REVIEW COMMENTS
STAFF COMMENTS
MCDONALD'S RESTAURANT AT
CATALINA CENTRE PLAT NO. 2
DRIVE-THROUGH
CONDITIONAL USE
Building Department
See attached memo
I
I
Fire Department
See attached memo
Police Department
See attached memo
',See attached memo
Utilities Department
Public Works Department
See attached memo
Planning Department
See attached memo
Forester/Horticulturist
See attached memo
. i
MEMORANDUM
/ /;/.9
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~
TO
Carmen Annunziato
Planning Department
DATE
~14, 1988
FILE
FROM
Don Jaeger
Building Department
!3UBJIECT
CONDITIONAL USE APPROVAL:
McDONALD'S AT CATALINA CENTRE
As a requirement of conditional use approval, the following comments
should be incorporated into the related documents by the applicant:
1. No portion of the structure can encroach into the required
front set-back.
2. All signs must comply with the Boynton Beach Sign Ordinance.
3. The double striping for handicapped parking stalls must be 4 feet
in width.
4. Community Appearance Board should be aware of and evaluate the
condition of the dumpster in close proximity to Congress Avenue.
The applicant's prompt compliance with the preceeding comments will
insure a timely permitting process.
-1PL-- ~~
Don Ja e ~-"-r;--------
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xc: E.E. Howell
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JUN 14 J98F
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TO
City Planner
SUBJECT:____.._____
TRB
"OLD.
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FROM
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Fire Dept.
__.__...DA TE:___J?_=_Lt::JHL______________
MCDONALDS - CATALINA CENTER
As drawn, there is no real access for firefighting.
Areas with the highest probability for fire (ie, kitchen,
storage, etc.) are blocked by parking or the drive thru
lane with associated curbs, gutters, and landscaping.
An acceptable alternative to additional access would be
a fire sprinkler system installed in accordance with
NFPA 13.
PLEASE REPLY TO
REPLY
~
DATE:
0-/~-P- P
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SIGNED
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Item 8 F269 Grayarc, P.O. Box 2944, Hartford, CT 06104-2944
@ Wheeler Group, Inc. 1982 THIS COPY FOR PERSON ADDRESSED
MEMOR,ANDUM
TO
Mr. James Golden
DATI!
8 June 88
"'t'
,
F'1t..E
""OM
Lt. Dale S. Hammack
SUBJECT
McDonalds
As per our discussion at the Technical Review Board meeting on
7 June 88, I am recommending the following:
1. Redesign Drive Thru configuration, conflicts with traffic flow
and pedistrian safety.
#E./~
Lt. Dale S. Hammack
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PLEASE REPLY TO .
REPLY
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~~~~
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SIGNED
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DATE:
Item /I F269 Grayarc, P.O. Box 2944, Hartford. CT 06104-2944
@ Wheeler Group, Inc. 1982 THIS COPY FO
MEMORANDUM
From:
Carmen Annunziato, Planning Director~\\~
John A. Guidry, Director of Utilities~
To:
Date:
June 8, 1988
Subject:
TRB Review - McDonald's at Catalina Centre
We cannot approve the subject site plan for the following reasons:
1. The overhang at the drive-thru windows extends into the
utility easement.
2. The drive-thru lane and concrete slab lie within the utility
easement. Any maintenance required on the water and force
mains would effectively prevent use of the drive-thru.
3. The sewage air release valves may emit unpleasant odors at any
time, in accordance with their proper functioning. We cannot
be responsible for any adverse impacts these might have on the
restaurant or its customers.
dmt
bc: Peter Mazzella
MEMORANDUM
June 9, 1988
TO: CHAIRMAN AND MEMBERS
PLANNING AND ZONING BOARD
FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
RE: MCDONALD'S RESTAURANT AT CATALINA CENTRE PLAT NO. 2-
CONDITIONAL USE
1. The drive-through aisle on the south side of the
building is only 10 feet in width and does not meet
the 12 feet required by the parking lot regulations for
one-way drives.
2. The 9' x 16' parking spaces on the south side of the
building do not meet the 9' x 18' requirement within the
parking lot regulations.
3. Several revisions to the shared parking study are needed.
It appears that this will not affect the 10% buffer
required, however, a revised study that meets the 10%
buffer will need to be submitted for review prior to
permitting.
4. The exit sign, thank you sign, and clearance sign
proposed are not located on the site plan and should
be identified for potential utility or visibility
conflicts.
5. The applicant should be aware that the proposed sign
code would not allow any signage on the north, west,
or south sides of the building.
6. The proposed drive-through menu board signs do not
comply with the proposed sign code with
respect to size limitation, sign height, number of signs
proposed and information that is allowed to be advertised.
7. The site data table on the shopping center site plan should
correspond with the parking space calculations within the
shared parking study.
~~. ~!f.JL
CARMEN S. ANNU ZIAT6
CSA:ro
cc Central File
M E M 0 RAN DUM
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TO:
Carmen Annunziato, Planning Director
FROM:
Kevin J. Hallahan, Forester/Horticulturist
DATE:
June 9, 1988
RE:
Catalina Centre - McDonalds Restaurant - Site Plan
The following comments pertain to the landscape plan for the
above project:
1. The type (species) of sod used should be depicted on the
plan.
2. The road R.O.W.'s should receive irrigation from the
existing sprinkler system.
3. Non-potable water must be used to irrigate the landscaped
areas.
KJH:ad
DOC: CATALINA
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......
I Kim/ey-Horn and Associates, Inc. 4431 Embarcadero Drive, West Palm Beach, FL 3.3407 · (305) 845-0665 ~i.
Raleigh, Durham, Charlotte, Nashville, Virginia Beach, Washington, Dallas, !
West Palm Beach, Tampa, Orlando, Fl Lauderdale, Vera Beach, Ft Myers, Phoenix ,
,
Ms. Tambri Heyden
Ci ty of Boynton Beach
120 NE Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Catalina Center/Study
McDonald's Site Plan
May 16, 1988
Revised June 3, 1988
4677.01(07)P87-55 .
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Dear Ms. Heyden:
As requested, we have revised the parking analysis for Catalina Center
located in Boynton Beach, Florida. The analysis was based on the City of Boynton
Beach parking code; parking generation rates recommended by the Urban Land
Institute (ULI), ULI--the Urban Land Institute Shared Parking, 1983; parking
generation rates recommended by the Institute of Transportation Engineers (ITE),
Parkin Generation--An Interim Re ort, Institute of Transportation Engineers,
; an t e s are par mg recommendations of the Urban Land Institute,
ULI-- The Urban Land Institute Shared Parking, 1983. All rates used in this
analysis represent peak season demand. Differences in seasonal peaks which exist
among the land uses proposed were conservatively ignored.
Shared parking is an integral part of the Catalina Center analysis. Shared
parking is defined as parking space which can be used by two or more land uses
without conflict or encroachment. In order for shared parking to be utilized, the
peak accumulation of parked vehicles generated by different but adjacent land uses
must not be concurrent.
Catalina Center will consist of three land uses: office, retail, and hotel with
restaurant, lounge, and conference facilities contained within the hotel.
Considering the land use mix, maximum parking accumulation will occur on
weekdays.
An analysis has been made of the northern parcel, which contains 144,620
square feet of retail space with the proposed revision of the outparcel reduction
from 6,000 square feet to 4,295 square feet, and the southern parcel, which
contains 75,000 square feet of office and a 166-room hotel with its auxiliary uses
including 18 suites. The north and south parcels were analyzed separately and
combined. The analysis was based on information provided by Ocean Properties, on
Building client relationships since 1967
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Ms. Tambri Heyden
-2-
May 16, 1988
Revised June 3, 1988
the January 21, 1985, site plan of the total development, the August 27, 1986, site
plan of the retail parcel, information provided verbally in August, 1987, the
outparcel site plan of December 28, 1987, and supplemental information provided
in 1988.
Our analysis demonstrates that the proposed parking will be sufficient to
accommodate the parking demands of both the northern and southern parcels,
whether they are considered individually or together. The analysis reflects the
addi tion of the outparcel shown on the southern parcel (Plat Ill).
Northern Parcel
ULI and ITE are the most widely recognized sources of parking generation data.
For a retail development of the size of Catalina Center, ULI recommends a rate of
four spaces per 1,000 square feet of gross leasable area. This would indicate that
579 spaces should be provided for the northern parcel. ITE recommends a weekday
parking rate for peak season (Thanksgiving to Christmas) of 3.25 spaces per 1000
square feet of gross leasable area, which would require Catalina Center to provide
470 spaces for the retail parcel. A total of 684 spaces are proposed for the retail
parcel, 105 (18.1%) more than required by ULI rates and 214 (45.5%) more than
indica ted by the ITE peak season rates.
The Boynton Beach parking code, for retail use, is generalized to accommodate all
shopping center sizes. The code requires five parking spaces per 1,000 square feet
of gross leasable area. According to ULI, this is a rate appropriately applied to
retail developments greater than 600,000 square feet, over four times the size of
the proposed Catalina Center retail parcel. Under the Boynton Beach parking
code, the Catalina Center retail parcel would be required to provide 724 parking
spaces.
Southern Parcel
Given the hotel/office/restaurant land use mix proposed for the southern parcel, it
is reasonable to assume that shared parking will occur within the parcel itself.
Analysis of the site plan shows that numerous parking spaces within the parcel are
convenient to the three land uses which will allow shared parking to occur.
Table 1 (attached) outlines the parking demand which can be expected for the
southern parcel using ITE and/or ULI generation rates. As shown in Table 1,
without considering shared parking, 639 parking spaces are required under ITE/ULI
recommenda tions.
)
4677.oH07)P87-55
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Ms. Tambri Heyden
-3-
May 16, 1988
Revised June 3, 1988
Compared to ITE and ULI, the Boynton Beach parking code is more conservative
for office, hotel, and restaurant/lounge land use, but requires fewer spaces for
conference facilities. Parking demand for the southern parcel generated using the
Boynton Beach parking code is shown in Table 2 (attached). As shown, without
considering shared parking, the Boynton Beach code would require 754 spaces to be
provided for the southern parcel.
As previously stated, the physical layout and mixed-use character of the southern
parcel lends itself to shared parking. Table 3 (attached) shows the peak parking
demand projected for Catalina Center's southern parcel using the generation rates
recommended by ITE/ULI, and considering the shared parking recommendations of
ULI. As seen, 460 spaces are required to meet the peak parking demand, well
below the 636 proposed for the site. Table 4 (attached) shows the peak parking
demand for the southern parcel using Boynton Beach rates for parking generation,
and ULI recommendations for shared parking. As seen, under these criteria, peak
parking demand will be 515 spaces. The 636 spaces proposed represents a projected
surplus of 121 spaces.
Based on the above analysis, parking proposed for the southern parcel of Catalina
Center should prove sufficient to handling its parking needs.
Total Development
Given the mixed-use character and physical layout of the Catalina Center site, the
most reasonable approach for analysis of the total development is through use of
ULI shared parking recommendations. A total of 1,320 parking spaces are proposed
for the development.
Projected parking demand for the total site using ULI's shared parking
recommendations are shown in Tables 5, 6, and 7a and 7b (attached). Tables 5 and
6 use the ITE/ULI parking generation rates applied in Table 2 for land uses other
than retail. Table 5 uses the peak season rates for retail generation, and Table 6
uses ULI rates for retail generation. Based on discussions with Boynton Beach City
staff, as the various hotel components are being evaluated separately, the ULI rate
of 1.0 space per hotel room and the ULI residential rate of 1.6 for the hotel suites
is the appropriate parking generation rate to be used in the analysis. Tables 7a and
7b reflect this rate for the hotel room and suite generation and Boynton Beach
code rates for all other uses.
As shown, considering shared parking, the number of parking spaces recommended
for Catalina Center ranges from 921 to 1,219 depending on the generation rate
selected. It should be noted that in all the above scenarios, except where the
------"
4677.0H07)P87-55
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Ms. Tambri Heyden
-4-
May 16, 1988
Revised June 3, 1988
Boynton codes are applied to each land use, sufficient parking space is provided on
si te even without considering shared parking. For the remainder of this analysis,
the more conservative Boynton Beach rates reflected in Tables 7a and 7b will be
applied.
The City of Boynton Beach requires that a 10% buffer be provided to ensure that a
sufficient number of parking spaces are available at the time of peak use. Based
on consultation with City of Boynton Beach staff, and analysis of the layout of the
total site plan, it will be conservatively assumed that the retail and the office uses
share only from the available hotel parking of 438 spaces. The restaurant
outparcel may share from the hotel or retail. Also, due to the layout of the site
which is not especially conducive to shared parking between the retail or
restaurant and office uses, buffer calculations have been performed separately for
retail, restaurant outparcel and office uses.
By Boynton Beach code, the buffer is calculated as follows:
B ff _ Surplus Shared Parking
u er - On-Site + Shared Parking Provided
The peak hour of parking demand for the site is 1:00 PM as shown on Table 7a. At
this time, the hotel usage will require 211 spaces of the 438 provided leaving 227
spaces available for sharing with the office, retail, and restaurant outparcel. The
retail will require 40 of the hotel's spaces at this time leaving 187 spaces available
to be shared with the office. (The Marie Callender's restaurant outparcel will not
require any shared parking at this time.) 140 spaces are proposed for the office
itself; therefore, 110 spaces need to be shared with the hotel to accommodate the
office parking code requirement of 250. A surplus of spaces of 187 - 110 = 77
therefore exists. The buffer for the office (to three significant figures) is
therefore:
77
140 + 110 x 100 = 30.8%
I
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As calculated above, during the peak hours of parking demand, 227 spaces of the
438 provided for the hotel are available for shared parking. Also as shown, 110
spaces will be shared at this time by the office leaving 227 - 110 = 117 spaces
available to be shared with the retail. 684 spaces have been provided for the retail
and 40 spaces will be shared with the hotel to meet the peak demand of 724 spaces
for the retail. This leaves a surplus of 117 - 40 = 77 spaces. The buffer for the
retail (to three significant figures) is therefore:
77
684 + 40 x 100 = 10.6%
4677.oH07)P87-55
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Ms. Tambri Heyden
-5-
May 16, 1988
Revised June 3, 1988
During the peak hour of parking demand of the site, the demand for spaces at th~
Marie Callender's restaurant outparcel will be 70% of its total requirements ~
spaces). Since.59 spaces have been provided for the restaurant, no sharing is
required. The buffer for the restaurant outparcel is:
77
59 + 24 = 92.8%
The peak hour of demand for the Marie Callender's restaurant is 8:00 p.m. The
outparcel will need to share 24 spaces at this time. Since the outparcel has direct
access to the other parking lots in the Catalina Center and these other lots exhibit
different peaking characteristics than the outparcel, shared parking can readily
occur. The retail, office, and hotel do not require shared parking at the peak of
the restaurant, leaving ample parking available for sharing with the restaurant.
The retail requires only 630 of the 684 spaces provided. The hotel requires 355 of
the 438 spaces provided. The office requires 18 of the 140 spaces provided.
Considering only the available spaces provided by the hotel, the buffer for the
restaurant at 8:00 is:
Buffer =
83
59 + 24 = 100.0%
It is seen that using the Boynton Beach generation rates, both the office and retail
parcels meet the Boynton Beach buffer requirement of 10%.
Based on the above analysis, the 1,320 spaces provided for the total development
should prove sufficient in handling the parking demands of the development.
If you have any questions regarding this analysis, please do not hesitate to
contact us.
Very truly yours,
~Er-HrN ~ND ^:,.SOC..IATES, INC.
(~ "-?r;\~ ~\"I ~ \>\W
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J hryF. Benditz, P.E. / ~
Transportation EngineerL/
for
Steven G. Godfrey, P.E.
Vice President
SGG:SOR/mec
Attachments
4677.oHo7)P87-55
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TABLE 1
SOUTHERN PARCEL LAND USE AND PARKING DEMAND
ITE/ULI RATES, NO SHARED PARKING
Required
Land Use Intensi ty Peak Rate Source Spaces
Office 75,000 sq . ft . 2.5/1000 sq.ft. ITE, ULI 188
Hotel Rooms 148 rooms 1. O/occ. rm. ULI 148
Hotel Suites 18 units 1.6/unit ULI 29
Restaurant 90 seats .24/seat ITE* 22
Restaurant
(outparcel) 207 seats .24/seat ITE* 50
Lounge 225 sea ts .24/seat ITE* 54
Meeting Room 296 seats .5/seat ULI 148"""
639
*ULI assumptions for hotel restaurants used with the ITE rate for restaurants.
