LEGAL APPROVAL
jvJtj' F
RESOLUTION NO. R97-/~/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
ACCEPTANCE OF THE REPLAT FOR BOYNTON COMMONS
PCD, WHICH IS ATTACHED HERETO AS EXHIBIT "A";
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Boynton Beach,
upon recommendation of staff, does hereby accept the Replat for
Boynton Commons PCD, which is attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida, does hereby approve the Replat for Boynton Commons PCD,
which is attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED this /b
day of ~P7':
, 1997.
CITY OF BOYNTON BEACH, FLORIDA
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C~ Y Clerk
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08/05/97
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SCHROED~~ & LARCHE. P.A.
NO. 029
[;101
SCHRQ~DER ANQ LA,RCHE. P.A.
ATTORNEYS AT LAW
ONE BOCA PLACE, SUITE 319 - ATRIUM
2255 GLADES ROAD
BOCA RATON, FLORIDA 33431-7393
TELECOPIER (407) 241-0798
BOCA RATON (407) 241-0300
BROWARD (305) 421-0878
}ELECO~IER TRANSMTTTAL S~~ET
1025-05
(561) 375-6011
(561) 375-6259
(561) 478-5012
(904) 739-9008
(404) 321-0780
(757) 523-0370
Mayor Gerald Taylor
Ms. Tambri Hayden, City of 8oynton Beach Planning
and zoning Department (via telecopier)
Mr. Joseph D. Lelonek, Land Design South (via
telecopierl
William M. Sulzbacher, Executive vice Pre5ident
A. Russell Kirk, President, Armada/Hoffler Holding
Co. (via telecopier)
Donald B. Stiller, President, Boynton Commons Corp.
(via hand delivery)
Michael A. Schroeder, Esq.
Old Navy Lease
August 5, 1997
SPECIAL INSTRUCTIONS:
Correspondence of even date.
TOT~L NUMBER OF PAGES INCLUDING THIS PAGE: 3
ORIGINAL TO FOLLOW: No
CONr*DENTIAL~rY NOTE
THE INFORM1\TION CONTAINED IN THIS FAX TMNSMISSION IS LEGAl.l,'t PRIVILEGED AND
CONFIDENTIAL INFORMATION INTENOED ONLY FO~ THt USE OF THE INDIVIDUAL OR ENTITY NAMED
ABOVE.IF THE REAOER OF THIS TRANSMISSION IS NOT THE INTENDED RECIPIENT, tOU ARE
HEREBY NOTIFJ~O THAT ANY CISSEMINATION, D!STRIBUTION OR COPYING OF THIS TRANSMISSION
IS STRICTLY PROHIBITED. IF' YOU HAVE i\ECgIVED THIS 'I'i\ANSMISSION IN ERROR, Pu:ASE
IMMEDIATELY NOTIFY us B't COLLEcr T::LEPtiOME ~1.oL AND RE'l'URN THE ORIGINAL TRANSMISSION
TO US ~T THE ADDRESS A~oVE VIA u.S. ~~IL. T~~NK YOU
iF YOU 00 NOT ~!CEIVE ALL OF THE PAGES PLEASE CALL (407) l41-0300
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SCHRCEDEB. & LARCHE, P. A.
NO. 023
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SCHROEDER AND LARCHE. P.A.
ATTORN OS AT LAW
ONJ: SOCA PLACE. SUITt 'Jlt -ATRIUM
~25' l;LAOiS IlOt.D
BOCA RATON. Fl.ORIDA n4il .7383
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MICWCl.I4..IC"lIQUiIl
W. LAW.EN" LAICM'
Al.AII H.&.LINc;lA
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..OWAllO COUNTY 19M '421 .0171
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V%A ~ELE~OP%2A (561) 375-6011
Mayor Gerald Taylor
City of Boynton 8each
100 East Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Re: Boynton Commons Shopping Center (the "Shopping Centerlt)
Dear Mayor Taylor:
v
The City Planning Staff was unable t.o approve requested
revisions to the store front elevations for three of the tenants in
the Shoppinq Center; Old Navy, The Sports Authority and Tony Roma's
Restaurant. As a result, the matter was directed to the Planning
and Development Board; which, by a 6-1 vote, approved The Sports
Authority and Tony Roma I s elevations as submitted, but adopted
staff comments with respect to modifications that would be required
to the front ot the Old Navy store. The matter was then placed on
the Consent Agenda for the August 5th City Commission meeting,
pursuant to a request by the Planning Department.
The Old Navy Store, which is owned and operated by Gap, Inc.,
is an integral part of the shopping center and will be a valuable
addition to the retail community in Boynton Beach. Representatives
of Old Navy have steadfastly maintained the position that the front
elevation of this store, as submitted to the City for approval, is
now an essential part of their over-all operation and "their look"
and is used as a standard nationwide as part of their marketing
effort and their desire to establish and maintain an easily
recognizable identity for their stores. As a result, we have been
unat)le to obtain Old Navy' 5 agreement to the front elevation
modifications being requested by staff and, in fact, the Old Navy
Lease provides thst, if the Landlord is unable to procure the
approval of the ~tore front plans as submitted or approved by the
Tenant, without conditions, notations or requirements whatsoever,
the Tenant reserves the right, in its sole discretion, to terminate
the Lea~e.
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A request was submitted t.o the flannin9 Department that this
issue be removed from the Consent Agenda and placed on the City
commission Agenda for its August 19th meeting, to give both the
staff and the applicant an opportunity to: (i) exhibit the revised
old Navy store front elevation to the City Cormnission, (ii)
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08/05/97
14:37
SCHRCED~ & LARCHE, P. A.
NO. 029
(;J03
Mayor Gerald Taylor
City of Boynton Beach
August 5, 1997
Page 2
present their respective views with respect to same to the
Commission in an open forum, and then (iii) to give the Commission
an opportunity, after having been fully advised of all the
surroundiruJ facts and circumstances, to determine whether the
elevation should be approved as submitted. The Planning Department
has indicated that only the Commission can make this scheduling
chanqe.
Since the applicant has no opportunity to address the
Commission with respect to matters on the Consent Agenda I we are
requesting that the Commission take appropriate steps to remove the
item in question from the Consent Agenda for tonight's meeting, and
reschedule it for public hearing on August 19th.
A. SCHROEDER
MAS:cc
cc: Ms. Tambri Hayden, City of Boynton Beach Planning and Zoning
Department (Via Telecopier)
Mr. Joseph O. Lelonek, Land Design South (Via Telecopier)
William M. Sulzbacher, Executive Vice President, Baita
International, Inc. (Via Hand Delivery)
A. Russell Kirk, President, Armada/Hoffler Holding Co. (Via
Telecopier)
Donald B. Stiller, President, Boynton Commons Corporation (Via
Hand Delivery)
J:\1\CLIENTS\S1ILLER\LEASES\OLONAVY\TAYLOR.805 (102S~005l