REVIEW COMMENTS
I I
I
MEMORANDUM
TO: Sue Kruse, city clerk
FROM: Tambri J. Heyden, Assistant Planner
DATE: November 14, 1990
SUBJ: Pep's Sea Grill - File No. 513
Access agreement
I have been instructed by the city Attorney to transmit the
attached documents to you regarding verification of access which
was required for approval of the above-referenced project.
These documents need to be retained for public record, with the
parking lot variance application and materials that were
submitted to you July 2, 1990, since the city Attorney is not
requiring that they be recorded.
~~e~
tjh
Attachments
A:PepClerk
xc: Chronological File
LEASE AGREEMENT
THIS LEASE, made and entered into this 1st day of NOVEMBER, 1989,
by and between:
PAUL H. ROSEN and PHYLLIS ROSEN, his wife, GILBERT
ZALDIVAR and MARY ZALDIVAR, his wife, whose address
is: 765 Curtiss Parkway, Miami, Springs, Florida, 33166
hereinafter referred to as "LESSORS";
- and -
FRANK CHIVAS, a married man, whose address is: 2005
South Federal Highway, Boynton Beach, Florida 33435,
hereinafter referred to as "LESSEE".
1. PR EM I S E S :
LESSORS hereby lease to LESSEE and LESSEE leases from LESSORS on
the t e r m san d con d i t ion sse t for t h, tho s e c e r t a i n p r em i s e s I 0 cat e din
Boynton Beach, Florida and legally described as:
The west 31 feet of Lot 1 and all of Lot
2, HAPPY LANE, as recorded in Plat Book
21, Page 33, of the Public Records of
Palm Beach County, Florida,
said property is a paved parking lot, together with the right to use
all means of ingress and egress insofar as LESSORS have the power or
I ice n set 0 the use the reo f . Sa i d pro per t y i s not the Home s tea d 0 f
LESSORS.
2. TERM:
The term of this LEASE shall be for one (1) year corrmencing on
November 1, 1989 and continuing until October 31, 1990, unless sooner
terminated as hereinafter provided.
3. RENT:
LESSEE shall pay to PAUL H. ROSEN, as Agent for LESSORS, Rent for
the demised premises in the amount of SIX THOUSAND, FIVE HUNDRED
($6,500.00) DOLLARS for the term of this LEASE, plus all applicable
Sales Tax, payable as noted below, ~nd such Rental shall be payable at
the address of the LESSORS as set forth in this LEASE, or at such
other place to which LESSORS shall have given written notice to LESSEE.
All Rent shall be payable without demand.
4. PAYMENT OF RENT:
The Rent for the demised premises shall be payable as follows:
(a) $1,000.00 - on 'November 1, 1989, plus applicable Sales Tax.
(b) $3,000.00 - on February 1, 1990, plus applicable Sales Tax.
(c) $2,500.00 - on April 15, 1990, plus applicable Sales Tax.
Al I Rent shall be in U.S. dollars. A 10% late charge will be
charged for rent paid after 10 days from the due day.
5. ADDITIONAL RENT:
LESSEE shall pay all real property taxes which may be levied or
assessed by any lawful authority against the land and improvements of \
the demised premises or against LESSORS in respect to the land and im-
provements of the demised premises for any extensions of this LEASE.
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The p~r.tie. aftr.. that LP.SSeRS shal J pay al I property taxes for
the initial one (1) year term of this lEASE.
6. TAXES ON OR IN R~SPECT OF REN~r
In the ey'ent of the .nactm@nt. adopt ion or enforcement by any
~Qv~rnmental authority (including the United States. any state and any
political or governmental subdivision) of any assessment, levy or tax,
whether sales, use or otherwise, on or in respect of the right to
leAse, use or occupy the demised premises. LESSEE shall pay such
assessment, levy or tax directly to the governmental authorIty. All
such pll:rm~ntlS shall b. deemed additional rent under this LEASe and are
Lu be paid 01 due. '
7. ~INTEN^NCe ^ND REPAIRSI
~E55Ee shall, ~t his soie expense,
premls~s In good condition, 8S needed.
lain shHII be non-delc&oblc. .
maintain and repair the demised
ThIs duty to repair and main-
It Is the express intent of the parties to this LEASE. that lE.SSOOS
Shall have no obllRation nor liability 10 repaIr or maintain any of the
demised pre~lses but that LESSEE ShAll have the sole and complete obli-
~atlon and liability to repair And maintain said pr.ml....
&. uTILITIES ANt) SERVICES:
LESSEE....sha.11 pay in full, as due, all costs and expense of water,
sewer, fuel, gas, oil, heat, power, materia13 and serviccs which may be
furnished to him or usee! by him In or about the demised prerni$es.
