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CORRESPONDENCE Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 33416-1229 (561) 684-4000 www.pbcgov.com . Palm Beach County Board of County Commissioners Karen T. Marcus, Chair Tony Masilotti, Vice Chairman Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson Addie L. Greene County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper. .... .<tI1 July 27,2004 Mr. Michael W, Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach P,O. Box 310 Boynton Beach, FL 34425-0310 RE: Edwards Office Building TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Rumpf: The Palm Beach County Traffic Division has reviewed the traffic statement for the proposed project entitled; Edwards Office Building, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. This project is summarized as follows: Location: Municipality: Existing Uses: Proposed Uses: New Daily Trips: New Daily Trips: Build-out Year: 3908 South Federal Highway Boynton Beach 523 SF General Office - to be demolished 11,989 SF Medical Office 401 28 AM and 43 PM 2005 Based on our review, the Traffic Division has determined that the proposed project does not constitute a 1 % LOS D Capacity impact on Federal Highway, and therefore meets the Traffic Performance Standards of Palm Beach County, No building permits are to be issued by the town, after the build-out date specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. !f YOt' helve 8ry questions -egarding this de~9rminati(;n, ple3~c cortc:ct '''ne Bt 624-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER /2/;. [--~.~-' fr.' I I, I \ ! F; fl i'-- I' i'. cc: Gerald B. Church PE fjUL 2 9 ?ilG4 File: General - TPS - Mun - Traffic Study Review F:\TRAFFIC\ma\Admin\Approvals'IJ40716,doc C 1\ , : f I " Th.e City 01 BoYlJtolJ Beach. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX; 561-742-6259 www.boynton-beach.org May 28,2004 Mr. Hany Edward 2657 NW 29th Avenue Boca Raton, FL 33434 Re: Applications for 3908 N. Federal Highway, Delray Beach, FL (unincorporated) Dear Mr. Edward: Staff has reviewed the application you have submitted for annexation of the above referenced property and has determined that the application is sufficient to move forward; however, City codes require that you submit an application for land use amendment and rezoning, concurrent with your request for annexation. Application forms for land use amendment and rezoning were supplied to you at the pre-application conferences you had with City staff on October 27, 2003 and November 19, 2003. Additional copies are available on the Planning and Zoning page on City's web site or can be picked up here in the Planning and Zoning Division. Under Section II of the application (page 3), you will need to supply items a, b, c, d(l), d(2), e, f, and g(l) through g(8). We require two copies of the application and any requested additional information, including mailing labels (under item "e"). Since a sealed survey has been included with the application for annexation, additional copies will not be necessary. Because the size of the parcel is less than one acre, the remaining items under Section II, which are not listed above, will not be required. If you can supply this information by 4:30 p.m. on Friday, June 4th, we will be able to schedule the hearing for your applications on the August 10, 2004 CRA Board meeting agenda and the City Commission Public Hearing on August 17, 2004. If you cannot meet this extended deadline, the applications will be scheduled for the September 14, 2004 CRA meeting and the September 21,2004 City Commission Public Hearing. ~ . ..... . Page 2 May 28, 2004 If you have any questions concerning these required applications, please contact me at 742-6260. Yours truly, 1k?l Dick Hudson, AICP Senior Planner S:\Planning\5HARED\ WP\PROJECTS\Hany Edwards\Letter5- 28-04.dot , . Hany Edward 2657 N.W. 29th AVE. Boca Raton, FL. 33434 (561)369-7600 April 26, 2004 Mark Lipman VIACOM OUTDOOR 2640 N.W. 17th Lane Pompano Beach, FL. 33064 Re: Lease # 912987 Dear Mr. Lipman. As we discussed three weeks ago. City of Boynton