REVIEW COMMENTS
PRUJEC'l' 'l'I'l'LE:
DESCRIP'l'IOVV
'l'YPE:
DATE REC'O:
'l'AACKING LOll - Sol'I'E PLAN REV1EW SUfSMl'!',!,AL
,3c\JIVf6,.J ft!f:.~1i/K; ee,JtJ FILE NO.: 17~
S'JJoffl Ne" Cc.A.IT!tt. '-oed It..D ~:U ".,~ A/.W. CoJt.~ 11 /.. rXlJ l1uylVllw /(0/.1 aN(,.e.us~,
NEW SITE PLAN MAJOR SITE PLAN MODIFICA'l'ION
AMOUNT: . /S'O"O. ()'O RECEIPT NO.: OCo~)..o
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TWELVE (12) SETS SUBMITTED:
COLORED ELEVATIONS REC'D:
v
No
(Plans shall be pre-assembled. The Planning & zoning Dept. will number each
sheet of their set. The planning Dept. set will be used to check the
remaining sets to ensure the number and type of sheets match.)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
APPLICATION & SUBMITTAL: ACCEPTED
DATE: )lDU. 17, /997
DATE:
----BEN I ED
AJ}l
DATE OF LET/fER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES:
~
2nd SUBMIT'l'AL
DATE:
.-hACCEPTED
jtJ:4
DATE:
,MDi.I. /9 /1'13
/
~DENIED
A~
DATE OF SUBMITTAL ACCEPTANCE LETTER:
REVIEWER I S NAME: 6:>ny ~
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(Label TRC Departments on each set of plans)
DATE AND MEMO NUMBER OF MEMO SENT TO TRC TO PERFORM INITIAL REVIEW.
DATE SENT: tV~(J. I Z /79j> RETURN DATE: .l>t3.C. "3 /?'l3 MEMO NUMBER: :73 -;? 78
, /
1st REVIEW COMMENTS RECEIVED
util,
P.W.
Parks
Fire
Police
PLANS
NO
NO
1'6S
Y6>
Alo
MEMO # I~A. E I "c"
q3 - ~O// ~ ~ V
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NO ~~~,t4'Iiw'~..11/JJI..:!L..1 V
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qJ - /8'9 / 1#?/'fJ I ~
PLANS
Planhinl} ND
Building N<J
Engineer ')-#0
Engineer/
Forester 1110
MEMO # J DATE / . B.9"
q? - -;...il to> / '1 ~ . /} / -'L':.___
i3- :23<, / / ~
9~-~~/ I. 'dl 9J /L-
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93 - ~,gJ / 1{/.J.1e;~ /~_
TYPE OF VARIANCE(S)
DATE OF MEETING:
DATE OF LETTER SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS:
(Aesthetic Review App., dates of board mtgs. & checklist sent out w/ comments
NINETY DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID:
DATE 12 COMPLETE SETS OF AMENDED PLANS SUBMITTED FOR 2nd REVIEW:
(Must be assembled. Reviewer shall accept amended plans & support documents)
COLORED ELEVATIONS REC I D:
MEMO SENT TO TRC TO PERFORM 2nd REVIEW.
DATE SENT: MEMO #:
RETURN DATE:
f:~1r f /1<11 qJ ~.J(m
{I'll ,'"';J.... r- 11 ,..,..r:!'~' 1
C.l# ~o> rJY
MEMO # / DATE ./ ,:-,
q3"-a.~-b ; (d-./~elq3-~-' (.2- .
'1.5'-- 3'lcJ.- / (.;./J.7/g / ~
AI"' A)Uft't&..... ~ 1.:v3t>j'i1 ~ --,c:::-'---
2nd REVIEW RECOMMENDATION/DENIAL
P~ANS MEMO # I DATE /"R/D"
Util. 2:S- ~3-56i / /;z/d=Jf:tJ/..{J
P . W . f~;:;. ;'j .- ;;. 9 ~ / /;;..z . '/ ,e
Parks l.Gr AJD /V'Jn'I!J:f, / I~~ 3.: $'3 / /Z
Fire res q3- .,<, 7~ / (&1 4? / .~
Pol ice 16:$ Aio )/<J""/!;~~ / l-x ~ ,?, / re
(Y.6J JAN' <f) 17'7<1 wi. ~"""REYI61.Jt..!>""rl\~~
LETTER TO APPLICANT REGARDING TRC APPROVAL/DENIAL AND LAND DEVELOPMENT SIGNS
PLACED AT THE PROPERTY DATE SENT/SIGNS INSTALLED:
PLANS
Planning .
Building r6.~
Engineer '7Y6S
Engineer ~
Forester .j,:::s
SCHEDULE OF BOARD MEETINGS: PAD
CC/CRA
DATE APPROVAL LETTER SENT:
A:TRACKING.SP
f~~=rA
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-298
TO: Robert Eichorst, Public Works Director
James White: P.E. City Englneer
Al Newbold, Deputy BUilding Official
Bill Cavanaugh. Flre Prevention Offlcer
Clyde ISklP" Milor, utilities Dept. Chief Field Insp.
Sgt. Mike Kirrman, Police Department
J0hn Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
~
FROH: Tambri J. HeYden~Acting PlannIng & Zoning Director
DATE: November 17, 1993
RE: SITE PLAN REVIEW PROCEDURES
1st: Revlew -
Project
Locat:.on
New Site Plan
Boynton Festive Center
N. W. corner of Congress Ave. & Old Boyn~on
Road
Douglas McMillen - Agent % McMillen Development
corp.
792
Applican-c -
File No.
Flnd a-ctached for your reVlew the plans and exhibits for the above
referenced proJec-c. Site Plan ReVlew approval for this proJec~
w:.ll 1::e granted by the City Commission/Community Hedevelopmen-c
Agency. To ensure that the project stays on line with the review
time frame, I request that the plans and exhibits be reviewed and
formal written comments transmitted to the Director of the Planning'
and Zoning Department no later than 5:00 P.M. on December 3, 1993.
Do not return plans and exhibits. Retain same for the reVlew of
the amended plans (2nd review).
Adhering "cc the fOllm'ling review gUidelines will promot:e ~
comprehensive reVlew and enable the applicant to efficiently obtain
Technical ReVIew CommIttee approval:
1
... .
Use the review standards specified in Part III, ~aEd
Development Regulat~ons, Chapter 4, Site plan ReVlew. Sectlon
8 cf the Code of ordinances to review and formulate comments.
The documents submltted for the project were determIned ~o be
su1::stantially ccmple"Ce based on the submlttal l-equll-emenL=:
identIfIed in SectIon 7 of the Site Plan Review CrdIllaDce.
However. II the data prOVided to meet the submI~~31
requlremeEts is InsuffiCIent to properly evaluate and pra~e~s
t~e proJect based on the review standards or th~ ~ocument2
~ijc.,W c,.:>:1.'? deficier.::le::,~ additioIlal data a11d/ol- cc~"rt~\~-:':":~l.."
si:ould be requested :':y the reviewer through tne Plar:;;._L:r 3.~"c.:
ZGl~lng ~e~ar~~en~.
'I
~ fJJie City of
tBoynton tBeacli
100 T.. 'Boynton 'BuuJi. 'Boukvara
P.O. 'Bo~310
'Boynton 'Buu:/i., ~t:oritla 33425-0310
City 1fa[[: (407) 375-6000
~.5U: (407) 375-6090
November 19, 1993
Douglas McMillen % McMillen Development Corp.
