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CORRESPONDENCE CNi . ~PLICATION FOR OCCUPATIONAL LICENSE - f CITY OF BOYNTON BEACH, FLORIDA BUSi FEE $ THIS APPLICATION MUST BE COMPLETED IN FULL AS PROVIDED FOR IN THE BOYNTON BEACH CODE OF ORDINANCES & RETURNED TO: CITY OF BOYNTON BCH.,OCC. LIC. P.O. BOX 310/100 E. BOYNTON BCH. BL' BOYNTON BEACH, FL 33425 (407) 375-6: I HEREBY MAKE APPLICATION FOR LICENSE: (PLEASE PRINT OR TYPE) 1. NAME OF BUSINESS (dba) l -'hUrL .SE-:ruLce c. 1- 00- 2. CORPORATE NAME 'Sa. vY\ e BUSINESS PHONE () 3. LOCATION OF BUSINESS 7d8 C.Ci.5P-, LOI'Y\.Q 61ud I &(rliuY\ "'te~1 4. MAILING ADDRESS 517& l'Y\t( k. Dr. CITY]SO-t)"\ 1<.JV\ &t .ST. '-:j L 5. CONTRACTOR/PROFESSIONAL LICENSE HOLDER: NAME HOME ADDRESS FL CERT i/PBC COMP i HOME PHONE SOCIAL SECURITY # OR FEDERAL ID # 6. PRESIDENT OWNER OF BUSINESS: NAME . ~lu'~v"'" TITLE Pre~\J-e~'t- HOME ADDRESS 51/'K {Y\cl(lc Dr- ~~J ~L 3:Yt-3~OME PHONEC'f~7) 738-S,)-( SOCIAL SECURITY # d{a -~-- {)(p - ?\'6 '6 '~- OR FEDERAL ID * 7. DESCRIPTION OF BUSINESS ) ~ C) ~ ~ e." Se<<- D ~. PROPERTY OWNER/AGENTGeorc( -e._ fA), Cr.-l (U~ r PHONE -- 9. TOTAL SQ. FT. OF BLDG./SUITE USED FOR THIS OCCUPANCY % OF BLDG. USED FOR OFFICE STORAGE 10. DOES YOUR BUSINESS REQUIRE OUTSIDE STORAGE. YES \/ NO N/A _ -- 11. TOTAL NUMBER OF ALLO'rl'ED OFF-STREET PARKING SPACES FOR USE L - 12. WILL YOU USE, HANDLE, STORE OR DISPLAY HAZARDOUS MATERIALS OR GENERATE HAZARDOUS WASTE, AS DEFINED ~ 40 CODE OF FEDERAL REGULATIONS PART 2617.....YES NO ~ 13. WILL YOUR USE REQUIRE REMODELING AND/OR RENOVATION YES P4. WHOLESALE VALUE OF MERCHANT'S ON-SITE STOCK INVENTORY $ NO ~. TOTAL NUMBER OF SEATS(BARBER SHOPS/R~STAURANTS/THEATERS/ETC.) """" 1O-rAL- P PtS?~N6'rn-C ARA-~(ry · ILf ~ 16. * OF EMPLOYEES (INCL. OWNER) ~ VEHI CLES -' MACHINES. Pep..... t-J.Q""\",,",f 4>/Z'f{'fi RESIDENTIAL RENTAL SITES: # OF BUILDINGS # OF UNITS * OF ROOMS__ ~. K HEALTH DEPARTMENT APPROVAL REQUIRED 19. NAME OF BANK AND CITY: Do.- (' IJ\. e -ti (PLS. ATTACH) YES____ NO N/A____ 11 () l C:-' .- l"")Gl. V\ Ie... I \ a. ~ '-JO r \ v'\ (; S . V I , r NO\ '( PREVIOUSLY LICENSED IN BOYNTON BEACH?........... YES -'20. 21. APPLICATION COMPLETED BY: NAME-.AI aJ\.C' L( ~ ') eLL Lu-e v TITLE_(1,~."----,~ PHON&47)7~8Sd'i' \ I CERTIFY THAT THE ABOVE INFORMATION IS CORRECT AND COMPLETE. I WILL NOT OE FOR BUSINESS WITHOUT LICENSE APPROVAL FROM, & FEE PAID TO, THE CITY OF BOYlM BEACH AND AM AWARE THAT. IF;J DO, I AM SpBJECT TO FINE AND/OR IMPR SONMENT. SIGNATURE OF APPLICANT ~ Liw!~. r1.k-dl DATE (,,;) -", '9 ( IA DATE LICENSED "-L"'I . BUSINESS NAME$'~fr ~~..e ~ QI(VI c.....eS ,T"v<2.... , , ADDRESS 7;< t? e/1-S/I- ~ ~ At A- ,15 ~ v .p I PCN# ~ f"---cf 3- y.r;. '27-0 3 - CJO~ -00/ CJ APPLICATION DATE t - )-.3 -? tj & RCPT. # I tJ t.f tD 3...r- PERMITS IN PROGRESS YES ~NO NOTES: 9i-:< S""'t' 7'- tI-~A-~~ EXISTING CODE V~LATII CASE # .ff-;{i3 U._ DATE: S-/(. -?,c INSP.: I,L. ATTACH CASE NARRATIVE .~ '''. , '\ CONTACT PHONE # IcftJo -71-9-7133 ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- NO_ ZONE: C!..-13 D SIGNATURE DATE ZONING APPROVED YES ENVIRONMENTAL REVIEW REQUIRED yES_NO ============================================================================= FIELD INSPECTIONS REQUESTED: (date) (Indicate approved or denied for each category) (time) SIGNATURE DATE BUILDING INSPECTION COMMENTS ," FIRE SAFETY COMMENTS ENVIRONMENTAL PERMIT DATE ISSUED: COMMENTS: ============================================================================= ADDITIONAL COMMENTS:W !kflrD#- ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- LICENSE FEE $ CAPITAL FACILITIES FOR: REINSPECTION PENALTY FEE SEWER $ FEES $ TRANSFER FEE WATER OTHER TOTAL OIL FEES $ TOTAL $ TOTAL $ A:olapp.ol pm-a/93 MEMORANDUM NO. 94-220 TO: FROM: DATE: Don Jaeger, Building Official Carrie Parker, City Manager June 15, 1994 SUBJECT: TWO GEORGE'S WAVERUNNER The letter from George Culver was forwarded to you for informational purposes only. It is my understanding that he has not applied for an Occupational License because he is aware that his parking situation does not meet the current code. I do not know if there are any other codes besides parking that this use would be in violation of. The City Commission is in the process ot amending the code which it approved by the City Commission, it is my understanding from Planning, that this code change would bring him into compliance regarding the parking issue. I will keep you updated as to the ordinance progression. CaL('0:~[!-- Carrie Parker City Manager CP:jb / cc: Tambri Heyden, Planning & Zoning Director Patty Mathis, Occupational License Jim Cherot, City Attorney lWO.mem ~ >>l , /; ~A BUILDING DEPARTMENT MEMORANDUM NO. 94-138 June 10, 1994 TO: Carrie Parker City Manager FROM: Don Jaeger Building Official RE: TWO GEORGES I am in receipt of a copy of a letter from George W. Culver to you regarding Waverunner operations for the Two Georges Marina. Currently, we have no application on file for an occupational license for this operation. In addition, the Planning Department, by attached memorandum, has placed a freeze on additional commercial licenses at this location until City Zoning and Parking Ordinances are complied with. If it is your current policy to allow additional commercial licenses at this location, please advise me so that we can institute the licensing procedure. Thank you for your attention to this matter. Jkeger DJ:bh Attachment XC: Tambri Heyden Patricia A. Mathis rn .lMJ4~ PlANNING AND ZONING DEPT. WAVERUNR ~ --------------_.,--_..._-"--~'-- PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-005 RECEIVED JAt~ 6 199\ OCCUPATIONAl UCENSES TO: Audrey Hol1ien, Occupational License Administrator FROM: Tambri J. Heyden, Acting Planning and ~ Zoning Director I {J~ DATE: January 6, 1994 RE: Occupational License request for Yamaha boat rental at Two George's Marina I have researched the policy established by the former Planning and Zoning Director regarding new occupation licenses for boats at the marinas within the CBD. As you know, the policy of freezing licensing for vacant slips and issuing new licenses only when an active license is made inactive was established for parking reasons and to grandfather only the number of slips that were currently licensed. I concur with this policy and have discussed it with the Ci ty Manager. I ..have also informed the applicant of the basis for denying his request. TJH/cmc c:yamaha Carrie Parker, City Manager P.O. Box J to Boynton Beach, FL 33425-0310 June J, 1994 Re: Waverunner Dear Carrie: I appreciate the time and help you have given me regarding obtaining my occupational license for the Waverunner operation from my marina area, I agree with you that once the redevelopment of the marina area is complete, and the new buildings and uses are in place, it might present a noise and safety problem to have the jet ski operation continue from that location because of the increased presence ofrestaurantJboat traffic. If that occurs, with an increased use of the area, I would be willing to cease the operation of the Waverunner at that time. Thank you for your time and assistance. Sincerely, a/I ~'" ~ ~x__ ~~~ ~----l George Culver . \ /.-p. ~.,.-Y\.,. .' 1l,:.{)\,''.,A- \ 1 t;. \..1w -7 ,C!., -I) .; J(C/"f ..~ 1 (!:~/"' / ~ I 'I 1" . t jf'b .~..A ... .. " .Il v- 'l" L '., ., ,'\ l '" ,', , , ~ - ...-n.....'-....'., . r. ,/....~ .c-/" ':'~' ' "'" C ,~0v. PLANNING AND ZONING DEPARTMENT MEMORANDUM FROM: James Cherof city Attorney Tambri J. HeYden~~ Planning and Zoning Director TO: DATE: June 14, 1994 SUBJECT: Legal review of the leased parking agreement for Two George's Restaurant Please review the attached copy of the leased parking agreement for Two George's Restaurant (they are leasing spaces from Barnett Bank). This agreement was executed a few years ago without the City's final approval. It went before the CRAB, but since it did not meet the distance limitation for leased parking (the ordinance proposed for second reading next Tuesday, June 21, 1994, initiated specifically for this issue), I believe staff did not ta]<.e it to the CRA, despite CRAB's recommendation that the distance limitation be overlooked. In any event, it was never reviewed by your department. The City Manager is placing review of the agreement on Tuesday's agenda as well. Please inform me if it should appear on the agenda as a resolution or discussion (Legal - Other). Also, this agreement is not a tri-party agreement as the agreement we are currently reviewing for Consumer's Paint and Body. You had requested that Consumer's agreement be rewritten in the tri-party format and I'm not sure whether this is the standard to be followed for future leased parking agreements or whether formal approval (resolution or City signature on the agreement) by the city Commission/eRA is required. Please advise. tjh Attachments A:Leg2Geor ---. BRANCH '.W 114 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 334.'5 PARKING LEASE AGREEMENT THIS INDENTURE, made and enlered inlo lhis 22nd day of January. 1991. by and belween BARNElT BANK 011 PALM BEACH COUNTY. N.A., having a principle pla<:e of business at 2..'\0 Park. A venue South, Winter Part, Florida 32789 hereinafler called Lessor. party of the lirst part, and TWO GEORGK~, INC., having a principle place of business at 728 Casa Lorna Blvd.. Boynlon Beach, Rorida 33435 hercinaflcr called Lessee, parly of the second part. WlTNESSTH ThaI for and in consideralion of the. rents and covenants herein contained. Le~~or hereby Leases unto Lessee, the following described premises in the Cily of Boynlon Beach, County of Palm Beach. The East 117 Feet of Lots, 3, 4, 5 and 6, Plat Book 2, Page 13, Boynlon Beach, Palm Beach Counly ROOda. More particularly described in Exhibil A auached hereto. TO HAVE AND TO HOLD the same for a primary term of one (I) years begiMing on the Firsl day of February 1,1991. and ending on the 31s1 day of January. 1992 al a renIaI annual rate ofTen dollars ($10.00) plus applicable sales tax. The above reol shall be payable in advance to: Barnell Bank or Palm Beach Counly. N.A. Alln: East Region Proper1y Manager 250 Park Avenue South Winter Park, Rorida 32789 COVENANTS AND AGREEMENTS I. Lessor warrants thaI upon perrormance of Lessee's agreemenls WIder Ihis Lea~e, Lessor will maintain Lessee in quiel enjoymenl as against any claim of Lessor, its heirs, execulors, adminiSlrators, successors or assigns. 2. Lessor shall pay all laxes, special assessments and public charges levied again.~1 lhe premises, payable during Ihe lerm of lhis Lease. 3. Lessee agrees 10 pay Lessor the renl as herein specified. H the renl hereunder shall remain oue and upaid ror ten (10) days arter wriUen notice from Lessor to Lessee, Lessor shall have Ihe right to re-enter said leased premises and 10 remove all persons and property UlCreronn. 4. Lessee agrees 10 use the premises solely for the purpose of short lerm, (six (6) hours or less) n0n- commercial (no trucks, buses, elc.) vehicular parking. Lessee rurthcr agrees 10 mainlain said parking spaces in the same general coodilion as when received; ordinary wear, lear, deterioration, damage by the elements, or unavoidable casually excepled. 5. Upon lerminalion of lhis Lease, Lessee shall deliver possession of the leased premises 10 Lessor in the same general condilion as when received excepling however, ordinary wear, lear and delerioralion or damage by the elemenls. 6. Lessee represents Ihat il has inspected lhe premises and accepls the same. for purposes of this Lease and accepts the same, as is. 7. Said lease maybe terminaled-by eilher Lessor or Lessee at any lime by giving Fourteen (14) days wriUen nolice. 8. No signs may be placed by Lessee. 9. The Lessee shall not rurthcr sublet or assign any por1ion or its right under this Lease. 10. II is agreed lhal lime shall be or the essence of dlis agreemenl and this Lease shall be binding on both partie.~. Uleir hiers, persomll representatives, and/or assigns when this Lease shall be signed by both parlies or their authori7.ed agents. Page I of 3 ~ , . ", l" ......' -~- . "." ~~~. ,~ "%o,.,o~ '/.J- (; '17.... 0,. . 1I1;q t\.- Al ro.. P.,,.... %. -'1 'l'I ~ ..,'W, ~~ {'ci"CcI: . ~f . OrO"i1q 'r!li", ~r 'tiI}D A,sSc "hall< S,r,q, c"'c I r. 0 'I"r:J. 11Jci ace ~"'s the s-" ...r, a, a".I'l' '111c h.l'". <'i'1: I)Ch, ~rfIJ' 11}'0' 's, II,. '-( \. I... I.r l..e C.1.rc f <lre .rh- . "hajj he 'a. .fJ; ::?'