APPLICATION
CITY OF BOYNTON BEACH
Please print (in ink) or tyPe
Submittal date
BOARD OF ZONING APPEALS VARIANCE APPLICA
Submittal Deadline: See schedule of dates for Board mee
dates
The undersigned owner(s) hereby respectfully petition(s) the Board of
Adjustment 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 is described as follows: Lot(s) 1
Block
, Subdivision
Plat Book
57
, Page
182
or otherwise described as follows:
Property Address Lot 1, Quantum Park, N.W. 22nd Avenue
The following documents are required to be submitted with this application to
form a single package. Incomplete package will not be accepted:
1. Two sealed surveys 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
D. 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 site plans properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the
properly 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. 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.
4. Proof of ownership of property by petitioner (s), such as deed or
purchase contract agreement. If an agent is submittinq the petition, a
notarized COpy of a letter desiqnatinq him as such must accompany the
petition.
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 type) :
A.
That special conditions and
to the land, structure or
applicable to othe:.': lands,
zoning district;
circumstances exist which are peculiar
building involved and which are not
structures or buildings in the same
Page 2 of 3
B. That the special conditions and circumstances do not result from
the actions of the applicant;
C. That granting the variance requested will 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 literal 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, 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.
7. Name and address of owner: Bovnton Beach Hospitality, Inc.,
1515 North Federal Hwy., Suite 300, Boca Raton, Florida 33487
8. Name of applicant: George F. White, A.I.A. & Associates. Inc.
Applicant's address: 5455 North Federal Hi
Applicant's phone #: 561-997-6698
Date: ~~ Signature of Applicant:
Raton, FL
33487
-----------------------------------------------------------------------
To be completed by the Building Official or Representative
1.
Property is presently zoned:
p 1.0
Formerly zoned:
2. Property Control Number:
3. Denial was made upon existing zoning or sign requirements ( list
sections[s] of Code from which relief is required):
d + 9- I ~~lvloVJ --;; I::1..d
4.
Nature of exception or variance required:
I V1,G~~
lV\
J PA/1?' -\ t~ ~
~ ~(
Date: ftk q 4 ~f
tJw~ 1)1) LJ~~
~
J-o ~O~{?
Permit denied: ~
Building Department
5.
Case Number:
,a, 3 I
Meeting Date:
M~ /1
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To be filled out by Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
..
C E R T I F I CAT ION
Page 3 of 3
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 PROPERTY. ~
APPLI~ENT
APPLICAT.WPS
1/24n7
I I
Page 3 of 3
~=~
Kimley-Horn
and Associates, Inc.
Engineering
Planning
and
Environmental
Consultants
February 3, 1997
Mr. Mike Haag
Planning and Zoning Director
City of Boynton Beach
100 East Boynton Beach Bou levard
Boynton Beach, Florida 33425-0310
Re: Development of Parcell in Quantum Park
Dear Mr. Haag:
Kimley-Horn and Associates, Inc. was retained by George White & Associates to
evaluate traffic impacts associated with proposed development of Parcell in the
Quantum Park DR!.
Based upon Master Plan Amendment Number 7, Parcell is approved for
office/hotel use.
The proposed development will be a 107 room hotel. Based upon approved trip
generation rates for the Quantum Park Development, the proposed 107 room hotel
will generate 82 PM peak hour trips.
If you have any questions relative to the foregoing, or require further information,
please feel free to contact me.
Sincerely,
KIM;>Y-HORN ~ES, INC.
~~~
'tf~: ~~ G. Godfrey, P.E.
Principal
KLF:JMA:mec
h ;\04904000\wp\Haag. f03
.
TEL 407 898 1511
FAX 407 894 4791
.
Suite 200
The Carr Building
3113 Lawton Road
Orlando, Florida
32803
George F. White
A.I.A., and Associates Inc.
