660 Mayport Rd -Moblie food vending approvalCity of Atlantic Beach
Community Development Dept.
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone (904) 247-5826
http:/hvww.coab.us
APPROVAL FOR MOBILE FOOD VENDING (MFV)
APPLICANT: Thomas Horn
25 West 6th Street
Atlantic Beach, FL 32233
LOCATION OF 660 Mayport Rd.
MFV:
DATE OF CONDITIONAL
APPROVAL: April 6, 2022
The above referenced applicant requested approval for one (1) mobile food vending unit as defined in
section 24-17 Land Development Regulations.
"Mobile Food Vending Units means a public food service establishment that is either self-propelled
or otherwise movable from place to place which is properly licensed and operated in accordance
with state regulations. A mobile food vending unit must have, as part of the unit, a three -
compartment sink for washing, rinsing and sanitizing equipment and utensils; a separate hand
wash sink; adequate refrigeration and storage capacity; full provision of power utilities including
electrical, LP -gas, or portable power generation unit; a potable water holding tank, and a means
for liquid waste containment and disposal."
This changes the land use from automotive sales to mobile food vending.
Staff does hereby issue approval for one (1) mobile food vending operation located at 660 Mayport Rd
and issued to the applicant with following conditions:
• MFV must be located in the area shown on the attached site plan
• MFV cannot be located or block any ADA parking spaces, loading zones or sidewalks
• MFV is limited to times/dates in applicant (Weekly from 11am to 10 pm)
• Must abide by all noise regulations as outlined in Chapter 11 in the Code of Ordinances
• Cannot block driveways or be located in any right-of-way
Per Chapter 24 Section 154 of the Code of Ordinances, if issues or complaints occur staff has the right
to revoke the MFV permit.
Please note, that this change in land use might require additional permits.
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Amanda L. Askew, AICP
Planning and Community Development Director
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03/01/2022
To whom it may concern,
I'm writing to give written permission for Pubs n' Pits LLC located at the physical address of 25 West 6th
Street and 660 Mayport Road; Atlantic Beach, FL 32233 to seek a Special Exception permit allowing for
the use of Mobile Vending Units on premise at their retail location.
The owners have expressed keen interest in upfitting the building and providing much needed services
to the community. As a fellow small business owner, I'm excited to have them in the neighborhood and
expect great success for their company.
Sincerely,
Atillio Cerquei
C -Quest Properties
Addendum to lease of 25 West 6th Street & 660 Mayport Road; Atlantic Beach, FL 32233
Cross -Parking agreement between Pubs n' Pits LLC located at both 25 West 6th Street and 660 Mayport
Road with C & C Fisheries located at 36 West 61h Street.
Pubs n' Pits LLC, located at the physical address of 25 West 6th Street and 660 Mayport Road; Atlantic
Beach, FL 32233 has permission, as necessary, to occupy parking spaces of C & C Fisheries located at the
primary property address of 36 West 6t1' Street. The parking lot located across the street at 36 West 6th
Street can accommodate up to 57 parking spots in addition to the 7 parking spaces available at Pubs n'
Pits LLCs 25 West 6th Street location and 8 parking spots at 660 Mayport Road.
C -Quest Properties
Atillio Cerqueira
LESSEE: Pubs N, Pits LLC
LESSOR: C -Quest Properties LLC
FOR VALUABLE CONSIDERATION RECEIVED, LESSOR and LESSEE agree as follows:
1. 1. PREMISES: Lessee leases from Lessor and Lessor leases to Lessee the property located at: 25 West 6th
Street Atlantic Beach FL 32233 and 660 Mayoort Rd property_
2. NATURE OF TENANCY: Lessee acknowledges that Lessee in leasing from Lessor commercial or
nonresidential property and therefore the provisions of §§ 83:1 et seq., Fla. Stat., apply to the tenancy created by
this lease.
3. PROPERTY MANAGER: Lessor has appointed Atillio Cerqueira,
Phone # 904-334-2983(cell) as its Property Manager and Lessee shall direct all communications concerning
the premises to the Property Manager and shall make all rental payments to C -Quest Properties. LLC and
mailed to; 36 west 6th street Atlantic Beach FL 32233. Lessor appoints Property Manager as its duly
authorized agent and attorney-in-fact to execute on behalf of Lessor all notices, complaints or pleadings, actions
for possession or payment of rent and any other writings, documents or matters described in §§ 83 et seq., Fla.
Stat. Lessor reserves the right to appoint other property managers by written notice and specification to Lessee.
4. TERM OF LEASE: This lease is for a term of one year with the term commencing on March 1, 2022 and runs
thru February 28th 2023. Any renewal options or other extension options, if applicable, are as described in
paragraph 5 below...