~ ~ --- " ~ 11. Lessee's use of the premises shall in no way interfere wilh vehicular or pedestrian ingress or egress to and from Ihe drive in banking facility of Lessor. 12. Lessee agrees that il will indemnify and hold harmless Lessor againsl any expense. loss, liabilily, or damage U18t Lessor may sustain or incur on accounl of a breach of any covenant or cooditiOll of UlC Lease or on account of any injury to property or persOlls on the Demised Premises. or in conncctiOll wilh any legal proceedings brought by the Lessee against any person other than Lessor. Lessee's liability under this Lease extends 10 the acts and omission.s of any agent. servant, employee. visitor. or licensee of Lessee. 13. Lessor and Lessee agree to carry fife and extended coverage iltsurance OIl IllCir respective property and interests in the demised premises and mutually release ~ach other from any claims for losses or damage which may be covered by lheir respective policies. 14. Lessee shall provide and maintain at its own expeltse the following insurance with such iltsuring companies auUlOri7.ed 10 do btLsincss in UlC State of Florida with general policy holder's ratings of nol less the A and in a financial Sil.c calegory of not less Ulan XIII. as rated in the most current available Bests Insurance Reports, or the equivalent thereof, and in such fonn and substance as shall be satisfactory to Lessor: Comprehensive General Liabilily Insurance with the following minimum limits of liability: Bodily Injury Property Damage S500,OOO.OO each person S500,OOO.00 each occurrence SIOO.OOO.OO each occurrence SI00,OOO.OO aggregale IS. TIle policy shall provide for Protective Liabilily Insuraoce with respect 10 operations of contractors. TIle policy should be endorsed to provide coverage for Lessor as an additional insured with respecl 10 ils Iiabilily arising oul of its ownership of the leased premises. The policy shall include an endorsement 10 the effeet that the Other Insurance Clause shall nol apply with respect 10 similar insuraoce carried by Lessor. In addilion, the policy shall inelude Contract Liability Coverage which shall cover the following Indemnity Agreemenl, which agreement is hereby made a part of Ulis lease. Allnolices by either party 10 UlC other shall be made in writing by depositing such nolice in the certified or registered mail of Ihe Uniled Slates of America, and such notice shall be deemed to have been served on the dale of such depositing in the certified or register mail unless such deposiiing in the certified or regislered mail unless otherwise provided. All oolices to Lessor shall be made to Barnett Bank, Facilities Department 2nd Floor, 250 Park Avenue, Winter Park, "'orida 32789, Alt. F.ast Region Property Manager with a copy 10 Richard Withers Esq, of Mahoney. Adams & Criser, 50 NOI1h Laura Street, P.O. Box 4099, IacksOllville, Florida 32201 or such other address as Lessor may from time to time designale in wriling 10 Lessee. and all notices 10 Lessee shall be made 728 Cas a Lorna Blvd., Boynlon Beach, Florida 33435. NotwiUlstanding the foregoing, nolice to Lessee may be given by hand delivery. A Page 2 of 3 2, LessW durm, I 3. Les.'lCe .. for ICn (J Jcascd pn Lcsscc ag commcltia spac:c.~ in tI clc:mcnt.~. 01 4. Upon lcnn' m. samc BCIICral damagc by l/~ Lcssee rcPrc.~e aCCCpls tile Sl'" Sai.d Ica~c mayt norlce. No ' SIBns may be The Lessee shall I Ir' IS agreed lh . P'M' alII' 'U lIes, rJleir h' Jr 1IICiT aUrJlO ~ers, J o7-ed I ,: .".-. . ,,~.. 3333 No FEDERAL HWY. SKETCH THE !JjI.,t1tH fOR: Iwo G~DR((f:~ Ora..." 'y' Chc..d 'y Scol. JOHN A. GRANT, JR., INC. CONSULTING ENGINEERS .. SURVEYORS 10CA IIA TON, FLORIDA FOR A PARKING LEASE EXHIBIT EAST 117 FEET OF LOTS 3-6 FUNK BROS. ADDI TION . PLAT BOOK 2, PAGE 13 BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA ~D\ 'HOtJ Du.w ~()lJL~VJ\.RD 40 ~I U'> l"\l I' !- ",; ::) I >- ~ :1:.: ~o\.r,," J.;W Of ~~...rt,~} BWh MUlUAI<..tJ ~ -- ------ -- _... r-: -J._ lla ~D' '10' .:b' co " ~ ..J I rJ """' I' I C> <J <:. ;'1 ~j .~'3 -t. _.u_ -;1.. ., . IIl.DO o <:l ~ I ,., l' . , \ . I . L..._ ',../ : 2. \ I -' \ trull'ell" fL ~ lH t. i.~1 lllJ!: --. _I ~r V w L...... UJ u." ~ : t\ -r' : \ J ! '--- ,. . /', . ' '-r ~ g co d (') ." .,; ... ,'" ", ../ -~ u: I'L",. rE:.~ L~1 --.lJl .. \ 1: l- et: <") Z. ! !\ T : t: 1 '-.. .... ,,' f'L....'Hti un 1I1J~~t l...u It', -, I I' I L.\j i t" I lJ z <:l <:\ Q '" , ,\ 124.00' 10"DD OD '-./ '1.- ...,- 'o'oo'(\()" 111.001 ?11f; U Ull(btJ fl.. :nr 1'1" 5()1 Dol. It. [\1- 'fll P.I. -=- '0. =- Job No. 1r\O- (,bl'\ ~\t\I\ln .mY lI.i.? ~ ~ <, PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-198 FROM: Patricia Mathis, Occupational License Administrator Tambri J. Heyden. Planning & Zoning Director ~ May 4, 1995 TO: DATE: SUBJECT: Hydro Sport Rental - Occupational License Request at Two George's Marina, Slip 7 (728 Casa Lorna Boulevard) Please be advised that the above-referenced request at the Two George's Marina is a permitted use within the Central Business District, however parking is insufficient. Parking will not be adequate until satisfaction of the June 16, 1994 conditions upon which the City Commission (sitting as the Community Redevelopment Agency) approved the Two George's parking lease agreement with Barnett Bank. Until such time, the freezing of new licenses for vacant slips and issuing of new licenses only when an active license is made inactive continues to apply. The city attorney has not received an acceptable, revised parking lease agreement from the property owner's attorney. I will inform you when all conditions of the parking lease agreement have been satisfied. tjh xc: James Cherof, City Attorney Central File A: HydrSprt PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-209 TO: Patricia Mathis Occupational Licel.lse Administra~tor. //;9" /I Tambri J. Heyden ~~ . /~ Planning and Zoning Directo ' FROM: DATE: May 9, 1995 SUBJECT: Hydro Sport Rental - Occupational License Request at Two George's I'larina, Slip 7 (728 Casa Lorna Boulevard) PleaSE: be advised that this response revises my May 4, 1995 response to you regarding the above-referenced matter. The City Attorney has now recei'led an acceptable parking lease agreement from the property owner's attorney. Al though it has not been recorded, I am trusting that this will take place expeditiously; the City Attorney's office will be providing me a copy when they l-eceive it. Based on the May 2, 1995 withdrawal of Seashore Services' occupational license request and Hydro Sport's request for 4 boats, requiring 6 spaces plus 59 spaces for what is currently licensed (please verify my list of active licenses at Two George's Restaurant and Marina) as follows: a 20 slip marina, a 6 passenger charter boat, a residence upstairs from the restaurant on the first f100r and a 100 seat restaurant downstairs, 65 parking spaces are required (the 3 !:.1. CED reduction has already been factored in). There are exactly 65 spaces prOVided between the spaces being leased and the spaces on site at Two George's. However, the June 16, 1994 Commission (CRA) approval of the parking lease arrangement included not only revisions to the agreement (which for the most part are satisfied), but also posting of signage on the T\-lO George's property indicating to patrons the location of the leased parking (as required by Section 6. E. 4. C ( 3) of the zoning code) which has not been satisfied and restriping of the Barnett Bank parking facility, which as of June of last year the striping was very faint. By copy of this memorandum I will ask Code Enforcement to check the maintenance of the Barnett Bank parking lot striping. Therefore, it is requested that an occupational license not be issued until the aforementioned signage is erected. Also, please be advised that with this parking lease, the long debated legitimacy of the 100 seats in the restaurant can be put to rest. The only issue yet pending is the licensing of the upstairs for restaurant use which requires proper permitting and additional leasing of parking, neither of which has occurred. TJH:dim xc: George Culver Scott Blasie Central File ~:CClfydro.me~/TJlt 00: Carrie Parker, City Managero'V 0~'D. JV ' ~l~ {f'VJ~ vJu~~f' , ~ C- j( ~~ lOP' Jfme.ua's (jauway to tfu (julfstTUJm \UUL~~_~j , ~_\.l\'.'-;-' \" -". ...:..... t...;-r oJ..' CITY MANAGER'S OFFICE CITY OF BOYNTON BEACH TO: Chris Cutro DATE August 3, 1993 DEPARTMENT Planning & Zoning APPROPRIATE ACTION FOR YOUR INFORMATION EVALUATION/RECOMMENDATION NOTE AND RETURN FOR YOUR FILES OTHER ACTION DESIRED PRIOR TO SUBJECT: TWO GEORGES RESTAURANT - SECOND FLOOR This office received a carbon copy of a letter dated July 27, 1993 from Craig Livingston, Architect, to your attention reference the utilization of the second floor of the Two Georges Restaurant. Prior to your response to Mr. Livingston, I wish to bring to your attention recent correspondence from the Occupational License Division (letter dated January 20, 1993), Building Department memorandum number 93-118, and letter dated June 3, 1993 from this office to Mr. Culver. I was not sure that you received copies of this material. You may also wish to discuss this matter in more detail with Don Jaeger, Building Official. Please keep trhis office informed of your findings and conclusions in this matter. Thank you. r ~3&B JSM: smb Attach. c: Don Jaeger, Building Official Jim Cherof, City Attorney RESPONSE: Date (Action Completed) Signature .. .. .. CRAIG R. UVINGS1"QN. ARCHITECT. PoA. PARK PLAZA 323 N. FEDERAL HIGHWAY BOYNTON BEACH. FLORIDA 33435 .. July 27, 1993 Mr. Christopher Cutro Director of Planning City of Boynton Beach 100 East Boynton Beach Boulevard Box 310 Boynton Beach, Florida 33425-0310 Dear Chris; In an effort to revitalize his waterfront property, Captain George Culver has repaired existing conditions to the second floor deck and screened the existing kitchen equipment. He has also installed a new fire exit stair along the south side of the property. This entire property is zoned Central Business District, which allows Captain Culver to utilize the deck for existing operations. Despite the fact the zoning is in place for this use, and despite the fact a building permit was issued for the improvements, Captain Culver has been denied use of the upper deck area for the past six months. We'would appreciate you advising us, in writing, the steps app~opriate to resolve this last stumbling block for Captain Culver. I look forward to hearing from you on this matter. cc: Mr. Scott Miller, City Manager ~ RECEIVED JUL 3 0 1993 cnvMANAGER'SOfFICE CRL/tar 401-737-9006 407-737-9608 FAX .. 1 J ~ City of iBoynton r;Beacfi ..,.... 100 'E. 'Boynton i]JeQ4;/i 'Boulevarti P.O. 'Bo~310 'Boynton 'Bt.tJln, :JCorUfa 33425.0310 City:Jfa1[: (407) 734-8111 :J.'U': (407) 738-7459 June 3, 1993 George Culver, Two Georges Restaurant 728 Casa Lorna Blvd. Boynton Beach, Florida 33435 Dear Mr. Culver: In response to your inquiry addressed to me last week at our meeting (Tuesday, May 25, 1993) as to why the Building Department red tagged the renovation efforts on the second story of your building, and subsequently closed down business operations, enclosed herewith please find a copy of Building Department memorandum number 93-118 specifically addressing said subject matter. In summary, the second floor of the Two Georges Restaurant has been utilized a$ a residential structure for years, and a change of use/occupancy to commercial, the facility must then be brought into compliance with existing codes applicable for this new use. Should you have any questions relative to this memorandum, or this matter, please feel free to contact me. I still wish to continue our discussions involving the deck at the end of Casa Lorna Boulevard. Please give me a call at your convenience. Sincerely, 'CITY OF BOYNTON BEACH ~ ~- , .