LEGAL APPROVAL
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CITY CLERK'S OFFICE
MEMORANDUM
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TO:
Mike Rumpf
Director of Planning & Zoning
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DEPARTMENT OF DEVE[ (II',,! ','
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FROM:
Janet M. Prainito
City Clerk
DATE:
August8,2007
COPY:
Central File
RE:
Recorded Easement
Attached for your information and files is a copy of the following easement that was
recorded in Palm Beach County:
Suncoast Royal Investments, LLC
PCN: 084345 19050440020
If you have any questions, please do not hesitate to contact me.
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Attachments
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S:\CC\WP\EASEMENTS\Memo Transmitting Recorded Easement 07.27.07,doc
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CFN 20070362222
OR BK 21977 PG 1620
RECORDED 07/27/2007 15:55:18
Palm Beach County, Florida
Sharon R. Bock,CLERK & CO"PTROLLER
ED~~O - 1624; (5pgs)
EASb'MENT
THIS INDENTURE made this 231lP day of /\(A-L.( . A.D., 2007
By SUN<:.DPsr ..eO'1A-(. TIVVES77w€NIS. ,'-'- c.
a corporation existing under the laws of ;:(,,01<./ D4 .
6'iQj, V02i'E Ill>. ,w~,v(i,~, R....
and having its principal place of business at 3.~ I.{I 'f
first part, to the City of BOY;1ltonBeach, a political subdivision of the State of
Florida, second party: \
(Wherever use<l herein, the terms, ''first party" and "second
party" shall include singular and plural, heirs, legal
'representatives and assigns of individuals and the successors
and assigns of corporations, wherever the context so admits or
requires)
WITNESSETH
Whereas, the first party is the owner of property situate in Palm Beach
County, Florida, and described as follows:
'PCN a 8' - 'I j - 'fr - 1'1- V,'- - 0'1'1- 001.D
Legal Description: See- ATf1J,.e.F-ItD cXHfB /I
and,
WHEREAS, the second party desires an easement for water and sewer utilities
and/or other appropriate purposes incidental thereto, on, over and across said
Property,
and,
WHEREAS, the first party is willing to grant such an easement,
NOW, THEREFORE, for and in consideration of the mutual covenants each
to the other running and one dollar and other good and valuable
considerations, the first party does hei,-eby grant unto the party of the second
part, its successors and assigns, full and free right and authority to construct,
maintain, repair, install and rebuild facilities for above stated purposes and
does hereby grant a perpetual easement, on over and across the above
described property for said purposes.
IN WITNESS WHEREOF, the first party has caused these presents to be duly
executed in its name and its corporate seal to be hereto affixed, attested by its
proper officers thereunto duly authorized, the day and year first above written.
Signed, sealed and delivered
In the presence of:
v-
Sign
R.. r--.J~, A, l-h1,.w i h..
Print Nam
ByCi.f)J.- ,q^""J, CQi",J ,LLC
President I - 'f' l (j ,', J c'-.
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Sign e .
~ A1FQ%
ATIEST:
Secretary
(CORPORAlE SEAL)
STATE OF i~~\~~
COUNTY OF . Al..vk ~ ~t.\..\
we known to m 0 be the ;\0 lli. siden d ftp((,~...tr-! ,I,/.L
respectively, of the Corporation named as first party in the foregoing
Easement and that they severally acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily, under authority
duly vested in them by said Corporation, and that the seal affixed thereto is the
true Corporate seal of said Corporation.
WI'INESS my hand and official seal in the Country and State last aforesaid this
11- day of HA'-1 . A.D., 200.1.
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My commission expires:
Jo~eph M. Tucker, P.L.S.
