HomeMy WebLinkAboutDocumentation_Regular_Tab 11_11/10/2016 RESOLUTION 35-16
A RESOLUTION OF THE VII�LAGE COUNCIL OF THE VII.LAGE OF
TEQUESTA, FLORIDA, MAKING FINDINGS OF FACT; DESIGNATING
PROPERTY LOCATED AT 4534 AND 4546 COUNTY LINE ROAD,
TEQUESTA, PALM BEACH COUNTY, TL 33469, AND IDENTIFIED BY
PARCEL CONTROL NOS. 60-42-40-25-00-001-0030 AND 60-42-40-25-00-
000-1080, AS A GREEN REUSE AREA PURSUANT TO SECTION
376.80(2)(C), FLORIDA STATUTES, FOR THE PURPOSE ' OF
REIiABILITATION, JOB CREATION, AND PROMOTING ECONOMIC
REDEVELOPMENT; DIRECTING THE VILLAGE-CLERK TO NOTIFY
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
OF SAID DESIGNATION; PROVIDING AN EFFECTIVE DATE, AND
FOR OTHER PURPOSES.
WHEREAS, pursuant to § 97- 277, Laws of Florida, codified at § 376.77 —§ 376.86,
Florida Statutes, the State of Florida has provided for designation of a"brownfield area" by
resolution at the request of the person who owns or controls one or more real estate parcels, to
I � provide for their environmental remediation and redevelopment and promote economic
development and revitalization generally; and
WHEREAS, Key Estates Tequesta Senior Housing, LP ("Key Estates") owns two
parcels located 4534 and 4546 County Line Road, Tequesta, Palm Beach County, Florida
33469, and identified by Parcel Control Nos. 60-42-40-25-00-001-0030 and 60-42-40-25-00-
000-1080 (the "Subject Property"), as depicted in E�ibit "A" and more particularly described in
E�ibit "B," arid is developing it for residential use as an Adult Congregate Living Facility; and
WHEREAS, Key Estates has requested that the Village Council of the Village of
Tequesta, Florida (the "Village") designate the Subject Property as the Former Rood Landscape
Green Reuse Area pursuant to § 376.80(2)(c), Florida Statutes, of Florida's Brownfields
Redevelopment Act; and
WHEREAS, the Village has reviewed the relevant criteria that apply in such
designations, as specified in § 376.80(2)(c), Florida Statutes, and has determined that the Subject
Properly qualifies for designation because the following requirements have been satisfied:
l. Key Estates owns the Subject Property which is proposed for designation
and has agreed to rehabilitate and redevelop it; and
2. Rehabilitation and redevelopment of the Subject Property will result in
economic productivity in the area; and
3. Redevelopment of the Subject Property is consistent with the Village's
Comprehensive Plan and is a special exception use under the Village's
Code of Ordinances, and Key Estates received special exception use
approval on August 11, 2016; and
4. Proper notice of the proposed rehabilita.tion of the Subject Property has
been provided to neighbors and nearby residents, and Key Estates has
provided those receiving notice the opportunity to provide comments and
suggestions regarding the rehabilitation; and
5. Key Estates has provided reasonable assurance that it has sufficient
financial resources to implement and complete a rehabilitation agreement
and redevelopment plan; and
WHEREAS, the Village desires to notify the Florida Deparhnent of Environmental
Protection of its resolution designating the Former Rood Landscape Green Reuse Area a
"brownfield area" to further its rehabilitation and redevelopment for purposes of § 376.77 —§
376.86, Florida Statues; and
WHEREAS, the applicable procedures set forth in § 376.80 and § 166.041, Florida
Statutes, have been followed and proper notice has been provided in accordance with § 376.80(1)
and § 166.041(3)(c)2, Florida Statutes; and
WHEREAS, such designation shall not render the Village of Tequesta. liable for costs of
site rehabilitation, including remediation, or source removal, as those terms are defined in §§
376.79(19) and (20), Florida Statutes, or for any other costs, above and beyond those costs
attributed to the adoption of this Resolution; and
WHEREAS, based on the foregoing, the Village believes that adoption of this
Resolution will promote and serve the public health, safety and welfare.
NOW THEREFORE, BE IT RESOLVED BY THE VII.LAGE COUNCIL OF THE
VII..LAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: �
SECTION 1. The recitals and findings set forth in the Preamble to this Resolution are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
SECTION 2. The Village Council finds that Key Estates has satisfied the criteria set forth in §
376.80(2)(c), Florida Statutes.
SECTION 3. The Village Council designates the Subject Property depicted on Exhibit "A" and
described on Exhibit "B" attached hereto and incorporated herein by reference as a"brownfield
area" for purposes of § 376.77 —§ 376.86, Florida Statutes.
SECTION 4. The Village Clerk, or her designee, is hereby directed to notify the Florida
Deparhnent of Environmental Protection of the Village Council's resolution designating the
Former Rood Landscape Green Reuse Area a"brownfield area" for purposes of § 376.77 —§
376.86, Florida Statutes.
SECTION 5. T'his Resolution shall become effective immediately upon passage.
REQUEST FROM KEY ESTATES TEQUESTA SENIOR HOUSING, LP FOR DESIGNATION OF
PROPERTY LOCATED AT 4534 AND 4546 COUNTY LINE ROAD, TEQUESTA; FL 33469,
AS THE FORMER ROOD LANDSCAPE GREEN REUSE AREA, ..
PURSUANT TO FLORIDA'S BROWNFIELDS REDEVELOPMENT ACT
, 1. GENERAL DATA
Development Name �Former Rood Landscape Green Reuse Area �
Atres 8 acres _
Location 4534 and 4546 County Line Road
Folio Numbers 60-42=40-25-00-001=0030 and 60-42-40-25-00-000-1080
Owner/Applicant Key Estates Tequesta Senior Housing, LP
. , ,
2. BACKGROUND �
, Key Estates Tequesta Senior Housing, LF ("Key Estates"), the owner of the above referenced
� property (the "Subject Property"); has submitted a request� to the village of Tequesta seeking
designation .of the Subject�Rroperty as a Green Reuse Area, pursuant to § 376:80{2)(c) of Florida's
Brownfields Redevelopment Act (the "Act"). The purpose of this re.quest is to qualify the Subject
Property for incentives available through Florida's.Brownfields Redevelopment Program �(the "BRP")
that will limit exposure. to environmental regulatory risk and manage. costs associated wifh
contamination investigation and remediation. The Subject Property was #ormerly owned and
operated by the Rood Landscape Company and, during its period of ownership, the Subject Property
became contaminated with agrochemicals typically used in the industry. Key Estates intends. to
redevelop.the Subject Property into an upscale market-rate senior housing community, consisting of �
96 units for age-qualified, private-pay inilependent and functionally deperident residents (th
"Project"). Resort-style amenities will include a zero-entry "beach edge" pool to "facilitate
accessibility, a"tiki-bar designated gardens, and recreation areas, including walking �paths,
pe�golas, rest/meditation space, and fountains.
It is well-documented that landscaping operations are associated with the handling and improper
disposal of hazardous materials, including the application of chemical pesticides, herbicides, and
fertilizers (collectively "agrochemicals") that are knov►in to result in localized soil and groundwater
impacts. As a result of the Subject Property's historical use and the historical application of
agrochemicals, there is arsenic contamination in the soil and groundwater. Soil and groundwater
rrmonitoring and cleanup has been; and will continue to be, conducted at the Subject Property to
address elevated arsenic concentrations under the close oversight of the Florida Department of
Environmental PCotection ("FDEF").
The presence of contamination and ongoing cleanup has significantly complicated redevelopment
efforts for Key Estates by imposing design and constr.uction changes on fhe Swbject Property that
would not be_ required at_a clean site. In addition, the presence.of contamination increases Key
Estates' exposure to environmental and regulatory liability with respect to redevelopment .of the
Subject Property and makes it materially more expensive and time consuming to move fonnrard with
{00016938.DOCX.1 } �
the Project. For example, onsite soil contamination will require special handling and very specific
regulatory approvals; as such, soil management during construction activities will be subject to a
level of envir.onmental review and scrutiny that would not otherwise apply to a clean site. These
� risks and .added :expenses complicate redevelopment of the Subject Property and have led Key
Estates to seek designation of the parcels as a Green Reuse Area,. pursuant to the BRP, which would
enable it to benefit from state=funded tax credits as a way to offset the additional costs of
remediating and revitalizing the Subject Property.
The BRP is a redevelopment tool that is administered by the FDEP. Remediation and reinvestment
• in brownfield .properties facilitates job growth, utilizes existing infrastructure, increases local tax
bases, removes development pressures on undeveloped open land as well as both improving and
protecting the environment. The BRP creates jobs,� promotes voluntary cleanup, prevents the
premature development of greenspace (farmland, open space and natural areas), reduces public
cost for installing infrastructure in greenspaces, encourages the highest and best use of blighted
properties, minimizes or eliminates the need for environmental enforcement or state-funded
cleanup, and encourages� community revitalization. Brownfield redevelopment i.s of great
importance in Florida where balancing strong economic and community growth with suburban
sprawl i:s an ongoing challenge.
, By statutory definition, brownfields encompass real property where expansio.n, redevelopment, or
reuse of which has been or may be complicated by actual or .perceived environmental
contamination. Since 1997, the BRP has made. available a wide array of financial, regulato.ry, and
technical incentives to local governments, businesses, and communities to catalyze environmental
cleanup and economic redevelopment of marginalized or otherwise underutilized properties, In
addition to providing economic incentives to experienced developers Iike Key Estates, the BRP
provides substantial benefits to the co,mmunity where the designated property is locatecl. In doing
so, the BRP has encouraged confidence in neighborhood revitalization and investment of. private
capital in land reuse and job creation in hundreds of communities throughout Florida. According to
figures provided by the FDEP, as of September 2U16, 406 areas covering more than 266,000 acres
have been designated as brownfields, generating over $2.7 billion in private capital investment, and
contributing to the creation of more than 65,000 confirmed and projected direct and indirect jobs.
Brown�eld areas have enjoyed a wide range of redevelopment uses,.including affordable housing,
community health clinics, retail and commercial, renewable energy, transportation facilities, and
conseroation and.recr.eation. Witti designation of the Green :Reuse Area, the Village of 7equesta
would likely experience significant benefits including economic redevelopment and growth, job
creation, environmental restoration, and more suitable growth patterns in the area.
For a discussion of Brownfield case studies, please see the Florida Brownfields Redevelopment
Annual Report, dated August 2016, which can be found here:
htt�://www.dep.state.fl.us/waste/auick topics/publications/wc/brownfields/AnnualReport/2016/2
015-16 FDEP Annual.pdf.
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Key Estates received a Special Exception Use approval by Village Council on August 11, 2016. As part
of the current Site Plan Review application; Arcadis U.S., Inc., Key Estates' environmental.consultant,
pcovided to the Village a report containing a summary of confirmatory-cleanup assessment results
for historic arsenic impacts in soil and groundwater at the Subject.Property (August 31, 2016).
In accordance with the BRP, and in order to facilitate redevelopment, reuse, and cleanup of the
parcels, ,Key Estates is seeking to designate the Subject Prope.rty as the "Former Rood Landscape
Green Reuse Area:" Required action includes two (2) public hearings and designation by resolution.
If approved, Village of Tequesta Staff will notify the FDEP of the designation.
3. ANALYSIS
Under the applicable statutory criteria, two public hearings are required to adopt a G,reen Reuse
Area Designation Resolution (the "Resolution"), which the local government must approve if the
following five statutory criteria are d.emonstrated by the applicant.
(1) A�reement to Redevelop the Brownfield Site. As the ficst requirement for designafion, Florida
Statutes § 376.80(2)(c)(1) provides that "[a] person who owns or controls a potential brovi►nfield
site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield
site." �
The .applicant, Key Estates satisfies this criterion,.-first, in that it owns the Subject Property by
virtue �of a Specia! Warrdnty Deed, dated December 20, 2013, and recorded in Book 26521, Page
. . .
1154 of the Public Records of Pa/m Beach County, Florida. The deed is available at Attachment C
of Key Estdtes' undeclying designation request, submitted to the Village on October 18, 2016 (the .
"Application"). Second, Key Estates intends to rehabilitate the Subject Property by er►tering into
a Brownfeld .Site Rehabilitation Agreement ("BSRA"J with the FDEP pursuant to the
requirements of Chaptecs 376 and 403, Florida Statutes, and Rule 62-780 of the Florida
Administrative Code.. The BSRA sets strict timelines and formal and ongoing oversight by the
FDEP. Finally, following the proposed designation by the Village, Key Estates wil! redevelop the
Subject Property as summarized above. The Project is described in greater detail in the
Investment 5ummary for the Project, available at Attachrrient A of the Application. For these
reasons, Key Estates meets this first criterion. �
(2) Economic Rroductivitv. As the second requirement� for designation, Florida Statutes §
376.80(2)(c)(2) provides that "the rehabilitation and �edevelopment of the proposed brownfield
site will result in economic productivity of the area, along.with the creation of at least 5 new
permanent jobs at the brownfield site that are full-time equivalent positions not associated with
the implementation of the rehabilitation agreernent and are not associated with redevelopment
project demolition or construction activities pursuant to the redevelopment of the proposed
brownfield site .or area. However, the job creation requirement shall not apply to the
rehabilitation and redevelopment of a brownfield site that will provide affordable housing as
defined in s. 420.0004 or the creation or recreational areas, conseroation areas, or parks."
{00016938.DOCX.1 } 3
Key Estates satis�es this criterion in that the Project will result in significant economic
productivity of the area. The budget for rehabilitation and redevelopment is approximately $39
million, which will be spent in part on local labor, contractors, consultants construction
materials, furnishings, infrastructure improvements, and impact fees. This work will support
approximately 986 temporary construction jobs over the period of development. The
construction workers will spend a percentage of their salaries with local merchants who, in turn,
will reinvest locally in .their respective businesses, as well as the businesses of other local
merchants. In addition, the Project will create 79 new permanent, full-time equivalent positions
not associated with rhe implementation of the rehabilitation agreement and not associated with
development project demolition or construction activities.
Whot's more, the recognized litecature shows senior housing communities substantially
contribute to the economic productivity of an area in the form of job creation; stimulation of the
loca! economy by residents, and transformation of vacant land into economically productive
communities. It is widely recognized fhdt Florida has a large and growing population of. seniors;
looking forwbrd the Florida Assisfed Living Federation of America has estiinated #hat Florida's
population will grow by almost 4.8 million between 2010 and 2030, and Floridians age 60 and
oldec will account for 56.9% of this growth. The Village of Tequesta has the opportunity to
benefit from this growth in a number of ways. First, according to the Aging & Disability Resource
Centerof Broward County; Florida seniors have an estimated $135 billion annual spending power
and, statewide; seniors account for 50% of oll new home construction. The resort-like dmenities
included in the Rroject will serve to attract some of this spending . to the Village of Tequesto.
Second, the Flocida Health Care Associotion estimates that the assisted living industry supports
an estimated $20.2 billion of Florida's economy. The industry also contributes to nearly 259
jobs and supports $9.1 billion in labor income through employment� of caregivers and support
staff, annually: These numbers mean that the Project is likely to result in additiono! jobs and
added direct and indirect economic stimulation within the Tequesta community. Designation of
the Subject Property dnd subsequent development of a senior housing community by Key Estates
wil! prepare the Village of Tequesta for these rising numbers and ensure that the Village's
I � economy is able to maximize its benefit from the influx of new residents, jobs, tax revenue, and
�I other economic benefits associated with senior housing and long term care. For the reasons.
discussed herein, Key.Estates meets this second criterion.
(3) Consistencv with Local Comqrehensive Plan and-Permittable Use under Local Land Develoament
Re�ulations. As the third requirement for designation, Florida Statutes § 376.80(2)(c)(3)
provides that "[t]he redevelopment of the proposed brownfield site is consistent with the local
comp�ehensive plan and is a permittable use under the applicable local land development
regulations:' �
Key Estates satis�es this criterion in thut the Subject Property is located in the Village of
Tequesta's R— 2 Multiple Family Dwelling District, which permits multiple family dwellings ond
{00016938.DOCX. 1 } 4
__
adult congregate living facilities, induding assisted living facilities. As such, the Project, as
described above, is specifically permitted by code. See § 78=174 of the Village of Tequesta,
Florida Code of Ordinances. .In addition, the Subject Property is located within the Medium
Density Residential distr.ict of the Village of Tequesta's Comprehensive Plan, wihich allows for the
development of 12 residential units per acre. See Table FLU-1, Future Land Use Districts, Density
and Intensity Standards, Village of Tequesta Comprehensive Plan (July 7, 2014J.
Furthermore, Key Estates received a Special Exception Use approval by Village Council.on August
11, 2016. The subject application reviewed the environmentol concerns, and consistency with
the Village's Comprehensive Plan and Code of Ordinances. See attached approved Development
Order#hat includes conditions of approvals.
Accordingly, the redevelopment is consistent with the local plpn and a permittable use under the
applicable local land development regulations: and Key Estates meets this third criterion.
(4) Public Notice and Comment: Florida Statutes § 376.8U(2)(c)(4) stipulates that "[n]otice of the
proposed rehabilitation of the brownfield area has been provided to neighbors and nearby
residents of the proposed area to be designated, and the person proposing the area for
designation has afforded to .those receiving notice the opportunity l for� comments and
suggestions about rehabilitation. Notice pursuant to this subparagraph m.ust be posted in the
affected area." . Additional notice requirements pertaining to applicants other than a
governmental entity can be found at Florida Statutes § 376:80(2)(c)(4) and consist of publication
in a newspaper of general circulation in the area, publication in ethnic newspapers or local
community bulletins, and announceinent at a scheduled meeting of the local governing body
before the actual hearing.
Key Estates satisfies the fourth criterion by meeting dll applicoble notice and opportunity to
comment requirements established by Florida Statutes by posting notice at the Subject Property
and in several community publications. First, Key Estates published notice in the Legal Notices
" section of the Palm Beach Post on October 18; 2016; #he weekday Palm Beach Post reaches an
audience of approximately 323,600 readers and provides cove�age of Palm Beach County qnd
the Treasure Coast. Additionally, Key Estates published notice in the Palm Beoch County
Community Bulletin section of Craig's List on October 18, 2016. Both of . these notices were
oimed to reach stakeholders and other interested members of the community and contained
substantially the following narrative:
Notice of Community Meeting and Public Hearings for Proposed Greea Reuse Area
Designation Pursuant to Florida's Brownfields Redevelopment Act
A cnmmunity meeting .rhall be condueted on October 2S, 2016, from 5.30 j�.m, to 7:00 j�.m. for
the pur�io.re of a�'arding intere.rted partie.r the opportunity to pmvide comments an�l.rugge.ctions about
the potential cleszgnation of property located at 4534 and 4546 County Iine Bnad, Tequesta, FL
33469, Folio No.r. 60-42-40 25-00-001-0030 and 60-42�0-25-00-000-9080, as a G�en
{00016938.DOCX.1 } 5
___.
Beu.ce Area ursuant to Sec•tion 376.80 c Fl�rida Statutes: The communi meetin to be
,
p ���� �' �
held at the Tequesta Kecreatian Center, located at 399 Seabrook Koad, Tequesta, FL 334G9,
�vill al�o addn.rs future developme�zt ancl rehabilitation actzvrtre.r plannecl for the �ate by the
de.rignatzon applicant, Ke, y Estates Teque,rta Senior Hou�zn� I.I'.
Tivo j�ublic hearings, date.r to be announced, nrill be held at the Village of Tegue.rta Vfllage Hall,
located at 345 Teque.rta Drive, Tequesta, FL 33469. Far mo� information regarding the
community meeting and/or thepublic hearings, including dates for tliepublic hearing.r, or toprovicle
commen�r and sugge.rtion,r �garding clefig�zation, development, or rehabilitation at any time before or
after the community meetrng an�l/orpublic hearings, plea.re contactMichael B. Gol�lstein, mho can
be r�ached by telephone at (305) 777-�682, U.S. Mail at The Goldrtein Envimnmental Larv
Firm, P.A., 1 SE 3r�1 Avenue, Suite 2920, Miami, FL 33139, and/or. email at
mgoldrtein@goldrteinenvla»> corrr.
As detailed in the above notice, Key Estates also hosted a public meeting at tMe Tequesta
Recreation Center, on October 25, 2016, to afford an opportunity for stakeholders and other
members of the public to provide comments and suggestions regarding designation,
development, and rehabilitation of the Subject Property. Finally, Key Estates provided the Village
with pictures of the posting on the Subject Property as well as copies of the ads and the dates
they ran; copies of these notices are enclosed as an exhibit to this report For the reasons
discussed i►erein, Key Estates satisfies the fourth criterion.
(5) Reasonable :Financial .Assurance. As the fifth requirement for designation, Florida Statutes §
376.80(2)(c)(5) provides that "[t]he person proposing the area for designation has provided
reasonable assurances that he or she has sufficient financial resources to implement and
complete the rehabilitation agreement and redevelopment plan."
The total capita! budget of approximately $39 million for the Project will be funded through a
combination of debt and equity. Copies of tbe Mortgage ond Security Agreement and the
Convertible Promissory Note of Key Fstates Tequesta Senior Housing, LP are contained in the
Application.
In addition, Key Fstates and its staff are an experienced real estate investment and development
group that have been involved in over $3 billion in real estate transactions, financing,
development, and investments, globally. Key Estates is supported by a team of highly qualified
real estate and investment professionals and has a strong track record of transforming
properties into world-class senior housing communities throughout Florida. What'S more, Key
Estates' development and operating partner and its staff, AgeWell Living, LLC, are a
sophisticated, experienced, and credentialed senior housing community developer and operator
with 75 yeors of specialized experience. This proven history of leveraging assets wit6r other
capital sources, an impressive track record of success by Key Estates.and its partners, and staff of
quali�ed professionals constitutes reasonable assurances that Key Estates has suff cient financial
{00016938.DOCX. 1 } 6
resources to im lement and com lete the rehabilitation a reement and redevelo ment lan.
P P 9 p P
Accordingly, Key Estates satisfies this fifth criterion.
4. FISCAL IMPACT ANALYSIS
Such designation shall not render the Village of Tequesta liable for costs of site rehabilitation,
including remediation, or source removal, as those terms are defined in §§ 376.79(19) and (20),
Florida Statutes, or for any other costs, above and beyond the costs attributed to the adoption of
the Resolution.
5. FIN14L REMARKS
As part of designation process, the subject application was presented to the Village Council on
October 31, 2016 (announcement meeting). Then, Resolution 35-16 will have two .readings by
Village Council on November 10, 2016 and December 8, 2016. Both readings will be advertised
according to Florida Statutes; 7 days legal ad (first reading) and 5 days legal ads (second reading).
