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LEGAL APPROVAL MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA '" r SEPTEMBER 19, 1995 In response to Commissioner Jaskiewicz' question, Mr. DeSanti believes it could take from nine to eleven months before construction begins. There is a great deal of work relative to community development. Mayor Pro Tem Matson questioned whether or not there are any plans for a gas station on any of these parcels. Mr. Bryan's response was negative. Commissioner Rosen raised the question of project completion based on traffic on Lawrence Road. Mr. Knight explained that under the concurrency letter from Palm Beach County, the applicant is required to phase the development of the site with the improvements of Gateway Boulevard and Lantana Road. The applicants advised the Commission that the canal is already culverted. Vice Mayor Bradley feels the applicant has done a great job with this project. He inquired as to the type of tenants who will occupy this space. Mr. DeSanti explained that there are a number of components to the project. Retail represents 18,000 square feet of space which is approximately two or three buildings. He envisions a book store, optical shop, ete. When this returns to the Commission at the next phase, more detailed guidelines will have been worked out. Mr. DeSanti added that from the right-of-way, each building is more than 130' back off the edge of right-of-way. Mr. Knight clarified that there was a reference to a landscape appeal mentioned in the back-up material. That appeal was withdrawn. Vice Mayor Bradley feels this project will draw the residents of this City. He is anxious to see more of these types of developments in the future. Motion Commissioner Jaskiewicz moved to approve the subdivision of a commercially-zoned parcel into six lots for future development of Grove Plaza subject to staff recommendations. Vice Mayor Bradley seconded the motion which carried 5-0. E. Project Name: Agent: Owner: Location: Boynton Festive Center Jill Jarkesy Douglas McMillen Northwest corner of Congress Avenue and Old Boynton Road COMMUNITY DESIGN PLAN APPEAL: Request for a Community Design Plan appeal to change the colors, materials and architectural features of a previously-approved outparcel to be used for a Hops Grill and Bar Restaurant Description: JiU larkesy+agent for the_applicanL explained that, at first, the applicant agreed with the 19 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA -- . ~ SEPTEMBER 19, 1995 recommendations made by staff. However, there were certain architectural features which Hops Grill & Bar felt strongly about. Ms. Jarkesy explained that the applicant agreed with staff on the following recommendations: 1. They agreed to remove the exposed neon band which bordered the top of the building. 2. They agreed to paint the background stucco a coconut cream color. 3. They agreed to modify the green gooseneck lights on the building from green to red. In addition, the Planning Director originally requested that the applicant modify the round stucco columns to be square and brick. The Planning Department has backed down from that request. The only remaining items which are part of the appeal are as follows: 1. They are proposing a red metal barrel tile roof. Planning has requested the applicant to have a metal standing seam roof. Ms. jarkesy circulated photos of a Hops Grill & Bar restaurant with both types of roofs. It is the applicant's opinion that the barrel tile is much more aesthetically pleasing. There are 12 of these restaurants throughout the State. The first prototype had a standing seam roof. All remaining restaurants have the barrel tile roof. 2. The applicant is appealing color. The Planning Department has recommended that the applicant utilize the color which is on the entry feature to the Circuit City store. The applicant's agents visited the Linton Boulevard Circuit City store to view the tiles. The color is burgundy. The applicant is proposing a true red which matches almost exactly the features on the border and the Circuit City stores with the exception of the entry feature. The applicant is requesting permission to use a truer red rather than the burgundy. 3. The Planning Director requested that all of the cedar trim be stained. The applicant proposed to stain the cedar trim with a natural stain, and seal it. This is maintained every six months. The cedar trim is part of their overall image anp marketing scheme. Ms. jarkesy advised that a Red Robin was previously approved on this site. It was a predominantly red outparcel. That color red is what the applicant is currently proposing. In addition, there is red on the Longhorn Steakhouse, and the shade they used on the gooseneck lights is the same shade of red the applicant proposes. All of the signage in the center is the truer red. Ms. jarkesy confirmed for Ms. Heyden that the applicant has agreed with Recommendations Nos. 5 and 6 of Planning and Zoning Department Memorandum No. 95-490. They are appealing #1 {barrel tile 20 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 19, 1995 roof), #2 (true red rather than burgundy for the tile and the stripe), #3 (dealing with the request to delete the wood siding). Planning is now requesting this be changed to stucco. The applicant wishes to maintain the cedar and that all the cedar on the entire building be stained naturally and sealed rather than painted or stained red), and #4 (Staff asked that the fascia be stained red. The applicant wishes to keep the natural finish.) Ms. Heyden displayed a photo of the Longhorn Steakhouse which used a combination of wood and brick. The gooseneck lamps are red, and Longhorn's prominent feature is metal standing seams. Ms. Heyden advised that if it were necessary to prioritize their conditions, the most important one is the metal barrel tile roof. It does not look like barrel tile. Ms. Heyden feels the standing seam roof is an improvement over the barrel tile. In addition, she feels a standing