V^ g - GRS Community Management · or bk 27425 .pg 0223 recorded 03/2s/2015 14:35:51 pain beach...

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This Instrument Prepared by and after recording return to:

Michael S. Weiner, Esq.Weiner, Lynne & Thompson, PA10SE 1st Ave., Suite CDelray Beach, FL 33444

CFH 201501090Q0OR BK 27425 .PG 0223RECORDED 03/2S/2015 14:35:51Pain Beach County, FloridaSharon R. Bock, CLERK 8= COHPTROLLERPgs 0223 - 254; (32pgs)

,, ABOVE THIS LINE FOR PROCESSING DATA SPACEABOVE THIS LINE FOR PROCESSING DATA

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AMENDMENT TO DECLARATION OF COVENANTS ANDRESTRICTIONS FOR OSPREY OAKS HOMES

trTHIS SEC

RESTRICTIONS FAMENDMENT TO DECLARATION OF COVENANTS AND

).SPREY OAKS HOMES ("Second Amendment") is made by BROSPREY ACQUISITI©B£LLC, a Delaware limited liability company ("Declarant") and joined inby OSPREY OAKS HOxi>

ASSOCIATION, INC,, a Florida not-for-profit corporation,

RECITALS^

V^VA, That certain Declaratior^oifxSSovenants and Restrictions for Osprey Oaks Homes wasrecorded in Official Records Boo1<r:25824, 576, of the Public Records of Palm Beach County,Florida (the "Original Declarations) respecting the community known as Osprey Oaks,"B. The Original Declaration was^girjemled by that certain First Amendment to the Declarationrecorded in Official Records Book 259l$7rf<£jge 1327, of the Public Records of Palm Beach County,Florida (the "First Amendment"). '^^

C. Article X of the Declaration provides that so long as Declarant owns any portion of theProperty, Declarant shall have the right to amend the Declaration without the joinder or consent ofany person or entity whatsoever. Declarant currently owns a portion of the Property.

D. Declarant desires to amend the Original Declaration as set forth in this Second Amendment

NOW, THEREFORE, Declarant amends the Declaration as follows and declares that everyportion of the Property is to be held, transferred, sold, conveyed, used and occupied subject to thecovenants, conditions and restrictions set forth herein.

1, Recitals. The foregoing recitals are true and correct and incorporated into and form apart of this Second Amendment.

Book27425/Page223 Page 1 of 32

2. Definitions. All initially capitalized terms not defined in this Second Amendmentshall have the meanings set forth in the Original Declaration, and the defined tenns are herebymodified and added as follows:

>"Betiefrtted Owner7' shall mean the Owner of the Lot which is adjacent to and •'contiguous with a Limited Common Area.

eclaration" shall mean the Original Declaration, the First Amendment, and thisAmendment, together with all amendments and modifications thereof,

"LipHJM Common Area" means those Common Areas which are designated by thisSecolja^mendment for the exclusive use of a certain Owner to the exclusion ofother ®3&osgs. ' The Limited Common Areas shall be for the exclusive use of theadjacent-Cot Owner and maintained .by such Owner as further described in thisSecond An^flment. The Limited Common Areas are for the exclusive use of theB enefitted Owasr. The Limited Common Area shall be such grassy area between theBenefitted Owaets' Lots and the Common Areas consisting of the following roads:(i) Pochard COTO^JJ) Merganser Court; (iii) Western Way; (iv) Vireo Court; (v)Muscovy Court;''an5:l(j?'i) Grebe Court.

VO ."Osprey II Declaratfotfs-f'means the Declaration of Covenants and Restrictions forOsprey Oaks Homes ft^crded in Official Records Book 26790, Page 1 593 of thePublic Records of Palni%>"agh>County, Florida.

3. Limited Common Area Maintenance. Article III, Section (B)(4)f is hereby added to theDeclaration as follows:

Limited Common alnlenance. Notwithstanding anything to thecontrary in the Declaratfoa^te Benefitted Owners shall be responsible tomaintain and repair the Limited Common Area contiguous and adjacent tosuch Benefitted Owner's Lot. Each Benefitted Owner shall maintain in goodcondition and repair, at all times and at such Benefitted Owner's sole cost andexpense, such portion of the Limited Common Area contiguous and adjacentto such Benefitted Owner's Lot. Benefitted Owners may not erect anybuildings, improvements and/or structures upon the Limited Common Areasand the obligation to maintain the Limited Common Areas shall not and doesnot give such Benefitted Owners any additional rights or interests whatsoeverin or to the Limited Common Area except as specifically set forth in theDeclaration. By acceptance of a deed to a Home, each Owner, includingBenefitted Owners, acknowledges, understands and agrees that the LimitedCommon Areas remain Common Areas. To the extent the Association doesnot choose to insure any Limited Common Area,_ the applicable BenefitedOwner shall be required to insure the applicable adjacent Limited CommonArea and shah1 name the Association as an additional insured and loss payeeand provide the Association with a certificate of insurance. If a Benefitted

Book27425/Page224 of 32

Owner fails to comply with and carry out the obligations set forth in thisArticle HI(B)(4) including, without limitation, the failure to maintain theLimited Common Area in good condition and in compliance with thestandards set forth in the Declaration or otherwise by the Association, thenthe Association shall have the right to proceed as further described in theDeclaration, including but not limited to Article rn(B)(3)> -Article VII andArticle VHI.

4. Assessments. The fourth (4*) sentence of Section (B) of Article VII of the OriginalDeclaratf<|pts deleted and replaced with the following:

abject to the provisions of subparagraph Vn(C), and except as otherwiseed in this Declaration including Section A of Article XIX, Assessments

sMll be allocated to each Lot based on the size of such Lot as set forth on«F" affixed hereto.

