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CORRESPONDENCE The City of Boynton Beach DEVELOPMENT DEPARTMENT DIRECTOR'S OFFICE 100 E. Boynton Beach Boulevard Po. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6372 FAX: 561-742-6089 www.bovnton-beach.ore October 17, 2005 Mr. Fiorenzo Bresolin, Esq. Quantum Group of Companies 2500 Quantum Lakes Drive, Suite 101 Boynton Beach, FL 33426 Re: Xtreme Accessories Dear Mr. Bresolin: This is in response to your letter dated October 14, 2005 wherein you cite the lease to DLS Marketing LLC DBA Xtreme Accessories. As you noted in your letter, paragraph 5 of the lease limiting the leased premises to a "Home Accessories Showroom and for no other use or purpose, " as well as the requirement that the "Lessee shall comply with all laws, ordinances, rules and regulations of applicable governmental authorities respecting the use, operation and activities of the Leased Premises': effectively satisfies the concerns of the City regarding the use of the property in this particular case. However, it should be noted that the paragraph in your letter referencing NOPC #14 with the implication that the Master Plan use option labeled IND/R would allow for 100% retail sales is both incorrect and incomplete. We would like to point out that Item 5.2 of the application submitted by MFT Development, Inc in July of 2004 reads as follows: "Lots 17, 21, 50A. and 52 (10.85 Acres) Lots 17,21, 50A, and 52 were previously designated Office/Industrial (01) Land Use. The Land Use has been revised to "01 & IND/R, Office/Industrial and Industrial with Retail Sales. The proposed additional DRI Land Use Designation of Industrial with Retail Sales (IND/R) shall allow for up to 100 percent of retail sales associated with an allowable industrial use." (emphasis added). Accordingly, City staff has been, and will remain, consistent in its interpretation that retail uses are not permitted on property with 01 & IND/R use designation, except as an adjunct to an allowable industrial use. Please feel free to contact me should you have any questions or require any additional information. Quintus Greene Development Director Cc: Kurt Bressner, City Manager Mike Rumpf, Planning Director 2005/0CT/14/FRI 11:46 AM P. 001 ~~ QUANTU/'v1 '~Ifi:' G R 0 U p 0 F COM PAN J E S FACSIMILE TO: ~~. Q0\~U~ G~~e.~e ~ \::::::SY"'~~ ~~~ ~~~E.."--~~~ ~ COMPANY: ~ ,_ \ c::.. \~ ~~~\. ~~ ~c.~ . FAXNUMB~~0 ~-:2.. ~ b-:S~~ FROM: Fiorenzo Bresolin DAlE: DC\. \~) oS NUMBER OF P AGES:-S- with cover Rewks: ' -- ~\~~Q ~~ &C~~\_ -: \ -+ C- ~ ________ =-...""~~ ~~ ~ ~Z-C-e~~ ~,~ ~Q_~o:., ~.~' -- ~7--E~'" E2. QG5C ~ \ ,,---...P,r__~ ~~ = '---'-... . c~ 2500 Quantum Lakes Drive. Suite 101 Boynton BBBCh, FL 33426 (5611740-2447. Fax: (561) 740.2429 e-mail: quantgrp@qgc.cc 2005/0CT/14/FRI 11:46 AM P. 002 -~~- QUANTUM -==iiI1ir- C R 0 U P 0 F COM PAN J E S October 14, 2005 By Fax: (561) 742~6357 Mr. Quintus Greene, Director of Development City of Boynton Beach 100 Boynton Beach, Florida 33425 Dear Mr. Greene: RE: 4875 Park Ridge Blvd~ Suite 101 and 102 - DLS Marketine. LLC d/b/a Xtreme Accessor{es I have been requested by Douglas MacDonald to forward the relevant provisions pertaining to a lease agreement entered into between our company, as landlord, and the above captioned tenant. As you are aware, this letter and the attachment hereto is being forwarded to your attention in support and clarification of the tenant's intended use. The "Use" clause, . specifically, paragraph numbered Five (5) of the said lease, states clearly that "Lesse~, its successors and assigns, shall use the Leased Premises exclusively for the pUIpose of a Home Accessories Showroom and for no other use or purpose whatsoever". It is our understanding that the tenant deals exclusively with designers and is not a retailer to the general public. The tenant has similar operations in at least two other industrial parks within Palm Beach County that we are aware of. Notwithstanding the above, we must take this opportunity to advise further that in accordance with NOpe #14, the Approved Master Plan designates such lands as "IND- R" thus allowing for 1 00% retail sales. We trust that this letter and your understanding of and assistance to this matter will facilitate the timely pennitting process and we thank: you for your co-operation. I am av . to dis s this or any other matters at your convenience. lib Ends. 2500 Quantum Lakes Drive. Suite 101 Boynton Beach. FL 33426 {561) 740-2447 . Fax: (561)740-2429 e-mail: quantgrp@qgc.cc 2005/0CT/14/FRI I I :46 AM P. 003 ~ LEASE AGREEMENT THIS LEASE