HomeMy Public PortalAboutGulf Stream Sch. Dev. Agreement w/ amendmentsJOHN C. RANDOLPH, Esquire
Jones, Foster, Johnston & Stubbs, P.A.
Post Office Box 3475
West Palm Beach, Florida 33402-3475
I IN 1111111111111111111111111111111 if 111111111111111111
CFN 20130195956
OR BK 25968 FOG 1520
RECORDED 04/30/2013 16:21:03
Palm Beach County, Florida
Sharon R. Bock,CLERH & COMPTROLLER
P9s 1520 - 1524; (5pgs)
SECOND AMENDMENT TO DEVELOPER'S AGREEMENT
THIS SECOND AMENDMENTWO DEVELOPER'S AGREEMENT (the "Second
Amendment") is entered into on this = day of April 2013, by and between the TOWN OF
GULF STREAM, FLORIDA, a Florida municipality (the "Town"), and GULF STREAM
SCHOOL, INC., a Florida corporation not-for-profit (the "School") (the Town and the School
are collectively referred to herein as "parties").
WITNESSETH:
WHEREAS, the parties hereto entered into a Developer's Agreement dated June 10, 1994
and recorded on June 20, 1994 in Official Records Book 8311, Page 630 of the Public Records
of Palm Beach County, Florida, as amended and modified by that Amendment to Developer's
Agreement dated April 9, 2001 and recorded on April 13, 2001 in Official Records Book 12458,
Page 1563 of the Public Records of Palm Beach County (as amended, the "Agreement").
Capitalized terms used herein but not defined shall have the same meaning as set forth in the
Agreement; and
WHEREAS, in order to better provide for the needs of the students of the School the
School filed with the Town on or about November 15, 2012 that Application for Development
Approval (for Demolition Permit, Site Plan Review -Level III and Variance Review)(the "2012
Application") and requested that the Town approve the demolition of the existing one story
pavilion that is presently located within Envelope 1A and the construction within Envelope lA
of a new, two story pavilion/classroom building, covered walkway, stairs and related
improvements (the "New Pavilion/Classroom Improvements"); and
WHEREAS, subject to the conditions further described herein on January 11, 2013 the
Town granted its approval to the 2012 Application; and
WHEREAS, the parties wish to further amend the Agreement to provide for the matters
herein addressed.
NOW, THEREFORE , for and in consideration of Ten Dollars ($10.00) in hand paid, the
foregoing and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged by each of the parties, and based upon the mutual agreement of the parties,
the Agreement is hereby amended and modified as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference.
W ESTPALMBEACH/603138.1
2. Amendments. The parties hereby agree that the Agreement is amended as follows:
a. The 2012 Application included the following requests, all of which have been
approved by the Town:
i. Request for issuance of a demolition permit to demolish the existing one story
pavilion consisting of 1,681 square feet;
ii. Request for Level 3 Architectural/Site Plan Review to permit construction of the
New Pavilion/Classroom Building, consisting of a total of 4,875 square feet, within
Envelope IA;
iii. Request for variance to permit an increase to the total allowable floor area at the
Premises, pursuant to the Agreement, of 61,737 square feet by 1,617 square feet — for a
total allowable floor area at the Premises of 63,354 square feet; and
iv. Request for variance to permit an increase to the total allowable second floor area
within Envelope 1A, pursuant to the Agreement, of 6,000 square feet by 1,765 square
feet — for a total allowable second floor area within Envelope I of 7,765 square feet.
b. The 2012 Application was approved with the following additional conditions to those
already established and ongoing pursuant to the Agreement, as modified by this Second
Amendment:
i. The School shall provide to the Town a yearly certification that enrollment at the
School does not exceed the maximum student enrollment of two hundred fifty (250)
students, as established in Section 1(B) of the Developer's Agreement dated June 10,
1994;
ii. The School's campus shall not be expanded further into existing single-family
lots adjacent to the Premises and located in the Town's RS -C (Gulf Stream Core District)
and RS -0 (Residential Single -Family — Ocean West) Districts.
iii. The School shall submit a Construction Traffic Management Plan to the Town
prior to the Town's issuance of a building permit for construction of the New
Pavilion/Classroom Improvements;
iv. The School shall reimburse the Town for all advertising and Town legal fees
associated with the 2012 Application, not to exceed $5,000.00; and
V. As reasonably requested in the future by the Town, the School shall dedicate a
non-exclusive 9' utility easement across the entire eastern frontage of the Premises at and
along the right-of-way for State Highway A -1-A, subject to the following: (A) the
Town's usage of such area shall be limited to location, placement and installation of and
facilitation for under -ground lines and conduit for transmission of power, phone and
other utilities, and (B) implementation of such usage by the Town shall not cause
removal or relocation of existing landscaping or improvements, e.g., fences or gates, as
presently located upon the Premises.
-2-
WESTPALMBEAC W603138.1
c. The remaining provisions of the Agreement shall remain unaltered.
3. Miscellaneous.
a. The terms contained in this Second Amendment shall govern in the event of any conflict
between the terms hereof and the terms contained in the Agreement.
b. Except as herein modified, all of the terms and provisions of the Agreement shall remain
in full force and effect.
c. The parties agree that this Second Amendment shall be recorded in the Public Records of
Palm Beach County, Florida, within fourteen (14) days of execution by all parties.
d. This Second Amendment may not be amended or modified, nor shall any waiver of any
provision hereof or thereof be effective, except by an instrument in writing executed by the
parties.
e. This Second Amendment shall be binding upon the parties and their respective legal
representatives, successors and assigns.
f. The provisions of this Second Amendment shall be construed in accordance with the laws
of the State of Florida.
g. This Second Amendment may be executed in any number of counterparts each of which
shall be considered an original and one and the same document. A facsimile copy of this Second
Amendment and any signatures hereon shall be considered for all purposes as originals.