TABLE 2
SOUTHERN PARCEL LAND USE AND PARKING DEMAND
BOYNTON BEACH PARKING CODE RATES, NO SHARED PARKING
Total Spaces
Land Use In tensi ty Parking Demand Rate Required
Office 75 , 000 sq. ft . 3.33 spaces per 1,000 250
sq.ft. GF A
Hotel Rooms 148 rooms 1.25 spaces per room 185
Hotel Suites 18 uni ts 2 spaces per unit 36
Lounge 225 sea ts 1 space per 2.5 seats 90
Restaurant 90 seats 1 space per 2.5 seats 36
Restaurant
(outparcel) 207 sea ts 1 space per 2.5 seats 83
i
I Meeting Room 296 sea ts 1 space per 4 seats 74
I
I
i TOTAL 754
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4677.oH07)P87-55
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---
Kim/ey-Horn and Associates, Inc. 4431 Embarcadero Drive, West Palm Beach, FL 33407 . (305) 845-0665
Raleigh, Durham, Charlotte, Nashville, Virginia Beach, Washington, Dallas,
West Palm Beach, Tampa, Orlando, Ft Lauderdale, Vero Beach, Ft Myers. Phoenix
May 16, 1988
4677 .OH07)P87-55
Ms. Tambri Heyden
Ci ty of Boynton Beach
120 NE Boynton Beach Boulevard
Boynton Beach, Florida 33435
I.... '
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CJ.e,~.::i~ P-~
As requested, we have revised the parking ana~atalma Center
located in Boynton Beach, Florida. The analysis was based on the City of Boynton
Beach parking code; parking generation rates recommended by the Urban Land
Institute (ULI), ULI--the Urban Land Institute Shared Parking, 1983; parking
generation rates recommended by the Institute of Transportation Engineers (ITE),
Parking Generation--An Interim Report, Institute of Transportation Engineers,
1985; and the shared parking recommendations of the Urban Land Institute,
ULI-- The Urban Land Institute Shared Parking, 1983. All rates used in this
analysis represent peak season demand. Differences in seasonal peaks which exist
among the land uses proposed were conservatively ignored.
Re:
Catalina Center/Study
McDonald's Site Plan
Dear Ms. Heyden:
Shared parking is an integral part of the Catalina Center analysis. Shared
parking is defined as parking space which can be used by two or more land uses
without conflict or encroachment. In order for shared parking to be utilized, the
peak accumulation of parked vehicles generated by different but adjacent land uses
must not be concurrent.
Catalina Center will consist of three land uses: office, retail, and hotel with
restaurant, lounge, and conference facilities contained within the hotel.
Considering the land use mix, maximum parking accumulation will occur on
weekdays.
1++ (pOlo
An analysis has been made of the northern parcel, which contains' IltJ,925
square feet of retail space with the proposed revision of the outparcel reduction
from 6,000 square feet to 4,295 square feet, and the southern parcel, which
contains 75,000 square feet of office and a 166-room hotel with its auxiliary uses
including 18 suites. The north and south parcels were analyzed separately and
combined. The analysis was based on information provided by Ocean Properties, on
Building client relationships since 1967
(I =-11
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Ms. Tambri Heyden
-2-
May 16, 1988
the January 21, 1985, site plan of the total development, the August 27, 1986, site
plan of the retail parcel, information provided verbally in August, 1987, and the
outparcel site plan of December 28, 1987.
Our analysis demonstrates that the proposed parking will be sufficient to
accommodate the parking demands of both the northern and southern parcels,
whether they are considered individually or together. The analysis reflects the
addition of the outparcel shown on the southern parcel (Plat /11).
Northern Parcel
ULI and ITE are the most widely recognized sources of parking generation data.
For a retail development of the size of Catalina Center, ULI recommends a rate of
four spaces per 1,000 square feet of gross leasable area. This would indicate that
579 spaces should be provided for the northern parcel. ITE recommends a weekday
parking rate for peak season (Thanksgiving to Christmas) of 3.25 spaces per 1000
square feet of gross leasable area, which would require Catalina Center to provide
470 spaces for the retail parcel. A total of 684 spaces are proposed for the retail
parcel, 105 (18.1%) more than required by ULI rates and 214 (45.5%) more than
indicated by the ITE peak season rates.
The Boynton Beach parking code, for retail use, is generalized to accommodate all
shopping center sizes. The code requires five parking spaces per 1,000 square feet
of gross leasable area. According to ULI, this is a rate appropriately applied to
retail developments greater than 600,000 square feet, over four times the size of
the proposed Catalina Center retail parcel. Under the Boynton Beach parking
code, the Catalina Center retail parcel would be required to provide ...:rz:rparking
spaces. ~~4- 144,&-,;}~
~6JC
Southern Parcel
Given the hotel/office/restaurant land use mix proposed for the southern parcel, it
is reasonable to assume that shared parking will occur within the parcel itself.
Analysis of the site plan shows that numerous parking spaces wi thin the parcel are
convenient to the three land uses which will allow shared parking to occur.
Table 1 (attached) outlines the parking demand which can be expected for the
southern parcel using ITE and/or ULI generation rates. As shown in Table 1,
without considering shared parking, 631 parking spaces are required under ITE/ULI
recommendations.
-------_.._---------------_._-_.__._~
4677.0H07)P87-55
fII%DUUDOC"l;7afn1w1iiJ l
1- Ms. Tambrl Heyden
-)-
May 16, 1988
Compared to ITE and ULI, the Boynton Beach parking code is more conservative
for office, hotel, and restaurant/lounge land use, but requires fewer spaces for
conference facilities. Parking demand for the southern parcel generated using the
Boynton Beach parking code is shown in Table 2 (attached). As shown, without
considering shared parking, the Boynton Beach code would require 749 spaces to be
provided for the southern parcel.
As previously stated, the physical layout and mixed-use character of the southern
parcel lends itself to shared parking. Table 3 (attached) shows the peak parking
demand projected for Catalina Center's southern parcel using the generation rates
recommended by ITE/ULI, and considering the shared parking recommendations of
ULI. As seen, !J.60 spaces are required to meet the peak parking demand, well
below the~~-6i?osed for the site. Table 4 (attached) shows the peak parking
demand for the southern parcel using Boynton Beach rates for parking generation,
and ULI recommendations for shared parking. As seen, under these criteria, peak
parking demand will be 515 spaces. The~spaces proposed represents a projected
surplus of~spaces. &-3"1
l;2cz
Based on the above analysis, parking proposed for the southern parcel of Catalina
Center should prove sufficient to handling its parking needs.
Total Development
Given the mixed-use character and physical layout of the Catalina Center site, the
most reasonable approach for analysis of the total development is through use of
ULI shared parking recommendations. A total of~parking spaces are proposed
for the development. /3';< J
I
Projected parking demand for the total site using ULI's shared parking
recommendations are shown in Tables 5, 6, and 7a and 7b (attached). Tables 5 and
6 use the ITE/ULI parking generation rates applied in Table 2 for land uses other
than retail. Table 5 uses the peak season rates for retail generation, and Table 6
uses ULI rates for retail generation. Based on discussions with Boynton Beach City
staff, as the various hotel components are being evaluated separately, the ULI rate
of 1.0 space per hotel room and the ULI residential rate of 1.6 for the hotel suites
is the appropriate parking generation rate to be used in the analysis. Tables 7a and
7b reflect this rate for the hotel room and suite generation and Boynton Beach
code rates for all other uses.
As shown, considering shared parking, the number of parking spaces recommended
for Catalina Center ranges from 921 to 1,219 depending on the generation rate
selected. It should be noted that in all the above scenarios, except where the
-~
4677.01(07)P87-55
[ ~DLfl)jJ~nD{@;"DDJ
I-------~
I
1
Ms. Tambri Heyden
-4-
May 16, 1988
Boynton codes are applied to each land use, sufficient parking space is provided on
si te even without considering shared parking. For the remainder of this analysis,
the more conservative Boynton Beach rates reflected in Tables 7a and 7b will be
applied.
The City of Boynton Beach requires that a 10% buffer be provided to ensure that a
sufficient number of parking spaces are available at the time of peak use. Based
on consultation with City of Boynton Beach staff, and analysis of the layout of the
total site plan, it will be conservatively assumed that the .J.~tflil and the office uses
share only from the available hotel parking of ~-~pid:;es. The restaurant
outparcel may share from the hotel or retail. Also, due to the layout of the site
which is not especially conducive to shared parking between the retail or
restaurant and office uses, buffer calculations have been performed separately for
retail, restaurant outparcel and office uses.
By Boynton Beach code, the buffer is calculated as follows:
B ff _ Surplus Shared Parking
u er - On-Site + Shared Parking Provided
:~ ",'~'
TEe peak hour of parking demand for the site is 1 :00 PM as s~~r.r.~~- Table 7a. At
\.:,\'his time, the hotel._ will require 211 spaces of the~-I~"[ded leaving~ -A'~ rJ
I ., i\~ spaces available o~har.ng with the office, retail, and restaurant oJlma.r~~{p~ ~ ..
1') -jr .... ~. r tail will reg' e..lfr'(the hotel's spaces at this time leaving~~~ce~P6iai a:bi~,
. ~."t,1{. ".'~ 0 be ~a it e office. (The Marie Callender's restaurant outparcel will not
I / ~re any shared parking at this time.) 140 spaces are proposed for the office
,<..,/ I ts~1f; ther~fore, 11 0 spa~es need to be shared with the hotel to accom ll}~c1i- te the
~;;/,... office parkmg code reqUirement of 250. A surplus of spaces of ft3' - 110 =~~
%' therefore exists. The buffer for the office (to three significant figures) is . 'f'
therefore: f. J>:::,l;\.
-P' 1t- /'~_. ~~
140 + 110 x 100' U
. .dJrf":O" ) I
A.~~"'> As calculated above, during the peak hours of parking demand,~ spaces of the
'A-d ~ provided for the hotel are available for shared parking. AlqsU"s..;>hpwfl,...J lO"J
-)21'1 spaces will be shared at this time by the 8Mice leavin~'~fa~~~e'~
availab1~ to be shared with the retail. ~~~2'es have been provided for the retail
andJ.rr1Paces will be shared with the hotel tol/!:-et thy peak demand of 725 spaces
for the retail. This leaves a surplus of m'--:",lc =.J3'_spaces. The buffer for the
retail (to three significant fig~r:,s) is there:~e: ?f
/r51ff ! l~ -'
684 + ~ x 1 00 =~ ,/ "
4v
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4677.oHo7)P87-55
[ CKDl7iiJllr;Wo /Xl@JI?l7ilJ
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Ms. Tambri Heyden
During the peak hour of parking demand of the site, the demand for spaces at the
Marie Callender's restaurant outparcel will be 70% of its total requirements (58
spaces). Since 58 spaces have been provided for the restaurant, no sharing is
required. The buffer for the restaurant outparcel is:
~ 1'1 93.1
58+24 =~ V
The peak hour of demand for the Marie Callender's restaurant is 8:00 p.m. The
outparcel will need to share 24 spaces at this time. Since the outparcel has direct
access to the other parking lots in the Catalina Center and these other lots exhibit
different peaking characteristics than the outparcel, shared parking can readily
occur. The retail, office, and hotel do not require shared parking at the peak of
the restaurant, leaving ample parking available for sharing with the restaurant.
The retail !~CUJ!~s only 630 of the 684 spaces provided. The hotel requires 355 of
the ~ij~i:>rovided. The office requires 18 of the 140 spaces provided.
Considering only the available spa<;es provided by the hotel, the buffer for the
restaurant at 8:00 is: ~jy.'.J-..'.". . -IP9-_4~J.. ..........
, :~,k~ ..../ ,~ ~
Buffer = ..JK. = 97.~' ~ T' ,\Il..~., _
58 + 24 ~'~ ,J.,,,. '
It is seen that using the Boynton Beach generation rates, both the office and retail
parcels meet the Boynton Beach buffer requirement of 10%.
)
4677.0Ho7)P87-55
l~\hnuD~"LiO@Lr;]
1----- ____
I Ms. Tambri Heyden
I
-6-
May 16, 1988
I '3~ (
Based on the above analysis, the~spaces provided for the total development
should prove sufficient in handling the parking demands of the development.
If you have any questions regarding this analysis, please do not hesitate to
contact us.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
~~ ~.~~
Susan E. O'Rourke
Transportation Analyst
for
Steven G. Godfrey, P.E.
Vice President
SGG:SOR/mec
Attachments
I
~
4677.oH07)P87-55
[~~:m!~!ooa@lf@ l
r-- -----
I
,
TABLE 1
SOUTHERN PARCEL LAND USE AND PARKING DEMAND
ITE/ULI RATES, NO SHARED PARKING
Required
Land Use Intensity Peak Rate Source Spaces
Office 75,000 sq . ft . 2.5/1000 sq.ft. ITE, ULI 188
Hotel Rooms 148 rooms 1. O/occ. rm. ULI 148
Hotel Suites 18 uni ts 1.G/unit ULI 29
Restaurant 90 seats .24/seat ITE* 22
Restaurant
(outparcel) 205 sea ts . 24/seat ITE* 50
Lounge 225 sea ts . 24/seat ITE* 54
Meeting Room 280 sea ts . 5/sea t ULI 140
631
*ULI assumptions for hotel restaurants used with the ITE rate for restaurants.
TABLE 2
SOUTHERN PARCEL LAND USE AND PARKING DEMAND
BOYNTON BEACH PARKING CODE RATES, NO SHARED PARKING
4677 .OH07)P87-55
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BOYNTON BEACH PLANNING DEPARTMENT
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APPLICATION INFORMATION FORM
".
.... .
NOTE: This form must be .filled out completely and accurately
and must accompany all applications submitted to the
Planning Dept. (2 copies of application required)
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PROJECT NAME: ~cDonald' s Restaurant
AGENT'S NAME: Roland Yates, Construction Engineer
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ADDRESS: 5200.'Town Center Circle, #600
Boca Raton, Fl 33432
PHONE: (407) 391-8003
OWNER'S NAME: Wa1boyn, Inc.
(or trustee's)
ADDRESS: 8132 West Glades Road
Boca Raton, Fl 33434
PHONE
(4071 ~A7-4qOO
PROJECT LOCATION: Congress Avenue, Boynton Beach. Fl
(not legal description)
CORRESPONDENCE ADDRESS:*McDonald's Corporation, 5200 Town Center Circ
(if different than #600
agent or owner) Boca Raton, Fl 33432
:'
* This is the address to which all agendas, letters and other
materials will be forwarded.
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Applicant #
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CONDITIONAL USE APPLICATION
Date Submitted:--!l.26/88
Applicant Name: McDonald's Corporation. Attn: Roland YatP~
Boca Raton, F1 33432
Applicant Addres~: 5200 Town Center Circle. #60QPhone:407-391-8003
Site Address: 1799 N. Conqress Avenue. Bovnton Beach. Fl
Legal Description: Catalina Centre, Plat 2
ProJect Description: Construct freestandinq McDonald's Restaurant
wi approximately 90 seats and drive thru facility.
· ~-:h- ~NJ
Signature of
,
$4/ ~
The Owner hag hereby de-
signated the above signed
person to act as his agent
in regard to this petition.
(To be executed when OWner
designates another to act
on his behalf.)
OWNER
(2)
Planning Department 9/83
II. SITE DATA
The following information must be filled out below and must appear,
where applicable, on all six (6) copies of the site plan.
1. Land Use Category shown in
the Comprehensive Plan Local Retail Commercial
2. Zoning District C-3
3. Area of Site 12.96 acres 564,538 sq. ft.
4. Land Use -- Acreage Breakdown
A. Residential, including acres N/A % of site
surrounding lot area or
grpunds
b. Recreation Areas * acres N/A % of site
(excluding water area) I
N/A
c. Water Area acres - % of site
d. Commercial 12.96 acres N/A % of site
e. Industrial acres N/A % of site
f. Public/ln- acres N/A % of, site
stitutional
g. Public,Private, and Canal
Rights-of-Way acres N/A % of site
h. Other (specify) acres 1\1/n. % of site
.
i. Other (specify)
acres
1\1 / n.
% of site
j. Total Area of Site
12.96
100
% of site
* Including open space suitable for outdoor recreation, and
having a minimum dimension of 50 ft. by 50 ft.
