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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 -J- . 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. -1- 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. -.3 - 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. -t.j'- . 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. -l ~ 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. <6-' 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 -/~- 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. - J !J- ~ 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. ~/ 1 Ne old " AN/mh A:CHECKERS.TRC .- / f? ~ . _, '4 '-~'~ <'~ - /~ .' ;, " "":' 1:"',. '. ;/ ,~'.::I '- ~ ~ .',), \( /). c; h."1 '/ I~ , vtl.,-Z. . , . . ytJU .. '6t 0-L 7,\..... ~._ r' . .) :,," . ::-'. /::-. ~~ .. S TAT E 0 F F LOR IDA ,'" .~J .~ . ~'. D.E ~A R T MEN T 0 F COM M U NIT Y A F F A IRS . .. .~'.", ~/ ".~ t ,Il ,It' 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 ~ 1{; - ~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 ***************************.************************************************** A..) ~ OU \1-lc~ ~\O\-tl~ h~ ~\'t-\:::G.,~_ '?'.b\...':> - ~~?~ '..'? 0>MW\0c... 6 I ~. fN..U)'~~9 '0"-{ (~ \0 ~ ~ t-OT \?) ~~9\~G? ~"p ~ ~Vl) '?lA0 PGe:<=;;> FJO~ \.A~\ ~~\c:.. c) \ ~A ~u. ~D -Q.~GtL\et0 \)A'i.\~ ~ ~S? 6>~ AO..)G.c;.t"~. !) ') ~91~\7\\X? ~~IVA(sle \~)..:,O'"'\' \\UvL-UQeO wi \\~\.C;? W~\~l- M.A.)C. . A1]~ ~weO \0 &~ ho.. 'r--\. ~. eJ6\n~nb~ COHMETq3 ~ V\NlFt..n" FIt--.1.I'LID ~.CI"" B.1..62-401!1"7S'Z,J \ ,\ " , . o lb ~ E~'1'Sl..~t'\ is. WnA"',.~b'<....12eJI.se ~'A(\S ~ ~c..\-"'J:>tO;r SiT]) RS'~~ s4(\. ~) ~u ')(-;nb> ~~..~ UV"\CJ rr~'~ .~'~f." "f\~~ ~1("~'baTs-r'b Wit A-2.. ~'V""\ ~ ~ ?.!Id ~G. ?a..u~~V"\6. eak)~ ~ IW'\QrD~ ~:>h.&JlO be... ~Of, ~ '" ~'"T1::1 02>~C2..M'''-~ ",,;~ ~ ., R'::1> ':;-p>s "fOn- ~'lr'\ ~ou1-~ ~ '"Pu~PtNr ~ F\A- 5r.Pnure;. 3'10 .o7~7 ~ ~En"Oneb ~f\fT6e: ~~, ~~ Lz, F."DQ\. ~d t~ ~~. ~~e ~nA-e.€ ,'~ (\0\ ~l \-\c.A . ' ~~ ,4\\ ~'Ptl\_A:-\ S-u;.n~e" Ie.- S-rop - 'fl~ -A--a.... .snM\ A--lso :bf; \1'\ ~'-'" U)\~ ~ ef ~. ~ . A:COMHENTS. WPS - bh 1/8/93, Rev. 8/93 -1/ -- r ;....---- 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? ~ lit r c:a"'-==C 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 - 1.3 --- T-' ' =?':'M [-~- .I,..J.. .: :. ~ -;~"E~- E '='-T : FIRE 0E?Ar~~lE:';T hEMOEArDt.;;vI :'IC. ;t~ -::;~ ;.Ie-=: t:... :ilLl.Llg .:ilia Z~nl.ng Depal-tmen t F _l~~ : e~',~l""t=-(~e~L:' .: c t: b .;:;.- ~:. 1 :' :. -.: T ? C 5.: t. e ? _ a :-~ =:H:::CTE FS ~e ~~.3.'/e n~:b~ect.:'0.1S t;) tIlls pldn. !,,}:.: . '.: ~ ~ It '.r-. - .J/~'M 'rI.i...~':"'.J..r. . kWC D. C.'\ Vl-.NAU ~E r , _ E'J Yl\IT:f'i B::A:H ? I RE =: E: : .