LEGAL APPROVAL
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
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DEPARTMENT OF DEVELOPME Nl I
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
August 10,2006
Overni~ht Mail
David T olces, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Blvd., Ste. 200
Ft. Lauderdale, Florida 33308
RE: ESCROW INSTRUCTION LETTER:
Easement and Building Permit for
Congress Avenue Carwash Project
Our File No.: PAUM002
Dear David:
This letter will serve as escrow instructions with respect to the building permits to be issued
in the name of "Boynton Beach Carwash, LLC" for the project located on Congress Avenue in
Boynton Beach, Florida ("City") and which we refer to as the "Congress Avenue Carwash Project."
The Congress Avenue Carwash Project was approved by the City Commission as to a site plan on
February 21,2006 pursuant to a list of conditions, a copy of which is attached hereto as Exhibit "A"
(the "Conditions of Approval").
Enclosed, on behalf of my client, are the following oriqinal documents:
1. Cross-Access Agreement (the "Access Easement"). The Access Easement is fully
executed and with all exhibits attached.
2. Declaration of Agreement Not To Modify concerning Modification to Access Easement
("Modification Agreement") signed by my client requires the signature of the City. The
exhibit is attached. The Modification Aqreement is fully executed with all exhibits
attached.
3. Drainage Easement (the "Drainage Easement"). The Drainaqe Easement is fully
executed and with all exhibits attached.
It is also my understanding that all Conditions of Approval have been met except Condition
NO.8 (regarding the Palm Beach County Health Department permit), Condition No. 29 (regarding
the Access Easement) and Condition No. 31 (regarding the Drainage Easement). It is our
understanding that the Access Easement and Drainage Easement must be recorded in order to
satisfy Condition No. 29 and Condition No. 31 and that we must obtain a Palm Beach County Health
Department permit in order to satisfy Condition NO.8.
In order to record the Access Easement, Modification Agreement and Drainage Easement
(collectively the "Documents to be Recorded"), my client must own the property, which is the subject
of the Access Easement and Drainage Easement. In order to close on the property, one of the
O.\PAUM002\Escrow Instruction Letter. July 31. 2006.doc
David Tolces, Esquire
Page 2 of 2
August 10, 2006
conditions is a building permit that must be issued. By use of this escrow, my client will be able to
close on the property and therefore meet these Conditions of Approval as well as the Seller's
conditions of closing with my client.
Therefore, upon receipt of the fully executed Access Easement and Drainage Easement
provided to you in this letter, I understand that the City may then issue a building permit to be held in
escrow. The permit will continue to be held in escrow, until the recordation of the Access Easement,
Modification Agreement and Drainage Easement and receipt of the Palm Beach County Health
Department permit. Upon confirmation of the permit being placed in escrow, Weiner & Aronson, P.A.
shall arrange to pick up the Documents to be Recorded from you for the sole purpose of recording
same. Weiner & Aronson, P.A. shall record the Documents to be Recorded in the appropriate
sequence in the records of Palm Beach County, Florida and return to you certified copies showing
the date and time of recording. We shall then arrange to pick up the building permit from the City
after your receipt of the Palm Beach County Health Department permit.
In the event you are unable to inform us that: (i) the building permit is in escrow before
August 30, 2006; and (ii) that there are no other conditions to secure the release of the building
permit except for the recording of the Access Easement, Modification Agreement and Drainage
Easement, and obtaining the Palm Beach County Health Department permit, then in such case, you
are to continue to hold the Access Easement, Modification Agreement and Drainage Easement and
building permit in escrow, but please contact me for further instructions.
Please execute a copy of this letter and return it to me to indicate your acknowledgment of,
and agreement with, the terms and conditions of this letter. You are not in any event authorized to
release the Access Easement, Modification Agreement or Drainage Easement from escrow until: (i) I
have received by facsimile (with original to follow by U.S. Mail) a counterpart of this letter signed by
you; and (ii) the conditions for the release are met.
J
By my signature below, we are indicating our acknowledgement of and agreement to record
the Documents to be Recorded in the manner set forth above. Thank you very much for your
assistance in this matter.
\ . j
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V~ry tr~:Y'-ro,~,~. :,__ /
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\i~"" /th (~\...\..
_ '-" ./' N"I.
Miqhael S. We~er '
MSW:ek:vf'
Enclosures
Accepted and Agreed to this day of August, 2006
Goren, Cheraf, Doody & Ezrol, P.A.
By:
Its:
cc: Mr. Michael Rumpf (w/enclosures)
Mr. Mark Paulino (w/enclosures)
Mr. Anthony Pugliese (w/enclosures)
Henry Portner, Esquire (w/enclosures)
O:\PAUM002\Escrow Instruction Letter. July 31. 2006.doc
I.
This Instrument Prepared by and Return to:
Michael S. Weiner, Esquire
Weiner & Aronson, P.A.
102 North Swinton A venue
Delray Beach, Florida
DRAINAGE EASEMENT
THIS DRAINAGE EASEMENT ("Easement") is made this tlfl, day of I~ ,
2006, by BOYNTON PROPERTIES, LLC, whose mailing address is 101 Pineapple Grove Way,
Delray Beach Florida 33444 hereinafter the GRANTOR, to BOYNTON BEACH CAR WASH,
LLC, whose mailing address is 4036 Artesia Drive, Boynton Beach, Florida 33436, hereinafter
the GRANTEE;
WITNESSETH
WHEREAS, Grantor IS the current record owner of the property, more particularly
described in Exhibit "A";
WHEREAS, Grantee is the current owner of the property, more particularly described as
Exhibit "B" ;
WHEREAS, Grantee desires to acquire an easement for the purpose of installation and
maintenance of a drainage pipe and appurtenant drainage facilities on and through the property
more particularly described and depicted in Exhibit "C" ("Easement Property"), attached hereto
and incorporated herein by this reference; and
WHEREAS, Grantor is willing to grant an easement to Grantee for the aforesaid
purposes on the terms and conditions set forth hereinbelow.
NOW, THEREFORE, for and in consideration of the sum often dollars ($10.00) paid
by Grantee to Grantor, the covenants of Grantee herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does
hereby grant, and for and in consideration of the easement rights herein granted and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Grantee does hereby covenant and agree as follows:
1. It is understood and agreed by and between the Grantor and Grantee, that the
drainage lines and appurtenances of the Grantee, installed or located, or to be installed or
located under and through the Easement Property, shall at all times be underground and remain
the absolute property of Grantor, its successors, and assigns, and the right is hereby granted to
Grantee and its agents and employees to enter upon said Easement Property for the purpose of
excavating, inspecting, installing, repairing and/or removing said drainage line and related
appurtenances therefrom. Grantor will not construct any permanent improvements other than
paving or signage on the Easement Property without written permission from Grantee. Grantee,
at Grantee's sole cost, will restore the ground to its natural or existing condition as of the date
prior to any installation, construction, placement of, or any repair or maintenance work on said
O\PAlIM002\Drainage Esel11ent - 07-27-06A.rlf
drainage lines and equipment.
2. Operation and Maintenance.
a. The operation and maintenance of the drainage facilities described herein
and located within the Easement Property shall be the responsibility of the Grantee.
b. If Grantee fails to adequately maintain the drainage facilities located
within the Easement Property, and within fourteen (14) days after the date of written notice from
Grantor, fails to correct the maintenance problem, or fails to begin to clean, cure or correct such
problem within fourteen (14) days if such problem Call110t be reasonably cleaned, cured or
corrected within fourteen (14) days, and fails to diligently prosecute such cleaning, cure or
correction to completion, then Grantor may do so as provided herein. Notwithstanding the
foregoing, Grantor may, in the event of an emergency, as determined by Grantor in its sole
discretion, clean, cure or correct any damage caused by Grantee's failure to adequately maintain
the drainage facilities located within the Easement Property. The Grantee shall reimburse the
Grantor for the cost of such maintenance.
3. the terms, conditions, restrictions and purposes imposed by this Easement shall
be binding not only upon Grantor but also on their agents, personal representatives, heirs, assigns
and all other successors to their interest and shall continue as a servitude running in perpetuity
with the property subject to the Easement Property.
4. Grantee shall indemnify and save harmless the Grantor from any and all suits,
actions, claims, judgments, obligations, or liabilities of every nature and description which arise
from the use by Grantee of the Easement Property, respectively, or the construction, installation,
maintenance, repair or replacement or the surface water management drainage facilities
respectively.
5. This Easement only contemplates the drainage of surface water resulting from
natural rainwater and no use of the Easement Property shall be made for drainage of sewage,
industrial waste, or any hazardous materials.
