CORRESPONDENCE
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SO UTH 561-478-8501' FAX56I-478-S012. Congress Business Center .12&lN, Congress Avenue . Suite 15. West Pal
June 3, 1997
Ms. Tambri Hayden, Director
Planning & Zoning
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re: Boynton Commons
Meeting on June 2,1997
Dear Tambri,
This letter is confirmation of the items that we discussed in our meeting yesterday, regarding the
resubmittal of the site plan for Boynton Commons for a minor Site Plan Amendment. The
conclusion to this meeting was that we proceed and submit the site plan package which includes
the landscape plans and littoral planting plans to the TRC Committee under the normal site plan
review timeframe. As discussed, the next available submittal date would be June 20, 1997. The
submittal package would be submitted and reviewed by the TRC Committee for two weeks, and
then be placed on the next available TRC Agenda following this pre-review. This TRC meeting
would take place approximately the first week of July.
At the TRC meeting, the comments would be addressed verbally before the applicant, and formal
written comments from this meeting would be available approximately one week later. After
receiving these comments, the changes to the plans would be made. Instead of resubmitting the
documents to the TRC Committee, the changes would then be submitted directly with the permit
packages to the Building Division. You mentioned, however, that if there was an issue that we
could not resolve with the staff from the TRC meeting, that we would have to go forward to the
Planning and Development Board or the City Commission for final approval.
The second issue was regarding the elevations for the proposed buildings on the site. You
addressed some continuous concerns regarding the proposed Old Navy site and the Bed, Bath
and Beyond facade. As I mentioned, the leases for the proposed buildings are specific as to the
architectural detail, so that there is absolutely no latitude for negotiations. In the event that you
have made a determination that your department is unwilling to support the proposed
architectural details, we would have to appeal this through the Planning and Development Board
under the Administrative Appeal process. I understand from you that the next available
submittal date is June 13, 1997, for a July 20,1997, Planning and Development Board hearing. I
have submitted the architectural packages to you for your review and determination whether or
not there are any issues. I am also enclosing a copy of the Old Navy lease so that you will be
able to review their specifications.
Ms. Tambri Hayden
June 3, 1997
Page Two
If any of the information is inconsistent with what we discussed in our meeting, please contact
me immediately. If not, we will proceed with the process that is outlined above for the site plan
and the architecturals. Should you have any questions, please do not hesitate to contact our
office.
Sincerely,
LAND DESIGN SOUTH
",..."_.~
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~s;ph D.~lonek
Director
JDL/ds
Enclosure
cc: Donald Stiller
Mike Schroeder
Joel Wantman
Mark Weiner
Don Todd
Brad Swanzy
/letters/hayden.doc
tile #247.10A
06/03/97
13:54
SCHROEDER & LARCHE, P.A.
NO. 053
Gl02
SCHROEDER AND LARCHE, P. A.
ATTORNEYS AT LAW
ONE; 80'" PLACE. SUITE 319 . ATR1UM
22SS CL.ADES ROAD
BOCA RATON. FLORIDA 33431 .7383
MlC"AEL '" SCHIlOEOEII
W, ""WJU;NCE LAICHE.
AUN I1EWNc;""
BOCA IAfON 1407' ~l .0)00
BROWAllDCouNn I'S.I GI - 0878
TELECOPIER (41111 241 .079.
. O\.O&flllllM IIOMIl aJrYlNP
Wlu.5, lW\I5Tf AND tsrAIES UIWEII
June 3, 1997
VIA TELEOO~YER (561) 4'8-5012
Mr. Joseph o. Lelonek
Land Design South
1280 N. Congress Avenue
Suite 215
West Palm Beach, FL 33409
Re: Old Navy Storefront
Boynton Commons Shopping Center
Boynton Beach, Florida
Dear Joe:
Don Stiller discussed, with me today the problems being
encountered with the City with respect to the Old Navy storefront.
Enclosed is a copy of Article 31 of the Old Navy Lease which
deals with this issue. As you will see from a review of this Lease
provision, if old Navy's scorefront is no~ approved in a manner
that is acceptable to Old Navy, then the Tenant has the right to
cancel the Lease. Thie also applies if the Tenant is unable to get
its exterior signage approved.
While we have completed the negotiations with respect to the
Old Navy Lease, we have not, as yet, received the execution copies
of the Lease from the Tenant. That being the case, I am providing
you with copies from a draft of the Lease and that is why you will
see two places in Article 31 where there are dates that are to be
filled in. The final version of the Lease, with respect to the
storefront, is the same as the enclosed eopy. Counsel for Old Navy
has made it clear to us from the outset that this is a non-
negotiable issue. Understandably, the Tenant wants consistency
among the storefronts for its Btores, as the exterior appearance of
the store is a part of the overall image that the retailer wishes
to maintain.
