANT PARCEL A a I v_ H SITE PLAN IIW d a7 x A - w PROJECT: 12.05 ACRE VACANT PARCEL iD M DoAAES&MOORS s LOCATION: TEQUESTA, FL. ,► .A �. w CO C `D & M JOB NO. 38207-002-024 GROUP FIGURE 2 L.AI-tl61 I. • Csi-1 d!l_1 GEORGE G.GENTILE - ' & ASSOCIATES. INC. Landscape Architects, -• . Planners and • • Environmental Consultants• 'April 28, 1998 ' Village of Tequesta • 350 Tequesta Drive Tequesta, Florida .33469 - • • , - • Attention: Scott Ladd, Building Official • - \Re: Lighthouse Cove Environmental Report - - • • Dear Mr. Ladd: Pursuant to the DRC's request during our meeting of April 211998,'we Ire writing this bnef report on the physical environment of the above referenced project. , The site observation was done on Friday,April 24, 1998, at 2:30.PM. The temperature was- 79°partly cloudy,-with lowto no winds. • Proiect.Location and Description - ; The proposed Lighthouse Cove project is located on 13.69 acres located on the southeast' - - corner of Old Dixie Highway and.Village Boulevard. The project is bounded on the east by the access drive and parking lot to St.Jude Catholic Church, on the south by the new DiVosta residential project on the west by Old Dixie Highway the U.S. Post Office and the - Palm Beach County library,on the north by Village Boulevard.-The property is situated in a • developing urban area within the Village.of Tequesta's U.S.-Highway One Commercial - • Corridor. . _, Soils ' The Soil Survey of Palm Beach.County;Florida by the U S.ebepa tment of Agriculture list the • ' soils type for this site as(ScB)St, Lucie-Sand, 0 to 8 percent slopes: This is a nearly level, ' • ' excessively drained, deep sandy soil and is the remnants of th'e"coastal dune ridge,of the • • north part of the County. The natural vegetation on this soil includes Sand Pine, Scrub , Palmetto, Rosemary and,natural grass:'.The soils atlas also indicates thet lerge areas of this soil type has been cleared for urban development. This is certainly true;for.the subject . property. The Donner property was cleared several years ago and has been kept mowed by the owners since clearing took place. , • Vegetation • • The site's existing vegetation cover was once a partof the Sand Pine Ridge Association that • was prevalent in this area of Palm Beach Courity. However, as stated earlier,the area was cleared of most of the vegetation cover. Today, only a few Pinus clause (Sand Pine), Quercus geminate, spp..(Scrub Oak), and Serenoa repens (Saw Palmetto) remain. The / 675 West Indiantown Road - Suite 201 - • Jupiter,Florida 33458 - -- ' 561-575-9557• , 561-575-,r'260 FAX . Village of Tequesta • . 1 - ' April 28, 1998 • - Page Two •S . , • • i remainder ground cover consists of various field grass, open sandy areas and weeds. The • ' . reviewer did not notice any listed vegetative species at the time of this site review. - , ' • • 'Wildlife . • . " ' _ • At the time of this site review, the following species were observed on the subject site. • • " • Morning Dove ' Zenaida macroura •. , • Mockingbird r• Mimus polyglottos Black'Bird (Species unknown) , • . 'Evidence of raccoon (Procyon spp)was observed. - . .. While the•reviewer did not observe any listed wildlife species on this site at the time of review, . . it should be noted that the Village of Tequesta is noted by the state of-Florida and the U.S. , ' t Fish and Wildlife Services as a prime scrub jay (Aphelocoma'coe•rulescens) preserve'on the • • ' five acres'east of this site that was established during the construction of the new St.Jude . church. Several other areas, adjacent to this site have noted,evidence of scrub jay activity including the U.S. Post Office and the rail road right of way to the west. . N This review.did not perform an,approved U.S. Fish and Wildlife field audit of scrub jay activity. ' - The lack of Scrub Oaks or other low growing vegetation on this site makes it unlikely that , nesting is taking place. However,it is recommended that the U.S. Fish and Wildlife Service' • be contacted, prior to,any construction activities takirig place,to ensure compliance with' . t federal law. - There was no evidence of other listed species observed on this site. _ . : 1 '-• We hope this information will assist you in further review.of this project. - . Sincerely, . . -S . • • S - _ S George G.Gentile& . Associates, Inc. (LC177) r , ' 1 . George G.Gentile, FASLA President - GGG:mak .. - ' • cc: Luis Lamar,Dayco • • . • Joe Capra, Captec Engineering, Inc. , • . LIGHTHOUSE COVE VEGETATION STATEMENT The Lighthouse Cove project is located on Village Blvd. on the southeast corner of Dixie Highway and Village Blvd. The property is located in the incorporated limits of the Village of Tequesta. The subject property was once a part of a Sand Pine Ridge association, typical to the properties along the Intracoastal Waterway in the northern reaches of Palm Beach County. With the exception of a few scattered Sand Pines through the property and a narrow band of these same pines along the eastern property boundary. The site was previously cleared. The remaining vegetation consists of field grasses and common weeds. The development plan calls for a considerable amount of site manipulation and grade changes from 1' to 3'. This site activity will minimize the ability to save the Sand Pines. These trees are extremely sensitive to grade changes and/or relocation. Their size will not permit relocation. The landscape plan includes a buffer plant palette that includes native Slash Pine, Sabal Palms and Saw Palmetto. These species come close to the historic land cover of this area. •EXH18IT ff DRAFT DEVELOPER'S AGREEMENT Lighthouse Cove 4/1/98 This Developer's Agreement is entered into as of this day of , 1998 by and between the VILLAGE OF TEQUESTA, FLORIDA, hereinafter referred to as "Village" and DAYCO, a Florida Corporation, hereinafter referred to as"Dayco". WHEREAS, Dayco has contracted to purchase 13.69 acres-of land (Exhibit A) in order to develop a project known as Lighthouse Cove Apartments located on Village Boulevard, west of U.S. Highway 1, in Tequesta, Florida, and WHEREAS, Dayco has requested that the Village approve construction plans for a 252. unit apartment complex with Clubhouse and appurtenances and certain related improvements, more particularly set forth in plans heretofore submitted to the Village of Tequesta, and WHEREAS, Dayco desires the Village to approve the issuance of a building permit for this project prior to the compliance with certain development related requirements, and WHEREAS, the Village desires that, as precondition to issuance of the building permit, that this agreement be entered into, in order to provide assurance to the Village that all requirements of the law shall be satisfied; NOW, THEREFORE in consideration of the premises and covenant contained herein and for other good and valuable consideration, the receipt of which is hereby acknowledged by each party to the other, and for other good and valuable consideration, the parties agree as follows: 1. Unity of Title Agreement. Dayco further covenants and agrees that shall execute the Unity of Title Agreement in the form annexed hereto as Exhibit B and submit same for approval to the Village. (77) 2. Plat. On or before issuance of the Certificate of Occupancy by the Village, Dayco shall file an application of plat, as one lot such that the Village zoning, platting and land use requirements are satisfied. 3. Utility Systems. On or before the issuance of a Certificate of Occupancy, Dayco shall cause the utility improvements required by the Village to be completed in accordance with plans heretofore submitted to the Village and for conveyance of such systems as are required to be conveyed by bill of sale to the Village to be accomplished. Specifically, The Village of Tequesta shall provide water services to the property. In addition, Loxahatchee River Control District, ENCON, shall provide sanitary sewer service to the project. 4. Compliance with Conditions of Special Exception and Site Plan Approval. Dayco shall provide stormwater management, paving/parking, water and sanitary sewer, private recreational, landscaping and irrigation improvements to the property. Relative to the stormwater management, paving/parking, private recreational, landscaping and irrigation improvements, Dayco Subsidiary (Nationwide Management Services Corp.) will provide the necessary maintenance improvements to meet the Village Code requirements. In addition, the water system will be maintained by the Village of Tequesta and the sanitary sewer system will be maintained by the Loxahatchee River Control District(ENCON). The recreational facilities on-site are provided for the private use of residents of Lighthouse Cove. Additionally, all DRC comments contained in Staff Report dated , shall be addressed by Dayco as set forth in letter of response and agreement from CAPTEC Engineering, Inc., dated , 1998, incorporated herein by reference. 