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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) $2,500.00 - on April 15, 1990, plus applicable Sales Tax. Al I Rent shall be in U.S. dollars. A 10% late charge will be charged for rent paid after 10 days from the due day. 5. ADDITIONAL RENT: LESSEE shall pay all real property taxes which may be levied or assessed by any lawful authority against the land and improvements of \ the demised premises or against LESSORS in respect to the land and im- provements of the demised premises for any extensions of this LEASE. -1- If P 02 . ' ... The p~r.tie. aftr.. that LP.SSeRS shal J pay al I property taxes for the initial one (1) year term of this lEASE. 6. TAXES ON OR IN R~SPECT OF REN~r In the ey'ent of the .nactm@nt. adopt ion or enforcement by any ~Qv~rnmental authority (including the United States. any state and any political or governmental subdivision) of any assessment, levy or tax, whether sales, use or otherwise, on or in respect of the right to leAse, use or occupy the demised premises. LESSEE shall pay such assessment, levy or tax directly to the governmental authorIty. All such pll:rm~ntlS shall b. deemed additional rent under this LEASe and are Lu be paid 01 due. ' 7. ~INTEN^NCe ^ND REPAIRSI ~E55Ee shall, ~t his soie expense, premls~s In good condition, 8S needed. lain shHII be non-delc&oblc. . maintain and repair the demised ThIs duty to repair and main- It Is the express intent of the parties to this LEASE. that lE.SSOOS Shall have no obllRation nor liability 10 repaIr or maintain any of the demised pre~lses but that LESSEE ShAll have the sole and complete obli- ~atlon and liability to repair And maintain said pr.ml.... &. uTILITIES ANt) SERVICES: LESSEE....sha.11 pay in full, as due, all costs and expense of water, sewer, fuel, gas, oil, heat, power, materia13 and serviccs which may be furnished to him or usee! by him In or about the demised prerni$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 .,.... -2- ft 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. -3- Ii 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. ~ -4- II- 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" -5- 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. $2,500.00 - on April 15, 1991, plus applicable sales tax. All rent shall be in u.s. dollars. A 10% late charge will be charged for rent paid 10 days from date due. ADDITIONAL RENT: Lessee shall pay all real property taxes which may be levied or assessed by any ,lawful aU,thority against the land and improvements of the demls,ed premlses or against the Lessor in respect to t:he land and lmprovements of the demised premises. (This extension of rent provision shall not be construed nor is it intended to al ter the Payment of Rent provisions of the original lease.) In all other respects, the parties ratify and affirm the original lease. EXECUTED by the parties hereto on the dates noted. witnesses: Parties: Frank Chivas - Lessee Dat~ . ~ j,'[JJ!