~_ ~ -=- ~ ~:: 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 , ' , I '-, , '-t" ...'. 11_ 4._ =-" MK/jb ~\!~~ Gel ~_ :1 ~1 q"" I ,.:> - ,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 " c- .- ~ 7 - "I r- - I tJ (.) t.:1I ! \ nl' tll I: ~ , I, r:, I f-.J \ f.\ :.: I 1',1 I 1'.1, 1'1 \ 1"1 \ (. II ::":1 ~ I ~ 1 a 11:11 % \ \-;1 'I' ~HI \.'., . ~ tl .Q : \1 ~~ ~ q ~ L ~II 0 I' \ \ . \ I I '"J' r .1 l'\ \.1 ) I \' I \-'\ I I _._._._._._e_e_e-.- _... - - . - - - - - - - - - - -1i:W-0u5 80MON' ROAD ~ II ~~! - J; I .! =~E:' II :i - E "'I" / ,., ~. / I! / ~ 0 / . l' / / t''' 1/ -I 1/' I~ 1/ ii II / :. II ) II! II" II I" I . t 1 ~ I . . ;.! 0 l~ Vl .,. ~ ! ~ i 0 ., - a~ ~ o. ... > N ~~ r.- en i;:l Z" ..... . .: f! . '" L :: ".. ~ BOYNTON BEACH CIIeckrS FACILITY .."". ICIL an. a CIUI ..~ .. , _ [ LANOSCAPE I _.... ...::. -_~~.. ,.on ~h_ PLAN I I' 1.1, III II -jD - " ~ ct 1 V(,~ 1 ',J b~ " , ;. ~~~ IG I~ .. ~ ~ ~ ~ ~ ",1 './ ~ .II - -~ 'I. _ __ A0'2 I //^ 1 ~ "'/:' ..Ir' . OO'(t4TOH ~E.A~H e,.~VO.. ......... -r - - ... - \ \ ~ . /,,;- .e-- - \ -- (!') ~~ ,', ":"" . . " IO~ - ~ ..~ I._ I- \.hl I @ . \0-1 - --- ---- ~:~\OJ' ~~ "@ ~' / -y/,~~\-- 4<' -,:,- -0 <@1- \!i" ~- ~ r/-/)"'i:~~j ; '~/~::\"'~ ,// --.I" , \ ' ~-' ' ...- ' . . . ,3,14,'5, \.;. \1. 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'"'y:r_ . - ~ TI'. n toM ~[ rI.....- . l .," ,~~'\oI\'i.,n-\.Uo>'-.~ '\Ilr.--:~\\ ,~j~.. peO _' __ ~~,) ~~ \ ." iIiI ":'. ~..... \~ \I ~\ \ ~ ,~"", __ p ~ AC" ......... """""~ [ 1 '\1'1)..I,;J\ \" ' I, ~ ,'~ . . \ , I, '. . ,3fiG' 7 ,I- .\ 1 ~J.l' ~ - ". m\\\\ ~ "'\ I ~ --<< . ..~~'2' . ~ \ ?: ~ ~~ \..J ;~~~\ i\\l\\\\\' ':':" '\ ~ '! -, tl\\\1 \W t::\ ~ { l> . . ',\S \ .'.1.i~' - -:4,fJ -p't. ~. ~, ~ ~ ~ E ~.F'F3,~; .,\~ ~~J ~1\;\~i~~~~\l\f1 .~, ~ ~,} ~.~ "", , \ ' \ '<ir I: ,iCJ' ,~I . ",,):::[.JC;.11 t'JllI'" ;' IL'~ Cl \ \ \, \ ~ .--' & \-.\m!1;. "I-\~\~\G ~~\t\\f~~\\-i .- n '1- l l\. ,~ "" .. \-{A'u\:1!;\-'-" Ol:" .,..,. ~"~\r- ~I\I\.:.\-,\\I · . '.:;.,,~ '" 'i- ~~i' :' - \ \ 'T~' ~.. , '- \ U .."" _ " \ ,",. ' .J' ' ";, , ,,_ .--. ?'" '.1'" r'.W I '\ '\ . _ .I 1 ,.,' :,... .,." \' c '\1 . "",-:" / c" r \ \~ :\ I=\~~ ~~1' ~ ,- , ::i: ,o:rc' " "," '(11.\ ! I . r-- \..-.I ..... J~:1 [1 - . I u;..J-l .: _ ' ...... ~ ',,, . i i \ 'AI< " " ,J'o'i " .' , . ' -- ->;j ~ ~ ' .. ....~ ' . \ \ ; ;u..,.;:;.",~' ',' .' ~~~ ,',' \ \ \..\J\~a.O \-- rll ., c ' ,.,v' .' - ........ ,,~ \ ~ '1 \ '., .... 'i. L ~ '"," .' ... \ ,\':: \' 1-'-' . ," ,;,~" ",ce." ,(':1 :~::~7:6~;j'~~ '; \..( .. ", ' \ ~i , "...110..: ..,\.,' 'CS' \ \ ~. ,\/8 M\LESV I \ ~\~~ 0.- ~1 P ~.J I I' II \\\\\ \ \' '~~l, ..~~ ,.)I~ ~\L ,'0 400. 82.~ rEE.' _.f' lo-q~ .'~~ ~t;... \, :rl Pt1' I '. _~r==- \//\\\1;-~/~'" ,...- :,. ~ \1 _ '" _-" 1 LOCp....nON Mp...P CHECKERS .:'1' ,/ ; 1,\:, F '?; " ~ 1=''\ p.. p.. ,..1 \ ,. 