R00-078
RESOLUTION ROO- 7i3
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO RATIFY AN AMENDED
MEDIATION AGREEMENT BETWEEN DSS
PROPERTIES, LTD., AND DSS MANAGEMENT,
INC., D/B/A TWO GEORGES RESTAURANT,
OCEAN BREEZE FESTIVAL PARK, INC,. AND
THE CITY OF BOYNTON BEACH; PROVIDING
FOR SETTLEMENT OF ALL PENDING
LITIGATION BETWEEN THE PARTIES, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, DSS Properties, Ltd., and DSS Management, Inc., d/b/a
Two Georges Restaurant, Ocean Breeze Festival Park, Inc,. and the City of
Boynton Beach have been engaged in litigation arising from the City's
approval of the Marina Redevelopment Project; and
WHEREAS, the parties have participated in mediation and through
mutual cooperation and effort have resolved all pending disputes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida does hereby ratify an Amended Mediation Agreement between DSS
Properties and DSS Management, Inc., D/B/A Two Georges Restaurant,
Ocean Breeze Festival Park, Inc,. and the City of Boynton Beach, providing
for settlement of all pending litigation between the parties, a copy of which
Agreement is attached hereto as Exhibit "A".
Section 2. By adoption of this Resolution, the City Commission
acknowledges that certain action is required by the City and its administrative
staff to effectuate the settlement. The City Commission, by this Resolution,
confirms its authority and intent to complete each of the obligations listed in
paragraph 1 through 9 under the heading "City or City staff (as the context
dictates) will:"
Section 3. It is the intent of the Commission that the provisions of
the Amended Mediation Agreement shall supercede provisions of the
Development Agreement between the City and Ocean Breeze Festival Park,
or amendments thereto, in the event of any conflict. The Mayor and City
Clerk are authorized to execute an Amendment to the Development
Agreement to incorporate the provisions of the Amended Mediation
Agreement.
Section 4. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this 6 day of June, 2000.
CH, FLORIDA
Vice Mayor
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Mayor Pro T em
Cit Clerk
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IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR PALM BEACH
COUNTY, CIVIL ACTION
CASE NO. CL 99-8505 AG
DSS PROPERTIES, LTD. and
DSS MANAGEMENT, INC. D/B/A
TWO GEORGES RESTAURANT,
Plaintiffs,
Vs.
CITY OF BOYNTON BEACH,
Defendant.
/
AMENDED MEDIATION AGREEMENT
WHEREAS, on April 3, 2000, the parties hereto met to mediate their differences; and
WHEREAS, the parties hereto have reached an agreement and desire to set forth the terms
upon which the agreement has been reached.
NOW, THEREFORE, D.S.S. Properties, Ltd., and D.S.S. Management, Inc. d/b/a Two
Georges Restaurant, hereinafter referred to as "Two Georges" and Ocean Breeze Festival Park,
Inc., hereinafter referred to as "Garcia" and the City of Boynton Beach, hereinafter referred to as
"City", hereby agree as follows:
City or City staff (as the context dictates) will:
1. City staff will:
(a) recommend to the City Commission the abandonment of Cas a Lorna
Boulevard, 50% of the width of which will go to each abutting property
owner, which abandonment shall occur only after Two Georges takes title to
the Hall property; and
(b) recommend to the City Commission development agreement amendments
with Garcia, which will be consistent with this agreement; and
(c) administratively approve the use of sufficient compact car spaces to make
up for the loss of four parking spaces due to ramps to be constructed from
Casa Lorna Boulevard to the Two Georges' property; and
(d) administratively approve two curb cuts for ramps to access the Two Georges
and Hall property.
2. Recommend to the City Commission that it eliminate those portions ofthe
development agreement pertaining to public rights of access to Casa Lorna
Boulevard and the area referred to as the Casa Lorna Overlook.