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
219 S.E. 23rd AVENUE - P.O. BOX 759 . BOYNTON BEACH, FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (561) 734-7546
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CERTmCA TION:
I HEREBY CERTIFY THAT THE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN
ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER61G176, FLORIDA ADMINISTRATIVE CODE, SET FORTH
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA' :
STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE '
SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING,
SKETCH, PLAT pR MAP IS FO'R INFORMATION PURPOSES ONL Y AND IS NOT VALID
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BY; \t /?!/,. /};//,:::.c.:~/f',
JOSEPHM. roCKER, DATE 5-/) 5707
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RqGI~'fERED LAND SURVEYOR NO. 3285
STATE OF FLORIDA
yil\lA TEli!-SEV-I"'E,!f EA5E//)8V7,
5' he-e.I-' / ,CJ /'3 ;'/6 i -?-j -;' 3 D 1
LB 2102
Joe Tucker
NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS
OF THE DESCRIPTION SHOWN HEREON, THERE HAS BEEN NO FJELD WORK
VIEWING OF THE SUBJECT PROPERTY, OR MONillv1ENTS SET IN CONNECTION"
WIlli THE PREPARATION OF THIS INFOR11ATION SHOWN HEREON.
NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY TIlE SURVEYOR
FOR RIGHTS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD
Phone:
'-Boca (581) 391-4388
Boynton (581) 737-B54e
FAX (581) 734-7546
JOSEPH M. TUCKER, P.L.S.
219 S.E. 2:Jro Ave.. P.O. Box 759
Boynton Beach. FL 33435
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Joseph M. Tucker, P.l.S.
BOUNDARY SURVEYS
MORTGAGE SURVEYS
CONSTRUCTION LAYOUT
219 S.E. 23rd AVENUE - P.O. BOX 759 - BOYNTON BEACH. FLORIDA 33435
BOYNTON BEACH Phone (561) 737-6546 . Fax (56:) 734-7546
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LEGAL DESCRIPTION
PARCEL "B"
(SEWER AND WATER UTILITY EASEMENT)
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A PARCEL OF LAND LYING IN SECTIONS 19 AND 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, SAID PARCEL BEING A PORTION OF TRACT 44 OF THE PLAT, SUBDIVISION
OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 7, PAGE 19, AND LOTS "A" AND "B", BLOCK 3, OF PALM BEACH FARMS
COMPANY PLAT NO.8, OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLA T BOOK 5, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, SAID LAND MORE P ARTICULARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST;
THENCE WITH A BEARING OF SOUTH 87 32' 47" WEST, ALONG THE NORTH LINE OF SECTION 30, A
DISTANCE OF 702.05 FEET, TO A POINT, (AND A POINT ON THE WEST LINE OF THE REPLAT OF
BOYNTON COMMONS, P.C.D., AS RECORDED IN PLAT BOOK 81 , PAGE 10, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA), THENCE WITH A BEARING OF NORTH 02 27' 13" WEST, ALONG THE
WEST LINE OF THE ABOVE DESCRIBED PLAT, A DISTANCE OF 250.38 FEET, TO A POINT ON THE SOUTH
LINE OF TRACT "A", OF THE PLAT, REPLAT OF BOYNTON COMMONS; THENCE WITH A BEARING OF
SOUTH 83 16'46" WEST, ALONG THE AFOREMENTIONED SOUTH LINE OF TRACT "A" A DISTANCE OF
25.07 FEET, TO A POINT, SAID POINT BEING THE POINT OF BEGINNING OF THE WEST LINE OF A 20.00
FOOT WIDE UTILITY EASEMENT; THENCE WITH A BEARING OF SOUTH 02 27' 13" EAST, A DISTANCE
OF 146.23 FEET TO A POINT "A", THENCE CONTINUE ALONG THE BEARING OF SOUTH 02 27' 13" EAST,
A DISTANCE OF 12.00 FEET TO THE END OF WEST LINE OF THE 20.00 FOOT WIDE EASEMENT, AND THE
BEGINNING OF THE WEST LINE OF A 12.00 FOOT WIDE EASEMENT; THENCE CONTINUE WITH THE
BEARING OF SOUTH O~ 27' 13" EAST A DISTANCE OF 20.00 FEET MORE OR LESS TO THE END OF THE
WEST LINE OF THE 12.00 FOOT WIDE UTILITY EASEMENT.