2 �� • 5. Miscellaneous Provisions. A. Compliance with Legal Requirements. The Village has reviewed the construction of the proposed facility and renovations and believes the same to be consistent with its comprehensive plan and land development regulations. Furthermore, the Village does not believe that the same will cause any detriment to the Village or to its citizens' public health, safety or welfare. The parties agree and acknowledge that the failure to address in this Agrement any particular condition, term or restriction shall not relieve Dayco of the necessity of complying with any law governing said required condition, term or restriction. B. Recordation of Agreement. The parties agree that this Agreement shall be recorded in the Public Records of Palm Beach County, Florida within fourteen (14) days of execution by all the parties. C. Enforcement. Either party may file an action for specific performance and/or injunctive relief in the Circuit Court in and for Palm Beach County, Florida, in order to enforce the terms of this Agreement. Neither party shall be required to show irreparable harm in order to enforce the terms of this Agreement through injunctive relief. D. Binding Effect. This Agreement shall be binding on the successors in interest to Dayco and the Village. E. Litigation. In the event of any litigation arising hereunder, jurisdiction and venue shall be in Palm'Beach County, Florida, and the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including those fees and costs in appellate proceedings. F. Complete Agreement. There are no representations, agreements, arrangements or understandings, oral or written, between the parties relating to the subject matter of this Agreement which are not fully expressed in this Agreement. This Agreement cannot be changed or terminated orally or in any manner other than by a written agreement 3 executed by both Parties. The above non-withstanding, modifications to be inclusive, of this Agreement may be authorized by the Village, by necessity of amending this Agreement, provided however that said modifications are not otherwise contrary to any of'the terms of this Agreement. G. Effective Date. The effective date of this Agreement shall be the last date on which the parties execute this Agreement. • �by IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written. Witnesses: VILLAGE OF TEQUESTA, FLORIDA: By: Print Name: Name: Title: (SEAL) Print Name: Attest: Name: Title: Witnesses: DAYCO, A Florida Corporation Print Name: Name: Title: Print Name: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH . The foregoing instrument was acknowledged before me this day of , 1998, by , as Mayor of the Village of Tequesta, Florida. Said person (check one) ❑ is personally known to me, ❑ produced a driver's license (issued by a State of the United States within the last five (5) years) as identification, or ❑ produced other identification to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: 5' C5ID STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1998, by , as of the Dayco. Said person (check one) ❑ is personally known to me, ❑ produced a driver's license (issued by a State of the United States within the last five (5) years) as identification, or ❑ produced other identification to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: • 113\Vil.Teq\Dev.Agrmt JWC/cm 6 LIGHTHOUSE COVE APARTMENTS LEGAL DESCRIPTION A PART OF SECTION 30, TOWNSHIP 40 SOUTH,RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30 WITH THE EASTERLY RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY, AS RECORDED IN ROAD PLAT BOOK 5,PAGES 144-148, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS,PROCEED S 22°41'51" E, ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 246.37 FEET; THENCE N 67°18'09" E A DISTANCE OF 266.00 FEET; THENCE S 22°41'51" E,A . DISTANCE OF 350.00 FEET; THENCE N 76°16'00" E, A DISTANCE OF 209.37 FEET; THENCE N 00°10'56" W,A DISTANCE OF 400.00 FEET TO THE INTERSECTION WITH SAID NORTH LINE OF THE SOUTH WEST QUARTER OF SECTION 30; THENCE S 89°49'04" W, ALONG SAID NORTH LINE,A DISTANCE OF 81.68 FEET; THENCE N 00°16'13" E,A DISTANCE OF 695.09 FEET TO THE SOUTH LINE OF VILLAGE BOULEVARD AND BEING THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 675.00 FEET AND A CHORD BEARING OF S 74°30'43" W; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31°30'22",A DISTANCE OF 371.17 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 675.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°54'56",A DISTANCE OF 281.75 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 675.00 FEET; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CEN 1'RAL ANGLE OF 15°22'20", A DISTANCE OF 181.10 FEET TO THE INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY; THENCE S 22°41'51" E ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 498.58 FEET TO THE POINT OF BEGINNING. CONTAINING 596,496 SQUARE FEET OR 13.69 ACRES MORE OR LESS. • C3 EXHIBIT I-1 LIGHTHOUSE COVE APARTMENTS TEQUESTA, FLORIDA LIST OF PRINCIPLES ARCHITECT: MR. EDDY FRANCES, AIA ARCHITECTS AND PLANNERS 1385 CORAL WAY SUITE 204 MIAMI, FLORIDA 33145 (305) 854-4070 (305) 858-3445 (FAX) ENGINEER: JOSEPH W. CAPRA, P.E. CAPTEC ENGINEERING, INC. 1870 SE PORT ST. LUCIE BLVD. PORT ST. LUCIE, FLORIDA 34952 (561) 398-8182 (561) 398-8180 FAX SURVEYOR: MR. DAN DAILEY, P.L.S. DAILEY AND ASSOCIATES, INC 112 NORTH U.S. 1 TEQUESTA, FLORIDA 33469 (561) 746-8424 (561) 746-8575 FAX ENVIRONMENTAL PLANNER: MR. GEORGE GENTILE GENTILE &ASSOCIATES, INC. 675 W. INDIANTOWN ROAD SUITE 201 JUPITER, FLORIDA 33458 (561) 575-9557 (561) 575-5260 FAX DEVELOPER: MR. LUIS LAMAR DAYCO 848 BRICKELL AVENUE SUITE 810 MIAMI, FLORIDA 33131 (305) 377-8333 (305) 377-1954 PROPERTY OWNER: MR. GARY VAN BROCK 150 E. U.S. HIGHWAY 1 SUITE 5 TEQUESTA, FLORIDA 33469 (561) 743-6760 Ext+iBiT I-2-Ce) LIGHTHOUSE COVE APARTMENTS TEQUESTA, FLORIDA TRAFFIC STATEMENT Prepared for DAYCO Prepared by Joseph W. Capra, P.E. CAPTEC Engineering, Inc. 1870 S.E. Port St. Lucie Blvd. Port St. Lucie, FL 34952 561-398-8182 . Revised April 26, 1998 as per comments from Palm Beach County Traffic Division Ughy/ 2 1998 (4-5) INTRODUCTION This traffic statement will assess the traffic impacts associated with the proposed Lighthouse Cove Apartment complex to be constructed on 13.69 acres of undeveloped land. The Lighthouse Cove complex will accommodate 252 single family attached residential units and will be located on Village Boulevard in Tequesta, Florida. The 252 units will be composed of 64 - one bedroom, 132 - two bedroom, and 56 - three bedroom units. Village Boulevard is an east-west roadway that runs between Dixie Highway (Alt. A1A / SR-811) and US-1 just south of the Martin County line (see the attached Location Map - Figure 1). Access to the site is from Village Boulevard with north-south access provided via SR-811 and US-1. TRAFFIC GENERATION Palm Beach County has published official Daily Trip Generation Rates for single family attached residential facilities in the Impact Fees Section of the Unified Land Development Code. The single family attached units are indicated to generate approximately six and a half(7) trips/dwelling unit per day. This results in 1,764 trips per day being generated for the project. The traffic assignment estimates that twenty percent (20%) of the trips have origins or destinations to the north and sixty percent (60%) of the trips are to and from the south. Twenty percent (20%) of the daily trips generated by the project will have destinations within the commercial area immediately adjacent to the development and along US-1. Thirty percent (30%) are assigned to SR-811 and seventy percent (70%) toward US-1, as shown on the attached Directional Distribution Map. RADIUS OF DEVELOPMENT INFLUENCE The average number of daily trips, as indicated above, is 1,764; therefore the radius of influence for this project is two miles, as indicated in the criteria with the County Traffic Performance Standards. The links for analysis for this project are as indicated in Table 1. EXISTING TRAFFIC / HISTORIC TRAFFIC GROWTH Table 1 also indicates the existing traffic for 1997, as provided by Palm Beach County in the West Palm Beach Urban Area Traffic County Program Report for 1997. This report also indicates the historic traffic growth rates to be used in the build-out analysis for this project. The Lighthouse Cove Apartments are planned for completion at the end of 1999. The growth rate factors for each of the roadway links within the radius of influence are also indicated in Table 1. Where a negative growth rate is indicated on a roadway link, the 1997 traffic volume was maintained, as required by Palm Beach County. TABLE 1- TRAFFIC GROWTH LOCATION 1997 TRAFFIC GROWTH 1999 TRAFFIC RATE US-1 South of County Line 22,395 4.33 24,376 US-1 South of Loxahatchee Bridge 18,899 -2.66 18,899* Old Dixie South of County Line 6,249 0 6,249 Tequesta Dr.West of Dixie Hwy. 12,811 1.35 13,159 SR-707 