APPLICATION
1
, -'
'.
PROJECT NAME: STEAK 'N SHAKE
LOCATION: Southwest corner of Old Boynton Rd & Winchester Park Blvd.
COMPUTER In: Steak 'N Shake\COUS
PERMIT #: 98-3654
I FILE NO.: COUS 98-005 II TYPE OF APPLICATION: New Site Plan I
AGENT/CONTACT PERSON: OWNER/APPLICANT: Steak 'n Shake
James Harlow PHONE: (727) 712-8816
Florida Engineering & Environmental FAX: (727) 799-8522
Services, Inc. ADDRESS: 2720 North Summerdale Drive
PHONE: (813) 880-9106 Clearwater, FL 33761
FAX: (813) 880-9055
ADDRESS: 4519 George Road, Suite 130
Tampa, FL 33634
Date of submittal/Projected meetinl! dates:
SUBMITTAL / RESUBMITT AL 9/30/98
1 ST REVIEW COMMENTS DUE: 10/15/98
PUBLIC NOTICE: P&D meeting: 11/24/98
OUT/City Arty: 11/6/98
City Clerk/FAX: 11/10/98
MAIL/PUBLISH: 11/13/98
TRC MEETING: 11/10/98
PROJECTED RESUBMITTAL DATE: 11/10/98
ACTUAL RESUBMITTAL DATE:
2ND REVIEW COMMENTS DUE:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 11/24/98
MEETING:
CITY COMMISSION MEETING: 12/1/98
COMMENTS:
12/02/1998 16:23
5613756259
BOYNTON BEACH P & Z
PAGE 02
-~
R.'IDE:R '1'0 SITE PLAN APPJ.TCATTON
The unders~gned as applicant tor Final Site Plan Approval does hereby
acknowledge, represent and agree that all plans, specifications,
drawings, engineering, and other data submitted with this application
for review by the City of Boynton Beach shall be reviewed by the var~ous
boards, commissions, staff personnel and other parties designated,
appointed or employed by the City of Boynton Beach, and any such party
reviewing the same shall rely upon the accuracy thereof, and any change
in any item submitted shall be deemed material and substant~al.
The unders igned hereby agrees that all plans, specifications,
drawings, engineering and other data which may be approved by the City
of Boynton Beach, or its boards, commissions, staff or designees shall
be constructed in strict compliance with the form in which they are
approved, and any change to the Same shall be deemed material and shall
place the applicant in violation of this application and all approvals
and permits which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights
and remedies as provided for by the applicable codes and ordinances of
the city of Boynton Beach to bring any violation into compliance, and
the applicant shall indemnify, reimburse and save the City of aoynton
Beach harmless from any cost, expense, claim, liability or any action
which may arise due to their enforcement of the same.
~EAD, ACKNOWLEDGED AND AGREED TO this
-z....
c::a:.
day of
, 19~
~~L
Applicant /
APPLICATION ACCEPT. JE DATE:
RECEIVED BY STAFF MEMBER:
FEE PAID:
RECEIPT NUMBER:
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
CONDITIONAL USE APPLICATION
NOTE: This form must be filled out completely and accurately and
must accompany all applications submitted to the Planning
Department. (2 copies of application required)
PROJECT NAME:
Bovnton Beach - Steak 'n Shake
AGENT'S NAME:
N/A
ADDRESS:
(zip code)
PHONE:
FAX:
OWNER'S NAME:
(or trustee)
ADDRESS:
Steak 'n Shake. Inc.
2720 North Summerdale Drive
PHONE:
727/712-8816
31761
(zip code)
FAX: 777/799-R'172
Clearwater. Florida
PROJECT
LOCATION:
(not legal
SOllt"hw{'>!=lt cornpr of Ole! Roynt"nn 'Rn:H"1 ::Inri Winc.lH,qt"pr p.qrk Rlvd.
description)
CORRESPONDENCE ADDRESS: * Florida Engineering and Environmental Services. Inc.
(if different than
agent or owner) 4519 George Road. Suite 130. Tamoa. FL 33634
* This is the only address to which all agendas. letters and
other materials will be forwarded.
2
Fee
File No. COUS 98-005
CONDITIONAL USE APPLICATION
Date Submitted: 9/10/98
Applicant Name: Steak 'n Shake. Tnc.
Applicant Address: 2720 North Sumrnerdale Drive. Clearwater. Florida 33761
PHONE:
727/712-8816
(zip code)
Fax: 727/799-8522
Site Address:
Southwest corner of Old Bovnton Road and Winchester Park Blvd.
Legal Description: See Attached
Project Description: Drive-thru/sit down 3.690 S.F. restaurant to be aDen
24 hours a dav/7 days a week.
The OWNER has hereby
designated 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.)
Signature of OWNER
A portion of Lot 42 at Subdivision Section 19, Township 45
South, Range 43 East os recorded in plot Book 7, at Page 19,
of the Public Records of Palm Beach County, Florida, less
the South 320.00 feet and less the North 20.00 feet for rood
right-of-way and being more particularly described os
follows:
Commencing at the Northeast Comer of said Lot 42; thence run
along the East line of said Lot 42 on on assumed beanng of
South 01'06'03" East 0 distance at 20.00 teet to 0 point at
intersection at the South right-at-way line of Old Boynton Rood
and the West right-at-way line of Winchester Pork Boulevard os
now exists. said point olso being the Point of Beginning; thence
continue South 01'06'03" East along said West right-at-way line
at Winchester Pork Boulevard 0 distance .af 243.08 teet, to the
Southeast corner of lands described in Official Records Book 5805,
at Page 1429 of the Public Records; thence South 88'09'06" West
along the South line at said lands 0 distance of 217.65 teet:
thence North 01'00'33" West parallel with the West line at said
Lot 42, 121.95 teet; thence North 89'50"6" East 0 distance of
50.00 teet; thence North 01'00'33" West 0 distance at 127.53 teet
to 0 point on the said South right-at-way line of Old Boynton Rood;
thence North 89'50'16" East along said South right-at-way line 0
distance of 167.26 feet to the Point of Beginning.
LEGAL DESCRIPTION
's ~
301 '? ~
'-'(~
1~''1.
/){ .1"'-
5<>
~'"
S'"
DEVELOPER
3
CONDITIONAL USE APPROVAL APPLICATION
I. GENERAL INFORMATION:
a.
All property owners
(400)feet surrounding
notified.
located within four hundred
the subject parcel shall be
b. The ownership of all surrounding properties as
submitted by the applicant, shall be reviewed by the
City Clerk, who shall notify the owners by regular mail
of the date and purpose of the public hearing held in
conjunction with the conditional use application.
c. Notice of the public hearing shall also be advertised
in a newspaper published in the City at least ten (10)
days in advance of the hearing.
d.
At the public hearing held by
Development Board, evidence for
presented.
the Planning
or against may
and
be
e. The Planning and Development Board may recommend
approval, approval with modification or denial of the
application subject to the standards provided in
Ordinance No. 76-46. A written report of the Board's
findings shall be forwarded to the City Commission.
f. At a regular meeting, the City commission may approve,
approve with modification or deny the application
subject to the standards provided in Ordinance No. 76-
46.
g. Each new application for conditional use approval shall
be accompanied by a fee payable to the City of Boynton
Beach as per the attached fee schedule as well as
labels and postage for property owners to be notified.
h. Each application for an extension in time of a
conditional use approval shall be accompanied by a fee
payable to the City of Boynton Beach for one hundred
and twenty-five ($125)dollars. Such application shall
by submitted to the Planning Director not less than 45
days prior to the expiration of the approval.
4
CONTENTS OF THE CONDITIONAL USE APPLICATION
II. CONTENTS OF THE CONDITIONAL USE APPLICATION. Application for
conditional use shall contain two (2) copies of the following
items:
a. Statement of the applicant's interest in the property to be
developed, including a copy of the last recorded Warranty
Deed, and a certificate from an attorney-at-law or a title
insurance company certifying who the current fee simple
title holders of record of the subject property are, and the
nature and extent of their interest therein, and
b.
c.
d.
1. If joint and several ownership, a written consent to
the development proposal by all owners of record, or
2. If a contract purchase, a copy of the purchase contract
and written consent of the seller/owner, or
3. If an authorized agent, a copy of the agency agreement
and written consent of the principal/owner, or
4. If a lessee, a copy of the lease agreement and written
consent of the owner, or
5. If a corporation or other business entity, the name of
the officer or person responsible for the application,
and written proof that said representatives have the
delegated authority to represent the corporation or
other business entity, or in lieu thereof, written
proof that he is in fact an officer of the corporation.
Legal survey, prepared by a surveyor registered in the State
of Florida, showing an accurate legal description of the
subject property, and the total acreage computed to the
nearest one-hundredth (1/100) of an acre (these two surveys
are in addition to the surveys required on page 6 of this
application, Sec. 111.19.).
Vicinity map, showing the location of the subject property
in relation to the surrounding street system.
Drawing showing the location of all property lying four
hundred feet (400) adjacent to the subject parcel, and a
complete list of the property owners' names, mailing
addresses and legal descriptions. The owners of property
shall be those recorded on the latest official County tax
rolls. Such list shall be accompanied by an affidavit
stating that to the best of the applicant's knowledge, said
list is complete and accurate.
5
III. SITE PLAN REQUIREMENTS
Twelve (12) complete, assembled and stapled sets of plans shall
be submitted. All drawings shall be scaled and the maximum size
sheet shall be 24" x 36". The following site information shall be
shown on the submitted plans or where applicable, separately
submitted. Incomplete site plans will not be processed.
(check)
1. Boundaries and dimensions of the parcel.
2. Scale, graphic scale, north arrow, and date.
3. Adjacent properties or land uses.
4. Pavement edge and/or right-of-way lines for all
streets, alleys, sidewalks, turn lanes, driveways and
unimproved rights-of-way within one-hundred (100) feet
of the site. Also, names of adjacent streets and
rights-of-way.
5. Location of all proposed structures, and any existing
structures that are to remain on the site.
6. Setbacks of all structures (over 3 ft. in height) from
property lines.
7. Use of each structure, indicated on the site plan.
8. Number of efficiency, 1-bedroom, 2 bedroom, etc.,
dwelling units in each residential structure, to be
indicated on site plan.
9. Indication of height and number of stories of each
structure.
10. Indication of structures, equipment, etc., above 45
foot height, including height in excess of 45 ft.
11. Floor plans or typical floor plans for all structures.
12. Finish floor elevations of all structure.
13. Uses within each structure, indicated on floor plans.
14. Elevations or typical elevations of all structures;
including materials, surfaces, including roofs.
15. Indication of the numbers and types of recreational
facilities to be provided for residential developments.
16. Indication on site plan of location, orientation, and
height of all freestanding signs and wall signs.
6
17. Location of walls and fences, and indication of their
height, materials, and color.
18. A landscape plan, showing conformance with the
Landscape Code and Tree Preservation Code, and showing
adequate watering facilities. Plants must be keyed out
according to species, size and quantity.
19. A sealed survey, by a surveyor registered in the State
of Florida, and not older than six (6) months, showing
property lines, including bearings and dimensions,
north arrow, date, scale, existing structures and
paving, existing elevations on site, rights-of-way and
easements on or adjacent to the site, utilities on or
adjacent to the site, legal description, acreage to the
nearest one-hundredth (1/100) of an acre, location
sketch, and surveyor's certification. Also, sizes and
locations of existing trees and shrubs, including
common and botanical names, and indication as to which
are to be retained, removed, and relocated, or
replaced.
20. Location of existing utility lines on or adjacent to
the property to be indicated on the site plan, in
addition to being shown on the survey. Also, location
of existing fire hydrants on or adjacent to the site.
21. Location of additional fire hydrants, to meet standards
set forth in Article X, Section 16 of the Subdivision
and Plattin~ Requlations.
22. Fire flow calculations justifying line size for both
on/off site water lines.
23. Sealed engineering drawings for proposed utilities, as
per City specifications.
24. Information regarding form of ownership (condominium,
fee simple, lease, etc.).
25. Location and orientation of garbage cans or dumpster
facilities. All garbage dumpsters must be so located
to provide direct access for the City front-end
loaders, and the dumpster area must be provided with
adequate width and height clearance. The site must be
so designed to eliminate the necessity for the front-
end loader to back into any street. If any use
requires the disposal of wet garbage, a ten foot by ten
foot (10' x 10') concrete slab shall be provided. All
dumpsters must be screened and landscaped in accordance
with the City Landscape Code (see Sec. 7.5-35(i)). A
minimum 10 foot wide opening is required for dumpster
enclosures.