~- 11'1J. I ...!.:.. J. Scott Miller City Manager JSM/smb Enc. c: Mayor & City Commission Don Jaeger, Building Official Jim Cherof, City Attorney Craig Livingston, Architect Central File ;<lmerica's f;auway to tlit f;u!fstream BUILDING DEPARTMENT MEMORANDUM NO. 93-118 May 27, 1993 TO: J. Scott Miller City Manager FROM : Al Newbold Deputy Building Official RE: TWO GEORGES - OBSERVATION DECK As a follow-up to our telephone conversation today, I offer the following: The second floor of the Two Georges Restaurant has been identified as a residential structure with a deck for a number of years. On October 8, 1992, permit #92-3733 was issued for an 8' x 32' addition to the original deck. This permit also included the construction of exterior stairs to replace the old stairs. The final for this permit was red tagged on November 16, 1992 because of work which exceeded the scope of the permit; namely, storage lockers. We received a letter from L & W Construction stating that men working for the owner had installed the storage lockers and these lockers were not a part of L & W's contract. The deck was then finaled on December 29, 1992. A permit application for the storage lockers was submitted by the owner on December 11, 1992 and site plan approval was based on no seating or food services being utilized until receiving City Commission approval. To date, this permit has not been picked up. On January 20, 1993 an Occupational License application was submitted with a letter from Steve Curran, Operations Manager, requesting a change in the license to utilize the deck in question for a lounge and waiting area for the restaurant patrons. This was denied per a letter from Audrey G. Hollieri, Occupational License Administrator, stating that a change from a residential use to a commercial use would require handicapped parking and other applicable codes being met (copy of letter attached). On March 9, 1993 the Occupational License application was cancelled due to a case filed through Code Enforcement being closed on March 8, 1993 because the area was barricaded for no public use of the balcony. If the parking agreement is ever finalized, the other applicable codes would still have to be met if the occupancy is changed, including a capital facilities fee of $3,874.49 to cover the additional 25 seats that were requested ($3,293.49 for water and $581.00 for sewer), proof that the floor loads for the public balcony of 100 lbs. per sq. ft. could be met (which would be a 60 lbs. per sq. ft. increase over the 40 Ibs. required for residential use), handicapped accessibility, etc. ....'..~CE > \.~ NED JUN 1 _ 1993 CITY MAI\AGEi~6 0FflCE Memo No. 93-118 to J. Scott Miller RE: Two Georges - Observation Deck May 27, 1993 Page Two There are currently outstanding mechanical and electrical permits for the lower floor, which are unrelated to the upstairs issue. These permits have not been inspected and finaled. If I can be of any further assistance, please call me. ~ ' ,'- ~. ?;. /.~ Al Ne Id AN: bh Attachment xc: Don Jaeger TWO ~ - - _0""', r~ 1'"?-=-. t.. ~ ~ ':l o "r) . ~ -'I"~ 7''(''>~~') ...) . . . OCCUPATXONAL LICENSE DIVISION BUXT_~ING DEPARTME:NT 100 E. Boynton Beach Blvd. P.o. Box 310 . Boynton Beach, FL 33425 Phone: (407) 738-7485 January 20, 1993 Steve Curran Operations Manager Two Georges Inc. 728 Casa Lorna Blvd. Boynton Beach, FL 33435 Dear Mr. Curran: In response to your letter dated January 19th, let me advise you that the second floor occupancy at 728 Casa Loma Boulevard is identified in our files as a single unit residence. The permit for the deck and stairs did not change the existing occupancy. If you wish to change the designated use of the second story, you must file for permits and the entire facility must comply with existing codes applicable for this new use. These codes include the State of Florida Handicap Accessibility Guidelines. Adequate parking must also be provided and the necessary capital facilities fees must be paid. In order for you to obtain an occupational license for a lounge, you must first complete an application and submit it to this office along with a $40 application filing fee. Failure to properly license the second floor lounge constitutes a violation of the City of Boynton Beach Code of Ordinances and subjects you to Code Enforcement action. I hope this information has been of some help to you and I look forward to the opportunity of working with you. If you have any further questions, please don't hesitate to call me. Sincerely, ,I / c;<-~ J~ '~udrey 7 Hollien occupational License Administrator AGH:bh xc: Don Jaeger, Building Official Central files :st.['j I tSY: 5- 4-35 I 11:55 ;JOSJAS & GOREN, P.A.~ 4073756011;# 2!1~__ \."W OJ"FIc:ca 90081: CAIiEY CtKLIN L.UDITZ MARTENS McaANE a O'CONNELL ,. ~""'HHIN",". IHCLUC'NO II"'IlOf'r.!liID"'.... "~.oel.YION. , I' ......... .. "....".., "'". G~GO"".. "'tlO CWAIlUI A LUlII'!'&. ..... I:DWIIlI C. LUIIUI.I<OaD ............ ... ~......... "'.... LfkI"", ...._C...... TIIieO'r..... II. ~..,..,,,, ....... '''IAN M. O'CaHNCLL. ... flttl" D. Q'c.oItN&~". "".. r:A. .., .o.t'r .,......u.... T -.10M. .. YOUNG. .... LOllI..... .. a4NOIIIlLLCll . os tbcrof. Esquire II. Oonm B, CommerdaJ Boulevard .200 ucMrcla1.J Florida 33308 May 1, 1993 ~HIL~" I:l. O'OQN"'ILL' .It ('801.' 0' C;~CL ""'4" .. "''''1'1'1 .10"" L. _........ ..o..,~."'... ,-owe. , . 1_ '''0 ... ..c.o."H r....U!:l. llO.._ WI&T ..LW "t:.Ll;'W, ,.l.O.......... I TIi:~..He... ("07"1 .~.-,." "'I:~..""." (401') .o~-...&o. NfIll...... AI)O"... ~A>. _"'Nil" ..~... "'~.... ....ue ....e.., .... ~..-.. lei Two OtOfgNIPorkina Covcncmt iJim: ~ find ~ . tally cxec.uted copy of the Parldna Covenant with the exhibits. I am send ins 1I1e ori'inal to the Clerkl. office for recordatioa. When it comes bac~ I ~ilJ provide you with . ~rded ~O" for your rec'.('rdJ, It~ have ay qumiOl1l, please glvo me " cdl. , I I " ; AJ~/aa 11 3-2.4321 ~. CCl1 earrio Parke , George Culver (736-8781) ....... II ~ )J.J 'f n ~-" I.fIY \ V J!' ,J~, \J .;y Ii, \: .J stNT BY: 5- 4-95; 11:55 ;JOSIAS & GORE~, P.A.~ II I ,I I I I I ~ 4073756011;# 3/10 ~ PAltKING COVENANT . nil PIl'Jdna Covenant is made this -L cllyof VY\ r\ ~ 1995, by MANIl.A, INC1. a , Rorida cotpol'iltion,("OwnIV") whose address is 128 CUA Lorna Boulevard. Boynton Bead). Flo.Jda 33435. I WHERlA5, the City of Boynton Beach. florida, has I8fccd to pennit the property lmoynl . as NO CJ"BORGBS, which it more lWly described in the attacMd limbit .. AIt, to use oft'aite par~ and, WBEJU:AS, TWO GEORGES lw entered into. Parkins Lease Agreement (" A8f~mcu' ~lth Barnett Bank, a copy ofwhi(:h is attached hereto as B'Chibit "Bit; and, \\'HJ:REAS, the parkins spaces lei forth in Exlbblt -B- are required for tbe'! lWI UN offhe TWO GEOP..GBS property, unl~5 TWO GEORGES is otbcrMlCllbJO 10 ~QmpJy with thu par~ nquirementl ot"th. City ofBoyntOl1 Deach, or IS tMy' may be amended trom time to ti.'1le. NOW THEREFORE, the Owner ..... to the fallowina parki08 covenanta, 1. In the event the Agreement attached hereto is either Glm;elled or not renewed by Barnett Bank. the Owner agrees lowithin ten (ICJ) day. after recelpt of said eanoeUation Of &i1Utt to renew, notify the City ortbe tenn.iwion of tile A8te~ witn Barnett Bo. 2, The OWflel Hglees that the City may. in the eVenI ottenninatioD of the AarMment. modifY i1s Certifk:lte ofOc:cupancy based upon the reduction In ftlqUired pulcine. unJ~.. tbe ~er fa able to prove to the City ofBoymon Seach's aatisfictiOll that OIlier parking i. adequate to meet the City's requirements 3. Tho CJt>' of Boynton Dcacllls adcnow1edged IS beina a third party benefidary of~. Parking Covenanl, and in the event ofthe Owners failure to comply with it:) temu. may .nfo~e the ~.ad o<l.6C1t I ON "13.1 :01 t.S:~T 03M ~. -~0-}.~- , r i, , SENT BY: 5- 4-95; 11:56 ;JOSIAS & GOREN, P.A.~ II ,I. '!III I 4073756011;# 4/10 lemu of laid PllkinH Covenant through appropriate lepl action. , 4, ThiI rearictive oovenant shall. upon approval by the City ofBo)'llton Beach, be record~1n I Public Record. of Palm BQoh County, Florida, and 8hal1.,. bindmIJ OD the heirs. NCClMQrS ~ . ustans of the Owner. MANILA, INC. BY:~ STATE OF FLOlUDA COUNTY OF PALM BBACH The tor.,olna in.~Nment was acknowledged Wore me tbis l.tday of --.J!!L.- 19~5. by ~.or.~_ w. c:\i.tYcf the _ owner ofMANO..A. INC., .. florida wrporation. w~ i. penonall)' known to me or who has produced 'lorlda State Driver's Lictlllt Number ---t- .. _ or pauo...lly known U identitlcation, . ~~~ Notary PuhliG Stato of Florida Notary ~Narne; ~ . · ~J~ ~~ My Commillion Expires: _~........ ~_M"'''''' ,...... ..~., r:'ot...J J c.t.:II" .........1 ...,-. I t ~.. 't ,I I I II . t .I f ~ t I ,I J.... ~t::NT \:Sy: 5- ~-tl5 11:57 ;JO~IA~ & GOKt~, ~.A.~ ~U7375bUll;# 5/1U .1 I'll. EXBtBIT "AU , I I LoU I, 2,3,4, S, and 6; and lb. Ea. lS.35 feot of Lot 1. CASALOMA, accordins to the Plat thereof rcoorded in Plat BOQK II, Page 3 orthe Public Rccorda of Palm Beach C~nty, Florida. , I " . I . !. - !' ~6d ,-601t : QN ~J. :0 I 9l; :~t a3~1 56. ..r.0",l,~ J , .. ~t1 ~ . :: No "p IN)' be placo~ "y ...... I !! . .. TJlI ~"~Cl 1IuIllllO! fur1~r ilIblel Of ILUip ., poniDII Df lis rJell1 WIder Ihh J.CD~. 1. f h II qMd dill tinle sII,l' be or lhc Nencc of ltIi. ,,"mer. Illd lIIia Lca!e 1Il1tl1 ~ ~lIlf Oft bolb , punJo$. lhal r kion. penollu lfcpl1:It:R1atl 'J<l', lWIIVor &$$iJrlll wileR llljll.c.lIO IiII:l II be ~j,,1C~ b)' built pltll~ I ell lhelr DllIllOriZClllllCfl18. Pa~td) :1 1 ~I~~ UHrin "-" ~ I P.~. 1 of ) iI' III i; 'j ~r.l"l 01; I1~;' J il 1,1 I iI 1i! i, "'1 I 'I I. . II " I ! ,I ! 1.1 !'1~ I '! il .; Ii ., :\ .. d .ii.. 0- 'l-tlb 11;01 ;JU~'A~ & uUKb~, ~.A.~ ~073756011;# 6/10 . '.. 'KANl.'H fJO 114 NORTH 1IU~.u HIGHWAV IO\'Nl'ON DRACH, fLORID.... .00$ JI',UKINO LRASiI WjE"t~1 I ~ .~ I \ \ INDIiN'I'URG. Alade Ind cn~ ho Ibis 2W ~.7 01.....,., 1901. ~ wl4 bol"'OIl 'AIlN&1T B.UIK LM B&\CH COUN1'Y. N.4.. hmn, . PfIM:iplepface of ..".... >>0 PMn: A\ItfIle SClUIII. W., PlItk, . · 327.' lIorelnllflCI called L.eUIlt. """, ul dle rl'l' pin. ard lWO GKOH(i~5t INC., IlIaviDa . PI'iIII1lplo oC ~ It 721 Cll'l ~mll ~ltl1.. DO)'l1lm 8oIdl. Fl<<illll llOJ 1~I,",fm caned Lctlcc. puty or lie l*L ~l!nTIi L~ or IIlIlfl l:On$ldmtloA ol __ rtllS II1d ~ hm:i11 ~. Loaor bcJeb, ~8SOI UIlIO Lcuee. lIIo ~d prcml.e. In \lit CilY of BoyIllOR 8eeaI. COIIIIl1 of P111111 ItIIl:Il. . 't 117 fMl of Ulu. 3. ". 5 ad 6. Pill 80ak 2. P.,e 13. bo1n1ll11 Dca.:h, "011.. II." ;CNllY Fkltldlt, . MOle pIllill<llarll d~aIl:dk4 in IahJbh A. Ml..... tloIvlV. VE AND 10 HOW IhC .,ma ~ . JlI1IWY ICra 01 0It (I) ,clfl lqiJllina 0/I1h:: FI'" dl)' 01 )I'ellNM'}' J,_ '.0111110 Jill 41)' of JllIllIuy. 199: Illnnllll anDllal rllIG ofTendoJluq (Sl~) PlWlIllIlIjc.bJe reM 8htI1 ~ pa)'lblc ill ad..1IlCC lo. ulI'llOn aaM 01 PoIM Beodl CoIlI/>,. N.A: ....Ull iU1 R"loft Pr,,",)' Mll/lIICf ~ I'lIfk AYCfllt 3oW1 willci Park, Plurtdi 327.. CgYENANTo\ ~t'!~ "QB~FHrS I . J IMwr "'..t..... hI IIIJ011 p'rlO~ of ""'"'$ IlIlCClllalllllldcr lhI5 Lease. WlClr ....ill /I'llllnl.1n U:uoG In C!'icl cnjl)ymclll ~ ll.alnsl -1 cllin or Lc!illar. II. beinl. CICeIIlM, Nmlrllftralcl'l, ~UC~lIOt. Dr aa,as, 'q .. l LesIlIr sbaJl pey III tDU. ~i.l ..sc,,1mCIII and publ~ dlataes Icvi~ ASlllnsl l/Io prenllle.. plIYlble; dlJrini lJJc tcnJl of ~ 1.cllle. laMe IIl'CtS to PI)' LciSIX 1hI1&l1lllllereill flleClf. If.-. IWllIIIlder .cIlII1 ala. .... UlIlIpOid rw lCII (10) .,. ....r wrlllen ~lco tl'ClllllANof 11)1.cmc. ~llllOIllIll.I. hQvc I1c rip' to ~cr *Aid 1oIIsc4 p1omlac. 1IIlI10 IClloY\" ai, pcnclIlI ... IIfOOMY 1ItcJcJ'DnD, u- ..- 10 use 1M ptOrrWc' "1.1)' fur IIlo 1llJIPO" 01" *'" linn. (lJoIl (6) MlII'S 01 1\l!i3) lIOIl. tlllllltlllldlll (no ~ ... elc.) ~.nQl" J*Ili,.. Lessee: 1urtllct D8Icea to mlf~lIlln !laId )'I"lrill -p~ in Ihe IIlIDe SQlCt'oll (;OIldlI!UIIIS wllcn "-CdYcd: ordinal/) MllT. tW. del.:liDrll1iOD. d1JllIll&e ~, Ik ,1omoIllS. or UllllVOilSable ca.....lY O~lItd. Upllft rermitllltiOl Or !hIs LoaIe. Lcacc IIIllt ddiwr poueuiGA oldie ilIu~ pmniI<'i 10 lM&cr iIIlhe lID 8*rat OOlleJilioll U WIlIlI'CUiYCd ~ bOllleWf, OIdillQtJ weill'. ICl/' onIt GclCdWlIliQlIllI' I 'PI'IlItO by Ihe clem... , ': I.caICC re~.ltltlllllllll mspcs:led lht precntse. IIIld lueplJ lite: '1llR~, rOt flaIPOses 0( lhis LoISe IlIld · ., ~ Ulo "1I11C1. 4Ia iai. J SIIId leue tm,YOC 1O""lntlcd by 8i1her l.calOt' 0\' &.c*. ...., Ilmll DY Jivine RlllllOOn (14) cb)'J wduc:n IlOl1<<\, r fIr "I I ~J: j / 11l \. .1 t. jI ;! " , I, 1 " I' II tj: 1 , ' t: . ; ji Ii (, If I' \ , . I ' 'j "t LJ'.)' 11 . 'J'..) . <JV~'~.:l ,'( uvnc.:... r. ."\. ..., ~UI0/uOUll,~ IflU . ,. .. ~ 1'.. ! . I 1i. 1 .LeaJee', !We of lhc plllllltsn IJIaII itt r.o \l'.~ inlertcrc 1lI,Ib \fd~l,:,t1l11'Q/ pedestrillll~. 01' ~~I'e" h. w fronllhll drive in bdlAC {i1cility of U:5J01'. , . JA,. qrccs IIW it wiU indemal(y .nl "->I" ll.'lnnless Leuor QIQI/l~C IlIly Otpetlte. Iou. Jlllbllily. III doll'" 11* Lc!l.ior mllY '\IlIUlin 01 incur Q'flll~ of a l~ of MY 'O'tCIIllIIt or CU~1icn or dlO LAa.'iC or on 1CCIlU1Il d ti1T1IIUUtY so ptOpCI11 or ~I!l\)lU un k IX.'1I1A:ed Prctlllse,.QC ill c~1on ,,'i"lIIlY Ioi:IlI ~ bfUUldU by h lMsco 1tlUASI., pc~lIII Ol!lu Ihan LeWl. Leuoe'~ liebllily \lIlder lllb Len~e CAICnda to Ihl 111;" and OIDit$IMS 01., qcnc, ~anl. (!flI~t. "itilCf. or r~ oJ ~ Lessot 1IK11.0IQ IWCC 10 cln)' fltO lid tAlclICIod QOycr~ insunn..:c 011 Ihoir 1Oa~ivo pIOpcr1y ., ;.'tl:re.r~ Ua ll~ dcmitl:d ~ml_C$ lAd IIUlIltIl)' ..