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REVIEW COMMENTS M E M 0 RAN DUM TO: Tambri Heyden planning Director DATE: July 6, 1994 FROM: Sue Kruse, CMC City Clerk RE: TRI-PARTY PARKING LEASE AGREEMENT Attached please find a recorded copy of the above mentioned agreement as you requested. ~~ Attachment .~ ~ nlJ\~ ~ JJl - 6S9A l~ Q.A1V- J UN-2S' .-, i ,.,. 1 .i. r-.. L; ., ...... .- -... 7'1 7. "tQffi 7- " - .- _,' L. ,"''' ~--;. .. ""'-- ..... . -- "--~ ~ uRB 8324 P9 16Lf:Li 1111.1111111 t 111111 Iii TRI-PARTY PARKING LEASE AGREEMENT This indenture, made and entered into this 25th day of May, 1994 by and between Goodyear Easy Pay Tire Store, having a principle place of business at 619 North Federal Hwy., Boynton Beach, FL 33435 herinafter called Lessor, Party of the first part, and consumers' Paint and Body, Inc., having a principle place of business at 609 North Federal Hwy., Boynton Beach, FL 33435 hereinafter called Lessee, party of the second part, and the City of Boynton Beach, party of the third part. See Exhibit "A" for legal description of the Lessee. WITNESSETH 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 (see Exhibit "B" for legal description). This is specifically for the purpose of leasing two spaces located on this property which is surplus. TO HAVE AND TO HOLD the same until " termination by mutual agreement of the parties or termination of Inltl the Consumers' Paint and Body, inc. operation at the above address, & whichever comes first. The rental, annual rate of ten dollars j~ ($10.00), plus applicable sales tax, shall be due on the last day ( of October. The above rent shall be payable in advance to: " V'J/ Goodyear Easy Pay / .( 1. 0L 619 North Federal Highway v' / /7 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. G-t-t ~ 130~~~' .pOW~lO ~~I~' 33'-td-S ORB -8324 Ps 16Lt5 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 ~n by hand delivery. ~ ,,/ ' OF;8 83:"':'.1., p~ 1 L L. 6 - t -::l \.JI .i" 15. This lease constitutes the entire agreement to 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. ~ led and delivered in presence of: _~,\)V~ --= - I ness _ /' . . iN:'!)) h (u .tWj{ lUlL CITY O. .fA3~Y~NTO BEACH~ FLORIDA Witness !J Jt I}lCi{" I-f- l:z fl1.el !1/?(\.... -;>- --;: _ /~ ,';> , '. ~ ~ BY: >cM;:~ iM"k~U? Witness ~ Itness Lessor: Goodyear-Easy Pay Tire Store ..' ! BY: 4l'~t/ 114~o/t ( - President -j.!t!2? Attest: J~~~~~'" STATE OF FLORIDA COUNTY OF PALM BEACH I hereb~ certify that on this day I before me personally appearedOJ ~~j~ , as President of Goodyear Easy Pay Tire Store, who acknowledged to me that he duly executed the foregoing' t. ~ .--W~tNESS.. my hand and official seal in the Co y an Stat last aforesaid this :~,daYOf:"...~~ ,1994. ~~ My Commission Expires: ~/;9/fY:; ORB 832.li Ps 16/t 7 STATE OF FLORIDA COUNTY OF PALM BEACH ,4 ) hereby ce~at on this day, before me personally appeared fr /'k::!./ ",..kl.A7Ve'..- ~as President of Consumers' Paint and Body, Inc., who acknowledged to me that he duly executed the foregoin' ment. ~ WITNESS my hand and official seal in the nty and State last aforesaid this ~ / ; day of, '7 ,1994. / My Commission Expires: ' ~II;; tA; Y STATE OF FLORIDA COUNTY OF PALM BEACH I hereby certify that on this day, before me personally appeared E. F. ffl1Jt,~ ' as Mayor of the City of Boynton Beach, Florida and who acknowledged to n4e that he duly executed the foregoing instrument. WITNESS my hand and official seal in the County and State last aforesaid this ~dayof r ,1994. ' My Commission Expires: ~ tit.lJ:l.ctt Notary Public ,:~'r~";f::;:., SHANNON BURKETT ~.;- f~~ 'i;~ I{(( COMMISSION 1/ CC 1~33 EXPIRES ;~;'~&'~l AprlI17,1996 <</'(9:-; ,'f;~,,:-.. 