Loading...
APPLICATION ,,--' . . ,.. ....., PROJECT NAME: ABC FINE WINE & SPIRITS LOCATION: NE corner of Winchester Park Blvd & Boynton Beach Blvd. COMPUTER ID: ABC Fine Wine\PKLV PERMIT #: 98-3855 I FILE NO.: PKL V 98-003 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 meetine dates: SUBMITTAL / RESUBMITTAL 9/8/98 1ST REVIEW COMMENTS DUE: PUBLIC NOTICE: P&D: 10/13/98 Out to City Arty: 9/23/98 City Clerk/Fax: 9/25/98 Advertise: 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 (,. I Y OF BOYNTON BEACH, FLORIDA PLANNING & ZONING BOARD APPLICATION FOR VARIANCES TO PARKING LOT REGULATIONS This application must be filled out completely and accurately and submitted in two (2) copies to the Planning and Zoning Department. Incomplete applications will not be processed. PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION. 1. Project Name of site upon which parking lot is located: ABC Fine Wine and Spirits. 2. Date this Application is submitted: $ppf:pmhpr 8, 1998 3. Applicant's Name (person or business entity in whose name this application is made): ABC Liquor Inc. Address: 8989 S. Orange Ave. Orlando, Fl Phone: 407-851-0000 Fax: (zip code) 32824 4. Agent's Name (person, if any, representing applicant):* Unruh, Smith and Associates Address: 105 S. Narcissus Ave. St. 503 WPB, Fl Phone: 835-8505 Fax:655-5525 . A letter from the applicant or owner authorizing the agent is required. (zip code) 33401 5. Property Owner's (or Trustee's) Name: Amoco Oil Co. Address: 200 E. Randolph Dr. Chicaqo, II (zip code) 60601 Phone: Fax: 6. Correspondence Address (if different than applicant or agent)": agent address above ** This is the onlv address to which all agendas, letters, and other materials will be mailed. 7. What is applicant's interest in the premises affected? Buyer (Owner, Buyer, Lessee, Builder, Developer, etc.) Paae 2 Aoolication for VariancL to Parkinq Lot Reaulations 8. Street Address of Location of Site upon which Parking Lot is located: Northeast corner of Winchester Park Blvd. and Boynton Beach Blvd. 9. Legal Description of Site upon which Parking Lot is located: see Attachment 'A' for complete legal description 10. Intended Use(s) of Site upon which Parking Lot is located: 9,000 sf ABC Fine Wine and Spirits Store 11. Developer or Builder: 12. Architect: 13. Landscape Architect: 14. Site Planner: ABC Liquors Inc. 15. Engineer: DRMP Inc. 16. Surveyor: Manucy Surveyinq 17. Traffic Engineer: 18. Copy of last recorded Warranty Deed included? (check) yes 19. Letter authorizing agent (if any) included? (check) yes 20. Site plan and survey (2 copies each) attached? (check) yes 21. Number of variances requested on the following sheets: Two (2) NOTE: A separate sheet must be completed for each specific design requirement (Sec.5-141) or permit application requirement (Sec.5-142) to which a variance is requested. The undersigned hereby petitions the Planning and Development Board to grant to the petitioner a variance to Article X "Parking Lots", of Chapter 5, "Building, Housing and Construction Regulations", of the Code of Ordinances of the City of Boynton Beach, Florida, as it pertains to the property described in this application, and for the reasons stated below: Section, Subsection, and Paragraph number of specific requirement to which variance is requested, and exact language contained in the Code: see attached Nature of Variance Requested: see attached Paqe 3 Application for Variances to ParkinG Lot ReGulations Statement of Special Conditions, Hardships, or other reasons Justifying the Requested Variance (attached additional sheets if necessary): see attached (1)(We) understand that this application and all papers or plans submitted herewith become a part of the permanent records of the Planning and Zoning Board. (1)(We) hereby certify that the above statements and the statements or showings made in any papers or plans submitted herewith are true to the b (our knowle e. his plication will not be accepted unless signed below. Date: ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- SPACE BELOW THIS LINE FOR OFFICE USE ONLY! ! Date received by Planning Department: Date reviewed by Technical Review Committee: Dates of Advertising for Public Hearing: Date of Public Hearing before Planning and Development Board: ACTION: Approved Denied Aye Nay STIPULATIONS: S:\PLANNING\SHARED\WP\FORMS\APPS\PKL v\PKV APP .WPD SEP-23-98 WED 02:10 PM UNRUH,SMITH&ASSOCIATES FAX NO, 5616555525 p, 01 Unruh, Smith & Associates 105 South Narcissus Avenue Suite 503. West Palm Beach, FL 33401 ~~::~~'~'r~ ----- ~~"~7"""- ,. I I: I I 1\ \' j ',' I " . , ',: I) ',.. \ , 1\ i '- I ... {~ '. !, ' ,I ..' ,. Date; Se tember 23, 1998 Nmnbcr of pages including cover sheet: FAX To: From: MIKE RUMPF PJ"ANNING DEP1'. CHRJS KERR Uumh, Smith and Associaalcs Phono: Fax phone: CC: ( ( ) ) 375-6357 Phone: (561) 835-8505 (561) 655-5525 Fa:\; phone: REMARKS: o Urgent ~ For your review D Reply ASAP D Please comment RE: VARIANCE APPLICATIONS nns PACKAGE INCLUDES A CONTRACT SIGNED BY BRIAN DOSTER AS TIlE LEGAL REPRESENT A TTlVE FOR AMOCO OIL CO., IT SHOUl..O BE SUFFICIENT AS TIlE SIGNER OF THE CONSENT FORM. I HAVE INCLUDED A SEPAERATE JUSTIFICATION SATEMENT FOR EACH VARIANCE. THIS SHOULD MAKE REPLACING TIiEM EASIER THANKS FOR YOUR HELP, CALL ME WITH ANY QUESTIONS. THE INFORMATION TRANSMITTED IS PRIVILEGED AND CONFIDENTIAL IT IS SOLEL Y FOR THE REVIEW AND USE OF THE NAMED RECIPIENT. ANY OTHER REVieW OR DISTRIBUTION OF THIS COMMUNICATION IS SEP-23-98 WED 02:11 PM UNRUH,SMITH&ASSOCIATES FAX NQ 5616555525 p, 02 ~ =-11 ~Il -lilT UNRUH, SMITH & i~SSO(IA TES ti INLOKI'OiV\ I W . rublic PnliL"Y and Strategic: f'1::nnin2. . L::ll1d Lise 311d ZonIng M:\llcrS . LcgisbLivc RCblJl<ll()~y I\c"l\an . (;ov<'rnmcnt ReI::\l k1n~ . I'riv3Linlion Issues 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 ftnd Spirits variance application for tile minimum distance required from an intersection Ourfllc";l~09238.