~...o each oiller f,OlI. tilly !:11I;;f.. lor 1000$ClJ DJ 1111111* wItidIlPIY k COve.ed 1.>)' lheir n:&I*live JlUlIl'ks. , te,.w shall JWVliIe AllIllnailll1&in /&lIlt OM. C&pt1Ili('! Ille fullllWh'llllwurlll~ wlf)j 1IlI'" In~lI'4n. OOIIIpllIll~ llJ\botitDrllb tb blIliil\l:jI ill Ule SI\flC 01 FIotld. MUI ~rul poiic)' hilIdc,'. ,pUn.. <f -01 Ie.. UIl! A inti . . nnandal .iIe CltclOl')' ctllOC ~$ lIlall XIII, lIS filled.. the ,nQ" wrlC'll ~lIil~~ Bell. WurInlOC . Reporll, elf the C;jIl'''~Af jJll;fvur. Md in I1Kb form f111d ..,bItarloc lIS iI1all be lali.~*01')' ICI 1.01101: Comprcllensh'C Gcrwol 1.1abllll)' lmurlllcC lIIitJ. the lllll...wina minillllllll limils cC IwtlWly: IlO4i I)' In.lUIl P~y DIIIlIIC . $:KJO.OOQ.OO "'" pclllOfl 1.'\00,000.00 .. ~1Of $100.000.00 ea 0CClm:."" S~llO.ClOO.OO aurelll. 1M ~" nli IlftMde to, Pnllec:tivt Ultlml, iMunnce wilb ~tpoel 10 ClpctlllUw pf ~.tIOtl. Tht l)01iGy IIloIIkI bf. cndot:lCd to proyl4o COfClfllge rer unnr IS DJ\ 1l\1CltlioMI insured iNilh reillCtl 10 ill 'i.bilil~ oMinJ 0111 of lit n1llN.'rtlUp tlC dIf at._ ~caob".'-' Tho; polk)' ~batU int:lu<J4 lIII OIIdullfl'llOllt ,~ UlO .Ifecl "'1 lilt OIhcr Ir.surlllll:e Clause Ibilll not iPilly widl Rillpc.;:l 10 similar i~""rlllCC earrlcd br LeDOt, In addidOll.1Jlo poUc~ -'aU loelUlt, CalltllCl LioIliJiI)' CovofllSe whith chidl &lOVW 1110 ro1lowuitt lndcmnil)' ApAICl1I. wlUcll qn:emcn. is he-J mede . ~ <)l ~lt, JU". J. ' AlJ nOOCI:I by tilher PUI~ IC> lilt C)1h~r Ihall be l!'LllIc -In wrilinI by delOsilill. 111d. ~l'A! in IN cerlifi<;!t or 1'CIlUIc~d mall pC'1I: lJtljled SUCcs at Alllema.1M IllCtllllllice 1I110ll11lC Uec:P.,d In DIIIO been ~m't"d Illl dlO dill 01 ~cll dc~inc "'111, cortilioci or ,cliSter mail v'lle\'S lIuch "C~ili"* illll~ <<rliJitd or NJl'lefcd ...11 W'lIou Cldw\\'l.. ~Jd~. All noUU1 to I,.cSSOf wll ~ ....de lu U...ntll ....10. ...'ltlla Dtprtmut JM l'loM. 350 r.rk jh.n~', WIIIl.. '.11. florid. J17W, AU. &14 Rtai"lI rr...,.,.., 1 Mau.r witk a ;opy b Riloi*4 Wi~1I 1Iq. "r MlllOlWY, Malll. ,. Cr~ft 50 ~~ LA~(. $11\1010 P ,0. Bo. Of. J"~l>>vllk. Florid. 3UGl N ~'" olhtr od4nls, as Lo$sO! an..~ from 1il1je 10 riutO l1:Jilllll&c: !, la wrlllfIC kl Lease." anl1l1l1 nolices 10 LeiMt shaR be mad., 128 ~lllol1~ !lvil., BuylltOJ1 Inck Plorllla 3J4U Nt>! wJtIliLl1llll~'illho forejlOlng, nollu CO Le~llC lIIa~ be gi\ltll by hMtl delIVery. I! , i ., A .1'. Z or 1 '.1'", 1...1 I , . ~ :~I ; ; II :.: ~ " I ,: I /.. 'i . . , ~1"1 01. ~ '! I II II ! ,I (I /: Il t P I: .. ~ i' I I !I 'I Iii p. ~ b- '!-~ 11:5tl ;JO~IAS & GOREN, P.A.~ 4073756011;# 8/10 I. '1 : ~ ' o . 'I1tII La.. COIlSli"'cu Il.o all~ ........ 01.. ~ica _ICI MY c/qc.1IoIo1O 1llIl51 tG IIlIkID in writ... IOlS ",IN ., bGlh f.tl... . . ' IN WITNUS WIlBRBOF. tile PIl\tet 1aDIo..... CIUIed Uti. inI1NaenIlo be oAGC:lllo4 ..... "'f IC.... IXl * dIIa nrtl ... WlillCll. , \ , \ I I. i: llf II ! i' Sl'led, ...... IIld cIDU~~ In ~ at wma. , t i I j I WITNJ!$S! , I , BY; ,/ ; JAANEn' lJ""'~ 011 PALM BEAC..'f (tl\JNTY. N.A. ; .... .:- . I J.iWii lWO OEOROI!$. 'HC. 'Yl~~ l6'~~ ,-?'.,~ TITLIi~ ~"nu--t , . I I! I; , . I' j, . NOt' An SIAL: -,_ H. "!!!p. . ~,iir" _~I 1IlOl '''_.,IIE, co.lltiIlim E.plta . I. . ~ ',i 'i I. I L P r U. m;:. ~11', , j "'-"-".",-" -.---....-- ....'-_._-..__.~.._-- ,'-...----. .. r,., SQI' (E.dtibll A AullCLod "DIOfO) UHIIIT "," "S- 3 ot ~ ~H :. . . , I . : . , I. i i j . . .., .-1 ... r '{ ~ I' I - rzru City of 'Boynton 'Beacli 100 'E. fJJoynton fJJtadi 'Boultvartl 'P.o. fJJOi\:310 fJJoynton fJJeadi, 110ritfa 33425-0310 City:Hall: (407) 375-6000 ~~: (407) 375-6()9() September 23, 1994 Mr. George Culver, Jr. 5178 Mark Drive Boynton Beach, FL 33437 RE: Two Georges, Inc. - File No. 721 CBD Parking Lease Agreement Dear Mr. Culver: Subsequent to our telephone conversation, your father, George cuI ver , Sr., came to see me last week regarding your pending occupational license request for Wave runner and Sea Obo rentals at Two Georges Marina. He said you had spoken to him regarding this request and the parking conditions that need to be satisfied, prior to issuance of your requested occupational license. I gave to him the attached minutes from the June 21, 1994, City Corrnnission meeting where your father's parking lease agreement with Barnett Bank was approved, subject to conditions, and the attached memoranda from the City Attorney and the Planning and Zoning Department outlining the approval conditions. I apologize for assuming that he was going to communicate to you these conditions that he must satisfy prior to issuance of your occupational license. I hope this has not inconvenienced you. Sincerely, J~9'~ Tambri J Heyden Planning and Zoning Director TJH/mja xc: George Culver, Sr. -728 Casa Loma Blvd Boynton Beach, FL 33435 a:culver.ltr cc: Project File }ilmema S gateway to tfie (julfstream MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 approved the use for the 24th and 25th of September. This resolution approves the license agreement between the City and the Chamber of Commerce. ~ In response to Commissioner Katz, City Manager Parker advised that this is the same agreement that the City has had with the Chamber of Commerce every year for this festival. City Attorney Cherof read Proposed Resolution No. R94-107 by title only. Motion Commissioner Aguila moved to approve Proposed Resolution No. R94-107. Commissioner Katz seconded the mot10n, which carr1ed 4-0. 7. Proposed Resolution No. R94-108 Re: Conf1nmat10n of W1l11am Huk1ll as City Engineer This item was dispensed with earlier in the meeting. Mayor Hanmen1ng recessed the meeting and immediately convened as the CRA. D. Other ~ 1. le.se Agreement Between G,o"e CUlver and hrnett hnk Rqarding Parking Spaces C~ty Manager Parker stated that Mr. Culver agreed to include in the lease all the points contained in City Attorney Cherof's June 16, 1994 memo. . Commissioner Aguila had no objections, as long as Mr. Culver has agreed to the stipulations raised by the Ctty Attorney. Mayor Hanmentng added that the ocupa- tional license should be conditioned on the continuation of the parking agree- ment. Ms. Heyden stated that the Planning and Zoning Department recommends that signs be posted at Two Georges and, based on the specificity of the lease agreement wh1ch ties in by a legal descript10n the location of the leased park1ng spaces, that those parking spaces also be posted with signage. Mayor Hanmen1ng p01nted out that th1s 15 contrary to the lease agreement with the Bank. The lease agreement states that no signs may be placed by lessee. Commissioner Aguila suggested tncorporat1ng the s1gnage 1f there are no objections from the. other parties. Ms. Heyden adv1sed that the C1ty Manager's Office had requested that we look into this matter to make sure th1s would solve Two Georges' problem. A Code Enforcement Inspector was sent to the s1te and noted that the parking spaces at_ Barnett are in need of restr1D1ng, In add1t10n, there are ten park1ng spaces at Two Georges that are nonconfonm1ng. If they were to be restriped to meet the current AnA requJj~m~nts. therA would be a loss of three, br1ng1ng them down to seven at the Two Georges s1te. Included in the boundaries Of tne lease restric- ---- ------- - 34 - , . r MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 21, 1994 t10n on the lease, there will ~ark1ng spaces that are going to be leased, which brings the total to S1xty~~park1ng spaces now available to Two Georges. Barnett has 110 surplus spaces. Therefore, there is a possibility for Two Georges to lease more spaces. Based on what is l1censed, there is a twenty foot marina which requires twenty parking spaces; a six passenger charter boat which requires two spaces; and a forty-two passenger charter boat which requires f1fteen spaces. The plan shows a res1dence on the second floor, which would require two park1ng spaces. The current license is for 100 seats based on the square footage. G1v1ng them the 35 per cent reduction for the CBD, that would total f1fty-n1ne park1ng spaces. Therefore, with the sixty-five park1ng spaces, that would solve the f1fty-n1ne space requirement. However, that does not 1nclude the second floor expansion that they are proposing and also the current wave runner license that is pending. Comm1ss10ner Agu1la pointed out that at the time they come in for the second floor 1ssue, the Commiss10n can then request that they expand their parking. Motion ~commiss10ner Aguila moved to accept the lease, subject to the conditions raised by the Attorney's letter; and that they be incorporated in the conditions of approval. Comm1ss10ner Katz seconded the motion. Mayor Hanmen1ng pointed out that they should be incorporated in the occupational license. City Attorney Cherof stated that they should be incorporated every- where. The mot10n carried 3-1. Mayor Hanmening cast the dissenting vote. *MS. Heyden asked if this motion includes staff's reconmendat10ns. Mayor Hanmening answered aff1nmat1vely. Motion Commissioner Aguila moved to adjourn the CRA meeting. Commissioner Katz seconded the motion, which carried 4-0. The City Commission meeting was reconvened. Z. Lawrence Lake ~re....t R".rdint T1M !xtenaton City Manager Parker advised that Sonja Martin-Morgan 1s requesting a retroac- tive, plus one year time extension to the Lawrence Lake PUD. On September 7, 1993, the City Commission approved a reduction of the surety bond to $B,OOO. Six thousand dollars of the surety was to insure against damage to utilities during construct10n and $2,000 was retained to insure completion of the remaining sodd1ng of the recreation area. Additional landscaping is required as part of the site improvements on the property that have not been done. As a condition of this agreement, staff recommends that the existing landscape bond be increased based on a certified estimate from the engineer or a landscape - 35 - . AGENDA MEMORANDUM NO. 94-231 June 21 t 1994 X. LEGAL 0.1 Lease agreement between George Culver & Barnett Bank regarding parking spaces The Planning Department forwarded the lease agreement between Two George's Restaurant and Barnett Bank for review and comment. The City Attorney has made several suggestions to be incorporated In the lease. City staff has been trying to contact Mr. Culver to determine if he will agree to incorporate the changes, however, we have as of the time of agenda preparation not reached him. If we can not contact him we would suggest tabling this item. ~~ Carrie Parker City Manager -- CP:jc Attachment cc: Planning cuM 1'''' , \ \ \ \ ~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-198 Agenda Memorandum for June 21, 1994 Community Redevelopment Agency Meeting ~o: Carrie Parker city Manager FROM: Tambri J. HeYden-rpd- Planning and zoning Director DATE: June 16, 1994 SUBJECT: Two George's Restaurant - File No. 721 CBO Parking Lease Agreement Please place the above-referenced item on the city Commission (sitting as the community Redevelopment Agency) agenda for June 21, 1994 under Legal - Other. NATURE 'OF REOUEST George Culver, owner of TWo George's Restaurant at 728 Casa Loma Boulevard, is requesting approval of a parking lease agreement which would prOVide for his leasing of surplus parking spaces at Barnett Bank at the northeast corner of Federal Highway and Ocean Avenue. The purpose of the parking lease is to help remedy occupational licensing problems caused by lack of adequate off- street parking on the restaurant property. The zoning code states that "Lease arrangements to provide required parking spaces shall be subject to approval by the Community Redevelopment Agency, after review and recommendation by the Technical Review Committee". BACKGROUND Over the past three years, parking for Two George's Marina, Seamist Marina and Water's Edge Marina has been an issue. On september 19, 1991, the city Commission approved the request for an occupational license for boat rentals at Water's Edge Marina for a per~od of one year, with the condition that within that one year, if the Lighthouse Square Marina was not constructed, the unpaved area that has been used for parking would have to be improved and a parking lot, meeting current standards, would have to be constructed. The Lighthouse square Marina was never constructed. At the February 2, 1993 City Commission meeting, Club Nautico came before the city commission to request renewal of their occupational license for power boat rentals. At this meeting, the Commission put the marinas on notice that if their parking was not adequate to support their businesses by the time annual licenses were renewed in september 1993, the City would not renew their licenses. Since no improvements were made by september 1993, the occupational License and Planning and Zoning Departments have been freezing licenses for vacant slips (nonconforming due to lack of parking) and issuing new licenses only when an active license is made inactive, i.e. - grandfathering only the slips that were currently licensed at that time. At this point in time, pursuant to AppendiX A - Zoning, Section 6.E.4.c.