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APPLICATION ! I' PLANNING DEPT. MEMO NO. 90-145 TO: James Cherof, City Attorney Timothy P. Cannon, Interim Planning Director ~ James J. Golden, Senior City Planner THRU: FROM: DATE: May 10, 1990 RE: Water's Edge Marina - Conditional Use Approval of the above-referenced application is conditioned upon the approval of various lease, license and easement agreements, as outlined in the attached Planning Department memorandum (see circled items). The developer's attorney has drafted the necessary documents and has submitted copies to the Planning Department for review by the City as follows: Exhibit "A" Tri-Party Agreement (see comments #5 and #6 and memorandum from Carmen S. Annunziato to Dianna Lawes dated January 5, 1987). Exhibit "B" Grant of License by City of Boynton Beach to J & J Ventures for utilization of East Boynton Beach Boulevard (see comment #5). NOTE: Subsequent to the preparation of this document, it was determined that the existing right-of-way is under the juris- diction of the Florida Department of Transportation (FDOT) and not the City of Boynton Beach. Therefore, item 2.c on page 4 of Exhibit "A" (Tri-Party Agreement) appears to adequately address this issue. Exhibit "c" Gr~nt of license by City of Boynton Beach to J & J Ventures of Florida for utilization of Casa Lorna Boulevard (see comments #10 and #11). l- ' EXHIBIT "0" Grant of Easement by J & J Ventures of Florida to the City of Boynton Beach for private road access to Cas a Lorna Boulevard (see comment #ll.c). NOTE: Perpetual access should also be guaranteed for the existing business located on the south side of Casa Loma Boulevard. Exhibit "E" Lease Agreement between Wendall T. Hall and Janet Hall, his wife, Lessor to J & J Ventures of Florida (see comment #5 and #6). The above documents were prepared by Gene Murphy, Esquire (telephone number 655-4060). Please review these documents for legal sufficiency and notify me as to any necessary changes, so that I can advise the applicant accordingly. By copy of this memorandum, I am also requesting that the City Manager and the Community Improvement Director notify me as to any concerns they may have with respect to the criteria contained within these documents. J=t~ JJG/cmc cc: City Manager Community Improvement Director Gene Murphy Craig Livingston Central File ---- PLANNING DEPT. MEMORANDUM NO. 90-103 TO: Chairman & Members Downtown Review Board THRU: Timothy P. Cannon ' ~0 Interim Planning Director , ~ FROM: James J. Golden Senior City Planner DATE: April 20, 1990 SUBJECT: Water's Edge Marina - Conditional Use With respect to the above, please be advised of the following: 1. The plans submitted for review by the Technical Review Board did not include the following: a. Revised traffic impact analysis addressing turn lane improvements for two new access points onto Ocean Avenue and turn lane improvements and/or signalization modifications for the roadway extension westward from the site to the intersection of Federal Highway and Boynton Beach Boulevard. Design of roadway extension should take into consideration the approved renovation plans for Boynton Beach Plaza (Policy 1.3.1 of Comprehensive Plan and Section 19-60(b)(7) of the Code of Ordinances). b. Exterior furnishings and pedestrian amenities (Section 7.5-57.I.J of the CBD Landscape Regulations and Section 19-60(b)(5) of the Code of Ordinances). c. Sign details (Section 6. E. 6 of Appendix A-Zoning and Section 19-60(b)(6) of the Code of Ordinances). d. Elevations of all side of buildings proposed (Section 19-60(b)(4) of the Code of Ordinances). e. Floor plans for all floors of buildings proposed (Section 19-60(b)(4) of the Code of Ordinances). f. Parking lease and license agreements to be used to control the use, development and maintenance of the land (Section 19-60(b)(10) of the Code of Ordinances), as subsequently outlined in this memorandum. g. Schedule and descriptions of proposed uses, tabulation of square feet proposed for each use; estimated population and employees; hours of operation; construction sequence and time schedule for completion of each phase for buildings, parking and landscaped areas (Section 19-60(b)(8) of the Code of Ordinances). h. Proposed building checklist). i. Lighting details (item *26.d on site plan application checklist, Section 19-60(b)(5) of the Code of Ordinances and Design Requirements of Article X-Parking Lots) . setbacks \. (item *6 on site plan PLANNING DEPT. MEMORANDUM NO. 90-103 TO: Chairman & Members, Downtown Review Board SUBJ: Water's Edge Marina -2- Apr. 20, 1990 A building permit cannot be issued until the above items have been submitted for review by the Technical Review Board, the Downtown Review Board, the Community Redevelopment Agency and the City Commission (Sections 19-62 and 19-68(b) of the Code of Ordinances). 2. There are substantial differences between the engineering drawings and the site plan with respect to the layout and design of the parking lot underneath the bridge and the restaurant building and surrounding parking area. 3. The stormwater runoff from the parking lot area underneath the bridge is draining into the mangrove area to the south. Adequate pretreatment of this runoff is required. (Article X-Parking Lots and Policy 1.11.7 of the Comprehensive Plan). 