LESSEE further agrees to continuously keep the demised premises free
and clear of any lien or encumbrance of any kind ..soelated with items
noled here-in.
TAXES ASSESSMENT5 AND THE LIKe:
lESSEE "'51ia I I pay, as aOdhlonal rent, the follow1nl'
( a ) A I I t a x e 5, 5 P e cia 1 and g e n era I a 5 :5 e II 3mc n t sot t t 1 but. b h t 0
the demised premises inc-Iuding lanG, water rents, fee.s ond charge.,
sewer rents, fees and charges, road and sidewalk o,seume",.ts, and ai I
other lovernmental impositions and charges of every kind And nature
whatsoever, whether ordInary or extraordinary, and each and every in-
stallment thereat which shall-'or may be charged, levied, laid, assessed,
Imposed upon or for or with respect to the demised premise3 or any port
'th~reof, together with all interest and penalties thereon.
9.
(b) LESSEE shall have complied with the co~enantl 01 sub.section
lI(a)" if payment of such taxes, assessments, charges, fees, rents, im-
position", interest and penalties shall have been made either within
the period allowed by law or by the governmental authority imposing the
same or before the same shall become a lien or ~nc~mbrance upon the de-
mised premises. or i1 LESSEE is ,contesting such tax, etc., LESSEE shall
escrow the amount of such tax, etc. with LESSORS.
LESSEE shall have the right to contest such tax, etc., in any
legal manner so long as LESSEE shall do so diligently and preomptly, at
his own expense and free of any expense or cost to LESSORS. Notwith.
standing such right, LESSEE: shall irrrnediately pay all such tax, etc.,
if at any time the demised premises, or any part thereof, shall become
I iable for forfei ture or if LESSCRS shall be ,ubject to any criminal
,J Ii.Mblllty or proc:e~dinl. .
,a .,....
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10. INSURANCE:
LESSEE shall, at all times during the term of this LEASE, at his
own expense and cost, obtain, maintain continuously and keep in force,
comprehensive public general liability insurance against claims for
per son a I i n j u r y, d eat h and pro per t y d a ma g e 0 c cur i n g 0 nor a b 0 u t the
demised premises or on an occurrence basis with aggregate single limit
coverage in an amount not less than ONE MILLION ($1,000,000,00) DOLLARS.
Said policy of insurance shall include LESSORS as additional named in-
sur e d s, and a cop y 0 f the pol icy s h a I I be pro v ide d t 0 L E S SOR S wit h i n
fifteen (15) days of the date of this LEASE.
1 1 . I N D EMN I FICA T ION:
LESSEE shall keep, protect and save LESSORS harmless of any loss,
claim, cost and expense of any sort or nature, and from any liability
to any person or entity, on account of any damage to person, entity or
property arising out of any failure of LESSEE to comply with the pro-
visions of this LEASE. LESSEE further agrees to hold harmless, indem-
nify and, at his sole cost, defend LESSORS against any and all claims
made by anyone, whether for injury, death or property damage, occasioned
by LESSEE'S act or omission or the act or omission of any employee,
agent or other person acting for or on behalf of LESSEE.
12. NET RENT:
Except as otherwise noted herein, it is the intention of LESSORS
and LESSEE that the Rent herein specified shall be absolutely net to
LESSORS so that regardless of the existence or occurrence of any event,
c ire um s tan c e, s tat e 0 f f act s, om i s s ion 0 rea sua I t y, t his LEA S E s h a I I
yield, net to LESSORS, no less than the minimum annual Rent specified.
Except as otherwise noted herein, every item of expense of every
kind and nature, which may be charged or imposed upon LESSORS and
LESSEE for which LESSORS or LESSEE shall or may become liable by rea-
son 0 f the ire s tat e 0 r i n t ere s tin the d em i sed p rem i s e san d imp r 0 v e-
ments thereon or this LEASE shall be paid and performed by LESSEE and
LESSORS are hereby indemnified and held harmless against any such ex-
pense, charge and imposition.
13. ASSIGNMENT AND SUBLETTING:
This LEASE shall not be assignable nor shall LESSEE sublet all or
any portion of the demised premises.
14. COMPLIANCE WITH LAWS:
LESSEE shall promptly comply with all applicable laws, ordinances
and regulations of any lawful authority pertaining to the use and occu-
pancy of the demised premises.
15. BANKRUPTCY:
Should LESSEE make an assignment for the benefit of creditors,
file for voluntary bankruptcy or be adjudicated bankrupt, such action
shaJ 1 constitute a material breach of this LEASE for which LESSORS may,
at their option, terminate all rights and interest of LESSEE under this
LEASE.