(2) of the Code of Ordinances, if parking is not adequate on a site located within the CBD, parking can be leased within eight hundred feet of the building to be served, as measured along a pedestrian walkway. On January 22, 1991, George Culver entered into the attached, parking lease agreement with Barnett Bank at 114 North Federal Highway. The agreement was for a one year term with a one year option to renew. The agreement was executed without City review and approval. TO: Carrie Parker -2- June 16, 1994 On November 7, 1991, Mr. Culver submitted a copy of the executed agreement to the Planning and Zoning Department. Staff rejected the agreement because the leased parking exceeded the maximum distance allowed. On January 31, 1992, the lease expired and on April 15, 1992 the lease was renewed through January 31, 1993. On May 12, 1992, Mr. Culver again submitted a copy of the executed agreement to the Planning and Zoning Department. Despite the probl~m with the distance of the leased parking spaces from the Two George's Restaurant, staff placed the matter before the Community Redevelopment Advisory Board (CRAB) on February 8, 1993. Staff reported to the CRAB that there were three problems with the lease: the distance to the leased parking, the ability to terminate the agreement within one year and termination of the agreement without City approval. The CRAB recommended that the distance requirement be waived. On February 11, 1993, the Technical Review Committee met and recommended denial of the agreement. None of the problems noted were subsequently corrected within the agreement. At the June 7, 1994 City Commission meeting, staff requested the Commission to consider approving, on first reading, an ordinance to amend the zoning code to provide for a maximum 1,000 feet distance for leased parking, measured by a straight line, , consistent with the distance provisions of the city's payment in lieu of parking program. First reading of the ordinance was approved and is scheduled for second reading on June 21, 1994; the same night as the supject request. ANALYSIS Although it is not known whether the agreement expired during the period of February 1, 1993 through January 31, 1994, the attached letter dated May 6, 1994 indicates that the lense has been extended from February 1, 1994 to January 1, 1995. Approval of the referenced ordinance would eliminate one of the three problems previously noted with the lease, i.e. - the leased parking meets the proposed distance requirement. The other two problems remain as reiterated in the attached memorandum, dated June 16, 1994, from the City Attorney. RECOMMENDATION Staff recommends approval of the parking lease agreement, subject to the City Attorney's comments being addressed and subject to _ _ ~ i gns being posted at Two Georae' s Restl'tl1raK, indicating to their patrons the location of the leased parking, consistent with a provision of the proposed ordinance. Also, since the area of the leased parking at Barnett Bank is specifically identified __ within the lease, it is recommended that this partina be posted yi th ~.. t)nl'tgf:!- Staff is in the process of verifying the number of surplus parking spaces at Barnett Bank and the number of parking spaces necessary to bring the Two George's Marina and the existing, licensed seating area on the first floor of the Two George's restaurant up to code in terms of parking. An update on this information will be provided at the City CommiGsion meeting. tjh Attachments xc: central File A: 2GeoLPkg BRANCH #30 114 NORTH FEDERAL HIGHWAY BOYNTON BEACH, FL.ORlDA JJ4J5 PARKING LEASE AGREEMENT THIS INDENTURE. made and entered into this 22nd day of January, 1991. by and between BARNElT BA.NK OF PALM BEACII COUNTY, N.A.. having a principle place of business at 2SO Park Aveme South. Winter Park. Florida 32789 hereinafter called Lessor. party of the first part. and TWO GEORGES, INC.. havina a principle place of business at 728 Casa Lorna Blvd.. Boynton Beach. Florida 33435 hereinafter called Lessee, party of the IIccond pan. WlTNESSTH That Cor and in consideration of the rents and covenants herein contained. Lessor hereby Leases unto Lessee. the following described premises in the City of Boyntoo Beach, County of Palm Beach. The East 117 Feet of Lots. 3. 4. S and 6. Plat Book 2, Page 13, Boyntoo Beach. Palm Beach CounIy Florida. More particularly described in Exhibit A attached hereto. TO HAVE AND TO HOLD the same Cor a primary tenn of one (I) years begiming on the First day of February l. 1991. and ending on the 31st day of January. 1992 at a rental annual rate of Ten doIlan ($10.00) plus applicable sales tax. The above rent shall be payable in advance to: Barnett Bank of Palm Beach County, N.A. Attn: East Region Property Manager 2SO Park A venue South Winter Park. Florida 32789 COVENANTS AND AGREEMENTS l. Lessor wamnts thai upon performance of Lessee's agreements lI1der this Lease. Lessor will maintain Lessee in quiet enjoyment as against any claim of Lessor. its heirs. executors. administrators. successors or assigns. 2. Lessor sball pay all taxes. special usessments and public charges levied against the premises, payable durillllhe tenn of this Lease. 3. Lessee agrees to pay Leuor the rent as herein spectned. If the renc hereunder shan remain due and upaid for len (10) day. .ner written notice from Lessor 10 Lessee, Lessor shall have the right to ~r said leased premises and 10 remove all persons and propeny thereCorm. 4. Lessee agrees to use the premises solely Cor the purpose oC short tenn. (six (6) hours or less) n0n- commercial (no lnJeu. buses. etc.) vehicular parking. Lessee further agrees to maintain said parking spaces in the same general condition as when received; ordinary wear. lear. deterioration. damage by the elements, or W18voidable casualty excepted. 5. Upon tennination of this Lease. Lessee shall deliver possession of the leased premises to Lessor in the same general condition as when received excepting however. ordinary wear. lear and deterioration or damage by the elemenls. 6. Lessee represents thai il has inspected the premises and accepts the same. for purposes of this Lease and accepts the same, u is. 7. Said lease maybe tenninated l1y r.ilher Lessor Of Lessee at :my time by Biving Fourteen (14) days wrillen notice. 8. No signs may be placed by Lessee. 9. The Lessee shall not further sublet or assign any portion of its right under this Lease. 10. It is agreed lhat time shall be or lhe essence or this agreement and this Lease shall be binding on both parties. lheir hiers. personal representatives. and/or assigns when this Lease shall be signed by both parties or their authorized agents. Page I of 3 11. Lessee's use of the premises shall in no way interfere with vehicular or pedestrian ingress or egress to and from the drive in banking facility of Lessor. 12. Lessee agrees that it will indelMify and hold hannless Lessor against any expense, loss. liability. or damage that Lessor may sustain or incur on account o(a breach of any covenant or condition of dle Lease or on account of any injury to property or persons on the'Demised Premises, or in connection with any legal proceedings brought by the lessee against any person other than lessor. Lessee's liability under Ihis Lease extends 10 the acts and omissions of any agent, servant, employee. visitor. or licensee of Lessee. 13. Lessor and Lessee agree to carry fire and extended coverage insurance on their respective property and interests in the demised premises and mutually release each other from any claims for losses or damage which may be covered by their respective policies. 14. Lessee shall provide and maintain at its own expense the following insurance with such insuring companies authori7.cd to do business in tile State of Florida with seneral policy holde.... ratings of not les. the A and in a financial .ize category of not less than XIII. U rated in the most current available Bests Insurance Reports, or the equivalent thereof. and in such form and IUbstance u shall be .atlsfactory to Lessor: Comprehensive General Liability Insurance with the following minimum limits of liability: Bodily Injury Property Damage 5500.000.00 each person 5500,000.00 each occurrence 5 100,000.00 each occunence 5100,000.00 aggresale The policy shall provide for Protective Liability Insurance with respect to operations of contractors. The policy should be endorsed to provide coverase for Lessor u an additional Insured with respect to its liability arising out of U. ownership of the leased premises. The polley shall Include an endorsement to the erfect that the Other Insurance Clause shall not apply with respect to similar insurance camed by Lessor. In addition. the policy shall include Contract Liability Coverase which shall cover the following Indemnity Agreement. which agreement is hereby made a part of this lease. 15. All notices by either party to the other shall be made in writing by deposilins such notice in the certifiedeor registered mail of the United States of America. and such notice shall be deemed to have been served on the date of such depositing in the certified or register mail Wlless such depositing in the certified or registered mail unless otherwise provided. All notices to Lessor shall be made to Banett Bank. Facilities Department 2nd Floor, 250 Park AveftH, Winter Park, Florida 31789, Att. East Relloa Propert, Manaler with a copy to Richard Withers Esq. of Mahoney. Adams " Criser, 50 North Laura Street. P.O. Box 4099. Jactsanville. Florida 32201 or such other address u Lessor may Crom lime to time designate in writing to Lessee. and all notices to Lessee shall be made 728 CUI Loma Blvd.. Boynton Beach. Florida 33435. Notwithstanding the Coregoing, notice to Lessee may be given by hand delivery. Page 2 of 3 16. This Lease constilutes lhe enlire agreemenl or lhe pat:lies and any changes herelo musl be mude in writing and signed by both parties. . IN WITNESS WHEREOF. the parties herelo have caused this instrument to be execuled under their seals. on lhe dale first above wrillcn. Signed. sealed and delivered in presence of: LESSOR: WITNESS: BARNETT BANK OF PALM BEACH COUNTY. N.A. BY: LESSEE: TWO GEORGES. INC. BY: ~~ ?Ll"/~~ TITLE: ~~.n1.lV1 Ex_Ion~~ inolJurneN wu _........ ber.... me 1his .:2. 'i day of of '...uy. 1991 by ~ u ()WA.,(f on behalf of Two ~ Inc. Wftss my IBId lIlI oCR:iaI ~AME) (TI1l..E) () seal at Pl3. said counly and stale this 017 day of a..N'l . 1991. NOTARY SEAL: REBECCA H. RODGERS MY ~SION EXNIEI June 17, 1994 IllIlDU 1MIJ TROY fAlf 1NSUIWlCE. INC. Commission Expires , Page 3 of 3 (Exhibit A Attached Hereto) 3333 H. FEOElAL HWY. JOHN A. GRANT, JR., INC. CONSULTING fNOINfUS," SUIVlYOU IOCA lATON, flORIDJ SKETCH THE FOR A PARKING LEASE EXHIBll EAST 117 FEET OF LOTS 3-6 FUNK BROS. ADDITION 'PLAT BOOK 2, PAGE 13 BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA fO,lllNJ [)EALll fl()IJlLV.^.KD ~ ~ ~'J'.(.fW T I"R : .two fiEORt"b ~r;=--- . ~OI'TlI ~~.~_O!__~~(I:~ _~I.>.r:1I bOll\t '^K~ \. .- ? .~I 'n.N'I \(~ ::'l I ;.> ?: " I ~.~ -t -- (t' I hI C. III '. U ;,~;. ~ I t - tf: ,. .' \.1 -- ".' llQ !,~' I l.\ -," . \: L _. ,_, -.&-- '(lr :,,,' ("(\ ~ -.... o r.) ~ ., - , 1 .... 'lat . . . PI ,.\: ,.." rl"lt~ Lf" lUIE .., ~ 1 c)-r '-.. ..... ~) , (J l"" , , C> <.I <J !l ':; . ~ , . -r' t ' It' I... '.) . ~ I~ 8 . -:) -. f" n -? ~ ~ 1\ . . . ""T 4 ru.:" t. tl Ul1 tUn. \ rl~" t[ D U\l llll"" ~ '.ll I C) T' ... .' I C) ~ <.i -II b -;7 ... . 10"{'lO' 00 '~.. .- 11 ~, ~()l F .. '0" M' f'tI I' ....,- 1\1.0b' ~\le u UtllOtJ D,own I, Checked I, Scol. fl. :I1:l" ,II :I 501 Do'. 