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APPLICATION ~ ~...." ~I .\. PROJECT NAME: ABC FINE WINE & SPIRITS LOCATION: NE corner of Winchester Park Blvd & Boynton Beach Blvd. COMPUTER ID: ABC Fine Wine\ZNCV PERMIT #: 98-3855 I FILE NO.: ZNCV 98-014 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER/APPLICANT: ABC Liquor, Inc. Unruh, Smith and Associates PHONE: 407-851-0000 PHONE: 835-8505 FAX: FAX: 655-5525 ADDRESS: 8989 S. Orange Ave. ADDRESS: 105 S. Narcissus Ave., Ste 503 Orlando, FL 32824 WPB, FL 33401 Date of submittal/Projected meetin~ dates: SUBMITTAL / RESUBMITT AL 9/8/98 1 ST REVIEW COMMENTS DUE: PUBLIC NOTICE: P&D: 10/13/98 Out to City Atty: 9/23/98 City Clerk/Fax: 9/25/98 AdvertiseIMail: 9/28/98 TRC MEETING: N/A PROJECTED RESUBMITTAL DATE: ACTUAL RESUBMITTAL DATE: 2ND REVIEW COMMENTS DUE: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): PLANNING & DEVELOPMENT BOARD 10/13/98 MEETING: CITY COMMISSION MEETING: 10/21/98 COMMENTS: S:\FORMS\PROJECT TRACKING INFO 'BO~NTON BEACH DEV SLDG €i 5613756357 . ~PPLlCATION ACCEPTANCE DATE: ~~/tltf FEE PAID: ~tjtJo,-- Q 7-71"-'1'" - 0 - - /~li:/?,'I '1'6 ,} 6' IJ S> 09/09 -, 16:28 lSl :02/06 NO:858 RECEIVED BY STA~F MEMBER:~~~ -i/al - ~ /eJ.3L.(9 RECEIPT NUMBER:43~..- ~ /~3..s~ CITY OF BOYNTON BEACH ZONING CODE VARIANCE APPLICATION SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES: PI..8. Print (In Ink) or Type Submittal Date: The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s): Property involved ;s described as follows: Lot(s) 0010 Block 003 I Subdivision 01 Plat Book 5 Page 73 or otherwise described as follows: Property Address northeast corner of Boynton Bch Blvd. and liinchester \ Park Blvd. Variance requested Minimum distance from an int~rs~ction The following documents are required to be submitted with this application to form a single package. Incomplete package will not be accepted: 1. Two u~~led survevs by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. All property lines B. North arrow C. Existing structures and paving 0, Existing elevations E. Rights-of-way, with elevations F. Easements on or adjacent to the site \ G. Utilities on or adjacent to the site H. Legal Description I. Number of acres to the nearest one-hundredth (1/100) of an acre J. Location sketch of property K. Surveyor's Certificate 2. Two ,ItG plans properly dimensioned and to scale showing: ~.~YNTON BEACH DEV BLDG ~ 5613756357 09/091.98 16:28 B :03/06 NO:858 -- Page 2 . ., zoning Code Vanance Application A. All proposed structures B. All existing structures that are to remain on site C. Setback lines for all structures drawn perpendicular from the property lines to the closest vertical wall of structures. D. Use of each structure (or uses within multiple occupancies) E. Use of adjacent properties including right-of-way lines for all streets and alleys, sidewalks. turn lanes and driveways F. Elevations of the lowest finished floor of all structures on the site 3. Certified list of names and post office addresses of property owners and legal descriptions of their property within 400 feet of subject property, as recorded in the County Courthouse, including a tax map showing placement of 400 feet boundary. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate, as well as labels or addressed envelopes and postage (1'1 class-- stamps or payment for required postage). 4. Proof of ownership of property by petltioner(s), such as deed or purchase contract agreement. If an agent I~ $ubmlttinQ tho 138titlon. a notarizad CODY of a letter Qe.i~natlng him as such must accompany the Detltlon. 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or ~ A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; B. That the special conditions and circumstances do not result from the actions of the applicant; C. That granting the variance requeste<.l wiU not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; D. That litera! interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 6. An application fee in the amount of $400.00 plus postage. payable to the City of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. T EO-;IlTO:i E=;"C~ D:::V SLOG ~ 5613756357 09/09/r;- 16:23 B :04/06 NO:c): Page 3 . " Zoning Code Vanance Application 7. Name and address of owner: Amoco Oil Co. 200 E. Randolph DL Chiccg~ II 60501 8. Name of applicant: n[).ruh,~mit:h and Associates Applicant's address: 03te: 105 S. Narcissus Ave. St. 501 (-'\ ~ 835-8505 ., Signature of..' apPli.G~nt: \ ~ , Api)licant's phoTle #; LO BE COMPLETED BY PLANN1NG AND ZONING 1. Property is pres'2ntiy zoned: formerly zoned: 2. Property Control Number: 3. Deniall,l/as m2de upon existing zoning or sign requirements (list section(s) of Code from which relief is required): L'r. Nature of e~<ception or vari8ilce required 5. CaS9 rJu'lloer: rM:eting Date: ~,---- ~'!