'BONDED THIIU -mav FAIN INSURANCf. INC. nDO vr\LJ 8324 Ps 16Lj e.. EXHIBIT "A" LEGAL DESCRIPTION Parcell: Lot 8 and the North Ten (10') feet of Lot 9, Bl8ck 1, ROBERT ADDITION TOWN OF B0YNTON BEACH, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, page 51, less the east ~5 feet thereof for road right-off-way, together with all right, title and interest of Grantor in and to abandoned alley way lying west of the above described parcel. Parcel 2: The North 40.12 feet of Lot 7, together with the South 9.87 feet of the East 50.25 feet of Lot 7, together with the North 0.13 feet of the East 50.25 feet of Lot 10, all in Block 2, ROBERT ADDITION TO TOWN OF BOYNTON BEACH, Boynton Beach, Palm Beach County, Florida, recorded in Plat Book 1, page 51. EXHIBIT "B" rRp. n -Z -;.L- 0,., l.i. I C-' iJ ,.... \..J ......J ..:... . ,:; 0.- E DOROTHY H WILKEN '"'11 ~i. .....,... TilE r.....,I~'T' 00 ~.""\j:..~~~~ .L'...... t.i....t:~r\ Vi"" t1 wUVtt:: 1 - ; L..~ LV.jP~ 1 y ~ r- LEGAL DESCRIPTION Lots I, 4 and 5 (less East 35 feet) Block 1 and Lots 2, 3 and 6 Block 2 and th~ abandoned right-of-way lying between said Lots I, 4 and 5 Block 1 and Lots 2, 3 and 6 Bleck 2, wlthi~ the ROBERT ADDITION subdivision Boynton Beach, Palm Beach County, Florida, according to the Plat Eook I, page 51 of the public records of Palm Beach County, Florida. PLN~NING AND ZONING DEPARTMENT MEMORANDUM FROM: Jim Cherof city Attorney Tambri J. Heyden --?1}JJ Senior Planner f )IU TO: DATE: August 23, 1993 RE: Consumers' Paint & Body, Inc. - File #764 Legal review of CBD Parking Lease Agreement and Concurrency Review Board Clarification Please be advised that Mr. Frank Wa11mue1ler has called me again regarding the above-referenced agreement. I am providing it to you again (see attached) as well as my comments relative to the agreement (see attached letter dated July 1, 1993). The Community Redevelopment Agency approved this agreement on July 20, 1993 subject to three conditions (see attached approval letter dated July 21, 1993). Conditions 1 and 2 have been addressed. Condition 3 requires -your review of the agreement and during our July 21, 1993 phone conversation, you stated that you would contact Mr. Wa11mue11er directly with your comments. I conveyed this to Mr. Wa11mue11er in this approval letter. Mr. Wa11mue11er has been cited for operating without an occupational license, but cannot get a County or City license until this matter is resolved. He is eagerly awaiting your call. Lastly, as discussed with you after Monday night's Board of Adjustment meeting, please provide direction regarding the procedure for processing time extensions to concurrency exemptions, Section 19-92 and 19-90, Chapter 19, Article VI of the Code of Ordinances. A request has been received and is scheduled for the August 31, 1993 Concurrency Review Board meeting if review by this board is necessary. TJH/jm Atts. cc: Christopher cutro Audrey Ho11ien A:WALLMULR.JM --> PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-179 FROM: J. Scott Miller city Manager ~.~ t.P Christopher cutro Planning and Zoning Director TO: DATE: July 15, 1993 RE: Consumer Paint and Body Parking Lot Lease The City Commission, in December of 1992, approved a request for a license for a paint and auto body shop at 609 North Federal Highway. (ABCD Auto Center) The owner of the new operation known as Consumer Paint and Body applied for an environmental review and during that review it was discovered that even with various reductions allowed by the CBD zoning district, there was a shortage of parking for this use. Due to the fact that additional land was not available, the owners have arranged a lease with Goodyear Easy Pay Tire to the north of their site. The Community Redevelopment Advisory Board reviewed this request at its meeting of July 12, 1993 and found it to be acceptable and forwarded it to the City Commission with a recommendation for approval. This item has been scheduled for City Commission review and final determination on July 20, 1993. CC/jm Att. A: CONPAINT.JM PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 93-163 THRU: chairman and Members Community Redevelopment Advisory Board 0l.A=~::> ~ chrrs~pher cutro Planning and Zoning Director TO: FROM: Tambri J. Heyden Senior Planner DATE: July 7, 1993 SUBJECT: Consumers I Paint and Body - formerly ABCD Auto Center CBD Parking