06/03/97
13:54
SCHROEDER & LARCHE, P.A.
NO. 053
~03
Mr. Joseph D. Lelonek
Land Design South
June 3, 1997
Page 2
If there is anything further I can do to be of assistance,
please let me know.
~
If: t2;urs,
~ A. SCHROEDER
MAS I sj
Enclosure
cc: A. Russell Kirk, President, Armada/Hoffler Holding Co.
(w/encloeure via telecopier)
Donald B. Stiller, President, Boynton Conunons Corporation
(w/enclosure via hand delivery)
William M. Sulzbacher, Executive Vice President Cw/enclosure
via telecopier)
(J:\'\CLIBNTS\STILLER\L2LONEK.603 1025-005)
06/03/97
13:54
SCHROEDER & LARCHE, P.A.
NO. 053
Q04
p'oYisi~s of this Lease sl1all remain in full force and effect.
ARneLl 30: CONSTRUCTION ALLOWANCE
Intentionally Deleted
ARTICLE 31: APPROVALS
31.01 Le... Conlltianed on ADorDval. Landlord expresslV acknowledges that the
ability of Tenant to d..ign and to have the Premises constructed (including without
limitation the number. design and construction of its signs and storefront) in accordance
with Tenant's requirements .'8 meterial inducements to Tenant to enter into this Lease.
Accordingly, the effectiveness and validity of this Lease shall be expressly conditioned
upon the 8pc)roval by LandlOl'd end 8" governmental authorities heving jurisdiction
tt'lereove, of: (i) the design of the storefront of the Premises C8S approved bV Tenant) as
reflected in the Storefront Plans described below. and (in the Tenant's extenor sign. 8S
reffected in Tenant's Sign Plans Cas described belOW' for the Premises. including. in the
cne of either (i~ and nil hereof the ability to obtein eny required vari.nce from such
govemmental authority (a" of the for. going approvals end yeri.nees being cOllectively
referred to as the flAPprovalsn.. Tensnt mav cancet this Lease in the menner provided in
Section 31.02 if:
(at landlord is unable to obtain the Approvels for the stor,front of the Premises. or
(bl Tenent is unable to obtain the Approvals for Ten.nt's exterior sign by aD'~~Tr1Q
~fSH P.AtEI
Th8 term .govemment.. authority. as used herein Inctudes any quasi-go".rnmental agency
or board or anv private agency or board, any of which agenCies or bOards are given
authDritv pursuant to llw to review and/or epprove the storefront design or Tenant's
exterior sign.
31.02 DefInltIDn of Plana. The term Storefront Plans sh.1I mean the plans for
Tenant's storefront design including, without limitation, the siZe, dimensions. configuration,
lacation. color. and other aesthetic feetures of said storefront.
The term .Slgn Plans" shell mean Tenant' a plans for its exterior sign (but including
any diSIJlav window signing jf any governmental authority has approval rights thereovert
including, without limitation, the Biz.. dimensions. configuretion, location, color. numbe,
and content and other ae8thetic f.etures of Slid signs.
Storefront. The petti.. .cknowledge thet Landlord shall fumish to Tenent. at
land'OfIt'. sole cost and expense, a storefront in accordance with Tenlnt's specifications
therefor as set forth in the Construction bhibits including. without limitation, the
preliminary sketch attached hereto 8S Exhibit B-2. ConseQuentty. Landlord shell prepere
the Storefront Plena governing the construction of Tenant's storefront, ell in 8ccordlnce
with said Construction Exhibits. Tenant agrees to eccept the storefront depicted in Exhi"'t
e.2. unless Tenant agrees to 8 chenge thereto ,equested or required by Landlord or any
govemmente' euthority in the exerci.e of lts sote discretion. The Storefront Plans may be
a separate set of plans and specifications or they may be I pert of the overal' Landlord's
ConstrUction Drawings refe,red to in Section 5.01, It shill be Landlord's responsibifity to
obtain 811 Approvals with respect to the Storefront Plans in accordanGe with the
reQuirements of this Article 31. When the Approvels for the Storefront Plans have been
obtain8d, the same shall be deemed incorporated into this Lease bV reference as pert of the
Construction Exhibits.
fn the event Landlord is unable to procure the Approvels of the Storefront Plans on
terms and conditions accePtable to Tenant in the eKercis8 of its sole discretion. then
Landlord shel' so notify Tenant and Tenant shall hive the tight, fo, a period of fifteen (15)
deys thereafter to terminate this Lease.
