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1999-57 Site Plan Approval Gas Station NW Corner SR7 and Hillsboro Blvd. RESOLUTION 99 - 57 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA FOR SITE PLAN APPROVAL OF A GAS STATION I CONVENIENCE STORE AT THE SHOPPES OF PARKLAND, LOCATED AT THE NORTHWEST CORNER OF STATE ROAD 7 (US 441) AND HILLSBORO BLVD, PETITIONED BY SALTZ MICHELSON ARCHITECTS; CASE NO. 08-SP-99. WHEREAS, at a regular meeting of the City Commission a Quasi-Judicial Public Hearing was held to hear testimony for and against the petition of Saltz Michelson Architects requesting site plan approval of the Hess Gas Station/Convenience Store; and WHEREAS, the City Commission of the City of Parkland has heard information from the petitioner's representatives, staff and the public; and WHEREAS, the City Commission has found that the proposed development is consistent with the Comprehensive Plan; and WHEREAS, the City Commission has found that the proposed development meets all applicable concurrency requirements; and WHEREAS, the City Commission has found that the proposed development meets all applicable codes and ordinances of the City of Parkland; and WHEREAS, Resolution 99-09 and the Settlement Agreement approved by the City Commission states that the City Commission will be the sole reviewing body for the out-parcels at the referenced property; and WHEREAS, as part of the City Commission review there shall be an architectural review the applicant shall submit the type of documentation normally submitted to the Community Appearance Board with regard to the elevations, colors, landscaping, signage, and lighting. NOW, THEREFORE, be it resolved by the City Commission of the City of Parkland, Florida, that; The Hess Gasoline Station I Convenience Store site plan is approved with the following conditions: 1. This approval is based on the site plan entitled; "Gas Station / Convenience Store @ Shoppes of Parklandn prepared by Saltz-Michelson Architects dated received by the Planning Department on October 14, 1999 containing five (5) sheets, and also including landscaping plans prepared by Dave Bodker Landscape Architecture containing one (1) sheet, and paving and drainage engineering plans prepared by McLaughlin Engineering Co. and John B. Smith Engineers, Inc. containing two (2) sheets and photometric RESOLUTION 99- 57 PAGE 2 (lighting) site plan prepared by Saltz Michelson Architects containing one (1) sheet. All dated received October 14, 1999 by the Planning Department. 2. Compliance with all conditions contained in settlement offer agreed to by CGT Properties on February 12, 1999, Oriole Homes on February 12, 1999 and Parcland Associates Ltd. on February 12, 1999. The conditions of said agreement and all approvals therein shall be applied to this development. All architecture and design features shall be substantially similar to that on the building constructed in the Revised Site Plan as set forth in the above agreement. 3. The petitioner shall have installed prior to the issuance of a Certificate of Occupancy for the convenience store / gas ~tation a minimum of eight (8) green buttonwood trees twelve (12') feet in height with a minimum five (5') foot spread to be planted between the eastern row of parking and the approved landscaping buffers for Shoppes of Parkland. 4. The petitioner shall install recycling bins next to the gas pumps prior to the issuance of a Certificate of Occupancy. 5. The petitioner shall install a stop sign post 6 x 6 in size and of rough saw cedar material with a clear stain prior to the issuance of a Certificate of Occupancy for the gas station. 6. Hours for deliveries shall be from 8:00 a.m. to 8:00 p.m. as reflected in the settlement agreement and on the approved revised site plan. PASSED AND ADOPTED THIS 1 st DAY OF December ,1999. CITY OF PARKLAND, FLORIDA --P~ SAL GLlARA, MAYOR ATTEST: 9rkfluv ~t-<- HELEN LYNOTT, CMC CITY CLERK res-hess MEMQJ.WIDllM TO: FROM: SUBJECT: DATE: November 22, 1999 >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Resolution No. 99-57 is being processed in conjunction with a site plan approval for a gas station I convenience store contained within one of the out-parcels for the Shoppes of Parkland. The subject property has a current Commercial (C) land use with a compatible Broward County B-3 (BCB3) zoning. This approval is being processed in conjunction with the settlement agreement approved by the City Commission upon the site plan for the Shoppes of Parkland. The subject property is north of Hillsboro Boulevard and west of State Road 7 containing approximately 1.5 acres. The .. proposed development includes a gas station with convenience store and a drive-thru. All required parking is contained on site and access is internal to the parking areas within the shopping center. As part of the