THENCE FROM POINT "A", WITH A BEARING OF SOUTH 87 32' 47" WEST, ALONG THE NORTH LINE OF
THE SONIC PROPERTY, AND THE NORTH LINE OF A 12.00 FOOT WIDE UTILITY EASEMENT, A
DISTANCE OF 205.00 FEET, TO A POINT; THENCE SOUTH 02 27' 13" EAST, A DISTANCE OF 25.00 FEET
TO A POINT; THENCE SOUTH 87 32'47" WEST A DISTANCE OF 47.76 FEET MORE OR LESS TO THE WEST
LINE OF WINCHESTER BLVD, AND THE END OF THE NORTH LINE OF A 12.00 FOOT WIDE UTILITY
EASEMENT
THENCE FROM POINT "A", WITH A BEARING OF SOUTH 87 32' 47" WEST, ALONG THE NORTH LINE OF
THE SONIC PROPERTY, AND THE NORTH LINE OF A 12.00 FOOT WIDE UTILITY EASEMENT, A
DISTANCE OF 20.00 FEET, TO A POINT; THENCE SOUTH 02 27' 13" EAST, A DISTANCE OF 12.00 FEET
TO A POINT; SAID POINT BEING THE BEGINNING OF THE CENTERLINE OF A 12.00 FOOT WIDE UTILITY
EASEMENT; THENCE CONTINUE WITH A BEARING OF SOUTH 02 27' 13" EAST, A DISTANCE OF 18.00
FEET TO THE END OF THE 12.00 FOOT WIDE EASEMENT
THENCE FROM THE POINT OF BEGINNING, WITH THE EAST LINE OF A 5.00 FOOT WIDE UTILITY
EASEMENT, RUN WITH A BEARING OF SOUTH 02 27' 13" EAST,ADISTANCEOF 12.00 FEET TO THE END
OF THE 5.00 FOOT WIDE EASEMENT
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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www.boynton-beach.org
July 24, 2006
Jon E. Schmidt
Jon E Schmidt & Associates
333 Southern Blvd. #200
West Palm Beach, FL 33405
RE:
File No.:
Location:
Sonic
COUS 06-002
Winchester Park Blvd. at Boynton Commons Plaza
Dear Mr. Schmidt:
Enclosed is the Development Order granted by the City Commission on July 18, 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 and/or 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.
Imoortant: Jfyou plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our stafffor 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,
. ael W. Rumpf
irector of Planning & Zoning
CC: Winchester, Winchester, Zeiher & Schroeder, FL OP
S :\Planning\SHARED\ WP\PROJECTS\Sonic\Appvl Letter.doc
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DEVELOFONT ORDER OF THE CITY COMUION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Sonic
APPLICANT'S AGENT: Jon E. Schmidt & Associates
APPLICANT'S ADDRESS: 333 Southern Blvd. #200, West Palm Beach, FL 33405
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 18, 2006
TYPE OF RELIEF SOUGHT: Conditional Use / New Site Plan approval for a 1,674 square foot
fast-food drive-in restaurant.
LOCATION OF PROPERTY: East side of Winchester Park Boulevard between Boynton Beach
Boulevard and Old Boynton Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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:
6.
7.
DATED:
1.
Application for the relief sought w 'n a manner consistent with
the requirements of the City's La :e S I fl ~n~R~L@tirmr
The AP~~S U! JUL 2 I 2006 IiJ I
HAS NOT I
DEPARTMENT OF 0 VELOp
established by substantial comperen relief requested.
2.
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 Applicant'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.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
Other
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EXHIBIT C
JUSTIFICATION FO&, ~ONDmONAL USE u"NlC, BOYNTON BEAcH
Rev May 23, 2006
D. STANDARDS FOR EVALUATING CONDmONS USES. The planning and development
board and City Commission shall consider only such conditional uses as are authorized under
the terms of these zoning regulations and, in connection therewith, may grant conditional
uses absolutely or conditioned upon the faithful adherence to and fulfIllment of such
restrictions and conditions including, but not limited to, the dedication of property for
streets, alleys, recreation space and sidewalks as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare, or deny conditional uses
when not in harmony with the intent and purpose of this section. 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 and make written findings
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.
Ingress is available from a main entry located off Winchester Park Blvd and a secondary
ingress and egress to the adjacent shopping center to the north. Vehicular circulation is
separated from pedestrian circulation and access to emergency vehicles is available to
all sides of the building.
2. Off-street parking and loading areas where required, with particular attention to the items
in subsection 0.1. 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.
