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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 ..;..., ...-- ...,..- 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