4. Parking space calculations were not clearly delineated on the site plan application and plans. My calculations are as follows: 4 TOTAL 1parking requirements for dry boat storage are not listed in Appendix A-Zoning. Section ll-H.12 of Appendix A-Zoning states that "where a use is not listed, parking space requirements shall be determined by the City Commission after review and recommendation by the Planning and Zoning Board". The applicant has not submitted any documentation that one space for every four boats is a reasonable requirement. However, the applicant is requesting approval of this parking ratio and should be required to submit said documentation. 2parking for restaurants is one space per two and one-half seats, but not less than one parking space per one hundred square feet of gross leasable floor area (Section 11.H.16.d(1) of Appendix A-Zoning) . Since the gross floor area was not shown, it was assumed that the parking based on the seating would be greater. 3The gross floor area of the retail in the lighthouse was not shown and had to be estimated. 4The number of required parking spaces can be reduced by 35 percent in the CBD. #SPACES 55 90 174 54 373 x .065 243 USE CALCULATION 1 1 4 boats Boat Storage(220 boats) space per 2 1 2.5 seats Restaurant(225 seats) space per 3Retail/Office Complex 1 space per 200 sq. ft. (34,700 sq ft) Gross Floor Area Marina (54 slips) 1 space per boat 187 spaces 78 spaces PARKING PROVIDED (ON-SITE) BRIDGE PARKING (OFF-SITE) = = = 265 spaces 243 spaces (approximate) TOTAL PARKING PROVIDED TOTAL PARKING REQUIRED = PLANNING DEPT. MEMORANDUM NO. 90-103 TO: Chairman & Members, Downtown Review Board SUBJ: Water's Edge Marina -3- Apr. 20, 1990 NOTES: (1) Parking spaces provided on the south side of Cas a Lorna right-of-way have been reserved for existing businesses and are not proposed to be utilized for this project. (2) At the TRB meeting, the developer indicated that there may be one or more charter boats utilizing the marina. Additional parking would be required for the charter boats beyond the 243 spaces (approximate) outlined above (Section 11.16.e(11) of Appendix A-Zoning). ( 3 ) No loading spaces are shown on the site plan. Three spaces were required on the original site plan (Section 11.J of Appendix A-Zoning). ( 4) The Community Redevelopment Agency or Ci ty Commission can require additional or fewer parking and loading spaces than those previously outlined in this memorandum (Section 6.E.4.d of Appendix A-Zoning). However, if fewer parking spaces are required, quantitative evidence must be provided substantiating that the requirements are exces- sive. In addition, the Community Redevelopment Agency or City Commission shall take into account existing parking facilities in the vicinity of the ~ proposed development. ( ~:-) In order to construct the parking lot within the future ~/. Boynton Beach Boulevard bridge right-of-way, prior to the condemnation of the right-of-way for the bridge, a license agreement will be required from the governmental entity that currently has jurisdiction over the existing 30 foot wide right-of-way. In addition, the Community Redevelopment Agency must approve a lease agreement for that portion of the parking lot that is proposed on the property which lies north of the existing 30 foot wide right-of-way, owned by Janet Hall, after review and recommendation by the Technical Review Board (Section 6.E.4.c(2) and (3) of Appendix A-Zoning). ! ' ~) 7. 8. 9. G) A tri-party agreement had been negotiated to allow for parking underneath the proposed bridge, as outlined in the attached memorandum from the former Planning Director to the former Executive Director of the Community Redevelopment Agency, dated January 5, 1987. Also attached is a draft copy of the formal agreement which was prepared by Jimmy Hall's attorney in 1986. It appears that it will be necessary to update this agreement, and it may be necessary to include Janet Hall's property. If a two lane bridge is constructed instead of the original four lane bridge proposed, it may not allow for a parking lot to be constructed underneath the bridge, due to the lower elevation needed for the two lane bridge. The conditions of the previous variance approval for the fire lane and the backing of cars into Cas a Lorna Boulevard must still be met. The elbow turn in the parking lot driveway on the south side of the restaurant should be striped for one-way traffic flow. License agreements must be approved by the City Commission for the utilization of public rights-of-way (N.E. 6th Street and Casa Loma Boulevard) for parking and other purposes. PLANNING DEPT. MEMORANDUM NO. 90-103 TO: Chairman & Members, Downtown Review Board SUBJ: Water's Edge Marina -4- Apr. 20, 1990 ~~: )If the City Commission approves a license agreement for the ~ 1,// use of the Casa Lorna right-of-way, the following provisions '---" should be incorporated: a. Reserve two or three areas on the south side of the right-of-way for loading zones (with a dimension of twelve feet by thirty-five feet) to serve the existing businesses. b. Reserve sufficient area for placement of dumpsters and enclosures to serve the existing businesses. c. Dedicate an easement to connect Casa Lorna Boulevard to Ocean Avenue and Boynton Beach Boulevard via the private street system. d. Resurface Casa Lorna Boulevard, which is currently in poor condition. e. Construct parking stalls in accordance with the design requirements of Article X-Parking Lots; i.e., provide curbing or car stops and double-stripe parking stalls. 12. Concerning the roadway extension within the existing thirty foot wide right-of-way to provide access to the signal at Federal Highway and Boynton Beach Boulevard, the following comments are relevant: a. Provide a detail of the proposed extension showing width of pavement, traffic control, etc. b. If the roadway is designed with a width that exceeds the existing thirty foot wide right-of-way, an easement will be required from the adjacent property owner(s) to construct a portion of the roadway on private property. 