~......~ ~...~~.~4,;'J~-~ . B9YNTON BEACH DEV SLDG ij 5613756357 09/0?~8 16:28151 :05/06 NO:858 Page 4 Zoning Code Variance Application TO BE FIIJ,.ED OUT BY BOARD PLANNING AND DEVELOPMENT BOARD: Approved Aye Denied Nay Stipulations: Signed: Chairman 80YNTON BEACH DEV BLOG &'5613756357 09/09'-~8 16:28 ISl :06/06 NO:858 Page 5 Zoning Code Variance Application CERTIFICATION TO THE BEST OF MY KNOWlEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORReCT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANT'S "ROPERTY. ~ NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL ZONING coDe VARIANCE All application. received by the City of Boynton Beach after August 1, 1985 shan be accompanied by malflng labels with the names and addresses of all property own.... wtthln four hundred (400) feet of the .ubject property. Applications will not be accepted without these maUlng label.. CONTACT - PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE A TTN: MAPPING DIVISION 301 North Olive Avenue W..t Palm Beach, Florida (561) 358.3881 .:\IlLAHNlNO\IHAJ\IO\WP\FORMS~S\ZNCV\ZNCV..lPP JIIM', '"1 SEP-23-98 WED 02: 10 PM UNRUH. .SM ITH&ASSOC I ATES FAX NO. 5611555525 p, 01 UJIru11, smith & Associates 105 South Narcissus Avenue Suite 503, West Palm Beach, FL 33401 - .-t+'""" . ~~ -- f I ,. j . 1'. '. ! .1, . I,. . ." Da.te: Nmubcr of pages including cover sbeet: FAX To: From: MIKE RUMPF Pl~ANNING OEP1'. CHRTS KERR Ii I-..~- I~ Smith and Associaatcs . ;,i : I' II II ,,'" --.rhono: Fax I)honc: C.C: ~ ( ( ) ) 37~-6357 Phone: (561) 835-8505 ($G1) 655-5525 Pa", phone; -~ - ~II I ~ I I ii Ili/1II11 ~II J " 80YNTON BEACH DEV BLDG ~- 'i' 5613756357 09/09'~~ 16:28 151 :06/06 NO:858 Page 5 Zoning Code Variance Application Cf;RTIFICATION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FI!:ET OF THE APPLICANT'S PROPERTY. NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL ZONING CODE VARIANCE All applications received by the City of Boynton Beach after August 1, 1985 shall be accompanied by mailing labels with the names and addresses of all property own.... wtthln four hundred (400) feet of the subject property. Applications will not be accepted without these mailing labels. CONTACT - PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE ATTN: MAPPING DIVISION 301 North Olive Avenue W..t Palm Beach, Florida (561) 356..3881 ':~LANNI"Q\lHAR'D\WP\FOR.~PSIZNCWHC".APP Ju~. '"1 SEP-23-9S WED 02:10 PM UNRU~'SMITH&ASSOCIATES FAX NO. 561]~55525 P. 01 Unruh, smith & Associates 105 South Narcissus Avenue Suite 503, W~st Palm Beach, FL 33401 -. - ~~-..- .~ ~ r _--;')0",. ~ t I I I 'I' I' I ,I' .', , I'. ' ,I ' 1__ Date: N\1111bcr of pages including cover sheet FAX To: From: MIKE RUMPF PLANNING OEM'. CHRIS KERR Ullmh, Slnilh and Associaalcs -.!'honcr Fax )>horn::: CC: ( ( ) ) 375-6357 Phone; (561) 835-8505 (561) 655-5525 PrlX phone: REMARKS: o Urgent [gI For your review 0 Reply ASAP o Please comment RE: VARIANCE APPLICATIONS nus PACKAGE INCLUDES A CONrnACT SIGNED BY BRIAN DOSTER AS THE LEGAL REPRESENTA TTIVE FOR AMOCO OIL CO.. IT SHOULO BE SUFFICIEN"r AS TIlE SIGNER OF TIlE CONSENT FORM. I HA VB INCLUDED A SEP AERATE JUSTIFICATION SA TE:MENT FOR EACH VARIANCE, THIS SHOULD MAKE REPLACING TI-IEM EASIER. THANKS FOR YOUR HELP, CALL ME WITH ANY QUESTIONS. THE INFORM A nON TRANSMITTED IS PRIV'LEGED AND CONFIDENTIAL IT IS SOLEL Y FOR THE REVIEW AND UsE OF THE NAMED RECIPIENT. ANY OTHER REV,eW OR DISTRIBUTION OF THIS COMMUNrCATION IS SEP-23-98 WED 02:11 PM UNRU~'SMITH&ASSOCIATES FAX NO, 561~555525 p, 02 '==-11 =(1 =II~ "'-1"'1 UNRUH, SMITH & ,\)SOlli\TES INlU~IJUi\.