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
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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
~
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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
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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.
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