201 University Drive, Suite 705
Coral Springs, Fl. 33071
RE: Acceptance - Site Plan Review Application & Submittal Documents
New Site Plan - Boynton Festive Center
File No. 792
Dear Mr. McMillen:
On November 17, 1993, your submittal for Site Plan Review of the
above referenced project was reviewed for completeness. It has been
determined that the submittal is substantially complete and accepted
for further processing. A Planning & Zoning Dept. staff member will
be responsible for the review and coordination of your site plan
through the remainder of the Site Plan Review process.
The next step in the review process is for the Technical Review
Committee to review the submittal for compliance with the review
standards identified in Part III, Land Development Regulations,
Chapter 4, Site Plan Review, Section 8 and all applicable sections
of the Boynton Beach Code of Ordinances. The results of the review
will be available to you on December 10, 1993.
If I can be of further assistance, please do not hesitate to contact
me at (407) 375-6260.
Very truly yours,
~~
Tambri J. Heyden
Acting Planning and Zoning Director
XC: Central File
Chronological File
Project File
A:ACCEPT.SP
5fmema's gateway to tlit gulfstream
,
f)Lffl~ -
B~~'f~ ~
TEcmUCAL REVIEW COMMITTEE MEMORANDUM
TO:
Robert Eichorst, Public Works Director
Al Newbold, Deputy Building Official
William Cavanaugh, Fire Prevention Officer
Sgt. Mike Kirrman, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Clyde "Skip" Milar, Utilities Chief Field Insp.
James D. White, City Engineer
FROM:
Dorothy Moore, Zoning & Site Plan Reviewer
DATE:
November 19, 1993
RE:
Technical Review Committee Meeting
Tuesday, November 30, 1993
Please be advised that the Technical Review Comml.ttee wi.! I l;l;-c.J- c'''.
Tuesday, November 30, 1993, at 9:00 A.H. in Conterence Room "0" r~-Jr:of!-
Wing) to discuss the following:
MASTER PLAN MODIFICATION
Quail Lake West PUD - nka Quail Run Re-submissl.on
PARKING LOT VARIANCE
Boynton Festive Center - Code Section 5-142(h)(51.
The minimum distance from the street right-ot-way line at anr :TIalCT
ingress or egress driveway to any parking stall or any 1.n t- '::::-r1.)1":-:-r"'-
aisle having direct access to such driveway sha1.l be one hlll1r'l.r,?rl ! Jon,
feet.
A site plan will be available for review at the Pl.:::lJ1ning .41FJ ~'-,n''';
Department.
DISCUSSION
1. Review of the following site plans tor lnter-r:Ji~:)~rtT,en...-
conflicts:
a) New Site Plan -
Project:
Applicant:
1520 Neptune Drive
C&M Builders, Inc.
b) New Sl.te Plan -
Project:
Applicant:
club 55 Condominiums
club 25
TRC MEETING
P l\GE 2
2. Boynton Beach Boulevard: Bridge over the Intracoastal Waterway
(see attached Department of Army Permit Request) .
DQy~ ~~ )
Zoning & Site Plan Reviewer
DM/jm
Att.
cc: MEMO ONLY
J. Scott Miller, City Manager
city commission (5)
Don Jaeger, Building Official
Ed Allen, Fire chief
Charles Frederick, Recreation & Parks Director
Thomas Dettman, Police Chief
John Guidry, Utilities Director
Pete Mazzella, Assistant to Utilities Director
Steve Campbell, Fire Department
Bob Gibson, Public works
Central File
Tambri Heyden, Acting Planning & Zoning Director
Mike Haag, Zoning and Site Development Administrator
Mike Rumpf, Senior Planner
Project File
Chronological File
A:TRCTUES.JM
f 1lDJ&"-r ft ~
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 93-327
TO:
Robert Eichorst, Public Works Director
Jim White, P.E. city Engineer
Al Newbold, Deputy Building Official
Bill Cavanaugh, Fire Prevention Officer
Clyde "Skip" Milor, Utility Dept. Chief Field Insp.
Sgt. Mike Kirrman, police Department
John Wildner, Parks Superintendent
Kevin Hallahan, ForesteriEnvironmentalist
vince Finizio, Deputy City Engineer
DATE:
December 17, 1993
l.~~
~t.~DV-
Director t7
FROM:
Tambri J. Heyden, Acting Planning & zoning
RE: Site Plan Review - 2nd Review
Project Boynton Festive Center
Location N. W. corner of Congress Ave. & old Boynton Road
Applicant - Douglas McMillen
File No. 792
Attached is the amended site plan submittal for the above referenced
development for your final review and recommendation.
We would ask that you review this amended site plan documents to determine if
the plans have been adjusted to satisfy comments made previously by your
department.
If the comments have been satisfied or if your comments can be met at time of
building permit, please advise the planning and zoning Department in writing.
If your comments have not been met or must be met by correcting the site plan
again, please advise the Planning and Zoning Department in writing.
Finally we would ask that you recommend to us if the plan should be forwarded
to the Planning and Development Board/Community Redevelopment Advisory Board
for review or held for further revisions by the applicant. All correspondence
shall be received by the Planning and zoning Department per the following:
please return your memo and the amended plans to the Planning and Zoning
Department by 5:00 P.M. on December 28, 1993.
If you should have any questions regarding this plan, please feel free to
call Michael E. Haag at 6260 who is coordinating the review of this
development.
XC: (Memo only)
Don Jaeger
Ed Allen
Charlie Frederick
Tom Dettman
John Guidry
Project File (original)
Numbered File
A: 2REVIEW. SP
.~-.,,,....,..- .-~
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-390
.,,9
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TO:
Tambri Heyden
Acting Planning & Zoning Director
Office of the City Engineer1?~z)
James D. White, P.E. ~
December 21, 1993
FROM:
DATE:
RE:
Technical Review Committee Comments
Boynton Festive Center
Planning Department File No. 792
The Engineering Department for the City of Boynton Beach, Florida
has reviewed the above referenced plan, as well as the accompanying
letters from both the Developer and the Architect of Record.
l. Mr. C. Michael Oliver, ASLA, ASCE, Landscape Architect
response to staff comments dated 12/13/93, specifically
comment #6 entitled "Engineering" (last page of response
letter) is unacceptable.
An approved landscape plan is required pursuant to Chapter 19
and therefore conflicts between landscaping and regulatory
signage, ie., stop signs, directional signs, etc. must be
resolved at the plan stage and not, as Mr. Oliver states
"adjusted out of the conflict areas in the field". The
Architect shall coordinate the resolution of these conflicts
wi th the Engineer of Record and revise plans to negate
conflicts between landscaping and regulatory signage.
2. The fire lane markings, specifically the words "Fire Lane" are
incorrectly placed on plans and should be depicted at right
angles to the face of the proposed structure (Chapter 5,
Article X, Standards and Specifications for Fire Lanes).
3. In response to the Engineering Department's requirement to
install adequate street lighting along Old Boynton Road, at
the site's southernmost property line, Mr. Douglas McMillen,
of McMillen Development, Inc. (Developer) in his 12/16/93
response to Technical Review Committee comments, states wi thin
page #2, last paragraph, that: "At this point in time we are
not willing to comply with this comment. This site is not
required to plat and is not seeking a waiver of plat. The
requirement for street lights comes out of Appendix C.,
Subdivision and Platting Regulations, whic .
to this development." Ii)
Ul] DEe 2 , 1m
Engineering Department Memo No. 93-390
TRC Comments/Boynton Festive Center
December 21, 1993
Page #2
The Engineering Department shall not waive the requirement to
install street lighting along Old Boynton Road (reference Motorola
installation of lights along Congress Avenue, Catalina Center
installation of lights along Congress Avenue, etc.).