6. In connection with any litigation, arbitration, or dispute arIsmg out of this
Easement, the prevailing party shall pay all attorneys' fees and costs.
7. Any party's waiver of any condition or provision of this Easement shall not be
construed as a waiver of any other application of that same condition or provision, nor as a
waiver of any other condition or provision herein.
8. This Easement shall be construed and interpreted in accordance with Florida law
and shall not be more strictly construed against one party than against the other by virtue of the
fact that it may have been physically prepared by one party.
9. In the event any term or provision of this Easement is determined to be illegal or
otherwise invalid, such provision shall be given its nearest legal meaning, or be construed as
deleted as such authority determines, and the remainder of this Easement shall be construed to
be in full force and effect.
O\PAUM002\Drainnge Esement - 07-27-06A.rtf
2
10. The parties agree to execute all future instruments and take all further action that
may be reasonably required by any party to fully effectuate the terms and provisions of this
Easement and the transactions contemplated herein.
11. This Easement supersedes any and all understandings and agreements between the
parties hereto whether oral or written, and this Easement represents the entire agreement between
the parties hereto with respect to the subject matter hereof. No representations or inducements
made prior hereto which are not included and embodied in the Easement shall be of any force
and effect. This Easement may be amended, altered or modified only by a written agreement
executed by the parties.
12. Any dispute relating to this Easement shall only be filed in a court of competent
jurisdiction in Palm Beach County, Florida, and each of the parties to this Easement submits
itself to the jurisdiction of such court.
13.
addresses:
All notices under this Easement shall be mailed to the following respective
Boynton Properties, LLC
101 Pineapple Grove Way
Delray Beach, Florida 33444
Boynton Beach Car Wash, LLC
4036 Artesia Drive
Boynton Beach, Florida 33436
All notices, consents or other instruments or communications provided for under
this Easement shall be in writing, signed by the party giving the same, and shall be deemed
properly given and received (a) when actually delivered and received personally, by messenger
service, or by fax or telecopy delivery; (b) on the next business day after deposited to delivery in
an overnight courier service such as Federal Express; or (c) three (3) business days after deposit
in the United States mail, by registered or certified mail with return receipt requested. All
notices or other instruments shall be transmitted with delivery or postage charges prepaid,
addressed to Boynton Beach Car Wash, LLC or Boynton Properties, LLC at the address above or
to such other address as designated by written notice.
The above conveyance is made upon the condition that should Grantee or its successors
and assigns cease to use the Easement Property for drainage purposes, the title and rights herein
and hereby granted and conveyed shall forthwith revert to and vest in the Grantor, or in its
successors and assigns. Grantor retains all rights to the Easement Property not otherwise
expressly conveyed.
O:\PAUJ\1002\Drainage Esemenl .07-27-06A.rtf
"l
.J
IN WITNESS WHEREOF, the said GRANTOR and GRANTEE each set its hand and
seal the day and year first above written.
Signed, sealed and delivered
in the presence of:
BOYNTO'N)PROPERTIES, LLC
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By:;?,":>' I l.
PffrrrName: / .}.~\H\:'N--I. .... "i':>('<SLIi'~!:' f1[
Title:' / j....'J.i'iA ~i N<, i't\'li'''I~
/
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Witness Signature
\~ r-:"i'-'Ifl.,y J>~ !\,J'IDI....
Printed Na e
~
--,.,>,.
itness Signature
:];) (}'\ fi1(fiI;Dl-t
Printed Name
~~
~~Signature
clef /(J/1 n/f(o;tf--
Printed Name
~h~
Witnes ignature ~
\41:J-IA."'\ ~ ~1.....J$,>
Printed Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
.i1 . The foregoing instrument w~. sW->Jf to and subscribed btjore me this ~ day of
~~ , 2006 by 1J;4JhIJIf...fr4);;~as ~/I'/ of BOYNTON
PROPERTIES, LLC, a Florida lImited li~ility company, on behalf of the company.
,..........jASON ..MAN..<OFF..........,
: .......u,,~ :
f ff~Y.~~t?~ ~C'11~~ ~~~~;Oa1a;c f
: ;"-\..~gj 8 .-- :
. ~..;~1' ~~..", CI.Iro.;'~_, .....,..:.'J)"""-4254.
: "..~/I/~f,~'~\\.... Flon~a t.' -' ' ~,',,"'~ :
................... ....~:.~:;. ~.~ :."2;~~'~ .I~~1il i
Print, Type, or Stamp Commissioned Name of
Notary Public
O:\PAUM002\Drninage Esemen! - 07-27-06Artf
My Commission Expires:
_,_".,"M':.~ : :~:< -..,,--.- ._~-~-'~,,--'" .~~
~ /' ~ '1
_/P'ersOIlally Known / OR Produced Identification
(.J:yp_e_O-f-Identifi"C'ation Produced
STATE OF FLORlDA
COUNTY OF PALM BEACH
i:1 T!Je foregoing ins(rumeIJI wi" sworn (0 and subscribed before me this "" day of
~ ,2006 by flU1( r~{jVf ,as fI1f"\ ofBOYNT~EACH CAR
ASH, LLC, a Florida limited liability company, on"behalf of e compan
.......................11 "', D,l> 0 D.~. &~; ~:;: ~ u u, ~
: JASON MAN 1._ . ~
: ~~.;'!:",~ Com~.;'': _. '
: b~"<t;.. E::PII"",:.
E \~~.lJ Bondedthru( .....
: ~",,~f,r.i,\i; Florida No~::: - . I" - .
l............... 1..1.. II .......... _.... ~ '" ~ -" ~.. ~ ~ -..
Print, Type, or Stamp Commissioned Name of
Notary Public
ersonally Known OR Produced Identification
Type of Ide' IOn Produced
/..........,....,.
, JASON.~':~............
: (8YA """NICOFF ........c
! ~~ ~",*00050B81t;!
: ~~ _ilia '13012 :
.. "'i"DI, fl~" Bonded Ill", 010 :
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............ FlOrida N .,...32....254:
............~~ Asan Inc :
......~.....;
O:\PAUM002\Drainage Esemenl - 07.27-06A.rlf
FXHIBI1T' "
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II
DESCRIP TlON:
LOT 7, LAWSON INDUSTRIAL PARK PLAT NO. 2, ACCORDINC
TO THE MAP OR PLA T THEREOF. AS RECORDED IN PLA T
BOOK 46, PAGE 178, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
AND THA T PORTION OF TRACT wA W AS SHOWN ON THE
PLA T OF LA W50N INDUS TRIAL PARK PLA T NO. 1. ACCORDING
TO -THE MAP OR PLA T THEREOF, AS RECORDED iN PLA T
BOOK 42. PAGE 1.J4 THROUGH 1.J5, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, THA T LIES NORTH OF
THE NORTH RIGHT OF WA Y LINE OF SOUTHWEST 30TH
A VENUE AS' SUCH RIGHT OF WA Y LINE IS SHOWN IN PLA T
BOOK 42. PACES 134 AND 735.
LESS AND EXCEPT: THE NORTH 150 FEET OF THE ABOVE
DESCRIBED PARCEL.
AND LESS THE FOLLOWING DESCRIBED PARCH:
A PORTION OF LOT 1, LAWSON INDUSTRIAL PARK PLAT
NO.2. ACCORDING TO THE PLA T THEREOF, AS RECORDED
IN PLA T BOOK 46, PACES 178 AND 179, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA. DESCRIBED AS FOLLOWS:
COMMENCING A T THE INTERSECTION OF THE [AST LINE
OF TRA C T -A -: LAWSON INDUS TRIAL PARK PLA T NO. I,
ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T
BOOK 42, PACES 134 AND IJ5, PUBLIC RECORDS OF PALM
BEACH COUNTY WITH THE NORTH RIGHT OF WA Y LINE FOR
S.W, 30TH A VENUE AS SHOWN ON SAID PLA T OF LAWSON
INDUSTRIAL PARK PLA T NO. 1,' THENCE NORTH, ALONG THE
EAST LINE OF SAID TRACT "A ~ A DISTANCE OF 505.79 FEET
TO A POINT ON A LINE 150.00 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF SAID LOT 1,' T/-fENCE
S. ar29 'JS "W.. ALONC SAID PARALLEL LINE, A DISTANCE OF
'1J8.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
S.ar29'J5"W., ALONG SAID PARALLEL LINE, A DISTANCE or
155.75 FEET TO A POINT ON THE WEST LINE DF SAID LOT 1
AND A POINT ON THE EAS T RIGHT OF WA Y LINE OF
CONGRESS A VENUE: THENCE SOUTH, ALONG SAID WEST LINE,
A DISTANCE OF 245.27 FEET; THENCE EAST, A DISTANCE OF
155. DO FEE T; THENCE NOR TH- 252.06 FEE T TD THE PDIN T OF
BEGINNING.
