HomeMy WebLinkAboutDocumentation_Regular_Tab 13B_04/08/1999~, T
MEMORANDUM
To: Thomas G. Bradford, Village Manager
From: Scott D. Ladd, Director of Community Development ~~
~/
Date: April 2, 1999
Subject: Notice of Appeal to Village Council for the Community Appearance
Board Decision Concerning the Dollar Tree Store Sign Application
on March 31,1999.
Tom, attached are nineteen (19) sets of packets, including an original, for the
above referenced subject. The section of the Code of Ordinances applicable to
this request is set forth in Section 7-4 (c) as follows:
"Any person aggrieved by a decision of the community appearance
board may file a notice of appeal with the village council by filing the
same with the village building official. Such notice of appeal shall
specify the action taken by the board and in what respect to his/her
application. The village council shall sit in open session as an
appeal board from the community appearance board at the next
regularly scheduled village council meeting or within twenty (20)
days of the notice of appeal being filed whichever is sooner, and
shall render an order within seven (7) days after so sitting, which
order shall either affirm the action of the community appearance
board, affirm it with modifications or reverse it. In the event the
aggrieved party has chosen the expedited site plan review process,
they may appeal directly to the village council at the special meeting
of the community appearance board and village council called for
such purpose. At the discretion of the village council, the appeal of
a community appearance board decision under expedited site plan
review procedures may be deferred to the next regularly scheduled
meeting of the village council."
Please place this item on the April 8, 1999, Council agenda.
(Quasi-Judicial Hearing
SDL/kli
x•
RICHMAN
GREER
WEII.
BRUMBAUGH
MIRABITO &
CHRISTENSEN
PROFESSIONAL ASSOCIATION
LAW OFFICES
Gerald F. Richman'
Alan G. Greer'
Kenneth J. Weil
John M. Brumbaugh'
Andrew J. Mirabito'
Bruce A. Christensen"'
Charles H. Johnson'"•
Gary S. Betensky
Diane Wagner Katzen
Manuel A. Garcia-Linares""
Carroll 1. Kelly
Mark A. Romance
Steven M. Brady
Lawrence H. Kunin
Kenneth L. Dobkin
Joseph F. Hession
Allie R. Hernandez
MIAMI OFFICE: Miami Center, Tenth Floor WEST PALM BEACH OFFICE: Phillips Point East Tower
201 South Biscayne Boulevard • Miami, Florida .33131 777 South Flagler Drive, Suite 1100 • West Palm Beach, Florida 33401
(305) 373-4000 • Broward: (954) 523-4297 • Fax: (305) 373-4099 (561) 803-3500 • fax 15611 820-1608
REPLY TO:
West Palm Beach
March 31, 1999
VIA HAND DELIVERY
t %il
Village of Tequesta Council
357 Tequesta Drive ~`'''~
Tequesta, FL 33469-0273
Re: Dollar Tree Stores; Inc.'s Application for Sign Variance. -
Appeal from March 31, 1999 Decision of Community Appearance Board.
Robert L. Floyd
Ray H. Pearson Ladies and Gentlemen:
Jeffrey D. Fisher
Of Counsel
' Certified in Civil Trial Law Please accept this letter as Dollar Tree Stores, Inc.'s ("Dollar Tree") Notice of
By The Florida Bar Appeal pursuant to Tequesta Code § 7-4(c) of the decision of the Community
•• Certified in Marital 8 Family Appearance Board dated March 31, 1999, concerning Dollar Tree's application
Law By The Florida Bar for a sign variance at the Tequesta Shoppes, 113 N. U.S. Highway One.
"' Certified in Wills, Trusts & Estates
By The Florida Bar
''•• Also, Certified Public Accountant At the March 31, 1999 meeting of the Community Service Board ("the Board"),
in Florida - Dollar Tree requested and applied for permission to display signs with green
MEMBER OF lettering as opposed to the uniform burgundy and white color scheme presently
COMMERCtAI LAW AFFILIATES in effect for the subject shopping .center. The Board denied Dollar Tree's
An association of independent
law firms with offices in application for a variance from the uniform color scheme at the Tequesta
principal cities worldwide
Shoppes.