West of US-1 • 5,704 0.81 5,797 Center St.West of Dixie Hwy. 15,395 4.53 16,821 SR-A1A East of US-1 9,390 0.88 9,556 *No reduction in traffic ASSURED CONSTRUCTION Palm Beach County staff has indicated that there are no other significant projects that should be indicated in the analysis as assured construction within the 2-mile radius of influence for this Study. ANALYSIS In accordance with the Palm Beach County Traffic Performance Standard, the proposed project was analyzed using both the Test 1 and Test 2 criteria. The purpose of the tests is to determine if the project will increase traffic on any of the affected roadways to a point that any of them would be considered to be over capacity. Test 1 analyzes the project during the build-out period. This test only considers the time period up to the time that the project is completed. Test 2 analyzes the project in the future at the model year, which is 2010. The Roads on Test 2 Network Projected to be Over Capacity with Existing & Committed Development Traffic map, prepared by the Palm Beach County Engineering and Public Works Department, Traffic Division, does not indicate any of the affected links to be over capacity. Therefore, the Lighthouse Cove Apartments Traffic, as indicated in Table 2, will not increase the affected link to a point of being over capacity. Acceptable Levels of Service (LOS) will be provided on the roadway links within the impact area for this project. • TABLE 2 - CAPACITY ANALYSIS LOCATION CAPACITY 1999 PROJECT TOTAL LOS TRAFFIC US-1 South of County 47,500 24,376 353 24,729 C Line US-1 South of ***39,300 ***21,638 441 22,079 C Loxahatchee Old Dixie South of County Line 14,300 6,249 176 6,425 C Tequesta Dr. West of Dixie Hwy. 14,300 13,159 88 13,247 C SR-707 West of US-1 14,300 5,797 88 5,885 C Center St. West of Dixie Hwy.* 18,000 16,821 88 16,909 D** SR-A1A East of US-1 14,300 9,556 53 9,609 D** *One Westbound Lane and Eastbound-Two Left Turn Lanes and One Right Turn Lane **LOS-D is an acceptable LOS for these roadways, as per conversations with the Palm Beach County Traffic Division. ***Based on average of 6 lane/4 lane roadway lOZ CONCLUSION Based on the ITE Trip Generation Rates, the Lighthouse Cove Project can generate 1764 trips per day. Based on the 2-mile radius roadway links, as defined by Palm Beach County, acceptable levels of service will be maintained after the completion of the project. The only exit and entrance for typical vehicular traffic will be onto Village Boulevard. Relative to Village Boulevard, the capacity for this roadway is 14,300 trips. The weighted average number of trips counted by the Village of Tequesta Police Department in December 1997 is 4,818 trips per day in 2 directions. The additional trips westbound from the site entrance and eastbound from the site entrance will maintain an LOS C or better. Upon review of this Traffic Statement by the Palm Beach County Traffic Division, the Applicant may be requested to review other traffic concerns by the Village of Tequesta and the Palm Beach County Traffic Division. • N • C. • LLAGE BwD. ti 2 LIGHTHOUSE ._. • COVE - SITE • SAP DRIVE -SCQ�E FIGURE 1 LOCATION MAP • t ��1� N o A 20 • c‹, V1LLpGE BLS �\ \" - LIGHTHOUSE 309� COVE ' SITE DRIVE 59; C���S�P 590 '� BEACH RD. CENTER ST. 5% o OF 9y sePez FIGURE 2 DISTRIBUTION • le `.6 r N i.a w .♦ O 0 0 E • V .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. O O A W fS d —0 0 0 O . . . . . . . . O O O O O O O O O O O a� f0 IV1 a • O O O O O O O O O O O O O O O O O O O O O O O a -7 Or ••• a-. .0 • .9 'O • Pa MI Na amin 0. 1 .. IA Cr ao .. .. .. • O Cl , ~ h.. r 0 ... . Cl • • • _ • .... Nan . . . . N i CA . . . . . . . CA 0. CD CAlV V r in r N.. 1 • N „ •- CA in • • • • r• N CA en V (0 r r r r r IV W an r O v O . • a r O O CM in . . -•! CO_ A • • -.aA O i..s no .0 CA A b A. 0 CD a en . . .+ A v e. rq .- FA M O .•r yLAJ CO =D .0 o C7 a ..... a .-.. r 7ff hr. f r.q ea cn r0 01 r ore CD 0.O eels C r 1 O 0 N 0 a. K . r Ca ! •••� O La A n.► 0 MP A ` N O t ` I in DID Q • Vs r y O . as Cos en r • \ \. rit. . V Of • f r • ao C▪O iJ O� N V a'n w V aD r N e ao ►+ V . . . . . .... r .•p ..p y y o. Y...-r ►.o • • r. a. .-.. • A f7 -7 0 t .r i A N N N N N N N wt N iJ N N lV N i.S N N N WO i f N r N •.ni• •.•« p b 6 Oi .► W W W W W W N N W W a N N W N•W W N • . • iO a . Q - w A O •n cc • - r O Cl in r co N O • aoo � aa Q wsr0 • CO an O CO.a O `l J - O V O O O O 0 EXI-FHbIT 3 DRAINAGE CALCULATIONS FOR LIGHTHOUSE COVE APARTMENTS SUBMITTED TO: THE VILLAGE OF TEQUESTA 357 TEQUESTA DRIVE TEQUESTA, FLORIDA 33469 MARCH 31, 1998 - . ' PREPARED BY: CAPTEC Engineering, Inc. - 1870 SE Port St. Lucie Blvd. Port St. Lucie, Florida 34952 (561) 398-8182 Dayco 03/30/98 LIGHTHOUSE COVE APTS. 02:05 PM CAPTEC Project#113 Site Data Project (Site) Area: = 13.69 Ac. Impervious Area: Bldgs = 2.63 Ac. Pvmt/ = 5.32 Ac. Sidewalk Pervious Area: = 5.74 Ac. Avg. Depth to Water Table: > 7.00 Ft. Water Quality Storage a) First inch of runoff Va = 13.69* 1 In. *(1 Ft./12 In.) = 1.14 Ac.-Ft. b) Runoff from 2.5 *% net impervious Runoff= 2.5* (Impervious Area)/(Project) = 2.5 * (7.95/13.69) = 1.45 Inches Vb = 13.69* 1.45* (1 Ft./12 In.) = 1.66 Ac.-Ft. c) Vb > Va, so the volume requiring storage for Water Quality is V = Vb = 1.66 Ac.-Ft. Elev. 15.04 Dayco 03/30/98 LIGHTHOUSE COVE APTS. 02:05 PM CAPTEC Project #113 • Soil Storage S = 8.18 * (Perv.Area/Site Area:9.00*(5.59/13.69) = 3.67 in. Design Storm 5 Yr. - 1Day P = 6.7 V=(((6.70-.2*3.67)^2)/(6.70+.8*3.67))*1'/12"*13.69 = 4.21 Ac.-Ft. Elev. 16.28 10 Yr. - 1 Day P = 7.8 V=(((7.80-.2*3.67)^2)/(7.80+.8"3.67))*1'/12"*13.69 = 5.31 Ac.-Ft. Elev. 16.52 10Yr. -3Day P = 10.6 V=(((10.60-.2*3.67)^2)/(10.60+.8*3.67))*1'/12"*13.69 = 8.20 Ac.-Ft. Elev. 17.01 25 Yr. - 1 Day P = 9.4 V=(((9.40-.2*3.67)^2)/(9.40+.8*3.67))*1112"*13.69 = 6.95 Ac.-Ft. Elev. 16.82 25 Yr. -3 Day _ P = 12.8 V=(((12.80-.2*3.67)^2)/(12.80+.8*3.67))*1'/12"*13.69 = 10.55 Ac.-Ft. Elev. 17.23 100 Yr. - 1 Day P = 11.7 V=(((11.70-.2*3.67)^2)/(11.70+.8*3.67))*1'/12"*13.69 = 9.37 Ac.-Ft. Elev. 17.12 100 Yr. -3 Day P = 15.9 V=(((15.90-.2*3.67)^2)/(15.90+.8*3.67))*1'/12"*13.69 = 13.93 Ac.-Ft. Elev. 17.56 fr A A A A A .A a A 42. A W W. FA) W Ca W W G.) 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" O 00 O O O op op moo O O O O O 0 CO N CO 4 0 O) N (O C CAJ 0 0) 0) .A 6) N — 0 0 0 0 0 0 0 0 0 0 0 0 N O N N •A•• CO 01 CO W " N (J1 O O O O O O O O O O V V CA CJ1 (J1 A A A W W W N N N 0 0 0 0 0 0 0 0 0 0 b) V N V 63 CO 6 4 4 C v 4 CD a) as N O 00 CA CJ1 4 63 N O 0 C CJ1 co CO CJ1 W W A CO W CO V V CD W CO 01 W A CA CO C77 N " A Co W -A • • N N N N N N N N N N N * 6J Ca) N N N - - 0 0 0 CO CD 03 CO CO •V •V O) O) CA CJ1 01 A A A 6) 6) IV N O CA N 00 A 0 0) N CO A 0 (3) N CO A 0 0) N CO A 0 0) N . Co A 0 CA N.) CO A * O O O O O O O O O O O O O O O O O O O O W N N 0 (D CD OD 00 6 V V V CA CA CD CA CJ1 CJ1 A 4 A A N co 01 N CD CA N CD tio N CD N CO CA N.) CD 0) W CD 0) CD co W -, CO Cn N O • V O CJ1 A CO O CD ro co V 6 O cJ1 5J1 .a A W W W W N N N N N CD " CO " COT co v CD 01 -4 W 4 CO CD N -A co O N 0) W -A -A N C CO C10 W V W • Exfiltration Trench Calculations CAPTEC# SFWMD Design of Exfiltration Trenches min.Pvmt elev.=16.00' L= Volume K(H2W+2H2Du-D,12+2H2Ds)+(1.39x10-4)WDu L= Length of tranch required(feet) Volume= Volume treated(acre-inches) 23.88 ac-in W= Trench width(feet) 4.0 ft K= Hydraulic Conductivity(cfslft2 ft head) 0.0012 H2= Depth to water table(feet) 12.0 ft Du= Non-saturated Depth(feet) 4.0 ft 2 foot minimum DS Saturated Depth(feet) 0.0 ft V= 1.99 acft 23.88 ac-in Volume yo be exfiitrated L= Length of tranch required(feet) 153.2 ft FM al230 1.0 ✓ TronehGk,xhlafiltrHIon(2) 1 of 1 3/27198-12:03 PM (/. v/ • • FLORIDA DEPARTMENT OF TRANSPORTATION - • STORM DRAIN TABULATION FORM Sheet 2. of Z Road: Unfits: I I Metric(S)) Prepared by: .C$ Data: 3 2 7. Project Number:i/3 Lia,vsciwsN Q,rr-,fin-.-rraNEstn,FL „ I yr US Customary Checked by: Date: ILOCATION DRAI4AeE AREA NYD.GRA M - Nro.ORACI NT ZONE..COUNTY: Caorra P rvu cJu FTNEouENOY: UPPER ENO —- -- e — ------------- --...--•-----•----• C. (1 M,; sus i _ RowLSNEb _ NOTEf: dc. (1 ) TOTAL i 1 I t ourre _ (2) O•A �f E STATION a -- C' (� ) �) bIn j END END E E ke ILL!!!!! I r N 11 1 0 k am) ,,, ., H 1 3i -. .. . 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(1-1- FLORIDA DEPARTMENT OF TRANSPORTATION • STORM DRAIN TABULATION FORM Sheet_ l of 2- Road: Unit: [ [ Metric(SI) Prepared by: CCS Date: 3/iF IN Project Number: //3 Lrsuf/oursr C.vE. 13 -TE4UESr4,e41 [r�' US Customary Checked by: Date: DRAINAGE AREA NM.GRADIENT ,, NTO.ORAOENT 'ZONE or COUNTY: • LOCATION ---.-.....-- ---- OF (�a IM) • CROWN PHYSICAL FREQUENCY: UPPER EHO 11 i E C. ((1 L;17.1: eus. .- � HNC . PLOW UNE a .-------- - --- • --- --.