CONA TlNlNG 2.5089 ACRES MORE OR LESS.
EXHIBIT "f>"
DESCRIP TlON:
A PORTION OF LOT ~ LA WSON INDUSTRIAL PARK PLA r
NO.2. ACCORDING TO THE PLA T THEREOF. AS RECORDED
IN PLA T BOOK 46. PAGES 178 AND 179, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING A T THE INTERSECTION OF THE CAST LINE
OF TRACT -A~ LAWSON INDUSTRIAL PARK PLAT NO. 1.
ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T
BOOK 42, PAGES 1J4 AND TJ5, PUBLIC RECORDS OF PALM
BEACH COUNTY WITH THE NORTH RIGHT OF WA Y LINE FOR
S. fY. JO TH A VENUE AS SHOWN ON SAID PLA T OF LA WSON
INDUSTRIAL PARK PLA T NO. I; THENCE NORTH. A.LONG THE
EAST LINE OF SAID TRACT HA ~ A DISTANCE OF 505.79 FEET
TO A POINT ON A LINE 150.00 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF SAID LOT I; THENCE
S.8r29'J5"fY., ALONG SAID PARALLEL LINE. A DISTANCE OF
lJ8.08 FEET TO THC POINT OF BEGINNING; THENCE CONTINUE
S.8r29'J5"fY.. ALONG SAID PARALLEL LINE. A DISTANCE OF
155.15 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1
AND A POINT ON THE EAST RIGHT OF WA Y LINE OF
CONGRESS A VENUE; THENCE SOUTH, ALONG SAID WEST LINe.
A DISTANCE OF 245.27 FEET; THENCE EAST. A DISTANCE OF
155.00 FEET.' THENCE NORTH 252.06 FEET TO THE POINT OF
BEGINNING.
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PREPARED BY AND
RETURN TO:
lason S. Mankoff, Esquire
Weiner & Aronson, P.A.
102 N. Swinton Avenue
Delray Beach, Florida 33444
DE CLARA TION
OF
AGREEMENT NOT TO MODIFY
/2'J~ THIS Declaration of Agreement Not To Modify ("Agreement") is made this
7~ day of ~fcJ..1t" , 2006, by Boynton Beach Car Wash, LLC, its successors and
assigns (herei~after referred to as "BBCW"), whose mailing address is 4036 Artesia
Drive, Boynton Beach, Florida 33436 in favor of the City of Boynton Beach, Florida, its
successors and assigns, whose mailing address is 100 E. Boynton Beach Blvd., Boynton
Beach, Florida, (hereinafter referred to as "City").
WITNESSETH:
A Cross Access Agreement for ingress and egress was previously entered into by
Boynton Properties, LLC, Boynton Beach Car Wash, LLC and Mega Mini Co.(the
"Cross Access Agreement")
BBCW owns the real property which is described in Exhibit "A" (the "Land").
In consideration of the issuance of certain permits by the City, BBCW hereby
declares that:
1. Any release, modification or amendment to the Cross Access Agreement
to which BBCW is a party shall be approved in advance by the City before such release,
modification, or amendment may be effective.
2. The term ofthis Agreement shall be perpetual.
3. This Agreement is a covenant running with the Land and shall be binding
upon and shall inure to the benefit of the heirs, legal personal representatives, successors
and assigns of the BBCW and the City.
4. All notices under this Agreement shall be mailed to the following
respective addresses:
ow A lIM002\Agreement (0 City..luly 3]. 2006.doc
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida
Boynton Beach Car Wash, LLC
4036 Artesia Drive
Boynton Beach, Florida 33436
All notices, consents or other instruments or communications provided for
under this Agreement shall be in writing, signed by the party giving the same, and shall
be deemed properly given and received (a) when actually delivered and received
personally, by messenger service, or by fax or telecopy delivery; (b) on the next business
day after deposited to delivery in an overnight courier service such as Federal Express; or
(c) three (3) business days after deposit in the United States mail, by registered or
certified mail with return receipt requested. All notices or other instruments shall be
transmitted with delivery or postage charges prepaid, addressed to BBCW or the City at
the address above or to such other address as designated by written notice.
5. A waiver of any condition or provision of this Agreement shall not be
construed as a waiver of any other application of that same condition or provision, nor as
a waiver of any other condition or provision herein.
6. In the event any term or provision of this Agreement is determined by
appropriate judicial authority to be illegal or otherwise invalid, such provision shall be
given its nearest legal meaning, or be construed as deleted as such authority determines,
and the remainder of this Agreement shall be construed to be in full force and effect.
7. BBCW agrees to execute all future instruments and take all further action
that may be reasonably requested by the City to fully effectuate the terms and provisions
of this Agreement and the transactions contemplated herein.
8. Any dispute relating to this Agreement shall only be filed in a court of
competent jurisdiction in Palm Beach County, Florida, and BBCW submits itself to the
jurisdiction of such court.
till IN WITN~OF, BBCW has hereunto set its hand and seal on this
~ day of ' , 2006.
WITNESSES
BOY~.::rON BEACH CAR WASH, LLC
,./ /.]/, .(/ J.'.
By: Z C0/L: "-.J (}IA./o~-L-'C1A.
Its:~M /J. . /7/.., ~ /,i.
'--7 //a--71,'\/A.-VJvr P' / .c.],-:../-/'..,y ~
;:/
o:\P A UM002\Agreelllent to City.July 31. 2006 doc 2
STATE OF FLORIDA
COUNTY OF PALM BEACH
~ The foregoing instrument was
~ 2006, by ,,~
BOYNTON BEACH CAR WASH, LLC.
ac;lmowledged before me iliis 1< day of
~(,"I" as ~ of
Signature ~
Print, ype, or Stamp Commissioned Name of Notary
Public
es:
nally' OR Produced Identification
entification Produced
O\PAUM002\Agreement to City.1uly 31, 2006.doc 3
Fa
It
It,
~e
DESCRIP TlON
A PORTION OF LOT I, LA WSON INOUSTRIAL PARK PLA T
NO.2, ACCORDING TO THE PLA T THEREOF, AS RECORDED
IN PLA T BOOK 46, PAGES 178 AND f79, PUBLIC RECORDS
OF PALM BEACH COUNTY, n ORIDA, DESCRIBED AS FOLLOWS:
COMMENCING A T THE INTERSEC TlON OF THE EAS T LINE
OF TRACT -A ~ LAWSON INDUSTRIAL PARK PLAT NO. I,
ACCORDING TD THE PLA T THEREOF. AS RECORDED IN PLA T
BOOK 42. PAGES 1J4 AND U5. PUBLIC RECORDS OF PALM
BEACH COUNTY WITH THE NORTH RIGHT OF WAY LINE FOR
S.W. .lOTH AVENUE AS SHOWN DN SAID PLA T OF LAWSDN
INDUSTRIAL PARK PLA T NO. I; THENCE NORTH, ALONG THE
EAST LINE OF SAID TRACT -A~ A DISTANCE OF S05.79 FEET
TO A PDINT ON A LINE 150.00 FEET SOUTH OF AND
PARALLEL TD THE NORTH LINE DF SAID LOT I; THENCE
S.8J029'JS''W. ALONG SAID PARALLEL LINE, A DISTANCE OF
U8.08 FEE T TO THE POIN r OF BEGINNING: THENCE CDN TfNUE
5.8J029'J5-W.. ALONG SAID PARALLEL LlN[, A DISTANCE OF
155./5 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1
AND A POINT ON THE EAST RIGHT OF WA Y LINE OF
CONGRESS A VENUE; THENCE SOUTH, AL ONG SAID WES T LINt,
A DISTANCE OF 245.27 FEET; THENCE EAST. A DISTANCE OF
155.00 FEE T: THENCE NOR TH 252.06 FEE T TO THE POINT OF
85GINN/NG.
CROSS-ACCESS AGREEMENT
THIS CROSS-ACCESS AGREEMENT ("Agreement) is made and entered into this 9~
day of Al.(ofJ.nt, 2006, by and between BOYNTON PROPERTIES, LLC, a Florida limited liability
compa~nafter referred to as "BOYNTON") and BOYNTON BEACH CAR WASH, LLC a
Florida limited liability company (hereinafter referred to as "CARWASH") and MEGA MINI
Co.(L TD.), a Florida limited liability company (hereinafter referred to as "MEGA"). BOYNTON,
CARWASH and MEGA are sometimes referred to herein as Owner(s).