AGREEMENT (sometimes here~er referred to as the ["Lease") made and entered into this ~ day of ~ 'I ...2a6 by and between 4875 PSl"k Ridge Blvd, LLC, or its Assignee ("Lessor"), whose address for the purposes hereof is 2500 Quantum Lakes Drive, Suite 101, Boynton Beach, Florida 33426 and D.L.S. Marketing LLC DBA Xn-eme Accessories., ("Lessee"), whose address for the purposes hereofis 7835 SW Ellipse Way, Stuart, Florida, 34997 provides as follows: 1. LEASED PREMISES. Subject to and upon the terms. provisions, covenants and conditions hereinafter set forth, and each in consideration of the duties, covenants and obligations of the other hereunder, Lessor does hereby lease, demise and let to the Lessee and Lessee does hereby lease, demise and let from the Lessor those certain prerriises (the "Premises" or "Leased Premises") at the building known ~ 4875 Park Ridge Blvd., Boynton Beach, Florida ("Building), such Leased Premises being more particularly described as follows: Approximately Three Thousand Five Hundred.andNinety Two (3,592) rentable square feet as reflected on the floor plan of such Leased Premises attached hereto as EXHIBIT "A" and made a part hereof; identified by the signature of initials of Lessor and Lessee, along with the nO:Jl-exclusive right and '~e to use the Common Areas as hereinafter defirted.-lecated at 4875 'Park ;a.idge Blvq., Suites 10 1 and 102, Boynton Beach, Florida. The term "Rentable Square Feet" as used herein, shall refer to all areas.measured from the outside surfare of the outer glass, outer finished columns, or oufer finished walls of the Building to the outside sur.tace of the opposite outer wall, glass, or to the mid..point of the walls separating the Leased Premises of adjacent tenants. No deductions from Rentable Square Feet are made ~r collJ1]UlB or projections necessary to 1he :Building. The :ReuD:IDle Square Feet;()f the Leased Premises has been cal~ on :the basis of the foregoing definition and is hereby stipulated for all purposes hereof to be Three ThouBJWd.Fjye Hundred and Ninety Two (3,592) square feet, whethe.r the S$Dle sbaU pe more or~ess as a result of variations resulting from. actual construction. The LeS$ee~ ltlay at its expense, have the premises ce~fied to ensure the accuracy of the same. 2. TERM. Th.e:rerm.oftbis Lease, and L~8see's obligations UJlderthis Lease, unless otherwise expressly set forth herein, shall commence on: a) The day that a Final Certificate of Occupancy for the leasehold improvements to the Premises is issued and the Lessor provides the Lessee with a key to the Property {the "Commencement Date"). Lessee's obligation to pay Base Annual Rent shall commence Five (5) Days following the Commencement Date (''Rent Commencement Date''). The Initial Term of this Lease shall t.enninate on the date which is Sixty (60) months after the ~ 2005/0CT/14/FRI 11 :47 AM P. 004 ~ \ ~", , 'I I'j j,' !.\ \,)1; I'., improvements, and repr~i;l ~.- ents to the Office Building or Real Property made by reason of the laws and requireme" of any public authorities or requirements of any insurance bodies, or otherwise, cost dt maintenance and service COntracts for boilers, chillers, HV AC, controls and el '.. rs, window cleaning, building and grounds maintenance, landscaping, all main: .' and repair expenses, supplies, and, in general, all costs and expenses of operating,~' ", g, owning and maintaining the Building, providing, however, the Operating' ?shall not include payment of principal and :interest on any mortgage or deed of ~t ." the building, leasing commissions, or costs of improvements made for parli~lllar lessees. Within one hundred twenty (120) days after the end of each lease year, Lessor shall furnish to Lessee a statement in reasonable detail of the CAlVI paid by Lessee, and thereupon there shall be an adjustment between Lessor and Lessee, with payment to or repayment by Lessor, as the case may require, to the end that Lessor shall receive the entire amount of such CAM. 4.5 Lessee shall pay to Lessor all Florida sales tax, mx on rentals, and any other charges, taxes and/or impositions now in existence or hereafter imposed based upon the Base Annual Rent and Additional Rent; which shall be an additional amount payable by Lessee with each mmonthly installment of rent 4.6 Lessee shall be required to pay Lessor interest on any Rent due, including, but not limited to Base Annual Rent and Additional Rent that remains unpaid :five (5) days after the due date. Said interest will be computed at the rate of eighteen percent (18%) per annum. 