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 I3lvd. The additional va.riance is submitted ba.sed 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 110t 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 Sllulll NJrm~us AVl.:l1uC . SuilC sm . Wc.c,t P:.1lm l~e:1c!\. [(mid,) BIOI · 561-835-8505 · F,IX: 5GI GS5552S SEP-23-9a WED 02:11 PM UNRUH,SMITH&ASSOCIATES FAX NO, 5616555525 p, 03 APPLICAnON fOR VARIANCE ABC Fine Wines and Spirits Qriveway distance from an intersection: Ourfile4250922S.el<3 Section, Subsection and Paragraph number of S{JeCific requirement to which variance is requested and exact language contained in the Code: Two variances are requested from City of Boynton Beach Land Development COde Article II, section B.H.3., regulation of driveways. The City's land development regulations require that parking lot driveways be constructed at least thirty (30) feet from the intersection of right--of-way lines along local streets and one-hundred and eighty feet (180) feet along streets of higher classification. Nature of Variances Requested: ABC Fine Wine and Spirits seeks to place a driveway approximately one-hundred and forty six (146) feet from the Intersection of Old Boynton Rd. and Winchester Park Blvd., along Winchester Blvd., a collector. The existing driveway that provides access to the site for westbound traffic travelling along Old Boynton Rd. will also require a variance. Sti!Jrement of Special CondItions, HiJrdshlps or other reasons Justifying the Requested Variance: Owing to special conditions of the characteristics of this site, a literal enforcement of the provisions of this chapter would result In an unnecessary hardship not created by the applicant Or his predecessor in title. The special conditions and circumstances that exist are peculiar to the physical features of the land. It would be impossible for any user of this land to meet the driveway requirements (distance from the Intersection [1601 and minimum driveway width [201) without l! variance because of the configuration of the lot. The lot has only one-hundred and ninety-one (191) feet of frontage along Winchester Park Blvd. For safety of loading vehicles, the driveway is proposed to be twenty-nine (25) feet. As the existing driveway on Boynton Rd. Is non-conforming, any subsequent development of the vacant property would require the owner to submit this variance application. The Uteral enforcement of the provisions of the chapter would deprive the applicant of rights commonly enjoyed by other properties in the vidnity, that of having access from east bound traffic on Boynton Road. The special conditions SEP-23-98 WED 02:12 PM UNRUH,SMITH&ASSOCIATES FAX NO. 5816555525 P. 04 and circumstances do not result from the action of the applicant or his predecessor as the lot was reduced by an FOOT taking. The granting of these variances is the minimum that will make possible the reasonable use of the land and structure. Uses on the lot cannot be reconfigured or relocated to reduce this request without causing a request for an additional variance or creating unsafe and unreasonable site configurations. The granting of these variances 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 these variances will provide for reasonable use of the propertyls frontage, along Winchester Blvd in particular, as shoppers already travel along that road to satisfy their retail needs. SEP-23-98 WED 02:12 PM UNRUH,SMITH~ASSOCIATES FAX NO. 5616555525 p, 05 ~PPLICAnON FOR VARIANCE ABC Fine Wines and Spirits Number of Parking Stans: SectIon, Subsection and Paragrilph 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 retaU 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). Statement of Special Condition~ Hardships or other reasons Justifying the Requested Variance: ABC Fine Wine and Spirits seeks to purchase from Amoco 011 COmpany a .839 acre (36,717 square foot) lot in order to buUd 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 Cit;ys 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 UNRUH,SMITH&ASSOCIATES FAX NO. 5616555525 P. 06 and other contiguous land Is not available as two roads, existing 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) percen t. 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 infil\ development goals. SEP-23-98 WED 02:13 PM UNRUH,SMITH&ASSOCIATES T FAX NO. 5616555525 p, 07 f . ... .. / / Ii AJlDENDUM.l:O cON'l:Jl.4. CI BUYF...R: SE1...I...B~ ABC UQUORS,INC. AMoCO OIL COMPANY Thb is atl Adc:UlDdum to and a pm't of the Contra.ct between thl: Bu~ 81\d the Seller fer ~ property looat~ A.t Winchmet and Boynton Beach BIYd. in BoyJ1to-A Bueh.. FlorldL ... s (1\1 ~ ~r '/~ 1, CO~O~S: It u unclentoOd and &grDed that the 3uyet" b:1tenda to comt:rw:t ~'V ~/;"'. .s"~ll IO,MO sa.,:7; arid operate a p~ Jtot$IUpon the subj~ premi&el!. rbit Contr:lct is axprealy conditioned upon B\l)"If obtei~ aU nOOClMry licauca, pcmUts, zoning ~'" !UtthitecturII miflW approval. and cag;neering StUdic::s to enable it to fill and compli;t the pond J()Cat~ on the ~ and to cxm1ttuct and opentte It p~ sto"' fro1n tM .uhj~ prcm.itft. Sueh.l.ioerac:a, ~ta. zoning approV'l.1s~ and en~~ studle. Ihall inelude) by way of CXAInf'le, but -.hall not be lir.nited to: =niD& building perm.iu. curb cutt. availAbility of..ewtrr Imd w.:e:r to the propett)' line: approval gf the Division of Alcoholic Bev~ and Tob~ of the State of Florida to tnnIfer I liquor IiccnJe . . . . allowing we o!liquor, beer and wine for eon&u.mrmon offtha ~ses to the mbje= andA; subject borln&s and t;t]gineerlng stUdies showing th! lend to be tuitahle for COD.$truction of'Buyer'. rtI:ndard building without rnbstaDtial fi~ groutttti or tmulUal foundation; an eJ:1vimmmlntll artier showing. tbll.t there aren It az::ty tQ,ac, c:xplolJlvot b.az3rdoua, p1:'t:1'Olet1XC, contam.iDants., ehemie~J, petro c:hc:mieals or pollutant rnbmnces preaent on the !\.lbject lAnds; .a1 approval to fill and eompa.ei the pond ~c:ntly loeakd 0t1 the: premise.; said approvW to be obtained. on or bG!crc 180 d..ayt from the effective dAte of this Contnrl. In'the C"lent my of~ li~, permits, %onio.a' Ipp!OVsb .nd ~Z s:tu.di.M I.!'e not obbtined by the Buyer 'Nitbln said tfm~ then and in th..t ~t. ~ Buym' shall bave the option of clm~lmg this Contract. Seller hen:by au~ Suyer to execute em l' @ -...Wd8t :Era ee.. e'2 ~k!r._. .tH\/Znt'\ ,." .c. OTlQ1 u/oel'fo .