Lease Agreement - File No. 764 Section 6. E. 4. c. 3 "Central Business District II of Appendix A - Zoning of the code of Ordinances contains the following provision for shared parking: (3) 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 Board. with respect to the above, Frank Wa1lmueller, property owner of Consumers' Paint and Body, is requesting approval of a parking lease agreement in connection with a request for an environmental review permit to operate a paint and body shop at 609 N. Federal Highway (former address was 517 B N.E. 5th Avenue and formerly ABCD Auto Center). Paint and body shops are not a permitted use in the Central Business District (CBD), however based on the fact that the former ABCD Auto Center was known to include paint and body work for which an occupational license could not be found, on December 1, 1992, the City Commission made a determination to grandfather the nonconforming use for the subject paint and body shop. During staff's review of the applicant I s environmental review application, it was discovered that some time between 1977 and 1988 the subject property was illegally subdivided off from the property at 517 A N.E. 5th Avenue; owned by Gilbert steinman and currently leased by Precision Tune (formerly occupied by Aamco Transmissions). Despite the subdivision, the property to the south (517 A N.E. 5th Avenue) appears to still meet the Zoning Code, however the subdivision created a nonconforming lot at the subject property; 609 N. Federal Highway. This lot does not meet the minimum lot frontage and minimum lot size required by the zoning Code and the landscaping and freestanding sign also do not meet code. In addition, the location of the common property line established between the two lots renders the subject lot nonconforming with respect to the required number of parking spaces; other nonconformities may exist, since the items noted were 1imi ted to planning and zoning related issues discovered during the planning and Zoning Department I s review of the environmental review application. Rather than the seven parking stalls existing, nine parking stalls are required since a cross parking agreement for a shared parking facility with common access drives has not been established between the applicant and Mr. Steinman, which would have allowed an additional 10% reduction in number of required parking spaces, above and beyond the 35% reduction allowed for uses located within the CBD, pursuant to Section 6.E.4.b.(2). In March, the applicant was informed of the parking deficit and his alternatives. Based on the size constraints of the lot and the applicant's inabilty to contact Mr. Steinman, property owner to the south, the applicant has submitted the attached parking lease agreement in Exhibit "A". This agreement proposes to lease some of the surplus parking spaces of the Goodyear Easy Pay Tire store, the business to the north at 619 N. Federal Highway. A site plan of the existing parking facility serving Consumers' Paint and Body is attached as Exhibit "B" and a site plan of the parking facility at 619 N. Federal Highway is attached as Exhibit "C". TO: community Redevelopment Advisory Board -2- July 7, 1993 On Tuesday, June 29, 1993, the Technical Review Board met to review the site plan of the parking facility at 619 N. Federal Highway where the parking spaces will be leased, at which time they recommended approval of the parking lease arrangement, subject to the city Attorney's legal sufficiency review of the parking lease agreement and to a sign being posted at the parking lot entrance to consumers' Paint and Body, informing patrons of the additional parking at Goodyear Easy Pay Tire store. The basis for this recommendation included the following findings and conclusions: 1. In accordance with Section 6.E.4.c.(2) of Appendix A, Zoning of the Code of Ordinances, the parking spaces proposed to be leased are within 800 feet of the building to be served as measured along a pedestrian walkway (N. Federal Highway). 