settlement agreement, review by the Community Appearance Board and the Planning and Zoning Board is not required for the out-parcels. The petitioner has included as part of the site plan; elevation drawings, landscaping drawings, lighting drawings as well as signage including an individual free standing sign which is currently permitted by code for gas stations along US 441. All concurrency and level of service (LOS) code requirements have been satisfied with the proposed application. Staffhas recommended in the conditions that the petitioner comply with all agreements as set forth in the settlement offer from CGT Properties, Oriole Homes and Parcland Associates. An additional condition requires an additional row of trees along the US 441 frontage of the development to provide additional screening and landscaping for the high gas station canopy. SUMMARY: Staff recommends approval of Resolution No. 99-57 with conditions. 99-122 ~ 1 ~ -,-- - I - - - - - =--:=.-:.t~~~, ---- " ....- " ......,J "~" H r - 4'''" '~\ I 0 ~ \ \\ I - \ \, I I \ I 0 It \ I I \ _ _ J 0 I I 10 I I --1 0 I I I i , 101 I I I / I I I / I' I 0 I / /1 OUTPARCEL'l ~/ //" 1 .52 ACRES ----~ .. /:~/ 9 I - 11- II ~ 1_::; --~ r~ : \: I~ II1I GAS ST~ I I CONY, E!l REl'AIL I rr, 3.000 S.F', I: I: Il:ql PARTIAL SITE PLAN SCALE 1" = 60'-0" F: \Dwgs\99189\si tesub\xrefs\D1 .dwg .DYtC October 18. 1999 15:28 -- I ~! I =~:'~:PAmAND ~A~!Z H ~I~HEE~S~~ 10..11.00 PJr 09119 3501 GRJPPIN llOAD Pt. LaadIIdIIe, FL 33312 (954) >>2'JOO PI: (954) 51701 ~+1.__.~ .AA,.OOO2I9'1 . o , (c ~~fl:.& SHALl.. Be oJ;:''' HlliltiH ,All" f;)Afltt=- 6-~e!~ ~~~o PAINT - WHITE HERON SW 12425 PRICE SIGNS STUCCO FINISH - SAND SW 120~9 SPUT FACE BLOCK - OORME:R BROWN SW 12050 FREE aT ANDING GAS aT A TaGH SIGN SCALE 1/4" - 1'-0" ~'_,II b r ;.., L 1 5' -0" } F: \Owgs\99HS9\$i tesub\xrefs\02.dw9.0W:; Oc:tob.... 18. 2999 15:26 ~ NOTE: ll-IE SIGN SHALL NOT EXCEED AN OVERAll. HEIGHT OF' 6'-0" FROM THE CRO~ OF lHE ROAD =-=STAtIONATSROPPaOFPAltElAND SALTZ MICHELSON n. n..:&,: Ptojeat~ ARC HIT E C T S p{rvuuy .& ~e:""4$oetO fa... (~-4<: 3501 0JIIftI.IN &OAD Pt.~PL )331.2 (954)-'" Ps:(954)~Ol .- ... I~ If'r\aa.cr- ... ~ .. A Family of High Performance Luminaires Styled to Compliment the Architectural Environment 'r '- . Every architectural site, from pedestrian plazas and walkways, to larger city scapes, business complexes, and shopping centers, has its own character which affects the quality of our living, working, and recreational environments, ((~t/)UJtL1 ry The Moldcast Pericline@ Series is designed to enhance these environments, both aesthetically and functionally. Six distinctive architectural styles are available in both pole and wall mounted versions. : tj Contemporary. Rectilinear Contemporary - Cylindrical ~ r J! Series 71000 - Small - 70-250W HPS -100-175-250W MH r- ;~..., Series 76000 - Intermediate r 2.. -250-400w HPS I -250-4OOW MH .L Series 77000 . large -250-400W HPS -400- tooow MH Contemporary. Mansard Option Series 71000 - Small - 70-250W HPS -100-175-250W MH r-: ~~. Series 76000 - IntermediatellJ .250-400w HPS z.. .250-4OOW MH ..L Series 77000 -large .250-4ooW HPS -400, 1 OOOW MH .~ . 'j ., .) !. :J ',t "~ ',~ " ,t " "1 ," ~ ,,( Series 72000 - Small "1 J ,,'., if .~J; -'A' "':(,1- ':', .'.(1.: :}.'., '.t oj. - 70-250W HPS -100-175-250W MH '. r- ~~-J Series 79000 . Intermediate r -250.400w HPS 12.. -250-400w MH Series 78000 -large -250-400w HPS .4oo.1000w MH :.::[ l- ~~4 ~..t r ::.~ '.~i! [ " DKS Associates 12000N. DsIe,.bryHwy. Suire 112 rempe. F/orldIJ 33$1B.3311 (813) H2..s9Sg Fax: (813) 912-5744 nwme. T",,,.,,matlon. Engfneerfng . P""nlng Ootober 4, 1999 Bradford D. Townsend, Director of Planning City of Parkland f3500 Parkside Drive Parkland, FL 33067 Re: Parkland Plaza Parcel 1 Site Plan ~r Mr. Townsend: We have reVIewed the request by the City of Parktand to close the .CC888 drive to Parcel 1 that is located on the Parkland Plaza access drive to SR 7. The access drive In question is currentl)' shown on the site plan at a location approximately 180 feet west of SR 7. We believe this Is an appropriate and safe location for this drive because It Is well spaced in relation to the adjacent Intersections. Therefore, we recommend that It remain open. Our key ftndings related to this Issue are listed below: 1, Principal trafflo movements tolfrom this out parcel will be right turns In from and left turns out to the access drive to SR 7. 2. The driveway is located a sufficient distance (180 feet) from SR 7 so Inbound vehicles have an adequate distance to react to right turning vehicles Into the out parcel. For community c;ent"r8 like Parkland Plaza we find that El150 foat distance to the first interned I!ICC8SS drive or cross aisle is 8umoient. Outbound vehicles from Parcel 1 wlll.tore IntemaJlY and therefore wi/I not conniet with movements on the access drive to SR 7. The 30 foot width of the access drive to SR 7 provides ad~quate maneuvering room for vehicles in case of an emergency situation. 