13. On-site utilities must be located underground (Section 6.E.3 of Appendix A-Zoning). A note should be placed on the construction plans stating the above. 14. There are conflicts concerning the proposed design of the garage door opening and access ramp on the west side of the boat storage building between the site plan, paving and drainage plan, floor plan, and typical elevations. All drawings should correspond prior to sign-off. 15. The south access aisle for the parking within the Boynton Beach Boulevard right-of-way has an access aisle with a width of twenty-four feet. The design requirements of Article X-Parking Lots require a twenty-seven foot access aisle. The parking lot must be reconfigured to provide the additional three feet or a variance must be applied for. 16. Lighting poles that encroach parking stalls should be relocated to landscaped islands or strips. 17. As a condition of Conditional Use approval, it is recommended that the marina and dry boat storage building require an Environmental Review Permit prior to the issuance of a Building Permit (Sections ll.3.C.6 and 6.E.l.A of Appendix A-Zoning). PLANNING DEPT. MEMORANDUM NO. 90-103 TO: Chairman & Members, Downtown Review Board SUBJ: Water's Edge Marina -5- Apr. 20, 1990 18. Policy 7.2.11 of the Comprehensive Plan requires sanitary hook-ups for long-term boat use. Utility drawings do not provide for such hook-ups. Please modify plans accordingly prior to sign-off. 19. Policy 7.2.5 of the Comprehensive Plan recommends that the land development regulations be modified to require future marinas to be designed to maximize flushing of the marina basin. Based on this policy and the design complexity of a marina project, it is recommended that the City's engineering consultants, Gee and Jensen, review the proposed marina plans, to determine if improved flushing is possible. 20. The City Commission must establish a time limit within which a conditional use may be developed (Section 11.2. E.l of Appendix A-Zoning). It is recommended that a one year time limit be established, during which an application for a building permit shall be submitted. 21. The Technical Review Board is recommending that the site plan be resubmitted to address the outstanding submittal requirements and the technical issues that were raised at the April 19, 1990 meeting, consistent with the requirements of Sections 19-62 and 19-68(b) of the Code of Ordinances. 'I /, /~,,-vJ.k\, . GOLDEN JJG:frb cc: Central File A:PM90-103 :1EMORANDUM 5 January 1987 TO: Dianna Lawes, Executive Director Community Redevelopment Agency FROM: Carmen S. Annunziato, Planning Director RE: Water's Edge Marina - Comments Related to Boynto~ Beach Boulevard Among the many issues to be resolved concerning the proposed marina project is the series of issues related to the construction of the proposed Boynton Beach Boulevard Intracoastal Waterway Bridge. These concerns are generally related to the future right-of-way for the bridge and the use of land if the bridge is or is not constructed. In order to resolve these matters, the Planning Department offers for the Downtown Review Board and Community Redevelopment Agency, recommendations as follows: 1. The applicant, Mr. Hall, must dedicate to the City of Beach, a right-of-way of 45 feet south of and adjacent to northerly property line over the limits of this project. dedication is necessary in order to accomodate the bridge construction or the extension of Boynton Beach Boulevard, eastward to the Intracoastal Waterway if the bridge is not constructed consistent with Comprehensive Plan policies. Boynton his This 2. The applicant must dedicate to Boynton Beach a ten-foot permanent construction easement southward of and adjacent to the right-of-way to be dedicated in item 1 above. 3. The applicant must dedicate to Boynton Beach an access easement from the Boynton Beach Boulevard to the area under the elevated portion of the proposed bridge through his property as shown on his proposed site plan. 4. The City of Boynton Beach shall issue a license to the applicant to use that portion of the dedicated right-of-way which would lie under the elevated portion of the proposed bridge for the purposes of constructing parking, landscaping, decking, and other uses shown on the proposed site plan with all non-required parking to be available to the public. 5. The ability to construct parking lying north of the section line, under the bridge will be predicated upon the applicant securing a license from the Florida Department of Transportation. 1 6. If a parking lot is to be constructed under the proposed bridge, the finished elevation of the parking lot must be not less than 4 feet above mean sea level and provide for a minimum vertical clearance of 8 feet. If these recommendations are approved through the plan review process, it is our belief that the requirements of the Department of Transportation would be accomodated as well as the needs and concerns of the applicant and the City. L- __Jl~ CARMEN S. UNZIATO /bks cc: Peter L. Cheney, City Manager Craig Livingston 2 EXHIBIT nAn 0529B/l 101386 TRY-PARTY AGREEMENT This agreement entered into this day of October, 1986, by and among the Plorida Department of Transportation (DOT), City of Boynton Beach, a Municipal Corporation located in palm Beach County, plorida (BOYNTON), and J'J Ventures of Florida, a Florida General partnership (J'J) . WHEREAS, DOT intends to construct a four lane bridge over the Intracoastal Waterway connecting BOYNTON with the Town of Ocean Ridge. The new bridge