Exhibits:
A. Former Rood Landscape Green Reuse Area Designation Request
B. Copies of Notice Provided at the Subject Property and in Local News Outlets
C. Special Exception Use Approval Order from August 11, 2016
{00016938.DOCX.1 } 7
,
Exhibit A
{00011414.DOCX.1 }
THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. -
Brou�nfields, Tran.racszon.r, Due Diligence, Development, Permittzn� Cleanups d� Comm�»liance
One Southeast Third �venue, Suite 2120
' Miami, Florida 33131
Teleph'one; (305) 777-1680
Facsimile: (305) 777-1681
�vww.goldsteinenvlaw.com
� � � Michael R Goldstein, Esq. .
' Direct Dial: (305) 777-1682
Email: mgoldstein@goldsteinenvlaw.com
October 18, 2016 �
Via Email & FedEx
Mr. Michael R. Couzzo, Jr., Village Manager
Village of Tequesta_
345 Tequesta Drive
Tequesta, Florida 33469 �
Re: Requesf for Designation of the Properties Located at 4534- and 4546 County
Line Road, Tequesta, Florida 33469,: and Identified by Folio Numbers 60-42-
40-25-00=001-0030 and 60-42-40-25-00-000-1080 as a Green Reuse Area
Putsuant to �-376.80(2)(c), Florida Statutes, of Florida's Brownfields
Redevelopment Act
Dear Mr. Couzzo:
On behalf of Key Estates Tequesta Senior Housing LP ("Key Estates"), we axe pleased to submit
this request for designation of the properties located at 4534 and 454G County Line Road, Tequesta,
FL 33469, Folio Numbers 60,42-40-25-UO-001-0030 and 60-42-4U-25-OU-000-1080 (collectively, the
"Subject Property'�, as a"Green Reuse Area" pursuant to Section. 376.80(2)(c), Florida Statutes, of
Florida's Brownfields Redevelopment Act.
Keq Estates proposes to redevelop tlie Subject Property as an upscale market rate senior housing
communitq, consisting of . 96 units for age-qualified, private-pay independent and functionally
dependent residents. Resort-style amenities will include a zexo-entry "beach edge" pool to facilitate
accessibilitq, a"tiki-bar," designated gardens, and recreation areas, including walking paths, pergolas,
rest/meditation space, and fountains. Propertq cards depicting the location of the Subject Property
are enclosed at Exhibit A. �
{p001G9G7.DOCX.1 }
___
I
Mr. Michael R. Couzzo, Jr., Village IVlanager
October 18, 2016
Page 2
Key Esta.tes is applying for the Green Reuse Area Designation due to the fact that there is actual
contamination documented in the soil and groundwater at the Subject Property from its past use as
the location for a landscaping company. This has requited, and will continue to requite, that Key
Estates incur significarit time and expense for technical, engineering, and legal consultants in ordex
to properly conduct environmental assessment and remediation and prepare the . site for
redevelopment and xeuse: The designation has thus become a key part of this ambitious pxoject's
ultimate via:bility by enabling Keys Esta,tes to access certain regulatory and economic incentives to
mitigate and manage the risk and expense associated with the discovery of contamination and the
necessary xegulatory response.. The project will also increase local tax revenues and attract major
new capital investment in the Village of Tequesta.
In considering a xequest for this type of designation, a local government must evaluate and apply the
criteria set forth in � 376:80(2) Florida Statutes. As reflected in the Statement of Eligibility
incorporated herein at Exhibit B, Key Estates meets such statutory criteria. Accordingly, based on
the foregoing, we respectfully request .that staff recommend approval. Of course, as you evaluate
the application and supporting materials, please feel free to contact us with any questions or should
further information be requixed. Thank you.
Very trulq yours, _
THE GOLDSTEIN ENVIROIVMENTAL LAW FIRM, P.A.
� �
Michael R. oldstein
/�g
Enclosures
cc: Key Estates Tequesta Senior Housing, LP
{00016967.DOCX. 1 }
Exhibit A �
{00011414.DOIX.1 }
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Locat�n Address 4534 COUNTY LINE RD
M�ipalrty TEQUFSTA
PazcelCo�rtrolNtm�ber 60-42-40-25-00-001-0030
Subdiv�i�n
Offic'ralRecords Book 26521 Page1154
Sale Date DEC-2013
25-40-42, N 552.98 FT OF E 280 FT OF NW 1/4 K/A GOV LT
Legal Description 1(LESS N 190 FT OF E 150 FT & N 140 FT OF W 65 FT OF
E 215 FT)
Ow�eis Ma�mg address
KEY ESTATES TEQUESTA SR 12Q0 BRICKELL AVE FL 18TH
HOUSING LP MIAMI FL 331313214
D � Piiee Bo �� Sale Type Owner
DEC- 26521 / WARRANTY KEY ESTATFS T�QUESTA SR
2013 �1,100,000 1154 DEm HOUSIIVGLP
MAY 25213 / CERT OF
2012 � 1,900 1389 TiTLE TD BANK NA .
AUG $1400 000 17390 / WARRANTY ��� �
2004 ' ' 1934 DEm
AUG 14062 / WARRANTY
2002 $360,704 0708 DEm ROOD LANDSCAPE INC
D ^ 9 $1,150 � � QUIT CLAIM ROOD FAMIL,Y PARTNIIZSHIP
y
No Fxemption infom�ation Ava�able.
Nu�nber of.Unrts *Total ScNare Feet 0 Acnes 2,6865
Use Code 0000 - VACANT Zo�g -
Tax Year 2016 P 2015 2014
Improver��rt Vah� $0 $0 $0
Iand Val� $407,637 $363,962 $313,760
TotalMarket Value $407,637 $363,962 $313,760
P AllvaL�es are as ofJamiary lst eachyear
Prelanmaty
Tax Year 2016 P 2015 2014
Assessed Vah�e $379,650 $345,136 $313,760
F�cemptionA�wrt $0 $0 $0
Taxable Vah3e $379,650 $345,136 $313,760
Tax Year 2016 P 2015 2014
Ad Valorem $8,175 $7,579 $6,828
NonAd Va.l�rem $1,283 $1,221 $1,221
Total tax $9,458 $8,800 $8,049
4�°�"`��� -= �� GaryR�-�Nikolits �`' Home�.�stead;�Exemp n��
� P�'OQ,@ ��Q�"d�S��` s r F , , .... : � � �
.- - _� , �= , �i ., �,
�°����. . - __; ,� -� �-- F� Ir� } '�ct�a�ounry ` L r .� :: � _ :� �- ' � ii �� f � .
ti "�� , i_- �`��i! /��! -`��.1 �?: t. i;;! ..�---�o��-�,�If��/� .
LocatioII Address 4546 COIJNTY LINE RD
Mwvc�alrty TEQiJFSTA
ParcelCo�olN�ber 60-42-4025-00.Q00-1080
Subdivision
O�cial Records Book 26521 Page1154
Sale I}ate DEC-2013
Legal Descriq�tion � 0-42, W 420 FI' OF NW 1/4 OF NE 1/4 (I,FSS S 779.63
Owneis Ma�gaddress
KEY ESTATES 'IEQUESTA SR 1200 BRICKELL AVE FL 18TH
HOUSING LP MIANII FL 33i313214
Date �ce Bo ��� Sale Type Owner
DEC- 26521 / WARRANTY KEY ESTATES TEQUESTA SR _
2013 $1,100,000 1154 DEm HOUSING LP
�' $1,900 25213 / CERT OF � BANK NA
2012 1389 7ITLE
AUG 17390 / W�►RRANTY
20 � $1,400,000 1934 DEED ��� �
AUG 14062 / WARRANTY
2002 $360,704 0708 D�
D9 $1,150,000 � � QUIT CLAIM ROOD FAMQ,Y PARTNERSH�
No FxemptionInfflm�at�nAvai7ab�.
N�nnber ofUnrts *Total Square Feet 0 Acres 5.3i32
Use Code 0000 - VACANT Zovrog -
Tax Year 2016 P 2015 2014
I�noveme� Value $0 $0 $0
Land Vah�e $805,634 $719,316 $620,100
TotalMarketVah�e $805,634 $719,316 $620,100
P All values are as ofJanuary lst eachyear
Prel�mary
Tax Yeaz 2016 P 2015 2014
Assessed Vah�e $750,321 $682,11U $620,100
FxemptionAmoturt $0 $0 $0 .
Taxable Vahie $750,321 $682,110 $620,100
Tax Yeaz 2016 P 2015 2014
Ad VaIorem $16,156 $14,978 $13,495
NonAd Valorem $1,422 $1,354 $1,354
Totaltax $17,578 $16,332 $14,849
Exhibit 6
' {00008416.DOCX. 1 }
Green Reuse Area Designation Eligibility Statement
Former Rood Landscape Green Reuse Area Designation
4534 & 4546 County Line Road, Tequesta, Florida 33469
Folio Numbers 60-42-40-25-00-001-0030 & 60-42-40-25-00-000-1080
Key Estates Tequesta Senior Housing, LP ("Kep Estates") proposes to redevelop and rehabilitate two
contiguous parcels of land located at 4534 and 4546 County Line Road, Tequesta., FL 33469 (the "Subject
Property'�, as an upscale market-rate senior housing community, consisring of 96 units for age-qualified,
private-pay independent and. functionally dependent residents. Resort-sryle amenities will include a zero-entry
"beach edge" pool to facilifate accessibility, a"tiki-bar," designated gardens, and recreation azeas, including
walking paths, pergolas, rest/meditation space, arid fountains (the "I'roject'�. As demonstrated herein, the
Project meets all five of the applicable designation criteiia set forth at Section 376.80(2)(c), Florida Statutes.z
In addition, the Subject Property meets the definition of a"brownfield site" pursuant to Section 376.79(3),
Flouda Statutes.
I. Subject Properry Satisfies the Statutory Criteria for Designation
1. Agreement to Redevelop the Brownfield Site. As the first requirement for designation, Florida
Sta.tutes § 376.80(2)(c)(1). provides that "[a] person who owns or controls a potential brownfield site is
requesting the designation and has agreed to rehabilitate and redevelop the brownfield site."
Key E,rtates satisfies thzr criterio�a in that it o�am.r the Subj'ect Properly and ha.r ag�e�l ta redevelop and nhabilitate it. See
Special Warranty Deed enclo.recl qt Attac,hmer:t C. Accorclin�, Key E,rtate.r meet� thir firsd criterion.
2. Economic Producdvity. As the second requirement for designation, Florida Statutes §
376.80(2)(c)(2) provides that "[t]he rehabilitation and redevelopment of the proposed brownfield site will
result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the
brownfield site that are full-time equivalent positions not associated with the implementation of the
rehabilitation agreement or an agreement and that axe not associated with redevelopment project demolition
or construction activities pursuant to the redevelopment of the proposed b=ownfield site or aiea. However, �
the job creation requirement shall not apply to the rehabilitation and redevelopment of a brownfield site that
will provide affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation
areas, or parks."
Key Estate,c sati.rfie,c thi.r crfterion in that the Project �vill �.rult in significant economic p�nn�luctivity of the a�a. The bu�lget for
r�habilitation an�l redevelopme�zt zr appmximately ,�39 million, �vhich �vill be .cpent in part on local labor, contractor.r,
consultants, con.rtruc�ion materials, furnishings, infrrutructu� impmvements, and imfiact fee,r. This �vork nrill .rs�port
approximately 986 te�orary con.rtruction jobs over the period of rlevelopment. The constrirction a��orker.r lvill.cpend a percentage
of their ,ralarie,r 1��ith local merchant.r ���ho, in turn, �vill �invest locally in their �,rpective bu.rine.rse.r, as �vell a.r the brr.rine,cse,r of
other local merchants. In addition, the Pmject �vill create 79 ne1�� perinanent, frl11-time equivale�rtpo.ritioru not a.crociatecl n�ith the
implementatzon of the �habilitation agreement and not as,rociated �vith development pmject �Je�nolition or const�izrctzon activiti�r. 3
For the reasons di,rcu,rred herein, Key Ertate.r meet� thzr second criteriorr.
1 ,�gg Investment Summary for the Project enclosed at Attachment A.
= A copy of § 376.80, Flouda Statutes, can Ue found at Attachmemt B to this Eligibility Statement.
3 See Sources & Use Statement enclosed at Attachment D.
{00016965.DOC. 1 }
3. Consistency with Local Comprehensive Plan and Permittable Use under Local Land
Development Regulations. As the third requirement for designation, Florida Statutes § 376.80(2)(c)(3)
provides that "[t]he redevelopment of the proposed brownfield site is consistent with the local
comprehensiue plan and is a permittable use under the applicable local land development regulations."
Ke, y E,rtate.r satzrfie.r thi.r criterion in that the Subject Pmpery i.r located in the Village of Teque.rta's K— 2 Multrple Family
D�velling Di.rtrict, �vhich pernzits multiple family divellings and a�lult cong�gate living facilitie.r, including r�r.ri.cted living facilitie.r.
As such, the Pmject as described above, is .rpecifically pe�mmitted by code. Sgg �' 78-174 of the Village of Teque.rta, Floricla Code
of Ordinanees. In adilition, the SubJ'ect Projierty is located �vithin the Meclium Density Be�idential dirtrfct of the Village of
Tequesta's Compr�hen.rive Plan, �vhich allon�.r for the development of 12 �,rzdentzal unit.r per ac�. See Table FLU Futzrre
Land U.re Dzrtrict.r, Den�ity and Intensity Standards, Village of Tequesta Cor��henrive Plan �uly 7, 2014). Accordin�,
the �development is con.ri.rtent r�rith the local plan and a permit�able u.re under the applicable local land deyelopment �gulatron.r
an�l Key Estatea meets this thfrd crite�ron.
4. Public Notice and Comme.nt. Florida Statutes § 376.80(2)(c)(4) stipulates that "[n]otice of the
proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the
proposed area to be designated, and the person proposing the aiea for designation has afforded to those
receiving notice the oppominity for comments and suggestions about rehabilitation. Notice pursuant to this
subsection must be po5ted in the affected area." Additional notice requiLements pertaining to applicants
other than a governmental entiry can be found at Florida Statutes § 376.80(1)(c)(4)(b) and consist of
pulilication in a newspaper of general circulation in the azea, publication in ethnic newspapers or local
community bulletins, and announcement at a scheduled meeting of the local governing body before the actual
public hearing.
Ke, y Eatates .ratzrfaes all aj�plicable notzce and opponuni�y to comment �qui�ments ertabl'uhe�l ly Floricla Statutes
,�37G.80(2)( and ,� 37G.80(1)( � fa��ys:
(i) notice zr being j�oste�l at tbe Subject Pmpery;
(iiJ notice r.'c beit�g publi,rhecl in the Palm Beach Post;
(iii) notice is l�eingpublzrhed in the Palm Beach County community bulletin section of Craig'.r Lzrt; and
(iv) a community meetzng �vill be hel�l at the Tequerta Becnation Center on October 25, 2016.
All notice.c ��rill contain .rub.ctantrally the follol�ring narrative:
Notice of Community Meeting and Public Heari.ngs for Proposed Green Reuse Area
Designation Pursuant to Florida's Brownfields Redevelopment Act
A community meetrng shall l�e conducted on October 25, 2016, fmm 5:30 p.m, to 7.�00 p.m. for the purpo.re
of af�'or�lfng interr�.rted partie.c the opportunity to pmvicle comments and .n�ggestion.r about the potential
designation of proj�erly located at 4534 anrl 4546 County Iine Iioacl, Tequesta, FL 33469, Folio No.r.
60-42-40-25-00-001-0030 and 60�2�0 25-00-000-1080, ar a Gnen Beuse A�a pur.ruant to Section
376:80(2)(c), Florida Statute,r. The community meetiri� to be held at the Tequesta 13ecr�ation Center,
locate�l at 399 Seab�nok Knad, Teque.rtq FL 33469, »�ill al�o add�.rs fiitrm develoj�ment and
rehabilitatron activitie.r planned for the �ite by the �lerignation applicant, Key Ertates Teq:re.cta Senior
Hosuin� LP.
Tivo public hearing.r, clate.r to be announce�l �vill be held at the Village of Tequesta Village Hall, located at
345 Teque,rta Drive, Teque.rta, FL 33469. For more information �garding the commzmzty meeting and/or
the public hearings, including dates for the public hearrngs, or to j��vide conrments and ,ruugge.rtion.r ngasrling
�lesignatron, �Jevelo�iment, or r�habilitatron at a�ry time befo� or after the community meeting and/or public
hearings, pleare cbntactMichael K. Gol�l.rtein, rvho can be �ached Gy telephone at (305) 777-1682, US
{00016965.DOC. 1 } 2
i
Mail at The Golr�rtein Envi�nmental I�»> Firm, P.A., 1 SE 3rd Avenue, Suite 2120, 1Vliami, FL
33131, and/ or email at mgoldstein@golcl.rteinenvla»> com.
Proof ofpublication orpo.rtzn� a.r appropriate, rvill be provicled to the Vzllage of Tequesta.
5. Reasonable Financial Assurance. As the fifth iequirement for designation, Florida Statutes §
376.80(2)(c)(5) provides that "[t]he person proposing the area for designation has p=ovided reasonable
assurance that he o= she has sufficient fmancial resources to implement and complete the rehabilitation
agreement and redevelopment plan."
The total capital budget of appraximately ,$39 mzllzon for the Pn� ject �vill be funded th�ugh a combination of �lebt and equity.
See Mortgage ancl Security Agreement at Attachment E. See Converlrble Promisrory Note of Ke,y Estates Tequesta Senior
Hou,rin$ LP atAttachmeritF.
In arlclitzan, Key E.rtates and its .rta$are an experienced r�al estate znve.rtment an�l �levelopmentgrnup that have been involvecl in
over $3 billion in r�al e.rtate transactionr, frnancin$ development, and inve.rtments, globally. Key E.rtate,c i,r ,rs pportecl ly a team
of highly qualified real �rtate and inveftment pmfe.r�ionals and har a st�ng track �corrJ of transforming pr�erCie.r into morlcl-
class se�rior houring corrcmunitres throughout Florida �Y/hat°r more, Key E,rtate.r' development and operating parhier and its
sta„�; Agei�ell Livin� LLC (`Agei�ell'), a� a sophi.rticate� ex�ierience�� and-creclentialed senior housing community cleveloper
an�l operator �vith 75 year.r of .rpeciali�ed exj�erience. Thi,r p�nven hi.rtory of leveraging ar,ret,c �vith other caprtal .rource.r, an
imp�.rsive track r�cord of succes.r ly Key Ertate,r and its partner.r, and .rta� of qualified p�nfes.�onals canrtitute,r �aranable
a.r.rurances that Key E.rtates har ssr rrcient financial �sources to implement and complete the �habilitation ag�ement and
redevelopmentplan. It therefore satisfres tbi,r fzfth criterion.
. II. Subject Properry Meets the Definition of Brownfield Site
Section 376.79(3), Florida Statutes, defines "b=ownfield site" to mean ". .. real property, the expansion,
redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination."
The facts here evidence that the Subject Properry falls within the defuution of the term "brownfield site" in
that it is the location of the former Rood Landscape Company and there is axsenic and petroleum
contamination in the soil and groundwater as a result of this past use. Specifically, site assessment activities
conducted at the Subject Properry have revealed petroleum contamination from two underground stoiage
tanks formerly located at the Subject Property� and arsenic impacts from agrichemical use.s
As a result of these historical uses, soil and groundwater remediation has been conducted at the Subject
Property to address elevated arsenic concentrations in the viciniry of the former Equipment Vehicle
Maintenance Area and the former Pesticide Storage Locker, where ongoing groundwater monieoring and
remediation will be required under the close oversight of the Florida Deparmient of Erivironmental
Protection. This has significandy complicated redevelopment efforts for Key Estates by imposing design and
construction changes on the Subject Properry that would not be required at a clezn site.b In addition, the
4 T1ie Subject Property is currendy enrolled in the Florida Deparnnent of Environmental Protection's Early Detection
Incentive Program due to the pzesence of pet�oleum constituent concentrations exceeding applicable Soil and
Groundwater Gleanup Tatget Levels (FDEP Facility ID# 508623103).
5 See Correspondence to V'illage of Tequesta, August 31, 2016, t�ansmitting Results of Arsenic ia Soil and Groundwater
Investigation conducted by Arcadis U.S., Inc., enclosed at Attachment G.
� One sucli design change involves the way in which construction dewatering is conducted near or on a groundwater
contaminant plume, wherein special measures aze implemented to ensure that contamination is not diawn towazds a
clean azea. Onsite soil contamination will also require special handling and vecy specific regulamry approvals. Soil
management during construction activities will be subject to a level of environmental review and scrutiny that would not
{00016965.DOC. 1 } 3
presence of contamination increases Key Estates' exposure to environmental and regulatory liability with
respect to the Project and makes it materially more expensive and time consuming to move forward with the
Project.
In sum, the presence of actual contamination at the Subject Property imposes a material level of regulatory,
construction, health, and legal liability risk, and requi�es significant time and money for enviionmenta.l,
engineering, and legal consultants to properly investigate and address. In addition, the presence of actual
contamination has complicated redevelopment and reuse by making it materially more expensive .and time
consuming to move forward with the Project by imposing design and construction changes on the Project
that would not be required but for the presence of actual contamination.
Based on all the foregoing, the Subject Properry clearly falls within the defuution of "brownfield site" as set
forth in § 376.79(3), Florida Statutes.
III. Conclusion
Key Estates has demonstrated that the Subject Property meets the defiiufion of a"brownfield site" and that it
satisfies the five statutory criteria for designation. Accordingly, designation of the Subject Properry as a
Brownfield Area pursuant to § 376.80(2)(c), Florida Statutes, of Florida's Brownfields Redevelopment Act is
appropriate.
otheiwise apply 'to a clean site, in addition to considerable extra costs and scheduling delays. These risl�s and expenses
complicate redevelopment of the Subject Property.
{00016965DOC. 1 } 4
Attachment A �
�,�
.
.
�,�
{00011878.DOCX. 1 }
�I _ � `�'f 11 I��.
KEY ESTATES �
S��l I O I� H O U S�l G�IU�STM ��IT
PA�M BEACH COU�I�'
_. _ � �
�, __ _ �
Unprecedented n � � � -
Demand Boom for � Y � � ' �_� �
j Senior Housing �' �� - . � v=;;
................................................ : � �: ,��
Since 2015, every day 11,500 � �j � r' -�
people in the USA alone `�' ��
celebrate their 70th birthday, a � 1 . 4 ~•---� _� -t' �' °
_.. _:.�.� 4 '
� trend that will last for the next �' '` �
' _ ' .. ;.;
20 years, for a population = -��-- ;� ._ . -.�...�.� ":� ` '�
cohort growing at approxi- , � � ~ ,. � .. � � v .� �..