7
26. A parking lot design and construction plan showing
conformance to the City Parking Lot Regulations, and
including the following information. Any exceptions to
the Parking Lot Regulations that are proposed for that
are to continued will require an application for
variance to the Parking Lot Regulations.
a. Location of all parking and loading facilities.
b. A parking lot layout plan, including curbs, car
stops, and double striping.
c. A cross-section of materials to be used in the
construction of the parking lot.
d. A lighting plan for the building exterior and
site, including exterior security lighting, and
lighting for driveways and parking lots; to
include the location of lighting standards,
direction of lighting, fixture types, lamp types
and sizes, and average illumination level(s} in
footcandles.
e. Information showing conformance with the City
Street and Sidewalk Ordinance, including
construction of sidewalks along adjacent
public streets.
f. Location of existing and proposed public and
private streets, including ultimate rights-
of-way.
g. On-site traffic plan, including arrows and other
pavement markings, traffic signs, and stop signs
at exits.
h. Location of handicap parking spaces, plus signs
and access ramps, consistent with the State
Handicap Code.
i. A drainage plan for the entire site, including
parking area; to include finish grade and pavement
elevations, drainage calculations, and details of
the drainage system. If the total impervious area
on site exceeds twenty-five thousand (25,000)
square feet, then drainage plans and calculations
must be prepared by an engineer registered in
the State of Florida, and must be sealed.
percolation tests must by provided with drainage
calculations.
j. Existing elevations on adjacent properties, and on
adjacent rights-of-way.
27.
28.
8
Where conformance with the County's
Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of
Environmentally Sensitive Lands (Environmentally
Impact Study) must be submitted to the Palm Beach
County Department of Environmental Resources
Management (copy to City) prior to or concurrent
with the submittal of the site plan to the City.
Submit a traffic impact analysis for the proposed
use. The analysis shall comply with the Palm Beach
County Traffic Performance Standards Ordinance.
Six (6) copies of the analysis shall be submitted
with all conditional use applications.
HQTE: Failure to submit traffic impact analysis in the manner
described above may delay approval of the site plan application.
29. In addition to the above requirements, the following
items shall be submitted to the Planning Department ilQ
later than the site plan deadline:
a.
b.
One copy of colored elevations for all buildings
and signage to be constructed on site. These
elevations must be must be of all sides of each
type of building and signage proposed and the
colors proposed must be accompanied by a numerical
code from an established chart of colors.
Elevations must also include information related
to building materials. All elevations must be
submitted on 24" x 36" drawings. Buildings
constructed will be inspected on the basis of the
elevations submitted to the City and approved by
the City Commission. Failure to construct
buildings consistent with elevations submitted
will result in the Certificate of Occupancy being
withheld.
A transparency of the site plan (maximum size of
8-1/2" x 11"). At the discretion of the
applicant, the Planning Department will prepare
transparencies from the site plan document.
However, the Planning Department will not be
responsible for poor quality transparencies which
result from the submission of poor quality site
plan blueprints, and poor quality transparencies
will not be presented to the Planning and
Development Board or City Commission.
c.
Colored photographs of surrounding buildings
(minimum size 8" x 10") .
9
30. Any other engineering and/or technical data, as may be
required by the Technical Review Committee to determine
compliance with the provisions of the City's Code of
Ordinances.
Any of the above requirements may be waived by the
Technical Review Committee, if such information is
deemed to be non-essential by the Committee.
10
IV. SITE DATA
The following information must be filled out below and must
appear, where applicable, on all copies of the site plan.
1.
Land Use Category shown in
the Comorehensive Plan
Local Retail Commercial
2 .
Zonino District
C3
3.
Area of Site
1.083
acres
47.175
sq. ft.
4. Land Use -- Acreage Breakdown
a.
Residential, including
surrounding lot area or
grounds
acres
.. of site
b. Recreation Areas *
(excluding water area)
d.
Commercial
1.083
acres .. of site
acres .. of site
acres 100 .. of site
acres .. of site
acres .. of site
acres .. of site
acres .. of site
c. Water Area
e. Industrial
f. Public/Institutional
g. Public, Private, and
Canal Rights-of-Way
h. Other (specify)
i.
Other (specify)
acres
.. of site
j .
Total area of Site
1.083
acres
100
.. of site
* Including open space suitable for outdoor recreation, and
having a minimum dimension of 50 ft. by 50 ft.
11
5. Surface Cover
a. Ground Floor Building 0.085 sq. ft . 7.8 % of site
Area ( "building footprint" )
b. Water Area sq. ft. % of site
c. Other Impervious Areas, including
paved area of public & private
streets, pave area of parking lots
& driveways (excluding landscaped areas)
and sidewalks, patios, decks, and
athletic courts. 0.67 sq. ft. 61.9 % of site
d. Total Impervious Area 0.755 sq. ft. 69.7 % of site
e. Landscaped Area Inside of
Parking Lots (20 sw. ft.
per interior parking space
required--see Sec. 7.5-35(g)
of Landscape Code 0.243 sq. ft. 22.5 % of site
f. Other Landscaped Areas,
excluding Water Area sq. ft. % of site
g. Other Pervious Areas,
including Golf Courses,
Natural Areas, Yards, and
Swales, but excluding
Water Areas sq. ft. % of site
h. Total Pervious Areas 0.243 sq. ft. 22.') % of site
i. Total Area of Site 1.083 sq. ft. 100 % of site
6. Floor Area
a. Residential sq. ft.
b. Commerci?l/Office 1.29') sq. ft.
c. Industrial/Warehouse sq. ft.
d. Recreational sq. ft.
e. Public/
Institutional sq. ft.
f. Other ( specify) sq. ft.
g.
Other (specify)
sq. ft.
12
h. Total Floor Aea
3.295
sq. ft.
7. Number of Residential Dwellinq Units
a.
Single-Family Detached
dwelling units
b.
Duplex
dwelling units
c. Multi-family (3 + attached dwelling units
(1) Efficiency dwelling units
(2) 1 Bedroom dwelling units
(3) 2 Bedroom dwelling units
(4) 3+ Bedroom dwelling units
d. Total Multi-Family dwelling units
e. Total Number of Dwelling Units
8 .
Gross Density
Dwelling Units per Acre
9.
Maximum Heiqht of Structures on Site 19'-1" feet 1
stories
10. ReQuired Off-Street Parking
a. Calculation of Required
Number of Off-Street
Parking Spaces
b.
Off-Street Parking Spaces
Provided on Site Plan
51
54
12A
CONDITIONAL USE APPROVAL - STANDARDS FOR EVALUATION
In evaluating an application for conditional use, the board and commission shall consider the
effect of the proposed use on the general health, safety and welfare of the community.
Provide written comments certifying that satisfactory provision has been made concerning the
following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with
particular reference to automobile and pedestrian safety and convenience, traffic
flow and control, and access in case of fire or catastrophe.
2. Off-street parking and loading areas where required, with particular attention to the
items in subsection D.1. above, and the economic, glare, noise, and odor effects
the conditional use will have on adjacent and nearby properties, and the city as a
whole.
3. Refuse and service areas, with particular reference to the items in subsection D.1.
and D.2. above.
4. Utilities, with reference to locations, availability, and compatibility.
5. Screening, buffering and landscaping with reference to type, dimensions, and
character.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety,
economic effect, and compatibility and harmony with adjacent and nearby
properties.
7. Required setbacks and other open spaces.
8. General compatibility with adjacent properties, and other property in the zoning
district.
9. Height of buildings and structures, with reference to compatibility and harmony to
adjacent and nearby properties, and the city as a whole.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
11. Conformance to the standards and requirements which apply to site plans, as set
forth in Chapter 4 of the City of Boynton Beach Land Development Regulations.
12. Compliance with, and abatement of nuisances and hazards in accordance with the
performance standards, Section 4.N of Chapter 2; also, conformance to the City of
Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton
Beach Code of Ordinances.
13
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby
acknowledge, represent and agree that all plans, specifications,
drawings, engineering, and other data submitted with this application
for review by the City of Boynton Beach shall be reviewed by the various
boards, commissions, staff personnel and other parties designated,
appointed or employed by the City of Boynton Beach, and any such party
reviewing the same shall rely upon the accuracy thereof, and any change
in any item submitted shall be deemed material and substantial.
The undersigned hereby agrees that all plans, specifications,
drawings, engineering and other data which may be approved by the City
of Boynton Beach, or its boards, commissions, staff or designees shall
be constructed in strict compliance with the form in which they are
approved, and any change to the same shall be deemed material and shall
place the applicant in violation of this application and all approvals
and permits which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights
and remedies as provided for by the applicable codes and ordinances of
the City of Boynton Beach to bring any violation into compliance, and
the applicant shall indemnify, reimburse and save the City of Boynton
Beach harmless from any cost, expense, claim, liability or any action
which may arise due to their enforcement of the same.
READ, ACKNOWLEDGED AND AGREED TO this
day of
, 19
Witness
Applicant
Witness
14
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
BOARD OF ZONING APPEALS VARIANCE
All applications received by the City of Boynton Beach after August 1,
1985 shall be accompanied by mailing labels with the names and addresses
of all property owners within four hundred (400) feet of the subject
property. Applications will not be accepted without these mailing
labels.
CONTACT --
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
15
A F F I D A V I T
STATE OF FLORIDA
ss.
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED
, WHO BEING DULY SWORN,
DEPOSES AND SAYS:
That the accompanying Property Owners List is, to the best of
his knowledge, a complete and accurate list of all property
owners, mailing addresses and legal descriptions as recorded
in the latest official tax rolls in the County Courthouse for
all property with Four Hundred (400) feet of the below
described parcel of land.
The property in question is legally described as follows:
SEE ATTACHED EXHIBIT "A"
FURTHER AFFIANT SAYETH NOT.
(Signature)
Sworn to and subscribed before me this
day of
A.D., 19
Notary Public
State of Florida at Large
My Commission Expires:
16
NOTICE TO APPLICANTS FOR APPROVAL OF LAND
DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land
development orders and permits which are submitted on or after June 1,
1990 will be subject to the City's Concurrency Management Ordinance,
and cannot be approved unless public facilities (potable water,
sanitary sewer, drainage, solid waste, recreation, park, and road
facilities) would be available to serve the project, consistent with
the levels of service which are adopted in the City's Comprehensive
Plan:
Building permit applications for the construction of improvements
which, in and by themselves, would create demand for public
facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed
above, which would increase the demand for any public facility.
Any other application which, in and by itself, would establish
the density or intensity of use of land, or a maximum density or
intensity of use of land.
* Applications for development orders and permits submitted after
February 1, 1990 and which generate more than 500 net vehicle
trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that
ordinance.
17
Please be advised, however, that the following applications will be
exempt from the Concurrency Management Ordinance, pending final
approval of this ordinance by the City Commission:
Applications for the development of property which was platted on
or after January 13, 1978 and either the final plat or the
preliminary plat and Palm Beach County Health Department permit
applications were submitted or approved prior to June 1, 1990,
and the use of the property is consistent with the general use
which was intended for the property at the time of platting.
Applications for the development of property which was platted
prior to January 13, 1978, the area of the platted lots does not
exceed 2 acres, and the proposed use would not generate more than
500 net vehicle trips per day.
Applications for building permit, if a site plan or conditional
use application was submitted prior to June 1, 1990 and
subsequently approved and the site plan or conditional use has
not expired.
Applications for the development of property within an approved
Development of Regional Impact, and which are consistent with the
approved DRI.
Applications for approval of final plats, if the preliminary plat
gnd application for Palm Beach county Health Department permits
for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development
orders or permits, which do not increase the demand for any
public facility.
Please be advised that these exemption rules are tentative and will be
subject to final approval by the City Commission. If you have any
questions concerning the proposed Boynton Beach Concurrency Management
Ordinance, please contact the Boynton Beach Planning Department at
(561) 375-6260.
S:\PLANNING\SHARED\WP\FORMS\APPS\COUS\COUSAPP.WPD
April, 1997
APPENDIX A_ZONING
50<.11.2
D. STANDARDS FOR EVALUATING CONDITIONAL USES.
The pJanning and zonina board and city commfllllon lIhRIl con-
sider only auch conditional uses 8' are authorized under the
terms of these zoning regulation. and. In connection therewtth,
may grant conditional u.e. ab.olutely Dr conditioned upon tha
ralthful adharenca to and fulRllmanl of .ueh ra.trletlollO and
condltlona Includlns, but not limited to. the dedication Dr prop.
erty ror .treets, alley., ....creatlon epa.. and eldewalks. aa .hall
be detsrmlned ne....ary ror tha protection of the .urroundlnll
area and the clUzen.' general welfare, or deny condltiona) uses
when not In harmony with the Intent and purpo.e of thl. ..cllon.
In evaluatlns en application for condltlnnal u.., tha board and
commi..ion .hall con.lder lha elTect of the propo.ed use nn the
generel health, .afety end welfare of the community end make
written flndins. c_rtlfylns thet .atl.reelory provi.ion he. been
made concerning the foUowjns ltandarda, where applicable:
1. JOlreslI and egresl to the subject property and
proposed Itructures thereon. with particular reference
to automobile and pedestrian .afety and conven-
Ience. traffic now and control, and aceeaa In call of
nre or cata.trophe.
2. Ofr..treet parkins and loadlns are.. where required.
with particular attention to the items in aub38ction
D.l. above, and the economR. clare, noise. and odor
eUecta th. condlllonal u.e will have on .djacent and
nearby properlle., and the city a. a whola.
3. Re(ule and aervi<:e anas, with particular reference to
the Item. In .ub.ecllon 0.1. and 0.2. .bov..
4. Utllill.., with rererence to I""atlnn., availability, anll
compallbUlty.