R E C I TAL S:
WHEREAS, BOYNTON is the current record owner of the property, more particularly
described in Exhibit "A" (the "BOYNTON Property");
WHEREAS, CARWASH is the current owner of the property, more particularly described
as Exhibit "B" (the "CARWASH Property");
WHEREAS, MEGA is the current owner of the property, more particularly described as
Exhibit "e" (the "MEGA Property"); and
WHEREAS, BOYNTON, CARWASH and MEGA desire to enter into this Agreement as
hereinafter set forth.
NOW, THEREFORE, BOYNTON, CARWASH and MEGA for good and valuable
consideration, including but not limited to the mutual easements, covenants and restrictions set
forth herein, the receipt of which is hereby acknowledged, do hereby agree as follows:
1. Recitals
The recitals above are true and correct and are hereby incorporated as if
rewritten herein.
2. Cross-Easements
(A) There is hereby granted the following non-exclusive access and ingress
and egress easement for use of vehicular and pedestrian traffic within the area as more
particularly described in Exhibit "D" (the "Cross-Easement") for the benefit of each of the
Owners, their successors, assigns, tenants, customers, agents, employees, guests, licensees
and business invitees, each Owner granting same to the other Owners for and in respect of the
property owned by such Owners which lies within the Cross Easement. The Owners agree not
to build or maintain nor permit to be built or maintained any structure on the Cross-Easement
that would preclude or limit it vehicular and pedestrian traffic of cross-access and for ingress
and egress within the Cross-Easement. All costs and expenses concerning any installation and
construction of the initial installation of the Cross-Easement shall be at the sole cost and
expense of the owner of the CARWASH Property. The Owners of the BOYNTON and MEGA
Properties shall not be required to contribute to the initial installation of the Cross-Easement.
(B) No Owner shall permanently or temporarily park or store in the Cross-
Easement any automobile, truck, equipment, or any other personal property, it being intended
that the Cross-Easement shall be free from obstacles and impediments. In the event due to
construction or re-construction any Owner shall find it necessary to temporarily obstruct, block,
ow A UM002\Final easement drati.doc
close off or impede the flow of pedestrian or vehicular ingress or egress, such Owner shall
provide reasonable advance notice to the affected Owners and shall use reasonable effort to
minimize the effect on the other Owners and endeavor to complete such construction
expeditiously.
3. Maintenance and Repair
(A) Each Owner shall maintain, operate and repair the landscaping, lighting,
common areas and utility facilities on its respective property which forms a part of the Cross-
Easement, including any buffer areas adjacent to the front of their respective properties, at its
sole cost and expense. Maintenance, operation and repair shall be done in a manner that is in
compliance with all laws, ordinances, rules and regulations of the appropriate governmental
authorities. Each Owner shall, at its own expense, supervise, operate, manage, repair, replace
and maintain all improved portions of the common area and utility facilities located on its
respective property which forms a part of the Cross-Easement, in good repair and in a safe and
sound condition, free from refuse, rubbish and dirt and in compliance with all governmental
regulations.
(B) Each Owner shall make all necessary repairs and replacements on the
surface of the parking areas and driveways on the portion of the Cross-Easement owned by
such Owner. BOYNTON is responsible for the property in Exhibit "E." CARWASH is
responsible for the repairs and replacements on the Property in Exhibit "F" and Exhibit "G".
MEGA is responsible for the repairs and replacements on the repairs and replacements on the
Property in Exhibit "H".
(C) In the event any improvements within the Cross-Easement are damaged
or destroyed, the Owner of the property on which such damage has occurred shall promptly
cause the repair, restoration or rebuilding thereof to the extent reasonably practical, but such
Owner shall not be precluded from seeking reimbursement from the responsible party or parties
that may have caused such damage or destruction.
4. Term and Duration
(A) The provisions of this Agreement shall be perpetual. This Agreement
may be released, modified or amended only by the unanimous consent, in writing, of all the
Owners or their respective successors or assigns, as the case may be.
(8) Except as specifically set forth herein, nothing contained in this
Agreement shall confer any rights on any Owners, their successors, assigns, tenants,
customers, agents, employees, licensees or business invitees.
(C) This Agreement shall be and constitute a covenant running with the land
in the specific manner and mode set forth above and shall be binding upon all parties to this
Agreement and their respective successors and assigns and shall inure to the benefit of and be
enforceable by all parties to this Agreement and their respective successors and assigns.
5. Operations
(A) Each Owner shall, at its own cost and expense, maintain at all times
public liability insurance in an amount no less than One Million ($1,000,000.00) Dollars insuring
against claims on account of death, bodily injury or property damage that may arise from or be
O:\PAUM002\Final easement draft. doc
2
occasioned by the condition, use or occupancy of the common area on its respective property.
Said insurance shall be written by a reputable insurance company or companies with limits of
not less than One Million ($1,000,000.00) Dollars for bodily injury or death of all persons in any
one occurrence and for damage to property or such other amounts as agreed upon by all
Owners. Each Insurance Policy shall cover the properties in Exhibits "A," "B," and "C" and
each Policy shall name the other Owners as additional an insured. Each Owner shall provide
proof of insurance to each other Owner showing each such Owner as an additional insured.
(B) Anything in this Agreement to the contrary notwithstanding, nothing
herein shall prevent any Owner from the construction and completion of buildings or
improvements on such Owner's property as such Owner may desire in such Owner's sole and
absolute discretion, so long as such buildings and improvements are not located within the
Cross-Easement. In connection with construction and completion of any buildings or
improvements, each property Owner shall be entitled to count such parking spaces as may be
available on such Owner's property but shall not be entitled to count parking available on any
other Owner's property. There shall be no parking within the Cross-Easement. There is no
parking easement.
6. Enforcement
(A) No breach of the provisions of this Agreement shall entitle any Owner to
cancel, rescind or otherwise terminate this Agreement or the applicability to it; but such
limitation shall not affect, in any manner, any other rights or remedies which any Owner may
have hereunder by reason of any breach of the provisions of this Agreement. No breach of the
provisions of this Agreement shall affect or render invalid the lien of any mortgage or deed of
trust made in good faith and for value covering any part of any property. Notwithstanding the
foregoing the provisions, this Agreement shall be binding upon and effective against any Owner
whose title is acquired by foreclosure or trustee's sale or any grantee by deed in lieu of
foreclosure or trustee's sale.
(B) If any Owner shall default in the performance of any of its obligations
hereunder, then any other Owner shall, in addition to all other remedies they may have at law or
in equity, after thirty (30) days prior written notice (except that no notice shall be required in the
event of an emergency), have the right to perform such obligation on behalf of such defaulting
party and be reimbursed by such defaulting party for the reasonable cost thereof, plus
reasonable collection fees if collection is required. Any such claim for reimbursement shall be
secured by a lien thereof and shall attach to the property owned by the defaulting party effective
upon recording of a notice thereof in the Public Records of Palm Beach County, Florida. The
lien rights granted herein will not affect the easements and other rights granted herein to other
Owners of any property and such rights shall continue in full force and effect.
(C) In the event of a breach, or attempted or threatened breach, of any
obligation of this Agreement, the other Owner(s) shall be entitled forthwith to obtain an
injunction to specifically enforce the performance of such obligation, acknowledging the
inadequacy of legal remedies and the irreparable harm which would be caused by any such
breach being hereby acknowledged; and/or to relief by all other available legal and equitable
remedies from the consequences of such breach. All costs and expenses of any such
proceeding shall be assessed against the defaulting Owner and shall constitute a lien against
the property owned by such defaulting Owner, until paid.
(D) No delay or omission of any Owner in the exercise of any right accruing
upon any default or violation hereof, of any other Owner shall impair any such right or be
O:\P A UM002\Final easement draft. doc
3
construed to be a waiver thereof, and every such right may be exercised at any time during the
continuance of such default or violation. A waiver by any Owner of a breach of, or a default in,
any of the terms and conditions of this Agreement by any other Owner shall not be construed to
. be a waiver of any subsequent breach of this Agreement.
(E) Enforcement of this Agreement may be filed in a Court of competent
jurisdiction with costs and reasonable attorneys' fees granted to the prevailing party.
7. Interests of Others
(A) Any lien so created by this Agreement shall be effective only upon the
recording of such lien and shall be subordinate to any mortgage applicable to such property at
the time offiling. Notwithstanding the foregoing, nothing herein contained shall be construed as
creating an obligation hereunder upon any mortgagee or holder of other security interest
including deed of trust which is prior to said Mortgagee or holder acquiring title by foreclosure or
otherwise prior to the filing of such lien.
