LEGAL APPROVAL
CITY COMMISSION OF THE
- CITY OF BOYNTON BEACH, FLORIDA
ORDER
In Re:
The application of CHECKERS DRIVE-IN RESTAURANT
This matter came before the City Commission of the City of
Boynton Beach, Florida on Tuesday, November 16, 1993, requesting
approval of a conditional use and site plan review for a drive-in
restaurant proposed for a vacant .93 acre site located at the
northeast corner of Boynton Beach Boulevard and Old Boynton,Road.
I
I
The Board having heard the recommendation of city adminiS1~tive
staff finds the following:
1. The conditional use requested is consistent with he
\
development of the surrounding area and does not adversely affe\t
the citizens' general welfare.
2. This matter has been approved subject to all staff
comments, attached hereto and made a part hereof.
ACCORDINGLY, IT IS ORDERED that the applicant's request
for a Conditional Use and Site Plan Review, is granted subject to
staff comments attached.
DATED:
12' 3 - 93
BY:
ATTEST:
~ &uJtJ;t
City Clerk (fJ~)
7A12
CHECKERS DRIVE-IN RESTAURANT
CONDITIONAL USE
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-279
THRU:
Planning & Development Board Members
Tambri J. HeYdenJ~~'},IL,~~
Acting Plannlng and Zonlng Dl~~r
TO:
FROM:
dn'~
Michael E. He:acfA~' ('
Zoning and Slte Adminlstrator
DATE:
November 5, 1993
RE:
Checkers Drlve-In Restaurant -
conditlonal Use Appllcatlon!Slte Plan ReVlew
FILE No.: 777
SUMMARY: Anna Cottrell, AICP, of BCS-Wescon, the agent for
Checkers Drive-In Restaurant, Inc. lS requesting approval of a
Conditional Use and Slte Plan P.eVlew for a drlve.-ln restaurant
proposed for a vacant .96 acre site located at the northeast corner
of Boynton Beach Boulevard and Old Boynton Road. The appllcant is
under contract to purchase/lease the subject property. The Land
Use Plan designatlon for the property lS General Commerclal. The
property is currently zoned C-2 and consistent wlth Sectlon 6 B :.
qq. and 11.2 of Appendlx A-Zoning. The drive-ln restaurant aspect
of the project requires condltlonal use approval. Consistent with
the Site Plan Review Ordlnance, development of the slte requlres
site plan approval.
PROPOSED USE: The proposed use includes a buildlng where food :s
prepared and served to customers through exterior plck-up wlndows.
There are two (2) drlve-thru lanes leading to each slde of the
building. A food service plck-up wlndow is located on each slde of
the building. There lS also a walk-up window to order and recelve
food. There lS no food served to customers inslde the bUlldlng.
A fenced exterior eatlng area conslsting of tables and other slte
amenities is provided for customers wlshlng to eat at the site. A
total of thirty-four seats is speclfied on the site plan.
DESCRIPTION OF PROJECT: (See attached drawing) The triangular
shaped .96 acre slte has two entrance pOlnts; a one-way ln only
driveway located on Boynton Beach Boulevard and a two-way drlveway
located on Old Boynton Road. Both drlveways lead to the on-slte
parking are a and the f ac ill tles located on the site. Note: The
applicant is requesting a varlance from the parklng lot code
regarding the dlstance the drlveway on Boynton Beach Boulevard 15
located from Old Boynton Road. At this tlrne the slte cons15ts of
a single story seven hundred eighty-flve (785) square foot bUl1dlng
that faces Boynton Beach Boulevard. Thirty-four (34) seats are
specified on the plan to be placed on the stamped concrete exterIor
patio that is adJacent to the buildlng. The patlo area wlth the
majority of the tables 1S located on the west side of the west
drive-in lane and lS enclosed wlth a forty-two (42) inch h1gh
wrought iron fence. The fenced area has a gate with a walkway that
connects with the publIC sldewalk along old Boynton Road.
The site and bUllding are posItioned and designed to allow veh1cles
to leave the on-slte traffIc flow and enter two drIve-thru lanes
that lead to exterlor food pIck-up wlndows located on each sIde of
the building. The drlve-thru approach lS from the north SIde of
the building. A menu SIgn and speaker box for ordering food lS
located adjacent to each drive-thru lane. The east drIve-thru lane
has approxima~ely SlX, twenty (20) feet long, spaces where vehlcles
may stack while waltlng serVIce. The SlX spaces lnclude a space
for a vehicle at the pIck-up w1ndow, the west slde has a total of
approxlmately seven spaces. After the drlve-ln customers recelve
their food at the plck-up windows they wIll proceed around the
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. CHECKERS SP jCU
PAGE 2
south side of the building to re-enter the on-s~te trattlc flow and
access aisle where on-site parkIng spaces are provided. A walk-up
order window is located on the south face of the bUlldlng to serve
customers. As prevlously stated on site eatIng IS avallable for
customers at exterlor tables. The appllcant has lndicated that the
hours of operation are as follows: servIng food; Sunday through
Thursday 10:00 AM to 11:00 PM, FrIday and Saturday 10:00 AM to 12
midnight. ApproXImately eIght (8) to twelve (12) employees wIll be
working during maXImum demand hours.
As shown on the color elevatlon VIew drawIngs of the bUIldIng the
wall material is a combInation of stucco (medium texture) colored
Sherwin Williams AprIcot Llly #1617 and an accent tl1e walnscot.
The color of the patterned tlle waInscot IS white and off white.
Window and door frames are Whl te. Glass blocks laId vertlcally
with teal neon Inserts accent four corners of the bUlldlng. Four
metal columns support the roof above the drive-tnru lanes. The
metal columns and fascIa are palnted Sherman Williams Indian Summer
~1621. At the top of the columns are three bands of teal neon.
The base of the columns have small accent tiles that match the
color of the waInscoting around the buildlng. A recessed
horizontal band around the fasc~a of the bUilding IS painted
Sherman Williams Windsurf Blue #1755. The hIghest part of t11e
building is a white metal equipment screen that has rounded corners
and is seen from all sIdes of the buildIng. The Community DeSign
Plan specifies the subJect slte as located In the Spanlsh/
Medi terranean design district. The colors of the bUl1dlng are
harmonious with the colors ldentifled in the SpanIsh/Mediterranean
theme. However, the architectural design of the bUildIng does not
have all of the design elements requIred by the Communlty DeSIgn
Plan. The applicant is seeking relief from the des1gn requIrements
regarding roof materials and archItectural features.
Proposed signage for the site and bUildIng is also depicted on the
color elevation view drawings. Note: All slgnage shall comply
with the sign code. The applIcant is seekIng rellef from the Board
of Adjustment to allow two menu Signs. The wall signage along the
fascia of the building at the roof lIne consIsts of white channel
letters back lit with whIte neon. The color of the other wall
signage is mostly white and/or wlndsurf blue. The SIte has
directional signs, speaker boxes, safety signs, clearance height
signs and two menu boards. The configuration of these slgns are
shown on the colored elevation Vlew drawIngs. These slgn colors
are also predominately white and windsurf blue with some black and
white checker board detailing.
A monument sign IS the main IdentificatIon sign for the project and
is positioned on the property southwest of the bUlldlng. The color
of the monument sign is consIstent with the Checkers corporate
business logo. The following colors are proposed: red background,
white letters for the trademark name, two narrow bands of black &
white checker board detailing and an area, that has yellow
background with black copy, listing types of food.
Site lighting pOles and fixtures are shown to illuminate the
vehicle use area. A dumpster enclosure is located in the northwest
portion of the site. There is a buffer wall proposed for the east
property line starting from the north. The but fer wall is not
required and the agent has indicated that they will not show the
wall on the permIt documents for the project. The balance of the
site is covered with landscape material WIth draInage detention
areas positioned to capture storm water. The landscape materlal
shown will exceed the requlrements specIfIed In the Landscape Code
and the streetscape rerqulrements of the CommunIty DeSIgn Code.
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CHECKERS SP/CU
PAGE 3
SURROUNDING LAND USES AND ZONING (see attached location map): The
property is surrounded by land In the C-2 zonlng distrlct. The C-2
zoning is identIfIed as Nelghborhood Commerclal and nas a General
Commerc ial land use des ignatlon. The property to the east is
presently vacant and owned by FPL. The C-2 zonlng west of the site
terminates at the center of Old Boynton Road and west of the center
line is R-3 Multifamily ReSIdential zoning. A rental apartment
complex is located on the R-3 property. The C-2 Property to the
south across Boynton Beach Boulevard lS developed wlth a
convenience store.
STANDARDS FOR EVALUATING CONDITIONAL USES: Section 11.2 D of the
Zoning Code contains the followlng standards to which condItIonal
uses are required to conform. Following each of tnese standards is
the Planning and Zoning Department's descrlptlon of the appllcatlon
as it pertains to the standards. Attached "Exhibit A" lS an
evaluation of the standards prepared by the applicant.
The Planning and Development Board and City CommlSSlon shall
consider only such condltlonal uses as are authorIzed under the
terms of these zonIng regulations and, ln connectlon therewIth, may
grant condItional uses absolutely or conditIoned upon the
conditions including, but not limited to, the dedIcation of
property for streets, alleys, recreatIon space and sidewalks, as
shall be determIned necessary for the protectIon of the surrounding
area and the cltlzens' general welfare, or deny conditlonal uses
when not in harmony with the lntent and purpose of thls sectlon.
In evaluating an application for conditional use, the Board and
commission shall conSIder the effect of the proposed use on the
general heal th, safety and welfare of the community and make
written findings certIfYIng that satisfactory provlslon has been
made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and
proposed structures thereon, with particular reference
to automobile and pedestrian safety and convenience,
traffic flow and control, and access in case of fire
or catastrophe.
Two (2) new driveways will serve the slte; a one-way in only
driveway w1ll be located on Boynton Beach Boulevard and a two-
way driveway will be Installed on Old Boynton Road. The
location of the drIveways allow efflc1ent traffic flow on the
site. The layout of the vehicle area and the two drlve-thru
lanes enable good control of traffic. The layout of the Slte
and the locatlon of the driveways offer ease of access tor
emergency service vehlcles. The applicant lS seekIng a
variance for the distance the driveway on Boynton Beach
Boulevard is located from Old Boynton Road.
2. Off-street parking and loading areas where required, with
particular attention to the items in subsection labove,
and the economic, glare, noise, and odor effects the
conditional use will have on adjacent and nearby properties,
and the city as a whole.
The sixteen (16) parking spaces provided at the SIte exceed
the number requlred by two (2) spaces. A loadlng space is
required for the proposed use, however, the plans do not shew
a loading space. A staff comment regardlng deplctlng a
loading space on the site is listed on the plannIng and Zonlng
Department 2nd reVIew comment sheet. The parklng spaces are
centrally posltloned on the Slte and the bUlldlng shlelds the
spaces from the off-slte Vlew from the west and the on-slte
visual landscape screenlng shlelds the off-s1te Vlew from the
other directions. There is ample room on the Slte to lnstall
a loading space.
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CHECKERS SP/CU
PAGE 4
3. Refuse and service areas, with particular reference to the
items in subsection 1 and 2 above.
The Director of PublIC Works is not satisfIed with the
location of the refuse area as shown on the plans, however,
the applicant has adjusted the location to satisfy the
Director. The new location was achieved by rotatIng the
dumpster so that It WIll be facing east. The refuse area has
a concrete block enclosure with gates. The on-sIte landscape
material will provide shIelding of the refuse area.
4. utilities, with reference to locations, availab1lity, and
compatibility.
The applicant will construct an on-site lift station to serve
the site. CIty water lines run parallel to the Boynton Beach
Boulevard frontage of the site.
5. Screening, bUffering and landscaping with reference to
type, dimensions, and character.
The new landscaping complies with and exceeds the requIrements
of the Landscape Code. Ample numbers of trees classifIed as
large trees have been provided on the plans. The SIze
specifications of some species exceed the requirements of the
Landscape Code. A concrete block buffer wall lS shown
extending along the east side of the property startIng at the
north property l1ne. The agent has indicated that the buffer
wall will be removed.
6. Signs, and proposed exterior lighting, with reference to
glare, traffic safety, economic effect, and compatibility
and harmony with adjacent and nearby properties.
The signs proposed for the site have been limited to those
required by the Sign Code with the except ion of the menu
signs. The appllcant is seeking a variance to install two (2)
menu signs. The code allows one (1). The size and locatIon
of the signs shall be consistent with the code. The exterIOL
lighting is shown on twenty-five (25) foot high poles wIth a
1000 watt metal halide fixture. Site and pedestrIan lightIng
shall be installed to meet code specifications. See comment
No. 10 from Engineering Department Memorandum No. 93-306. The
applicant has changed the lIght fixtures to decorat1ve lamps.
See detaIl drawIng attached to the set of plans.
7. Required setbacks and other open spaces.
The proposed bUlld1ng setbacks meet or exceed the setbacks
specified in the zoning code for the subJ ect Sl te. The
maximum lot coverage is forty (40) percent. The bUlldlng
footprint coverage for the subject building lS one point nlne
(1.9) percent. The plans lndicate that fifty-two (52) percent
of the site is pervious.
8. General compatibility with adjacent properties, and
other property in the zoning district.
The proposed use is compatible with the drive-thru restaurant
that is located approximately two blocks east of the subJect
site. The land use to the east and south allow a request for
conditional use approval for a drive-thru restaurant and the
land use to the north and west 1S residential and will net
allow the drlve-thru restaurant use.
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. CHECKERS SP/CU
PAGE 5
9. Height of buildings and structures, with reference to
compatibility and harmony to adjacent and nearby properties,
and the city as a whole.
The building is one story which lS compatIble with the
surrounding commerclal bUildings. The residential bUildlngs
directly west of the site are two story.
10. Economic effects on adjacent and nearby properties, and
the city as a whole.
The new use will offer fast food and some Jobs for the people
in the communlty.
11. Conformance to the standards and requirements which apply
to site plans, as set forth in Chapter 19, Article II of the
City of Boynton Beach Code of Ordinances.
The project conforms to the standards and requirements of the
site Plan Review ordinance.
12. Compliance with, and abatement of nuisances and hazards
in accordance with the performance standards section 4 of
the zoning regulations; also, conformance to the City of
Boynton Beach Noise Control Ordinance.
The project and use shall operate in a manner that l.S In
compliance with the Clty Code of Ordinance. The restaurant
use will be governed by the Health Department.
REVIEW OF STAFF COMMENTS: Find attached the comments from all
reviewing departments. As indicated in their comments, they
recommend the project proceed through the review process subJect to
their comments being corrected and technical code compliance shown
on the permit documents.
The following notable changes wlll occur to the site, as a result
of the drawings, showing complIance with staff comments:
The concern regarding Memorandum No. 93-215 from the Director of
Public Works wIll be rectified by the permit drawings showing the
dumpster enclosure being rotated so that the serVlce opening wll1
be facing east. The new posItion will the allow the sanitation
vehicle to enter the site from Boynton Beach Boulevard.
To show compliance with comment No. 4 from the Plannlng & Zonlng
Department Memorandum, a loading space shall be shown on the slte.
There is ample room to install a loading zone south of the parkIng
spaces shown on the east side of the site.
A traffic impact study was submitted for the proJect. The trlps
generated by the proJect required the study to be revl.ewed by Palm
Beach County. TheIr review determined that the project met trafflc
performance standards. (See "Exhibit B"). The CIty Engineer also
reviewed the study and determined that the study was valid and that
the area of influence used in the study for trafflc on Old Boynton
Road extended to Congress Avenue.
RECOMMENDATION:
The Planning and Zoning Department recommends
approval of the conditIonal use and site plan review, subJect to
all staff comments, and the approval of the varIances regardlng
driveway location, number of menu slgns and the appeals to the
Community Design Plan.
A:CHECKCU.JM
!::J--
EXHIBIT "An
lor3
STATEMENT OF JUSTIFICATION .
APPLICATION FOR CONDITIONAL USE TO ALLOW A
CHECKERS DRIVE-IN RESTAURANT
The Petitioner, Checkers Drive-In Restaurants, Inc., requests by this application
approval of a conditional use to allow a Checkers Drive-In Restaurant on a .96 acre
site located at the northeast corner of the intersection of Boynton Beach Boulevard
and Old Boynton Road.
Proposed site development for the requested Checkers Drive-in Restaurant is
shown on the site plan accompanying this application. In order to advance the
proposal by Checkers for development of the site, applications have also been
submitted to the City for site plan approval, as well as variances.
The conditional use requested is consistent with the development of the
surrounding area, and does not adversely affect the citizens' general welfare. As
indicated on the site plan accompanying this application, the proposed site
development allows for faithful adherence to, and fulfillment of, the restrictions
and conditions related to the dedication of property for streets (turn lanes) and
sidewalks, as have been determined necessary for the site. .
The Petitioner offers the following justification for the granting of the requested
conditional use:
1) The proposed use will have no adverse effect on the general health, safety and
welfare of the community, since It provides for adequate and safe ingress and
egress to the property and the proposed structure. Great care has been taken in
the design of the site to ensure automobile and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or catastrophe.
As indicated on the site plan, only one driveway per frontage is proposed. The
driveways have been jesigned to provide ingress only from Boynton Beach
Boulevard, and Ingress and egress on Old Boynton Road. The driveway on Old
Boynton Road conforms to the City's requirements for driveway spacing. The
driveway on Boynton Beach Boulevard Is the subject of this variance application.
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21:3
The Petitioner has met with the FOOT (Florida Department of Transportation)
regarding the proposed driveway location on Boynton Beach Boulevard. The FOOT
has Indicated that the proposed location provides the only opportunity for the site
to meet the DOT's access management standards. The driveway has been located
outside of the required taper for the turn lane provided for west bound vehicles
turning north onto Old Boynton Road, and as far east of the Intersection as
possible. The limitation on access (providing for Ingress only) eliminates any
potential conflict with movements occurring at the intersection. The proposed
driveway also provides for a smooth traffic flow throughout the site, with potential
conflict areas minimized.
All other elements of (he site's parking lot design meets or exceeds requirements
as provided for In City standards. The parking lot design provides sufficient access
from the public roadway, and maneuvering and access areas are located
appropriately and of sufficient size to permit vehicles to enter and exit the parking
lot in a safe and efficient manner.
2) The site has been designed so that all potentially impacting conditions, such as
from off-street parking and loading, glare, noise and odors, have been mitigated.
No off-site impacts wi:! result, and there will be no detrimental effect on the
adjacent and nearby properties or the City as a whole.
3) Refuse and service areas have been located so as to eliminate any potential
impact on residences in the area.
4) Utility service and connections have been designed in a manner consistent with
the City's utility master plan and engineering standards.
5) Particular care has been given to the landscape and buffer treatment proposed
for the site. The landscape material and design selected is consistent with the
City's Design Plan Standards, and with the existing vegetation and landscape
treatment in the general area. The site plan accompanying this application
indicates the inclusion of a six-foot high wall along the north/east area of the site
where it abuts residential, affording both noise and aesthetic buffering.