5. Screening, buffering and landscaping with reference to
type, dimensions, and character.
6. Sign.. and propnoed 81terlor IIShtinS. with reference Lo
glare. traffic safety, economic effect, and compatibility
Bnd harmony with adjacent and nearby properties.
7. Required setback. dnd other open .pa..a.
8. General compatibility with adjacent properti... and
other propatty In the znnlns dlatrict.
9. Height nf buildinga and .tructure.. with rererence to
competlblllty and harmony Lo adjacent and neerby
propertlea, and the city.. a whole.
10. Economic elTects on eollacent end naarby propartlea. and
the city.. a whola.
11. Conformanca to the .tendenhl and requirements "jhleh
apply tn .ite plana, as eel rorth In Chapter 19. ArtIcle U or
Ihe CI\y of Boynlnn Beach Code nf Ordl"anc...
12. Compliance with, and abateme"t of "ulea..... end haz.rd.
in a..ordance with the performe..ce atandarda eeetion" of
the zoning regulation.; allo, conCor.aanee to tbe City of
Boynton Beach Nol.. Control Ordinance.
-~,~-~
CHAPTER 4
SITE PLAN REVIEW
Section 7.
Submission Requirements.
Each applicant shall submit to the Planning and Zoning Department the
following plans and exhibits in the number of copies specified by the
Planning and Zoning Department, together with a Site Plan Review application
and a fee adopted by resolution by the City Commission.
12 ASSEMBLED COPIES REQUIRED
A. Existina site characteristics maD:
months, showing all adjacent streets,
illustrating:
1.
A sealed survey, not older than six
alleys and driveways, and also
Existing natural features, including but not limited to lakes,
trees and other vegetation and soils and topography.
Existing buildings, building elevations, other structures,
2.
including use, height, dimensions and setbacks.
3. Existing utility lines and all easements.
4. Existing elevations (corner, street and finished floor)
B. Site develoDment Dlan:
1. A scaled drawing clearly illustrating proposed buildings and
other structures, and any existing buildings and structures
which are to be retained, including use, height, dimensions
and setbacks.
2. Proposed off-street parking spaces, driveways and sidewalks,
including location, dimensions and setbacks, traffic control
markings and signage.
3. Proposed fences and walls, including location, dimensions,
setbacks, height and material.
4. Proposed location of lighting on site.
5. Proposed dumpster location.
Planning and Zoning Department - Rev. 3/18/97
S:IPLANNINGISHAREDIWPIFORMSIAPPSINWSPISITEPLAN. WPD
C. Landscape olan:
1. A separate scaled drawing (at the same scale as the site
development plan) prepared as required by state law clearly
illustrating proposed trees, shrubs, grass and
2. Proposed berms, watercourses and other topographic features.
3. A notation on method of irrigation.
Architectural olan:
1. A scaled drawing clearly illustrating proposed building floor
plan and elevations, including height, exterior dimensions,
exterior color and materials.
2.
A colored elevation drawing
(not mounted)
showing all
elevations of the building. (This submittal can be waived by
the Planning and Zoning Director when not applicable.)
E. Tabular Smnmarv Containina:
1. Total gross project area by acreage and square footage and net
buildable land area in acres and square feet.
2.
Total number of proposed residential units,
including
characteristics by number of bedrooms and bathrooms and gross
square footage of each typical unit.
3. Proposed nonresidential floor type of use and total gross
square footage.
4. Square footage and percentage distribution of the total
proj ect site, including areas proposed for landscaped open
space, vehicular use areas, other paved areas, and building
coverage and total coverage.
5. Number and ratio of required and provided off-street parking
spaces and number of loading spaces.
6. Water bodies in acres and square feet.
7. Height of buildings.
Planning and Zoning Department - Rev. 3/18/97
S:IPLANNINGISHAREDlWPlFORMSIAPPSINWSPISITEPLAN. WPD
F. Drainaqe ~lan:
1. A separate scaled drawing (at the same scale as the site
development plan) showing elevations, flow arrows, proposed
drainage structures, proposed treatment facilities, etc.
2. An engineer's certification in writing that drainage will
conform with all rules, regulations, codes, etc. including,
but not limited to, Chapter 6, Article IV, Section 5 of these
Land Development Regulations.
Planning and Zoning Department - Rev. 3/18/97
S:\PLANNINGISHAREDlWPIFORMS\APPSINWSPISITEPLAN.WPD
------"._~---".,,-~. - ---"-
STEAK 'N' SHAKE
BOYNTON BEACH, FLORIDA
DRAINAGE CALCULA nONS
NOV. 4, 1998
PREPARED BY
FLORIDA ENGINEERING AND ENVIRONMENTAL
SERVICES, INe
~
;1(1;{14#
STEAK 'N' SHAKE
BOYNTON BEACH, FLORIDA
SITE DATA:
TOTAL SITE AREA = L083 AC.
EXFILTRATION CALCULATION:
L=V /K(H2W+2H2Du-Du^2+2H2Ds)+{1.39XI 0^-4) W du
WHERE
V = TREATMENT VOLUME = 0.54 AC-IN
L = LENGTH OF TRENCH
W = WIDTH OF TRENCH (4')
K ~ 4A9XIO^-5 (FROM SOILS REPORT)
H2=5'
Du=4'
05=0'
L = 54/4.49XIO^-5(20+40-16)+L39XIO^-4(20)
L= 113'
THEREFORE USE A MINIMUM OF 113 LF. OF 4' EXFIL TRA nON TRENCH
~dI-~
11f III!
'.....-1
A\...msol~ ad Products Company
SteakhSbake: InC.
sooCantury-.g
38 SOuIh r.........snm
~IN_
(317)833-(1110
September 2. 1998
Michael A. Schroeder, Esq.
Sc:hroedcr & Lan:hc. PA
Anomcys at Law
One Boca Place
Sui1ll319-Alrium
2255 Glades Road
Boca Raton. FL 33431-73838
.P-i-il~ - (561) 241-1798
& lJ.& MaH tOfPlf
BE: Ser:tit>>t 5.1.2 p"rt:IuJu tlIId StIU ~nU
SWlc " SIulU, I"e. cI MtIlI CIH7let'. I"c.
Dear Mike:
Pursuant to my letta' to you dated Iuly IS. 1998, this letter is in,,,,,ded to memorialize the agreed.
intelpteCation of Section '.1.2. of the above-refemJced agreement It is my understanding that Steak n
Shake and Mall Comer bavc agreed that the finish floor elevation for only the building implOVemcnlll upon
the property sha11 be IS.7 feet. The mlIIIinder of the property need not conform to the elevation
requirements in 5.1.2. If this ill ~lc to you. please sign the acknowJr'1lgJn""t below and return a copy
of this letter to my attention. If this is """~table to you. please contact either Don Silver or me so that
we may resolve the matlIlr. Thank you.
Sincere1y,
%8";12
Tbosnas Ice. Jr.
SIlIft' AttolO,,>,
DEe - tl i998
,
I
,
L~/
TlIcac
By
cc:
JllD1CS E. Richmond
Don Silver
Acknowledged and agn:ed upon this~ of \J ~
.1998.
B
I
L CORNER. INC.
,
SCHROEDER AND LARCHE. P.A.
ATTORNEYS AT LAW
ONE BOCA PLACE, SUITE 319 - ATRIUM
2255 GLADES ROAD
BOCA RATON, FLORIDA 33431-7383
TELECOPIER (561) 241-0798
BOCA RATON (561) 241-0300
BROWARD (954) 421-0878
co[py
TELECOPIER TRANSMITTAL SHEET
BILLING NO:
0397-003
(317) 633-4106
TELECOPY NO:
TO:
Thomas Ice, Jr., Esq.
FROM:
Michael A. Schroeder, Esq.
Steak 'n Shake, Inc./Mall Corner, Inc.
November 9, 1998
RE:
DATE:
SPECIAL INSTRUCTIONS:
See attached.
TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: r5l---
ORIGINAL TO FOLLOW: NO
CONFIDENTIAr.rTY NOTE
THE INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS LEGALLY PRIVILEGED AND
CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED
ABOVE _ IF THIl READER OP THIS 'l'R1\NSMISSION IS NOT TlIE INTENDED RECIPIENT. YOU ARE IlEREBY
NOTIFIED TltAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS TRANSMISSION IS
STRICTLY PROHIBITED.IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE
IMMEDIATELY NOTIFY US BY COLLECT TELEPHONE CALL AND RETURN THE ORIGINAL TIt:\NSMISSION
TO US AT THE ADDRESS ABOVE VIA U.S. """II.. THANK YOU
IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL (561) 241-0300
AS SOON AS POSSIBLE
OUR TELECOPIER NUMBER IS, (561) 241-0798
(J,\7\CLIENTS\WINCHEST\MALLCORN\ICE.FAX
,
tOf1f
AGREEMENT FOR PURCHASE AND SALE
This Agreement for Purchase and Sale, is made and entered into
by and between STEAK 'n SHAKE, INC., an Indiana corporation,
(hereinafter referred to as the "Purchaser") and MALL CORNER, INC.,
a Florida corporation (hereinafter collectively referred to as the
"Seller") ;
WIT NEE T H:
1. DEFINITIONS. The following terms as used herein shall
have the following meanings:
1.1 "Acceptable Site Plan" approved by Seller in
accordance with Section 5.1.1 below and in accordance with which
the Real Property is to be developed and which may not be amended
or modified after submittal for government approval without Sellers
prior written consent, which consent shall not be unreasonably
withheld or delayed.
1.2 "Aareement" - this instrument, together with all
exhibits, addenda and proper amendments hereto.
1.3 "ClosinG Date" - the date which is fifteen (15) days
following satisfaction of the conditions set forth in Section 5.3
below but in no event later than one hundred ninety-five (195) days
after the Effective Date.
1.4 "Current Funds" - wired funds through the federal
reserve system, a cashier's check, or a check drawn against the
trust account of Purchaser's attorney, provided the checks are
drawn on a bank or savings and loan having offices in Palm Beach
County, Florida.
1.5 "Deposit" - all amounts paid by Purchaser as earnest
money deposits hereunder, together with all interest, profits and
accumulations earned or accrued thereon.
1.6 "Due DiliGence Period" - the period commencing on
the Effective Date and ending one hundred twenty (120) days
thereafter, during which Purchaser shall conduct all due diligence
Purchaser deems necessary or appropriate including, without
limitation, with respect to environmental, title, survey, soils,
Board of Directors approval, concurrency, governmental regulation,
zoning and land use matters other than obtainment of the
"Government Approvals".
1.7 "Effective Date" the effective date
Agreement shall be the date upon which the Purchaser,
Seller have executed and delivered this Agreement.
of this
and the
1.8 "Escrow AGent" - Chicago Title Insurance Company,
located at Florida C & I Service Center, 390 N. Orange Avenue,
Suite 150, Orlando, Florida 32801-1902.
1.9 "Government Aporovals". All approvals and permits
from governmental authority required for utilization of the
Property for a twenty-four (24) hour restaurant facility with
drive-thru service, including but not limited to grading and zoning
approvals, location improvement permits, variances, special
exceptions, building and sign permits and curb-cut, driveway access
or access control permits and South Florida Water Management and
Health Department permits and Site Plan approval.
1.10 "Permitted Exceotions" - those exceptions set forth
on the title insurance commitment which are not objected to by
Purchaser pursuant to Section 8.2 hereof and real estate taxes for
the year in which the closing takes place.
1.11 "prooerty" - all of the property to be transferred
and conveyed by Seller to Purchaser under this Agreement, as more
fully described in Section 2.1.
1.12 "Purchase Price" the
Purchaser to Seller for the purchase of
Section 3.
amount to be paid by
the Property pursuant to
1.13 "Real prooertv" - the Property.
1.14 "Restrictive Covenant" - the Restrictive Covenant
pertaining to the development of the Property, as more fully
described in Section 5.1 hereof.
1.15 "Site Plan Aooroval" - final approval of Purchaser's
site plan for the Property by the City of Boynton Beach, Florida.
2. SALE AND PURCHASE. In consideration of the mutual
covenants herein contained, and other good and valuable
consideration, Seller agrees to sell and convey to Purchaser and
Purchaser agrees to purchase from Seller, on the terms, covenants
and conditions hereinafter set forth, the property hereinafter
described.
2.1
Boynton Beach,
Exhibit "A"
"Property") .
Real PrOl;>erty. Certain real
Palm Beach County, Florida and
attached hereto (the "Real
property located in
legally described on
Property" or the
3. PURCHASE PRICE AND METHOD OF PAYMENT FOR PROPERTY.
3.1 Purchase Price. The purchase price shall be Six
Hundred Fifty Thousand Dollars ($650,000.00) plus an amount equal
to Six Dollars ($6.00) per square foot for every square foot being
purchased by Purchaser in excess of forty thousand five hundred
eighty (40,580) square feet (the "Purchase Price"). The actual
square footage of the Real Property in excess of forty thousand
five hundred eighty (40,580) square feet shall be as certified to
Purchaser and Seller by a licensed surveyor.
