CORRESPONDENCE
11ie City of
t.Boynton 'BelUfi
- LEGAL DEPARTMENT
100 'E. tJJoynton '&adi tJJoukvanf
P.O. ~310
'Boynton ~ '%JrU{a 33425-0310
City ?fall: ( 407) 375 - 6050
~~: (407) 375-6090
October 11, 1993
Mr. Frank Wallmueller
609 N. Federal Hwy.
Boynton Beach, FL 33435
Re: Consumers' Paint & Body, Inc.,
CBD Parking Lease Agreement
Dear Mr. Wallmueller:
After further review of the Parking Lease Agreement you
submitted, it appears we still have one outstanding issue.
In the letter from Ms. Heyden to you dated July 21, 1993, it
states in No.3:
" . . . regarding recordation of the agreement and making the
agreement a tri-party agreement with the City to ensure it is not
terminated without the City's approval..."
I have noted changes on the Agreement you submitted. Please
submit a corrected Tri-Party Agreement at your earliest
opportunity. Should you have any questions, please do not hesitate
to contact me.
very truly yours,
Rose Marie Lamanna
Legal Assistant
sl
Enc.
cc: Tambri Heyden, _Senior Planner
5f.meriazs (jateway to the (julfstream
..;..., ...--
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f~:{ -:- t- L---.-
-f:J of
'Boynton 13eac/i
'Planning & Zoning 'Department
100 -E. 'Boyntcn 'BtaO& 'BOuUtwd
P.o. '130:(, J 1 0
'Boynton 'BtaO&. 'floritia 33425-0310
(407) 738.;490.1:U: (407) 738.7459
July 21, 1993
Mr. Frank Wallmueller
609 N. Federal Hwy.
Boynton Beach, FL 33435
Re: Consumers' Paint & Body, Inc. - File #764
CBD Parking Lease Agreement
Dear Mr. Wallmueller:
Please be advised that on Tuesday, July 20, 1993, the Community
Redevelopment Agency approved the above-referenced request
subject to completion of the following conditions:
1. Recordation of a unity title (this previously was prOVided
to you for signing, sealing, notarizing and recording at the
Palm Beach County Courthouse. Please prOVide this
department with a copy after it has been recorded.)
2.
Posting of a sign at the parking lot entrance which states
that additional parking is available at Goodyear Easy Pay
Tire Store. (A permit showing the-location,- s-iz.e, wording,
mate~achment of the sign must be secured from
-tt1e BUilding Department prior to erecting the sign.)
3. Revision of the parking lease agreement submitted to include
the legal description of the property at 619 North Federal
Highway, two leased parking spaces rather than one and
comments from the City Attorney, Jim Cherof, regarding
recordation of the agreement and making the agreement a tri-
party agreement with the City to ensure it is not terminated
without the City's approval. Mr. Cherof will be contacting
you directly to advise you how to proceed with the revision
to the agreement. I have attached the original agreement
submitted for you to make the revisions.
,~..,~--~
: . (. ~......
. ,,'.
Page 2
Once these conditions have been satisfied, please contact me so
that an Environmental Review permit and subsequent Occupational
License can be issued.
sincerely,
L~2e~
Senior Planner
TJH/jm
Att.
A: CONSUMER. JM
rIU-farf-Y
PARKING
LEASE AGREEMENT
This indenture, made and entered into this day of
, by and between Goodyear Easy Pay Tire Store,
having a principle place of business at 619 N. Federal Hwy.
Boynton Beach, FL 33435 hereinafter called Lessor, party
of the first part, and Consumers' Paint and Body, having
a principle place of business at 609 N. Federal Hwy. Boynton
Beach, FL 33435 hereinafter called Lessee, party of the second
part See Exhibit "F" for legal description of said property.
WITNESSTH
That 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.
This is specifically for the purpose of leasing two spaces
located on this property which is surplus.
TO HAVE AND TO HOLD the same for a primary term of one
year beginning on the first day of September, 1993 and ending
on the 31st day of August, 1994 at a rental annual rate of ten
dollars ($10 00) plus applicable sales tax.