6) Signs and proposed exterior lighting, have been proposed to be constructed and
Installed in amber that eliminates glare, and is consistent with concerns of traffic
safety and compatibility and harmony with adjacent and nearby properties.
7) The site design mAets the required setbacks of the district, and Includes open
space far in excess of minimum code requirements.
-7~
3or3
8) The use and site design are generally compatible with the development existing
on adjacent properties and other properties within the zoning district.
9) The building height will be limited to maximum allowable for the district.
10) The proposed facility will provide economic benefits for the City as a whole,
by way of: permit and review fees; capital fees (water and sewer connections,
etc); ad valorem enhancement; sales tax money and employment.
11) The proposed site design meets or exceeds all standards and requirements of
the City's codes as applied to site plans.
1 2) The proposed use complies with all performance standards of section 4 of the
City's zoning regulations related to abatement of nuisances and hazards, and
conforms to the City's Noise Control Ordinance.
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MEMORANDUM
TO:
Tambrl Heyden
Acting Plann~ng & Zoning Dlrector
FROM:
Michael E. Haag
Zoning and SIte Development Admlnlstrator
DATE:
october 26, 1993
RE:
Site Plan ReVIew - 2nd ReVIew New Slte Plan and
Condltlonal Use Drive-Thru Restaurant
ProJect: Checkers Drlve-In Restaurant
Locat~on: N.E. Corner of Boynton Beach Boulevard and
Old Boynton Road
Agent: Robert E. Basehart &
BCS Wescon Consulting, Inc.
File No: 777
The f~llowing is a lIst of comments regardlng the 2nd reVlew ot
the above-referenced proJect. It should be noted that the
comments are divlded into two (2) categories:
The flrst category is a list of comments that identlfy unresolved
comments either from the first reVIew or new comments as a result
of the 2nd review. To show compliance wIth these comments wlll
not substantially alter the configuration of the SIte and the
design of the building except for the following comments, Numbers
3, 4, 5, & 6. There has been a formal submittal to seek relIef
from the code requIrements for comments Numbers 3, 5 and 6.
The second category lS a lIst of recommendations I believe wlll
enhance the aesthetIcs and functIon of the proJect.
All comments can be rectIfied on the plans at time of permitting
considering that the request for ConditIonal Use/Site Plan ReVlew
and approval of variances and appeals are approved. The
applicant must understand that addltional comments may be
generated upon review of the documents and working drawings
submitted to the Building Department for permits for the proposed
project.
1. On the site plan drawing, correctly dimension the setback
distance from the property lines, adjacent to the proposed
monument sign, to the leading edge of the sign. Note: Mln~mum
setback distance is ten (10) feet. The drawings indicate a
monument sign and the notes on the plan identify a pylon sign.
Correct the plans accordIngly.
2. The height limItatIon for the City is forty-fIve (45) feet.
Adjust the height of the flag pole shown on the detaIl drawlng
sheet C4 to match the note identlfying the forty-flve (45) feet
height of the flag pole found on sheet SP.
3. Locate the proposed driveway on Boynton Beach Boulevard so
that the distance from the west edge of the driveway lS at least
one hundred eighty (180) feet from the intersectIng 11nes of old
Boynton Road and Boynton Beach Boulevard or be granted approval
of a variance for said drIveway.
-i-
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-305
TO: Tarnbri Heyden
Acting Planning & Zoning Director
FROM: James D. White, P.E.
City Engineer
DATE: October 26, 1993
RE: Technical Review Committee Comments
Checkers Drive-in Restaurant, Inc.
Planning Department File No. 777
I have reviewed the above referenced plan submittal and offer the
following comments:
l. Provide drainage calculations, soils report including water table
information, permeability test results and percolation rate
calculations to be utilized during the permit review process.
2. Please advise the Office of the City Engineer of impacts
associated with the future development of the depicted retention
area situated along the southeast quadrant of the subject site.
3. Please provide all specifications and material standards for
stormwater drainage system and place upon plans a notation
indicating that stormwater drainage pipes which are PVC shall
be of the type ASTM D-3034, SDR 35 material(s). Revise plans
accordingly.
I have no objection to the plans moving forward to
boards conditioned upon the applicant's compliance
mentioned staff comments prior to issuance of City
t~ ~ Jfr
/ James D. Wh1te, P.E.
t//
the reviewing
with the afore-
building permits.
JDW/ck
Note: This memo herein incorporates Engineering Dept. Memo No. 93-306
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ENGINEERING DEPARTMENT MEMORANDUM NO. 93-306
TO: Tambri Heyden
Acting Planning & Zoning Director
FROM: Vincent A. Finizio
Deputy City Engineer
DATE: October 26, 1993
RE: Technical Review Committee Comments
Checkers Drive-in Restaurant, Inc.
Planning Department File No. 777
New Site Plan/Conditional Use
In accordance with the City of Boynton Beach, Florida Code of
Ordinances, the applicant shall revise the above referenced plan
as follows:
1. The submitted sign package entitled "Directional Signs" is
unacceptable in that the signs do not comply with State of
Florida statute Chapter 316, Section 316.0747. All directional,
regulatory and advisory signage must comply with the State of
Florida Department of Transportation standards, including the
Federal Highway Administration's Manual on Uniform Traffic
Control Devices pursuant to City Code of Ordinances, specifically
Chapter 5, Section 5.142(g), Parking Lot Construction Standards
(appendix). Signage, such as the pedestrian crossing, the "Do Not
Enter" sign, etc. are not permitted to be decorative and must comply
with the standard color and dimensional requirements of the afore-
mentioned State and Federal laws. Revise submitted sign package
accordingly.
2. The proposed landscaping situated at the "nose'l of the traffic
diverter at stop bar along the southside of the proposed building
site, will in all liklihood result in a line of sight obstruction
diminishing the driver's view of vehicles entering the entrance
from Boynton Beach Blvd. Landscaping, at this location, should
be relocated in order to provide a clear view of vehicles
entering the site.
3. Pursuant to City Code of Ordinances, specifically Chapter 5,
Section 5-142(g), the existing sidewalk and/or bicyle path along
Boynton Beach Blvd. and Old Boynton Rd., shall transition thru
all ingress/egress approach areas and be constructed to facilitate
the movement of handicap individuals thru this area. Revise plans
accordingly.
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TRC Comments/Engineering Memo No. 93-306
October 26, 1993
Page #2
4. Pursuant to State of Florida Access Management laws, the
applicant shall provide the Office of the City Engineer a Letter
of Intent issued from the FDOT indicating preliminary approval
of the ingress approach along Boynton Beach Blvd. Additionally,
the applicant shall provide the Office of the City Engineer with
a Palm Beach County Permit to Construct within the Rights-of-Way
required for the ingress/egress approach connection at the north
end of the proposed site at Old Boynton Road.
5. The applicant shall provide a copy of a State of Florida DOT
permit to amend the turn lane, reference the removal of existing
curb and gutter and construction of the transition area (extreme
southeast corner of project at Boynton Beach Blvd.).
6. The depicted pedestrian crossings are shown in "yellow" and
shall be modified to depict the color "white".
7. The extreme north end of the pavement area is devoid of perimeter
post-mounted lighting, therefore, the applicant shall depict
lighting in this area in such a manner as to avoid the creation
of glare along the adjacent rights-of-way.
8. The applicant shall revise plans to depict swale area along the
east rights-of-way of Old Boynton Road (along property lines) to
be developed into a standard swale section, fully sodded and
irrigated. Revise plans accordingly.
9. The handicap stall depicted on sheet SP does not comply with
State and City standards. I recommend the applicant obtain a
copy of the Department on ~ommunity Affairs Accessibility
Requirements Manual.
10. The applicant is herein advised that the 1000 watt metal halide
fixtures mounted on 251 high fiberglass poles may generated
excessive glare and result in the site being too bright. The
applicant shall submit photometric data and such photometric
data shall include the portion of public rights-of-way adjacent
to this site.
11. Pursuant to City Code of Ordinances, all areas affected by
drainage shall be fully sodded. Revise plans accordingly.
12. The applicant is herein advised that should the depicted dry
retention area designated as "area available for future development"
result in this area being developed with additional structures, etc.,
a formal stormwater drainage plan shall be submitted in order to
ensure compliance with City codes relative to stormwater
management.
/' -
/'-
TRC Comments/Engineering Memo No. 93-306
October 26, 1993
Page #3
l3. Pursuant to City Code of Ordinances, specifically Chapter 5,
Section 5-l40(a), "..provide a maximum degree of safety and
protection for the public...", shall provide information to the
Office of the City Engineer regarding what measures will be
utilized to protect the general public utilizing the outdoor
eatery area from errant vehicles along Old Boynton Rd. and
Boynton Beach Blvd. (ie. guard rails, bollards, etc.)
I recommend that this plan move forward to City boards with a
favorable recommendation, subject to compliance with these comments.
VAF/ck
cc: J. Scott Miller, City Manager
James White, P.E., City Engineer (as discussed)
-/7 -
BUILDING DEPARTMENT
MEMORANDUM NO. 93-215
October 27, 1993
To:
Tambri Heyden, Acting Planning Director
Via:
Don Jaeger, Building Official
From:
Al Newbold, Deputy Building Official
Re:
TRC COMMENTS
2nd Review - Major Site Plan Modification
Project - Checkers Drive-in Restaurant & Detached
Rental Building
Location - N. E. corner of Old Boynton Rd &
Boynton Beach Blvd.
After reviewing the submitted plan documents, it is with regret
that, even though they have removed the two-story office building
from the site plans, most of our comments have not been met.
Item No.1, A - D still stand and, for further clarification,
attached is a comment sheet from Phil Sy from our Department and
Vincent Finizio from Engineering.
Item No.2, A requires that designated handicap access from the
street to the building entrance must be in compliance.
Item No.3, The building must comply with the Design Guidelines
for the Spanish/Mediterranean District.
Item No. 4 has been met in part by the elimination of the office
building. However, Item No.5 also referred to Comment No.4,
which may apply to the modular restaurant building.
Please be advised that, after 9/30/93, all manufacturers of
modular buildings must be certified by the State of Florida
Department of Community Affairs if their units are installed in
Florida.
Items No. 6 and 7 are both self-explanatory and must be complied
with.
Although some of these comments can be met at the time of permit,
unless the Planning Department has certified that Spanish/
Mediterranean guidelines have been met and sidewalks surrounding
this project will be constructed, this department would not like
to see this project go forwar rough the approval process.
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1'ERVIEW DRIVE. TALLAHASSEE. FLORIDA 32399,2100
LAWTON CHILES
LINDA LOOMIS SHELLEY
SecelMy
Co~ernor
August 11, 1993
Dear Building Official:
This is to.~nform you that Florida will no longer be a
:a:=sr :).f .t.he CC1U'cll of Sr.~tes on Industrialized Housing and /
Buildings after September 30, 1993.
The Council of states on Industrialized Housing and
Buildings was established in 1986 to facilitate the approval,
acceptance and installation of manufactured buildings between the
state of manufacture and the state of installation. Under the
agreements of this Council, the state of manufacture's approval
of a building would be recognized by the state where the building
was installed.
. .
The Department determined that the council system was not
working adequately and therefore, concluded that it was in the
best interest of both Florida citizens and manufacturers to
terminate its membership in the Council.
After September 30, 1993 all manufacturers must be certified
by the Florid~ Department of Community Affairs to manufacture
buildings for installation in Florida and their buildings must be
inspected and approved under Florida's system.
Documents Reauired for Permittina after SeDtember 30. 1993
An individual making application fer a permit to install a
manufactured building in your area of jurisdiction must submit
the following documents:
1. Plans approved by a Florida Department of Community
Affairs certified Plans Review Agency.
2. Energy Code form bearing a Florida certified modular
plans examiners stamp.
3. A current letter issued by the Florida Department of
Community Affairs granting the manufacturer approval to
manufacture buildinqs for installation in Florida.
EMERGENCY MANAGEMENT · HOUSING AND COMMIiNITY DEVELOPMENT. RESOURCE PLANNING AND MAN4GEMENT
-/7 -
Building Officials
August 11, 1993
Page Two
4. In addition, each building installed in your
jurisdiction must bear a Florida insiqnia.
Please contact me at 904/487-1824 it you have any questions.
Sincerely,
~~~t: u(...r/-
wrenc ~;an
Planning Manager
~nufactured Buildinqs Program
LHJ/bs
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~UiL~i~u DE~~~XMENT
100 E. Boynton Beach Blvd.
.P.O. Box 310
Boynton Beach, FL 33425
Phone: (407) 375-6350
PL.ANS R.E:VI EW C:OMM:ENTS
Name of Reviewer ~\L\'? ~~\ Permit *
Type of Review 5"\ (v~ Project ?\A~
Date of Review \0' 2.2- \c\~""""'" Contractor
The Building Department and other applicable City departments have reviewed ~
permit application and supporting documentation and have determined that ~
submittal does not comply with the City of Boynton Beach Code of Ordinances
described below (see attached sheets if applicable). Please rectify the plan~
comply with the code conunents and resubmit two (2) complete corrected sets of pJ
to the Building Department for re-review. If you have any questions regardir
comment, you may call to speak with the reviewer who made the specific commE
(The reviewer, affiliated department and applicable phone number are indicate,
the top of each comment sheet). If the comment cannot be rectified by a pt
call, a conference may be scheduled. If a conference is necessary, an appointn
is reconunended to assure that the reviewer is available. To expedite the re-re\
process, changes may be made by the designer to the permit documents at
Building Department. Proof of authorization is required prior to making char
to signed and sealed documents by anyone other than the design professic
responsible for the drawings. Timely approval of your project is based upon i
prompt response to the conunents. Please advise us if we can be of assistance
you in the re-review process.
****************************************************************************-
Comments rec'd. by:
Name (print):
'(signature) :
Date:
Comment
only_
Plans 6;
comment
Applicant's
phone *
Date called & caller's
initials: 1st
2nd
3rd
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-1/ --
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BUILDING DEPARTMENT
MEMORANDUM NO. 93-183
September 9, 1993
TO:
Chris Cutro
Planning Di
Don Jaeger, ~
Building icial
THRU:
FROM:
Al Newbol
Deputy Building Official
RE:
TRC COMMENTS - CHECKERS DRIVE-IN RESTAURANT & DETACHED
RETAIL BUILDING - 1ST SITE PLAN REVIEW
Per your request, the Building Department offers the following
comments for the above referenced project:
1. All signs must comply with Chapter 21 of the Boynton Beach
Code of Ordinances. Please rectify the plans to comply with
the following:
l
I
A.
Section 21-25 permits only 1 menu board, not 3 as
proposed, and allows a maximum height of 5 feet to the
top of the sign (see menu board on the front of the
bui lding) .
B.
Only 1 free standing sign is allowed for the site.
What about the signage for the retail building?
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C.
Only 4 directional signs are allowed. Five are
proposed.
D. Setbacks for all signs shall comply with Section 21-23.
2. Please show the following on the plans:
A. Handicap access from the street to both buildings.
B. Handicap ramp at the parking stall for the 2-story
building.
3. The buildings must comply with the Design Guidelines for the
Spanish/Mediterranean District.
4. section 1104.2.1 of the Standard Building Code requires not
less than 2 approved independent exits accessible to each
tenant area, serving every story, except in 1 and 2-family
dwellings. The second floor of the retail/office building
needs to comply with this requirement which will
necessitate an opening to be approved in 1 of the elevation
plans. Please show location for approval.
- ') ,1 -
_)C
. .
Memo No. 93-183 to Chris Cutro
RE: CHECKERS
September 9, 1993
Page Two
5. The restaurant is a modular building; however, comment #4
may apply to it as well.
6. There are no dimensions shown on the floor plans; however,
Section 1105.2 of the Standard Building Code does not permit
exit access corridors or hallways in excess of 20 feet.
7. Sidewalks must be provided along Boynton Beach Boulevard and
Old Boynton Road.
NOTE: The Building Department does not object to the Conditional
Use Request subject to our comments being met.
AN: bh
CHECKERS
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19-
MEMORANDUM
UTILITIES DEPT. NO. 93 - 453
TO:
Tambri Heyden, Acting Planning Dir~ctor
FROM:
John A. Guidry, utilities
;'
. ,/
Dl rector {f7/
l
DATE:
October 22. 1993
SUBJECT: Checkers Drive-in Restaurant - Second Review
Pleas"? be advised that none of our original comments hav"? been
addressed by the clans submitted for second review. My assistant
met with the project enqineer earlier this week to review desiqn
comments and provided a COPY of our standard criteria at that time.
All comments must, however, be addressed prior to buildinq permit
issuance, and we have no objection to this proiect proceeding
throuqh the review process.
In addition to the previous comments, the applicant will be
required to pay a capacity reservation fee of $790.02 to this
office within thirty (30) days of City Commission approval of the
site plan, or upon request for my signature on Dept. of HRS permit
applications, whichever occurs first.(Sect. 26-34(E))
Please refer any additional questions on this matter to Peter
Mazzella or Skip Milar of this office.
JAG/PVM
bc: Peter Mazzella
xc: Skip Milar
File
Assistant to the utilities Director - 0.5 hours
-_ "',L, -
-:/...-.1
Checkers 2nd Review comments
Page 2
4. On the site plan drawlng depIct, label and dlmenslon an off-
street loading space that does not Interfere wIth requIred
parking spaces and/or access aIsles.
5. The proposed SIte IS located In the SpanlshjMedlterranean
design district. Therefore, all proposed structuresjbUl1dlngs
shall be designed consIstent with the Spanlsh/Medlterranean
architectural des~gn theme requIrements speclfled In the
Community Design Code. Incorporate lnto the deSIgn of the
building the proper roof flnlsh element as descrIbed In the
design code or be granted relIef from tne specifIc deSIgn
requlre:nent.
6. The Community DeSIgn Code describes archItectural features
that 3re harmon1ous WIth speclflc archItectural themes. Each
theme contains a lIst of features of which fifty (50) percent
shall be incorporated 1nto the deslgn of the structure to achIeve
the spanish/Mediterranean deSIgn. An alternate method to
ach~eving the approprlate features is descrIbed ln the deslgn
code. In:orporate lnto the deSign of the bUilding/sIte the
appropriate architectural features and/or amenities that are
harmonious with the spanish/Mediterranean design or be granted
relief from the specIfIc deSIgn requlrement.
7. On the landscape plan modify the landscapIng proposed al)ng
both rights-of-ways that abut the proJect to be conslstent WIth
the species ident~f~ed in the Community Design Plan for the
Spanish/Mediterranean streetscape deSIgn. Note: Ensure that at
least 50% of the proposed streetscape trees along Boynton Beach
Boulevard and the shrubs/bushes materIal along Old Boynton Road
are native species. Add to the plant list the specIes of trees
that is represented by the CE symbol on the landscape plan and
show on the landscape plan where the (natlVe) green buttonwood
material that IS identIfied on the plant lIst (CON) wll1 be
installed.
8. On the site plan drawing dimenslon the width of the requ~red
perimeter landscape strip at the narrowest point along the east
property line. Note: MinImum width IS 2.5 feet.