5. Surface Cover
a. Ground Floor Building 135458 sq. ft. 23.99 % of site
Area ("building footprint") 7795 sf (future retail) 1.38%
b. Water Area
n
sq. ft.
n
% of site
c. Other Impervious Areas,
including paved. area of
public & private streets;
paved area of parking
lots & driveways (ex...- -.
cluding landscaped areas) ,
and sidewalks, patios,
decks, and athletic
courts. 11676R
sq. ft.
C;g.6t:;
% 0 f site
d. Total Impervious Area
480021
sq.ft. 85.03
% of site
e. Landscaped Area Inside 11463
of Parking Lots
(20 sq.ft. per interior
parking space required--
see Sec. 7.5-35(g) of
Landscape Code) .
sq. ft.
2.03 % of site
Planning Dept. 10/82
~'___l__ ft__~ '^/n~
f. Other Landscaped Areas, 71219 sq. ft. 12_61:) . % of site
excluding Water Area
g. Other Pervious Areas,
including Golf Courses,
Natural Areas, Yards, and
Swales, but excluding
Water Areas -0- sq. ft. .,..0- % of site
h. Total Pervious Areas 82682 sq. ft. 14.65 % of site
i. Total Area of Site 564538 ~q.ft. 100 % of site
,
6. Floor Area
a. Residential N/A sq. ft.
b. Commercial/Office 144620 sq. ft.
c. Industrial/Warehouse N/A sq.ft.
d. Recreational N/A sq.ft.
e. Publici N/A
Institutional sq. ft.
f. Other (specify) N/A sq. ft.
g. Other (specify)
N1A
sq. ft.
h. Total Floor Area 144620 sq. ft.
7. Number of Residential Dwelling Units
a. Single-Family Detached N/A dwelling units
b. Duplex N/A dwelling units
c. Multi-Family (3 +
attached dwelling units
(1) Efficiency N/A dwelling units
(2) 1 Bedroom N/A dwelling units
(3 ) 2 Bedroom N/A dwelling units
(4) 3+ Bedroom N/A dwelling units
d. Total Multi-Family N/A dwelling units
e. Total Number of Dwelling
Units N/A
8. Gross Density N/A Dwelling Units per )\cre
9. Maximum Height of Structures on Site
45
feet
1
stories
10. Required Off-Street Parking
a. Calculation of Required
Number of Off-Street
Parking Spaces
1 space/200 sf gross leasable
Retail Ctr. 136,825/200 = 685
Future Retail 7795/200 = 39
TOTAL 724
b. Off-Street Parking Spaces
Provided on Site Plan
Retail Centre
66b
Future Retail
2'
Joint Parking
l' of which are handicap
TOTAL
40
72'1
PlanZ Dept.
10/82
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LAW OFFICE
RICHARD H. CRITCHFIELD, P.A.
8150 GLADES ROAD
BOCA RATON, FLORIDA 33434
(407) 467-0701
May 20, 1988
Boynton Beach Planning Department
Post Office Box 310
Boynton Beach, Florida 33425
Attention: Tambri Hayden
Re: Walboyn Development Corp.jMcDonalct's Restaurants of
Florida, Inc. - Catalina Centre, Boynton Beach, Florida
Dear Ms. Hayden:
At the request of McDonald's Corporation, I am enclosing
herewith revised Title Certification.
Thank you for your cooperation.
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Enclosure
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TITLE CERTIFICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, RICHARD H. CRITCHFIELD, a duly 1 icensed attorney in the
State of Florida do hereby certify that I have examined the
Publ ic Records of Palm Beach County, Florida through April 27,
1988 at 7:00 P.M. and hereby further certify that the record
titleholder of that certain parcel of real property situate,
lying and being in Palm Beach County, Florida, more particularly
described in Exhibit II All attached hereto and made a part hereof
is: ,
Walboyn Development Corp., a Maine corporation
subj~ct to that certain mortgage in favor of The First National
Bank of Boston dated March 10, 1987 and recorded March J9, 1987
i n 0 f f i c. i a 1 R e cor d s Boo k 5 2 11 a t
the Public Records
of Palm Beach County, Florida.
Sworn to and subscribed before
me this 27th day of April, 1988.
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otary Public t.J ./
My Commission Expires:
tlota.y Public, State of Florida
\Ay (ommi~s;on Exp:res MaiCh 10, 1991
Bonded Thru Troy Fain . 1/l~ur3nco Jne.
14
EXHIBIT IIAII
Tract A of CATALINA CENTRE PLAT NO.2,
according to the Plat thereof, recorded in
Plat Book 56 at Page 43, of the Public
Records of Palm Beach County, Florida.
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DEED
THIS DEED, dated this ~ day of December, 1984, by Riteco
Development Corporation, a Florida corporation ("Riteco"), and
by B. D. Rawls, 169 E. Flagler Street, Suite 1430, DuPont Building,
Miami, Florida, as Trustee for Martha Field Fite under that certain
indenture of trust known as The Martha Field Fite Trust, dated the
12th day of September, 1984, recorded in Official Records Book 4376,
page 1612, Public Records of Palm Beach County, Florida, and as
Successor Trustee for Janet Field Riley under that certain indenture
of trust known as The Janet Field Riley Trust, dated the 3rd day of
February, 1981, recorded in Official Records Book 4376, page 1581,
Public Records of Palm Beach County, Florida, ("Rawls"), hereinafter
collectively called the Grantor, to Walboyn Development Corp., a
Maine corporation, 8132 West Glades Road, Boca Raton, Florida 33434,
hereinafter called the Grantee.
WITNESSETH:
That for the sum of Ten Dollars ($10.00) and other
good and valuable consideration, said Grantor do hereby grant,
bargain, sell, alien, remise, release and convey unto the said
Grantee, its successors and assigns in fee simple forever, all
that certain property situate in the County of Palm Beach, State
of Florida, described as follows:
SEE EXHIBIT "A", attached hereto and made a part hereof.
SUBJECT, HOWEVER, to taxes for the year 1984 and subsequent
years; to all applicable governmental regulations; to
restrictions, reservations and easements of record (it not
being the intent hereof to reimpose the same).
AND Riteco does hereby fully warrant the title to Parcels 1
2 (as shown on Exhibit "A"), and will defend the same against
lawful claims of all persons whomsoever, except as above noted.
AND Rawls does hereby covenant with Grantee and Riteco that
at the time of delivery of this Deed, Parcel 2 (as shown on Exhibit
"A") was free from all encumbrances made by Rawls, and that Rawls
will warrant and defend Parcel 2 against the lawful claims and demands
of all persons claiming by, through or under him, but against none
other.
IN WITNESS WHEREOF, the said Grantor have executed this Deed
Prepared by: Lv.J.. ~~ -tD :
DAVlD S. PRESSLY, ESQ.
P.O. Box 3888
West Palm Beach, FL 33402
the day and year aforesaid.
Signed, sealed and delivered
in the presence of:
(1) y~~,~~~
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RITECO DEVELOPMENT CORPORATION
(2 )
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BY: ,?) I cl l ,!Qdr,' "l' ~ JIi
I s vlce-presidentV-(j I
fj\~\Hh ..~ I,
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(CORPORATE: s~~>.:.,.., ,f.-:
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B. D. Rawls, as Trustee under
The Martha Field Fite Trust and
as Successor Trustee under The
Janet Field Riley Trust.
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STATE OF FLORIDA )
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me this 18~
day of December, 1984, by HOWARD WADE RILEY, III, as Vice President
of Riteco Development Corporation, a Florida corporation, on behalf
of the corporation.
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{<{NOTARY SEAL)
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NOTARY PUBLIC .
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My Commission Expires:
fiOTARY PUBLIC STATE o~ rlORID~
~y CO~~ISSION EXP. DEe 14.19BB
BONDED THRU GENERAL INS. UNO.
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s;rix:'TE" OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this 19~
day of December, 1984, by B. D. RAWLS, as Trustee.
,(NOTARY SEAL)
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NOTARY PUBLIC
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NOTARY puruc Sr....TE OF FLORIDA
MY COMM!3S;;)N EXPi~CS JUNE 26 1987
BONDED THRU GENERAL It,SURANCE UNO
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A PARCEL OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER
OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, THENCE WITH A
BEARING OF SOUTH 880 56' 29" WEST, ALONG THE NORTH LINE OF SECTION 19,
A DISTANCE OF 60.0 t FEET TO A POINT ON THE WEST RIGHT OF WAY LINE
OF CONGRESS A VENUE AS RECORDED IN OFFICIAL RECORDS BOOK 3560, PAGE
1115 THRU 1120, PALM BEACH COUNTY, FLORIDA; THENCE WITH A BEARI:'-JG OF
SOUTH 00 12' 52" EAST, ALONG THE ABOVE MENTIONED WEST RIGHT OF WAY
LINE OF CONGRESS A VENUE A DISTANCE OF 285.12 FEET MORE OR LESS TO THE
I POINT OF BEGINNING; THENCE CONTINUE ALONG THE AFOREMENTIONED RIGHT
OF WAY LINE A DISTANCE OF 958.27 FEET TO A POINT ON THE NORTHERLY RIGHT
OF WAY LINE OF THE L-16 (BOYNTON CANAL); THENCE WITH A BEARING OF
SOUTH 880 57' 17" WEST, A DISTANCE OF 843.01 FEET TO A POINT; THENCE WITH ..
A BEARING OF NORTH 010 44' 21" EAST, A DISTANCE OF 165.47 FEET TO -A POINT;
THENCE WITH A BEARING OF NORTH 440 47' 08" EAST, A DISTANCE OF 45.00
FEET TO A POINT; THENCE WITH A BEARING OF NORTH 610 18' 35" EAST, A
DISTANCE OF 92.01 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 010
44' 21" EAST, A DISTANCE OF 292.00 FEET TO A POINT; THENCE WITH A BEARING
OF SOUTH 880 15' 39" EAST, A DISTANCE OF 128.16 FEET TO A POINT; THENCE
WITH A BEARING OF NORTH 670 00' 00" EAST, A DISTANCE OF 134.18 FEET TO
A POINT; THENCE WITH A BEARING OF NORTH 030 44' 57" WEST, A DISTANCE OF
119.99 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 880 15' 39" WEST,
A DISTANCE OF 70.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH
010 44' 21" EAST, A DISTANCE OF 130.00 FEET TO A POINT; THENCE WITH A
BEARING OF NORTH 530 30' 00" WEST, A DISTANCE OF 49.16 FEET TO A POINT;
THENCE WITH A BEARING OF NORTH 010 44' 21" EAST, A DISTANCE OF 122.94
FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 870 17' 06" EAST, A
DISTANCE OF 183.26 FEET TO A POINT; THENCE WITH A BEARING OF SOCTH
860 52' 20" EAST, A DISTANCE OF 60.00 FEET TO A POINT; THENCE WITH A
BEARING OF SOUTH 430 32' 36" EAST, A DISTANCE OF 36.37 FEET TO A POINT;
THENCE WITH A BEARING OF NORTH 890 47' 08" EAST, A DISTANCE OF 278.10
FEET TO A POINT; THENCE WITH A BEARING OF NORTH 440 47' 08" EAST, A
DISTANCE OF 35.36 FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 14.41 ACRES MORE OR LESS AND SUBJECT TO EASEMENTS AND
RIGHTS OF WAY OF RECORD.
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A PARCEL OF LAND LYING IN THE NORTH HALF OF THE NORTHEAST QUARTER
OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AND IN THE SOUTH HALF
OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CO\iMENCING AT THE NORTHEAST CORNER OF SECTION 1.9, THENCE WITH A
BE:\RING OF SOUTH 880 56' 29" WEST, ALONG THE NORTH LINE OF SECTION
19, A DISTANCE OF 60.07 FEET TO A POINT; SAID POINT BEING THE POINT OF
BEGINNING ON THE WEST RIGHT OF WAY LINE OF CONGRESS A VENUE AS
RECORDED IN OFFICIAL RECORDS BOOK 3560, PAGE 1115 THRU 1120, PALM
BEACH COUNTY, FLORIDA; THENCE WITH A BEARING OF SOUTH 00 12' 52"
EAST, ALONG THE ABOVE MENTIONED WEST RIGHT OF WAY LINE OF CONGRESS
AVENUE A DISTANCE OF 285.12 FEET TO A POINT; THENCE WITH A .BEARING
OF SOUTH 440 47' 08" WEST, A DISTANCE OF 35.35 FEET TO A POINT; THENCE WITH'
A BEARING OF SOUTH 890 47' 08" WEST, A DISTANCE OF 278.10 FEET TO A .POINT;
THENCE WITH A BEARING OF NORTH 430 32' 36" WEST, A DISTANCE OF 36.37
FEET TO A POINT; THENCE WITH A BEARING OF NORTH 860 52' 20" WEST, A DIS-
T ANCE OF 60.00 FEET TO A POINT; THENCE WITH A BEARING OF NORTH 870
17' 06" WEST, A DISTANCE OF 183.26 FEET TO A POINT; THENCE WITH A BEARING
OF NORTH 010 44' 21" EAST, A DISTANCE OF 831.30 FEET TO A POINT; THENCE v
WITH A BEARING OF SOUTH 880 15' 39" EAST, A DISTANCE OF 254.01 FEET TO A
POINT; THENCE WITH A BEARING OF NORTH 080 54' 22" EAST, A DISTANCE OF
65.20 FEET TO A POINT IN A CURVE BEING CONCAVE TO THE NORTH, A RADIUS
OF 600.00 FEET, A CHORD BEARING OF SOUTH 840 40' 39" EAST, A CENTRAL
A~GLE OF 70 la' 02" A DISTANCE OF 75.05 FEET TO A POINT; THENCE WITH A
BEARING OF SOUTH 880 15' 39" EAST, A DISTANCE OF 199.34 FEET TO A POINT;
THENCE WITH A BEARING OF NORTH 460 44' 21" EAST, A DISTANCE OF 35.35
FEET TO A POINT; THENCE WITH A BEARING OF SOUTH 010 44' 21" EAST, A
DIST ANCE OF 626.20 FEET TO THE POINT OF BEGINNING.
CONTAINING 11.36 ACRES MORE OR LESS AND SUBJECT TO EASEMENTS AND
RIGHTS OF WAY OF RECORD.
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RECOOD VEfUFfEO
PALM 8f.ACH COUNTY FlA
t0HN B. DUNKLE
CLERK CIRCUIT COURT
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GROUND LEASE
'DIble ot Content.
1. PremJses ... , . . . , . . . . , . , . . . . , . . . . . . . , . . . . , . . . . . . '. . . . . . . . . . , . . . . . . . . . . . . . , . . , . . , .
.