The above rent shall be payable in advance to:
Goodyear Easy Pay
619 N Federal Hwy.
Boynton Beach, FL 33435
COVENANTS AND AGREEMENTS
1 Lessor warrants that upon performance 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 shall pay all taxes, special assessments and
public charges levied against the premises, payable
during the term of this lease.
3. Lessee agrees to pay Lessor the rent as herein specified.
If the rent hereunder shall remain due and unpaid 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 therefrom.
4 Lessee agrees to use the premises solely for the purpose
of short term, six hours or less, non-commercial
vehicular parking. Lessee further agrees to maintain
said parking spaces in the same general condition as
when received; ordinary wear and tear, deterioration,
damage by the elements, or unavoidable casualty excepted.
INITIAL
5. Upon termination 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 No signs may be placed by Lessee.
8 The Lessee shall not further sublet or assign any
portion of its right under this lease.
9 It is agreed that time shall be of the essence of this
agreement and this lease shall be binding on all parties,
their heirs, personal representatives, and/or
assigns when this lease shall be signed by all parties
or their authorized agents.
10 Lessee's use of the premises shall in no way interfere
with vehicular or pedestrian ingress or egress to
and from the drive in premises of Lessor.
11 Lessee agrees that it will indemnify and hold harmless
against any expense, loss, liability, or damage that
Lessor may sustain or incur on account of a breach 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 this lease extends to the acts
and omissions of any agent, servant, employee, visitor
or licensee of Lessee.
12. Lessor and Lessee agree to carry and maintain at its
own expense insurance on their respective property and
interests in the demised premises and mutually release
each other from any claims for loses or damage which
may be covered by their respective policies.
13. Comprehensive general liability insurance with the
following minimum limits of liability;
Bodily injury $300,000.00
Property damage $100,000.00
14. All notices by either party to the other shall be made
in writing by depositing such notice in the certified
or 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 registered
mail unless otherwise provided. All notices to Lessor
shall be made to Goodyear Easy Pay, 619 N. Federal Hwy.
Boynton Beach, FL 33435, or such other address as Lessor
may from time to time designate in writing to Lessee,
and all notices to Lessee shall be made to 609 N Federal
Hwy. Boynton Beach, FL 33435. Not withstanding the fore-
going, notice to Lessee may be given by hand delivery.
INITIAL
15, This lease constitutes the entire agreement of the
parties and any changes hereto must be made in writing
and signed by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed under their seals, on the date
first written.
Signed, sealed and delivered in presence of:
Lessor:
Goodyear Easy Pay Tire Store
WITNESS:
BY:
BY:
TITLE:
Lessee:
Consumers' Paint and Body, Inc.
WITNESS:
BY:
BY:
TITLE:
Execution of the foregoing instrument was acknowledged
before me this day of , 1993 by
as on behalf of Consumers' Paint and
Body, Inc. Witness my hand and official seal at
said county and state this day of , 1993.
-
GL-~ 11 B(/'1r:1.1~ ~
By
I..{) JJj 'v'--i ~
ft\ ~ 'fcr
Notary seal:
INITIAL
CITY of
BOYNTON BEACH
- OFFICE OF THE CITY ATTORNEY
211 South Federal Highway
P. O. Box 310
Boynton Beach, Florida 3342S-Q310
(407) 738-7405
August 27, 1993
Mr. Frank Wallmueller
609 N. Federal Hwy.
Boynton Beach, FL 33435
Re: Consumers' Paint & Body, Inc.,
CBD Parking Lease Agreement
Dear Mr. Wallmueller:
Further in regard to the above matter and Tambri Heyden's
letter to you dated July 21, 1993, would you please forward an
amended Parking Lease Agreement to this office for review, which
reflects the language in paragraph 3. of the letter from Ms.
Heyden, referenced herein. (copy enclosed for your information)
Very truly yours,
,
~ )'_7' ,_ t,
(. ,.
I, _I
j f "
. ,.. (
, I
- I"~ .... --
James A. Cherof
City Attorney
JAC/ral
Enc.
cc: Tambri Heyden, Senior Planner
/W2f.
m
~.