. +rs.clff�,��,,4��sa��.�rx�- - ,, 1�"'"°
mately 4 times faster than the �'�� � ` `�� ,,�, � .�. s�c�� - .- � . ���
: ��.. .
other segments of the �`` -�-- - - _._ _ __� �
I population. The 76m strong �``�"`"'�°`"' - ._ �
' baby boomer generation, out of ' i +��- _ -
, the 330m US population, is T %�� I �� �:' - ,
starting to age creating an � � �,_ - •
unprecedented demand surge 0 - �� �"' : r:�` ' _... -
, for specialist service-enriched � — ��r =� !q-��
housing in the present limited ;, `' '�) ' ;` I
i 1.5m unit $150bn capitalized °��'"` •�} � � �-� '��� �'`
.s,o � , „„ .
i senior care property market. In z . ,. ,�� .�_ �' , �,I� �
' 2013 9J% of 75+ population _ ,, , �
, lived in private pay Senior '� �' _- Proposed Builr►r,�
I Housing residences. ��� � "'"�� �✓' '
. �` "'— l . . ,'�
Boomers: the wealthiest _ - ����� � �, - :�: ��` �� � �`" � �� � �
. „z — -
.—, �..�.�_� ar i e �.��,..�a. �i:
L�In�t �� � - - I.nrc
I 'I COIJ 0Y't. �„ ' � � ► 'r � � ' �iE� : „► .
,� '� �i
' `w�7 � � � ~ .
' With an estimated annual _ ��� ^ _ �,�i V � ._ _..
spending power of $2 trillion, � -�
�
' and 50% ($17 trillion in 2015, `� '� �"':"' ''� �" ' ' ' � �
- ,a ;,� ' � .
$29 triilion by 2030) of all US � e' �
=�Jt, p � � � - =� - �'-->' - -- � I
household wealth, the baby , � -� J
boomer cohort tends to seek ' ""°_°.'° �" ..
and is able to afford '
'', maintenance-free living, easy Executive Summar
, lifestyles, increased leisure , � '
!� time, new experiences, also I� Key Estates is developing the above Senior Housing Facility on an 8
, preferring multiple options, acre property it purchased specifically in Florida's upmarket Palm
� customization and control. Beach County. The $38m project will consist of a 178,000 sqft.
I, ' upscale Classical style community offering 124 Senior Housing �
' apartments for age-qualified, private-pay independent and ;
I ' functionally dependent residents, split between Independent Living �
81 apts, Assisted Living, 25 apts, and 18 apts dedicated to
bV�VW,KEY �
KEY ESTATES �
Senior Housing, The Alzheimer's/Memory Care along with separate community amenity
spaces, dining and support areas offering a high level integrated
MUSt HSVe ASSet � continuum of care faciliry. Competitive advantages will be created
Class by offering exclusive and resort-sryle amenities such as large units,
........................................ .
up to date smartly designed interiors, a zero entry "beach edge"
���� pool to facilitate accessibiliry, a"tiki bar", dedicated areas to
I As a real estate asset class, planting one's own flowers and vegetables, and other activities
senior housing has outperformed focused on enabling the enjoyment of Florida's clement climate.
all other property types over the Every unit will overlook attractive manicured gardens with walking
; past 10 years, paths, pergolas, rest and meditation areas, fountains & lush tropical
remaining largely uncorrelated to landscaping.
Oper�ating P�rtner: A�e �ll Living
Fqur� 1:4ww�lle�tl NCftE6
�
T° "�"""" ° " ° �' ° �'� � •^�-� AgeWell has been selected to launch and manage our facility.
m„ .� ..�.,.
•� •^� AgeWell's management team has operated and managed over 100
'°" �� senior living communities for Hyatt, Marriott, Sunrise, Westport,
,�, � �� � ! Greystone, Life-Care and Bell Senior Living. Additionally, AgeWell
successfully developed, managed and sold local competitor "The
' Inn at La Posada" located in Palm Beach Gardens, which has 200
,' � .. .. _ F., .�, „,,„ '� Independent Living residences, 48 Assisted Living (including
� Memory Care) and 40 Skilled Nursing units, giving them deep
the broader market and with low insight, knowledge and track record in the local market. The faciliry
' volatiliry of pricing power: will also be branded a Masterpiece Living Community, a
trademarked and recognized process for successful aging.
i The founder of AgeWell is Mr Larry Landry, ex CIO of the John D.
—"'°""'—°°'—'°'—""'—'"°'""" '� and Catherine T. MacArthur Foundation, the 10th largest private
� �
�, '� foundation in the USA. During his 10 years at the foundation he
^� designed and implemented a strategy to divest, donate and
� ,– i develop over 100,000 acres owned by the foundation in and around
., Palm Beach Counry.
�
fr a� r r r� �/- �/- ('
Commercial Real Es�ate Year-over-Year Asking Ren� Growlh �n�e.SGnl QnG �J Zl �7�1��� �.
T'�,°5 After careful market research and primary market analysis Key
Estates is now in the site plan approval stage. It has assembled the
development, construction and management teams. It expects to
break ground during Q2 2017 for a 14 months build-out phase, 2
year lease-up period, 1 year stabilization and investment exit in year
5, or possibly or longer term hold after refinancing.
The total investment for the project is around $38m. Expected Gross
IRR is around 23% on a loan to value of 75%.
Senior Population Growth in the USA:
�
For further information lease contact: '
I {� Source: US Census Bureau
� 5D .75+ PoPUletlon � Anrniel Gtwvth Rate (%1 5 �
THOMAS FALJRE R�MANELLI I
C E ❑ �p 4X i
�I TFR@KEY I
Z �0 99L I
KEY ESTATES ' �7
J
, 7 20❑ BRICKELL AVENUE ', � ZO 2X
� 1 BTH FLOOR I,
10 14L
� MIAMI FL 331 31 '�
I
TEL: 786-350 907 1 0 09G
2012 2016 2020 2U24 2028 2032 2036 21N0
WWW.KEY-ESTATES.C❑M .2
Attach ment B
{oo0��$�8.00�. � }
i 10/21/2015 Statutes & Constitution :Vew Statutes : Online Sunshine
Select Year: 2015 • Go;-,
The 2015 Florida Statutes
Title XXVIII Chapter 376 View Entire
NATURAL RESOURCES; CONSERVATION, pOLLUTANT DISCHARGE Chapter
RECLAMATIOIV,.AND USE pREVENTION AND REMOVAL
376.80 Brownfield program administration process.-
(1) The followin� general procedures.apply to brownfield designations:
(a) The local government with-jurisdiction over a proposed brownfield area shall desi�nate such area
pursuant to this section.
(b) For a brownfield area desi�natiorr proposed by,:.
1. The jurisdictional local government, the designation criteria under paragraph (2)(a) apply, except if
the local government proposes to designate as a brownfield area a specified redevelopment area as provided
in para�raph (2)(b).
2. Any person, other than a governmental entity, includin�, but not .limited to, individuals, corporations,
partnerships, limited liability companies, community-based organizations, or not-for-profit corpo�ations, the
designation criteria under paragraph� (2)(c) apply.
{c) Except as otherwise provided, the following provisions apply to all proposed brownfield area
designations:
II 4. Notification to department following adoption.—A local government with jurisdiction over the
brownfield area must notify the department, and, if applicable, the local pollution control program under s.
403. 82, of its decision to designate a brownfield area for rehabilitation for the purposes of ss. 376•77-
376.86. The notification must include a resolution adopted by the local goverriment body. The local
�overnment shall notify the department, and, if applicable, the local pollution control program under s.
403.182, of the designation within 30 days after adoption of the resolution.
2. Resolution adoption.—The brownfield area desi�nation must be.carried out by a resolution adopted by
the jurisdictional local government, which includes a map adequate to clearly delineate exactly which
� parcels are to be included in the brownfield area or alternatively a less-detailed map accompanied by a
� detailed legal description of the brownfield area. For municipalities the governing body� shall adopt the
resolution in accordance with the procedures outlined in s. 166.041, except that the procedures for the public
i hearings on the proposed resolution must be in the form established in s. 166.041(3)(c)2. For counties, the
governing body shall adopt the resotution in accordance with the procedures outlined in s. 125.66, except
that the procedures for the publie hearings on the proposed resolution shall be in the form established in s.
125.66(4)(b).
3. Right to be removed from proposed brownfield area.—If a property owner within the area proposed for
designation by the local �overnment requests in writing to have his or.her property removed from the
proposed designation, the local �overnment shall grant the request.
4. Notice and public hearing requirements for designation of a proposed brownfield area outside a
redevelopment area: or by a nongovernmental entity. Compliance with the following provisions is required
before designation of a proposed brownfield area under para�raph (2)(a) or paragraph (2)(c):
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a. At least one of the required public hearings shall be conducted as closely as is reasonably practicable
to the area to be designated to provide an opportunity for public input on the size of the area, the objectives
for rehabilitation, job opportunifies and economic developments anticipated, nei�hborhood residents'
considerations, and other relevant local concerns.
b. Notice of a public hearing must be made in a newspaper of general circulation in the area, must be
made in ethnic newspapers or local community bulletins, must be posted in the affected area, and must be
announced at a scheduled meeting of the local goveming body before the actual public hearing.
(2)(a) Loca( government-proposed brownfie(d area designotion outside specified redevelopment areas.
—If a local government proposes to designate a brownfield area that is outside a community redevelopment
area, enterprise zone, empowerment zone, closed military base, or designated brownfield pilot project area,
the local government shall provide_notice, adopt the resolution, and conduct public hearings pursuant to
paragraph'(1)(c). At a public hearing. to designate the proposed brownfield area, the local �overnment must
consider: '
1. Whether the brownfield area warrants economic development and has a reasonable potential for such
activities; . �
2. Whether the proposed .area to be desi�nated represents a reasonably focused approach and is not overly
lar�e in �eographic coverage;
� 3. Whether the area has tential to interest the rivate sector in artici atin in rehabilitation• and
Po P P P � �
4. Whether the area contains sites or parts of sites suitable for limited recreational open space, culturaf,
or historical preservation purposes.
(b) Loca( government-proposed brownfield area desiqnation within specified redevelopment areas.
—Paragraph (a) does not apply to a proposed brownfield area if the local government proposes to designate
the brownfield area inside a community redevelopment area, enterprise zone, empowerment zone, closed
military base, or designated brownfield pilot project area and the local govemment complies with paragraph
(�)(�)� � -
(c) Brownfield area designation proposed by persons other than a governmental entity.=For designation
, of a brownfield area that is proposed by a person other. than the local govemment, the local government with
jurisdiction over the proposed brownfield area shall provide notice and adopt a resolution to designate the
brownfield area pursuant to paragraph (1)(c) if, at the public hearing to adopt the resolution, the person
establishes all of the following:
1. A person who owns or controls a potential brownfield site is requesting the designation and has agreed
to rehabilitate and redevelop the brownfield site.
2. The rehabilitation and redevelopment of the proposed brownfield site will result in economic
productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site that
are full-time equivalent positions not associated with the implementation of the brownfietd site rehabilitation
agreement and that are not associated with redevelopment project demolition or construction activities
pursuant to the redevelopment of the proposed brownfield site or area. However, the job creation
requirement does not apply to the rehabilitation and redevelopment of a brownfield site that will provide
affordable housing as defined in s. 420.0004_or the creation of recreational areas, conservation areas, or
parks.
3. The redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and
is a permittable use under the applicable local land development regulations.
4. Notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby
residents of the pcoposed area to be designated pursuant to paragraph (1)(c), and the person proposing the
area for desi�nation'has afforded to those receiving notice the opportunity for comments and sug�estions
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' about rehabilitation. Notice pursuant to this subparagraph must be posted in the affected area.
5. The person proposin� the area for desi�nation has provided reasonable assurance that he or she has
sufficient financial resources to implement and complete the rehabilitation a�reement and redevelopment of
the brownfield site.
(d) Negotiation of brownfield site rehabilitation agreement.—The designation of a brownfield area and
the identification of a person responsible for brownfield site rehabilitation simply entitles the identified
person to negotiate a brownfield site rehabilitation agreement with the department or approved local
pollution control program.
(3) When there is a person responsible for brownfield site rehabilitation, the local govemment must notify
the department of the identity, of that person. If the agency or person who will be responsible for the
coordination changes during the approval process specified in subsections (4), (5), and (6), the department or
the affected approved local .pollution control program must notify the affected local government when the
change occurs. .
(4) Local governments or persons responsible for rehabilitation and redevelopment of brownfield areas
must establish an advisory committee or use an existin� advisory committee that has formally expressed its
intent to address redevelopment of the specific brownfield area for the purpose of improving public
participation and receiving public comments on rehabilitation and redevelopment of the brownfield area,
future land use, local employment opportunities, community safety, and environmental justice. Such
advisory committee should include residents within or adjacent to the brownfield area, businesses operatin�
within the brownfield area, and others-deemed appropriate. The person responsible for brownfield site
rehabilitation must notify the advisory committee of the intent to rehabilitate and redevelop the site before
executing the brownfield site r.ehabilitation agreement, and provide the committee with a copy of the draft
p[an for site rehabilitation which addresses elements required by subsection (5). This includes disclosing
potential reuse of tfie property as well as site rehabilitation activities, if any, to be performed. The advisory
committee shall review any proposed redeyelopment a�reements prepared pursuant to para�raph (5)(i) and
provide comments, if appropriate, to the board of the local government with jurisdiction over the brownfield
area. The advisory committee must receive a copy of the executed brownfield site rehabilitation agreement.
When the person responsible for brownfield site rehabilitation submits a site assessment report or the
technical document containing the proposed course of action following site assessment to the department or
the local pollution control program for review, the person responsible for brownfield site rehabilitation must
hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findin�s and
recommendations in the site assessment report or the technical document containing the proposed course of
action following site assessment.
(5) The person responsible for brownfield site rehabilitation must enter into a brownfield site
rehabilitation agreement with the department or an appro�ed local pollution control pro�ram if actual .
contamination exists at the brownfield site. The brownfield site rehabilitation a�reement must include:
(a) A brownfield site rehabilitation schedule, including milestones for completion of site rehabilitation
tasks and submittal of technical reports and rehabilitation plans as agreed upon by the parties to the
agreement.
(b) A commitment to conduct site rehabilitation activities under the observation of professional engineers
or geolo�ists who are registered in accordance with the requirements of chapter 471 or chapter 492,
respectively. Submittals provided by the person responsible for brownfietd site rehabilitation must be signed
and sealed by a professional engineer registered under chapter 471, or a professional geologist registered
under chapter 492, certifying that the submittal and associated work comply with the law and rules of the
department and those governing the profession. In addition, upon completion of the approved remedial
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action, the department shall require a professional engineer registered under chapter 471 or a professional
geolo�ist registered under chapter 492 to certify that the corrective action was, to the best of his or her
knowledge, completed in substantial conformance with the plans and specifications approved by the
department.
(c) A commitment fo conduct site rehabilitation in accordance with department quality assurance rules.
(d) A commitment to conduct site rehabilitation consistent with state, federal, and local laws and
consistent with the brownfield site contamination cleanup�criteria in s. 376.81, including any applicable
requirements for risk-based corrective action.
(e) Timeframes for the department's review of technical reports and plans submitted in accordance with
the a�reement. The department shall make every effort to adhere to established agency �oals for reasonable
timeframes for review of such documents.
(f) A commitment to secure site access for the department or approved local pollution control program to
all brownfield sites within the eligible brownfield area for activities associated with site rehabilitation.
(g) Other provisions that the person responsible for brownfield site rehabilitation and the department
agree upon, that are consistent with ss. 376.77-376.86, and that will improve or enhance the brownfield site
rehabilitation process.
(h) A commitment to consider appropriate pollution pre�ention measures and to implement those that the
person responsible for brownfield site rehabilitation determines are reasonable and cost-effective, taking into
account the ultimate use or uses of the brownfield site. Such measures may include improved inventory or
production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials,
and include goals for the reduction of releases of toxic materials.
(i) Certification that the person responsible for brownfield site rehabilitation has consulted with the local
government with jurisdiction over the brownfield area about the proposed redevelopment of the brownfield
site, that the local govemment is in agreement with or approves the proposed redevelopment, and that the
proposed redevelopment complies with applicable laws and requirements. for such redevelopment.
Certification shall be accomplished by referencing or providing a legally recorded or officially approved land
use or site plan, a development order or approval, a building permit, or a similar official document issued by
the local government that reflects the local �overnment's approval of proposed redevelopment of the
brownfield site; providing a copy of the local govemment resolution designatin� the brownfield area that ,
contains the proposed redevelopment of the brownfield site; or providing a letter from the local govemment
that describes the proposed redevelopment of the brownfield site and expresses the local �overnment's
a�reement with or�approval of the proposed redevelopment.
(6) Any contractor performing site rehabilitation pro�ram tasks must demonstrate to the department that
the contractor:
(a) Meets all certification and license requirements imposed by law; and
(b) Will conduct sample collection and analyses pursuant to department rules.
(7) During the cleanup process, if the department or local program fails to complete review of a
technical document within the timeframe specified in the brownfield site rehabilitation agreement, the
person responsible for brownfield site rehabilitation may proceed to the next site rehabilitation task.
However, the person responsible for brownfield site rehabilitation does so at its own risk and may be required
by the department or local program to complete additional work on a previous task. Exceptions to this
subsection include requests for "no further action," "monitorin� only proposals," and feasibility studies,
which must be approved prior to implementation.
(8) If the person responsible for brownfield site rehabilitation fails to comply with the brownfield site
rehabilitation a�reement, the department shall allow 90 days for the person responsible for brownfield site
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rehabilitation to return to compliance with the provision at issue or to ne�otiate a modification to the
brownfield site rehabilitation agreement with the department for good cause shown. If an imminent hazard
exists, the 90-day grace period shall not apply. If the project is not returned to compliance with the �
brownfield site rehabilitation agreement and a modification cannot be negotiated, the immunity provisions of
s. 376.82 are revoked.
(9) The department is specifically authorized and encouraged to enter into delegation agreements with
local pollution control programs approved under s. 403.182 to administer the brownfield program within their
jurisdictions, thereby maximizing the inte�ration of this process with the other local development processes
needed to facilitate redevelopment of a brownfield area. When determining whether a dele�ation pursuant to
this subsection of all or part of the brownfield pro�ram to a local pollution control program is appropriate, �
the department shall consider the followin�. The local pollution control pro�ram must:
(a) Have and maintain the administrative organization, staff, and financial and other resources to
effectively and efficiently implement and enforce the statutory requicements of the dele�ated brownfield
program; and � .
(b) Provide for the enforcement of requirements of the delegated brownfield pro�ram, and for notice
and a right to challenge �overnmental action, by appropriate administrative and judicial process, which shall
be specified in the dele�ation.
The local pollution control pro�ram shall not be delegated authority fio take action on or to make decisions
regarding any brownfield site on land owned by the local government. Any delegation agreement entered into
pursuant to this subsection shall contain such terms and conditions necessary to ensure the effective and
efficient administration and enforcement of the statutory requirements of the brownfield program as
established by the act and the relevant rwles and other criteria of the department.
(10) Local �overnments are encouraged to use the full ran�e of economic and tax incentives available to
facilitate and promote the rehabilitation of brownfield areas, to help eliminate the public health and
environmental hazards, and to promote the creation of jobs and economic development in these previously
run-down, blighted, and underutilized areas.
(11)(a) The Legislature finds and declares that:
1. Brownfield site rehabilitation and redevelopment can improve the overall health of a community and
the quality of life for communities, including for individuals living in such communities.
2. The community health benefits of brownfield site rehabilitation and redevelopment should be better
measured in order to achieve the le�islative intent as expressed in s. 376.78.
3. There is a need in this state to define and better measure the community health benefits of brownfield
site rehabilitation and redevelopment. .
4. Funding sources should be established to support efforts by the and local �ovemments, in �
collaboration with local health departments, community health providers, and nonprofit organizations, to
evaluate the community health benefits of brownfield site rehabilitation and redevelopment.
(b) Local governments may and are encouraged to evaluate the community health benefits and effects of
brownfield site rehabilitation and redevelopment in connection with brownfield areas located within their
jurisdictions. Factors that may be evaluated and monitored before and after brownfield site rehabilitation
and redevelopment include, but are not limited to:
1. Health status, disease distribution, and quality of life measures regarding populations living in or
around brownfield sites that have been rehabilitated and redeveloped.
� 2. � Access to primary and other health care or health services for persons living in or around brownfield
sites that have been rehabilitated and redeveloped.
3. Any new or increased access to open, green, park, or other recreational spaces that provide
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recreational opportunities for individuals living in or around brownfield sites that have been rehabilitated and
redeveloped.
4. Other factors.described in rules adopted by the Department of Environmental Protection or the
Department of Health, as applicable. ,
(c) The Department of Heafth may and is encoura�ed to assist local govemments, in collaboration with
local health departments, community health providers, and nonprofit organizations, in evaluating the
community health benefits of brownfield site rehabilitation and redevelopment. .
(12) A locat govemment that desi�nates a brownfield area pursuant to.this section is not required to use
the term "brownfield area" within the name of the brownfield area designated by the local government.
History.—s. 4; ch. 97-277; s. 3, ch: 98-75; s. 11, ch. 2000-317; s. 2, ch. 2004-40; s. 44, ch. 2005-2; s. 7, ch. 2006-291; s. 5, ch.
2008-239; s. 2, ch. 2014-114.
Copyright O 1995-2015 The Florida Legislature • Privacv Statement • Contact Us
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Attach ment C
{00011878.DOCX. 1 }
„ �•���nr��u��m�tu��ilE����flltlutNUU�I11[�
, C:.�hi 2Q13.`tQM5��1:�'7
CiF� Bji .?a�►?1 �G 1i5� �
� RECC�RDEn 12/2�I2�33 if:�4:11
� palm Beach Ca�nty, Florida �
A�1T 1; 3�f�. 000. fl�
Uac �atamp ?. 7QtQ�. �Q� �
Sharon R. Auck� CLEFtK 8 CO�1PTkOLLER
PREPARED BY/RE7URN T0: Robin Fqs Y3�9 - 11�5; ( 3pqs)
American Home Title of Tampa Bay,lnc.
6703 North Himes Avenue
Tampa, Florida 33614 .