(The balance of this page left blank intentionally.
See next page for signatures.)
-3-
WESTPALMBEACH/603138.1
IN WITNESS WHEREOF, the partes have executed this Second Amendment as of the
day and date first set forth above.
Signed, sealed and delivered
in the presence of the following witnesses:
.awe
Print Name. s
at Name:
Signed, sealed and delivered
in the presence of the following witnesses:
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WESTPALMBEACW603138.1
TOWN OF GULF STREAM, FLORIDA, a
Florida municipality
By: GC
Jo Orthweii , Mayor
Attest: t`
By:
Rita Taylor, Town Cler
(TOWN SEAL)
GULF STREAM SCHOOL, INC., a Florida
corporation not-for-profit
By: Az;�, 6e=12
(ff&ry0P-.bung,-esi t
Second Amendment to Developer's Agreement— Signature page
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this -JL,� day of April, 2013, by
Joan Orthwein and Rita Taylor, respectively, Mayor and Town Clerk of the Town of Gulf
Stream, Florida,
produced
Florida municipality, X who are personally known to me or ❑ who have
(Please affix notarial seal)
=��k
. AVERYION/150113mha 01, 3013OlorAc Cb.
STATE OF FLORIDA
COUNTY OF PALM BEACH
as
Notary PDOc - //9
My Commission Expires: 1,(,/l / I/�
The foregoing instrument was acknowledged before me this, J day of April, 2013, by
gory E. Young, as President of Gulf Stream School, Inc., a Florida corporation not-for-profit,
who is personally known to me or ❑ who has produced
as identification.
(Please affix notarial seal) �Es
1�
Notary Public
My Commission Expires: aces
MYCOMMISSMAEEMM
EXPIRES: March 9, 2015
•'� ' 6=W Thru tldary Pubic Oakmim
W ESTPALMBEACIfV603138. I Second Amendment to Developer's Agreement — Notarial page
PREPARED BY/RECORD AND RETURN TO:
JOHN C. RANDOLPH, Esquire
Jones, Foster, Johnston & Stubbs, P.A.
Post Office Box 3475
West Palm Beach, Florida 33402-3475
Apr -13-2001 04:25pm 0 1 — 143202
ORB 12:458 Pg 1563
11111111111111111111111111111111111111111111111111 if III 11111
AMENDMENT TO DEVELOPER'S AGREEMENT
THIS AGREEMENT is entered into on the date shown below between the TOWN OF GULF
STREAM, FLORIDA, and GULF STREAM SCHOOL, INC., hereinafter referred to as "parties,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Developer's Agreement, dated June 10, 1994,
and recorded in Official Record Book 8311, Page 630, public records of Palm Beach County,
Florida; and
WHEREAS, the parties wish to amend said Agreement to provide for the abolishment ofthe
requirement that certain covered walkways be removed when certain construction is performed; and
WHEREAS, it is in the best interests of the children of the Gulf Stream School that said
walkways remain in place, despite the new construction that is planned at the School; and
WHEREAS, the School agrees to continue to use the Premises as an independent day school
in accordance with the accreditation requirements of the Florida Council of Independent Schools or
similar accreditation entity and in accordance with the terms of this Agreement; and
WHEREAS, the agreement that the maximum number of students, both seasonal and M -
time, that may be enrolled in said school at one time shall not exceed two hundred fifty (250)
students is affirmed. It is additionally affirmed that the Premises will not be used for any activity
other than for School and community events involving the residents of the Town of Gulf Stream,
Florida, the students attending the Gulf Stream School, and the families and friends of those
students. The remainder of the Developer's Agreement is affirmed except to the extent of the
amendments included herein: and
wmuussion.
ORB 1 24S8 Pg 1 S64
NOW, THEREFORE, in consideration of the foregoing and the mutual agreement of the
parties, the Developer's Agreement is hereby amended as follows:
1. Paragraph 3, Site Building Envelope, is deleted in its entirety and replaced with the
following:
"3A. Site Building Envelope. Exhibit J reflects broken lines around the
proposed one (1) story fieldhouse, the existing one (1) story chapel and the existing
educational facility (Envelope 1.) No buildings shall be erected or expanded outside
of this Envelope. Site Building Envelope calculations for the existing building
footprint area and for the total building footprint area (new construction included) are
reflected for Envelope 1 on Exhibit J.
In order to eliminate the need for the School to seek a variance from the
Town each time construction (in addition to the fieldhouse and auditorium
renovations) is desired in Envelope 1, the parties agree that a variance will not be
necessary for such construction provided that (i)the Total Building Area in Envelope
1 is not increased by more than 10,000 square feet over that on Exhibits B and J -and
for eaeh square feet afBttildirtg2krett in emeess of 00
The parties agree that the only variances from
which School is given relief pursuant to this Agreement are those variances
concerning: (a) setback or locational requirements; (b) the size of structures, and (c)
the expansion of a nonconforming use or the addition of a building which does not
replace or substitute an existing structure. Moreover, the School must comply with
the architectural and site plan review processes and other requirements of the Town
prevailing at the time of the expansion proposal.
Additionally, Envelope 1 contains an inner envelope, identified as Envelope
1(A) to depict a possible future second story area. It is agreed that Envelope 1(A)
shall not utilize more than 6,000 square feet of the permitted 10,000 square feet for
the second story. In the event a second story is added, it shall not be closer to any
lot line than one -hundred twenty (120) feet.