Pursuant to Tequesta Code § ?-4(c), Dollar Tree requests that this appeal be
heard by the Village of. Tequesta- Council at its next regularly scheduled
meeting on April ~, 199y at 7:C~0 p.m. Ptease notify me to confirm that tine
appeal will be heard at that time. Further, should it be required that Dollar Tree
submit any information prior to the appeal hearing, please contact me
concerning those requirements as well.
Thank you for your anticipated cooperation. Please contact me directly with
any questions or comments that you may have.
r~'Sinc rel~v~
S. BETE
GSB:hml
cc: Wendy Thigpen (via facsimile and US Mail)
VILLAGE OF TEQUESTA
DEPARIMEN'T OF COb~vIUNTIY DEVELOPMENT
Post Office Box 3273 ' 357 Tequesta Drive
Tequesta, Florida 33469-0273 (561) 575-6220
Fax: (561) 575-6239
April 1, 1999
Bert Leib
City Signs
228 Hibiscus Street #7
Jupiter, FL 33458
Dear Mr. Leib:
Re: Community Appearance Board Review
Dollar Tree Wall Sign
113 U. S. One North, Tequesta
This letter is to confirm the action of the Village of Tequesta Community Appearance Board at
their meeting of March 31, 1999, acting on your application for a wall sign in a color other than
the approved uniform sign colors for "Dollar Tree" at 113 U. S. One North, said sign being green
face with white neon, as follows:
• The Board moved that the 24" channel letter wall sign and the pylon tenant panel must both
meet the uniform sign colors for the center. A copy of the approved uniform sign colors is
attached for your use.
• The Board approved the 12" X 48" under canopy sign in the Cyro 5021-0 Green, as
submitted.
This approval has no bearing or relationship to any other approval or permits which may be
required. Please feel free to contact me if you have any questions regarding this matter.
Very truly yours,
v3c~ D~ ~`i~/~(
Scott D. Ladd
Clerk of the Board
~mb
Recycled Paper
TELEPHgNE
AREA CODE 305.
746.7515
VILLAGE OF TEQUESTA
357 TEQUESTA DRIVE
TEQUESTA. FLORIDA
Aug. 1, 1986
Mr, Randy Hasifield
R. H. Properties
3725 S..E. Ocean Blvd..
Stuart, FL .33494
. Dear Mr. Hais£ield:
MAILING ADDRESS
P.O. BOX 3273 '
TEQUESTA. FLDRIDA 33458
Re: Application for Uniform Store Signage and
for a Free Standing sign for Tequesta Shoppes,
' 105 - 189 U.S. Hwy. #1, Tequesta, Florida
This letter serves as official notice of the action of the Village of
Tequesta Community Appearance Board at the July 30, 19$6 laeeting.approving
your application for uniform signage as follows: '
' 1. Burgundy cabinet sign with routed aluminum face
backed with white plexiglas, internally illuminated.
2. Letter styles #1 and #5 as shown on the approved. .plans.
The Board also approved your application for a free standing-entrance
sign as follows:
1. IIelete the the on the face of the sign. '
'RffY1SE D /~T
3'I~~BrO e~f~.~ --~ 2. Add color band of burgundy/white/turquoise at the
~~~'~~~~ Ta top of the column.
/lf /7L'~ $/P~0
Also, please be advised that this approval has no bearing or relationship
to any other approvals or permits which must be obtained. Scott D. Ladd, ,the
Village Building Official, should be contacted in this regard. .
Very truly .yours,.