3. The proposed driveway Is located directly opposite a drfveway serving II similar out parcel on the south side of the access drive to SR 7. These driveways are 50 feet east of the Intersection of the 8CCGQa drive to SR 7 with a north-south oircula.tion/parklng aisle. The 50 foot spaoing for these drives is consistent with the spacing of circulation/parking aisles found throughout the shopping center. Speeds on the Internal circulation and perking aisles are typically 15-25 mph so the 40..50 foot spacing of Intersection. Is satisfactory as long as adequate sight lines ere provided. If there are any Questions In regards to this issue, do not hesitate to cal/. Sincerely yours, ~1!:;;:,ff fl~r A:\1004.cc..dr.wpd llIHJIU"" l'l.nun'. I" VVI. ,"u ;JJ\IIL1Ul IV'UI ~...: J I UV 1 l&J,LJo"'fUU'""l"S:7VO.. --- _ _ _ -.. _ '-- ANDREW s. MAURODIS, ESQ. Tel8pholle: (954) 480-4265 TelecDpier: (954) 480-4490 MEMORANDUM TO: BRAD'rOWNSEND ANDY MAURODlS ~ October 20, 1999 FROM: DATE: RE: The ShflDpCS of Parkland This will confirm my advice to you that the settlement agreement in the above referenced matter provided that the City Commissioll will be the sole reviewing body for the out- parcels at the above referenced property. However, please note that as part of the City Commission review, there shall be an architectural review to assure that the development ofthc out-parcels is architecturally consistent with the main building. Therefore, the applicant shall submit to the City Commission the type of documentation nonnally provided to the Community Appearance Board with regard to the appearance of the structure. I would rccomnlend that elevations of the approved Structure be included for comparison by the City Commission to aSsure that the temlS of the settlement are satisfied. ASMlrb . --. fJ~ . ..' ~'A1'fj.y-:o:J \, ~T-20-gg 1f:15 FROM-_ t "'\ )-f). --~ T-OIO P,OI/OI F-g;S -_.......-.. .. ( ) ... " -'no .' ft ,- 99-1.15&02 T#001 02-2&-99 11:59AM ~ COVER SHEET RE: SETTLEMENT OFFER BY THE CITY OF PARKLAND PURSUANT TO SECTION 70.001 (4)(c), FLORIDA STATUTES BETWEEN: CITY OF PARKLAND, a Municipal Corporation of the State of Florida; and CGT PROPERTIES, INC., a Florida Corporation; and PARCLAND ASSOCIATES, LTD., a Florida Limited Partnership; and ORIOLE HOMES CORP., a Florida Corporation ; ( i " This instrument prepared by and RETURN TO: .' ANDREW S.' MAURODIS, City Attorney City of Parkland 150 N. 'E. 2nd AVc.,-me Deerfield Beach, Florida 33441 Telephone: (954) '.80-4265 Telecopier: (954) 480-4490 CD n: N \D N -.J N -0 Ci) en Ui C> /',._~ \ I: (t.'\ '... 1':".1) ~. .--"-:-' ,. '" / t ..7'.... :<- , f' 1 \~... SEITLEMENT OFFER BY THE CITY OF PARKLAND PURSUANT TO SECTION 70.00t(4)(c). FLORIDA STATUTES This Settlement Offer is made by the City of Parkland, a municipal corporation of the State of Florida ("City"), to CGT Properties, Inc., a Florida corporation, its successors and assigns . ("CGT"), ParcIand Associates, Ltd" a Florida limited partnership, its successors and assigns ("Associates"), and Oriole Homes Corp., a Florida corporation, its successors and assigns ("Oriole"), pursuant to Section 70.001(4)(c), Florida Statutes, the Bert 1. Harris, Jr. Private Property Rights Protection Act (the "Act"). I. RECITALS The following recitations establish the basis for and are a part of this Settlement Offer: A. Oriole was the owner of the parcel of property located in City described in Exhibit "A" and City is the owner of the parcel of property described in Exhibit "A-I" (the "Land"), B. CGT was the Contract Purchaser of the Land. C. On February I, 1999, Associates purchased that portion of the Land described on ; Exhibit "A", and is now t~e owner of same. D. CGT, as Contract Purchaser, and with the consent of Oriole, submitted an application for site plan approval for development of the Land to City, said application being identified as City Case No. 04-SP-98 (the "Site Plan"). CGT also submitted an application to City for utility easement abandonment, said application being identified as City Case No. 01-AB-98 (the "Utility Easement") and an application to abandon certain drainage easements, said applications being identified as City Case No, 02-AB-98 (the "Drainage Easement"). 