2
3.2 Payment of Purchase Price.
3.2.1 Initial Deposit. The amount of Five
Thousand Dollars ($5,000.00) shall be delivered to the Escrow Agent
on the Effective Date of this Agreement as an initial Deposit
payment. The Deposit (and all payments on account thereof),
together with all accrued interest thereon shall be a credit to the
Purchaser against the Purchase Price and applied as a payment on
account thereof at closing.
3.2.2 Second Deposit. In the event Purchaser
does not terminate this Agreement pursuant to Section 4 hereof,
then no later than three (3) business days after the last day of
the Due Diligence Period, an additional amount of Forty-five
Thousand Dollars ($45,000.00) in Current Funds shall be delivered
by the Purchaser to the Escrow Agent as the second Deposit.
3.2.3 Balance of Purchase Price. On the Closing
Date, Purchaser shall pay to the Seller as cash due at closing, by
Current Funds, the balance of the Purchase Price, subject to all
adjustments, credits (whether for the Deposit or interest earned
thereon, or otherwise), and prorations as herein provided. The
Escrow Agent shall disburse at closing to the Seller, the Deposit,
together with all accrued interest thereon.
4. DUE DILIGENCE.
4.1 Due Diliqence Period. During the Due Diligence
Period, Purchaser and its agent shall have the right to enter upon
the Property to examine same, and to perform any and all
inspections, tests, systems analysis and surveys with respect
thereto or to any port ion thereof as Purchaser may, in its
discretion, deem necessary to fully advise itself as to the
condition and suitability of the Property. Purchaser agrees to
provide to Seller, at Purchaser's sole cost and expense, copies of
all inspection reports and other items of due diligence with
respect to the Property including, without limitation, soil tests,
environmental audits, surveys, and traffic studies. Purchaser
shall submit copies of the foregoing to Seller within thirty (30)
days after Purchaser's receipt of same. Purchaser shall use
reasonable efforts to cause all items of due diligence to be
certified to both Purchaser and Seller so long as this may be
accomplished without additional expense to Purchaser.
4.2 Documents to be Delivered bv Seller. Within five
(5) business days after the Effective Date, Seller shall deliver to
Purchaser copies of the most recent survey, title insurance policy
and environmental audit, if any, in Seller's possession with
respect to the Property. These materials are being made available
to Purchaser as an accommodation and without recourse, warranty or
representation and Seller shall have no liability or obligation
with respect to same. It is incumbent on Purchaser to conduct its
own investigation with respect to the subject matter of these
3
materials and Purchaser, knowingly, voluntarily and irrevocably
waives any claim against Seller with respect to these materials and
any reliance it may choose to place upon them.
4.3 Purchaser's ResDonsibilitv. Notwithstanding
anything in this Agreement to the contrary, any investigation with
respect to the Property performed by Purchaser or its agents prior
to closing shall be performed at the sole risk and expense of
Purchaser and Purchaser shall be solely responsible for the acts
and omissions of Purchaser's agents brought on, or to, the Property
by the Purchaser. In the event, the Purchaser or Purchaser's
agents cause any physical damage to the Property, Purchaser shall,
at its sole expense, promptly pay for the restoration of same.
4.4 Indemnification. Purchaser hereby agrees to
indemnify and defend Seller and hold Seller harmless from and
against any and all claims, demands, loss, damage, expense and
liability, including reasonable attorneys' fees and costs, for
nonpayment for services rendered to Purchaser by mechanics,
laborers or materialmen, or for injury or death to persons or
physical damage to property arising from or as a result of any act
or omission of Purchaser or Purchaser's agents in connection with
the investigation or examination of the Property. Purchaser is not
the agent of Seller and shall have no authority to incur or cause
any lien or encumbrance to be placed upon the Property or to incur
any liability or obligation on behalf of Seller. The foregoing
provisions of this Section shall survive the closing or early
termination of this Agreement.
4.5 Purchaser's Riqht to Terminate. In addition to any
other rights of Purchaser under this Agreement, at any time prior
to the expiration of the Due Diligence Period (time being of the
essence), Purchaser shall, by giving written notice to Seller and
Escrow Agent, have the right, at its sole discretion, and with or
without cause, to terminate this Agreement and receive the return
of the Deposit. If Purchaser terminates this Agreement pursuant to
this Section, the Escrow Agent shall return the initial deposit to
Purchaser as provided herein and shall not be required to obtain
Seller's consent or approval prior thereto. If Purchaser does not
give such notice of termination to Seller prior to the expiration
of the Due Diligence Period, Purchaser shall be deemed to have
wai ved this right to terminate the Agreement pursuant to this
Section 4.5.
5. DECLARATION OF EASEMENTS AND RESTRICTIVE COVENANT:
GOVERNMENT APPROVALS AND CONDITIONS TO PURCHASER'S OBLIGATION TO
CLOSE.
5.1 Declaration of Easements and Restrictive Covenants.
5.1.1 Restrictive Covenant. Purchaser
acknowledges that a principal of Seller is the owner of land
adj acent to the Property and therefore has an interest in the
4
manner in which the Property is developed. Purchaser shall submit
its proposed site plan to Seller not later than seven (7) days
prior to the Site Plan Submittal Date referred to in Section 5.2
below. Seller shall have three (3) business days within which to
review the proposed site plan and, in writing, either approve it or
provide Purchaser with those revisions Seller reasonably requires
to make the site plan acceptable to Seller. Seller shall not
unreasonably withhold, delay or condition its approval. Should
Seller fail, within said three (3) business day period, to either
approve or disapprove the proposed site plan, Seller shall be
deemed to have approved it. The site plan as approved by Seller
pursuant to this paragraph is hereinafter referred to as the
Acceptable Site Plan. Should Seller raise objection to the
proposed site plans, the parties shall use reasonable, good faith
effort to resolve Seller's objection and reach prompt agreement
with respect to the proposed site plan and, if necessary, the Site
Plan Submittal Date shall be extended for a period of up to seven
(7) days to permit additional time for the parties tv do so.
Purchaser shall submit the Acceptable Site Plan for government
approval, shall not materially modify same without Sellers prior
written consent, which consent shall not be unreasonably withheld
or delayed and shall develop the property in accordance with same.
Reasonable grounds for Sellers refusal to consent to any site plan
modification shall include, but not be limited to, concerns by
seller that the site plan for the Property not provide for the
construction on the Property of any structure of more than a
single-story or with a height in excess of twenty-two (22) feet
above grade level. To satisfy these concerns, the parties agree to
execute at closing, and to record, as a first lien upon the
Property, in the Public Records of Palm Beach County, Florida, a
declaration of easements and restrictive covenants (the
"Restricti ve Covenant") pertaining to the development, ownership
and use of the Property and setting forth these restrictions.
5.1.2 Drainaae and Retention Easement. The
Restrictive Covenant shall likewise cause to be created and
established in favor of Purchaser, a nonexclusi ve, perpetual
drainage and retention easement within which the Seller shall cause
the storm water drainage lines, referr~d to in Section 5.3 below as
a portion of Seller's Work, to be located. The easement shall at
all times be sufficient to meet the requirements of applicable
governmental authority with respect to drainage and retention for
Purchaser's intended use of the Property as a single story
restaurant with drive-thru service provided and so long as the
finish floor elevation for the improvements upon the Property shall
be 15.7 feet. The drainage and retention easement shall be located
upon the property of third parties who shall have the right to
relocate the easement at their discretion subject to the
requirements of this paragraph. The relocation of the easement
shall, however, be at said third party's sole cost and expense and
shall comply with all requisite government requirements and
approvals. In such event, the Purchaser shall have the right to
review and approve the plans and specifications for the new
5
drainage facilities, which approval shall not be withheld or
delayed so long as such relocation does not (i) interfere with the
ongoing business operations on the Property or (ii) prevent the
continuous drainage of water flowing from the Property and
otherwise complies with the requirements of this Section. Upon
completion of construction of the new drainage facilities, the
party relocating same shall deliver an as-built survey to the owner
of the Property and the parties involved shall execute an
appropriate amendment to the Restrictive Covenant terminating the
old easement and creating a new easement in the location to which
the drainage facilities had been or are to be relocated. The
Restrictive Covenant shall further provide that the easement rights
granted to Purchaser shall be nonexclusive and that others shall be
permitted to connect their own drainage facilities or otherwise use
the drainage facilities contemplated hereby for drainage and water
retention for other properties.
5.1.3 Form of Restrictive Covenant. Purchaser
and Seller further agree to negotiate the terms of the Restrictive
Covenant in good faith, taking into account the concerns of Seller
set forth in this Section 5.1. Purchaser acknowledges that the
Restrictive Covenant shall run with the land, and Purchaser's
agreement to execute such Restrictive Covenant is a material
inducement for Seller's entering into this Agreement. In the event
Seller and Purchaser have not agreed on the form and content of the
Restrictive Covenant on or before the 30th day following the
Effective Date, either Seller or Purchaser may terminate this
Agreement (if such terminating party is not otherwise in default
hereunder) If the Agreement is terminated by either Seller or
Purchaser pursuant to the preceding sentence, Purchaser shall
receive a refund of the Deposits.
5.2 Application for Site Plan Approval. Purchaser
agrees to file a completed application for Site Plan Approval and
to pay all fees in connection therewith no later than one hundred
twenty (120) days after the Effective Date (the "Site Plan
Submittal Date"). Purchaser shall deliver to Seller, no later than
the Site Plan Submittal Date, evidence that it has filed its
completed application and paid all fees in connection therewith.
Purchaser further agrees that it will pursue the Site plan Approval
in good faith and with due diligence. In the event Purchaser has
not filed a completed application for Site Plan Approval and paid
all fees in connection therewith prior to the Site Plan Submittal
Date, Seller may terminate this Agreement by giving written notice
thereof to Purchaser and Escrow Agent, whereupon Purchaser shall be
deemed in default hereunder and Seller shall be permitted to
exercise its rights set forth in Section 18.1 hereof. Seller
agrees to cooperate with the Purchaser and to execute all documents
reasonably required to obtain Site Plan Approval, provided,
however, that Seller's agreement to cooperate shall be without cost
or expense to Seller.
6
5.3 Conditions to Purchaser's ObliGation to Close.
Purchaser's obligation to close hereunder is conditioned upon the
following: (a) Purchaser having obtained the Government Approvals.
In the event Government Approvals are not obtained prior to the
date which is one hundred eighty (180) days after the Effective
Date (the "Government Approval Date"), Purchaser may, if Purchaser
is not otherwise in default hereunder, terminate this Agreement by
giving written notice thereof to Seller and Escrow Agent no later
than the Government Approval Date, whereupon Purchaser shall
receive a refund of all Deposits; (b) prior to closing, Seller
shall, at Seller's sole cost and expense (i) cause to be brought to
the Property line, storm water drainage lines connected to a storm
water retention area complying with the requirements of Section
5.1.2 above and water and sewer service which comply with the
requirements of government authority and are of sufficient capacity
to serve Purchaser's intended use and available for connection and
use without payment of any charges or assessments other than usual
and customary connection fees and service charges; (ii) cause the
Property to be brought to an average elevation of not less than
thirteen feet five inches (D'S") utilizing fill of a quality
customarily used in Palm Beach County, Florida for such purposes in
conjunction with developments similar to Purchaser's proposed use,
but Seller shall have no obligation with respect to compaction.
Seller's obligations under subsection (b) above are hereinafter
referred to as "Seller's Work". Seller's obligation under this
paragraph with respect to bringing storm water, water and sanitary
sewer to the property line shall be deemed satisfied if those
facilities are located within five (5') feet of the property line
and lie within easements that abut the Property.
5.4 Seller's Work. Should Seller not have completed
Seller's Work at or prior to closing, Seller shall furnish evidence
to Purchaser that Seller has obtained all necessary authorizations,
permits and approvals to construct and complete Seller's Work.
Should Seller fail to furnish such proof after making good faith
diligent effort to do so, Purchaser shall have the option to
terminate this Agreement and, provided Purchaser is not otherwise
in default hereunder, to obtain a full refund of all deposits paid,
or to extend the closing date for a period of up to sixty (60) days
during which Purchaser may attempt to obtain such approvals and
permits, rights and authorizations as may.be necessary to construct
and complete Seller's Work. If either Seller or Purchaser
thereafter obtains the requisite permits and approvals, the parties
shall proceed to closing and there shall be placed in escrow from
the closing proceeds an amount equal to one hundred twenty (120%)
percent of the reasonably estimated costs to complete Seller's
Work. In the event of such an escrow, should Seller not complete
Seller's Work within thirty (30) days after closing extended to the
extent delayed by matters beyond Seller's reasonable control,
Purchaser shall have the option, but not the obligation, to
terminate Seller's right to complete the work, in which event
Purchaser may complete the work and shall be entitled to
reimbursement of the reasonable costs of same from the escrowed
7
funds. Upon completion of the work in accordance with the
requirements of applicable governmental authority, Seller shall be
entitled to any funds remaining in the escrow account after the
costs incurred in performing such work have been paid. Should the
escrowed funds prove insufficient to pay the reasonable cost to
complete Seller's Work, Seller shall, within thirty (30) days
following written demand therefore accompanied by evidence to
support the amount claimed, pay the requisite additional reasonable
cost.