...
r~.r'C- i
Plannill!f Cr Z,onill!f 'Departmtnt
100 'r;. 'Boynton 'Buun 'lJouf.er!ara
P.o. 'Bol( j 10
1Joynton 'J3tadi. 'fforida 33425-0310
(40i.l i3S-i490. 'f;U: (40iJ i3S.i459
July 21, 1993
Mr. Frank Wallmueller
609 N. Federal Hwy.
Boynton Beach, FL 33435
Re:
Consumers' Paint & Body, Inc. - File #764
CBD Parking Lease Agreement
Dear Mr. Wallmueller:
Please be advised that on Tuesday, July 20, 1993, the Community
Redevelopment Agency approved the above-referenced request
subject to completion of the following conditions:
1. Recordation of a unity title (this previously was provided
to you for signing, sealing, notarizing and recording at the
Palm Beach County Courthouse. please provide this
department with a copy after it has been recorded.)
2. Posting of a sign at the parking lot entrance which states
that additional parking is available at Goodyear Easy Pay
Tire store. (A permit showing the-locati..on,-siz.e.y -we-rding, ~
mat~~achment of the sign must be secured from
-.the BUilding Department prior to erecting the sign.)
Revision of the parking lease agreement submitted to include
the legal description of the property at 619 North Federal
Highway, two leased parking spaces rather than one and
comments from the City Attorney, Jim Cherof, regarding
recordation of the agreement and making the agreement a tri-
party agreement with the City to ensure it is not terminated
without the City's approval. Mr. Cherof will be contacting
you directly to advise you how to proceed with the revision
to the agreement. I have attached the original agreement
submitted for you to make the revisions.
'1"rtL~r:'~-..: '4:-:::L'-::~'~::.' ~,-" ~hl' ';!Lti:..t:...t~:'r~
page 2
Once these conditions have been satisfied, please contact me so
that an Environmental Review permit and subsequent Occupational
License can be issued.
Sincerely,
L~~~
Senior Planner
TJH/jm
Att.
A:CONSUMER.JM
,. 'Ifie City of
'Boynton tJ3eacn
p~T~
Planning & Zoning 'Department
100 'E. 'Boynton 'Beadi 'Bouler/art!
P. O. '.Bo;c 310
'Boynton 'BeQ(./i, :rf.oriti.a. 33425-0310
(40i) 738-("490, :rXX: (40i) i38-i459
July 21, 1993
Mr. Frank Wallmueller
609 N. Federal Hwy.
Boynton Beach, FL 33435
Re:
Consumers' Paint & Body, Inc. - File #764
CBD Parking Lease Agreement
Dear Mr. Wallmueller:
Please be advised that on Tuesday, July 20, 1993, the Community
Redevelopment Agency approved the above-referenced request
subject to completion of the following conditions:
1. Recordation of a unity title (this previously was provided
to you for signing, sealing, notarizing and recording at the
Palm Beach County Courthouse. Please provide this
department with a copy after it has been recorded.)
2. Posting of a sign at the parking lot entrance which states
that additional parking is available at Goodyear Easy Pay
Tire store. (A permit showing the location, size, wording,
material, and attachment of the sign must be secured from
the Building Department prior to erecting the sign.)
3. Revision of the parking lease agreement submitted to include
the legal description of the property at 619 North Federal
Highway, two leased parking spaces rather than one and
comments from the City Attorney, Jim Cherof, regarding
recordation of the agreement and making the agreement a tri-
party agreement with the City to ensure it is not terminated
without the City's approval. Mr. Cherof will be contacting
you directly to advise you how to proceed with the revision
to the agreement. I have attached the original agreement
submitted for you to make the revisions.
.'imerica S LlLltCZl.'au to the clu[(strcam
- - --
Page 2
Once these conditions have been satisfied, please contact me so
that an Environmental Review permit and subsequent Occupational
License can be issued.
Sincerely,
L~~:z~~
Senior Planner
TJH/jm
Att.
A: CONSUMER. JM