:Z. Lease Thrm ..,.,..........,..,.,........,........,........................,..... 1
3. Rent .... f . . . . , t . . . . . , . I . . I . . . . . . t , I .. . . I , . I . I . . I . t . , . . I . . . . . . . t . I . . . . I . . . . I . . .. 1
... ,Landlord's Warranties and Covenants .........,.............................,......" 2
A. Zoning...,........., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . , . . .. 2
B. UtJUties.................................................................... ~
C. Demolition,......,....................................,.............,...... 2
O. Possession.......,.................,........................,..,.,.,..".... 2
E. 'DIxes...'."..'.'.".".,.."...".'.'..'....'....'..'.".'..'."'..,..,.,'. 2
P. Covenant of Title and Quiet Enjoyment ...,.,."....;....,..............,..,..... 2
G. Covenant Not to Compete ,..,......,...................,..,....,...........,.. "3
H. Thnant's Remedies. . . . . . , . . . . . . , . . . . . . . . " . . . . , . . . . . . . , . . . . , . . . . . . , . . . . . , . . . , .. 3
5. 'ICnant's Covenants . , . . . . . . . . . . . , . . . . . . . . , . . . . . . . . , . . . . . , . . . . . . , . . . . . . . . . . . . . . . . .. 3
A. Rent..' ~.. . . . . . . . . , . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . , . . . . . .. 3
B. ,Uens and Encumbrances ...................................................... 3
C. Insu~~e and Indemnity ....... . . . . . . . . , . . , . . . . . . . . . , . . . . , . . . . . . . . . . . . . . . . . , .. 4
O. Repairs .....,......,..,..........,....,.,............".,................ r " 4
E. UtiUties......... ~ . . . . . . . . . . , . . . . . . . . . . , , . . . . . . . . . . . . . . . , . . . , . . . . , . , . . . . . : '., 4
P. Compliance wi~h Law. . . . . , . . , . . . . . . . . , . . . . . . . . . , . , .. . . . , . . . . . . . . . . . . . . . . . . . .. 4
61 Right to Terminate ...................,........................,...........,."... 4
A. Permits......,......,....,.,......,..........,..................,....".", 4
B. Evidence of Title ..........,................................,.,.........,.". 5
C. Survey..,.,.".....,..,.............".........,......,....,...,..,..."... 5
O. Soil Thsts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . . . . . . . . , . . . . . . , . . . . . . . . . , . . , , , .. 5
E. Payment......,.,..........,...........,........,.........,.,.,.....,.."" 5
F. Oanlage or Destruction .,..,......,..............,.....,...,.........,..".,.. 6
7. Use, Alterations and Title to Improvements ..,....,.......,.....,........,....,..".,. 6
8. Assignment and Subletting . . . . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . , . . , . , . , . . . . , . . , . , . . .. 6
9. Mortgaging of Leasehold Estate .............................,..,.,.., . . . . . . . . . . . . . ,. 6
10. Landl~rd's Right of Re-Entry ....,...,.,............,.........,...,................. 7
11. Holdlna Over .. . . . . . . . , . . . . . , . . . . . . . . . . . . . . , . . . . , . . , . . . . . . . , . . . . . . . . . . . , . . . . . , .. 7
1:Z. Conc1em:lation ...................................,..,.........,......,..,....... 7
13. Option to Extend. . . . . . . . , . . . . . . , . . . . . . , . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , . . , .. 8
14. 'It.t's Right of First Refusal to Lease .....................:................,........ 8
1 S. Option to Purchase and Right of First Refusal to Purchase. . . . . . . . . . . . . . . . . . . . . , . . . . . , . . .. 8
16. Trade Fixtures, Machinery and Equipment ....,.,..................,.................. 9
17. Recordlng ... . . . . . . . . . . . . . . . . , . . . . .. . . . .. . . . . . . .. , . . . . ... . . . . .. . . . . . . . . . . . . . . , .. 9
18. Subordlnation.,..............,..,...........,' '... . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . 10
19. Miacellaneous Provisions . . . . . . , . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . , . . . . . . . . 10
A. Invalidity............................................,....................,. 1 0
B. Successors, etc. . . . . . . . . . . . , . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . , . . . . , . , . . , . . . . 10
C. Writing .....................,..', ~ , ... . . . . , . . . . . . . . . . . , . . . . . . , . , . . , . , . . . . . . . . . 10
O. Construction,.,.........,......,...,.............,.....,................".. 1 0
E. Notice.,....,....,.,.............,.,....,..,.....,.........,....,..,..,.." 1 0
20. Rule Asafnst Perpetuities .......,.............,...........,.".............,....... 11
21. ContUct of Interests ."....,..,...,..,.,.........,.......,..,....,....,.,...."... 11
.
22~ AuthOrity to Sign .....,.......,..........,.,....,...,..............,.,..,....,... 11
23. Addenda and Exhibits .........:......,..:........".,.....,......"...,....".... 11 ,
GI.-365.2/86
1m,
,......-~-
..
. .
,,\ '.
GROUND LEASE
nllS LEASE is made and entered into this 19th day of February
19 88 ,byandbetween WALBOYN DEVELOPMENT CORP.*(or its assigns)
(the "Landlord"), of the City of
State of 1='1 O~ TnA
individual, the marital status is
MCDONALD'S RESTAURANTS OF FLORIDA. INC.
1='1 n~ TnA corporation (the "Tenant").
BOYNTON BEACH
,a I='ln~TnA
, County of PALM BEACH
corporation, or if an
, and
a
*a Miami Corporation
1. PREMISES. Landlord, for and in consideration of the covenants contained in this Lease and
made on the part of Tenant, does hereby demise and lease unto Tenant, and Tenant does hereby lease from
Landlord, the parcel of land which is located in BOYNTON BEACH , County
of PALM BEACH I State of FLORIDA , having a frontage of not
I INIT IAt than 127 feet on CONGRESS AVENUE , containing not less
&: DA It> . Zj:S ,
11. eee square feet (not inc1uding roads or public rights-of-way), being more particularly
! rlbed In ExtlJbit A, together with all of Landiord's easement rights and appurtenances thereto, all
ulldings and Improvements now located on the property, and all necessary easements and appurtenances
!4,f in Landlord's adjoining and adjacent 'land, highways, roads, streets, lanes, whether public or private,
0" ~ reasonably required for the installation, maintenance, operation and service of sewers. water, gas, drainage,
:'988ectrtcity and other utilities and for driveways and approaches to and from abutting highways, for the use
and benefit of the above described parcel of real estate, including the improvements to be erected on the
property (c911ectively referred to as "Demised Premises"). If 1enant has the Demised Premises surveyed,
then, at Tenant's option, the parties shall execute a recordable amendment by which a survey description
shall be inserted in lieu of the description contained in Exhibit A, but Tenant shall not be obligated to lease
less than is described above.
2. LEASE TERM. Tenant shall have and hold the Demised Premises for a term commencing on
the date of the last execution of this Lease and ending twenty (20) years from the date upon which the
McDonald's restaurant referred to in this Lease is opened for business to the public. When the term of this
Lease is ascertainable and specifically fixed, or otherwise agreed to by Landlord and Tenant, Landlord and
Tenant shall enter into a supplement, suitable for recording, which shall specify the actual date for the
expiration of the original term of this Lease and for the commencement of accrual of rent payable by Tenant.
I
3. RENT. Tenant's liability for rent shall commence to accrue on the date when Tenant opens for
business., or within twentyone days after issuance of a certificate of occupancy or
.~ithin 180 days after issuance of a building permit, which ever happens first.
'Itnant, in consideration of the covenants made by Landlord, covenants and agrees to pay to Landlord
as rent '(or the Demised Premises the sum of see attached
Dollars (' ) per
...
. .
4?
....=J.\I1^v'. ·
Landlord's Initials
Tenant's Initials
f "
GI,565-3J86
1'1" t .
; ,
!"'"
."""i.~". '-:;.' <,,,,"- '.
...
RENT ADDENDuM ,
RENT:
Le.... promiaes to pay to Lessor annual rent, in monthly installments, according to the following
1Chedule:
A. From the rent commencement date until the end of the month following the end of the fifth
lease year (ea defined below), the sum of ,65.000.00
monthly installments of $ 5. 41 6 67
for the then current month.
B. From the first day of the month next following the commencement of the sixth lease
per year payable in equJl
. on the 15th of every calendar month
year until the end of the month following the end of the efghth lease year, the sum of
. 72,800.00 - per year payable in equal monthly installments of
.
6.066.67
I on the 15th of every calendar month for the then current month.
C. From the first day of the month next following the commencement of the n; nth ,lease
year until the end of the month following the end of thee 1 eventh lease year, the sum of
.
.
81,536...QO
6,794.67
per year payable in equal monthly installments of
, on the 16th of every calendar month for the then current month.
D. From the first day of the month next following the commencement of thetwe1 vth: lease
year until the end fourteenth. 1e~SdhJUJ; of' 91'.320.00
per year payable in equal monthly installments of $ 7 . 61 0 . 00
CD the 16th of every calendar month for the then current month.
* For E & F see p'age attached. The first
The term "lease year", as used above. shall mean a period of 12 consecutive months.~~X~
t~>>ld~~~X!(<<"M*<<~<<C(erJ~**X~>>>>."k~~~~cA~~)lUJni~
~tt)d(.J(ll)()OXM~.Xoo.xX!(<<;t>>~M~MM.Mf<k<<<<>>I~}t>>~~~>>nJf~x:"m~~x
X*t(>>"d~~X~lD)c;>>.~XXl:$~>>k<<~~>>k~mQ"*~Jt~t{~~I"J{'
x<<_xaj>>>>J4I(~X)l)(~~X~X~~fI#.X:t(<<l'XQ~)f>lx<<~WX~~*~Jt~<<~>m>>Jfklx.xx
A1,/IH lease xear shall begin on the date of rent commencement.
1'1 0 4 19, OPTION RENTS:
'8jj Le.... exercises the options to extend provided for in this Lease, Lessee promises to pay to Lessor
annual reut, in monthly installments, according to the following schedule:
A. During the first j 'year option the sum of' 128.855
per year payable in equal monthly installments of $ 1 n, 7?,.7 QI;
I;
B. During the second 3 ' year option the sum of $
144.944
per,year payable in equal monthly installments of $ 1? ~ n7R 67
,C. During the third 3 year option the 'Bum of $ .163 r 04~
per year payable in equal monthly installments of $ 1 ~ r !;Af\ Q?
. D. During the fourth 3 ' year option the sum of $183.401
per year payable in equal monthly inst~ents of , 11;. 2R3 42
. .
E. During the fifth 3 year option the sum of . ?nf\ r ?,.n1
per year payable in equal monthly in~~ents of , 17,191.75
F. During the sixth 3 year option the sum of $ 232.061
. .
per year payable in equal monthly installments of $ 1 Q r ?,.?,.R 4?
G. . During the seventh 3 year og~i~n the sum of 261,037
per year paY!1ble in equal rnOMfffy~nstallmaents of 21,753.08'
II~ ..
M.D 11817
, .
. .
""^-'
\ INITIAL
. &: DATI
I
/Vi~rl 0 4 1988
Rent (continuedi:
E. From the first day of the month next following the commencement of
the 15th lease year until ~he end of the 17th lease yeart the sum of $102t278
per year payable in equal monthly installments of $8t523.17 on the 15th
of every calendar month for the then current month.
F. From the first day of the month next following the commencement of
the 18th lease year until the end of the~ 1ease~, the sum of $114,552
per year payable in equal monthly installments of $9,546 on the 15th of
every calendar month for the then current month.
* the end of the month following
H~ ..-/
4. LANDLORD'S WARRANTIES AND COVENANTS: Landlord covenants, represents and war-
rants as follows:
assist lessee to obtain
A. Zoning: That Landlord shall, if necessary, use its best efforts to ^ ,he approval of all public
, and governmental authorities as to all matters relating to zoning. subdivision, lot splits, dri ve thru perm; t
or similar requirements for use of the Demised Premises as a McDonald's restaurant in accordance with
'ICnant's plans and specifications as will permit Tenant to obtain aH necessary permits, licenses and
approvals referred to in Article 6A below; and that Landlord shall pay and bear all costs for any off-site
improvements and dedicate any easements required by any public authority as ~condition to the granting of
any approval or permit. reasonab 1 e
B. Utilities: That all water and gas main~ electric power lines, sanitary and storm sewers are
located in a public right-of-way and within 3 feet of the property line of the Demised
Premises and are available and adequate for Tenant's intended use. If any of the utilities are not located
within 30 feet of the property line or are not available and adequate, Landlord agrees to extend
utilities meeting"Tenant's specifications to the Demised Premises within thirty (30) days from the date that
Thnant notifies Landlord that all necessary permits and approvals have been obtained and Tenant delivers its
plans and specifications for the utilities tQ landlord .. .
C. Demolition: That Landlord shall demolish and remove all eX1st1ng s1gns
encroachments, if any, located on the Demised Premises within thirty (30) days
~X~"W~x1(~~"~"H~~~~)(9{~~<<~)(9(q)(~~1(<<lfll(t,(~X>>X~Nt4H1Q
- I. RMM~MMM~~;(>>K~~mM(~)$J8Cl$~K~~~~~~~)(~~i(~X
JAR 0 4 19~*9{~~~~M)(N~"'(~~:~C~>>~X)CtOC~~:'W')oJC<<~~>>~~K~X~Ct~:')$))le~<<{t)(Of~~$(~~~
W1(n~X~~~>>~~~l(<<n~)(;~':X~XXlX<<~OOX~UOOUtl(1(~>>)(,~ltM)6~~,)Q,(~):lXljOUtl1
~<<;(IOMX)(~~~KIOHX )i$)4~>>X ~)(~$( lXlXrX na:<< X1XDtXot>>X nK~O(<<~o(tI(~J(~~}(l% :ootY,;jU(*t(dW~
~m~RRro~~~~x~~~m<~~~m~X1x1~XKg~~>>~X<Xt){9{9(~M,
&
and
from*
D. Possession: That the Demised Premises are free and clear of all tenancies, whether oral or
written, and that Tenant shaH have sole and actual possession from the date of last execution of this Lease.
~.~~)f~~~)'Jlel(<<::e>>:..1Xc1jX~~i(:O~~YaOO(JUt14re<~:e)(t4~~~>>>>>>
~~m~~~~ff~~~~tJr~~~:'~XXJX1PX~m~~9(9t~Ix~~>>
U~~"~K~~){Q~~Ix~X>>XXJXlXl;(J(~>>xmw~XW;()OO(t,(tm(<<<<~~~<<to<~~~~~t~~
~ ~K;(Ml(~f< M}f~ t)l:~<<<<~ ~XQC~)(iX>XlX~X~ X"M)$~XM~>>X~<<~Q)()n4)(X~ :<<Te>>X~c{::ex )tJ(XJt1(i($( X
X,",M)$>>~~~~KkK~)(9{9(~k~~>>~~~<<~~~~m~~<<mcX~>>xogex~~
See Tax Addendum
\ · F. Covenant of Title and Quiet Enjoyment: That Landlord is well seized of and has good title
the Demised Premises and all improvements located on it on the date of this Lease. free and clear of all
, ,? liens, encumbrances, easements, tenancies and restrictions. Landlord warrants and will defend the title
n 4 7g~ere[O. and will indemnify Tenant against any damage and expense which Tenant may suffer 'by reason of
any defect in the title or description of the Demised PremisesXk1<l(<<~k1~~~~lOftQllXX"'X
~tcOUtcX~XO(~:a~~<<<X.~>>le~~)tU\Ulti(:t>Xi6~X$t1(_x>xx.X<<~~:JC:t)(t4~i(OOOf)tKi(
~t'<~J<mJf'Am~~'~i~~~x~Ix~l.e<m~~mff~,,~~jf)e()("~\(ACJfm)(~m~
>6i)t"'i(<<*1(X~)(O(~t(j(~"~j(~>>~~~Kk: Landlord shall provide Thnant with any and ail non-
disturbance agreements, in form acceptable"tO Tenant, from any underlying lessor or holder of an encum-
brance.
~l~l~~ *the date Tenant notifies Landlord that all necessary permits and approvals
~ ,have been obtained.
MAl( .Ilia.. lWf...-
v~"'c5pmd1ord's Initials
2
Tenm1t.~
GL.36S.2186
15153
"
" Landlord covenants-and-agrees (i) that the property
G.Covenant Not To Compete: known as the Catali ha Centre as sbown on
Exhibit B now or hereafter owned, leased or controlled, directly or indirectly, by
Landlord or, ifL~dlord is a corporation, any subsidiary ofLandlord, sha 11 not be 1 eased, used or.
occupi ed as a 1 XXXXXXXXXXR~m]{l~~JfJe{~Rkm~}{99:fX9m~Kxm~H9(~~\mO~~
~,~~~~txs~~~X~X~~~~~~~~~~~~~a;(~~~1?f.;(~~m~Jl~"~rx
~i6~lOYdt)f~~~~~i:~~~1616m~a Wendy's ,Haedee IS, BurgerK; ng, Kentucky: Fr; ed
eating facility; and (Ii) that, if during the term of this Lease, Landlord shall own or control any land other thanCh; eken
the Demised Premises, which land is adjacent or contiguous to the Demised Premises, or which constitutes
a parcel or parcels out of which the Demised Premises are comprised, that any building(s) or other
improvements constructed upon such other land shall be set back as requ; red feet from the public
rlghts-of-W2Y, provided however that the restriction set forth in this subparagraph (ii) shall not be applicable
(a) with regard to existing improvements on land owned or controlled by Landlord as of the date of
execution of this Lease, or (b) with regard to any improvements existing on land which subsequently comes
under Landlord's ownership or control on the date that Landlord acquires such ownership or control. It is
mutually agreed that the covenants set forth in (i) and (ii) above shall rurt with the land. Landlord agrees to
provide legal descriptions of all property involved and execute recordable documents, if required by
lCnant, to effectuate the foregoing. XC<~~If~M~otK~X)tKW~4W~t~J>~~HX}6l6li~~U)X~J:nx
~Xkm~X~~~~nM~MM!l(k<<~)(~<<:'"~~X~<<<X~Ol<<)(Ol)4~"~~~>>xt(~.c~XX
~Mm~M~mk~K~m~k9t~R~~~~)4jOO(~~Jf~X'9(~~Qt)(~~~~<<<<Q(~>>~M~X~!(XX
1W9f~fJUR~JlJ<X~~~~~~)f)f~)O(Rmu.~m}{9{~~~t~~M9{Ix~~X
1XKX<<~~~~~X~~"X~~~~~X~)l~J<lX1X~:MltlilM<<O<C);~~~Xk1<;X:X:)C"~KX<<~XX
rli~~wt)(8{d(i:~~~M~7:]f'ij~&X~~***l616l6~~~~~",****~K~~~~~:otXX
"~~wxX',(<<m}{cx.x See 3A.