(B) Each Owner shall remove, within thirty (30) days after the filing thereof,
any mechanics', materialmen's or any other similar lien on the other Owners' Properties, or on
its Property if the existence or foreclosure of such lien on its Property would adversely affect the
easement arising by reason of its act or any work or materials which it has ordered. In the event
the defaulting Owner fails to remove any such lien within such thirty (30) day period, any other
Owner may take such action as it or they may deem necessary to remove such lien and
thereafter such Owner shall be entitled to reimbursement from the defaulting Owner. Any lien
rights that arise due to the defaulting actions of any Owner shall also permit such lien rights
against any insurance proceeds, to the extent that such proceeds would or should become
payable.
(C) Nothing contained in this Agreement shall be deemed to be a gift or
dedication of any portion to the general public or for any public use or purpose whatsoever, it
being the intention of the parties hereto that nothing in this Agreement, expressed or implied,
shall confer upon any person, except as specifically set forth in the terms and conditions of this
Agreement. Rights to a third party beneficiary are neither intended nor granted.
(0) Each claim of any Owner arising under this Agreement shall be separate
and distinct, and no defense, set~off or counterclaim arising against the enforcement of any lien
or other claim of any Owner shall thereby be or become a defense, set-off, offset or
counterclaim against the enforcement of any other lien or claim.
(E) The Cross-Easement created hereunder shall not be presumed abandoned
by non-use or the occurrence of damage or destruction of a portion of any Property subject to
the easement unless the Owner benefited by such easement states in writing its intention to
abandon such easement.
8. Interpretation
(A) If any provision of this Agreement, or portion thereof, or the application
thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or
unenforceable, the remainder of this Agreement, or the application of such provision or portion
thereof to any other persons or circumstances, shall not be affected thereby; and each provision
of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
O:\P AUM002\Final easement draft. doc
4
(B)
State of Florida.
This Agreement shall be construed in accordance with the laws of the
(C) The Article headings in this Agreement are for convenience only, shall in
no way define or limit the scope or content of this Agreement, and shall not be considered in
any construction or interpretation of this Agreement or any part hereof.
(0) Nothing in this Agreement shall be construed to make the Owners hereto
partners or joint ventures or render any of said Owners liable for the debts or obligations of the
other.
(E) Any Owner may, at any time and from time to time, in connection with the
sale or transfer of its property, or in connection with the financing or refinancing of said property
by bona fide mortgage, deed of trust or sale-leaseback made in good faith and for value, deliver
a written notice to the other Owner(s) requesting such other Owner to execute a certificate
certifying that the Owner making such request is not in default in the performance of its
obligations under this Agreement, or, if in default, describing therein the nature and amount of
any default. An Owner shall execute and return such certificate within twenty (20) days
following its request thereof. Failure by an Owner to so execute and return such certificate
within the specified period shall be deemed an admission on such Owner's part that the Owner
requesting the certificate is current and not in default in the performance of such Owner's
obligations under this Agreement.
(F) This Agreement may be amended, modified or terminated by the
unanimous written approval of all Owners and duly recorded in the office of the County
Recorder of Palm Beach County, Florida, and shall not otherwise be amended, modified or
terminated during the term hereof. However, the BOYNTON Owner and CARWASH Owner
may modify the connection between Exhibit liE" and Exhibit "F" without the consent of the
other Owner(s) provided that: (i) the overall connection among the parcels is maintained; (ii) the
other Owner(s) are notified; and (Hi) any modifications are duly recorded.
(G) Wherever in this Agreement it is provided that an action shall be subject
to the consent or approval of the other, such consent or approval shall not be unreasonably
withheld or delayed provided that any such Agreement does not materially or adversely affect
such Owner's property.
(H) Each Owner agrees that no partner or individual of any Owner shall be
personally liable for any liabilities or be required to personally perform any of the covenants of
this Agreement. Any liability of an Owner is limited to the assets of that Owner.
9. Notices
(A) All notices and demands herein required shall be in writing and shall be
deemed properly given if sent by overnight mail, or registered or certified mail, return receipt
requested, addressed to:
If to Boynton:
BOYNTON PROPERTIES, LLC
101 Pineapple Grove
De/ray Beach, Florida 33444
Attn: Mr. Anthony Pugliese with a copy to:
O:\PAUM002\Final easement draft. doc 5
Weiner & Aronson, P.A.
102 N. Swinton Avenue
Delray Beach, Florida 33444
Attn: Michael S. Weiner, Esq.
If to Car Wash:
BOYNTON BEACH CAR WASH, LLC
Attn: Mr. Mark Paulino
4036 Artesia Drive
Boynton Beach, Florida 33436
with a copy to:
Harris Cramer, LLP
Attn: Daryl B. Cramer, Esq.
1555 Palm Beach Lakes Boulevard, Ste. 310
West Palm Beach, Florida 33401
If to Mega:
MEGA MINI Co., (Ltd.)
2951 S.W. 14th Place
Boynton Beach, Florida 33436
with a copy to:
Brian Deuschle, Esq.
800 S.E. 3rd Avenue
Ft. Lauderdale, Florida 33316
Each party may change the address to which notices to it are to be sent by notice to the others.
(B) Every notice and demand shall be deemed to have been effective upon
delivery by registered or certified mail, properly addressed as aforesaid, postage prepaid, in the
United States Mail, or three (3) days after posting or via a nationally-recognized overnight
courier services (provided a confirmation is available one {1} day after sent).
10. Indemnification.
(A) Each Owner agrees to hold the other Owners harmless and indemnify such
Owners from any costs and expenses, including reasonable attorneys' fees, arising out of or in
connection with any claims arising out of the use, operations, maintenance and possession of
each other Owner's respective property by any party claiming through such Owner
(B) The CARWASH Owner shall indemnify the other Owners for any and all
liens as a result of CARWASH Owner's construction and/or installation of the Cross-Easement.
O:\P AUM002\Final easement draft. doc
6
rSiqnatures on next paqe]
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
Signed, sealed and delivered In
presence of:
the
c-w;r:::;)J.~ .
Pd~ed Name: -0 &fA,t'a:..4, (;V..e!l~
~7~
Printed N~me: /kwl ~,.,;:er
By:
Its:
By: eOYNTON E H CAR WASH, LLC
Its: /:i1;Pt/( . < 1-t..1Lvul~-,
. /l~'~8~t~./ t/~/{7'i.f!t..t..c--
tJW;; t/!{/~
/ (it~:~J~(;~~~;~~~~Chle
- Printed Name: ChrlstUie Suscavage
MEGA MINI CO., LTD., a Florida limited
partnership
By: Mega Mi.ni Self Storage BOynto:;.J: ach, LLC
Its :Gen~ra!--~artger . .--vi n
By: / ,~. j~ . .L--(~.. \ I
Its: Member - Glenn H. Friedt,Jr..j
O:\P A UM002\Final easement draft. doc
7
STATE OF FLORIQI] . '-:;.. ,.-" . I~
COUNTY OF f/-L'l-i../VL DC+Cl!
".4& ,t I .
,l u 1h".e foregoing instru,ment.w?s.sworn to and subscribed before me this ~ day of./ l trJ.;f , 2005 by
1/1'1711otli.( tI. ,as It( CI /N b I . of Boynton Properties, LLC. I
, ;J!r..,)t'tlsl. lll~ j ///--1--":~~ Y' //'/ /, Ii .
cJ ( ---- -I" . ~ I/~,,/)(i .'
NOTARY PUBUC-STATE OF FLORlDA ~- / ../!.-j,c.A.-*t /1' _ V. tA.. v~~/
Denise A. Wells Signature of Notary Public-State of Florida
Commission # DD447994
Expires: MY 06, 2009 Print, Type, or Stamp Commissioned Name of Notary Public
Mn ~g 'fhru Mi~filj,€ Dtm~~ etlll mil,
My Commission Expires:
Personally Known -==-- OR-l9rlJClm;ecttdentificat'ieR
lY-pe of Identification Prodt:.'€e€I--
STATE OF FLORIDA ~ /""" {y'fAA
COUNTY OF
".{he foregoing instrument was sworn to and subscribed before me this ~ay of A,......, r , 20~
V'f", ft"\~ , as fl'11 . A f"'~ of Boynton Beach Car Wash, LLC.
A6!1;
mt, Type, or Stamp Commissioned Name of Notary Public
~.................................... .,
JASON MANKOFF :
~ ColMll Doo50881(; :
~~ E:lplres 113012010 E
: ~'dii Bonded Ihru (800)432-42:34 :
l ...~.r.: Florida Notary Assn., Inc :
............ .............. It...... ,. II......