Beach, Planning and Zoning Division has refused to accept Annexation for Parcel # 00-43-46-04-17-000-0680 where VIACOM billboard # 47810A is Located. According to the Addendum dated on April 7th, 2004. I regret to inform you to Terminate our lease agreement dated February 12, 1996 signed by Mr. Ted Sorgo I would like to ask you to remove your Billboard # 47810A/47811A from the property located at 3908 N. Federal Hwy, Delray Beach, FL. 33483 on or before June 30, 2004. As we agreed in the new addendum date April 7th, 2004. ( See attached copy) Enclosed, Please find check # 2850 for total of $1500.00 to cover the cost of removal. It was a pleasure doing business with VIACOM OUTDOOR, Thank you for your consideration. Sincerely yours, f( -1ff~ Hany Edward V'i" j , 1 \ The City 0/ &Yl1tOl1.Beach Office Of The City Manager 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail.bressnerk@elboynton-beach.f!.us www. boynton-beach.org ~ I ~ ~-~6~~nr~ DEPARTMENT OF DEVELOPMENT January 5, 2004 Mr. Haney Edward 2657 NW 29th Avenue Boca Raton, FL 33434 Re: Annexation of 3908 N. Federal Highway - PCN 004346-04-17-000.0680 Dear Mr. Edward: Thank you for providing us with a clearer copy of the lease agreement for a billboard on the subject property. At this time, the City's Development Department and Legal Department has recommended that the City not annex parcels of property with an active billboard lease. Therefore, I regret to advise you that the City staff will not bE;l in a position to support a petition to annex this property with an active lease for billboard purposes. If that situation changes, we can consider your petition for annexation. You have the right to seek review of the staff decision to the City Commission for their policy review of an annexation request. Please understand that the City staff will not be recommending annexation of the property to the City Commission for the above stated reasons. Kurt Bressner City Manager C: James Cherof, City Attorney Quintus Greene, Director of Development AMERIOA'S GATEWAY TO THE GULFSTREAM ..' VIACOJA OUTDOOR LEASE NO. 912987 Board 47810/11A ADDENDUM AGREEMENT made this 7 day of April, 2004, between the undersigned, as LESSOR, and NA TIONAL ADVERTISING COMPANY d/b/a VIA COM OUTDOOR, LESSEE. WHEREAS, for consideration of$1 0,00 and other goods and valuable considerations from LESSEE to LESSOR, the parties or their predecessors entered into a sign location lease agreement dated February 12, 1996 (the "Lease"), WHEREAS, the parties desire to amend the Lease to establish their respective rights and obligations. NOW THEREFORE, in consideration of the promises set forth herein, and in the subject Lease, the parties agree as follows: LESSEE name and Address: National Advertising Company, a wholly owned subsidiary of Viae om Outdoor, Inc., doing business as Viacom Outdoor, 2640 NW 17th Lane, Pompano Beach, FL 33064 Billboard Location: 2600 'N of GulfStream Blvd, on W side US 1 TAX ill 452-41-3693 Parcel 00-43-46-04-17-000-0680 Termination: Either party may terminate this lease by providing Sixty (60) days written notice to the other party. If either party terminates, any prepaid rent shall be refunded to Lessee pro-rated to date of sign removal. In addition, if Lessor terminates this agreement prior to May I. 2006, a one time sum of$1500 to cover the cost of removal shall be paid to Lessee prior to removal. The existing Lease, still in full force was in the name Ted Sorg THE PARTIES further agree that this Addendum shall supersede any contrary or conflicting provisions of the Lease. DATE: ~l( p 9J I () L( . ( FOR LESSOR: ::.NYil~ ~. t. aoy Edward 'Title EXECUTED by the LESSOR in the presence of ~f ~4{-= is hereby requested to sign as witness. EXECUTED by the LESSEE in the presence of who is hereby requested to sign as witness. who By:-1d 6 D A , a fllt-Trll 5' Title DATE: L(lo%4 ( ( EXECUTED by the LESSOR in the presence of ~~ who . "reby req'''''''~ - U M",,~ ---:::;:::. ~r~1 i~~ FATEN FAHMY Notary Public, Slate of Florida My comm. expires May 24, 2004 No. CC939673 Addendum A Page I ofl Rev. 10123/02 br 6. LEASED PROPERTY. 