would replace the existing bridge between BOYNTON and Ocean Ridge and would be located approximately 700 feet north of the existing bridge and the proposed si te of the br idge in BOYNTON would be the extension of Boynton Beach Boulevard to the Intracoastal Waterway; and WHEREAS, DOT prepared and recorded in the Official Records of palm Beach County, Florida, the right-ot-way map extending state Road 804 to Highway AlA and including the right-of-way for the construction ot the four lane bridge over the Intracoastal Waterway; and WHEREAS, BOYNTON included the right-ot-way map prepared by DOT and recorded in the Official Records of Palm Beach County, Florida, in its comprehensive plan; and WHEREAS, Palm Beach County included the right-of-way map prepared by DOT and recorded in the Official Records of Palm Beach county, Florida, in its comprehensive plan; and WHEREAS, In accordance with the procedures of DOT, the location of the bridge was referred to a hearing officer for his determination. The hearing officer determined that the br idge could not be located at the si te proposed by DOT and that the bridge should be located at the existing site of the present br i dge. The recommendat ion or ru I ing of the hear ing officer was appealed to DOT and DOT rejected his recommendation. The action of DOT was appealed to the Fourth District Court of Appeal and the Appellate Court held that the action of DOT was erroneous and constituted an abuse of discretion and reversed and remanded the question for a full hearing_ In rendering its decision, the Fourth District Court of Appeal recognized the great public importance of the decision and certified several issues raised in its decision to the Supreme Court. The Supreme Court has not rendered a decision on the certified questions; and WHEREAS, J&J purchased a tract of real property located in BOYNTON, and more particularly described on Exhibit -A-. The northern part of the real property of J&J falls within the area DOT intends to acquire in order to construct the four lane bridge. J&J is in the process of prepar Ing and submitting to BOYNTON a site plan wherein J&J intends to develop the real property as a ~otel/motel marina complex with QOrnmercia1.. bu i ldings, boat dock.s, and other ancillary uses; and -2- WHEREAS, the real property described in Exhibit .A. is within the Municipal limits of BOYNTON and BOYNTON must approve the site plan before the property may be developed by J&J. NOW, therefore, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which each party acknowledges receiving, the parties agree as follows: 1. J&J agrees to perform the following obligations: a) J&J, at its expense, will cause to be prepared engineering plans which will provide for the reduction of the right-of-way on the south side of the bridge and the construction of a retaining wall on the south side of the bridge. Attached hereto as Exhibit .B. is a copy of said plans. b) In the event the bridge over the Intracoastal Waterway is finally located at the extension of State Road 804/Boynton Beach Boulevard, J&J agrees to transfer to DOT that portion of the real property of J&J which is described on Exhibit .C.. The real property described on Exhibit .C. includes the fee title to a portion of the real estate and the fee title to a portion of the air rights but not the underlying ground which J&J will retain for its use. The parties to this agreement recognize that J&J is obligated to transfer the real property described in Exhibit .C. to DOT and that the consideration which J&J shall receive for the transfer of the real property will be determined at a later date. -3- c) J&J agrees to convey to DOT construction and maintenance easements which will enable DOT to construct the br idge in accordance wi th its plans and specifications and to maintain the bridge after it is constructed. A description of the easements is attached hereto as Exhibit -D-. d) In the event the bridge over the Intracoastal Waterway is not finally located at the extension of state Road 804jBoynton Beach Boulevard, J&J shall donate to BOYNTON that portion of the real property described on Exhibit -A- which will enable BOYNTON to complete an 80 foot ~ight-of-way to the Intracoatal Waterway. 2. DOT agrees to complete the following obligations: a) DOT shall bulkhead that portion of its property which is adjacent to the Intracoastal Waterway. b) DOT shall construct a retaining wall on the south side of the bridge in accordance with the plans and specifications set forth on Exhibit -B- and DOT shall maintain the retaining wall. c) DOT sha 11 enter into a lease agreement wi th J&J wherein DOT will agree to lease to J&J the real property descr ibed on Exhibi t - EW and in accordance wi th the terms set forth on Exhibi t wE-. Said real property is located within the bridge right-of-way and under the bridge. -4- 3. resolutions obligations: BOYNTON obligating agrees to BOYNTON to enact a undertake resolution or the following a) At tached he reto as Exhibi t W pw is a copy of the plans and specifications of DOT to construct the br idge as modified by the engineer ing plans prepared by J&J, and attached hereto as Exhibit -Bw. BOYNTON has reviewed said plans, as modified, and approves them. b) BOYNTON recognizes that the site plan which will be submitted by J&J to BOYNTON for approval does not provide for access to Boynton Beach Boulevard. BOYNTON shall authorize J&J to use that portion of its real property as depicted on Exhibit -G- as an access route for emergency vehicles through the development pending final resolution of issues relating to the DOT extention of state Road 804. c) 1. In the event DOT is not authorized to construct the bridge at the proposed site, BOYNTON shall extend Boynton Beach Boulevard/804 east to the Intracoastal Waterway and along the northern boundary of the real property described on Exhibit -A-. 