According to Tax Maps which indicates that the subject lands have
been subdivided numerous times without benefit of City approval, in
fact would require the Developer to seek a waiver of Platting
(infrastructure currently exists) in order to further subdivide or
consolidate multiple lots. The Developer is herein provided a
choice to provide the required street lights or enter the Waiver of
Plat process, at which time we will compel the Developer to provide
FPL street lights, in any event.
Note:
F lor ida Power & Light does not charge Developers for
installing FPL street lights on public rights-of-ways.
The Developer is protesting compliance with City
Commission Ordinance requiring a fee be submitted (none
reimbursable) to the City in an amount equal to 125% of
the "Engineers Opinion of Cost", reference the value of
these street lights. The fee, at issue, equates to
monies owed to the City of Boynton Beach in the amount of
$6,000.00 (approximate).
100' THROAT VARIANCE REOUEST
1. As this is a vacant tract of land I see no reason why the 100'
throat requirement cannot be met and object to the site plan
moving forward prior to the final disposition on the variance.
The Engineering Department will defer to the Planning
Director's determination in this regard.
2. In order to further insure the installation of street lights
along Old Boynton Road, which is currently devoid of lights,
the variance if granted, should be conditioned upon properly
illuminating Old Boynton Road with the four street lights
requested in the aforementioned staff comments.
ENGINEERING DEPARTMENT RECOMMENDATION
The Engineering Deparment, based upon the procedural conflicts
which have resulted from Christopher Cutro's request that the site
plan be forwarded to the reviewinq boards for approval prior to the
necessary variance being considered by said boards, defers
judgement as the whether or not the plans should move forward and
Engineering Department Memo No. 93-390
TRC Comments/Boynton Festive Center
December 21, 1993
Page #3
shall rely upon the Planning Director to make this call, pursuant
to Chapter 19.
VAF/ck
C:TRCFESCN.CK
xc: J. Scott Miller, City Manager
ENGINEEING DEPARTMENT MEMORANDUM NO. 93-392
TO: Tambri J. Heyden December 27, 1993
Acting Planning & zoning Director
FROM: Office of t~e City Enginee7j. fliJ
James D. Whlte, P.E. V
City Engineer
RE: Technical Review Committee Comments
Boynton Festive Center
This memo shall serve to supercede Engineering Department Memorandum
No. 93-390 dated 12/21/93.
o
Attached for your review and consideration, please find a copy of a
December 21, 1993 letter from Douglas McMillen of McMillen Development
wherein Mr. McMillan agrees to provide street lighting along Old Boynton
Road (apprx. 3 to 4 street lights) as well as pay the fee for such light-
ing in an amount equal to 125% of the value of the street lights.
o
Regarding the application for variance from the 100' throat requirement
for the ingress/egress approach, the applicant should modify this main
entrance to comply with City Codes.
o
The "Fire Lanes" do not comply with City Codes and should be modified
accordingly.
o
Conflicts between landscaping and regulatory signage shall be resolved
during the plan review stage and not "adjusted out of the conflict areas
out in the field" as stated within Architect Michael Oliver's response
letter to TRC comments. The applicant shall revise plans accordingly.
< \;--~ :TA~~ :0-
cc: J. Scott Miller, City Manager
ill
o VI rn
rn
attachment: McMillen Development, Inc. letter dated 12/21/93
JDW/VAF/vaf
~
MeMi.llenDevelopnten~Ine.
COMMERCIAL REAL ESTATE DEVELOPER
December 21, 1993
Vincent A. Finizio
Deputy City Engineer
City Of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Subject: Boynton Festive Center - Northwest Corner
of Old Boynton Road & Congress Avenue
Dear Mr. Finizio:
As we discussed on the telephone yesterday, I'm writing this
letter to follow up on your comments about the Boynton
Festive Center.
This is to confirm that we will add a note to the face of
the landscaping plan that if a conflict is discovered
between the landscaping plan and the traffic control
signage, the landscaping plan will be adjusted to remove the
conflicts.
Regarding the street lights on Old Boynton Road, we will
arrange with FPL to install between 3 and 4 lights and pay
the necessary fees to the City of Boynton Beach before we
pull a building permit for this project.
We hope these statements clarify our position on these
items.
Very truly yours,
'\4 ~'\-1.,Ot"t
Douglas McMillen
DM/lm
P.O. Box 772530. Coral Springs. Florida 33077-2530. 305/345-7000. FAX 305/345-7003
MEMORANDUM
Utilities No. 93-531
TO:
Tambri J. Heyden,
Acting Planning &
r
FROM: John A. Guidry,
Director of utilities
DATE: December 28, 1993
SUBJECT: Boynton Festive Center - 2nd Review
Staff has reviewed the above referenced project and offers the
following comments:
1. Water and sanitary sewer mains are to be a minimum of
ten (10) feet from any structure (edge of pipe to outer
edge of structure). Please revise Sheet 1 of 2,
Conceptual Engineering Plan, to eliminate this concern.
2. Large trees are not permitted in existing or proposed
utility easements. (Sec. 7.5-18.1) There would be
apparent conflicts between trees and existing utilities
along the east and south property lines, as well as
onsite proposed water mains and appurtenances.
Landscape plan revisions are necessary.
Items 1 and 2 must be satisfactorily addressed before this
project proceeds to the City Commission. All other previous
comments may be addressed at time of building permit.
If you have any questions regarding this subject, please contact
Skip Milor at 375-6407 or Peter Mazzella at 375-6404.
/bks
xc:
Clyde "Skip" Milor .
Peter Mazzella ~
File
WI rn
00
!'S3
PLANNING AND
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-004
TO:
Tambri Heyden
Acting Planning & Zoning Director
Office of the City Engin~I~~
James D. White, P.E. ~-~
January 6, 1994
FROM:
DATE:
RE:
Boynton Festive Center
Request for City Commission Approval of Excavation and
Fill Project
Attached for your review and consideration, please find a 12/29/93
letter from Douglas McMillen of McMillen Development, Inc.
requesting that the City Commission consider approving an
excavation and fill permit concurrent with the site plan approval,
subject to the developer meeting the requirements of Chapter 8,
Section 8.7(a)(1)(a thru t), City of Boynton Beach, Florida Code of
Ordinances. It is our opinion that the consideration of this
excavation and fill permit concurrent with the Commission's review
of the site plan, will shorten the permit review process time
interval(s) and will eliminate the need for the City Commission to
review this project twice.
The City Commission's approval (if granted) should be conditioned
upon the developer complying with the requirements set forth in
Chapter 8, a task which will be handled administratively by this
office.
Thank you in advance of your anticipated cooperation in this
matter.
JDW:VAF/CK
C:FESCNE&F.CK
xc: J. Scott Miller, City Manager
Douglas McMillen, McMillen Development, Inc.
attach: McMillen Development, Inc. letter dated 12/29/93
rn
-w.-s..
MfD
MeMlllenDevelopm.ent,lne.
COMMERCIAL REAL ESTATE DEVELOPER
December 29, 1993
vincent A. Finizio
Deputy City Engineer
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Subject: Boynton Festive Center - Northwest Corner
of Old Boynton Road & Congress Avenue
Dear Mr. Finizio:
We would request that the Engineering Department of the City
of Boynton Beach include in the site review of the Boynton
Festive Center approval of an excavation and fill permit
subject to us meeting the requirements of Chapter 8 between
8.7 (a) (1) (a thru t) of the City of Boynton Beach Code.