seam roof will help tie the outparcels together. Ms. Jarkesy explained that when the Longhorn Steakhouse was approved, it was in the Modern District. Since that time, the districts have been eliminated and this area is no longer a Modern District. The only requirement now is that this outparcel be uniform. The background color of the building is exactly the same as the main center, and the red is similar to the reds in the center. Vice Mayor Bradley felt that keeping the cedar clear and natural will go along with the Longhorn Steakhouse. It appears to him that the cedar on Hops would help meld the outparcels. Ms. Heyden said staff originally wanted brick since the main building is brick, as is Longhorn. Staff tried to make all buildings compatible by carrying over some of the colors and elements from the main building. This applicant has used stucco and the coconut cream color in an effort to make the buildings compatible. The majority of the Commissioners preferred the look of the barrel tile to the metal standing seam. Mayor Pro Tem Matson feels the barrel tile is a very interesting architectural point. Since Longhorn is so non-descript, there will be no clashing with this feature. She likes the true red color rather than the burgundy. She likes the idea of the stained cedar. Commissioner Jaskiewicz also disagreed with staff on this project. In reviewing the photos, the contrast between the two roof styles is like "night and day". The barrel tile is more aesthetically pleasing. In response to Vice Mayor Bradley's question, Ms. Jarkesy stated that the roof style change was made because the standing seam roof appeared to be brighter and. looked like plastic. The barrel tile looks more natural and blends better with the cedar trim. Commissioner Rosen objected to the color green in the awning. However, Ms. Jarkesy explained that the awning is part of the corporate logo. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Lee Wische~ 1302 SW 18 Stre~ stated that the Commission's responsibility is to make sure these 21 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,.. .."" & SEPTEMBER 19, 1995 applicants conform to our Code and zoning. Color choices are a personal issue. Mr. Wische feels the color scheme should blend with the shopping center. He feels this project blends in beautifully with the other buildings. He does not believe it is within the Commission's jurisdiction to force the applicant to change a color. He feels the Commission has no choice but to approve the project. Mayor Taylor explained that the City Commission has a bit more jurisdiction than Mr. Wische alluded to. The Commission has many items to consider including how the surrounding area is affected and how the citizens feel about it. Vice Mayor Bradley would prefer to see the metal seam roof because Longhorn has that type of roof and continuity would be provided. He feels the cedar should remain cedar and he can support the remainder of the project. In reviewing the photos, Commissioner Jaskiewicz noticed that the signage over the awning was changed. Ms. Jarkesy confirmed that the sign in the photo depicting the barrel tile roof is the one the applicant is proposing. The sign will be on the building. Motion Commissioner Jaskiewicz moved to approve the project, approving the applicant's #1, #2, #3, and #4 suggestion, and agreeing with staff's recommendations #5 and #6. Mayor Pro Tem Matson seconded the motion. Mayor Pro Tem Matson clarified that this motion includes the barrel tile roof, the natural red, the cedar remaining, and the cedar being stained. The applicant will use coconut cream and a true red rather than burgundy. The motion carried 5-0. F. Project Name: Owner: Agent: Location: Description: Packaging Concepts P.J.M. and Associates LC Jeff Lis 4925 Park Ridge Boulevard USE APPROVAL: Request to amend the list of permitted uses for the Quantum Park PID to allow research and development and the manufacture of non-aerosol spray dispensing systems Ofl industrially-designated lots Ms. Heyden advised that she faxed Mr. Lis a copy of the Hazardous Materials Contamination Response Plan, and she questioned whether or not Mr. Lis had any problem or question regarding that Plan. left Us__~agent for th~applican~ advised that he now has clarification and direction, and he has no problem. However, he requested that Ms. Heyden reference the State Statutes relative to 40 CFR 264 and fax that reference to him so that he can review it. 22 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Community Design Plan Appeal Description: Boynton Festive Center Jill Jarkesy Douglas McMillen Northwest corner of Congress Avenue and Old Boynton Road Request for a community design plan appeal to change the colors, materials and architectural features of a previously approved outparcel to be used for a Hops Grill and Bar Restaurant. (2) Project Name: Agent: Owner: Location: Chairman Dube stated that the dumpster enclosure is missing on the plans. He advised that about two years ago the dumpster was put on Boynton Beach Boulevard. Since then, the dumpster enclosure has not been shown on the plans. Mr. Haag explained that Best Buy (now Circuit City) had a dumpster on the south side of the project. A modification was approved administratively to allow Best Buy to be changed to Circuit City. They came before us for a Community Design Plan appeal for the facade. When Circuit City moved into the plaza, they took everything off of the south' end of the building and moved it back to the west side of the building so there would not be a loading zone or compactor at the south side of the building. Chairman Dube said it looks like the enclosure is next to the two parking spaces. Mr. Haag displayed an overlay of the entire site, as well as elevations, and samples of the materials to be used for this project. He reviewed Planning and Zoning Department Memorandum 95-490. He stated that the proposed Hops Grill and Bar Restaurant is introducing many different colors and materials which are different than what was approved on the main building in the shopping center. He advised that the purpose of the recently approved Community Design Plan was to create harmony and continuity within a shopping center, while still trying to give a tenant some identity. He explained that staff is trying to pull some of the materials and colors that this Board and the City Commission have already approved for the Lonahom Restaurant and the main buildina (Circuit City and Borders Books) into Hops Grill and Bar Restaurant. while still trying to let them retain their identity. Staff recommended approval of the Community Design Plan appeal subject to the six items listed in Planning and Zoning Department Memorandum 95-490. Mr. Haag reviewed those comments and circulated a photograph of a Hops Grill and Bar Restaurant. 