3M MEDIA shall be entitled to use the Property to erect, maintain, service, remove and reposition (if SUbsequently necessary) an outdoor advertising structure (including necessary structures, footings, devices, power poles and connections) on the Property for such use or uses as permitted by law. The leased portion of the Property Includes all necessary areas over, across and under the Property to provide for the construction. maintenance, service of advertising copy, repositioning and removal of the advertising structure and to provide for the installation of electricai and telephone service to the advertising structure, if necessary. 8. LANDLORD'S COVENANTS. (a) AUTHORITY OF LANDLORD. LANDLORD covenants and warrants that LANDLORD is either the owner, agent of the owner, or an authorized lessee of the Property and that LANDLORD has full power and authority to enter Into and perform under the covenants of this Lease, Including. without limitation, leasing the Property and authorizing the construction of the advertising structure at the location provided. LANDLORD agrees to provide 3M MEDIA with written proof of such authorization. LANDLORD grants to 3M MEDIA quiet enjoyment of the Property and warrants and agrees to defend 3M MEDIA In the quiet enjoyment of the Property during the Term of this Lease. LANDLORD and 3M MEDIA agree that this Lease may be recorded at the appropriate county office. (b) ACCESS/NO OBSTRUCTIONS. LANDLORD covenants and warrants that 3M MEDIA shall have a reasonable means of access over, across and under the Property, and any adjoining or appurtenant property owned or controlled by LANDlORD;to erect, illuminate, maintain, service, remove and reposition its outdoor advertising structure. LANDLORD covenants and warrants not to erect, place, construct or maintain any improvement, structure.. advertising display, vegetation (including any trees. shrubs, or other vegetation), or any other object on the Property, or on any adjoining or appurtenant property owned or controlled by LANDLORD. which would in any manner. partially or completely, obscure or obstruct the normal highway vlew(s) of 3M MEDIA'S advertising structure on the Property, or permit any third party to do so. 3M MEDIA has the right (i) to remove the obscuring or obstructing improvement, structure, advertising display or other object at LANDLORD'S expense; and (Ii) to cut and/or remove any obscuring or obstructing vegetation at. 3M MEDIA'S expense. 7. INDEMNITY AND INSURANCE. Each party agrees to indemnify and hold harmless the other from any and all claims or demands on account of bodily injury or physical property damage caused by or resulting from any negligent or willful acts or omissions of the indemnifying party or its agent ~'T I employees or contractors. 3M MEDIA agrees to carry, at Its own cost and expense, general liability insurance in the amount of One Million Dollar ($1,000,000) covering any such contingency during the Term of this lease. 8. 3M MEDIA'S TERMINATION RIGHT. If at any time (I) the normal highway view of 3M MEDIA'S advertising structure Is obscured or obstruct d, (II) the use or Installation of such advertising structure is prevented or restricted by law or by 3M MEDIA'S inability to secure and maintain any necess permits or licenses; or (Iii)' ., ., .. . eaFltrast far tll8 alll"aFtiaiRll atAletwra, 3M MEDIA may, at its option, terminate this lease by giving LANDLORD fifteen (15) days written notice. If in th ERE reasonable opinion of 3M MEDIA. any of the above conditions shall only temporarily exist, then 3M MEDIA may, at its option, instead of terminating this) Lease, be entitled to pay reduced Rent equal to $100.00 per year during the period such conditions or any of them exist. Upon early termination of this Lease or reduction in Rent for any reason, LANDLORD agrees to refund to 3M MEDIA any prepaid or overpaid Rent. If 3M MEDIA'S advertising structure is a double-faced advertising structure and any of the conditions described in this paragraph affect only one face of the advertising structure, 3M MEDIA has the right to reduce the Rent (including any paid in advance) to 50% of the Rent rather than terminating the entire lease. 