0) ~ N c..D N -.J N I:l G') 0"1 U1 o 'U E. On October 21 and October 22, 1998, City conducted a public hearing concerning the Site Plan, the Utility Easement and the Drainage Easement. On October 22, 1998, City denied the Site Plan and tabled consideration of the Utility Easement and the Drainage Easement. F. On November 23, 1998, Oriole and CGT filed a petition for a writ of certiorari, Case No. 98-0 I 8973-08, in the Circuit Court for the Seventeenth Judicial Circuit (the "Petition"). G. On November 24, 1998, CGT'filed a complaint for damages and declaratory relief and demand for jury trial in the Circuit Court for the Seventeenth Judicial Circuit, which complaint was subsequently removed to United States District Court for the Southern District of Florida, Case No. 98-7426-CIV -ZLOCH (the "Complaint"). H. On December 16, 1998, Oriole filed a claim for relief pursuant to the Act (the "Claim"). I. Associates has been assigned all rights, claims, causes of action and remedies of Oriole or CGT against the City, Sal Pagliara, Robert Marks, Ricky Gordon, Bobbi Pugliese, Mark Weissman, and any City erPployees or representatives and on February 5, 1999, Associates filed for . relief pursuant to the Act as successor to the Claim of Oriole who no longer owns that portion of the Land described on Exhibit A. 1. Subsequent to the filing of the Petition, the Complaint and the Claim, representatives of CGT and representatives of City met to discuss revisions to the Site Plan and the architectural design of the buildings to be constructed on the Land (the "Revised Site Plan") and, as a result of those discussions, and the significantly modified site plan (which includes revised architectural renderings) suggested by CGT and Associates, City makes this Settlement Offer. Page -2- co ;M; N \.0 N -.J N -0 G") en Ul N () '. .;. o K, These discussions referred to above were settlement negotiations aimed at resolving the Petition, the Complaint, and the Claim, L. This Settlement Offer shall become a Settlement Agreement as provided in Section IV. hereof and is made with the full understanding that it is a satisfactory offer which shall result in an acceptance thereof by Oriole, CGT and Associates. M. For the purposes of this Settlement Offer, City shall mean the City Commission and any board, agency or department of City. II. CITY'S OFFER AND OBLIGATIONS A. City hereby approves the Revised Site Plan, a copy of which is attached hereto as Exhibit "B" and Exhibit "B-1 ". Based solely on the Revised Site Plan and solely for the purpose of implementing this settlement of the Claim (and the Petition and Complaint), this approval allows the Land to be developed for the following uses: 147,428 square feet of commercial uses consisting of a 108,532 square foot retail store plus a 1,776 square foot mezza~ne, a 24,000 square foot retail building and a second 13,120 square foot . retail building and City shall construe the B-3 permitted uses (attached hereto as Exhibit "C" and referred to as B-3 Permitted Uses) to permit BJ1s and other similar uses such as a Costco, Sports Authority, Office Depot, or Home Depot and shall construe them not as wholesale or warehouse uses but, in fact, construe them as permitted retail uses which may be constructed and operated on the Land, provided said uses are constructed pursuant to the Revised Site Plan (subject to the subsequently limited right to minor modification as set forth in the next paragraph). In recognition of the obligation to construct in compliance with the Revised Site Plan and the fact that this Settlement Offer and the above interpretation are made solely for the purpose of a Page -3- OJ 7"'C: N \D N -.J N -0 en 0"\ U1 W o o compromise based upon the Revised Site Plan, the panies understand that Associates may thereafter desire or have the need to make minor changes to the Revised Site Plan as pan of a renovation, alteration, or reconstruction of any building constructed pursuant to the Revised Site Plan, after all set forth below. Therefore, the parties agree that under certain specific conditions and within certain (,:0 ~ N \..0 N -.l N v G") buildings have been constructed. The City herein grants such right, provided it is strictly limited as specific limitations, all as set forth below and on Exhibit B-2, renovations, alterations, or reconstruction of the buildings constructed on the Revised Site Plan shall be permitted, The 0" U1 r limitations are as follows: 1, The Revised Site Plan shall first be constructed and all buildings depicted thereon shall .... have received certificates of occupancy; and 2. All architectural features and designs, including but not limited to the fountain, trellises, sidewalk and wall treatments, and entrance features, etc. shall be incorporated into any revised building or structure so as to assure a facade and developm~nt substantially similar in appearance and design as provided for in the " Revised Site Plan; and 3. All construction shall comply with the City of Parkland code requirements in effect at the time of the new construction, including but not limited to any additional parking requirements as set forth in the City Code; however, provided that any alterations, tu.~. renovations, or reconstruction shall further be limited as set forth on Exhibit B-2; and *""~..." J,'~9~.