--•------ NOTES: b O• 1 ) 1 ) TK i" s ^ °UTITER 0 2 " ° E O E (2) STATION i E - b C' b� b � 4 0ym) rev Be a M . F - AL LHYER ! SO(m) d� ) � g -. .. . . ._. .. . . �r �° S 11 / I RH3was (10) (11 ) (12) (19) (20) (251)(8) (29) (29) (30) (7) 8 (9) (10) (11 ) (12) (13) (14) (15) (18) (17) (18) (21) . (22) . (27) (31 ) (3) 1(4)15J g) (10 1 (111 •(12_1 : um (241 (gal (25) (29) (30) - /rtiEE 11 2zp 015' o.52."0.60 �f-_ .9. ,0"so .1t95 Ib.ZO ly 70 q-° 15rr B.2o Z:3 Z.y - ��i✓LE7_'_;2. 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C3eofec/wdcaf Enpi►ej*,g o Threshold kiwectbn o Consfructbn Mahrlats 7istFrp • SSf ornent Investigations o Reskbntial Testing o Audb RECEIVED March 12, 1998 MAR 16 1998 CAPTEC Engineering, Inc. CAPTEC ENGINEERING, INC. Attn: Joe Capra, P.E. 1870 SE Port St. Lucie Boulevard Port St. Lucie, Florida 34952 Subject: ESTIMATED AVERAGE WET SEASON WATER LEVELS Re: Hydraulic Conductivity Tests for Lighthouse Cove Apartments Gentlemen: Based on groundwater level observations durings the performance of the referenced hydraulic conductivity tests,we would estimate average wet season levels to be approximately 7.0 feet below . grade at the locations tested. If you have any questions about this report or need any additional information, please call at your' y convenience. Respectfully'submi* • S EIvG i tE r' AND TESTING,INC. `, ) . `• • MI --AI Paul H.Danfosth;Xi.E: . Florida Registr&twn ..,.44653 • • Copies: Client- 1 • • Ft.Pierce Office: =Jupiter Ma: 3504 Industrial 33rd Street. Ft.Pierce,Florida 34946 1001 Jupiter Perk OrKK,Suite 118,Jupiter,Florida 33458 Phone (561)161-7508 FAX (561)461-8880 Phone (561)746.7698 FAX (561)74646108 Toll Free (800)233-9011 Stuart (581)283-7711 Vero Beach (581)567-6167 Delray (561)265-1211 00/ FRASEI :NGINEERING. AND TE; NG, INC. 1001 dUPTTEfi PARK DRIVE,SLATE 119 JUPITER,FLORIDA 33456 661-740.7000 EXFILTRATION TEST SOUTH FLORIDA WATER MANAGEMENT DISTRICT USUAL OPEN HOLE TEST Client Captec Engineering, Inc. Date Performed: 03/09/98 Project Lighthouse Cove(Apartment Complex), Test Location: HC-1 (see Map) Tequesta, Florida SOIL PROFILE IIIIIIIIII vAth Gray Forganics Sand 1 j , • Depth(ft) 3 Tan F/M Sand 4 • - 5 6 Water Table more than 6' Below Grade CALCULATIONS 0 Q Ground Surface . 7 7 K EN HYDRAULIC CONDUCTIVITY 1.13x 10 CFS/FT!-FT.HEAD Water Table Q=-STABILIZED"FLOW RATE .02476 CFS ' d=DIAMETER OF TEST HOLE .375 - FEET Da ' H?DEPTH TO WATER TABLE 6.00 � �� .q. FEET I d I DZ SATURATED HOLE DEPTH 0.00 FEET ELEV."A"(Test Depth) 6.00 FEET 4Q . , K= 7T d(2H2+ 4H2D2+ H2d) - . • EX ... . STUART(561)283.7711 Ft PIERCE 14002331011 JUPITER(561)7467000 DELRAY(3e1)2661211 Paul H. Danforth, P.E. - Fl. Reg. g44653 oa FRAS ENGINEERING AND TE 1NG, INC. • 1001 wry i cR PARK DRIVE.SUITE 119 J JPf TER.FLORIDA 334511 501.7467090 EXFILTRATION TEST SOUTH FLORIDA WATER MANAGEMENT DISTRICT USUAL OPEN HOLE TEST Client Captec Engineering, Inc. Date Performed: 03/09/98 Project Lighthouse Cove(Apartment Complex), Test Location: HC-2(see Map) Tequesta, Florida SOIL PROFILE 0 !11111111I ra�yaI �M with surf k • • Depth(ft) 3 . Tan F/M Sand 4 5 6 Water Table more than 6'Below Grade CALCULATIONS CI face zi ` . 7 7.12- K as HYDRAULIC CONDUCTIVITY 1.27x 10 : Water Table CFSIFT.-Fr.HEAD — Q=I"STABILIZED"FLOW RATE .02785 CFS ID. d=DIAMETER OF TEST HOLE .375 FEET Bev..A. H=DEPTH TO WATER TABLE 6.00 FEET . d i D:SATURATED HOLE DEPTH 0.00 I ELEV. A. FEET (rest Depth) 6.00 FEET 4Q K= r d(2H22+4H2D1 + H2d) 2/‘----1— ..__. • START(551)20 .7711 Ft PIERCE 14100-23 .a011 JLPITER(561)746 066 DE.RAY(501)205.1211 Paul H. Danforth, P.E. - Fl. Reg. #44653 /03 (-- .. rr = • 1tied OWO � i� r�wEY T._. we�� ras- TIM � 1 ihitil ..:. — ; :: , ,: P - ' .: :. . . 1 VP- 1.1 1 ligigarl. w ..,: - - I r-- - 1 - - , ,A ' I V.ii- anew MIMEO t ell i MUM. • I" .* 1 1-Zilr , : / • minim 30111110 LIP! - rir ate ... lir mil Am bia 1 If ; angry -1 1 _4.7, ,,z, .-., -- :;..; r..., A it i. i sow MI 12 61 �r IL4 © 7 macs— • Aillt _,..' ,,....,,,,,,_..,-...-- 1 -"X-i .' 4*-- -.. ---=- .... wimi t 39Y111,1 - Vpiq • 'e —Nur- \ . —...-- `... —wow Art ` ,•.<411 �1 a ' \l f it sus OpAh..**AL. • 0 -Al*: - . 1 - ,ilit 0 11 - *I, �!► '�, Air '� f N. 47 r 4 Z. 4, - tea' , ° 1I1 _ , iiiv ,r an. 1 4' - '41,,Z441r .-- ' A* 1 MUM=elle. 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Ms INIIII awow elk$11.11111.0011111 • 4 $ IOW ''— '' -••..L.-__r r..r.Wm MOM . i rwO�III werw. liiMO D - DAMES & MOORE ( I W W t t i' A DAMES&MOORE GROUP COMPANY • RECEIVED MAR 01 1998 ENGINEERING, INC. • • REPORT GEOTECHNICAL APPRAISAL VACANT PARCEL At INTERSECTION OF OLD DIXIE HIGHWAY AND VILLAGE BOULEVARD TEOUESTA.FLORIDA JOB NO. 38207-002-141 DATE Febntary 11,1998 BOCA RATON,FLORIDA II�� D M DAMES & MOORE c,It c l U I' A DAMES&MOORE GROUP COMPANY 6400 Congress Avenue,Suite 2500 Boca Raton,Florida 33487 February 11, 1998 561 994 6500 Tel 561 994 6524 Fax 38207-002-141 Mr. Luis Lamar DAYCO 848 Brickell Avenue, Suite 810 • Miami,Florida 33131 - Re: Report Preliminary Geotechnical Appraisal Vacant Approximately 13-Acre Parcel located SW of Old Dixie Highway and Village Boulevard Tequesta,Florida Dear Mr.Lamar: Please find enclosed three(3)copies of the Geotechnical Appraisal Report for the above referenced project. The scope of work has been completed in accordance with our proposal dated September 12, 1997. • We trust this report is responsive to your immediate needs. Should you have any questions regarding the report contents, please feel free to call us. Respectfully Submitted, - DAMES &MOORE Fernando Parra,Ph.D. Project Manager • FP/jm. Enclosure a:11MMtOEOTECHl3$2o7.002fTBQUESTA.apr DAMES&MOORE Offices Worldwide TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION 1 2.0 PURPOSE AND SCOPE OF WORK 1 3.0 FIELD INVESTIGATION 1 4.0 SITE CONDITIONS 2 4.1 Surface Conditions 2 4.2 Subsurface Conditions 2 5.0 CONCLUSIONS AND RECOMMENDATIONS 2 • 5.1 Overall Site Geotechnical Suitability 2 5.2 Site Preparation and Grading 2 5.3. Foundation Support 3 5.4 Concrete Slabs-on-Grade 4 5.5 Flexible Asphalt Pavement 4 5.6 Construction Considerations 4 5.6.1 Dewatering 4 5.6.2 Excavation Stability : : 4 6.0 LIMITATIONS OF REPORT 5 aA1411OBOTEC11138207.0021TEQUPBTA.APr DAMES do MOORE REPORT PRELIMINARY GEOTECHNICAL APPRAISAL VACANT PARCEL, SW OF OLD DIXIE HIGHWAY AND VILLAGE BOULEVARD INTERSECTION TEQUESTA,FLORIDA 1.0 INTRODUCTION In accordance with our approved proposal dated September 12, 1997, Dames & Moore has completed a Preliminary Geotechnical Appraisal at the 13. acre vacant parcel near the intersection of Village Boulevard and Old Dixie Highway in Tequesta,Palm Beach County, Florida. This report presents the findings and results of our field investigation and engineering study as prescribed in the scope of work contained in'the aforementioned proposal, which also included a Phase I Environmental Assessment. This work is being reported separately. 2.0 PURPOSE AND SCOPE OF WORK The purpose of the geotechnical engineering investigation is to explore near-surface soil conditions at the site,perform engineering analyses,and present this report with preliminary geotechnical design evaluation of the site. Specifically,this report addresses the following: • Characterization of near-surface soil conditions. • • Feasible foundation systems. • Preliminary foundation design parameters and estimates of foundation settlement. • Potential ground modification. • Site preparation and grading, including on-site material utilization. 3.0 FIELD INVESTIGATION • General subsurface conditions at the site were explored by drilling two(2)borings at the locations shown on Plate 1. The holes borings were drilled to 15 feet below existing grade, using a truck mounted drill rig utilizing rotary wash methods. Standard Penetrometer Tests (SPTs)r were performed continuously throughout the explored depth. Disturbed samples of the soil and rock _. encountered were colleted-for visug classication in:accordance with the Unified Soil Clarification System. Logs of the borings are presented in Appendix A. The SPT N-value is defined as the member of blows of a 140-pound hammer, falling freely through a height of 30 inches, required to drive a standard test sampler the final 12 inches of an 18 inch drive. For spr procedures,see ASTM D1586. oAt41toEorecHA3s2o7.W2WEQUEStA.RPT 1 DAMES&MOORE 4.0 SITE CONDITIONS 4.1 Surface Conditions The subject property consists of about 13 acres of relatively flat undeveloped land. The ground surface is covered with low grasses, and sparse shrubs and trees near the property boundaries. Based on the USGS Jupiter,Florida Quadrangle Map(photo revised 1983), existing grade at the site varies from about Elevation+15 feet,NGVD on the West to Elevation+23 feet NGVD on the West. 4.2 Subsurface Conditions Based on the information in our borings,the subsurface conditions at the site generally consist of fine sand down to 15 feet,the maximum depth explored. The sand is predominantly uniformly graded, • but varies in silt content from sand with silt,to silty sand. The sand is loose in the upper 6 to 8 feet I with N values ranging from 5 to 10 bpi; and averaging 8 bpf. Between 8 to 15 feet below existing grade,the sand is typically medium dense with N values ranging from 9 to 20, and average of 15 bpf. Groundwater levels were measured in the boreholes at the completion of drilling, and were generally found to be at 12.5 feet below existing grade (Elevation+2.5 feet, NGVD, approximately). Our experience locally and the presence of oxidation stains indicate that the groundwater table may rise to elevations close to 8 feet,NGVD, i.e. 7 feet below existing grade. 