9. Add to the minimum striping standard shown on sheet SP the
color of the regular parkIng space striping. Note: Black for
concrete and whlte for asphalt. Also correct accordingly the
color listed for other pavement and traffic control strlp1ng
shown on the plans and identlfled ln the Grading and Dralnage
Specifications found on sheet C3 and the Site speclflcatlons VI
on sheet C5.
10. Identify on the site plan and landscape plan the locatIon of
the decorative lamps. Also, speclfy the color of the proposed
fountain and wrought lron fence and gate.
11. Regarding the documents submItted to Palm Beach County and
the City of Boynton Beach, resolve the Issue concerning
resolution No. R91-62 and the ten (10) foot utILIty easement.
After this issue has become satlsfled, we recommend a new
resolution be passed to clarify Section 1 and 3 of the
resolution.
12. Place a note on the plan lndicating the area proposed for
future development shall require site plan reVIew.
13. Provide documentatIon acceptable to the Englneering and
Planning and ZonIng Department regardIng dedlcation and/or rIghts
of land for the area along Boynton Beach Boulevard where the turn
lane was extended and the new sIdewalk was added. These rlght-
of-way improvements are shown on the subJect property.
-It
Checkers 2nd Review Comments
Page 3
RECOMMENDATIONS:
1. Install the Sabal Palms proposed for each side of the north
ingress/egress outside of the requIred line-of-slght triangle.
Considering the mass of space each set of three palms (clumped)
will take away from the 11ne of sIght of oncoming vehicles, I
recommend locatlng the Palms outside of the lIne of slght
triangle to lessen the obstructIon of visibillty.
2. Installing tree species under the overhead wires along
Boynton Beach Boulevard that are listed ln the FPL catalog for
acceptable trees for InstallatIon under power lines and that sa1d
trees be compatible with the CommunIty Design Plan streetscape
species requirements.
3. Please correct the symbol that Identifies the natIve specles
to include all native species shown on the landscape plan. A
suggestion would be to identlfy the native speCIes on the plant
list instead of the plant symbol shown on the landscape plan.
4. That the color of the tables and possIble awning feature
above the tables be of a color that is harmonious with the color
of the building.
NOTE: If recommendatIons are approved, incorporate them lnto the
working drawings requIred for permits for the proJect.
MEH/jm
A:CHECK2ND.JM
-/1-
MEMORANDUM
Utilities #93-404
TO: Chris Cutro,
Planning & Zoning D
FROM: John A. Guidry,
Director of Utilities
DATE: September 15, 1993
SUBJECT: Checkers Drive-In Restaurant and Detached Retail Bldg.
File .777 - 1st Review
Staff has reviewed the above referenced project and offer the
following comments:
1. Irrigation to be supplied by well (City Compo Plan,
Policy 3C.3.4).
2. Backflow preventors to be furnished and installed by
owner (Sec. 26.107).
3. Show easement for new 6" watermain (12' minimum)
(Sec.26-33[a] ).
4. Relocate water services to come off new 6" watermain
(in green area) (Sec. 26.16[c]).
5. Consider utilizing existing 6" watermain near south
side of property.
6. No trees are permitted in utility easements (App. C
Art. VI I I, Sec. 9).
7. Palm Beach County Health Unit/HRS permits for new
watermain, lift station and force main will be
required.
8. Add note to plan sheet #C-2: "Onsite Lift Station and
Force Main to be Privately Owned and Maintained".
9. Provide Fire Flow Calc's: The water system shall be
designed to provide fire flows of 1500 gpm at 20 psi
for commercial properties (App. C, Art X, Sec. 16).
It is our recommendation that the plan proceed through the review
process.
If you have any questions regarding this subject, please contact
Skip Milor, 375-6407, or Peter Mazzella, 375-6404.
19b
xc: Cl yde "Skip" Milor
Peter Mazzella
File
Chief Field Inspector - 1.0 hr.
Asst. to the Director - 0.5 hr.
Administrative Asst. - 0.5 hr.
~ lc -
MEMORANDUM
POLICE ;:93-169
TO:
'rambri Heyden
Acting Zoning & Planning Director
FROM:
sg~. Michael Kirrman
DATE:
October 27, 1993
REF:
2nd Review - Checkers Restaurant
Ms. Heyden,
I have reviewed the plans as submitted. My earlier comments were
addressed.
I rec:)mmend that the plans be forwarded for further review by
Planning and Development Board.
.. ~;I - ( ) /' L ~. -~~ L
sgt~ Michael Kirrman
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- ,27--
MEMORANDUM
TO:
'114.1'1-115u:(, HE/bE ~
Chriatopaer ('l1tro,
. i I ~ ,.......L)
-:r c fI."J \"\.,, I v ~ ^' .c: ( '-
DATE:
/D/). Sly.3
Site Plan Review - New Site Plan - Amended Plans
Project: LJ..f~c kt~.S b.R(J~ f~ f(C"'/A~~,J.N\
Acting
Planning lnd
~
Zoning Director
FROM:
RE:
After reviewing the
referenced project
Department recommends
the Planning and
consideration.
amended plans for the above
the ~ J! (R ~A ,(0..) t- PA,t<( k ~
that the project be forwarded to
Development Board for their
This department will not be required to sign-off the
permit documents associated with the subject project.
rn
!I'lm
OCT ~ :: 19C1
C:AMEND1.ALD
1 f" -
-.5
RECREATION' PARK MEMORANDUM '93-430
TO:
Tambri Heyden, Senior Planner
FROM:
Kevin J. Hallahan, Forester/Environmentalist
" r" , } J
./1 ji
RE:
Checkers Drive-In Restaurant, Inc.
DATE:
October 21, 1993
The applicant has not stated whether the existing trees will be
relocated, removed or preserved on site.
The project should proceed with review by the Planning and
Development Board.
I will address this comment at the permit stage.
KH:ad
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LOCp....nON Mp...P
CHECKERS
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
CU~cltt/l..5 ~ p / c. U.
NOVEMBER 16. 1993
o
Motion
33. Proposed Ordinance No. 093-69
Lewi s operty
Proposed Ordinance No. 093-69 by tit
RE: Lan se Element Amendment -
"-
"
Commissioner Ka moved to approve
reading. Vice May~Aguila seconded
the v~ vote ~ 5-0.
34. roposed ':~lnance No.
Proposed Ordinance
posed Ordinance No.
t motion. City Clerk
RE:
ioner Katz moved to approve osed Ordinance No. 0 -70 on first
ommissioner Walshak seconded e motion. City Cler ue Kruse polled
ote was 5-0.
Description:
.A FIVE-MINUTE RECESS.
Checkers Drive-In Restaurant
Anna Cottrell
Checkers Drive-In Restaurant, Inc.
Northeast corner of Boynton Beach Boulevard and Old
Boynton Road
CONDITIONAL USE: The applicant is requesting approval
to construct a 785 square foot drive-in restaurant -
that has two (2) drive-thru lanes and exterior seating\.
on a vacant .96 acre site.
',,--
-
Project:
Agent:
Owner:
Location:
Vice Mayor Aguila noted that a Checkers is under construction in Del ray Beach on
Atlantic Avenue and 5th. The roof equipment is very obvious. He inquired if
the equipment on this proposed building will be shielded.
Chris Konc.l, Develocnent-Engineering, displayed a drawing depicting a 24"
equipment scr~. Vice'Mayor Aguila stated the equipment he viewed is at least
.!(
f"~ ~ 40" in height. Mr. Koncal said no equipment will be seen since it will be
\"~' j ';) sitting on a recessed roof. Vice Mayor Aguila advised that if this project
f~ passes this evening, there will be a condition for a shield as high as the
0~ -~highest piece of equipment. Mr. Koncal did not have a problem with that
condit ion.
.
Vice Mayor Aguila also questioned the east property line of this parcel. Ms.
Cottrell explained that title work has been done and a survey has been drawn.
It was originally part of an abandoned right-of-way for Old Boynton Road. The
Checkers side includes 25' of that. The property to the east is owned by
Florida Power & Light. The abandonment has been done and the property on the
site plan is under contract for purchase by Checkers.
- 27 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 16, 1993
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At one point, a buffer wall was included because the property boundary was adja-
cent to residentially-zoned property. When the title work was completed, and it
was discovered that 25' of the abandonment belonged to FP&L, the requirement to
erect the wall was eliminated because Checkers would no longer be adjacent to
the residential property.
Ms. Heyden referred to Page 10, Comment #11 of the back-up material with regard
to the abandonment. A resolution was approved by the City and over the course
of updating their tax maps, the County took off the abandonment and then put it
back on. Ms. Heyden confirmed that this will never come back and make it
necessary for Checkers to erect a buffer wall.
Vice Mayor Aguila referred to Page 4, Comment #6 of Ms. Heyden's memorandum. He
inquired as to how the exterior lighting was evaluated for glare or spill-over'
to adjacent areas since the lighting has not yet been done. Ms. Heyden
explained that glare is evaluated by the Engineering Department. If the illumi-
nation levels greatly exceed the minimums, it is assumed there will be some
glare. He asked if the Engineering Department will be insuring that no glar~
will be evident by the residents of the apartment. Ms. Heyden said staff is not
absolutely sure, but they attach a condition that lighting be shielded when
adjacent to residential properties. Vice Mayor Aguila does not feel the City
can protect the residents to the west from glare.
Vice Mayor Aguila referred to Item #11 on Page 5 of Ms. Heyden's memorandum and
pointed out that he was unable to find Chapter 19, Article II of the Code of
Ordinances. Ms. Heyden directed the Commission to Page 1958.5 (Conditional Use ~
section of Appendix A, Zoning), where the standards are listed. This contains
an error which needs to be amended. He inquired as to how staff knows this con-
forms to the standards in the Ordinance. Ms. Heyden explained that staff knows
this project meets the site plan review ordinance. She further explained that
photometries are not required at this time.
e
Vice Mayor Aguila stated that the site plan indicates future development. He
asked for clarification on what that development might be. Ms. Cottrell
explained that originally a commercial building was planned; however, when the
title work was done and the site came up smaller than expected, the commercial
building was eliminated. An evaluation regarding what would fit on the site
would be required. Ms. Cottrell said there is no retention pond on the site.
When it rains, the area will be wet for a few hours and then become green area
for the remainder of the time. The applicant does not know at this point if
drainage requirements can be met if there is future development on the site.
Vice Mayor Aguila asked for clarification on Comment #9, Page 16 regarding the
handicap stall. Mr. Finizio said this stall does not mirror the Florida
Accessibility Requirements manual the City adopted; however, it may comply with
the A.D.A. Mr. Finizio suggests flip-flopping the ramp. He said Tom Nicholson
or Mary Catherine Smith will confirm that the ramp can be flip-flopped either
way. Mr. Finizio agreed and stated it was only a recommendation.
Vice Mayor Aguila referred to Mr. Finizio's Comment #1 on Page 15 and asked
whether the law applies within private property. Mr. Finizio confirmed that it
does apply within private property.
The applicant has agreed with Mr. Finizio's Comment #2 regarding landscaping at
the "nose" of the traffic diverter and has a solution to that problem.
- 28 -
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-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
NOVEMBER 16. 1993
Vice Mayor Aguila is not in favor of this site for this project. He feels
lighting and glare will have a negative impact on the residents to the west. He
also feels noise will seriously impact the surrounding community. The biggest
issue to be considered is traffic. Although this meets County standards, this
is a very dangerous intersection particularly at the curve of Old Boynton Road
where everyone will exit the site. Two lanes of drive-thrus will be exiting at
this point. He feels a situation is being created for an incredible accident.
This plan is contrary to his understanding of his responsibility to concern him-
self with the health, welfare and safety of the community and he will not sup-
port the conditional use on this site.
Commissioner Katz is in favor of this project. He noted that the restaurants in
Boca Raton and Delray Beach do not have the black and white checkerboard which.
was depicted on the drawings. Ms. Cottrell said this project will have a white
.~ and off white tile checkerboard.
Commissioner Katz noted that the applicant is requesting the black and white. .
checkerboard on the sign. Ms. Cottrell said the 8' high monument sign will be
the conventional Checkers design. He will support the conditional use if the
sign matches the building. Commissioner Katz pointed out that the property in
Boca Raton does not have that type of signage and he asked the applicant to do
the same for Boynton Beach.
Vice Mayor Aguila noted that the Police Department had no concerns about traffic
in their evaluation. He inquired why the Police Department and Planning staff
did not address the issue of traffic. Ms. Heyden said there is a pOint of
acceptance staff had to realize. Development of the parcel will impact the
roadway system. With the driveway they have proposed, the parking lot variance,
if approved, and the State's conceptual approval, staff felt the applfcant had
done his job.
Motion
Vice Mayor Aguila moved to deny the conditional use.
THE MOTION DIED FOR LACK OF A SECOND.
Ms. Cottrell said this site has an irregular configuration. The traffic which
is generated by Checkers has a high capture rate of 40 percent. Special studies
have been done by Checkers in conjunction with Palm Beach County Engineering
Division. They generate a total of only 809 annual average daily trips. The
traffic associated with this use is almost totally off peak hours. Their peak
is from noon to 2:00 p.m. There is no impact on the morning peak hour because
Checkers does not open until 10:00 a.m. The dinner peak is much smaller than
the lunch peak. Other uses which might go on that site would have a greater
impact on the traffic during peak hours. Checkers has shown that it can meet
the Countywide Traffic Perfonmance Standards which the City has adopted.
Commissioner Walshak does not have a problem with the traffic. He is concerned
with the lighting. He asked for assurance that the lighting to be approved will
not have an impact on the residents. Mr. Koncal said the conditional use does
not require a photometric to be done at that time; however, as a condition of
Planning and Development Board approval, Checkers is perfonming a photometric.
The fixtures which are currently designed for this site are 1,000 watt fixtures.
- 29 -
.
~
V
MINUTES - REGUlAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 16, 1993
If the photometric suggests reduction of the wattage and the use of a shadowbox
fixture be used, Checkers will make those changes. They will do what is
required by the photometric so as not to create an overspill of light. They do
not have a problem meeting that condition.
Motion
-
Commissioner Katz moved to approve the conditional use subject to all staff com-
m:nts. Mayor Pro Tem Matson seconded the motion.
'"
'7l.P'"
~'
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",: !"'\.r~';r...( ~ Mayor Pro Tem Matson asked that the comments i ncl ude the
,/,-,,,,,. the discussion which was just added.
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photometric portion of
Mayor Hanmening pointed out the existence of a neon tube in the glass bloCKS on
the corner.
Vice Mayor Aguila asked Commissioner Katz if he would include in his motion the
issue of shielding the equipment on the roof. Commissioner Katz and Mayor Pro
Tern Matson agreed to that addition.
Vice Mayor Aguila again spoke of noise which will be generated from this use.
Mr. Koncal said the amount of landscaping which will be used on the site will
muffle a great deal of the sounds from the site.
Mayor Hanmening will not support this project for the reasons discussed at this 41
meeting.
The motion carried 3-2. (Mayor Hanmening and Vice Mayor Aguila cast the
dissenting votes.)
Ms. Heyden pointed out that the Planning and Development Board recommended that
the loading zone be deleted based on deliveries being from 7:00 to 10:00 a.m.
Motion
Vice Mayor Aguila moved that the City Commission accept the Planning and
Development Board's recommendation to delete the loading zone. Mayor Pro Tem
Matson seconded the motion. The motion carried 5-0.
....-
~
"
VII. PUBLIC AUDIENCE:
Leonard WeatherSDoon~~790 HE 2nd ~e. has liv~t this addr s for over
eighteen y~s. He has spoken wit~lic Works on~~any occasio s in an a empt
to get drain e in his area. He circulated photos ShG~ing the con ition of 's
roperty when t rains. He reported that at times, he'~ust walk th ugh almos
tw feet of wat~ to get to his house. Approximately te~,years ago, ales were
dug. e gets a g~at deal Of~T noff from th~ Four SeasonS~hich is loca d
behind s home. C y staff agr s there is a. problem in th area, but no ing
has been nee He re ested assis nce from the Commission.
Mayor Hanmenin asked if a 1tional sw s WOUld~~.~ Mr. Weathe
more swales will not help since his house is at th;~est point.
from the east, north and south drains into the easement-and across
his property.
.
oon feels
All water
the front of
- 30 -
BUIlGIHeFIIIESeCOl U
CHECKERS DRIVE-IN RESTAURANTS. INC.
AGENTS AGREEMENT
CHECKERS DRIVE-IN RESTAURANTS, INC.
Before me the undersigned authority personally appeared ROBERT
G. BROWN who being by me, first duly sworn on oath deposes and
says:
That he is the Executive vice President-Real Estate for
CHECKERS DRIVE-IN RESTAURANTS, INC.
That CHECKERS DRIVE-IN RESTAURANTS, INC. is under contract to
purchase/lease agreement on the following described property
to wit:
BOYNTON BEACH BOULEVARD
BOYNTON BEACH, FLORIDA
(SEE ATTACHED LEGAL DESCRIPTION)
That CHECKERS DRIVE-IN RESTAURANTS, INC. desires application
for site plan review approval, special exception, conditional
use and/or variance approval on the above described property.
That ROBERT G. BROWN has the authority individually or through
his authorized agent to consent to all conditions which may be
imposed upon the above mentioned petition.
That ROBERT G. BROWN has appointed CHRIS KONCAL OF CHECKERS
DRIVE-IN RESTAURANTS, INC. and BCS-WESCON CONSULTING, INC. to
act as Agent in his behalf to accomplish the above.
CHECKERS DRIVE-IN RESTAURANTS, INC.
~d51 ~ /3--
ROBERT G. BROWN
EXECUTIVE VICE PRESIDENT-REAL ESTATE
(CORPORATE SEAL)
Sworn to and subscribed before me this
day of ~ ' 1993
, ~;;;;
PUBLIC, STATE OF FLORIDA AT LARGE
......... EAL
...~~. OFFICIAL S
1_\ DIANNE M. AUSTIN
: ) My Commission Expires
\ J April 28. 1996
."~OI'Fl~" Comm. No. CC 197144
.........
~........f4...f/J.....,..f/J.,..,........f4..."1. P,O. BOX 1079. CLEARWATER. FLORIDA 34617-1079.813-441-3500
"
AOftO~tIA'1'XO. POrt CBlOllu D1\Xft..Xlf U:SfAURM't8, INC.
I '1'0 AC!' AS '\0""
.