'L- (1'/ -'tL ,... ~ 't. ... -.- Job No. \no- ~b'1 . 88mett Technologies, Inc. May 6, 1994 South Region Real Estate Services 1101 East AIIantic Boulevard Pompano Beach. Aorida 33060 3051786-3393 Fax Two Georges, Inc. 728 Casa Lorna Blvd. Boynton Beach, Florida 33435 Attn: Mr. George Culver Re: Barnett Bank - Boynton Beach Parking Dear Mr. CU1Y/0.I1~ Please a!itthlS letter as confirmation to extend your lease term for an additions irlwith a one year option to renew. Would you please return your check of 10.60 with the approval signature. Term: One year 2-01-94 - 1-31-95 . Option to renew: One year 2-01-95 - 1-31-96 Base rent: $10.00 m Sales tax: ~ MAY 2 5 1994 c. Total rent: $10.60 All other terms and conditions of the original lease remain uncfiange . Please sign below indicating your agreement to the aforesaid proposal and include a copy of your current Certificate of Insurance. If you have any questions or concerns, please do not hesitate to' contad me at (305)786-3361. '-' .j1 :"~ ~ ~ I " . . ',. ~ '\-1'''' " ; 'J \."';-' \' ~ ,;~ _ 'f: ~~\ Lorraine Maas Secretary to Ronald P. Scagliola Property Manager for Barnett Bank of Palm Beach County APPROVED ~ &.1. f!..~.-:, - ~ ~ '. f"\. ~IVE DATE: ~ ;~'?d ,.'~~~\./r~ I ;,; ( 1 ~ 199 CnYWu1:iI~313 ur Very truly your., ~M/Y~ ~ ~ l) 19't I), . I "'-' c) '-t..u..- \Lv..-........: oJ ~ ~ f. J..c.' 0 -- fJ.1ie City of '.Boynton r.Beacfi 100 'E. 'Boynton 'Buuh 'Boulevara P.O. 'Bo;c310 'Boynton 'Buuh, :TCori.t:fa 33425-0310 City 1fa[[: (407) 734.8111 :T5U: (407) 738.7459 August 23, 1993 Mr. Craig Livingston 323 North Federal Highway Boynton Beach, Florida 33435 Dear craig, In response to your letter of 7/27, I am writing to let you know that I am aware of George Culver's desire to expand his business. However, there are a few things that must be addressed before any expansion takes place. ( First, the City needs to be absolutely certain that additional parking will be available both for Two Georges, as well as the Seamist Centre. To this end, I went to the owners of the Marina and discussed a lease of the property fronting on Casa Lorna Boulevard, which they have agreed to. Gee and Jensen has given the City an estimate for designing the parking. What I now need from George and Mrs. Hall is a written assurance, as they agreed verbally that they will pay for the design and construction costs on Cas a Lorna Boulevard for the parking. Once I have these, I will ask the attorney to draw up a lease and agreements covering the various aspects of payment, expansion, and construction costs for the various parties. In addition to this, once the agreements are signed, George needs to apply for a special exception to expand a non-conforming structure. This must be reviewed by the CRAB and eRA. Finally, building permits must be applied for to upgrade the second floor area from residential to commercial use. It should not be assumed that any portion of the second floor is usable for bar or restaurant purposes or that the lease or special exception overrides the building codes. The fact that the expansion is allowed under the zoning codes does not exempt the structure from the Building, Handicap Accessibility and Energy Codes or the payment of impact fees, capital facilities and occupational license fees. I would suggest that you contact the Building Department for more information on what needs to be done to ultimately bring the expansion area into compliance with the Building Codes. .9lmerUa's gateway to the gulfstream August 23, 1993 Page Two Two George's I hope this letter is of some help to you. If you should have any questions please feel free to call me. Yours truly, Christopher Cutro, AICP Planning and Zoning Director CC/cmc C:TWOGEO \ MEMORANDUM June 16, 1994 TO: FROM: RE: Tambri J. Heyden, Planning and Zoning Director James A. Cherof, City Attorney leased Parking Agreement for Two George's Restaurant I have reviewed the leased Parking Agreement forwarded by you on June 14, 1994, and it is my opinion that this matter should come before the City Commission at the June 21, 1994 Commission meeting under "Legal Other". ~ do not think the Agreement reaches the level of comfort we need to assure that parking for the intended use will exist in the future. We need: 1) To have Leases that are not subject to revocation without notice to the City (60 days notice minimum); 2) Conditional approval of CO's or OccupatlonalUcenses linked to parking . continuing lane = revocation of license; 3) 4) section. leases must be in recordable form IIld recorded; City to be named 3rd party beneficiary of lease with reference to Code JAC/ral cc: Carrie Parker, City Manager \ M E M 0 RAN DUM TO: Chairman and Members Community Redevelopment Advisory Board ~~ FROM: Christopher Cutro Planning and Zoning Director DATE: February 4, 1993 SUBJECT: Two George's Off-Site Parking Two George's Restaurant located at 728 Cas a Loma Boulevard is requesting to provide required parking for their use by renting 65 spaces from Barnett Bank which is located at the northeast corner of Federal Highway and Ocean Avenue. The reason for this request is that Two George's wishes to expand their seating from 100 seats to 140 seats. This site would require 62 spaces after applying the 35% reduction available in the CBD zoning district. This would include the 43 drift boat seats, 21 wet slips and a small office. There are some problems at this point that must be corrected before we can go forward with this item. First, the distance between the parking lot and Two George's is greater than 800 feet. Even allowing for the fact that a person would not walk south then west then north along N.E. 5th Court to get to the lot but walk across the vacant lot at the west end of Casa Lorna Boulevard the distance is still greater than 800 feet. Second, the lease is not an automatically renewable lease but year to year. We would like to see a longer term lease than this. Finally, the lease should contain an additional clause in which Barnett Bank notifies the City if the lease is terminated by either party. We will attempt to do this prior to the Board meeting on 2/8/93 and report to the Board verbally on our progress. CC/cmc C:TWOGEO -1- DRANCH #30 114 NORTH FIWERAL HIGHWAY BOYNTON DEACII, FL.ORIDA 33435 PARKING LEASE AGREEMENT THIS INDENTURE, made and entered into this 22nd day of January, 1991, by and between BARNETT BANK OF PALM BEACH COUNTY, N.A.. having a principle place of business at 250 Park Avenue South, Winter Park. Florida 32789 hereinafter called Lessor, party of the first part. and TWO GEORGES, INC" having a principle place of business at 728 Casa Lorna Blvd., Boynton Beach. Florida 33435 hereinafter called Lessee. party of the second part. WITNESSTH TIlat for and in consideration of the rents and covenants herein contained. Lessor hereby Leases unto Lessee, the following described premises in the City of Boynton Beach, County of Palm Beach. The East 117 Feet of Lots, 3, 4, 5 and 6, Plat Book 2, Page 13, Boynton Beach, Palm Beach County Florida. More particularly described in Exhibit A attached hereto. TO HAVE AND TO HOLD the same for a primary tenn of one (1) years begiming on the First day of February 1. 1991. and ending on the 31st day of January, 1992 at a rental annual rate ofTen dollars ($10.00) plus applicable sales tax. TIle above rent shall be payable in advance to: Barnell Bank of Palm Beach County, N.A. Alln: East Region Propeny Manager 250 Park A venue South Winter Park, Florida 32789 COVENANTS AND AGREEMENTS I. Lessor warrants Ihat upon perfonnance of Lessee's agreements under this Lease, Lessor will maintain Lessee in quiet enjoyment as against any claim of Lessor, its heirs, executors. administrators. successors or assigns. 2. Lessor sball pay all taxes, special assessments and public charges levied against the premises, payable during the lenn of this Lease. 3. Lessee agrees to pay Lessor the rent as herein specified. If the rent hereunder shall remain due and upaid for ten (10) days after written notice from Lessor to Lessee. Lessor shall have the right to re-enter said leased premises and to remove all persons and property therefonn. 4. Lessee agrees to use the premises solely for the purpose of short tenn. (six (6) hours or less) non- commercial (no trocks, buses. etc.) vehicular parking. Lessee further agrees to maintain said parking spaces in the same general condition as when received; ordinary wear, tear, deterioration. damage by the elements. or unavoidable casualty excepted. 5. Upon tennination of this Lease. Lessee shall deliver possession of the leased premises to Lessor in the same general condition as when received excepting however, ordinary wear. tear and deterioration or damage by the elements. 6. Lessee represents that it has inspected the premises and accepts the same. for purposes of this Lease and accepts the same, as is. 7. Said lease maybe tenninatcd hy p.ilher Lessor Of Lessee at :lilY time by giving Fourteen (14) days written notice. 8. No signs may be placed by Lessee. 9. The Lessee shall not further sublet or assign any portion of its right under this Lease. 10. It is agreed Ihat time shalJ be of lhe essence of this agreement and this Lease shall be binding on both parties. their hiers. personal representatives. and/or assigns when this Lease shalJ be signed by both parties or their authorized agents. Page 1 of 3 TO: Carrie Parker -2- June 16, 1994 On November 7, 1991, Mr. Culver submitted a copy of the executed agreement to the Planning and Zoning Department. staff rejected the agreement because the leased parking exceeded the maximum distance allowed. On January 31, 1992, the lease expired and on April 15, 1992 the lease was renewed through January 31, 1993. On May 12, 1992, Mr. Culver again submitted a copy of the executed agreement to the Planning and Zoning Department. Despite the problem with the distance of the leased parking spaces from the Two George's Restaurant, staff placed the matter before the Community Redevelopment Advisory Board (CRAB) on February 8, 1993. staff reported to the CRAB that there were three problems with the lease: the distance to the leased parking, the ability to terminate the agreement within one year and termination of the agreement without City approval. The CRAB recommended that the distance requirement be waived. On February 11, 1993, the Technical Review Committee met and recommended denial of the agreement. None of the problems noted were subsequently corrected within ,the agreement. At the June 7, 1994 City Commission meeting, staff requested the Commission to consider approving, on first reading, an ordinance to amend the zoning code to provide for a maximum 1,000 feet distance for leased parking, measured by a straight line, consistent with the distance provisions of the city's payment in lieu of parking program. First reading of the ordinance was approved and is scheduled for second reading on June 21, 1994; the same night as the su~ject request. ANALYSIS Although it is not known whether the agreement expired during the period of February 1, 1993 through January 31, 1994, the attached letter dated May 6, 1994 indicates that the lease has been extended from February 1, 1994 to January 1, 1995. Approval of the referenced ordinance would eliminate one of the three problems previously noted with the lease, i.e. - the leased parking meets the proposed distance requirement. The other two problems remain as reiterated in the attached memorandum, dated June 16, 1994, from the City Attorney. RECOMMENDATION A .~~)l Staff recommends approval of the parking lease agreement, subject ~~v. to the City Attorney's comments being addressed and subject to 1~ signs being posted at Two George's Restaurant, indicating to /V~~~ their patrons the location of the leased parking, consistent with ( . ----:'0., ~~ a provision of the proposed ordinance. Also, since the area of b~ the leased parking at Barnett Bank is specifically identified J~~ within the lease, it is recommended that this parking be posted 5li ~ Wi~gnage. ~~;'&~1?/Jlldt',-a ~.aLu& '<<," '/fJtJ.1 wr:.-.f'( ~aff i~he process of verifying the number of surplus -- . -Iv C~~ parking spaces at Barnett Bank and the number of parking space . necessary to bring the Two George's Marina and the existing, !'