~ .-..,..-- SEP-23-98 WED 02:14 PM UNRUH,SMITH&ASSOCIATES FAX NO. 5616555525 . / . ! / / .. Seller'. behalf all .r.oning applicat10nJ z.nd reWed p~ ...nich ma.:y be n~ or dtsirable for the accomplishment of the oontin~e:s herei.rl. contained. Seller agree. m dgn ~0Sllett.n and to othctWi!e ooop<<ate with Buy=- in applying for ~ l.lCfme:5 ~d pamjt:s. In the event 1Uc:.h approvals lU"C \.\n:Avail.ble within lAid poriod., then. at Buyer's nptl.O'D. by gi~ poropt:r ~tiec to SeUerprior to the expiratlon ofuid period, thiJ Agreement may be, (i) declared null md void ~ the e.unest ~ney depo..ited will he rofimdod to Buyer. pro (ii) m~cd ~ two (2) e.dditiona.1 period.! of thirty (30) ~ elcl1 'by ~ givUls pr09fJl notice to Seller prlOT to the expiBtion ~f eACh ct'teruriOt1 period. P..ach no1i~ by Buym- to Sell~ to ~ Cloaing Wl1 M ar:companied with paymem 0 or ~ eoxt~icm. which will be applied to the purc:1we price &t Closing. In the event tho approvals arc unavail.lble during the ~on periods, Buyer may walve rbi. l;(mtinae:ney ahd procoe.O immediately to Clol'ring or; thiJ A..ireement 'Will be nulI and void and the P. 08 ~est mon!;}' depoahcd 'Win be refunded to "Buyer. ~:::;;--lI6l'lb. At" r.;' 1ll..I.... d>,y "..," 0<1 1M GOo.t.lllo tiCi..1CP in! ~~~ Buytlt 1h.a11 pay the CM ofrccording the; Dood rmd .i~ own attorney"s feeA. 3. ASSf!}~~ lMSuyer shall hav~ the right tt> ftm2n tmJl Contract t!l any te1s11!Jd party. A "related pMty" 'Within the meanina otthia proviJion it in1cndcd to mcl\1d.; any ~bas of'the fa:mili~ who ttre: the ~ciarles of the tmst which hold! the 5toek in ABC LIQUORS. INC., trr:I QIltity controlled by such penOnll and my Qutlifiod Int:crmediary U!od to effectUAte 1 taX free ~ehm~ on behalf of any of the fo~~J.. -2.. ~ Wd81le:e 86, e~!-kif - ,CO/CMrI!l D n:~l ~) H/O(/Hl SEP-23-98 WED 02:14 PM UNRUH,SMITH&ASSOCIATES FAX NO. 5616555525 e e 4. ,CLO:C:;~: This ContrU't 1halI be clolcd by In qcnt ofa title insurance company authomed tn do btuinen in the State of Florida and the c;lMinJ ahall be held in the eounty m whieh the $Ubjoct land i. lOCll%ed or some:: other location in F10rlda acceptable to bo(h tho nuyc:r snd Seller. ~. RXCP..PTfONUO rrn~: Notwithrtu\ding tho matten contained a.s acctpt!bte mJ!tters in the Special WCJ.4J.uJ,"t'j Df!Ied liltbd on Pase 1 ottbe ~tQd COZltract.::Buycr may object: to those mattlm if they an contlined in tho tide commitment, and Patagraph No. 3 01\ Pile 2 ahAll apply. 6. m;.po~~ The deposit et11ed for ~ ahzll be heJd by ~ B. Bowles. P.A., zos SO\.lth Hoover Blvd., SUite 402.. Tampa. Florida 33ti09. S El T .:sR.: AMOCO OIL CO~AN'l BtJ'YEll: ABC LIQUORS~ m'C. ~~Z ~l\"BY: A~~~ _- BRIAN R. DOSTER ATTORNEY -tN-FACT U:\Ll7tl\j1b-\r6'J)AOC~~Uft\ ID C~..'I3M. -3. P. 09 6) - - "Wd8'( ~It~ BE.. ~ ~t- - -"-- .Q. (It: Ilt U/01:/tO -...'" ~.""""... - .<--_._._~..__.._--------- ... ATTACHMENT I~ LEGAL DESCRrPTrON A PARCEL OF LAND LYING IN SECfION 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-W A Y 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 DESCRlBED PLAT OF PALM BEACH FARMS COMPANY PLAT NO.8, A DISTANCE OF 25.00 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE AFOREMENTIONED PARALLEL LINE A DISTANCE OF 191.04 FEET TO A POINT ON THE NORTH RlGHT-OF-W A Y LINE OF BOYNTON BEACH BOULEVARD; THENCE WITH A BEARING OF SOUTH 87 32'4r WEST. ALONG THE NORTH RtGHT-OF-WA Y LINE OF BOYNTON BEACH . BOULEVARD. A DISTANCE OF 168.43 FEET; THENCE NORTH 4D 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- WA Y 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 NORTH LINE OF SECTION 30, A DISTANCE OF 193.94 FEET MORE OR LESS TO THE POINT OF BEGINNING. SEP-04-98 FRI 12:40 PM UNRUH1~MITH&ASSOCIATES FAX NO, 5616555525 p, 03/03 }:,:;:~:t;A~'):!l:::;::~:f:';Y~\;;;j::i~i~;i;~t7t!:~f;;:;rf:~:Ff:;r::,.;::;:l::::L;U(\;f:::,::~:::};:~::.;:t~~:;!E;;:::::);HcqN:~'~NT::JfQRM;:~:';:;i:i;!:::ig)E.i1:;;;:~;::::;i::~;~:;;tr;.~H;:;~;::::::1;:;[~:+tHr:1:~::;:;;!~::;:;{~);!:??:iY':N'1;;:;:::':::: RE: Consent for: Variance applicRtion for the City of Bovnton Beach This form shall serve as consent for Unruh. Smith & A~socilltcS. Inc. to act as petitioner and agent, to prepare and submit all documentation affecting the subject property of this petition as it relates to the property. under contract to purchase as described in aqy of the following applications. (I) (We) understand that this application and all plans and papers submitted herewith become a part of the permanent records of the Planning and Zoning Board. (1) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. ~~ (Sig tur <- Hal'''' L. U)I~ rYlQ,L. (Names - Please Pein <xq~q 5. () yttflj_e.. Ave . (SlrCCl Address) {J( lur'tdc C:L 3d~d1f J (City, Slate, and Zip Code) %1 - ~ S I -0000 (Telephone, including Area COde) -" . '. -*" - '" ~ ~q~ 11)....-1 F/;" I'J L '<- CO'" '11 n- ( t; .. SSt 60617 .) Winchester and Boynton Beach Blvd., Boynton Beach. FL R.al estate Contract (Surplul Future Site) ....... ~11 THIS CONTRACT. mlde thll 8 day of Dec:em~r 1997 . betwMn Amoco Oll Comp.ny, . 200 E. JUndolph Drive, Chicago, n. G 0 G a I ABC LiqUOR Inc.. a Florida ~rpora'lion . whole tdd,...', P. O. Box 593618. Orlando. Ft 32K~9-J6R8 M.ryl.nd eorponltion, with offices at het'ein.ner called Seller. .nd hnnafter called Purc:huer. WITNESSETH: That in consideration of the mutuII coven.nt. and IgrHment. herein contained. $-"er hereby .gr.- to .ell. .nd Purch..... '*-by egrees to buy, for the pne. of ____ - - Doll.,. <c,~SE I ~ ($ ~ ). .nd upon the term. Ind conditions hereinafter nt forth. the re.' ..tit. described In ~ AttlCnment~.reto and mad. . p.rt her.of, together with III improver,ujntl loclted thereon (the wProp.rty"), 8'fttt' t~. ,.r""'1 Jlr./l'''Y ..... .~..i'p'fl.M, if In" .... "''''1\ In BiI4 of eela I..lullt!l ():tlibil W ........A...1 ....,~w ...<1 ,...