The parties agree that neither the fieldhouse and/or auditorium renovations
shall be constructed, nor shall any other buildings be erected or expanded within the
Envelope, unless all of those site improvements described in Exhibits B through G,.
inclusive, and Exhibit I ("Site Improvements") of this Agreement are completed
before or simultaneously with said construction. Provided, however, and
notwithstanding anything contained in this Agreement to the contrary, the Town
agrees that the School may add up to 400 square feet of the permitted 10,000 square
feet prior to the construction of the Site Improvements without the requirement of
one square foot removed per square foot added being enforced. Furthermore, nothing
2
ORB 12458 Pg 156S
in this Agreement shall preclude the erection of new buildings or additions within the
Envelope priorto the construction or completion of the fieldhouse and/or auditorium
renovations if the Site Improvements are completed before or simultaneously with
said erections or additions.
Finally, the parties agree that the Traffic Control Plan described in Exhibit G
shall not go into effect until the Site Improvements are completed.
M
annually on October 1 st of each year the sum of Ten Thousand Dollars ($10,000.00)
"New Contribution" = $10,000.00 x Adjusted CPI
Base CPI"
2. All other provisions of the Developer's Agreement shall remain in full force and
effect.
3.
3
ORB 12458 Pg 1 SSE.
IN WITNESS WHEREOF, the parties have executed this Agreement this =F itN
2001. -- day of
r
Signed, waled and delivyred
in theAreseace of-
' C%LLS w
Print Name
Witness
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Witness
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STATE OF FLORIDA
COUNTY OF PALM BEACH
TOWN OF v JLF STREA)\ t, FLORIDA
B
Ailliarn F. Ko h,r., Mayo{
Atter%i'„�]�,'� y _ �^
By
Rita Taylor; Town rk
(TOWN SEAL)
GULF TRE SCHOOL, INC.
By
I
(SEAL)
The foregoing instrument was acknowledged before me this I day of 6 Pi
2001, by William F. Koch, Jr. and Rita Taylor, Mayor and Town Clerk, respectively, of the Town
Gulf Stream, Florida, who are personally know to me or who have produced as
identification.
Public
MN C:OMASSION N CC 88
dorPFA EXPIRES: OM 20, 2003
1-90pJ�NDTFFTI gi3 i V.M SU 6 Somh
STATE OF FLORIDA
COUNTY OF PALM BEACH
ORB 12458 Pg 1567
DOROTHY H. WILKEN, CLERK GA COUNTY, FL
The foregoing ins ent was acknowledged before me this day of
2001, 01N a� of Gulf Stream Schoo c., who is
personally know to me or who has produced as iden ' cation.
No Public
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�.. ::_ MY COMMISSIONS CC995139 EXPIRES M Commission expires:
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; $f •4 BONDED YNRU TROY FAM INSURANCE INC
N:VCR\13147-01\GS School Amendment Red.wpd
JUN -20-1994 11:57am 94-213480
ORE 931 s. Fa 0
1 B1 N 1N 1® [III; !it €`I 13 OI!
DEVELOPER'S AGREEMENT
This Developer's Agreement is entered into as ofthis ( `day
of K' h -Q__, 1994 by and between THE TOWN OF GULF STREAM,
FLORIDA, hereinafter referred to as "Town" and THE GULF STREAM
SCHOOL FOUNDATION, INC., a Florida not-for-profit corporation,
hereinafter referred to as "School".
WHEREAS, the Gulf Stream School located at 3600 Gulf Stream
Road, Gulf Stream, Florida is situated on a parcel of real property
(the "Premises") of approximately 5.51 acres and legally described
in Exhibit "A" attached hereto, and
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WHEREAS, the School has requested that the Town approve the
m construction on the Premises of a multipurpose fieldhouse and a
a
covered walkway, the renovation of the existing auditorium and the
\ o �w demolition of the existing maintenance building in order to better
\n
� provide for the needs of the students of the School, and
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7 U
WHEREAS, the Town has approved two variances to the School in
�ro connection with said construction, specifically, a variance with
,� respect to adding a building that does not replace an existing
�3 o m structure and a variance with respect to the front yard setback,
u'+' a and
(n U)
0 0) WHEREAS, the Town has granted other approvals to the School as
a follows: a) a Demolition Permit to demolish an existing
oa maintenance and storage building, b) a Vegetation Disturbance
m Permit to add a row of trees and shrubs along State Road A -1-A and
< U); c) a Site Plan Approval, and
rx o
w x
,CQ 0 WHEREAS, this Agreement and Drawings attached hereto as
x" Exhibits are a condition of the above -referenced approvals of the
o Town.
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herein and for Ether good o and v al able conside ation premisesnsiration of the theo
oreceipt
0 of which is hereby acknowledged by each party to the other, and for
other good and valuable consideration, the parties agree as
� follows:
7
+J
Q' 1. Use of the Premises. The parties agree that the present
use of the Premises is a nonconforming use under the Town's present
° zoning code inasmuch as the same is zoned "RS Single -Family
m Residential District." The parties agree that in the event the
v Premises cease to be used as a school, as defined in Item A. below,
o in the future that the same shall conform to the zoning
U classification then in effect for the Premises and that said
Q) Premises shall not be subject to any other term or condition of
this Developer's Agreement.