H. Tenant's Remedies: Landlord acknowledges that Tenant is relying upon the above covenants,
AR f).A representations and warranties in executing this Lease and that matters so represented and warranted are
'~ 198jla~riaJ ones. Landlord accordingly agrees that if Landlord does not cure or diligently commence to cure a
default within ten (10) days after written notice from Tenant, any breach of W2rranty or misrepresentation
shall be grounds for Tenant to elect, at its option, to terminate this Lease or cure Landlord's default(sl@:<X
~~J(tt~~~JQ(HXXM~~K~~X~X~~K~~XK~~n"~Hm~~mxxK{l:X~XX
){~){mH~5hf~*,~~~KlX~~~K*~*)OOel~~~~~~*mm~~~~~R~~~~X~CX
XK~~g~~XXX"~~km~*k~mnRm~XXW>>XM~iXl~~~iX{l:tDt:Q(
5. TENANT'S COVENANTS: Tenant covenants and agrees, during the term of this Lease and for
such further time as Tenant, or any person claiming under it, shall hold the Demised Premises or any part
thereof:
A. Rent: To pay the reserved rent on the days and in the manner as provided in this Lease.
B. Liens and Encumbrances: Not to allow the estate of Landlord in the Demised Premises at any
time during the term to become subject to any lien, charge or encumbrance whatsoever, and to indemnify
and keep indemnified Landlord against all such liens, charges and encumbrances. It is expressly agreed th:.t
Thnant shall have ~o authority, expressed OF _implied, to create any lien, charge or encumbrance upon the
estate of Landlord in the Demised Premises, 'except as provided for in this Lease. Tenant reserves the right to
bond over any such lien, charge or encumbrance.
11.111....-
Landlord's Initials
3
jj
Tenant's Initials
GL.365.2186
15155
G. (continued)
If one or both of these covenants be broken, one-half (1/2) of all
payments required to be made by Tenant under this Lease shall be abated for
so lon~ as such breach continues. The total sums thus abated shall be
liquidated damages for such breach, and not a penalty, the parties agreeing
that Tenant inevitably must sustain proximate and substanial damages from
such breach, but that it will be very difficult, if not impossible,
to ascertain the amount of such damage. In addition to this remedy, Tenant
shall be entitled to injunctive and other appropriate relief, whether
under the provisions of this Lease or otherwise.
MAR 0 4 1988
3A
C. Insurance and Indemnity: At its own expense to insure and keep insured, from the date of
actual possession, the building and improvements con'structed by Tenant on the Demised Premises against
loss or damage bY fire and other casualties normally covered by standard fire and extended coverage
policies for not less than one h~QPlelft~{ 1 OO%0f their actual cash value in responsible insurance companies
lJcensed in the state in which the Demised Premises are located. Subject to the terms of this Lease, such
insurance is to be made payable in case of loss to Tenant.
'Ienant shall also maintain and keep in force for the mutual benefit of Landlord and Tenant general
public liability insurance against claims for personal injury, death or property damage occurring in, on or
about the Demised Premises (other than easements and common areas under the control of Landlord) to
afford protection to the limit of not less than '1.000,000.00 with respect to bodily injury or death and to
property damage. Tenant shall deliver to Landlord, ~x~,a certificate of insurance and of any
renewals. Further said'insurance is'to provide that landlord is to be notified at
least 30 days prior to any cancellation by insurer.
'Ienant further agrees to indemnify, defend and save Landlord harmless from any liability, loss, cost,
expense or claim 'Of any nature resulting from any damage to person or property arising out of the failure of
'Ienant, or Tenant's agents, employees, servants, licensees or contractors, in any respect, to keep the
Demised Premises (other than easements and common areas under the control of Landlord) in a safe
condition or to comply with and perform all of the requirements and provisions of this Lease. Landlo.r.d shall
give Tenant prompt notice of any obligations arising under this Lease and Tenant shall have the right to
defend. settle or otherwise compromise any such claim.
D. Repairs: To keep the Demised Premises in a safe and good condition and repair, subject to
ordinary wear and tear and to Landlord's obligations herein, if any.
E. Utilities: To pay when due all charges for all utility services used on the Demised Premises.
F. Compliance with LaWI To comply with all governmental laws, rules and regulations applica-
ble to the use. development or operation of the Demised Premises.
6. RIGHT TO TERMINATE:
A. Permits: Tenant has entered into this Lease in the expectation of obtaining, after expiration of
all applicable appeal periods, all permits, licenses, permissions and/or other authorizations (collectively
called "permits") necessary for th1,~99sdl~ction upon the Demised Premises of a complete McDonald's
restaUrant facility, including Tenant'~igns an~ a special service window. built according to Tenant's plans
and specifications ,as approved by Landlord as provided in the Addendum for Building
and Construction* and for the operation of the facility upon the
Demised Premises, seven (7) days a week. Tenant agrees to apply for permits without unreasonable delay
after last execution of this Lease and Landlord agrees to execute'such documents, make such appearances
4ft 01 and do such other things as Tenant may reasonably request. Tenant or Landlord may (but shall not be
198,bUgated to) cancei this Lease if, after first application, permits are denied or are not obtained within .one
hundred eighty( l8Q days. If Landlord eJ~cts.tO cancel this Lease as provided in this Article 6A, Tenant
shall have ten (10) days after receiving Landlord's written notice of cancellation to waive, in writing, the
permit contingency. If Tenant does not waive the permit contingency. this Lease will terminate and be of no
funher force and effect, ten (10) days after Tenant's receipt of the notice. I n the event permi ts are not
obtained with one hundred eighty (180) days, tenant shall have the right to extend
for an additional sixty (60) days to obtain said permits providing that tenant has
used .due diligence and is not in default under the lease.**IA tAt C'/CAt TCAaAt '.:aivcs
or txteAds, thcir rCflt shall t~cA'commcAce aAG be d~e aRd payable as of t~e date of
the date TeAaAt waifes or exteAds of which~r thc~c ~ay e~
Landlord's Initials 4 Tenant's Initials
*
ill ~~ *1nclud1ng w1thout limitation septic tanks and or sewer disposal
-'iNITIAL L.365-Z/86 '1"" . . .
~ DA 5153 system in connection with the facility deemed necessary or
11l desirable by Tenant.
. **In the event Tenant extends this date, Tenant shall pay Landlord the sum.of
,'"'' , _ . ~___ $5,416.67 per month for 2 months as consideration for the 60 day extens1on.
~ITIAL
~ DA.TE
",
overing the date of recording of the Memorandum of Lease as provided in Article 17,
hawing title to the Demised Premises and appurtenant easements in Landlord.
C, Surveys 'ICnant may order a current certified tOpographical survey by a licensed surveyor
j.' .J within thirty (30) days from the last execution of this Lease.
; '" 0 4 1988 ",
B. Evidence of Title: Concurrent with execution of this, Landlord has
provided Tenant with a copy of its title insurance policy, Tenant is free to
immediately obtain its own title insurance pOalij:y-rltfomt. as~b.t)..e~~_~r1~~~Ch
company of its choice and at its own expense! Ul~h"111 flltee'b'~IJJ,..tllly'S
the execution of this lease.* Tenant shall advise Landlord of any defects
disclosed by Tenant's title report that would affect Tenant's use and
enjo~~~~oJ_~pe~p~emisf~' Landlord shall have thirty (30) days therefrom
to, ~~1.~re ~<alittt ltefects*l,r t~rlBiftate thia lease with9\:lt-
U the survey discloses unsuitable or interfering easements, party wall agreements or encroachments,'
or that the location, area, dimensions and shape of the Demised Premises are not as represented by
Landlord, then 'ICnant shall have the right to terminate this Lease and declare it null and void and of no
further force and effect within forty five (45) days from the date of the execution
of this lease. Otherwise. this right is waiged
, (30)
D. SoU 'Ie.ts. This Lease Is further contingent upon 'ICnant obtaining, within thirty days from
e date ol'laat execution of this Lease, such boring and percolation tests as may be required to determine
the physical characteristics, Including the water table of sub.strata, of the Demised Premises. If the reports
. ( (' 4 1988 lndJcare, In 'ICnant's sole Judgment, that the soil Is contaminated or that the Demised Premises are
unaatJafactory for 'ICnant's Intended use, 'ICnant may, at its option, declare this Lease to be null and void and
01 no further force and effect within forty five (45) days from the date of execution'
of the lease. Oth6rvise, this pre.iaiea is waived.
~~~~~~y~y~~~~y~yyyyyyyyyyyyyyyyyyyyyyyyyyx
XXXXXXXXXyyyyyyyyy~
(JxiXXYYYYXYYXXXXXXXXXXxxxYY~mllVM'Rtlf1iYY~M!MY"'1I11}Mt1fJf'1Y1'#1lntIHIrIHaYMl!I~
',;
** If such defects in title are not .so cured within thirty (30) days, Tenant may,
as its option, terminate this Lease.
-
\I'V1 ,-
Landlord', InitialJ
II
.J
I.i;-,
5
'ICnant's Initials
0"''''''*
'''51
F. Damage or Destruction: If the building on the Demised Premises shall be
damaged by fire or other casualty during the last five (5) years of the
original t~rm of this Lease or during any extension of the term, to the extent
of 50~ or more of the actual cash value of the building, Tenant may, at
Tenant1s option, to be evidenced by notice in writing given to Landlord within
thirty (30) days after the occurrence of such damage or destruction, elect to
terminate this Lease as of the date of the damage or destruction, whereupon
Tenant shall, upon Landlord's written request, demolish and remove the damaged
or unusable improvements and fill, grade, pave or landscape the demised
premises in a safe and sightly manner and pay Landlord, in lump sum the
present value of remaining years left on the lease.
7. USE, ALTERATIONS AND TITLE TO IMPROVEMENTS: Tenant shall have the right
to use the premises for the operation of a Fast Food Restaurant or similar
restaurant so long as the leases between Marshalls. and Service Merchandise
and Landlord are in effect. Tenant shall thereafter have the right to use the
premises for a restaurant or any other lawful use that does not conflict with
a existing covenant between the Landlord and another Tenant in the Catalina
Centre. Tenant shall have the right to make alterations, additions and
improvements as are approved in writing by Landlord to the exterior of the
building. All of such alterations, additions and improvements constructed by
Tenant or such subtenant during the term of this Lease or any extension shall
be and remain the property of Tenant or any Subtenant, as the case may be at
all times during the term of this Lease and, any extensions or renewals.
Tenant and any subtenant shall have the right to remove any such alterations,
additions and improvements at any time during the term of this Lease or any
extension or renewal, and for a period of thirty (30) days after the
termination of this Lease, or any extension or renewal, by lapse of time or
otherwise and, for such purpose, to enter upon the Demised Premises. However,
Tenant shall not be required to remove any such alterations, additions or
improvements, and Tenant1s failure to do so after the expiration of such
period of thirty (30) days shall be deemed to be an abandonment and the same
shall, at such time, be and become a part of the real estate with title
vesting in the owner of the land. In case of removal of any building by
Tenant or any subtenant occurring at or after the termination of this Lease,
Tenant shall level the area formerly occupied by any building so removed.
8. ASSIGNMENT AND SUBLETTING: Lessee may, without the consent of Lessor,
sublease or assign this Lease to a wholly owned sUbsidiary or franchisee of
McDonald's Corporation. Lessee may not assign or sublease this lease to any
other party without the written consent of Lessor, which concent shall not be
unreasonably withheld. Lessee and all guarantors shall remain liable for the
payment of all rent and the performance of all terms, covenants and conditions
agreed to by Lessee regardless of assignment or sublet.
Any demand for increased rental or modification of the terms of the Lease by
Lessor as a condition to the granting of consent to an assignment or sublease
shall be deemed unreasonable.
C"_ ~'r \
!
Landlord1s Initials
Tenant's Initials
7483J
6
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trXIX~~~)Ct(~K~~)(X~~)(X~)tKlet~~dOOti(<<<<~~K~UWXXXX
10. LANDLORD'S RIGHT OF RE-ENTRY: If Tenant shall fail to pay any installments of rent
promptly on the day when they shall become due and payable, and shall continue in default for a period of
-T:11 i .I.. - '\ twenty (2llJrs after written notice by Landlord, or if Tenant shall fail to promptly keep and perform any
'ID"'.' D~~E other aflIrmatlve covenanlS of thr~~7;(.lriClIY In accord:mce with lhe lerms of this Lease ..,d shall
\ ., t ut 30)
'i ~~ continue in default for a period of days after written notice by Landlord of default and demand for
" performance, then, as often as any such event shall occur, Landlord may (a) declare the term ended, and
'enter into the Demised Premises and expel Tenant or any person occupying the same in or upon the
AR 04 1988 Demised Premises and repossess and enjoy the Demised Premises as in Landlord's former estate; and/or (b)
re-Iet the Demised Premises, applying the rent from the new tenant on this Lease, and Tenant shall be
responsible for no more than the balance that may be due, should a balance exisr. XK1<Cij(~t(~<<~KJ$
L.~XCX~Mm~~~~~~~t()l~~):ot~~~~t(~KX~<<~~)eKt<((~>>>>)e,,~t(~~
OKlOOC~XlXMM<<~M~>>K~~K~>>~~tX)(l'KXi>>xoo(x~k~~m_~)(MotnM~~Xi>>XXX~O(lXi;(>XI><<
tI1tWX;(~;(JOOt~Xlm(Jh(XM<<J~MIX1f..~<<<<>>JQX1K<<X~~K~JQ:t{~~:@K':~IX<<K~~~~~~~
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11. HOLDING OVER: If Tenant continues to occupy the Demised Premises after the last day of the
term, or after the last day of any extension of the term, and Landlord elects to accept rent thereafter, a
tenancy from month to month only shall be created, and not for any longer period.at a rental of
twice the monthly rent for the previous expired term.
12. CONDEMNATION: If the whole or any part of the Demised Premises is taken or condemned
by :my competent authority for any public use or purpose during the term or any extension of this Lease,
lenant reserves unto itself the right to claim and prosecute its claim in all appropriate courts and agencies for
an award or damages for such taking based upon its leasehold interest i&i~ml~~~1ali~ings,
alterations and improvements
IN'CnS*)J>><:Mx1d('''Ug~~'J)$)(X~ without impairing any rights of Landlord for the taking of or injury to the
~enion. Tenant shall have no claim against Landlord and shall not have any
-, 1198flaim or right to any portion of the amount that may be awarded or paid to
arw 1 ~~ .of the Demised Premises shall be taken or condemned which, in the sole judgment of Tenant,
is sutticient to render the remaining portion ~nsuitable for its continued use or occupancy, then Tenant may,
at any tUne, either prior to or within a period, of sixty (60) days after the date when possession of the
Demised Premises shall be required by the condemning authority, elect to terminate this Lease,
*Anything contained in this Lease to the contrary notwithstanding, if any default
shall occur other than in the payment of money, which cannot with due diligence be
cured within a period of thirty (30) ddays, and Tenant, prior to the expiration of
thirty (30) days from and after the giving of the rtotice, commences to eliminate
the c~use-of such default, then landlord shall not have the right to declare the
I ~,- term ended by reason of such default.