Off street parking requirements are exceeded in the proposed design and allow for safe
and efficient access. The property is located within the middle of numerous commercial
developments and development will have no negative impact on surrounding properties.
3. Refuse and service areas, with particular reference to the items in subsection 0.1. and
0.2. above.
Refuse containers are located to the rear of the property and are located out of the path
of the main circulation system. Adequate room for truck maneuvering is provided.
4. Utilities, with reference to locations, availability and compatibility.
As stated above, this development is located adjacent to multiple existing commercial
developments. All utilities are located directly adjacent to the site and will not cause any
additional public infrastructure improvements.
5. Screening, buffering and landscaping with reference to type, dimensions and character.
The proposed buffering and landscape exceeds the current land development code and is
designed to be in character with the existing developments by incorporating like
materials and design standards.
..
Justification
Sonic Boynton Beach
Page 2 of3
....
,
,
6. Signs and proposed exterior lighting with reference to glare, traffic safety, economic
effect and compatibility and harmony with adjacent and nearby properties.
Only one monument sign is proposed for the property frontage on Wmchester Park Blvd.
The lighting and development of this property is a compatible commercial use and will
work in harmony with the surrounding development.
7. Required setbacks and other open spaces.
The proposed site layout exceeds all required setbacks and open space requirements.
8. General compatibility with adjacent properties and other property in the zoning district.
The proposed development is a compatible commercial use and can only compliment the
adjacent properties of the area.
9. Height of buildings and structures with reference to compatibility and harmony to
adjacent and nearby properties and the city as a whole.
The proposed structure is one story and compatible with all adjacent structures.
10. Economic effects and adjacent and nearby properties and the city as a whole.
"Sonic ", a highly regarded national restaurant chain, is a very sought after dining
experience. This will draw patronage and can only effect nearby properties and the City
as a whole in a positive way by providing a high quality sales and service product for all
the area to benefit from.
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.
The proposed development is being submitted for review and conditional use approval
and will meet or exceed all Land Development requirements.
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.
No odors or fumes will be carried out of the area or be carried into any residential
district. No noise will be conducted on the site that would not be in compliance with
Chapter 15, Section 15.8.
.'
Justification
Sonic Boynton Beach
Page 3 of 3
13. Required analysis. All conditional use applications for bars, nightclubs and similar
establishments shall include the following analysis:
a. Data on the sound emitting devices/equipment and the methods and materials to be
used to assure that the acoustic level of the City Code will be met.
NOT APPLICABLE
b. The analysis shall specify the authority and/or basis for determination of the acoustic
level of the sound emitting devices/equipment.
NOT APPLICABLE
c. The analysis of any sound retention, reduction or reflection shall include information
such as the nature, types and coefficients of sound absorbent and sound-reflecting
materials to be used, coatings of surfaces of ceilings, walls, windows and floors and
insulation to be used.
NOT APPLICABLE
d. It shall also verify that sound standards shall be met during the normal opening of
doors for people entering and exiting the establishment.
NOT APPLICABLE
EXHIBIT "D"
Conditions of Approval
Project name: Sonic
File number: COUS 06-002
Reference: 3rd review plans identified as a Conditional Use with a May 23, 2006 Planning & Zoning date stamp
ki
mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
1. The proposed Laurel and Live Oaks adjacent to the dumpster enclosure X
location present a vertical conflict for solid waste pickup. Relocate trees
away from the dumpster enclosure or specify an alternate species (such as
palms) to allow clear vertical movement for solid waste equipment.
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
2. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
3. 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)).
4. Provide proposed and existing water and sanitary sewer main sizes for this X
plan submittal. As-built information may be obtained from the City of
Boynton Beach Utilities Dept. (561-742-6400).
5. 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.
6. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
7. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements. Please show all proposed easements on
the engineering drawings, using a minimum width of 12 feet. The
easements shall be dedicated via separate instrument to the City as stated in
CODE Sec. 26-33(a).
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
8. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
9. 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 proiect, in accordance with the CODE, Section 26-15.
10. PVC material not permitted on the City's water system. All lines shall be X
DIP.
11. Appropriate backflow preventer(s) will be required on the domestic water X
service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207.
12. 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)
and will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
13. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets. Correct all plans to match.
14. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
15. The plans indicate the storm sewer system ties into the existing drainage X
within the Winchester Park Blvd. right-of-way. Provide written verification
from the storm sewer system owner/maintainer that this is acceptable and
that the system has the capacity to accept the additional flows.
16. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
grate, rim and invert elevations for all structures. Indicate grade of storm
sewer segments. Indicate material specifications for storm sewer.
17. Full drainage plans, including drainage calculations, in accordance with the X
DEPARTMENTS INCLUDE REJECT
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
18. 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:
19. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
20. Indicate within the site data the occupancy type of the building as defined in X
2004 FBC, Chapter 3.
21. 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 2004 FBC, Section 1609 (Wind 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.
22. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
23. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
A The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _' _ NGVD is
above the highest IOO-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management
construction development regulations."
B From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
C Identify the floor elevation that the design professional has established for
the building within the footprint of the building that is shown on the
drawings titled site plan, floor plan and paving/drainage (civil plans).
24. 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.
25. A water-use permit from SFWMD is required for an irrigation system that X
Conditions of Approval
4
DEPARTMENTS INCLUDE REJn~ 1
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. 373.216.
26. 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)
27. 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.
28. 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.
29. 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-
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 permit application at the time of application submittal.
30. Canopy shall be designed to withstand 140 mph wind load per 2004 FBC, X
Chapter 16. Submit details for review.
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments:
31. Landscape Plans Sheets LP-l. LP-2 X
All shade and palm trees on the Plant list must be listed in the specifications
as a minimum of 12'-14' height, 3" diameter at DBH (4.5' off the ground),
and Florida #1 (Florida Grades and Standards manual). The height of the
trees may be larger than 12'-14' to meet the 3" diameter requirement.
[Environmental Regulations, Chapter 7.5, Article II Sec. S.C. 2.J
32. The details section for the Shrub and Groundcover Planting Detail should X
include a line indicating where the height and spread of the plant will be
DEPARTMENTS INCLUDE REJECT
measured at time planting and inspection.
33. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed building and parking
facility from the Winchester Park Boulevard road right-of-way.
34. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
35. This project will require a cross access agreement with the property to the X
north.
36. Clearly identify the site address at the top of the monument sign (Chapter X
21, Article IV, Section 2.B.).
37. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and has demonstrated their participation
through the submittal of the Public Art Information Form. Associated Art
fees are due at time of pennitting.
38. All signs must be located a minimum often (10) feet from any property line. X
39. Provide a detail of lighting fixture depicting the type of baffling/shielding X
proposed to ensure there is no light spillage onto adjacent properties and
that the lighting element itself is not visible from those adjacent properties.
40. If for any reason, potable water use becomes necessary, the use of drought X
tolerant plant species (per the South Florida Water Management District
Manual) shall be maximized and the irrigation system should have water
conservation designs (such as a drip system), where possible.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be detennined. ~
S:\Planning\SHARED\ WP\PROJECTS\Sonic\COA.doc
CROSS PARKING AND INGRESS - EGRESS EASEMENT AGREEMENT
This CROSS PARKING AND INGRESS EGRESS EASMENT AGREEMENT, (the
"Aereement") is made and entered into on this _ day of , 2006, by
and between Suncoast Royal Investments, LLC ("Sun coast"), a Florida limited liability
company and Riverside National Bank ("Riverside"), a corporation.
RECITALS:
Whereas, Suncoast requires certain permanent ingress and egress driveways upon Riverside's
property ("Driveway Easements") and whereas Suncoast and Riverside desire to permit mutual
access and cross parking easements between their adjoining parcels.
A. Suncoast is the owner of certain real property ("Sonic Parcel") located in Boynton Beach,
Florida, legally described in "Exhibit A" attached hereto and depicted on Exhibit "D" and labeled
the Sonic Restaurant.
B. Riverside is the owner of certain real property ("Bank Parcel") located in the city of Boynton
Beach, Florida, legally described in Exhibit "B" attached hereto and depicted on Exhibit "D" and
labeled the Bank Parcel.