2. In the event DOT is author i zed to construct the bridge on the proposed site, BOYNTON shall authorized J&J to use that track of ground located at the east end of Casa Lorna Boulevard. -5- Dated this day of Signed, sealed and delivered in the presence of: Attest: Attest: City Clerk -6- , 198_. J'J VENTURBS OF FLORIDA A Florida General partnership under the laws of the State of Florida By: James W. Ball, General partner FLORIDA DEPARTMENT OF TRANSPORTATION By: CI TY OF BOYNTON BEACH, A MUNICIPAL CORPORATION By: Mayor LEGAL DESCRIPTION REAL PROPERTY OF J&J LOCATED IN BOYNTON MUNICIPAL LIMITS EXHIBIT -A- ENGINEERING PLANS PREPARED BY J&J REDUCING RIGHT-OF-WAY AND CONSTRUCTING A RETAINING WALL EXHIBIT -B8 LEGAL DESCRIPTION J&J TRANSFER TO DOT EXHIBIT .e. CONSTRUCTION AND MAINTENANCE EASEMENTS CONVEYED BY J&J TO DOT EXHIBIT -De LEASE AGREEMENT WHEREIN DOT LEASES REAL PROPERTY TO J'J LOCATED WITHIN RIGHT-OF-WAY EXHIBIT -E- DOT PLANS AND SPECIFICATIONS FOR BRIDGE CONSTRUCTION EXHIBIT eFe PARTIAL SITE PLAN , LEGAL DESCRIPTION OF PROPERTY USED BY J'J FOR EMERGENCY VEHICLES EXHIBIT -G- EXHIBIT liB" GRANT OF EASEMENT BY J & J VENTURES OF FLORIDA TO THE CITY OF BOYNTON BEACH THIS GRANT 'OF EASEMENT executed and delivered this day of May, 1990 by J & J Ventures of Florida, a Florida general partnership [JJ or GRANTOR] to the City of Boynton Beach, a municipal corporation, located in Palm Beach County, Florida [BOYNTON or GRANTEE]. WHEREAS, JJ owns a parcel of real property in fee simple and more particularly described on Exhibit A attached hereto; and WHEREAS, simple and more hereto. BOYNTON owns a parcel of real property in fee particularly described on Exhibit B attached NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by JJ as received, JJ has granted, bargained, conveyed and sold to BOYNTON, its hei rs, successors and ass ignees forever and the publ ic in general the following described easement: A perpetual non-exclusive easement to use the real property of JJ as described on Exhibit A for vehicular and pedestrian ingress and egress and for all related uses, purposes and services to all of the property of BOYNTON which is described on Exhibit B. The grant of easement contained in this conveyance shall run with the land and shall be binding upon and inure to the benefit of the pa rties hereto, t hei r gran tees, hei rs, successors, assignees and nominees. JJ, at its expense, shall maintain the easement in a good state of repair. IN WITNESS WHEREOF, JJ has set its hand and seal the day and year first written above. J & J VENTURES OF FLORIDA, a Florida General partnership By: Its: STATE OF COUNTY OF acknowledged before by of J & J Ventures, said partnership. me , the Florida general partnership, on behalf of The foregoing day of instrument was , 1990, this a Notary Public My commission expires: 5643P/l 05/07/90 /No. 2 I J I I I I (<: '41 I 5643P!2 05!07/90/No.2 I I LJ "Iv; II .' EXHIBIT A LEGAL DESCRIPTION OF JJ PARCEL EXHIBIT A GRANT OF LICENSE BY CITY OF BOYNTON BEACH TO J & J VENTURES OF FLORIDA THIS GRANT of a license executed and day of May, 1990 by the City of Boynton corporation, located in Palm Beach County, GRANTOR] to J & J Ventures of Florida, partnership [JJ or GRANTEE]. WHEREAS, BOYNTON either owns a parcel of real property in fee simple or has an interest in a parcel of real property which is described on Exhibit A attached hereto; and delivered this Beach, a municipal Florida [BOYNTON or a Florida general WHEREAS, JJ owns a parcel of real property in fee simple and more particularly described on Exhibit B attached hereto. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by BOYNTON, BOYNTON has granted, bargained, conveyed and sold to JJ, its grantees, heirs, successors, assignees and nominees forever, a perpetual non-exclusive license to use the real property described on Exhibit A for the following uses: Parking the vehicles and boats of JJ and the vehicles and boats of the guests, licensees and invitees of JJ. property repair. JJ at its own expense shall maintain the license and the upon which the license is located in a good state of BOYNTON presently has various utility pipes buried in the property described on Exhibit A. In the event BOYNTON is required to repair or maintain the utility pipes and as a result of the repair or maintenance, BOYNTON removes material and improvements located above the pipes, JJ will replace six inches (6-) of base soil and repave the surface area. JJ at its expense may construct a parking lot on a portion of the real property described on Exhibit A. The parking lot will be constructed in accordance with the site plan of the real property approved by the City Commission of the City of Boynton Beach and as modified by the staff of the City of Boynton Beach. The grant of the license shall be binding on and inure to the benefit of the parties hereto, their grantees, heirs, successors, assignees and nominees. IN WITNESS WHEREOF, the parties hereto have set thei r hands and seals the day and year first written above. Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH, a Municipal Corporation By: Its: 5647P/l J & J VENTURES OF FLORIDA, a Florida General Partnership By: Its: STATE OF COUNTY OF acknowledged before me by of the City of Boynton of said corporation. , the Beach, a Municipal corporation, on behalf The foregoing day of instrument was , 1990, this Notary Public My commission expires: STATE OF COUNTY OF The foregoing day of instrument was , 1990, acknowledged before by of J & J Ventures, said partnership. me this , the Florida general partnership, on behalf of a Notary Public My commission expires: 5647P/2 05/07/90No.l 5647P/3 ()!:) /()7 /QOl\ln 1 LEGAL DESCRIPTION OF BOYNTON PARCEL EXHIBIT A EXHIBIT A EXHIBIT "C" GRANT OF LICENSE BY CITY OF BOYNTON BEACH TO J & J VENTURES OF FLORIDA THIS GRANT of License executed and day of May, 1990, by the City of Boynton corporation, located in Palm Beach County, GRANTOR) to J & J Ventures of Florida, partnership [JJ or GRANTEE). delivered this Beach, a municipal Flor ida [BOYNTON or a Florida general WHEREAS, simple and more hereto; and BOYNTON owns a parcel of real property in fee particularly described on Exhibit A attached WHEREAS, JJ owns a parcel of real property in fee simple and more particularly described on Exhibit B attached hereto; NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by BOYNTON, BOYNTON has granted, bargained, conveyed and sold to JJ, its grantees, heirs, successors, assignees and nominees forever, a 1 icense to use the following described real property located in Palm Beach County, Florida and for the following described uses: A perpetual non-exclusive license to use the real property described on Exhibit A for the following uses: 1. Ingress and egress for vehicular and pedestrian traffic to all of the real property of JJ which is adjacent to the property of BOYNTON described on Exhibit A. 2. Install such utilities either above or below the ground which JJ in its sole discretion shall deem appropriate provided, however, the installation of the utilities is in compl iance wi th the site plan of the rea 1 property as approved by the Ci ty Commiss ion of the City of Boynton Beach and as modified by the staff of the City of Boynton Beach. 3 . In s tall s u c h s t r e e t 1 i g h tin gas J J in its sole discretion shall deem appropriate provided, however, the installation of the utilities is in compliance with the site plan of the real property as approved by the Ci ty Commission of the City of Boynton Beach and as modified by the staff of the City of Boynton Beach. 4. Make such other improvements to the real property described on Exhibit A as JJ in its sole discretion shall deem appropriate provided, however, the installation of the utilities is in compli,ance with the site plan of the real prope rty as approved by the Ci ty Commission of the City of Boynton Beach and as modified by the staff of the City of Boynton Beach. JJ at its expense shall ~~",2 i..he real property described on Exhibit A; pa in t automobile parking stripes on the real property; install wheel stops on the real property. 5644P/l 05/07/90/No.3 JJ shall not have any responsibility to maintain the real property upon which the license is located or the license itself. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH, a Municipal Corporation By: Its: STATE OF COUNTY OF , the Beach, a Municipal corporation, on behalf acknowledged before me by of the City of Boynton of said corporation. The foregoing day of instrument was , 1990, this Notary Public My commission expires: 5644P/2 o 5 /0 7 /9 0 /N 0 . 3 5644P/3 05/07/90/No.3 LEGAL DESCRIPTION OF BOYNTON PAR~EL EXHIBIT A EXHIBIT A 5644P/4 05/07/90/No.3 LEGAL DESCRIPTION OF JJ PARCEL EXHIBIT B EXHIBIT B EXHIBIT "Oil LEASE AGREEMENT BETWEEN WENDALL T. HALL AND JANET HALL, HIS WIFE, LESSOR TO J & J VENTURES OF FLORIDA THIS LEASE made on the day of May, 1990 between Wendall T. Hall and Janet Hall, his wife [LESSOR) which expression shall include the heirs, executors, administrators and assignees of thp. named LESSOR when the context so admits and J & J Ventures of Florida, a Florida general partnership [LESSER], which ex pre s s i on s hall in c Iud e the he i r s , e x e cut 0 r s, ad m i n i s t rat 0 r s an d assignees, succes~ors and nominees of the named LESSEE when the con text so admi ts. This Lease evidences the gran ts, covenan ts, and agreements hetween the parties with reference to the real property described on Exhibit A attached hereto and referred to in this Lease Agreement as Premises. 1. Demised Premises. Being the owner in the Premises, LESSOR does hereby demise and lease LESSEE for a term of Ten (10) years from and after May fee simple of the same to , 1990. 2. Covenants and Agreements of LESSOR: a. In connection with the above demised, LESSOR covenants with LESSEE that, conditioned on LESSEE's performance and observance of LESSEE's covenants herein, LESSEE shall have the quiet title and peaceful possession of the Premises during the term of the Lease. b. LESSOR gran ts to LESSEE, subject to the conditions set forth herein, the right and option to renew this Lease for a period of () years beginning on , 2000 and expiring on , at the same annual rent as set forth in this Lease and otherwise subject to and on all of the terms and conditions contained in this Lease. This option must be exercised by giving to LESSOR on or before , 2000, a written notice of the exercise of such option by LESSEE, but LESSEE shall in no event be entitled to renew the term of this Lease, even though such notice be timely given, unless LESSEE shall have timely performed all of its obligations under this Lease and shall not be in default in the performance of any of such obligations, on the date of the expiration of the initial term of this Lease. 