5. SFWMD PeBBSKJExhibit "E" as referenced in Article XVH of the Original Declarationis hereby replaced witr(@J£xhibit "E" attached to this Second Amendment, •

6, Multi-FamilY PardgC^rticle XIX of the Original Declaration is deleted in its entirety and-------- - - - " ^ l **""*

replaced with the

A. AnytMngjMrein to the contrary notwithstanding! the Declarant declares, andit is understood, eSeetl and acknowledged that the Multi-Family Parcel shall bedeveloped not as singj^JLots but as multi-family dwelling units on and within theMulti-Family ParceLvl&kjlie purposes of the use and benefit of the Common Areas,the Multi-Family Parc^kapd its Owners shall have the same use and benefit as isgranted to the Owner^gd' residents of Homes and Lots within the Property,including but not limited^^^ess,, drainage, potable water, storm water run-off, anduse of the clubhouse, pool, and cabana and all other similar rights -and privileges,Anything herein to the contrary notwithstanding, the Declarant reserves unto theDeclarant the right to create such sub-association or associations to govern the Multi-Family Parcel and to make such other declarations governing the Multi-Family Parcelas are equal to and coextensive with this Declaration as may be necessary,appropriate or beneficial to the development of the Multi-Family Parcel, and itsownership, operation and maintenance, among other things. Until such time that suchsub association or associations is/are created, and notwithstanding anything to thecontrary in this Declaration including, without limitation, Section (B) of Article VIE,the assessment for the Multi-Family Parcel as a single Owner shall be equal to$1 ,473.00 per month. Until such time that such sub association or associations is/arecreated and responsible for maintenance, repair and replacement of the Multi-FamilyParcel, the Owner(s) of the Multi-Family Parcel (collectively, the "Multi-FamilyOwner") will be responsible for all maintenance, repair and replacement of the Multi-Family Parcel including, but not limited to, landscaping. In the event the Multi-Family Owner fails to perform the maintenance, repair and replacement requiredunder this Articles then, in addition to such other remedies as may be available under


• this Declaration and/or applicable law, the Association shall have the right, but notthe obligation, to perform such duties, the costs of which will be special Assessmentsassessed against the Multi-Family Owner.

B, Notwithstanding anything to the contrary in this Declaration, the followingterms, provisions, regulations and rules of the Declaration shall not apply to theMulti-Family Parcel: Article VI(A); Article VI(E); Article VI(H); Article VI(I);

o Article VI(J); Article VI(P); Article VI(X); Article VI(AA); Article VTi(G),; ArticleVm(A)(10); Article Vffl(D); Article XII (C)(l).

Notwithstanding anything to the contrary in this Declaration, the Multi-family Parcel Owner shall be permitted and allowed in its reasonable discretion to

"'"âte. a leasing office onsite, that is, -within the Multi-Family Parcel, for thepurposes of advertising and leasing of the units, collection of rents, and operating andmaMMning the Multi-Family Parcel. The Multi-Family Parcel Owner may engage amanage^nianaging company, leasing company or leasing agent to operating any 6n-site le^sjas, office.

r -D, No'tetoffanding anything to the contrary in this Declaration, the Multi-Family Part^JSjsmer may delegate all or a portion of its obligations under thisDeclaration M^.|>ncensed manager or professional management company. Inaddition, the KfiB^-Family Parcel Owner may do any and" all things necessary orconvenient in resê^tjo the ownership and operation of the Multi-Family Parcel,including but noMimited to the establishment, formation and operation of acondominium form ^f^wnership for the Multi-Family Parcel on such terms and

•• conditions as the MultM^nily Parcel Owner may determine and without the joinderor consent of any persojiêntity including, without limitation, the Association, Inthe event that the Multl^F-arfily Parcel should be owned, operated and maintained

• under a form of a c^%^6rrttniurn ownership, resulting in a formation of a, condominium association, the owners of such condominiums and the condominium

association shall be treated as a single entity for the purposes of this Declaration andsuch form of ownership, operation and maintenance shall not in any manner effect orchange any of the rights and obligations of the Multi-Family Parcel with respect tothe Association and the Declaration, including but not limited to the responsibilitiesfor contributions as set forth in Article XIX.

E. The Multi-Family Parcel Owner or any sub-association established to governthe Multi-Family Parcel has the right to install or contract for the installation orprovision of an Access Control System for the Multi-Family Parcel' including,without limitation, one or more manned or •unmanned gatehouses and/or one or moreelectronic gates. Notwithstanding the foregoing, in the 'event an access controlsystem limiting access to the Multi-Family Parcel is installed, Owners and Osprey IIOwners shall be provided with access to all recreational Common Areas within theMulti-Family Parcel, if any.


F, To the extent the provision of Article XIX of the Declaration conflict withany other provisions of the Declaration, the provisions of Article XIX shall control.

Conflicts. In the event that there is a conflict between this Second Amendment and theDeclaration or the First Amendment, this Second Amendment shall control. Whenever

pthis Second Amendment, the Original Declaration, and the First Amendment shall beas a single document. Except as modified by this Second Amendment, the Original

Declaration arid the First Amendment shall remain in full force and effect,\^r\, Rlqgcation. Except as modified or amended by this Second Amendment, the terms and

provisions ofeSie Original Declaration and the First Amendment are hereby ratified and confirmed.

Cove is Second Amendment shall be a covenant running with the land.9.

IN WTNBSS WHEREOF, Declarant has caused this Second Amendment to be executed asof the <J* day of(ffefe£v>frp->J 2015.