~ 110 licensed seating area on the first floor of the Two George's ~ ~ restaurant up to code in terms of parking. An update on this ~~ information will be provided at the City Commission meeting. Ii' f/f ~'v/Yf/ qz - 10 ~~ ~ ~6 _AU-~ ~~ ~ ~~~d.j )~~ ~~~~. ~ 1'/:/'~ /no. h<<,~ 1'.d 0 ~ftachments ~\1' ,;~:;t jJ:-)~ ~ xc: Central File . _A..JJJI? ~~ ~':" A:2GeOLPkg ~'~ # C~ l.7i.~.:.~J . ~.\ ~ Ib" ...lto ~ - h~~l~' '7b ~) ~ - ~.~~ - (~~ : ~~ ~ (J ft,06tft~n4) .A~~ H4~1~1IJ"_ 'I"A :1~' ~~~~~~,..~~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 94-198 Agenda Memorandum for June 21, 1994 Community Redevelopment Agency Meeting ~o: Carrie Parker City Manager FROM: Tambri J. HeYden~ Planning and Zoning Director DATE: June 16/ 1994 SUBJECT: Two George's Restaurant - File No. 721 CBD Parking Lease Agreement Please place the above-referenced item on the City Commission (sitting as the Community Redevelopment Agency) agenda for June 21/ 1994 under Legal - other. NATURE 'OF REOUEST George Culver, owner of Two George's Restaurant at 728 Casa Lorna Boulevard, is requesting approval of a parking lease agreement which would provide for his leasing of surplus parking spaces at Barnett Bank at the northeast corner of Federal Highway and Ocean Avenue. The purpose of the parking lease is to help remedy occupational licensing problems caused by lack of adequate off- street parking on the restaurant property. The zoning code states that "Lease arrangements to provide required parking spaces shall be subject to approval by the Community Redevelopment Agency, after review and recommendation by the Technical Review Committee". BACKGROUND Over the past three years, parking for Two George's Marina, Seamist Marina and Water's Edge Marina has been an issue. On September 19, 1991, the City Commission approved the request for an occupational license for boat rentals at Water's Edge Marina for a period of one year, with the condition that within that one year, if the Lighthouse Square Marina was not constructed, the unpaved area that has been used for parking would have to be improved and a parking lot, meeting current standards, would have to be constructed. The Lighthouse Square Marina was never constructed. At the February 2, 1993 City Commission meeting, Club Nautico came before the City Commission to request renewal of their occupational license for power boat rentals. At this meeting, the Commission put the marinas on notice that if their parking was not adequate to support their businesses by the time annual licenses were renewed in September 1993, the City would not renew their licenses. Since no improvements were made by September 1993, the Occupational License and Planning and Zoning Departments have been freezing licenses for vacant slips (nonconforming due to lack of parking) and issuing new licenses only when an active license is made inactive, i.e. - grandfathering only the slips that were currently licensed at that time. At this point in time, pursuant to Appendix A - Zoning, Section 6.E.4.c.(2) of the Code of Ordinances, if parking is not adequate on a site located within the CBD, parking can be leased within eight hundred feet of the bUilding to be served, as measured along a pedestrian walkway. On January 22, 1991, George Culver entered into the attached, parking lease agreement with Barnett Bank at 114 North Federal Highway. The agreement was for a one year term with a one year option to renew. The agreement was executed without City review and approval. , . ."q:"..... .. PLANNING AND ZONING DEPARTMENT MEMORANDUM FROM: James Cherof city Attorney Tambri J. HeYden~~ Planning and Zoning Director TO: DATE: June 14, 1994 Legal review of the leased parking agreement for Two George's Restaurant Please review the attached copy of the leased parking agreement for Two George's Restaurant (they are leasing spaces from Barnett ... '0 \ "''I..; "" """...."''''...''''...~ taI;:a,:::. ~'Il~l"'llr~n ;t Ul.lL vp;:ar,::: ;:ann wi rhout the _ SUBJECT: ,. AGENDA MEMORANDUM NO. 94.231 June 21, 1994 x. LEGAL 0.1 Lease agreement between George Culver & Barnett Bank regarding parking spaces The Planning Department forwarded the lease agreement between Two George's Restaurant and Barnett Bank for review and comment. The City Attorney has made several suggestions to be incorporated in the lease. City staff has been trying to contact Mr. Culver to determine if he will agree to incorporate the changes, however, we have as of the time of agenda preparation not reached him. 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'i .~. ~ ~', II;, ',' '... i ." 1', ,'.' ......~ ~... . I '\ \:. '\ ;" OJ> I~ . \: ' \ I .~ ,\ ^, 'T- _, C,,' .'__ -:." ..s . · I" , 'r' ,- ' ,,, t. .... ~,-ft>--"'" ,tc'" __.--_.\'1 I " ,\ ",'0, . ,-,: i ". ;;', ~'1' " ' ,,' Ii' :~." ,,~ , ,\"'_ .~_."=' . .,,,,,, ~..L""" ", ' 1 l ~!! .. " . ;r e-"""" ';"" , 'I " ., ," ' ,.- "-" ,-~.. ,'. ' ! . ! .< . \" J: " I " ,": .. .' ... :", , ' ,: ".~,' _ J " '.I C ~ c, '5' " \' "11 ..... J' ........... ',...... ,\ ", '''...: 1\ I '.'; ~ '"1.\,' ,....t, 'L ,j II .~ i ---- -""J ' /' : ",--/i: It,:..r ., \ , \ ~- ~. ,~ ...\ ,-:;: .\ :,\ I"~ 1 -~. -<"-..,. ~,...._._~ 3333 H. fEDER~l HW'(. JOHN A. GRANT, JR., INC. CONSULTING ENGINEERS. & SURVEYORS BOCA RATON, FLORIDA FOR A PARKI NG LEASE EXH I BIT EAST 117 FEET OF LOTS 3-6 FUNK BROS. ADDI TION PLAT BOOK 2, PAGE 13 BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA SKETCH THE ~lV,(.fW r f'R : rWD nEOR~C6 Drawn Iy Check.d By Scale . ~.r=.--- .--. 1'8 r_ o 4 " "") )- .. :;; :J ~~ I ~- , I ..t t _.~ \>1 C, 111 LJ v I ~ U.' ["~l '0\ ,-' rL :or II' :: 5()' r D'1 '11 O~ J [l( M,I \ f)DU l LV f\f, f) bW1'\\" V:;'IJ, ..O!.._.~'~!j. q _~). ... ~L~r-li WJl E/^k.!J t. :-~ ..; Co \\1 ,('0 '\ __ __"~. ___..1.____ n!~ J.-D' 1I'lf"r-. (',,11 'I', . \' /". I ,", -I' I ,\ I I I f \ J . '_ __ \_' I <> ~ 'wr,\',..,,' Q tJ'1 -J ,,- \ I '-' fL~\~(t .)'\ WI(: t f, -r- I '\ l , t) f ,_ __ '\..., 1, <:) 'Cl ,<) " ~ <1 ~ .1 <') .-? 0 \,., ,'I " f I ---,. ... \ (J - (~ , I C> Q <J ~l -, r'l , ,~ f\~..~ f(,t UY"I" ,\~\ * i l', -r. I ." I 'I I ' \, 1_.. ".. 1--- .', ,) nJt,lHt lM LIIIf:'~ uJ 1 ""11\ ..,.... , I I I I \,': I... _..., j r 1,- ',) ,--: - Q 'CI <,J '.1> 10"OD' OD ': . /' i 11\. ~,()I ......,.- ~ 0 r M . ('{II' 1\1.001 ~\re UU\l\OtJ Dale \2.-0'1'-1D ,. . B. ...=;.;.;;.:.. ,. g. ... _.- Job No, \()D- ~bl" ~ ~ ~::l In \1 I - lu ~ .~ I : ~ craig livingston, architect November 7, 1991 Mr. Christopher Cutro, City Planner City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435-310 . ., '\ Re: Two Georges Restaurant Dear Chris; Enclosed please find one copy of the executed lease between the Two Georges Restaurant and Barnett. Bank. The parking lot legal description is also enclosed, along with the existing plans of. the Barnett Bank site. I have measured the distance between the two parcels, and they are less than 800' apart, however the code asks for the distance between the building being served and the leased parcel, and this exceeds 800'. In the case of Two Georges, he also has boat slips which would use these spaces, and that distance does not exceed 800'. If I may provide any additional information, please call me at your convenience. new york florida cyprus 323 north federal highway suite c boynton beach, florida 33435 407-737-9606 407-737-9608 (fax) TWO GEORGES INC. 728 CASA LOMA BLVD. BOYNTON BEACH, FL 33435 Phone 732-4411 January 26, 1993 Mr. Cristopher Cutro Planning Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Mr. Cutro, Enclosed please find the lease between Two Georges Restaurant and Barnett Bank relative to the off site parking lot at the northeast corner of Boynton Beach Blvd. and 6th. Street. This brings the total number of spaces available to 75. We are requesting a total of 40 additional seats for the upstairs lounge and waiting area. Please review CBD ordinances with regard to our request and advise accordingly. Thank you for your assistance and if you need any further information please call me at 736-2717. )in~e~, ~/Z:J.-~ ~"_...~ ..Y- Steve C1:r.tr'an Operations Manager cc: Gearge Culver \\1€'O ~€G€. t ~ \~~?, ~~\\ -2- ~ ~.~ . to Barnett Banks, Inc. I I rebruary 1, J 991 East Region Facilities Management 250 South Park Avenue Winter Park, Florida 32789 407/646.3680 Two Georges. Inc. 728 Casa Lorna Blvd. Uoynton Beach, Florida 33435 All: George W. Culver. Director RE: PARKING LEASE t(Q){P~ 1,:1~!~' " ~;::'I;J l~ \ .0: I I.n, i" ':~., I i, I ocar;Mr. Culver: I dliml!l ;',,::~ i'; ,~ r '~:I ,~I,' "llli :'lll j '" 1'\ i r'~p,~I, ..t '. l' :! . Enclosed fll~ase find one copy of the signed lease hg~fncnl ~~Wecn T 0 Georges. Inc. and Bamet! Bank for the parcel of land located at the northeast comer of B~,U}lank ,~:..edem Highway in Boynt~11 Beach. H !,t.~V: ~.~ ; ..,!~l,;:'tJ;l~' I We also acknowledge receiving the Article of Incotpor8:tion oct'Yo Geor es Inc., and Cerlificate of Insurance plus the $10.00 rental check, which did not have the I~*ii~i ~ am#ntof $. 0 include~. Pleasesend a check in the 1~I\lOU~I.~ ~f $.60 10 complele your total renla) paYI~~r!mp)eas:~!,:'ttach a [copy of Ihls Ie lieI'. 111ank you for YOllr loopel.lllon. - ... II: i:~; j , , I' :"1' :,'! ! \': " .' ~ 1;' I . j' : . ~ " ~ i I'; l~: 1 ' 'I ' I ;'!;\',:, i .: I' I:r ::j;i I,: ',. :1; :' , , ~1f/97..3 - I I /_~-I'oZ .IJ,.I. ~ . 1''1.:1.. a&,~ . JJO:hl tf .~~ /tI. ~ d ;; // JII - - -3- ~ i . ...,un... ..",,".n.. lIhlV~ l~nUIIUlle(1 OV eItner Les..s.Of..1:lr I P~c.pp ~f !:Jinv ,imp hu nivino Pnl1r'ol'n {lA' ...Inoue- ",,,:"nn .~ .. , '."~ April 1:5, 1992 Barnell. Technologies 1101 E Atlantic Blvd. Pompano Beach, FL ~ ... Alln: Rutr \Neise Re: Barnett Bank Parking , Dear Ms. Weise: ,- w~ are renewing our lease through 1/31/93. Enclosed please find a check in the amount of '10.60 along \^Ii~b a copy of our CertifiC:ate of Insuranc~ " Should you. have any further questions, please contact me. Sincerely, .\ . ... , William Cornell, ~ ..' " -~...----,....~~--........-~;;;.~~-~.~~~.,....._~~........~,~~...~~ PAY TO THE o TWO GEQRGES, INC. 9-88 HARBOUR HUT GENERAL ACCOUNT PH. 736-2717 728 CASALOMA BLVD. /2 BOYNTON BCH, FL 33435 ;//] , ~,?7/ FUcP ~~-,::;:;_.-"___ _ ~ ./ 1"....- L'\_J 6029 '" I I __ " ~ 19 C{I~ ~O 1$ !urw DOLLARS . 63.858/670 30 , ..~ . . II 080.0~O '14 Norlh Federal Highway . Boynlon Beach, Florida 3343' t a i ~ << ~ FOR .. 11100 b 0 2 gill I: 0 b ? 0 0 B 5 B 21: ~ b ~ . b . ~ bOO III t-,~~ o-'-~~:~~~~JI!II!IIII!!"~~.~";or~~:iiII!'iIt~~"!Z--,-~...:!'.~!:..~.~'t.~_~:'I:!'-#:-~~".1':~-l-..t:'......!!II'~~~..f.~...~.r.~...!;t'~~~~~J@!IY~" -4-. /. ..' ~ !~ craIg livingston, architect I" ,I ,: , :/ ,lit I May 12, 1992 ( I, Mr. Christopher Cutro Planning Director City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33435-310 Re: Two Georges Restaurant Dear Mr. Cutro; Enclosed please find a lease between Two Georges Restaurant and Barnett Bank relative to the remote parking lot at the northeast corner of Boynton Beach Blvd. and 6th Street. I also enclose a copy of the site plan of the Barnett Bank building and the plat of the property. As indicated on the site . 'plan, there are 65 spaces available for Two Georges use. Based on the city ordinances we list the parking requirements as follows: 154 Restaurant seats (1 car per 3 seats)= 52 cars 43 Drift boat seats (1 car per 3 seats)= 15 cars 21 Wet Slips (1 car per 1 slip) = 21 cars Office- 480 sf (1 car per 200 sf) = 3 cars 91 cars x .65 CBn 60 cars The office space is an adjunct use to the marina and restaurant and does not increase the parking requirements, however we have added this space to our calculations. -,.r; r"lJT"f 1 al' ID~.\...t:'::.\.t. ", ..:u.~J} new york florida cyprus 323 north federal highway suite c boynton beach, florida 33435 407-737-9606 407-737-9608 (fax) ~,.v 1 ~i D, EPli o. f'Lk'i;~ ~: i G --=-.,,~ Mr. Christopher Cutro Page 2 Based on the 18 parking spaces in front of the Two Georges site, and with the 65 spaces available by the attached lease, we have 83 parking spaces for the Two Georges property. This results in a 23 car surplus. Please review the foregoing so that Mr. Culver can obtain approval through Occupational Licensing to expand his seating capacity to 154 seats. Should you require any additional information please do not hesitate to contact me. cc: G 05-06-92 04:43PM FROM FACILITIES PLANNING P02 . Sam.tt T.chnologl... Inc. April 09, 1992 South Region Real Eatate Service. 