21 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Chairman Dube asked why staff recommended eliminating the wood when it is similar in appearance to the Longhorn restaurant. Mr. Haag said the only place there is wood on the Longhorn restaurant is on the front entrance. Chairman Dube pointed out that the Longhorn restaurant has a wooden deck with tables and chairs for the people to sit outside. Ms. Jarkesy was not present. Marty Perry was present in her place. He felt the major issue was a question of red versus burgundy. He displayed a sample of the Circuit City entry way tile. He advised that the ordinances states that an effort shall be made to provide for similarity. He pointed out that the larger structure (Circuit City and Borders Books) is in the rear of the shopping center. He also pointed out that Circuit City has a banner of red coloring along the outside of their wall. He felt the ordinance is subjective, vague, and ambiguous. He felt the proposed colors are not significantly different from what is shown on Borders Books and on part of Circuit City. He pointed out that the lighting fixtures on the outside of the Longhorn restaurant are bright red. Mr. Perry stated that the proposed simulated barrel tile roof lends some architectural purpose to the building and some function, and is much more tasteful than the flat metal roof on the Longhorn restaurant. He said there should be a better basis for determining that Hops Grill , and Bar Restaurant should have a flat metal roof than simply because the Longhorn restaurant has one. He stated that the building is attractive and that a lot of time, effort and money was put into the design, which has been accepted everywhere. He agreed to change the color of the stucco. However, he objected to painting the wood burgundy. He said it is an expensive type of wood which naturally ages. He objected to comment number 1. He felt there was nothing wrong with the proposed colors and that the simulated barrel tile makes an architectural statement. He objected to comment number 2. He felt the proposed colors are consistent. He objected to comment number 3. He said he might be willing to consider eliminating the wood siding on the sides of the building, but he was not sure this would achieve anything. He objected vehemently to comment number 4. He agreed to change the color of the green goose neck lights to red if necessary; however, he did not think this would accomplish anything. He agreed to comment number 6. Mr. Perry felt that the proposed project is similar in design to the shoppina center. He pointed out that there is a real splash of everything on this street. He requested that the applicant be relieved of staff comments I, 2. 3, and that the applicant be allowed to match the color similarities of the other reds in the shopping center, but not the burgundy. He also did 22 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 not want to be required to paint the wood. He will repaint the light fixtures if necessary, but not burgundy. He also wanted to keep the barrel tile design. Chairman Dube allowed comments from the audience; however, no one wished to speak on this matter. Vice Chairman Golden felt the building is fairly decent looking. He felt the burgundy on the Circuit City is a displeasing color and the proposed shade of red on the Hops Grill and Bar Restaurant is warmer. He did not think the Longhorn restaurant was architecturally pleasing. He felt that what the applicant has agreed to is fairly acceptable. He thought the wood was a nice accent feature. He agreed that if you try to paint the wood red, it would make the color too strong, as well as inappropriate for that particular wood. Messrs. Beasley and Wische agreed with Vice Chairman Golden's comments. Mr. Beasley had a problem with the community design concept. It appeared to him that personalities and personal opinions are becoming very involved and are carrying too much weight. He felt that the code is written too loosely and that it is unfair for an applicant to have to come for an appeal based on ,taffs personal opinion. Vice Chairman Golden agreed that the Code is written too loosely. Bill Homes of Cypress Construction does all the construction for Hops Grill and Bar restaurant. He stated that the proposed colors blend very well together on the building. Chairman Dube inquired about the color of the sign. Mr. Homes advised that the sign will be the same color red as the roof. Chairman Dube pointed out that the sign will have to go on a black background below the Longhorn sign. Mr. Homes was aware of this. Mr. Perry requested that the proposed color scheme be approved. Messrs. Beasley, Wische and Golden had no objection to the entire project. Ms. Heyden stated that metal simulated barrel tile does not look like barrel tile. She stated that Longhorn is not the most attractive building, but it exists, and the proposed project is at the other end of the spectrum. Vice Chairman Golden felt you cannot make this bulldlng fit in without changing it. He felt staff comments kills the concept of the building. 