0000
A. Use Requirements. The School agrees to use the
Premises as an independent day school in accordance with the
Iq accreditation requirements of the Florida Council of
U Independent Schools or similar accreditation entity and in
a accordance with the terms of this Agreement.
a
H
3 H. The parties agree that the use of the Premises as a
school shall be limited as follows: The maximum number of
students, both seasonal and full-time, that may be enrolled in
said school at one time shall not exceed two hundred fifty
(250) students. Said students may be enrolled in grade levels
Pre -K through 9. The School will generally be open between
the hours of 6:00 A.M. and 6:00 P.M. year round. After school
activities will generally not be conducted past the hour of
Page 1
DRB 831 1 N, E.3 1
7:00 P.M. during the weekday, and all events shall conclude by
10:00 P.M. Events or activities which will be attended by
more than fifty (50) persons and that are conducted past 7:00
P.M., regardless of the day of the week, shall be limited to
a total of twelve (12) per calendar year. Additionally, the
Premises will not be used for any activity other than for
School and community events involving the residents of Gulf
Stream, Florida, the students attending the Gulf Stream
School, and the families and friends of those students. The
School may not collect a rent, cash or otherwise, from any
individual or organization conducting an event on the
Premises, nor may the individual or organization receive
compensation for conducting the event unless that compensation
comes directly from the School. Moreover, only the School may
charge an admission fee to any event conducted on the
Premises. The maximum number of adults attending said
activities shall not exceed five hundred fifty (550).
2. Attached to this Agreement as Exhibits A through J are
the following drawings which are incorporated herein:
A. Survey prepared by O'Brien, Suiter 6 O'Brien, Inc.,
dated November 8, 1993, and identified as Order No.
73-95 XL [Exhibit A].
B. Site Plan, prepared by Gator Engineering Services,
Inc., dated February 7, 1994, last revised March
10, 1994 and identified as Job No. 93-145 [Exhibit
B].
C. Demolition Plan, prepared by Gator Engineering
Services, Inc., dated February 7, 1994, last
revised March 1, 1994 and identified as Job No. 93-
145 [Exhibit C].
D. Paving Plan, prepared by Gator Engineering
Services, Inc., dated February 7, 1994, last
revised March 10, 1994 and identified as Job No.
93-145 [Exhibit D].
E. Drainage Plan, prepared by Gator Engineering
Services, Inc., dated February 7, 1994, last
revised March 10, 1994 and identified as Job No.
93-145 [Exhibit E].
F. Water and Sanitary Sewer Distribution System Plan,
prepared by Gator Engineering Services, Inc., dated
February 7, 1994, last revised March 10, 1994 and
identified as Job No. 93-145 [Exhibit F]. All
buildings will be hooked up to the Gulf Stream
Homeowners Improvement Association Sewer System
with the exception of the three (3) houses, which
have septic tanks.
G. Internal Traffic Study Document and Traffic Control
Plan, prepared by Gator Engineering Services, Inc.,
dated April 21 and February 7, 1994, last revised
March 1, 1994 respectively, and identified as Job
No. 93-145 [Exhibit G]. All parking associated
with the Premises shall be on-site or on a
prearranged auxiliary site, but in any event off-
street.
H. Architectural Drawings, Sheets A-1 and A-2,
prepared by Charles E. Toth of Samuel Ogren, Jr.
and Associates, last revised March 2, 1994 [Exhibit
H].
Page 2
DRB 831 1 P9 E.3
I. Existing vegetation and Tree Relocation Plan and
Proposed Landscape Plan (Sheets 1 and 21
respectively), prepared by A. Grant Thornbrough and
Associates, dated March 3, 1994 and last revised
March 9, 1994. [Exhibit I].
J. Building Envelope and Building Setback Plan,
prepared by Gator Engineering, Inc., dated February
7, 1994, last revised March 10, 1994 and identified
as Job No. 93-145 [Exhibit J].
3. Site Building Envelope. Exhibit "J" reflects broken lines
around the proposed one (1) story field house, the existing one (1)
story chapel and the existing educational facility (Envelope 1).
No buildings shall be erected or expanded outside of this Envelope.
Site Building Envelope calculations for the existing building
footprint area and for the total building footprint area (new
construction included) are reflected for Envelope 1 on Exhibit J.
In order to eliminate the need for the School to seek a
variance from the Town each time construction (in addition to the
fieldhouse and auditorium renovations) is desired in Envelope 1,
the parties agree that a variance will not be necessary for such
construction provided that (i) the Total Building Area in Envelope
1 is not increased by more than 10,000 square feet over that shown
on Exhibits B and J, and (ii) for each square foot of Building Area
in excess of 400 square feet that is added, the School removes one
square foot of either Building Area or Covered Walkway and Covered
Open Structure Area. The parties agree that the only variances
from which School is being given relief pursuant to this Agreement
are those variances concerning: a) setback or locational
requirements, b) the size of structures, and c) the expansion of a
nonconforming use or the addition of a building which does not
replace or substitute an existing structure. Moreover, the School
must comply with the architectural and site plan review processes
and other requirements of the Town prevailing at the time of the
expansion proposal. Additionally, Envelope 1 contains an inner
envelope, identified as Envelope 1(A), to depict a possible future
second story area. It is agreed that Envelope 1(A) shall not
utilize more than 6,000 square feet of the permitted 10,000 square
feet for the second story. In the event a second story is added,
it shall not be closer to any lot line than one -hundred twenty
(120) feet.
The parties agree that neither the fieldhouse and/or
auditorium renovations shall be constructed, nor shall any other
buildings be erected or expanded within the Envelope, unless all of
those site improvements described in Exhibits B through G.
inclusive, and Exhibit I ("Site Improvements") of this Agreement
are completed before or simultaneously with said construction.