5. RENT AMOUNT AND PAYMENT: During the term of this Lease, Lessee shall pay monthly rent as
described in this paragraph, in advance, without demand, with each payment due on the first day of each month
during the term of this Lease and with all payments made to the attention of the Property Manager, unless
otherwise specified in writing by Lessor. Any rental payment which has not been received by Property Manager
(or Lessor if there be no Property Manager) by 5 pm EST or EDT, as applicable, on the 51 day of the month for
which the rental payment is due, whether that 51 day shall be a business day, Saturday, Sunday or other legal
holiday, shall be considered delinquent and shall be subject to a late charge in the amount of $50.00 plus an
additional late fee of $10 per day until said rental payment is paid in full, as additional rent, as agreed
compensation to Property Manager and Lessor for additional administrative overhead incurred in the
administration and collection of delinquent rental accounts. Any rental payment which has not been received by
Property Manager (or Lessor if there be no Property Manager) by p.m. EST or EDT, as applicable, on the 5th
day of the month for which the rental payment is due, whether that 51 day shall be a business day, Saturday,
Sunday or other legal holiday, shall cause Lessee to be in breach and default of this Lease and Lessor shall be
entitled to all rights and remedies for default described in this Lease according to §§ 83 et seq., Fla. Stat. All
rental payments and late charges shall be increased by any applicable commercial rent tax levied by any
governmental agency or unit having jurisdiction over the premises.
The monthly Base Rent shall be calculated as follows: $4,585.42 per month, together with all sales and use
taxes levied upon the use and occupancy of the leased premises.
Renewal option: Tenant may renew the Lease for 12 -month terms at a rate of $4,768.84 for the next year's
rent with option of extended tern of 1 year. Tenant shall exercise such renewal option, if at all; by giving
written notice to Landlord not less than Thirty (30) days prior to the expiration of Initial Term. Landlord shall
have the right to refuse renewal at any time before February 2023, or if Tennant has been in default on any of
the terms of this lease during the prior term. There will be a Four (4) percent rent increase annually for the
duration of this lease.
6. SECURITY DEPOSIT: At the time of the execution of this lease, Lessee is depositing with Lessor the sum of
_$2,500.00 constituting a security deposit, which sum shall secure the full performance of Lessee
under the terms of this lease including, without limitation, the obligations of Lessee to pay rent, late charges
maintain the premises, maintain insurance, pay utilities, and redeliver the premises to Lessor in the same
condition as the premises existed at the time of the taking of possession of the premises by Lessee, as properly
maintained and repaired by Lessee pursuant to the terms of this lease, ordinary wear and tear only accepted. The
security deposit shall not bear or accrue interest in favor of lessee, and may be deposited, at the election of
Lessor, in a noninterest bearing account.
7. USE OF PREMISES: Lessee shall utilize the premises solely for the operations of Service or retail business,
and for no other purpose whatsoever. Lessee shall not suffer any person to reside within the premises. Lessee
shall operate the business and occupy the premises in full conformity with all laws, regulations, ordinances,
restrictions and prohibitions of any governmental authority. Lessee shall not commit or suffer any illegal or
immoral use of the premises. Lessee shall not commit or suffer any nuisances or any conditions or behavior
which interferes with the full use and enjoyment of other lessees. Lessees shall obtain and maintain all permits,
licenses and shall pay all license fees, impact fees, impost of any nature attributable to the transaction of the
business of Lessee or the occupancy of the premises by Lessee. Lessee shall not dispose of any hazardous
materials on said property and shall take appropriate action to insure hazardous materials are not allowed to
contaminate said property.
8. UTILITIES: Lessee is responsible for all utility deposits and charges for all electricity, water, gas, telephone,
cable service, sanitation garbage or similar utilities serving the premises and shall indemnify and otherwise hold
harmless Lessor from any and all liens against the premises resulting from Lessees failure to pay or discharge
the responsibilities of Lessee concerning the utilities.
9. MAINTENANCE OBLIGATIONS OF LESSOR: Lessor shall be responsible for the maintenance of the
roof, exterior structure and common areas as designated in this lease (see attached diagram).
10. MAINTENANCE OBLIGATION OF LESSEE: Lessee shall be responsible for and shall maintain and
repair all plumbing, electrical, HVAC systems, appliances, doors and locks and plate glass and windows of the
premises. Lessee shall be responsible generally and shall maintain in first rate condition the premises, and shall
at all times keep the promises neat and clean. Any alterations or improvements constructed by Lessee that shall
became part of the premises, shall become the property of the Lessor at the expiration of this lease, without
payment or compensation to Lessee. If so directed by Lessor, Lessee shall remove any such alterations or
improvements, whether fixtures or otherwise, at the expiration of this lease, and restore the premises to the same
condition as existed before the alterations or improvements were made or installed, all at the expense of Lessee.
If Lessee fails to effect removal and restoration as directed by Lessor, Lessee shall be liable to Lessor for all
Lessor's expenses incurred in discharging the obligations of Lessee on behalf of Lessee.
11. RISK OF LOSS: All property, equipment or possessions of any nature of Lessee within or about the
premises shall be at the sole risk of Lessee and Lessor shall have no responsibility for any theft, casualty,
damage or other loss of any of such property of Lessee or patrons, employees, contractors or any invitees of
Lessee.