FILE NO,: AMT120496 �
' � SPEC►A�L WARRA�NTY DEED -
' THIS SPECIAL WARRANTY DEED Made this 20th day of December, 20�13
by:_TD�Bank,:NA having its principat pl.ace of business.at 104.South Mairr Street Greenville,
SC _29601 hereafter cailed the Grantor, to Key Estates Tequesta Senior Housing, LP, a
Florida limited partnership, whose mailing address is: 1200 Brickell Ave., 18th Floor Miami, FI
33931, hereinafter-called the Grantee:
Wherever usecJ herein the terms "grantor” _and"grantee" include all the parties in this
instrument and the heirs, legai representatives and assigns of individuals, and the-
successors and asigns of corporations. � �
WITNESSETH: That the grar�tor for and irr consideration of 4he sum of $10.00 (TEN) �
Dollars and other valuable considerations, receipt whereof is.Fiereby acknowledged, by these
presents does g[ant, bargain, sell, alien, remise;. release, convey and confirm unto the "
grantee, all that :certain.land situate in Palm Beach County,: �forida, viz
See Attached Extiibit "A" for a more complete and accurate legal description.
TOGETHER with all tenements, hereditaments, and appu�tenances thereto
tielonging or i.n any wise appertaining.
TO HAVE.AND TO HOLD,the same in fee simple forever.
AND the grantor hereby covenants with said grantee that it is lawfully seized of said
land in simple;�that it has good right and lawful authorityto sell and convey said land.;. that
it hereby specially warrants the titfe fo said land and will defend the same against the lawful�
claims of all persons claiming by, through or under the said gratitor. �
IN WITNESS WHEREOF the grantor fi�s caused these p�esents be executed in its name
and its corpo�ate seal to be hereunto afixed by its proper offices thereunto duly authorized,
the day and year above first written.
�; TD Bank, NA
Nam o e�,�i ��c�2C�-' BY: _�` . vP
,��� , Margare t oug hman, V i Presi d t
Lk.'�i�J� '��:.5.5�'-Y
Name: ✓'•�C�YIC�'I" 1�`�
STATE OF:.
. r -
COUNTY OF: . �
The foregoing instrument was ackriowledged before me this 12/20/13 by Margaret
Broughman, Vice President of TD Bank, NA, who is personafly known to me�,oFw#�e-kras
p�ed�eed. _ _�—.------.__.,.. - _--as-ider�tt'�#'ie�atieFl:
WITNESS my signature and official.seal. .
P
. � , �
My Commission Expires: � ,7�„S '�}�- , �
. NOTARY PUBLIC-State of: �,1
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File Number: AHT120496
EXHIBIT "A" - LEGAL DESCRIPTION
Parcel 1:
The East 280.00 feet of Government Lot 1 of Section 25, Township 40 South, Range 42 East,
, Pafm Beach County, Florida, LESS the South 779.68 feet thereof; LESS the North 190.00 feet
•• of the East 150.0.0 feet of said Government Lot 1; and LESS the West 65.00 feet of the East�
215.00 feet of the North 140.00 feet of said Government Lot 1; AND .
Parcei 2:
The West 420.00 feet of the Northwest 1/4 of the Northeast 9/4 of. Section 25, Township 40
South, Range 42 East, Palm Beach County, Florida, LESS the South 779.63 feet thereof.
Folio #60-42-40-25-00-041-0030
�olio #60-42=40-25=00=000-1080
Attachment D
{00011878.DOCX.1}
KETSH: Sources and Uses of Funds
�
.
siceacyu�sidon 5 _ � z,soo,000
SubtotelAequlsltlonCosb 5 _ 2,500,000 .
, Hard Cosffi
Base Construetlon S 25,508,769
PremiumAllouianees $ 450,000
HardCostCoMingeney $ 1,297,938 -
Subtotal Hard Costg $ 27,256,708 �Mar¢st
INITIAL CAPRALPJUION Retea Total 4i 7otel
Design Costs S 791,500
InteHor Cost $ 2,405,818 E.9��tY �p�� S 11,837,763 so.ofs
General DevelopmeM Costs $ 820,000 � Debt CapMal
Pre-0pening MarheUng $ 460,000 Construetlon Loan aoon S 27.154,780 �o.ox
Preopening OperaBons $ 530,OOD Meaanhre Loan o.00ft S
Development end Other Fees $ 1,400,0� Subtotai De6t S 27A54,780 0
Flnancing Cosffi $ 341,548 Tofai ProJeet CaplFalimtlon S 38,792,543 roaax
Reserve Costs and Other
Operatlng Deflek Reserve $ 1,173,553
Deb! Serviw Fundin8 $ 481,999
ProJedCoMingeney $ 681,418:
otalProJeetCosts $ 38,792,543
� 9'��� �����G� �
� �
�
Attachment E
{OOU11878.DOCX.1 } �
�.rtv �v io�c�v�t i i
OR BK 28359 PG 1442
� RECORDED 06/10/2016 12:11:51
� Paim Beach County, Florida
' ; AMT 1,100, 000.00
� MTG DOC 3,854.00
� INTANGIBLE 2,200.00
:��
�� �`,�i��' Sharon R. Bock
_ = h� ��� CLERK & COMPTROLLER
Pgs 1442-1456; (15Pgs)
This instrument prepai•ed by:
(RGCORD & RETURN TO)
MICHAEL A. FURSHMAV, ESQ.
SOLOMON �X: FURSI-lMAN, LLP
1200 BRICKELL AVENUE, PH 2O00
MIAMI, i'.LORInA 33131
FLORIDA NtORTGAGE
� AND SCCURI.TY AGREEMENT
THiS MORTGAGE is made effective as oY the third day of May, ZOl6, by and"between �
(hereinafter
re en•e to as the "Morteagee") and KEY ESTATES TEQUESTA SENiOR HOUSINC LP a 1=lorida
limited partnership, whose riiailing address is 1200 Brickell Avenue, 18' T'loor, Miami. 1=lorida 33131,
(hereinafter referred to as the "Mort�s�eor"),
W ITNESSETH:
F'or good and v.aluable consideration and to secure the payment of an indebteiiness iii d�e aggregatc
sum oPONC M1LL10N ONE HUNDRED THOUSAND AND 00/l00 DOLLARS {$1;100,000.00) to be
paid in accordance �vitli a promissory note effective as of the third day of May, 2016 made by NIortgagor and
payable to Mortgagee (hereinafter reFerred to as the "Note") together with inte�est thereon and-any and all
renewals, e;ctensions, consolidations or modifications of all ofthe foregoin�, Mortgagor do,es �rant, mortgage
and convey unto Mortgagee, its successors and assigns,.in fee simple, all ofthose certain real propeities of
�vhich Mortgagor is now seized and possessed and in actual possessian, situate at 4534 and 4546 County
Line Road, Tequesta, Florida 33469, in the County of Palm Beach, State of F'lorida, as applicalile, which
are more fully described in Exhibit A attached hereto and made a part hereof, together with the buildings and
improven�ents thereon erected or to be erected (collectively hereinafter referred to as the "Premises");
TOGETHER �vith the following property and rinhts:
(a) AI I right, title and interest of Mortaagor in and to all leases or subleases coverin� the Premises or
a��y portion thereof now or hereaRer eaistin� or entered into, and all right, titic and interest of Mortgagor
thereunder, including, without limitation, all c�sh or security deposits, advance rentals, and de�osits or
payments of similar nature;
(b) All right, title and interest of Mortgagor in and to aN optionsto nurchase or lesse the Premises or
any portion thereof or interest therein, and any greater estate in thc Premises owned or hereafte;r acquired;
(c) All interests, estate or other claims, both in law and in equiiy, which Mortga;or now has or may
hereaRer acc�uire in the Premises;
(d) All e�sements, rights-of-way and rights used in connection tlierewith or as a mea�is of access
theretn and all tenements, hereditaments and appurtenances thereofand thereto, all right, titic and interest
R7�e I of t 5
/
�.r rv c� i oucuo4 i�
BOOK 28359 PAGE 1443
2 OF 15
of Mortgagor in anfl to any streets and roads abutting said Premises to the center lines thereof and in and
to any strips _ or gores of land thereiri, all water, sanitary and storm systems that are now or herea�er
located on or adjacent to the Premises; � . �
(e) All machinery, apparatus, equipment, fittings, fixtures and articles of personal property of �
every kind and nature whatsoever, now owned or hereafter owned.by Mortgagor and_which is now or will .
hereafter lie located .in or upon the Premises, or any part thereof, and used or usable in connection with
the use and operation of buildings or for.use in any construction being conducted on the Premises,
(hereinaftei called the "Building Equipment"), it being understood� .and agreed that all Building
Equipment is part and parcel of the Premises and appropriated to the use thereof and, whether affixed or
annexed to the Premises or not, shall for the purpose of this Mortgage be deemed conclusively to be real
estate and mortgaged hereby; and Nlorfgagor agrees to .execute and deIiver, from time to tirne, such _
further instruments as may be reasonably requested by Moitgagee to confirm the lien of this Mortgage on -,
any Building �Equipment; � . .
(fl All,awazds and proceeds,to which Mortgagor is entitled by virtue of any taking of all or any
part of the Premises by condemnation or exercise of`the right of �emirient domain or other taking, as
fiereinafter more particularly set forth; and _ - _ �
(g) All ,rents issues and profts of .the Premises and, all estate, right, title and inteiest of every
nature whatsoever of Mortgagor in and to the same, as hereinafter more particularly set forth;
` The Premises and all of the property, rights, privileges and �franchises granted. herein by
Mortgagor to Mortgagee are collecrively referred to as the "Mort$ased�Propertv."
� TO HAVE AND TO HOLD all and singular .the Mortgaged .Property hereby conveyed, the
tenements; hereditaments and appurtenances thereunto belonging or° in any way appertaining and the
reversion and reversions, remainder and remainders, rents, issues and profits thereof.and.all estate, right,
title, interest,• property; possession, claim and demand whatsoever as well in law, as in equity. of the
Mortgagor in and to the same and every part and parcel thereof unto the said Mortgagee in fee simple.
PROVIDED, HOWEVER,. that these presents are upon the condition that if Mortgagor shall pay
or cause.to be paid to Ivlortgagee the principal and interest payable in respect.to the Note and all amounts
and any�other promissory note secured by this Mortgage, at the times and in the manner stipulated fherein
and herein; all without any deduction or credit for taxes or other similar charges paid by Mortgagor; and
shall keep, perform and observe all and singular tlie covenants and promises in the NoEe, and any renewal,
extension, consolidation or modification thereof, and in this Mortgage expressed to be kept, .performed
and.observed by and on the part of Mortgagor, all without fraud or delay, then. this Mortgage and all
properties, interest and rights granted; mortgaged and conveyed shall cease, terminate and be void but
until same shall occur,. this Mortgage shall o.therwise remain in full force and effect.
ARTICLE 1
COVENANTS AND AGREEMENTS OF MORTGAGOR
To protect the security of this Ivlortgage, _ Mortgagor further aovenants, warrants and agrees with
Mortgagee as follows:
1;01 Pavment of Secured Obligations. Mortgagor shall pay within ten (10} business days of when
due the princ'ipal and interest on the indebtedness evidenced by the Note, charges, fees ,and. principal of,
and interest on, any future advances secured by this Mortgage and shall otherwise comply with all the
terms of the Note and this Mortgage. .
. JJ
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1.02 Title Warranties and Reuresentations. Mortgagor hereby covenants with Mortgagee that: (a)
Mortgagor is lawfully seized of the Premises in fee simple; (b) Mortgagor has full power and lawful right
to convey the same in fee simple as aforesaid; (c) that it shall be lawful for Mortgagee at all times to
peaceably and quietly. enter upon said Premises and every.part thereof; (d) that Mortgagor will make such_
further assurances, if necessary, to perfect the fee simple title to said Rremises in Mortgagee, as may
. reasonably be required; (e) that the Mortgaged Property is free.of all liens:and encumbrances except taxes
for the current year and liens, claims and encumbrances as shown on Ow�ner's policy of title insurance
issued by Chicago Title Insurance Company as Policy No. 97390-2-0951830-2014.7230609=90893321,
Items 2 through 7, inclusive (collectively, the "Permitted Exceptions"); and (fl Mortgagor does hereby
fully wanant title to the Mortgaged Property and every part thereof and will defend same against the
lawful claims of all persons whomsoever except for the Permitted Exceptions. �
1.03 Re4uired Insurance. 1Vlortgagor will, at Mortgagor's sole cost and expense, maintain or
cause to be maintained during the term of this Mortgage with respecf to the Mortgaged Property, and each
part thereof, the following insurance:
General public liability insurance in which both the Mortgagor and Mortgagee are named as
insured in an amount not less than TWO MILLION DOLLARS ($2 as to personal injury or .
death, and ONE HUNDRED THOUSAND DOLLARS ($100,000.00) with respect to property damage,
with such companies that meet .the criteria described':in paragraph (c) below. SucH policy shall also be
endorsed to. cover the liability of ttie Mortgagot with respect to damages arising from any loss or damage
sustained by any person while on the Property.. �
1.04 Deliverv of Policies, Pavment of Premiums. All policies of insurance shall have attached
thereto a lender's loss payment endorsement for the benefit of Mortgagee in form reasonably satisfactory
to Mortgagee. The original policies and renewals sHall be held by Mortgagee or if acceptable to ;
� Mortgagee, a certificate�of insurance for each such policy setting forth coverage, limits of liability, name
of carrier; polisy number, and expiration date. At least fifteen (15) days prior to expiration of each such
policy, Mortgagor shall furnish Mortgagee with evidence reasonably satisfactory to Mortgagee, of
payment of premium and reissuance of a policy continuing insurance in force as required by this
Mortgage. All such policies shall contain a provision that such policies will not be cancelled or materially
amended, which term shall include any reducNon in the scope or limits of coverage, without at least thirty
(30) days prior written notice to Mortgagee. In the event Mortgagor fails to provide, maintain, keep in
force or deliver and furnish to Mortgagee the policies of insurance or certificates thereof, as required by .
this Section, Mortgagee may procure such insurance or, single interest insurance for such risks covering
Mortgagee's interest. Repayment shall be govemed by the provisions of Section 4.03 of tl�is Mortgage,
1.05 Assignment of Policies Upon Foreclosure. In the event of foreclosure-of this Mortgage or
other transfer of title or assignment of the Mortgaged Property in exringuishmenf, in whole or in part of
the debt secured hereby, all right, title and interest of Mortgagor in and to all policies of insurance
required by this Section shall inure to the benefit of and pass to the successor in interest to Mortgagor or
the purchaser or grantee of the Mortgaged Property.
1:06 Indemnifcation; Waiver of Offset. (a) If Mortgagee is made a party defendant to any
lirigarion (including without limitation, any litigation . brought by Mortgagor whether initially or by
counterclaim) concerning this Mortgage or the Mortgaged Property or part thereof or interest therein, or
occupancy thereof by Mortgagor, then Mortgagor shall indemnify, defend and hold Mortgagee harmless
from all liability by reason of said lifigation, including reasonable attorneys' fees and expenses incuned
by Mortgagee in any such litigation, whether or not such litigation is prosecuted to judgment; (b) All
sums payable by Mortgagor hereunder shall be paid absolutely, unconditionally, without notice, demand,
counterclaim, setoff, deduction or defense and absolutely and unconditionally without abatement,
Pege 3 of 15 �� �
�
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suspension, deferment, diminution or reduction. The obligations and liabilities of Mortgagor hereunder
shall in no way be released or discharged (except as expressly provided herein) by reason of: (i) any
damage to or destruction of or any condemnation or similar taking of the Mortgaged Property or any part
tliereof; (ii) any restriction, prevention of or interference with any use of the IVlortgaged Property or any
part thereof; (iii) any title defect, encumbrance or eviction from the Premises or the Improvements or any
part thereof by title paramount or otherwise; (iv) any. bankruptcy, insolvency, reorganization
composition, adjustment, dissolution, liquidarion or other like proceeding relating to Mortgagor, or any
action taken with respect to this Mortgage by any trustee or receiver of Mortgagee, or by any court, in any
�such proceeding.
1:07 Taxes, Utilities and Impos'itions. Mortgagor will pay, or�cause to be paid and discharged, '
on or before tlie last day on which ttiey may be paid without penalty or interest, all such duties, taxes,
sewer rents, charges for water, or for setting oc repairmg meters, and all ; other utilities in the
Improvements or on the Premises or any part.thereof and any assessments and payments which shall be
imposed upon or become due and payable or become a lien upon the Premises.or any part thereof and
sidewalks or streets in front thereof by. virtue of present or future �law of the United States or the State,
� County or City wherein the Premises are located (all-of the foregoing being herein collectively called
"Impositions..") In default of any such paymenf of any Imposition, Mortgagee .may pay the same.
Repayment shall be govemed by the provisions of Section 4.03 of this Mortgage.
Mortgagor will,exhibit to Iviortgagee the o;iginal receipts or other reasonably satisfaotory proof of
the payment of all Impositions which may affect the Mortgaged Property or any part thereof or the lien of
the Mortgage promptly follbwing the last date on which each such.Imposition is payable hereunder.
1.08 1Vlaintenance, Repairs, Alterarions. Mortgagor will keep the Mortgaged Property, or cause
same to be . kept ,in good condition, repair and fully protected from the elements to the reasonable
satisfaotion of Mortgagee and Mortgagor will not do o'r suffer to do.anything which will increase the risk
of fire or other hazazd to, the Premises or any part thereof: Mortgagor will commit .or permit no. waste
thereon and will do or permit no act by which the Mortgaged Property shall become less val.uable.
Mortgagor will not remove, demolish or structurally alter any of the Improvements (except such
alterallons as may be required by laws, ordinances or regulations) withaut prior written permission of
Mortgagee; Mortgagor will complete promptly and in good and workmanlike manner any building or
improvements which may be constructed on the Premises and promptly restore in like manner any
Improvement which may be damaged or destroyed thereon and will pay when due all claims for labor
perfonned and materials furnished therefor. Mortgagor will use and operate, and will require its lessees or
licensees to use and operate the Mortgaged Property in�compliance with all applioable laws, ordinances,
regulations, covenants, conditions and restrictions, and with all applicable requirements of any lease or
sublease now or hereafter affecting the Premises or any part thereof.
1.09 Eminent Domain.
(a) Should the Mortgaged Property or any part thereof or interest therein, be taken or
damaged by reason of any public use or improvement or condemnation proceeding, ("CondemriaHon")
or. should Mortgagor receive any notice or information regarding such Condemnation, Mortgagor shall
give prompt written notice thereof to Mortgagee;
(b) Mortgagee shall be entitled to all awazds, compensation, and other payment or relief
granted in connection with such Condemnation and shall be entitled, at its option, to appear in its own
name or the Mortgagor's name, in any action or proceeding relating thereto. All compensation, awards,
� damages, rights of action and proceeds awarded to Mortgagor (the "Proceeds") are hereby assigned to
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Mortgagee and Mortgagor agrees to execute such further assignments of the Proceeds as Mortgagee may
require;
(c) In the event any portion of the Mortgaged Property is so taken or damaged, Mortgagee
shall have the option in its sole and absolute discretion to apply all such Proceeds, upon any indebtedness
secured hereby, or apply all such Proceeds after such deductions to the. restoration of the Mortgaged
Property upon such�conditions as Mortgagee may determine. Such application or release shall not cure or
waive any default or notice of default hereunder or invalidate any act done pursuant to such notice; and
� (d) Any amounts received by Mortgagee hereunder shall, if retained by Mortgagee, be
applied in payment of any accrued interest and then_ in reduction of the then outstanding principal sum of
the Note secured. hereby, notwithstanding that same may not then be due and payable. Any amount so
applied to principal shall be applied.to the payment of installments of_principal on the Note in inverse
order of their respective due dates. .
1.10, Liens. M.ortgagor will not permit any liens, encumbrances, mechanics', laborer's, statutory
or other lien and chazges upon the Mortgaged Property, except the Permitted Exceptions, and shall. pay
and promptly discharge, at Mortgagor's cost and expense, all such liens, encumbrances and charges upon
the Mortgaged Property or any part thereof or interest therein. . Mortgagor shall have the right to contest
in good faith the validity of any such lien, encumbrance br charge, provided Mortgagor shall first deposit
acceptable security with a court of compeEent jurisdiction sufficient to elitninate the lien as a lien upori the
Premises. If Mortgagor shall fail to: transfer the lien to a bond or otherwise discharge any such lien,
encumbrance oi charge, then in addition to any other right or remedy of Mortgagee, Mortgagee may but is
not obligated to discharge same either by paying the amount claimed to be due or by procuring the
discharge of such lien by depositing in court a bond for the amount claimed or otherwise giving security
for such.claim or in such manner as is or may be prescribed by law.. Repayment shall be governed by the
,
provisions of Section 4,U3 of this Mortgage: .
1.11 Hazardous Waste: Mortgagee acknowledges that the Mortgaged Property is
environmentally impacted. Mortgagor hereby agrees to indemnify Iblortgagee and hold Mortgagee
harmless from and against any and all claims, losses, damages, liabilities, fnes, penalties, charges,
administraNve and judicial proceedings and orders, judgments, remedial action requirements, enforcement
actions of any kind, and all costs and expenses incurred in connection therewith (including but not limited
to reasonable attorneys' fees, paralegal charges and expenses), arising directly or indirectly, whole or in
part, out of (i) the presence on or under the Mortgaged Property of any hazardous materials or releases or
discharges of hazardous materials on, under or from the Mortgaged Property; and (ii) any activity carried
on or undertaken on or off the Mortgaged Property, whether prior to or during the term of the Mortgage,
and whether by Mortgagor or any predecessor in title or any employees agents, contractors or
subcontractors of Mortgagor or any predecessor in title, or third persons at any time occupying or present
on the Mortgaged Property in connection with the treatment, decontamination, handling, removal,
storage, clean-up, transport or disposal of any hazardous materials at any time located or present on or
under the Mortgaged Property. The foregoing indemnity shall further apply to any:residual contamination
on or under the Mortgaged Properiy or affecting any natural resources, any contamination of any property �
or naturaT resources arising in connection with the generation, use, handling, storage, "transport or disposal
of any such hazardous materials, and irrespecrive of whether any such activities were or will be
undertaken in accordance with applicable laws, regulations, codes and ordinances. The obligation of
Mortgagor to indemnify and hold harmless under this Section 1.11 shall survive any foreclosure of this
Mortgage or any transfer of the Mortgaged Property by deed in lieu of foreclosure.
� 1.12 Transfer of Mortsaeed Provertv. It is understood and agreed by Mortgagor that as part of
the inducement to Mortgagee to make the loan evidenced by the Note and secured by this Mortgage,
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. \ .
Mortgagee has relied upon tfie creditworthiness and reliability of Mortgagor. Mortgagor shall not.sell,
corivey, transfer, lease (other than an approved tenant lease) or fiuther encumber any interest in or any
part of the Mortgaged Property without the prior written consent of the� Mortgagee having been obtained.