3. Process in the normal course of City business Two Georges permit application No.
99-4849, which, among other things, requests to raise the main dining room floor to
an elevation of 4.5 feet NVGD as well as construction of a new "chickee" roofto
replace the existing "chickee" roof. City and/or City staff will waive their prior
objection to these proposed floor elevations. It is understood that the applicant will
have to satisfy comments on other issues raised by staff relative to the application.
4. Not object to the use of the second floor area as a stand-up waiting area (no food
service) provided Two Georges can obtain all other necessary permits from
governmental entities with jurisdiction over the use of this area.
5. Recognize that the existing operation of Two Georges Restaurant, marina, and
associated facilities and the Hall's drift fishing operation (one boat only) are valid
legal grandfathered non-conforming uses. Two Georges shall submit a schedule
listing all existing uses which will be verified by the City, based upon currently
permitted uses, for purposes of establishing the limits of the valid legal
grandfathered non-conforming uses.
6. Recognize that Hall's drift fishing operation (one boat only) shall immediately
utilize, and Two Georges Restaurant, marina and associated facilities may utilize,
improved parking on the six lots owned by Two Georges south of Ocean Boulevard
to meet City Code, provided however that during construction of improvements on
Casa Lorna the lots may be used in accordance with temporary parking standards.
Nothing herein shall prevent the City from initiating an occupational license
revocation proceeding if, in the future, it is determined that Hall's drift fishing
operation or associated businesses fail to use the off-site parking lots referenced
herein, unless alternate parking is provided on site or off-site in accordance with
City parking regulations.
7. If and only if Two Georges can obtain permitting to build an up to 2,300 square
foot deck from all permitting agencies, including the City, with jurisdiction over
such a facility, and if such deck use under the City Codes requires additional
parking, then it may be satisfied with the provision of the specified number of
parking spaces on the lots south of Ocean Boulevard. This provision may only be
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used for the construction of a deck and may not be credited against other proposed
uses on the site.
8. Not object to the use of the vacant portions of Two Georges or Hall's property for
stacking of valet parking. City recognizes that Hall's drift fishing (one boat only)
operation is a valid legal grandfather non-conforming use.
9. Extend the time frame for construction of Casa Lorna by the amount of time equal to
the time from filing the Writ of Certiorari to the date of filing the dismissals of
litigation hereunder.
Garcia will:
I. Build at it's expense, Casa Lorna Boulevard in the configuration set forth in the
1/17/00 site plan, and shall discuss the construction details with Two Georges'
engmeer.
2. Will grant Two Georges a nonexclusive reciprocal parking, ingress and egress,
drainage and utility easements agreement for the portions of Casa Lorna Boulevard,
which shall be owned by Garcia, and Garcia shall agree not to change that portion
of Casa Lorna Boulevard which it shall own without the consent of Two Georges,
which consent shall not be unreasonably withheld. Furthermore, Garcia will grant
to the public the nonexclusive right of ingress and egress over that portion of Casa
Lorna Boulevard which it shall own, subject to the right to have restaurant tables as
generally shown on the Casa Lorna Overlook detail shown on the 1/17/00 site plan.
Any future application by Garcia to amend the approved Site Plan in a manner
which alters the design of Casa Lorna Boulevard or which alters public ingress or
egress thereto shall be processed as a major site plan modification.
3. Build the configuration of the turnaround area and Casa Lorna Overlook detail
shown on the 1/17/00 site plan (not including tables, which may be installed by
others).
4. Shall install curb cuts for ramps to Two Georges and Hall property, as shown on the
1/17/00 site plan.
5. Convey by quitclaim all property rights owned by Garcia to City for the Boynton
Beach Boulevard extension to the Intracoastal for the South 15 feet of such 30 foot
wide right-of-way, which 15 feet is located immediately North of Garcia's North
property line, as outlined on the attached drawing.
