CORRESPONDENCE
The City of Boynton 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
i iLL COpy
www.boynton-beach.org
November 17, 2006
Mr. Brad Eavenson
HGW Holdings Boynton, LLC
100 Village Square Crossing, Suite 207
Palm Beach Gardens, FI 33410
Re: Hurricane Grill and Wings
MMSP 07-004
Dear Mr. Eavenson:
In response to your request dated November 2, 2006 for the
administrative review and approval of the modifications proposed to
the above-referenced approved site plan, depicting the following:
.
Placement of tables and chairs
corner of the building and also
to the handicap parking space
drawing) .
along the sidewalk on the NW
in the planter island adjacent
(as depicted on the attached
Please be informed that the proposed change on the revised plan
date stamped 11/2/06 to allow the seating along the building is
Uminor" as defined within the Land Development Regulations, Chapter
4 - Site Plan Review. However, the plan to place seating in the
landscape island is denied. This project may continue to be
processed by the Building Division as a permit application, subject
to the following conditions:
1. The plans shall reflect the removal of any proposed seating from
the landscape island adjacent to the handicap space.
2. The outdoor table locations (5 tables along the wall with 2 chairs
each) shall be exactly as shown on the attached drawing, and a
minimum 36-inch clear aisle shall be maintained on the sidewalk, to
facilitate pedestrian traffic.
3. The outdoor tables and chairs shall be stored inside the store at
the close of business each day.
4. The outdoor tables and chairs must be maintained in good repair.
5. The sidewalk area utilized for the outdoor seating must be policed
several times during the hours of operation to ensure cleanliness
and thoroughly cleaned daily.
6. Capital Facilities fees shall be paid for the outdoor seating and
the Business License shall reflect the outdoor seating in the total
number of restaurant seats.
. Page 2
November 17, 2006
7. The landscaping proposed to be removed to facilitate the seating
along the wall shall be coordinated with the City Forester in
advance, and preferably mitigated in the landscape island adjacent
to the handicap parking space.
Be advised that the proposed changes may require a modification to
the building permit. Please contact me at (561) 742-6260 if you have
additional questions.
Sincerely,
Ed Breese, Principal Planner
Cc: Karen Main, Plan Review Analyst
Maxime Ducoste-Amedee, Occupational Licensing Manager
Kevin Hallahan, City Forester
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HGW HOLDINGS BOYNTON, LLC
c/o Bradley B. Eavenson, Esquire
100 Village Square Crossing, Suite 207
Palm Beach Gardens, FI,~3410
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November 2, 2006
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City of Boynton Beach
Planning and Zoning Dept.
Attn: Sherie Coale
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425
RE: Minor Modification to Site Plan to allow installation of brick pavers and outside seating
Dear Ms. Coale:
Please accept this letter as a request submitted to the Planning and Zoning Director of the
City of Boynton Beach to allow a minor modification to the Grove Plaza Parcel'D' Site Plan ("Site
Plan"). Enclosed herewith are: i) Four(4) sets of the Site Plan showing the proposed changes (as
discussed more fully below); (ii) a check in the amountof$100 to cover the processing fee; and (iii)
consent of the owner/developer to the propsosed minor modification.
As depicted on the Site Plan, we propose to install a small amount of brick pavers in the
landscaped portions abutting: i) the northernmost west side of the building (where our business is
located), ii) the northwest landscaped area located immediately near the northwest corner of the
building, and iii) the northwest landscaped area abbuting the building near the front door of our
business space. Once the brick pavers are installed, we propose to put a small number of 2 person
tables (Width 20 inches; Length 24 inches) along the northernmost west side of the building, the
northwest landscaped area located immediately near the northwest corner of the building and in the
northwest corner of the building near the front door. The placement of the tables in such areas
would allow sufficient access for ingress and egress along the 5 foot sidewalk and would allow more
than the minium 36 inch access required by the ADA Accessibility Guidelines.
Outside seating is material to the success of our business. We kindly ask that you
approve this request for a Minor Modification to the existing Site Plan. Please do not hesitate to
contact me should you have any questions.
y~ truly y'our~,
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Brad Eavenson, Managing Member
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ADDENDUM TO LEASE BETWEEN
GROVE PLAZA D, LLC, AS LANDLORD AND HGW HOLDINGS BOYNTON, LLC, AS TENANT
1. ADDENDUM: This Addendum is attached to and made a part of the Lease between Grove Plaza
D, LLC, as Landlord and HGW Holdings Boynton, LLC as Tenant. Any conflict between the terms of this
Addendum and the Lease shall be controlled by this Addendum. Capitalized terms used but not defined herein shall
have the same meaning as such terms are defined in the Lease.
2. DEF AUL T: In connection with any defaults under the Lease, except with respect to the payment
of money, Landlord shall provide to Tenant written notice specitying the nature of the default. Tenant shall not be
in default hereunder for any purpose whatsoever, if after notice of any default, Tenant, commences, within any
applicable cure period, to cure any such default and thereafter diligently prosecutes the same to completion.
3. CURE PERIOD: As to monetary defaults, Tenant shall have THREE (3) days to cure same after
receipt of written notice from Landlord. As to non-monetary defaults, Tenant shall have TEN (IO) days to cure
same after receipt of written notice from Landlord.