SHOPPING CENTER LEGAL DESCRIPTION
A parcel of land lying in Section 17, Township 45 South, Range 43
East, Palm Beach County, Florida, said land being more
particularly described as follows:
Commencing at the West Quarter corner of section 17, Township 45
South, Range 43 East; thence with a bearing of North 09 degrees
09 minutes 49 seconds East, along the East-West Quarter line of
section 17, a distance of 50.05 feet to a point on the East right
of way line of Congress Ave.; thence with a bearing of South 1
degree 44 minutes 39 seconds West, along the East right of way
line of Congress Ave.; a distance of 70.07 feet to a point;
thence with a bearing of North 89 degrees 08 minutes 49 seconds
East, along a line lying 70.00 feet South of and parallel to the
East-West Quarter line of Section 17, a distance of 10.01 feet to
the Point of Beginning; thence continue with a bearing of North
89 degrees 08 minutes 49 seconds East, along a line Iring 70.00
feet South of and parallel to the East-West Quarter 11ne of
section 17, said line also eing the South line of Lake Worth
Drainage District Lateral Canal No. 21, as recorded in Official
Record Book 1732,Page 612 of the Public Records of Palm Beach
County, Florida a dlstance of 718.22 feet to a point; thence with
a bearing of South 1 degree 44 minutes 39 seconds West, a
distance of 311.38 feet to a point; thence with a bearing of
South 89 degrees 08 minutes 49 seconds West, a distance of 692.06
feet; thence with a bearing of North 44 fegrees 33 minutes 16
seconds West, a distance of 36.15 feet to a point on the East
right of way line of Congress Ave.; thence with a bearing of
North 1 degree 44 minutes 39 seconds East, a distance of 285.22
feet more or less to the Point of Beginning,
TOGETHER WITH:
A parce of land lying in Section 17, Township 45 South, Range 43
East, Palm Beach County, Florida, said land being more
particularly described as follows:
Commencing at the West Quarter corner of section 17, Township 45
South, Range 43 East; tjence with a bearing of North 89 degrees
08 minutes 49 seconds East, along the East-West Wuarter line of
Section 17, a distance of 50.05 feet to a point on the East right
of way ine of Congress Avenue; thence with a bearing of South 1
degree 44 minutes 39 seconds West, along the East right of way
line of Congress Ave., a distance of 70,07 feet; thence with a
earing of North 89 degrees 08 minutes 49 seconds East, along a
line lying 70.00 feet South of and parallel to the East-West
5455 North Federal Highway Boca Raton, Florida 33487 (561) 997 6698
George F. White
A.LA., and Associates Inc.
Quarater line of section 17, said line also being the South line
of Lake Worth Drainage district Lateral Canal No. 21, as recorded
in Official Record Book 1732, Page 612, of the Public Records of
Pal Beach County, Florida, a distance of 10.01 feet to a point;
thence with a bearing of South 1 degree 44 minutes 39 seconds
West, a distance of 415.35 feet to the Point of Beginning;
thence, with a bearing of North 45 degrees 26 minutes 44 seconds
East, a distance of 34.55 feet; thence with a bearing of North 89
degrees 08 minutes 49 seconds East, a distance of 694.33 feet;
thence with a bearing of South 1 degree 44 minutes 39 seconds
West, a distance of 796.54 feet; thence with a bearing of South
69 degrees 04 minutes 32 seconds West, a distance of 692.07 feet;
thence with a bearing of North 44 degrees 35 minutes 24 seconds
West, a distance of 36.17 feet; thence with a bearing of North 1
degree 44 minutes 39 seconds East, a distance of 746.36 feet more
or less to the Point of Beginning.
Exhibit "A-1"
File:BBHamp.124
5455 North Federal Highway Boca Raton, Florida 33487 (561) 997 6698
CONTRACT OF PURCHASE AND SALE
THIS CONTRACT, dated as of the date last executed by the
Parties herein, by and between QUANTUM ASSOCIATES, a Florida
general partnership with an address at c/o Tambone Real Estate
Development Corporation, 4200 Wackenhut corporation, suite 110,
Palm Beach Gardens, FL 33410 ("Seller") and BOCA HOSPITALITY,
INC., with an address at 1455 Yamato Road, Boca Raton, Florida
33431 ("Buyer"). Seller and Buyer are collectively referred to as
"Parties" and individually as a "Party".
Seller owns the land described in Exhibit "A" consisting of
approximately 4.37 acres, located in the County of Palm Beach,
State of Florida (the "Property"), which is part of a larger parcel
known as Quantum Corporate Park.