6. REOUIREMENTS TO PROCEED BEYOND THE DUE DILIGENCE PERIOD.
Purchaser's right to proceed under this Agreement beyond the Due
Diligence Period is subject to the following requirements:
(i) Purchaser shall not have given notice of termination prior to
the expiration of the Due Diligence Period; (ii) the payment by
Purchaser of the second Deposit in the amount of Forty-five
Thousand Dollars ($45,000.00); and (iii) Seller and Purchaser
having agreed, in writing, to the terms of the Restrictive
Covenant.
7. CLOSING. The parties agree that the closing on the
Property shall be consummated on the Closing Date as follows:
7.1 Place of ClosinG. The closing shall be held at the
offices of Escrow Agent, in Orlando, Florida, and may be conducted
by mail if the parties so desire.
7.2 Instruments of Convevance. At closing, Seller shall
deliver, or cause to be delivered, to Purchaser the following
documents, each fully executed and acknowledged as required:
7.2.1 Statutorv Warrantv Deed. A Statutory
Warranty Deed conveying good and marketable fee simple title to the
Property, subject only to the Permitted Exceptions.
7.2.2 Affidavit. An Affidavit with respect to
mechanics' liens and parties in possession, in form acceptable to
Purchaser, sufficient to permit a title insurer to delete the
"Mechanics' Lien" and "Rights or Claims of Parties in Possession"
exceptions from the title insurance policy, and stating that the
Property is free and clear of all liens, encumbrances, lease,
licenses, contracts or claims of rights, which claims may serve as
the basis of a lien or charge against the Property, whether due to
services, material or labor supplied for the benefit of or
delivered to the Property.
transfer
Internal
7.2.3
certificate
Revenue Code.
FIRPTA Affidavit.
in accordance with
A FIRPTA non-foreign
Section 1445 of the
7.2.4 ClosinG Statement. A closing statement
setting forth the Purchase Price, Deposits and all credits,
8
defense of such claims or demands. The terms of this Section shall
survive the closing.
15. NO REPRESENTATIONS OR WARRANTIES OF SELLER. Purchaser
acknowledges that Seller is not making and has not at any time made
any warranties or representation of any kind or character, express
or implied, with respect to the Property including, but not limited
to, any warranties or representations as to habitability,
merchantability, fitness for a particular purpose, physical or
environmental condition, governmental approvals or regulations or
otherwise. Purchaser acknowledges that it has not relied upon and
will not rely upon, either directly or indirectly, any
representation or warranty of Seller with respect to the Property
except as specifically set forth in this Agreement. Purchaser will
conduct such investigations of the Property, including, but not
limited to, the physical and environmental condition thereof, as
Purchaser deems necessary to satisfy itself as to the condition of
the Property and the suitability of same for Purchaser's intended
use. Purchaser will rely solely upon such investigation and not
upon any information provided by or on behalf of Seller. Upon
closing, Purchaser shall assume the risk that adverse matters may
not have been revealed by Purchaser's investigations and, upon
closing, Purchaser hereby waives, relinquishes and releases Seller
from and against any and all claims, demands, causes of action
(including causes of action in tort), losses, damages, liabilities,
costs and expenses (including attorneys' fees and court costs) of
any and every kind or character known or unknown, which Purchaser
might have asserted or alleged against Seller at any time by reason
of or arising out of any physical or environmental conditions,
violations of any applicable laws and any and all other matters
regarding the Property.
16. NOTICES: All notices required by this Agreement shall be
hand delivered to the other party or mailed by certified mail,
return receipt requested, postage prepaid, when transmitted by
facsimile evidenced by a confirmed receipt, provided a confirmatory
mailing in accordance herewith is also made or if duly sent by an
established and recognized overnight delivery service, addressed in
accordance herewith and which requires a receipt upon delivery, tc
the address set forth below, or to such other address as the
parties may hereafter specify in writing:
16.1 Seller:
Mall Corner, Inc.
P.O. Drawer 1240
Boynton Beach, Florida 33435
Attn: Mr. Bill R. Winchester
Facsimile No. (561) 732-3993
With a copy to:
Michael A. Schroeder, Esq.
Schroeder and Larche, P.A.
One Boca Place, Suite 319-A
2255 Glades Road
Boca Raton, Florida 33431-7313
Facsimile No. (561) 241-0798
12
16.2 Purchaser:
Steak 'n Shake, Inc.
500 Century Building
36 South Pennsylvania Street
Indianapolis, IN 46204
Attn: Vice President, Real
Estate
Facsimile No. (317) 656-4500
With a copy to:
Steak 'n Shake, Inc.
500 Century Building
36 South Pennsylvania Street
Indianapolis, IN 46204
Attn: General Counsel
Facsimile No. (317) 633-4106
17. INTENTIONALLY OMITTED.
18. DEFAULT.
18.1 Purchaser Default. If Purchaser fails to perform
any of the covenants of this Agreement or otherwise defaults
hereunder, Seller shall provide Purchaser with written notice
describing such default. If Purchaser fails to cure the default
within ten (10) days after receipt of written notice, Seller's sole
and exclusive remedy shall be the right to terminate this Agreement
and to receive and retain the deposit. The deposit shall be deemed
to constitute agreed upon and liquidated damages and not a penalty.
Purchaser's right to notice of default and opportunity to cure as
set forth above shall not apply to Purchaser's obligation to close
on the closing date or to perform its obligations under this
Agreement required to be performed on that date with respect to all
of which time shall be of the essence.
18.2 Seller Default. If Seller fails to perform any of
the covenants of this Agreement or otherwise defaults hereunder,
Purchaser shall provide Seller with written notice describing the
default. If Seller fails to cure the default within ten (10) days
after receipt of written notice, Purchaser as its sole and
exclusive remedy may either (i) seek specific performa~ce of this
Agreement without regard to whether Purchaser would have available
to it an adequate remedy at law; (ii) elect to receive a refund of
its deposit; or (iii), in the alternative, pursue an action for
damages against Seller, it being irrevocably understood and agreed,
however, that in no event shall Purchaser be entitled to recover an
amount in excess of Fifty Thousand Dollars ($50,000.00) in the
aggregate and Purchaser hereby knowingly, voluntarily and
irrevocably waives the right to collect, recover or pursue any
amount in excess of same and acknowledges that its agreement to
this limitation on recoverable damages is a material inducement to
Seller's entry into this Agreement. Purchaser shall not be
entitled to pursue any other remedies, including without
limitation, an action for damages. Any provision of this Section
to the contrary notwithstanding, however, should Seller, in
violation of the provisions of this Agreement, not meet its
obligation to close hereunder as a result of having voluntarily
13
adjustments and prorations between Purchaser and Seller and the net
cash to close due Seller.
7.2.5
Department of Revenue
Real Property.
Department of Revenue Return. The Florida
Return for Transfer of Interest in Florida
7.2.6 Restricti ve Covenant.
Covenant described in Section 5.1.
The Restrictive
7.2.7 Additional Documents. Such additional
documents as may be reasonably required by Purchaser to consummate
the sale of the Property to be conveyed under this Agreement.
7.3 Possession. At closing, Seller shall deliver full,
complete and exclusive possession of the Property.
7.4 Purchaser's ObliGations.
shall deliver to Seller the following:
At closing, Purchaser
7.4.1 Balance of Purchase Price. The required
payment due as cash due at Closing as provided elsewhere herein.
7.4.2
resolution of Purchaser
by this Agreement and a
Coroorate Documents. A corporate
authorizing the transactions contemplated
current Certificate of Good Standing.
7.4.3 Restricti ve Covenant.
Covenant described in Section 5.1 hereof.
The Restrictive
7.4.4 Additional Documents. Such additional
documents as may be reasonably required by Seller or the title
insurer to consummate the transactions contemplated under this
Agreement.
8. EVIDENCE OF TITLE..
8.1 Deliverv of Title Insurance Commitment. Within
forty-five (45) days after the Effective Date of this Agreement,
the Purchaser shall obtain from Chicago Title Insurance Company an
owner's title insurance commitment agreeing to issue to the
Purchaser, upon the recording of the Warranty Deed to the Property,
an owner's marketability title insurance policy in the amount of
the Purchase Price insuring the marketability of the fee title of
the Purchaser to the Property. The cost of said commitment and
policy and any premium therefor shall be borne by Purchaser.
8.2 Purchaser's Review of Title Insurance Commitment.
The Purchaser shall have twenty (20) days after receipt of the
title insurance commitment and copies of all exceptions and the
survey referenced in Section 12 below to review same. In the event
the title insurance commitment shall show as an exception any
matter which renders title to the Property unmarketable, Purchaser
9
shall notify Seller of Purchaser's objection thereto. Within five
(5) days after receipt of any title objection from Purchaser,
Seller shall notify Purchaser whether Seller elects to cure such
title defect. If Seller elects not to cure such title defect, then
Purchaser shall, within three (3) days of notice from Seller,
either (a) agree to take title as is without any reduction in the
Purchase Price or (b) terminate the Agreement by giving written
notice thereof to Seller, with a copy to Escrow Agent, in which
event Escrow Agent shall immediately, without further authorization
or direction, refund the Deposit to Purchaser, together with all
accrued interest thereon, and the parties shall be relieved of all
further obligation hereunder. If Seller elects to attempt to cure
such title defects, Seller shall be entitled to thirty (30) days
from the date of notification by Purchaser within which to cure
such defects. If the defect(s) shall not have been so cured and
removed from the commitment by endorsement thereto at the
termination of the said thirty (30) day period, Purchaser shall
have the option of: (a) accepting title to the Property as it then
exists, or (b) terminating this Agreement by giving written notice
thereof to Seller, with a copy to Escrow Agent, in which event
Escrow Agent shall immediately, without further authorization or
direction, refund the Deposit to Purchaser, together with all
accrued interest thereon, and the parties shall be relieved of all
further obligation hereunder.
8.3 Action Subseauent to Effective Date. From and after
the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the
Property, and shall record no documents in the Public Records which
would affect title to the Property, without the prior written
consent of Purchaser.
9. EXPENSES.
9.1 Purchaser Expenses. Purchaser shall pay at the time
of closing the cost of recording the deed of conveyance and all
costs and premiums associated with the title insurance to be issued
in conjunction with this transaction.
9.2 Seller Expenses.
expenses at closing:
Seller shall pay the following
9.2.1 Documentarv Stamps. Documentary
required to be affixed to the deed of conveyance.
Stamps
9.2.2 Real Estate Commissions. Any real estate
commissions payable by Seller pursuant to this Agreement.
9.2.3 Restrictive Covenant. Cost to record the
Restrictive Covenant contemplated by Section 5.1.1 above.
9.3 Attornevs' Fees. The Seller and Purchaser shall
each pay its own attorneys' fees.
10
10. PRORATIONS. All taxes on the Property shall be prorated
as of the Closing Date, based upon the current year's tax bill, if
available, or if not available, the tax bill for the prior year.
In the event the prior year's tax bill is used, the taxes shall be
reprorated between the parties upon receipt of the tax bill for the
current year.
11. ASSESSMENTS. Certified municipal liens and pending
municipal liens for which work has been substantially completed as
of the date which is one hundred twenty (120) days after the
Effective Date shall be paid by the Seller and other pending liens
shall be assumed by the Purchaser.
12. SURVEY. Within sixty (60) days from the Effective Date,
Purchaser shall obtain and provide to Seller, at Purchaser's
expense, a current survey of the Property prepared by a Florida
registered surveyor and certified to the Purchaser and its
attorneys, Seller and the title insurer. The survey shall indlcate
the total acreage and square footage of the Property. Any
encroachments or other defects which are revealed by the survey
shall constitute title defects and shall be treated as same in
accordance with Section 8.1 of this Agreement.
13. CONDEMNATION. In the event that all or any material part
of the Property necessary for Purchaser's development of the
Property as a retail center shall be acquired or condemned for any
public or quasi-public use or purpose, or if any acquisition or
condemnation proceedings shall be threatened or begun prior to the
closing of this transaction, Purchaser shall have the option to
either terminate this Agreement, in which event, provided Purchaser
is not otherwise in default hereunder, the Escrow Agent shall
return to Purchaser all Deposits, together with accrued interest
thereon, and the obligations of all parties hereunder shall cease,
or to proceed, subject to all other terms, covenants and conditions
of this Agreement, to the closing of the transaction contemplated
hereby and receive title to the Property, receiving, however, any
and all damages, awards or other compensation arising from or
attributable to such acquisition or condemnation proceedings.
Purchaser shall have the right to participate in any such
proceedings.
14. REAL ESTATE BROKER. Seller and Purchaser each represent
and warrant to the other that they have not dealt with any real
estate broker, salesman, agent or finder in connection with this
transaction other than Rauch, Weaver, Millsaps and Company,
commission payable to which shall be paid by Seller provided the
transaction contemplated hereby closes. Wi thout limiting the
effect of the foregoing, each party agrees to indemnify, defend and
save the other harmless from the claims or demands of any other
real estate broker claiming to have dealt with the indemnifying
party. Such indemnity shall include without limitation the payment
of all costs, expenses and attorneys' fees incurred or expended in
11
defense of such claims or demands. The terms of this Section shall
survive the closing.