By granting this approval we will be able to shorten our
permit review time when we are ready to build.
We would appreciate any assistance you could give us in this
matter.
Very truly yours,
~ h-,~
Douglas McMillen
DM/lm
P.O. Box 772530. Coral Springs. Florida 33077-2530. 305/345-7000. FAX 305/345-7003
TO:
FROM:
DATE:
RE:
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 94-095
Robert Eichorst, Public Works Director
Al Newbold, Deputy Building Official
Bill Cavanaugh, Fire Prevention Officer
Clyde "Skip" Milor, Utility Dept. Chief Field Insp.
Sgt. Mike Kirrman, Police Department
John Wildncr, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Vince Finizio, Deputy City Engineer
~~ ~(r~/l..)
Tambri J. eyden, Acting Planning & Zoning Director
4/14/94
Site Plan Review - 1st Review of revised amended plans
Project- Boynton Festive Center
Location- northwest corner Old Boynton Road & Congress Ave.
Applicant-McMillen Development, Inc. & Cutro & Assoc.
File No. -792
Attached is the revised amended site plan submittal for the a.bove
referenced development for your final review and recommendation.
We would ask that you review the revised amended site plan document
to determine if the plans have been adjusted to satisfy CO!'iiments
made previously by your department and/or comply with City Code of
Ordinances.
If the comments have been satisfied or if your comments can be met
at the time of building permit, please advise the Planning and
Zoning Department in writing.
As this is is the first review of revised amended plans for this
project, please document all time spent on this review.
Resolution #R92-211, Exhibit "A" states that any additional staff
work over the established standards will be billed to the applicant
based on the hourly salary of employees involved plus 35% for
fringe benefits and indirect costs.
If your comments have not been met or must be met by correcting the
site plan again, please advise the Planning and Zoning Department
in writing.
Revised 4/14/94
MEMORANDUM NO. 94-095
Boynton Festive Center SP - 2nd Review
Finally, we would ask that you recommend to us if the plan should
be forwarded to the Planning and Development Board for review or
held for further revisions by the applicant. All correspondence
shall be received by the Planning and Zoning Department per the
following: Please return your memo and the amended plans to the
Planning and Zoning Department by 5:00 P.M. on Thursday, April 21,
1994.
If you should have any questions regarding this plan, please feel
free to call Michael E. Haag at 6260, who is coordinating the
review of this development.
XC: (Memo Only)
Don Jaeger
Floyd Jordan
Charlie Frederick
Tom Dettman
John Guidry
City Engineer
Project File (original)
Numbered File
/CMC
A:2REVIEW.SP
To: TRC Members
Re: Planning & Zoning Memo, ~93-298
Page Two of Two
3. Each comment shall reference the section of the cone that lS
lncorrectly depicted on the documents.
4. Technical ReVlew Commi ttee member (s) shall identify in their
comments when the plans depic~ or when the locacion and
installation of their departmental required improvements may
conflict with other departmental improvements.
5. When a TRC Member r:lnds a cocie deficiency that is oll1:side or
his/her review responsibility, the comment and the speciflc cede
section may be lncluded in their review comments with the name of
the appropriate TRC Member that is responsible for the review
specified.
6. If a TRC member finds the plans ~cceptable, he/she shall forward
a memo, within the time frame stated above, to the Plannlng and
Zoning Director stating that the plans are approved and they do
not nave any cornment3 on the plans submitted fer rev iew ar:6
recommend the project be fo~warded ~hrough the approval pr~cess.
All comments shall be typed, addressed and 1:ransmitted to the Director
of the Planning and Zoning Department for distrlbution 1:0 the
applicant. please include the name and phone number of the revi~wer
on this memo. Dotty Moore will be the Planning 3nd Zoning Departme~t
staff membe~ coordinatlng the 1st review of the project.
The Planning and Zoning Department will send the applicant a cover
letter which includes the comment(s) and directions to amend the plans
to comply with the comments and the procedures for resubmiss~on. When
the Planning and Zoning Department receives the amended plans. they
wil2- distrlbute the plans with a '::OVt~r memo to all TRC Members rc::..-
review and approval.
Attachment
xr. (Merna Only)
Don Jaeger, Building Official
Ed Allen, Fire ChLer
charlie Frederick, Recreation ~ P3rks Director
Thomas De~tman, Police Chief
John Guidry, utilities Glrector
?ro]ect File (original)
1"llum.r;ered File
A: lRE:VIEh. SP
TO:
FROM:
DATE:
RE:
&4- ~
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 94-095
Robert Eichorst, Public Works Director
Al Newbold, Deputy Building Official
Bill Cavanaugh, Fire Prevention Officer
Clyde "Skip" Milor, utility Dept. Chief Field Insp.
Sgt. Mike Kirrman, Police Department
John Wildner, Parks superill~endent
Kevin Hallahan, Forester/Environmentalist
Vince Finizio, Deputy City Engineer
~t#-"b ~(rell2..)
Tambri J. eyden, Acting Planning & Zoning Director
4/14/94
Site Plan Review - 1st Review of revised amended plans
project- Boynton Festive Center
Location- northwest corner Old Boynton Road & Congress Ave.
Applicant-McMillen Development, Inc. & Cutro & Assoc.
File No. -792
Attached is the revised amended site plan submittal for the above
referenced development for your final review and recommendation.
We would ask that you review the revised amended site plan document
to determine if the plans have been adjusted to satisfy comments
made previously by your department and/or comply with City Code of
Ordinances.
If the comments have been satisfied or if your comments can be met
a t the time of building permit, please advise the Planning and
Zoning Department in writing.
As this is is the first review of revised amended plans for this
project, please document all time spent on this review.
Resolution #R92-211, Exhibit "A" states that any additional staff
work over the established standards will be billed to the applicant
based on the hourly salary of employees involved plus 35% for
fringe benefits and indirect costs.
If your comments have not been met or must be met by correcting the
site plan again, please advise the Planning and Zoning Department
in writing.
MEMORANDUM NO. 94-095
Boynton Festive Center SP - 2nd Review
Finally, we would ask that you recommend to us if the plan should
be forwarded to the Planning and Development Board for review or
held for further revisions by the applicant. All correspondence
shall be received by the Planning and Zoning Department per the
following: Please return your memo and the amended plans to the
Planning and Zoning Department by 5:00 P.M. on Monday, April 21,
1994.
If you should have any questions regarding this plan, please feel
free to call Michael E. Haag at 6260, who is coordinating the
review of this development.
xc: (Memo Only)
Don Jaeger
Floyd Jordan
Charlie Frederick
Tom Dettman
John Guidry
City Engineer
Project File (original)
Numbered File
/CMC
A: 2REVIEW. SP
Revised 4/14/94
MEMORANDUM NO. 94-095
Boynton Festive Center SP - 2nd Review
Finally, we would ask that you recommend to us if the plan should
be forwarded to the Planning and Development Board for review or
held for further revisions by the applicant. All correspondence
shall be received by the Planning and Zoning Department per the
following: Please return your memo and the amended plans to the
Planning and Zoning Department by 5: 00 P.M. on Thursday, April 21,
1994.
If you should have any questions regarding this plan, please feel
free to call Michael E. Haag at 6260, who is coordinating the
review of this development.