Any such sale, conveyance, transfer, pledge, lease (other than an approved tenant lease) or encumbrance
made without the Mortgagee's prior written consent shall constitute an Event of Default hereunder. Any
sale, conveyance or transfer of any interest in the Mortgagor to any other entity, individual, firm,
_ partnership or corporation without the Mortgagee's prior written consent shall constitute a transfer
pursuant to the provisions of this section and an Event of Default under this Mortgage. A coritract to deed
or agreement for deed or assignment of beneficial interest in any trust shall constitute a transfer pursuant
to the prov'isions of this Section 1.12 and an Event of Default under this 1Vlartgage. If any person or entity
should obtain any interest in all or any part of the Ivloitgaged Property, pursuant to execution or
enforcement of any lien, _ security interest or other right whether superior, e.qual or subordinate to fhis
Mortgage or the lien hereof, such event shall be deemed to be a transfer. by Mortgagor and an Event of
� Default under this Mortgage.
1.13 Other Mortga�e Liens. Mortgagor represents and warrants that it will perform and
promptly ful.f ll aIl of the covenants contained in any superior or inferior mortgages on any and.all of the
i Premises encumbered hereby. In the event Mortgagor shall fail to do so, Ivlortgagee may, in addition to
I the rights otherwise granted IViortgagee hereunder, at its elecrion, perform or fulfill such covenants of any
such superior or inferior mortgages without affecting its option to foreclose any of the rights hereunder,
� and the cost thereof, together with interest from tHe date of payment at six percent (6%) from the date
incurred until paid by Mortgagor, shall be secured hereby. The failure of Mortgagor to pay any superior
or inferior mortgages when due, and in accordance with their terms, or the failure by Mortgagor to abide
by the terms and conditions of any superior or inferior mortgages shall be deemed a breach of this
Mortgage, and the Mortgagee, at its option, may immediately, or thereafter declare this Mortgage, and all
indebtedness hereby secured, to be immediafely due and� payable. Mortgagor shall not apply for, accept,
or cause to.be made, future advances under any superior;or inferior mortgages so long as this Mortgage to �
Mortgagee, encumbering the properiy described herein remains in force. Mortgagor. acknowledges and
agrees that, in the event it breaches this covenant, same shall be an event of default under this Mortgage,
and in such event Mortgagee shall have the right to exercise any and all of its rights and remedies
provided for herein. Nothing in this Section 1.13 shall be construed to waive the prohibition of further
encumbering the Mortgaged Property without Mortgagee's prior consent.
ARTICLE 2
INTENTIONALLY DELETED
�
ARTICLE 3
INTENTIONALLY DELETED
ARTICLE 4
EVENT OF DEFAULT AND REMEDIES UPON DEFAULT
4.01 Event of Default. The term "Event of Default" wherever used in the Mortgage, shall mean
any one or more of the following events:
I '� (a) Failure by Mortgagor to pay within ten (10) business days of when due and after the
expiration of any grace period, any installments of principal or interest under tlie Note, or any other future
advance secured by this Mortgage, or to pay any other sums to be paid by Mortgagor hereunder.
.
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(b) Other than as provided in paragraph (a), above, failure by Moitgagor to duly keep, perform
and observe any other covenant, condition or agreement in this Mortgage, or any othec instrument
securing the Note or any other instrument or agreement collateral to the Note or executed in connection
with the sums secured hereby, for a period of thirty (30) days after Mortgagee gives written notice
specifying the breach, or the occurrence of an "Event of Default" as defined in such Note which has not
been remediecl within any�cure period, if any, provided for therein.
(c) If Mortgagor or any present or future endorser, guarantor. or surety of the Note shall file a
voluntary petition in liank=uptcy or be adjudicated a bankivpt or insolvent, or file any petition or answer
seeking any reorganization, arrangement, composition, readjustment, liquidation, assignment for the
benefit of creditor's, receivership, wage earner's plan, dissolution or similar. relief under any present or
fiiture Federal BanlQUptcy Code or ariy other present or future applicable federal, state or other statute or
law; or shall seek or consent to or acquiesce in the appointment of any rivstee, receiver or liquidator of
Mortgagor or all or any part of the properties of Mortgagor or of any guarantor or endorser of the Note; or
if within tliitty (30) days after commencement of any proceeding against Mortgagor or any guarantor oi
endorser of the Note, seeking any reorganization, arrangement, composition, readjustment; lic�uidation, ,
dissolution, debtor relief or similar relief under any. present or future Federal Bankruptcy Code, oc of any
other present or future federal; state or other statute or law, such proceeding. shall not have been _
dismissed, or: stayed on appeal or otherwise; or if, within the thirty (30) days after the appointment,
� without consent or acquiescence of Mortgagor or of any endorser or guarantor of the Note, or any trustee,
receiver, or liquidator of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of
the Mortgaged Property, such appointment shall not have been vacated or stayed on appeal or .otheiwise;
or if within ten (10) days after the expiiarion of any such stay, such appoinEment shall not have been
vacated.
(d) Any default under any mortgage superior.or inferior to the Mortgage, or an event that but for
the passage of time or giving of notice would constitute an event of default, even if such default is
subsequently waived, except that in no manner should this provision be construed to allow such superior "
or subordinate mortgage to encumber the Mortgaged Property.
(e) If foreclosure proceedings should be instituted on any mortgage inferior or superior to the
Mortgage, or if any foreclosure proceeding is instituted on any lien, of any kind which is not dismissed or
transferred to a bond within twerity (20) days of the service of foreclosure proceedings on the Mortgagor.
(fl Any breach of any warranty or material untruth -or any material representation of Iv�ortgagor
contained in the Note, this Mortgage or any other instrument securing or evidencing the Note, or in .any �
other instrument given with respect to the sums secured hereby.
(g) If the Improvements on said Premises are not maintained in reasonably good repair.
(h) The transfer, sale, or conveyance of the Mortgaged Property or any interest therein without
prior written consent of Mortgagee in violation of the provisions of Section 1.12. Mortgagor
acknowledges that all subsequent purchasers of the Mortgaged Property or the interest in Mortgagor must
be approved by Mortgagee, and Mortgagee's consent may be conditioned upon a change in interest rate
and/or loan term, as well as payment of an assumption fee. Mortgagee, however, shall be under no
obligation to approve any transfer.
(i) The further encumbering of the Mortgaged. �roperty without prior written consent of
Mortgagee.
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BOOK 28359 PAGE 1449
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(j) If Mortgagor, pursuant to Florida Statutes 697.U4(1)(b), as.amended from time to time, shall
file an instrnment of record :limiting the maximum amount which may be secured by this Mortgage,
4.02 Acceleration Unon Default, Remedv. In the event one or more "Events of Default" as
. above provided shall occur;. Mortgagee shall have the fotlowing remedy: � - `
(a) Mortgagee shall give notice to Mortgagor prior to acceleration following �Mortgagor's "
breach .of any: covenant or agreement in this Mortgage. :The notice shall` specify: (a) the default; (b) ttce
action required to cure the default; (c). a date, not less than 90 days from the date of default or 30 days
from the_date of the.notice is given to Mortgagor, wliichever is greater; by which the default must be
cured; and (d)�that failure to cure the default on or before the date specified in the notice, may result in the
acceleration � of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the �
Property. The notice shall further inform Mortgagor. of the right to reinstate after acceleration and the
right to .assert in ,the foreclosure proceeding -the non-existence of a default or any other defense of
- Mortgagor to acceleration and foreclosure: If the default is not cured on or before the date specified in the
notice, Mortgagee at its option may require immediate payment in full of all sums secured by this
Mortgage withouf further demand. and may foreclose this Mortgage proceeding. In the. event
of a sale by foreclosure, Mortgagee shall not claim any� proceeds from the foreclosure sale that exceed the
amount then past due (including, principle and any accrued inteie.st), and st�ch pro.ceeds shall be paid to
Mortgagor: Mortgagee shall be entitled to collect reasonable in puTSUing the remedies
provided irr this paragrapli. , . �
(b)� � The obtaining of a judgment or decree.on the Note, wliefher in the State of Ftorida oi.
elsewhere, shall 'not in. any way affe.ct the lien of this Mortgage upon..the Mortgaged Property covered
hereby, and any. judgment or decree so obtained shall�be secured hereby to the same extent as said Note is .
now secured. �
4.03 Reoavment of .Advances. In the event :of any expenditures of funds by Mortgagee to
preserve the security of the� lien referenced in tliis Mortgage, such as provisions for payment of taxes or
irisurance premiums or as otherwise .provided for herein, Mortgagor s.hall repay Ivlortgagee for such
expenditures, together with interest on said sums at an interest rate of not greater tlian six percent (6%),
within fifteen (15) days of notice to Mortgagor of such expenditures. These sums shall be secured by this
Mortgage. The Moctgagee shall be the sole.judge of the legality, validity and priority of any lmposition,
o6ligarion and insurance premium, of the necessity for paying such Imposition, obligation and insurance
premium and �of the amount necessary to be paid in satisfaction thereof.
4.04 Exvenses. In the event, of a Default by IVlortgagor, Mortgagee shall pay all reasonable costs
incurred by Mortgagee because of the failure of Mortgagor to promptly and fully perform and comply
with the coaditions and covenants of this Mortgage and the Note secured hereby. All reasonable costs and
expenses so incurred by Mortgagee shall become immediatety due and payable whether or not there be
notice; demand, attempf to collect or suit pending, togethei.with interest thereon at.an interest rate of not
greater than six percent (6%) from the date incurred until paid by Mortgagor. The amounts so paid or
incurred by Mortgagee shall be secured by the lien of this Mortgage.
4.05 Coonerafion of the Parties. Notwithstanding anything to the contrary provided iri this .
Mortgage,or in the Note, Mortgagee and Mortgagor ag=ee that upon a default by Mortgagee that continues
beyond the Maturity Date (as such term is def ned in the Note) and pzior to the permitted sale of the
Morfgaged Properry by foreclosure or otherwise as provided in .this Mortgage, Mortgagee will cooperate
with Mortgagor in Mortgagor's efforts to sell the property within three (3) months following the Maturity
Date of the Note (as such term is defined in the Note) and will use a broker that specializes in the sale of
real property similaz to the Mortgaged Property to assist in the selling of the Mortgaged Properry.
��
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ARTICLE 5
MISCELLANEOUS PROVISIONS
5.01 INTENTIONALLY DELETED.
5.02 INTENTIONALLY DELETED
5.03 Ownershin bv a Limifed Parfnership: So long.as the Mortgaged Property shall be owned or
held by a. limited partnership, such limited partnership shall at all times maintain its partnership existence
and shall be fully authorized to do business in the State of Florida and shall maintain in the State of
Florida a duly authorized registered agent for service of process. Failure.to comply with such obligations
shall be a default under this Mortgage.
5.04 , Statements bv MortQa�or. Mortgagor, within five (5) business days after request in person
or. ten (10) days after ieyuest by mail, will furnish to Mortgagee or any persori, corporation or firm
designated by Mortgagee, a duly acknowledged written statement se#ting fortli the amount of the debt
secured by this Mortgage and stating either that no offsets or defenses exist against such.debt, or, if such
offsets or defenses are alleged to exist, full information with respect to such alleged offsets and/or
defenses.
5.05 Survival of Warranties. All representations, warranties , and covenants of Mortgagor
contained herein or incorporated by reference shall survive the close of escrow and funding of the loan
evidenced by the Note and shall remain continuing obligations, warranties and representations of
Mortgagor during any time when any portion of the obligations secured by this Mortgage rernain .
oiitstanding.
5.06 Successors and Assi�ns. The provisions hereof shall be binding upon and shall inure to the
benefit of Mortgagor, its successors and assigns (including without limitation su6sequent owners of the
Premises) and shall be binding upon and shall inure to the benefit of Mortgagee; its successors and
assigns and any future holder of the Note hereby secured, and any successors or assigns of any future
holder of the Note.
5.07 Notices. A11 notices, demands and requests given by either party hereto to the other party
shall be in writing. All notices, demands and requests by one party to the other shall be deemed to have
been properly given as herein required if sent by (i) United States registered or certified mail, postage
prepaid, or (ii) delivered in person, or (iii) sent by ovemight courier to the address indicated on page 1
hereof or at such other address as a party may from time to time designate by written notice to the other,
any notice delivered to the address set forth in page 1 shall be deemed delivered if delivery thereof is
rejected or refused at the address prov'ided. .
5.08 Modifications in Writin�. This Mortgage �may not be changed, terminated or modified
orally or in any other manner than by an instrument in writing signed by the party against whom
enforcement is sought.
5.09 Cautions. The captions or headings at the beginning of each Section hereof are for the
convenience of the parties and are not a part of this Mortgage.
5.10 Abstract Pronertv of Mort�a�ee. The.abstract or abstracts of title covering the Mortgaged
Property, if any, shall at all times, during the life of this Mortgage, remain in possession of the Mortgagee
and in the event of the foreclosure of this Mortgage or other transfer of title to the Mortgaged Properry in
7�'
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BOOK 28359 PAGE 1451
10 OF 15
extinguishment of the indebtedness secured hereby, all right, title and interest of Mortgagor in and to any
such abstracts of title shall pass to the purchaser or grantee.
5.11 Maximum rate of interest. In no event shall all cliarges in the nature of interest chazged
or taken on this Mortgage or the Note exceed the maximum allowed by law and in the_event such charges
cause the interest to exceed said maximum allowed by law, such interest shaIl be recalculated, and such
excess shall be credited to principal, it being the intent of the parties that under no circumstances shall the
Mortgagor be required to pay �any charges in the nature of interest iri excess of the maximum rate allowed
by law.
5.12 Further Assuiances. Mortgagor will execute and deliver promptly to Mortgagee on
demand at any time or dmes hereafter, any and all further instruments ieasonably required by Moi�tgagee
to carry-out the provisions of this Mo�tgage. Mortgagor will, without limitation upon the generality of
the foregoing, at any and all times, execute, acknowledge, deliver, file and/or record, refile and/or re-
record, all and every such further acts, deeds, powers of attomey, assignment of accounts, conveyances,
� mortgages security instruments, documents and financing assurances in law, and will deposit with
Mortgagee any certificates of title issuable with respect to any pcoperty and notation thereof the security
interest hereunder, as Mortgagee shall reasonably require for the befter assuring, conveying, pledging,
� transferring, mortgaging, assigning, and confirming unto Mortgagee all and singulaz the hereditaments
and premises; estates and property hereby, or by subsequent or collateral instruments, conveyed, pledged,
transferred or assigned, or intended to be, and for perfecting the security interest of Morfgagee in the
Mortgaged Property and other items of security �and collateral now or hereafter held by Mortgagee
pursuant to this Mortgage.
5.13 INTENTIONALLY DELETED.
5.14 Gosts
(a) Mortgagee will pay all costs and expenses reasonably incurred by Mortgagor in the
recording of this Mortgage and all ancillary documents executed in connection therewith, including
without limitation, any recording and filing fees and premiums for any required mortgagee title insurance
� policy and the cost of any required survey. Mortgagee shall also pay for the documentary stamp tax,
intangible tax, as well as the attorney's fees for Mortgagee's counsel in connection with the preparation
and recording of this Mortgage.
(b) INTENTIONALLY DELETED.
(c) In the event of a Default by Mortgagor, Mortgagee shall pay all reasonable costs incurred
by Mortgagee because of the failure of Mortgagor to promptly and fully perforcin and comply with the
conditions and covenants of this Mortgage and the Note secured thereBy.
5.15 Invalid Frovisions to Affect No Others. In case any one or more of the covenants,
agreements, terms, or provisions contained in this Mortgage or in the Note shall be held or found invalid,
illegal, or unenforceable in any respect, the validity of the remaining covenants, agreements, terms, or
provisions contained herein and in the Note shall not be affected thereby and to such end. The covenants,
agreements, terms and provisions of this Mortgage or the Note are agreed to be severable. If the scope or
enforceabiliry of any covenant, agreement, term or provision of this Mortgage or the Note is found by a
court of competent jurisdiction to be overbroad or otherwise unenforceable, the parfies agree that such
court shall modify and enforce such covenant, agreement, term or provision to the extent such court
determines to be reasonable under the circumstances existing at that time.
��
Page 10 of I S
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� BOOK 28359 PAGE 1452
, 11 OF 15
5.16 Govemin� � Law and Construction of Clauses. This Mortgage shall be governed and
construed by the Iaws of tl�e State of Florida without regard to the conflict of laws provisions thereof.
5.17 Handicanped Access.
(a) Mortgagor agrees that the Premises shall at all times strictly comply to the extent
applicable with the requirements of the American with Disabilities Act of 1990,
the Fair Housing Amendments Act of 1988 (if applicable), all state and local
laws and ordinances related to handicapped access and all rules, regulations, and
orders issued pursuant thereto including, without limitation; the American with �
Disabilities Act Accessibility Guidelines for Buildings and Facilities (cotlectively
"Access Laws").
(b) Notwithstanding any provisions set forth herein or in any other document
" regarding Mortgagee's approval of alterations of the Premises, Mortgagor shall
not alter the Premises in any manner which would ,increase Mortgagor's
responsibilities for compliance with the applicable Access Laws without the prior
�written approval of Ivlortgagee, The foregoing shall apply to tenant
improvements constructeii by Mortgagor or by any of its tenants. Mortgagee
may condition any such approval upon receipt of a certi�cate of Access Law
compliance from an architect, engineer or other person acceptable to Mortgagee.
(c) Mortgagor agrees to give prompt noti,ce to Mortgagee of the receipt by
Mortgagor of any complaints-related to violation of any Access Laws and of the .
commencemerit of any proceedings or investigations which relate to compliance
y+rith applicable Access Laws.
5.18 Time of Essence. Time is of the essence.of this Mortgage.
5.19 Commercial Purpose. The undersigned Mortgagor hereby represents and certifies that the
extension of credit secured by this mortgage is exempt from any and all provisions of the Federal
Consumer Credit Protection Act (Truth-in-Lending Act), Regulation "Z" of the Boatd.of Governors of the
Federal Reserve System and regulations promulgated by the federal Consumer Finance Protection
Bureau, because Mortgagor is an organization fully excluded therefrom or because the loan and credit
represented by this Mortgage and the note secured hereby is only for business or commercial purposes of
the Mortgagor, the Property securing this Mortgage is a commercial, not a residential property, and the
proceeds of the loan are not being used for personal family or household purposes.
5.20 Waiver, No waiver of any covenarit herein or in the obligation secured hereby shall at any
time heteafter be held to be a waiver of any of the other terms hereof or of the Note secured hereby, or
future waiver of the same covenant.
5.21 Gender. Etc. The use of any gender shall include all other genders. The singular shall
include the plural.
5.22 Mortea�e Riders. If any Rider is attached to this Mortgage and recorded together with this
Mortgage and signed by Mortgagor, it shall be deemed to be incorporated herein and to be fully binding
upon Mortgagor as though it were a part of the original Mortgage.
5.23 Waiver of Jurv Trial. MORTGAGEE AND MORTGAGOR HEREBY KNOWINGLY,
VOLUNTARILY AND INTENTIONALLY WANE THE �IGHT EITHER MAY HAVE TO A TRIAL
Page 11 of 15 ��
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BOOK 28359 PAGE 1453
12 OF 15
BY NRY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER
OR IN CONNECTION WITH THIS MORTGAGE AND ANY AGREEMENT CONTEMPLATED TO
BE EXECUTED IN GONJtJNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF
DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTION OF EITHER
PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE MORTGAGEE MAKING
THE LOAN TO MORTGAGOR.
[.4DDITIONAL TEXT AND SIGNATURES APPEAR ON THE FOLLOWING PAGE]
�,
��
Page 12 of I5
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BOOK 28359 PAGE 1454
13 OF 15
, IN WITNESS WHEREOF, Mortgagor has hereunto set its hanii and, seal all done as of the day and
year first hereinbefore written. .
Signed, sealed.and delivered in the MORTGAGOR:
presence of:.
KEY ESTATES TEQUESTA SE1vIOR HOUSING,
� LP, a Florida limited partnership
By: KEY ESTATES US LLC, a Florida limited
liability company, its general partner �
Pri t Name; _��� :�,�((1�8� . .
By: / .
O
rint N e: �.0 ci f .
STATE OF FLORIDA }
- } ss:
COUNTY OF MIAMI-DADE }
The, foregoing instrument was acknowledged before me this ��day of��i , 2016, by THOMAS
FAURE as Manager of KEY ESTATES US LLC, a Florida li.mited liability company, the general partner of
KEY ESTATES TEQUESTA SENIOR HOUSING, LP, a Floric�a limited partnership, on behalf of the
partnership. is personally known to me or has produced ...�. �- - as identification.
, .
•,,:°.,�,,,;• �uci�oHaMOS,�.
=*• �:_ � co�uwss�oN r� totiss N Y UBLIC
�:' �: EXPIRES March 27, 20f8 n �
` �Af;sh�`' ��� mN r��ra�er,� u,�a�,�.,ae,� Print Name: �vC c /L
� My Commission Expires: �
�I
Page 13 of 15
' �.riv cu ioucuv4 i i
BOOK 28359 PAGE 1456
15 OF 15
Exhibit A
Lesal Description
Parcel 1(4534 Countv Line Road, Tequesta, Florida): .
The East 280.00 feet,of Government Lot 1 of Section 25, Township. 40 South, Range 42 East, Palm Beach County,
Florida, LESS the South 779.68 feet thereof; LESS the North 190.00 feet of the East ] 50.00 feet of said Government Lot
1; and LESS the West 65.00 feet.of the East 215.00 feet of the North 140.00 feet of said Government Lot 1; AND
Parcel2 (4546 Countv Line Road, Tequesta, Florida): �
The West 420.00 feet ofthe Northwest 1/4 of the Northeast 1/4.of Section 25, Township 40�South, Range 42 East, Palm
Beach County, Florida, LESS the South 779.63 feet thereof.