<I- 1444'(' J,1t"''',~,. ~""""1II1OtJ G"'....O..I.'4~~ further provided that the height of the building, identified as building # 1 J\ shall be ~ limited to 35 feet and the height of the building identified as building #2 shall be limited to the height set forth on the Revised Site Plan; and Page -4- \~ C, \_Y 4. No alterations of any water bodies shall be permitted and no reduction in the amount oflandscaping shall be permitted; and 5. All construction shall comply with the South Florida Building Code and other applicable requirements; and 6. The building envelope set forth on Exhibit B-2 shall strictly control the footprint and extent of any alteration) renoyation or reconstruction. In addition, solely for the purposes of this Settlement Offer, and Settlement Agreement, the three parcels depicted on the Revised Site Plan as "Outparcelsl) may be developed for any of the B-3 Permitted Uses, subject to all other City regulations in force as of October 22, 1998. Prior to the issuance of a building permit for development for an Outparcel, an application for site plan approval shall be submitted to City for approval ~y the City Commission, however such site plan application shall not be reviewed by the City's Community Appearance Board and provided further that the architectural design of the buildings to be constructed on the Outparcels shall be approved by the City if the architectural desi~n is substantially similar to the architectural design of the buildings . . constructed pursuant to the Revised Site Plan. The building which is constructed on Out-Parcel No. 2 shall be permitted to have a sign on the sides of the building which face S.R. 7/441 and Hillsboro Boulevard. In all other respects the signs shall comply v"lth the Parkland Sign Code. City recognizes the fact that the Revised Site Plan does not depict building footprints on the Outparcels and City agrees that the building footprints will be approved if they comply with City's ordinances, this Settlement Offer, and the regulations of other agencies with jurisdiction and the South Florida Building Code, Page -5- co ?"l: N 1.0 N -.I N -0 en Q"\ U1 U1 ,,-.. . . } o B, City hereby approves the abandonment of the Drainage Easement and upon execution of this Settlement Offer shall adopt a resolution to abandon the Drainage Easement, and shall execute such documents necessary to implement the Multi-Party Agreement, in a form substantially similar to the agreement attached as Exhibit "0" (copies of the Resolutions and the Agreement are attached as Exhibit "D"). Associates shall promptly thereafter record said documents. C. City hereby approves the abandonment of the Utility Easements and shall, upon execution of this Settlement Offer, adopt a resolution abandoning such Easements (copies of which are attached as Exhibit "E"). Associates shall record such easements. 0, City, CGT and Associates shall execute such documents as are required to grant to Broward County those easements which are required to be granted pursuant to the Agreement among Broward County, The Kennedy Group, Mecca Farms, Inc., Oriole, Pine Tree Water Control District and the City of Parkland relating to the realignment ofHillsboro Boulevard, the aforesaid Agreement being dated October 25, 1988 (in substantially the locations indicated on Exhibit "F"). Associates shall promptly thereafter ~ecord said document. E. All applications for approvals or permits to develop the Land shall be reviewed in accordance with and shall be governed by the Settlement Offer, and shall be approved if they comply with the terms of this Settlement Offer and otherwise meet the requirements of City ordinances except as they are modified by this Settlement Offer, as those ordinances existed on October 22, 1998 and shall comply with the South Florida Building Code in existence at the time of development and the regulations of any other agency with jurisdiction. F. All permit fees or other charges of City which are required to be paid pursuant to City's ordinances shall be those fees or charges as they existed on October 22, 1998, Page -6- m 7'l:: N u:) N -.1 N -0 G') (J) (J1 0"\ \_) III. OBLlGA TrONS OF ORIOLE. CGT. AND ASSOCrA TES As a condition to the ofTer set forth above. the following actions shall be required: A. Upon execution of this Settlement Offer, Oriole, CGT, and Associates shall deliver to City a Stipulation for and Order of Dismissal with Prejudice of the Petition which also joins Associates as a party for the purpose of dismissing any claim it may have (in the form attached hereto as Exhibit "G"). B. Upon execution of this Settlement Offer, CGT shall deliver to City a Stipulation for and Order of Dismissal with Prejudice of the Complaint which provides for the joinder of Associates as a Plaintiff and its participation in the dismissal with prejudice, as