16. ATTORNEY'S FEES AND COSTS:
If suit is brought to enforce any covenant in this LEASE or option
for breach of any covenant contained in this LEASE and option, the
parties hereto agree that the losing party shall be responsible for
payment of all reasonable attorney's fees of the prevailing party and
al I costs involved in said action.
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17. FLORIDA LAW:
All provisions in and rights arising from this LEASE shall be con-
strued in accordance with the laws of the State of Florida.
18. COMPLETE AGREEMENT:
This LEASE is the complete agreement of the parties and there are
no promises, representations or inducements between the parties except
as are herein provided.
19. GOOD FAITH:
A I I d uti e san d 0 b 1 i gat ion sun de r t his Lea s e, and a I I a t temp t s to
enforce rights under this LEASE, shall be governed by reasonable com-
mercial standards of good faith.
20. OPTION TO PURCHASE:
As part of the consideration for this LEASE, LESSORS hereby grant
to LESSEE the exclusive right, during the term of this LEASE, to pur-
chase the demised property for the full purchase price of SIXTY-FIVE
THOUSAND ($65,000.00) DOLLARS. (No part of the Rent noted in this
LEA S E s h a I I a p ply tot h e pur c has e p r ice). Sa i d 0 P t ion ma y bee x e r cis e d
at any time during the LEASE term by LESSEE notifying LESSORS, in wri-
ting, at least thirty (30) days prior to the date of closing, that
LESSEE elects to exercise such option. Upon such notification, the
par tie s s h all, i nth e u t mo s t goo d f a i t h and u sin g due d i I i g e n c e, a t -
tempt to close such sale thirty (30) days from notification date.
I nth e eve n t t hat s aid 0 p t ion i sex e r cis ed, a I Ire n t a I pay me n t s
due hereunder, for the full term of the LEASE, shall be paid to LESSORS
at time of closing.
LESSEE shall pay all purchase funds in cash or certified funds and
shall be responsible for obtaining his own financing, if any. LESSORS
s h a 1 I be r e qui red tot ran s fer tit I e by wa r ran t y de ed, f r e e and c 1 ear
of any encumbrances save this LEASE. LESSEE shall be responsible for,
if he so desires and at his own expense, evidence of title and/or title
insurance in the amount of the purchase price, insuring LESSEE'S title
tot he pro per t y f r e e 0 f a I I lie n san den c urn bra n c e s, s a vet his LEA S E
and those discharged by LESSORS at or before closing.
Closing shall be held at the office of LESSORS' attorneys:
ROSEN, ROSEN, KREILING & BORNSTEIN, P.A.
Parkway Professional Building
6151 Miramar Parkway (Suite 101)
Miramar, Broward County, Florida 33023
The parties acknowledge that PAUL ROSEN is a Licensed Florida Real
Estate Broker; however, he is not receiving any commission with respect
to this transaction.
The parties represent that there are no real estate brokers in-
volved in this transaction, and they agree to hold each other harmless
and indemnify the other party relative to any claims by a real estate
broker.
LESSEE agrees that in the event he purchases the subject property,
he agrees to maintain that certain private road, also known as S.E.
20th Avenue , whic~ road lies between South Federal Highway
and the lot line of Lot 2.
'\
/ The parties agree that neither this LEASE AGREEMENT nor any notice
I thereof shall be recorded in the public records.
~
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Any disputes regarding other terms of closing shall be controlled
by the Standards for Real Estate Transactions adopted by the Florida
Bar.
IN WITNESS WHEREOF, the parties hereto, have hereunto set their
hands and seals, the Day and Year first written above.
Signed, sealed and delivered
in the presence of:
1 )
2)
~R~
FRANK CHIVAS
(As to "LESSEE")
"LESSEE"
2 )
PAUL H.
~. J~J!X
1) ~c<..\...\...;,-,-.../'-,' ;
'-...
JJuk.
(As to "AGENT FOR LESSORS")
"AS AGENT FOR LESSORS"
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Pt
12/12/89
Dear Frank:
I understand that you are negotiating with the local
authorities to install a hedge instead of a block wall on the
property. If they approve of your plan, so do I.
Any and all costs to do same shall be paid by Frank Chivas,
Leasee.
/J ,~./
./fiIJ 18i--e~0
Paul Rosen,
Owner of Hatteras Apts.
12/12/89
Dear Frank:
This letter refers to that Lease agreement dated 11/01/89
between Paul Rosen, Phyllis Rosen, Gilbert Zaldivar and Mary
Zaldivar, as lessors, and Frank Chivas, as lessee.