<I~ " ~rt ..."aof'. all other tr.de filltur.. .nd equipment .,. excepted. Seller h.,eby .gr.... .ubject to the eondltlon. hwemafttr let forth, to convey title to the Property to Purchlltr by SpeClel W.".nty 0Md, subj.ct to: (1) Existing le..I.. ...~nts, IldetntCk .nd lICeM' Igreementt. I' .ny. whether of record or not. (2) Covenlnt. .nd condition. of ~. If .ny. (3) T.x.. and .peci.,......ments aoll"st the Property. if .ny. (4) Zoning laws Ind munlclpal regul.tionl. if .ny; ."."cronment.llaws .nd regulation.. if."y: bUitdfng 111'1. ....trlCtlon.. use r..trict/one and building r..trietlonl of record. if .ny; Ind .ny p.rty Will Igreements of rtcOfd. (5) Encroachmentl. ovenaPI and other m.tt.,. which would be disclosed by an aecurete current survey. (e) The followinG covenants .nd agrMmlntl of the Purch...,: "The GTlntee(') h.....,. and h.eby covenant(l) and .grH(l) 'or Ita . Self . .nd Their. heirs, _ecutOt'l and a..lgnl, that 1'10 part of thl rell ..tIt. "fteteln conveyed Ihall be used by Hid arlmM(I}. heir., executor., gr.nt... or a"iGnl, for the purpon 0' conctuetlng or c.rrylng on the bu,lnlll of letllng, h.ndllng or de.,ing In gasoline. dl.... fuel, kerostne, benzo~ naphthl. gr..'es, IUbric.ting oil.. or .ny fUel used for Internet combultion engin... or lubricllntl in any form.. "The 'oregoing restriction shall terminate end be of no further force and effeet upon the explretlon of. period of 20 y..rs from the date h-.of. "The foregoing c:av.nent. Ihall run with thel.nd and ~ binding on ..id Grantee(I). l1Ieir hel,.., exeeutors. grant.., and III'gnl. .nd Inure to the benefit of the Gr.ntor herein, it. succ.ssors end ...,gnl" It I. further a;r..o betwMn S."., end Purena.., tn..: 1. Purchaser h.. depolited with Seller thl sum of -~ 0011.,.. (0 2. Saller eg~' to fuml.h to Purche..r withIn thirty (30) days from the dete hereof a preliminary title report or commitment to insu,. title to the Property Illued bye ,...ponllble titlelnluranc. company, or the equivalent under the Torren. Act In the event thlt the Property II regi.ter~ under the Torrens Sy.tem. .howlng title In Seller subject only to the exception. .bove ,peclfled Ind the usual exclusion. end exe~lon. contelned In .tlndlrd title Insurence polici.s. ) Purch...r .hell, within thirty (30) dlY' after receiving ..Id title report or commitment. deliver to sener I wrttten 'tltement of any objection to the titl. or a written .tatement to the effect that the title i. ,.ti'f.ctory. In the .....nt sener do.. not receive Purcha.e". written Itatement of objection. within luch thirty (30) day period. It sh.1I be conclusively prHumed thlt purche.er hll waived all objection. to title. In the event there .r. objections to the title, Seller shell be .lIowed thIrty (30) dlY' or until the Closing Date, whichever is longer, to cur. the aeme, ~d .hould such objections be not cured or W11lved Wrihln .uch p.riod, then Sener agrees to refund the e.m..t money deposit, this .greement shill therearter be inoperative end 'tIOld .nd neither Seller nor Purchaser shill h..... further liability h.reunder. 4. Purchaser's obli~ation to cloae hereunder shill be subject to Purch.ser, .t Purcheser'1 sole cost .nd expen.e, inspecting or causing an insp.ctton to b. made by qu.lIf1ed prof..slonlll on Purchller's behllf of the Prop.rty end other ...... described herein. including It Purchaser'1 option, environmentlllnspections or teltl for hydrocarbons or tor any tOltlC or hUlrdous substances. PUrchlser, hi. Ig.nt. or employ... mlY.,w\ter upon the Prop.rty for the purpose of "'Iklng IUch inspectionl Ind " - tr t..tt: provided, ~." th.t Purch..., .h.II....tt....auch InspectIons Ind te'ts with Sen.r. whO shelt h..... the right to hlv. "'<'~ I Y I ,.pres.ntative pres.nt at III tim.. dU. r1n$llntpectlon. and t..t. performed by Purch...r; th.t Purchl.., .hall provide to seller~~ S l'v/ complete copitl of th. r..ult. of .n IUch InspectloM and t..tl: that the relufts of such tests .h.1I be COflfldentl.1 and shan no~'v be reproduced or diacloled by Purchller to .nyone wtthout written consent o( Seller; thet Purch..., shill promptly repair .ny _ . .nd IU d.mlg.. to the Propeny c:.used by thM such ectMtl.., Ind shill reltort the prop.rty to the ..me condition a. before the Inspections or t..ts to the ..tisfecllon of Sell.r, that luch inspections .nd t.stl Ihan not ~ conducted In lueh . mann.r .. I> to Int.tte,e witn busln... operations conduct~ on the Property: Ind that PurCh..er _nllllndemnlfy and hold Sener harmle.. from .nd aoainst any end en cl.lm. arising from or by ,....01'1 of Purchase"t entry upon the Property. In the went such inspections disclos. conditions unsatisfactory to Purcha.er In nv6 u5 r <(,~ - '1\1/ n . N ~ Purohner'1 sol. dilcretion. and Purcha..r 10 notifl.s Seller in writing on or before -- 15 1998 oQ .", then thil Contrlct shell became nun .nd void, Ind Setler _n.1I r"urn the e.rn..t money deposit to Purchaser. In the event SeUer do.. not receive PlIrchll"'t wrltt~ notice by such d.te. It shill be conClusively presumed that Purchal.r h.. satisfied or he. waived this contingency. 5. Purcn...,. expre..ty .eknowt~.. end aor... that S..'-t has mlde no repres.ntetlonl or WIIrnnti81 whatlow.r reglrdlng the condition of the r"I-.1.t., improwments, pttton.t protenv or equipment, inclOdinO but not lImlt~ to (I) the economic viability, profitability or buainets pottntt.1 of t"'. Property; (II the condition or tuitability of any .11.1 sold to Purch..., for oper.tlng Purcl\as."1 bUlin... or for In)' ath., use; or (III) t . ~vironment.1 condition or Itaw. of the Pro~: or (Iv) .ny warrenti.. of merchantability or titn... for a plrticuflr purpos.. Purchller further expte..'y acknowledg.. and egree. (i) thlt it "'IS (or will h.....) insp.aed or e.uted .n InspectIOn to be mlde on Purch..er's beh.1f of tne real..tat., improvements, pefWonal property and equipment; (II) thlt Purch... i. retying on the rHults of hil own Inv..tlgatlon of the physical and environmental condition of 'uCh ...eta: (III) that Purd\..., ;. relying SOlely on his own judgment In completing the purch..e of tuCh .....: .nd (Iv) th.t PUrcha.er Is .cqulring .uch ...... In -a. I." condition with aU faults on the date 01 conv.yance. Purcnl'er. collectlwly. and jotntly and .....,.Uy. (orthemHlYes Ind on behalf ofth.., oMCtrI. dlrec:tor.. shareholde,., eg.,ts. employ.... heirs. personel representatlv... Otllnt.... .uccessors and l'llgnl, and all ~nt claiming by. through, or under PUtCh..." "'ereby r...... end forever dllcharge Seller, Ita pa,."t, afflllat... and lee'" of their reapective .gentl. .mploy.... I(..