WITNESSES:

Print

Prin

Print Name: Cb\\<2&T\T

BR OSPREY ACQUISITION LLC, a Delawarelimited liability company

By: JKM DEVELOPERS, LLC, a Florida limitedliability company, its Manager

By,Name: /J JoEnK. M'arkevTitle: // Managing Member

I/

BY: /MMName;Title:

Adam P, FreedmanManaging Member

By:Name: {Title: Managing Member


STATE OF FLORIDA ' )) SS.:

TY OF PALM BEACH )

going was acknowledged before me this day of \-£-~&(J-!~> 2015 by John K.as Managing Member of JKM Developers, LLC, a Florida limited liability company,«f BR Osprey Acquisition, LLC, a Delaware limited liability company, who is personally

:o m&pr who has produced as

My commiNOTARY PUBLIC, State of FloridaPrint name;

STATE OF FLORIDA?)

COUNTY OF PALM

)) SS.:)

ANGELA R.PICKETTMVCOMMISSION SEE085160

••—.-#? „ EXPIRES: April 17,2015%,$$> Bonded TSra Nobiy Ptitfc Untteyjrtes

0^&RUA^5byAndKwR

2H,> ,>7>

<gj>,°

The foregoing was acknowlfed^d^efore me this Jr? 'dayFreedman as Managing Memfe&cLof JKM Developers, LLC, a Florida limited liability company,manager of BR Osprey Acquisi|0|L LLC, a Delaware limited liability company, who is personallyknown to me or who has produceaC^ '~ ' asIdentification.

My commission expires:^ _ . _ _. iRY PUBLIC, Statej-^y^grint name:

STATE OF FLORIDA )) SS.:

COUNTY OF PALM BEACH )

The foregoing was acknowledged before me

ANSEUaPICKETTMV COMMISSION* E£ 085160

EXPIRES: April 17,2015Bonded Thru Notaiy Public Underwrites

ay <£*&"***%£, by James S.

Gielda as Managing Member of JKM Developers, LLC, a Florida limited liability company,manager of BR Osprey Acquisition, LLC, a Delaware limited liability company, who is personallyknown to me or who has produced asidentification.

My commission expires:

ANfiEU R PICKETT4 MYCQMMISSIONJEE08S160

NOTARY PUBLIC, State of FloiPrint name:


[THIS PAGE INTENTIONALLY LEFT BLANK]


[THIS PAGE INTENTIONALLY LEFT BLANK]

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JOINDER

OSPREY OAKS HOMES ASSOCIATION, INC

SPREY OAKS HOMES ASSOCIATION, INC, ("'Association") does hereby join in theto Declaration of Covenants and Restrictions for Osprey Oaks Homes

") to which this Joinder is attached, and the terms thereof are and shall be bindingupon oie'tmdersigned and its successors in title. Association acknowledges that this Joinder is forconvenieirf&trarposes only and does not apply to the effectiveness of the Amendment, as Associationhas no riggtjw approve the Amendment

day ofWHEREOF, the undersigned has executed this Joinder on this (j>

_,20l5.

OSPREY OAKS HOMES ASSOCIATION,INC., a Florida not-for-profit corporation

i

sôÊSydlv/,xâiiu&&;#^ %%

f $f SEAIrfe

STATE OF FLORIDA

COUNTY OF

day off The foregoing instrument was acknowledged before me201? by .^mrs <SinQ* as *3^gs>fcteAt-of OSPREY OAKS HOMESASSOCIATION, INC,, a Florida not-for-profit corporation, who is personally known to me or whoproduced as identification,'on behalf of the corporation.

My commission expires: t-4-f \r\[Z.<3, State of Florida at Large

Print Name

''• KS^ Bl"Kte<ITttniNotaJypnij[fcUn

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EXHIBIT


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SOUTH FLORIDA WATER MANAGEMENT DISTRICTENVIRONMENTAL RESOURCE

STANDARD GENERAL PERMIT NO. 5Q-09718-PDATE ISSUED: January "6, 2012

PERMr&EE: B R OSPREY ACQUISITION L L C$ P>2701 N W BOCA RATON BLVD STE 103

"" _£g£A RATON, FL 33431^•'X*'

PROJECT DESCRIPTION: Modification of a surface water management system to serve a 2,23-acre residential^ ^ project known as Osprey Oaks PUD, Multrfamily.

PROJECT LOCKXgjjH: pALM BEACH COUNTY, SEC 10 TWP 4SS RGE 42E

PERMIT V'V*--, See Special Condition No; 1. Pursuant to Rule 40E-4.321, Florida AdministrativeDURATION; ~^? Code.

This is to notify you of the Distrfis'Sgency action concerning Notice of Intent for Permit Application No. 110817-10, dated August 17, 2011,i<? This action is taken pursuant to Rule4.0E-1.603 and Chapter 40E-40 , Florida Administrative Code (F.A.C.).

;-,.i Based on the information providedVsisfeist rules nave been adhered to and an Environmental Resource General Permit is in effect for thisf, project subject to: ^Cvk

1. . Not receiving a filed request'toJ-s~Shapler 120, Florida Statutes, administrative hearing.

2. the attached 19 Genera) CortdiB&js^SeePages : 2 - 4 of 5),

3. the attached 13 Special Condition#$S6' a^es : 5-So1 5} and

4. the attached 2 Exhibits)

. Should you object to these conditions, please refeMp^JWattacned "Notice of Rights" which addresses the procedures to be followed if youdesire ••& public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning thismatter. If we do not hear from you in accordance with tha'.' ftetice of Rights," we will assume that you concur with the District's action.

