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