well as dismissal of the Claim (in substantially the form attached hereto as Exhibit "H"). C. Upon execution of this Settlement Offer, Oriole and Associates shall deliver to City a written dismissal with prejudice of the Claim (in the form attached hereto as Exhibit "I"). D. Upon execution of this settlement offer CGT, Oriole, and Associates shall execute a complete release of all c~ims in any way whatsoever related to the facts and issues raised in the , Petition, Complaint and Claim, which release shall also include Sal Pagliara, Robert Marks, Ricky Gordon, Bobbi Pugliese, and Mark Weissman, and all other agents or employees of the City (in the form attached as Exhibit "J"). E. The Land shall be developed substantially in accordance with the Revised Site Plan. Page -7- co 7'l; N \.D N -.J N -0 C) en U1 -1 o () IV. SETTLEMENT AGREEMENT This Settlement after shall become a Settlement Agreement when it is executed by City, Oriole, CGT and Associates. The effective date of the Settlement Agreement shall be the date upon which the last party affixes its signature hereto. The above provisions of the Settlement Offer shall thereafter be deemed binding covenants which are material elements of this Settlement Agreement. The purpose and effect of the Settlement Agr.eement shall be to resolve any and all claims or causes of action of whatsoever nature that any party may have against the other (including, but not limited to those against the City of Parkland, the Parkland City Commission, Sal Pagliara, Robert Marks, Ricky Gordon, Bobbi Pugliese and Mark Weissman, in either their official or personal capacities) and all claims which were raised or could have been raised in the Petition, Complaint or Claim by either Oriole, CGT, and Associates (whether or not they are presently a party to anyone of these actions) or in any way arising out of or related to the actions of the City Commission, Sal Pagliara, Robert Marks, Ricky Gordon, Bobbi Pugliese, and Mark Weissman acting upon or in denying the site plan or tabling action on the utqity and drainage easements on October 22, ] 998, and to further affix the . rights and obligations of the parties as set forth in the Settlement Offer and Settlement Agreement. Further, Associates, as successor to Oriole and as the present owner of the property described on Exhibit "A" does, as part of this Agreement, hold City, individual Commissioners, and all City employees and representatives harmless from any and all claims or causes of action which previously inured to the benefit of Oriole or CGT. V. MISCELLANEOUS PROVrSrONS A. In the event of a conflict between the Revised Site Plan and the terms of the Settlement Agreement and any City ordinance, resolution or other requirement of City relating to the Page -8- co r<: N 1..0 N -.1 N -0 Gi 0" U1 en o o development of the Land, the terms and conditions of the Revised Site Plan and the Settlement Agreement shall prevail (with the exception of the South Florida Building Code and the requirements of other agencies with jurisdiction). B. City specifically finds that the terms and conditions of this Settlement Offer and Settlement Agreement and development of the Land substantially in accordance with the Revised Site Plan protect the public interest served by the regulations at issue and the Settlement Offer and Settlement Agreement provide the appropriate relief necessary to prevent City's regulatory efforts from inordinately burdening the Land. C. The parties agree that this is a binding settlement agreement under the terms of the Act, D. Either Oriole and/or Associates shall close the purchase and sale of the property described in that Letter Agreement dated August 30, 1989 between Oriole and City in accordance with the tenns thereof; provided that Oriole and Associates hereby acknowledge receipt of the survey and title infonnation (thr01gh Oriole) as required in the Letter Agreement and that all preconditions for the transaction.have been satisfied by City and that payment to City shall occur the earlier of: 60 days from February I, 1999, or the application for any site clearing, site work, or building permit to enable construction of any portion of the Revised Site Plan by any person or entity. E. The Settlement Agreement shall be binding upon City, Oriole, CGT, Associates and their successors and assigns and shall be recorded in the public records of Broward County, Florida and run with and bind the Land and all future owners thereof F, The undersigned signatories do hereby cenify that they have all requisite authority to bind the panies for whom they are affixing their signature to this Agreement. Page -9- co ~ N 1..0 f',.') -.J N -0 G') en U1 \.0 (J o G. This document shall be interpreted liberally to achieve its intent. H, In no event may this document be admi:;:;ible in a coun of law for any purpose other than to enforce its terms and conditions. indicated below. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates CITY OF PARKLAND A Municipal Corporation of the State of Florida By _~~~/ ATTEST: ~~ ~Cjty Clerk 0-- 7~ / 7 1999 , Dated: ST ATE OF FLORIDA COUNTY OF BROW ARD The foregoing inst(ument was acknowledged befon; ~e, the undersigned Notary Public in and for the State of Florida, 'On this, the ~ day of 7 ~ 1999, by Sal Pagliara, Mayor of the City of Parkland, a Municipal Corporation of the State J}Ffc;rida. ~\\\,\""l"",,/, ~,,\\I.....~ M. LYN. IIII~ ~ ~\,'" ........ OI'I'~ ~ ~ ..-;~\SSlON it:. ~ ~ leSs ~w '8.~~'" ~ - .~.g q,~.::' = ::r~ ~(f):*:: :*: ..... : = - . . ~- ~a~. 'CC790368 ':2$ ~ ~ .:\ ~~ .i'. is!:: ~~;..."t~~~~~.f ~ ,ctA ........ '" C'" ~ "1111: 'BilC ST~\~ 1\",..... IIIIII/illll"\\" Printed, typed or stamped name of Notary Public exactly as commissioned ~ersonaIly known to me, or Produced identification: Type of identification produced Pane -10- o co 7" N ...0 N -.J N -0 GJ rn m C) The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the 1"'2 '-I't.. day of ~'or- .:\., (. , 1999, by Garry L. Witt, Vice President ofCGT Propelties, lnc" a Florida corporati \' '-~ )'-'''--- \ , ," tiI<.L~L/ I /I-t::~~ ublic, State of Florida () '"'_"0'- STATE OF FLORIDA COUNTY OF f"AL--M.13~L H OFRCIAL NOTARY SEA,L DORANNE M GARVIN NOTARY PUBUC STATE OF =~DA . COMMISSION NO. CC. (1()1 MY COMMISSION EXP. IAN, 1.2 . ; } '0 CGT PROPERTfES, fNC. A Florida Cof~oration By: , 1999 Dated: 12.. J .0. ,<. '] Printed, typed or stamped name of Notary P14blic exactly as commissioned ~ Personally known to me, or Produced identification: Type of identification produced Page -11- co 7"\: N \.0 N -.J N -0 (i") 0'"\ 0"'\ () "Io..~' {;~J ORIOLE HOMES CORP. A Florida Corporation Witnesses: C By: >'. _ ,M ark A. Levy, Pres ent . . . ~ c.....""'-II\..""~ -e.. _o-w...o('..J:.-tc~ -- Officer' . '-~~~.~n-o / J u..,~\e.. L. ({o~~ . Dated: A Ii 2 q l) I I STATE OF FLORIDA -., COUNTY OF--BRO\VAM ~(\L"'\. ~) E-'t\<'..... \\- The foregoing instrument was ack1).owledged before me, the undersigned Notary Public in and for the State of Florida, on this, the 12!:-- day of-;~~:\2 ~ ~":i , 1999, by Mark A. Levy. President and Chief Operating Officer of Oriole Homes Corp., a'Florida corporation, ~ ~. ( _..~ tary Public, State ofFlonda ----' ; 1 Printed, typed or stamped name of Notary Public exactly as commissioned --.2:S.. Personally known to me, or Produced identification: Type of identification produced ~~:.,-;;.~~~ JEANNETTE CALDERONE ~.:i;.~ MY COMMiSSION' CC 481466 ~ ~! EXPIRES: HoV8mber 17. 1999 "'Q, . ~ 8clnded 11lIII Hctiuy PuIlIIc ~ Page -12- OJ 7" N \.D N --J N -u (j) 0"' 0'"\ N .--.:"- ~(l lj Witnesses: STATE OF FLORIDA CO UNTY OF: P 1'1- L..- to""- S e po.. <- {- ( ~o PARCLAND ASSOCIATES. LTD. A Florida Limited Partnership By: Harc1and, LLC., a Florida Limited Liability Company, its General Partner By: Goodman Properties, Inc., A Florida Corpor~ti:n, its ~""tg M~lr~ By' I[ (;( iw/ Wl11iam A. Shewalter, Vice President Dated:t-"r:>~-L::l,.r,,': i(.__, 1999 J The foregoing instrument was ackno~ledged before me, the undersigned Notary Public in and for the State of Florida, on this, the \ L +"-day of _F'O.'3,;u;~ r!:4--> 1999, by William A. Shewalter, Vice President of Goodman Properties, Inc., a Florida corporation, Managmg Member ofHarc1and, LLC., a Floriqa limited liability company, general partner of Parcland Associates, Ltd., a Florida limited partnership. (/] .~ _ I ~~)?(~ Notary Public, State of Florida Chanpc2IPa.-ldand L'llyatit'Il!CGT P"'penic:slSelllellle"14,CI."" .,'09199 Printed, typed or stamped name of Notary Public exactly as commissioned L Personally known to me, or Produced identification: Type of identification produced Page -13- CD ~ N \..0 N -.J N -0 G"") 0" m w . CITY OF PARKLAND SITE PLAN APPROVAL APPLICATION Petition for Site Plan Approval Date: Case No.: Receipt No.: 10/18/99 . tJK - :5f7~1i ,/';;a.UU NAME OF PROJECT Gas Station/Convenience Store @ Shop pes of Parkland (1) The undersigned hereby petitions the City of Parkland fpr the above under the applicable City Code of Ordinances and that tpe necessary reviews/hearings by the Staff and Planning and Zoning Bpard and City Commission be called for such purpose to allow: Gas station/convenlence store Containing 3,000 square feet or dwelling units on that p;~~rty located at (street address): west side of North State Road 7, 500 feet north of H1llsboro Boulevard F9lio No.: 8101-01-3491 (2) We are the: (Check One) () OWners () Lessee ( ) Other (Specify) ~) Contract Purchaser ( ) Trustee (3) The record owner of this property is: Parcland Assoc:1atQs C/o The Goodman Company Mailing Address: 777 South F1agl~'t' Drive, Su:tte 1101E, Vest Palm Beach, FL 33401- Telephone No.: 561/833-3777 6161 The occupant of this