12, INDEMNITY AND INSURANCE: Lessee shall fully indemnify and otherwise hold harmless Lessor from
any and all claims, demands or suits arising out of or otherwise attributable to Lessee or the occupancy of the
premises by Lessee asserted by any party whatsoever, and this indemnity shall include all costs incurred by
Lessor, including reasonable defense attorney's fees. Lessee shall obtain and maintain public liability insurance
and casualty insurance insuring the repair and replacement of matters within the premises which are the
responsibility of Lessee, which policy shall show Lessor as additional insured. Lessee shall at all times maintain
with Lessor Certificates of Insurance showing current coverage and the companies, amounts, casualties imperils
insured against, and deductibles, which shall be as prescribed by Lessor, from time to time. Lessee for itself and
all others waives all right of subrogation against Lessor. The initial prescriptions of coverage by Lessor to
Lessee are: $500,000.00 combined single limits..
13. ASSIGNMENT OR SUBLET: Lessee shall not assign, transfer or hypothecate in any manner its rights
under this lease, nor shall it sublet all or any portion of the premises, without the express written consent of
Lessor, and such consent shall be in the sole discretion of Lessor. Lessor may assign rights and obligations
under this lease with written notice to the tenant.
14. ACCESS BY LESSOR: Lessor shall at all times have access to the premises for purposes of inspection of
the premises by Lessor to assure compliance by Lessee with its obligations under this lease and for making
repairs or otherwise discharging the obligations of Lessee under this lease, for the account of Lessee. Lessor
shall have the right to place "For Rent" signs and shall have the right to exhibit the premises to potential
Lessees during the last 60 days of the term of this lease.
15. LOSS OR DESTRUCTION OF PREMISES: If at any time during the term of this lease the premises shall
be lost or destroyed (whether by casualty or condemnation or taking) so as to be wholly or partially
untenantable, Lessor shall have the option of either restoring the premises or terminating this lease, and shall
exercise the option within the first [30] days after the casualty or condemnation. If the Lessor elects repair or
restoration, the repair shall be completed within [1801 days after the casualty or condemnation. Rent shall be
equitably apportioned during any such period of repair or restoration. With respect to a condemnation or taking
of all or a portion of the premises, the lease shall either terminate on a full taking or shall abate equitably on a
partial taking. Lessee shall not be entitled to any portion or any award for any condemnation taking attributable
to the leasehold interest of lessee but shall be entitled to an award attributable to any fixtures or improvements
installed or owned by Lessee and for court awarded moving expenses.
16. SIGNS: No sign shall be placed by Lessee at or about the premises without the written consent of Lessor
and such sign shall conform to all zoning and other governmental rules, ordinances and regulations.
17. FIRST LIEN OF LESSOR: Lessee grants to Lessor lien over all personal property, equipment, inventory,
fixtures or any property of Lessee in or about the premises, to secure all obligations of Lessee.
18. LIEN AGAINST PREMISES: Lessee shall no right to cause or permit any lien to be filed against the
premises and, within [151 days of the filing of any such lien, shall pay off or bond the lien. All third parties are,
by the execution of this lease, placed on notice that the Lessee has no right or authority from Lessor to grant,
permit or subject the premises in any manner to any liens, whether mechanic or otherwise, whether for work
performed, material furnished, or obligations incurred or otherwise.
19. MISCELLANEOUS LEGAL PROVISIONS: This lease represents the entire understanding of Lessor and
Lessee with respect to the property and there are no oral representations or agreements which have not been
reduced to this writing. Lessee accepts the premises in the condition that they exist on taking possession in "as
is/where is" condition. In the event that any covenant or obligation of this lease is deemed to be unenforceable,
that determination shall not affect the enforceability and binding nature of all other covenants and obligations of
this lease. This lease shall be binding on the parties to this lease, their assigns, personal representatives and
legal representatives. Violation of the terms of this lease by Lessee, any breach of this lease by Lessee, the
abandonment by Lessee, the filing by Lessee of bankruptcy, insolvency, assignment for benefit of creditors or
other similar arrangement shall all be deemed material breaches of this lease, and Lessor shall be entitled to all
rights and remedies accruing from the breach. If it is necessary to resort to litigation to enforce the terms of this
lease, the prevailing party in the litigation action shall recover from the nonprevailing party all cost of litigation,
including all reasonable attorney's fees, including fees incurred for the preservation of the obligations of this
lease in bankruptcy. Venue for any suits arising out of or otherwise attributable to this lease shall lie exclusively
in the courts of Duval County, Florida. The Lessee and Lessor expressly waive the right to trial
by Wry in any disputes arising out of this lease and agree to submit all issues of law and
fact for decision by the Judt;e.
20. PERMITTED PARKING: in front of building both sides and back of building to the fence line
A. The whole car lot 660 Mayport Rd
21.The landlord shall have the right to DISTRAIN for rent Meaning landlord can enter premises at any time
,seize all machinery and inventory ;and change the locks; if landlord is not paid in full the amount owed within
two weeks of due date.
22. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county health department.
Lessor and Lessee have executed this lease on the date indicated below.
Dated:
C -Quest Properties, L.L.C.
I
Atillio Cerqueira,