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 ,-<:' ~ n ~.r'.t' ~)." ,~ tfl~ "," Lrt ~ 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 - /1 , i .... - '\ ' ' V,Qi' ~O Ii'" 1\"1 ",' .J'o U' - 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'" ~' / .... ",: !"'\.r~';r...( ~ Mayor Pro Tem Matson asked that the comments i ncl ude the ,/,-,,,,,. the discussion which was just added. ( /l I! [f' \ -(, 'j ') ~'-' ,../ ,('\..- ;r~' ~ .~ D' ~ 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. ; , . ~. .... "II ~ . . . .. .. _ .. _ _ ... ... ... .. .. ... .. .. .. ~ & _ _ . ,. 1 aVftO~t.A"IO. POl OIIIOIIU J)lr"oIoI.ItJ!:lf~0RAJft'8, tNC, I '1'0 Act' U "811ft' " ! 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 j . I . (e.. .nib:l ~ "AIt at:tao1l.& bl.J~.tO) , I 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 ___ J ! -- P<I"I_~'_'_._., .....-........ ...__~_.__..._.__&. Pril'lt.~ Na1'l\el' J : I. T 8.1~TE 01' ~+~CTICUT COUNTY OIP .......-1 I '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.~ ~.~.! _ c.,'#;;;;;;_i;7tKPiml_~ ~~!:EAL) " 1 . 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 ! (8.. .kblbi~ "A" at:taoh.a bll.IJ~.t;O) I "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 ... j _. - ..._~..;_ _..... ... ,........._ ..._..____"'. e"~, ..._.___. I>J~int.d Name f : ............. I J T r p- I 8~.r~rl!: OF .....2]~~YLVANJ;A C()VNTY 0' 2.~GHEN'~,-_ I I 7r~ '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 I 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. " J 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... I I (8.. .nib! ~ "A'. at;taobea 11iI~IJ~.tO) I . 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- I ....-.. T T ... eClat. I\Y band .f1l" ..1\1 .tb. I I Prr:~*;,;: .";&,;;';..-. I 1~.l'~TB 01' ~~t1SXLVf\N~~ C()UNTY 0,. ~ I '1'he tor~9oin ~ d I,y 0 f ~ I ADIENCE EQUITIES, INC. a Delaware (fo~'on ~::::i;:~t-OO~_L. ..~...__._.._-- WILLIARD M. BE LOWS, President ~:(poration. I I 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) ,. I aVftO~tl~'1'IO. POll ODeDU DREg--XII U:S'AIJJWft'B, IltC.' : IfO Act' U 1\(J8lf'1' ! I, .... LL' . ,.. 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~~: . _ t-. /j i Prlnt.t1 N-;~f-NA,r.~Y-~4i1N 7N& 8'tAra 01' ..JAJ~XLVANIA COVNTY OP ~~fGHENY _ I ~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) . . , .,....... 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 " i 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, I 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+' I I 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 / . I Notarial Seal Jeannette M, Mi~, ~ Pl.tlIc NlMV~aCa~99t(S A;L !:." .