XC: (Memo Only)
Don Jaeger
Floyd Jordan
Charlie Frederick
Tom Dettman
John Guidry
City Engineer
Project File (original)
Numbered File
fCMC
A: 2REVIEW . SP
f
i '1,,: 'tJ1,- /'
\t _.~_..- rJ\
_0'-
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NOo 95-659
FROM:
James Cherof
City Attorney
Tambri J. Heyden /111? p
planning and Zoning Director
Dorothy Moore ~
Plans Check Inspector
TO:
THROUGH:
DATE:
November 13, 1995
SuBJECT:
CROSS EASEMENT AGREEMENTS
Staff has required the applicant to submit, to the Planning and
Zoning Department, a copy of an approved Cross Easement Agreement
document that has been recorded in the Office of the Clerk of Palm
Beach County, prior to final inspection of Permit #95-3096. Please
review the attached for completeness and legal form, and responc as
soon as possible.
DM:TJH:arw
Attachments
xc : Memo Only:-
Central File
Douglas McMillan, President
Florida Retail Properties, Inc.
Bill Hukill, Department of Development Director
Al Newbold, Deputy Building Official
Ct..molSt.DN
)Ts - 3rJ<J6
HOV-Q1-1995 12:39pm 95-353103
ORB 8983 P9 1283
I' I 1....11111." I .1 III
CROSS EASEMENT AGREEMENT
TrtlS CROSS EASEMENT AGREEMENT ("Agreement") is made and entered into
as of the --13tJ day of Oclvbtc.,- , 1995, by and between GREAT WESTERN BANK,
a Federal Savings Bank, having an address at 9200 Oakdale Avenue, 4th Floor,
Chatsworth, California 91311, hereinafter referred to as "First Party", and FLORIDA
RETAIL PROPERTIES, INC., a Florida corporation, whose address is Post Office Box
772530, Coral Springs, Florida 33077-2530, hereinafter referred to as "Second
Party" .
R E C I TAL S:
A. First Party is the owner in fee simple of that certain parcel of real property
located in Palm Beach County, Florida, hereinafter referred to as "First Parcel", which
real property is legally described as:
A portion of Tracts 31, 32 and 33 of the subdivision of
Section 19, Township 45 South, Range 43 East, Palm
Beach County, Florida, according to the Plat thereof
recorded in Plat Book 7, Page 19 of the Public Records of
Palm Beach County, Florida, being more particularly
described as follows:
Commence at the Southeast corner of said Section 19;
thence North 00059'39" West, along the East line of said
Section 19, 1262.20 feet to a line 40.00 feet North of and
parallel with the centerline of Old Boynton Road: thence
North 89046'34" 'Nest, along said parallel line 60.01 feet;
thence North 00059'39" West, along a line 60.00 feet
West of and parallel with the East line of said Section 19,
398.10 feet to the Point of Beginning; thence continue
along said parallel line North 00059'39" West, 236.53 feet;
thence South 88005'26" West, 415.05 feet; thence South
00059'39" East, 188.00 feet; thence South 66050'59" /<1.-\'-i: -:;-,
East, 114.56 ~eet; then~e ,North 88005'26" East, 310.5}}2'>~_~~.'~/~
feet to the POint of Beginning. !'$:~,~'f:'\:~".:"':"_'~-C~~:~'Y;--:\
COMMERCIAL REAL i /. -! '.: ..:' .'" . ~? '(.., "
ESTATE INVESTORS I -; '". '. ,;-::Co. C
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noridaRetaJ.lProperties~e. /" ".-'
DOUGLAS A. MCMILLEN ~'.:
President
P.O. Box n2530 . Coral Springs. Florida 330n-2530
3051345-7000. FAX 305/345-7003
ORB 8983 P9 1284
B. Second Party is the owner in fee simple of that certain parcel of real
property located in Palm Beach County, Florida, hereinafter referred to as "Second
Parcel", which real property is legally described as:
A portion of Tracts 31, 32 and 33 of the subdivision of
Section 19, Township 45 South, Range 43 East, Palm
Beach County, Florida, according to the Plat thereof
recorded in Plat Book 7, Page 19 of the Public Records of
Palm Beach County, Florida, being more particularly
described as follows:
Commence at the Southeast corner of said Section 19;
thence North 00059'39" West, along the East line of said
Section 19, 1262.20 feet to a line 40.00 feet North of and
parallel with the centerline of Old Boynton Road; thence
North 89046'34" West, along said parallel line 60.01 feet
to the Point of Beginning; thence continue North 89046'34"
West along said parallel line, 822.51 feet; thence North
44046'34" West, 14.45 feet; thence North 00059'39"
West, 102.20 feet; thence North 16046'44.2" West,
199.61 feet; thence North 00059'39" West, 258.27 feet;
thence North 43032'54" East, 57.02 feet; thence North
88005'26" East, 431.68 feet; thence South 00059'39"
East, 188.00 feet; thence South 66050'59" East, 114.56
feet; thence North 88005'26" East, 310.50 feet to a line
60.00 feet West of and parallel with the East line of said
Section 19; thence South 00059'39" East, along said
parallel line 398.10 feet to the Point of Beginning.
C. The First Parcel and Second Parcel are contiguous and are reflected on
Exhibit A hereto; and
D. Certain improvements including an office building and related parking and
other facilities are presently located on First Parcel; and
E. Second Party or its successors will erect upon Second Parcel certain
improvements and related parking and other facilities; and
F. The parties hereto desire to create certain easements as herein provided.
NOW, THEREFORE, in consideration ofthe mutual agreements he~ei~c"ontair~~:- ,
the First Party and Second Party hereby covenant and agree as follows: <()::;;
. .. -'(" "
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2.
.'
ORB 8983 pg 1285
I. PROHIBITION OF IMPROVEMENTS ON ACCESS AREA.
First Party shall not build or maintain, or permit to be built or maintained, any
structure on the land delineated on Exhibit A hereto as the "No Build Area" of First
Parcel. Second Party shall not build or maintain, or permit to be built or maintained,
any structure on the land delineated on Exhibit A hereto as the "No Build Area" of
Second Parcel. These restrictions shall not apply to underground utilities, signs
relating to business conducted on First Parcel or on Second Parcel or traffic or
directional signs.
The owner of First Parcel shall have the right at any time and from time to time
to relocate the No-Build Area of the First Parcel provided that there shall always be a
reasonable access for pedestrian and vehicular traffic from the Second Parcel through
the First Parcel to Congress Avenue 0rl the East and to the Boynton Beach Mall
Access Road on the North.
The owner of the Second Parcel shall have the right at any time and from time
to time to relocate the No-Build Area on the Second Parcel provided that there shall
always be a reasonable access for pedestrian and vehicular traffic from the First Parcel
through the Second Parcel to the Mall Access Road to the West and to Old Boynton
Road to the South.
An owner desiring to relocate a No-Build Area must notify the other owner of
its plans for relocation in writing no later than thirty days prior to any such relocation.
Such notice shall be accompanied by a drawing of the proposed relocated No-Build
Area. Upon any such relocation, the owner making the relocation shall file an
amendment to this Agreement in the public records of Palm Beach County, Florida,
which correctly reflects the No-Build Area as relocated.