Provided, however, and notwithstanding anything contained in this
Agreement to the contrary, the Town agrees that the School may add
up to 400 square feet of the permitted 10,000 square feet prior to
the construction of the Site Improvements without the requirement
of one square foot removed per square foot added being enforced.
Furthermore, nothing in this Agreement shall preclude the erection
of new buildings or additions within the Envelope prior to the
construction or completion of the fieldhouse and/or auditorium
renovations if the Site Improvements are completed before or
simultaneously with said erections or additions.
Finally, the parties agree that the Traffic Control Plan
described in Exhibit G shall not go into effect until the Site
Improvements are completed.
4. Miscellaneous Provisions.
A. Compliance With Legal Requirements. The Town has
reviewed the construction of the proposed facility and
Page 3
ORB 8311 Ps t.33
renovations and believes the same to be consistent with its
comprehensive plan and land development regulations and that
no reservations or dedications of land by the School are
necessary for the Town's purposes at the present time, except
those easements generally indicated on Exhibit F.
Furthermore, the Town does not believe that the same will
cause any detriment to the Town or to its citizens' public
health, safety or welfare. The parties agree and acknowledge
that the failure to address in this Agreement any particular
condition, term or restriction shall not relieve the School of
the necessity of complying with any law governing said
required condition, term or restriction.
B. Recordation of Agreement. he parties ree that
Tthis Agreement shall be recorded in the Public Records of Palm
Beach County, Florida within fourteen (14) days of execution
by all the parties.
C. Enforcement. Either party may file an action for
specific performance and/or injunctive relief in the Circuit
Court in and for Palm Beach County, Florida, in order to
enforce the terms of this Agreement. The Town shall not be
required to show irreparable harm in order to enforce the
terms of this Agreement through injunctive relief. In
addition, in the event of a breach of the terms of Sections 1,
3 or 4 (I) or (J) of this Agreement, the School shall pay to
the Town a penalty of $500.00 per day of each day that said
breach occurs.
D. Binding effect. This Agreement shall be binding on
the successors in interest to the School and the Town.
Provided, however, in the event the School does not construct
the multipurpose fieldhouse or the renovation or expand any
buildings pursuant to Paragraph 3 above, and in accordance
with the time constraints of Paragraph 4(B) below, then this
Agreement shall be deemed null and void and of no further
force and effect. In such event the School shall continue to
be a nonconforming use under the Town's zoning code, subject
to all of the provisions contained herein. Additionally, in
the event the School makes no Site Improvements or
construction of any type on the premises prior to January 1,
1998, the School may request a termination of this Agreement
and the Town agrees to join in the execution of a recordable
document evidencing said termination.
E. Litigation. In the event of any litigation arising
hereunder, jurisdiction and venue shall be in Palm Beach
County, Florida, and the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs, including those
fees and costs in appellate proceedings.
F. Complete Agreement. There are no representations,
agreements, arrangements or understandings, oral or written,
between the parties relating to the subject matter of this
Agreement which are not fully expressed in this Agreement.
This Agreement cannot be changed or terminated orally or in
any manner other than by a written agreement executed by both
parties. The above notwithstanding, modifications
construction or plans referenced in Exhibits B through Gto the
inclusive, of this Agreement may be authorized by the Town, b,
necessity amending y
and through the approval of its Town Manager, without the
saidmodificati nsathis
not otherwise contr, that
terms of this Agreement. rary to any the
G. Effective Date. The effective date of this
Agreement shall be the last date on which the parties execute
this Agreement.
Page 4
DRE 831 1 P9 634
H. Building Permit. The parties agree that the School
shall have until January 1, 1998 to apply for a building
permit for all those Site Improvements shown in Exhibits B -
I, inclusive. In the event the School has not filed its
application with the Town by that date, then this Agreement
shall be of no further force and effect. Provided however,
the School may construct the fieldhouse and renovate the
auditorium, subject to the terms of this Agreement, if an
application is made for a building permit by January 1, 2000
to construct the fieldhouse and/or renovate the auditorium, if
application for the building permit for the Site Improvements
has been sought by January 1, 1998 and said improvements have
been completed by January 1, 1999. If the School has not made
application by January 1, 2000 for a building permit to
construct the fieldhouse and/or renovate the auditorium, then
the site plan approval granted by the Town, for the fieldhouse
and auditorium shall expire.
I. Landscaping Specifications. The School agrees that
all existing and proposed landscaping will be maintained in a
condition and size equal to or exceeding the specifications
indicated on Exhibit I.
J. Use of Houses of the Premises. The one (1) story
wood residence adjacent to Oleander Way shall be used as a faculty
residence or as an office. The remaining two one (1) story
structures shall be used only as residences for faculty, employees
and their guests. The School agrees to maintain the residential
appearance of these structures.
Page 5
ORB 8311 P3 63!3
IN WITNESS WHEREOF the parties have executed this Agreement
the day and year first above written.