As agent for lessors, you are advised:
1. That you may assign the lease to a corporation in which
you are the principal stockholder and such assignment
shall not be deemed a default. However, this will not
relieve you of the obligations you have personally
assumed under the lease.
2. The insurance provisions of section 10 shall not be
effective until you open the restaurant, you are
renovating adjacent property, until you otherwise make
use of the leased property, or, if any improvements are
made to property said company doing improvement should
have liability insurance of one million dollars.
3. By way of clarification, section 20 requires only that
you maintain that portion of S.E. 20th Ave that abuts the
leased property.
You may rely upon the foregoing representations in making your
future plans.
~~/~~
Paul Rosen,
As agent for Lessors
fl
,
Ex~ension of Lease Agreement
This instrument is an extension of that certain lease
between Paul H. Rosen and Phyllis Rosen, his wife, Gilbert
Za ldi var and Mary Za ldi var, his wife, as LESSORS; and, Frank
Chivas, as LESSEE; said original lease being dated November 1,
1989, and pertaining to those certain premises located in
Boynton Beach, Florida legally described as:
The west 31 feet of Lot 1 and all of Lot 2,
HAPPY LANE, as recorded in Plat Book 21,
Page 33, of the Public Records of Palm Beach
County, Florida.
Said lease shall be extended for a period of one year
from November 1, 1990, through October 31, 1991, on the same
condi~ions and terms (including option to purchase) except that
the payment of rent shall also be extended as follows:
The rent for the demised premises shall be payable as
follows:
a. $1,000.00 on November 1, 1990, plus applicable
sales tax.
b. $3,000.00 - on February 1, 1991, plus applicable
sales tax.
c. $2,500.00 - on April 15, 1991, plus applicable sales
tax.
All rent shall be in u.s. dollars. A 10% late charge
will be charged for rent paid 10 days from date due.
ADDITIONAL RENT: Lessee shall pay all real property
taxes which may be levied or assessed by any ,lawful aU,thority
against the land and improvements of the demls,ed premlses or
against the Lessor in respect to t:he land and lmprovements of
the demised premises.
(This extension of rent provision shall not be construed
nor is it intended to al ter the Payment of Rent provisions of
the original lease.)
In all other respects, the parties ratify and affirm the
original lease.
EXECUTED by the parties hereto on the dates noted.
witnesses:
Parties:
Frank Chivas - Lessee
Dat~ . ~
j,'[JJ!/vJJ A' Z:IL~~
Paul H. Rosen - agent for
Lessor
..3
Date
~~
PLANNING DEPT. MEMORANDUM NO. 90-317
REefP "'1Ji)
0C7r ~s 1990
CITY Afro,
TO:
Jim Cherof, City Attorney
(Y'...
Christopher Cutro, Planning Director
-
THRU:
. ------
FROM: Tambri J. Heyden, Assistant City Planner
DATE: October 25, 1990
SUBJECT: Pep's Sea Grill - Site Plan Modification - File No. 513
Outstanding Condition of Final Sign-off (Verification
of Access)
Please be advised that I am in receipt of the attached draft
access agreement submitted by the owner of Pep's Sea Grill. As
you will recall through previous correspondence and
conversations, verification of access onto S.E. 20th Avenue, a
private street, owned by Mary and Gilbert Zaldiver and Paul and
Phyllis Rosen, having an undivided one-half interest, and Foto
Investors Limited Partnership, having an undivided one-half
interest, is the only remaining condition of site plan approval
for the above-referenced project.
Please review the attached document for legal sufficiency and
advise me of any necessary changes.
~ it
~~Z~/
TAMBRI J. ~EYD
TJH:frb
Encs
RECEIVED
MQV 28 lSm
PLANN\NG DE.PT.
-----.r
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F 0..<
Ea....nt Agrl....nt
Gilbe.r.t
art' the
certain
Wlit:lU;A$ Paul H. Ro~eJ"\ I1Ind :Ihyllill ROBen, his wife, and
Zaldivar and Marr Zaldiwar, hi. wite, (hereafter owners)
Owne~$ of all r g~t, title and interest in and to that
Ea5em~nt legally descri1:ed III
That c.r~aift 18 foot 8t;J"il' marked Private Ro,ad
as shown upon the Plat of HAPPY LARB, r~cord.d
1n ~lat Book 21, Page 33, public ftecor4. of Pal.