II. PARKING AND ACCESS EASEMENT TO FIRST PARTY.
The owners and tenants of the First Parcel and their business invitees, licensees
and employees, shall have the right to use, free of charge, but in common with the
owners and tenants of the Second Parcel and their business invitees, licensees, and
employees, the following:
(a) the No Build Area of the Second Parcel for the
purpose of ingress and egress between First Parcel and
Second Parcel and access for pedestrian and vehicular
traffic from the First Parcel through the Second Parcel to
the Mall Access Road to the West and to Old Boynton Road... ,,\":5i_.l~~J. }~.
to the South; and .~:~../'-~. . -,,,,!,.~
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3.
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ORB 8983 P9 1286
(b) such portion of the Second Parcel as may from time
to time be designated for customer parking by the owner or
lessee(s) of the Second Parcel. The owner or lessee(s) of
the Second Parcel may at any time and from time to time
change the parking spaces and portions of the Second
Parcel designated for customer parking so long as the total
number of parking spaces located on the Second Parcel at
all times meets the parking requirements for the
improvements located on the Second Parcel as determined
by the building and zoning (or similar) code of the applicable
governmental body having jurisdiction over the Second
Parcel.
The owner of the Second Parcel shali have the right to terminate the cross-
parking rights granted herein pursuant to Sections Il(b) and III(b) hereof if the owner
of the Second Parcel determines in its sole discretion that parking and/or traffic
problems exist which interfere with the use and enjoyment of the Second Parcel by
the owner and tenants of the Second Parcel and their business invitees, licensees and
employees as a result of the cross-parking rights provided herein. If the owner of the
Second Parcel makes such a determination, and the owner of the First Parcel fails to
resolve the problem within a reasonable period after written notice, the owner of the
Second Parcel may file a Declaration of Termination of Cross Parking Rights in the
Public Records of Palm Beach County, which specifies that the owner of the Second
Parcel has elected to terminate the cross-parking provisions contained in Sections lI(b)
and IIl(b) hereof. Upon recording such Declaration of Termination of Cross Parking
Rights the provisions of Sections lI(b) and III(b) hereof shall be void and of no further
force and effect. The ingress and egress provisions of Sections Il(a) and III(a) hereof
shall, however, remain in full force and effect. For purposes of this paragraph a
reasonable period shall be deemed to be thirty (30) days unless a resolution of the
problem reasonably requires a period in excess of thirty (30) days and the owner is
pursuing the resolution of the problem with due diligence.
III. PARKING AND ACCESS EASEMENT TO SECOND PARTY.
The owners and tenants of the Second Parcel and their business invitees,
licensees and employees, shall have the right to use, free of charge, but in common
with the owners and tenants of the First Parcel and their business invitees, licensees
and employees, the following:
(a) the No Build Area of the First Parcel for the purpose
of ingress and egress between the First Parcel and the
Second Parcel and access for pedestrian and vehicular <
traffic from the Second Parcel through the First Parcel to
4.
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~~------~-------,-,- --~----------- ---'~--'---~-_.~-
ORB 8983 P9 1287
Congress Avenue on the East and to Boynton Beach Mall
Access Road on the North; and
(b) such portion of the First Parcel as may from time to
time be designated for customer parking by the owner of
the First Parcel. The owner of the First Parcel may at any
time and from time to time change the parking spaces and
portions of the First Parcel designated for customer parking
so long as the total number of parking spaces located on
the First Parcel at all times meets the parking requirements
for the improvements located on the First Parcel as
determined by the building and zoning (or similar) code of
the applicable governmental body having jurisdiction over
the First Parcel.
In the event First Party determines in its discretion that the use of the parking
spaces located on the First Parcel by owners and tenants of the Second Parcel and
their business invitees, licensees and employees is causing parking or traffic problems
which interfere with the use and enjoyment of the First Parcel by the owner and
tenants of the First Parcel and their business invitees, licensees and employees, the
owner of the First Parcel shall give written notice (the "Notice") thereof to the owner
of the Second Parcel, which Notice shall designate fifty-seven (57) parking spaces
located on the First Parcel which are to be striped and appropriately designated as
reserved specifically for use by the owner and tenants of the First Parcel and their
business invitees, licensees, and employees. Within thirty (30) days after receipt of
the Notice, the owner of the Second Parcel shall at its sole cost and expense cause
the fifty-seven (57) designated parking spaces to be striped and appropriately
designated as reserved spaces, which shall be accomplished in a manner designated
by the owner of the First Parcel.
The owner of the First Parcel shall have the right to terminate the cross-parking
rights granted herein pursuant to Sections lI(b) and III(b) hereof upon the occurrence
of either of the following:
(a) if the owner of the Second Parcel shall fail to comply
with its obligations contained herein to stripe and
appropriately designate the fifty-seven (57) parking spaces
designated in the Notice as and when required by the terms
set forth above; or
(b) if the owner of the Second Parcel complies with .t(s'~~/--- ~-~=-~~_>,>--
obligations contained herein with respect to the fiftY-SE1\lS,n ' '<.)\
(57) parking spaces designated in the Notice, but the owner < ~"-, "~:':~\
of the First Parcel determines in its sole discretion at any:, .,<.,-.>
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ORB 8983 Ps 1288
time thereafter that parking and/or traffic problems exist
which interfere with the use and enjoyment of the First
Parcel by the Owner and tenants of the First Parcel and
their business invitees, licensees and employees even
though the fifty-seven (57) parking spaces have been
striped and designated as reserved spaces.
If either of the two circumstances set forth in (a) and (b) above occurs, the
owner of the First Parcel may file a Declaration of Termination of Cross Parking Rights
in the Public Records of Palm Beach County, which specifies that the owner of the
First Parcel has elected to terminate the cross-parking provisions contained in Section
Il(b) and III(b) hereof. Upon recording of such Declaration of Termination of Cross
Parking Rights the provisions of Sections lI(b) and III(b) hereof shall be void and of no
further force and effect. The ingress and egress provisions of Sections Il(a) and III(a)
hereof shall, however, remain in full force and effect. For purposes of this paragraph
a reasonable period shall be deemed to be thirty (30) days unless a resolution of the
problem reasonably requires a period in excess of thirty (30) days and the owner is
pursuing the resolution of the problem with due diligence.
In the event First Party gives Notice of the Termination of the Cross Parking
Rights granted to the owner of the Second Parcel prior to July 1, 2005, then the
owner of the First Parcel shall reimburse the Second Party for the cost incurred by
Second Party in constructing the original modifications to the Western Parking Area
of First Parcel as provided in Paragraph VI below in the amount of Thirty Thousand
and 00/100 ($30,000.00) Dollars. This amount shall be reduced by ten percent
(10%) on July 1, 1996 and on each anniversary thereafter (Le., the cost shall be
amortized on a straight line basis over ten years and only the unamortized portion is
subject to reimbursement). Such payment shall be due and payable within thirty days
trom receipt of a statement from the owner of Second Parcel.
IV. MAINTENANCE OF EASEMENT AREAS AND WESTERN PARKING AREA.
Unless otherwise provided in this Agreement, the owners of the First Parcel and
Second Parcel shall maintain and keep in good repair the customer parking areas and
rights-of-way situated on their respective premises and shall keep such areas and
rights-ot-way striped and clear and free of rubbish and obstructions of every nature,
and shall provide adequate drainage and lighting thereon. The No Build Area on both
premises shall meet at equal grades and no obstructions shall be erected or permitted
upon the No Build Area of either premises which will in any way interfere with ingress.
or egress between First Parcel and Second Parcel in the No Build Area or any other
rights granted by this Agreement. Second Party shall at all times cooperate with First
Party to eliminate or minimize any interference with the business operations conducted
on the First Parcel created as a result of this Cross Easement Agreement (including
"
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ORB 896j P9 1289
without limitation interference with parking or traffic caused by any new construction
hereafter contemplated for Second Parcel).