~SE I AI omc.r., dlrldora. Iharehotdllf't. auee...ara and lIatonl from all cl.lml, dem.nd.. 10$.... lilbllltl... Judgment., pen,lIi.., "'v~ IUit., .ctlons, cotta .nd e)(,*,'" Whetloewr, thlt may now .ld.t or he,.after .ccrue with '..pact to condition of the re.1 " eat.te, improvement., ~al property and ~ulpmtftt, Ineludlng but not IImlt~ to the environmentll condition of the [ Property, exi.ting It tne tima of traMfer of title. Pt>reIi"., ~,"k...(l..IMtg.. N1e.l>il't of Cot'iel of tt..6 6SHSltMntJ, ~"S andlof' ' lI,r..,."..".. r.l.r.Ii". Ut. PflWl't" .~. of .4t\"'" .....1..,.11..</ C^I.;t>;t ME)" II'IM)',w t\",,~6 .,od ,,,.ld... pI" t,ef*Of. \ ~ ~~ ~-- . . . r / . 'E .,eto end made e part hereof. e"ectlve "=..flo. ~v 7. The ClosIng Ou Ihall be " ys .ft., .11 condltlonl have been satisfied or waived, but not later th.n 5cpJ' ~ I S 1998 .Clotlng an.1I be effected through e.crow with the titl. InlUl1lnc8 comp.nyacting a. "crow agent for both parti... Saller 'haU dellver.o the ..crow agent it. Special W.rranty Deed. .nr. other documentl required h.r.~.lnd.r, and ,n cu.tomary documtnts reqUired by the titl. comp.n)' not inconsistent with th . Contract. Purchal.r Ihau dalivar to the ..crow agent the belance of the purcha.. price In eun or cartifiec:J funds, Iny other documents requirec:J henundar. and all customlry documents requlr~ by tn. tltl. complny not Ineonsis'ant with this Cont...cl, Th. ..crow agent sh.1I record the SpecIal Warl1lnty o..d: l.haU d.l.....r to S..~.r its S.ttlement Statemant and a c:.shief's check for the purcha.e pnc. I.ss Seller's .ltpens..; and ahall delIVer to Purchas., Its Settlement Statement, the recorded Specill W.rr.nty Deed and the own.r's titl. insurance policy. Seller Ih.n pay the fees for the title insurance premium. Purch...r shan PlY the f... for r~rdit\g the Speci.1 Warranty Deed. 9"llet 1,.a-PIUtl...... lIeR al'" ta ~'Y SM4 If tile elare/. fe.. ~. E'I . '/ Y .I 8. Rents and other eurrent eharg... If .ny, shall be Idjulttd pro ,.t. II of date of delivery of deed. Gener.1 texe, for the yeer of cloling shall be prorated from Janulry 11t to dati of delivery or deed. If the .mount of such tue. Is not th.n IIcertalnlbla. prorlting shill b. on the b..i. of the .mount of the mo.t recent ..cert.inable tax81. Psge 2 . Rell Estate Contract (~ Futur. S..) '0I~..c:-. ABC LiqUOr1lnc.. a Florida corporntion - II December 1997 @ g'. If. .fter th'e data of execution of this Contract frior to eloling, a cnualty Iou occur, that rt , In damage or destruction suet' trllt gr.ater than flV. (5) percent of the ..,IIL._ 0 Improvem.nts and equipment Ire dlmlged t." destroyed, then eith.r party sh.1I h....a t~ right to terminate this Contract by notic. to the other, in which case this Contrld .hlll be deemed null and void. the ..rn..t money Ihall be returned to ~ureh..." and neither 8eller nor Purchaser shall have any f\.Irther liability under this 10. Seller and Purcha.., each rapresent Ind WIImnt to the other thlt no broker. or find.,. nave been Involved tn thi, transaction, except Mcrin Hunter Codman ("RNttOr"), .nd that no commission. or f... ara dua to any broker or to In)' other party with regard to th'l Irannctlon, exc.pt I' 'M forth in the Commillion AgrHment Ilbellact EJchlblt HC" annexed hereto Ind mlde I Plrt hereof S.ner and Purcha.er elch Igr.. to indemnify, defend Ind hold the other hlrml.., from Iny clllm., lOll, dlmage, COltl Ind expense ari'lng from Iny breach h...eof by the Indemnifying Pltty. 11. (I) In tha "'~t of default hereunder by Purchaser prior to clo.ing, Seller's remedies Ihlll Includ., In addition to specific: performlnce and oth... remedi.. Iwillble at law or In equity, terminating thil Contrlct upon written notice to Purchaser, In which event SeUer may ret.in the .amest money It Itl option e. liquidated damages, and Seller or Pureh..., thell therelftlr h.... no further cl.lm 'O.ln.t or Ii.bility to the other and thll Contr'd sh.1I b. inoperative and void. (b)/n tM event of deflult hereund... by Sell... prior to cloling. Purch..e", remediel shall includ., In .ddltlon to .peciflc pat1orm.nce and other ramedi.. awi/lble at law or In equity, termlnlting tnit Contract upon written notice to Seller, in which .wnt &.II... expr"sly 'p.t1tM to refund to Purch..... the IImest money depOsit. and Seller or Purch..... .1'1.11 th.....ft.r he..,e no fUtther clIIM 0( 1I./)i1ity 'Olinst the other .nd th;. Contract 11'1111 be lno~r.tive Ind ..,oid. , 12. All notices required or lent hereund... .1'1111 be In Mlttno and delivered in perlon, by m...eno.r or oth.r expre.. delivery 'aMe., or by U.S. M.il Certifted. Return Receipt Requ..tect, to the .ddr... of the other p.ny IS .. forth In the "rat per.gr.ph of trll. Contr.ct. or to IUch other add,.... .1 In. p.rUM may from time to time designatl. A copy of any notice to Seller .hlll .110 ~ tent to Amoco 011 Complny, 200 EI.t Randolph ~. ChiCtlgo. Illinoil 80801. Attention: We.t lone R.al Est.te. E.ch 'uch notic. ,hen b. deemed HfVed Ind effective on the dlte of delivery or refulal. if delivered !*'SOntlly, on the dlte of the delivery receipt, if delivered by m...anger or 1Xf)m' .1IVIe., or the dete of mailing shown on the certlflld mlil receipt, If de/Nered by certified mlil. 13. Thil Contrlct Ind Exhlbltt'W ...,...... .C' annexed 1'1"0 cont.in thl entire undettt.nding and Igreement between the parties h.,.eto ,e11tJve to the IUbJect mill.,. h...eof. No repr..entationl or Itatam.ntl, oth.,. than thO'. upr...ly lat forth kerlin. were relied upon by the patti.. In entertng Into this Contrlct. No modiflC.tion. wti...r of, .ddltion to, or delation from tM term. of th'- Cont~ shill be effective unl.., reduced to writIng .nd signed by Seller and Purchaser, ..ch of WhOm ~pr...1y w.ivft. r....... Ind forever forwMIrI any right undet permb . contrllct, by its terms amendable only In writing, to be orally amanded. 