5.0 CONCLUSIONS AND RECOMMENDATIONS 5.1 Overall Site Geotechnical Suitability ; Results of the subsurface exploration indicate that the site is generally underlain by loose sands to depths varying from ground surface to about 6 to 8 feet below grade. From a geotechnical engineering perspective, the site is suitable for low-rise construction, i.e. 2 to 3-story buildings, • provided the near surface sand layers are compacted in place and proof rolled. Localized areas of loose material, if present,will become evident during site clearing, grubbing, and proof rolling,and must be removed prior to any filling operations. The following sections provide preliminary recommendations for site preparation, ground modification, and foundation design. These recommendations are for preliminary design purposes and should not be used for final design. 5.2 Site Preparation and Grading Preparation of the site for construction will require grubbing and stripping of vegetation and root systems in the upper 4 to 6 inches throughout areas to be covered by new construction. Trunks and root balls for trees should be removed. Site preparation at former locations of larger shrubs and trees may require excavation to greater depths. Following completion of clearing, grubbing, and stripping 0:111110EOTECIA38207.0021T8QUPSTA.APT 2 DAMES&MOORE operations, surface soils in the building and parking areas should be densified with a self-propelled . vibratory roller which imparts a dynamic drum force of at least 40,000 pounds (Dynapac CA-25S or equivalent). Subgrade surfaces should be proof rolled and compacted with at least 10 overlapping passes of the compactor as it operates at its maximum vibrational frequency and a travel speed of not more than two feet per second. The proof rolling operations should be monitored by qualified geotechnical engineering personnel to identify loose zones which may require additional proof rolling or conditions which may require excavation and replacement filling for correction. Fill material may be required to raise existing site grades for drainage control. Fill should be free from debris or other deleterious matter, and should consist of clean granular material that has a maximum particle size of six inches. It should contain not more than 10 percent passing the U.S. Standard Number 200 sieve, and have an organic content less than one percent. Based on our boring logs, we judge that the materials encounter in the borings would meet the requirements for structural back fill. Nevertheless, all fill material should be approved by the geotechnical engineer prior to use at the site. Fill should be placed in essentially horizontal lifts less than 12 inches in uncompacted thickness,have a maximum particle size•not greater than 6 inches, be moisture conditioned as necessary, and uniformly compacted to at least 95 percent relative compaction as determined by the Modified Proctor procedure(ASTM D1557). _ 5.3 Foundation Support We recommend that after preparing the site as described above, low-rise structures could be supported on shallow foundations preliminarily designed for a maximum allowable contact stress of 2,500 pounds per square foot (psf)for dead plus live loads. This value may be increased by 33 percent when considering total loads including temporary wind loads. The bottoms of footings s should be embedded at least 18 inches below lowest adjacent grade. To assure an adequate factor-of- safety against a general shearing failure,strip and monolithic slab footings should be at least 18 inches wide, and isolated footings should be no less than 30 inches wide. Lateral forces may be resisted by passive earth pressure acting on the vertical foundation faces and by friction acting between the bottoms of foundations and the supporting subgrade. We recommend using an equivalent fluid weight of 180 pounds per cubic foot(pcf)to compute passive resistance. Passive resistance in the upper 12 inches of soil should be neglected unless it is confined by a slab or pavement. Frictional resistance may be computed using a factor of 0.30 times the sustained dead loads. The above values include a factor of safety of about 1.5. These values of resistance assume that the foundations are: 1) surrounded by in-situ soil densified by rolling, or clean sand fill which is compacted to 95 percent relative compaction, and 2) able to withstand horizontal movement on the order of'A to %inch. 2 Relativ, compaction refers to the in-placeunit weight �udry of a material expressed as a percentage of tllmaximum dry unit weight of the same material as determined in the laboratory using the Modified Proctor procedure(ASTM D1S57). 0A14110e0reCttu11207.00W tresTA.xrr 3 DAMES&MOORE Foundations preliminarily designed in accordance with the recommendations above are expected to experience maximum total settlements of 1-1/2 inches or less. Differential settlements that occur between adjacent unequally loaded foundations are not expected to exceed 3/4 inch. Due to the granular nature of the subsoils, foundation settlements should occur rapidly and be virtually completed by the end of structural construction. These settlements may cause some minor cracking of block walls. Consequently, final stucco finishes should be deferred until the structure has been completed. 5.4 Concrete Slabs-on-Grade Slab subgrades should be prepared as described under Section 5.2,Site Preparation and Grading. Where transmission of moisture from the subgrade upwards through the slab is objectionable, a moisture barrier should be provided at the underside of the slab. This barrier should consist of a polyethylene sheeting at least 10 mils thick, and should be protected from rupture during construction. 5.5 flexible Asphalt Pavement Pavement subgrades should be prepared as described under Section 6.2, Site Preparation and Grading. We recommend the following preliminary minimum flexible asphalt pavement section for parking areas: • 2 inches of S-1 or S-3 surface course • 8 inches of limestone base course compacted to at least 98% of the Modified Proctor maximum dry density(ASTM D-1557) • . 8 inches of stabilized subgrade with a minimum Limestone Bearing Ratio (LBR) of 30, compacted to at least 95%of the Modified Proctor maximum dry density. Final pavement thickness design,however, should be provided by the project civil engineer. Asphalt pavements should be constructed in accordance with Florida Department of Transportation Standard I Specifications for Road and Bridge Construction. 5.6 Construction Considerations 5.6.1 Dewatering • • Seasonal groundwater was encountered at 12.5 feet below existing grade at the completion of drilling. Even with variations, groundwater is not expected to have a significant adverse impact on foundation and other excavations associated with low-rise, lightly loaded structures. However, excavations for deep utilities may require dewatering by wellpoints. 13:114l OEOTECH13SZ07.00MEQUESTA.RPT 4 DAMES &MOORE 5.6.2 Excavation Stability • Based on the density of the near surface soils, we judge that shallow excavations up to 5 feet will likely stand vertically unsupported for short periods. Deeper excavations into the sands will have to be sloped back in order to remain stable. If required, the selection and design of a deeper excavation support system is the responsibility of the contractor, and any such system should be designed and sealed by a registered structural engineer and reviewed by a qualified geotechnical engineer. The contractor will be required to comply with all the requirements of the Occupational Safety and Health Administration (OSHA) with regard to excavation support and the protection/ safety of workers entering excavations. 6.0 LIMITATIONS OF REPORT This preliminary report has been specifically prepared for the approximately 13-acre parcel at the 1 southwest corner of the intersection of Old Dixie Highway and Village Boulevard, in Tequesta, Florida. The recommendations which have been discussed herein are based on Dames&Moore's preliminary interpretation and understanding of the project needs, site conditions, and on the results of engineering analyses. Dames&Moore warrants that its services are performed, within the limits prescribed by its Clients, . . with the usual thoroughness and competence of the consulting profession, in accordance with the .