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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 ----------------------------------------------------------------------- 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 10 _ 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. 1 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. 2 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. 3 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. 4