Parcel 1 Folio #60-42-40-25-00-001-0030
Parcel2 Folio #60-42-40-25-00-000-1
��
Page 15 of 15
1
� Attachment F
{OOU11878.DOCX.1 }
i
THIS CONVERTIBLE PROIVIISSORY NOTE AND THE SEtUWTIES ISSUABLE UPON - CONVERSION OF ;
1
THIS .CONVERTIBLE PRONIISSORY NOTE HAUE NOT ':BEEN, 'REGISTERED UNDER: THE; SECURITIES
ACT .OF .1933, AS. AMENDED (7HE "ACT'7, OR UNDER THE. SECURI'fIES LAWS OF APPLICABLE
STATES. THESE SECURITIES ARE SUBJEG7 TO RESTRICTIONS� ON TRANSFERABILITY AND RESALE'
AND MAY NOT B�.TRANSFERRED OR RESOLD EXCEPT AS PERMITfED UNDER THE ACT AND THE;
APPlICABLE . St'A7E - SECURTTIES LAWS PURSUANT TO REGISTRATION_ OR EXEMPTION-
THEREFROM,, IN FACH •CASE .IN _ACCORDANCE WITH ALL APPLICABLE STATE SECURITIES. LAWS
AND T.HE� SECURITIES LAWS �OF OTHER' JURISDICTIONS, AND IN .THE CASE OF A TRANSACTION
EXEMPT FROM 'REGISTRATION; UNLESS THE PARTNERSHIP HAS .RECEIVEQ AN OPINION OF
COUNSEL REASONABLY ,Si4TISFACTORY TO IT THAT SUCH TRANSACTION 'DOES� NOT REQUIRE.
REGISTRATION IJNDER THE SECURITIES ACT:AND' SU.CH OTHER.APPLICABLE LAWS.
CONVERTIBLE PftOMISSORY NOTE
�OF ¢
ZEY ESTATES TEQIIESTA SENIOR HOUSIi�iG LP�
- Made as-�of September 22, 2015:
Y
�
fo� value received,. KEY ESTATES TEQUESTA SENIOR HOUSING LP, .a Florida limifed �
. �
partnership; :(collecfively; :the '"Partnership"), with : principal offices at 1200 Brickell Avenue, 18th Floor �
Nliami, FL 337:3:1 hereby promises to pay to ,
(tlie "dYoldei"),,
(the "'P�incipa! Amount'.) or such
lesser�amount•as:shall then equal the outstanding principal amount hereunder; together with interest
on the unpaid principal at a� simple rate equal to per annum, computed on the •basis �
. ,
of tFie aetual..number of days elapsed and a y.ear of 365 days (the "'Rat�') from the clate .of this
Convertible .Promisso,ry Note {the "iVote''; all .Convertible Promissory� Notes issued under the Purchase
Agreement (as :defined below), collectively, .the• "Note.�') until the until the Note Ca�cellation Date.
All accrued inferest her.eunder shall be payable in cash by ;the Partnership to the Holder upon
repayment' of �tFie Notes; provided that if the Principal Amount of this Note is converted into �
`
Conversio❑ Units; the accrued but unpaid interest will be converted into Conversion Units. �
�
�
�
AM 51A44012.7 �� � !
��..
1'he •entite unpaid Printipal Amount,, together with all accrued interest thereon, shall become. �_
due and payable upon the earlier to occur� of the� Maturity Date (as defined below) or �the •oceurrence.
of�an .Event�o:f Defa�lt.
Subjeet.:Eo�,the �Partnership's.�riglit to�deliver,Conversion Llnits in f'ieu, of making� cash'payments;�
.any �unpaid in"terest �as of 't.he Conversion Date shafl become immed'iatety due and payabl`e, Any
amounts owed tiereund.er �shalf be .sent by- wire �fr.ansfer in :accordance with� instructions included in
such �nofice or �by �cfieck sent .by: rnail� .to the address of the registered liolde� of �this Note• in lawful
..
� money of the .United 5tates;.
Thi's-�lote: is one� of.a series of Convertible Promissory Notes i"ssued pursuant to that eer-tain
U�C . ' ..ir �,
, Note P hase: Agreement : (the� Purchase Agreemenf�� dated as of.. 2015 by .and
� arnong the Partnership. and�.tFie Furchase�s (as defined ther'ein), as�the same ; may be �amencJed from
time xo time:
' The: followin,g is a statement of'.the. ciglits of� Wolder and' ttie to whicfi tliis Nofe is
subject and to� which Holder heteof, by the accepfance of tFiis Note 'agrees:
. _ .
i, Definitions. Unless.otherwise de�ned he�ein; the following definitions� shall
apply for all pur.:poses of this: Note:
1.1 An. ":4�/iate'':of any Persan means .a Perso� that, directly or �indirectly,
through.-one or �more intermediaries, controls, is controlled by or is under cominon contrbl with the
first mentioned Person: A Rerson shail be deemed to control another Person if sueii first Person
� possesses, directly or, indireetly, the. power to. direct, or cause the direction of, the: management and.
policies of �the-. second Person, wliether througfi the� ownersfiip of �vo#ing securities, by contract or
other.wise: �
1:2 "Ba/ancc�' means all unpaid ptincipal and' accrued but .unpa'td. interest on the �
�
Notes. �
f
1.:3 ''Conversion �Datc�' means ttie closing date•of the Next �Financin,g.
1:4 "Conversion Unit�' means Units representing the Partnership's Class C
�
Inferests. �
!
ANI � 1444012.7 �
. : i�.: �
i
1.5 °Majo�ity Inte"�esf' rneans. the holders of a� majoriry-in-interest� of the IVotes
determined on the basis af�the princi.pal. amount of fheir tiien outstanding Notes.
1.6 "IVlaturity.Date" means'the ear.l'rer of or the. closing ; date
of the Next Financing,
1.7 °Next Financin�' mean"s the Partner"ship's nexf equity "financing in� which it,
issues Next� 'Einancih,g �Units and receives gross :proeeeds ;suffic'ient� to finance th:e ,fu.11 equity
.
component, expeeted 'to; be. approximately j,
� not i;ncluding. conversion-of the Balance, required by the �Rartner.ship's .real estate lenderto. permit the
d�awdown of �fhe� Frojeet's ''construction min'i-perm" :fnancing.
1.8 "Nezt. .Financing Unifs" 'mea:ns the Units� of Class C�Interesfs. of the
P,artnership.issued at�the'Next Financing. �
1,9' "Nqte' �means'this. Convertible: Procriissory- Note. �'
,. . ,, - - �
1.10 Note� Cance//ation Date shall� mean the date on which this Note �is .eitfiec
repaid or converted in �accordance with the .terms hereunder: �
1.11 "Nofe�' means collectively :the convertible� promissory notes of. the
Partnership issued .pursuant to the PurcFiase Agreemenf: �
, 1.:12 "Person" means an irndividual, a corporation, �an association, a, joi:nt venture, a
partne�shiP, �a lim'ited Iiabiliry company, �an� estate, a trust, an unincorporated organization and any
other entity. or+organization,..governmental` or otherwise.,
-1.13 "Pr.ojecf' means._the development of .an approximately 96 unit :assisted living !.
. ,t
and memory care facility �in Tequesta, Flo'rida. �
�. Conversion. Nlandatory. In the event that the. IVext Financirig is.
consummated prior to �;. the outstandi'ng Principal Amount and interest.aecrued•on
thi5 Note shall automatically convert into Units. of�Class�C Interests at a per share cQnversion `price�
equal to 100%� of the price per llnit paid by the� other purchasers in connection witli fhe Next �
Financing. 'Upon such conversion of this Note,, the Holder .hereby agrees �to execute and deliver to
the Partnership all applicabfe transaction documents .related to the Next Financing, incfuding a�
�
�
AM 51444012.7
I i'
'�/.i` .� ��
i
�
�
purchase agreernent and other ancillary, agreements having the same terms as those agreemenfs
entered into by the �other: purcFiasers of the Next Einancing Units. A.brief summary�o"f the terms of
the�_Class � C Inte�ests of �the Partnership is set .fortb on Exhibif A. a'ttached� hereto, �ivhich suriimary is
qualified,in all respects with reference to�thle Limited Rartnership Agreement of�tHe°Partnership.
:3� Co�►enants. For as long as th'rs: Note remains. outstancling, the. Rartnership
shall .not (in any case, by merger,- consolidation, �operation of law. or otfierwise),_ and shall not - permit�
any.Subsidiary to; withoutfirSt_having provided w[itten notice of.such=proposed action to-the. Holdec
.and having �obtained fhe.affirmative vote-or writteri consent�of a Nlajority Interest;.
_ .
(a) autliorize or issue, or obligate itself to issue any indebtedness for borro.wecl
inoney (other than in connection with the Pa�nership's existi�g credit arrangements with .its banksj,
convertible cle6� or .otfier debt with :any equity partieipation, any �'securities eoniiertible� into or
exercisab1e or eXChangeable, for any .equity securities,� or any otlier equity security otfier than in,
connecfion wi,�h a Next Financing, to ariy person or� entity other.� than Che �Partnership,. except in �
.connection with the Purchase Agreement; �
. �
_ .
(6) amend, alter or repeal ,(whether .by merger,, consolidation, ..ope�ation of' law, or
otherwise) any . provision �of, or add any prouision �to, the Partnership''s. Certif'icate of 'timited
Partnershi�p o� �Limited �Rartnersfiip Agreemerit Cnclucling, without Iimitation,, inereasing the total
number of units that the Partnership shall have the authority to issue) or fihe bylaws of the
Partriership as in effect qn the iiate hereof; I'
(d), effect the sale, transfer .o.� license of any assets of the :Partnership or any
swtisidiary to any person,.or entity oth�er than. the :Partnersliip or a wholly-owned s�bsiciiary of the
Fartnership, other than in the ordiiia .ry course pf business;
(e) take any other action not.descri6ed above if such action could adversely alter.
or change the pr.eferenees, �ights, Privileges or powers pr.ovided for hereunder, or
(fl enter into any agreement ta �do any of the foregoing that is not expressly
rnade conditional on obtaining the affirmatii►e vote�or written consent of the Hofder.,
�. Termination of Rights, All rights witH resped to this Note shall. tecminate
upon a Note Cancellation Date, whether or noE this Note has been surrendered. Notwithstanding the �
�
�
�
AM 51444012.7 '
�Lt I
_ i
foregoing, the Holder agrees to surrender this Note to the Partnership for cancellation as so:on as is j
possi6le�following convers;on of fhis Nofe: The Holder.shall. nof be en:titled to receive•the Conversion !�
Uriits to be issued upbn conversion :of this Note �until .the original ,of ,this Note (or an. exeeuted.
affidavit of I,oss;. damage or mutilation :and agreement to indemnify the. Rartnership therefrom, in
forrrr reasona�l�+ requested by the. 'Partnership). .is surrendered (or delivered in the case of sucFi
affidavit. an�d' agreement)- to the Partnersfiip� and .the agreernents• referenced. in this Section 4.� have
been executed' and delivered to�tfie:Partnership,
�., Defaults and.Remedies
5..1 E'vents• of Default: �Upon w�itten notice .to� the Partner•ship by a� �/lajo�ity
Interest of its:-desi�e to.�tleem any of tFie foliowing� evenfs an Event of Refault, the following; .events
stiall :be deemed °�Events�of'Default" hereunder:
(a)' the; Rartnership fajls ta pay. any amounts due uniier this Note o;r any
of .tfie.. Notes when .due ancJ payable, :and. any .such. amount shalf remain ut�paicl for a.period :of :thirty
(3�0) clays after:tfie::due �date tli'ereof; or
(b) a default in� the observance or perfo�mance� .of any covenant; .
obligatio� or :agreement of the Partnership contained in this Note tliat continues uncured rnore ttian B
thirty (30j days, after the��Partner.ship had actuaf knovi+ledge of the. event or�circumstance�giving �rise: to
such default; or- .
(c) the Partner5hip is �or becomes insolvent or i5 involved 'in any financial'.
•dif�culty as evidenced by:
(I) an assignment,. compositioh or similar deviee for the benefit. of
cr.editors,,or
Y
8
(II) general �failu�e to ,pay debts when due. that resuits in a �
material action against the Partnership taken ,by a third party other tharr any Holder; ¢
+
- or- ;
t
�
(iii) an attachment or- receiversFiip of assets not dissolved, within
forty-five (45) days, or
�
AM' S1444012:7' �
Y° �'�
�
{IV), the .appointment of a custodian trustee or receiver for :a ;
substantial portion of the Partnership's p�oper'ty; and such appointmenf is not
teri�►�inated;or dismissed within sixty�(60) da.ys,,.or ,
(v) tlie filing �by ,the� �Partnershi,p. �or an.y guar.antor of a. petition
under �any,. chapter •of tf�e. United States .Bankruptcy_Code. or_the institutiqn of any
othe� proceeding under any law r..elating to. bankruptcy,. bankruptcy �reorganizati:on,
�nsolvericy or relief of�tfie Pactnership,'or
(vi)' the�-filing against� the, Partn_ership :or any guarantor of .an
, involuntary, Petifion �.under any chapter of =the United .Sta�es :Bankruptcy Code or the
;institution of any other .proce'eding � under �any' law r,elating to; 6ankruptcy, ;bankeuptcy'
reorgani?ation, insolvency .or relief �of the Rartne�ship where ;such petition oc
proceeding is not dismissed within ninery (90) days from�the date on which it is'filed
or instituted; or
(d) the Fartnersliip : is di5sol�ed; or
,(e) the• Partnership �materially-breaches which breacli �remai'ns uncured for �
at least for'ry-five: (45), days affer ceceipt of��notice frorn :a 'Majo�ity�Interest relating„;thereto any of .the
provisions of this Note. or the other Notes.
� 'S:2� Rights and Remedies on_Default, Upon the occurrence of an Event of Default,
�a Majorify �Interest may eleCt �the following� rights:
(a� �the hol'dees may �declare, the �Notes. to ;be immediately. due: and
payable without presentment;- demand, protest or notice of any kind .all of which� are Fiereby-
expressly waived; and
i
'�
(b) the holders� sha(I have� the� right to set-off, without notice to -the �
Partnecship, any�and all deposits or .ofher surns at any time. or times credited °or due from the 'Holder ;
R
to the FartnersFiip, whether �in a special account or other account,or represented 6y a certi�cate of !
}
cleposit (whefhier or nof matu.redj; which deposit �nd� othe� sums :stiall �at all times• constitute �
additional securify for the fVotes. �
�
1
�
p.nrt staaaol2.� � � , j
�� �
r i
I
: 5.3; Wai"ver: No course of dealing or �delay in accelerati:ng this Note: or in taking
,or failing to. take any other action with respect `to ;any� Event of� Default shall' :affect th�e Maj�rity�
Inferest's rigtit to take sueli action at a later time. No .waiyer �as: to any one �Event of Default sfiall
affect the Majority InteresYs: iights upon any other Event ofi Defaul�
S', Remedies Cumulative. The Majority Interest _may eXercise any or all of tlieir
rights and ,remedies upon an Eyent of .Default concurrently with or independentfy of .and withouf
reg,ard to ,the�provisions o,f any other document which,secur.es any .obligation� of the Partnership.
,6._ Prepayment. All �unpaid principal and unpaid accrued interest .of this Note
rriay, 'be �Prepaid without penalry, 'in whqle or in part.. Any. prepayment of this "Note will be credited �
first against accrued interest tlien principal. Upon paymerit in full.of ttie- o..f alf prihcipal ancJ
interest .tliis Note, shall' be:surrende�ed.to the �Partnership for:cancellation:
_
7: Transfer. ,,;
�.
y
(a) The .Wotder agrees not:to: make any disposifion of this=:Note orany �
�
portion of the:Conversion Units exeepr ''
' .(i) fo an Affiliate. of the. Holder;
�
' (ii) �,to the Holder's -spouse,. siblings, lineal deseendants� or
ancestor5 by gift, will or infestate succession; or
(iii) upon the prior written consent of the Partnership;
rovided,�,howe�er, that, �in the case, of�(i), (i7 or (iii) the t�ansferee agrees in writ'ing, fo be subject to
ttie terms hereof.and'the other agreements to which the original Holder is a.party, to the same exfent .
as if lie or she wece: an .original Holder hereunder and' thereunder, and, provided further, that .any �
transfer pursuant to,(i), (iij or (iii) shall. be void if the result of such: transfer. would be the loss, of the �
� .. . �
� .. - �
exce tion from the Secuntres Act for the sale and issuance of the IVote. `
P . �,
. �
(b) The Holder acknowledges that he, sfie o� it is acquiring the Note �}
i
�solely for,the undersigned's own beneficial �account, f.or investment.pu�poses, and not with a view'to, }
or for 'resale in connection with, any distribution of the Note. Th�e yndersigned .understands that the
�
Note has not been registered under the 5ecurities� Act of �1933, as amended (the "Securities Act'') or I`
��
AM S 1�i�14012.7 �
�� , i.
i
�
the seeurities; "blu,e sky" or other similar laws of any, appficable juriscliction (eollectively referred �to as �
the "State Secu�ities l:aws")` .by reason of specific exemptions under the, provisions thereof which
depend in part upon the investment infent of the undersigned and of the otfier representations-
made by tlie undersigned in this Note, the� Rurchase Agreement ,and. the�5ub"scription. Agreement,.The
und.ersigr�,'ed :und`erstands that the Partnership is relying upon �th,e representafioris �and agreements
contained in _this Subscription Agreement (and any supplemental information). for the purpose of
determining whether this tra:nsaction meets. tfie �requirerrients for such�exe'mptions,
,(c) The undersigned understands: tliat the Nofe is, a"restrirted. security"
under�applicable federal� securities laws and that Aet�and�the rules of.the� U,S. Securities
and Exchange Commission (the `'.Commissiori") provide in substanee. that ttie undersigne.d may�_
'� d'ispose of :fhe Ngte..only pursuant to an° effecfiVe registration statement: under the Securiti'es -Act or'
an .exemption �tlierefrom. , and� the undersigned understand5 that fhe ;Partnership has no obligation or
intention to register any of the Nofes or to .take aetion so as to `permit. _sal.es pursuant to� ,the
_
Securities� Act� (incfuding Rule 144 thereumder).. Ac¢ordingly, fhe �undersigned unclerstands that: under
the Commission`s. rules, th�e. undersi,gned . may dispose of the, Note principally only in ",private
placements'' which ar.e .exempt f�om registration� �under� the 5eeurities Aet, in whicli �event the
. .
- 'ttansferee will aequi're:. "resf�icEed securifies" subject� to the same limitations 'as .in the. hands :of the
- . .
undersigned. Conseq:uently, the undersigned understands thaf, the undersigned must bear fhe �
.
economic risks.of,the investment in the Note for an,indefinite.period of time.:
(d) 'The yndersigned agrees: (A) that the �unde.rsigned will not sell, assign,,
pledge, give, transfer or otherwise dispose. of the Note o� any ihtecest therein, or make any offer or
attempt to c1q :any of the #oregQin,g, except pursuant to �a registratio,n of the Note: uncier the.
Securities: Act and all applicable State� Securities I.aws,. or in a transaction wfiich is exempt from' tHe
registration provisions of the Securities Act and all applicable State Securities Laws; (Bj that ttie. Note
will bears a:legend making .reference to the, foregoing �estrictions; .and (C) �fhat. the Partnership and its:
affiliates shall not Lie. required to .give effect to any purported transfer of such Note except upon
. �
compliance with the foregoing restrictions.
(ej The undersigned acknowledges that neither the Partnership nor �any '
other person�offered to sell�the Note to it by roeans of any focm of'general soficitation or advertising,
including but not- limited to: {A) any advertisernent, article, notice or other communication published �t
AM 51444012.7
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in :any .newspaper, magazine o� si:mil.ar media or broadcast, over television or radio or (B) any seminar j
or meeting whose attendees�were .invited, by any general solicitatioh, or.ge�eral advertising. �
(fl Notwithstanding the foregoing, the undersigned acknowled,ges and
agrees. that .no �purpo�ted transfer.:of this�,Note shall, be,. effecti�e without the, p�ior written. consent of
fhe�Paitner.ship, and sfiall�be void ab ini'tio without sueh consent: j
l
8. No Rights. .or Liabilities. as �Unitholder: This. �Note does� not by itself entifle
--
� the. Holder• .to any voting ;rights or� other rights as a unithold;er of the: PartnersFiip: No provisions .of'
_
tliis Nofe, and��no: enumeration herein �of th'e rights-or privileges of.the Holder,-sha11. cause the Hofder
to� be a unittiolder of the Fartne"rshjp for any purpose.
_
.9: Ackno,wledgment re: Comple#ion of, the Project. This� '.Notes: offecing is I
— .. �
expected to� result in Proceeds to the� �PartneFsii'ip of up to
These. Pr.oceeds will. be used to ;pay experises of the, Farfnership �and to br.eak
�ground on �th�e:. Projeet. However, corrtplefiion of`fhe Project. �will' r',eguire aiiditionaf fiuncling, which is. ;
I ex ected to� come from the Next Financin in� an a re ate amount of u t a ba
P 9 99 9 P . nd . nk J
_ �
fi'naneing of approximatelj�.. �,
,
10. No.Impairment.. The PactnershiP �will not. V�tillfully avoid' or seek to. avoid the R
observance .or. performanee of �any of� the terms: of th'is Note tiut will at all times in goocl faith. assist
. in .the. carrying out of all such terms and. in the taking, ,of alf such action as may be nece5sary or
approp�iate in order to; p�otect the r.ights ofi the Holclet .und'er .this Note against•wrongful impairment.
1
11: Waivers. The Partnecship and all endorsers of this Note here6y waive� notice,
pr.ese."ntment, protest; nofice ,of dishonor and all other demands �in conneetion �v+with �the •deli�ery,
�
acceptance; �performance.and_enforcement of#his Note. -
�
1$. Attorneys' Fees. In tfie event any party is r.equired .to engage fhe senrices :of I,
�
any attorneys 'for the purpose_ of enfgrcing this Note, or any proyision� thereof the prevailing party ti
shall �be entitled to recover its reasonabie expenses and costs in� �enforcing this Note, includ'ing ��
reasonable attorneys' fees. i
�.
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AM S 1444012.7
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13. Transfer. _Exeept as otherwise set forth in -Section 7 above, this Nqte and� any
rigFits �hereunde� may� not �be-.assigned, conveyed or transferred, in whole or in �,part, by the Holder
without the pr.ior written consent.of the PartnersF�ip
_ . _ I
�1�. Pari_,Passu. Notes. ,H.older aeknowledges. and ag�ees that the payment ofi all�
or' aijy portiori' o.f the outstandin. g principal a:moUnt of this Note and 'all interest hereoo sh�all. �be pari
passu in right of payment and in all other respects 'fo the other Notes issuecJ pursuant to .the
Furcfiase Agreement or pursuantto�the�ferms of sueh Notes.
_
1�. Usu ;.. In the event� any interest �is paid on tfiis Note; which �is deemed: to be
' in excess of the then legal maximum rat�e, therj that portion of the� inter.esf payment representing an
amount in exc.ess��of the. then legal. rriaximum rate' -sfiall 'be deemed a payment of principal and
applied against the principal of.tliis �Note. V►/ith respect:�to .this Note, the Rartnersliip agrees to file
any-and all required notices and make any.and all requiced disclosures as'may be required under.the
applicable usu.ry laws .of all applicable;jurisdic#ions.