23 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Ms. Heyden advised that she was not pleased with the burgundy color either. However, this is the predominant color of Circuit City. The red in Borders Books is used in a very limited manner. Staff tried to use the predominant color as the unifying element with the other outparcels and the rest of the buildings in the main shopping center. She stated that when we did the Community Design Plan, we were trying to expedite outparcel approvals by not having the applicant go through the entire approval process by allowing them an opportunity to meet with staff to work out some of the issues. Chairman Dulle asked if there is an alternative to the standing seam. Ms. Heyden stated that staff suggested standing seam because this is what Longhorn has. She felt is was not that unattractive. Mr. Rosenstock felt this was a typical example of what happens when you destroy a Community Design Plan and leave it to discretion to come up with multiplicity of designs and colors that do not match. You wind up with a hodgepodge of building. Mr. Beasley was glad buildings are different and that every building in the City of Boynton Beach is not the same color or design. , Motion Mr. Rosenstock moved that this project be rejected based upon staff comments. The motion died for lack of a second. Modon Vice Chairman Golden moved to recommend approval of the Community Design Plan appeal for Boynton Festive Center to change the colors, materials and architectural features of a previously approved outparcel to be used for a Hops Grill and Bar Restaurant. subject to the conditions agreed to by the applicant in the paragraph below item number 6 on page 3 of Planning and Zoning Department Memorandum 95-940, to change the color of the stucco to coconut cream, omit the exposed red neon band, and allow round rather than square vertical columns. Mr. Beasley seconded the motion. Mr. Wische asked if this means that Vice Chairman Golden is accepting the applicant's colors. V ice Chairman Golden answered affirmatively. 24 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 In response to Mr. Elsner, Vice Chairman Golden advised that his motion is contrary to staff's recommendation. Chairman Dube did not oppose the red colors; however, he was not in favor of the proposed roof. The motion carried 4-3. Messrs. Dube, Rosenstock, and Elsner cast the dissenting votes. D. Use Approval (1) Project: Agent: Location: Description: Packaging Concepts Jeff Lis 4925 Park Ridge Boulevard Request to amend the list of permitted uses for the Quantum Park PID to allow research and development and the manufacture of non-aerosol spray dispensing systems on industrially designated lots. Mr. DeCarlo had to leave the meeting temporarily. Therefore, the agenda was amended, and this item was discussed later in the meeting. Motion Vice Chainnan Golden moved to amend the agenda to move up Item 7.B.2. Mr. Beasley seconded the motion which carried 7-0. E. Site Plans New Site Plan (1) Project: Agent: Owner: Location: Description: Packaging Concepts Jeff Lis The Catalfumo Companies PJ.M. and Associates LC 4925 Park Ridge Road Request for site plan approval to construct a 24, IS8 square foot manufacNring building on a portion of lots 25 ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 19, 1994 Commissioner Aguila preferred to eliminate the parking in Phase I and having . only the amount of parking required by law in Phase II. Amended Motton Commissioner Aguila moved approval of the site plan for the C-16 Linear Park, deleting the parking for now, and consider doing that in Phase II, if necessary. Vice Mayor Matson seconded the motion, which carried 5-0. 2. Project Name: Owner: Location: Description: Harvey's Restaurant Tony Harvey 119 Martin Luther King Boulevard Major Site Plan Modification: Request for approv- al of an amended site plan to modify an existing restaurant building to construct a 1,120 square feet addition, new parking facility and land- scaping. Tambri Heyden, Planning and Zoning Director, advised that this is a major site plan modification to an existing restaurant building on the north side of Martin Luther King Boulevard, just east of Seacrest Boulevard. The property is zoned C-2. Upgrading of the parking lot and landscaping is required because square footage is being added. Approximately three months ago, a parking lot variance was approved by the City Commission for a backup space. The Planning and Development Board recommended approval of this request subject to staff com- ments. Motton . Commissioner Aguila moved to approve this major site plan modification for Harvey's Restaurant at 119 Martin Luther King Boulevard, subject to staff com- ments. Vice Mayor Matson seconded the motion, which carried 5-0. Boynton Festive Center Douglas McMillen Southwest corner of Old Boynton Road and Congress Avenue Major Site Plan Modification: Request for site plan approval of an amended site plan for a future shopping center to omit one (1) leased outparcel building and change the facade of the main building. Approval includes elevations for the leased restaurant outparcel and sign approval for all buildings. Ms. Heyden stated that this came before the City Commission on May 17, 1994 for a new site plan approval. The applicant has returned with some major changes, which include the deletion of one of the outparcel buildings, which reduces the overall square footage of the shopping center by approximately 7,500 square feet. The service area in the rear has been redesigned and shifted, and signif- 3. Project Name: Owner: Location: Description: - 16 - e VII. PUBLIC AUDIENCE: MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA David Beasley, 515 S. W. 2nd Avenue, asked when the proposed change in the code regarding auto body repair in an M-1 zoning district will take place. City Attorney Cherof advised that this item will be discussed at the next Planning and Development Board meeting and then at the July 5, 1994 City Commission meeting. Mayor Hanmening added that the City needed time to advertise. Raychel Houston, 600 