VILLAGE OF TEQUESTA
COMMUNITY APPEARANCE BOARD
,~~ n. ~~~
Scott D. Ladd
Clerk of the Board
JMS
cc: Chairman, C.A.B. /
Building Official ti"///
~~
~ ~-s
TEQUESTA CODE
$ 7-4
If any application is disapproved, the community ap-
. pearance board shall detail in its findings the criterion
or .criteria that are not met. The action taken by the
. ~ board shall be reduced to writing,. signed by the chair-
man and a copy thereof made available: to the applicant
_ : , ~~ ~.' upon xequest. (Ord. No. 208, § 3, 4-24-73)
• • • dec.' 7-4'. Meetings; records; approval of plane; .appeals from
board, decision. ,
(a) The community appearance board shall meet at the call of
the chairman in order to consider applications pending without
unnecessary delay. All meetings shall be open to the public and
the order of business and procedures to be followed shall be as
prescribed within the rules and regulations to be adopted by the
board.
A ms~jority of the board shall constitute a quorum. and the
affirmative vote of a majority of the board present shall be
necessary for any action thereof.
The village manag®r is authorized and empowered to appoint a
clerk of the board. A record of the proceedings .of the board shall
be kept, showing its actions on each question .considered. Such
records shall be Filed in the oft'ice of the clerk of the community
appearance board and shall b.e apen for public inspection.
(b) Failure o#'the board to take final action within fifteen (15)
days of sufficient plans and specifications being filed with the
board shall constitute approval of such plans and specifications
by the board.
(c) Any person aggrieved by a decision of the community
appearance board may file a notice of appeal with the village
council by filing the same with the village building official. Such
notice of appeal shall specify the action taken by the board and in
what respect to his/her application. The village council shall sit in
open session as an appeal board from the community appearance
board at the next regularly scheduled village council meeting or
within twenty (20) days of the notice of appeal being filed,
whichever is sooner, and shall render an order within seven (7)
days after so sitting, which order shall either affirm the action of
4 7-4 COMMUNITY APpEAIiAN~E SOABD $ ,?-5
the community appearance board, affirm it with modifications or
reverse it. In the event the aggrieved party has chosen the
expedited site plan review process, they may appeal directly to
the village council at the special meeting of the community
appearance board and village council called for such purpose. At
the discretion of the village council, the appeal of a community
appearance board decision under expedited site plan review
procedures may ~e deferred to the next regularly scheduled
meeting of the village council.
(Ord. No. 208, § 4, 4-24-73; Ord. No. 506, § 1, 10-12-95)
Sec. 7.5. Effect of article and board approval of plane.
' The requirements of this article are in addition to any other
requirement of this Code such as the zoning ,code and the
building code. Approval by the community appearance board
of a given .set of plans and specifications does not necessarily
constitute evidence of applicant's compliance with other re-
quirements of this Code. (Ord. No. 208, § b, 4-24-73)
Sec. 7.6. Supplemental criteria and procedural rules of board.
(a) General requtire~ments. The general requirements are
minimum esthetic standards for all site development, buildings,
structures, or alterations within the village except in Districts
R1A and Rl. It is required that site development, buildings
or alterations with the sole exception of Districts R1A and Rl
show proper design concept, express honest design construction
and. be appropriate to the surroundings.
(1) Buildings or structures which are a part of a present
or future group or complex shall have a unity of charac-
ter and design, a relationship of forms and the use,
texture and color of materials shall be such as to create
an harmonious whole. When the area involved forms an
integral part of, is immediately adjacent to or otherwise
clearly affects the future of any established section of
the village, the design, scale, and location on the site
shall enhance rather than detract from the character,
value, and attractiveness of the surroundings.