C. Sonic and Riverside have agreed to allow Sonic two permanent Driveway Easements also
known as ingress-egress easements on the Riverside Parcel over property legally described in
Exhibit "C". These Driveway Easements shall be constructed by Riverside on a portion of the
Bank Parcel running north and south along the eastern boundary of the Bank Parcel connecting
the Sonic Parcel to the Boynton Commons Access Road and running east and west along the
south boundary of the Bank Parcel connecting the Sonic Parcel with Winchester Park Boulevard.
Said Driveway Easements are legally described in Exhibit "c" and labeled access driveways on
Exhibit "D" of the overall site plan for the Sonic Parcel and Bank Parcel.
AGRE E ME NT:
NOW, THEREFORE, for and in consideration of the promises and the mutual covenants
herein contained, and intending to be legally bound, the parties hereby agree as follows:
1. Reciprocal Access and Parkine
For the benefit of the parties and their permitees and subject to the terms and conditions hereof,
Suncoast and Riverside each grant unto the other non-exclusive easements ("Cross Access") over
and across the drives and parking areas of their parcels (from time to time as same shall exist)
and to and from all streets and roads, public or private, for vehicular and pedestrian ingress and
egress and parking over the others' parcel. Suncoast and Riverside agree to construct the
improvements on their respective parcels in accordance with the site plan Exhibit "D" herein.
The parties shall each satisfy all applicable governmental parking requirements upon their
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respective parcels without taking into account any parking spaces on the other party's parcel.
The number of parking spaces utilized for any use on a parcel shall be the number required by the
zoning and other applicable codes that may exist at the time such use commences.
2. Special Dedicated Drivewavs
In addition to the Cross Access granted above Riverside Specifically dedicates two particular
access Driveway Easements over its parcel as described in Exhibit "C". These two Driveway
Easements shall be created in a manner that permits them to be insured by a title company.
These Driveway Easements shall be irrevocable and continue in perpetuity. They shall be
recorded among the public records and be covenants that permanently run with the land and
binding on all parties heirs, successors and assigns. Riverside does hereby dedicate these
Driveway Easements as legally described in Exhibit "C", (also know as ingress-egress
easements) in perpetuity for the benefit of Sonic its successors and assigns. Riverside Agrees to
execute a specific grant of easement ("Grant of Easement") document at the time that Riverside
purchases and takes title to the Bank Parcel. This Grant of Easement will be recorded in the
public records of Palm Beach County, Florida at the time of closing and the Driveway Easements
shall continue in perpetuity. The Grant of Easement shall also include a provision for a sign
easement in favor of Suncoast which sign will be located on the northern boundary of the Bank
Parcel near the Driveway Easement connecting into Boynton Commons Access Road. The
parties shall mutually agree on the location of the sign.
3. General Maintenance.
Each party shall operate, manage and maintain its own respective parcel, inclusive of all
buildings and the landscaped, hardscaped and parking areas thereon, or cause them to be
operated, managed and maintained in a state of good repair, free of trash and debris and in a first-
class clean and orderly condition at all times. Each party shall pay for its own costs in fulfilling
its maintenance obligations.
4. Insurance and Mutual Indemnification.
Each party shall indemnify, defend and save the other party harmless from any and all demands,
liability, damage, expense, cause of action, suit, claims, and judgments, including reasonable
attorney's fees, arising from injury or death to person or damage to property that occurs on (i)
either the indemnifying party's parcel, or (ii) the other party's parcel, and is occasioned wholly or
in part by any act or omission by such indemnifying party, its employees, agents, invitees, guest
and contractors.
Each party shall, severally, and at all times maintain or cause to be maintained in full force and
effect a commercial general liability insurance policy with respect to its parcel with a financially
responsible insurance company or companies, including coverage for claims of bodily injury,
personal injury, property damage, and contractual liability pursuant to this section. Such
insurance shall be on an occurrence basis providing single limit coverage in an amount not less
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than $1,500,000 per occurrence. The policy shall carry a cost of living adjustment at annual
renewal. Each party's commercial general policy with respect to an easement area shall
Each party hereby agrees to indemnify and hold harmless the other party and its officers,
directors, agents, employees, stockholders, parent corporations and subsidiaries, and successors
and assigns from and against claims, losses, liabilities, actions and other proceedings, judgments
and awards, costs and expenses (including, but not limited to, all reasonable attorneys' fees),
damages and damage for injury to person or property (including the Parties and their respective
property) resulting from, relating to, arising out of or in connection with (a) the business
operations of the parties at their respective parcels, (b) any activity or omission of the parties
affecting the Property, (c) any entry upon the property by the parties or (d) this Agreement. Upon
demand, the violating or defaulting party shall promptly provide a defense to such claims, actions
or right of action (at law or equity) and shall promptly pay for all associated and resulting costs,
damages, settlements, penalties, judgments, fees and expenses, including attorneys' fees and
costs.