1.... Atty cOYeftent or provt.lon h-.of which by Itsnatur. requlr., ob,ervlnce or performanee after the Clo'lng Date ah.1l SUMVll deWaty of the dMd .nd ''''11 continue in full force and a"ect. Florida IIW which 15. Th. prcMlion, h...eof '''llIlnur. to the benem of Ind bind the pettit. hereto, their respective heirs. ptrSOn.1 reprnentatlvel, 'UCCII'Orl Ind I'sfgn.. Putcna'''' Ihlll not ...ign his rights under thl, ContrlCt without the prior written Ipprowl of SelllI'. 115. It II 8)(pteslly und....tood and agreed tn_t tn'- Contr8ct sh." not be binding on Seller unless end until it Is executed on behalf of Sell... by an luthorlzed rapr..entatlve and. -loned copy th.reof i. delivered to Pureh...,.. In Witn.., Whereof, the plrti.. hereto h.... duly _ignH th... pre..nt. the day and year first abeve writtan. Witn..l: AMOCO OIL. COM~ANY. 8eller ~ 14.~~) ~8Y A.- ~ Tlxpayer 1.0. No. 36-2..0313 BRIAN R. DOSTER ATTORNEY -IN-Ff. rr Witn... ~c~ IJLyu'(~J /I tJ'/~JtL PURC~~ ABC Liq",:" Inc.. . ....... _""'9) c.......,;.", ~~ Tlxpty.r 1.0. No. .59.06866670 P-oe 3. R.al Estltl Contract ($urplue Futln Sll.) ~.., ........... ... ~ ABC Liquors Inc., a Florida c:orporntion . 8 December t 997 (2) .. SS, 60617 Winchester & Boynton Beach Blvd. Boynton Beach. Florida AITACHMENT 11 LEGAL DESCRIPTION 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 8732'41" WEST. ALONG THE NORTH LINE OF SECTION 30. A DISTANCE OF 60.00 FEET TO A POINT ON THE WEST RIGHT~OF.W A Y LINE OF CONGRESS AVENUE; THENCE CONTINUE ALONG THE AFOREMENTIONED COURSE EXTENDED A DISTANCE OF 133.14 FEET TO A POINT: THENCE WITH A BEARING OF SOUTH 01 18'43" EAST, ALONG ^ LINE LYING 120.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF TRACTS A &. B, BLOCK 3, OF THE ABOVE DESCRIBED PLAT OF PALM BEACH FARMS COMPANY PLAT NO.8, A DISTANCE OF 25.00 FEET TO A POINT, SAID POINT BEING THE 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 WITH 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 NORTH LINE OF SECTION 30. A DISTANCE OF 193.94 FEET MORE OR LESS TO THE POINT OF BEGINNING. H:\SMRflLES\SALES\6061'.DOC @) APPLICATION FOR VARIANCE ABC Fine Wines and Spirits Driveway distance from an intersection: Ourfile42S09228.ck3 Section, Subsection and Paragraph number of specific requirement to which variance is requested and exact language contained in the Code: Two variances are requested from City of Boynton Beach Land Development Code Article II, section B.H.3., regulation of driveways. The City's land development regulations require that parking lot driveways be constructed at least thirty (30) feet from the intersection of right-of-way lines along local streets and one-hundred and eighty feet (180) feet along streets of higher classification. Nature of Variances Requested: ABC Fine Wine and Spirits seeks to place a driveway approximately one-hundred and forty six (146) feet from the intersection of Old Boynton Rd. and Winchester Park Blvd., along Winchester Blvd., a collector. The existing driveway that provides access to the site for westbound traffic travelling along Old Boynton Rd. will also require a variance. Statement of Special Conditions, Hardships or other reasons Justifying the Requested Variance: Owing to special conditions of the characteristics of this site, a literal enforcement of the provisions of this chapter would result in an unnecessary hardship not created by the applicant or his predecessor in title. The special conditions and circumstances that exist are peculiar to the physical features of the land. It would be impossible for any user of this land to meet the driveway requirements (distance from the intersection [1801 and minimum driveway width [201) without a variance because of the configuration of the lot. The lot has only one-hundred and ninety-one (191) feet of frontage along Winchester Park Blvd. For safety of loading vehicles, the driveway is proposed to be twenty-nine (25) feet. As the existing driveway on Boynton Rd. is non-conforming, any subsequent development of the vacant property would require the owner to submit this variance application. The literal enforcement of the provisions of the chapter would deprive the applicant of rights commonly enjoyed by other properties in the vicinity, that of having access from east bound traffic on Boynton Road. The special conditions and circumstances do not result from the action of the applicant or his predecessor as the lot was reduced by an FDOT taking. The granting of these variances is the minimum that will make possible the reasonable use of the land and structure. Uses on the lot cannot be reconfigured or relocated to reduce this request without causing a request for an additional variance or creating unsafe and unreasonable site configurations. The granting of these variances 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 these variances will provide for reasonable use of the property's frontage, along Winchester Blvd in particular, as shoppers already travel along that road to satisfy their retail needs. . ADDENDUM TO CON1]lAc:t BUYER.: SBLLBR.: ABC UQUORS, INC. AMOCO OIL COMPANY ThiB ia an Addcmdum to and a part oCtheCcmtr8ct be!wlOal the Buym- and the Seller for the property loeated at Winchcater IIl1d Boynton Bach Blvd.. in ~ton Beach.. Florida. ~~ ~ ~ q,'" 1. CONTTN~JB~: It it un~ md asr-d that the Buyer intend. to construct .. ~'^'. s.. ~ e. IDJ()IJO SQ. F'T; Iild operate. packap ttorJUpcm the subject premisea. This Ccmtrad is eoqna1y oondit:ioMd u.pcm Buywr obtAi";q aU Uecelltxy licenlCS, permitt. f)Oft1ftl appn:m.lJ. arclrltectun1 rcviewapproval, and eagiI1eeriq ttudics to enable it to fillmd. compact the pond loeated. on tbe ~ and to amJIrUct and. opcnm