2. The number of parking spaces required for Goodyear Easy Pay Tire Store is 26 (7,624 square feet gross floor area at the rate of 1 parking space for every 200 square feet of gross floor area for tire sales and service is 39 parking spaces reduced by 35% is 26) and 29 parking spaces exist leaving a surplus of three parking spaces available for leasing of the two parking spaces needed by Consumers' Paint and Body. 3. The parking facility at Goodyear Easy Pay Tire Store is maintained in good condition and substantially meets code. With respect to the City Attorney's review of the parking lease agreement, comments have not yet been received, however these comments are recommended as conditions of approval as well as the sign discussed above and will be relayed to the Board at the July 12, 1993 meeting. Exhibit "0" contains the Planning and Zoning Department I s comments on the parking lease agreement that were forwarded to the City Attorney for consideration. 1:- "2 1 / -dt2.yVL, &~ ,e~L1 t;[~F'-./ Tambri J. Hyden tJ tjh A:ConPBCRA xc: central File EXHIBIT "A" PARKING LEASE AGREEMENT This indenture, made and entered,! into this ~- day of ~ OV\-.2 : 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 Boyhton Beach, FL 33435~h~reinafter called Lessee, party of the second part. WITNESSTH That for and in consideration of the rents and covenants;, herein contained, Lessor hereby leases unto Lessee, the following described prenises in the city of Boynton Beach, County of Palm Beach. This is specifically for the purpose of leasing one space loca ted 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 June 1993 and ending on the 31st day of May 1994 at a rental annual rate of ten dol1ars($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 a~l taxes, special assessments and public charges levied against the premises, payable during the term of this 1ease~ ' 3. Les~~e ~grees 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 propertyi therefrom. 4. Lessee agrees to use the premises solely for the purpose of short ~~rm, six hours or less, non-commercial vehicular parking, Lessee.turthe~ &gr,&s to MaintAin said parking spaces in the same general condition as w~en'receive~; ordinary wear and tear, deterioration damage by the elements, or unavoidable casualty excepfed. --- 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 howeve~ 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 e~sence of this agreement and this lease shall be binding on both parties, their hiers, personal representatives, and/or assigns when this lease shall be signed by both parties cr their authorized agents. 10. Lesseels 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 ana Dairitain a~ its own expense 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. 13. Comprehensive general liability insurance with the following minimum limits of liability; Bodily injury Pcoperty damage $300,000.00 $100,000.00 14. All notices by either party to the other shall be made in writin~ 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 register mail unless otlherwise: provided._ ,AliL notiees 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. ~. ( IS This lease constitutes the entire agreement, of the parties and any changes hereto must be made be made in writing and signed by both 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: Pay Tire Store WITNESS: BY: TITLE: LESSEE: ~ \)r"~<;, ~~~... UQJ-~~ - -' 0L1 ;cL--1-- Execution of the foregoing~trument was acknowledged before ~~ Ithis ""8 . jl~y of .~7,~ , 1993 by as fr/hl~tJtrl1ml./~fl'I.fJ.r.ehalf of Consumers I Paint ~nd B9Jiy.l' /' Inc. Witness my hand and official seal at ~~~c.(~, said county and state this 8 day o9~ 19 sj Notary seal: 0n-> tv. t;: J/:J<'o --- EXHIBIT "B" rE C- ;e, 12. -- ------ :"-- ,//' ,/ /,/ '" . J ./ . ,/,I-VII'-! , <, ~ : .:: '" j i.. "'"; ~' _" . _ .L_.~':" _..-l-.-- 2:.c~.._' . .0' I _.l._ _ _.::.::...--.:-. 1_._ 10 1 .'-'" -'--'","~- .- . ; \ ,SG. (. i::'_C~~' ----- _.--------~\\\ \ :5 )i/S -:-il)~ . -- .