The portion of First Parcel designated as the Western Parking Area on the site
plan attached hereto as Exhibit A shall be maintained by the owner of such parcel;
provided, however, that so long as the owner(s) and tenants of the Second Parcel are
entitled to the use of the Western Parking Area, fifty percent (50%) of the cost of
filling and resurfacing potholes and the cost of re-striping this parking area will be
reimbursed to such First Parcel owner by the Second Parcel owner(s) within twenty
(20) days after receipt of an invoice therefor accompanied by appropriate
documentation indicating the cost of the work performed.
V. DRAINAGE AND FLOWAGE EASEMENTS TO SECOND PARTY.
The owners and tenants of the Second Parcel shall have the right to use free
of charge and in common with the owners and tenants of the First Parcel the
following:
A. Easements for storm water drainage and flowage over and across the
Western Parking Area of First Parcel, which easements are shown and legally
described on Exhibit B attached hereto. Such easements shall be used for the purpose
of storm water flowage and installation, operation, maintenance and use of storm
drains and in connection with the repair or replacement of such storm water drainage
system. Second Party shall repair or replace concrete and asphalt paving and other
surface materials used on drives, parking areas and walkways using to the extent
reasonably possible the same type of material originally installed so that drives,
parking areas and walkways are at all times kept at a level, smooth and substantially
uniform condition. Plans for such drainage system shall be submitted to the owner
of First Parcel and shall be approved so long as owner of First Parcel reasonably
determines that such drainage system will not create any material problems on First
Parcel. No portion of First Parcel shall be used as a retention/detention area. The
owner of Second Parcel shall be solely responsible for all costs of operating and
maintaining the drainage system, shall perform any necessary maintenance at times
and in a manner so as not to interfere with the owner of First Parcel's use of its
property and shall repair all damage occasioned by the use or maintenance of the
drainage system in a manner so as not to unreasonably interfere with the owner of
First Parcel's use of its property or the existing parking areas and access roads.
B. Second Party shall install landscaping in, as well as irrigation in and to,
the landscape islands in the parking areas of First Parcel as shown on the plan
attached hereto as Exhibit A, so as to be reasonably acceptable to First Party. Second
Party shall irrigate and maintain (including replacement) such landscaping. First Party
shall, within ten (10) days of receipt of an invoice from Second Party, pay its share
7.
ORB 8983 P9 1290
of the irrigation and landscape maintenance costs (which shall not include the cost of
the initial irrigation system or landscaping).
VI. RECONFIGURA TION OF SECOND PARTY'S PARKING LOT.
Second Party and its successors and assigns may at its sole expense
reconfigure a portion of First Parcel's parking lot (Western Parking Area) to be
substantially as reflected on the plan attached hereto as Exhibit A.
VII. RETAIL USE LIMITATION.
The First Party agrees that the 20,000 square foot retail use limitation as
described in Exhibit C attached hereto shall be allocated in full to the Second Parcel;
provided, however, such allocation shall be effective only to the extent that it does
not cause the First Parcel or any improvements thereon or their existing use to be in
violation of any applicable governmental requirements. First Party further agrees that
Second Party and Second Party's successors and assigns may seek and obtain a
change in such 20,000 square foot retail use limitation restriction to 120,000 square
feet and First Party will execute such document as is reasonably required to reflect
First Party's consent of record. In the event Second Party or its successors or assigns
is successful in obtaining an additional 100,000 square feet for retail use, then First
Party shall be entitled to 7,500 square feet. It is the understanding and belief of the
parties hereto that the operation of a state or national bank or a federal savings
institution does not constitute a retail use.
VIII. TERM.
This Agreement shall commence on the date hereof and shall terminate seventy-
five (75) years after the date hereof; provided, however, that in the event that the
owner of the Second Parcel does not complete construction of building(s) located on
the Second Parcel containing at least 20,000 square feet of commercial space within
thirty-six (36) months of August 19, 1994, the owner of the First Parcel shall have the
absolute right at any time thereafter to terminate this Agreement by executing a
Declaration of Termination of Cross Easement Agreement and recording it in the Public
Records of Palm Beach County. Upon such recordation, this Agreement shall be void
and of no further force and effect.
IX. INSURANCE.
The owner of the First Parcel and the owner of the Second Parcel shall ei!lch ___
maintain liability insurance in amounts reasonable for the operations on their rest?~cti\ie'. ..... ...
parcels covering liability arising from the ownership or operation of their res-pe6tfve -' - '\
parcels at all times (but self-insurance shall be permitted for any owner )laving a'
tangible net worth in excess of $25,000,000.). The parties hereto agree that
8.
----_.._.__._.._---~._._----_...~,--~----
-,
ORB 89bJ P9 1291
$3,000,000.00 is a reasonable amount of liability insurance to be maintained by the
owner of each of First Parcel and Second Parcel.
X. ATTORNEY'S FEES.
In connection with any litigation, including appellate proceedings, arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's
fees and costs from the non.,prevailing party.
XI. COVENANTS RUNNING WITH THE LAND.
The easements hereby granted, the restrictions and obligations of the parties
hereby imposed, and the agreements herein contained shall be easements, restrictions
and covenants running with the title to the First Parcel and the Second Parcel.
XII. MISCELLANEOUS.
A. This Agreement, together with the Exhibits attached hereto,
contain the entire agreement and understanding between the parties. There are no
oral understandings, terms or conditions and neither party has relied upon any
representation, express or implied, not contained in this Agreement or in the Exhibits
attached thereto. All prior understandings, terms or conditions are deemed to be
merged in this Agreement.
B. This Agreement may not be amended or modified, except by
agreement in writing, signed by the parties hereto or their respective successors in
interest. Any amendment or modification executed by the owners of First Parcel and
Second Parcel shall be effective without the necessity of joinder or consent of any
other parties.
C. If any term or prOVISion of this Agreement or the application
thereof to any purpose or circumstance shall to any extent be invalid or unenforceable,
the remainder of this Agreement, or if the application of such term or provision to
persons or circumstances other than those as to which it is heid invalid or
unenforceable, shall not be affected thereby and shall remain valid and enforceable.
Each term and provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
D. This Agreement and all of the covenants, terms, cvnditions,
provisions and undertakings contained herein, shall extend to, be binding upon and
inure to the benefit of the successors and assigns of the respective parties hereto,
including, without limitation, all subsequent owners of either parcel, to the same
9.
ORB 8983 P9 1294
The
OC+::bbT
INC., a
STATE OF GEORGIA
COUNTY OF
4
foregoing instrument was aCknOWledgt 'jI'fore me this ~ day of
, 1995, by /(irr- fY) I I~Lrf"'()HI~^, as v.. . Jv. of LONGHORN STEAKS,
corporation, who is person~lIy kno~n to me or who has produced
as identification.
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q,~ /lA. ~A R", _ ~;illlir'iii!';; , "
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Notary Public - }./~':1>.)l -; /;';:f;\!. \- .