5. Provision for Phased Development and Cost Sharin2:
It is anticipated that the Sonic Parcel may be developed and opened before the Bank Parcel and in
this regard certain improvements may be required on the Bank Parcel in order that the Sonic
Parcel may obtain its governmental approvals and certificate of occupancy.
In accordance with this provision as stated above the following work ("Shared Work") may be
required to be performed by Suncoast in order to obtain its final permits and certificate of
occupancy. This Shared Work includes but is not limited to: Water and sewer line installation
on the property which will be utilized by both Riverside and Suncoast; landscaping on the
Riverside Parcel along the perimeter as required by the city of Boynton Beach; paving of the
Driveway Easements; night time lighting, sprinklers, etc.
Riverside hereby grants to Suncoast a temporary license for the purpose of performing the Shared
Work on the Riverside Parcel as are reasonably necessary to perform the Shared Work. Suncoast
shall provide a list of the work to be done and a cost estimate to be forwarded to Riverside prior
to the work being done and Riverside agrees to pay Suncoast upon completion fifty (50%) of the
total cost for the Shared Work.
Further, it is agreed by the parties that when Riverside undertakes the construction of its
improvements on the Riverside Parcel it will use its Best Efforts to not interfere or interrupt the
daily operations of the Sonic Parcel. This will include but not be limited to Suncoast maintaining
unrestricted access for vehicles and pedestrians to and from the Riverside Parcel to the Sonic
Parcel along the Driveway Easements and public and private roads adjoining the overall site.
6. Rules Relatin2: to Drivewav Easements and Cross Access and Development
Neither Party may change the location or configuration of the Driveway Easement or Cross
Access without the prior written consent of the other Party. No fence, division, partition, rail or
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obstruction of any type or kind shall ever be placed, kept, permitted, or maintained between the
Bank Parcel and Sonic Parcel or between any subsequent division thereof which would prevent
vehicle or pedestrian access from one parcel to the other.
The Site Plan, attached hereto as Exhibit D, is part of this Agreement and shall control the
overall development of the property and each party shall build and develop its parcel accordingly.
Neither the Bank Parcel nor the Sonic Parcel may change the buildings, parking, driveways,
drive-thrus without the express written consent of the other party.
7. Use Restriction
The Bank Parcel shall carry a restriction for twenty-five years (25) from the date of this
Agreement prohibiting the Bank from using or operating the Bank Parcel for any restaurant use.
8. Compliance with Laws
The parties shall comply at all times with all federal, state and local laws, ordinances,
statutes, rules and regulations, including, but not limited to, environmental, employment and
labor, occupational health and safety (collectively, "Laws"). The parties shall indemnify, defend
and hold harmless each other from any costs, penalties, expenses, including but not limited to
fines, losses, property damage, attorneys' fees and other costs arising out of the failure of anyone
of the other parties to comply with such Laws. Riverside and Sonic shall also comply with all
codes and applicable standards and secure, as necessary, any permits or inspections, or furnish
any deposits or bonds necessary to complete the Inspections.
9. Governin2: Law and Venue
This Agreement shall be interpreted in accordance with the substantive and procedural
laws of the State of Florida. Any action at law or judicial proceeding relating to this Agreement
shall be instituted only in Palm Beach County, Florida.
10. Effective Date
This Agreement shall become effective as of the latest date opposite the signature lines
below.
11. Maintenance of Imrovements
Each Party shall operate, manage, and maintain its own respective parcel, inclusive of all
buildings and the landscaped, hardscaped and parking areas thereon, or cause them to be
operated, managed, and maintained in a state of good repair, free of trash and debris and in a
first-class clean and orderly condition. Each party shall pay for its own costs in this regard.