Beach County, plorida, a/~/a Southeast 20th
AVenuf,! in thll!l City of Bc,yntc ,n Beaoh, Florida; and
WM~REAS 'rank cnivas lher~after Licensee) is leasing
ce~tain property trom ~n.r. which includes the property
de~crib@d her@inJ and
WHEREAS Licensee is, in accord with said leaee,
~ntitled to th8 riqht to use the pIoperty de8cribed above under
t.he condit.ion that he maintain the lame: and
WHERgAS Llc~nsee as the (lption to buy the property
curr~ntly l~as@d, ineludlnq the riql~t to inQr.e& and eqres& upon
the p~Op8rty d~lcr1hed aboV~1
NOWr THEREFORE, in oonsideration of the sum of $10.00,
And ot.her good and va.luable COlll!;id.trl'ltion the receipt of which
.t.&il hCilr~b~ acltnowl.~9.d, Ownera confirm And qrant. Licensee full
xight t.o \U. t.l'l. property ctee.cl'ibflHl h@rein throuqhout the term
of t.ha leaa~ notod hOt'e1n and ar.y li);;t.Ciln$ iotla t.hereto and through
any,. per iod wherein Lie.oR.. exer:-ei..r.: his opt.ion to purchase in
accord with ecid lease.
IN WI'l'NEBS WnElUsOP'
their 8gent-in-fact, have
p~8aentB thi~ dQY of
the OWllerli1, through Pa"1 R. Ro.@um
81,rea, .ealed and d.livered these
_..~ _, 199(l.
'~.P'i\i', H. flo..n for OWnerl!l
~t.:3tc at
County of
~ero~e me personally oppearad Paul H. ~O$.n, to m. w.ll
known and he Acknowledged to m~ ~h.~ h6 e~ecut~Q the EO~.9oing
tor the puX'poses thttrein expreened.
NotarY' ...
My Comml..i,n E~pire~1
. RECEIVED
.
.
. . a"...-. . .' ~ "
OCT 24 1990
PLANNU-.G DE.PT"
\
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BUILDING DEPARTMENT
MEMORANDUM NO, 90-427
September 20, 1990
TO: Technical Review Board Members
~rl IJ~~ Interim Planning Director
Vincent Finizio Admin. Coord, of Engineering
Ed Allen Fire Chief
Ed Hillery Police Chief
John Guidry utilities Director
Bob Eichorst Public Works Director
Charlie Frederick - Parks & Recreation Director
THRU: Don Jaeger, Building and Zoning Director~
FROM: Michael E. Haag, Zoning and Site Administrator
RE: ISSUANCE OF CERTIFICATE OF OCCUPANCY
Pep's Sea Grill
2005 S, Federal Highway
Channel Construction
The above referenced project is nearing completion. Prior to the
Building Department issuing the Certificate of Occupancy, I would
like to ensure that you do not have any outstanding or pending
issues concerning this site that must be rectified (excluding
issues that are covered entirely with a city approved surety).
If the issues are related to permits issued by the Building
Department, please provide this department with the permit number and
nature of unresolved issues. If the unresolved issues are not
permit related, notify the owner or the owners agent to ensure
that the issues are rectified.
Please respond to this office within ten (10) days so that we may
proceed to issue the Certificate of Occupancy. Th~~]E"'~r
cooperation and timely response.
.
-iEP 24 1900
PLANNII'4G DEPT.
J. Scott Miller
Bill Cavanaugh, Fire
Pete Mazzella, utilities
Lt. Dale Hammack, Police
Warren Shelhamer, Public works
John Wilau~l., E>cu J\.~ &:
Don Johnson, Inspector
J, Broomfield, Comm. Imp.
Kevin Hallahan, Forester
File
MEH:ald
FINALCO.SDD
,
..
,
,
,
I
i
MEMORANDUM
TO:
M~e Haag, Zoning and site Administrator
James Golden, Interim Planning Director f./J...
FROM: Tambri J. Heyden, Assistant Planner
THRU:
DATE: September 24, 1990
SUBJ: Pep's Sea Grill - certificate of Occupancy
File No. 513
I am in receipt of your memorandum requesting notification of any
outstanding issues prior to a Certificate of Occupancy being
issued for the above-referenced project. Since my August 22,
1990, memorandum to you regarding one outstanding issue, I have
not heard from Mr. Frank Chivas or received verification of
access onto S.E. 20th Avenue, as was required pursuant to
Planning Department staff comments and Memorandum No. 095 from
the city Attorney. I have attached copies of relevant
documentation and by copy of this memorandum, have notified Mr.