Seller and Buyer have agreed to sell and purchase,
respectively, the Property upon the terms set forth below.
1. Sale and Purchase of Prooertv. Seller agrees to sell and
convey and Buyer agrees to purchase the Property. The purchase and
sale shall include all of all right, title and interest of Seller
in and to the matters described in Paragraph 1 of Exhibit "B",
which shall be included in the term "Property" as used in this
Contract.
2. Purchase Price and Deposit.
(a) The purchase price for the Property is Seven Hundred
Thousand Dollars ($700,000.00). The purchase price will b~ paid to
Seller at closing by cashier's check, or wire transfer, subject to
adjustments, credits and prorations as provided in this Contract.
(b) Within five business days after the date ("Contract
Date") on which both Seller and Buyer have executed and delivered
this Contract, Buyer will deposit with Broad and Cassel, 7777
Glades Road, suite 300, Boca Raton, Florida 33434, as escrow agent
("Escrow Agent"), the sum of Twenty Five Thousand Dollars
($25,000.00) ("Deposit"). The Deposit will be paid to Seller at
closing to be credited against payment of the purchase price.
(c) Escrow Agent shall invest the Deposit in a
certificate of deposit or other interest bearing account. Escrow
Agent shall deliver the interest on the Deposit to Buyer upon
closing of title or, if the transaction fails to close, to the
Party entitled to the Deposit. The provisions of Paragraph 2 of
Exhibit "B" shall govern Escrow Agent's obligations under this
Contract.
Il:IBIBOCAHOSP'IOO2\PUR&SALE.l
3. Closinq. The closing ("Closing") for payment of the
purchase price and delivery of the closing documents shall take
place within 5 days following Buyer's Notice to Seller of
satisfaction of the Conditions to Closing described in Section 7.
closing shall occur on the date designated in Buyer's Notice
commencing at 10:00 a.m. at the offices of Broad and Cassel, or any
lender in Palm Beach County providing financing for Buyer's
acquisition of the Property. At closing, Seller shall deliver to
Buyer (i) the documents prepared by Buyer's counsel described in
Paragraph 3 of Exhibit "B" and (ii) possession of the Property.
4. Title to the Property. At Closing, Seller shall convey
and Buyer shall accept good, marketable and insurable fee simple
title to the Property. Within 30 days from the Contract Date,
Seller shall deliver to Buyer, at Sellers expense, (i) a commitment
issued by First American Title Insurance Company for an owner's
title insurance policy in the amount of the purchase price insuring
Buyer's title to the property, and (ii) a current survey of the
Property certified to those parties designated by Buyer indicating
all matters affecting title to the Property which are locatable.
Buyer, within 30 days following receipt of both the title
commitment and the survey, shall notify Seller of any objections to
title. Seller shall use its best efforts to cure any objections to
title, including the institution of any necessary lawsuits and the
payment of any amounts, and may adjourn Closing from time to time
(but not to exceed 45 days in the aggregate, without Buyer'S prior
consent) for the purpose of curing same. If Seller is unable to
cure such defects within 45 days (or such longer period of time as
Buyer has consented to), Buyer may, at its option, either terminate
this Contract and receive a return of the Deposit, or accept title
subject to such uncured defects.
5. Closinq Expenses and Apportionments:
(a) Seller shall pay (i) all documentary stamps, surtax
and other tax on the Deed, (ii) the costs of curing title defects,
including recording costs (iii) the cost of the Owner's title
policy and (iv) survey costs. Buyer will pay (i) the cost of all
inspections ordered by Buyer and (ii) the recording cost for the
Deed.
(b) Real estate taxes shall be apportioned between
Seller and Buyer as of the end of the day preceding Closing. If
the amount of taxes for the year in which Closing occurs is unknown
at closing, taxes shall be prorated based on the amount of the
prior year's taxes and the Parties shall, promptly upon request of
either Party, reprorate taxes when the amount for the current year
is known. Confirmed, ratified and pending liens as of the date of
closing shall be paid by Seller. Any utility charges pertaining to
the Property shall be prorated as of the end of the day preceding
closing.