15. NO REPRESENTATIONS OR WARRANTIES OF SELLER. Purchaser
acknowledges that Seller is not making and has not at any time made
any warranties or representation of any kind or character, express
or implied, with respect to the Property including, but not limited
to, any warranties or representations as to habitability,
merchantability, fitness for a particular purpose, physical or
environmental condition, governmental approvals or regulations or
otherwise. Purchaser acknowledges that it has not relied upon and
will not rely upon, either directly or indirectly, any
representation or warranty of Seller with respect to the Property
except as specifically set forth in this Agreement. Purchaser will
conduct such investigations of the Property, including, but not
limited to, the physical and environmental condition thereof, as
Purchaser deems necessary to satisfy itself as to the condition of
the Property and the suitab~lity of same for Purchaser's intended
use. Purchaser will rely solely upon such investigation and not
upon any information provided by or on behalf of Seller. Upon
closing, Purchaser shall assume the risk that adverse matters may
not have been revealed by Purchaser's investigations and, upon
closing, Purchaser hereby waives, relinquishes and releases Seller
from and against any and all claims, demands, causes of action
(including causes of action in tort), losses, damages, liabilities,
costs and expenses (including attorneys' fees and court costs) of
any and every kind or character known or unknown, which Purchaser
might have asserted or alleged against Seller at any time by reason
of or arising out of any physical or environmental conditions,
violations of any applicable laws and any and all other matters
regarding the Property.
16. NOTICES: All notices required by this Agreement shall be
hand delivered to the other party or mailed by certified mail,
return receipt requested, postage prepaid, when transmitted by
facsimile evidenced by a confirmed receipt, provided a confirmatory
mailing in accordance herewith is also made or if duly sent by an
established and recognized overnight delivery service, addressed in
accordance herewith and which requires a receipt upon delivery, tc
the address set forth below, or to such other address as the
parties may hereafter specify in writing:
16.1 Seller:
Mall Corner, Inc.
P.O. Drawer 1240
Boynton Beach, Florida 33435
Attn: Mr. Bill R. Winchester
Facsimile No. (561) 732 -3993
With a copy to:
Michael A. Schroeder, Esq.
Schroeder and Larche, P.A.
One Boca Place, Suite 319-A
2255 Glades Road
Boca Raton, Florida 33431-7313
Facsimile No. (561) 241-0798
12
16.2 Purchaser:
Steak 'n Shake, Inc.
500 Century Building
36 South Pennsylvania Street
Indianapolis, IN 46204
Attn: Vice President, Real
Estate
Facsimile No. (317) 656-4500
with a copy to:
Steak 'n Shake, Inc.
500 Century Building
36 South Pennsylvania Street
Indianapolis, IN 46204
Attn: General Counsel
Facsimile No. (317) 633-4106
17. INTENTIONALLY OMITTED.
18. DEFAULT.
18.1 Purchaser Default. If Purchaser fails to perform
any of the covenants of this Agreement or otherwise defaults
hereunder, Seller shall provide Purchaser with written notice
describing such default. If Purchaser fails to cure the default
within ten (10) days after receipt of written notice, Seller's sole
and exclusive remedy shall be the right to terminate this Agreement
and to receive and retain the deposit. The deposit shall be deemed
to constitute agreed upon and liquidated damages and not a penalty.
Purchaser's right to notice of default and opportunity to cure as
set forth above shall not apply to Purchaser's obligation to close
on the closing date or to perform its obligations under this
Agreement required to be performed on that date with respect to all
of which time shall be of the essence.
18.2 Seller Default. If Seller fails to perform any of
the covenants of this Agreement or otherwise defaults hereunder,
Purchaser shall provide Seller with written notice describing the
default. If Seller fails to cure the default within ten (10) days
after receipt of written notice, Purchaser as its sole and
exclusive remedy may either (i) seek specific performa~ce of this
Agreement without regard to whether Purchaser would have available
to it an adequate remedy at law; (ii) elect to receive a refund of
its deposit; or (iii), in the alternative, pursue an action for
damages against Seller, it being irrevocably understood and agreed,
however, that in no event shall Purchaser be entitled to recover an
amount in excess of Fifty Thousand Dollars ($50,000.00) in the
aggregate and Purchaser hereby knowingly, voluntarily and
irrevocably waives the right to collect, recover or pursue any
amount in excess of same and acknowledges that its agreement to
this limitation on recoverable damages is a material inducement to
Seller's entry into this Agreement. Purchaser shall not be
entitled to pursue any other remedies, including without
limitation, an action for damages. Any provision of this Section
to the contrary notwithstanding, however, should Seller, in
violation of the provisions of this Agreement, not meet its
obligation to close hereunder as a result of having voluntarily
13
conveyed the fee title to the Property to a third party, Purchaser
may at its election maintain an action for compensatory (but not
consequential) damages against Seller.
19. SEVERABILITY. If any provision or any portion of this
Agreement, or the application to any person or circumstance shall,
to any extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such provision or portion thereof
to any other person or circumstance shall not be affected thereby
and each provision of this Agreement shall be valid and enforceable
to the fullest extent permitted by law and equity.
20. TIME OF THE ESSENCE. Time is of the essence with respect
to each provision of this Agreement which requires that action be
taken by either party within a stated time period, or upon a
specified date.
21. ASSIGNMENT. This Agreement may not be assigned by the
Purchaser, without the Seller's prior written consent, which may be
withheld in Seller's sole discretion.
22.
prepare
and all
PREPARATION OF DOCUMENTS. Seller's attorney, shall
the warranty deed, Seller's affidavit, closing statements
other closing documents.
23. ATTORNEYS' FEES AND COSTS. In connection with any
litigation, arising out of this Agreement, the prevailing party,
whether Purchaser or Seller, shall be entitled to recover all costs
incurred, including reasonable attorneys' fees for services
rendered in connection with such litigation, including post-
judgment, bankruptcy and appellate proceedings.
24. APPLICABLE LAW: JURISDICTION AND VENUE. This Agreement
shall be governed by and construed in accordance with the laws of
the State of Florida.
25. JURISDICTION AND VENUE. Each of the parties irrevocably
and unconditionally: (a) agrees that the exclusive venue for any
suit, action or other legal proceeding arising out of or relating
to this Agreement shall be in the courts of record of the State of
Florida in Palm Beach County, Florida; (b) consents to the
jurisdiction of each such court in any such suit, action or
proceeding; (c) waives any objection which it may have to the
laying of venue of any such suit, action or proceeding in such
courts and hereby knowingly, voluntarily and irrevocably submits
itself to the jurisdiction of those courts as to matters arising
out of or concerning this Agreement.
26. CAPTIONS. The descriptive captions contained herein are
for convenience only and shall not control or affect the meaning or
construction of any provision hereof.
27. INTEGRATION. This Agreement constitutes the entire
agreement between the parties hereto in respect of the subj ect
14
matter hereof
agreements,
understandings
and supersedes any and all other written or oral
representations, documents, memoranda, and
between the parties relating to such subject matter.
28. BINDING EFFECT. This Agreement shall be binding upon,
and shall inure to the benefit of, the parties hereto and their
respective legal representatives, successors and permitted assigns.
29. LIKE-KIND EXCHANGE. Purchaser acknowledges that Seller
may desire to structure the transaction contemplated by this
agreement as a like-kind exchange. Purchaser agrees to cooperate
with Seller in this regard and execute any and all documents
required to structure the transaction as a like-kind exchange.
30. NO INTERPRETATION AGAINST DRAFTER. This Agreement is a
result of negotiations between the Purchaser and Seller and is not
to be construed more strongly against one party than the other.
31. "AS IS" PURCHASE. In the event Purchaser satisfies the
conditions enabling the Purchaser to proceed beyond the Due
Diligence Period as set forth in Section 6, the Purchaser shall be
deemed to have accepted the Property in its "as is" condition, and
shall be unconditionally obligated to close the transaction
contemplated by this Agreement; subject, however, to the
satisfaction of the conditions set forth in Section 5.3 hereof and
to seller not otherwise being in default hereunder.
32. AGREEMENT NOT RECORDABLE. Neither this Agreement, nor
any notice of it, shall be recorded in the Public Records of Palm
Beach County, Florida.
33. RADON GAS. Pursuant to Section 404.056(7), Florida
Statutes, the following notification regarding Radon Gas is hereby
made and all parties executing this Agreement acknowledge receipt
of this information:
"Radon Gas": Radon is a naturally occurring
radioactive gas that, when it has accumulated
in the building in sufficient quaLtities, may
present health risk to persons who are exposed
to it over time. Levels of radon that exceed
Federal and State Guidelines have been found
in buildings in Florida. Additional
information regarding radon and radon testing
may be obtained from your County Public Health
Unit.
34. COUNTERPARTS. This Agreement may be executed by one or
more of the parties to this Agreement on any number of separate
counterparts and all of said counterparts taken together shall be
deemed to constitute one and the same instrument. Confirmation of
execution by telex or by telecopy facsimile signature page shall be
binding upon any party so confirming or telecopying.
15
35. AMENDMENTS AND WAIVERS. The provlslons of this Agreement
may not be amended, supplemented or changed orally, but only by a
writing signed by the party to whom enforcement of any such
amendment, supplement or modification is sought and making specific
reference to this Agreement. No waiver of any provision of this
Agreement shall be effective unless it is in writing and signed by
the party against whom it is inserted. Any such written waiver
shall be applicable only to the specific instance to which it
relates and shall not be a continuing waiver.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed in their respective names, on the dates set forth
below.
PURCHASER:
STEAK 'n SHAKE, INC.
::, In4~j:n:r ~
.JA1'"'\"~ f;. R \.:.l-l~OJl.>\)
Print Name of Person Signing
Its: 1I1C.C rfl.G3/vGtolT
Date of execution: l_h.9~
16
SELLER:
MALL CORNER, INC.,
a Florida corporation
By, ti!t.(J;~
Its: President
Date of execution: '?-'?-9?
JOINDER
The undersigned hereby joins in the Agreement solely for the
purpose of acknowledging its obligations as Escrow Agent hereunder,
its agreement to hold and disburse deposits paid to it in
accordance with the provisions hereof and to acknowledge receipt of
Purchaser's initial deposit in the amount of Five Thousand Dollars
($5,000.00) .
CHICAGO TITLE INSURANCE COMPANY
By:
Its:
Date of Execution:
(J:\7\CLIENTS\WINCHEST\MALLCORN\AGREEME4.STE 06/16/96 0397-003 SJ)
17
EXHIBIT "A"
LEGAL DESCRIPTION OF REAL PROPERTY
A portion of Lot 42 of Subdivision of Section 19, Township 45
South, Range 43 East, as recorded in Plat Book 7, Page 19, of the
Public Records of Palm Beach County, Florida, less the South 320.00
feet and less the North 20.0 feet for road right of way and being
more particularly described as follows:
Commencing at the northeast corner of said Lot 42, thence ruIl along
the east line of said Lot 42 on an assumed bearing of South 010
06'03" east a distance of 20 feet to a point of interesection of
the south right of way line of Old Boynton Road and the west right
of way line of Winchester Park Boulevard as now exists, said point
also being the point of beginning; thence continue south 010 06'03"
east along said west right of way line of Winchester Park Boulevard
a distance of 243.08 feet; thence south 89009'06" west a distance
of 307.55 feet to a point on the west line of said Lot 42; thence
north 01000'33" west along the west line of said Lot 42, a distance
of 124.60 feet; thence north 89050'16" east a distance of 139.90
feet; thence north 01000'33" west a distance of 127.53 feet to a
point on the said south right of way line of Old Boynton Road;
thence north 89050' 16" east along the south right of way line a
distance of 167.26 feet to the Point of Beginning less the west
89.90 feet thereof.
The Real Property shall be more particularly described pursuant to the survey
referenced above in Section 12.
'ITY OF BOYNTON BEACH, FLORI[
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLICATION
FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE
Application Acceptance Date:
Fee Paid:
Receipt Number:
This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning
Department. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans
including a recent survey and appropriate fee shall be submitted with the application for the initial process of the
Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED.
Please print legibly (in ink) or type all information.
I. GENERAL INFORMATION
1. Project Name Boynton Reach - Stpak'n o::h""",,
2. Applicant's name (person or business entity in whose name this application is made):
Steak'n Shake, Inc.
Address:
2720 North Surnmerdale Drive, Clearwater, Florida 33761
(Zip Code)
Phone:
727/712-8816
Fax: 727/799-8522
3
Agent's Name (person, if any, representing applicant):
N/A
Address:
(Zip Code)
Phone:
Fax:
4.
Property Owner's (or Trustee's) Name: Steak'n Shake. Tnc.
Address: ?7?n 1\Tnrt-h ~lmlm~rn~l~ nrivCl
r.'p~~tpr. F'nr;n~
33761
(Zip Code)
Phone:
727/712-8816
Fax: 727/799-8522
5. Correspondence to be mailed to agent only: if no agent, then to applicant unless a substitute
is specified below:'
Florida Engineering and EnvironmentalServices, Inc.