I, ...6 AD1ENCE ,~QUITII;;S t Pic.. ET ~ ~. '.' 'w ~ ... _ , a.
owner of the I real e.tat. property d..oribec! below anet lao.tee! at
_!he norFlw.ast; corn,er of State Road 804 (Bovll1;..QP- Beacb ~0J11~v.u:dl._.and..._~_...+-_,
Old Boynton ~each Boulevard (SEE ATTACHED LEGAL)
~ .., v pq- ... lJIiI .IU ..._ j _._._____..f-.....-....--..~....-
(tbe "D..l..d Premi...") , ~iO bar.by OOftltlt\lte
;;S.Pp;S:ft~t 'n authc>rl..d r.pr...ntativ., ~<2l>!rt"G. Brq\t,.n". ....
i of (~lUCCKIR8 DRIVE-IN
... --....... , ....._-.+-..-...----*
Jttl''rA~S, lINe., to aot for .e artd 1ft my In.me, plac. and at.ad,
to do .1\4 p~rfor1l\ all aluS everythl.ftct wbeit80ever requl.l.te .and
1'l.1~"I.larJto lbe done in and about the l)emlfut4 Premiae. .. fully,
to ..11 int.nts an4 purpo.e., a. I J\\i9ht or oould 40 if per80nally
pr....nt, :,,1 ~h fUll power to llPp..r ~I).ttor. any munioipal
fJove'rnmel'1talJ authority with actmlnlstrativ",., advisory OJ:' qua.l-
ju4i.cial po ere fot' the purpose 01 Ob~~llin:l1\9 any approval,
authori latio~, licen.. or p.ms. t for the. ann.xation, eonihg,
.itJr~in9, par~ln9 and ..",oiliary deVltlop1l\ent ()f the Derni.." Premi...
rel"ttln9 to Ithe OOl'l8truotion or . CheoJeern Driv."ln R...taurant,
.e.i<l Demi..d ~r.mi... i>e1nq 1\\ore parelcularl~~ ~oa~rlbet'S as t,,110Wlu
I
! (8.. B1rbib:l. t "A" .t:taohea b'ItI:l~.tO)
I
:'f1J. IN "%'1'N.88 WHIREOr, :r have bereunto eC!at. IlY hand aftet ....1 .the
~ day of _~ u~ , 1912-
I
dl!la:Le4 and Delivered in the
P:C'.i..no. ot. I
------~., I~_~~.._-~--~-_._.._---_._-
"2~il'lt.d Nattl..1
I ........-.. T ""-
ESTATE OF R. MARSHALL BROWN, BECEASED
."........
By, (:~~fKdz(f5z?1J!zJ _
DONALD M. BROWN
Personal Representative
!
----,- -.-... .. .......... ..-...----...... -... ...-..---..
pril'lteO Narne I:
S~rA tz 01' ....J..E;JN,~YL V AN~A
COUNTY OF JL.4EGHEN':.L
l
'rhe fOr~qOin9 bu,trument va. aoJtl\ow14!tcS,C}'.d before tn. thl- L.s:T~
.. tlSa,y ~ :
_ l1.J/Yf.L , 19 93 by llilliALD M. BRQli~.!LI~S.2.A&.g~E...r.~.E}E;t.a!..ive
..2.LESTTE OF R~ MARS,!!ALL BROWN, _DEC~~~~~____, ti ~ 0 i. per e 0 1\ all y
):ll'lown to .. ~r wbo baa. produoed _ ___ ."",..... ~._.... ,.. _
_________1..____ as 1dentl flcatlot'l ,;,nG WhO 4:1:4/1214 not
tllke an oat.b.!
Notarial Seal
Sharon A, Vietmeier, Notary Public
Baldwin T,...p., Alieghc;:f CJunty
My CorrTlission Expires June 23, 1994
Member. Pennsylvania Asoociation of I ;Qtanes
~~,..
NOTARY PUBLIC
i
M:r c~o1ftlfti.fJio~ EXpires.
;
,
.
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aVftO~t.A"IO. POl OIIIOIIU J)lr"oIoI.ItJ!:lf~0RAJft'8, tNC,
I '1'0 Act' U "811ft' "
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I, ADIENCE E UITIES, INC. ET , ..
own.~ or the real ..~.t. propetty d..oribed below and loo_tea at
_ the northeast corner of State Road 804 Bpyntori B~a<rh->>-o.p.J.~~1!tQl..iID.iL_....._
o d Boynt~ Beach BOll evard (SEE ATTACHED LEGAL)
~ .... 1 -4 \IIllI ....-..:I!I...4. 1 r - ,_..-.-...........-..-....~
(tbe "D.....a 'r..i...... , diO ".r.by oon.ti tute
;;;S app~s."t .in authorl.." representati.., ...Rober;t G. Br;Qwn .
i 6f CflBCIBR8 DRIVE-IN
............ , L1 L _ -..._......-...- ____
.18'1~S, :%"0., ~o aot tor .. and 1ft .Y name, plaoe an4 .t.a~,
to <<10 an4 Pt:rfOn\ all al'l4 .vlrythil'lO .bl.t.Olver refl\ll.it. an4
1UIG...llrJ :to b. 4on. ill ab<< about the 08mi..4 'rota.. .. tully,
to I,ll iftt)en . an4 put"po..., a. I 1lli9ht or coul0 do if per.onal1y
pre'lent, :wl~h fUll po..r to appear betore any lnunl01.p.l
90Y'II'Mk.l'ltial~ autbority "i~h actmlnl.trativt, aevleory or qu...!-
,uC!j,01al. po ere for the purpo.. of ob~l;lli"S.1\9 any approval,
auttlorl..tlo , , licen.8 or "nl t for the a1'lne.atlon, lIon1n9,
.i9rtlft9, par~in9 and aboillar)' d.vDlop1l\ent of 'the Oe1\\i..el5 ?re.l...
r.llt~iIl9 to ~he ooft8truotlon Of . Ch.oJeerll Dri"."ln a..taurant,
.ai~1 D."le.a premi... 1>.1"9 more p.rtioul.rl)~ d..C'rlbeG a. fol10..al
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(e.. .nib:l ~ "AIt at:tao1l.& bl.J~.tO)
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IN _XrNtS8 WHIREOF, J bay. hereunto eat ~y band aftd ...1 .~b.
.::;.... day of .. j,1i~ t It..2J.
8ea:le" and Delivered 1ft the
pr.i..no. of. I
Pr"7;;t;GN;;J--~---------
~ ......-.. T ___
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-- P<I"I_~'_'_._., .....-........ ...__~_.__..._.__&.
Pril'lt.~ Na1'l\el' J
: I. T
8.1~TE 01' ~+~CTICUT
COUNTY OIP .......-1
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'the for~'tJOin9 i..etrtlmellt va. aokt\owUu5,gea before .. thle 77i
.. dl.y Of~ f
-: :t=' 1. 93 by. J,AMES W. HART ~~~.~_~._.._._,.._._,~
_. !----,-- ~ .__, w)\o i. p.reo"al1y
known to .. ~r Wbo"~' prbd-uo.d _ :-. .. ... -.. _~.. _';.
:s::-~~-+ - ~-1"'IIU fl oa t.1 011 .'b<<.... Wfto. tic.I~ ili-
t.~ ~.~.!
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aUftO~tIA'1'IO. POl ClllOIIU J)J'(IYI...tll 1tI:1S.,~UJWft'8, INC.
r If'O ~C!l U J\on"r
,
1 , ......, .... ' ..
OWlier of the r.al ..tate pl'ope1:ty d..cribel! below and looated at
__-lhe nor...t~ea~t cOlin7r of State Road 804 (Boxnton ,~~~~'l!.~.Y.!:!-F.i!L.m.:.cJ-.~....~._,
Old Boynton. Beach Boulevard (SEE ATTACHED LEGAL)
~ ON 1 pq-"1 """1'-- , __.____...t-....-...,...-.........~....
_____ "- _ .> . __ (the "08.1..4 Pr."'I..... t , t1iO hereby oonlltitute
a1\4 appoint an autbort..d r.pt'.fJ.nt~ativ., ...!.ob~!t G. Br2~' . "" m
i 0 f (:! lUI C J( B It 8 D R I V !l ... I. N
............... . _ J L JIlt, b. .. - ---"'" -.......--....- --'
l!I'TAtfRM'lCS, IINO., to aot for .e erld in ray n,ama, plaoe and at.ad,
to do an4 p!rfOrrA all ahd .v.rythl"~ wbeitsoever r.qu1.1 tean4
ftfU~I..arJ to be 40ne 1n and about th. Demitlcl4 Premia.. .. fUllY,
to 8.11 11'1ten .. an4 purpo..., .. I "ti9ht or could do if per.onaily
pr..:.nt, :wl~h fUll power to Appear ~1:'Cttor. any wnunlot.pal
,0'~elrhm.l'ltalJ authority with actmlnlstJ"ativelp aavi.ory or qu..i..
jutUolal po er. fot' the purpose of ob~t'iini1\q any approval,
autllorll.tlo~, lieen.. or permit. for the. aranexation, lIoning,
.i9r~ln9, parJ(lng an4 .t'lc!11ary d,v..lopm.ent ()f 'the Dem1.." Premi...
relllt.lnc; to luu!I oo..."truotlon Of a C'hec'J)certl Dri V.'" In Ite.taurant,
....1<1 De1'ftt...d ~r.mi..a beinq mor& partiou1arl1" t!eaOl'lbed .a t0110"'''.
I
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"J'ri+ IN WX'l'NtB8 WH!REOr, :r have be reunto '1!lt. I\Y 'hane lnd ....1 .the
_.:. .say of _ 1 JI.JN t!" v , 19,.2}.
i
8ela:la" aJ\d Dettv.rel! in the
pll:'.:.,no. of. i
nrZ!~ R-:-C.:0~~---
I .-.....- F ...
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_. - ..._~..;_ _..... ... ,........._ ..._..____"'. e"~, ..._.___.
I>J~int.d Name f
: ............. I J T r p-
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8~.r~rl!: OF .....2]~~YLVANJ;A
C()VNTY 0' 2.~GHEN'~,-_
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'1'he for&qoing- in.trument wae aokt\owlf~c!l.9.4 before III. thi8 _ -
.. dl.y of :
JUNe: 1'"
I , 1t' 9~
I
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known to.. ~r who hae.produoed _
, as
---~-~...-_.,..._--
take an oath. j
!
My I:)ommi .fJio~ EJtplre8.
~...:./:'~'!_.~_Z'_~CZ'l(.,-_~.. _.
by _.DOMINIC PALOMBO.______ _,_._.._ ._..._,_._
_____________, '" to 0 i s P . r 8 0 Ii a 11 y.
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aOftO~tIAlJ.'rO. POll CIIICDRB 01\1....1. RI!:8'~DJWft'8, XNC.
i '1'0 A~ U J\oJrlft
,
I, IENCE E UIT ES, INC. ET AL . .. ---, ..
OWJ,ar of the real ..tate property 4..or1bec! below and looated at
_th.e nor~!;1.~~s~ corn,er of State Road 80~, (Bovy-.tqn B~~~JJ.l~y.p.t.Ql...and,.,_'n...'~'-'
Old Boynton ~each Boulevard (SEE ATTACHED LEGAL)
~ . _ ~ 1 .. pq L Dl 1 -.-. ''-'-..-.... -..., --_....--.......
(the "D..l..'" 'r..i.....), \1iO h.~.by o01\l!Ititut.
;;;-;PPo1;i 'n autbori..d repr..entativ., _._R~~ert G. .B..rown co, I
i t)f (~HBCIOllRB DRIVE-IN
............. _.._ l:. (, , .. .. --..... -.,.....--...- ---'
.t9TA~S, lINe., to aot for .. .r.4 ift my name, plao. .n~ at.aa,
to do .~4 p!rfom all aft4 everythift9 wbl.tsoever requl.i tean'"
ft.I~I..llrJto be clone ill and about the I)emhl..s 'remia... a. fully,
to ..11 il\ten . an4 purpo..., .. X "d,9ht 01" Qou14 do if per.onally
pre..ent, :"i ~h fUll power to ~pp.ar :~14ttor. any ,"unlol.pal
qovI,rnm.e"tialJ authority with adl\'\int..trativiSI" aevieory or qua.i-
jut!lt,olal po er. for the purpose of ob~~lIinift9 any approval,
authorllatiO*, lie.ft.. or penl\lt for the annexation, Eonin9,
.iqr~11l9, par1(lnq and .",oillary d.v..l0p1ftent. of the Dem1..d Premi...
rell~ttlnCJ to ~h. OOl\8truct:l.oft Of . Ch.OJeere. Drlv....ln a..taurant,
..1<1 De1'At,.." ~r.lIli... beinq more partioular11t c'..ClIt'lb.~ as follOW...
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IN WX~88~2REO'. J heve hereunto
J!.lIh day of -;""7;tJ. , 192]- .
81lIa:Le" antS D.iiv.r.~ ift the
Pk'.i..no. of t I
~~~Jt~-:rQ-
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eClat. I\Y band .f1l" ..1\1 .tb.
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Prr:~*;,;: .";&,;;';..-.
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1~.l'~TB 01' ~~t1SXLVf\N~~
C()UNTY 0,. ~
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'1'he tor~9oin
~ d I,y 0 f ~
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ADIENCE EQUITIES, INC.
a Delaware (fo~'on
~::::i;:~t-OO~_L. ..~...__._.._--
WILLIARD M. BE LOWS, President
~:(poration. I
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known to Ill. or wbo baa. produoe4 _ ___,~. .. ~ . __._.... "
I
___.-......._._~, as 1denti fioatlon <<uIC5 WhO Cl:h\:/di4
tllk. an oath. i
My C~OlftJd.fIJiO~ BX~ lr.."j1esL.~i~;~~:~:I~~~'laryPUbliC
: Pittsburgh, Allegheny County
: My Commission Expires May 18, 1996
I
!.' ~. . . . H _ " _ .. _ . . . . _ _ _ _ .. . . . _ Member. PenosylvaniaAssodafion of Notarie6
instrUment va. aokt\owloc5,984 before "'. tide ~
WILLIAM B. BELLOWS, as President of .
by ~,ENCE EQUI~!.~..!-~!!~:.!.. ~E:.2-.<;.~.a.;~_..._._._
__________, " h 0 i . P . r .. 0 Il a 11 y
19.93
,
.. ...........
not
. (SEAL)
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aVftO~tl~'1'IO. POll ODeDU DREg--XII U:S'AIJJWft'B, IltC.'
: IfO Act' U 1\(J8lf'1'
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own.to of the real ..tat. prop.~ty de.oribefl below and looateO at
--She nortl1.~asq corner of Stat7 Road BOt (BoynJqn Bead}. ~oJL.J..E;.Yfn:<!L.IDlg._.__._._
Old Boynton Beach Boulevard (SEE ATTACHED LEGAL)
- ....... .L , ......, b... Ii{ ......... -. ~_.-.... ...... --~...............
(the "D..1..4 Pr.1II1.....), "iO bar.by ooftltitute
;;;- apPOlftt an authorl..d repr...ntatl.., ... Robe;t G. Br~wn.
i Of cREel_as DRlVB-IN
-.-...... .. f II -.-....-....--..--.-.
1!8!A~8, lINO., to aot for .. and 1ft .Y name, Plao. and *t..<<,
to ~Io .,,4 p!rforlft all anet evel"fth1b9 wbe.t80ever 1'.'1\11.1 t. anet
1'l.o...arj :to b. done 111 and about tbe Demhl..s 're.i... .. rully,
to '.11 11l!)." . an4 purpo..., a. X Jlti9ht or coultl do if personally
pre'lent, :...1*" fUll po"er to appear bettor. any tnun1ot.pal
't)V"r1lJb..l'ltal~ authority w.ith a4mln1atratlv8t, aevleory or 111"...1-
,u4!.olal po ere for the purpo.. 01 obtall'll1\9 any approval,
autttOrl..tio" 1io.I\.. or "mit for tbe annexation, l:onln9,
.if/f.inq, par~in9 ane! .,,0111ary d.~.loP't'.nt of t.he DeJ\'\l.ed Premi.e.
r.l..~in9 to !the ooftstruotton Of . Cb.c>>ter8 Drive-In .e.taurant,
.al<1 De1ft{..4 ~reml... betn9 .ore p.rtloul.rI1~ "...crib.a a. 10110"'.'
I
I (8.. BII:bUd.t "AN at:taob.4 Ill/tlr.to)
IN WI 88 WHIREOr t r bav. b.r.unto 8Ctt. It)' band .,.4 ....1 .1:be
~fiv 4ay of / I , 19.,2..3.
, .
8ea:La" .nd D.ilv.rec 11\ the
~O. ~ ",I . _-,,-_______
'h.' hit. N..tn.t~ E.tJ~ -..JI/IIO~5€J{_
'11f~~: .
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Prlnt.t1 N-;~f-NA,r.~Y-~4i1N 7N&
8'tAra 01' ..JAJ~XLVANIA
COVNTY OP ~~fGHENY _
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~h. tor~901n9 inetrument va. aokftowludqed b.fore e. thla ~
.. <<h.y of :),,:
- ~-1~, 19 93 by .FRANCIS ~gQRI~~.....~~~~P_.~..:. ,~?!~:~~o
- (I! ~,~ ___, tr J\ 0 i . p. r .. 0 " a 11 y
Jtnown t.o 1ft. fr who bee. produoed ~--UJv .~.<z.er~ r-. _ ....._
--------~. _ .8/-..1unu. t.1cAtlo..h._ ~,.nd Who ~/~tC1 not
take an oath. i ~ ,J.. '" I
: Anl(., . .,....'. .... ~
: I I .,:; . . . (
My f~OIM\ t ...1 O~ Expire 8 11~!8i~i~,~,(;,,::_ ,......, .0. _ _ c" .'J ; '~':;:;"\J)
.
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.,....... 1 ,
Jl- /UZf~ U;z. II l{;,;;;;;'t,;
FRANCi'S--A:-XSTORINO.' 4 _h._ ..-...---.---
'l4d ~ 4r~~
M~RED S. AST~NO
_.._,-,-----_.__._-~-...............~~._._-
~J e L.-.'1AP--<l..../ .
NOTARY ptTBtlt-vL'::=-'::'=--_. (SEAL
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AOftO.ttIA!'IO. POI't CUCDRS'I>RIVS"'III U:S'A0IWI'l'8, lite.
I 'l'O A(!IJ' .u JlOaft
I, ET Ak.... '.. ,... , a.
owner of the real e.tate prop.rty (le.cribell below and looate4 at
_th.e nQrt:lu~asq corner" of State Road 80~, (Boynton Be;.,~..h...!!2~.e.Y.~L~L~n~....____.,._._.
Old Boynton ~ach Boulevard (SEE ATTACHED LEGAL)
~ -.. I ~ .. I:j. .._~ ". ~._..'~"'._~.._."'__"""'_"''''''
___.. . r. > , (th. "DeI'41..4 Pr."'!.....l, c1iO her.by oonlti tute
anc, appolftt .in autbori..4 repr...nt;ati.,., ..RQb~r.t G. B:rQWT."- ~."
i Of (~~HBCICIR8 DRIVE-IN
.........- A"W' TJ' 1>."" ..__...._.........-.-...---...