Il:IBIBOCAHOSP\002\PUJl.lSALE.l
2
6. Seller's Representations. Warranties and Covenants.
Seller represents, warrants and covenants that:
(a) This Contract and the contemplated transfer do not
and will not contravene any provision of any existing law, rule,
regulation, code, ordinance, order, decree, writ or injunction of
any governmental authority (collectively "Laws") or recorded
restriction; Seller has full power and authority to enter into and
perform this Contract and all related instruments contemplated
under this Contract in accordance with their respective terms; and
the delivery and performance of this Contract and such instruments
have been duly authorized by all necessary action;
(b) There is no existing violation of any Laws; and
Buyer's contemplated development, use and operation of the Property
as a hotel (i) is not prohibited or restricted by any Laws
(including, without limitation, "environmental" or "wetlands" Laws,
any applicable comprehensive development plan, density
restrictions, conservation requirements, moratorium, tree removal
ordinance and coastal preservation o:t;"dinance) or by the
requirements of any restrictive covenants or regulations affecting
the Property, (ii) does not constitute all or a portion of a
"development of regional impact" pursuant to Chapter 380, Florida
Statutes, and (iii) will not require compliance with the
requirements imposed on "developments of regional impact";
(c) There are no actual or, to the best of Seller's
knowledge, threatened suits, actions (including, without
limitation, regulatory or governmental enforcement actions),
proceedings or violations with respect to Seller or the Property,
for condemnation or otherwise and neither the Property, no~ any on-
site activities, have been subject to any governmental enforcement
actions;
(d) Seller (i) is, and at Closing shall be, the sole
owner in fee simple of the Property and shall not have assigned,
pledged, leased, transferred or otherwise encumbered its interest;
and (ii) has, and at closing shall have, the right to transfer to
Buyer good, marketable and insurable title to the Property;
(e) Seller will not remove or permit the removal of any
portion of the Property including, without limitation, any timber
or fill;
(f) The Property has adequate direct access to and over
abutting publicly dedicated streets for Buyer's contemplated
development, use and operation;
(g) All utilities required in connection with the
proposed improvement and operation of the Property by Buyer
including, without limitation, electricity, sanitary sewers, storm
R:\B\BOCAHOSP\002\PURASALE.1
3
sewers, drainage, water, telephone and similar systems, are
available to be furnished to the Property in adequate quantity and
quality by governmental agencies or public utility companies, from
existing facilities located on or contiguous to the Property and
there is no moratorium in effect with respect to any of the same;
(h) Seller has not entered into and, without first
obtaining consent of Buyer, Seller shall not between the Contract
Date and Closing enter into, any contracts or other agreements
which could bind Buyer or the Property after Closing;
(i) There are no pending assessments or liens for public
improvements with respect to the Property, and all taxes currently
due and payable have been paid;
(j) Buyer may install signs on the Property prior to
closing;
(k) To the best of Seller's knowledge, no portion of the
Property has previously been used for or in connection with the
disposal of hazardous or toxic waste or as a cemetery; no hazardous
or toxic wastes are located on or under or generated from any
portion of the Property; no underground storage tanks are, or have
been, located below the surface of the Property; no portion of the
Property is included on any governmental agency's list of sites on
or under which hazardous or toxic waste materials may be located
wi th respect to which remedial action may be necessary and no
portion of the Property is located seaward of any coastal
construction control line (as defined in Section 161.051, Florida
Statutes); Seller shall promptly deliver to Buyer any such notices
related to any of the foregoing matters received prior to,or after
closing; and
(1) Seller's representations, warranties and covenants:
(i) are true and complete as of the Contract Date; (ii) shall be
true and complete as of the date of the closing with the same
effect as though made on such date; (iii) shall survive Closing;
and (iv) shall not be abrogated, diminished or otherwise affected
by any inspections or investigations made by Buyer or by any
knowledge Buyer may obtain prior to Closing; any breach or
nonperformance of Seller's representations, warranties and
covenants shall be actionable . after Closing unless waived in
writing by Buyer at or prior to closing.