property is: Hess Gasoline c/o Bern:le Bergman Mailing Address: 2808 HE 32nd Street, Lighthouse Point, FL 33064 Telephone No.: 954/946-4916 .r (4) The undersigned is aware that the Planning and Zoning Board and City ~ission may stipulate or require that the petitioner exercise the approval as granted within a specified time period. (5) The undersigned is aware that if approval is granted by the Planning and Zoning Board, and City Commission they may stipulate such conditions and require such modifications as they deem necessary to accomplish the proper and orderly development of this proposal. (6) I hereby certify that the information submitted pursuant to this application is true and correct to the best of my knowledge. . , Signed: A___ Signed: A ., Date: /0 ",1'-'<<; Owner of Record or Authorized Agent (Attach Authorization) (Petitioner) r.-~~::-~ :. .~.. I I . _., _ ...,-:-0"_#: .....--:'-:"~._~ Or' o' i" I .l\.' \ (over) PlM~: . . . '.6 ,~_:~:R~ (Type) Petitioner's Name: Address of Petitioner: Telephone No.: -Filing Fee $ 730.00 Sakz Kiche1son Archttects 3501 GJ:1ffln load Pt. Lauderdale, PL 33312 954/266-2700 Received by,: dtUt Ay~ loLL Dat'e: ----/!fLI1 NOTE: Attach two (2) sealed surveys/legal descriptions of subject property; signed, complete site plan approval checklist, and:fifteen (15) folded copies of the proposed site plan. ' b:\appform\spa .r .. 10/1./09 ~O~ 13:1' FAX 9549S9~109 SALTZ MICHELSON .\RCH iii uu 01 October 18,1999 City of Parldand 6500 Plrbide Dri~ Parkluad. FL 33061 RE; Agcnr AuthorizaLion To Whom it May Concern, M,- nama it Bc:mi. ....111III ad I am eM coll1nCt purebucr of a.n wtpIrcel ill tho knoWIJ .. the ShopPC' or Parkland. This autpan:cl will be used for a ..-0. . ... I am aufhoriIina the f\nn of Stitz Mic:hellOll Architecra to Ji1c a site plan appro"aI ion fat _ I1Ibject pttlJpCrt)' lad ro ad u my II_ Ua Ill' manel'l pertaiIsiq 1&1 this appli Thank You, Bernie Bergman t9 3mfd - City of PlIlk\and. FL PUlUCHEARfNG The City of Parkland Win hold a City Commlalon maetlng on December " 1898 at 7:00 PM at PlIlk- land City Hall, 6500 Park- Ilde Drive. Parkland, FL 33067 on the following: RESOLUTION NO. 99-56 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA FOR PLAT AP- PROVAL OF THE WILLOW ACRES PLAT; CASE NO. OS-PT-e9. PETITIONER: DAVID & GERCHAR, INC. RESOLUTION NO. 99-57 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND. FLORIDA FOR SITE PLAN APPROVAL OF A GAS STATIONI CONVENIENCE STORE AT THE SHOPPES OF PARKLAND, LOCATED AT THE NORTHWEST CORNER OF STATE ROAD 7 (US 441\ AND HILLS- BORO BLVD. PETITIONED BY SALTZ MICHELSON ARCHITECTS: CASE NO. 08-SP-99. Notice: Please be advised that " a person deeld.. to appeal any decision made I ~ by the board, agency or commlsllon with respect to any matter considered at I: H 1 S'O luch hearing or meeting. he t; 'will need . record 01 the proceedlngl, ancl for IUch purpote he will need to en- lUre that a verbatim record Includ.. the testltjlony and evidence upon which the aJ)f)NI II to be !Sued. 'In accordance with the Amtrlcans with Dllablllty Act and Florida Statuto 286.26 persona with dlaabll- ItieI needing special accom- modation to participate In thll proceeding lhoUld con- tact the CI~ Clerk no later than three (31 da~ prior to the meeting at (954) 753- 5040. Helen Lynott, CMC CIty Clerk Novelnber 21, 1"' ~l 'Fe! T Be A ,I"" .,~ SUN - Ie N T 1 N E L PUBLISHED DAILY . LAUDER~ALE, BROWARD COUNTY, FLORIDA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, DADE COUNTY, FLORIDA ; r.. 1'1 BEACH/DADE NED ~UTHORITY PfRSONAlLY, APPEARED .............. WHO ON OATH SAYS THAl REPRESENTATIVE OF T~E ,. F U 91. ! C HEA~ING IN THE ;\ojATTER OF PESOLUTION# 9;-56 IN THE CIRCUIT CCURT, WAS PUBLISHED IN SAID NEWSPAPER THE IS$ur:S Of C , 11/21, 1 )( AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A ~EWSPAPER PUBLISHED IN SAID BRO~ARD/PALM BEACH/DADE COUNTY, FLORIDA, AND THAT THE SAID NEWSPAFER HAS HERETOfORE SEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM EEACH/tADE COUNTY, FLORIDA, EACH DAY, AND HAS BEEN ENTERED AS SECO~D CLASS ~ATTER AT THE POST OFFICE IN fORT LAUDERDALE, IN SAID 9ROwARD COUNTY, FLCRIOA, FOR A PERIOD Of ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION Of THE ATTACHED CCPY OF ADVfRTrSEMENTi AND AFFIANT FURTHER SAYS THAT HE/She H~S NEITHER ?AI~ NOR PROMISED ANY PERSON, FIRM OR CORFORATICN ANY DISCOUNT, ReSATE, CO"~ISSION OR REfUND FOR THE PURPCSE Of SECURING THIS ADVERTISEMENT fOR PUBLICATION IN SAID NEWSPAPER SWORN TO AND SUBSCRIBED SEfORE ME ::::. :~~~~~~~d ~... ......; (SIGNATURE OF NOTARY PUBLIC) LANA L. REED . tI'i 1a._laN I CC 510788 EXIW8: 0cIDlIIr 21, m ....11lnI . . . . . . . . . . . . . . ..... ~ I, (NAME OF NOTARY TYPED, PRINTED OR STAMPED) FER30NALLY KNOWN ...~.~............. OR PRODUCED IDENTIFICATION ................. .. -----.-~..-....."'......~*:11!.