6. Garcia shall grant to the City at no cost to the City, a non-exclusive easement for
right-of-way for the Boynton Beach Boulevard Extension East of the proposed
apartment building, to the Intracoastal, South of Garcia's North Property line,
provided Garcia's development approvals are not adversely affected, all as outlined
3
on the attached drawing, which easement shall not prohibit dock users from
accessing the walkway and docks just South of the easement area. The City shall
use the easement area as part of the proposed "Boynton Promenade", to which the
public shall have access.
Two Georges will:
1. Grant Garcia a nonexclusive reciprocal parking, ingress and egress, drainage,
utility, maintenance and construction easement for that portion of Casa Lorna
Boulevard which shall be owned by Two Georges, and Two Georges agrees not to
change that portion of Casa Lorna Boulevard which it shall own without the
consent of Garcia, which consent shall not be unreasonably withheld. Furthermore,
Two Georges will grant to the public the nonexclusive right of ingress and egress
over that portion of Cas a Lorna Boulevard which it shall own, subject to the right to
have restaurant tables as generally shown on the Casa Lorna Overlook detail shown
on the 1/17/00 site plan. After construction Two Georges shall pay one half the
cost of maintenance of Casa Lorna Boulevard. Any future application by Two
Georges to amend the approved Site Plan in a manner which alters the design of
Casa Lorna Boulevard or which alters public ingress or egress thereto shall be
processed as a major site plan modification.
2. Will be responsible for the payment of all costs associated with improvements to
Two Georges property (except for those improvements to Casa Lorna Boulevard to
be provided by Garcia as provided for in this Agreement), including ramps from the
Casa Lorna Boulevard to Two Georges and Hall property.
3. Agrees to the configuration of the turnaround and Casa Lorna Overlook shown on
the 1/17/00 site plan, and will pay 50% of the cost of the above-ground
improvements of the Casa Lorna Overlook, including pavers, landscaping, and
lighting and shall pay 50% of the cost of the associated seawall (which seawall cost
was $10,629), less a credit of $1 ,500, all of which shall be paid to the City within
thirty (30) days of receipt of a certified engineering estimate and paid to Garcia by
City upon completion of such improvements.
All parties will:
1. Voluntarily dismiss their respective law suits with prejudice thirty-one (31) days
after completion of the abandonment of Casa Lorna Boulevard, the conveyance of
rights set forth herein to the extension of Boynton Beach Boulevard to the east, and
the amendments to the development agreement between Garcia and the City,
provided there are no appeals of the approval.
2. Will cooperate with each other in the fulfillment of this agreement and Two
Georges will not object to any development consistent with this agreement.
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3. Will submit this Mediation Settlement for court approval in the Action for
Declaratory Judgment and request the coun to retain jurisdiction for enforcement of
the agreement.
4. All parties shall bear their own costs and attorney fees in the lawsuits and this
agreement.
Subject to CitY Commission Approval:
_ This agreement is subject to approval of the City Commission and if such approval is not
forthcoming by June 7, 2000, this agreement shall be null and void. All conveyances,
abandomnents, and approvals shall be completed by July 5,2000, or this agreement 1S null
and void unless extended.
Agreed to this 1M da.y of .F-
,2000. hy the undersigned parties.
D.S.S. PROPERTlES~ L TD.~ and D.S.S.
MANAGEMENT, INC. d/b/a TWO
GEORGES RESTAURANT
BY:~0:~~'-~~~~ '
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OCEAN BREEZE FESTIVAL P~ INC.
By:
v:qJA~i",/ fr-e~/J./;f
CITY OF BOYNTON BEACH
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By:
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City of Boynton Beach
Memorandum
FROM:
Sue Kruse, City Clerk
Rose Marie Lamanna, Legal AssistanQt
TO:
DATE:
June 13, 2000
RE:
Boynton Marina
Attached for your safe keeping is the original duly executed Amended Mediation
Agreement between D.5.S. Properties, Ltd. and D.5.S. Management, Inc,. d/b/a
Two Georges Restaurant, and Ocean Breeze Festival Park, Inc,. and the City of
Boynton Beach.
s/
Enc.
Cajdept/c1erk/memo - graham releases