\ ( ) J ~. ; co,.: ,. _' ? ;';_ ,,," . / i ,,::. . r /:J- I, ~,q N. f-i-'t",</ Re c;?; Ct1 fL.q1..... \' ~\ \ /'5/{J't.tcen'r c.,,, ~ /' I'" l"d ' y I , '" Iv /'. :~..~ Aw.n '^"'-- L ~ rt'; ""rta., "\ e?OO 'f::.r' ./ / >>,"<<0 37.,' - ,. \ . ' ~!! __ --'-.".1 \. ~:~':L =-~, , I I I I . I i \. \ P,.",.::' I \ t; ~bl: Dept. -- , B' \ I Of \ _, 0 I . I .' , ' 0....' I t. 1'.'.' -r. ",.u I " ohce C~pt. . .. I ,. \ q " .. ./ " ' - .)~.--/.... '\ Rec. Dir. ./ rrvE.O ~. i . , '-'I'f'.A~~.~ ._~~.S;~_ , , . ", ,-r~ I ~ ' ' .' .,~) ",,,,pO" r.-" " 'I. 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"M'-. . __ ":_ ._~ "._.'0"' 'r:" ~ - ~.: .ii>~:-; ---~-----_.. ----~-----------_. ._--- EXHIBIT "C" IrE.C'. ~.~. r- -1 t-... t-,. -.,::~~...~--t:'..~~..~~::t:~-.-.::..:t:=:;....._, ...1----.-~.__:+~::i:::7i~~~~~.~ :::.:;:::;.:::. oj o iii T__' ,-,':: r.:.:..:~~---"n..,~'''':'''''''''l.;;:,.L'-'- ....."""::.c:.wr~.:: ,r- ___~_k -.._................lC ."''?'....-o,.-...-.....~. z...' lIAjllffICOVCP "'",.,. <' \ , \ \ , ~ l!) .:::> "2. \!i i w tit ~ & 11\ ~ Il\ ~ 11\ ~ ~ cl '4 ct ~ >II & \:l \::) ~ 'i ~ oq;, ~ 'l) aU Q ~ ...... r!':) .Q- \~ ~ () ~:Q--- --'- rD -----------.,- -' ~._-------- ------~ --------..- -_....---- ----------- - '<t. EXHIBIT "D" MEMORANDUM TO: Jim Cherof, city Attorney THROUGH: Christopher Cutro, Planning and Zoning Director FROM: Tambri J. Heyden, Senior Planner DATE: July 1, 1993 SUBJECT: Consumers' Paint and Body - File '764 Review of CBD Parking Lease Agreement Attached you will find a parking lease agreement that has been submi tted for the above-referenced business located at 609 N. Federal Highway in the Central Business District (CBO). Due to the shortage of two, required parking spaces to serve the referenced paint and body shop, the property owner has entered into the attached agreement with the adjacent property owner to the north (owner of Goodyear Easy Pay Tire Store) to lease two parking spaces, pursuant to Appendix A - Zoning of the Code of ordinances, Section 6.E.4.c.(2) and (3). On Tuesday, June 29, 1993, the Technical Review Board reviewed the lease proposal, with the exception of the agreement itself, and recommends approval, subject to the property owner of Consumers' Paint and Body posting a sign directing his customers to the additional, off-site, leased parking. This item is scheduled for review by the Community Redevelopment Advisory Board (CRAB) on July 12, 1993 and the Community Redevelopment Agency (eRA) all July 20, 1993. Please transmit to me, by noon July 7, 1993, your comments relative to the attached agreement, as the CRAB agenda package, containing staff's recommendation, will be distributed to board members on July 8, 1993. I've provided my comments below for your consideration and possible inclusion within your comments. 1. The legal description of the property at 619 N. Federal Highway is missing from paragraph two and must be inserted. 2. The first sentence of paragraph three should be substituted with language continued from paragraph two, such as - "for the purpose of leasing to the Lessee the Lessor's two surplus parking spaces located on said premises in order to provide the parking needed by Lessee of two parking spaces to meet the the City of Boynton Beach Zoning Code parking requirements." 3. Does the word "Non-commercial" stated in item #4 preclude parking by the lessee's customers? 4. Does this agreement need to be recorded so that it encumbers the 1essorls and lessee's properties arid runs with the land until such time as additional or alternate parking is provided by the lessee or the use of lessee I s property changes as approved by the City? 5. For the reason stated in comment #4 above, should an addendum be added to item #5 or a new item be added which states that the lease shall not be terminated without notification to and approval by the City, since termination of the lease would render the paint and body shop nonconforming with respect to parking? ;- n ~k~(] ~j Tambri J. ~Yde~ tjh A:ConPBLea Attachments xc: Central File