4519 Georae Road, Suite 130. Tampa.FT. ::l::lfi::l4
'This is the one address to which all agendas, letters and other materials will be mailed.
6. What is applicant's interest in the premises affected? (owner. buyer, lessee, builder, developer.
contract purchaser, etc.)
(n..rnClr
street. ad:lress or kaltirn of site:_ Not yet :J.DEligned ~ ..501]tb,,,,,,,,j- ,-.nrn",r nf'
010 Boyntnn R.-" and W;nches~~r Park Blvd.
8
Property Control #
Legal description of site.
See attached.
9. Intended use(s) of $,te: nrhTa._....hrl'/~i t- nnum ~ hQn ~ P rp~t;:mr;:mt- tn ~ npen
24 hours a day/7 days a week.
10
Developer or Builder:
Out for biddinq
11. Architect: Beaman Associates
12. Landscape Architect: Robin Rebeck
13. Site Planner. Florida Engineering and Environmental Services, Inc.
14. Engineer: Florin::::a t:'n'J-in.cu:::Ior-in'J ::ant4 l<'n'lrirnnma.nt;:::al ~pnri"'P1=:r Tnt""'.
15. Surveyor. Campbell Sllrv~y;n\l I;. Mawina of Brevard, Inc.
16. Traffic Engineer: Links & Associates, Inc.
17. Has a site plan been previously approved by the City Commission for this property? No
18. Estimated construction costs of proposed improvements shown on this site plan:
~];ld;ng - Apprnx;mat~ly $1RO.OOO/Site - Aooroximatelv $150,000
II SITE DATA
The following information must be filled out below and must appear, where applicable, on all copies of the site
plan.
1.
2.
3
4.
Land Use Cateqorv shown in the Comprehensive Plan
Zoninq District I'"'l
Area of Site 1.083 acres
Land Use -- Acreaqe Breakdown
T~;:::a' Rpt;:::a;l ~nmmpr,..i;:::al
47, 175
sq. It
a.
Residential, including
surrounding lot area
of grounds
acres
% of site
b.
Recreation Areas'
(excluding water area)
% of site
acres
c.
Water Area
acres
% of site
d.
Commercial
OR"'l
acres ~% of site
e.
Industrial
acres
% of site
f
Public/Institutional
acres
% of site
g.
Public, Private and
Canal rights-of-way
acres
% of site
h.
Other (specify)
% of site
acres
Planning and Zoning Department - Rev. 3/18/97
IICHIMAI NISHRDA T A IPLANN I NGISHAREDlWPIFORMSIAPPSINWSPISITEPLAN. WPD
I.
Other (specify)
acres
% of site
J.
1 otal area of site 1.083 acres 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 0.085 acres
area ("building footprint")
7.8 % of site
b
Water area
acres
% of site
c. Other impervious areas, including paved area of public & private streets, paved area of parking
lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts
0."7 acres "1 q % of site
d.
Total impervious area 0.7,)"Pcres "q 7
% of site
e.
Landscaped area
n ?L13 acres n 5 % of site
inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of
Landscape Code).
f.
Other landscaped areas,_ acres
% of site
g.
Other pervious areas, including golf course, natural areas, yards, and swales, but excluding
water areas acres % of site
h. Total pervious areas Q.2.43acres n.') % of site
I. Total area of site 1.083 acres 100 % of site
6 Floor Area
a. Residential sq. ft.
b Commercial/Office 'l ?qC; sq. ft.
c. I ndustrial/Warehouse sq. ft.
d. Recreational sq. ft
e. Publicllnstitutional sq. ft.
f Other (specify)
sq. ft.
g. Other (specify)
sq. ft.
h. Total floor area 3,295 sq. ft.
Planning and Zoning Department - Rev. 3/18/97
\\CHIMAI NISH RDA T A IPLANNINGISHAREDlWPIFORMSIAPPSINWSPISITEPLAN.WPD
7 Number of Residential DW^"nq Units
a.
Single-family detached
sq ft.
b
Duplex
sq. ft.
c Multi-Family (3 + attached dwelling units)
(1) Efficiency dwelling units
(2) ., Bedroom dwelling units
(3) 2 Bedroom dwelling units
(4) 3+ Bedroom dwelling units
d.
Total multi-family
dwelling units
e. Total number of dwelling units
8.
dwelling units per acre
Gross Densitv
9.
Maximum heiqht of structures on site 19' -1 "
feet 1
stories
10.
Required off-street parkinq
a. Calculation of required
number of off-street
parking spaces
b.
Off-street parking spaces
provided on site plan
51
54
Planning and Zoning Department - Rev. 3/18/97
\\CHIMAI NISHROA T A IPLANNINGISHAREDlWP\FORMSIAPPS\NWSPISITEPLAN. WPD
ill CERTI-~:C,; Tl0N
i1) (We) understand that this application and all papers and plans submitted herewith become a
part of the permanent records of the Planning and Zoning Department (I) (We) hereby certify that
the above statements and any statements or showings in any papers or plans submitted herewith
are true to t est of ( ) (0 r) knowledge and belief This application will not be accepted unless
sioned a e . uctions below.
~ ~
9-;1''1-1'1'18
Signature of Owner(s) or Trustee, of
Authorized Principal if property is owned by
a corporation or other business entity.
Date
IV. AUTHORIZATION OF AGENT
I>l/)l
Signature of Authorized Agent
Date
(I) (We) hereby designate the above signed person as (my) (our) authorized agent in regard to this
application
Signature of Owner(s) or Trustee,
or Authorized Principal if property is owned
by a corporation or other business entity.
Date
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review Schedule
Date Received
Technical Review Committee
Planning & Development Board
Community Appearance Board
City Commission
Date
Date
Date
Date
Stipulations of Final Approval:
Other Government Agencies/Persons to be contacted:
Additional Remarks:
Planning and Zoning Department - Rev. 3/18/97
IICHIMAINISHRDA T A IPLANNI NGISHAREDlWPIFORMSIAPPSINWSPISITEPLAN .WPD
FLORIDA ENGINEERING & ENVlh.,.,NMENTAL SERVICES
[l,~1T1T~tm (ID[f 1Trn~~~~01T1T~[l,
4519 George Road Surte 130
Tampa, FIot1da 33834
Tel (813) 880-91011
Fax (813) 880-9055
JOB NO.
698'- () 29,07
".
TO
CITY Or JgoY'NrotJ 8eFlcfl
/00 E GOYA./7()A/ E~cH $LVJ:>.
gCJYA/ro;J !1€J4cH. 1=""L, 33'-1ZS-03Io
I
&.
.,.J
h
>
WE ARE SENDING YOU 14 Attached 0 Under separate cover via ,rliD E X
the following items:
o Shop drawings
o Copy of letter
o Prints
o Change order
)if Plans
o
o Samples
o Specifications
COPIES DATE NO. DESCRIPTION
/2 r -Z8-98 SETS OF PLANS
THESE ARE TRANSMITTED as checked below:
)i{ For approval
o For your use
o Approved as submitted
o Approved as noted
o Resubmit_copies for approval
o Submit_copies for distribution
> 0 As requested 0 Returned for corrections 0 Return_corrected prints
o For review and comment 0
o FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS CNCl.05ft ?LE'l.5E FlAlD@ /2 SE. rs of Pt-~AlJ rdf( ..sITE .?t~A/
Jr~vllEW'. / SITE PLAN Ri:VIE.w A/JPl.ICArlO"; (J) c*, roeJ7s~~ FoR
:H,E Pu4N ,(!E.VIEI.,j FIEFS
COPY TO
SIGNED: L C~
"enclosures .I'lJ not as nottld, kindly noIly us at onot. /
FLORIDA ENGINEERING & ENVlh~""MENTAL SERVICES
[b[[iTiT[t~ (])[f iTrm~~~!K1lo'j]''j]'~[b
4519 GOCl<JlII Road Surte 130
Tampe, Florida 33834
Tel (813) 880-9108
Fax (813) 880-9055
ATTIlNTIOH
M'C~",eL
STE//K '
JOB NO
C 98-oZ'l.07
.,
TO
ClrY Or IfdYNTi1N &4ct1
/00 E SdrA/TO.,w C~14CJ.f }!,LI//:),
ScJYNTDA/ K~I4c.H.;:-t. J~'IZ5-o3/o
,
>
WE ARE SENDING YOU )( Attached 0 Under separate cover via FED IE J(
o Shop drawings 0 Prints K Plans 0 Samples
o Copy of letter 0 Change order 0
the following items:
o Specifications
COPI ES DATE NO. DESCRIPTION
I 9-Z'"f-98 SeT of 'Pt:.AN.<:
THESE ARE TRANSMITTED as checked below:
>
I)( For approval
o For your use
o As requested
o For review and comment
o FOR BIDS DUE
REMARKS lENao.s~D PL~.sE
WlEif OMITTED FRo~
SlENr 7D You/C /J-FrLCe
o Approved as submitted
o Approved as noted
o Returned for corrections
o
o Resubmit_copies for approval
o Submit_copies for distribution
o Return_corrected prints
19
o PRINTS RETURNED AFTER LOAN TO US
riN/) / SET Or 't:A-N f" mAr
,-I-!€ SIft:: AtAN I?tEl/IC.lA/ A4CJ1I4GtE
Yes T7!E:KPAY ~y v.s
COPY TO
SIGNED: L r #
11 enclosurtts a,. not as noted. kifldly natty us at onq/'
PRE-APPLICATION TRACKING LOG
PRE-APPLICATION MEETING
Date: 7/16/98
Time: 3:00 PM
PURPOSE OF APPLICATION: Build Steak and Shake Restaurant
PROJECT NAME: STEAK AND SHAKE RESTAURANT
Attending Staff: Mike Rumpf, Bob Donovan, Ken Hall & Ed Yates
Attending for Applicant: Hank Kirkland
Phone: (813) 880-9106
Name of Owner: Mall Corner, Inc. Florida Corp.
Address: % Schroder & Larche
2255 Glades Rd. Ste # 319
Boca Raton, FL 33431-7383
Phone: (561) 241-0300 Fax:
Name of Applicant/Contact: Hank Kirkland
Address: 4519 George Rd. Ste. # 130
Tampa, FL 33634 Fax: (813) 880-9055
Phone: (813) 880-9106 Project Address: SW Corner Winchester Park Blvd. & Old Boynton Beach Rd.
PCN: 08-43-45-19-05-042-0012
Phone: I Fax:
Tvne of Annlication:
Type of Business:
Date Submittal Received:
Date Accented:
I Date Denied:
COMMENTS:
- Loadinp zone needs to be marked.
- Monument sipn requested
_ Advised to evaluate closely architectural factors of neighbor by projects for
conformity.
_ Drive throu!!h facin!! ri!!ht of wav, to be rotated to turn awav.
_ Advised to directly contact utilities and DPW for answers re: water lines and
dumnster location
PRE-APPLICATION TRACKING LOG
PRE-APPLICATION MEETING
Date: 7/16/98
Time: 3:00 PM
PURPOSE OF APPLICATION: Build Steak and Shake Restaurant
PROJECT NAME: STEAK AND SHAKE RESTAURANT
Attending Staff: Mike Rumpf, Bob Donovan, Ken Hall & Ed Yates
Attending for Applicant: Hank Kirkland
Phone: (813) 880-9106
Name of Owner: Mall Corner, Inc. Florida Corp.
Address: % Schroder & Larche
2255 Glades Rd. Ste # 319
Boca Raton, FL 33431-7383
Phone: (561) 241-0300 Fax:
Name of Applicant/Contact: Hank Kirkland
Address: 4519 George Rd. Ste. # 130
Tampa, FL 33634 Fax: (813) 880-9055
Phone: (813) 880-9106 Project Address: SW Corner Winchester Park Blvd. & Old Boynton Beach Rd.
PCN: 08-43-45-19-05-042-0012
Phone: I Fax:
Tvpe of Application:
Type of Business:
Date Submittal Received:
Date Accepted:
I Date Denied:
COMMENTS:
c~~.Q.' $Z"-<. . co
~...
-~
J:\SHRDA T A \Development\PRE-APPLlC A nON TRACKING LOG FORM.doc
~-
f!I4w-ICG . \ 6
\P+c
~~
-
PRE-APPLICATION TRACKING LOG
PRE-APPLICATION MEETING
Date: 7/16/98
Time: 1 :30 PM
PURPOSE OF APPLICATION: Build Housilll! Develonment
PROJECT NAME:
Attending Staff: Mike Rumpf, Bob Donovan, Ken Hall & Ed Yates.
Attending for Applicant: Marilou Gonzalez / Julian Bryan & Assoc.
Phone: (561) 338-0395 Mobile Phone: (561) 702-4276
Name of Owner: James T. Bisesi / Gene B. Glick Co., Inc.
Address: P. O. Box 40177
Indianapolis, Indiana 46240
Phone: Fax:
Name of Applicant/Contact: Marilou Gonzalez / Julian Bryan & Assoc.
Address: 756 St. Albans Dr.