Landlord's Initials 7
, ~~al86
1'1"
.;.1. TIAL
?c DATE
~
~, '
J'.,~ (~
~NITIAL
& DATE
Tenant's Initials
.-
..
option to purchase the Demised Premises is conferred upon Tenant by any other provision of this Lease,
may as an alternative to such termination of this Lease, elect to purchase the Demised Premises in
accordance with such purchase option, except that there shall be deducted from the purchase price to be
paid (or the Demised Premises all of Landlord's award from the condemnation proceeding. In the event that
'Itnant shall f.til to exercise any such option to terminate this Lease or to purchase the Demised Premises,
then and in either such event, this Lease shall continue in effect with respect to the portion of the Demised
Premises nouo taken, except that the annual rent payabie shall berevi ewed for possi b 1 e adjustment
(not necessarily on a prorata basis) provided that the tenant demonstrates to the
Landlord that the condemnati on has reduced the quanti ty and useful ness of t.he property
and has resulted in a reduction in the Tenant's income for the remainder of the term. '
Tet').~nt wi 11, with all due di 1 i gence and(:at its own cost - and expense, repair and
restore the Demised Premises.
13. OPTION TO EXTEND: Landlord grants to Tenant the right, privilege and option to extend
this Lease (or SEYe:~ 7 ) successive periods o(
THREE " 3 ) years each, upon the same terms and condi-
tions'Cont2ined in this Le~e, URon (loti$:e in writing to Landlord of Tenant's intention to exercise each such
one nunared elqhty
option, given at least 1 80 I days prior to the expiration of the term or preceding extension of the term.
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Landlord's Initials
8
Tenant's Initials
GI.-365-2186
15155
acme laMe "iee and 8A the SlURe terms 16 I"Y o~eh elter,
JplV'R1JLWo .
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A" -\' , 16. TRADE FIXTURES, MACHINERY AND EQUIPMENTs Landlord agrees that all trade fix-
DUTI L '
?cD"'TE j tures, machinery, equipment, furniture or other personal property of whatever kind and nature kept or
I II installed In the Demised PremIses by Tenant* aas may Be l'emavea 9Y the Teaaat sl:Iriag
the tera af the lease p1'8visea Teaaat is not in aefal:llt and the property ean
: 1
~IAR 04 1988 Upon request of Tenant or Tenant's assignees or any subtenant, Landlord shall
execute and deliver any real estate consent or waiver forms submitted by any vendors, lessors, chattel
mongagees or holders or owners of any trade fixtures, machInery, equipment, furniture or other personal
property of any kind and description kept or installed In the Demised Premises by any subtenant setting
forth the bet that Landlord waives, in favor of such vendors, lessors, chattel mortgagees or any holders or
owl\,t:ll', any lien, claim, interest or other right superior to that of such vendors, lessors, chattel mortgagees,
owners or holders~\ftd may Be remO"."e81 BY Teaaat M'---1!caaat' C .,..eR8ers J les3&l"s J
msr~iaiaa8. at~" dvriR8 the term gf the laaee prsv!dad Ten~~
dcfaultaas ~he pl'apel'ty eaa Be l'emaved w!ta81:1t damaging taa premises or
an, buildias thereon.
INITIAL
,& DATI
~
'I "
. , . -.
';1 'i~ i~ 4 1988
INITIAL--\
D A. TE
17. RECORDINGs 'Ienant and Lan~~rdagree to execute and record a short form or memorandum
of thJs Lease as soon as Tenant has obtained an approved survey and legal description of the Demised
*or Tenant's subtenants shall not become the property of Landlord or a part of the
~ealty no matter how affixed to the Demised Premises and may be removed by
Tenant or Tenant's subtenants, in their discretion, at any time and from time to
time during the entire term of this Lease and any renewals.
**
See Page 9A.
~..,
,.!~(8Land1ord's Initials
./}j J.
9
Tenant's Initials
GL-s&ZJ16
Ism .
16. (Continued)
Landlord shall further acknowledge that property covered by such consent
or waiver fora. il personal property and is not to become a part of the
realty no matter how affixed ~ it, and that such property may be removed
from the Demised Premises by the vendors, lessors, chattel mortgagees,
ownerl or holders at any time upon default by the subtenant in the terms
of such chattel mortgage or other similar documents, free and clear of
any clai~ or lien of Landlord. Tenant agrees to promptly repair any
damage done to the building by removal of these items.
9A
Premises including appurtenant easements, if any. The cost of all documentary
stamps or conveyancing, transfer tax and recording fees shall be paid equally
,by the parties.
18. SUBORDINATION: The parties agree that they will, upon written
demand by ~ach other execute such instruments as may be required at any
ttme and from time to time to subordinate their respective rights and
interests by virtue of this lease to the lien of a first mortgage, mortgages,
trust deed or deeds, now or hereafter at any time placed by the landlord on
the real estate and by the Tenant on the building. See Page IDA.
19. MISCELLANEOUS PROVISIONSz
. .
A. IDwllcUtyz If any term or provision of this Lease or the appUcation to any person or circum-
stance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the appUcation of
such term or provision to persons whose circumstances other than those as to which it Is held i~vaJid or
uneritorceable, shall not be affected thereby.
B. Successors, etc.z The terms, conditions and covenants of this Lease shall be binding upon
and shall inure to the benefit of each of the parties, their heirs, personal representatives, successors or
assigns, ~d shall run with the land; an~ where more than one party shall be lessors under this Lease, the
word "Landlord" whenever used In this Lease shall be deemed to include all lessors Jointly and sever211y.
c., Writlna. No waivers, alter2tlons or modifications of this Lease or any agreements In connec-
tion with this Lease shall be valid unless In writing duly executed by both Landlord and 'lenant.
D. ConstructlOD. The captions appearing in this Lease are inserted only as a matter of conven.
lence aad in no way define, limit, construe or describe the scope or intent of such par2graphs of this Lcase
Ol.in any way affect this Lease. Any gender used shall be deemed to refer to any other gender more
grammatically applicable to the party to whom such use of gender relates. The use of singular shall be
deemed to include the plural and, conversely, the plural shall be deemed to include the sipgular.
~\ B. Nodcez If, at any time after the execution of this Lease, it shall become necessary or conven-
ient for one .of the parties to serve any notice, demand or communication upon the other party, such notict.,
demand or communication shall be In writing, signed by the party serving the same, sent by registered or
certified United States mall, return receipt requested, postage prepaid and (a) if intended for Landlord, shall
be addressed to:
WALBOYN DEVELOPMENT CORP.
8132 GLADES ROAD
BOCA RATON, FLQRIDA_, 33434
ATTORNEY RICHARD CRITCHFIELD
8150 GLADES ROAD
BOCA RATON, FLORIDA 33434~
~ \1.\A"-
Landlord's Initials
10
41
.
'ICnant's Initials
I
OIrMJ aII6
III" '
18 (continued)
Landlord agrees to provide Tenant with any Non-Disturbance Agreements deemed
necessary by Tenant, covering any lenders or underlying fee owners. Such
Non-Disturbance Agreements will provide that so long as Tenant is not in
default under this Lease, Tenant shall not be disturbed in its peaceful
enjoymeot of the demised premises pursuant to the terms of this Lease.
Tenant agrees to subordinate its leasehold estate to future mortgages or
encumbrances only on the condition that the instruments creating such
mortgages or encumbrances contain an apt provision recognizing the
existence of this Lease and agreeing that this Lease shall not be terminated
or otherwise affected in the event of a foreclosure, sale or default under
such mortgages or encumbrances.
-.
01~~
lOA
"
and (b) if Intended for Tenant, shall be addressed to:
.
McDonald's Plaza
Oak Brook, nUnols 60521
Aun: Director. Real Estate Legal Department
or to .uch other address as either party may have furnished to the other in writing as a place for the service
of notice. Any notice so mailed shall be deemed to have been given as of the time it is deposited in the United
5cacca mall.
20. aULE AGAINST PERPETUITIES: If this Lease has not been previously terminated pursuant
to the terms and provisions contained herein and If the term of this Lease and/or the commencement d2te
lor rent hereunder shall not have been ascertained within five (5) years from the d2te appearing on Page lof
chJa Lease, then and In that event, this Lease shall thereupon become null and void and have no further force
and effect whatsoever In law or equity. '
..'
21. CONfLICT OF INTERESTS: Landlord and (If Landlord is not an indiVidual) the party(Ies)
~CUtJn8 this Lease for or on behalf of Landlord, or as a representative of Landlord, hereby represent that,
to th~ best of hlslher/ their knowledge, he/she/they, or any person connected directly or indlrecHy with
Landlord is/are not (art) agent(s), employee(s), servant(s), suppUer(s), licensee(s) or officer(s) of Tenant or any
subaJdlary, affiliate or parent corporation thereof, or related to any agent, employee, servant, supplier,
',Hc:enaee or officer of Tenant or any subsidiary, affiliate or parent corporation. The parties executing this
Lease"acknowledge that the foregoing representations are and shall be relied upon by Tenant as inducement
to enter into this Lease.
22. AUTHORITY TO SIGN: No employee or agent of Tenant or Tenant's broker, if any, has
authority to make a lease or any other war~nty, representation, agreement or undertaking. The submission
olthJs document for examination and negotiation does not constitute an offer to lease or a reservation of or
option lor the Demised Premises, and this document will become effective and binding only upon
execution and delivery by Landlord and an ~uthorlzed officer of Tenant. All negotiations, considerations,
representations and understandings between the parties are Incorporated In this document and may be
modlfted or altered only by agreement in writing between the parties, and no act or omission of any
employee or agent of the parties or any broker, If any, shall alter. change or modify any of the provisions of
thJI Lease.
II "23. ADDENDA AND EXHIBITS: This Lease includes the following Rider(s) and/or Exhibits,
which .hall take precedence over conflicting provisions (if any) of this Lease, and are made an integral part
01 chJa Lease and fully Incorporated by reference:
Exhibit A (Legal Description)
1l
A{
Tenant's Initials
-
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Landlord's Initials
cu,J6W116
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,.LANDLORD AND TENANT. by thc:=lr execution below, Indicate their consent to the terms of this
Lcue.
l.AN~ "ALBOYN
.. " M(1tA-:-
DEVELOPMENT CORP.
vY!
TENANT, M DONALD'S RES,URANTS OF FLORIDA,
By: ~"'i 0~
Vice President
INC.
(seal)
DATE OF
EXECUTION:
Z/iCf\96
.
DATE OF
EXECUTION:
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(seal)
(seal)
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Landlord's Federall.D. ,
'or Social Security I:
(ATTACH ACKNOWLEDGMENT CERTIFICATES BY A NOTARY PUBLIC)
II'
12
OL-"'5-V86
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.
EXHIBIT "A"
.
LEGAL DESCRIPTION
(INSTRUCTIONS: Use deed lepJ description, If available. and sketch. AU easements to be reserved or
panccd by Landlord must also be described. IlIot and block numbers are used. a subdivision map or sketch
mUll be attached.)
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The above dclcribcd propeny II all or pan of ehe property conveyed to Landlord by
deed. dated
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McDONALD'S
ACENOWLBDGMENT
ITATI 0"ILLJNOJ5
COOtn'Y 0' DuPAGE
S5:
I,
IDd I1IIe aIoraald, DO HEREBY CERTJFY that Seymour Greenman
VJce.Pralclent, and Michael J. Sise ,Assistant Secretary of
NcDoaaId', Corporation, a Delaware corporation, who are penonally known CO me to be the same persons whose
....... IUbacribed CO the foregoing wtrument aI such Vlce.Prealdent and AIs!atant Secretary, respectively, appeared
beIore me chiI day in person and acknowledged that they signed, scaled and deUvered the said instrument, ,as their free
IDcI ~ act aI such Vlce.Prealdent and Aas!atant Secretary, reapecdvely, and aI the (ree and voluntary act of said
corponcIon tor the uses and purpose. therein set (orth. ,
Deborah Connors
, a Notary PubHc In and (or the county
G h,'" 4th March 88
lvm under my and and notarial seal, ulis day CJL \ " '19
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Notary PubUc
My coP'mlulon e:x:pJres
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1/27/91
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ACKNOWLEDGMENT. INDIVIDUAL
C;:~iCI';l S::"cL ~
DEBORAH CONNORS I
NOT AAY PUBLIC 51 ATE. OF, It.LIt,\~IS
CO~~ !I::;SIO~~ rxp ].\N 27.L991
~ ._or
.-rAn 0'
COUNTY 0'
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, a Notary PubUc in and (or the county
IDcIICI&e aIol'Clald, DO HEREBY CERTIFY that
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who (!aXare) personally known to me to
be cbe IlIIDC pcnon(s) whose name(.) (!aXare) subscribed CO the toregoing wtrument appeared before me this day In
pcnoA IDd acknowledged chat ( heX they) sIgned, lCaled and deUvered the sald wtrument as (h Xtheir) (ree
lad ~UiiIiry'act for the uses andpurposcs therein set forth.
G1vcD under my hand and notartaJ seal, this
day of
, 19
Notary Public
Ny commlulon e:x:pJr!=s
11\
ACKNOWLEDGMENT. CORPORATE
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STATB 0'
COUNTY 0'
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lAd I1IIe atorCIald, DO HEREBY CERTIFY that
Praldcat. ~
, a Notary Public In and (or the county
, Secretary of '
, a(n). corporation,
wbo.... pcqonaIly known CO me CO be"the persons whOse names arc subscribed to'che'toregoJng instrument as such
Plaldeat ads~tal1! respectively, appeared before me thJs day in penon and acknOWledged chat they signed, sealed
lad ~Cbc laid instrument aI their tree and voluntary act alsuch PresIdent and Secretary, respectively, and as the
ffeo IDd Wilullllry ,act of said corporation for the USCl and putpOSCl thcrc1n see torth.
.."
GlvcD under my hand. and ~tariaJ scal, thJs
day ot
,19
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NOtary PubUc
laJ '"()M1II~eIoa cxpJra
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'. 'TAXADDENDUM
. 'THIS IS AN ADDENDUM TO A LEASE dated P"88r:'wir;' ~8 i~~a between
WALBOYN DEVELOP:MENT CORP: (Lessor) and M ON'S RESTAURANTS
f'\C' C'I QO T nl1, T ~.r (Lessee).
I.' Except.. provided in Parasraph 6 below, Le..ee .hall pay promptly and before they
becomt deUDquent all ,~,' ',' ,:", ~ :,' " ,,;',;. taxes imposed at any time during the term or any
iZW'tfOll of this Lease, upon or agaJnst the Dem1sed Prem1ses, including the land and all
buD~~r, 'funUture, fixtures, equipment and improvements now or later located on the
PI'ODII"tY. lawfully assessed either in the name of the Lessor, fee OWDer or Lessee. For purposes
OItb11'lU Addendum only, the term "Demised Premi'8I'~ .hall not be deemed to include any
......ent areu. Lessee's nhUsr:ation to pay taxes shall co~ence to accrue on thel"ient
eonaencement, 'date~, ; n' ,accordance:iwittl paragrtp.tl!;~'8f::pg.:"" 1:" of~,:l e'ase ~
.. ~ f." ~ to '.: . ~ . ';".: . . .
J. LeaI01' shall use ita best efforts to obtaJn from the taxing authorities a separate
U...lmeDt for the land and buDdings comprisinJ the Demised Premises. If such separate
UII.lIDat Ihall be obtaJned, the real estate taxu payable by Lessee shall be paid by Lessee
dJnctbr to the tuing authority. Lessor asreea to give Les.. prompt notice of a separate
li..lllllllt to allow. LelSee to avoid penaltiu. If LesI01' ehall be unable to obtain such
,,>>-vate u","Went, and the tax,bW covering the Dem1sed Prem1su shall include property in
1ddltI0II to the Demised Premises, Lessee ehall pay a fraction of 'the tax bW to Lessor
caJcuJated fD ~ following manner: (A) in the case of land, if there is no separate assessment
for the 1aDd comprising the Demised Premises, the numerator of the fraction shall be the land
area 01 the Demised Premises, and the denominator of the fraction shall be the total land area
, of the prpperty, covered by the tax bW; (B) in the case of buDdings, if there is no sepatate
.....lIDat for the buDding(s) on the Demised Premises, the numerator' of the fraction shall be
the area of the buDding(s) on the Demised Prem1ses, and the denominator of the fraction shall
be,the,total area of all bulldingslocated on the property covered by the tax bW. Lessee shall
pay ltIlhare within forty.five (46) days after LelSor notiBu Lessee of the amount thereof and
fundlhl.Leasee with a copy of the receipted tax bW and the calculations by which Lessee's
Ibare hu been determined. Lessor shall pay the tax bW when due. In no event shall Lessee be
Uab1e for Interest or penalties. In the event Lessee, for any reason except the fault of Lessee,
pay. . penalty, Lessee shall be entitled to deduct. the amount from subsequent rental pay-
mati.