5. RENEWAL TERMS: Tenant shall have two (2), five (5) year options to renew the Lease. Base
Rent for each five (5) year Renewal Term shall be the annual base rent for the last year of the then expired term, and
thereafter during the Renewal Term shall be subject to the annual increases of two percent (2%). Tenant shall have
given Landlord notice in writing not less than sixty (60) days prior to the expiration of the original term (or then
current extended term with respect to a subsequent extension, if applicable) of the Lease its exercise of its renewal
option. Any Renewal Terms shall be subject to the same terms, provisions and conditions of the Lease. Any
additional terms or conditions mutually agreed upon by the parties shall be by addendum to the Lease.
6. SECURITY DEPOSIT: (Addressed in Lease)
7. TAXES: In no event shall Tenant be liable for more than its pro-rata share of the actual ad
valorem taxes and Real Property taxes for the Demised Premises based upon the square foot area of Tenants
Building as compared to the square foot area of the other building on the tax parcel with the maximum discount
permitted. Taxes shall not include any of Landlord's expenses.
8. USE OF DEMISED PREMISES: EXCLUSIVITY: Landlord warrants and represents that the
Demised Premises are properly zoned for the use for which Tenant contemplates. Landlord agrees that Tenant may
use the Demised Premises for a franchised restaurant for on and off premise consumption of chicken wings, beer,
wine and other food and beverage items. Tenant shall have the right have outside seating (i.e tables and chairs) on
the front and west perimeters of the Demised Premises. Tenant shall, subject to local governmental approval, have
the right to install brick pavers or other hard surface material on any landscaped portion of the outside perimeter
areas surrounding the Demised Premises so as to create patio surfaces for outside seating. Landlord will reasonably
assist Tenant at no cost to Landlord in obtaining any government approvals, permits, etc. with regard to the outside
seating.
Landlord shall not hereafter lease space in the Grove Plaza or any adjoining tract of land or plaza that Landlord
owns to any other entity or tenant whose primary business is the sale of chicken wings or a restaurant whose primary
food is chicken wings (i.e. derives more than 25% of its gross revenues from the sale of chicken wings). As ofthe
date of this proposal, Landlord represents and warrants that it has not leased space to any other entity or third party
whose primary business is the sale of chicken wings. Tenants consent to a lease with Quizno's and Ruby's Pizza.
We will have Quizno's, Ruby's and Hurricane Wings acknowledge each other as tenants.
10. FIRE OR OTHER CASUALTY: As provided in Lease
II. INDEMNIFlCA nON: As provided in Lease
12. LANDLORD'S CONSENT: Whenever the consent, permIssIon or the approval of the
Landlord is required anywhere in the Lease, such consent or approval shall not be unreasonably withheld or delayed.
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13. ALTERATION; IMPROVEMENT; CONSTRUCTION ALLOWANCE: Upon execution of the
Lease, Landlord's Architect shall deliver to Tenant as built construction drawings and surveys for the Demised
Premises in CAD form. Landlord to deliver the Demised Premises to the specifications that was contracted between
Landlord and Landlords Architect. Landlord shall upgrade space to add an additional bathroom (2 bathrooms total)
and provide for cost of increased AlC to I ton per 150 sq ft of store space. Landlord shall pay and perform for all
work to be completed as set forth in Exhibit D. Landlord will cooperate with Tenant to have general contractor
perform work in accordance with Tenants plans and specifications, however any work required by Tenant and
specifications beyond landlords work as referenced in Landlords contract with general contractor (and as set forth in
exhibit D) will be at sole cost by Tenant.
14. SUBORDINATION: Landlord hereby agrees to subordinate any lien it may have for the purposes
of Ten ant leasing/financing any furniture, fixtures or equipment for use in the Demised Premises.
15. INSURANCE: Tenant shall maintain public liability insurance not to exceed $1,000,000.00. In
the event Tenant is required to pay any increased insurance costs incurred as a result of Tenant's use of the Demised
Premises, Landlord shall give written notice to Tenant explaining the increased charges and the causes of same.
16. SIGNAGE: As per sign code and in accordance with the City of Boynton Beach.
Except as expressly amended hereby, the Lease is in full force and effect.
Landlord:
Tenant:
GROVE PLAZA D, LLC
HGW BOYNTON HOLDINGS, LLC
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PROJECT NAME: Hurricane Grill & Wings
LOCATION: 3920 Hypoluxo Road Grove Plaza Parcel D
PCN:
I FILE NO.: MMSP 07-004 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: HGW Holdings Boynton LLC
Brad Eavenson ADDRESS:
ADDRESS: 100 Village Square Crossing FAX:
Suite 207 Palm Beach Gardens, FL 33410 PHONE:
Cell: 561-307-4001 i4> 3433
PHONE: 561-626-1011
E-Mail: ({VI) &
SUBMITTAL / RESUBMITT AL 11/2/06
1 ST REVIEW COMMENTS DUE:
PUBLIC NOTICE/ SIGNS 30 days / 10 days
IP ARC:
TART MEETING:
LEGAL AD
PLANNING & DEVELOPMENT BOARD
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING:
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\grove plaza\Grove Plaza Parcel D\MMSP Paver & Outdoor Seating\2006 PROJECT TRACKING INFO.doc