N. W. 10th Court, made the Commission aware of some of the problems that have arisen during the Costa Bella project. A couple of the driveways that have been poured have dips in them and hold water. Big chunks were gouged out of the sidewalks. She advised that the supervisor of this proj- ect has assured her that these things will be taken care of; however, she wanted to make the Commission aware of them and be assured that this is all going to be made right. Commissioner Aguila asked if the City requires contractors to videotape existing conditions before starting road work, street improvements or drainage. City Manager Parker advised that this is the C1ty's normal policy. She will check to see if this has been done. Commissioner Aguila stated that anything they repair needs to be as good or better than how they found it. He stated that Johnson and Davis is a very reputable f1nm and tend to make things right. He assured Ms. Houston that they will take care of her and her neighbors. Mayor Hanmening stated that we will try to take care of this. It seemed to Mayor Hanmening that the engineer who originally designed Costa Bella owes the City about $12,000. City Attorney Cherof advised that we are waiting for the calculation of all of the damages that have occurred. Mayor Hanmening requested him to pursue this matter vigorously. Jolaan Rasmussen, 508 N. W. 10th Court, stated that the workers and employees have been very courteous and cooperative. She stated that videotaping has been done. She mentioned that the Houstons' driveway will be cut and ground. Mayor Hanmening stated that this would expose the aggregate and it will not look the same. City Manager Parker advised that yesterday she asked the City Engineer to look at this particular driveway. She has not yet received his report. NO ONE ELSE WISHING TO SPEAK, PUBLIC AUDIENCE WAS CLOSED. VIII. DEVELOPMENT PLANS: A. Consent Agenda - Unanimously Approved by Planning a Development Board 1. Project Name: Agent: Owner: Location: Boynton Festive Center McMillen Development, Inc. Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road - 10 - sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to g~ant such an easement, NOW, THEREFORE, for and inconsideration of the mutual covenants each to the other running and one dollar and other good and valuable considerations, the first party does hereby grant unto the party of the second partd it~h ity to successors and assigns, fUill aindtf~~e rig~;b~~lda~ac~~ities construct, maintain, repa r, ns a an 1 for above stated purposes and does hereby grant a perpetua easement on, over and across the above described property for said purposes. ORB 9021 pg 1581 PROPOSED DOROTHY H. WILKEN, CLERK PB COUNTY, Fl. WATER EASEMENT BOYNTON FES~VE CENTER I N89'OO'21"E I ~ r~~ :1 ' . ~ " >05' ;S)~ ~~ ~"'~)~~)' <f' I ~;: V..9~' 8 ~~ I z Js.11 II I II I I~ I ~I I~ I .01 N I ~II I II UJ I II?: ':~LE'['II\'1SI()N OF I ~II~ ':..-, -r;""i OIC" ''',;' I':/',l':'-IID j': :.:r-'IJ-IH j:',>t,fI.',......c -I ~I ;'-.\<:,"1" I ~II ~ . t. .' , .. " "'~ ~;:~. '~,' P:;~' 1 ~)' .. ~~~~':5~~3.9";h -' I I ~II L N89'OO'21"E 270.00' _./ 41.00' I ------~ I N88'53'06"E I r-- -s89'OCY'i'i-W- 258.00'- -, N89'00'21"E I ~33' I 25.93' , " . 500'59'39"E I 500'5~ 39 E I .. 41.49' 12.00 f. 21,30' 589'OO'21"W I U!i8 S88'53'06"W _ I toN 81_ 0_ . r: I ~ ~II~ : b.1 ~UJ I ~ ~ I \0 <1> ,. ~II~ : ~ N89'OO'21"E 0.. 106,92' 0 ~J I ,/><0 ~ _ ~~ 11S89'OO'21"W 1 6. [F.P.& L. EASEMENT I, :--- 500'59'39"E (O.R,B.3379/940) ------------ _ 41.41.:.._____ ----______J '0 '<t" P.O.S. 12.00' N89'46'34"W N 89'46'34" W 457.02' ~ OLD BOYNTON ROAD KAfH..eeN L.. HAL.L. L.ANl? 51..1M::Y1N~~ INC. L..ANI? 5lJ<\.IeYlNCi/ C,AJ/1/ seRViceS 7891 W. 5AMPLE ROAD CORAL SPRINGS, FLORIDA 3.3065 (305)344-8843 P.O.C. S.E.CORNER SEC.19-45-43 1&.1 :J Z ~ ~ (I) (I) Ol LaJ ... c3 ~ w VI ~ Z a al 0 W 0 -' ~ . ;... Ol <0 I") N (n <0 l"l N o ... o z SCALE: 1" - 100' DA TE: 3/7/95 SHEET 2 OF 2 JOB. NO, 2035 ."..::~J\(?r.~"~"".~~ '. .~ ~o.;". '),' "I< >: . MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA . MAY 17, 1994 Description: PARKiNG LOT VARIANCE: Request for relief from Article X - Parking Lots, Section 5-142(h)(5) - Distance from a right-of-way line to the inter- section of an interior access aisle. Motion Vice Mayor Matson moved to approve the parking lot variance request for relief from Article X, Parking Lots, Section 5-142(h)(5), distance from a right-of way line to the intersection of an interior access aisle for McMillen Development, Inc., Great Western Bank. Commissioner Katz seconded the motion, which carried 5-0. Boynton Festive Center McMillen Development, Inc. Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road LANDSCAPE CODE: Request for relief from Article II - Landscape Code Section 7.5-35(d) & (e) - Interior lot line and right-of-way landscaping. Commissioner Katz advised that he attended the Planning and Development Board meeting. At that meeting, one of the Board members pointed out that there are seventy-four extra parking spaces and he desired additional landscape pods be installed. (This was discussed further under Item VIII.B.I). 2. Project Name: Agent: Owner: Location: Description: ( '- In response to Commissioner Katz, Commissioner Aguila stated that if there were ten islands as opposed to seven, the trees may not grow well because they would be spaced too close to each other. Motion Commissioner Aguila moved the approval of the landscape relief from Article II, Landscape Code, Section 7.5-35(d) and (e). Vice Mayor Matson seconded the motion, which carried 5-0. B. Non-tonsent Agenda - Not Unanimously Approved by Planning l Development 1. Project Name: Agent: OWner: Location: Boynton Festive Center McMillen Development, Inc. Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road SITE PLAN: Request for site plan approval to construct a 104,018 square foot retail center with two (2) leased outparcels. Tambri Heyden, Planning and Zoning Director, stated that this was approved for a shopping center. It comprises a main building and two leas~~ outbuildings Description: o - 11 - I .