STATE OF FLORIDA
COUNTY OF BROWARD
. The foregoing instrument was sworn to and subscribed before me this 29thday of September ,2005 by
.enn H. Frledt, Jr. , as Mg. Member of Mega Mini Self Storage Boynton Beach, LLC, General Partner of
Mega Mini Co., Ltd.
/
Print, Type, or S~~i8nm:1OOrffii$~tary Public
~ Brian C. Deuschle
Commission # DD471319
Expires: ocr. 26, 2009
Bonded Thru AtlB.Iltie Bending Co:) lnc.
My Commission Expires:
Personally Known _ OR Produced Identification
Type of Identification Produced
O:\P A UM002\Final easement draft. doc
8
EXHIStT (f II \I
DEseRIP TlON:
LOT 7. LAWSON INDUSTRIAL PARK PLAT NO.2, ACCORDING
TO THE MAP OR PLA T THEREOF. AS RECORDED IN PLA T
BOOK 46, PAG[ UB. OF TH[ PUBLIC R[CORDS OF PALM
BEACH CO UN T Y, FL ORIDA.
AND THA T PORTION OF TRACT -A - AS SHOWN ON THE
PLA T OF LA WSON INDUS TRIAL PARK PLA T NO. T, ACCORDING
TO THE MAP OR PLA T THEREOF, AS RECORDED IN PLA T
BOOK 42. PAGE lJ4 THROUGH IJ5, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, THA r LIES NORTH OF
THE NORTH RIGHT OF WAY LINE OF SOUTHWEST JOTH
A VENUe AS SUCH RIGHT OF WA Y LINE IS SHOWN IN PLA T
BOOK 42, PACES 1J4 AND US.
LESS AND EXCEPT: THe NORTH 150 FEET OF THE ABOVE
DESCRIBED PARca.
AND LESS THE FOLLOWING DESCRIBED PARCEL:
A PORTION OF LOT I, LAWSON INDUSTRIAL PARK PLA T
NO.2, ACCORDING TO THE PLA T THEREOF, AS RECORDeD
IN PLA T BOOK 46, PAGES 178 AND 179, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA. DESCRIBED AS FOLLOWS:
COMMENCING AT THI: INTERSECTION OF THE EAST LINE
OF TRACT -A~ LAWSON INDUSTRIAL PARK PLAT NO. I,
A CCORDING TO THE PLA T THEREOF, AS RECORDeD IN PLA T
BOOK 42, PACES 134 AND US, PUBLIC RECORDS OF PALM
BEACH COUNTY WITH THE NORTH RIGHT OF WA Y LINe FOR
S. W. 30 TH A VENUE AS SHOWN ON SAID PLA T OF LA WSON
INDUSTRIAL PARK PLA T NO.1; THENCE NORTH, ALONG T/-IE
EAST LINE OF SAID TRACT "A", A DISTANCE OF 505.79 FEET
TO A POINT ON A LINE 150.00 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF SAID LOT I; r.4ENCE
S. 8r29 'J5 ..w., ALONG SAID PARALLa LINE. A DISTANCE OF
lJa.08 FEE:! TO THE POINT OF BEGINNING; THENCE CONTINUE
S. 8r29 'JS "w.. ALONG SAID PARALLEL LINE. A DISTANCE or
155.15 FEET TO A POINT ON THe WEST LINe OF SAID LOT 1
AND A POINT ON THE EAS T RIGHT OF WA Y LINE OF
CONGRESS A VENUE: THENCE SOUTH, ALONG SAID WEST LINE.
A DISTANCE OF 245.27 FEET: THENCE EAST, A DISTANCE OF
155.00 FEET; THENCE NORTH 252.06 FEET TO THE POINT OF
BeGINNING.
CONA TlNlNG 2.5089 ACRES MORE OR LESS.
EX,
IT IiBu
Df2SCRIP TlON
A PORTION OF LOT T. LA WSON INDUSTRIAL PARK PLA T
NO.2. ACCORDING TO THE PLA T THERf20F. AS RECORDf2D
IN PLA T BOOK 46. PAGES 178 AND /79. PUBLIC RECORDS
OF PALM Bf2ACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING A T THE INTERSECTION OF THE EAST LINE
OF TRACT -A~ LAWSON INDUSTRIAL PARK PLAT NO.1,
ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T
BOOK 42, PAGES U4 AND U5. PUBLIC RECORDS OF PALM
BEACH COUNTY WITH THE NORTH RIGHT OF WA Y LINE FOR
S. W. JOTH A VENUE AS SHOWN ON SAID PLA T OF LA WSON
INDUSTRIAL PARK PLA T NO. I; THENCE NORTH, ALONG THE
EAST LINE OF SAID TRACT "A ~ A DISTANCE OF 505.79 F[ET
TO A POINT ON A LINE /50.00 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF SAID LOT I; THf2NCE:
S.8r29'J5''W., ALONG SAID PARALLEL LINE. A DISTANCE OF
U8.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
5.8r29'J5"W., ALONG SAID PARALLEL LINE:. A DISTANCf2 OF
.155. /5 FEE T TO A POINT ON THE WES T LINE OF SAID LOT 1
AND A POINT ON THE EAST RIGHT OF WA Y LINE OF
CONGRESS A VE:NUE:; THENCE SOUTH, AL ONG SAID WE5 T LINE.
A DISTANCE OF 245.27 FEET; THENCE EAST, A DISTANCE OF
155.00 FEE T; THENCE NOR TH 252.06 FEE T TO THE POINT OF
BEGINNING.
EXHIBIT "C"
The North 150.00 feet of the following described parcel of land:
Lot 1, LAWSON INDUSTRIAL PARK PLAT NO.2, according to the Plat thereof, as
recorded in Plat Book 46, Page 178, of the Public Records of Palm Beach County,
Florida; and
That portion of Tract "A" as shown on the PLAT OF LAWSON INDUSTRIAL PARK
PLAT NO.1, according to the Plat thereof, as recorded in Plat Book 42, Pages 134
through 135 of the Public Records of Palm Beach County, Florida, that lies North of the
North right-of-way line of Southwest 30th Avenue as such right-of-way line is shown in
Plat Book 42, Pages 134 and 135 of the Public Records of Palm Beach County, Florida.
O:\PAUM002\EXHIBIT C.doc
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E XH/B/ T JJ[))
SHEET 1 OF 2
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DESCRIP T/ON:
THE WEST 25.0 FEET OF THE EAST 108.26 FEET OF THE
FOLLOWING DESCRIBED PARCEL:
A PORT/ON OF LOT 1, LA WSON INDUSTRIAL PARK PLA T NO.2,
ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T
BOOK 46, PAGES 178 AND 179, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND A PORT/ON OF TRACT "A"
LA WSON INDUSTRIAL PARK PLA T NO.1, ACCORDING TO THE
PLA T THEREOF AS RECORDED IN PLA T BOOK 42, PAGES 134
AND 135, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGINNING A T THE INTERSECT/ON OF THE EAST LINE OF SAID
TRACT "A" WITH THE NORTH RIGHT OF WA Y LINE OF S.w. 30TH
A VENUE AS SHOWN ON SAID PLA T OF LA WSON INDUSTRIAL
PARK PLA T NO.1; THENCE NORTH, ALONG THE EAST LINE OF
SAID TRACT "A ': A DISTANCE OF 247.69 FEET; THENCE WEST,
A DISTANCE OF 292.95 FEET TO A POINT ON THE WEST LINE
OF SAID LOT 1 AND A POINT ON THE EAST RIGHT OF WA Y
LINE OF CONGRESS A VENUE; THENCE SOUTH, ALONG SAID WEST
LINE, A DISTANCE OF 234.40 FEET; THENCE S.46015'13"E., A
DISTANCE OF 36.12 FEET TO A POINT ON THE SOUTH LINE OF
SAID LOT 1 AND A POINT ON THE NORTH LINE OF SAID S.w.
30TH A VENUE; THENCE N.8r29'35"E" ALONG SAID SOUTH LINE,
A DISTANCE OF 267.11 FEET TO THE POINT OF BEGINN/G.