CERltR-CATE OF SERVICE

I HEREBY CERTIFY that ff "Ntitice of Rights"«J^sT^en mailed to the Permittee (and the persons listed in theattached distribution list) no later than 5:00 p.rh. on is 6th day of January, 2012, In accordance with Section120.60W), Florida Statute

Anita R. BainBureau Chief - Environmental Resource PermittingRegulation Division

Pegel of 5


Appiicalion No,: 110817-10Page 2 of 5

GENERAL CONDITIONS

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6.

All activities authorized by this permit shall be implemented as set forth in the plans, specifications and' Brformance criteria as approved by this permit, Any deviation from the permitted activity and the

•nditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373,

permit or a copy thereof, complete with all conditions,' attachments, exhibits, and modifications shaltthe work site of the permitted activity. The complete permit shafl be available for review at the

ite upon request by District staff. The permittee shall require the contractor to review the completeior to commencement of the activity authorized by this permit.

Activftwater

implemen? days ofwhere the

proved by this permit shall be conducted in a manner which does not cause violations of Statestandards, The permittee shall- implement best management practices for erosion and

$ol to prevent violation of State water quality standards. Temporary erosion control shall ber to and during construction, and permanent control measures shall be completed within

construction activity, Turbidity barriers shall be installed and maintained at ail locationsspB{|ty of transferring suspended solids Into the receiving waterbody exists due to the

permitted workXsTurbidity barriers shall remain in place at all locations until construction is completed andsoils are siabitized^afrd vegetation has been established. All practices shall be in accordance with theguidelines and speba^tions described in Chapter 6 of the Florida Land Development Manual; A Guide toSound Land and W^lwManagemenl {Department of Environmental Regulation, 1988), incorporated byreference in Rule 4GE^4ifl9,1, F.A.C. unless a project-specific erosion and sediment control plan isapproved as part of tn^p^rrnit. Thereafter the permittee shall be responsible for the removal of thebarriers. The permittee^feli-^rrect any erosion or shoaling that causes adverse impacts to the waterresources. ^'Asvx>

The permittee shall notify th^1?8fyict of the anticipated construction start date within 30 days of the datethat this permit \ issued, At leiKto^Khours prior to commencement of activity authorized by this permit,the permittee-shall submit to the^ptstnct an Environmental Resource Permit Construction CommencementNotice Form Number 0960 indicanng4he actual start date and the expected construction completion date.

one year, the permittee shall submit construction statustilizing an annual status report form. Status report forms shall

When the duration of constructionreports to the District on an annualbe submitted the following June of eaciryeli})

NAirx, •.Within 30 days after completion of cons^fy.ct!tdn\pf the permitted activity, the permltee shall submit a writtenstatement of completion and certificatlonTiy'iprofessional engineer or other individual authorized by law,utilizing the supplied Environmental Resource/Surface Water Management Permit ConstructionCompletion/Certification Form Number 0881A, or Environmental Resource/Surface Water ManagementPermit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No.0881B, incorporated by reference in Rule 4QE-1.659, F.A.C, The statement of completion andcertification shall be based on onsite observation of construction or review of as-built drawings for thepurpose of determining if the work was completed in compliance with permitted plans and specifications.This submittal shall serve to notify the District that the system is ready for inspection. Additionally, ifdeviation from the approved drawings are discovered during the certification process, the certification mustbe accompanied by a copy of the approved permit drawings with deviations noted. Both the original andrevised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record"drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor.

The operation phase of this permit shall not become effective: until the permittee has complied with therequirements of condition (6) above, and submitted a request for conversion of Environmental ResourcePermit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to


Application No,: 110317-10Page 3 oj 5'

GENERAL CONDITIONS

in compliance with the permitted plans and specifications; and the entity approved by the District incordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit

^/Âpplications within the South Florida Water Management District, accepts responsibility for operation and:« Y^ma'tgtenance of the system, The permit shall not be transferred to such approved operation and

VjF$mtenance entity until the operation phase of the permit becomes effective. Following inspection andO <;|ppoval of the permitted system by the District, the permittee shall initiate transfer of the permit to the'ft approved responsible operating entity If different from the permittee. Until the permit Is transferred"'~- pLft^tr|«t to Section 40E-1.6107, F.A.C., the permittee shall be liable for compliance with the terms of theK perrîp

,/sfVJ 8. Each RJp^j °r independent portion of the permitted system must be completed in accordance with the'iu permitted^pjaqs and permit conditions prior to the initiation of the permitted use of site Infrastructure

located w^hJn^tJie area served by that portion or phase of tne system. Each phase or Independent portionof the system^mtst be completed In accordance with the permitted plans and permit conditions prior totransfer of refepogsibilily for operation and maintenance of the phase or portion of the system to a locaJgovernment oKShJr responsible entity.

"-V?, f 9- For those systems^fi^t will be operated or maintained by an entity that will require an easement or deed\y restriction in orderla..etvable that entity to operate or maintain the system in conformance with this permit,O such easement or c^tucestriction must be recorded in the public records and submitted to the District

along with any other finafTSperation and maintenance documents required by Sections 9.0 and 1 0.0 of theBasis of Review for gSvffpnrnental Resource Permit applications within the South Florida WaterManagement District, prtt^tojlcfôr units sales or prior to the completion of the system, whichever comesfirst. Other documents cfiriee'rj^trig the establishment and authority of the operating entity must be filedwith the. Secretary of State, c^jJ%Y or municipal entities. Final operation and maintenance documents must

£i • tie received by the District &j$j$ maintenance and operation of the system is accepted by the local;<j government entity, Failure to s^fiifttMfre appropriate final documents will result in the permittee remainingO " . • liable for carrying out maintenan^€rid operation of the permitted system and any other permit conditions.O x?*.