-.I"'--~ . --",.....-_...... . ..,- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 17, 1994 Commissioner Aguila was concerned ~ith the layout of the parking. He pointed out that people can drive from Old Boynton Road at an angle across all the parking spaces to the Boynton Beach Mall access road. He felt every other hori- zontal run where cars would head into needs to be broken. He felt three lengths of green area could be added without affecting the parking a great deal. This would help with site drainage and soften the appearance of the asphalt. The applicant can adjust the landscape islands on the north end and gradually taper it down. Ms. Jarkesy agreed that if this works without loosing parking spaces, it will be done. Commissioner Aguila infonned Ms. Jarkesy that if built as shown, the only alter- native is to make the restaurants smaller. Ms. Jarkesy was aware of this. She agreed to return with a sign package for review by the City and the Planning and Development Board. Commissioner Katz asked if Commissioner Aguila's proposal would accommodate more trees. Commissioner Aguila answered affirmatively. Commissioner Katz asked if the applicant would be willing to plant more trees there. Ms. Jarkesy was willing to plant more trees as long as the parking is not reduced. In response to Commissioner Katz, Ms. Jarkesy confinmed that the tenants will not come into Boynton Beach if parking spaces are reduced. Vice Mayor Matson was not in favor of sending a negative message to people who want to do business in Boynton Beach. She felt they should be accommodated, not chased out. She referred to the removal of the Tamarind trees along Congress Avenue for utility lines and asked the City Forester if he has any problem with that and if he is going to work within Florida Power and Light guidelines. Ms. Jarkesy answered affinmatively and stated that there is a note to this effect on the landscape plan. Motion Commissioner Agulia moved to approve the Boynton Festive Center site plan as submitted, per staff comments and per the comments that were made here this evening by the City Commission. Vice Mayor Matson seconded the motion, which carried 5-0. 2. Project Name: Agent: OWner: Description: Qua 11 Run Villa' (aka Quail Lake West PUD Phases II & III) John Wheeler, Caulfield & Wheeler Engel Homes PRELIMINARY PLAT: Request preliminary plat and construction plan approval for 176 townhouse lots, infrastructure and amenities. City Manager Parker advised that this 1s a request for preliminary plat and construction plan approval for the remaining Phases (II and III), to be known as Quail Run Villas of the Quail Lake West PUD, located east and west of S. W. 26th Street, south of Woolbright Road. The request is a replat of a portion of a . r - 13 - vv.);:}.);:} YV, ~/:;)..V::J reet; tnence ..__ __ _v., v."'''' ''''''''' '"'''''''''' '''4 00'59'39NW 11,64 feet; thence N4S.59'39"W, 52.33 feet; thence N. 9'39"E 61 75 feet; thence N89'00'21"E, 5.33 feet; thence S4~~9.00'21 ~E 270 00 feet; thence SOO.59'39"E, .238.51 feet; thence N89.00'21"E '2593 feet' thence SOO.59'39::E, 41.00 feet; thence . '21"W 25'.93 feet'; thence SOO'59'39 E, 12.00 feet; thence S~989~gO'21"W 106.92 feet; thence SOO'S9'39"E. 201.00 feet; thence ~ ' SOO'59'39"E, 41.41 feet to the POINT OF BEGINNING. Said lands lying in Palm Beach County, Florida. CERTIFICA TE: S' t h nd Description of the hereon ", I HEREBY CERTIFY ~hat the atta~ched t ~~ cthea best of my knowl~dge ..g."'\~'r-. / ': described property IS true and :orre~ M 7 1995. I FURTHER." '.-: . belief as delinea.ted under my dlrect~o~ on me':ts the Minimuh'l".Te,chnicol , '. '/ CERTIFY that thIS Sketch and D~~cr~o~~~ of Professional Surve)',prs }lnd ., _ "';4' . (. Standard~ set forth bYG1t~:.:IO~lorida Administrative Code, '. ptJr~.aant~Jq . _.- .-:.'~' ' ' Mappers In Chapter 61 , , '.' ~~ '. .'. ' . r' .. S t. 472027 Florida Statutes. ~') L~' I ' .' t -.... ; ec Ion . , Ii.~' ,,' ~ ----------~~... -~------ PROPOSED OkB SEWER EASEMENT BOYNTON FESTIVE CENTER ~ . 0) '" 0.. Il')v ole! 0'" :ZN N88'05'26WE 20.00' j->.l 0) .'" N 14 E ll'!~ ~9~~ .g ~ ~ I ....__ , ~.... 51.00" , !'l q S89'OO'21"W , ~~ , , g , ,<S'~ :z .... ~dl. t.J.' .[..s, ~,~ ,~~ ~.)~ ,<" ?~, , ~" , ,~.9l1' v'~ ~~. ~.... , '~~, , " ','.... N89'OO'21"E 148.25' ~------, "-------, I S89'oo'21"W 146.93' I I 1 I ....1 1-- v '.. al I~ NI C ~I ~l.J ~I .~ ~ol 1~8 ~,[Ci-i''::N H!.'U,'iN':,HIP 4':, SOUTII, 1::,~.r\lC;[ 45 E.A:::'T ~I IVl S.Y3C'IVI'310N OF (F),B 1. P(_~. "i9) b '<t OLD BOYNTON ROAD i '47'U21 f'~ 1 ~79 I I I I I I I I I I I I I I I I I I \ I I I I I I I I P.O.B. I ~ I ~. I !'l~ I 0). ~~ I g.... :z I _________-.J '- N 89'46'J4" W 271.23' P.O.C. S.E.CORNER SEC.19-45-43 KA1H..E:E:N L.. H,AJ"L. L.,ANt? 5LJRVE:Y1NU~ INC. t...Mll? 5lR\IeYlNc:A/ CJOI7 5eRVla5 7891 W. SAMPLE ROAD CORAl SPRINGS. FLORIDA 33065 (305)344-8843 LaJ ::) Z ~ en (J) 0) L&J - u ~ w VI >-= Z 0 CD 0 I.I.i 0 -' ~ ~ t; '" N 0. CD Il') N b - o z SCALE: 1" - 100' OA TE: 3/7/95 SHEET 2 OF 2 JOB. NO, 2035 EXHIBIT "A" PROPOSED SEWER EASEMENT BOYNTON FESTIVE CENTER OR~ 9021 P9 1~? ~~ 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-of-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 of NOO'59' 39"W 5. Abbreviation Legend: ~ = centerline; P,O.C. = Point of Commencement; P.O.B. = Point of Beginning; BOY. = Boundary; P.B. = Plat Book 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 as follows: 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 Boynton Road; thence N89'46'34"W, along said parallel line, 271.23 feet; thence NOO'59'39"W, 139.45 feet to the POINT OF BEGINNING; thence S89'00'21"W, 15.00 feet; thence NOO'59'39"W, 203.41 feet; thence S89'00'21"W, 146.93 feet; thence N38'45'31"W, 301.92 feet; thence S89'00'21"W, 51.00 feet; thence NOO'59'39"W, 16.01 feet; thence N89'00'14"E, 49.00 feet; thence NOO'59'39"W, 23,64 feet; thence N88'05'26"E, 20.00 feet; thence SOO'59'39"E, 30.55 feet; thence S38'45'31"E, 294.86 feet; thence N89'OO'21"E, 148.25 feet; thence SOO'59'39"E, 218.41 feet to the POINT OF BEGINNING. Said lands lying in Palm Beach County, Florida. . :'-:1:"?'