Jt!I~'rAtmAN'J:CS, lINe., to aot for .. arid 1ft lilY name, plaoe an4 .t..~,
to do anc1 p!rform all and 8vel'yth1ft9 wbelt80ever requ1.i tean4
ft."..allrfto be done In and about tbe Oemlfu.4 premis.. .. fully,
to 8.11 1n'ben 8 .n4 purpc..., ..a X llli9ht or could d~ ! t p.rso!\!111y
prez:ent, :"1 ~b fUll pow.r to Ilppear ~I)tttor. any lI'lunio1,pal
9oVI,r."".ntalJ. authority with adft\ln18trativ." aGvieory oX' qua.i-
jucUolal po ar. for the purpo.. of ob~tlllt\i1\CJ any approval,
authoril.tio~, license or p.mlt for th.. annexation, !onbu~"
aiqll!.n9, p.r~11\9 and ""cillary dev..lopment ()f 'the Deml..d 1treml...
r.ltl~in9 to ltbe oo.....truotlon Of .. Ch.okerft Drive.ln ~.8t"ur..nt,
....1d 0.11\1..4 ~%:'.ml.e. beinq more pareioularl)" de.orlbe4 .s followa,
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I (8.. B1r'blb:l. ~ "A" at~t.ob.4 hil&tJ~eto)
I
I../...Jt.. IN "X.'1'Nt.sB lIHl!RllOr, r have her.ullto nt. III)' lIall4 aM ....1 the
..J..C.J. day of ~-( " , i'E. .
S"'a:Latt and Delivered in the
pk'.l..no. oft I
~t~~~~.-:'7,:-;T sZ-;;-;^--0 l, p, ..,
i -Mik'i~~ ...~..
~-tt~.~___._.._.. .._..__.. GRETCHEN.
1> J:' i n te <S N am e z: ./)//1 AI. tf E,;)/(7 /'1+'
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8~l'~T!: OF ~~f;tj~SYLVANIA
C()UNTY OP .......!l:LEGH~.:
I
'lbe fOl'~90in'1 instrument va. ao1tt.ow14!t~,9.4 before 1ft. this _
~ tj.,y~ ;
-0 ~Ji -"', 1. 93 by ..... GRET~.~___~9!~~_.. ~_,__.._ "_..._,_._
--. I ---__________, " h 0 i . P . r' It 0 n a 11 y
known to lIIe ~r wbo ha.. produCJed _ ___... , ___.... " __
--______~,---~ as 1cSenti fio.at1oh tU,a
tll)ce an oath. j
, I
My I~01Mlt ..10~ Expires, lJvJJ J .:2& /19'
. ~7f /
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Notarial Seal
Jeannette M, Mi~, ~ Pl.tlIc
NlMV~aCa~99t(S A;L
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~~epared ~- 8hw nturn ~~.
_ .. I NEp IL E. NaoMA" It.LAlfo '
.,) . o. Bo:lr, I-
Delray Aeach, FL
33444
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ESO.
....
WAItAAN'l'Y DEED
TRIS INDEN'l'ORE, made this 27th day of November ,
1980, between ROBERT BURGESS, JR. and B. NISSEN BURGF.SS, his Wife,
of Palm Beach County, Florida, qrantors ~ and B LI, INC., a pennayl.-
vania corporation, as to an undivided 61.2' interest, DOMINIe P~,
a married man, as to an undivided 9.7' interest, FRANCIS A. ASJPRINO
and MILDRED S. AS~INO, hi. wife, .. to an undivided 9.7' intereat"
JAMES w. nAJtT and JOANNE JQUrr, his wife, aa to an undivided 9.,7\
interest, R. MARSHALL BRQlftI, a sinq1e man, as to an undivided 4.85'
interest, and GRETCHEN F. BRQ!fN, a sinqle woman, as to an undivided
4.85' interest, qrantees, whose raailinq address is c/o R. Marshall
Brown, c/o Neville Lime Co., 615 Iron City Drive, Pittsburqh,
Pennsylvania 15201.
WITNESSETH, that said qrantors, for and .in consideration
of the S\Dll of Ten'Dol1ars, and other qood and valuable considerations
to said qrantors in hand paid by said qrant..s, the receipt Whereof
is hereby acknowledqed, have qranted, barqained and sold to the Aid
qrantees, a'fld qrantees' "eirs and assiqns forever, the followln<<}
described land, situate, lyinq and beinq in Palm Beach County,
Florida, to-wit:
PARCEL 1
The East Half of the SOutheast Oaarter of the SOuth-
west: Quarter of the SOutheast Ouarter of Section 20,
.Township 45 South, Ranqe 43 East, lyinq SOuth and
West of the County Road riqht-of-way.
PARCEL 2
~o (,,; ,,~.',
The west OUarter of Lot 8, LESS the East: 3 acres
thereof, lyinq South of Boynton Road, section 20,
Township 45 SOuth~ Ranqe 43 East, accordinq to the
Plat thereof on file in the office of the Clerk of
the Circuit Court in and for Palm Beach County, Florida,
in Plat BoOk 1, paqe 4r
LESS riqhts-of-way of record as to both parcels.
LESS from both parcels that certain parcel of land
more particularly described in that certain Order of
Takinq recorded in ....C.C. BoOk 86, paqe 482, to-wits
Commencinq at the SOutheast comer of section 20, .
Township 45 South, Ranqe 43 East, Pal. Beach COUnty,
Florid~J run west.rly alonq the South line of said
Section a di.tance of 1625.58 feet, thence N 01. 38' 09- W
a diatanc.of 15 feet to the POIN'1' OF BEGINNIRG, thence
continue N 01. 38' 09- W a dinanee of 58.55 feet, thence'
S 89- 59' 53- E a distance of 166.80 feet, th.nce ROO.
00' 07 - E a distanc. of 48.61 feet to a point Oft a curve
'concave to the Northeast, thence on Aid curve, havinCJ
a radius of 527.47 feet, a distanc. of 170.16 feet
throuqh an anqle of 18- 29' 09., thence S 88- 02'
36" W a ':iBtanc. of 304.40 feet to the POIN'l' OF
BEGrlNING, accordinq to the Right of Way Map of
Section 93640-2175, Stat. Road 9-804, as fil.d in
the Office of the Clerk of the Circuit Court, Palm
Beach County, Florida.
SUAJEC'l' to ....ment., restrictions and reservations
of record, matters of IlUrvey and that which a perllOnal
inspection would discloser zoninq ordinances and
qovermnental requlations, riqhts-of-way of record, and
taxes subsequent to December 31, l'r.~.
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and said grantors do hereby tully warrant the title to said land,
and will de tend the same again.t the, lawful claims of all pereon.
whomeoever.
IN WI'l'RESS WHEREOF, Grantors have hereunto set their
hands and seal. the day and ~ar first above written.
~)( ~7d-
(SEAL) .
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day before me, an officer. duly
qualified to take acknowledgments, personally appeared ROBERT BUR-
GESS, JR. and B. NIS~N BURGESS, his wife,' to .. known to be the ,
persons described in and who ex8C1rted t:he f0r890in9 instrument. anc1 -
acknowledged before me that they executed the same.
.
WITNESS Illy' hand and o"fficial _al in the C9unty and
State last aforesaid, this .:1.L day of ~~ 1980.
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"'t.~:'-MI.l '. .:iilflfD
PAl.M BEACH COUNTY. FU .
JOHN B. DUNKLE
CURie CfRCUIT COURT
EXHIBIT "B"
DESCRIPTI(JIf
THAT PART OF SECTltI'<I 20, T(Uo.ISHIP 4~ SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS.
CtH1ENCE AT THE SOUTHEAST CORNER OF SAI D SECT I ~ 20 I THENCE
S.88002'21-W., ALtI'<IG THE SOUTH LINE OF SAID SECTION 20,
1631.39 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE
OF A FORTY FOOT ROAD AS SHOWN ON PLAT OF SUBDIVISION OF SAID
SECTION 20, AS RECORDED IN PLAT BOOK 7, PAGE 20 OF THE PUBLIC
RECORDS OF PALH BEACH COUNTY, FLORIDA. THENCE N.Oo49'09-E.,
ALONG SAID EAST RIGHT OF WAY LINE, 73.84 FEET TO THE NORTH
RIGHT OF WAY LINE OF STATE ROAD 804, AS SHOWN IN ROAD PLAT
BOOK 2, PAGE 220 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA. THENCE CONTINUE N.oo49'09-E., ALONG SAID EAST RIGHT
OF WAY LINE OF THE FORTY FOOT ROAD, 33.00 FEET TO THE POINT
OF BEGINNINGJ THENCE S.44010'~1-E., 27.89 FEET. 'THENCE
S.890~9'~3-E., PARALLEL WITH THE SAID NORTH RIGHT OF WAY LINE
OF STATE ROAD 804, 143.67 FEET, THENCE &.8~002'51-E., 10..26
FEETJ THENCE N.ooOO'07-E., 37.43 FEET TO A POINT ON A CURVE
C~CAVE NORTHEASTERLY WITH A RADIUS OF 527.47 FEET, A CENTRAL
ANGLE OF 3013'44- AND A LINE RADIAL TO SAID CURVE BEARING
N.44o~e'34-E. <SAID CURVE BEING THE EXISTING T.I.I.F.
RESERVATltI'<I LINE AS SH(U\I ON THE SAID RIGHT OF WAY HAP FOR
STATE ROAD 804 AS RECORDED IN ROAD PLAT BOOK 2, PAGE 220>,
THENCE NORTt-LJESTERL Y, ALtJ'.IG THE ARC OF SAI D CURVE, 29.73 FEET
TO A POINT OF TANGENCY, THENCE N.4I047'42-W., 225.01 FEET TO
THE SAID EAST RIGHT OF ~Y LINE OF THE FORTY FOOT ROADJ
THENCE S.oo49'09-W., ALONG SAID EAST RIGHT OF WAY LINE,
205.90 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING O.SI' ACRE.
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_ 2 OF 3 -
DESCRIPTION:
~
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YRt:EL ". '~(N::) 0' BilE., SUI T E R & 0' B R I E I, II C .
~~.n: " -, "ENGINEERS, SURVEYORS, LAND. P~NNERS .
~A',,~.t. B · 1'~~7 . S~.//: 2601 NORTH FEDERAL HIGHWAV, DELRAY BEACH. FLORIDA
OAt(" . . .
J~Y.8! /9:J1tt:J 5#Eer ,2'&1/ ,e ~, A/,,v&,
"W/t'"P pr,c~// fl-''</'. tI/;if1 /, z 4'00... ""I 0.0<<' "O':i1t?-/~
. . '.P~ ._ .94
That part or Section 20, Township 4S South, Range ~3 East, Pelm
Belch County, Florida, described as follows:
Commsnce at the Southeast Corner of sald Section 20, thence
S.88 02'21"W., along the South Line of said Sectlon 20, 1631.39
feet to the easterly right of way line of a forty foot rOBd as
shown on plat of Subdivision of said Section 20, 8S recorded In
Plat Book 7, page 28 of the Public Records of Palm Beach County,
Florida; thence N.O 49'09"E., along said easterly right of way
line, 312.74 feet to line 50 feet southwesterly of and parallel
with the centerline of Old Boynton Road and the Point Of
Beg1nnlng;thence S.41047'42"E., along said parallel line,
225.01 feet to 8 point of curvature of a curve concave
nort~easterly with a radius of 527.47 feet and R central angle
of 3 13'44"1 thence aOHtheasterlY, along the arc of said curve,
29.7~ feetJ thence S.O 00'07"W., 37.43 feet; thence
S.85 02'51"E., 140.3Q feet to a l1ne 53.00 feet north of and
parallel with the centerllne of State Road 80Q as shown on the
right of way map recorded in Road Pllt Book 2, page 220 of the
PublAc Records ~f Palm Beach County, Florida; thence
S.89 59'53"E., along aaid parallel line, 45.67 feet to a point
on a curve concave to the ngrtheast with 8 radius of 368.97
feet6 a central angle of 23 41'37" and a chord bearing
N.5) 3S'30"W.; thence northwesterly, along the arc of Bald
curve, 152.58 feet to a Bolnt of tlngency; thence N.~1 ~7'~2"W.,
110.00 feet; thence S.~8 12'18"W., 10.00 feet to a line 15.00
feet northeasterly of and parallel with the centerline of Old
Boynton Road; thence N.~1o~7'~2"W., along said parallel line,
227.66 teet to the intersection of the northerly prolongation of
the said essterly right of way line of the forty foot road;
thence S.O ~9'09"W., along said prolongation. 96.00 feet to thp.
said Point Ot Beginning.
Containing 28,537 square teet or 0.655 acre, more or less.
_ . Further describe~ as that portion of 'Old Boynton
Ro~d' ly1~g"no~th of the north F!gqt of way line of S.R. 804 per
Road' Plat. Boole 2', Page 220 and 'eas't. of the east line of the 40'
'R9cle' ..road. depicted 1n Plat cf..the Subdivision of Sections 29 and
20, 'I'ownship 45 South, 'Range 43 East,' Plat Book 7, Page 20, lying
1625'+- west of the southeast corner of said plat, both documents
recorded in the Public Records of Palm Beach County, Florida.
R{yurp: II/~/$ "'PPc/) "~EIf~ p~ /'''.Rt'~~J'' t'1 ",~
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- 3 OF 3 -
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request
to have a Legal Notice or Legal Advertisement Published and must
be submitted to the Office' of the City Attorney 8 working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT:
PLANNING AND ZONING DEPARTMENT
PREPARED BY:
MICHAEL HAAG
DATE PREPARED: 10-14-93
BRIEF DESCRIPTION OF NOTICE OR AD: Conditional Use -
Planning & Development Board Meetinq - November 9, 1993
City Cornmlssion Meeting - November 16, 1993
Checkers Drive-In Restaurant
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
Standard legal ad
SEND COPIES OF AD TO: Newsoaper ann rlppli~ant: rlnn !,;l1rrnllnning
property owners. Others to be determined by Citv Clerk.
NEWSPAPER(S) TO PUBLISH: To be determined bv Citv Clerk.
DATE(S) TO BE
PUBLISHED: To be determines bv City Clerk.
APPROVED BY: __
/, .!,i/.
. /, - ( , '
(1 ) ~'n,- tvL.i... Q. ' ,.[ 1 ?Lt./L
(Department Aiead) v
Ie /../ /75
/ (Date)
( 2 )
(City Attorney)
(Date)
( 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
NOTICE OF PUBLIC HEARING - Checkers Drive-In
Conditional Use
Page 2
Location:
Northeast corner
Boulevard and New
Boulevard.
of Boynton Beach
Old Boynton -BecrChR<lA~
Property Owner:
Adience Equitie, Inc.
Agent:
Anna Cottrell
Proposed Use:
Drive-In Restaurant
A HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD OF THE CITY OF
BOYNTON BEACH, FLORIDA SHALL MEET AT 7:00 P.M. ON TUESDAY, NOVEMBER
9, 1993, AT CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH
BLVD., BOYNTON BEACH
AND
A PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COMMISSION AT CITY
HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON
BEACH ON NOVEMBER 16, 1993, AT 7:00 P.M. OR AS SOeN THEREAFTER AS
THE AGENDA PERMITS, ON THE ABOVE REQUEST.
All interested parties are notified to appear at said hearings in
person or by attorney and be heard. Any person who decides to
appeal any decision of the Planning & Development Board or City
Commission with respect to any matter considered at this meeting
will need a record of the proceedings, and for such purpose, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based.
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH
A:PHCUCHCK.JM
NOTICE OF PUBLIC HEARING
Checkers Drive-In Restaurant, Inc., applicant has requested the
following parcel to be considered for CONDITIONAL USE to locate a
drive-in restaurant at the following location:
Legal
Description:
A portion of Section 20, Township 45
South, Range 43 East, Palm Beach County,
Florida, being more particularly
described as follows:
Commence at the southeast corner of said
Section 20; thence run South 88 degrees
02 minutes 21 seconds West along the
South line of said Section 20 for a
distance of 1631.39 feet to the easterly
right-of-way line of a forty foot road as
shown on the Plat of subdivision of said
Section 20, as recorded in PLat Book 7 at
Page 20 of the Public Records of Palm
Beach county, Florida; thence run North
00 degrees 49 minutes 09 seconds East
along said East right-of-way line for a
distance of 106.84 feet to the point of
beginning; thence continue North 00
degrees 49 minutes 09 seconds East for a
distance of 301.90 feet to a point;
thence run South 41 degrees 47 minutes 42
seconds East for a distance of 227.66
feet to a point; thence run North 48
degrees 12 minutes 18 seconds East for a
distance of 10.00 feet to a point; thence
run South 41 degrees 47 minutes 42
seconds East for a distance of 110.00
feet to a point of curvature of a
circular curve, concave to the northeast;
thence run southeasterly along the arc of
said curve, having a radius of 368.97
feet, thru a central angle of 23 degrees
41 minutes 37 seconds, for an arc
distance of 152.58 feet to a point of
non-tangency; thence run North 89 degrees
59 minutes 53 seconds West along the
North right-of-way line of Boynton Beach
Boulevard for a distance of 45.67 feet to
a point; thence run North 85 degrees 02
minutes 51 seconds West along said North
right-of-way line for a distance of
150.60 feet to a point; thence run North
89 degrees 59 minutes 53 seconds West
along said right-of-way line for a
distance of 143.67 feet to a point;
thence run North 44 degrees 10 minutes 51
seconds West for a distance of 27.89 feet
to the point of beginning.
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1602
RESOLUTION NO. R9l-6~
?]
'1_/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING A PORTION OF THE OLD BOYNTON
ROAD RIGHT-OF-WAY, RESERVING UNTO THE
CITY A UTILiTY EASEMENT; THE
RISHT-OF-WAY BEING LOCATED ON BOYNTON
BEACH BOULEVARD AT OLD BOYNTON ROAD,
NORTHEAST CORNER AND BEING MORE
PARTICULARLY DESCRIBED HEREIN;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DISCLAIMER FOR SAID ROAD
RIGHT-OF-WAY; PROVIDING THAT THE
ATTACHED DISCLAI:-1ER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
I vj
''( i
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WHEREAS, Raymond J. posgay, Esq., as agent for the
owners of Parcel I, Florida Power & Light Company has
requested the abandonment of the hereinafter described road
right-of-way; and
WHEREAS,
comments have been
solicited
from the
appropriate City Departments; and
WHEREA~, public' hearings have been held before the
.........
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City's Planninq <1nd ZonlnCl Board and the City Commission on
the propo:it:d rlL<.1l1UUJlliH.!nL; dI;u
WHEREAS, based on the foregoing information, the said
right-of-way no longer serves any useful purpose.
NOW, THEREFORE, BE IT RESOLVED BY THl CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1:
The City of Boynton Beach, Florida, by
and through its City Commission, does hereby abandon a
certain right-of-way subject to the reservation of a 10 foot
utility easement along the southernmost 10' of the proposed
parcel in favor of this City, located in the City of Boynton
Beach, Florida, attached hereto as Exhibit "A".
Section 2:
The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the attached
OJ sc; 1 a ilTler and .-;'}use the Selme to be filed i n Lh~ Public
Records of P,1~:n :l(~cl<.:h County, Floridd.
1, __ ____
.E:.IF.lt-"'rt,pj;.~;r..:r,f^,~EU.oo.".............,
EXHIBIT "A"
ORB L 7e7 ('3 16l
That part of Section 20, Township 45
South, Range 43 East, Palm Beach County,
Florida, described as follows:
Commence at the Southeast Corner of said
Section 20; thence S. 88002'21"W., along
the South Line of said Section 20,
1631.39 feet to the easterly right of
way line of a forty foot road as shown
on plat of Subdivision of said Section
20, as recorded in Plat Book 7, page 20
of the Public Records of Palm Beach
County, Florida; thence N. 0049'09"E.,
along" said easterly right of way line,
312.74 feet to line 50 feet
southw'?sterly of and parallel .....ith the
cent.erline of Old Boynton ROc1d an-l tho
Point of Beginning; thenr.e S.