10. Should any other regulatory agencyjeûire changes to the permitted system, the permittee shall notify the. District in writing of the -changes prio^to~}Knplementation so that a determination can be made whether apermit modification is required. >^~\)

11. This permit does not eliminate the necessrfy/fii obtain any required federal, state, local and special districtauthorizations prior to the start of any ac%^ta|>proved by this permit. This permit does not convey to thepermittee or create In the permittee any property right, or any interest in real property, nor does it authorizeany entrance upon or activities on property which is not owned or controlled by the permittee, or conveyany rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40,F.A.C..

12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence anyexcavation, construction, or other.act'ivity involving the use of sovereign or other lands of the State, the titleto which is vested in the Board of Trustees of the Internal improvement Trust Fund without obtaining therequired lease, license, easement, or other form of consent authorizing the proposed use. Therefore, thepermittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior tocommencing activity on sovereignty lands or other state-owned iands,

13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifiesfora general permit pursuant to Subsection 40E-20.3Q2(3)t F.A.C., also known as the "No Notice" Rule.

14. The permittee snail hold and save the District harmless from any and all damages, claims, or liabilities


•;/jt'VI. J

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M.

Application No.: 110617-10Paga 4 of 5

GENERAL CONDITIONS

^ which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment1 £r use of any system authorized by the permit,

iv delineation of the extent of a wetland or other surface water submitted as part of the permitplication, including plans or other supporting documentation, shall not be considered, binding, unless a

condition of this permit or a formal determination under Section 373.421(2), F.S., provides

-Ittee shall notify the District in writing within 30 days of any sale, conveyance, or-other transfer of'ip or control of a permitted system or the real property on which the permitted system is located,

of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105. ,.-107, F.A.C., The permittee transferring the permit shall remain liable for corrective actions

that ma/fjaCrjsqulred as a result of any violations prior to the sale, conveyance or other transfer of thesystem, ^^Sjf

Upon reasonabl fiotice to the permittee, District authorized staff with proper identification shall havepermission to^gprter, Inspect, sample and test the system to insure conformity with the plans andspecifications appraised by the permit.

(iv_,(~/

19. If historical or arcrTa.etjtesical artifacts are discovered at any time on the project site, the permittee shallimmediately notify ther jsgropriate District service center.

t6-

17.

19. The permittee shalllater discovered to be

notify the District In writing of any previously submitted information that ts

Of"?

Book27425/Page236 Page 1 4 of 32

egOf Application No.: 110817-10

PageS of 5

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3.

4,

5,

6.

7.

9.

10.

11.

SPECIAL CONDITIONS

e construction phase of this permit shall expire on January 6, 2017.

rtlon of the surface water management system shaU be the responsibility of OSPREY OAKSS ASSOCIATION, INC,, Within one year of permit issuance or concurrent with the engineering

'cation of construction -completion, whichever comes first, the permittee shall submit a copy of the_ed deed restrictions (or declaration of condominium, if applicable), a copy of the filed articles of

ineorpo.rajion, and a copy of the certificate of Incorporation forthe association,

Dte${5sr|fc Facilities: AS PREVIOUSLY PERMITTED (SEE PERMIT NO. 50-OS718-P, APPLICATIONNO, W214-2)

The perrdtp^ shall be responsible for the correction of any erosion, shoaling or water quality problemsthat resufeoTTftfne construction or operation of the surface water management system.

\ __ •'' j r

Measures shaft-e taken during construction to insure that sedimentation and/or turbidity violations do notoccur in the receivtag water.

The District resewes the right to require that additional water quality treatment methods be incorporatedinto the drainage sy^hn if such measures are shown to be necessary.

Facilities other thanpermit.

The permittee shall pmanagement system indisposed of as requiredconditions.

herein shall not be constructed without an approved modification of this

'routine maintenance of all of the components of the surface waterSyremove alt trapped sediments/debris. All mate-rials shall be properly

• Failure to property maintain the system may result in adverse flooding

This permit is Issued based on tijiff'^pBcanfs submitted Information which reasonably demonstrates thatadverse water resource related ifsEptacts will not be caused by the completed permit activity. Should anyadverse .Impacts caused by the corrfpteted surface water management system occur, the District willrequire-the permittee to provide approBftate mitigation to the District or other impacted party. The Districtwill require the permittee to modify the^yjrjace water management system, if necessary, to eliminate thecause of the adverse impacts. ~^^\e permittee acknowledges that, pursijaht^a Rule 40E-4.101(2), F.A.C., a notice of Environmental

Resource or Surface Water.ManagemenfreTfrm may be recorded in the county public records. Pursuantto the specific language of the rule, this notice shall not be considered an encumbrance upon the property.

If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal Implements, dugoutcanoes, or any other physical remains that could be associated with Native American cultures, or earlycolonial or American settlement are encountered at any time within the project site area, the permittedproject should cease alt activities involving subsurface disturbance in the immediate vicinity of suchdiscoveries. The permittee, or other designee, should contact the Florida Department of State, Division ofHistorical Resources, Review and Compliance Section at (850) 245-8333 or (BOO) 847-7278, as well asthe appropriate permitting agency office, Project activities should not resume without verbal and/or writtenauthorization from the Division of Historical Resources. In the event that unmarked human remains areencountered during permitted activities, all work shall stop immediately and the proper authorities notifiedin accordance with Section 872.05, Florida Statutes.