/vJJ A' Z:IL~~ Paul H. Rosen - agent for Lessor ..3 Date ~~ PLANNING DEPT. MEMORANDUM NO. 90-317 REefP "'1Ji) 0C7r ~s 1990 CITY Afro, TO: Jim Cherof, City Attorney (Y'... Christopher Cutro, Planning Director - THRU: . ------ FROM: Tambri J. Heyden, Assistant City Planner DATE: October 25, 1990 SUBJECT: Pep's Sea Grill - Site Plan Modification - File No. 513 Outstanding Condition of Final Sign-off (Verification of Access) Please be advised that I am in receipt of the attached draft access agreement submitted by the owner of Pep's Sea Grill. As you will recall through previous correspondence and conversations, verification of access onto S.E. 20th Avenue, a private street, owned by Mary and Gilbert Zaldiver and Paul and Phyllis Rosen, having an undivided one-half interest, and Foto Investors Limited Partnership, having an undivided one-half interest, is the only remaining condition of site plan approval for the above-referenced project. Please review the attached document for legal sufficiency and advise me of any necessary changes. ~ it ~~Z~/ TAMBRI J. ~EYD TJH:frb Encs RECEIVED MQV 28 lSm PLANN\NG DE.PT. -----.r ..,/" - .t!"" F 0..< Ea....nt Agrl....nt Gilbe.r.t art' the certain Wlit:lU;A$ 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" \ - - 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 , , : l.I ~ ' !. . .\ i :.iiJ . I, ;1 X:tf'~'~...r~"l' 4 1.,"\lJ P^12~IIJt, "'~t\'l(~"'t. ~t' ,v,Jf."1 w( '''l'v. Ll7i ~DItJr.:,l ''71'' . v-..,~ P J.',-l' ~I...r:~ f., ,MLl.!'D W/4tzNJf'L Tc:' FrU\lIl:1" tJr''''''^r.e _, r~(,rH~(~ ~'Jt~::- 1\~:<F V IT"U', Wl!I/I,6'!i.':1 ~~~t!Jt:t.':. 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'-c :'~~"; ~::.~~~ __~ 1""2/.IIJ'c..~ 6..ll6.l..i.' f:.r.LC>\\J . r -::-==----=- It.,t; [X'I~.'I)"U.~ f'12'-'ro~"o. ~ ,M~lI~1-T.' t:,' " I' ~ Jl' 'J, . '. ; I ..'..". . , , ~~U!' I": 1.P 0 t ~H~.~."~~:f;"~' V~.(~~:'h~~'~F,r' ;, : I ..,.: ,\. -';"_~_hL.. -:,. -.-' ." ,,1, ~ 11" . I?~::-t';';d ~E=ES."i'7' ~ p~.G:~:~~~1.JA . ... , 4'1 11 Jl1i.Wie m.~lIi,j~. , . . . ~,. ~~_"ooo . . ~"I'rrON. .UCH.."~!tIl~:_ ~ I ~ :. Q ~~~_ ' .;:.. ~"(~r' ~f1' F1--A'~ ';- ,-+----- II ,"('1 {~ .- 1,'''- \\ A. '\, .~ ;::~.... .\ \ \ \ \, ,,\~ /' \ ~\/ \ \ " \ \ \ '( \ \ \ . .~ ..~,)-._- .:P.~!J!f~~~f?~.1~~- f,1~~~~~ ..';. .... , 'U''''''rn, ......t.,.\ "., . ~__Y.. ,i 1.1 I' ~VI~eD..6rtEf fl.AN~- iiJ." . . ~.~~ =.-:: n.;.nll.' ~~"'6rzIUE'~" 01" _..-:f::!? r ~:.: _ . ~... ...... _. ,... =. ~f.Il.'l ~J1L Po, . t'T'o-t ~t44 I ptol2J~ ""~ It> '. ....,. 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( ^'. .'" 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 .,~o -.,....,.,..."(,Jb tl~'(; ,C' "1 ~ i . "If _l_- J;..J. 1l\ l?I~\) ~G 'U ~ 01 :::. Ot..\ . P\)S~i;'.n \~ v :::----------- 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 ~ . , I ~,w(~ /. f ,/}1JW r~ flJ.,v~~'), ., ,- ~~' ~ tLd.,f>~_<,d;-(4z..(; - Cb>~~ ~1, rl' Ie ~b.. );={.f:.Mr /;., < M.. ~~ ~ t'p,'. -:i-:c, 11, :-r.: '0 JWaf- ,c:;~f1, ' lt4 - r.,,,J'fT.JP'4..',To' /-' 1....~~rf::'{}LP ~i>;#u?I#/ -- -,v-dJ! Dve )6' .;&"/" . iL. ,c t:cu,,r...-t;j . ,l..r- .;:( 5 >,-. r;? $'- _-=- ~;Z ~j!. ~~ ;:f<: $, tl~,Ul, rJN.-fl-- ~ /Vl.f..uJ - ~ (<!...eX:~ekv ? B-1-;jJ~ 1)(.. /J.~ t2.A i.-IJJ ';,:> I ~ .r"f.- .,'0 ~ 17.'; 0 ' '. ;..?;> ~ ~ . . , ~ tb ~ ~~ fo!ftd: t}'\&lj ~ J... '-,j, 4--- + '7)' f) [I. , 4 /.r 1- -z. ,." Of'...../ , . 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