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11-03-2004 Morgan to Denison_UHaul Exemption for Signage and Landscaping FORD, BOWWS, DUSS, MORGAN, KENNEY, SAFER& HAMPTON, P.A. ATTORNEYS AT LAW MICHAEL BOWLUS JOHN S.DUSS,IV t 1 ROBERT A. FORD* TELEPHONE(904)268-7227 WADE MCK.HAMPTON" www.fjbd.com THERESA M.KENNEY STACIE L.C.MCELROY 10110 SAN JOSE BOULEVARD ROBERT M.MORGAN*** JACKSONVILLE,FLORIDA 32257 FAX(904)262-3337 ELIOT J.SAFER KATHERINE B.SCHNAUSS Sender's email: rmorgan0-)fibd.com 3652 CROWN POINT COURT DARDEN M.YERKES Sender's fax: 904-262-3337 JACKSONVILLE,FLORIDA 32257 FAX(904)880.5352 *RETIRED **ALSO ADMITTED IN GA November 3, 2004 RICHARD M.MORCAN,P.C."" ADMITTED IN TN OF COUNSEL,ATLANTA,CA **ONLY ADMITTED IN GA PRACTICE LIMITED TO VIA FEDERAL EXPRESS FEDERAL TAX MATTERS Mr. Bill Denison Building Official City Hall 501 U.S. Highway 1 North Palm Beach, FL 33408 Re: U-Haul Annexation/Exemption for Signage and Landscaping ("Exemption") Dear Mr, Denison:. To follow up the request of the Mayor and the Council Members, enclosed please find a draft and a redlined copy of the Exemption. Please note that I.have redlined the changes so as to show we have reduced, in the effort of showing good faith, the amount of time originally agreed . to for the Exemption from ten years to eight years. The City Attorney asked that I forward this to you so you could then forward to him this letter as well as the Exemption. Please have him contact me as soon as possible at 904-268-7227 so we can finalize the Exemption issue. Please advise when the next meeting is scheduled with respect to the annexation and any readings of the ordinance which include the Exemption. I look forward to hearing from you regarding this matter. I appreciate the courtesy that was extended during the meeting and I look forward to working with the City Attorney and the new City Manager. Please call with any further questions or comments. ery truly rs, Robert . Morgan RMM:cjr cc, w/enc.: Jim Fleischmann Robert F. Rennebaum, P.E. Cheryl Colbert Express Waiver of Signage and Landscaping Conditions("Waiver of Conditions") As a condition to U-Haul Co. of Florida, Inc. (the"Property Owner")consenting to the annexation.of its property(as more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference [the"Property"])into and to become a part of the Village of North Palm Beach,Florida(the "Village"),Property Owner and Village enter into this Waiver of Conditions as an integral part of any such annexation and provide: 1. For a period of eight(8)years from the date hereof(the"Term"),the Property is exempt from any codes, laws,rules or the like requiring the Property Owner to change,modify .or remove its current pylon signage (the"Sign") and landscaping(the"Landscape"), so long as Property Owner maintains the Sign and Landscaping in accordance with all Village laws,rules and regulations. It shall be conclusively presumed such maintenance requirement is satisfied so long as there is not recorded any evidence to the contrary in the applicable public records. This Waiver of Conditions shall be considered a.covenant running with the Property, subject to the provisions of Section 3. In the event any repairs,maintenance or replacements are necessary for the Sign or Landscape for any reason during the Term,Property Owner or its agents or successor(s)in interest to the Property may conduct such repairs and maintenance to permit the Sign and Landscape to remain in substantially the same condition and location as it is as of the date hereof. 2. Without the express prior written consent of the Village,neither the Property Owner nor Property Owner's legal representatives or successor(s) in interest by operation of law or otherwise, shall directly or indirectly assign or convey(excluding mortgages and security C interests to institutional lenders)their respective rights under this Waiver of Conditions, except as provided in Paragraph 3 below. 3. The Property Owner shall at anytime during the Term be entitled to assign,transfer or convey its rights under this Wavier of Conditions,without prior written consent of the Village,to any person(s)or entity(ies)which, at the time of such assignment, conveyance or transfer is engaged in or immediately following the assignment,transfer or conveyance intends (a)to be engaged in or(b)to use the Property in a substantially similar manner as the Property Owner and which is consistent with the use approval permitted by Palm Beach County,Florida under Petition No. 1978-054,which such Petition is incorporated herein by this reference as though fully set out in its entirety. r v F:\APPS\WP\DOCS\RMM\CLlENTS\UHAUL\waiverofconditions final 11-1-04.wpd Revised November 2,2004(9:28am) Express Waiver of Signage and Landscaping Conditions("Waiver of Conditions") As a condition to U-Haul Co. of Florida,Inc. (the"Property Owner") consenting to the annexation.of its property(as more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference [the"Property"])into and to become a part of the Village of North Palm Beach,Florida(the"Village"),Property Owner and Village enter into this Waiver of Conditions as. an integral part of any such annexation and provide: 1. For a period of tcmeight(1.68)years from the date hereof(the "Term"), the Property is exempt from any codes, laws,rules or the like requiring the Property Owner to change, modify or remove its current pylon signage(the "Sign")and landscaping(the "Landscape"), so long as Property Owner maintains the Sign and Landscaping in accordance with all Village laws,rules and regulations. It shall be conclusively presumed such maintenance requirement is satisfied so long as there is not recorded any evidence to the contrary in the applicable public records. This Waiver of Conditions shall be considered a covenant running with the Property, subject to the provisions of Section 3. In the event any repairs,maintenance or replacements are necessary for the Sign or Landscape for any reason during the Term, Property Owner or its agents or successor(s) in interest to the Property may conduct such repairs;and maintenance-or repiaceiiient to permit the Sign and Landscape to remain in substantially the same condition and location as it is as of the date hereof. 2. Without the express prior written consent of the Village,neither the Property Owner nor Property Owner's legal representatives or successor(s)in interest by operation of law or C ) otherwise, shall directly or indirectly assign or convey(excluding mortgages and security interests to institutional lenders)their respective rights under this Waiver of Conditions, except as provided in Paragraph 3 below. 3. The Property Owner shall at anytime during the Term be entitled to assign, transfer or convey its rights under this Wavier of Conditions,without prior written consent of the Village,to any person(s) or entity(ies)which, at the time of such assignment,conveyance or transfer is engaged in or immediately following the assignment, transfer or conveyance intends (a)to be engaged in or(b) to use the Property in a substantially similar manner as the Property Owner and which is consistent with the use approval permitted by Palm Beach County,Florida under Petition No. 19.78-054,which such Petition is incorporated herein by this reference as though fully set out in its entirety. i 611,i 4 @ PFDesktop\:MyComputer\F:\APPS\WP\DOCS\RMM\CLIENTS\UHAUL\waiver of conditions final 11-1-04.wpd Revised November 2,2004(9:29am)