a pac.kagc ~ from the subject premites. Such liceotcl, permit&, zoning IppJOVIls, and engineering 1tUdi_ Ihall iDelude, by way of examJ'le, but shall DOt bc1imited to: zoning, building permits, curb cu1I. availability of sewer and water to the property line: approval of the Divi.ioa. of Alcoholic, ~eraaea IDd Tobacco of the State ofP1orida to trmIfer a liquor licente .nowmg ale of liquor, beer md wine far CODIUmptioa offtha praniJes to the aubjcct 1mdI; wbject borinp and C!1Iineering studiet sbowiu& the bmd to be IUitable tbr c:onstructlon ofBuyer'I.1bIDdml building without substmtial ~ poutinl or unulUal foundaticm; an en.vironmcmtll order ahowinS that there aren't any toxic, c:x.ploliw. baDrdouI. petrOleum, contatni~ts. chemicals. petro chcmiea1l or pollutant subltmces pRlent on the subject lands; 1M approval to flll and compact the pond pn:acntly located OIl the premise.; laid 1ppf0VllJ to be obtaiBed em or befbnt 180 daya from the eft'eetive date of this Contract. In'the event any of auch 1ieeD~" permits, ZODiDa approvals and. en~ studies are not obtained. by the Buyer Yiitbitl said time, then and in that cvatt. the Buyer sba11 have the option of CIIDee!in& thil Cou~~. Seller hen:b)t authorizea Buyer to execute OIl l' @ _. "Wd8t :E0 86, 0E I-Jl::If .-.. too/zoorpj ~ tt:tt IS/ot/to . Seller', behalf all %Cuing appli~01lJ and related p.pen which may be neoaury or dem8hle for the aecomplishmant ofthc oontinpacies herein ~. Seller qreee to IiJn authori2:ation Jettera and to otherwi.ee QOopente with Boyar in applying for ~ Ucenle5 and parmits. In the event NCh aMJrovals are unavailable within said period. then. at Buyer'. option by giving J110pcr notice to Seller prior to the expiration of .aid period. this Asrccmcnt may be, (i) declared null mdYOid and the earnest money depolited will be rofim.ded to Buyer, .pr. (ill extended for two (2) additioaal periods of thirty (30) day! each by Buyer giviDg Pl'Opdr notice to Sella- prior to the expiration or each extmmOll period. Each notiee by Buyw to Seller to extend Closing Ihal1 be accompanied with. paymem o~ CICh extmlion. which will be applied to the l'urclwe price at Cloling. In the event the approval. are uaawillble duriDg the extoDIioll periodl. Buyer may waive thil COfltinpDcy and proceed immcdiatoJy to Closing or; tb.iJ Aa:Rement win be null and void and the eamest money depolited will be refunded to .Buyer. ~~~~:::::::~::::=:.JeP .113 own attorncy', fce&. 3. A.."1stCYNMBNT: Tbe Buyw shall have the right to -en tbiJl CODtnct to my related party. A "related l'~ within the mcanina of this proYiJion i. intended to include 111)' membcn oftbc f'atnilies who Ire the bc:Deficilries oCtile ttUSt wbicl:a holdl1he stoek in ABC LIQUORS, INC., any mtity e<m11'oUed by 1Uc:.b. pcnonI. and any Qualified Intem1ediat)' used to effectUate. tax he exc:h8nle on behalf of t1!y. ot tho forecoin.. . -2.. ~ - WdS't :EB 86. 0E t-I::If - - tOO/COO ~ --- A n: It U10C ItO ----_.,----~~-----~_. 4. CLOSINQ: This Contract shall be eloled by m qent of. title iDNrInce company authorized to do businen in the State o{Florida and the closing 1ha11 be held in the county in which the mbjOe;t land i. located or some: other location in Plmida ecoeptablc to both the Buyer md Seller. !. EXCEP'tION$ TO nn.S: NotWithJtmding the mattcn conWned d acceptable matterI in the Special Wtrm.rJty Deed listed OIl Page 1 oCthe ~ Contract"Buycr may object to thole m~ if they are c:onWned in the title commitment, and Paragraph No.3 on Pap 2 aha1l apply. 6. DP..POSII: The deposit called for hemJt Ihall be held by Marpm B. Bowle.. P .A.. 205 South Hoovar Blvd, Suite 402. Tampa. Florida 33609. SE1' .f .ER.: BUYEIl: ABC UQUORS, INC. ~~Z AMOCO On. COMPANY ~tBy: ~DJ.- BRIAN R. DOSTER ATTORNEY -IN-FACT U:~Vfb.\[67J)ABC~um~~wpd..llW91 -3. - --101d8t ~E0 86. 0E t-Jt1f- - . -. .- tOO/tM III 6J A n: It U/ovto . . ~~: 1- j . I, ' 1 -'-- - '.J0 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 08:38am 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 oy 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- "J--:JC,9CJ 2/ , of even date herewith. 2. r ORB 7462 pg 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. BO-3B8-CA(L) 01, Circuit Court, Palm Beach County, Florida Reserving unto said Grantor, its successors and assigns, a perpetual, exclusive utility easement, over, under, I 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,q within said easement area, provided that the surface of th~ Property shall, upon the completion of such work, be restored 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 Grant.ee, its successors and assigns from any actual loss or damage sustained as a result of the indemnifying parties negligent acts or 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. 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- -. -------~--_...__._-----.------~---_._---,-- ~;~ " --'1:'1 ft,:' ) :";O/~ ORB 7462 pg 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: ~~ '~JUDmi ~ L~ri:t:me~ -, ~i\{t, ~W&N~.EM~HE ~ J . l.-/~ /. ~i~~ y::-.:-Al/! f-t:'LA-f..D~ .~/ jl'!'!n;nP Rarbanos (Print n~-' ,..-x- JUDITH~ JffiS (Print name 0 ~. CPtlf1:2~ ~ (Print name of Witness . r.J ..L \ ~t . , WINCHESTER, WINCHESTER, ZEIHER AND SCHROEDER, a Florida g-;~'2;Z/;k .{y~ ~LL R. WINC~ESTER, Individually and as General Partner I c-~ a rtLu/daJ BY: ELSIE A. WINCHESTER, Individually and as General Partner ~~----~- ) . .......--'-- ~{ --- ....---sY: WILLI ~HER, Individual~y and as General P tner f/td;~ (]d}jl/(~(:!r;/ , BY: LESLIE C. SCHROEDER, Indivi-:lually MICHAEL A. SCHROEDER AND LE~LIE C. SCHROEDER as Tenants by the Entirety, as General Partner -3- ORB 7462 P'3 603 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 ot Notary Public - state of Florida My Commission Expires: My commission Number: My Notary Seal: .:;.:;;;:~... OfFICI,'.L SEAL l~~ \ JUDITH LYNN JOCIS l " ; Notary Pllblie s,.to Of Florldl \', .I Comm.""lotl No. CC 1250211 '..~::.~~ Elcpl,... August 21. 