1101 E8Sf AUeflUe Boule....rd Pompl/'\O B.aoh, Florida 33060 305/786.3328 Fax Two Georges, Inc. 728 Casu Lorna Boulevard Boynton Beach, Florida 33435 A Itn: George CuI ver Re: Barnett Ba.nk - Baymon Beach Parking Denr Mr: Culver: Our records indicate that your lease aareement with Barnett Bank expired January 31, t 992. However, if you would like to extend your tenancy for an additional term of one year with a one (I) year option to renew. please find below the following proposal: Term: 1 year 2/01/92 - 1/31193 Option to Renew: 1 year 2/0119 3 - 1/31/94 Base Rent: $10.00 Sules Tax: L6Q Total Rent: $10.60 All other terms a.nd conditions of the original lease remaiI1 unchanged. Please sign below indicJ\iI1g your agreement to the aforesaid proposal. Do not hesitate to contact me ut (305) 786- 3321 if you have any questions. Very Truly yours, BARNEll TECHNOLOGIES. INC. 11; Date: ~ 4/ht 4.t1-,4d IJ~ 12- ~~ D ~, 11 . 'I \ - .....:0..._ C,_ eJ..5...-( Approved: Ruth Ann Weise Regional Property Manager Real Estate Services e~ .0;,... ..----."'.--- f '<,;i-, . '" " . -~ _H.J__' ( a.L 00.":'11::1 05-l -92 04:43PM FROM FAC TIES PLANNING POI April 16, 1~g2 Barnett Technologies 1101 E Atlintic Blvd. Pompano elich, FL AUn: Ruth WII'I RI: Sirnitt Bank Parking O..r Ms. Waill: Wllr. renewing cur '1.,1 through 1/91mS. EnoIDild plllll find I check In the.mount of 10.60 along with I copy of our CertlflOltl of fnsurlnCl ' Should you hlVl Iny further qUlition.. plelse centaot me. Sincerely, ~1A7/) (/C-~> (! &K...[..-tL-'1Ac~ (:'-:1_--1/"',.12-/' ~ WilliaM Corl1lll. . Prilidlnt .$ /0 I to 0 \ (.jJ.tA., &a ~ I fbs ([W<- , !~ {vv..4 ~ ch~ 7rVVv ~ CA IJt k-v~. ~ At CM.-v~ ~ ~ Itf"~ ~. e'"'~~.~ ) ~Il.-- ~ r~ ~. ~~ -..' -.....-...-......----...---..... ...--..-. ..'''...--........--..".. . . .. ................-..... -..- .......... ( 'J (; , C' f. 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CONSULTING ENGINEERS. & SURVEYORS lOCI. "ATON, flORIDA SKETCH THE FOR A PARKI NG LEASE,; EXH 1 BIT EAST 117 FEET OF LOTS 3-6 FUNK BROS. ADDITION 'PLAT BOOK 2, PAGE ,:3 BOYNTON 'BEACH, PALM BEACH COUNTY, FLORIDA I ,., -,- I " I I , L _.. \_/ <:) ~J ~I ,. , I --' 4 ;::1 ~ II> \' -. .~I .1.,) J ~ t w ., . '1 " -.... \ W "\.:,.,,.' r'D" 'I Wt.\ t$I\UI f)D\Jll\fIW:V ~l".':.ftll , r-~ : 'IVla rtl=.~R(!t~ ~(lt'm f.; 'IJ or ~'~~j frl.) B{.A,rll !lOUt H^'<..tJ \. _,r=.~~' - -.. . \-8 ,..: 9 '\1 .('o 'l -; "U) > r~~ ~ '1 I ., I" h' I 1.\ II' 1I \or' I t r f: r _1 '" .' HII )'('1' ..__L___. .' nr ~,,' "''' I' II'.. \ \ 'I"'"'-. ~ r\.~\~L\i lfl1 l\~I\: -') ~). , (J t-" . I 0 Q <J f.. I '::i . _1 I t', -l' I ., I I I , '" '- ~.. ..... ~ ,-:3 ., g r.l ;i n .., ,.., '.. "\ !\ . . . -r 4. \ " "\ -r" l $ I '.. "" ..... . fU":l rfb Ul1 UlIf. \ n ":t 1 t: \) U\1 LII'~ "'\ I.lJ I ", -r- I , , I L.\j I <::) '::- c '..) z <:., '.11 "\Ie - !! U U\l\btJ ~\t\\\\Ti ...I1M ' t\:l." . I 10"('10'01) ': . /- 11 ~ . ~'ll - --' \\1. ObI Drawn " . fL Checked Iy :11:1.' Scat. . \'1 :5()' Dole \t-O.t--'tL I' .1. ..=.;.;.::;... '0. --.' --- Job No. \I'ID- ~"1'\ craIg livingston, architect May 12, 1992 Mr. Christopher Cutro Planning Director City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33435-310 Re: Two Georges Restaurant Dear Mr. Cutro; Enclosed please find a lease between Two Georges Restaurant and Barnett Bank relative to the remote parking lot at the northeast corner of Boynton Beach Blvd. and 6th Street. I also enclose a copy of the site plan of the Barnett Bank building and the plat of the property. As indicated on the site plan, there are 65 spaces available for Two Georges use. Based on the city ordinances we list the parking requirements as follows: 154 Restaurant seats (1 car per 3 seats)= 52 cars 43 Drift boat seats (1 car per 3 seats)= 15 cars 21 Wet Slips (1 car per 1 slip) = 21 cars Office- 480 sf (1 car per 200 sf) = 3 cars 91 cars x .65 CBO 60 cars The office space is an adjunct use to the marina and restaurant and does not increase the parking requirements, however we have added this space to our calculations. , nelV york flurida cypms 323 north federal highway suite c boynlcm beaell, florida 33435 407-737-9606 407-737-9608 (fax) Mr. Christopher Cutro Page 2 Based on the 18 parking spaces in front of the Two Georges site, and with the 65 spaces available by the attached lease, we have 83 parking spaces for the Two Georges property. This results in a 23 car surplus. Please review the foregoing so that Mr. Culver can obtain approval through Occupational Licensing to expand his seating capacity to 154 seats. Should you require any additional information please do not hesitate to contact me. cc: G ~ 05-06-92 04:43PM FROM FACILITIES PLANNING P02 . lime" Technologle', Inc. April 09, 1992 South Region Real Eatate Services 1101 E&8f AU_ntic Boulevard Pompano BIIOh, Florida 33OeO 305/786-3328 Fax Two Georges, Inc. 728 Casa Loma Boulevard Boynton Beuch, Florida 33435 Altn: George Culver Re: Barnett Bank - Boynton Beach Parking Denr Mr: Culver: OUf records indicate that your lease agreement with Barnen Bank expired January 31, 1992. However, if you would like to extend your tenancy for an additional term of one year with a one (t) year option to renew. please find below the following proposal: Term: 1 year 2/01/92 - 1/31193 Option to Renew: 1 year 2/01193 - 1/31/94 Base Rent: $10,00 Sules Tax: L6Q Total Rent: $10.60 All other terms and conditions of the original lease remain unchanied. Please sign below indicating your agreement to the aforesaid proposal. Do not hesitate to contact me ut (305) 786- 3321 if you have any questions. Very Truly yours, BARNEll TECHNOLOGIES, INC. '1"\ Date: ~~ ~t/-',4-d IJ~ 12 ~~ o ~, (.:l . ., I . .o...J:.L, C "'"_ L.J..5 ....-( Approved: Ruth Ann Weise Regional Property Manager Real Estate Services c; . ~ ..:.- ". f. '\\~\\01~~, ~ \ \~ , ,,'" ,J,V" . '\ \\ \~t --~' \ \ \ . \ \ C>'O~-\. /~~ '" if. ~C::\..~,~~~ ~t'" ~- ~~1r"..-m ....\ :~ . .~' / / j;~ . _ \'" ;~~;'C '_~ ,k ,',_--- L--; -~.. -c".\- .. , ..." o ...,1 ,. .' -.;. <" _,,-;; I Y ;1.--..../ . . , \\ ~ ~ V) ;( ... \ \ \ \ \ -' - -' ~..:: ;....- "-:-:-: ;~.-~ --:. :... \ till ~ _4.-->..-<,.-.r..----.,--...~-,. ...--...-. f .-r ti .~ '" <r / I" .\:: " L) '~ ,/ ~\ , '() ... ~ ... r .... .,. "'" ?i ,.\' ~ >I IV r' , ~ I . f. I'"~ .. ... C~~-==-~. ~~~ ,.., ~~.~-_... 1"" '. ,. ~ .,. ....,,_._......-...." . .' .*u.......-..... -"- ......' Our records indicate that your lease agreement with Barnett Bank expired January 31, 1992. Ilowevcr, if you would like to extend your tenancy for an additional term of one ~ith a one (I) year option to renew, please find below the following proposal: I c, Term: 1 year 2/01/92 - 1/31/93. ~ J / -1V ~u'lf ~ i.... ,.,'oJ 0 l~l' r t- -1vP~>(IY{ f '-"}\ 117 190 / ;; ..0 . . . . . April 09, 1992 Two Georges, Inc. 728 Cas a Loma Boulevard Boynton Beach, Florida 33435 Attn: George Culver Re: Barnett Bank - Boynton Beach Parking Dear Mr: Culver: Option to Renew: I year 2/01/93 - 1/31/94 Base Rent: Sales Tax: $10.00 :L.6Q Total Rent: $10.60 Barnett Technologies, Inc. South Region Real Estate Services 1101 East Atlantic Boulevard Pompano Beach, Florida 33060 305/786-3328 Fax All other terms and conditions of the original lease remain unchanged. Please sign below indicating your agreement to the aforesaid proposal. Do not hesitate to contact me at (305) 786- 3327 if you have any questions. Very Truly yours, BARNETT TECHNOLOGIES, INC. (1 '-'-~~__ C1-_ L -.J};~ -' Ruth Ann Weise ~egional Property Manager Real Estate Services Approved: Date: 3333 N. FEDERAl HWY. . JOHN A. GRANT, JR., INC. CONSULTING ENGINEERS." $UAV~YORS 10CA RATON, nORIDA SKETCH THE FOR A PARKI NG LEASE EXH I BIT EAST 117 FEET OF LOTS 3-6 FUNK BROS. ADDI TION 'PLAT BOOK 2, PAGE 13 BOYNTON . BEACH, PALM BEACH COUNTY, FLORIDA r D'l 'llOH [1(MA \ f,DIJ II \/ J\R t) ~ l'--.I ~?, I'\:J \' ~lV,f.:'1 tII ll' ~ : IVla n~.M(r(f;!> ~[1p f\\ v,; '/J or ~'~b HI.} 6{'~W y>{)\.lt U^R,tJ \. ~-r==-' _., . \'8 \\1 ,('O '~ ,~. "I .&.) ...) .q, ..... 1.( , t_ o , '1 " ..^'., --_.... nrl J'[I' .-.,--. 1"r:--r-. ('{\~ ..... .... r~~ I I ,", -,' I " I I I L_. \_/ o Q ~, "", '.' \ Wf'''.'I'~'' > ?: '1 ~ II) ft ~ {1 tt, L~'1 tn'\: --) I , r (; I.) '" , f', -1' t 'I I ., I ..., '-... ..., ~) l (J t""' I I 0 (;) Q :t. , ;:; . .') t . , \I' \" I." II I 11 " "\ -r'" I \) I '... '"'. ... , ~ ,c:j t) g ~ <., 0 .~ ,., I.. .\ /', , . . -T ... tt' r\~'l ff.b U.\1 utJE \ ./ n~'lH\) UH llf'f: ....~ u.J I ", -r' , I I I 1...\..1 i Q '~ <:.; '.\1 G :2 , 11 t ~\tl " ~O"{'o' OD I~ . /_ ___ 'OfN)'C'C\" \11. Ob' Drown Iy Fl Dol. \ t -lYI ..1 () CheeLed Iy. -rrT- . ~ '.8. -=..;.;.:;:.. '0. h. --- 5--1. . l'I -_ 1;'" 'no' 'lit .." _ _:!~ Job No. -.." \ 4 ). "../ /", ,April 15, 1992 Barnett Technologies 1101 E Atlantic Blvd, Pompano Beach, FL Attn: Rulh \Neise Re: Barnell Bank Parking Dear Ms. Weise: We are rene.ving our lease lhrough 1/31/9.3. Enclosed please find a chec:k in the amount of -10 .60 along 'tNith a copy of our Certificate of Insurance Should you have anv further questions, please contact me, , . Sincerely, William Cornell, ~...__ ...~.~....... .....~__%::11_~~~.__~_~~__ 7:"E:......-~~........__ 'ftf.....~iiiiiiiF~iiiif ___ 2f't'.....~....,~~~.....,~ ~~~..... ~ TWO GEORGES. INC. 9-88 HARBOUR HUT GENERAL ACCOUNT PH. 736-2717 728 CASALOMA BL VD. L1 BOYNTON BCH. FL 33435 PAY . /: ~ . TO THE o . /' ~ ____~m_' :;-7~-'--- -----,-, ___,nu.___m_ --- -~-~_._---_._---~:~::-:;.::-:=-_-,---_._--- -- - -.-.- - -- - .-. 6029 A- f ~ I .- --..... 19 <.::{12......" 63-858/670 30 GO ____ __ __ ___.____.~ $ I u ~! _, , t.)C) DOLLARS - ~~~-~~~'h Fod...1 Hlghwoy __ Boynlon Beech, Flo.ldo 33435 El' I . " , i, FOR_ ---- ---- '- -..--. - .- - -..----- -. -- - --- - (. - . - -- - - g~ ~'" _~_...~_1.. _1~:~2~ ~~.$~~~: ~~? ~~~ ~~~~1~ ~~: _~.. _ L'~ ~ =~ ~ 1: ~~ ~~~:.~ __1.~-_1~-.~.r- P:r_-~_~_.. \\ ( f 1/7 r- \ :,~~#~~~~~ I 'Ifv~p~~~~: :,~~~~I:JJI5~~ .: ~~~~ ": ,;20..pl" d2tJ sl'i7 ~ \ ',I d-- r b~~~ d-r ~~tI-~ "". S-I .;.-. ~~~7/ " tt?tJ,~ ~ roo~ LlL \ ". -;::;;-7.iJ n {t?O "c y ('leA / 7 T J'!' T T · ~ 5~ ~q;~;1r.~~CBb) I tIAJ..-. i. 4-1r02-(3)~A.L~ \ _J!:J--J~) ~ ~~ \ 5"~3~~~) , Jk~ (J4- ;~ i I I , 1. arf~~~~ .' 1 ~y~ plpJ7J'. , ~ - -/v~ . *~tS ~~ ! I' L : 7 . /- .. .. . / (iJ-nJj/2J'-,/ ps,-~~ A-~ if /(0 ~'f: ." ~ ~$~~~.9~{o~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-218 FROM: Don Jaeger, Building Official ~h~ro, Planning and Zoning Director TO: DATE: August 24, 1993 RE: Casa Lorna Boulevard As we discussed, I have drafted a letter to Craig Livingston regarding Two Georges. I would ask that you review the fourth paragraph. If you wish to make changes, feel free to do so. I await your reply. CC/cmc C:Twoge02 .. .. .. CRAIG R. UVINGSTON. ARCHITECT. P.A. PARK PLAZA 323 N. FEDERAL HIGHWAY BOYNTON BEACH FLORIDA 33435 .. July 27, 1993 Mr. Christopher Cutro Director of Planning City of Boynton Beach 100 East Boynton Beach Boulevard Box 310 Boynton Beach, Florida 33425-0310 Dear Chris; In an effort to revitalize his waterfront property, Captain George Culver has repaired existing conditions to the second floor deck and screened the existing kitchen equipment. He has also installed a new fire exit stair along the south side of the property. This entire property is zoned Central Business District, which allows Captain Culver to utilize the deck for existing operations. Despite the fact the zoning is in place for this use, and despite the fact a building permit was issued for the improvements, Captain Culver has been denied use of the upper deck area for the past six months. We would appreciate you advising us, in writing, the steps appropriate to resolve this last stumbling block for Captain Culver. I look forward to hearing from you on this matter. cc: Mr. Scott Miller, City Manager 1[0) ~ @ ~ U WI ,:" 1t~J, A:3 0 1993 CRL/tar PLANNING AND , 10NING OEPT. 407-737-9606 407-737-9608 FAX .. TWO GEORGES INC. 728 CASA LOMA BLVD. BOYNTON BEACH, FL 33435 Phone 732-4411 January 28, 1993 Mr. Cristopher Cutro Planning Director City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Dear Mr. Cutro, On behalf of Two Gearges Inc. I would like to thank you for your assistance and guidance through the sometimes confusing arena of city pOlitics. At this point we do not intend opening the upstairs lounge area to the public. Although there are some tables and chairs now located in this area, please consider them as restaurant surplus. We are in the process of applying for all necessary approval and licensing and will not open until all city departments are satisfied. Thank you again for your time and consideration. Sincerely, ~~ Manager cc: George Culver " \!', ... \, . ...-' , - .-..__._._-.~ ~_._._------~