12. Minimum building floor elevation: 21,30-ft NGVD

13- Minimum road crown elevation: 19,20-ft NGVD


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applications for envin373.427, Fla, Stat.; o373,119(1), Fla. Stat.through mail, or electron^publication of notice that th£written notice of a SFWMDdescribed above waives the rigr

NOTICE OF RIGHTS

uired by Sections 120.569(1), and 120.60(3), Fla, Stat, following is notice of the opportunities whichavailable for administrative hearing or judicial review when the substantial interests of a party are

ined by an agency. Please note that this Notice of Rights is not intended to provide legal advice.Nofall jhedegal proceedings detailed below may be an applicable or appropriate remedy, You may wish toconsTjfoikattorney regarding your legal rights.

RSGHT TO^EQUEST ADMINISTRATIVE HEARINGA percon wi ? substantial interests are or may be affected by the South Florida Water ManagementDistrict's (S^SpELor District) action has the right to request an administrative hearing on that actionpursuant to Scions 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decisionwhich does or mavg termine their substantial interests shall file a petition for hearing with the District Clerkwithin 21 days oHtgc'eipt of written notice of the decision, unless one of the following shorter time periodsapply: 1) within 14/ ys of the notice of consolidated intent to grant or deny concurrently reviewed

ital resource permits and use of sovereign submerged lands pursuant to Sectionn 14 days of service of an Administrative Order pursuant to SubsectionQ| written notice of agency decision* means receipt of either written noticet.jX posting that the District has or intends to take final agency action, or"tiSbhas or intends to take final agency action. Any person who receives

n and fails to file a written request for hearing within the timeframequest a hearing on that decision.

&Filing Instructions ^*The Petition must be filed with the Offfc^f the District Clerk of the SFWMD. Filings with the District Clerkmay.be made by mail, hand-delivery ofji fmtle. Filings by e-mail will not be accepted. Any personwishing' to receive a clerked copy with tffe'Sate and time stamped must provide an additional copy. Apetition for administrative hearing is deelft fjted. upon receipt during normal business hours by the DistrictClerk at SFWMD headquarters in West Pato^ach, Florida, Arty document received by the office of theSFWMD ClerR after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additionalfiling instructions are as follows:

•' Filings by mail must be addressed to the Office of the SFWMD Cterk, P.O. Box 24680, West PalmBeach, Florida 33416,

• Filings by hand-delivery must be delivered to the Office of the SFWMD Clerk. Delivery of apetition to the SFWHD's security desk does not constitute filing. To ensure proper filing, itwill be necessary to request the SFWMD's security officer to contact the Clerk's office. Anemployee of the SFWMD's Clerk's office will receive and file frie petition,

• Rlings by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 582-6010. Pursuantto Subsections 28-106,104(7), (8) and (9), Fla. Admin. Code, a party who files a document byfacsimile represents that the original physically signed document will be retained by that party forthe duration of that proceeding and of any subsequent appeal or subsequent proceeding in thatcause. Any party who elects to file any document by facsimile shall be responsible for any delay,disruption, or interruption of the electronic signals'and accepts the full risk that the document maynot be properly filed with the cterk" as a result, The filing date for a document fifed by facsimile shallbe the date the SFWMD Clerk receives the complete document.

Rev. 07OT2009


:iation of an Administrative Hearingant to Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearingbe made by written petition to the SFWMD in legible form and on 8 and t/2 by 11 inch white paper,"ions shall contain;

rurJ . -Identification of the action being contested, including the permit number, application number,Xr jstrict file number or any other SFWMD identification number, if known,iX-ifffe name, address and telephone number of the petitioner and petitioner's representative, if any,3. Afl planation of how the petitioner's substantial interests will be affected by the agency

4. A srasmsot of when and how the petitioner received notice of the SFWMD's decision.5. A statejilent of all disputed issues of material fact. If there are none, the petition must so indicate.6. A concisfrpâtement of the ultimate facts alleged, Including the specific facts the petitioner

ifi contendsWrrant reversal or modification of the SFWMD's proposed .action,,« 7. A statement/fjfijhe specific rules or statutes the petitioner contends require reversal or modificationto of the SFWMEfeJgmpQsed action,® . 8, If disputed issfl&s'igfjrnaterta! fact exist, the statement must also include an explanation of how the

alleged facts relata3a|rie,specific rules or statutes.- 9. A statement.of the tfe,SQught by the petitioner, stating precisely the action the petitioner wishes

the SFWMD to take-wMj^pectto the SFWMD's proposed action.

r;. A person may file a request for au|e§nsion of time forfiling a petition. The SFWMD may, for good cause,-0 • grant the request, Requests for e^Bêh of time must be filed with the SFWMD prior to the deadline for[^ filing a petition for hearing, Such reqfesijfor extension shall contain a certificate that the moving party has

consulted with all other parties concerfjjfjguhe extension and that the SFWMD and any other parties agreeto.or .oppose the extension. A timely requÊ/fcr extension of time shall toll the running of the time period forfiling a petition until the request is acted urjpj x

if the District takes action with substantiaIly<gSs£at Impacts on water resources from the notice of intendedagency decision, the persons who may be substantially affected shall have an additional point of entrypursuant to Rule 28-106.111, Fla, Admin. Code, unless otherwise provided by law.

MediationThe procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat, and Rules 28-106.111and 28-106,401-405, Fla, Admin. Code, The SFWMD is not proposing mediation for this agency actionunder Section 120.573, Fla. Stat., at this time,

RIGHT TO SEEK JUDICIAL REVIEWPursuant to Sections 120.60(3) and 120,68, Fta. Stat, a party who is adversely affected by final SFWMD actionmay seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Rorida Rule ofAppellate Procedure 9.110 in the Fourth District Court of Appeal or In the appellate district where a partyresides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the finalSFWMD action,

Rev. 07/01/2009


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Lag^ Date For Agency Action: February 3, 2012

GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT

Pro tJJame: Osprey Oaks PUD Muitifamily< w

Permit-No.: 50-0971 8-P

"•:, AppIIcaMorfJJo.: 110817-10ro <nP3>t.;;> Applicatioii-Type: Environmental Resource (Genera) Permit Modification)

*" Location: |lm Beach County, S10/T45S/R42E

Permittee: BTJ/Osprey Acquisition L L C

Operating Enttty<^osprey Oaks Homeowners Association, Inc.