16, Governing. Law; Venue. 1'his•_Note shall .be governed by and construed under
. .
the laws of� tf�e �State of Florida, matle and to be �performed.�enfirelq �wifhin. the: �Sta'te of Florida;
without giving eff.ect to conflicts� of laws .principles: The. parties agree� that any suit action or
p�oceeding brought by either.party _unde��.or�in relation to this;Note,("Proceedings'��shall be�brought �
in, and each ,party i�rrevocably� agrees and submits to .the, jurisdictiqn and venue �of, any �state or �
federal courf loceted in �the city of Miami Florida, which: submission shall be exclusive unless� none of �
sueh courts tias Iawfu) jurisdictio'n over such Proceedings.�
17:, Waiver .of Jury �Trial. THE PARTIES IRREVQCABLY WAIVE ANY AND AkL
RIGNT TO TRTAL BY JURY..WITH RESPECT �TO ANY LEGAL EROCEEDING ARISING OUT O.F l'HE �
TRANSACTION5 CONTEMPLATED BY THIS NOTE. t
�
18. Headings., 7'he headings and. captions �usetl in th, is Note' are used only for �
convenience and are hot tb be considered in� construin:g or interpreting tliis Note. All references in �
this Note to sections and exhibits shall; unless otherwise ;provided, refer to sections. hereof and �
exhibits attached hereto, all.�of wh�ich exhibits are incorporated herein by this reference. (
. .
i
19. Notices. Unless othetwiise provided; ariy notice to be given under the terms
of this Note shall be delivered in writin.g, either in person with; signed proof of receipt, by
�
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commercially recoghized overnight couri.er servic� with signed proof of receipt; or by. United Stafes. .
first-class certified .maif with ..r.etum reaeip� requested� and postage .p,repaid when acidressed �to the
party.to be notified at the .adtlress. indicated for such party� in the purchase Agreemen.t or, in ,the ease
of the Partnership, to the address on� the first�.page of..this Note, with a copy to: Locke Lord LLP 801
B'�iekell. Avenue, Suite �915, Miami, •FL �33131, Aftn: Mark-S, Scotf, P,L, ar af:'sdch, other addcess -as: any
party or the :Partnership-may, designate by giving ten �(10) days'� advance� written notice to all other
parties. Notice; shaff be deemed giyen, cJelivered .and received� on the �actual date of personal delivery
.,or .the date of: :delivery ._established by cour.iec service �co.nfirmation or postal service �eturn receipt..
provided that if. the date_ of �tfiat delivery or receipt. as applicable is: not a business cJay or�such
cornrriu.n.ication is.delive�etl o� received after the close of rrormal busines5 hours on.a business, day,
- � -
then the comrrmunicafion� shall be. deeined to have '6een given. on °the 'fi�st following day fhat �is a�
.. . _ ,. .
business day:
ZO.. Aniendmenfs and Waivers. T'h'is Note may �be amended only with� the prior
. _ ,
I writ'ten� con5ent qf�the 'Partn'ership. IiAa�ority�Interest Any arriendPnent effecfuated_pursuant•fo
tkiis Section 18�shall be binding:on the Holder antl: all other hold'ers of `the Notes.
�1. Severability: _ If one or mor.e provisions: .of �this Note. are held ;to be
unenforceable. Under applicable law; such provision(s), ;sh�alf be excluded from "tfiis Note :and the ti
balance of this Note shall be interpretetl as i.f. - such provi"sion(s) were. so excluded and shalf be
enforceabfe.'in accord'ance-with its. terms.
[Retriainder of� tHi"s ,page intentionally 1_eft blank�
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1N. .WITNESS WHE�REOF; ..the Par.tnership has caused .th'is. Note to� be executed in its
name as of the. date•f'rsfi� above written:
� THE �PARTNERSMIP:
K�Y ESTAT�S' T'EQUESTQ.SENTOR HOUSINC� LP
'By: Key Estafes US �LLC,:i'ts Genetal Pactner
'BY� - . V ��
Name::T oma Faure
Titie:'Managing. Rirector
�Accepted as'of t{ie date first written. above:
:HOL'-DER:=
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.By: _
Name:- �
Ttle: Direc#or�
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EXHIBIT :A.
SUMMARY 0'F 7HE TERMS. OF THE�CLA55 .E'INTERESTS OF THE PARTNER�SHIP
'Class C Interest RarfijersFiip inte�est.ea�ning pro reta'Stiare� of the Rartnerstiip profi#s,
subordinate in right to� _pro�ts and distritiutio.ns �to, - the. Preferred
Priority'. Retuen and to.the return�.of eapital 't_o the Partners; on a pari
passu basis ,witfi tfie Class A Inferes.ts and � Class. �B Interests; provided,
howeve�; that. the :Class C Int'erests shall pay �a: °P"korrrote Fee"' to the
. holders of`Class 6 Interests� in. an amou_nt; ec{ual t
. .. , .
� of amounts that would ��.be :otherwise� distributable .td�, tFie
� . . .
�fiolders of`Class� C. Interests�, after-the. Prefer�ed: Priority Return :and the.
.
.
I '� i unreturned�. ca�iital �co�t�'ibuf�ons; ta all �classes of interests_ fiavQ lieen
paid. .Class. C Interests will. ;be priced at 'fhe; eompany's valuati,on
�
:detecmined. at the time�of�the Next Financing,
.
.. _ . _.._.
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Preferred. .P.riority. Return mean"s a:priority. retum payable. 'to tHe
, .
Limited Parfners and' �the Partner from. any :and all sourees of
:Partnersliip�income, iricluding capita'I gai�ns, equal. t� _pec,annuin
,(non-compouRded) cumulative return on unrefurned capital. The
�referced Rr�iority� Retwrn not subject fo the Promote Fee:
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Alvf 51'494�1?.7 G �
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Attachmen�t G
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��/�RCJ�DIS I ��� �'`�"�
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Ms. Nilsa Zacarias, AICP ,ar�ais u:s., i��:
Community Development Direction �soo caro�waYSo�ie�,ab
Village of Tequesta s��� zoo
345 Tequesta Drive aoy�to►� seecn
Tequesta, Florida 33469 Flor�aaa�azs
TN 561 697 7000
Fax 561. 369 4731
www.arcadis.com
SubJed: .
Confirmatory-Cieanup Assessment Report for Historic Arsenic Impacts at Select E�IRONMENTAL
. Surface Soil and Shallow.Groundwater Locations/Areas,.Key Estates (#ormer �
Rood Landscape Company) Property; County Line Road, Tequesta, FL -
Date:
August 31, 2016
� Dear Ms. Zacarias: ��
Per the.August 17, 2016 meet discussions, the August 18, 2016 Confirmatory- �illiam D. Vogelsong
Cleanup Assessmerit Plan,�Village of Tequesta (VOT) representative (Nutting)
.
Plan reviewr comtnents dated P � O "��
August 22, 2016, enclosed is a letter.report of the 561-662-8223
� results of the cor�firmatory-cleanup sampling performed on August 24, 2016 at
historic arsenic contaminated soiF and shallow groundwater locations on�the Ema1:
subject property (Arcadis 1998-2004) as described in letter of explanation/figures william.vogetsong@ar+cadis.com
(Arcadis July 14, 2016). A brief description of the Plan sampling, feld and
laboratory analytical testing, and results follows. °��
WF900299.0001
COM�IRiMATORY-CLEANUP ASSESSMENT RESULTS F�R
HIST0141C (ROOD L�4ND�CAPE COIVIPANI� �►RSENIC
IMPACTS IN SOIL A�1D SHALLOW GR4UND�IVATER
SurFace Soil Sample Results
Four confirmatory-cleanup surface soil samples (CCSS-1 through CCSS-4) were
collected irr the former Equipment-Vehicle Maintenance (EVM) area Iocated in
the western portion of property as shown on enclosed Figure F2, to verify the
adequacy of reported historic soil remedial efforts. Copies of soil boring iogs �
� generated by a state-licensed professional geologist are presented in Appendix
A. Soil samples collected from each of the four borings were delivered.to a
NELAP-acxredited laboratory for confirmatory-cleanup analysis of arsenic by
EPA Test Method 6020 a NELAP-accredited laboratory. Copies of the
laboratory sample reports are presented in Appendix B. The arsenic
concentrations repocted in the August 24, 2016 confirmatory-cleanup surface soil
C:lUserslwvogelsonglAppDataU.xallNiuosoftlWlndowsUNetCe�elC�tent.0utlook1V34G7EK31CenflrmaMry qeanup Sofl and Shallow GrowdwaterAssesmeM Rpt 8,91- P8g8:
16.dotx �
1/3
Nilsa Zacarias
August 31, 2016
sample resuits are presented on Figure F2, along with the historical soil assessment results. The arsenic
concentrations in the four surface soil samples ranged between 0.50 and 1.3 milligrams per kilogram
(mg/kg); below the Florida soil cleanup target level for residential property use of 2:1 mg/kg.
Shallow Groundwater Sample Results � _ .
Shallow (screened between 5-15 feet below grade) wells were installed for collection of groundwater .
samples from the former Pesticide Storage Locker Area (PSL) area located in the central portion of the
property and in the former Equipment-Vehicle Maintenance (EVM) area located in the western portion of
property as'shown on enclosed Ftgure F2. Well-construction logs generated by a state-licensed
professional geologist are presented in Appendix A. Per FDEP Standard Operating Procedures
, groundwater samples were collected approximately 24 hours following completion of well
constructioNdevelo ment: The wells were ur ed and sa
P. p.g .,mpled and a representative groundwater
sample from each well delivered to a NELAP-accredited laboratory for analysis of arsenic by EPA Test
Method 200�.8. Copies.of the.sample laboratory reports are presented-in Appendix B. Water level, �
turbidity and.field parameters of the shaliow groundwater also were measured/documented on
Groundwate� Sampling Logs in Appendix A. .
The August 24, 2016 confirmatory-cleanup g�oundwater sample results are illustrated on Figure F2,
along with the historical groundwater sample results. The sample results indicate that arsenic in the
shallow gcoundwater in the PSL area was reported (total arsenic was reported at 0.66i microgram per liter
(ug/L) in Well CCPSL-1, below the Florida arsenic groundwater cleanup target leve! {GCTL) of 10 ug/L..
The sample result from the EVM area (total arsenic was reported at.35 ug/L in Well CCEVM-1) indicates
that arsenic in the shallow groundwater exceeds the Florida arsenic GCTL.
CONCLUSlOiV
Based on tf�e. letter of explanatian of historic (1998- 20Q4) soil and shallow groundwater assessment
results (July 2016}, the results of�the August 2016 confirmatory-cleanup soil and shallowgroundwater
assessment results described herein, and current FlQrida cleanup target levels for arsenic in soil and
groundwater in Chapter 62-777 FAC, the #ollowing can be concluded:
• Confirmatory�leanup soil sample results from the former EVM area in four mutually (Key Estates and
Village of Tequesta representatives) identified locations, confirmed that the historical arsenic impacts
in soils were adequately addressed (eliminated fhe direct exposure risk).
• Confirmatory-cleanup shallow groundwater sample result from the former PSL area in a mutually.
identified location (Well CCPSL-1) confirmed that the historical remedial efforts adequately addressed
arsenic contamination in shallow groundwater.
• Confirmatory-cleanup shallow groundwater sample result from the former EVM area in mutually
identifietl Iacation (Well CCEVM-1), confirmed that the historical remedial efForts did not adequately
address`arsenic above Florida GCTL in shallow groundwater.
arcadis.com
C: Cleanup Sofl and ShellowGroundweterASSesment Rpt 8�1- Pege:
16.doac
2/3
Nilsa Zacarias
August 31, 2016 .
.��.cca��,����,�i��
Based on the sample results reported t�rein, Florida deanup targetJevels for arsenic in soil and
groundwater in Chapter 62-777 and r(sk based comective adion.cleanup criterfa in Chapter 62-780, .FAC,
the following is rec�mmended:
. � Proceed with�unrestricted. use of site sotls. .
• Perfarm supplemental shallow groundwater sampling/ar�lysis in the area of 1A/ell CCEVM-1 to
detee�viine 4he futi lateral extenf of ar�enic above �Ioaida GCTL in shellow groundarater.
• Upon comple�r�q delineation of the full laferal/vertk�! extent of ar�en� above Florida GCTL in
groundwater, consiclereithec 1) filing a restric�ve covenarrt on the porlion of property contatntng
groundavater fhat exceeds Florida arsenic GCTL to r�est�ic� use of the�shaUow groundwater in anly this
portion and depth on the properiy or 2} devetop a remedial action plari for reduc(ng 1he a►�ni� in
groundwater to below #he Florida GCTL.
; �S�'=A�'�IV��'Nl�°' �:F_�RE��IlE��: .
1, Wi�iam D:. Vogelsong, P.G. No. 525: cart�y that 1 cuirer�iy hold an adive license in tlie State of Florlda and -
am competerrt through .educati�on. or experier�ce to provide.the environmerrtal servic�s t�.scxibed in th� �
Report prepared for the subJect property: � I further certify.tha� in my professiona) judgment, tt�is Report .
meets �e requirements of Rule 62-780 FAC and vvas prepared unde' my responsible charge. Mor�v�. �
lcertify tNat A�cadis U.S. .Ina, holds an active certificate of authorization No. GB�4 to provide tF�is _
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Date: ��eo�000°`
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Table 1 _
. F�ure F2 Summar�zing Historic Arsenic in So�7 and 5hallow Groundwater Assessmetrt Results.and
August 2016 Confirmator�Cleanup Ar�enic in Soil and St�ll�v /Grounduu�ter Saenple_ �sull�
Appendix A- Well Construction Logs, Groundwater Sampling Logs, Borir�q Lo� and �
Appendbc B- Labor�tcuy Sample Analytical Reports
arcadis.com
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����Y p�+A $a0 [nd Sl�tlnw Groundwaterlis�am�t i�t 8-31 1B.doa .�.,�
Table 1, Summary of Historical Soil and Shallow Groundwater Sample Results and August 2016 Confirmatory-Cleanup Soil and Shallow
Groundwater Sample Results (former RLC PSL and EVM Areas) Key Estates Senior Living, Tequesta FL
BORNG BORNG BORNG BORNG WELL WELL WELL WELL
Soil Boring/Well Soii Arsenic CTL for CCSS-1 CCSS-2 CCSS-3 CCSS-4 EVM-1 CCEVM-1 PSL-1 CCPSL-1
Residential Groundwater
(unrestricted) Use Arsenic CTL 8/24/16 8/24/16 8/24/16 8/24/16 1998 8/24/16 1998 8/24/16
Arsenic 2.1 mglkg 1.2 1.2 1.3 0.50i
Total Arsenic 10 ug/L 80 35 47 0.66i
Footnotes:
CTLs from Chapter 82-777 FAC
Groundwater sample concentrations are reported in mlcrognama per Iiter (ug/L)
Soil sample results are reportad in mfliograms per kibgram (mglKg)
Weils CCEVM-1 8 CCPSL-1 are reported in ug/L
Bdded Concentration exceeds Fbrida Groundwater CTL
Borings CCSS-1 through CCSS-4 were cdlected in EVM area
C: 1&30.16 (003}.xlsx Page 1 of 1
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0 19D S. OW Dfode Hghway
::' . ��c-<. Ir� Jupi�r,FL39458 .
�;d Phat� (581�7b-0090
Fa�c (581)57b�118
viM1erw.jupt6atleba.eam
d�@rtservtoes�Juq�rl8b�.00m
August 29, 2016
vu�n� voe�
a�a�
l500 Gataway Bhrd. SulDe 200
Boynbon Bead4 FL 33426 .
RE: LOO# 1647�
Project ID: - Key Es�a WF900Z�.0004
COC� 1647888
Dear Wililam Vbg�lsong:
Endo�ed aP+e 6�e �aiyNral rosulfs for sampte(s) teoehred bY fhe��bo�sboryr an WedneadaY� Au9ust 24. 2018. R�sufts reporEed
hm�n confonm 0o the mast ameM NELNC amnderds. where eppGcable� urdess �d by' 6� Uie body.of it� r+eporL The
ei�doasd Cl�n'of Cusmdy fs e canponer�t otthis p�epe and �Id be retained with 1F� � and tiworParated theretn.
R�db for all saBd matrPoes aie �eporbed In dry wetgM unless otherwlse rq�ed..Resulfs tcr ell Gquid n�atriCes are.tepor6ed as
iecshred 'at the laboretory �eUess otfietwlse noted: Re�ults rela6e on�► fo fhe samples.r�eceived. Shoutd maufHdenE samae be .
p►ovtded m tl�e �bry to rt�t the me�od end NELAC Matrix Dup6cate and Metr6c Splke �qutrements. �en ihe dsts.w� be
armyrmd; eval�d and rePor6ed usFng aA o�er avai�ble qu�llpr oonb+W measures,
semp(es are dlspased of af6er 90 rtays of therr reoe�t by the laboramry unless eo�ndea atotape ts requeaDed "m wrfdnp.'R�e
IabarO�aY mai�(ns �e rigM b cha�pe sborage feas for erchived samptes. Ttds report wt1 be amhlved for 6 y�s aRet xihfch time it
w016e de�roYed wltl�tiWher no9ae, unkss Pria' arrarrgemer�s have been mede, ,
Cerlafn �a�rs� are e, uboortlraeted to wdslde MELAC a�tifled laboraboriea. Please see ihe Pno�ec� Summery sed(an of this report
for NELAC oe�f6catlan rwmbers of labonaborfes used. A� of QualHiers � aval{able upan ►eq�esL
If you f�aave am+ m�►c� aoncen�ng thts report, p►ease tse� rree to conma me.
�np�aly,
,
. �' *
MeBasa II+�ls for
l�acta BaUda►In
V.P. of Ope�adona
Repod ID:1647868 P�qe 1 of 14
FDON� E86�
CERTIFICATE OF ANALYSIS
TNs �eport eha� not ��in �I�`ebo� eforfes. d�c..
wftlnuttlte xrtiifem m�eerK ofJ
�, �' -
�.�:,�
� � � � � � � Juplter Frnnromner�la� taborafoqee, lnc.
150 3. Old D&le H�hvray
E.a�:+ucmr�.. .:. t :L , - �, Juplter,FL98A68
�:�_ Phone: (S81J676pD30
Fa�c (681�`l64i78
SU�MARY OF HRS �
Workorder:164Z868 '
ProJect ID: Key Es�s WF900Z�:4D01
Lab Sample tD CBent Semp[e ID . p�h/ .
Analyte Qual PQL MDL Unfts Method
1647868001 CCSS-7 .
Percent SoGde (DM�9M) 84.T . 0.1 X SM 254�G
Arsenic 1.2 0.53 Q087 mgfify EPA6020
1847888002 CCSS-2
Peroent Sollds (DrywelgM} 94.7 0:1 °,6 SM 2540G
Arsenlc 72 . Q53 QO87 mpACg EPA6020
1847�68008 CC33�3
Percent SoGde (�ry►Neight) 97.1 R'! % SM 2640G
Arsenic . 1.3 0.52 . 0.084 m�ii(g EPA 8020 .
7847868004 CCSS.4
Percent Sotlds (�MNeiOhtj 96.8 0.1 qb SM 254�
Arsenic 0:50! 0.52 0.085 mgA(g EPA6020
7647868005 CCEVM-1 - �
ArseNc 35 20 0.65 ugR. . EPA200.6 (To1en �
164T8N006 CCPSL-1
�� 0.66i 20 0.85 ' ugll- EPA200.8 (Poled)
RepoR lD:1647866 P�e 2 of 14
1608281131
FDOt� E86546 -
CERTIFICATE OF AN�RLYSIS
TNs repwtsnae�rotee �,oauoed, mcoept inh,�,
wfNfowViemitlen �eraofJuPf�t6rvYoirnenffiI LsEOlatoties, tt�.
- 1 a •, ; '�;..�. a
-�.
� � �' � � � JuAfter Ervtmnme�l Laborarodes, Inc.
7� S. Old Dbtle Highway
� 'i�:;r:�i;�`�; ! I =. : .. . .. I,.. Jupttar.F133456
{_, Phana (561)576-0D30
F�t: (681�'"iJ5-4NB
Ss�PLE ANALYYE COUMT
Workmdee 16478�8
Project ID: Key F.slates UVF9QQ288.0001
Analy�es
L:ab ID Sampl� iD ��d ��
9647868001 OCSS-1 Epq �p �
SM 2540G �
9647868002 CCSS2 EPA8020 . �
gM 2540G 1
16478B8003 CCSS-3 EPA 6620 1
SM 2540� �
1847888004 CCSS-4 EPA8020 �
SM 25400 �
184788BQD5 CCE11M-1 EPA20D.8 (t'ofel) �
1647868008 CCPSL-1 EPAZOQ.B (Total) 1
Repod ID:1647866 P� 3 of 14
18Q8291131
FDOK# E�86546
CERYIFiCATE OF AHAL.YSIS
TNs report shetl not 6e �opmduoed. except tn fu6,
M�thaut the rrrilten consertt of,A�@er EnvYo�vnerGal LeDaetories„ Inc..
1 , � Y' �'� � a
- :
r , i ` � JWfOar Errvironmenfel Laboratntles. Utc.
M� A�, �r r � 1bOS.O1dD6de HIg11w9Y
!-: :��tiinll7F�� �v .ntl:. ., �.r i . i: . . r�Wqf'�� '
�,_ PFqne: (681}575-Q030
Fe� (661�5754116
.5���� .SV���
workorder:1f,47868
ProjeCt ID: Key F.stiates;WF90�299.0001
Lab tD Sampie ID AAatrioc Dabe ColleCbed Qate Rac�iv�s1
. 164788800t CCSS-1 SoiYSoGd ' �24/201810:30 _ 8/24I201813:45
1647888002 CC33�2 . SotU3vttd 8l24l201810:40 8/24/201813:49
1�4a8�8� CCSS�3 5oiU3o9td 8/�4f2098 90:50 8l24P201813:45
������ � SofUSolid 8l24/201811:Q0 8f241201813:45
18478880Q5 CCE1/M-1 Aqueous L1lqtdd 8/24I201612�5 8/24ft0161S:45
1847868pp6 CCPSL•1 � Aqueoua Liquid 8/24I201619:35 8i24/201613:45
ReportlD:16478B8
1808291131 Page 4 of 14
FDOH� E8654B
CERTIFICATE OF �iNALYSlS
+erthout tne w�i9��i, d��n �. exae t bo v rslorles, tnc..
,
..
.� e� L ,
s 4} �
� 4+ �■�� C Jupl6sr Eml�omnental LaborataAes� Irtc.