ORDER NO. 02-206AE(7)
DA TE: JUNE 13, 2005
O'BRIEN, SUITER & O'BRIEN, /NC
CERTlF/CA TE OF AUTHORIZA nON #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWA Y
DURA Y BEACH FLORIDA 33483
(561) 276-4501 (561) 732-3279
SKETCH OF DESCRIPTION
EXHIBIT JJ,["
SHEET 2 OF 2
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CONGRESS A VENUE
234.40'
SOUTH
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SCALE: 1" = 40'
LOT 1J LA WSON INDUSTRIAL PARK PLA T NO. 2
(PLA T BOOK 46, PAGES 178-179)
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RECORD BOOK
JRDER NO. 02-205AE 1
LOT 1
~ 1 TRACT "A-----
TRACT "A" (50' EASEMENT FOR DRAINAGE
AMD WA TER RETENTION PURPOSES). LA WSON
INDUSTRIAL PARK PLA T NO. 1 (PLA T BOOK
42, PAGES 134-135)
-...
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NORTH (BEARING BASE)
247.69'
EAST LINE TRACT "A"
(PLA T BOOK 42, PAGES 134-135)
LOT 1, LA WSON INDUSTRIAL PARK
(PLA T BOOK 42, PAGES 135-135)
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PAUL D. ENG -0
SURVEYOR AND MAPPER #5708
DA TE: JUNE 73, 2005
O'BRIEN, SUITER & O'BRIEN, INC
CERT/F/CA TE OF AUTHORIZA T/ON #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWA Y
DURA Y BEACH FLORIDA 33483
(561) 276-4501 (561) 732-3279
SKETCH OF DESCRIPTION
EXHIBIT "f"
SHEET 1 OF 2
E)th"b;~ "r D)
DESCRIP nON:
A PORTION OF LOT 1, LAWSON INDUSTRIAL PARK PLA T NO.2,
ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T
BOOK 46, PAGES 178 AND 179, PUBLIC RE.CORDS OF PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING A T THE INTERSECTION OF THE EAST LINE OF
TRACT "A ': LA WSON INDUSTRIAL PARK PLA T NO.1, ACCORDING
TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 42, PAGES
134 AND 135, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA WITH THE NORTH RIGHT OF WA Y LINE OF S.w. 30TH
A VENUE AS SHOWN ON SAID PLA T OF LA WSON INDUSTRIAL
PARK PLA T NO. 1,' THENCE NORTH, ALONG THE EAST LINE OF
SAID TRACT "A ': A DISTANCE OF 247.69 FEET; THENCE EAST
82.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH, A
DISTANCE OF 10.36 FEET; THENCE N.45000'00"w., A DISTANCE
OF 41.98 FEET TO A POINT ON A LINE 112.95 FEET WEST OF
AND PARALLEL TO THE EAST LINE OF SAID TRACT "A ':. THENCE
NORTH, ALONG SAID PARALLEL LINE, A DISTANCE OF 213.11
FEET TO A POINT ON A LINE 150.0 FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF SAID LOT 1; THENCE
S. 8r29'35 "w., ALONG SAID PARALLEL LINE, A DISTANCE OF
25.02 FEET TO A POINT ON A LINE 137.95 FEET WEST OF AND
PARALLEL TO THE EAST LINE OF SAID TRACT "A ':. THENCE
SOUTH, ALONG SAID PARALLEL LINE, A DISTANCE OF 222.38
FEET; THENCE 5.45000'00"[" A DISTANCE OF 41.98 FEET;
THENCE EAST, A DISTANCE OF 25.00 FEET TO THE POINT OF
BEGINNING.
RDER NO. 02-206AE(2)
DA TE: JUNE 13, 2005
O'BRIEN, SUITER & O'BRIEN, INC
CERTlFlCA TE OF AUTHORIZA nON #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWA Y
DHRA Y BEACH FLORIDA 33483
(561) 276-4501 (561) 732-3279
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PAUL D. ENGLE 7f-
_ SURVEYOR AND MAPPER #5708
:R NO. 02-206AE(2)
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EXHIBIT )'F))
SHEET 2 OF 2
,
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NORTH LINE
LOT 1 &
TRACT "A"
138.08 '
S.S7'2r35"W.
I
137.95'
11 .95'
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'ECORD BOOK
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S. W. 30TH A VENUE
80' RIGHT or WA Y PER
ORB. 2521, PA GE 1329
MA TCH DA Tf: JUNE IJ, 2005
LINE O'BRIEN, SUITER &- O'BRieN, INC
CERTlF/CA TE OF AUTHOR/ZA nON ILBJ5J
SURVEYOR AND MAPPeR IN ReSPONSIBLe
CHARGE:: PAUL D. eNGLe
2601 NORTH FEDERAL HIGHWA Y
DCLRA Y StACH FLORIDA 33483
(567) 276-4501 (567) 732-.3279
POINT or
COMMENCEMENT
NOR TH L IN[
LOT 1
r' SKETCH OF DESCR/PT/O/'/
E XH/B/ T )),6 J}
SHEET 1 OF 2
81
lh
DESCRIPTION:
THE NORTH 72.5 FEET OF THE FOLL OWING DESCRIBED PARCEL:
A PORTION OF LOT " LAWSON INDUSTRIAL PARK PLA T NO.2,
ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T
BOOK 46, PAGES 178 AND 179, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING A T THE INTERSECTION OF THE EAST LINE OF
TRACT ~A ': LA WSON INDUSTRIAL PARK PLA T NO. 1, ACCORDING
TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 42, PAGES
134 AND 135, PUBLIC RECORDS OF PALM BEACH COUNTY WITH
THE NORTH RIGHT OF WA Y LINE FOR S.w. 30TH A VENUE AS
SHOWN ON SAID PLA T OF LA WSON INDUSTRIAL PARK PLA T
NO.1; THENCE NORTH, ALONG THE EAST LINE OF SAID TRACT
"A ': A DISTANCE OF 505.79 FEET TO A POINT ON A LINE
150.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE
OF SAID LOT 1; THENCE S.8JD29'35'W., ALONG SAID PARALLEL
LINE, A DISTANCE OF 138.08 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE S.8JD29'35"W., ALONG SAID PARALLEL LINE,
A DISTANCE OF 155.15 FEET TO A POINT ON THE WEST LINE
OF SAID LOT 1 AND A POINT ON THE EAST RIGHT OF WA Y LINE
OF CONGRESS A VENUE; THENCE SOUTH, ALONG SAID WEST LINE,
A DISTANCE OF 245.27 FEET; THENCE EAST, A DISTANCE OF
155.00 FEET; THENCE NORTH 252.06 FEET TO THE POINT OF
BEGINNING.
-R NO. 02-206AE(3)
DA TL JUNE 13, 2005
O'BRIEN, SUITER &- O'BRIEN, INC
CERT/F/CA TE OF AUTHORIZA T/ON ILB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGL PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWA Y
DURA Y BEACH FLORIDA 33483
(561) 276-4507 (561) 732-3279
~
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SKETCH OF.DESCRIPTION
EXHIBIT }1A 11
SHEET 2 OF 2
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NORTH LINE
LOT 1 &.
TRACT "A"
C>
c)
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.<'\1 ~
lCiS
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PROPOSED INGRESS
EGRESS EASEMENT
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155.00 '
EAST
NOTES:
THIS IS NOT A SURVEY
POB. = POINT OF
BEGINNING
ORB. = OFFICIAL
RECORD BOOK
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POINT OF
COMM[NCEMENT
5 W 30TH AVENUE
· 80' RIGHT OF WA Y PER
ORB. 2521, PAGE 1329
DA TE: JUNE 73, 2005
O'BRIEN, SUITER & O'BRIEN, tNC
CERT/FlCA TE OF AUTHORIZA TlON #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWA Y
DELRA Y BEACH FLORIDA 33483
./~r.,\ "''''T~ .irn.. /'c"r"of\ ..,.,."" "'''''''I''''l
SKETCH OF DESCRIPTION
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5.8r29'35"W.
180.17'
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S.8r29'35"W.
PROPOSED INGRESS
EGRESS EASEMENT
LOT 1, LA WSON INDUSTRIAALGtsA~~8~~~J) NO.2
(PLA T BOOK 46, Pc.
1---------.,
-<::(0)
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DESCRIPTION:
THE SOUTH 12.5 FEET OF THE NORTH 150.0 FEET
OF LOT 1, LA WSON INDUSTRIAL PARK PLA T NO.2,
A CCORDING TO THE PLA T THEREOF AS RECORDED
IN PLA T BOOK 46, PAGES 178 AND 179, PUBLIC
RECORDS OF PALM BEACH COUNT~ FLORmA, LESS
THE EAST 52.95 FEET THEREOF.