Project Area: 2.23^^

Protect Land Use: Residential1 v ^ ' ;

Drainage Basin: C-16

Receiving Body: Master

Special Drainage District Mke^Wpriri Drainage District

Conservation Easement To Dls tejU, NOSovereign Submerged Lands:

This appiication is a request for modiflcaroft-of an Environmental Resource Permit (ERP) to authorizeconstruction and operation of a;surface Wjp«r management (SWM) system to serve a 2.23-acreresidential project known as Osprey Oaks Prajfnea Unit Development (PUD), Multifamily.

App.no.: 110817-10 . PagalofS


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PROJECT EVALUATION:

f consists of 223 acres lying within the greater +/- 87.85-acre Osprey Oaks PUD; itself a partof thSJÔTtfi Florida Wafer Management District's (SFWMD) C-16 Basin. The project site is bounded byJog Road'to the west, Western Way to the north, a portion of the Osprey Oaks PUD to the east, and theAzura TowpFjEjSses project to the south. The site is located in all or parts of Section(s) 10, Township 45South, R^n^^42 East in Palm Beach County, Please refer to Exhibits 1.1 and 1.2 for general anddetailed location maps, respectively.

There are no^&Moiitted SWM facilities within the project area. The Osprey Oaks PUD receivedconceptual apprâpfoa SFWMD ERP No. 50-09718-P, Application No. 110214-2, with construction andoperation authoriza^jrwcr the single-family portion of the PUD.

There are no wetend^gjfîther surface waters located within or affected by the proposed project,

Proposed is the modification 'i 'Sg-WMD ERP No. 5Q-G9718-P to authorize construction and operation ofa SWM system to serve 2.2S a^^p?multifamily residential development known as Osprey Oaks PUD,Multlfamily. The proposed proj§efjs$ftconsist of the construction of 37 condominium units within twobuildings and associated parkingâpvyay and drainage infrastructure.

drainage inlets and storm sewer pipes discharging into theSWM system (SFWMD ERP No. 50-09718-P,

ty (WQ) treatment and flood attenuation is addressed Jn the

The proposed SWM system will copreviously permitted Osprey OaksApplication No, 110214-2). All water qmaster SWM system.

Please refer to Exhibit 2.1 as well as the Lause breakdown within the proposed project

section of this Staff Report for an accounting of land;cription of specific drainage patterns,

Construction:Project:

Buffer AreaBuliding CoverageImperviousLakeLake BankOtherPervious

PreviouslyPermitted

8,5417,1117.939.275.011.71

26.05

This Phase

.00

.40.94.00,00.00.89

Total Project

8.5417.5118.879.275.011.71

26.94

acresacresacresacresacresacresacres

Total: 85,62 2,23 87.85

' App.no.: 110817-10 Page 2 of 5


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large Rate :

osed project Is consistent with the land use and site grading assumptions from the design of theSWM system (SFWMD ERP No. 50-0971B-P, Application No. 110214-2). Therefore, the SWM

this project has not been designed to limit discharge for the design event to a specified rate.

ivatlon :o

Area(Acres)

Ctrl Elev(ft, NGVD 29)

WSWT Ctrl Elev(ft, NGVD 29)

Method OfDetermination

SITE 2.23 16 16,00 Adjacent Canal Control Elevation

No adverse WQ impactthe Osprey Oaks P2),

are anticipated as a result of the proposed project. WQ treatment is provided in" ster SWM system {SFWMD ERP No, 50-09178-P, Application No. 110214-

it Is suggested that the peprn|Sê retain the services of a Professional Engineer registered in the State ofFlorida for periodic observaS^Tef^constaiction of the SWM system. This will facilitate the completion ofconstruction completion certifi<§ft0ij, Form #0881 which is required pursuant to Section 10 of the Basis ofReview for Environmental Re^ptffcfeêrmit Applications within the South Florida Water ManagementDistrict, and Rule 40£-4.361(2), r nifcMdministrative Code (FAC.).

Pursuant to Chapter 40E-4 F.A.C,, t jjermit may not be converted from the construction phase to theoperation phase until certification of th ''iw^1 system is submitted to and accepted by this District. Rule406-4.321(7) F.A.C. states that failureâ'complete construction of the SWM system and obtain operationphase approval from the District within the'S rtit duration shall require a new permit authorization unlessa permit extension is granted, / ->,

.For SWM systems permitted with an operatô/enw who is different from the permittee, it should be notedthat until the permit is transferred to the 'o fattag entity pursuant to. Rute 40E-1.6107, FAC,, thepermittee is liabte for compliance with the terms\ofjB& permit.

The permittee Is advised that the efficiency of a SWM system will normally decrease overtime unless thesystem is periodically maintained. A significant reduction in flow capacity can usually be attributed topartial blockages of the conveyance system. Once flow capacity is compromised, flooding of the projectmay result. Maintenance of the SWM system is required to protect the public health, safety and the naturalresources of the state. Therefore, the permittee must have periodic inspections of the SWM systemperformed to ensure performance for flood protection and water quality purposes. If deficiencies arefound, it is the responsibility of the permittee to correct these deficiencies in a timely manner.