~ .; J . . . .. .. ... .. ... .. ... ... ... _ .. ... .. .. _ _ .. ~ . . " ,.1' r_ f..O Ln 1- ~~ ',:::; cc (.:. ..... ~ -. I '.' , ~_. en CW') Q Q a.. Q C"oI ... CW') m I: '. j,' ( , ' , ~.. . ,ry) .):, .,~-N --- '''I..... ~ . ... ~ .tA .. ...... ~~epared ~- 8hw nturn ~~. _ .. I NEp IL E. NaoMA" It.LAlfo ' .,) . o. Bo:lr, I- Delray Aeach, FL 33444 ~J " -"", 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.~. '.. /.~ ,. I . \ ~ 'I I ; I J "I i ~ I 1 I I { l i I 1 j A 1 1 I I I '1 '. .. 1 . >..1IIIIt: ~ J -- ~~. .. ~....- lJT 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. - I' f':- ~ . ,. ;. / Q - Q c:::l 0- C) N .. ('PI a:I . '.;. ; ~i~.1 ~'..-.: .: /"j . I.' f,^ . . ~ 0 Q, Q n I ______._ .. i a "'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. - 1 OF 3 - , " J ~ ,j.,' \lt~'~ \\ "~ ~~" l,. \ - "" ~ \",.. \ - ~~ ~ lift ~~ 'i~ \ ~:~ \~ ~ tilt ~, "'~ ~ I~ ~l~ \~ ." \..., ~,.. ,--' ~ \ ,:: \"'"\ ~ '! ~ :c,. ~ '" ~ ~ \ \~ \" l \ ~ ;c - 0l0:" !'Ii.... \ e ~~ ~~ ,1ft "'~ ~~ ;,!'I ~~ \~ .... ,\ ~ ,.. l : - ~\\ ;' ;.~ ~ , l ' ---- "- .::.--- .- }/Wanr \ ;/,,leef' \ I ~ tb ~ ~ ~~~ ~~~ ..... l.. ~ ~';\~ ~\~ ~~'"' 't:., ~"\S\ ~~ ~ 'S.. ~ ~ ~ ~.....-_.~ If) , ,,1#F',r II'AI' p,t K.,((p/lfAlt~II' K ,~, pf,f/P,v ptld/ IrA/E 0 _,,';"''''' tr.",,-p~ '"M!IV~'IJ f',tIft/AI ,tP,I/J ,'. .- RHH"- """ "'" ,.fAr""" ,Mnt".# / N,.~".t1Y"~ '1" ?4' ;v/' u"",,,, ,,-pM' ,--~ \ \ r- 6~" \ \"\ l~ \~\ ,,~ ~ ~~ ~~ ~1~~ ~~ ,~ C"\ ~ ~~\~ ..- ~ ~~i~ -c;.'f.. ' -~~ , ,,~ Itt \ ... .~~* "1 \.-. C7_~ ~, ... ~ {l ~ ~ '" .. i\4 ,~ 't~~ 4" it ~~ !.\ '\ "- ..\ \ ~O\ ~ ,\ ~t~oa ~ \~ ~~~ ~~ - . .~.... ~ ,~ \) ~\ ~"'ll. ..,.'" .. . ~ ,.. \~l\ ~~ ~ ,~ \6" ~ ~~ ."t \ti\ "" ,,~ '4\ ~ l' ~~~ --.:,1 ~ ~ ~~ \'\tlli PRt1~'#~P ~~ ' ,~ 1,'vr/~/rY ~~ ~ ,. ~,1'c,detlr ~l ~!l.~ ~~~ ,,\ .;il \ ~",", ~~ ~l\ ""....11\ \~ ,-," ,.;~ ... ,,~ ~f' ~~\ os to\ \ \h \f ~ .' ~ \ ," \ ~ .... " ~, 'h\\ \ ~\ ~ ~ \ \b ~ ~ ~ ~, !'\ ~ ~ ~ 'l' ~ ~ /, ~ " '!I ~ ~ ~ ~, , , ~! it -- ~ ~ N '" ~,:\" ::;: '" ~:-. ~ ~ . , "" ,.~~ t".O\ ~'" "~ ~ i ~'~ ~ 1 \ ~ :~\~~'if~ ~~~!l\">>" .. 1'\\~'~i ~~'" ~ l ~ \~ ~ ~ 1 ,t ~ ..\ I ~ ~ ~ - ~ ~~~ ,\ ,,\ ~ l t ~ ~ ~ "~l \\ ~" ==------ -- _ 2 OF 3 - DESCRIPTION: ~ ~ . .. . ~ . .. '. ........ . .. 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 ",~ . ---...-....... .. ...... -....-. ~t . Of ""', - 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. 'l- n' " , ~iv Ix '\ \ j,t" ~:.J , L'/ \Jt~ :) yt~ ,t ~ i'.,) ).. n,'\ ,,( I.. (,7 .'1'''i (l? / ~q4 /",-/ ~rrv ... \ It .'\ "I r I:J ~ft \Jr ~ .~ 7.~ 7* 2"=3 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 ( 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 ......... ...'~ . (". ..:t ,llo- . ,'>:'; "", . ,~, '1' . 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 " \ r \ " f.