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
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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.
~
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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.
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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"
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DOROTHY H WILKEN
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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:
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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
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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
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Tambri J. ~Yde~
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A:ConPBLea
Attachments
xc: Central File