ER NO. 02-206AE 4
NO TES:
THIS IS NOT A SURVEY
P.OB. ,; POINT OF
BEGINNING
ORB. = OFFICIAL
RE CORD BOOK
THE WEST LINE OF PLA T
BOOK 46, PAGES 178
&- 179 IS ASSUMED TO
BEAR SOUTH
DA TE: JUNE 13, 2005
O'BRIEN, SUITER eX- O'BRIEN, INC
CERT/F/CA TE OF AUTHORIZA T/ON jLB353
SURVEYOR AND MAPPER IN RESPONSIBLE
CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HICHWA Y
DELRA Y BEACH FL ORIDA 33483
(561) 276-4507 (561) 732-3279
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
~"("".'-::"'~i"
. '.
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,
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'['-.- ~ ,0
/U.J
www.boynton-beach.org
April 11 2006
Mr. Bradley Miller
Miller Land Planning Consultants
420 W Boynton Beach Blvd.
Boynton Beach, Fl 33435
RE:
File No.:
Location:
Rapido Rabbit
CODS 05-004
th
East of Congress Ave., North ofSW 30 Ave.
Dear Mr. Miller:
Enclosed is the Development Order granted by the City Commission on February 21, 2006. The conditional use/site plan
approval is valid for one year from the date of final approval. In order to maintain vested status, a building permit must be
secured or an extension granted within one year of final site plan approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached andlor the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC
member for additional clarification of comments.
Important: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be
submitted to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
Sincerely,
''7 J F7
/f.LJ... '=--
Michael W. Rumpf
Director of Planning & Zoning
Cc: Boynton Properties LLC - Anthony Pugliese III
S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Approvalletter after CC.doc
DEVELOPMEN <DER OF THE CITY COMMISSI(
CITY vF BOYNTON BEACH, FLORIDA
FTHE
Development
P&Z
Building
Engineering
Occ. LIcense
Deputy City Clerk
PROJECT NAME:
Rapido Rabbit
APPLICANT'S AGENT: Bradley Miller Miller Land Planning Consultants
APPLICANT'S ADDRESS: 282 Pineapple Grove Way Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 21,2006
TYPE OF RELIEF SOUGHT: Request for Conditional use approval for a 4,595 square foot carwash
on a 3.39 acre parcel in an M-1 zoning district.
LOCATION OF PROPERTY: East of Congress Avenue, North of SW 30th Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the Chy of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
~AS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "c" with notation "Included".
4.
The Applicajl,t's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
/ Yn,
DATED:
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S:\Planning\SHARED\WP\PROJECTS\Ra
City Clerk
bit\DO.doc
)nditions of Approval
'Project name: Rapido Rabbit
File number: COUS 05-004
Reference: 3rd review plans identified as a Conditional Use/New Site Plan with an October I I, 2005 Planning
&Z . d k.
omng ate stamp mar mg.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. The plans depict a roadway to be constructed on the adjacent Parcel B, X
which is clearly indicated as "Not Included" in this submittal. An
irrevocable cross-access agreement between Parcels A, B and C for ingress-
egress purposes will be required.
2. Show all off-site improvements required for this project. The proposed X
roadway on the north is symmetrical around that property line. Show that
the adjacent property owner is in agreement with this proposal.
3. Separate permits will be required from Palm Beach County for the proposed X
Congress Ave. curb cut.
UTILITIES
Comments:
4. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26- 12).
5. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by insurance underwriters,
whichever is greater. (CODE, Section 26-16(b)) .
6. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
7. Water meter size shall be based on the demand for the volume anticipated X
for the car wash. Please provide engineering calculations, or any
explanation ofthe demand.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
8. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
9. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates);
they will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
10. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
ensure that additional comments may not be generated by the Commission
and at permit review.
11. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
12. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the. applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
13. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART process does not
-
DEPARTMENTS INCLUDE REJECT
ensure that additional comments may not be generated by the commission
and at permit review.
14. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (W ind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
15. At time of permit review, submit signed and sealed working drawings ofthe X
proposed construction.
16. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
17. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.2 I 6.
18. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development
Order and the Commission-approved site plan.
b. The total amount paid and itemized into how much is for water
and how much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
19. At time of permit review, submit separate surveys of each lot, parcel or X
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel or tract.
The recorded deed shall be submitted at time of permit review.
20. A permit from the EP A shall be required prior to the submittal of plans for a X
building permit. The car wash shall comply with F.A.C. Rule 62-660.803.
The local EP A office can be contacted at 56 I -681-6600.
21. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
22. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
<liill
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building penn it application at the time of application submittal.
23. Building shall be designed utilizing the 2004 Florida Building Code. X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
24. Applicant must grade the property to the north canal to Lake Worth X
Drainage District soecifications.
PLANNING AND ZONING
Comments:
25. A single sign style (such as cabinet, channel, reverse channel) shall be used X
for wall signage. Note code limitation on non-word depictions. Provide
calculations of areas for detennining compliance with the Land
Development Regulations.
26. The monument sign as proposed is plain and unadorned and should be X
reduced in size to be more in scale with the building. Additionally, the sign
should be made more compatible with the building style to transfonn its
boxy appearance.
27. Provide a landscape cross-section C Detail of a 450 angle at the southwest X
corner and northwest corner of the site. Additionally, remove the N.T.S.
(not to scale) label on the cross-sections and depict landscape to scale,
adjusting the size of the plant material on the plant list if necessary, to
provide an instant landscape barrier at time of planting. Cross-sections A, B,
& C should be comparable for these planting areas on the exit end of the
tunnel as well.
28. The applicant has agreed there will be nothing other than automated or self- X
service features as part of this Conditional Use application. Any future
requests for other services (wax, upholstery cleaning, etc.) would require a
new Conditional Use reviewlapproval.
29. Provide executed and recorded coPy of the cross-access easement with X
I DEY AKTMENTS iNCLUDE REJECT
Parcel A, prior to issuance of first building pennit.
30. Access off of Congress A venue is only partially on your parcel. Provide X
executed and recorded copy of the cross-access easement with the parcel to
the north, prior to the issuance of first building penn it.
31. The drainage depicted on sheet C- I depicts drainage improvements crossing X
onto Parcel A. Provide executed and recorded copy of this easement with
Parcel A, prior to the issuance of first building pennit.
32. Include baffling of light fixtures in order to prevent glare and light spillage X
onto adjacent properties. Additionally, consider reducing the lighting to
security lighting only within one (I) hour of closing.
33. Provide noise level data for blowdryer equipment for a distance equal to the X
rear of the residential properties to the north. All mechanical equipment,
including the vacuums, should be turned off at closing time each day.
34. Staff recommends the installation of some variety of wall along the north X
and east sides of the tunnel exit I parking lot to reduce the potential of noise
escaping the site, should the professional sound study being prepared by the
applicants warrant more than the landscaping being proposed.
35. Applicant states the hours of operation will be from dawn to dusk. Any X
proposal to extend these hours will require commission approval. Staff
recommends however, the carwash be open no later than 7 P.M.
36. Applicant shall provide a unity of title for all of Parcel "A", prior to X
issuance of first building penn it.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
37. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
38. Comment #33 was rejected by the City Commission to replace it with only X
the second portion of comment that reads as follows: All mechanical
equipment, including the vacuums, should be turned off at closing time each
day.
39. Omit comment #34 as the sound standards are to be met without use of a X
buffer wall along south side of project.
Conditions of Approval
6
DEPARTMENTS INCLUDE REJECT
40. Ifsound levels of the project are ultimately measured to exceed sound X
limitations ofthe code, the owner or operator will either remove the number
of blowers necessary to comply with city sound limits, or apply additional
sound mitigation measures within the tunnel to accomplish same. Sound
readings would be taken by city personnel certified in using a sound level
meter.
41. There shall be no certificate of occupancy granted until the City of Boynton X
Beach has tested the operations of the carwash and has found it to be in the
limits described by the sound ordinances of the City.
42. The project shall include gates at project driveways that will be locked to X
prevent access when business is closed.
43. Power to the vacuum units shall be tumed-offto prevent use when business X
is closed.
44. A minimum of two employees shall be on site during house of operation. X
45. Signage shall be posted that prohibits playing of radios while on premises. X
S:IPlanningISHAREDIWPIPROJECTSlRapido Rabbit\2nd Review Comments. doc
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.f1.us
www.boynton-beach.org
FAX TRANSMITTAL
TO: Michael Weiner
FAX #: 272-6831
FROM: Janet M. Prainito
City Clerk
DATE: March 17, 2006
SUBJECf: Rapido Rabbit
# OF PAGES INCLUDING COVER: 8
Attached is the signed Development Order and conditions of approval for the Rapido
Rabbit Carwash Project.
If you have any questions, please contact me.
~ '11J. p~~
S:\CC\WP\FAXES\Michael Weiner - Rapido Rabbit.doc