\ I W . Public Poli'y :lIld Stmlegi, Planning . l~nd LIse <\I\d Zoning Malters . Lt:&iSbLive R(;gukll()~y Action . C('lv~'l'IlmCl1t I<.cl~llkm~ .l'riv8li7~llion lsslI('s September 23, 1998 Mike Rumpf, Acting Planning Director Planning and Zoning Division City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl 33435 RE; ABC Fine Wine R..d Spirits variance application for tile minimum distance required from an intersection Ourf1lc~2~0923 S.ck! Dear Mr, Rumpf, Per your conversation with Chris Kerr in my office. please accept this signed letter and its enclosures as acceptance on behalf of our office to apply and pay for an additional variance for the property located at Old Boynton Rd. and Winchester Park Blvd. The additional variance is submitted based on your interpretation that the existing driveway is non-conforming and that any development to the property will require a variance. This variance was not included in our original application due to the fact that we did not believe that a variance was necessary for an existing driveway whose location was determined by FDOT. We will deliver the $100.00 fee for the additional variance this week. Thank you for notifying our office of the discrepancy a.nd accepting this letter, Please call me with any questions or comments. Ellen Smith, AICP enclosures 105 Slllllll N:'J)'(:i~~us AWllue . Suite 50.3 . W<:.q P~IJ1llk~c:h. nor[(h1l~tJOI · 561-835-8505 · F~lx: 56! 655.5525 SEP-23-98 WED 02:12 PM UNRUP-SMITH&ASSOCIATES FAX NO. 5816555525 P. 05 APPLICAnON FOR VARI-aNCE ABC fine Wines and Spirits Number of Parkin.g Stalls: SectIon, SUbsection and PSl7Jgrilph number of specific requirement to whIch variance Is requested and exact language contaIned in the Code: A variance is requested from City of Boynton Beach Land Development Code section H. 16.d.(12). This section requires that retaJl services not specifically listed provide one (1) parking stall for each two-hundred (200) square feet of gross floor area. Nature of Variance Requested: ABC Fine Wine and Spirits seeks to reduce the number of required spaces from forty-five (45) to forty (40). StCftement of Special Condit;ons, Hardships or other reasons Justifying the Requested Van'ance.' ABC Flne Wine and Spirits seeks to purchase from Amoco 011 company a .839 acre (36,717 square foot) lot in order to buiJd a one-story 9,000 square foot retail store. No drive-through window is Included in this request. Retail liquor stores are permitted uses in the C-3 zoning district. The City's parking Code does not have a specific classification for a retail wine and spirits store. Because of the unique nature of wine and spirit retail stores, the general parking ratio required by City Code exceeds the needs of the store. Based on experience of ABC stores across Florida, it is unlikely that more than 40 cars will ever be at this location at the same time. The ratio of one (1) parking stall for each two-hundred (200) square feet of gross floor area Is the same ratio as for grocery stores, where shoppers spend far more time and turnover is less frequent. Owing to special conditions of the characteristics of this particular use, a literal enforcement of the generalized parking ratio contained in the CIty's code would result in an unnecessary hardship not cre~ted by the applicant or his predecessor in title. Special conditions and circumstances exist which are peculiar to the physical or topographical features of the land or structures within the City. The lot is small SEP-23-9S WED 02: 13 PM UNRUl-LSMITH&ASSOCIATES FAX NO, 561[555525 p, 06 and other contiguous land is not available as two roads, exist\ng development and a canal ROW bound the site. Although the lot is small it Is most appropriate for retail uses, The proposed development is well below the City's maximum lot coverage. At the C-3 district's permitted forty (40) percent lot coverage, a 14,686 sf building could be built; however, the small size of the lot restricts the allowed uses that could be developed. This is because of parking requirements for retail uses (except gas sales, truck and boat sales) could not be met. The literal enforcement of the Code would deprive the applicant of rights commonly enjoyed by other properties in the vicinity. A corner, such as the intersection of Boynton Road and Winchester Blvd. Is most appropriate for retail uses. The special conditions and circumstances do not result from the action of the applicant or his predecessor. The