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363 Atlantic Blvd #1 Use By Excep 2011 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH,FL 32233 INSPECTION PHONE LINE 247-5814 Application Number . . . . . 11-00100043 Date 6/14/11 Property Address . . . . . . 363 ATLANTIC BLVD UNIT 01 Application type description USE-BY-EXCEPTION Property Zoning . . . . . . . TO BE UPDATED Application valuation . . . . 0 ---------------------------------------------------------------------------- Application desc ON SITE CONSUMPTION ---------------------------------------------------------------------------- Owner Contractor ------------------------ ------------------------ SHOPPES OF NORSHORE LLC OWNER P.O. BOX 330108 ATLANTIC BEACH FL 32233 ---------------------------------------------------------------------------- Permit . . . . . . USE-BY-EXCEPTION Additional desc . . Permit Fee . . . . 250 . 00 Plan Check Fee . 00 Issue Date . . . . Valuation . . . . 0 Expiration Date 6/14/11 ---------------------------------------------------------------------------- Special Notes and Comments APPROVAL TO PROCESS CHECK ONLY ---------------------------------------------------------------------------- Fee summary Charged Paid Credited Due ----------------- ---------- ---------- ---------- ---------- Permit Fee Total 250 . 00 250 . 00 . 00 . 00 Plan Check Total . 00 . 00 . 00 . 00 Grand Total 2SO . 00 2SO . 00 . 00 . 00 PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA BUILDING CODES. ts APPLICATION FOR A USE-BY-EXCEPTION City of Atlantic Beach - 800 Seminole Road -Atlantic Beach,Florida 32233-5445 Phone: (904)247-5826 FAX (904)247-5845 - http://www.coab.us Date File No. Receipt 1. Applicant's Name L.I-n Jk " V 141 Fee 15 T(t V1*j 2. Applicant's Address r3$0(<,%/aff( 3. Property Location 4j Ig A�I f- 13 /V��Vtf 1 4. Property Appraiser's Real Estate Number 'I Block No. Y1 A.- Lot No. *1 A — 71 A 5. Current Zoning Classification (26 6. Comprehensive Plan Future Land Use designation 7. Requested Use-by-Exception 6r)- 'Pr4OV74ise coAsamp-hor, &-f 8. Size of Parcel V%/OL 9.Utility Provider C40 f'L 8 — JE,4 10. Statement of facts and special reasons for the requested Use-by-Exception, which demonstrates compliance with Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as Exhibit A. (The attached guide may be used if desired. Please address each item,as appropriate to this request.) 11. Provide all of the following information. (All information must be provided before an application is scheduled for any public hearing.) a. Site Plan showing the location of all structures,temporary and permanent,including setbacks,building height, number of stories and square footage, impervious surface area, and existing and/or proposed driveways. Identify any existing structures and uses. b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record owner as above). If the applicant is not the owner,a letter of authorization from the owner(s) for applicant to represent the owner for all purposes related to this application must be provided. c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.) d. Required number of copies. Two(2)copies of all documents that are not larger than 11 x 17 inches in size. If plans or photographs,or color attachments are submitted,please provide eight(8)copies of these.) e. Application Fee($250.00) I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT: Signature of owner(s)or authorized person if owner's authorization form is attached: Printed or typed name(s): Signature(s): ADDRESS AND CONTACT 11IMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: Lqvjt, Mailing Address: IF6 Ce_e-ow, 0[,tVtv-4 Phone: "3-�Zj'a- '7313 FAX: 513- -f VZ - -ledt-3 E-,,il: tj EXHIBIT A The review of an application for a Use-by-Exception shall consider the following items. Please address each of the following as applicable to your specific application. 