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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 ft\l.llB,' QAN~ b'.... ~ 1: ~..~.# ~'\. NOV 2 .~'rln.I-1 ['JuO HGW HOLDINGS BOYNTON, LLC c/o Bradley B. Eavenson, Esquire 100 Village Square Crossing, Suite 207 Palm Beach Gardens, FI,~3410 0/1: %)(.,., 3c)7 '100 i fc(-hw: ;;-'d G...J{:,- /01/ November 2, 2006 L I ' .. ~..._. .~..- _......--..' if,;" 'f,( "v' :./ i -- ---- j Via Hand Deliverv 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~, ----~ ~~ ~,__~- .~.n. . Brad Eavenson, Managing Member ., ,f 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. ~ . I 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 ~~e:.,(,..Y Its:~ tly:~ - ---? r.-J ~ Date: I) II:? I ex;, q.S /-/ Its' .;/~ - L _ S- . /Vf-.4"O"" 'It:-./-r...e~- 2 P-~ 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