City's code does not address retail liquor stores. Also, the lot has been In this configuration for a over decade, except for a FOOT taking that reduced the lot's size. The granting of the variance requested will not confer on the applicant any special privilege that is denied to other lands or structures in the City. It is appropriate to base parking requirements on the unique needs of uses. The granting of the variance is the minimum that will make possible the reasonable use of the land and structure. In order to meet the City's parking code, the building must be reduced by one-thousand (1,000) feet to eight thousand (8,000) feet. This would render the building too small for its intended purpose. Included in the retail store is a storage area - which does not generate parking-- and a small section for gourmet items. Typical new ABC stores are approximately ten thousand (10,000) square feet. Proposed lot coverage is twenty-five (25) percent compared with permitted lot coverage of forth (40) percent. The granting of the variance will be In harmony with the general Intent and purpose of the Code and will not be injurious to the neighborhood or otherwise detrimental to the publiC welfare. In fact, the granting of this variance is consistent with the City and Region's inflll development goals. SEP-23-98 WED 02:13 PM UNRUHLSMITH&ASSOCIATES , FAX NO. 581a555525 ,. . ., 4 / / /1 ~E.NDUMJ:O CON'1JlA.CI BUYER.: SE.LI..BR: ABC UQUORS, INC. AMoCO on.. COMPANY p, 07 This is im Addendum to m1d II. pm of the Contnct ~ the Buytrr ULd the Se1J<< for ~ pt'Ot)<<ty located ..t Winchmer Emd Boynton :Bach Blvd. in Dcyn~ Bu.c.h. Florld.4... ... SIl>l , V ~ N I, CONTINGEl:fCrnS: It it undemood and. &~ that the Bu.Yet' intends to coMtn1ct (). ~,"', 5;~l!.. IO/{).jO Sa,,:T; and opmue a paeJa.ee rtorJUpon tM ~~ preaUlIefS. Thie Contract is erxpreuly eonditianeod upcu Blol)'Z' obtal~ aU neoclMl)' liCCl1K8, permits, zoning ~., ~t8CturIl ~ -wroval. and engineering studies to eoable it to fill and comp~ the pond locat~ on the ~ and to cc:mfttuct and opente l.l'~ 1Jto", from th~ .uhjcct prc:m.1tft. Suehlloen.~, ~t.a, zoning awrovalr, ~d entine-cring Jturl1l:l11 1h3.l! ine!ud.e, by way of oxam~le, but mall not ~ limited to: ~ bui1ding permiu. curb e'Ut:9, ava.iability of .~ and \V~et to the prop~ line; approval of the Division of Aleoholic B~enges and Tob~ of the State of Florida to ~ a liquor licc:nJ~ , . allowing &ale of liquor, beeT and wine for ~on offthA ~ses to the mbje= ~ IUhjeet borin.p and t'DgincetiDg &tUdies showing the lend to be tuitAble for COtUtruct{tm of'Suyer'. mndard building without !'Ubstmtial fill, grouWti or unusual fOund..ati011; an e!1viron:mcnt1l order sh.Mling . tha.t th.etCl a:ren,'t =y tQ,QcJ c:xplolJlvo, hazard.o\z.s., ~lC'tUt1, contmnlnantt,. ehemieaJ:5, petro chemicals 01' pollut~t rnbtUmces p~ent on the subject b:nd!; lID1 RpproVal t:Q fill and eompa.ei the pond ~c:ntly located 01:1 the prcmillIU; said a;pproya1.IJ bJ be obtained on Ot' ~foro 180 d..ay1 from the effective dAte of this Contract. In 'the event my ohuch licenses, permits, zcm.tng ~al5 r;nd Im~g 5tudif7t are not obbUned by the Buyer 'Nitbi.n said tim~ then and in th.t evc!'t. ~ B~ sha11 have! the option of CBnetlling this Contract. Seller h~ a\.t~ auyer to 1CDCl:Cut(l em l' @ -".loJd8"t :EI2l e6, ~ ~klr ._. .nnl!nn ", .c f'f: at u/oe It 0 -.,,':>....,.,. - SEP-23-98 WED 02:14 PM UNRUH-SMITH&ASSOCIATES FAX NO. 5616555525 . P. 08 r ~ ! I ..0I- I Seller', behalf all ~ning appliearlcnu IUld reWed p~ \Yhich mAy b. nccwu:ry Of'delinLbll!l fur the accomplishment oftnc ocmtingmcles hereit1 contained. SeUtt ~ tx'J tign ~on lett<<s and to o1h~e coop<<"ate with Buyer in applying for ~ Ucm.se:s e.nd pc!l'n.)n. In the evt::nt li.\c:.h itppn)V1I1s IU'C unavailable within aald porlod. thc:n. at Buyer's optlon by givi:n.g ~ ~tioc to SeUer prior to the expirad on of uid peri 00, thiJ Agree2:r3ent may M, (i) declared nu1J ~ void I:nd the ea.meft ~ney depo..ited will b<: rcfixnded to Buyer,~. (iJ) ed=ded tor two (2) e.dditionaJ. period! ofthitty (30) d.ays el.c.h by ~ Si~8 proper notice to Seller prior to the expiratiQn elf uch cxtmuiOtl period. :Each notice by Buym' to Seller tn ~ Cloaing &h.a11 be &eClJmpAnied with paymetrt 0 or ~ f1Xtention. which Will be appUod to the purc:1we price at Closing. In the event tho approvals arc unavailAble during the ~on periods. Buyer may waive !hi. c;cm~eney and ~ immediatol)' to C1o~ng or; this ~et1t 'Will bel null and void and the Nm6.tt monc:y dep<)s.ited '\Vill be refunded to 'Buyer. . ~~." r"" 110. .I.... .tr.y ..