4.7 All Rent described in this Lease shall be paid to Lessor at 2500 Quantum Lakes Drive, Suite 101, Boynton Beach, Florida 33426, all such Reut payments to be made to the Lessor on the first day of each and every month in advance furoughout the Tenn of this Lease without demand notice, offset or deduction. 4.8 It is the purpose and intent of Lessor and Lessee that the Base Annual Rent shall be -absolutely Net to Lessor so that this Lease shall yield Net to Lessor the Base Annual Rent specified above each year during the term of this Lease, as it may be adjusted according to tl1e terms herein. All costs, fees, expenses, reimbutSeID.ents, and obligations of every kind and nature whatsoever relating to the Leased Prentises which may arise or become due during the term of this Lease shall be paid or discharged by the Lessee as Additional Rent. Lessee hereby agrees to indemnify and to save Lessor hannless from and against any such costs, fees, expenses, reimbursements and obligations and any interest that may accme thereon. 5. ~. Lessee, its successors and assigns, shall use the Leased Premises exclusively for the purpose of a Home Accessories Showroom and for no other use or purpose whatsoever. Lessee shall comply with all laws, ordinances, rules and regulations of applicable governmental authorities respecting the use; operation and activities of the Leased Premises, and the Common Areas, and Lessee shall not make, suffer or permit any unlawful, improper Ql.'offensiye use of the Leased Premises or Building or Common Areas, or any part thereof: or make, suffer or permit any nuisance thereon. Lessee shall tf 2005/0CT/14/FRI II :47 AM P. 005 " not make use of any of the Leased Premises. Building or Common Areas which, would make V'oid or voidable any policy offire or extended coverage insurance covering 'the Leased Premises. Lessee shall use the Leased Premises only for the purposes stated in this Lease and shall not have said Premises vacant or suffer or permit any waste or mistreatment thereof. Lessee covenants and agrees that during the Term of this Lease, Lessee shall keep the Premises in a good state of repair and in as good condition as they were at the be~ of the Lease Tenn, reasonable wear and tear excepted. Lessee shall give Lessor pr~i$.pt written notice of any accident:, fire, or damage occurring on or to the Premises or the Common Areas. Lessee shall not do anything in the Leased Premises or bring or keep anything therein which will in any way increase or tend to increase risk of fire or rate of fire insurance, or which shall.conflict with any Code (i.e. the Palm Beach County Building, Fire, Electrical, Air Conditioning, Plumbing or others as the same may be applicable) of Palm Beach County or with any insurance policy on the Building or any part thereof, or with any rules or ordinances established. by the Board ofHea1th. 6. COMMON AREAS. The "Common Areas" are defined as the parking areas, enttances.lUldall other areas of the Building and the real property upon which it is located. devoted to the co:Qllt10n use ofall tenants. The Common Areas shall be subject to the exclusive control and management of the Lessor and the Lessor sh.a11 have the right to establish; modify, change and enforce from time to time roles and regulations with respect:to the COUJ:qlOO Areas and Lessee agrees to abide by and conform with such rules and regulations. 7, PARKING. Duri.ng the Lease T~ Lessee shall have non..exclusive use of the parking areas for use by Lessee, its employees and visitors. Lessee {its emplC!yees and visitors) shall hllVe the use ofEleve.o. (1 U spaces in the aggregate at anyone time. 7.1 Lessor shall not be liable for any damage to or any theft of any vehicle, or any contents therefrom while in or about the parldng areas located on the Premises. 7.2 Lessee shall not permit any of its employees to parle in any parking space marked "Reserved" or <<Visitor" or any combination thereof, except 'those reserved for Lessee, if any. 8. ALTERATIONS TO 'J."HE PREMISES AND REMOV AI.. OF EOUlPMENT. Lessee shall not:make any alteration or addition to the Leased Premises without first obtaining the express prior written consent of Lessor which consent shall not be unreasonably withheld or delayed. Upon expiration and termination of this Lease, all installations, fixtures, nnprovements and alterations made or installed by Lessee,. including electric lighting and fixtures, and all repairs, improvements. replacements and alterations to the Lease Premises made by Lessee, shall rem.ain a. part of the Leased Premises as property of the Lessor, except for trade :fixtures. f;