� 1 W S. Old Dbde Ntghway
�- ;,.: > � JupPoer, FL 33458
.i i.r::;l�r _ I. �i: �':: . _ .
` Phorre: (681�75�0090
Fax: (581Xi75d11B
ar��rnc�� Resu�Ts
Worko�der. 7647888
Project ID: Key IEstates WFgpp2gg.Qp01
Leb ID: 1847868b01 - Date Reoehred: B124/Z01813:45 Nlatrbt: SaiUSpt�
Sampie ID: CCSS-1. Date Collected: 812qJ2p1810:30
Parameters Resutta Units PQL MDL OF Prepan�i By finalyzsd �y Qual
Wet Chemisiry
�+sjs r�• z�w� pe�cent sor�rs �ayw�,t) Ansry�c� a��,aa: s�n 2sao�
PeroentSollds(Dryw�igh� 94,7 gb p,t 1 8l25/201817:19 BFM
/�nalysls Desc: EPA 6020 A1�tals SCIW by ICP/MS (Sj At�ar�tipn Method: EPA 30608
AriatYN�llVle�►Od: EPA8020 �
Arsenlc 12 mg/Kg 0.53 O.Q87 2 8/25I20t810:48 Z5 8/25/201815:22 ZS
Report ID:1647668 Page 5 of 14
1608291131
FDOH# E863�46
C@RYIFtCA'PE OF ANALYSIS
nra �eporemmd nane revnoauoea, ex�a u, run,
wtr�outmewrdeencortseMarJ,�EnvaormieMat Laboratosies� lnc..
. _. �� S$�Fr '
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�so s . Old �de HiglnvaY
,� .:, ,,i,�' • .., 1. ,.... �I: ._. _ � JuPIDe�FL33458
'�_ ' Phcna: (681�7G�0030
Fex: (561�7b-411B
ANALY79C/�L RESULTS
Workotder:1647868 ' �
ProJed ID: Key Estates WF90G299.0001
Lab ID: 16478680Q2 Date Reoairr�d: 824201613:45 Maba: SolUSot'�d
Sample ID: CCSS-2 Date Go�ecbed: 8/24/201610:40
Paramefers . Residb UnNs PQL {W9L DF Preperied � Dg Arr�h�d �y Qual
Wet ChQmtstry
Ar�i�s Desc: 2540G F'etceM Soqds (Drywelghtj Analq�at �VAdhpd: 5M 2540(3
Percent Sollda (Dryuvelghtl 94.T % 0.1 1 8JZ6/201617:19 BFM
Analysi8 Q�sc: EPR 8020 Metais 3CAN:by ICP/fNS (Sl . pnepereCon A�fhad: EPA 3050B
AnatyliCel Method: EPA 6020 .
Arsenic 1.2 mglf�g 0.63 0.087 2 8J2�l2016�10A9 Z5 �1Z5/201616:27 ZS
Repat ID:1 @47888 - Paye B ot 14
1608291131
FDOHfR E86S48
. CE�7'I�ICAT'E OF ANAlYSIS
Thm �rt dtmi not be rep�oaueea. �ooe tn�
wid�outthe wtklen cot�ntoFJupiter Cmv{to
. u �� `��.� .
�1 :
� � �.� te r .��,�����.,�.
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ci� _=� .� , � �.Fl-384ba
i p}qne; (5g1)b76
Fes.(Fi6lj576�4178
I�M�Y4ICAL RESULTS
workord�:184i'868 '
Project 10: Key Estates WF900289.0001
Lab ID: 1647�03 Date Reueived:. 8/24I201613:45 MaMx: SoiUSoGd
Sample ID; CCSS� Date (;otlected: 8@41201610:60
P��� ReauNe Unfts P�C �MDl. DF�Prepared gy qe�alyzed By Qual
Wit Chemtstry .
�ys�s nes�: 2sao� �oer►i so� (arywe�tn� �ry� M�,d: sn� 2�oc3
Peroenc souas �orn�ei9ht) e�.� �. a� � arz�r2o�s �r.�s eFlw
�� �sc: EPA 60�20 A�is SCRI� by IGP/MS (S) p�p� �. � 3�p
An8�1 MeEhod: EPA6020
�nk 1.3 rrmglKg 0.52_ 0.084 2 81251209610:49 ZS 8/25/2016 lS:S1 ZS
-
�
�
Fteport ID:1847898
Pege 7 of 14
1608281981
FDOIi� E8S54$
CERTIFICAT� Q�F ANALYSIS
wtuwut a� vv �e� an ° oon�sent o�f d pRe��� N l+abor�a�borte�. I�.
,: _� �,;�44�,':, �
y
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Jupibr EnvL�uronerdel le6oistories.l�.
!,�^ 6 so
� R,A ��'� � L 160 S Oid D'octiB Hlghwey
. cii�:ti„�ic�tt �..: .,:.. ,... �.r:.. , .. Jupi�FL33�58
�,� Phone: (661)576�Oai0
' Fa�c {661�75�4118
ANALYTICAL I�ESULTS
Workorder.16478BB . �
ProJect ID: Key Estatea WF800288.0001 : �
Leb ID: 1647868004 Date Reoelv�d: 82U201613:45 Il�trioc. $olUSolld
�mple ID: CCSS-4 Date Coqec6ed: 8124/204B 11:00
Psrameters Resulis Units PQL RA�L DF l�rep�red . By ,AnaVyzed By Quaj
Wet Cheml�try
Analysts Desc: 254p0 Peroenf Sotids (Dryaieight� r4naiy�cal Method: SM 2540G
PeroentSolWs(Dryixel8ht) 96.8.;% 0.1 1 8�226l201617:19 BFM
a�ay�s �c:. �►so2o n�m� sc�w �y �cPn�as cs) ��o� rae�: �n �e
. Malyeeal Meihod: EPA 8020
�� 0.501 Png/Kg 0.52 0.085 2 8/25/2,01610:49 ZS '81251201815:35 ZS
Report �D:1647886 P�e 8 oF 14
160829 1131
FDOH# E86546
CE�i'IFICAT'E OF AR�ALYSIS
TFUs �eywt eh.n not oe rep�oau�►, except tn r,d,
wltlmut tt�e ��sent of Jupker Environmentel L�baappdes, ln�
�+�_«�<�, r
_ ;:J.
� �l.1 � � � � � ' ��r �meMa! laborarorles; Ine.
760 S. Ok1 D'aie H�hwaY
L��. ,,, �: IF!:.:.� �rc,�i�-� L-�. JuP'd9GFL334b8
��=� Phone: (b61)Sl5�OQ?0
FmC (�1�/W718
AN�SI.VTPCAL RESULTS
workoNer: iB47888
Pro�ct ID: Key Estates WF9�288.0001
Lsb ID: 1647868005 �te Received: 81aq/Z01613:45 Matrbc: Aqueous LPquld
Ssmpte ID: CCEVM.1 D�be Co�et�ed: 8/24/201612:25
Parameters Resulle ikiib PAL AADL DF Prepamed By AnaAr� By Qual .
Anah�sie Dssc, EPA200.8 Me�b (Illn Preparatlon AAetl�od: EPA20o2 mod.
�gt�! Motltod: EPA�0.8 (ib�l)
�n� 35.u9IL 2.d 0.65 • 4 8R41201818:47 ZS 8/25/201612:54 ZS
.
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I � .
.
.
ReAort ID: l847868
1608291131 � Page 8 of 14
FDOFi�R E86546
CERTIFICATE OF ANALYSlS
wm�,c �� a,n��r��n� r� fi ' r '�no�s. x�..
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�, PhOria: (b81)576�0030
F�fc (561}57fr4118
AM/s►LY�ICAL RE�UL7'S
workorder. 1647868
Project ID: Key Estates WF900299.W01
Lab ID: 1647�680� date Reoeived: 8242016 f3:45 Matrix: Aqueous L�uld
Sample ID: CCPSL•1 Date CoUecEed: 824/2018 93:35
Psrameters Resulis Untb PQL MDL DF Pnep�red By llnalyied By t]ual
MafyBts F?ese: EPAZ00.8 Metsls (YII) PrePB�bn Method: EPAZa0.2 mod:
�p) Melttod: EPA200.8 (Tofslj
Arsenlc O.�i ug/L 2.0 � 0.65� 4 8/24P201816:47 Z3 8/1.51201812:58 2S
ReportlD:1847888
1808291131 Page 10 of 14
FDOH# Ei6546
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Worlronder:1647888 '
ProjeCt ID: K�y Estate.s WF9Dd299.0001
P/1RAME7'ER 4UALIFIERB �
PiLOJECT COMMENTS
1847898 A�rEed vah�e of U Itttlicates That 1he cwnpound wag analy2ed for titit not de�txed ahove the MDL. A vafue
�49�d with an 9" Ylag t�dlcates that Q�e repor�d value Is beMreen tlie laboratory meQrod de�ec6on IYnit and U�e
P�t1w19imnti�Uon ILnit .
Report ID:1647868
1608291131 Psge 11 of 14 .
FDQH� E865�6
CERTI�IC/�TE OF ANALYSiS
7Ms ►eport sf�8 not be rsiproduced. e�tcep� in tud,
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�°•- PhonB: (661�15�0030
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�l��,L9iY COidTROL DAi�a
WorkoNer.1847688 •
ProJect ID: KeY Estates WF80Q299.0001
t1C Babch: AtDOl�7873 Analysls Melhod: . EPA200.8 (Totelj
QC Batdt Method: EPA2002 mod.
A�odamd Leb Sampl� 1647853DD1 1847868001 16478A8005 1647868008
METHOD BLANK: 103939
' Blank R�porBng
P��� Urr�s Result Umtt Qual(8ers
Arsen�c �A- . U O.iB �
LABORATORY CONTROL SAMPLE � LCSD: 103340 103341. -
S�7ce LCS LCSD LCS 4CSD 9b Itec �
Pa►ameter. UnNs Cona Result Rssult 96 Rec °� Rec t�mit RPD RPD Q�liflers
ArseNc . uglL• 50 46 47 92.3 93 85-115 2.95 20
ReportlD:1647868
16Q8'191137 Page 12 of 14
FDOH� E865�45
CER7iFICAYE OF A�iAI.YSi3
Thia repott ehall not he reA�odu�ed. mmep� In full,
w�itotdlhB wrfHen conseltt OfJuPfter EmrLortm�Aafta6oratoriea, InC..
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QUALET'i' CONi'ROL DATA
Woricordec 1647886
ProJect ID: Key Estetes WF900289.0001
QC Betch: NDOlrJBTI MatysEa Method: _ EPA 8020
QC Bstdt Metliod: EPA 30508
AssoGabed Leb Semples: 16478880p1 1647888p02 1647868003 1847888�04 1647870001 1847870002
ME�HOD BWVK: 103371
Blank RepoAfnp.
Perameter UnRs Res�k Lima QuaUfiers
ArseNc mpA(9 . . U 0.041
� LABORATORY CONTROL SAAAPLE 8 ICSD: 109372 1 p3373 .
P �� Spike LCS LCSD LCS LCSD 95 Rec �
UNts Conc. Result Rsauit %Ree 'b Rec Limft RPD RPD "Qua6flers .
Arsenlc r�ACg 10 10 10 104 104 80-120 0. pp
MATRIX SPIf� SAMPLE: 109376 Ortglnel: 1647874014
�� SP(Ote MS � AAS 96 Rec .
i'arameter Ur�ts Result . Cone. Res�dt °k Rec Limib QualiBers
Arse�ic mgll� 0.68 20 - 20 98.3 75-725
SAAl1PLE DUPUCATE: 109374 �ip(nel; 1647874014
OdB� DUP �
Parame6ar lJir� Resadt � R�ea."t RR�D RP� Givai�ers
�� m� 0.� 0.83 11.1 2p
ReportlD:1647888
�84828 N31 P�e 13 of 14
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CER'8'iFiCATE OF AWAI.YSIS
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�" ' Phcr�: (581j,?G-0090
Fe�c (687�i7$.q118
4�dA1.1'PY COtJTROL DATA CROSS R@�ERENC@ T�1BLE
Workorder.1647868
� Projea iD: Ksy Esfetes UVF900289.00a1
Lab !D Sample ID. QG BatcFt Il�sihod QC Batch q� ��cal
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1647868001 CCSS-1 SM 2b40G WGR/Z897
Re�rt ID:1847888
1�6291791 Page 14 oF 14
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The Pa1m Seaclz Post
0
Palm Beach Daily News I � eabar .
GOLDSTEIN ENVIRONMENTAL LAW FIRM PROOF
.
OF PUBLICATION STATE OF FLORI � A
D CO.UNTY
OF PALM BEACH Before the undersigned authority
Notice of Community Meeting and personally appeared Rosemary Hindmarch, who ori �
Public Hearings for Proposed Green .
Reuse Area Designation Pursuant to oath says that she is Call Center Legal Advertising
Florida's Brownfieids Representative of The Palm Beach Post, a da+ly and
Redeveloprnent Act Sunday newspaper, published at West Palm Beach
A community meeting stiall be con- in Palm Beach County, Florida; thafthe attached
ducted on October 25, 2015, from 5:30
p.m. to 7:00 p.m. forthe purpose of af- copy of advertising for a Notice was published in said
fording interested parties the oppor- newspaper on First date of Publication 10/18/2016
tunity to provide comments and sug- and last date of Publication 10/18/2016 Affiant further
gestions about the potentiai designa- says that the said The Post is a newspaper published
tion of property located at 4534 and at West�Palm Beach, in said Palm Beach Coun ;
4546 County Line Road,.Tequesta, FL . tY
33469, Folio Nos. 60-42-40-25-00-001- , Florida, and that the said newspaper has herefofore
0030 and 60-42-40-25=00-000-1080, as been continuously published_in said Palm Beach
�a Green Reuse�Area pursuant to Sec County, Florida, daily and Sunday and has been
tion 376,80(2)(c), Florida Statutes. The entered as second class mail matter at the ost o#fice
community m.eeting, to be held at tfie P
Tequesta Recreation Center, located in West Palm Beach, in said Palm Beach Cout�ty, _
at 399 Seabrook Road, Tequesta, FL Florida, for a period of one year next preceding the
33469, will also address future devel- first publication of the attached copy of advertisement;
opment and rehabilitation activities and affiant further says that she/he has neither paid
planned forthe site b.ythe designation
appf icant, Key Estates Tequesta Senior nor promised any person, firm or corporafion any
Housing, LP. discount rebate, commission or refund for #he purpose
of securing this advertisement for. publication in the
Two public hearings, dates to be an- said newspaper. Also published in Martin and St.
nounced, will be held at the Village of Lucie Counties. TEQUESTA PROPERTY Ad ID:
Tequesta Vif lage Hall, located at 345
Tequesta Drive, Tequesta, FL 33469. 1293394 Ad Cost:15824
For more information regarding the
community meeting and/or the public
hearings, including dates for the pub-
lic hearings, or to provide.comments .
and suggestions regarding designa-
tion, development or rehabilitation
at any time before or after the com-
munity meeting and/or public hear-
ings, please contact Michael R. Gold- �
stein, who can be reached by tele-
phone at (305) 777-1682, U.S. Mail
at The Goldstein Environmental Law
Firm, P.A., 1 SE 3rd Avenue, Suite
2120, Miami, FL 33131, and/or email at
mgoldstein(a�goldsteinen�law.com. ,
PUB: The Palm Beach Post 10-18T2016
#662156
- :,; .,.:
.�`�"•'`�;:. ��GCiYA IAAZZA
_; - 's;� '" MY COMMlSSION # FF985806
- , - ���'a � '� EXPIRES Apri! 25, 2020 .i
Sig _ - - - �'° ,; � •�,3�,�_ - �5�.� -
Sworn ,fo . nd subscribed b.: ,.ore 1 Q/24/2016.
. W�ho is personally known to me.
10/18I2016 Notice of Community Meeting for Propased Green Reuse Area
CL south florida >
palm beach co >
community >
general community
Post2d 2016-10-18 9:29am
................................................
Notice of Community Meeting for Proposed Green Reuse Area (Tequesta,
FL)
Notice of Community Meeting and Public Hearings for Proposed Green Reuse Area Designation Pursuant to
Florida's Brownfields Redevelopment Act
A community meeting shall be conducted on October 25, 2016, from 5:30 p.m. to 7:00 p.m. for the purpose of
affording interested parties the opportunity to provide comments and suggestions about the potential designation
of property located at 4534 and 4546 County Line Road, Tequesta, FL 33469, Folio Nos. 60-42-40-25-00-001-
0030 and 60-42-40-25=00-000-1080, as a Green Reuse Area pursuant to Section 376.80(2)(c), Fiorida Statutes.
The community meeting, to be held at the Tequesta Recreation Center, located at 399 Seabrook Road, Tequesta,
FL 33469, will also address future development and rehaliilitation activities planned for the site by the
designation applicant, Key Estates Tequesta Senior Housing, LP.
Two public hearings, dates to be announced, will be held at the Village of Tequesta Village Hall, located at,345
Tequesta Drive, Tequesta, FL 33469. For more informat'ion regarding the commuiuty meeting and/or the public
hearings, including dates for the public hearings, or to pr.ovide comments and suggestions regarding designation,
development, or rehabilitation at any time before or after the community meeting and/or public hearings, please
contact Michael R, Goldstein, who can be reached by telephone at (305) 777-1682, U.S. Mail at The Goldstein
Environmental Law Firm, P.A., 1 SE 3rd Avenue, Suite 2120, Miami, FL 33131, and/or email at
mgoldstein@goldsteinenvlaw.com.
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contact name:
Lindsay Walton
call:
u (305) 777-1686
reply by email: �
Iwalton@goldsteinenvlaw.com
http://m iam i.craigslistorg/pbc%om/5834203394.htrnl# 1/2
10/18/2016 Notice of Community Meeting for Propased Green Reuse Area
webmail links:.
gmail
yahoo mail
, hotmail, outlook, live mail
aol mail
copy and paste into your email: - �
Iwalton@goldsteinenvlaw.com
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http:/lmiami.craigslistorg/pbc%om/5834203394.htrnl# 2/2
Exhibit C
ORDER OF THE VILLAGE COUNCIL
VII,LAGE OF TEQUESTA
REQUES-T—TOR-SP-ECIA-L- EXCEP—TI.ON
FILED: Villa e of Tequesta
' CASE NO.: SEU-02-16 Date: ��a �
IN RE: Gentile, Glas, Holloway, O'Mahoney & Associates, Applicant; T�me' �" �
Key Estates Tequesta Senior Housing, LP, Owner
PROPERTY LOCATION:
4534=4546 County Line Road, Tequesta, FL 33469
LEGAL,DESCRIPTION:
25-40-42, N 552.98 FT OF E 280 FT OF NW 1/4 K/A GOV LT 1(LESS N 190 FT OF E
150 FT 8c N 140 FT OF W 65 FT OF E 215 FT); and 25-40-42, W 420 FT OF NW 1/4 OF
NE 1/4 (LESS S 779.63 FT)
PARCEL CONTROL NUMBERS:
60-42-40-25-00-001-OU30 and 60-42-40-25-00-U00-1080
SPECIAL EXCEPTIONS REQUESTEDc
Planned Residential Development and Adult Congregate Living Facility
ORDER APPROVING APPLICATION
This cause came on to be heard upon the above application and the Tequesta Village Council having
considered the evidence presented by the applicant and other interested persons at a hearing called and
properly noticed, and the Tequesta Village Council, being otherwise.duly advised,
THEREUPON, THE TEQUESTA VILLAGE COUNCIL FINDS AS FOLLOWS:
1. The subject property is located in the R-2 Zoning District, in the Village of Tequesta.
2. , The applicant has submitted all documents reyuired by the Village's Code of Ordinances for
special exception review.
3. The application and all supporting documentation and presentation materials as reviewed by
the Village Council at its August 1 l, 2016 meeting, and as kept on file by the Village, are
made a part hereof and are heceby incorporated by reference.
4. According to Section 78-174 of the Village Code of Ordinances, planned residential
developments and adult congregate living facilities are permitted as special exceptions in the
R-2 Zoning District upon approval by the Village Council.
5. The applicant has applied for a special exception to develop and operate an adult congregate
living facility as a planned residential development at the above referenced location.
6. Under the provisions of the Village Code of Ordinances, the Village Council has the right,
power and aud�ority to act upon the request herein made.
Page 1
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IT IS THEREUPON CONSIDERED, ORDERED AND ADNDGED B.Y THE VILLAGE_
COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
'i'he_application_for_Special_Exception,=Case-No:-SEU=02=1.6-with_r.eference-to_the_aboue_descr.ibed
property within the Village of Tequesta, Palm Beach County, Florida, to,permit the following:
development and operation .of an .adult congregate living facility as a planned residential
development,_ in accordarice with the special excepfion application atfaclied hereto as Exhibit "A"
is.hereby APPROVED since the Village Council hereby finds that the applicanCs hav.e met the standards set
'forth in Secti..ons ?8-3b3. and 78=3.64 'of the Tequesta Zoning Code for special, exception, approval. The
following conditions of approval, to which the Applicant has agreed,.shall apply to this approval: .
1: The Applicarit shall _provide the Village with: historioal dooutnentation regarding the arsenic
. and petroleum contamination. assessments that l�ave been done in the past; and
2. The Ap.plicant shall provide the Village with historical documentation regarding the arsenic
�and petroleucri contaminafion soil remed'ial-excavations and groundwater. treatment activities
. that have been done in _the.past; and _
3. The Applicant shall irnplemenf confrols into t}ie approved site plan and provide
documentation evidericing regular, consistent controls, and evidencing ongoing cleanup
activities 'that are reducing or eliminafing the exposure risks to human health and to the
environment; said documentation and cleanup activity shall be . based on then current
�environmental best practices. Said documentation shall� be provided to the; Viilage on arr .
annual: basis, until the exposure risks ;to human healtli and to the .environment hav,e been
eliminated. .
* The,term applicant(s) as used herein shall include all successors and assigns.
* The applicant's. special exception approv,al shall expire in twelve (12) months unless a building
permit has been obtained, preliminary site plan or plat approvai has. occurred, or other significant �
action to satisfythe requirements of this approval have occucred in accordance with Sec. Z8-367.
DONE AND ORDERED THIS �II` DAY OF AUGUST, 2016.
,.
_ , -
MAYOR A � GAI B ` NNAN,. -. . ,
��'"� F T""''" � VILLAGE - F TEQUESTA
� ��' ' ` � I ���//,J���� s���pO��''G��s
��R.i�/`!W�':� � 4
LORI McWILLIAMS, IVIMC "
��� SEAL �N��
VILLAGE CLERK ; � INCORPORATED � _
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