41047'42"E., along said parallel line,
225.01 feet to a point of curvature of a
curve concave northeasterly with a
radius of 527.47 feet and a central
angle of 3013'44"; thence southeasterly,
along the arc of said curve, 29.73 feet;
thence S. OOOO'07W., 37.43 feet; thence
S. 85002'51"E., 140.34 feet to a line of
53.00 feet north of and parallel with
the centerline of State Road 804 as
shown. on the right of way map recorded
in Road Plat Book 2, page 220 of the
Public Records of Palm Beach County,
Florida; thence S. 89059'53"E., along
said parallel line, 45.67 feet to a
point on a curve concave to the
northeast with a radius of 368.97 feet,
a central angle of 23041'37" and a chord
bearing N. 5303B'30"W,; thence
northwesterly, along the dre ot ~aid
curve, 152.58 feet to d pOlnt of
tangency; thence N. 41047'42"W., 110.00
feet; thence S. 4Bo12'18"W., 10.00 feet
to a line 15.00 feet northeasterly of
and parallel with the centerline of Old
Boynton Road; thence N. 41047'42"W.,
along said parallel line, 227.66 feet to
the intersection of the northerly
prolongation of the said easterly right
of way I ine of the forty foot road i
thence S. 0049'09"W., along said
prolongation, 96.00 feet to the said
Point of Beginning.
Containing 28,537 square feet or 0.655
acre, more or less.
RECORD VERIFIED
PALM BEACH COUNTY, FLA
JOHN 8, DUNKLE
CLERK CIRCUIT COURT
RESOLUTION NO. R94-o(~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE FULL RELEASE OF SURETY IN
THE AMOUNT OF $6,655, TO CHECKERS DRIVE-
IN RESTAURANTS, INC.; AND PROVIDING AN
EFFECTIVE DATE.
P:~ ~
~
f4
WHEREAS, staff has verified completion of the required
improvements on the above property; and
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, hereby
authorizes full release of surety in the amount of $6,655 to
Checkers Drive-In Restaurants, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida hereby authorizes full release of surety in the
amount of $6,655 to Checkers Drive-In Restaurants, Inc.
Section 2. That this Resolution
i effective immediately upon passage.
!
I
shall
become.
PASSED AND ADOPTED this
~
day of December, 1994.
CI. TY 0; B~~)9N BEA~H, FLORIDA
;f ? ~t~~<<f
Mayor
Vice Mayor
'I
]1
II
'1
ATTEST:
~~9Jr~La~
Clt Clerk
(Corporate Seal)
Authslg.doc
Che-ckersJRel
12/1/94
<"DE
!.II', I
6727 P-3 16~
section 3:
This Resolution shall become ef fecti ve
when a 10 foot utility easement has been granted to the
City.
Section 4.
The owners of Parcel 1, Florida Power &
Light Company are responsible for all costs associated with
'1
moving any existing utility facilities located in the above
described right of way.
~; t.. ::: =: :: :
t':.,~m
.:'\::;:?:-:: ::
-:OBIS
",
.'1'
day of
rlP~/~
1991.
CITY OF BOYNTON BEACH, FLORIDA
~tJ~
Mayor ~
t:~~I!~~?
Y ,-'" J
-.::7) -;..s. -:-:. <- " // / ,/ .;~/-.
/' . .... -.....-"
. Comnrlss ioner
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f.~lk
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, r:: mm 1 ~ ~} ~m~ r
Commissioner
AT,T7ST:
\
. ct;.,~)v>L/'c;k~~~
Cittf Clerk
u~
(Corporate S~al)
Abandon.doc
3/27/91
......,.........
---. .-.
LEGAL DESCRIPTION:
A PORTION OF SECTION 20. TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE RUN
SOUTH 88 DEGREES 02 MINUTES 21 SECONDS WEST ALONG THE SOUTH LINE
OF SAID SECTION 20 FOR A DISTANCE OF 1631.39 FEET TO THE EASTERLY
RIGHT-OF-WAY LINE OF A FORTY FOOT ROAD AS SHOWN ON THE PLAT OF
SUBDIVISION OF SAID SECTION 20, AS RECORDED IN PLAT BOOK 7 AT
PAGE 20 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE RUN NORTH 00 DEGREES 49 MINUTES 09 SECONDS EAST ALONG SAID
EAST RIGHT-OF-WAY LINE FOR A DISTANCE OF 106.84 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES 49 MINUTES 09
SECONDS EAST FOR A DISTANCE OF 301.90 FEET TO A POINT; THENCE RUN
SOUTH 41 DEGREES 47 MINUTES 42 SECONDS EAST FOR A DISTANCE OF
n _ _n _ 227.66 FEET TO A POINT; THENCE RUN NORTH 48 DEGREES 12 MINUTES 18
SECONDS EAST FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE RUN
SOUTH 41 DEGREES 47 MINUTES 42 SECONDS EAST FOR A DISTANCE OF
110.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE
TO THE NORTHEAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE, HAVING A RADIUS OF 368.97 FEET, THRU A CENTRAL ANGLE OF 23
DEGREES 41 MINUTES 37 SECONDS, FOR AN ARC DISTANCE OF 152.58 FEET
TO A POINT OF NON-TANGENCY; THENCE RUN NORTH 89 DEGREES 59
MINUTES 53 SECONDS WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF
BOYNTON BEACH BOULEVARD FOR A DISTANCE OF 45.67 FEET TO A POINT;
THENCE RUN NORTH 85 DEGREES 02 MINUTES 51 SECONDS WEST ALONG SAID
NORTH RIGHT-OF-WAY LINE FOR A DISTANCE OF 150.60 FEET TO A POINT;
THENCE RUN NORTH 89 DEGREES 59 MINUTES 53 SECONDS WEST ALONG SAID
RIGHT-OF-WAY LINE FOR A DISTANCE OF 143.67 FEET TO A POINT;
THENCE RUN NORTH 44 DEGREES 10 MINUTES 51 SECONDS WEST FOR A
DISTANCE OF 27.89 FEET TO THE POINT OF BEGINNING.
SENT BY:CLEARWATER,FL.
8-27-33 8:30AM;
CHECKERS"""
;# 2
gAL ESTA'l'E c;oWl'RACT
THxa RDL UTA'!'B CONTRACT (this "Contract") i. entered into by and
bII'tw..n U%IDIOB .QVZ~J:B8, x.c., n AL C8.. aUIeXI' "All)
(hea:elnafter referred 'too aa "Seller") and O..ex... OaJVI-XM
...~.a.UIla.B., %.c., a Delaware corporation, authorized to do
busine.. 1n the Stat. at l'lorida (hereinaft.er reterred to as
.purchaser-) upon the teras and conditions set forth berein.
ARTICLE I
Purchase and 1~1.
1.01 Seller hareby agre.. to .el1 and convey and Purchaser
hereby a9r... to purcha.e tha~ certain tract or parcel of land
oonaiating of two contiguous parcels ot land, the first of which
appears .a Pave 1 ot BXHI8I~ "B," aontaininq 0.5~& aore; and the
..aond parael having bean obtained by Seller pursuant t.o Palm Beacb
County Re.olution NO. R-92-838 (o.a. Book 7310, Page 623), but
limited 'to that portion d..cribed as "Parcel 8" on Page. 2 ancl 3 of
EXHIBIT "8," containing 19.931 square teet, .i~uat.d at the
Mortheast corner of Boynton Beach Boulevard and Old Boynton Road,
in Boynton Beaoh, Plorida; being more particularly described on
BXHIBI'1' "I" a~tacbed hereto, as per certif i.4 survey to be
furnisbed pursuant to Section 3.03 hereof, together wi~h all and
singular the rights, easements and appurtenanc.. pertaining t.o the
prop.rty, includinq all af the utilities, it any, available to the
property and any right, title and interest of Seller in and to
adjacent landa, .treets and reserves, alleys, or riqhta-ot-way (all
of sucb real property, rights and appurtenances being hereinafter
referrea t.o as t.he "property") for tbe consideration and upon and
subject to the terms, provisions and conditions hereinafter set
forth. Saller agree. to convey the Propert.y and deliver possession
ot the same at the Closing (a8 harainaft.er defined). said property
is vacant land.
ARTICLE II
Purchase pri.ce
J
2.01 The purcha.e price for the Property shall be the Bum af
POUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000) (the "Purchase
Price").
2.02 Th. Purchase Price shall be payable as follows:
(b)
purch.ssr shall deposit the SUDlot TEN
THOUSAND DOLLARS ($10,000) CASH (~h.
"Deposit") as set for'th in ARTICLE V
hereof; and
The balanoe of the Purchase Price ahall
be payable .a tollows (describe method of
payment, i.e., cash or 'terms): cash at
Closing.
(a)
ARTICLE III
Conditions Precedent
3.01 In addition to any conditions set forth elsewhere in this
Contract, the Obligation of Purchaser hereunder to consummate the
t.ranaactions contemplat.ed hereby are subject to the satisfaction of
each otthe conditions contained in this ARTICLE III.
...IL.." I U I . LLL."lI\Il.'t I C~, rL.
lj-27-83
8:31AM
.. cHEckERS='- - - -
- ---;#3
PRELIMINA~Y TITLE REPORT
3.02 W1~hln ~irty (30) 4ay. atter the Effective Date,
Purcha.er shall ab~ain, a~ its 801e coat and expense, a preliminary
title report (the "Title Report"), which Title Report ShAll set
forth the state of title ~o the proparey and shall be ~ccompanie4
by copies of all recorded documents relatinq to any exceptions or
con41tions to 8uoh title.
In the event any matters cont.Ainecl wit.hin the Title Report are
unacceptable to Purchaaer 't.hen Purchaser shall notity Seller ot the
..... and Beller shall fort.hwU:h eli.1nat. or aocUty all such
unacceptable matters to the reasonable satistaction of Purchaser.
In the eVent Seller is unable or unwillinq to do 80 within fifteen
(15) days attar written notice ot objection trom Purohaser, this
Contract shall, at the op~lon ot PurChaser, upon written notice
th.r.at~er ~o Sellar, be null and void tor all purposes and the
Depoait shall be imaediately ~.tu~n.d ~o ~rcb.8.r.
survey
3.03 Within sixty (60) day. af~.r ~he Effective Data hereOf,
Purchaser ahall obtain a cu~en~ boundary line and topographical
survey of the PrQP8~Y, prep~F.~ by . duly licensed land surveyor
acceptable to PuJ:cba..r. The survey shall show the loca~ion of all
improve..nta, highways, streets, roade, railroads, rivers, creeks,
Dr other water courses, fences, powarline., easements, servitude,
and rights-of-way on or adjacent to the Property it any, Ahd shall
contain tbe surveyor's certitication tbat 'there at'e no
encroachments onto the Prope~y or onto adjacen~ properties except
ae shown on the survey, and snall set forth the number ot total
.quar. teet and the nWlbar at ne-t square feet comprising t.he
Property, tOQ.~h8r with A .e~e. and bounds description thereof.
Tbe aurv.y shall alao contirm that all wa~er, sewer, and ot.her
utility ea....nta ..rvioinq the Proper~y are located within VAlid
public or private easements over adjoining properties. The term
-'nat .quare feet" shall mean the number ot square teet. contained 1n
~. Property, exclusive ot any land lying within tha bed of any
alley, street OJ:' road, or right of way. and shall be calCUlAted to
the near.at. on.-bundre~th (lOOth) square .toot.
PurChaser .hall notify Seller in the avent the survey
disclo... any conditiona in Purchaser-s 80la jUdgment Which would
rendal:' 'the Property or any part theJ:'8ot unusable by Purchaser for
the purpose. harein stated. In such .vent, Seller shall forthwith
e11llinat. or .oalty all eU9R unaccep'table condition. to the
reasonable satisfact.ion ot P\\rcb..e~. In the event Seller 18
unable or unwilling to do so wlthin tifteen (15) days atter written
notioe of objection frOM PurChaser, Purchaser, may at its option,
upon written notice to Seller thereatter, terminate ~ni$ Contract,
And. thi. Cont.ract shall theJ:eupon ba..null and void tor all purposes
and the Deposit shall forthwith be returnGd to Purchaser.
Other Conditions
3.04 Within one hundred twenty (120) days atter ~h. Ertect1ve
Data bereot, Purchaser shall have date:nained upon terms and
conditions satisfactory to Purchase in its sole jUd~.nt ~at:
(b)
Th.re .Xi.~8 suitable aoning tor Purch~.er's
intended us. of the Property a. ~he site tor a
Checkers drive-in rest.aurant constructed in
accord.nos with Purob..er'. plana and
specificationa (the "Checker. drive-in
.res'taurant."),
There are no plat or daad r.strictions or
other re.trictions or regulations ot lawful
authority against Purchaser using its standard
signa and building in ~. operation ot a
Checkers drive-in restaurant.
(a)
Page 2
JLI,1 WI 'LLL:\...n:\ILIt, r'L.
.. .
(e)
(d)
C.)
( t)
(9)
; O-~/-~u tl;~~AM
CHECKERS""
;# .}
(h)
That feasibility .tudie. ralatln9 to the
P~op.rty are satistactory and desirable t.o
oparac. A Checker. d~iv.-in ~.Gtauran~ on the
Property I
Tn. property will accolDJaOdate all propose"
cut'b aut.a, driveway., parkin9, sic1ewialk ancl
Oth8~ such i.prov...nts neoessary for
providinq Purch...r and ita customers safe and
efficient ace... to and troll the Check8~.
drive-in r..taurant to be con8~ructe4 by
Purchaser on the prope~y,
Required peJ:1Dita and licens.. tor the int.ended
construotion and operation or a Cheokera
drive-1n ~..~au~.n~ on eh. P~operty have been
i..uad o~ will be i.aued prior to the Closingl
That no bazardous .ubstanc.. condition exists
an4 no clean-up b.. been ordered. Any
haaardous substance conclition that may have
previously exiat:ed, haa been cured in
aacordaOQe with Applicable at:atutea, laws ana
regulation.. Seller will indemnity and hold
ha.rml... Purchaser from any and all claims,
causa. of aations, aamagas, governmental
order., court orders, or any otner ob119atlon
im~os.d UPQn puraha.ar a. a result of a pre-
ex1s~1ng hazaraoua substance condition.
tlHazard.ous Substance C:ond1t:10n" 1a. aet1ned aa
hazardous or ~Qxia ..tarial., aubatano.. or
wastes, or "'nderqround starage tanka or an
asb..tos condition ~t ia not in oomplianoe
with applicable statut.., lowa or requlations.
In t.h. avant Purchaa.r conducts boring and
peroolat.1on testa ot the Property, that ~he
results ot such teats indicate that the
Property is suitable tor the construction or
the intended improve_ants thereon or
thereunder, and.
~ll utilities, includin9 wat8~ and gas mains,
electric power lines and sanitary and .tora
sewera are aV'ailable to 1:11e property line
without exc:::easive 8~and1'tur.1I to extencl same,
and a~. sufficient: in size, 1n Purchaser's
di.c~.tion, to bandle Purcnaser · s proposed
usage.
( 1)
There are no parties in posse..ion of any portion
of the Property aa 1...e88, tenants at sufferance
or trespasser.;
(j)
There ill no penciinq or threatened expropriation,
condemnationa or similar proceeding or .....s.ent
affectinq the Property, or any part thereof, nor to
the beat knowledge and. balief of Seller is any suoh
proceeding or .SB.....nt contemplated by any
~overnm8ntal authoritYI
All applicable law.. ordinances, regulations,
statut.., rule. and r..t.rictions r.latlnq to the
property, or any part ~er.of, have been complied
with.
(k)
(1)
The Property will have full and free access to and
tro. public highways, .treets or roads and there is
no pending or threatened governmental proceeding
which would impair such access;
~
PAGE 3
.JUH 01 'LLL;I'i:Il..~ILK, fL.
tj- .U -l:j;J tl : 3;JAM
CHECKERS...
;# 5
The propert.y will have water, storm drainave,
sanit.ary .ewar, 9.. and electrical ut.iliti.. and
.yat... avallable.
No p~oceedin9 i. pend1n9 O~ presently bein9
pro..cuted for any cbange in t.he a..eesed valuation
at taxe. payable on ~. Property; and
There i. no act.ion, .uit., proceedinC) or claim
affecting the Property, nor affecting Seller in
relation to the ownership or operation of the
Property. .. '
In the event. Purcha.er does not. deteraine to it.. sole judqment that:
all or tha above wi~ln the period .et tort:h hereinabove are
satisfactory, Purchaser shall have the riqht, at it. option, t.o
t.hereafter terminate this Contract upon written notice to Seller,
Whereupon t.hi. Cont.ract shall be null and void and the Deposit.
8hall be forthwith returned to ~chaser.
(.)
(n)
(0)
, Advar.. Chan9.
3.05 Purchaser shall not. ba obl1qat.ad t.o porform under this
Cont.ract. it, on the Closing Date, any portion ot the Property haa
been condemned or is the subject. of a condemnat.ion, eminent domain
or oth.r material proc..dinq, or baa bean daaa9ad by casualty in A
...brial "nnet-. If such an Advel:'se Chang. has occurred, at.
Purchaaer.. option, this Contr.c~ .ay be terminated and the Deposit
be returned ~o Purcbaael:'.
3.06 During the 1:erJI of t.hi8 contrAct, Seller shall not,
without the prior ~~1tt.n consent of Purchaser:
(1) encwabel." th. Propeny,
(!!) g~.n~ any 1...., lig.n.. or .a....nt atf.c~in9 the
Propeny I OJ:"
(li1)
permit a meabanicl. or materialmanla 11en to
A~tach.d tD the P~pa~y.
AR'l'ICLB IV
~lp'illSl
4.01 Th. closing aball H held within sixty (60) day.
fOllowinq .a~i.faction ot ~h. aonditions spaoitied in ARTICLE XII,
at. .uch ti.., date and plag. a. Seller ana Purch..er may agree upon
(whiah data i. herein referred to as the "C~osin9"), but no later
t.ban on. hundred ai'il'hty (laO) day. attar the Ettective Date hereot.
4.02 A~ ~. Cloa1n9 Saller aballa
(a)
Deliver to Purcba.ar a duly e:xeouted and
aCknOWladCJed spocial warranty deed in
recordable form .ati.tactory to P~rchaser
conveyinc;r 900d and ..rehantable title in ree
at_pl. to allot the. Property, free and clear
ot any and all liens, encumbrance.,
conditions, ..s...nta, .ervitude, aaae.smenta,
reservation., and restrictions, except for the
following:
"
(1) Any .xcap~lon. approved by Purchaser
pursuant to ARTICLE %XI hereot; and
(2) Any o~.r exceptions appro~ed by
Purchaser in writing, includin9, but not
limit8d to, requirements for utility
ea.ement a8 shown on Exhibit "8", Page 2
ot 2, and .xi.t1nc;r FP&L underground feeder lines
cont.ained with .Parcel 8" as shown on
Exhibit "B-, Page 2 of 2.