Supp. No. 25 418
Supp. No. 25 419
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VIRGINW BEACH, VIRGINIA 23452 saLESMaN ~~~ s7'7~LU~~Gt
t19N CRRPORATIRM X7571486-3412 FAX~757kB8-7658 CLR7~ITAPPROVAL
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CARDINAL SIGN CORPORATION DOLLAR TREE DOLLAR TREE STRIP CENTER
2629 DEAN DRIVE 500 VOLVO PARKWAY STRIP CENTER LOCATION
nt ~ VIRGINIA BEACH, VIRGINIA 23452 CHESAPEAKE, VA 23320 ANY TOWN, U.S.A.
~/ •PHONE: (757) 4863412 ~ ~
•FAX: (757) 486-7658 13190
ilia 60iPORATIOM • ACCOUNT EXECUTIVE: GREG STALLINGS
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VIRGINIA BEACH, VIRGINIA 23452 SALESMAN G.¢r.G. S7T~Glr.,rG.I Uou_.oR r.¢~G' !,r /29~ T6'~(1GlT~9 SHOI`Q/'
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Regency Realty Corporation
CONSENT LETTER
To Whom It May Concern:
I, Mary Kingston, Property Owner/Landlord of the property located at 105 -189 U.S. Highway
#1, Tequesta, Florida do hereby give authorization to Cardinal Sign Corporation or its Agents to
erect a sign(s) at the above named location. I fully understand the current Construction Lien
Laws and authorize said contractor to file a Notice of Commencement enabling the contractor (or
authorized Agent) to sign and notarize permit application(s) as Owner/Agent.
By:
Landlord/Pro a Owner afore
Print Name Here: Mary Kingston
Owner/Landlord Address:
6240-8 West Indiantown Road
Jupiter, Florida 3348
Phone: 561-748-0230
NOTARY: Acknowledged before me this ~~ day of ~rrmr~6c-,• ,1998.
Notary Public, State of Florida
NNI..,I, CAFiRiE E. PAYNE
ExPir~s:.anuur ze, zoox
• ,~„~.~~ 8ondla ThN Nobry R~hIC lMidMwdlM~
Licensed Real Estate Broker
6240-8 Wesr Indiantown Road Jupiter, Florida 33458 Tclcphone 561-748-0230 • 800-950-1187 Fax 561-748-0280
Int. Cl.: 35
Prior U.S. CLs.: 100, 101 and 102 Reg. No. 2,195,920
United States Patent and Trademark Office Ite~t~a oM. I3, I99s
SERVICE MARK
PRINCIPAL REGISTER
~ ~ r~~~
DOLLAR TREE STORES. INC. (VIRGINIA
CORPORATION
2555 ELLSMERE AVENUE
NORFOLK. VA 23513
FOR: RETAIL VARIE'T'Y STORE SERVICES.
IN CLASS 35 (U.S. CLS. 100. 101 AND 102).
FIRST USE i1-0-1991; IN COMMERCE
t1-8-1991.
OWNER OF U.S. REG. NOS. 1,654,110,
1.760,481, AND 1,760.482..
NO CLAIM IS MADE TO THE EXCLUSIVE
RIGHT TO USE "DOLLAR", APART FROM
THE MARK AS SHOWN.
THE DRAWING IS LINED FOR THE COLOR
GREEN.
SER. N0.7S-375,010, FILED 10-17-1997.
HAE PARK, EXAMINING ATTORNEY
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Maintenance Requirements
Section 8: This registration will be cancelled after six (6) years by the
Commissioner of Patents and Trademarks, UNLESS, before the end of the sixth
year following the date of registration shown on this certificate, the registrant
- files in the U.S. Patent and Trademazk Office an affidavit of continued use as
required by Section 8 of the Trademazk Act of 1946, 15 U.S.C. §1058, as
Amended. It is recommended that the Registrant contact the Patent and
- . Trademark Office approximately five years after the date shown on this
-' ".~:`_ -~ --! registration to determine the requirements and fees for filing a Section 8
affidavit that are in effect at that time. Currently a fee and a specimen showing
how the mark is used in commerce are required for each international class of
goods and/or services identified in the certificate of registration and both must
be enclosed with the affidavit.