7. Conditions to Closinq.
(a) Buyer's obligation to consummate this transaction is
conditioned upon the occurrence of each of the following matters,
unless waived in writing by Buyer prior to Closing:
R:IBIBOCAHOSP\002\PURASALE,1
4
n 40 days from the
shall have obtained a building permit for a
service hotel located on 2 acres of the propert Bu may extend
the 240 day period for two (2) additional perio s of sixty (60)
days each but Buyer shall deposit with Escrow Agent an additional
Twenty Five Thousand Dollars ($25,000.00) to exercise each
extension. Each such additional deposit shall be deemed to be
included within the term "Deposit". Seller shall join in and fully
cooperate with Buyer on all applications regarding the Property.
If any application must, for any reason, be applied for or taken
out in name of Seller, Seller agrees to take any and all steps
reasonably required in order for same to b~ accomplished.
~~/
~
(ii) Any plat or waiver of plat of the Property,
prepared at Seller's cost and submitted for approval, shall have
been approved and Seller's proposed bond for all subdivision
improvements shall have been approved.
been issued.
(iii) All approvals required by any Laws shall have
(iv) No construction moratorium nor moratorium on
water of sewer connections shall be in effect which would apply to
any portion of the Property and Buyer shall have obtained contracts
for water and sewer service to the Property.
(v) There are no contemplated condemnation actions
under consideration or pending by applicable governmental or quasi-
governmental authorities which would affect all, or a portion of,
the Property.
(b) If any of the conditions described in this Section
has not been fulfilled and Buyer has not waived same, then Buyer
may cancel this Contract. Upon such cancellation, Escrow Agent
shall return the Deposit to Buyer.
8. Buver's Insoection Period. For 90 days after the
Contract Date, Buyer may have the Property inspected by its
engineers, appraisers and other investigators for the purpose of
oonducting such feasibility studies, tests, borings and such other
investigations as Buyer may elect. If Buyer determines, in Buyer's
sole discretion, that the results of any inspections are
unsatisfactory, Buyer may cancel this contract, by notice to Seller
given within 5 days following the expiration of the 90-day period.
In such event, Buyer shall receive the Deposit and shall pay Seller
$100 in full consideration of the rights granted to Buyer under
this Contract, whereupon each Party shall be relieved of all
further obligations. Following expiration of the 90-day period and
Buyer's failure to cancel, Buyer and its authorized representatives
shall continue to have access to the Property for inspections.
1l:\B\BOCAHOSNlO2\PUIl.tSALE.l
5
--'--'--~~~,_.__._-,.._-~-----.~-_..__._"_._--,---~ ----~_._-----
9. Risk of Loss. If, prior to Closing, condemnation
proceedings are contemplated or commenced by any governmental or
quasi-governmental agency in connection with all or any portion of
the Property, Buyer shall have the option of (i) closing under this
Contract and receiving all of Seller's right to obtain any
compensation or damage awarded or (ii) terminating this Contract.
If this Contract is terminated, the Parties shall be released of
all obligations and the Deposit and all accrued interest thereon
shall be delivered to Buyer.
10. Brokers' commissions. Buyer and Seller represent and
warrant to each other that they have not dealt with any broker or
finder in connection with the transaction contemplated by this
Contract other than Ted D. Laing and Tambone Real Estate
Development Corporation. Seller agrees to pay to each Broker a
five percent (5%) commission earned by reason of this transaction.
Each Party agrees to defend, indemnify and hold harmless the other
from and against any and all expense, cost, damage or liability
(including, without limitation, court costs and reasonable
attorneys' fees, at trial and appeal) resulting from the claims of
any brokers, or those claiming to have performed services in the
nature of brokerage or finding services by reason of the
indemnifying Party's acts, except that Buyer shall not indemnify
Seller for the commission earned by the named brokers.
11. Default. Seller's sole remedy for Buyer's breach or
default under this Contract shall be liquidated at and limited to
the funds represented by the Deposit, the Parties agreeing that any
damages to Seller would be speculative and indeterminable at this
time. No other property or assets of Buyer or of any disclosed or
undisclosed principal of Buyer shall be subject to levy, execution
or other enforcement procedures for the satisfaction of any such
judgment or other judicial process against Buyer. In the event of
Seller's default (which shall include breach of any representation
or warranty), Buyer shall have the option either to (i) cancel the
Contract and obtain return of the Deposit and all accrued Interest
thereon, or (ii) obtain return of the Deposit and interest and
pursue any remedies against Seller available under the Contract or
at law, inclUding, without limitation, specific performance of the
conveyance of the Property.