8. A prorata adjustment shall be made with respect to the commencement and ending of
Le...'. tax Uability if the commencement or ending of Lusee'. liability does not coincide
wltb the tax year.
.. LeI.ee shall have the right, in its OWD name or in the nam~ of Lessor, to make and
proIICUtI'application(s) for abatement of taxes or appeals for correction of assessments, and
LuIor .... to cooperate fully with Lessee in this J'egard. Les.or agrees to sign all necessary
baatiwDentlln connection with such application or appeal and, in addition, hereby appoints
Lt....lta..at-In.fact for purposes of such signature, which shall be an agency coupled with
aD mterelt. Lessor shall not settle any such application or appeal without Lessee's prior
written approval in each instance.
" .
a" \ Notwithstanding anything contained in this Lease, Lessee shall not. be under obliga-
tioD t;d ~ay any part of any franchise, excise, estate, inheritance, income or similar tax which is
or mAt become payable by Lessor or which may be imposed against Lessor or against the
lIDtI pqable under the Lease or upon the income or profits of Lessor by reason of any law
DOW lD force or later enacted.
.
~~tials
III
Lessee's Initials
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T.WI86
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SHOPPING CENTER LEASE ADDENDUM
THIS ADDENDUM is attached to an forms a part of that certain Lease Dated
February 19. 1988 by and between WALBOYN DEVELOPMENT CORPORATION as LESSOR,
and McDONALD'S RESTAURANTS OF FLORIDA, INC. as LESSEE.
1. DESCRIPTION OF PROPERTY
A. Lessor hereby leases to Lessee a portion of the real property in
the City of BOYNTON BEACH. County of PALM BEACH. State of FLORIDA
described in Exhibit B. attached hereto, hereinafter referred to
as the "Shopping Center".
B. A portion of the above Shopping Center includes the site for
McDonald's Restaurant (hereinafter. with the following described
easements, referred to as the "demised premises") to be erected by
AS PER ATTACHED, having a width of
and running a depth of . located as
shown on the plan/survey of the Shopping Center
dated . attached hereto and made a part hereof
as Exhibit A. The exact legal description of the demised premises
based upon the certified survey provided in accordance with
Article 6C. shall be Incorporated herein by Amendment.
2. EASEMENTS
A. Lessor hereby grants to Lessee a nonexclusive easement to use all
of those portions of the Shopping Center designated as common
areas. parking areas and driveways on Exhibit B during the entire
term of this Lease and any extension thereof for the benefit of
the Lessee. its invitees. licensees. assigns. subtenants. and
patrons. in common with all other tenants of the Shopping Center.
Lessor agrees to maintain the parking area, common areas and
drives. and the parking areas. common areas and drives. located
within 100 feet of the McDonald's Restaurant site shall not be
changed without Lessee's consent. which consent shall not be
unreasonably withheld or delayed. as shown on Exhibit A. Lessee
may erect curbs and install landscaping in order to define the
demised premises and the Shopping Center as approved by Landlord
from time to time.
B. Lessor hereby grants to Lessee non-exclusive easements to use
portions of the Shopping Center as may reasonably be required now
or in the future by the Lessee for the installation, maintenance
and repair of sewer. water. gas. electric utilities and related
facilities and storm water drainage. If any of the aformentioned
utilities are supplied. install or otherwise controlled by the
Lessor. Lessor grants Lessee. its successors and assigns, the
right to use coupled with its easement said utilities and related
facilities; and Lessor covenants and agrees to maintain the
utility lines in good condition and repair for the Lessee.
C. Access to the Premises is as shown on Exhibit "B" and any changes
that are made by Landlord as may be required by the City or other
governmental agency or needed to be made for safety or for other
improvements shall not be such' as to interfere with or inhibit the
normal flow of traffic to the Premises. However. the parking
areas. common areas and drives located within 100 feet of the
McDonald's restaurant site shall not be changed without Lessee's
consent, which consent shali "U~ lJt; l.lIIreasonab1y withheld or
delayed. ,'_..
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D.
The title Insurance requirements contained in the lease shall
apply to the aformentioned easements, and Lessor and Lessee agree
to cooperate to obtain non-disturbance agreements, consents,
waivers and other agreements from lienholders, mortgages, tenants
and any other party with superior rights that might interfere with
the rights, duties and obligations contemplated by this addendum.
.
3 . lOT LIGHTS
Lessor agrees that the lot lights located within 100 feet of the
demised premises shall be lit during the morning and evening hours
while the Lessee1s business is open, as natural light availability
dictates. Lessee shall have the right to approve any changes or
alterations to the lot lights located within 100 feet of the demised
premises during the term of this lease.
4. MAINTENANCE OF PARKING AND COMMON AREAS
A. During the entire term of this Lease and any extension thereof,
Lessor shall maintain and repair the entire parking and common
areas shown on Exhibit 8. This obligat10n on the part of the
Lessor to maintain said parking and common areas in good condition
and repair shall, without limiting the generality thereof, include
the following:
(a) Maintaining the surfaces in a level, smooth and evenly
covered condition with the type of surfacing material originally
installed or of similar quality, use and durability;
(b) Removing all papers, debris, snow, ice, filth and refuse and
thoroughly sweeping the areas to the extent reasonably necessary to
keep said areas in a neat, clean and orderly condition;
(c) Placing, keeping in repair, and replacing any necessary
appropriate direction signs, markers and lines; and operating, keeping
in repair and replacing when necessary such artificial lighting
facilities as shall be reasonably required;
(d) Maintaining any perimeter walls in a good condition and state
of repair;
(e) Maintaining all landscaped areas, making such replacements of
shrubs and other landscaping as is necessary, and keeping said areas
at all times adequately weeded. fertilized and watered.
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MAR 0 4 19811
2
5. Should Landlord fail to make the election provided for in the preceding
subsection, Tenant shall indemnify Landlord for the loss of rent by a
payment at the end of each month during the Lease Term representing the
difference between the rent which would have been paid in accordance with
this Le~se and the rent actually derived from the Leased Premises by Landlord
for such month.
6. Any obligation imposed bylaw upon Landlord to relet the premises
shall be subject to the reasonable requirements of Landlord to operate
the Shopping Center in a harmonious manner as a first-class shopping center.
7. Nothing herein contained shall limit or prejudice the right of Landlord
to prove for and obtain in a proceeding for bankruptcy, insolvency, arrange-
ment, or reorganization, by reason of the termination, an amount equal
to the maximum allowed by any statute or rule of law in effect at the
time when, and governing any proceedings in which, the damages are to
be proved, whether or not the amount be greater, equal to, or less than
the amount of the loss or damage which Landlord has suffered.
8. It is lRl:JtlJJ l-ty-agf'eed- by and b
respective parties hereto shall and they hereby do waive trial
in any action, proceeding or counterclaim brought by eith
hereto against the other on any matters whatsoever . 1ng out of or in
any way connected with this Lease, the relati p of Landlord and Tenant,
Tenant1s use or occupancy of the Leased ises, and/or any claim of
injury or damage, and any emergenc atutory or any other statuatory
remedy. Should ,Landlord see course to equity to enforce any of its
rights under thi's Leas enant agrees to waive any defense which it might
otherwise have th andlord has an adequate remedy at law. Tenant further
agrees that' shall not interpose any counterclaim or setoff in a summary
proce . g or in any action based, in whole or in part, on non-payment
9. Landlord 11fnay, but sha 11 nO~cP.e t>Q.1..i,.gpt~ to, cure, at any time, without
notice, any default by Tenan~auna~r tn;stease; and whenever Landlord*
so elects, all costs and expenses incurred by Landlord*in curing a default,
including, without limitation, reasonable attorney's fees, together with
interest on the amount of costs and expenses so i~~urr~d ~ tae maximum
rate permitted by law, shall be paid by Tenantl~ tcalld'1''bVoO*'6f1 demand,
and shall be recoverable, as aaaitieFlal riRt, by Landlord/ and as a deduction
from rent due by Tenant.
10. No failure by Landlord to insist upon the strict performance of any
covenant, agreement, term or condition of this Lease or to exercise any
right or remedy consequent upon a breach thereof, and no acceptance of
full or partial rent during the continuance of any such breach, shall
constitute a waiver of any such breach or of such covenant, agreement,
term or condition. No consent or waiver, express or implied, by Landlord
to or of any breach of any covenant, condition or duty of Tenant shall
,be construed as a consent or waiver to or of any other breach of the same
or any other covenant, condition or duty, unless in writing signed by
Landlord.
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1iJ41(
01198;;>
DEFAULT ADDENDUM
THIS IS AN ADDENDUM TO A LEASE dated February 19. 1988 between WALGOYN
DEVELOPMENT CORPORATION (Lessor) and MCDONALD'S RESTAURANTS OF FLORIDA. INC.
(Lessee).
1. If LQOsee is adjudicated a bankrupt. or if Lessee makes a general
assignment for the benefit of creditors. or. if in any proceedings based upon
the insolvency of Lessee. a receiver of all the property of Lessee is
appointed and not discharged within ninety (90) days after appointment. then
Lessor may terminate this lease by giving notice to Lessee of its intention to
do so. However. neither bankruptcy. insolvency. an assignment for the benefit
or creditors nor the appointment of a receiver shall affect this lease or
permit its termination if Lessee (or someone claiming under Lessee) performs
all of its covenants in this lease.
2. This Lease is upon the condition that if Tenant shall neglect or fail to
perform or observe any of Tenant1s convenants and if such neglect or failure
shall continue after written notice. in the case of rent for more than twenty
(20) days. or in any other case for more than thirty (30) days; or if the
leasehold hereby created shall be taken on execution or by other process of
law. then, and in any of said cases. Landlord lawfully may, immediately or at
any time thereafter and without demand or further notice, enter upon the
Leased Premises or any part thereof in the name of the whole and repossess the
same as of Landlord's former estate. and expel (forcibly if necessary) Tenant
and those claiming through or under Tenant without prejudice to any remedies
which Landlord might otherwise have for arrears of rent or for a prior breach
of the provisions of this Lease. and upon such entry this Lease shall
terminate. In case of such termination. Tenant shall indemnify Landlord
against all expenses or loss of rent (which shall be deemed for the purposes
of this Section to include the payments arising out of such termination of
thi s Lease).
3. Items of expense for which Tenant shall indemnify Landlord shall include.
but not be limited to. all costs incurred in collecting amounts due from
Tenant under this Lease (including attorney's fees. costs of litigation and
the like); all amounts to which Landlord is entitled; all reasonable costs
incurred by Landlord in attempting to relet the Leased Premises (including
advertisements. remodeling. tenant's allowances and the like but not the
refixturing of the Demised Premises) and all Landlord's other reasonable
expenditures necessitated by the termination. Tenant's indemnification shall
be due and payable immediately upon notice from Landlord that an expense has
been incurred. without regard to whether the expense was incurred before or
after the termination of this Lease.
4. Landlord may elect by written notice to Tenant within sixty (60) days
following such termination to be. indemnified for loss of rent by a lump sum
payment representing the difference between the amount of rent which would
have been paid in accordance with this lease for the remainder of the Lease
Term and the fair rental value of the Leased Premises for the remainder of the
Lease Term, estimated as of the date of termination. (For the purposes of
this lump sum payment, calculation only, the amount of rent that would have
been paid in accordance with the Lease for the remainder of the Lease Term
shall be the product of all rent paid or payable for the Lease Year
immediately preceding the Lease Year in which the Lease is terminated
multiplied by the number of full and fractional years from the date of
termination through the normal expiration of the Lease Term.) Should the
parties fail to reach an agreement in writing as to the fair market value of
'the demised premises at the end of the regular term. the fair market value of
the land shall be estimated by two qualified MAl or SREA real estate
appraisers with experience.in .appraising leasehold interes~;. ~..w ~~ be
appointed and compensated by: Tenant and the other to be appointed and
compensated by Landlord. Landlord and Tenant shall appoint their appraisers
within 15 days of the end of the primary term of the Lease. If. within 30
days from their appointment. the two appraisers can agree to an appraisal of
value not differing by more than 1St, then an average of the two appraisals
shall be used for the fair market value of the land. If the two appraisals
differ by more than 15%. then the two appraisers shall appoint a third
appraiser chosen from a list of three appraisers designated by the National
Headquarters of the American Institute of Real Estate Appraisers, The three
MAR n 4 1988
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appraisers so appointed shall then. within 30 days from the date the third
appraiser is appointed. estimate the fair market value of the land. The
decisions of the appraisers. or a majority of them. shall be binding upon the
parties. If the appraisers, or a majority of them. cannot agree on the fair
market value of the land. the fair market value shall be determined by adding
all three estimates of fair market value and dividing the total of all three
estimates by the number three. The fee of the third appraiser shall be split
equally by Landlord and Tenant.
The land value shall be established based upon a definition of fair market
value as the price which an average well-informed Buyer will pay and an
average well-informed Seller will accept. knowing all of the uses to which the
property can be put. without duress on either party.
The standard market data approach technique for valuing vacant land shall be
used by the appraisers. All comparable sales shall be appropriately adjusted,
and the written reports shall indicate the reasons for the adjustments so
made. In the event that adequate comparable sales are not available, then a
land residual technique, as defined by the American Institute of Real Estate
Appraisers, shall be used. The real estate income component used in the
residual technique shall be the economic rental for hypotheticated
improvements. but in no event shall any business income be considered in the
analysis. If, at the end of the Lease Term, the total of: (a) the rent which
Landlord has actually received from the Lease Premises plus (b) the lump sum
payment is less than the rent which would have been paid in accordance with
this Lease, Tenant shall thereupon further pay Landlord the amount of such
difference.
7483J
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COMMON AREA ADDENDUM
COMMON AREAS, THEIR USE AND CHARGES
1. Comm@O Areas. Landlord shall make available (or cause to be made
available) from time to time such "common areas" (including but not limited to
parking areas, driveways, truckways, delivery passages, truck-loading areas,
access and egress roads, walkways, foot bridges, landscaped and planted areas
and public rest rooms) as Landlord shall deem appropriate. Landlord shall (or
shall cause the same to be done) operate, manage, equip, police, light,
repair, replace, and maintain the common areas for their intended purposes in
such manner as Landlord shall determine, including but not limited to the
maintenance requirement on Page lA of the Shopping Center Addendum, and may
from time to time change the size, location, nature and use of any common
areas and make installations therein and move and remove the same. However,
Landlord shall not change without Tenant's consent, the parking area, common
areas and drives located within 100 feet of the McDonald's Restaurant.
2. Use of Common Areas. Tenant and its concessionaires, officers, employees
agents, customers and invitees shall have the non-exclusive right (in common
with Landlord, the aforesaid Occupants of the Shopping Center and all others
to whom Landlord and said Occupants have granted or may hereafter grant such
rights) to use the common areas as designated from time to time by Landlord,
subject to the 100 foot mentioned restriction above in paragraph 1, subject to
such reasonable rules and regulations as Landlord may from time to time
impose. Tenant agrees after notice thereof to abide by such rules and
regulations and to use its best efforts to cause its concessionaires,
officers, employees, agents, customers and invitees to conform thereto.
Wherever Landlord has reserved the right in this Lease to enact rules and
regulations governing the shopping center and the demised premises, such rules
and regulations shall be reasonable and applied uniformly and equally to all
tenants throughout the center. Tenant shall upon request promptly furnish to
Landlord the license numbers of the cars operated by Tenant and its
concessionaires, officers, and employees so that Landlord can police the
parking in common area. Tenant shall not at any time interfere with the
rights of Landlord or other Occupants of the Shopping Center, or the
concessionaires, officers, employees, agents, customers, or invitees of
Landlord or of such other Occupants to use any part of the parking areas or
other common areas. All vehicles of Tenant, of Tenant's concessionaire if
any, or their respective officers, agents or employees, may be parked only in
the employee parking area{s) of the Shopping Center designated by Landlord.
Tenant or its employees shall only be required to park in employee parking
areas to the extent such areas are actually designated and are sufficient to
serve their existing needs.
3. Common Area Exoenses. This lease shall be a net lease to Landlord.
Tenant shall pay to Landlord in the manner provided in 4, Tenant's pro rata
share, as defined in Section 4 of all costs and expenses or incurred by
Landlord during the Lease Term (including appropriate reserves) in operating,
managing, policing, lighting, repairing, replacing, and maintaining the
Shopping Center. Such costs shall be limited to: maintenance and repair;
cleaning; costs and expenses of planting, replanting and replacing flowers and
landscaping including costs for sprinkler system and striping. In the event
the Lessor fails, after 10 days prior written notice, to repair and maintain
the parking and common areas and utility lines as aforesaid, Lessee may, at
its option, repair and maintain part of all parking and common areas and
deduct its costs therefor from rental accruing thereafter.