PAGE 4
wL..." U 1 . 'LLLf\.'-Il:i I LI\. 1 L.
tl-~/-~~ tl:34AM
CHECKERS...
;# 6
. .
(b)
S.11.r shall d.l1ve~ ~o Puron...r an att1Q.v1~ &t:.atLn9
tbat:. Seller is not: a 'lfera19n personu subject to the
w1~hho14inq require.ant'of Section 1445 at the Internal
aevanue Coda of 1986, .s amendea_
4 .03 General real es'tat. 'tax.. for the then c::urrent year
r.l.~in; to ~a Property shall be prorated AS of the Closin9 and
shall be adjusted 1n cash at the Closinq. It the Closin9 shall
occur before the tax rate is tixed for the then current year, the
&ppo~ionm.nt ot tax.. shall ba upon the basis ot the tax rata far
the prec.ding year APplied ~o the latest valuation. All special
tAX.. or As.e.sment. to tha cloaing abAll be paid by Sellar. If the
tax APportionment baaed on the aatual t.~ bill for the amount owea
for the year in which the Closing occurs differs fro. tn~
apportionm.n~ baaad on ~ha n.x~ preaadinq year, than Qither party
harato ahall be ant.i tlad to recei va promptly upon 4emand a.ny
aaoun1:a nac.ssary to correct such apportiomaent of the paYJAent ot
t.axa.. Purchaser ahall remain lLable for t.Axe. trQtIl u&@fieq\lant
a.aaaamenc." tar prior years d.ue t.o changes in land usage or
ownership. P,u:cb..ar'. obligat.ion wit.h respect. t.o "subaequent
........nt..' shall survive Clo.tng.
4.04 All coata and expans.. ot Closing and in consumaatinq the
..la and purchase of the Property ahall be payable aa follows:
Sellar
Purchaser
Sellar'. Portion ot ~axe.
Sell.r's At:t:ornays' v..
Preparat.ion of warrant.y Deed
Purchaser's Portion of Taxe.
a.cord D.ad
Documentary staaps on Deed
survey
owner's Title Insurance Policy
and Title Report.
PUrchaser'S Attorneys. re.
Boring and Percolation Teata
All other expen.e. incurred by Seller or purchaser with respect to
the Cloai&\9 ahall De borne and paid ax.clusively by the party
incurrin~ the same, without reimbursement, except to the extent
otherwise specifically providea berein.
All'l'ICLB V
Danos a
5.01 For the purpose of aecurinq the performance of Purchaser
under the terms And provision. of tpis Contract, a cash deposit 1n
~he amount at TEN THOUSAND DOLLARS ($10,000) shall be deposited by
Purchas.r with LAWYERS TITLB INSURANCE CORPORATION within five (5)
businesa aaya of the tUll.xecution of this Contract, which cash
c:tepoait is to be held pursuant to the terms hereof as the
-Deposit.- At the Cloainq, the Deposit ahall be credited A9ainat
the Purchaae Price; provided, however, that in the event Purchaser
ahall have given written notice to Seller within said one nundred-
twenty (120) day period detined in 3.04 that one or more of the
conditiona to its obligations Bet fortb in ARTICLE III or elsewhere
in this Contract have not been met, in the manner and as provided
therein, tben the Deposit shall be non-refundable and disbursed to
Seller in the event closinq fails to occur.
PTJ:CLB VJ:
Bill Estate commis,ions
6.01 At Closin9 Sellar a9%8.s to pay a real ..tate commission
~o HIMMELRXCH . COMPANY, $20,0001 LA VANCE, INC., $10,000; and
TOUCHSTONB WEBB REALTY COHPANY, $20,000. seller and purchaser
a9raa to indemnify and hold harale88 .och other from any and all
cla1aa for such commia.ion.. Eaen 01: the parties represents to the
otbar that it h.. not incurred and will not incur any liability for
b~okera9.. feeIJ or agent.' commi8.ions in connection witb this
Cont~act except .. provided herein.
PAGE 5
..JU,' UI 'LLLrl1\.n.~IJ:.fi, rL.
tl-;U-$j tl: :.i5AM
CHECKERS-i
;# 7
ARTICLE VII
Breach by Seller
1.01 In addition to any ather r...dies available to Purchaser
under the law o~ the .ta~G wberein the property lie., in the event
Sellar aball tail to tully and timely pertorm any ot ita
obligations hereunder or .ball tail to consummate the sale of the
Property tor any reason, except PUrcbaser t " cletaul t, Purchaser
shall have ;:.he right. to enforce spacific perfOrmancG ot this
Contract.
ARTICl.E VIII
Breaoh bv purohaser
8.01 In ~e eVen~ Purchas.r ahould fail to consummate the
purchase ot the property, the conditions to Purch...r1a Obligations
a.~ fo~b in Articla.%I2 having be.n satisfied and Purch&$er baing
in default and Seller not being in detault hereunder, Saller ahall
have ~e right to retain the Deposit, such sum being agreed on aa
liquic:lated d.mages and not as a penalty for the failure ot
Purc::ha.er to perform t.he dutie., liabilit,1e8, and o1:l1igationa
imposed upon it by the terms an~ praviaions at thi. Contract., an~
Saller agrees ~o accept and take 8a14 cash payaant .a ita total
4._.9.. and raiier and aa Sellar'. 801e and exclusive remedy
hereunder in such .ven~, it beinq acknowledged and agreed by the
part i.. that the amount ot Seller'. damAges WQuld be difficult and
i_practical to determine.
ARTICLE IX
MiscellaDlq\l1
Att.orney.- ....
9.01 Should either part.y ..ploy an att.orney to enforce any
of the proviaiona hereof or to protect its interest in any manner
arising under this Contract, tho non-prevailing party in any action
pursued in QOQrta ot ao~patant jurisdiction (the rinality ot which
i. not legally contested) agrees to.pay the prevailing party all
raasonable coat., damages, and expense., including attorneys' faas,
expended or incurred in connection therewith.
InsD,~~ion8
9.02 Seller hereby grant. to Purchaser, its agents and/or
contractor. the ri9h~ ~o enter upon ~h. Property to .ak.
inspactions, sail testa and surveys as provided tor herein; such
ri9ht 'to t.alca effect upon the Eftective Date of this contract.
Purcha.er indemnifies Seller as against all claims for damages,
ooata and fess.
Assignment af CQn~J:aci:.
9 .03 Thia Contract: ..y ba asaiqned by Purcha.ser to a nom1n.e
of it. choice. On delivery to Sal1.~ ot an instrument in writing
whereby such a881gnee assWles all of the provisions of this
contJ:ac~ t.o b. performed by PUt'cbaser, then, in that event,
Purchaser ahall be released ancl cliacharged of all further liability
bereunder.
Survival of Cov.nanes
9.04 Any of ~h. representat.iona, warran~ies, covenant., and
aqr.e.ents of tha parties, as wall as any rights and Daneti~s ot
the partie., pertaining t.o a periOd of time tOllowing the Closing
at t.he transactions contemplated hereby shall survive ~a Closin9
and shall not be merged therein.
PAGE 6
SE~T'BY:CLEARWATER.FL.
8-27-93
8:35AM;
CHECkERS='- - - .. - - - - - -
;# 8
Notic;:&
9 .05 Any notice require4 or permitted to be delivered
neJ:'8unc1ar .hall ):)e deemed received when sent by United States ma.il,
poatag8 prepaid, certitied mail, return receipt requested,
addre..ee! to Seller or Purchaaer, as the . calitil may be, a t the
addreS8 .et forth below. If nQ~ice is sent in any other manner,
such notice aball be de.me~ received when Actually received by tho
pArty to whoa 8~ch not1ce ia directed.
SBLLERs
ADIENCB BQUITIBS INC. ET AL
cIa Paul Himmelrich
710 Xaat Hillsboro Boulevard, Suite 200
Daartiald Beach, Florida. 33441
SELLER · S ATTORNEY:
RAYMOND J. POSGAY, ESQ.
1211 East Broward Boulevard
Fort Lauderdale, Florida 33301
Telepbone: (305) 764-5543
,(~~..~
.. 1'(1,.,. .
..~~~..;
PURCHASER :
CHEC~ERS DRXVE-IN RESTAURANTS, INC.
~/o f).an e.u.ill P. n. lime 1079
18S Se~.k Mareisaua k..ft~~, S~i~a ~ei
W..~ Paa Baaen, Plorida.33.(91 Cleal-Wc'1ter. FL 346
Attention: Lena! Uepnrtmenl
PartiDa Bound . ?
9.06 Thia Contraot shall be bi~din9 upon and inure to the
benetit ot the parties hereto and their reupective heirs,
executors, adminiatrators, le9&1 representatives, &ucces&ora and
assigns where permitted by this Contract.
Legal Construction
9.0? In ca.. anyone or aore ot the provisions contained in
~i8 con~r.ct ahall for Any reason be held eo be invalid, illegal,
Dr unenforceable in any respect, such invalidity, illegality, or
unentarcaability shall not affect any other provision hereof, and
this Contract shall be construed a. if such provision had never
baen contained herein. This Contract shall be constructed and
entorced in accordance with the laws'ot the State ot Flor1aa.
Prior Agreement Supers oded
9.08 This Contract constitutes the sole and only agreement
ot the parties hereto and super..de. any prior understanding or
wri tt.en Dr oral agreement. between the parties respecting the
within aubject matter.
Radon ,-
9.09 Radon is a nat.urally oacurrinq radioactive gas thJt,
when it has accumulated in a building in sutticient quantities, ma~
present. health risks to persons who are expoge~ to it over time.
Levels ot raaon that .~aa.d tederal and .tat. guidelines have been
founa in buildings in Florida. Addi~ional information regarding
radon and raaon ~eating may be obta1nee! from your county public
be.ltb unit.
The foragQin9 not.ice is provided pursuant to I 404.056(5),
Plorid~ $t'~tl. (198B), which requ;re. thAt such 'notice be
inaluded in certain real .81:ate documellts.
Waiver and KodLfi~a~ion
9.10 Thi8 eont~act may r.ot be amended, modified,
aupezo..ded, or canceled, and none ot the teras, oovenants,
. ;epr...ntationa, warranties and condi ~on' hereot may be waived,
except. by written in&t~um.nt 8X.CUt.~ by allot the pA~tie&, or in
0... of waiver, by ~b. party waiving complia.nce.
PAGE 7
-- - SEN'( BY: CLEARWATER, FL - - - - - -- -; - 8::'27::'93- -; - 8: 36At\i ;
CHECKERS~
....., 4Y'tS
Time Umll
9.11 In tbeevent fully executed copy ofthiJ Contract bas not been returned to Sellers
by 5:00 p.m. OIl . 1993, Sellen JbaU have the right at their option to terminate
this Contract upon wriUal DOticc to Purcbuer.
Effective Date
9.12 The Effective Date of tbi. Contract Ihall be the date on which this Contract is
full,. executed.
AllTlCLB X
AuthoriDtlon
10.01 'lbia authorization will be executed Jimultalleously with the approval of the
apeemeDt by the Sellen, but sha11 be a conditional authorization which aball terminate
automadcaJly at auch time u either put)' under the provlaionJ of the Apeemenl decides not to
continue or cancels the A&mement.
10.02 Pure.. shall provide Sellers' Apnl and Sellers' Attorney with eopiea of aU
documents, app1i~ODI, correapondcacc &eIlt and received, and notices of all hearinas and
meettna. JCbeduled by the City of Boynton Beach, its commisaiOftJ, boards, or other
JOVemmental aaenciea ill the development and permitting process; and in the event Purcbuer
~ to wilbdraw from the Apeement,~ work products in the poueuion of the Purcha8et
Iha1l be delivered to the Seller.' aaent, inc1udina, but not limited to, surveys, soil tea.,
en,gineerifta reports, and all related data ~ development oC the site.
e.opi too o~..AfS .
5.ELLEB& (f''''
ADIENCE EQlJ1TJI8, INC.,
. Delaw.... corporatloa
ESTATE OF It. MARSHALL BROWN,
neu.""d
Dated:
, 1993
By:
DONALD M. BROWN,
Penoual RepresentatlTe
Dated:
, 1993
By:
WILLIARD M. BELLOWS, PresIdent
DlANCIS A. ASTOlUNO
JAMES W. HART
MILDRED S. ASTORINO
JOANNE BART
Dated:
, 1993
Dated:
, 1993
GBETCBEN F. BROWN
DOMINIC PALOMBO
Dated:
, 1993
Dated:
, 1993
EUBCIIASEB1
cmrCJCEQS DRIVE-IN BESTAtJRANTS.
INC., a Delaware corporation
By:Jrt.n /J ~,
Dated:
6-90
, 1993
06I0ZI93
PAGE 8
---sENt-By:tLEARWAtER:FL~----
; 8-27-93 ; if: 37AM- -; - - - -
. - cHEtkERS=+ -- - - .- -- -- -- -- -- - - ; # 1 0
, ... t'''
. .
Tiru Ull)lt
9.11 III the event a Mly executed copy of thb Contract has not been ~ to
by 5:00 p.m. OIl :ru ''4 t') , 1993. Sellen shaUhave the right at their option to terminate
thiJ Contract upon written nota to Purchuer.
,,,,~'l
ijffective Dam
9.12 The Bflective Date of this Contract IhaJl be the date on which this Contract is
funy executed.
AR'I1CLB X
Authorimtion
10.01 Th1s authorlzadon wiU be executed almultaneously with the approval of the
acreement by the Sellen, but sba11 be a condldor&al authorization which shall tenninate
automadc=ally at auch dmo .. either party under the provisions of the Agreement decides not to
oontiaue or cancela the Aareement.
10.02 Purclwc:r. shall provide Stl*i" ~gertt ~.Se1ierSt Attorney with'cC,piea of all
documeDtI, appUcationl, coaespondence sent and received, and notices of aU hearinas and
meetinP scheduled by the City of Boynton Beach, its' commissions, boards, or other
pemmental apnc1ea in the development and permitting process; and in the event Purclwer
decldeI to withdraw from the A,reement, all work products in the possession of the Purchaser
IbaJl be delivered to the Sellen' aaelltJlncludinl, but not limited to, surveys, soU tests.
enaiDeerln& 1epOrtS, and an related data ft development of the site.
c.opi~s O~ IA/J
SILLEBS;. ,.,'
Dated:
t 1993
F R. MARSHALL BROWN,
ADIENCE EQlJrl'uS, INC..
a Delawue COl"JlOl'tioll
By:
WILLIARD M. BUt' OWS, Pres1deot
PllANClS A. ASTORINO
JAMES W. BART
JOANNE HART
MllJ)BED S. ASTORINO
Dated:
, 1993
Dated:
, 1993
GRETCHEN F. BROWN
DOMINIC PALOMBO
Dated:
t 1993
Dated:
t 1993
l!1lRCIIASERl
CHECKERS DRJVE...IN RESTAURANTS,
INC., a Delaware corporation
By: '7 dJr /? ~
SENT BY:CLEARWATER, FL.
; 8-27~83 ; 8:38AM;
Lt1t.LI\r.~~""
. .
Time IJadt ~
9.11 In the event a Iully executed copy of thia Contract baa not been raumed to S~
by 5:00 p.Dl. 011 il"yl" _ '1 ~ fJ;- . 1993. Sellen Ihal1 have the riaht at their option to terminate
tbia Contract upoll~to~. ~
~ective ~
9,12 1he Btfecdve Date of thia Contract aba1l be the date on which tm. Contract is
ftaIly executed.
ARTICLB X
AJdItorbatl",
10.01 This authorization wm be executed allllultaneoUIly with the approval of the
aareemeot by the Sellen, but sbaIl be a conditional authorization which &ball terminate
au*"~t*~Uy at such time u e.itbet party under the provisions of the Aarecment decides not to
coatinue or cancoIa tbc ~t.
10.02 Pun:baaer &baU provide Sellen' Apnt and Sellera' Attorney with copies of all
documenta, appUcadons. correspondence seDt and received, and notices of all heaJinas and
meednla lCheduled by the City of Boynton Beach, its commissions, boards, or other
aovemmamaI qenciel in the development and permiUinJ process; and in the event Purchaser
decldea to withdraw from the Apeement,€ work products in the possession of the Purchaler
sbaJ1 be delivered to the Sellers' lleat, includina, but not limited to, surveys, soil tests,
l!lI1Jil1eerlaa reports, and all related data Ii development of the sib:. ~
IEU.EBa& copies of (l/'t1 ~
ADDHCE EQurl1ES. INC..
. Delaware c:orponatlua
ESTATE OF R. MAR8BALL BROWN,
Deeeased
Dated:
, 1993
By:
DONAlD M. BROWN,
Personal RepresentaUye
Dated:
, 1993
By:
wn.LIAIlD M. B1(7.I.oWI. Pnlfdeat
un n'REJ) 8. ASTORINO
Dated:
, 1993
I'llANClS A. ASTORINO
Dated:
, 1993
GllBTCBEN F. BROWN
DOMINIC PALOMBO
Dated:
, 1993
Dated:
, 1993
EllB.CIIASE&
- ..
. '
CHECKERS D:RIVJr,1N RJi'STAVRANTS.
INC.. . Delaware corporation
By: '1? LA- -? a-
Dated:
, 1993
~
PAGE 8
SENT BY:CLEARWATER.FL,
; 8-27-93 ; 8:39AM
Lnc.LI\c.l\s'"
.
.
, .
DIIlO Limit ..
9.11 In the event a tully executed copy of this Contract has not been returned to Sellers
by 5:00 p.M. on J" u 1 u ..1 u_, 1993, Se11m shall bave the right at their option to terminate
this Contmct upo~ to Purchaser. m
-'
JI~tive Date
9.12 The Bffective Date of thiJ Contract abal1 be the date on which this Contract i.
fully executed.
ARTlCLBX
Authnrlugpn
10.01 'Ibis autbotizatlon wlll be executed simultaneously with the approval of the
aareement by the Sellen, but shall be a conditional authorization which shall terminate
automalica11y at luch time u either party under the provisions of the A,crecment dec1des not to
continue or cancels the Agreement.
10.02 Purchaser Ihall provide Sellers' Alent and Sellers' Attorney with copies of all
documents, app1icatiODl. eorrespondence sent and received, and notices of all hearings and
meetings acheduled by the City ot Boynton Beach, its commissions, boards, or other
aovemmeDtal agencies in the development and pennittinl process; and in the event Purchaser
cIecideI to withdraw from the Alreement'f1 work products in the possession of the Purchaser
ahall be delivered to the Sellers' agent, includin&. but not limited to, smvcys, soil teSts~
engineerin8 reports, and all related data ~ r development of the site.
~pies 0+ h
SBLLEBSl fl.')