` `•o aoae:�pae �fV`,� �
�r1„`
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
THE TOWN OF GULF STREAM,
FLORIDA: %J
By:
. Koch, Jr.,
At/est: /Q
Rita Taylor, Tow Clerk
GULF STREAM SCHOOL FOUNDATION,
INC.:
By L v c /
Susan A. Ridgle P sident
The foregoing instrument was acknowledged before me this
day of _ Jiji %a—, 1994, by William F. Koch, Jr., as Mayor of
Xfil
the Town of Gulf Stream, Florida, is personally known tasM or who
has produced __ _.
o1`�.PY-O�pp Rita L. T�•Icr j;
� �5'�J� Commission No. CC X42195 };
'Form My Comatissioa i:::p$as OZn]/9d
i 11111�1\�11111��1\1111111U1�))5 \�\�j11 1\11\�) j1\111\S'
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Typed Name of No ary
7--eb l v �l �/ 2 yj'
My COmmissiPh Expires
The foregoing instrument was acknowledged before me this
day of 3%r,p , 1994, by Susan A. Rid le
y, as President of
the Gulf Stream School Foundation, Inc., who is personally known to
me or who has produced
identification. as
� otF"Y °us Rita L, Taylor
Notary public, Stab of Florida
`+ Commission No.CC 342195 ';
� 'For floc N.y Conw,issioa Espirea 0221198;'
j 6o.ded76taaga Fla Namyan.icedamdogCo.
f 1111\1\\•A11\\\•M111111111\1111)1'
Page 6
Notary d' Public/T /-
Typed Name of Ubtary
o9 rte_
My Commisai9
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ORB 8312 Ps 638
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.
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rmn
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LEGEND
O
- STOP SIGN'\_
STATE
ROAD
o
- WHEEL STOP
q
R _
_
l.7
- HANDICAPPED PARKING W/SIGN
G
52g551
5.
SIGN TO BE MOUNTED
OUTDOOR STANDARDS ^
06-01
_-
7.0' ABOVE GRADE
-LIGHTING
SPILLOVER LIGHT
6.
36.
--►
- TRAFFIC FLOW ARROWS
PER PALM BEACH COUNTY UNIFIED LAND
DEVELOPMENT CODE (JUNE 1992).
SITE :'I—AN
�A1dDICAPPED SPACE
SPILLOVER LIGHT ON TO RESIDENTIAL PROPERTY
PER ACCESSIBILITY REOUIREMENI
NI
NEW 6.0' H. FENCE
SHALL NOT EXCEED THREE—TENTHS (0.3) OF
SCALE: 1' - 30.0'
FLORIDA BOARD OF BUILDING
BUILDING
CC
ONE FOOTCANDLE WHEN MEASURED SIX (6) FEET1990)
STANDARDS (JANUARY
ABOVE GRADE AT THE RESIDENTIAL PROPERTY UNE.
RE
TOTAL PARKING IN LOT AC
60 SPACES .....................................
ORES 8311 Pe 639
EX HIBI"IC 13
REQUIRED NUMBER OF
ACCESSIBLE SPACES
...............................3
GRAPHIC SCALE
onnn PER TOWN OF GULF STREAM an.
an./E PER TOWN OF GULF STREAM a,,
DATE DESCRIPTION BY
u
pB NUMBER
13 - 14R
z
J
a
w
N
iEneicnon d��RGG
Cddd�6�6gp
ur=.n 51
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6
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W
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REQUIRED NUMBER OF
ACCESSIBLE SPACES
...............................3
GRAPHIC SCALE
onnn PER TOWN OF GULF STREAM an.
an./E PER TOWN OF GULF STREAM a,,
DATE DESCRIPTION BY
u
pB NUMBER
13 - 14R
z
J
a
w
N
iEneicnon d��RGG
Cddd�6�6gp
ur=.n 51
�A
6
REV. .�
oC
N
REQUIRED NUMBER OF
ACCESSIBLE SPACES
...............................3
GRAPHIC SCALE
onnn PER TOWN OF GULF STREAM an.
an./E PER TOWN OF GULF STREAM a,,
DATE DESCRIPTION BY
u
pB NUMBER
13 - 14R
z
J
a
w
N
iEneicnon d��RGG
Cddd�6�6gp
ur=.n 51
�A
6
REV. .�
r
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ORB 8311 PB 640
- DENOTES ASPHALT TO BE DEMOLISHED d = 5245 5 •
06'01'36^ `�
® - DENOTES STRUCTURES TO BE REMOVED
DEMOLITION PLAN
SCALE: I" - 30.0'
F STREAM ROAD
16 76 4
ORB 8311 Ps 641
[vsnva .vm rw
xOUY [NOWW
EXIST. O NKEO YOONO SMEY
SIV BE AIWIMJEO Y REYOVEO
L- .cl FI[s IL IT- C
V
GRAPHIC SCALE
XIII.. PER TOWN OF pU -V BTREAM
O.R. R.F.F.
DATE DESCRIPTION
BY APPD
U
=
2
0
F Z
(JO
UO(
Fwo¢a
J
C
Fu 0
W( FJ
z
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w p O W
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e
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r��r .w...w•"u a r
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0
ORB 8311 Ps 642
— DENOTES NEW 1" THICK ASPHALT
ROgp A
R =
551•�S -�-- _
4 _
52 9
06,o 36'
PAVING
PLAN
SCALE; I'
- 30.0'
J
n
ORB 8311 Pe 643
70..-
L: —
�a
0
0
N
U
U
W 2
2
n
0
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S,EYr
Uw r J
A
W4 ]
[xj
--
03
a
U
�Z 4
0 20 40 60
80 100 120
GRAPHIC
SCALE
DRAM ET. MR./P.W.
YAR VIM
PER TOWN OF GULF STREAMWf1
.. N. n.Ef.
EY. R.E.E.
YAR E/1/T,
.tln MIYREn
PER TOWN OF GULF STREAM
U.R. .E.E.