-" ... ~. J:IOo.f. ~ l eP m.! -'<<~ Buyer aha11 pay the ~ of rewcordin.g tbt; Deed and .1~ own attorney"s f~. 3. ~slfT~: 1M Duyer .hall have. the right to f1m2O, thi.ll Contract to any te1ated pltrty. A "related puty~ 'Within the m=anina ottbis proviIion is intended to iad\ldc any members of the ftanllies who ftt'Q the ~ciarles orthe txust which bold! me .rtoek in ABC UQUORS, INC., tny QIltity con~l1ed. by suc.h pmOnl, and my Qutlifiod Inb::nnediary U!<<l to effef:tUate I taX free Q:eh.m2e on behalf' of ~y of the .for1l~J. -2.. (0 ~ Wd81 :E:~ 86, ~8 ~r - totlnOO!:2l D ~i:st te)oe)t~ SEP-23-98 WED 02:14 PM UNRUrLSMITH&ASSOCIATES FAX NO, 561li555525 e - 4. .cLO~INCl: This ContrU't 1hall be cloled by IIl. alent of a title i.D.runnce COtDpIn}' authomed to do btuinen in the St1te ofFlorlda and the etMinl!hal1 be held in the eotmty m which thl!l 5Ubjoct hmd is locme:d OT some: other locatiOtl in Florida a.ceeptablt; to both tho auyc:t snd Soller. s. ItXCF.PTIONS,.IO Trn.:B: NotwHhltU\ding tho martCft eomai.cod a.s a.ccept8ble matters in the Special Wa:rrmty Deed listed on Pasc 1 ottbe pri.ft.tod Contt'act.;Buycr may object to those matten ifthr;y are corrt1incd in tho tide com.m.itmc:o.tl and Paragraph No.3 on p&,iC 2 shAll lII)ply, 6. D~O~JT~ 1he deposit etlled for heJU ,hall be held by ~ E. Bowie.. P.A., 205 South Hoover Blvd.. Suite 402. TAm1'''' florid.- 33609. S ELl ::EtA: BUYEll: A>>C LIQUORS, INC. ~~2 AMOCO OIL CO~ANY ~!YBY; fi;.2~ ----::-:_ BRlAN R. DOSTER ATTORNEY -t~FACT U:\I...:7tl\j1bo-\(67 J }ADC~.&.cf!dUl'l\ 11:1 c~~, /WlJ1 -3. P. 09 G) - - 'Wd'8't :~C! ae, DE ~t- -. ,- ..-..- ~ n: III U/Ol:/to ...." ~. nn.... i ~!l' ;..,-: " < ,('. f '-.(.,,- ~ \J~ This Instrument was prepared by and should be returned to: MICHAEL A. SCHROEDER, ESQ. Schroeder and Larche, P.A. One Boca Place, suite 319 Atrium 2255 Glades Road Boca Raton, Florida 33431-7313 NOV-04-1992 08:3&3m 92-336903 ORB 7462 P9 600 Con 665,000.00 Doc 4,655.00 CLERK OF THE COURT - PB COUNTY, FL PROPERTY CONTROL NO. 08 43 45 30 01 003 0010 WARRANTY DEED This Indenture, made this ;).}, day of October, 1992 between WINCHESTER, WINCHESTER, ZEIHER AND SCHROEDER, a Florida general partnership, Grantor, whose tax identification number is 59-2081484, and whose address is c/o Schroeder and Larche, P.A., suite 319A, 2255 Glades Road, Boca Raton, Florida and AMOCO OIL COMPANY, a Maryland corporation, Grantee, whose tax identification number is 36-2440313, and whose post office address is c/o Dorothea J. Lidd, Esq., Mail Code 1406A, 200 East Randolph Drive, Chicago, Illinois 60601. Witnesseth that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold and by these presents does hereby grant, bargain and sell to the said Grantee, and Grantee's heirs and assigns forever, the fOllowing described land, situate, lying and being in Palm Beach County, Florida, hereinafter referred to as the "Property") to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE SUBJECT TO: 1. Taxes for the year 1992 and subsequent years. That certain Easement recorded in Official Records Book 4220, at Page 272, of the Public Records of Palm Beach County, Florida, as clarified DY that certain Affidavit from Bill R. WinChester, Elsie A. Winchester, William A. Zeiher, Michael A. Schroeder and Leslie C. schroeder, as General Partners of winchester, WinChester, Zeiher ~nd Schroeder, P.A., recorded under Clerk File Number V '1Z- '37(;.902/ , of even date herewith. 2. r ORB 7462 P'.l 601 3. Easement in favor of Florida Power and Light Company over the south ten (10) feet of the Property, pursuant to an Order of Taking, dated October 6, 1980,. styled Florida Power & Light Company vs. Leta M. Morningstar, et al, Case No. 80-388-CA(L) 01, Circuit Court, Palm Beach County, Florida Reserving unto said Grantor, its successors and assigns, a perpetual, exclusive utility easement, over, under" across and through the easterly 6 feet of the Property for the installation, maintenance, operation, replacement and repair of utility facilities, equipment and reasonably necessary appurtenances thereto, including but not limited to, pipes, conduits, lines, poles and wires, together with the right, after reasonable prior notice to Grantee, to enter upon the Property . for the purpose of installing, operating, maintaining, repairing and replacing utility installatior, 'i within said easement area, provided that the surface of th~ Property shall, upon the completion of such work, be restol:ed to substantially the same condition as existed before the work in question was performed. Any party exercising the easement rights crea.