1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. Lo<- (%A4 Ve0vc-f i:7� eCF?JecXvq M3vC- 4 f 6bolwl kk/A P-tut $.A,-ftT'r 0600—, -124,6-V%J$ V 1 1 2. Parking and Loading Spaces, where required, with articular attention to the items in (1) above. tjt> CtU4"�--y %/tit 3. The potential for any adverse impacts to adjoining properties and properties generally in the area resulting from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use-by-Exception being requested. 40 f es It I 4. Reftise, trash collection and service areas,with particular reference to items(1)and(2)above; 0e. e-�"e-5 t".11 6 't V'L'k-�' *e--.e a�-C-qs 5. Utilpifies,with reference to locations,availability and compatibility; e 6. If adjacent uses are different types of uses, escribe pe of screening and buffering that will be provided between your use and the adjacent use. 0( ae'2r use- ;S Vri#-f-4*C" ;- %/o,(( lo AfAjal-e4 r 10 1 Z,+J I !L-12 J A t 7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the District; (See Signs and Advertising, Chapter 17.) Sl'qtAtL�e- witt 6e- o/pVt IC 41A/10tilf 8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan. 9. General compatibility with adjacent properties and other property in the surrounding Zoning District as ' '�Jls well as consistency with applicable provisions of the Comprehensive Plan. 1-k-t --Pr.>bcC 't( � e /& I &L9 C 'A/1 Ve <a*te- V-5 it keL5 Me 0 2,e�Ws Other information you may wish to provide: ................. --------------------------------------------------------- j 4P rl rl rl rl ri M rl r1l _3 rlrlrlrlrlrlrlrlrlrlrl ri------------- LJLJ ----- -------- 01 coNsTRUC�mcumeNTs t------------------------------------------ -�Qj van ertdoerfer chitect jw A002 �AN PROPOSED ------------- I illif li��I:::: ---- ------- NOW, '77 %�WVUN i A loll i�Riii 1, ill i 11,11.11! MIN.711:11 ill, illi ......... ... A200 ------------ ------------------ ------------------ ---------------------- - ------------------------------ --------- ------------- h, MM V MR ------------------------- ------ ---------- ------- ........................ .......- ............ ........ ... ... ....... ................. ........... ID LAtT,�LEVATION PROPOSED COMTMCT"�UMI� ------------------------ ---------------- ------------ ---------- - - ----------- ....... ----------- (:Ds ------------ --------- I I van MIT. -.KSL� e,tdoerfer chitect -—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-— J;w Tks- -—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—- A201 A ED l ELEVATION-PROPOSED C-0 tit o 60) @ I '0 \ , t cc to$ 6030 ,4kAoL IS .1 Ot *to O.CO. oc" -To goo C� Coe- XA. '16 00 lot .00 "'65A V5 ALA Sig- 'tDOCOA It %IV 0$ to, 001% CtbL Lssl to_4 O's '04cla "O.A& off Vol, Gowt-, jes "'0., "I Cool ftot� "so I's —46 PlfkD I P, ,lk\ STATE OF FLORIDA ASSIGNMENT OF ILEASE COUNTY OF DUVAL This ASSIGNMENT OF LEASE is made and entered into this 15th day of March, 2011 (the "Effective Date"),by and between Sticky Ribliouse,LLC,hereinafter referred to as"Assignor,"and Poe's Tavem-J&x Beach, LLC, a South Carolina limited liability company, hereinafter referred to as "Assignee." NOW,THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follcyws: I. Assignor hereby grants.conveys,assigns,transfers and sets over to Assignee, its successors and assigns, all of Assignor's rights, title, and interest in and to that certain Commercial Lease dated January 28, 1999,executed by 363 Associates, Ltd.(as assigned to Norshore, Ltd.),as Lessor,and Sticky Sixx, Inc., as Lessee, as assigned by that certain Assignment Agreement dated as of April 26, 2006, by and between Sticky Sixx, Inc., as assignor, and Sticky Ribhouse, LLC, as assignee, and as further amended by that Memorandum of Lease Renewal dated February 23, 2009, by and between Norshore, Ltd., as Landlord, and Sticky Ribliouse, LLC, as Tenant ("Collectively, the Lease Agreement"), for the premises known as Sticky Fingers located at 363 Atlantic Boulevard, Unit 1, Atlantic Beach. Duval County, Florida,the description of said Premises more fully appearing in the Lease Agreement. 2. Any security deposit now being held by Landlord is hereby assigned to the Assignee,and if such security deposit is returnable under the Lease Agreement,then it shall be returned to the Assignee at the conclusion of the term of the Lease Agreement. 