~lk (' . . J , 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 ': ~ i~..I~'",~. ""):' ," ;-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 ~ "'" .,.. . \ "',', ; 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 . '~..!):f' ,J, - '. ~""~~'i'\." '.." . "''\.).. ~1: ...." ''1'~.' ~C!~I lH ;LU:'.~I'\I't..~jCK. fL. . .....~~'~.I";:I.,."'.r:,:~~Io';....:...":'~. . . . ..~htt,. -", . ", . ,_ , .....~1.,., ~.. 111 ' ; tl-27-HJ ; U:52AM ; CHECKERS..... ;#15 .: .. , " 'I. 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 , lt1tlKt~S-l jJj:lI 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 ; CHECKERS... #/1.1' ~i ~ ~ ,~~ ~l II~ ~~, -. l I !! ~. !~ I ;: ~ i l: ~ 1= l ~ ~ i~ ~ Ila \l~ f ~ I~;h~\~ II!!! a~ ~~ J~J:: ~~ ~~ ;~ii~h\,,} " AtW IJI'1#' \ ~qE"c r ~ ~ ~ ~ ~-~ ~~~ ~I~ ~~'" I~~ ~~ ~ ~ ~ ~ ~ ~~'. ~ .. .. '" t~ l ~ _" ~ ~ :~. . ~ , ;. i ~ i ~ s: .1l ~ ~ ~ ~ 'S II ~ ~ ~l ~ -. ~i1~ ~ , I 11 ~ t ~ . \1 ~ ~ ~ ., ~~~ I I ~ ~ ~ l ~p I t ~ s , I t!, ~ t~ hi _tl ~ to" ~ .' ~ I tl, I ~ ~ I' ~. ~ I "I ~ ~ I ~ ~ ~ t ~ '-l ~ " ~ /~ ~ '" " ~ ~I 1 ~! t( N'1.",~.tI"'e; ",,, ~~r ., 1'- "II' '" ,~_ .. ., f'11" 'l....l~OI 1,6 QII' ,t' l,:~iI fa _ , ,_t lt~ .~ -,,- ~ -~ !fa ~l ~ ;~ ~~ It'~ ~N ~ \\ ':~ ~ ~~ ~t S l~ ~~ ~I~ ~ \ ~~ "'i ~i ~~ I' ~~ ~"'~I~ lP'v"'~~/d e";~NE~r ~~ ~ i'- ~t;~ II . ~~ - ~I ill ~j i . Iii . I llf- II' hi, ~ II '; !\ J' 'II ~ ......c ',. I: ~ on . .~ ~.. \ It In ~.111' n ~- i' l 1I1~': ~ 'lC ~ '11" p ~ ~ II ~ f i~ \ ,~I - 2 OF 3 - :#19 ./ ') !\ !:) ?~N .. ...~~ I\,~ Il\ ~ ~\&l~ ~ .~~~ ~~t~ "1 .. 1 '. ~ t~~ "5t1 ~~1 ~ . ~~~ ""1\ ~\1t\ ~~j ,~~ ~,,~ 'i' ~~~ "l ~!\\i _____ ____u_ 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 '1-'. - 3 OF 3 - 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 I I, I - .....- ,....--, .. OWh.r Of'" the re.i"r ..tat.. p~()p.rt;y G..or-lb..! belo" ...eI 100....4 at -.. , , . , ~ rp .....If ~..I~"""""".'.'''''''''''''''''''' ~ (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".' I I .. ....., .. .., . ...... .-..-.... ...... .---...--........ - ca.. 8lr:biblt. "... atoto.oll.. hlllret.O) I 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 '''.1..1\0. of. I ~-;a;i~-~~-------- . .........""'117 ....--, ... . I '1.-1 h.<l_..._____..... ...,.... ... -..... ....I..~_'_._..... t ~t-....... ....-....- ..--......--...-... ..-.-.. print." Nata..: ~ _ , 8'1'A'I'8 or ~J. I ,.... .0" COUfty OJ" --1 "he forlVOlft9 i"atrullle"t w.. .ok~o"h.49.d before .. _hia _ .. 41.y of ; o I I -~ 1 Jl:nown to ". or who ha., produaed _ ___ . _____~~,---.. ld4lntitia_t.loh. ,,'nO talC. an oat.h. i I My oo_t..io~ IUCpll"..' , . . . _::.. , '1..' It 41 & . .. .. _ _ .. . . . . _ . . . . .. . .' . _ -, 1t IIY ,.. 17 T ...................- , wbo i. p.reollallJ q ......-......--.. VhO ald/dlO bot .........- . .................. - - ............-.