~~ hereby shall indemnify and hold harmless Grantee, its successors and assigns from any actual loss or damage sustained as a result of the indemnifying parties negligent acts o~ wilful misconduct in conjunction with same, it being understood, however, that in no event shall this indemnity be deemed to extend to or include special, punitive or consequential damages. ft'" and said Grantor does hereby fully warrant the title to said Property, and will defend the same against the lawful claims of all persons whomsoever. "Grantor" and "grantee" are used for singular or plural, as context requires. -2- : ,;}; ORB 7462 Ps 602 IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. signed, sealed and delivered in the presence of: (Print name of witness) ,/~~~ l~ri~e~m: Qriw' ~~&N~ItM~HE . l....J";{. /. ~i't-~ ~.--ct./!~"'U\'~ .~_/ 'l'iln1nl' Rarbanos (Print n~.. ,.,-y- JUDITH~~S (Print name o~s CPtlfi1:2~ ~ (Print name of Witness " r.J .L '\ ~t . WINCHESTER, WINCHESTER, ZEIHER AND SCHROEDER, a Florida ~~'2;:Ztk BY: ~i:.L R. WINC:ESTER, Individually and as General Partner c~ C2 rt.bu./zUZaJ BY: ELSIE A. WINCHESTER, Individually and as General Partner ~~__~c=) .-?: ~ (.. - =::-- {' ------ ~: WILLI ~HER, Individua11y and as General P tner Ilt(j;~ (}-1}; h /(J;t:(ll/ . BY: LESLIE C. SCHROEDER, Indivi'1ually MICUAEL A. SCHROEDER AND LELLIE C. SCHROEDER as Tenants by the Entirety, as General Partner -3- ORB 7462 P9 603 STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me on October, ~3 , 1992, by BILL R. WINCHESTER, both individually and in his capacity as General Partner of Winchester, Winchester, Zeiher and Schroeder, a Florida General partnership, who is personally known to me. Print, type or stamp commissioned name of Notary Public - state of Florida My Commission Expires: My Commission Number: My Notary Seal: .~;;;;:;,... OFFICI,'.L SEAL /~.\ JUDITH LYNN JOCIS i . ; Notary f'llbli~ St.l. of Florfde , . ,;: I Comm;.sion No. CC 1250211 '.<~!..~...., EJcpi.... August 27. 1m STATE OF FLORIDA ) COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me. on October, ~~ , 1992, by ELSIE A. WINCHESTER, both individually and in her capacity as General Partner of Winchester, winchester, Zeiher and Schroeder, a Florida General partnership, who is personally known to me. ~]oas Print, type or stamp commissioned name of Notary Public - State of Florida My Commission Expires: My Commission Number: My Notary Seal: .,..;;;;:;,... OFFICI/.L SEAL ...~., "\ JUDITH LYNN JOCIS I ' \ NOl8ry Public SI81e 01 Floltde " .. ,;: J CommiSSion No. CC 12502l1 .,.:~.~:....., Expl~ August 27, 1 Ql)5 -4- ORB 7462 P9 604 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on October, ~, 1992, by WILLIAM A. ZEIHER, both individually and in his capacity as General Partner of Winchester, WinChester, Zeiher and Schroeder, a Florida General partnership, who is personally known to me. '~JOCIS Print, type or stamp commissioned name of Notary Public - state of Florida My Commission Expires: My Commission Number: My Notary Seal: STATE OF FLORIDA ) COUNTY OF PALM BEACH) ..:;;'::;;~" OFFICI,".I. SEAL ;' ~ \ JUDITH l YNN JOC.s \ ; NO!dry Pt,t-!IC 510:' 01 flOrida \~.It.:ll....~..1 ComO:is"on !-Io. CC 12.5021 ........ Exp"", AuOU.'1 27. 1996 , The foregoing instrument was acknowledged before me on October, j" , 1992, by MICHAEL A. SCHROEDER AND LESLIE C. SCHROEDER, both individually and in their capacity as General Partner of Winchester, Winchester, Zeiher and Schroeder, a Florida General partnership, who are personally known to me. ,/~~ Print, type or stamp commissioned name of Notary Public - State of Florida My Commission Expires: My Commission Number: My Notary Seal: (jj\frm\gre\wwzsamo.wd1\10/12/92) ....-;:;:;:;~.