660 Mayport Road UBEX20-0007 (Quarterman) VOID USE-BY-EXCEPTION APPLICATION FOR INTERNAL OFFICE USE ONLY
City of Atlantic Beach FILE# L4e0C20
� - AI Community Development Department
800 Seminole Road Atlantic Beach,FL 32233
(P)904-247-5800
APPLICANT INFORM ION
NAME \,--k-oi‘lt•-hl.1E./ L Utall'(YrO0 EMAIL M 1a0ut1").,(H0-0@A-Nokt..►0l\•Ci1-A
ADDRESS ?0, '``1 (9, CITY C.l( Ci---6 flh\� e) STATE r1 ZIP CODE va "t6
PROPERTY LOCATION lolo PHONE# CELL# 4co3,3Sa3
RE# BLOCK# LOT#
LOT/PARCEL SIZE ZONING CODE UTILITY PROVIDER. C*RicYc,
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COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION
REQUESTED USE-BY-EXCEPTION ' uC ,Or\ X11 c u s t - j - Cp('1:..,D�'n /,6-Let \J(k\ c.1 tS.
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 guide on page 2 of this
application may be used if desired. Please address each item as appropriate to this request.
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1.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.
2.Proof of ownership:deed or certificate by lawyer or abstract or title company that verifies record owner as above.
3.If the applicant is not the owner:provide a letter of authorization from the owner(s)for applicant to represent the owner(s)for all
purposes related to this application.
4.Survey and legal description of property sought to be rezoned(Attach as Exhibit B).
-quired number of copies:two(2)copies of all documents that are not larger than 11x17 inches in size,if plans,photographs or
cok red attachments are submitted,please provide eight(8)copies.
6.Api lication fee of$400.00.
R•:Y CER1 IFY THAT ALL INFORMATION PROVIDED IS CORRECT: ign. ure of Property Owner(s)or Authorized Agent
SIGN'TUBE 6FAPPLICANT PRINT ORTENA E DATE
SIGNATURE OF APPLICANT(2) PRINT OR TYPE NAME DATE
Signed and sworn before me on this -ala day of rec r)153 4'-1y-b by State of o J Sof
['10Ni Q')E L cQ )p1KTF'ZmkCounty of nvy-1L
Identification verified: cCan L1 C't'ry S("
Oath Sworn: ❑ Yeso
ot.ry Public State of Florida
RNushi Panchal Notary ignature
.1•"stir My Commission GG 913163
@aM1Expires 09/15/2023 , y Commission expires ( / 15-1242_0
18 USE BY EXCEPTION 07.08.2019
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.
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2. Parking and loading spaces,cewhere required,with particular attention the items in(1)above.
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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.
4. Refuse,trash collection and service areas,with particular reference to items(1)and(2)above.
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S. Utilities,with reference to locations,availability and compatibility.
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6. If adjacent uses are different types of uses,describe type of screening and buffering that will be provided between your use and the
adjacent use.
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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).
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8. Requiredards and other open space,show building 1set_baQcks and area of open space on site plan.
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9. General compatibility with adjacent properties and other property in the surrounding Zoning District as well as consistency with
applicable provisions of the Comprehensive Plan.
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10.Other information you may wish to provide.
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18 USE BY EXCEPTION 07.08.2019
LESSEE:Monique L Quarterinan DBA SiCustornz Auto Sales,LLC.
LESSOR:C-Quesi Properties,LW,
FOR VALUABLE CONSIDERATION RECEIVED,LESSOR and LESSEE agree as Follows;
A. 1. PREMISES: Lessee leases from Lessor and Lessor leases to Lessee the property located at: 660 Mayport
Road Atlantic Beach FL 32233
B. Within the designated termed.area
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# 904-334-29&3(cell)as its Property Manager and Lessee shall direct all communications conouning
the premises to the Property Manager and shall mike all rental payments to C Queer 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 tens commencing on December l' 2020.
Any renewal options or other extension options,if applicable,are as described in paragraph 5 below—the
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
for Lessor if there be no Property Manager)by 5 pm EST or EDT,as applicable,on the 5'"day of the month for
which the rental payment is due, whether that 5`'' 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 5:00 pan. EST or EDT,as applicable,on the
5th day of the month for which they rental payment is due,whether that 5'1'day shall be a business day,Saturday,
Sunday or other legal holiday,shall cause Lessee to he 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 oast Rent shalt be calculated as fonows: together with all sales and use taxes levied upon the
use and occupancy of the leased premises,currently totaling 52.100.00 per month.There will be a Three percent
annual increase of this lease every year of the first Five year term,
Renewal option: Tenant may renew the Lease for a one year terns at a rate of three percent increase for the
next year's rent with option of extended term of.1 year.Tenant shall exercise such renewal option,if at all;by
giving written notice to Landlord not less than Thirty(90)days prior to the expiration of Initial Term. Landlord
shall have the right to refuse renewal after November 31st,2021,or if Tennant has been in default on any of the
terms of this lease during the prior term.There will be a Three percent annual increase of this lease every year
of the first Five year term.
6.SECURITY DEPOSIT:At the time of the execution of this lease, Lessee is depositing with Lessor the sum of
_S3,00O.00_on Deposit_ 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 hearing 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,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.Excluding water and sewer.
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. The portable offices and busses carport,
the overhead and underground utilities and all fencing.
10. MAINTENANCE OBLIGATION OF LESSEE Lessee shall be responsible for and shall maintain and
repair all plumbing,electrical, FIVAC systems,appliances,doors and locks and plate glass and windows of the
premises also slab leaks .wall leaks or any mechanical failures inside or under the building. 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 he liable to Lessor for all Lessor's
expenses incurred in discharging the obligations of Lessee on behalf of Lessee.
11, RISK OF LOSS: AU 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 ethers waives all right of subrogation against Lessor. The initial prescriptions of coverage by Lessor to
Lessee are: 5500,000.00 combined single limits. If the lessee fails to maintain and provide Lessor the above
noted insurance required,the lessor shall have the right to secure the necessary coverage and charge the lessee
for the premium amount incurred.
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 0! destroyed (whether by casualty or cOnde nmition 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 [307 days after the casualty or condemnation. if the Lessor elects repair or
restoration, the repair shall be completed within PRI 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 he entitled to any portions 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[15J 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 hens, 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 ail 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 mover from the nonprevailing party all cost of litigation,
including ail reasonable attorneys 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 triall
by jury in any dis>l rates ar isin out of>tit:fs lease andagree to submit all issues of law and
fart for decision by the ti due.
20.PERMITTED PARKING: in the designated fenced parking area.
2l.The Lessor shall have the right to DISTRAIN for rent.Meaning Lessor can enter premises at any time,seize
all machinery and inventory ;and change the locks; if Lessor 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: /0 /G' aid 2 C1
C-Quest Properties Le .C.
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