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CommIssIon ExpIres: .. ;F: ~;."'-t '::: .... .(.': ; -
.~;: (~.'~:J~(f, ~ ;;!" ~ ::;;.'/; ~
NotW Pul)l/c,Fuiton.County.CWOi\i~:;~~ \: 'f ,/'!O"\Yiif"';;:
~~~~~~~~LORIDA 1Ir~-"""'--~~:i;;'m![~~~~lt,.,
ocl-c~~~or~g10~~~,in:~~: LtM:~WI~d;set~~~~~:'~:h~1.~o~~$;i!'i"
SOUTHEAST FLORIDA, INC., a Florida corporation, General Partner of HOPS OF
BOYNTON BEACH, LTD., a Florida Limited Partnership, who is personglly know~ to
me or who has produced - as i 'fication.
\
!.i-~~\ WAYNE T. PARKINSON
.": :~ MY ~ION' cc 313823
~ ~ ~: May f8. f91/8
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Of<B 8 cji to: --:.c; Ps 12c/7
PROPOSED
FLOWAGE EASEMENT
BOYNTON FESTIVE CENTER
DESCRIPTION
A portion of the Subdivision of Section 19, Township 4-5 South, Range 43
East, Palm Beach County, Florida, according to the plat thereof as recorded
in Plot Book 7, Page 19. of the Public Records of Palm Beach County, Florida,
more particularly described as follows: .
COMMENCING at the Southeast corner of said Section 19; thence NOO'S9'39"W,
along the East boundary of said Section 19, 0 distance of 1262.67 feet to a
point on a line 40.00 feet north of and parallel with the centerline of Old
Boynton Rood; thence N89'46'34"W, along said parallel line, 60.01 feet to
a point on a line 60.00 feet west of and parallel with said East boundary;
thence NOO'S9'39"W. along said parallel line. 398.10 feet; thence
S88'OS'26"W, 310.50 feet; thence N66'SO'S9"W, 7.12 feet to the POINT OF
BEGINNING; thence continue N66'SO'59"W. 107.44 feet; thence NOO'S9'39"W.
188.00 feet; thence N88'OS'26"E, 98.42 feet; thence SOO'S4'12"E, 233.52
feet to the POINT OF BEGINNING.
Said lands lying in Palm Beach County, Florida.
NOTES:
1. Reproductions at this sketch are not valid unless sealed with an
embossed surveyor's seal.
2. lands shown hereon were not abstracted by the .Surveyor for
easements, ownership, or right-at-way of record.
3. The land description shown hereon was prepared by the Surveyor
4. Bearings shown hereon are assumed with the East line of Section 19
having a bearing af NOO'59'39"W
5. Abbreviation legend: It. = centerline; P.O.C. = Point of
Commencement; P.O.8. = Point of Beginning; BDY. = Boundary; P..S.. =
Plat Book
CERllFICA TE:
I HEREBY CERl1FY thet the attached Sketch and Description of the hereon
described property is true and correct to the best of my knowledge and
belief as delineated under my direction on June 21, 1995. I FURTr-iER
CERTIFY that this Sketch and Description meets the Minimum Technical
Standards set forth by' the Florida Board of Professional Surveyors and
Mappers in Chapter 61G17-6. Florida Administrative Code, pursuant to
Section 472_027, Florida Statutes. I' ., t~ (/1 L (/ ~~ L/ I I
_'{\ l.4fJ~~_~
K,~ TI-iLEEN l. HALL. P.L.S.
FLORIDA REGISTRATION NO. 4103
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KA-rHL.eeN L.. HPi.L. L.AND 5URveYlNu, INC,
lAND 5U<VBY11'-lCil CAW SCRVla5
23257 S.R. 7, SUITE 207
BOC,j, RATON, FL.ORIDA 33-!-28
( -!-07)487-2H7
I"
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--..;
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V.>6/26/95
o : '6/21/95_
SHEC:T -OF 2
JOB. NO. 20.35
EmIT "13" - FS. 1 CF 4
ORB 89b~ Ps 1299
PROPOSED
DRAINAGE EASEMENT
BOYNTON FESTIVE CENTER
DESCRIPTION
A portion of the Subdivision of Section 19, Township 45 South, Range 43
East, Palm Beach County, Florida, according to the plat thereof as recorded
in Plat Book 7. Page 19 of the Public Records of Palm Beach County, Florida,
more particularly described os follows:
A strip of land 15.00 feet wide lying 7.50 feet on each side of the
following described cen terline:
COMMENCING at the Southeast corner of said Section 19; thence NOO'59'39"W.
along the East boundary of said Section 19, a distance of 1262.67 feet to a
point on a line 40.00 feet north of and parallel with the centerline of Old
Boyn ton Rood; thence N89'46'34"W, along said parallel line, 60.01 feet to
a point on 0 line 60.00 feet west of and parallel with said East boundary;
thence NOO'S9'39"W, along said parallel line, 398.10 feet; thence
S88'05'26"W, 310.50 feet; thence N66'50'59"W, 34.39 feet to the POINT OF
BEGINNING; thence continue N02'12'08"W, 195.68 feet to the POINT OF
TERMINA TION of said centerline.
Said lands lying in Palm Beach County. Florida.
NOTES:
1. Reproductions of this sketch are not valid unless sealed with an
embossed surveyor's seal.
2. lands shown hereon were not abstracted by the Surveyor for
easements, ownership. or right-ot-way of record.
3. The land description shown hereon was prepared by the Surveyor
4. Bearings shown hereon ore assumed with the East line of Section 19
having a bearing of NOO'59'39"W
5. Abbreviation legend: ~ = centerline; P.O.C. = Point of
Commencement; P.O..B. = Point of Beginning; BDY. = Boundary; P.8. =
Plat Book; P.O. T. = Point of Termination
CERTIFICA TE:
I HEREBY CERTIFY tliat the attached Sketch and Description of the hereon
described property is true and correct to the best of my knowledge and
belief as delineated under my direction on June 26. 1995. I FURTHER
CERTIFY that this Sketch and Description meets the Minimum Technical
Standards set forth by the Florida Board of Professional Surveyors and
Mappers in Chapter 61G17-6, Florida Administrative Code, pursuant to
Section 472.027, Florida Statutes. __Kjl@~ __Llkul ______
KA THlEEN L. HALL. P.L.S. ~\-; "':. '--.-.
FLORIDA REGISTRATION NO. 41 03 ~ ...::'};).:c'..'-'-L!:' ..
, '. '. --- .. ~,' / '\
KA1HL-~~N L-, H.AL.L- L-ANt? 5URvt::Y1Nu. INC,
L-ANt? 5I.R'v'eYlNU/ C.AVt? 5fRVlce5
23257 S.R. 7, SUITE 207
BOCA RATON. FLORIDA 33428
( 407)487-2447
",')
DATE: 6/26/95
SHEET 1 OF 2
JOB. NO. 2035
'~
EXHIBIT "B" - PG. 3 of 4
~'.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-659
FROM:
James Cherof
City Attorney
Tambri J. Heyden ;t1K f-
Planning and Zoning Director
Dorothy Moore ~
Plans Check Inspector
TO:
THROUGH:
DATE:
November 13, 1995
SUBJECT:
CROSS EASEMENT AGREEMENTS
Staff has required the applicant to submit, to the Planning and
Zoning Department, a copy of an approved Cross Easement Agreement
document that has been recorded in the Office of the Clerk of Palm
Beach County, prior to final inspection of Permit #95-3096. Please
review the attached for completeness and legal form, and respond as
soon as possible.
DM:TJH:arw
Attachments
xc: Memo Only:'
Central File
Douglas McMillan, President
Florida Retail Properties, Inc.
Bill Hukill, Department of Development Director
Al Newbold, Deputy Building Official
c:a.aoti59.DN