Chivas, so that this matter may be resolved as soon as possible
so as not to delay issuance of a Certificate of Occupancy. Thank
you for your cooperation.
r - i4
~~., ~
Tambri J, H~en
tjh
EnCs
A:PepsCOM2
xc: Mr. Frank Chivas
Chronological file
MEMORANDUM
TO: Mike Haag, Zoning and Site Administrator
THRU: James Golden, Interim Planning Director I ,~. y
FROM: Tambri J. Heyden, Assistant planner
DATE: August 22, 1990
SUBJ: Pep's Sea Grill sign-off (Adm. site Plan Modification)
File No. 513
Pursuant to our telephone conversation today, I have signed-off
on the above-referenced project prior to satisfaction of my
staff comment requiring verification of access onto S.E. 20th
Avenue, a private road, contingent upon sufficient documentation
being provided by Mr. Frank ehivas, prior to a certificate of
occupancy being issued. As agreed, you will notify me when the
e.o. is about to be issued, if you have not heard from me that
this matter has been resolved. I have sent a memorandum to the
city Attorney asking for his legal advice.
,,--I cI /
~~~~~
Tambri J. H aen
tjh
A:Pep'scO
xc: Mr. Frank Chivas
ehron. file
MEMORANDUM
TO: James Cherof, city Attorney
THRU: James Golden, Interim Planning Director I. ..k,
FROM: Tambri J. Heyden, Assistant City Planner
DATE: August 22, 1990
SUBJ: S.E. 20th Avenue access agreement - Pep's Sea Grill
File No. 513
Recently an administrative site plan was approved for 2005 S.
Federal Highway (see attached site plan reduction) which involved
improv(~ments to an abandoned restaurant (formerly Chicken
Unlimited) for the purpose of establishing a new restaurant to be
known as Pep's Sea Grill. As shown on the attached reduction of
the site plan, access to the driveway and the four new parking
spaces, for which a parking lot variance was approved, is from
S.E. 20th Avenue.
According to my research, S.E. 20th Avenue is privately owned;
Paul Rosen and Gilbert Zaldiver having one- half interest and
Foto Investment having an interest in the other one-half. Paul
Rosen was the property owner when the property was leased by
Chicken Unlimited. The applicant for the afore-mentioned site
plan modification is Frank Chivas, who closed on the property
several months ago after deciding to exercise an option-to-buy
clause in his lease agreement with Paul Rosen. Incidentally,
although Mr. Chivas had a lease agreement, the property was not
being used, since there was not an active occupational license.
Based on this information, I had required, as a condition of
approval of the administrative site plan, that a copy of the
private access road document be provided to verify that access
has been granted to the new property owner, Mr. Chivas, or that
access to the subject parcel runs with the land (see attached
staff comments). In an attempt to satisfy this condition to
obt~in sign-off, Mr. Chivas supplied me with the attached excerpt
from his lease agreement. My questions are whether this is
sufficient verification, since it does not refer to access, only
maintaining the appropriate portion of the road, whether an
agreemellt from Foto Investment, who also has half interest in the
private road, is necessary, and confirmation that, in fact,
TO: James Cherof
-2-
August 22, 1990
the City needs access verification in order to grant a site plan
approval and parking lot variance for improvements requiring
access from a private road. Please advise.
~,:d~~'9'Mw~'?,..
Tambri J, H' yden /
tjh
Encs
A:PepLegal
xc: Frank Chivas
Chron. file
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C I 0 sin g s h a I I be h e I d a t the 0 f f ice 0 f L E S SOR S' a t tor n e y s :
ROSEN, ROSEN, KREILING & nORNSTEIN, P.A.
Parkway Professional Building
6151 Miramar Parkway (Suite 101)
Miramar, Broward County, Florida JJ02J
The parties acknowledge that PAUL ROSEN is a licensed Florida Real
Estate Broker; however, he is not receiving any commission with respect
to this transaction.
The parties represent that there are no real estate brokers in-
volved in this transaction, and they agree to hold each other harmless
and indemnify the other party relative to any claims by a real estate
broker.
lESSEE agrees that in the event he purchases the subject property,
he agrees to maintain that certain private road, also known as S.E.
20th Avenue , which road lies between South Federal Highway
and the lot line of Lot 2.
The parties agree that neither this LEASE AGREEMENT nor any notice
thereof shall be recorded in the public records.
Any disputes regarding other terms of closing shall be controlled
by the Standards for Real Estate Transactions adopted by the Florida
Bar.
IN WITNESS
hands and seals,
WHEREOF, the parties hereto, have hereunto set their
the Day and Year first written above.
Signed, sealed and delivered
in the presence of:
1 )
2 )
_~R~
FRANK CHIVAS
(As to "LESSEE")
"LESSEE"
I )~~~~~~~~5(
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2)
u
PAUL H.
(As to "AGENT FOR LESSORS")
"AS AGENT FOR LESSORS"
~ITY of
BOYNTON BEACH
@
.~.