~~':""::;~:~.:~~:- CERTIFICATE: .",':""';'.,;'~;;r;,,:,~:: ,:, ' I HEREBY CERTIFY that the attached Sketch and Descrip{lo~~ ~f th'~ hereon. described property is true and correct to the best of my .l<~o,w!ed~e and.;'~':..,:::.:,~ belief as delineated under my direction on Mar. 7, 1995,;.-.;.tj;.FVBTijfR""O ., .: " CERTIFY that this Sketch and Description meets 'the Mihim~tT.t~.rec't\;,ica~" - 0 . Standards set forth by the Florida Board of Professional- 'Siirveyorsand :. ::.~: - . Mappers in Chapter 61G17-6, Florida Administrative Code;. pUr-suant to ~'. . Section 472_027, Flo,;do Stotutes'1~LM;.'~~.,..~ KATHLEEN L. HALL, P.L.S, ... ' '0'" .. ' ,', FLORIDA REGISTRATION NO:"410:s..', .... ,.' .' KA1H...~~N L.. HAL.L. L.,ANt? 5IR\1'eYlNU. INC. L-ANI? 5lR'\IeYlNlA/ 001' 5eleVla5 7891 W. SAMPLE ROAD CORAL SPRINGS. F"LORIDA 33065 ( 305)344-8843 DA TE: 3/7/95 SHEET 1 OF 2 JOB. NO, 2035 ~ uf\e <t021 p~ j ~'77 IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: _~~lv~f(I. (CORPORATE SEAL) BY Douglas A. McMillen PRESIDENT A'l."l'EST'_~4 btfa..~. CRETARY STATE OF ~~A COUNTY OF ~ARJ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take aCknowledgements, personally appeared ~~ me mlLLifJ __ well known to me to be the President and ~RV , respectively, of the Corporation named as first party in the foregoing Easement and that they severally acknowledged executing the same in the presence of two SUbscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said Corporation. WITNESS my hand and official seal in the County and State last aforesaid this~day of h?A~ , A.D., 1990. and for the aforesaid. My commission expires: ~I" LINDA MELT~N oe 'c:, COMMISSION jj CC 358276 ~ ~ EXPIRESMAY2,1998 ...~ ~ BON DEe THI"lU OF ~\: ATLANTIC BONDING CQ" iNC ~ Of\g ~021 P<: 1 ~'77 IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in its name and its corporate seal to be hereto affixed, attested by its proper officers thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in the presence of: -w~ BY Douglas A. McMillen PRESIDENT ATTESTI~ ~(I-v\fJf CRETARY (CORPORATE SEAL) STATE OF ~hOA COUNTY OF B/fJt(),4Rf) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared ~G~ trk mILL(;11 well known to me to be the President and ~~RV , respectively, of the Corporation named as first party in the foregoing Easement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily, under authority duly vested in them by said Corporation, and that the seal affixed thereto is the true Corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this ~day of /lJ/J1ClI , A.D., 1990. and for the aforesaid. My commission expires: (:;-tf'Y Pv&> LINDA MELT,)N ~ '/ @-'if, COMMISSiON 1/ CC 358276 ~~~ EXPIRESMAY2,1998 ~~ ~ eONDEDTHRU OF I'\: ATLANTIC BONDING CO" INC ~~~~ ill rn@ ~ ~.n.w ~ @ CROSS EASEMENT AGR1!:EMENT -'. ~~~WgmD THIS CROSS EASEMENT AGREEMEN'1' ("Agreement.) is made and entered into as of the I~ day of oc.1O&M.. , 199i by and between GREAT WESTERN BANK, a Federal Savings Bank havinq an address at 9200 Oakdale Avenue, Fourth Floor, Chatsworth, California 91311, hereinafter referred to as "FIRST PARTY", and McMILLEN DEVELOPMENT, INC., a Florida corporation whose address is 210 University Drive, Suite 705, Coral Springs, Florida 33071, hereinafter referred to as "SECOND PARTY". R Eel 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 BOOX 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 3,9, 1262.20 FEET TO A LINE 40.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF OLD BOYNTON ROAD: THENCE NORTH 890 46'34" WEST, ALONG SAID PARALLEL LINE 60.01 FEET; THENCE NOR1'H 00059'39" WEST, ALONG A LINE 60.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 19, 398.10 FEETI THENCE CONTINUE ALONG SAID PARALLEL LINENQRTH 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" EAST, 114.56 FEET; THENCE NORTH 88005'26~ EAST, 310.50 FEET TO THE POINT OF BEGINNING. B. SBCOND PARTY'is the owner in fee simple of that certain parcel of real property located in Palm Beach County, Florida, hereinafter referred to 46 "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 ~O 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 8go 46'34" WEST, ALONG SAID PARALLEL LINE 60,01 FEET TO THE POINT or BEGINNING, THENCE CONTINUE NORTH 89046'34" WES~ ALONG SAID PARALLEL LINE, 822.51 FEET; THENCE NORTH 44046'34" WEST, 14.45 FEET, THENCE NORTH 00059'39" WEST, 102.20 FBET, THENCE NORTH 16Q46'44.2" WEST, 199.61 FEET, THENCE NORTH 00059 I 39" WEST, 258.27 FEET7 THENCE NORTH 43032'54" EAST, 57.02 FEET, THENCE NORTH 88D05'26" EAST, 431.68 FEET; THENCE SOUTH 00059'39" EAST, 186.00 FEET: THENCE NORTH 88005'26" EAST, 310.50 FEET TO A LINE 60.00 FEET WEST OF AND PARALLEL WITH rHE EAST LINE OF SAID SECTION 19J 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 .. O. Certain improvements including an office building and related parking and other facilities are presently located on First Parcel; E. SECOND PARTY or its successors will erect upon Second Parcel certain improvements and related parking and other facilities; F. The parties hereto desire to create certain easements as herein provided. NOW, THEREFORE, in consideration of the mutual agreements herein contained, the Firat Party and Second Party hereby covenant and a9+se as follows: I. PkOHIBITION OF IMPROVEMENTS ON ACCESS AREA. FIRS'!' PARTY ahall not build or maintain, or permit to be built or maintained, any structure on the land delineated on Exhibit A hereto as the "Ho Build Area" of First Parcel. SECOND -2- (BP'l'892 ) 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 t~e to relocate the No-Build Area of the First Parcel provided that there shall always be a reasonable acoess for pedestrian and vehicular traffic from the Second Paroel through the First Parcel to Congress Avenue on 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 plane for relocation in writing no later than thirty days p~ior 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, whioh 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 inviteeB, 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 (b) such portion of the Second Parcel as may from time ~o time be designated for customer parking by the owner of the Second Parcel. The owner 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 meet. the parking requirements fo~ the improvements located -3- (BP'I'B92) zon1ng {or s1m1~ar} CCQe g~ ~nw dpp~~VGU~~ governmental body having jurisdiction over the Pirst Parcel. -4-- (BP'1'892) ._.