Boca Raton, FL 33486
Phone: (561) 338-0395 Fax: (561) 838-5996)
Mobile Phone: (561) 702-4276
Project Address: SW Corner of Minor & Congress Ave. - Melear PED
Phone: I Fax:
Tvne of Annlication: Maior Modification to Master Plan & New Site Plan
Type of Business:
Date Submittal Received:
Date Accented:
I Date Denied:
COMMENTS:
J:\SHRDA T A \Deve!opment\PRE-APPLlCA nON TRACKING LOG FORM.doc
~
I~
I
I
I ~
I :
iii
!I
II
!ill :
~ -
I
I
I
I :
I
I
I -
I .
I
I
I
~~ HI"
~ :1:1
!25 aa
~ ~h
~ liilii ~
o~ jli$:
::: ~~
!,." a~
01. ..s:?
~ ll:~
~ ~~
Ii ~~
fl
~
I I I
w
w
Ii.! 11 I I
~.j III I I
;:)
! .:~ i I I I
.'J
:1 'I I I
J
I II I I
:~
.'] i I I~I
:';1 i I Iii
I~I I~I
I!I I~I
>1
~ I I I
2
I I I
sr~
~r
~ih
rim
:'"'''~..'''' .' ,O~~11~6'..~-""""" .....
. .,.,... . . ,;.",.",..".,_,,', ,;... . ..-L
..;..../
--- ---- /
------ ~
~ -=-=- -=-=- - WlDESTERPAlKlKXlE'IA/l) - - - - - ~
------==================-~~
-- - ~
----------- - - - ~
_______ III
------.......... i!
"
o
..
1~IHl~.\lll: I :.HI11111 i i liTIIIII: I:
1111111:III~illlll;I~I~llllllllill~~ I
:llaa~!i~~i! ~8Ei ~;i!lliii~~~5:::'
i 2 .Ii: -i _ !...~555 !.~i
i v . Ii · i rni ~I
-----.....
I I I
1s~..~ UH~
I
I I I I
I
I I I I
I
I I I I
;0
C'l
-<
C'lC'l
Zx
-< -
-(j)
0-<
Z-
Z
)>C">
;0
C'l
)>
I
I
I
I
I
I
I
_z
SITE
PLAN
_ c&>...cfib aJPLOIIDl.1II<<lINIIERIII ::.-- ~-- -~- -,-
~l"m -- '" Ii~
BOYNTON BEACH. fL. '-'=-.::.::--==-.:.- :;':::!il"
~.::;:'..- - -
"
PI
III
e-P
C:IJI.B
~I
f81m1
CP
.
March 19, 1998
Mr. Mike Rumpf
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
Re: SWC Old Boynton & Winchester
Dear Mike:
j'-';"""olidated Products Company
Steak hShake: Inc.
500 Century Building
36 South Pennsylvania Street
Indianapolis, IN 46204
(317)633.4100
!99b )
Thank you very much for talking with me earlier today.
Per our conversation, I have enclosed one of our Restaurant Profiles which I
believe displays the kinds of items you and I were discussing.
Assuming our transaction progresses we will be looking forward to working
with you.
Thank you very much again.
Very truly yours,
~/~
Donald B. Silver
Manager, Real Estate
DBS/crm
Enc!.
c; ~ 'v z t 701 cJe
. /~, ! /
Ll'~t~L7~ '~/~ ~l
juo"1 l"0'>L-...L (" t,
TI H -
fO"-,. yo~~ ;lt~)' r""...~........t'n1
-j" ( -r<,.:, '" .'~ c...~,~ :+
J _5..:-.-'\ s..,..~Q
~~ f!fj ofb-
~< .ll.':J 4 i
H.~ '-""''<;v J
&)'.~ "--
M~v re----fr,. ~
I :\ I (j..
i:o...:r.,<.','l" .( /
C<.."'M~
~.
~ _ ?' <C-r <c...........;.JJ._'
U' "-" =~ ~<=( p ((" . ",
'rhc 4- ~.t
. ?f:;"- -( ~rrdr' (0;".r.:.>~
-Iv Hi~'--k 1:Wif:c.~j,_,'-r:-,'_
Cr') ,L"-;J. ~,~ CL<l. i -l ;(,' c(
he: r~e I (</-~i.
-------
------~--
--
~
-.-
""-- '"' -."".I
Steak nShake
500 Century Building
36 S. Pennsylvania Street
Indianapolis, IN 46204
(317) 633.4] 00
Company Overview
Steak n Shake, a wholly owned subsidiary of Consolidated Products, Inc. (NYSE: COP), is one of the oldest
restaurant chains in the United States, founded in 1934 in Normal, Illinois. Steak n Shake serves the mid-
scale, casual dining segment of the restaurant industry, providing a core menu of steakburgers (made from
cuts of T-bone, strip and sirloin steaks), thin 'n crispy french fries and hand-dipped milkshakes. Additional
menu items include grilled chicken breast sandwiches, a variety of salads, homestyle soups and chili "
prepared six ways. Steak n Shake restaurants feature full service dining areas, counter service and drive-
thru windows. Food is prepared to the customer's order and served on china with flatware and glassware.
Almost all units are open 24 hours a day, seven days a week, and offer a breakfast menu.
Steak n Shake currently operates over 240 restaurants in Arkansas, Florida, Georgia, Illinois, Indiana, Iowa,
Kansas, Kentucky, Michigan, Mississippi, Missouri, North Carolina, Ohio, and Tennessee.
Site Criteria Desired
Building Specifications
Building Size: ................. 3690 sJ
Seating: ........................... 99 seats
Recommended Parking:60-65 spaces
Size: ........................................... approximately I acre (165 x 250:t)
Zoning: ....................................... Commercial, drive.thru, 24-hour restaurant
Traffic Count: ............................ 20,000 v.p.d. (preferred minimum]
3 mile population: ................... 30,000 or more
Median household income:... $35,000
Trade area description: .......... Regional retail with hotels, hospitals and theatres
Site Submission Procedure
Mail the above site criteria with the asking price and a map of the trade area showing location of site in
relation to identified major retailers and, if possible, a plat of subject property showing dimensions to scale
and an aerial photograph.
.',., ~'"' .'~. ~
,j"'''''1ii",-0',,~
., '..'>'.= '..
"'~', ~';;;'c'.~(\'ti.~~ ;; """ ' .
!;it'li '...",....". ".-'"
_....,.."-~-'>ilolo'. ," ,'<,.
___ lii"lJ"~I~"""'-'.'
- ""-'~,.....:.""W'i
'r~
,
TYPICAL 1.0 ACRE SITE DEVELOPMENT scale: 1 " - 30'
183'
) ~~ - - . UGHT POLE I
R15' I D. 18'
25'
R1~1
8'
DESIGN 97
99 SEATS
3.690 S.F.
Eo-<
~
~
~
Eo-<
r:n
>-
~
<
Q
Z
o
u
~
r:n
~ I hCHT POLE
61 PARKING
SPACES
I' 18' 25'
~o'
67'
I
varies
"
25
77'-0 1/2"
I[JIJ
LCu I
ID:I!JI
U [i I I
~T PO~.I ~
-18' ,
~O'
lyp
L 25' -.J
UGHT POLE
-
183' "- /
R15' R15'
MAJOR STREET
-----------_._~
16'
35'
..""..
..... .....
~fm~
DESIGN 97
.0.
REAR ELEVATION
~fm~
19"-'.
+ TOP OF WING
WALL FRAIIING
FRONT ELEVATION
~fm~
EiaJ
- ----------------
------------- -
------
----------------
- ----
- ------------ -
~~~ii~~~~~~~~~~~~~~~~~~
DRIVE-THRU SIDE ELEVATION
~fQ1~
DINING ROOM SIDE ELEVATION
r
I
I
I
I
I
I
I
L__
DRIVE - THRU
WINDOW
w
47'-11 1/2'
----------------- ------1------------- -
ELECTRICAL
,
. I
,/ I
-- I
BACK
PREP
UTILITY
DISHWASH
UEN
FOUNTAIN
,
,
.
-_ I
. I
\ I
I
.
N
-....
WAITRESS
o
I
....
"
DESIGN 97
3.690 SQ. FT.
99 SEATS
FLOOR PLAN
,
,
,{'
--~-/..
..'
----.---..,-
Since 1934.
.
r--
I
I
I
I
I
I
I
1..
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
o
o
DRlVE- THRU
WINDOW
w
47'-11 1/2"
------,------------- -
,
, I
, I
...../ I
BACK
PREP
UTILITY
UEN
fOUNTAIN
,.........
l
I
" I
\ I
I
.
'"
'-
WAITRESS
o
I
;...
.....
I.
I
I
I
I
I
I
I
I
I
FLOOR PLAN
DESIGN 97
3.690 SQ. FT.
99 SEATS
,--
...,....
Steak n Shake Signage
'0"1"
B-ader Balli II
j}
I
..,.
Standard
:!
51
Double Faced Pole Signs
Steak n Shake utilizes a family of double faced pole signs to
meet specific location needs. These displ!l}'S range from a
lowlevel ground sign to various sizes and heights of pole sign
as per the foDowing:
Ground Sign 5'-1' x 5'-1' wiS' skirt
Pole Sign 7'-4'h" x 7'-4'h" Projection Mt. - 30 ft.
Pole Sign S'-4'h" x S'-4'h" Projection Mt. - 30 ft.
Pole Sign S'-4'h" x S'-4'h" Projection Mt. - 40 ft.
Pole Sign 1 G-1 'h" x 1 D~ 1 'h" Projection Mt. - 30 ft.
Pole Sign 1a -1'h" x 1a-1 W Projection Mt. - 40 ft.
Pole Sign 12'-0" x 12' -D'" Projection Mt. - 40 ft.
Pole Sign 15'-0" x 15'-D'" C.P,M.
Pole Sign 2D'-o" x 20'-0" C.P.M.
The pole signs from 7'-4%' x 7'-4%' to 12'-0" x 12'-D'" are
projection mounted to a steel pipe with an elbow and a non
structural decorative mast arm. Signs above this size are
usually center pole mountings.
Reader Board Signs
!!
E
~
..
:;;
Steak n Shake utilizes severaI cflfferent 1;'peS and sizes of
reader boards depending upon the situation. .
The small 7'-4v., square logo pole sign would utilize the 3'-3'
x 7'-1' reader board and the outside edge would align with
the outside edge of the 1.0. section.
The S'-4'h", 1G-1'h", and 12'-D'" square fogo pole signs
utilize the 3'-3"' x S'.1" reader board with the outside edge of
reader board and 1.0. sign aligning on the 8'-4'12' sign, while
the 1 G-1 '12" and 12'-0" signs WtlUld maintain the same
inside spacing off of the pole.
The 12'-0" pole sigq may also utilize the larger 5'-0" x 1 cr-1'
reader board.
A single faced building wall mounted reader board has also
been utilized where allowed by ordinance and where a pole
sign was not used (or where an elevation not served by the
pole sign warrants the reader board). The locations for
these displays and the eJecaical feeder line "'"'CeSsibility need
to be verified and approved by appropriate Steak n Shake
personnel.
"
"
37~
21'-6"
o .'
., ~
...
Building Sign
;,
~
"
III
~'):-!f.
.~~
~:1
<"'1
fl
.~t
*'
;;:;
~
~
~
,-~,
"I.~
:: >'
!: ~.
3'2"
Standard Directional Sign
~
"
'"
Ground Sign
.
. . .
. ...
.
.'
,.
,':(',
- -?f::: ~
---
Since 1934.
.
.
Department of Engineering
and Public Works
PO, Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
wwwco_palm-beach,fl us
.
Palm Beach County
Board of County
Commissioners
Maude Ford Lee. Chair
Warren H, Newell, Vice Chairman
Karen T Marcus
Carol A. Roberts
Mary McCarty
Burt Aaronson
Tony Masliotti
County Administrator
Robert Weisman
"An Equal Opportunity
4ffirmatlve 4ction Employer"
@ printed on recycled paper
January 19, 1999
r[~." r, l"~ ~ U 11 ~lrn
' 1, U
'IAN 2 '2." :
u__-.J
Mr. Michael Rumpf
City of Boynton Beach
Planning and Zoning Department
100 East Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
"I')
,,"--.,.----_..
RE: STEAK 'N SHAKE
TRAFFIC PERFORMANCE STANDARDS REVIEW
Mr. Rumpf:
The Palm Beach County Traffic Division has reviewed the traffic study for the
project entitled Steak 'N Shake pursuant to the Traffic Performance
Standards in Article 15 of the Palm Beach County Land Development Code.
The project is summarized as follows:
Location:
Municipality:
Proposed Use:
Trip Rate:
New Trips:
Buildout:
Old Boynton Beach Boulevard, west of Congress Avenue
Boynton Beach
Speciality Restaurant
357.58 trips per x, wi 41% pass.by
778 trips per day
2000
(3,690 sf)
(Lincks & Assoc. . '97)
Based on our review the Traffic Division has determined that the project
meets the Traffic Performance Standards of Palm Beach County. If you have
any questions regarding this review, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
~E
Senior Tra IC Engineer
cc: Andrea Troutman. P.E. - Pinder Troutman Consulting, Inc.
File: General" TPS " Mun . Traffic Study Review
h:\traffic\apf\tps\99002app.wpd" TAZ 486