100 E. Boynton Beach Blvd.
P. Q, Box 310
Boynton Beach. f10rlda 33435.0310
(401) 734.8111
August 7, 1990
Hr. Frank R. Chivas
622 182nd Avenue
Redington Shores, Ft 33708
RE: Pep's Sea Grill - Site Plan Modification (parking/sign)
File No. 513
Dear Mr. Chivas:
Please be advised of the follmdng planning Department comments
v-lith reFlpect to the above-referenced request for nn administra-
tive site plan mc,dification. 'I'hpsp. coments, as well 3.5 the
att<1C'hed comments from other (h?partments, \"lill ne-:>d to be
addressed on revised copies of the drawings submitted for review,
prior to applying for a permit. ~lis procedure is detailed on
the attached letter of approval from the planning Department:
1. Approval of thf? proposed parking spacl'?s is contingent upon
Planning and Zoning Board and possibly city Commission
approval of the pending parking lot variancl'?
2. Any outdoor seating provided shall be inclucled in the
seat.ing CClpRcity and used to determine the minimum number of
parkillg spaces required (or this use. Appendix A - Zoning,
Section 11.H.16,d(1) of the Code of Ordinances.
3. Verify that the square footage indicated OIl the site plan
application is gross square feet. Appendix A - zoning,
Section 11.H.16.d(1) of the Code of Ordinances.
4. Frovid8 a copy of the private access road document recorded
in the Palm Beach County Official Record Book 2548, page 493
and Official Record Book 4320, page 322 to verify that
access from this road to the SUbject parcel was granted.
According to the ta}~ roll, half of this road is owned by the
property owner to the west of the subject parcel and the
other ha1 f is owned by the pl-opel-ty owner to the sbuth of
TO: Mr, Frank Chivas
-2-
August 7, 1990
the sUbject parcel. Chapter 19, Article II, Section 19-17(k) of
the Code of Ordinances.
Very truly yours,
CITY_OF BOYNTON BEACH
" )
~,J; >1 t 11.-, (,: (J, tk ~?It?-n/
TAMBRI J. H~DEN V
Assistant City Planner
tjh
Attachments
xc: Chronological File
A:pep'sCom
MEMORANDUM NO. 095
August 24, 1990
TO:
Tambri J. Heyden, Assistant City Planner
FROM:
Jim Cherof, City Attorney
RE:
Pep's Sea Grill
File No. 513
I am in receipt of your Memo dated August 22, 1990, and
respond accordingly.
1. Property access is a proper consideration in
conjunction with the review of site plans. Section 19.21 of
the Code makes specific reference to "access for police and
fire protection and for emergency rescue service, access in
case of catastrophe and all other considerations related
thereto" .
2. In order to satisfy the City's rightful inquiry
into issues relating to access, the City is within its
rights to require sufficient verification of access.
3. I do not consider access granted pursuant to a
lease agreement to be a sufficient basis on which to grant
site plan approval or a parking lot variance. Your request
to the applicant for evidence of a recorded private access
road or cross easement agreement is pruden
JAC/ras
cc: J. Scott Miller, City Manager
Frank Chivas
STAFF COMMENTS
PEP'S SEA GRILL
SITE PLAN MODIFICATION (Parking/Sign)
BUILDING DEPARTMENT:
ENGINEERING DEPARTMENT:
PLANNING DEPARTMENT:
FORESTER/HORTICULTURIST:
See attached memorandum
See attached memorandum
See attached memorandum
See attached memorandum
July 5, 1990
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BUILDING DEPARTMENT
MEMORANDUM NO. 90-289
FROM:
Timothy P. Cannon, Interim Planning Director
Don Jaeger, Building & Zoning Director~~
Michael E. Haag, Zoning & Site Development Administrator
TO:
THRU:
RE:
SITE MODIFICATION - PEP'S SEA GRILL (Add four [4] parking
spaces - revise site layout)
Upon review of ttie above mentioned project, the following list of
comments must be addressed in order to conform with Boynton Beach
City Codes:
1. Provide a copy of a parking lot variance approval for the
new parking spaces.
2. provide a copy of a landscape variance approval for the
elimination of the required adjacent public right-of-way
landscape area.
3. Show on the plans a walkway linking the new parking spaces
to the main entrance of the building,
4, Revise plans to show that sign work involves new sign face
only. Describe all the new sign work, such as type of
material and color for the sign face, frame and support
pole, Provide a statement on the plans identifying that the
source of illumination is steady and not intermittent.
5, Provide a distinguishable symbol on the plans that clearly
identifies the difference between all existing approved
construction and the proposed new construction. Completely
describe all new construction,
6. Identify the type of material, color and extent of the fence
shown on the plans,
7. Identify on the plans the number of customer seats and
square footage in the building. Show on the plans the
number of parking spaces required for the building and the
parking space computations complying with the parking space
requirements identified in Appendix A-Zoning, Section 11.H
for the use of the structure.