12. Assiqnment: Persons Bound. Buyer may assign this
Contract and Buyer'S rights. The provisions of this Contract shall
bind and inure to the benefit of the Parties and their respective
heirs, personal representatives, successors and assigns, but shall
not create any rights in third parties.
13. Notices. Any notice, approval, consent or other
communications ("Notices") permitted or required under this
Contract shall be effective only if in writing and given by hand
delivery or by mailing by certified or by registered mail, postage
R:\B\BOCAHOSP\002\PURIlSALE,l
6
prepaid, return receipt requested, or by Federal Express, other
comparable expedited mail service, Mailgram, or Western Union
telegram to the address of the Party set forth below and to such
other addresses as the Party to be notifie~ may from time to time
designate by notice given in the manner provided in this Section.
Notices shall be effective upon receipt, if hand delivered, or upon
deposit with Federal Express, other comparable expedited mail
service, Western Union or in the united States mail.
If to Seller: Quantum Associates
If to Buyer: Boca Hospitality, Inc.
1455 Yamato Road
Boca Raton, FL 33431
with copy to: Jeffrey A. Deutch, P.A.
Broad and Cassel
7777 Glades Road, Suite 300
Boca Raton, Florida 33434
14. captions: Construction: Plurals. The captions of this
Contract are for convenience and reference only and in no way
define, describe, extend or limit the scope, meaning or intent of
this Contract. This Contract and any related instruments shall not
be construed more strictly against one Party than against the other
by virtue of the fact that drafts may have been prepared by counsel
for one of the Parties; the Parties recognize that this Contract
and any related instruments are the product of negotiation, in which
both Parties have contributed to the final preparation.
15. Indemnitv. Buyer agrees to defend, indemnify and hold
Seller harmless from and against any and all causes, claims,
demands, losses, liabilities, costs, damages, expenses and fees
(including but not limited to court costs and attorneys' fees at
trial and appeal) incurred directly or indirectly as a result of
any damage to persons or property occasioned by Buyers entry onto
the Property pursuant to section 8 or the execution of any
documents containing Sellers name pursuant to section 7 (a). Seller
agrees to defend, indemnify and hold Buyer harmless from an against
any and all causes, claims, demands, losses, liabilities, costs,
damages, expenses and fees (including, but not limited to, court
costs and attorneys' fees at trial and appeal) incurred, directly
or indirectly, as a result of or in connection with the breach,
inaccuracy or incompleteness of any warranty, representation or
covenant of Seller and any claim made by a third person for an
obligation incurred prior to closing or by. Seller.
Jl:\B\BOCAHOSP'al2\PUJl&SALE.l
7
16. Severability. Entire Aqreement. Counterparts:
Modification. Invalidation of one or more of the provisions of
this Contract shall in no way affect any other provision. This
Contract contains the entire agreement between the Parties with
respect to the Property and supersedes all prior agreements between
the Parties respecting such matters. This contract may be executed
in any number of counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same
instrument. This Contract may not be modified, discharged or
changed in any respect whatsoever, except by a further agreement in
writing duly executed by the Parties.
17. Relationship of Parties: Further Instruments: Time of
Essence. Nothing in this transaction shall be construed to create
the relationship of principal and agent, partnership, tenants in
common or any other relationship between the Parties other than
Seller and Buyer. At Buyer's request, at any time and from time to
time before and after Closing, Seller will execute, acknowledge and
deliver all instruments requested by Buyer in order to carry out
the purposes of this Contract. Seller agrees to cooperate with all
reasonable requests from Buyer's lender for additional
documentation or performance by Seller in obtaining the new
financing contemplated by Buyer, including, without limitation, any
Sellers covenants or representation relating to the Property. Time
is of the essence with respect to all matters in this Contract.