- ...standard for professional services at the time those services are rendered. No other warranty or - representation, either expressed or implied, is included or intended in its proposals, contracts, or reports. As the project plans develop and building types and layouts are defined, additional geotechnical investigation will be required to provide final geotechnical design recommendations for the project. Dames & Moore should also perform an adequate level of investigation and construction phase monitoring and earthwork inspection to ensure that exposed subsurface conditions are consistent with those encountered in the borings, and that our recommendations are properly implemented. This report is preliminary and should not be used for final geotechnical design of any structures at the site without the prior approval by Dames&Moore. It should also not be used without prior approval by Dames&Moore if-the site nature location or ownership changes. Furthermore;this report should not be used for any other sites. -oOo- - a:%t41 OEOTrcH 3$2m.00ATEQuesTA.R7r 5 DAMES&MOORE • I/4 Dames&Moore appreciates the opportunity to be of service to you. Please feel free to contact us if you have any questions or comments regarding this report. Respectfully Submitted, D S & M ORE 0 Thomas F.Muffin,P.E. Associate Fernando Parra,PhD. Project Engineer - FPS Attachments: _ Plate 1 Boring Location Plan Appendix A Boring Logs ' i , ' a:1uiwaoTecx sm.002 TEQUssrA.RPT 6 ' ' DAMES&Moo :ffpx.a//_7 5. () , _ _ , _,. ____ . . _ . �Q 34 . A f>. N14,0 rt.„ •• N 1 *tut% � ����%,�v►• I� / •'=• s a p • a 1. ` i I 1 `fie . c3 it T `\,. -. ; 1 8— i s . tli \ .1 .S • .. IL ..,.. ( cs 3 1 Yl ;.: \T F• IA co • ? a� p)* . W • T , 1 i kt .• m U r � _ a.wry era 0 \%; 11,,V a a o _ e <'. . i 1 it.% V�1, 1�. Al VI A \a 'A..eG clt . I \ . . L 7 NItti 1 r _ �' 0. r••• N CIA \ \IN...1...4 it \, ,....t. c M r o Tao Z BORING NUMBER AND APPROXIMATE LOCATION IZSBMMilel Z XIM MIMED BY DAMES ANO MOORS ON JANUARY 23. 1998 APPROXIMATE SCALE IN FEET • 0 7 M PROJECT: VACANT 13.0 ACRE PARCEL ° ; DAMES&MOORE . p LOCATION: TEQUESTA, FLORIDA •O"""•moat aO"COW *NJ PLATE 1 r ---- ni0 • • • • t:.. APPENDIX A . • BORING LOGS • APPENDIX A BORING LOGS The subsurface conditions of the site were explored with two (2)preliminary engineering borings drilled by Southern Drilling, at the locations shown on the Boring Location Plan, Plate 1. The borings were drilled with truck-mounted machinery to a depth of 15 feet each, using rotary drilling techniques. Samples of the in-place materials were recovered at frequent intervals with a standard split barrel sampler advanced where necessary with a 140-pound hammer falling 30 inches (the Standard Penetration Test per ASTM D1586). No casing or drilling mud were required.Logs of the borings are presented in this Appendix as Plates A-1 and A 2. Soils encountered were preliminarily classified in the field by a geotechnical engineer from Dames&Moore. Final classifications and soil stratigraphy definition were developed based on the field logs as supplemented by additional examination in the laboratory, in accordance with the Unified Soil Classification System. The following plates are attached and complete this Appendix. Plate Number Description A 1 Log of Boring B-1 A 2 Log of Boring B-2 • l , 0Au41 oEorrctnua2o7.o n TEQupsrA.Rpr 1 DAMES&MOORE 1 /� 13 z ^, 3 BORING B-1 W a i APPROXIMATE GROUND SURFACE ELEVATION +15.5 NGVD. cr $ w c> WATER LEVEL AT 12.5 FEET BELOW EXISTING GRADE 1/23/98. • 3 E W Er. M a m M DESCRIPTION 0 7 0 SP GRAY-TAN FINE SAND WITH OCCASIONAL ROOTS. LOOSE. a- .'.....-.....•.....•.....i...."....•......*...•Q 9 0 - UGHT BROWN TO TAN FINE SAND. LOOSE. O 10 a - GRADES WITH OXIDATION STAINS. _ I w } SP 1m m 5�. 9 0 -.• . 1 --• • • coo 16 0 .• .• •• SP YELLOW-RED FINE SAND WITH SILT. MEDIUM DENSE. . �...�1 I.- > "•""' BROWN TO YELLOWISH BROWN FINE SAND. TRACE SILT. MEDIUM STIFF. C a 14 Q 10— •::::.::.' 3 SP .. IraS.: m I- W 18 0 ........ m v BROWNISH YELLOW FINE SAND. MEDIUM DENSE i i CD U Sc' 20 0 --'' . 15 •........ - BORING TERMINATED AT 15.0 FEET ON 1/23/98. • • I - • 1 • • r-- N 0 0 N. 0 • N CO r ) d Z CO O 0 STANDARD PENETRATION TEST i WATER LEVEL LOG OF BORING m ki PROJECT: VACANT 13.0 ACRE PARCEL D.J DAM" "�°°"`w01°0M""ES&MOORE o LOCATION: TEQUESTA, FLORIDA =ji PLATE A—t1 r 107 • BORING B-2 0L o a • APPROXIMATE GROUND SURFACE ELEVATION +17.0 NGVD. 8 w c WATER LEVEL AT 12.5 FEET BELOW EXISTING GRADE 1/23/98. e O a. 4 Q n DESCRIPTION O 8 0 .• SP GRAY-TAN FINE SAND WITH OCCASIONAL ROOTS, LOOSE. tri C 5 : 0 -•\•.:•;:.•::. UGHT BROWN TO TAN FINE SAND, LOOSE. N 6 Q --�':.•:::.:'. GRADES WITH OXIDATION STAINS. COCC 5--s• 9 0 .. BROWNISH YELLOW FINE SAND, LOOSE. SP _ . rn 12 0 .:1 J I BROWNISH YELLOW FINE SAND WITH SILT, MEDIUM DENSE. o % 9 0 10 , BROWN TO YELLOWISH BROWN FINE SAND . LOOSE. • 2 be 14 0 GRADES MEDIUM DENSE. W SP .. - . m U - 15 Q �. 15 ....... _ . BORING TERMINATED AT 15.0 FEET ON 1/23/98. • I • •• • • N • 0 0 r` 0 N CO d z m o O STANDARD PENETRATION TEST -* WATER LEVEL LOG OF BORING PROJECT: VACANT 13.0 ACRE PARCEL Doi ®LAMES&MOORE p LOCATION: TEQUESTA, FLORIDA PLATE A-2 • (1 Distribution list: 3 copies Mr. Luis Lamar DAYCO 848 Brickell Avenue, Suite 810 Miami,Florida 33131 2 copies File 1 copy Library - • • i - - a:Uu1wBorecW3S2G1.Oa22ThQU2STA.*rt 3 DAMES&MOORE 19 EXHIBIT K CA P T E C 1870 S.E.Port St.Lucie Boulevard,Port St.Lucie,Florida 34952 • (561)398-8182 • Fax:(561)398-8180 Engineering, Inc. ©OPY • April 1, 1998 113 Mr. Thomas C. Hall Water Systems Manager Village of Tequesta Water Department • P.O. Box 3474 Tequesta, Florida 33469 RE: Lighthouse Cove Apartments Tequesta Water Department Service Questionnaire Dear Mr. Hall: Enclosed please find the Tequesta Water Department Service Questionnaire for the Lighthouse Cove Apartment project, located on Village Blvd., in Tequesta, Florida for your review. If you have any questions or need additional information, please feel free to contact me or Darlene Loven at this office. Sincerely, AA - qc/......%____ -=• VVl. Capra, P.E. • •j:. EAgifieer ifi ,�NC1dc ' , G:\1131VOT1Service quest sub.R Civil Engineering Professionals i 'Ue.7"i"A ravi-rin L mar a i RL'i1V"1" ERVICE QUESTIONN.i RE Date March 31 , 1998 Please fill in all applicable spaces - Please, write N/A if non-applicable . 1 . Project Name: Lighthouse Cove Apartments 2 . Previous or other name (if applicable) of this Project : N/A 3 . Project Location: Village Blvd. , TQguragta, Ftnrir7a Municipality: village of Tequesta 4 . Present Zoning Classification of Property: Mixed Use • • 5 . Fee-Simple Title Holder of Property: Partnership Corporation• - Individual Gary Van Rrnrk r•/n Donner Trust - 6 . Applicant's status with regard to the property. , (Please check where appropriate) . A. Title Holder 0 B. Representative of Owner , 0 C. Developer g1 _ • •D. Mortgage (if applicable) 0 E. Realtor 0 F. Other (specify) . ' 7. Engineer of Record: Name Joseph W. Capra, P_R_ Address: CAPTEC Engineering, Inc. 1870 SE Port St. Lucie Blvd_ , Port St_ T.nr.ia, FT. 14Qc- Phone No. (561 ) 398-8182 8. Utility Contractor: Name . mn ha annnunr•AA Address: Phone No. 9 . Legal Description of the parcel being proposed for service: See attached Legal Description Page 2 - 10 . What type of development planned? No. No. Master or Sq. of of Individually No. of Type of Business Ft . Units Seats Metered Meters Office Restaurant Commercial Stores Laundry Barber/Beauty Shop Single-Family Res. Duplex ; Multi-family apart. -- Individual 252 Townhouse Car Wash Other - Clubhouse 3000 mantenace Slag. 4 U 11. Anticipated water flow requirements. Estimated Estimated Type Average Daily Peak Daily Estimated Flow Flow Fire Flow Offices 1 Restaurant Commercial Stores Laundry Barber/Beauty Shop Single-Family res. ;, Duplexes Multi-family 56,700 gpd 110 gpm 500 gpm Townhouses Car Wash Clubhouse & 1000 gpm Other Maintenace Bldg. 690 gpd 2 gpm r- • Page 3 - 12 . Anticipated construction schedule: Begin June 1 , 1998 to Jan. 1999 13 . If you move forward with this project and a Developer Agreement is drawn up for signature, give the name and address of the Developer and the names and titles of two representatives/officers of the Developer (if applicable) , who will sign the agreement. Davco. 848 Brickell Ave_ Suite 810, Miami, FL 33131 Luis Lamar, Chief Financial Officer 14. It will be necessary for you to submit one (1) signed and, sealed survey and for your Engineer of Record to submit one (1) copy ofti the '.preliminary plot or site plan with this questionnaire. z. 1,1 1• \,\ QQ rft," Signature • I� v()1'. Title . Pi - t Engineer Address CAPTEC Engineering, Inc. 1870 SE Port St. Lucie Blvd. Port St. Lucie, FL 34.952 Phone (561 ) 398-8182 Fax (561 ) 398-8180 Revised 2/12/97 MP.FDr .Svepuestiea - Lighthouse Cove Apartments, Tequesta, Florida LEGAL DESCRIPTION A PART OF SECTION 30, TOWNSHIP 40 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY. FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30 WITH THE EASTERLY RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY, AS RECORDED IN ROAD PLAT BOOK 5. PAGES 144-148. PALM BEACH COUNTY. FLORIDA PUBLIC RECORDS, PROCEED S 22°4I'51° E. ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 246.37 FEET; THENCE N 67°18'09" E. A DISTANCE OF 266.00 FEET;THENCE S 22°41'51" E. A DISTANCE OF 350.00 FEET; THENCE N 76°16'00°E.A DISTANCE OF 209.37 FEET; THENCE N 00°10'06°W,A DISTANCE OF 400.00 FEET TO THE INTERSECTION WITH SAID NORTH LINE OF THE SOUTH WEST QUARTER OF SECTION 30; i HENCE S 89°49'04° W. ALONG SAID NORTH LINE. A DISTANCE OF 81.68 FEET; THENCE N 00°16'13° E. A DISTANCE OF 695.09 FEET TO THE SOUTH LINE OF VILLAGE BOULEVARD AND BEING THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 675.00 FEET AND A CHORD BEARING OF S 74°30'43° W; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31°20'22°. A DISTANCE OF 371.17 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 675.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°54'56°. A DISTANCE OF 281.75 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST. HAVING A RADIUS OF 675.00 FEET; THENCE WESTERLY ALONG SAID CURVE. THROUGH A CENTRAL ANGLE OF 15°22'20°, A DISTANCE OF 181.10 FEET TO THE INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY; THENCE S22°41'51° E ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 498.58 FEET TO THE POINT OF BEGINNING. CONTAINING 596.496 SQUARE FEET OR 13.96 ACRES MORE OR LESS. Dayco Apartment Project (113) Tequesta, Florida February 10, 1998 Village of Tequesta Water Department Calculations *1 Bedroom/1 Bathroom: 64 Units x 250 GPD/Unit 16,000 GPD *2 Bedrooms/2 Bathrooms: 132 Units x 250 GPD/Unit 23,000 GPD *3 Bedrooms/2 Bathrooms 56 Units x 350 GPD/Unit 19,600 GPD 68,600 GPD • 68,600 GPD 350 GPD/ERC = 196 ERCs • *Based on conversations on January 30, 1998 with Tom Hall, Director of the Tequesta Water Department. Sanitary Sewer- ENCON 1 Bedroom/1 Bathroom: 64 Units x 1 2 Bedrooms/2 Bathrooms:132 Units x 1.25 3 Bedrooms/2 Bathrooms 56 Units x 1.25 299 ERC /dcl 113NOT\Water calcs—site plan sub • 1 copy EXµIg1T L EJayco April 24, 1998 113 Village of Tequesta Police Department 357 Tequesta Drive Tequesta, Florida 33469 RE: Lighthouse Cove Apartments Final Site Plan Submittal Coordination Dear Sirs: Please be advised that in accordance with F.A.C. #316 of the Florida Statute, we hereby request that the Village of Tequesta Police Department provide police service enforcement throughout the Lighthouse Cove Apartment complex, pecifically relative to traffic issues. If ou have any questions or need further clarification, please feel free to contact me Si, .. - ii L Chief Financial Officer LL/dcl GA113WOTWOT-ponce dept.ltr • 848 BRICKELL AVENUE, SUITE 810, MIAMI, FLORIDA 33131 TEL: 305-377-8333 FAX: 305-377-1954 (17 ) ExHIBIT M PUBLIC SCHOOL AGED POPULATION AGREEMENT St- THIS AGREEMENT is made this o' day of P Q.\ L 1998 by and between the Village of Tequesta, Florida (hereinafter referred to as the "VILLAGE"), (Dayco Holding Corp., 848 Brickell Ave., Suite. 810), its successors and assigns (hereinafter referred to as the "DEVELOPER"). WITNESSETH: WHEREAS, on January 28, 1992, the VILLAGE entered into an Interlocal Agreement relating to student assignment with the School Board; and WHEREAS, as the VILLAGE has declared its commitment to public school - integration and desires to maintain and enhance a racially balanced public school population within the Village of Tequesta. WHEREAS, the VILLAGE has reviewed the proposed development of the (name of project) project to ensure that it is in accordance with the VILLAGE'S comprehensive plan; and WHEREAS, DEVELOPER desires to enter into this Agreement, consistent with the provisions of the VILLAGE'S Interlocal Agreement with the School Board, evidencing a commitment by the DEVELOPER to strive for a racially balanced public school population in the northern portion of PALM BEACH COUNTY and within that residential area subject to the DEVELOPER'S control pursuant to this Agreement; and WHEREAS, DEVELOPER is the owner of a parcel of land (hereinafter referred to as the "PROPERTY"), which is more particularly shown in Figure "1" and described in Exhibit "A" attached hereto; NOW, THEREFORE, in consideration of the mutual covenants contained herein as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the VILLAGE and DEVELOPER, its successors and assigns agree: 6_7"1 Section 1: PURPOSE AND SCOPE The purpose of this Agreement is to provide terms and conditions under which DEVELOPER assures to the VILLAGE that DEVELOPER will use its best efforts to achieve and maintain a racially balanced public school population, within the residential development subject to this Agreement, so as to further the purpose and scope of the Interlocal Agreement a copy of which is attached hereto as Exhibit "B" and is hereby incorporated herein by reference. Section 2: DEVELOPER COMMITMENTS DEVELOPER agrees to utilize its best efforts to provide for a racial balance in the public school population anticipated to reside in DEVELOPER'S residential development, said development as more specifically described in Exhibit "A", attached hereto and incorporated herein by this reference. For the purposes of this Agreement, "racially balanced public school population" shall mean a public school age population of a racial makeup which meets the public school population racial guidelines promulgated by the school district, as provided in Section 2.03 of the interlocal agreement adopted by the VILLAGE. Racial Balance. DEVELOPER agrees to utilize the following methods to achieve a school population which shall be racially balanced. As a minimum, the following shall be completed by DEVELOPER: 1. The DEVELOPER shall notify the following major area employers and local civic organizations about its proposed development within the northern portion of the County: Adelphia Cable Florida Atlantic University Staff Florida Power & Light Headquarters South Indian River Water Control District Jupiter Medical Center Jupiter/Tequesta Association of Realtors Jupiter/Tequesta/Juno Chamber of Commerce Marquette Electronics Palm Beach/Treasure Coast AFL/CIO • Palm Beach County School Board Palm Beach County Government Staff 1 Palm Beach County Community College Phillips Components Pratt Whitney Southern Bell State of Florida (Palm Beach County/West Pala Beach Offices) U. S. Government (Palm Beach County/West Palm Beach Offices) VA Hospital South Florida Water Management District (Main Office) Suncoast Chamber of Commerce Notification of major area employers shall occur within one year following the date of VILLAGE approval of the residential development. 2. In addition to the above, the DEVELOPER shall advertise in all of the following newspapers and publications indicating the potential housing opportunity within the Village: Broward Times Florida Photo News Miami Times Palm Beach Gazette Suncoast Chamber of Commerce Publication Required advertising shall occur at least once every six months following VILLAGE approval. 3. Dependent on the advertising media chosen all advertising shall include as a minimum the following until all residential units are leased a. Written Advertisements: 1. The advertisement shall include the following statement: "We are pledged to utilize our best efforts to achieve, maintain and enhance ethnic diversity in our community." 2. If the developer depicts humans within the ad, such ad shall include African-Americans. b. If radio advertisements are utilized, the announcement shall as a minimum include the following in all radio announcements advertising the proposed residential development: "We are pledged to utilize our best efforts to achieve, maintain and enhance ethnic diversity in our community." c. If televised advertisements are utilized, the announcement shall as a minimum include the following in all television announcements advertising the proposed residential development: "We are pledged to utilize our best efforts to achieve, maintain and enhance ethnic diversity in our community." - If the developer depicts humans within the television • advertisement, the advertisement shall include African-Americans. Section 3. EFFECTIVE DATE AND TERM OF AGREEMENT This Agreement will become effective upon the date of last execution by the parties hereto. The Agreement shall remain in effect until all residential units within the project are leased Section 4. FAILURE TO PERFORM IN GOOD FAITH DEVELOPER acknowledges that this Agreement is an express condition of its development approval from the VILLAGE. DEVELOPER further acknowledges that pursuant to Florida Statutes Chapter 235, its ability to proceed with development is, in part, predicated upon the School Board's ability to provide school facilities. Accordingly, should DEVELOPER fail to perform the terms of this Agreement in good faith, then the VILLAGE shall withhold all applicable development permits, including building permits and vegetation removal permits, for the residential property subject to this Agreement until compliance is demonstrated. • -3-6) 1/4 1 _ Section 5. APPLICABILITY The provisions of this section shall apply to any residential project approved by the Village Council. For the purpose of this agreement, the term "residential project" shall include any application for subdivision plat approval, or planned residential development approval. Section 6. MONITORING The responsibility for monitoring compliance with the provisions of this agreement shall be the responsibility of the Department of Community Development. Section 7. TERMINATION This Agreement shall terminate automatically if the Development Order issued by the VILLAGE for the property described in Exhibit ,"C' lapses, expires, terminates, or is revoked, and is not renewed or reinstated by the VILLAGE. Section 8. QUARTERLY REPORT The DEVELOPER shall, every three (3) months until all residential units are sold, provide the Department of Community Development the following items to demonstrate the Developer's good faith compliance with the terms and provision of this Agreement. As a minimum, this shall include: a. Copy(ies) of the advertisement(s) or verification of the advertisement (if television or radio was utilized). b. Frequency the advertisement(s) occurred. c. Names of the,media where the advertisement occurred. Proof of advertising and employer notification is required as a part of this Agreement and shall be forwarded to: DEPARTMENT OF COMMUNITY DEVELOPMENT c/o Building Official P.O. Box 3273 Tequesta, Florida 33469 The initial quarterly report shall be filed not later than six months following VILLAGE COUNCIL approval of the petition. Section 9. INDEMNITY Should the rights of either party to enter into and perform under this Agreement be challenged in any law suit, arbitration or administration proceedings (the "legal proceedings") and the VILLAGE and/or the DEVELOPER is made a party thereto, or, the VILLAGE'S or the DEVELOPER'S right to perform under this Agreement or benefit to be derived by the VILLAGE or DEVELOPER from this Agreement be made subject to or effected by such legal proceedings, the VILLAGE and the DEVELOPER hereby agree to bear their own costs and attorney fees, of whatsoever nature, incurred as a result of any of the foregoing events. Should a court of competent jurisdiction invalidate, modify, or in any material way alter this Agreement or the Interlocal Agreement, it may effect the school boundary assignments of the public school population residing in the VILLAGE, and of the public school population residing in the property, which is subject to this Agreement and the Interlocal Agreement. If such action is taken by a Court, the VILLAGE and DEVELOPER are released from their obligations as stated herein. Section 10. GOVERNING LAW The Agreement and the rights and obligations created hereunder shall be interpreted, construed and enforced in accordance with the laws of the United States and Florida. This Agreement shall not be construed against the party who drafted it since both parties have consultants, experts, and/or attorneys of their choosing who have jointly participated in the drafting of this Agreement. In all litigation brought in connection with this Agreement, venue shall lay in Palm Beach County, Florida. Section 11. WAIVER No consent or waiver, express or implied, by any party to or of any breach or default by the other in performance by the other of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligation of such party hereunder. Failure on the part of any party to complain of any act or failure to act or to declare the other party in default, regardless of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder. 13�. Section 12. SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected hereby and shall be enforced to the greatest extent permitted by law. Section 13. FURTHER ASSURANCES Each party shall perform all other acts and execute and deliver all other documents as may be reasonably necessary to carry out the intent and purposes of this Agreement. Section 14. ENTIRE AGREEMENT This Agreement contains the entire Agreement between the parties. No right, duties or obligations of the parties shall be created unless specifically set forth in the Agreement. No amendments or modifications of this Agreement will be binding and valid unless made in writing and executed and approved by both parties. Section 15. BINDING AGREEMENT This Agreement shall inure to the benefit of and shall bind the parties, their heirs, successors and assigns. Section 16. ACCEPTANCE • This Agreement shall be accepted by the parties hereto upon its full execution. Section 17. NOTICE Any notice required under this Agreement shall be forwarded to thefollowing: AS TO THE DEVELOPER: El] Dayco 848 Brickell Avenue,Suite 810 Miami, Florida 33131 133 ©CD FY - RESOLUTION NO. 17 - 94 .- 1 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A FORMAT RELATING TO PUBLIC SCHOOL AGED POPULATION AGREEMENTS TO BE UTILIZED WHEN THE VILLAGE COUNCIL APPROVES A RESIDENTIAL PROJECT. I WHEREAS, the Village Council, as the governing body of the 1 Village of Tequesta, pursuant to the authority vested in Chapter 163 and Chapter 125, Florida Statutes, is authorized iand empowered to consider petitions relating to zoning; and WHEREAS, the Village Council approved on January 28, 1992, an Interlocal Agreement with the Town of Jupiter, Palm Beach County and the Palm Beach County School District related to student assignment; and • 1 WHEREAS, the Interlocal Agreement related to student assignment included all portions of the Village of Tequesta; 1 and 1 WHEREAS, the area included within the Interlocal Agreement • includes all areas of Tequesta subject to the planning and zoning authority of the Village Council; and I WHEREAS, the Village Council is supportive of efforts to 1 create racially and ethnically diverse residential icommunities; and • WHEREAS, the Village of Tequesta is committed to public school integration and racially balanced public school population and communities and will continue to work for and I support these goals; and { WHEREAS, ' the Village Council .desires that developers, in accordance with the Interlocal Agreement, disseminate to minority home buyers information regarding housing opportunities within the Village of Tequesta. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE I VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The "Public School Aged Population Agreement" I for residential developments which are anticipated to 1 generate- students that will attend public schools attached I as Exhibit "A" is hereby approved. Section 2 . The Department of Community Development is directed to include execution of the Public School Aged j Population Agreement as a condition of the development +: approval for all residential projects approved by the Village Council. Ii II Section 3 . The Department of Community Development shall be 1 responsible for monitoring compliance with the terms of these agreements . Section 4. If the Department of Community Development determines there is a failure to comply with the terms of I any Public School Aged Population Agreement, this 1 information shall be provided to the Village Council. I Consistent with the terms of these Agreements, the Village 1 Council may direct that building or other development Ipermits may not be issued for the affected project. Section 5 . The Village Council may waive the requirement for execution of the these agreements for good and sufficient cause, including but not limited to, the items indicated below: • Proof of evidence the residential project will not generate students to attend public schools; • the number of residential dwelling units will generate. a minimal number of potential public school students; • the Palm Beach County School District requests that the developer' s agreement not be executed; or • the residential dwelling units to be constructed are "affordable housing" as defined by the Tequesta Comprehensive Development Plan. Section 6. This Resolution shall take effect immediately upon adoption. THE FOREGOING RESOLUTION was offered by Councilmember • I Hansen , who moved its adoption. The motion was seconded by Councilmember Schauer ,' and upon I being put to a vote, the vote was as follows : Joseph N. Capretta i Ron T. Mackail _I. .. _Elizabeth Carl C . Hansen 1 . 1 The Mayor thereupon declared the Resolution duly passed and adopted this 13th day of April, 1995 . 1 I 6.35 ) , • MAYOR OF TEQUESTA. A a *moos:, Ron T. Mackail • ATTEST: Joann Manganiell. Village Clerk • • • • (1-i-)6 • Department of Community Development do Building Official P.O. Box 3273 Tequesta, Florida 33469 IN WITNESS WHEREOF, the parties hereto have duly executed this Contract the day and year first above written. ATTEST: VILLAGE OF TEQUESTA BY: BY: Village Clerk a or WITNESS: BY: It*7- i ( igna Dayco Holding orp. Luis Lamar, Vice President Title: And Authorized Agent APPROVED AS TO FORM AND (CORPORATE SEAL) - - . LEGAL SUFFICIENCY Village Attorney