In order to facilitate the permitting process, the following
information should be included with your documents submitted to
the Building Department for review and permitting:
Separate permits are required for the sign, small building,
dumpster enclosure, fence and new parking area,
MEH:bh
A:PEPS,SDD
EN3INEERIOO DEPl\R'IMENI' MEM:RANDUM NO. 90-189
June 27, 1990
TO:
J. Scott Miller
City Manager
Resubmitted to Planning Dept.
August 10, 1990
FROM: Vincent A. Finizio
Administrative Coordinator of Engineering
RE: T .R.B. Caments
Pep's Sea Grille
George C. Davis, Architect
In accordance with the City of Boynton Beach, Florida, Code of Ordinances,
Chapter 19, Section 19-17, "Plan Required - Site Plan Review and Approval"
and Chapter 5, Article x, "Boynton Beach Parking Lot Regulations, the
applicant for the above referenced project shall submit the following
information, technical data and plan revisions.
1. Section 5-142(i) "Parking Lot Layout", subsection 5-142 (i) (2), prohibits
vehicles fran backing out into any private street. Either delete the
four (4) standard stalls or seek relief through the variance procedures
contained within Chapter 5, Section 5-145, "Variances to this Article".
2. Should the applicant obtain a variance for the item listed in Item #1,
then a raised continuous concrete curb l34"x6"x8" shall be installed where
the four (4) parking stalls abut landscaped areas. Section 5-142 (e), "CUrbs".
3. Provide parking facility lighting for the proposed parking stalls in confor-
mance with Section 5-142 (a), "Lighting" and Section 19-17 (g), "Exterior
Lighting" .
...
4. Provide a handicap stall in confonnance with Section 5-142 (k), "Handicap
Requirements". Handicap striping and ramps shall cO"q)ly with the latest
edition of the Accessibility Requirement Manual, D.C.A.
5. Provide striping details for the proposed parking stalls. Section 5-142(1),
"Parking Lot Striping".
6. Provide drainage gradient lines and related plan elevations. Note: All
stormwater shall be retained on site. Section 5-142 (g), "Drainage Standards"
and Section 5-142(f), "Drainage".
U. ....~A~
Vincent A. Finizio
~
VAF/ck
cc: Jim Golden, Senior City Planner
CITY of
BOYNTON BEACH
~
@
100 E. Boynton Beach Blvd.
P. Q, Box 310
Boynton Beach, Florida 33435.0310
(407) 734.8111
August 7, 1990
Mr. Frank R. chivas
622 182nd Avenue
Redington Shores, Ft 33708
RE: Pep's Sea Grill - Site Plan Modification (parking/sign)
File No. 513
Dear Mr. chivas:
Please be advised of the following Planning Department comments
with respect to the above-referenced request for an administra-
tive site plan modification. These coments, as well as the
attached comments from other departments, will need to be
addressed on revised copies of the drawings submitted for review,
prior to applying for a permit. This procedure is detailed on
the attached letter of approval from the Planning Department:
1. Approval of the proposed parking spaces is contingent upon
Planning and Zoning Board and possibly City Commission
approval of the penging parking lot variance.
2. Any outdoor seating provided shall be included in the
seating capacity and used to determine the minimum number of
parking spaces required for this use. Appendix A - zoning,
Section 11.H.16.d(1) of the code of ordinances.
3. Verify that the square footage indicated on the site plan
application is gross square feet. Appendix A - Zoning,
Section 11.H.16.d(1) of the Code of Ordinances.
4. Provide a copy of the private access road document recorded
in the Palm Beach county official Record Book 2548, page 493
and Official Record Book 4320, page 322 to verify that
access from this road to the subject parcel was granted.
According to the tax roll, half of this road is owned by the
property owner to the west of the subject parcel and the
other half is owned by the property owner to the south of
TO: Mr. Frank Chivas
-2-
August 7, 1990
the subject parcel. Chapter 19, Article II, Section 19-17(k) of
the Code of Ordinances.
Very truly yours,
CIT~OF BOYNTON BEACH
. )
~rrL~' Cl. UYi?~
TAMBRI J. H~EN V
Assistant city planner
tjh
Attachments
xc: Chronological File
A:Pep'sCom
RECREATION & PARK MEMORANDUM #90-409
TO:
James
Golden, Interim Planning Director \/'~~
J. Hallahan, Forester/Horticulturist ~n
FROM:
Kevin
SUBJECT: Pep's Sea Grill
DATE: August 7, 1990
The parking lot renovations must still include landscaping
improvements to meet the Ordinance #81-22 requirements.
KJH:cm
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