IN WITNESS WHEREOF, the Parties have caused this instrument to
be executed the days and year written below.
Signed, sealed and delivered
in the presence of
SELLER:
QUANTUM ASSOCIATES, a Florida
general partnership
Name:
By:
Name:
Title: General Partner
Name:
(as to Seller)
Dated:
, 1996
BUYER:
BOCA HOSPITALITY, INC.
Name:
Name:
(as to Buyer)
By:
Name:
Title:
R:\B\BOCAHOSP'\002\PURolSALE.1
8
1l:\B\BOCAHOSP'4lO2\PURIiSALE.\
-------,_.._"'---,~-,_.,----"--_.._--~-_._--_._-------~._---~--~-----
Dated:
9
1996
, .
EXHIBIT "A"
THE PROPERTY
R:IBIBOCAHOSP'Dll2\PURI<SALE.l
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_ George F. White
_ A.I.A., and Associates Inc.
STATEMENT OF REASONS JUSTIFYING REQUESTED VARIANCE:
A. Lot is zoned for a density of 20 rooms per acre. Hotel
requires density to be revised to thirty (30) per acre for
a total of 107 guest rooms.
B. Special conditions and circumstances are not a result of
actions of the applicant.
c. Granting this variance will not confer any special privilege
on the applicant that is denied to other lands, buildings,
or structures in the same zoned district.
D. Literal interpretation of this zoned district would prohibit
a reasonable density for a hotel and would work unnecessary
and undue hardship on the applicant.
E. The variance requested is the minimum variance that will make
the use of the land reasonable for the hotel.
F. The variance is in harmony with the intent and purpose and
will not be injurious or detrimental to the pUblic.
File:96271.124
5455 North Federal Highway Boca Raton, Florida 33487 (561) 997 6698
SUPPLEMENT TO JUSTIFICATION FOR
HAMPTON INN DENSITY VARIANCE
Explanatory Note. The following additional information is provided in support of the
request for a density variance on the Hampton Inn, Lot 1, Quantum Park. The application was
filed January 29, 1997, by George F. White, A.I.A & Associates.
A general description of the proposed development is set forth. Following that general
description, the six factors for consideration are set forth in italic type, with the analysis of each
factor following it.
General Description. Proposed is a 107 unit Hampton Inn hotel on Lot 1 at the western
end of Quantum Park, PID, along Gateway Boulevard. Lot 1 is 3.58 acres. The hotel will
consist of a four story, forty-five foot tall hotel building. Access is from Gateway Boulevard.
The property is bordered on the south by Gateway Boulevard, on the east by the Lake Worth
Drainage District ("LWDDII) E-4 Canal, on the north by Lot 2 of Quantum Park, and on the west
by a water management tract platted as Lot 1 A of Quantum Park. A copy of the subject
portion of the Quantum Park Master Site Development Plan (IIMaster Plan II) is found as
Attachment A.
All the property development regulations are met on Lot 1. Parking, landscaping,
setbacks, and other property development regulations are met on Lot 1. Only water management
is provided separate from the Lot, and that is adjacent to the Lot.
The hotel is not a full-service hotel; it is a limited-service hotel. It does not include an
attached restaurant, only Continental breakfast will be served. It does not include a lounge or
any entertainment facilities. Finally, it does not include large meeting rooms to accommodate
seminars, meetings, and the like.
It is designed to cater to the business functions of Quantum Park and Motorola. It will
accommodate the business traveler working with the businesses in and around Quantum Park.
As such, it provides a necessary service to the industrial park users.
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Factors to be Considered.
Generally.
There are two important facts which should be considered. These two facts relate to
most of the six criteria. First, the layout of Quantum Park on the western end along Gateway
provides a sense of openness. To the east is the 150-plus foot wide LWOO E-3 Canal. To the
west is a 4.43 acre lake/water management area. The canal has more than 180 feet of
frontage along Gateway, and the water management tract to the west has 273 feet of frontage.
These will remain as open space in perpetuity. The Hampton Inn property itself has 450 feet
of frontage. Thus, the with the canal and water management tract constituting approximately
450 feet of frontage in open space, and the Hampton in with approximately 450 feet of
frontage, the sense of openness exists. Of the 900 feet of frontage from the E-3 canal west,
one-half of it will be open space.