Tenant'A Sign. Tenant sh.,1 hIVe the responaibility to prep.,e its Sign Plens and to
obtain the Approval. therefor. Tenant's Sign PJans may be s seperate SIt of plans and
specifications or theV may be 8 pert of the overell Tenant's Construction Drawings referred
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.32.
06/03/97
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SCHROEDER & LARCHE, P.A.
NO. 053
Gl05
to in Section 6.01. In the event Tenent is unable to obtain the Approvals 10r its Sign Plans
by IJ!H.T TO BJRNlSU DAl'fl. then Tenant shall have the right. for 8 period of fifteen
(15) days .fter SU4;h determination of SUCh inability fa. described in Section 31.04) to
terminate this t.ease.
31.03 Stal\dard at 0..... The Sign Plena may be in accordance with Tenant's
own reQuirements. 8S Ten.,t. in ita sole discretion. may determine and whether or not its
proposal is permitted under the applicable building codes or governmental requirements
then in existence. The Storefront Plans prepared bv Landlord shall be in strict conformance
with the Construction Exhibits. If any changes to the Storefront Plans ere requested Of
requited by L.andlord or the applicable govemmentel authority. such changes sha" be
subject to Tenant'. 8Pprov.., in the exercise of its sole discretion and whether or not the
changes are required undet Lege) Requirements then in existence,
· Approvel" shall meen thet the Sign Plans and Storefront Plans at' approved bV
landlord and by the reQuiSite governmentaleuthority as submitted or approved by Tenant
without any conditions. notations or requirements whatsoeyer. Failure to obtain approvels
or l)Ien8 which are m.rked "DisepproYed" shall mee" that the plans ere disapproved. The
designation ItApproved as Noted" shall be deemed a di.approv~ unless Tenant. in the
exercise of its sole and absolut. discretion. approves of any conditions, notations or
requirements impond.
31.04 GoveMllUllltllI A_roval PraHu. Tenant shan not be requited to accept or
comply with any condition of approval imposed or requested bv Landlord or such
governmental authority with respect to the Storefront Plans end the Sign Plans whiCh
Tenant cto.. not. in the exercise of its sole discretion, deem acc.ptable. The parties'
obtigation to obtain SUCh Approvals shell not extend beyond the determination of the
apt)'icebfe government" authority at a formal public helflng for the same and such party
shall have no obfigation to appea' an adverse decision. landlord and Tenant shelf
cooperate with each other in their respective applicationl for gov.rnmental approval of the
Stor.front Plens and Sign Plens and wilt execute at1Y required documents in connection
therewith and. if necessary. appear it1 person. or through its duly appointed agent with
Tenant (or Tenant's designated agent) at a public hearing on such application.
ARTICLE 32: ESTOPPEL CERTIFICA TIS
32.01 hfORJ8l Canificate. Tenant shell within fift.en (151 days after request by
landlord. deliver a written certificate duly executed bv an authorized party on behetf of
Tenant certifying to landlord. or any other person or entity specified by Landtord: (8) that
this l.ease is unmodified end in full force end effect. or If there has been anv modification.
that the same is in full force and effect as so modified. and identifying any SUCh
modification; Cb) whether or not to the knowledgl of Tenant there are then existing any
offsets ot defenses in 'avor of Tenenf against the enforcement of any of the tetms.
covenants and conditions of thislelse and. if so. specifying the same, end also whettt.r
or not to the knowledge of Tenant, landlord hIS observed and performed all of the terms.
covenants and conditions on ita part to be observed and performed, end. if not. specifving
the same; (e) the deles to which Rent has been paid; and Cd) any other factuel matter
re'atino to this lease. provided however that such factual matters do not increase any of
Tenant's obligetions under this Lease nor decrease an~ of Tenant's rights hereunder nor
require Tenant to teke any action other than to address or answer the f8ctuaC matter
faised.
The failure of Tenant to deliver such certificate within such fifteen (15) day period
shell be conclusive in favor of Landlord. Tenant and anv other person. firm or corporation
for whose benefit the certificate was requested with respect to the matters set forth in
clauses (8). (b) and te) above but expressly excluding clause Cd) from any such
presumption, whether conclusive or prim. facie. Notwithstsnding the foregoing. however.
the isauance of en .stoppel certificate shall in no event subject Tenant to eny .iability
whatsoever. despite the negligent 01 otherwise in.dven.nt failure oi Tenant to disclose
correct end/or ,elevant information nor constitute e waiver with respect to an" act of
Landlord for which approv.1 by Ten.nt was required but not sought or obtained.
ARTICLE 33: CONFLICTS
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- 33.