------~------------------"'- 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 Pirst 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 Sections II '(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-.evan (57) parking spaces designated in the ijotice as and when required by the terms set forth above; or (b) if the owner of the Second Parcel complies with its obliqations contained herein with respect to the fifty-seven (57) parking spaces designated in the Notice, but the owner of the First Parcel determines in its 80le discretion at any time thereafter that parking andlor 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 th$ fifty saven (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 Termin~tion 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 Sections II (b) and III (b) hereof. Upon reoording of such Declaration of Termination of Cross parking -5- (BPTB92) Rights the provisions of Sections II (b) and III (e) hereof shall be void and of no further force and effect. The ingress and egress provisions of Sections II (a) and III (a) hereof shall, however, remain in full force and effect. IV. MAINTENANCE OF EASEMENT AREAS. 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-af-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 Parcel 1 and Parcel 2 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 without limitation interference with parking or traffic of with .any new construction hereafter contemplated for First Parcel). V. 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 buildinq{s) located on the Second Parcel containing at least 20,000 square feet of commercial space within thirty-six (36) months after the date of this Cross Easement Agreement, the owner of the First Parcel shall have the absolute right at any time thereafter to terminate this Agreement by executing a Declaration of Ter.mination 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. VI. INSURANCE. The owner of the First Parcel and the owner of the Second Parcel shall each maintain liability insuranoe in amounts reasonable for the operations on their respective Parcels covering liability arising from the ownership or operation of their respective parcels at all times (but self-insurance shall be permitted for any owner having a tanqible net worth in excess of $25,000,000.). -6- (BP'l'892) VII. ATTORNEY'S FEBS. 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. VIII. 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. IX. MISCELLANEOUS A. This Agreement, together with the Exhibit attached hereto, contains 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 Exhibit 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 effedtive 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 of the application of such ter.m or provision to persons or circumstances other than those as to which it is held 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 Agreeaent and all of the covenants, terms, conditions, pro~isions and undertakings contained herein, shall extend to, be binding upon and inure to the benefit of the successors and assigns of the ~e8pective parties hereto, inCluding, without limitation, all subsequent owners of either parcel, to the SL~e extent as if each successor and assigns were, in each case, named and expreesed as a party to this original Agreement. -7- (81''1'892) E, This A9reement shall be construed in accordance with the internal laws of the State of Florida. .,. IN WITNESS WHEREOF, the parties hereto have executed this Cross Parking Agreement the day and year first above written. Witnesses I Print Name. GREAT WESTERN BANK By: /~ Name. 'l'itlel McMILLEN DEVELOPMENT, INC. BYI~t ~c~ Title. .. The fore9o~hg instrument was acknowledged before me this day of , 199_ by , STATE OF CALIFORNIA COUNTY OF ~ {Y-f7. tVfE' Los } 8.8. ". Print Name. ~]... g z '" w ::0 w Cl a w ..J :;: o z ~ o <( u. o w ... <( o LL ;:: cc w o " Q. .. u; Print Name I Print Name. STATE OF CALIFORNIA) COUNTY OF ) On ()()lober \;X l l crl3 before me, Kf\SUY\ M. Z~ Vl,Vvt.eJYY'al^- a No~ Public i~nd for \Jd CoUl~ and SAte, ~rsonallY appeared J;(. \ Rl\11 ....<) I t' ~ {,,~ \ t"'JII: ] personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islarfl4illlbscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherllheir authorized capacity(ies), and:Unlt by hislher/lheir signature(s) on the instrument the person(s), or the enIIity upon behalf of which the person(s) act . xecuted the instrumenl Signature F 2492 (5-91) Cnaple) FOR HOTARY SEAl OR STAMP OFFICIAL SEAL KRISTEN M. ZIMMERMAN Notary Pl.blc-CoUfomla VENTURA COUNlV My COrrmIssIon Expires ApI 28. 1995 STATE OF FLORIDA ) COUNTY OF I!J{loWPM ) The foregoing instrument was acknowledged be~ore me this /';11, day of n;-L\-i'~ f , 1991S by h.:^ I,.... \"\"'~ 1"\ \...., ..; , , -.J ( name) (--";r-:' ~ -'< [,-' ,{it: of MCMillen Development, Inc., (title) a Florida corporation, personally known to me , on behalf of the corporation. He/She is or has produced as identification. 'J j.- -' - /1/ " .;;1 III /,;,"7 .; .") . ~),; ." .' ..1/ .A.." ,--- Notary pu~lic ( / /- I. \",/' ~ ,_ )r:~. )-,."\ \' (~. _._)',- I: ~.' .......:;: ,~/ -:.- Print Name My Commission Expires: THIS INSTRUMENT PREPARED BY. BRIAN P. TAGUE, ESQ. MERSHON, SAWYER,- JOHNSTON, DUNWODY & COLE Suite 4500 First Union Financial Center 200 South Biscayne Boulevard Miami, Florida 33131-2387 ~ -9- - (BPT892) fi t-1 "' ) i ,