7483J
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~88
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COMMON AREA ADDENDUM
(continued)
COMMON AREAS, THEIR USE AND CHARGES
.
4. Tenant's Pro Rata Share and Payment. SUbject to the succeeding sentence,
Tenant shall pay to Landlord as reimbursement for the cost thereof Tenant's
pro-rata share ("Tenant's Share") of such common area maintenance costs.
Tenant's Share shall be four percent (4~) of all such common areas expenses of
Landlord at the Shopping Center. Landlord agrees that Landlord shall not
contract for the performance of the common areas maintenance at rates above
the market rate for such services. Landlord further agrees that all charges,
billed to Tenant, evidencing the performance of the work on the common areas,
shall be the same for all Tenant's of the Shopping Center.
Landlord shall provide Tenant with IILandlord's Estimated Common Area
Maintenance Computation", which shall be Landlord's estimate of Tenant's Share
for each year of the term. On the first (1st) day of each month during the
term of this Lease, Tenant shall pay to Landlord in arrears Landlord's
Estimated Common Area Maintenance Computation. If Landlord's Estimated Common
Area Maintenance Computation paid by Tenant to Landlord exceeds the actual
Tenant's Share for that year of the term, the excess shall be credited by
Landlord to Tenant against Landlord's Estimated Common Area Maintenance
Computation payments due for the next year. if any, of the term or refunded to
Tenant if such excess occurs during the last year of the Lease. If Landlord's
Estimated Common Area Maintenance Computation paid by Tenant to Landlord is
less than the actual Tenant's Share for that year of the term. Tenant shall
remit such deficit amount to Landlord within 30 days after written notice from
Landlord.
At the end of every year, Landlord shall provide Tenant with a statement.
certified correct by Landlord. in reasonable detail, setting forth all costs
expended by Landlord during the preceding calender year, for the common area
maintenance.
Tenant shall have the right to examine the books and records of the Lessor
within 60 days after receiving Landlord's statement. In the event there is a
discrepancy of more than S~ in the maintenance costs set forth in Landlord's
statement. Tenant shall have the right to adjust its proportionate share
accordingly and pay the lesser amount. and Landlord shall reimburse Tenant for
the cost of the audit.
5. Notwithstanding the foregoing. it is specifically understood and agreed
that Lessee shall have no obligation or liability whatsoever in connection
with the ownership. maintenance. or management of the parking area. malls and
common areas involved. and the Landlord shall manage. operate and maintain, at
its cost and expense. during the entire term of said Lease, and as it may be
extended. an insurance policy or policies which will insure Tenant against
injury to persons occurring in, on, or about said parking area. malls and
common areas, the liability under such insurance to be not less than One
Million Dollars ($1.000,000.00) for anyone accident or One Hundred Thousand
Dollars ($100,000.00) for property damage. Landlord shall cause to be issued
to Tenant proper certificates of insurance evidencing that the foregoing
convenants of the Landlord have been compiled with, and such certificates
shall provide that if the underlying insurances is cancelled or changed during
the policy period the insurance carrier will notify the Tenant twenty (20)
days prior to the same.
7483J
MAR
(l 4 7QDo
INITIAL
& DAR
MAR 04 1988
,...."
BUILDING AND CONSTRUCTION
APPROVAL ADDENDUM
1. Prior to the commencement of the construction of any building or improve-
ment, or alteration or addition, constructed or placed upon the demised
pr~mise~, Lessee shall submit all exterior plans, specifications and eleva-
tions showing the general placement of its buildings, initially and ultimate-
ly, with set-backs from all lot lines, location and dimensions of parkins
areas, dt'iveways and service areas, to Lessor for its approval from an
appearance standpoint to insure that the buildings and improvements con-
~tructed upon the demised premises are harmonious with the architectural
design and materials of other buildings and improvements then existing
or in the process of construction in the general vicinity of the demised
premises. Le~sor shall have twenty (20) days after receipt of Lessee's
plans and specifications to give Lessee written notice of, and the reason
for, disapproval. Failing such notice, Lessee's plans and specifications
will be considered approved.
2. For and with respect to the premises, it is understood and agreed
t:~at fa) no buildings(s) or structure(s) shall be erected within this
Out ParcC!l containing in the aggregate more than 7,000 square feet of
floor drea; (b) no building(s) or structure(s) shall be erected within
this Out Parcel which shall be greater in height than the lesser of (i)
one story or (ii) eighteen (18) feet (provided, however, that said building
may have a small o!"namental tower exceeding eighteen (18) feet in height
provided the total hp.ight of any such building, including such tower,
does not excp.ed twenty-four (24) feet in height measured from ground. level).
3. In regard to signage it is understood that there will not be a Pylon
(or Stand Alone) Sign and any and all signs will be limited to those affixed
to the building which must have the prior approval of the landlord. which
approval shall not be unreasonably withheld. This restriction shall not
apply to Tenant's directional signs or menu board.
~v'
GUARANTY OF LEASE
McDonald's Corporation, a Delaware
corporation for ONE DOLLAR
($l.OO) and other good and valuable consideration the receipt of which
is hereby acknowledged does hereby guaranty to Walboyn Development Corporation
payment in full of all amounts due to Lessor under the lease (the IILease")
between Lessor and McDonald's Restaurants of Florida, Inc. as Lessee dated
February 19, 1988 covering the leased premises located at the Catalina
Square Shopping Center in Boynton Beach, Florida including but not limited
. charges
to Basic Rent, add,tional ~ interest, attorneys fees, advancements
by Lessor.under the Lease and any and all other monies which may be due
to Lessor as Landlord under the Lease. This Guaranty shall be deemed
.
continuing and irrevocable. McDonald's agrees that its obligations hereunder
sec.ondary
M shall be absolute and ~F'~iFY and shall be complete and binding on McDonald's
At{ 04 7988 e~ecuti on \el...eeol/ ane sbll:tje&t t'j' .... ~^Rdi ti 9RE pr8'idiRt to ",eaRl 1.. I i-
perfSI m..."..... I.... ....."der. No act or omission by Lessor shall affect or impair
this Guaranty of Lease and Lessor shall have no duties to McDonald's in
connection with this Guaranty of Lease. In the event Lessor has made
no claim on this Guaranty of Lease within ten (10) years from the date
hereof, McDonald's obligation hereunder shall cease and terminate.
Dated thi s 4th
March
day of .$ehl ti!\ y, 1988.
SIGNED SEALED AND DELIVERED
IN THE PRESENCE OF:
~~/O~t
, ness
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*after Lessor has exhausted all remedies against McDonald's Restaurants
of Florida, Inc. as Lessee
-
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I MCeOn~ ~
McDonald's Corporation
McDonald's Plaza
Oak Brook, Illinois 60521
Otree1 DIal Number
(312) 575-6385
TO WHOM IT MAY CONCERN
This letter wi 11 serve as an attorney opinion that Seymour Greenman, Vice
President and Assistant Secretary of McDonald's Corporation, d/b/a McDonald's
Corporation, a Delaware Company is empowered under resolution of the Board of
Directors of the corporation to grant a power of attorney in connection with
any permit, zoning or land use application for the constrution or remodeling
of any McDonald's Restaurant.
Very truly yours,
McDONALD'S CORPORATION
~&L7r
Haydee Olinger
Regional Attorney
Real Estate/Legal Department
HO/ao/4l22J
Sworn to before me this 2.5 day
'..,
, 198 I .
of /Vel:/
POWER OF ATTORNEY
This Power of Attorney is made on February 10, 1987
BETWEEN: th e Pr inci pa 1, SeJ1110ur Greenman,
Vice President and Assistant Secretary
whose address is
McDonald's Corporation
One McDonald IS Plaza
Oak Brook, Illinois 60521
individually referred to as "1" or "my."
AND: the Agent, Ro land Ya tes
Whose address is
McDona 1 d I S Corpora ti on
5200 Town Center Circle
Sui te 600
Baco Raton, Florida 33432
referred to as II You . II
ffiANT OF AUTHORITY: I appoint You to act as my Agent (called an attorney
in fact) to do each and every act which I could personally do to represent
McDONALD'S CORPORATION, d/b/a McDonald's Corporation, a Delaware Company, in
any permit zoning or'land use application for the construction or remodeling
of any Mc Dona 1 d I S Res taurant.
POWERS: I give You all the power and authority to do any act which I might
do if personally present and acting in connection with any of the foregoing
matters; and covenant and agree to hold harmless any person who may act in
rel iance upon the authority granted to my said attorney-in-fact hereby.
This power of attorney shall remain in force and effect for a period of
two years from the date hereof.
) J I
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r~cOONALD I S CORPORATION, d/b/a McDonald IS
Corporatrion, a Delaw~re Company
'.&~M~~/.I-:?I/1"~SEAL)
. i e' res 1 ent and
Assistant Secretary
Witnessed by:
y !
.
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STATE OF ILLINOIS
COUNTY OF DuPAGE
SS:
I, Mary1yn G. Rodgers, a Notary Public in and for the county and state
aforesaid, DO HEREBY CERTIFY that SeJ1110ur Greenman, Vice President and Assis-
tant Secretary of r~cDona1d's Corporation, d/b/a McDonald's Corporation, a
Delaware Company, who is personally known to me to be the same person whose
name is subscribed to the foregoing instrument as such Vice President and
Ass is'tant Secretary, appeared before me th is day in person and acknowledged
that he signed, sealed and de1ivered-lhe said instrument as his free and
voluntary act as such Vice President and Assistant Secretary, and as the free
and voluntary act of sa id corporation for the uses and purposes.
Given under my hand and notarial seal, this 10th day of February, 1987.
, ~
't~ ~ ft- ? ,'d?
~y~~gers, 0 ar ~l'C
My commission expires May 9, 1988
4122J
O. C
1(,.OCOO +
15.0000 +
13.CCOO +
7.0000 +
3.0000 +
17.0000 +
7.0CJOO +
6.0COO +
8.0eoo +
20.0000 +
13.COOO +
12. C'OOO +
14.0000 +
19.0'000 +
8.CCOO +
21 .CCOO +
16.0COO +
13.0000 +
8.00'00 +
17.0000 +
12<000 +
\
\ 9-()['00 +
{, I \ 6.0000 +
.. ~1]! 8.ceoo +
~~ 13.0eoo +
Q! 10.ceoo +
7.0COO +
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12.[('00 +
't>(J 10.[[00 +
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/' II \\.t 9.C'000 +
,.X \ 13.0000 +
U 6~~ 1C.CCOO +
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15.0eoo +
o 36 ~ c le 6 ~ oft e ~ ~ e _ '" . .
435-CCOO *
435.0000 X
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~~"''''''J, . ''-',' .....V', IJ III:! II' loll\.: ..JUULII~d~1. 1/4 01 ~t~CllUrl lj
Township 45 Soutll, Range 43 East. more fully described uS
fol10\vs:
CO!l11l1enCe at the Souttleast corner of said Sect ion 18: the~ce
Souttl 88--56'-29" \l/est along the SOlJt~1 line of said s~ct1on
1H for GO.07 feet to 11 point on ttle \'JesL rigtlt-of-way 11ne of
l~lJl1qress Avellue dS recorded HI Officiul Record Book 3560,
lJo~es 1115 tllrouyn 1120, of ttle Public Records of P~llll Beacll
County. Florida; tile following tv:o, (2) courses ~elng alor~y
said \'Jest right-of-way 1 ine also be1ng ttle East 11n9 of sald
Parcel "B"; (1) tllence North 010-44'-21" East for 371.20 feet
to the Point of Beginning of the hereinafter described parcel
of land; (2) thence continue North 010-44'-21" ~ast for
1 25 . 00 fee t ; t 11 e f 0 11 0 vJ i n g two (2 ) co u r s e s be i n ~ a 1 on 9 t tie
Souttlerly 1 ine of Tract "A" of said Catal ina Centre - Plat
No.2; (1) thence North 430-15'-39" West for 35.36 feet; (2)
Ul en c e Nor t 11 88 0 - 1 5 ' - 39 " We s t for 8 7 . 00 fee t ; t n en c e Sou t II
o 1 0 - 44 ' - 21" \'J est a 1 0 n gal i n e par a 11 e 1 wi t h and 11 2 . 0 0 fee t
Hes t of sa i d Westerl y ri ght-of -way 1 i ne of Congress Avenue
for 150.00 feet; thence South 880-15'-39" East along a line
parallel with and 150.00 feet South of said Southerly line of
Tract "A" for 1120.00 feet to tIle POINT OF BEGIr~r~IrJG.
Lying and being in the City of Boynton Beacll. Palm 80eKll
County, Florida and containing 16,487 square fee":. or 0.3785
acres, more or less. &I~1~~AAr";.n;;~'~A~./
~h~ ,--~~-~
;1-EGAL DESCRIPTION - REf AIL AREA (,4.4:U!Il/"~~~~~)
I Being a portion of Parcel "B", "CATALINA CENTRE - PLAT NO.
, 2". according to the Plat thereof as recorded in Pl~t Buok 56
: at pages 43 and 44 of the Pub 1 i c Records of Pa 111I !)eJC 11
I County, Florida, lying in tIle Souttleast 1/4 of Section 13.
Tmmship 45 South, Range 43 East, more fully u~scribed JS
f 0 11 0\0,1 S :
Commence at the Souttleast corner of said Section 13; tr1enc'?
Soutll 880-56'-29" West along tile South line of s:Jid Sectio!1
18 for 60.07 feet to a point on the West right-of-~ay line of
Congres s Aven ue as recorded in Offi cia 1 Record Book 3560.
pages 1115 tllrougll 1120, of the Pub 1 i c Records of Pa 1111 B~JC II
County, Florida; the follmving course being along said Vlest
right-of-vJay line also being along the East line of said
Parcel "B"; thence North 010-44'-21" East for 401.20 feet;
ttlence North 880-15'-39" West for 26.12 feet to tIle Point of
Beg inn i ng of the here i na fter descri bed parce 1 of 1 and; tllence
Nortll 010-44'-21" East along a line parallel \.:ith and 26.12
feet West of said Westerly line of Congress Avenue for 86.71
feet; thence Nortll 430-15'-39" West for 18.79 feet; tilence \~
North 880-15'-39" ~'Jest along a line parallel v;ith and 20.00
feet South of the Southerly line of Tract "A" of said Plat of
Catal ina Centre - Plat r~o. 2 for 47 .59 feet; Ulence SOUtll
010-44'-21" \'Jest along a line parallel wittl and 87 .00 feel
\~est of said Westerly 1 ine of Congress Avenue for 100 .00
feet; thence SOUUl 880-15'-39" East along a line parallel
\oJitll and 120.00 feet SOUtll of said Souttlerly line of Tract
"A" for 60.88 feet to tIle POINT OF BEGINfnr~G.
L y i 11 g an !j t1 e i n gin the C i t y 0 f Boy n ton 8 e a c tl . Pal m [J ~ act 1
County. Florida nnd containillq G,OOD SqUclre fe~t or 0.1377
d ere s. t: ; ,n~' 'it' 1 P S ':, .
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STATE OF FLORIDA .)
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COUNTY OF PALM ,BEACH. )
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BEFORE ME THIS DAY PERSONALLY APPEARED RQ1.and Yates
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Tha't 'the' accompanying'proper1:Y owners L~st: is, 'to
'the bes't.of his knowledge,. a comple1:e a4d accurate
lis't of all proper'ty owners, mailing' aclaresses and,.."
legal descrip'tions as recorded in.the 1.1:est offi~
cial 'tax roles in 'the'Count:y CourthouaeAfor all
property wi'thin Four Hundred, (400) . ':fee; :of. the
below described parcel of land. ., .. ,:' i
The proper'ty in question is legall~.clescribed a~ f.ollows:
. , I ,,' ~
DEPOSES AND SAYS:
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SEE ATTACHED EXHIBIT "A"
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FURTHER AFFIANT SAYETH NOT.
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~S1gnature~
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~. Sworn to and subscribed before me this
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(lp~ A.D. 19 g ~
,', day of
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State of Florida at Large
My Commission Expires:
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LOCATION MAP
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