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12. Remedies
If any of the parties breaches any provision of this Agreement and such breach is not cured with
thirty (30) days after receipt of written notice of such breach, or if such default is of a kind which
cannot reasonably be cured within thirty (30) days, and the defaulting Party has not commenced
such cure within said thirty (30) day period and does not thereafter diligently prosecute such cure
to completion, then any other Party may institute legal action against the defaulting Party for
specific performance, injunction, declaratory relief, damages, or any other remedy provided at
law. Ifthe breach referred to in the proceeding sentence is the failure of Riverside to, repair and
maintain the Driveway Easements, then Suncoast after such notice and cure period has expired
may perform such work to cure the breach and such costs shall be shared equally by Riverside
and Sonic. All remedies herein or at law shall be cumulative and not exclusive. As used herein,
any reference to rights or remedies "at law" or "under applicable law" shall also include any
rights or remedies "in equity."
The defaulting party shall, within ten (10) days of written demand by the other party that cured
the breach, accompanied by appropriate supporting documentation, reimburse the curing party
for all costs and expenses incurred by the curing party, together with interest thereon at the rate
equal to the current prime rate plus 3%, from the date such costs and expenses were advanced or
incurred by the curing party. If any party or parties shall fail to pay to the other party any
payment in respect of Shared Work or other work within thirty (30) days of the date the sum is
due, the applicable party shall be a defaulting party and the other party shall be a curing party.
The remedies provided in this Article are in addition to any remedies available elsewhere in this
Agreement or under applicable law. Exercise of one remedy shall not be deemed to preclude
exercise of other remedies for the same default, and all remedies available to a party may be
exercised cumulatively.
No failure by an party hereto to insist upon the strict performance by any other of any covenant,
term or condition of this Agreement or to exercise any right or remedy consequent upon a breach
thereof shall affect or alter this Agreement, and each and every term, condition and covenant of
this Agreement shall continue in full force and effect with respect to any other then existing or
subsequent breach.
13. Term
This Agreement shall remain in full force and effect in perpetuity and be binding on each
parties successors and assigns.
14. Notices
Any notices required by, and to be given in connection with any dispute arising out of this
Agreement shall be in writing and deemed to have been properly given when delivered in person
or by telecopy or three (3) days after being sent by certified or registered United States mail,
return receipt requested, postage prepaid, addressed to:
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If to Riverside:
With a copy to:
If to Suncoast
SUNCOAST ROYAL INVESTMENTS, LLC
8496 Yorke Road
Wellington, FL 33414
Attn: Chris Bender
Telephone:56l-632-l415
Telecopy:
With a copy to:
Robert V. DiAlberto, Esq.
4807 SW 118 Terrace
Cooper City, Florida 33330
Telephone: 954-684-3545
Telecopy: 954-680-8299
15. Para2raph Headin2s
The subject headings of the paragraphs of this Agreement are included for purposes of
convenience only and shall not affect the construction or interpretation of any of its provisions.
16. Counterparts
This Agreement may be executed in two or more counterparts which shall, in the
aggregate, be signed by all the parties. Each counterpart shall be deemed an original instrument
as against any party who has signed it.
17. Entire A2reement
This Agreement constitutes the entire agreement between the parties pertaining to the
subject matter contained in it, and supersedes all prior and contemporaneous agreements,
representations, and understanding of the parties with respect to such subject matter and with
respect to any other agreements relating to the Property.
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18. Waiver
No failure by any party hereto to insist upon the strict performance by any other of any covenant,
term or condition of this Agreement or to exercise any right or remedy consequent upon a breach
thereof shall affect or alter this Agreement, and each and every term, condition and covenant of
this Agreement shall continue in full force and effect with respect to any other then existing or
subsequent breach.
The provisions of this Agreement may be waived, altered, amended, superseded, or repealed, in
whole or in part, only by a written document executed by all parties to this Agreement.
SUNCOAST ROYAL INVESTMENTS, LLC,
a Florida corporation
Witness:
Print Name:
By:
Title:
Date:
Witness:
Print Name:
RIVERSIDE NATIONAL BANK
corporation
a
Witness:
Print Name:
By:
Title:
Date:
Witness:
Print Name:
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