9. CONVEYANCE. Any conveyance of the Property to a third party is subject to this Lease. In the event of a change of ownership of the Property. LANDLORD agrees to promptly notify 3M MEDIA and provide the new landlord with a copy of this Lease. 1 O. CONDEMNATION. In the event that all or any part of the Property is acquired or sought to be acquired by any entity having or delegated the ~power of eminent domain, 3M MEDIA shall, at its election and in its sole discretion, be entitled to: (i) contest the acquisition or defend against the taking of 3M MEDIA~S interest in the Property; (iI) relocate the outdoor advertising structure and appurtenances onto any portion of the Property not acquired or to be acquired; arid/or. (iil) bl! compensated from any award or consideration payable by the acquiring entity for all costs, damages and value loss Incurred by 3M MEDIA relating to its. leasehold, as improved with the-outdoor advertising structure. LANDLORD may not terminate this lease. under any right orcircumstance.-If the Property has been taken or is threatened to be taken by eminent domain, or if the Property is conveyed to any entity or its . agent with eminent domain authority. No contemporary or subsequent modification of this Lease or the foregoing sentence shall be-effective.unless it specifically references this paragraph and the foregoing sentence. ..- . 11. 3M MEDIA'S IMPROVEMENTS. All the outdoor advertising structures. power poles, materials and equipment on the P'Foperty are and shall remain the property of 3M MEDIA and may be removed by 3M MEDIA at /toY time prior to or within ninety (90) days after the termination of this lease or any extended term of this Lease. 3M MEDIA agrees to remove the advertising structure, (exclusive of footings which shall only be removed to grade level) and restore the surface to its natural condition. . 12. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties and may not be changed except by written agreement signed by the parties. Oral representations or agreements shall have no effect. If the proper legai description of the Property is not attached, either party may attach or provide it at a later time. 13. NOTICE. All notices are effective upon dispatch and must be in writing and delivered by mail, personal delivery or commercial courier to LANDLORD and 3M MEDIA at the respective addresses set forth above. . STATE OF /tM'J1;9 ) COUNTY OFAtJH t!trK'1.J : ~s On thi./.1 day of fi-~Pt.ilA.' .19 .It ,before me fl "11/1 J", ~, /'/'1,(l,v (Print Nota:y. Harne) the undersigned officer, personally appeared Thp,....rlf""'lr~ Sorirtnt LANDLORD'. Name '1) , known to me (or satisfactorily proven) to be the person(s) C'Pi--iC':IA'1:Ni51'..A_l{;-' ~:r\c--~.1 MP~i( r LIPlvfMJ NOTARY PUBLIC ;d~.TE Of FLORIDA CmvH/JJ5SIGN NO. CC52:.(,18 MY COMMISSION EXP. JAN. )8.2000 STATE OF ) On thi-=2.;t day of -g-b . 19 ~ , before me - rfJ I t1 , , , bSS & . lP...'NK....' -- ') COUNTY OFIJ, II the undersigned officer. personally appeared c,..; e P'1 n . (} If p .5~ . ~~'~~" CAROL s. _-11 known to me (or satisfactorily proven) to be the person(s) whose name(s) Is subscribed to the above Instrument, and bring informed ~~...-.~~ MY COMMISSION # CC417759 EXPIRES of the contents of Ald Instrument. acknowledged volunta xecution of ssms for the uses and purposes herein Contained. Given . ~ o..'1OOOr 31. 1998 under my hand and officlat set I' ':" . ....~" "fAININSURANCE,INC. . . - - t',P,f"f:i".lONOEDTHRUlllOY My Commiseion Expires: J () 31 q ~ L. (PrInt LANDLOIID-. ....... 12) whose name(s)Is subscribed to the above Instrument, and being Informed of the contents of said Instrument. acknowledged voluntary execution of same for the uses nd p rposes herein contained. en un r and and official seal. '/ it ~ ""., My Commission Expires: Parcellndentificatlon Number: 00-43-46-04-17-000-0680 Legai Description of Property (For Recording Purposes): See Exh I bit 11 A" After recording return to: National Advertising Company, Attention: lease Coordinator, Addre..