App.no.: 110317-10 Page 3 of 5


efpi.staff_reportrdfniti:s

aRSfcATED CONCERNS:

Permit Status:

has indicated that surface water takes will be used as a source for irrigation water for theUse Permit No, 50-09686-W, application No. 110307-5 was issued on July 7, 2011 and

is in e^gcTfor this project, The applicant has indicated that dewatering is required for construction of thisproject. Wa^Rlse Application No. 1 1 1215-8 has been submitted concurrently,

This permifcaoes not release the permittee from obtaining all necessary Water Use authorization ) priorto the commencement of activities which will require such authorization, Including construction dewateringand )rrlgation;

CERP:

The proposed project not located within or adjacent to a Comprehensive Everglades RestorationProject component.

Potable Water Supplied

Pafm Beach County Water4aljt%s Department,

Waste Water System/Suppnf

Palm Beach County Water Utilifie fj

RIgtit-Of-Way Permtt Status:

A District Right-of-Way Permit is not rafewed for this project

DRI Status:

This project is not a DRI.

Historlcal/Archeologlcal Resources:

. The District received correspondence from me Ftorida Department of State, Division of HistoricalResources, during review of Application No, 110214-2 for Conceptual Approval of the Osprey Oaks PUD,indicating that the agency has no objections to the issuance of this permit.

DEO/CZM Consistency Review:

The issuance of this permit constitutes a finding of consistency with the Florida Coastal ManagementProgram.

Third Party Interest

No third party has contacted the District with concerns about this application.

, Enforcement:

There has been no enforcement activity associated with this application.

STAFF REVIEW;

App.no,: 110317-10 Paga4of5


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APPROVAL:

RESOURCE MANAGEMENT:

DATE:

DATE:

App.no.: 110817-10 Paga 5 of 5


-J--M10817-10

PALM BEACH COUNTY, FLORIDA

Application Number 110817-10

Permit Number 50-09718-P

Sec10/Twp45/Rge42

Project Name: OSPREY OAKS PUD MULTIFAMILY

AMap Date: 2011-08-24

10

I Miles Exhibit Number: 1,1Page 1 of 1


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PALM BEACH COUNTY, FLORIDA

Legend

\/ / J Application

Application Number. 110817-10

Sec10/Twp45/Rge42

Project Name: OSPREY OAKS PUD MULTIFAMILY

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Map Date: 2011-08-24

Permit Number: 50-09718-P

0.03 0.06HI Miles Exhibit Number: 1.2

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PAV3NO, GRADING, & DRAINAGE PLANSFOR

Osprey Oaks P.U.

LEGAL DESCRIPTION

OWNER:

BR Osprey Acqufsittons, tLC2701 NW Boca Raton Boulevard, Suite 103Boca Raton, Florida 33431

Palm Beach County, Flori

LOCATION MAP

INDEX OF SHEETS

SHEET DESCRIPTION SHEET NO.

PANflNQ. GRADING, &ORAINAfeEPLAN

CONSTRUCTIONS DETAILSCONSTRUCTION PER/ODSTORMWATER POLLUTIONPREVENTION PLAN

PROJECT NO. 10124June 2011

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RECEWEO

SCHNARS ENGINEERING CORPORATIONM9\f MOQBE ROAD • 9DCA (WTON,ROfllM «MW SCHNARS

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STAFF REPORT DISTRIBUTION LIST

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AKS P U. D-MULT1FAMILY

110817-10

50-09718-P

INTERNALJ>I%TRIBUftON

P.E,

X CarolineX JesseX Carlos A,X Barbara J,X ERCEngineerinX ERC EnvironmentalX H, AztziX Permit File

EXTERNAL DISTRIBUTION

X Permittee - B R Osprey Acquisition L L CX Engr Consultant - Schnars Engineering Corp

GOVERNMENT AGENCIES

X Dlv of Recreation and Park - District 5 -• FDEPX Lake Worth Drainage DistrictX Palm Beach County - Environmental Res

Management ; . 'X Palm Beach County - Health Dept Environmental

Health & EngineeringX Pajm Beach County - Water Utilities Operations

CenterX Palm Beach County School District of Palm Beach

CountyX Palm Beach County Engineer


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STAFF REPORT DISTRIBUTION LIST

ADD!

B R Qsprey. 2701 N WBoca Raton

uisition L L CBfvd Ste 103

Div of Recreation !and13798 Se Federal-HighyHobe Sound FL 33455ernest.cowan@dep,state.

Palm Beach County -2300 N. Jog Road

• 4th FloorWest Palm Beach FL 33411-274:[email protected]

- District 5 -FDEP

Res Managemento.

v;Patm Beach County - Water Utilities OpeJ8100 Forest rtill BoulevardWest Palm Beach FL 33413-3336 j O]•[email protected]

Palm Beach County Engineer2300 N, Jog RoadWest Palm Beach FL 33411gwehb@pbcgov,org

Center

Schnars Engineering Corp949a Clint Moore RdBoca Raton FL 33487

Lake Worth Drainage District13081 S, Military TraitDelray Beach FL 33484patrickmartin@Iwdd,net, [email protected]

Palm Beach County - Health Dept Environmental Health& Engineering901 Evemfa StreetWest Palm Beach FL [email protected] .us

Palm Beach County 'School District of Palm Beach County3300 summit BlvdWest Palm Beach FL 33406-1492terrence,[email protected],jim,kunard@palmbeachschpols,org

Application No: 110817-10 Page 2 of 2


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Transcript of V^ g - GRS Community Management · or bk 27425 .pg 0223 recorded 03/2s/2015 14:35:51 pain beach...