3. Assignor agrees to indemnify and hold Assignee harmless from and against any and all losses., costs, liabilities, darnages and expenses, including,without limitation, reasonable attorneys' fees, accruing prior to the Effective Date and arising out of the Lease Agreement. i / 4. Assignee accepts assignment of the Lease Agreement and assumes from and after the Effective Date all of Assignor's obligations as Tenant under the Lease Agreement accruing frorn and after the EtTective Date,but not otherwise. 5. Assignor represents and warrants that: a. The Lease Agreement is in full force and effect and that no defaults exist thereunder as of the Effective Date hereof b. Assignor is a limited liability company duly organized and validly existing Linder the laws of tile Stale of South Carolina. C. Assignor has full power and authority to execute and deliver this Assignment and to perform its obligations hereunder. Without limiting the generality of the foregoing, the members of Assignment of Lease-Atlantic Beach-final(3).docx 3578671 Assignor have duly authorized the execution,delivery,and performance of this Assignment by Assignor. This Assignment constitutes the valid and legally binding obligation of Assignor, enforceable in accordance with its teri-ns and conditions. The person executing this Assignment on behalf of Assignor is duly authorized to do so. d. Neither the execution and delivery of this Assignment, nor the consummation of the transactions contemplated hereby will (i)violate any constitution, statute, regulation, rule, injunction, judgment, order,decree, ruling, charge, or other restriction of any government, governmental agency,or court to which Assignor is sul�ject or any provision of the Articles or Operating Agreement of Assignor, or(ii)conflict with,result in a breach of,constitute a default under, result in the acceleration of,create in any party the right to accelerate,terminate.modify,or cancel,or require any notice under any agreement, contract, lease, license, instrument, or other arrangement to which Assignor is a party or by which it is bound or to which the leased premises are subject(or result in the imposition of any security interest upon the leased premises). Assignor does not need to give any notice to, make any filing with, or obtain any authorization, consent, or approval of any government or governmental agency or any other person or entity in order for the parties to consummate the transactions contemplated by this Assignment. 6. If Assignor or Assignee is required to employ Counsel to enforce any of the terms of this Assignment or for damages by reason of any alleged breach of this Assignment or for a declaration of rights hereunder,the prevailing party shall be entitled to recover its reasonable attorneys' fees and court zz� Costs incurred. 7. This Assignment(a) shall be binding on,and inure to tile benefit of,the parties hereto,and their Successors in interest and assigns, (b) shall be governed by and construed in accordance with the laws of the State of South Carolina,and(c)may be executed in counterparts,each of which taken together shall be deemed the original. 8. Assignor agrees that Assignor will, at the written request of Assignee and at no cost, expense, or liability to Assignor, execute and deliver to Assignee all other and further instruments necessary to vest in Assignee any of Assignor's right, title and interest in or to any of the Lease Agreement. [Remainder of page intentionally left blank;signature page follows] 2 IN WITNESS WHEREOF,the parties hereto have set their Hands and Seals the day and year first above written. ASSIGNOR: WFN-k',9SFS: STICKY R1 H USE,LLC Alf 7 BY: ITS: ASSIGNEE- POE'S JAX B!r LC BY: ITS: Norshore,Ltd.,as Landlord,hereby consents to the above Assignment of the Lease Agreement by Sticky Ribliouse, LLC, as Tenant, to Poe's Tavern-Jax Beach, LLC as substitute Tenant, this day of March,2011. NORSHE)IkE,LTD. BY: ITS: 3