The second important fact is the nature of the Hampton Inn hotel. A typical hotel
includes large meeting rooms and often has facilities to accommodate seminars and large groups
for meetings. They include lounges and often entertainment. They sometimes include
accommodations that border on convention facilities. These more intensive facilities require more
land than what is proposed for the Hampton Inn. The LOR's are written taking into account the
typical hotel, not the smaller-scale operation of the Hampton Inn.
The Hampton Inn proposed for Lot 1 is a limited-service hotel. It does not have large
meeting rooms. It does not have a lounge. As such, it does not require as much land as a full-
service hotel. Thus, the density calculations of the LOR's don't quite fit the Hampton Inn
situation - they are unduly restrictive.
The Six Criteria.
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.
The calculation of density is done on a net basis. The water management tract to the
west and E-3 Canal to the east have not been included in the City's calculation. If the water
management tract alone were included, the density could be much higher than what is proposed.
This layout of the western end of Quantum Park is a special circumstance because one doesn't
typically find a site between an extremely wide canal and a water management tract.
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In addition to the layout, the drainage for the Hampton Inn lot will be provided by the
water management tract to the west. Off-site drainage is another special circumstance that is
not typical. Usually drainage would be provided on site, and hence the land area necessary for
water quality and storage would be included in the calculation of density.
The third special circumstance involves the nature of the Hampton Inn. Being a limited-
service hotel, it does not fit within the typical category addressed in the density provision of the
LOR's.
b. That the special conditions and circumstances do not result from the actions of the
applicant.
The LOR's necessarily deal in broad categories and cannot take into account the details
of particular uses. The layout of the area and the application of the LOR's to these special
conditions and circumstances do not result from the actions of the applicant.
c. That granting the variance requested will 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.
Typically water management is provided on the same parcel as the principal use. In the
Quantum Park PIO, Lot 1 is separated in ownership from the area providing water management.
No special privilege will result from the variance because sense of openness is ensured by the
water management tract and canal. The feel of the property will not be any more intense or
dense than that of other properties in the zoning district.
d. That literal interpretation of the provisions of this ordinance 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.
A literal interpretation of the LOR's will result in a substantial diminution in the use of
the western end of Quantum Park. With the nature of the Hampton Inn being a limited service
hotel and the openness of the area including and west of the E-3 Canal, not granting the
variance will result in the site being under-utilized. Not only would this be a hardship on the
applicant, but it would be a hardship on the business-users of Quantum Park. The business
tenants of Quantum Park are going need sufficient units to meet the long-term needs of their
business travelers.
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e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure.
The proposed Hampton Inn has 107 units. Lot 1 is 3.58 acres. Lot 1 A lying south of
the western prolongation of the north boundary of Lot 1 is 2.1 acres. Together, these amount
to 5.68 acres. At 20 units per acre the allowable number of units considering only this portion
of Lot lA together with Lot 1 is 113. Thus, the sense of openness protected by density
limitations is protected because only a portion of the area that provides that sense of openness
needs to be considered in a mathematic approach to the variance.
Also, the nature of the hotel requires at least 107 units. Because Hampton Inn is a
limited-service hotel, it must be of sufficient size to take advantage of economies of scale. An
hotel with fewer rooms will not result in a cost effective operation. Simply put, a smaller hotel
in this setting is not cost effective.
f. That the grant 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.
There is no impact to the area as a result of the increase in the number of units. The
property development regulations are met on site, with the exception of water management. The
facility is not "too big" for the property. The hotel sits on a water management tract to the
west that provides a sense of openness. To the east the E-3 Canal also provides a sense of
openness. The building does not exceed the height limitation of forty-five feet or the limitation
on the number of stories - four.
The size and use of the facility are in harmony with the area, and will provide a needed
service to the industrial park users. The need for the variance is simply a result of the layout
of Quantum Park west of the E-3 Canal and the nature of the hotel being limited-service.
~ect~ully s~mitted,/ j ~
\~ /JJ(t;J~,-
Richard W. Carlson, Jr., Esq.
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