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R96-015If RESOLUTION NO. ~F~'/~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AN ADDENDUM TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND HOWARD SCHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach entered into a Settlement Agreement with Howard Scharlin, Trustee for Woolbright Place, a Yoint Venture; and WHEREAS, an additional issue regarding signage for the Cracker Barrel store and restaurant is outstanding and subject to resolution within the context of the comprehensive settlement reflected in the Settlement Agreement; and WHEREAS, the City Administration and representatives of Howard ~charlin, Trustee, and the Cracker Barrel have met and reached a tentative resolution of the sign issue which requires Commission ~pproval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 2ITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized ~o execute on behalf of the City, an Addendum to the Settlement ~greement heretofore entered into between Howard Scharlin, Trustee, ~nd the City of Boynton Beach. A copy of the Addendum is attached aereto as Exhibit "A". lAC/[ mh !/2/96 ~00182. BB 'RADEWND. ADD Page 1 of 2 Section 2. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS ~ DAY OF ~ 1996. CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Vice Mayor Co~iss loner ~. ~TTEST: CLERK Commissioner £ HEREBY CERTIFY that I have approved the form of this RESOLUTION PAMEs A. CH~ROF CiTY ATTORNEY AC/tmh ~2/96 )00182.BB 'RADEWND.ADD Page 2 of 2 ICL' I~.;15 FAX i ;37 241 0646 ~ORTON GROUP THIS ADDENDUM is entered into this 6th day of February, 1996, be=ween the CITY OF BOYNTON BEACH ('CITY") and HOWARD $CHARLIN, TRUSTEE FOR WOOLBRIGHT PLACE, JOINT VENTURE ( ,SCHARLIN- ). WHEREAS, the CITY and SCHARLIN have heretofore entered into a Settlement Agreement which bears the dated of November ?, 1995, and which was signed by the CITY on May 17, 1995 and by SCHARLIN on June 21, 1995; and WHEREAS, an additional issue of siqnage for the Cracker Barrel store-and restaurant has arisen which is susceptible to resolution within the context of the Settlement Agreement; and WHEREAS, the parties are amenable to amendment Settlement Agreement by Addmndum, leaving all conditions thereof fully and completely intact. NOW THEREFORE, in consideration of the mutual expressed herein, the parties agree as follows: 1. of =he other terms and covenants The foregoing ·whereas' clauses ars true and correct. The Settlement Agreement is hereby amended as follows: A. A new Section 21 is added as follows: SCHARLZN shall be permitted to locate one pylon sign on property, to be conveyed to Cz'acker Barrel, adjacent Co the Interstate 95 for the purposes of signage fo~' th~ Cracker Barrel store and restaurant being constructed in the Woolbright Place ~CD. The sign shall be of a size and configuration as depicted on Exhibit "A" and shall be solely limited to identifying the Cracker Barrel store and restaurant. There shall be no directional lanquage in the content of the sign except · Exit # , Wes~~. In all other resDects, the sign shall be constructed in accordance with the aDplicable Building Code. Approval of this sign is conditioned on the construction and operation of the Cracker Barrel store and restaurant in the Woolbrigh~ Place PCD/PUD. In the event the Cracker Barrel subsequently ceases operations, the sign and sign struc=ure shall be removed with a period of 90 days following the discontinuance of that business. Paragraph 15 of the Se~tlemen= Agreement shall be amended as follows: COMMISSION APPROVAL: This Agreement shall have no force and effect until approved by a majority of the City Co=,~ssion. THE CITY OF BOYNTON BEACH ATTEST: (City Seal) JAC/lmh 900304 ADDENDUM. 1 From Jerry Handshuh ' G.S. (Ie~v) [-t~os~u~ ' ' ,~,.. ~L E~ ~ F~ 407 6~ 5733 Ola Counm/St~re ~E FOI~ND&TION DRA]~IN~ FOR BASE DgTAI~ SIGN ELEVATION SIGN PROFILE m 240 ~ 240 SF PF CABINET UOUNTING PLATE DETAIL (~) -SPLICE DI_rTAIL ~ WIND CRITERIA ~ ~ ~ ~ ~ ~ ~Y AT ~~ r~ ~. 1~.0278 =tm~. 1-95 end S~ST ~th S~ ~. ~ BO~ B~, ELROD km COI {I:'ANY SUPPORTING STRUCTURE 240 SQUAIiE FOOT 50'00AH ABOVE FINISHED GRADE COASTAL WIND LOADING WITH PORCELAIN FACES ~'OLINDATiON PLAN FOUNDATION ELEVATION I .... 1..3~ ..... . ;. ..._ ~_..._.-.. ?, ....,..,.- -~..~.; ~.~-~ ..~.~ ~. .. .- . . f ~,.: . · ...-''.: , , :.~ ~ ~-~ ~ ' ' - ' ' ' I E~Y ~ ' ' " ' ' ' '" ' ' ~ ':' ' ' ' J~' ' ' '~ ' ~:/t ;: ~,---~"-".' .'; ,-" ' .'7 ' -'.- · '? "' -. '.-;'". ~'"~ .'.', . .-~,~,., ~-.~-~---....., . ...-. . ,..'., .~ ~-~,..-~: .j...!i.~- .-,T-"~...~...-:.~';?. ~m~3~-~m --~.,...?r',....~.-~."...,....,.--..,...:~:'~ .-~:4, · ::r.~,, .,~ ........ ~... ~ . .~..-,, . ...... . ...... . ,, ......... , I IE~' I ~ ~-~ ' ~ ~ ~ ~i FOUNDATION 3 mO~S ~..M C~ r~C~ I cam~fl' ~N ~meXIIG~ ElaBEDMENT DETAIL Eh4BEDblENT SECTION A-A ',--10- ~t J~Bdd x 20-3' I.~NG EOi~LLY SPACIZ) FOUNDATION CRITERIA rAOLr~ m'eu~- 163.0278 STRUT- 1-95 and SOUll'I~rST Eth STR~'T ~ S~A~ BOYNTON BEAO-I, FLORIDA ELROD & COMPANY FOUNDATION & BASE CONNECTION i 240 SQUARE FOOl' 50'0 OAH ABOVE FINISHED GRADE COASTAL WIND LOADING W/ SPREAD FDN (SUBMERGED DESIGN)