SHEET RUURER
REV.
n
i
ORB 8311 Ps 644
DRAINAGE FLOW ARROWS
- EXISTING ELEVATIONS
+ 0.0 - NEW ELEVATIONS
'�->- - NEW BERM ELEV.= 7.0
UNAINAGE PLAN
SCALE. 1' = J0.0'
v. a
NOTE: ALL EXFILTRATION T/iRENCHES
SHALL BE 8.0' WIDE.
SWALE SECTION A - A
Nor TO scgc
GULF STREAM ROAD
I f OF[P
1] fn4L
ORB 8311 Ps 645
Foav
� it vo- aMRi Fo-
NOT TO 5G
..L .1..y
..w
EXH IE�wIr E
C
T y.':.' _
L
Jpram•
'f
.........�..�.,,_,
116.40'-"`��.__
7h
\a\iiEXISTING
PLAYGROUND
luil
� .. _ ............
::.. ,,,-.•:�.::u ..,..�.,.
it I
._.... ... i
...
0 20 40r 60
BO 100 120
GRAPHIC
SCALE
_ A
1
o^/FI PER TOWN OF GULF STREAM
I O.N. IN.E.F.
2
31.01E PER TOWN OF GULF STREAM
B.N.
q,E.F. _
N0.
DATE IDESCRIPDON
BY IAPPO
01 F Yn.r
in... .... ...
«...., �.�
r. ,••
1...0
GMHL FMMNG
ti�
.ru..�� us,N�,r ,r .� r ry«.:'
w ?
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90(
uI00o 1
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QQ
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WOu
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I�wnO
0 B
wu �
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D; Z 0 E-
u EE-+
an I Mn v
"? NUYBER
93 — 145
1 NUYBCA
OF 6
O
N
-Ill
,e
116.40'-"`��.__
...................
::.. ,,,-.•:�.::u ..,..�.,.
it I
._.... ... i
...
0 20 40r 60
BO 100 120
w ?
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oz
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"? NUYBER
93 — 145
1 NUYBCA
OF 6
O
N
-Ill
,e
116.40'-"`��.__
...................
0 20 40r 60
BO 100 120
GRAPHIC
SCALE
_ A
1
o^/FI PER TOWN OF GULF STREAM
I O.N. IN.E.F.
2
31.01E PER TOWN OF GULF STREAM
B.N.
q,E.F. _
N0.
DATE IDESCRIPDON
BY IAPPO
w ?
I
oz
90(
uI00o 1
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an I Mn v
"? NUYBER
93 — 145
1 NUYBCA
OF 6
O
N
-Ill
,e
ORB 8311 P9 646
r m. w
LEGEND
— - — - WATER MAIN
— - - SANITARY FORCE MAIN
----•-- - GRAVITY SANITARY LINE
m— - POWER LINE, TELEPHONE LINE
& CABLE T.V. LINE
1O - BACTERIOLOGICAL SAMPLING POINT
0 - PRESSURE TEST POINT
."
RI
SAWCM EIIS1. PA OENi LIR
POR RIS'IA4 ,l OF
IORCE WI
FOR RWAIR OF PAEOEM SUXfi
SI➢v[ . wx or I A. � Im n.
1
I'OTE: ALL NEW 6" D.I.P SHALL BE
`STATE
�-1_
Q 524557
_=
WATER & SANITARY SEWER
DISTRIBUTION SYSTEM PLAN
SCALE: I• = 30.0'
NOTE: LOCATION do OEP-'i OF JACK AND BORE SHALL
DETERMINED BY .L.^.G. PRIOR TO CONSTRUCTION
NOTE: POTABLE Vo, -ER FOR NEW ADDITION SHALL BE
PROVIDED FROM EXISTING CLASSROOM FACILITY.
ORB 8311 Pe 647
JLF _STREAM ROAD
WET TM HEW F 1
4.3
INTO EXIST.
WNUG VE —
DO k TRENCH AS REO -D
DICE WIN, SEE DEVIL
M SURFACE.
t%
Ln
'Knm. r Ers.
%rawtn w. 1nITn unR9 ID
nm srm H. mDA•cra swL
. (Dort c I gm roM um
NE xorF n
IN wn uw ITER,
-, Fon f s9nA.v urtrva_
L BE CLASS 52.
SHALL BE
ION
BE
nmc
MINCE Ec
owiu.(
••L �r 10 MY pI p•wlq
M/OI LM14N
EX3M1.; GY1[CIO• sYSIIV
YIG uW
gOYif
�J' l
\ LOCATION OF NEW FORCE "N SHALL
BE FIELD LOCATED TO AVOID EXIST.
II PLATOHOUHO EWN•uENT.
\
L.. INIUNG .N1
h
i,D
pyo
LMMO.®
n.0 ..
�ExImNG
w Fw
OZZQ
'l'I
1�~
PLAYGROUND
DI
a'o.T..
III
Ih
DUST. ,R.ITL ..fr
EXIST. DRAWFI(LD NDIIND TSE -
SIZ BE A Dn(ED Y REOOVEC
I=xIl- AI6
I
o
N Z Z
0
I
Z
h
i,D
00F
u0(p
OZZQ
japa
NOTE: MAINTAIN A MIN. 36"W
k F
COVER ON WATER MAIN.
! IT
a¢OW
NOTE: 48 HOURS BEFORE DIGGINGZ
a u I-
CALL TOLL FREE 1-800-432-4770
�jD4
ii
U.N.C.L.E. UNDERGROUND UTILITIES
NOTIFICATION CENTER TO LOCATE
x F
�I
it
EXISTING LINES.
D W ¢ D
Ih�
o
^
il?