3. Covenants and Agreements of LESSEE: a. Rents. LESSEE will pay to LESSOR at , or such other place as LESSOR may from time to time designate in writing, in annual installments in advance from the beginning of the term, as rent, Ten Dollars ($10.00) per year during the term of this Lease. The total rent for the entire Lease is One Hundred Dollars ($100.00) and said rent shall be paid annually in the amount of Ten Dollars ($10.00) per year on the day of , 1990 and each and every year thereafter until the expiration of the Term. b. J,'C:t1.e::;. Li:SSEE wi 11, as the taxes become due and payable, pay the portion of the taxes on the Premises for the year 1990 for which the LESSEE occupied the Premises. Thereafter during the term of this Lease, LESSEE shall pay all taxes, assessments, or other public charges levied or assessed on this Lease, the rents herein reserved, and the Premises or any improvements located on the Premises. LESSEE will at all times indemnify LESSOR against any loss or liability in 5648p/l 05/07/90 /No. ] U ~?I t 'f:-_> 'd CJ J ~= " : tJ 1:.1 1-' IvI 5643P/3 05/07/90 /No. 2 LEGAL DESCRIPTION OF BOYNTON PARCEL r.' I I EXHIBIT B ~;XHIBJT B EXHIBIT liE" connection with the amount of such taxes, assessments, or charges and in connection with the payment of any claims or demands becoming chargeable against or payable in respect of the Premises or the use and occupancy of the Premises. No I iabi I i ty for the paymen t of taxes, assessmen ts or other charges imposed by state or federal law, or the laws of any foreign country, on the income of LESSOR or on the passing of any interest in the leased Premises, generally kno\om as income, or inheritance, legacy, succession, or estate taxes, :is assumed by LESSEE under this provision, these being the liabilities of the LESSOR. Lessee may, at its own expense, contest any liens, claims, or charges of any kind in respect to the Premises which may be thought by LESSEE to be unlawful or excessive after first furnishing to LESSOR reasonable security for the payment of all liability, costs, and expenses at the end of the litigation if LESSOR requires such security. c. Restrictions on Use. During the term of this Lease, LESSEE will conform to and observe all ordinances, rules, and regulations of the City and State and of all pUblic authorities, boards or officers relating to the Premises or any improvements on the Premises. d. Construction of Improvements. LESSEE will, at its expense, construct a parking lot and such other improvements on the Premises as may be des ignated on the site plan approved by the City of Boynton Beach and as modified by the staff of the City of Boynton Beach for a parcel of real property located in the City of Boynton Beach and which includes the Premises. e. Insurance. LESSEE will, during the term of the Lease, keep in full force and effect, bodi ly in jury and property damage comprehensive public liability insurance with respect to the Premises. The pOlicy shall name LESSOR and LESSEE as insured and shall contain a clause that the insurer will not cancel or change the insurance without first giving the LESSOR Thirty (30) days prior written notice. f . Ass ignmen t of Lease. this Lease in whole or in part whole or in part at any time conditions as LESSEE in his sole LESSEE may ei the r ass i gn or sublet this Lease in and upon such terms and discretion may determine. g. Indemnity Against Cost of Litigation. LESSEE will pay to, and indemnify LESSOR against liability for, the payment of all legal costs and charges, inclusive of attorneys' fees lawfully and legally incurred or expended by LESSOR in or about the defense of any suit in discharging the Premises or any part of the Premises from any liens, judgments or encumbrances created by LESSEE on or against the Premises or against LESSEE's leasehold estate or any bUl,;ll l,;USCS dCld charges incurred on account of proceedings in obtaining possession of the Premises after the termination of the term of the Lease by forfeiture or otherwise. h. LESSOH May Cure Certain Defects of LESSEE. In case of any defau 1 t on the part of LESSEE in paymen t of any amount or amounts herein required to be paid by the Lease other than amounts payable as rent, or in case of 5648P/2 05/07/90 /No.1 ;m y de fa u 1 tin the p roc u r r in 9 0 fin sur an c e ash ere in provided, LESSOR may make any payment or payments proper or necessary to procure such insurance or to cure any default which may be relieved against by the payment of money, and LESSEE will thereupon on demand reimburse and pay to LESSOR the amounts so paid or expended with interest at the rate of Eighteen percent (18%) per annum from the date of any payment made. A like rate of interest shall be payable on all arrearages of rent herein provided to be paid. There is reserved to LESSOR the right at all reasonable times to enter on the Premises for the purpose of inspection of any improvements and such other purposes as may be necessary or proper for the reasonable protection of LESSOR's interest in the premises. 