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CORRESPONDENCE (' ~ r-J ,{i'ta- ~lL t flY ./'" \A5f.1~ rn @ ~~jL~L~~~lrr\l LAND.LandPlanning ~~ fr' \ IIlI 61991 I,\~\ DESIGN Landscape Architecture ~ - i - t Environmental Consultation ..--J l 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 ",..."_.~ /""--- ' ".. "'. ~-::;:/ ~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 ..,... eo",,,,... ":\It~oMIt......10a "971'0:11 ....... .32. 06/03/97 13:54 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 ...... Go"'....... ..:~~.t02 tlM7 n0:1& ..m.t - 33.