ADIENCE EQtJl'l"lES. INC.,
a Delaware corporatlcna
FSTATE OF R. MARSHAlL BROWN,
~d
Dated:
, 1993
By:
DONAlD M. BROWN,
PersouaJ RepresentatlYI
Dated.:
, 1993
By:
wn.t.LUlD M.. BIlI.f nWSt PresIdent
FRANCIS A. ASTOlUNO
JAMES W. HART
MILDRED S. ASTORINO
JOANNE HART
Dated:
, 1993
Dated:
, 1993
GRETCHEN P. BROWN
Dated:
, 1993
Dated:
,
!J .:.....Z:/
. 1993
,i
!j
ftlRClIASER;.
CHECKERS DRIVE-IN RBSTAlJRANTSt
INC., a Delaware COrporatiOD
By: ~'f M' ~ 11-
,
Dated:
, 1993
06I02J93
PAGE 8
SENT BY:CLEARWATER,FL.
""n ':
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;-8~27:93-;-8:39AM-;-
.' - - - - - CHECKERS::" - - - - - - - - - - - - - - - - - - - - -; it 13 - - - -;' ,
Time limit
9.11 In the event . fully executed copy of thiI Contract baa not been retumed to Sellers
by 5:00 p.m. OIl :r lJhL!J . 1993. SeUers shall have the right at their option to terminate
this Contract upon wrl~ notice to Purchaser. )1IJ1J _
Bffective U~
9.12 The Bffective Date of thia ContraCt sba1l be the date on which thls Contract is
fully executed.
ARTICLE X
AuthorlzadOll
10.01 1bls Illthorlzation will be executed simultaneously with the approval of the
qreement by the Sellen, but shall be a c:onditioaal authorization which aball tcnninate
automat1ca11y at luch time u either party under the provisions of the Agreement deddea not to
continue or caneeI. the Agreement.
10.02 Purclwer shall provide Sellers' AleIlt and Sellers' Attorney with copies of all
documents, appJ1caunll.l; correspondence sent and n:ceivc:d, and notices of all hearinis and
meedftl. 1cl1edu1ed by the City of Boynton Beach, its commissions, boards. or other j
gcwernmeaUal qmclM in tbe development and permittina process; and in the event Purchaser ,
decldea to wit~w froEn the Aareementl~work products in the pouession of the Purchaser
aba1l be delivered to the Sellers' aamt. incluc1ins, but not limited w. surveys, soil te.Sls
enatneerlnl Jeports, and all related data Ii development of the site.
.8ELLEB& Copieft ~~
ADIINCE EQtJITIBS, INC.,
a Delaware corporatlOll
~~Pnsldent
DatI1d:~, If) . 1993
llSTATE OF R. MARSHAlL BROWN.
D<<~..,"
By:
DONALD M. BROWN.
Personal Representative
Dated:
, 1993
DANCIS A. ASTOlUNO
JAMES W. HART
MILDRED s. ASTORINO
Dated:
JOANNE BART
, 1993
Dated:
, 1993
GBETCBEN F. BROWN
DOMINIC PALOMBO
Dated:
, 1993
Dated:
. 1993
~
CHECKERS DRIVE-IN USTAlJRANTS,
INC.. a Delaware eorpontloD
BY:.!1? ~ /\ h LL.
Dated:
, 1993
SENT BY:CLEARWATER,FL.
.....7... "",.,
;~,...:-'" .' t H ,. I
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; 8-27-93 ; 8:40AM ;
CHECKERS='- -- --. - .. - .. - - - -- -
;#14
. I' ,
TIme UnUi
9.11 III ~~ .: ............ copy of this Coatnd .... IlOt been JeIurD<d to S
by 5~OO p.m. Oil t 1993, Sellen shall have the right at their option to terminate
thlJ Contract upon notice to Purchaser. P'
lW'ective Date
9.12 'Ibe Bffect1ve Date of tbia Contract IhaIl be che date on which this ContIact is
fully cxeculed.
ARnCLB X
Authmi7JlftGD
10.01 1bia authorization will be .ecuted limultaneoualy with the approval of the
~ by the SeUerI, but shall be a condilioDal authorization which aba11 tcnninatc
."tom-dcaI1y at such dme as efth<< party under the provitiODS of the A,reemCGt decides not to
condnue or ~. the Aarccment.
10.02' Pulcba.ter 1haJl' pmvlde Sellen' Aaent and Sellers' Attorney with copies of all
documenta, app1k:adona, ~ IeDt IIId received, and noticea of all hearing. and
~. IChedu1ed by the City of Boynton Beach. its commiJlions, boards, or other
IDVmlmeAcal aacnclCl in the development and penniUina process; and in the event Purchaser
d.ecidea to withdraw from the Aareement~work products in the possession of the Purchaser
abaIl be delivered to the Se1Jrn' qent,. udina, but not limited to, surveys, soll tcsets,
ensJlleerina reports, and all related data development of the site.
. .~ ~pitf> o{' ~
By:
WD~J.'ARP M. BW.T.oWS. PresIdent
ESTATE OF R. MARSHALL BROWN.
Deceased
By:
DONALD M. BROWN,
Personal Representatl',e
ADJENCB EQtJ.-l'.lIf.l5t INC.,
a DeJaWHe corporatlOll
DaU!d:
, 1993
Dated:
, 1993
J~.;J ~
IRANCIS A. ASTOBlNO
ilJiAD~~~~r
RED S. RJN
JAMES W. BART
DalecI: rf-' i
, 1993
JOANNE HART
Dated:
, 1993
GItETCBBN F. BROWN
DOMlNIC PALOMBO
Dated:
, 1993
Datal:
, 1993
EI.IIlCIIASEIh
CIIIi'.CKERS DRIVE-IN RESTAURANTS,
INC., a Delaware COrporatlOd
By: .1f ~h /J-
"
"1,..;.,
Dated:
t 1993
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; tl-27-HJ ; U:52AM ;
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;#15
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TimeLimU
9.11 fa the evmt . ftJUy r-cutal copy af thIa Contmct baa DOt been raumed to S
by 5:00p.m. on n :Su lu 1 -,1m, Seller. ab.a1l have the risht at their option 10 tetminatc
tb1I Contrld upon ~ to PurcIwer. 1/'/7
RflWoJive D~
g.12 1be 'flIfeotlve Date of th1s Contact Iball be the date OIl which this Contract iJ
fully cucuted.
AllTICLB X
A\lthoq:r.atkm
10.01 Thill IIIIhorizadoD wiD be aecuted limu1taDeoua1y with the approval of the
.....t by the SoUan, but IbaIl be a coaditional authori.zatioa which aball terminate
autornatlnill1y at IUCh time u citber party under the provisions of the Aareernent decides not to
~"\Je at ~ Ibe Ap:cmalt.
10.02 ~ aha1I pmvlde Sellen' Alent and Se11en' Attorney with copieI of all
documenta, appJi,.tioM. 00I'DIpC)Adcnc: acat and received. aDd DOticea of all hoarifta. and
wn-dDlI lCbeduled by the City of BoJlUOft Beach, ita commiaionl, boards, or other
10VtII'IUII.al1llaaenciea in the devclopmcat and permittinc process; and in the event Purchaser
decideJ to withdraw from tbe Aareement'~a11 work. prodUctl in the pouessJon of the Purcbaler
Iha1l be delivered to tile Se1lon' IImt, incJwH"I, but not limited to, surveys, soil t.cstJ
~"eerina 1epOttI, &ad all relaaed data , development of the sUe.
8BI..LBB&1 ' l'Apits 0" (1/1/1
A.1J1"F.'iCE EQ1JITIES.lNC., :!STATE 0J'll. MAIISBALL BROWN,
. DeJa...... corporatioa Deeeued
By;
....\VII.T.T...lIl) M. B1Zf~lnws. p,..Id...
By:
DONALD M. BROWN,
Penoaal Repf'Ml'ld.t1ve
Dated:
,,' 1993
Dated:
. 1993
11lANC18 4. ASTOlUNO J'AMa W. BAllT
MIl nREl) S. AS1'OlUNO . JOANNEBAllT
Datal: . 1993 Dated: . 1993
~ DOMJNIC PALOMBO
DatII1.I:)uL. J.f.- ' 1993 Dated: . 1993
EIIB.CBASBB:.
" ..
nD'.r~ DB.IYE-INBESTAlJRANTS,
INC.. a Delaware eorparatloD
. By: r;? ~ /;7 /L.
.t.GMW13
.. .
'.' 't. ,
,:.4,~'''~.: ",,:,., _~~>>.
." .~... ...-...,
Dated:
, 1993
PAOB 8
.::l[:.J'1I LH; LLt.AIO\ A I t.K. r L.
8-27-93 8:53AM
CHECKt::K~...
:#16
ADDENDUM BY AND BETWEEN
ADIENCE EQUITIES, INC. ET AL (SELLER) AND
CHECK~RS DRIVE-IN RESTAURANTS, INe., A DELAWJUU: CORPORATION (BUYER)
1. The complete list of Sallers is as follows a Adianoa
Equiti.., :Inc., as majori~Y owner, I'rancis A. a.na Mildred S.
AB~orino, James Wand JO Anne Hart, Dominic Palombo, the Estate of
R. Mareh~ll Brown, and Gret.chen F. Brown.
2. Purchaser requests from Seller two (2) thirty (30) day
extensions from the 120 day permitting period, it building pera1t.
bave not been drawn on the prop.r~y.
3. This oontract is also contingent upon Purcha.er securing
financing for the property at. terms and conditions suitable to
Purchaser. Purchaser shall have 120 day. after the etfective date
of this contract to secure such financing-
4. This addendum shall become pare ot the contract and will
have the Samo torce ana effect.
-:fL..". ....,1 -\...t.....L..:-u\.n:t.lL..l\.\ l L.
, O-LI-~u ; O;QJAm ,
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EXfi.IBIT .tA II
"SELLERS"
DOMINIC PALOMBO 9."
FRANCIS A. AS'J!OltINO and
MILDIUm S. AS'1'ORINO, his wife 9.7'
JAMBS W.. HART and
JOANNE HART, b1. wife 9.1\
Estate of R. MARSHALL BROWN,
deceased 4..85\
GRBTCHBN F. BROWN 4.85\
ADIENCE KgUITIU, llfC.., A
Delaware corporation ~1,2'
~AL 100..00\
01 CI RAYMOND J.. POSGAY
1211 East Broward Boulevard
Fort Lauderdale, FL 33301
(305) 764...5543
SENf B(:CLEARWATER, fL.
8-27-93 8:54AM
CHECKERS...
,,1-10
EXHIBIT "B"
DESCRJPTl~
THAT PART OF SECTI~ 20, T~SHIP 45 SOUTH, RANGE 43 EAST,
PALM BEACH COlHTY. FlORIOA, De:SCRI8ED AS FOLL~S.
CClr'I1ENCE AT THE SOUTHEAST CORNER OF SAID SEC'tI~ 20, THENCE
S.88002'21-W., ALONG THE SOUTH lINE OF SAID SECTION 20,
1631.39 FEET. HORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE
OF A FORTY FOOT ROAO AS SHOW'-I 0-4 PL.A T OF SUBD I V t S I ~ OF SA I 0
SECTION 20, AS RECORDED IN PLAT BOOK 7, PAGE 20 OF THE PUBLIC
RtCOROS OF PAlH BEACH COUNTY, F~ORIOAI THENCE N.Oo4V'09-E.,
ALCNG SAID EAST RIGHT OF WAY LINE, 73.84 FEET TO THE NORTH
RIGHT OF &.lAY liNE OF" STATE ROAD 804, AS SH~ IN ROAO PLAT
BOOK 2, PAGE 220 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
~LO~IDAI THENCE CONTINUE N.oo~9'09.E.. ALONG SAID EAST RIGHT
OF ~y LINE OF THE FORTV FOO~ ROADJ 33.00 FEET TO THE POINT
OF BEGINNING, THENCE S.440.0'~I.E.. 27.8Y FEET, THENCE
9.890~P'53-E., PARALLEL WITH THE SAID NORTH RIGHT OF WAY LINE
OF STAT I ROAD 80~. &43.47 tEET, THENCE 6.95002'5'-E., '0.26
FEEl. THSNCE N.ooDO'07-E., 37.43 FEET TO A POINT ON A CURVE
CDN~E NORTHEASTERLY WITH A RAOIUS OF ~27.~7 FEET, A CENTRAL
ANGL~ OF 3013'44- ANO A LINE RADIAL TO SAID CURVE 8EARING
N.140S8~34.E. (SAID CURVE SEING THE EXISTING T.l.t.F.
RE8~RUATION LINE AS SHOWN ON THE SAID RIGHT OF WAY HAP FOR
STATE ROAD BO~ AS RECORDED IN ROAD PLAT BOOK 2. PAGE 220),
THeNCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE. 29.73 FEET
TO A POINT OF TANGSNCY, THeNCE N.4Io47'42-W., 225.01 FEET TO
THE SAID EAST RIGHT OF WAY lINE Of THE FORTY FOOT ROAD.
THENCE S.oc49'09-W.. ALONG SAID EAST RIGHT OF WAY LINE,
20S.90 FEET TO THE SAID POINT OF BEGINNING.
CONTAINING D.SlS ACRE.
~ 1 OF 3 -
SENT BY:CLEARWATER,FL.
; 8-27-93 : 8:55AM ;
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SENT BY:CLEARWATER;Fl.
8-27-33
8:55A\1
CHECKERS-l
;#20
DESCRIPTION:
"Y~t'~L ;/. '~(Jt::> ~1J'.n:
~~"tt~.l 4J. /,,~;? $~.""r.
That part of S.atton 20. Township '5 South, Range q3 East. Palm
Beach County, Florida, described .. follows:
commsnae at the Southeast Corner of .aid Section 20. thenoe
8.88 02t21"W., .lona the South Line of aaid Section 20. \631.39
Ce.t to the .aaterly risht or way line of a forty foot road 81
shown on plat of SUbdivision of .ald Section 20. 8S recorded In
Plat Book 7. page 2B of the Publio Records or Palm Beaoh County,
Florida; ~h.nce N.O ~9'09"E., alone said easterly right or way
line. 312.7~ f.et to line 50 feet southwesterly of and parallel
with the centerline of Old Boynton Road snd the Polnt or
Beafnn1n81 thence S.~lo~1'~2uE.. along said parallel llne,
225.01 feet to 8 point or curvature or a curve ooncave
nort~.aaterly with a radius or 527.-1 feet and R oentral an&le
ot 3 13'Q4-1 thence 8oHtheaaterlJ. elong the arc of aa1d curve.
29.7~ feet, thenoe S.O OO.07-W., 314q3 feet; thence
S.85 02'51"1., ,qO.3~ feet to 8 llne 53.00 feet north of and
parallel with the centerline of State Road 80Q as shown on the
rleht or way map reeorded in Road Plat Book 2, page 220 of the
rublAC Recorda or 'alm Beach County. Florida, thence
5.89 59'53"E., alons said parallel line. q5.67 feet to I point
on _ curve oonoave to the pgrtheaat with 8 radius of 368.91
teet a central angle of 23 ~1t37. and a chord bearing
N.53638'30-W.; thenoe northwesterly. along the era of said
curve, 152.58 feet to a Boint or tangency; thence N.ql ~7'42.W..
110.00 feetl thence s.qe 12'18"W., 10.00 feet to a line 15.00
feet north...terly of and parallel with the centerline of Old
Boynton Roadl thence N.~,Oq1'_2.W.. alona said parallel line.
227.66 reet to the interseotion ot the northerly prolonsatlon or
the said easterly right of way line of the forty foot roadl
thenee 8.0 ~9t09"W.. .10ng said proloneation, 96.00 feet to th~
laid Potnt or Beglnnlng.
Cant'tning 28,537 square feet or 0.655 acre, more or le~,.
~ . ~urth8Z: cleacr1bed as t:hat. portion of 'Old Boynton
~o.d' ly1ng.nQ~th of the north Fi9~t of w~y line of S.R. 804 per
Road PlAt. Book 2~ Page 220 and 'east of ~he eAst line of the 40'
'~9CJc' ..road depicted 1n, Plat of..t.he SubdiviJ,l1on of Sections 29 and
20, ~own&hip 4~ South, R.ng8 43 East, PlAt Book " pege 20, lying
1525'+- wast of the 8outh_.at corn.~ of said plat, both doc~en~&
recorded in ~h8 Public Records of pal~ Beach County, Florida.
"~~U"4111/~/JI/..~~:~ ."-~~1.~.p~. ~~~~~~!:. t4 ~~
0'81IE., SUITER & O'8RIE., IIC.
"INGINEERS. aURVEYORS. LAND PLANNERS.
Hot NORTH FEDERAL HIGHWAV. Oil-RAY BE4CH. FLORIDA
Ij~Y4? 1S'?t? . . _I, N'-V&'
'~.J;"'.. ~4- 5#EeT ,2.IfJ/ R OI4I1I._:et1../~
"c"w,I't7J LJrJf('~Vr"'''',c/.. "/~i/I/, z
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SENT BY:CLEARWATER,FL.
8-27-93 8:56AM
CHECKERS-I
;#21
EXHIBIT "CII
"
I
aV'1'llO~t.a.,t(). POll CIIlIOUU Dltln-tJl U,'''UUW'J'R, :rife.
: IfIO act' u 'LOIr1ft
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OWh.r Of'" the re.i"r ..tat.. p~()p.rt;y G..or-lb..! belo" ...eI 100....4 at
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~ (th. "O..l..a 'r..t......, 60 hereby oon.titute
."., .ppoint aft autbort..a r.pr...D~.t:lv., ....-... -A.n M'" -AI
i Of (~lUCCIC.1t8 PklVIll"XIt
l' b.~" _ ........--.-....-..-.
1l18lf~U'lUUftC8, fIIHe., to aot tor .. ar.d in .y .,am., pl.o. anO ati...,
to elo ane! p rfora all ..uS everyth1ft9 ",",e..to.oeYer raq\lt..l t. an4
n.c..earl to be dOll. in and about t.h. Demieat..s 'r..t,.. .. f\l11y,
to .,11 ift~.ft . .,ul purpo...t .. ! lti9bt ot' coUle do it per.Oftally
.I'..."t, :"l~h rUl1 pDv.r to .ppeaJ';' btttot<a aDY IftunioLp.1
,o'V'.,r""'."~.lJ .uthorl~y vito" adMlnl.t:l"at.lY8I,. aavi.ory or lIIu..i-
~\leto1.1 po er. fot' t.he purpo.. 0<< obtall\lfto any approval,
&uttlori..tlo~, lice".. or p.ndt. tor the alln...tlon, 1:on1119,
.i9'kin9, plll'ttlnq and allcd.liary 4evblop"'.nt ()f ~he D.",t..4 Pr..i...
r.lh~tD9 to ~b. oO"8truct.ion Of . Ch.okerh Drive-In ~..~.uran~,
..a1CI D.,,1..4 ~r.lI\l... beil\9 aor. p.~t.toularl)~ d..carib." .. 102.10".'
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IN WXTMt88 WWIR~D?, t hay. hereunto ..t. .Y haft8 aft4 ..a1 ~h.
_ day of _! , 1'_,
'ea:L." .ft. o.11'YAI'.4 11\ the
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