\ OFFICIAL SEAL ! ~ ) JUDITH LYNN JOCIS 1, .,., t Notdry Public SI6I" 01 Florida '{'.. ,~/ Comml.,loo No. co 1250211 .,....... Expl,.." Augusl 27. lG95 -5- ,-..,-. -"--_._----~------_._,------- ~ ". ORB 7462 P9 60S EXHIBIT "A" A parcel of land lying in section 30, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Tracts A & B, Block 3 of PALM BEACH FARMS COMPANY PLAT NO. 8 of section 30, Township 45 South, Range 43 East, Plat Book 5, Page 73, of the Public Records of Palm Beach County, Florida SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northeast corner of section 30, Township 45 South, Range 43 East; thence with a bearing of South 87'32'47" west, along the North line of Section 30, a distance of 60.00 feet to a point on the West right-of-way line of Congress Avenue; thence continue along the aforementioned course extended a distance of 733,74 feet to a point; thence with a bearing of South 01'18'43" East, along a line lying 120.00 feet West of and parallel to the East line of Tracts A & B, Block 3, of the above described P18t of PALM BEACH FARMS COMPANY PLAT NO, 8, a distance of 25.00 feet to a point, said point being t~e point of beginning; thence continue along the aforementioned parallel line a distance of 191. 04 feet to a point on the North right-of-way line of Boynton Beach Boulevard; thence qith a bearing of South 87.32'47" West, along the North right-of- way line of Boynton Beach Boulevard, a distance of 168.43 feet; thence North 46'52'58" West, a distance of 35,71 feet to a point on the East right-of-way line of Winchester Park Boulevard; thence with a bearing of North 01'18'43" West, along the Easterly right-of-way line of Winchester Park Boulevard, a distance of 165.54 feet to a point; thence with a bearing of North 87'32'47" East, along a line lying 25.00 feet South of and parallel to the Nortn line of Section 30, a distance of 193.94 feet more or less to the point of Beginning (jj\frm\gre\wwzsamo.leg) RECORD VERIFIED DALM BEACH COUNTY. FLA CLERK CIRCUIT COURT I I I '/ SEP. 8,1998 2:51PM SEt:, -UI! ~5IrKI) 113:,)j ABC LI JR SEP-04-98 FRI 12:40 PM UNRUH,SHfTH~ASSOCIATES NO. 778 P.3/3 TEL: 4078! ..69 FAK NO, 5B16~~~~,~ p, 002 r, UJ/UJ ,. 1\-\ - ,-.['- (~' .~~J \ ) C/\!o ". r~~\"l ''i ~ '~l\ () "' R.E: Co em for: Yllrinn~e..411DlicAti&" for tile CitY orBo~nton BeAC.h. This form s wJlsCIVc as consent fer lJnftlh. Smith .. 6-$SodA~!I. Inc. 1.0 act as petitioner and. .gent, to prElpare an aubmll all doCUmeBtatioA afFecthl' the subject property Qfthis petition as it relates to the property under Gontract to purchase as de,ertbed in any ofthc rollowing applications. (I) (We) u erstand thAt tills application and all planl and paper. submitted herewith become & part of the permanent ecords at the Plannins and Zoninl Bonr~. (1) (We) hereby cenift that the above statements and any Sl emcnts or showings in any paperll or plans lIubmitted herewith.are troe to the best oE(m,y) (our) knowledge and belief. This applic:&tion will net be ac.cepted unless &ig.tled according to the instructions below. .. ~HlIJC ~ ~~ c:.c.l'H1",4,u>, r---- . . ... AJ)DElSDU'1Y1 TO CONTRAC1: BUYER.: SELLER: ABC LIQUORS, INC. AMOCO O~ COMP Ah"i ThiB is ~ AddClldum to and I!. part ofthc Con1n.ct between the Buyer and the Seller for the property looated a.t Winchester and Boynton Bach Blvd. in Boynb:m B ~ Florida. S I to, , <v~ Q." 1. r.ONTTNGENCIES: It it undentood and a~ that the Buyer intends to cOD.5trUCt ~/j..t. S,' ~ e. IOIOt'O SQ, ~T; end operate a. package ~ tho subject premises. This Contract is erxpreuly conditioned upon Buyw obtA;ni'llB aU nccc:asmy lic:eosal, permits. zoning approvals. ~~ review cpproval. and engineering studies to enable it to fill and compact the pond located on the premi.se8 and to constrw;t and ~ a pac.hge stoll' from the luhject premitet. Such licera~ pamita. zoning approvals, and engineering studies Jhall include, by way of exmnple, but Ih~ not be limited to: %OIlin& building permits. cU1b C1rt!. avaibbility of sewer and water to the property line: approval of the Division of Alcoholic ~cvent.gel and Tob~ of the State of Florida. to traDJfer . liquor licenJe allowing we of liquor, beer and wine for eon.sumption off the premises to the aubject 1mds; subject borlni! tnd ~eering studies showing the land to be