4. Mutual Covenants. a. Waiver. No waiver of any breach of any covenant, condition, or stipulation under this Lease shalJ be taken to be a waiver of any succeeding breach of the same covenant, condition or stipulation. b. Notices. All notices shall be in writing and shall be served by certified or registered mail, postage pre-paid, and addressed as follows: (1) LESSOR: ( 2 ) LESSEE: c. Conditions of Grant. This Lease is made on the condition that LESSEE shall perform all of the covenants and agreements herein set forth to be performed by LESSEE. If at any time there is a default on the part of LESSEE in the payment of rent, taxes, assessments or other charges of payments to be made by LESSEE, or any part thereof, and if such default continues for a period of ( ) day s 0 r i f the rei sad e fa u 1 t on the part of LESSEEln the performance or observation of any other remaining covenants or agreements of this Lease to be observed and performed by the Lease, and such default continues for a period of () days after written notice of such default being given by LESSOR to LESSFE, LESSOR at any time thereafter shall without demand or notice which are hereby waived have full rig h tat the ire 1 e c t i on on () days notice to enter on the Premises and take immediate possession of the Premises and bring suit for and collect all rents, taxes, assessmen ts, paymen ts or other cha rges which shall have accrued up to the time of such entry. Thereupon, from the time of such entry, this Lease and all rights herein 9Ld/lted sbdll become void for all intents and purposes whatsoever, and all improvements made on the Premises shall be forfeited to LESSOR without compensation thereon to LESSEE. 5648P/3 05/07/90 /No. 1 EXECUTED in duplicate at the City of Boynton Beach on the day first written above. Signed, sealed and delivered in the presence of: WENDALL T. HALL JANET HALL J & J VENTURES OF FLORIDA, a Florida General partnership By: STATE OF COUNTY OF this The foregoing day of instrument was acknowledged before me , 1990, by WENDALL T. HALL. Notary public My commission expires: STATE OF COUNTY OF The foregoing day of instrument was acknowledged before me , 1990, by JANET HALL. this Notary Public My commission expires: STATE OF COUNTY OF acknowledged before me by of J & J Ventures, a said partnership. , the Florida general partnership, on behalf of The foregoing day of instrument was , 1.~9U, this Notary PubllC My commission expires: 5648P/4 05/07/90 /No. 1 5648P/S 05/07/90 INO. 1 GRM'TS, COVENANTS AND AGREEMENTS DET"I'lEEN LESSOR AND t,ESSEE EXHIBIT A EXHIBIT A 1.1 ~ I I I , " It' I. U CJ ~c, Iv'. 56481>/5 o 5 /0 7,190 INo . 1 GRAMTS, COVENANTS AND AGREEMENTS DBT'"t'lEEN LESSOR AND I,ESSEE , . , ,I, L EXHIBIT A EXHIBIT A CITY of BOYNTON BEACH ~ \iI; 100 E. Boynton Beach Blvd. P.O, Box 310 Boynton Beach, Florida 33435.0310 (4071734.8111 OFFICE OF THE PLANNING DIRECTOR September 11, 1990 Siteworks Architects & Planners, Inc. Attn: Mr. Craig R. Livingston, AlA 118 S. E. 14th Street Boynton Beach, FI 33435 RE: Lighthouse Square Marina - Height Exception - File No. 529 Dear Mr. Livingston: Please be advised that on Tuesday, August 21, 1990, the City Commission approved the above referenced height exception as submitted. Should you have any questions, do not hesitate to call me. Very truly yours, CITY OF BOYNTO~~BEACH J~ f. ),:>,JI,I:<< fAMES J. GOLDEN Interim Planning Director JJG:frb C:LHseSqM cc: Technical Review Board siteworks architects & planners, me. July 27, 1990 Mr. James Golden Planning Department City of Boynton Beach 100 Seacrest Blvd. Boynton Beach, Florida 33435 Re: Lighthouse Square Marina Dear Mr. Golden; In researching the historical data for the design of the light- house for the above referenced project, we have discovered that almost 95% of all lighthouses along the east coast of the United States and the Gulf of Mexico are significantly higher than the 45' height allowed in the City of Boynton Beach. The lighthouse serves as a beacon to not only mariners but in our case will signify the center of our marina area and Central Business District. with this in mind, we respectfully request a height exemption be granted to construct the lighthouse to a height not to exceed 65'. In reviewing the City Ordinances, specifically Appendix A-Zoning Section 4 F. Height Limitations and Exceptions, we request herewith that you place this application before the City Commission to consider our exception. The Code under Subsection 2 indicates that" Water, cooling and fire towers, radio and television towers of commercial nature, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, and similar structures, and their necessary mechanical appurtances may be erected within a structure or on top of the structure, above the district height limitations provided herein, after obtaining approval of the city council based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below." "'.. ,~~~ ,\C~~ ~1tJ \~~~ ,~\ j\)\.. x..~\. ,,'~ \) , ",,:V \,\.JS~\~\\ 11..:": >lHailed.')! -4th ~tn_'(Jt l)(l~nltlln l'carll, tI\ 'nt/a 33435 ,10- -'-;-"<)1'0(' July 27, 1990 It is our opinion that a lighthouse would qualify as a similar structure as mentioned in the above reference thereby justifying this request. We further find that: A. This height exception will not have an adverse effect on existing and proposed land uses. B. This height exception is necessary in order to function as a beacon and identifying element for the CBD. C. The height exception will not reduce light and air in adjacent areas. D. The height exception will not be a deterrent to the improvement or development of adjacent areas, in fact we feel this will bring attention to the Central Business District and will stimulate development. E. The height exception will not adversely affect property values in adjacent areas, it will increase the value as the area develops. F. The height exception will not affect living conditions in adjacent areas as it is not significantly near any residential areas, and will improve the visual area it is in. G. This height exception will not grant a special privilege to the owner and as a result of the Central Business District redeveloping, the public welfare will be greatly benefitted. H. We list in geographical order our findings of similar structures along the coast of the United States to support this height exception. If we can provide any additional information as part of this request, please contact me at your convenience. ston, AIA