Nj 0 D
.hXroo' ow 0
W h J
_ s
0
n
20 Q
.
'1 4D so ec 100 120
Ros
GRAPHIC SCALE
M1I..N .e O.H.II
PER TOWN OF GULF STREAM O.R. E.E.F. gLam.r.R.E.
PER TOWN OF GULF STREAM g
EDWI ImNm,
ND. DATE DESCRIPTION BY APPD SHEE7 NuuBER RE
fi nF 6 n
0
O
N
F
��( M
1 I r l
1
h 1 1 r . r
N I ��f
1
1
2 . 5 0 '
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r . 1 1
��1
I
j 4 n N r A r y a ��
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1
I
1
1
r o a n
m . e a r a w m e w r v . � o r r m
a w i s [ u s m
T O m � i w a n o n e
r o e r + N n a e m s L a u m . n r m
r . A m r w n s
O R B 8 3 1 1 P s 6 4 8
7 . 5 2 ' .
a o L o r a r t A r a R o l 1 9 8 . 1 2 ` - - . - - - _ _ _ _
w a r L r i t I * ' ��4 �� a r e v n " ��' " 0 i n o a N
0 , ��r
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1 4 2 . 9 5 '
c
r v r u ' f - i
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F A C I L I T Y
/ / u
0
E X I S T I N G
N E S T O
J O C E S E L R Y O
F m T H
* * I
S O C C E R I l l
r n u O V E R i l O W P A R K I N G
1 P R O P
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F I E L D ' G U S [
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G W I w b J G [ 3 M 1 1 r ( M V
N [ . I R M I p 1 1 ( D Y M M n p f
i f J n p a R R y I M ( w 1 r s
p 1 L �� V �� y ��1 1 M ��Y O n t r 4 t l V 4 r t r
w R o o r a n w t r R M t o t w o s
. W O R 1 G f J Y S T r 1 1 a 1 0 O O M
L w . r s . / L o u i w w w o r . R e r w n
��_ R ` _ L M [ m u T a o I M I V M r s
i s , 0 0 i w a v L m S T A T E R O ' ��A `
�� A D , 1 _ A
R _ 5 5 7 . 7 5 " ��- ��_ ��
4 _ 5 2 9 $ s l .
L E G E t l �� 0 6 u ' 3 6 "
L O C A T I O N O F T R A F F I C C O N T R O L
A T T E N O E N T S F O R E V E N T S W / T R A F F I C C O N T R O L P L A N
M O R E T H A N 2 0 0 P A R T I C I P A N T S
S C A L E : I ' - 3 0 . 0 '
��x
ORB 8311 Ps 649
166.74 —_
m6 b fn+il
r
t /
ffflTm
CCER FIELD LOT
PARKING a IIB SPACES
ww
/o ILf nYY
ma rb ea.
mn ra+ aa/b a rm ru.rq
oa rev �� uou mrx
• v r o . roi-V
ram nn
EXHIBIT Ca`
GRAPHIC SCALE
]/Ilr� PER TOWN OP GULP
BITREAM 6R.
DATE DESCRIPTOR BY I
it
U
ti
W
z
l
oI
p0
z
00
0mo]OD
J
IL
U W vl
N.
0
2 Z
0 z
h 0
p0
z
00
0mo]OD
J
IL
F 0[Q
Ft 0
J
by 044
ec
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0
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" RUMM
iC[T NUYB[A
X�
ORB 8311 Ps 650
Y4�C I A "a 0T 2...
— J
\aia.y\ \ .\.auY a .d• -
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a
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1
TO
IN
i
DRB 8311 Pe 651
B
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v
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ORB
8311
P9 652
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w
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CID I
STATE
i'1=Kq �•r ` '� ��
Ilfll PIfU1L 1. ]ION AND Nl IMA ION NUM
r ., e... m 4..�w.n.J m u... 1 w, ..Y ,. ......r,....r a .... w•. to Lr.. m n W .w,..,
l 1. y u I.Y Ir.e. lu 4. .JIn.J Il�uwyu. In Iiwawpl.l rnJ rnn.Jwr.J In�wry.wl arnflr.r l.u.
1 Ir.e. nr rnnwr n ylua. lu 4. µ.1..1.Y nln .... w�l..lwn 4r✓ryr. n.IV.J Y. aru.. lu In. JV •. ul
ORB 8311 Pe 653
-1
T—X T - y '
.4.ma w o..r R 4
PROPOSED
FIELD HOUSE
GULFSTREAM SCHOOL
I. .7
EXISTING VEGETATION
AND TREE RELOCATION PLAN
mu
Kc—
A. GRAN(
THORNBROUGH
AND ASSOCIATES
w.w Ir,r.
77
1.011 1
SCALE: 1' 30'
••• 3 11• -•mm
.4.ma w o..r R 4
PROPOSED
FIELD HOUSE
GULFSTREAM SCHOOL
I. .7
EXISTING VEGETATION
AND TREE RELOCATION PLAN
mu
Kc—
i
ORB 8311 Pe 654
co
,...,..
N +• rasn✓
' �Y......ow � �_ •.ru•.nn.nw rKO n.y� ���
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ORB 8311 Pe 655
l<sy WV'v
�Cd M.4
-wr........-1
. • '.r'A' �• J Y
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ms.t •� a //1
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SCALE:
A. GNANI
THOSNSSOUOt
AND ASSOCIATES
_ _ tww Nrrr
w W Ir.br
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r4 loam
•'r PLANT LIST
FEYQTY PIA41 [ YfGI1,CA1,011
PAWS
a _
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w' Y W.W.uIW IYy
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