1995 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. ~]OCIS 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 ( , 1 Not.ry Public State 01 Florldl \.. ~/ Commlsslotl No. CC 125021 ...:~.~.~..., Elcpl"" August 21. 111115 -4- STATE OF FLORIDA COUNTY OF BROWARD ORB 7462 P9 604 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. My Commission Expires: My commission Number: My Notary Seal: STATE OF FLORIDA ) COUNTY OF PALM BEACH) .~ print, type or stamp commissioned name of Notary Public - State of Florida ....;.;;::,.... OFFICI,".I. SEAL f ~ ' JUDITH LYNN JOCIS \ " ) NOldry PlJ~lIe $I.:. 01 F10rldll \~..., 1II ...~.... Cc>mr~i~$IO" No. CC 125021 ......... Exp"", Augu~l 27. 1995 The foregoing instrument was acknowledged before me on October, .:5 '" , 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.wdl\lO/12/92) ....~:::;;;~.\ OFFICIAL SEAL i ~ ' JUDITH LYNN Joels \, "~ i Nordry f'l,Nle Sltrte 01 Florfdll ,~:. ..<"!..l Comml"'on ~Io, CC t2SQ2t ....... Expl,.", Augu,' 27. 1996 -5- , " ~' . =- "'. ORB 7462 P9 605 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 Pl~t 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 1 ine a distance of 191. 04 feet to a point on the North right-of-way line of Boynton Beach Boulevard; thence tlith 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 oALM BEACH COU~TY. FL^ CLERK CIRCUIT COURT r--~ . . .. AnDE~UM 10 CON"l'FAC'l: BUYER: ABC UQUORS, INC. SELLE~ AMOCO OIL COMP M'Y This is 2Ul Adc:kDdum to and a part oftb.c Contnct betw'Oen the Buyer and the Seller for the property looated at Winchester and Boynton Bach Blvd. in Boyn<<m Beach. Florida. S 1/11 , <V\'- ~'V 1. CONTTNOENCIE~: It is undemood and a~ that the Buyer intends to coIl!tn1Ct ~/r.,.. s;~ ~ 10)0<'0 Sa, r:7: md operate a package st:ore1Upon the wbjcct prtmi~. This Contnct ill erxpreuly eonditionod upcn Buyw obtAin;1l8 all neceawy liCelUC!, permi!S, zoning approvals, ~tectun.l review llpp!'O'VaL and engineering studies to enable it to fill3nd. compact the pond located on the ~ and to canstIua and ~ a package store from the lubject premi~, Sueb-licenJet, permits. zoning appro~ and engineering studies thall include, by way of example, but Ih~ not be limited to: nming. building permits, curb cub, avaiUbllity of ICVIer s.nd wf;ter to the property line; approval of the Division of Alcoholic. ~averages and Tobacco of the State of Florida. to tran&fcr . liquor licento allowing we o!liquor, beer and wino for eonsumption offtba prcmi~ to the subject la:ods; subject barlnis and cnxinoerlng studies showing tM land to be suitJhle fQr construction of Buyer' a stm.dmi building without mbstmtial fi~ grouting or UntllUa! foundation; an environmental order shoWing That there aren't eny toxic, cxploli~ h.az.a:rdou&, petroleum, cont3rn.inants. ehemieali. petro cbc:micals or pollutant Slibsta:nces pre!ODt on the subject llmd!; 8n epproval to fill and compact the pond ~c:nt1y loca~ on the pn:mise5~ said ~ to be obtained on Ot" befon, 180 dAyG from the effective date of this Contract. In 'the event any of such licenses, permin, zoniIlg approvals and engineering studies are not obtained. by the Buyer within said time, then and in that event. the Boyer sh.a.11 have the option of CBncel~ this Contract. Seller ~ authorizes Buy<< to executo on 1" _-weal :E~ as, ec )o.!df_ too/zOOlll____~____ _ __.~ ~ u:Qt ",otI' 0 --_.._~--~-...._-------_..- ,.." (0 4' ~ . 4 Seller's behalf all zoning applications and related PRp<<J which may be n~ or detirable for the accomplisbmc:nt of the ootIti.ngeocies herein oontained. Selltt qreee to tign autbori.2::ation 1ettera and to othorwiec DOopente with Buyer in spplying for ~ licen.!cs and permits. In the event cuch a}>plvva..l!l are unavailable within said period. then. at Buyer's option by giving prope.t notice to Seller prior to the expiration of said period, this Agreement may be, (i) declartrl null md V'Oid and the earnest money depoaited will be rofundad to Buyer,.pr. (it) extended for two (2) additional pmod! of thirty (30) d.aya each by Buyer giving proper notiee to Seller prior to the expiration of eu:h extension paiod. E.aeh notice by Buym' to Seller to extc:nd Cl06ing !h.al1 be a.ccompanied with payment 0 or ca.ch mension. wbicl:1 will be applied to the purclwe price &t Closing. In the event tho approvals are unavailt.ble during the exteMion periods. Buyer may waive thi. contingency and proceed immediately to Closing or; this ~ent 'OItill be null and void and. the earnest money deposited will be refunded to "Buyer. ~::?~r~. d ,...~"I ")' ~. e!> lfto uoCa the nil. J eP .' · Buyer shall pay the cost of recording the Deed and its own attorney's fees. 3. A..~stGNMENT: 1beBuyershall have thc right to ASSign this Contract to any related party. A "related PartY' within the: meanins of this provision is intended to includ:: any members of the familie5 who are the bc:ntrliciaries of'the trust which bolds ~ 5toclc in ABC LIQUORS, INC., any c:ntity CO%1trollod by such penom, and any QuAlified Intt:nnediary wed to effectUate a tax free ~C.hBnie on behalf of t11y of'the foreJOing. -2. - Wd8t :&;0 86, eE >>:;r tOO/COO rl! .c. )1 : ~t te/ot nO -----~--- (0 e e 4. P-nSINCi: This Contract Ihall be clotcd by m qent of.. title insurance eompany authori%ed to do businen in the State of Florida and tM closing ahall be hold in the county in which the sub;ect IBDd is locsted or some other location in Florida ~le to both the Buyer md SoUtt. S. EXCEPTIONS TO TITLE: Notwithst!nding the mlltters contained as acceptable m.etttn in the Special Wmmty Deed listod on:Page 1 of the printod ContrACt.,'Buycr may object to those matters if they ~ eonWned in the title commitment, and Paragr.sph No.3 an P~:2 ahal1 apply. 6. DEPOSIT: nw deposit called for ~ shall be held by Marguct B. Bowles. P .A.. 205 South HooV'Cr Blvd.. Suite 402. Tamp... Florida 33609. SEI.T .ER: BUYER: AMOCO oa CO:MPANY ABC LIQUORS, INC. ~~2 ~tBY: 2..;.J2Dd.- BRlAN R. DOSTER ATTORNEY -IN-FACT U:\1...:nbVft>-\r673)ABC~dctrdum ~ eom.ot....,IJ019& -3. G) - - 'WcI81 :E0 86, 0€ ~r- - -"- HI 0 / t OO~ _ .----.---- -- - -- -- .--- ~-- _____---- ____.I"l tlT'tlT tli\J^f'11n