suitable fur cons1IUCtion of Buyer' I stmdml building without substantial ~ groutini or unUIUal foundation; an cnviromncDtal order showing tha.t there l1'fm't any toxic, explosive, ha:lardoua, petroleum. contmninants. ehemica.15, petro chanicals O1'pollutant substances pment on the subject lsnd!; fIn epproval to fill and compact the pond presently located on the pn:mise&; said approvah to be obtained on OT heron, 180 dayI from the effective date of this Contract. In'the event my of such licenses, penniu, zoniIlg approvals and engineering studies are not obtained by the Buyer within said time, then and in thAt evert. the Buyer shall have the optio.n of cmccling this Contract. ~ller hereby auth.oriz.es Buy<< to executo on t @ _ ..Wd8t :e;~ 86, et I-Jl::lt._ tOO/ZO~~ _~~__~ _~___~__ ".__._~-----'-- .c. H:ot "lot/to - ...~ . ~ Soller', behalf all roning applicmons and related PRPfIfJ which mAy be n~ or dttirable for the accomplisbmc:nt ofthc contingeocies herein contained. Seller ~ to tign ~on kttera and to otherwi1le cooperate with Buyer in applying for ~ licemes and pc:rmjts. In the event such appruvah are unavailable within said period. then. at Buyer's option by giving proper notice to Seller prior to the ~irat1on of laid ~od, thiJ Agreement may be, (i) declared null md void and the earnest money dcp08ited will be refunded to Buyer,,pr. (ii) extonded far two (2) additional period! of thirty (30) dzyl ~ach by Buyer giving proper notice to Seller prior to the expiration of e.!Ch e:ttenJion period. Each notice by Buym- to Seller to extend. Oooing MAll be accompanied with pa.yment 0 or each extension. which wiU be .pplied to the purchue price at Closing. In the event the approvals are unavailable during the extc:n!i.on period!. Buyer mAY waive thil contingency and proceed immediatoly to Closing or; this Aireement will be null and V()id and the earnest money deposited will be refunded to "Buyer. ~:~:::.:::;~::=:=::::-XeP its own attorncy's foes, 3. ASSIGNMENT: 1M ~ shall have the right to assign this Contract to any related party. A '1'elated party" within the memins of this proviJion is mtcJ.dcd to include any mernben of the famili~ who are the beneficiaries of the trUst which holds the stock in ABC LIQUORS, INC., any entity controlled by such per!ons, and any QuAlified Intamediary ~ed to effecmate It tax free exchs:nze on behalf of any of the foregoing. -2- (0 - Wd8~ :E0 85, eE t-J:;f - - tOO/COO~ D n: ~1 te/oe /to e e 4. CLOSING: This Contract shall be cloted by In qent ofa title insurance company authortted to do busincn in the State ofPlorida and the closing shall be held in the COlmty in which the subject laDd is located Ot' some other location in Florida a.coeptable to both the Buyer and SeUer. S, EXCEP1'IONS TO TITLE: NotWithstanding the ma.tten oonuincd a.s acceptable m8tten in the Special Wmmty Deed listed on Page 1 of the printed Contract"Buytt may object to those matten if they are eonbined in the title commitment, and Paragraph No.3 on P&iC 2 8h.a11 apply, 6. DP.POSIT: The deposit called for herem ,hall be held by Marguet B. Bowles, P.A., 205 South Hoover Blvd.. Suite 402. Tamp~ Florida 33609. SEl:.T .rot: BTJYER: AMOCO OIL COMPANY ABC UQUORS, INC. ~~2 ~~BY: A.JDd.-:- BRIAN R. DOSTER ATTORNEY -tN-FACT u:~~\r67J)Aec~~um b Connct.~ll3Ml -3. 6) " ft,..ftT ell/flf'/Tn - - '"Wd8't :Ela 86, OC ~r- - -'.- ~nn/,.nn"" .____---1-____ -- ---- -- ~ PRE-APPLICATION TRACKING LOG PRE-APPLICATION MEETING Contact Date: 2/24/99 Meeting Date: 3/8/99 Time: 3:30 PM PURPOSE OF APPLICATION: New Site Plan ZONE: C 3 PROJECT NAME: ABC Fine Wines & S irit PERMIT NO: 98-3855 Attending Staff: Mike Rumpf, Bob Donovan, Ken Hall, & Ed Yates Attending for Appli~ant: Michael Sexton, Pres.lSexton Engr. & John Schulte Phone: 561 792-3122 Fax: 561 792-3168 Name of Owner: Tim Hardtman Address: Phone: Fax: Name of Applicant/Contact: Michael Sexton / Sexton Engineering Address: 1200 Corp. Center Way, Suite 102, Wellington, FL 33414 Phone: 561 792-3122 Fax: 561 792-3168 Project Address: 1531 W. Boynton Beach Blvd. & Winchester Rd. PCN: 08-43-45-30-01-003-0010 Phone: Fax: T e of A lication: NWSP Type of Business: 9,000 sq. ft. Retail Store Date Submittal Received: Received: I Date Denied: COMMENTS: J :\SHRDA T A \Development\PRE-APPLlCA nON TRACKING LOG FORM.doc