Section 9: This registration will expire by law after ten (10) years,
UNLESS, before the end of thetenthyearfollowingthedate ofregistration shown
on this certificate, the registrant files in the U.S. Patent and Trademark Office
- - an application for renewal of the registration as required by Section 9 of the
TrademazkAct of 1946,15 U.S.C. §1059, as Amended. It is recommended that
the Registrant contact the Patent and ZSrademark Office approximately nine
years after the date shown on this registration to determine the requirements
and fees for Cling a Section 9 application for renewal that are in effect at that
'-' --~ ~ ~' _~~ : "' time. Currently a fee and a specimen showing how the mark is used in commerce
are required for each international class of goods and/or services identified in the
certificate of registration and both must be' enclosed with the application for
- renewal.
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CERTIFICATE OF REGISTRATION
PRINCIPAL REGISTER
..The Mark shown in this certificate has been registered in. the United States
Patent and Trademark O,~ce to the named registrant
The records of the United States Patent and Tlnrdemark O,~'tce show that
an application for registration ojthe Mark shown in this Certificate was filed in the
O,~ce, that the application was examined and determined to be in compliance with
the requirements of the law and with the regulations prescribed by the Commissioner
of Patents and Trademarks, and that the Applicant is entitled to registration of the
Mark under the Trademark Act of 1946, as Amended
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A copy of the Mark and pertinent data from the application are a pars of
this certificate.
This registration shall remain in force for TEN (l0) years, unless
terminated earlier as provided by law, and subject to compliance with the provisions
of Section 8 of the Trademark Act of 1946, as Amended
Commissioner of Patents and Trademarks
Ir~
HOFI~'IlV~R NUSBAUM~ P.C.
DOMWION TOWER. StmE 1700
999 WwTERSIDE DRrvE
POET OFF7GE BC9C 346U
NORFOIiC. VIRGpdIA 235143460
.~ Mr. James Holyfield
Dollar Tree Stores, Inc.
Director of Store Construction
500 Volvo Pazkway
Chesapeake, Virginia 23320
December 15, 1998
Re: "Dollar Tree" with Green Lettering Service Mark
Registration No. 2,195,920
Dear Mr. Holyfield:
TE1~t1oNE (757)822-3366
FAGS¢,wE (757)629.0660
IIVrF~rIET: www.hNaw.com
BETH HIRSCH HERMAN
DIRECT: (75'n629-0G04
E-MAIL: bbertnanQhnlaw.com
• - ~ Enclosed find a copy 'of the certificate ° of~ registration issued for "Dollar Tree" with green
lettering. Although the registration was not issued until October 13 1998, for enforcement purposes you
may rely on the filing date shown on the certificate, which is October 12, 1997. We hope this will assist
you with efforts to require shopping centers to allow Dollar Tree to use green lettering on its signage.
Please call if you have any questions or need additional information.
Sincerely yours,
Beth Hirsch Berman
BHB/mrf
Enclosure
zL~.w.l
MEMBER GOMMERGIAL LAW AF'FlIJATES
AN ASSOCIATION OF INDEPENDEM' LAW FlRMS
TI IN-74-1998 t F+: Sd Hf1FHF I hIFR NI ISAAI IM PC' 7S7F?9G~F,A P. A4/GW
HOFHEIMER NUSBAUM~ P. C.
Mr. James Holyfreld
June 24,1998
Page 2
municipalities to allow Dollar Trcc to display its name in green notwithstanding focal ordinances to the
contrary.
The recent case of Blockbuster Videos. lnc. and Video Update, Inc. v. City of Tempe, is
instruedve on this poiat. The City of Tempe using zoning ordiuallce~ tliarl to cx>Impel Blockbuster Video
and Video Update do modefj+ the display of their service marks. Video Update's mark included the cola
rod. the Citcutt Gourt of Appcats sustained an injunction utquiring the City of Tempe to allow Video
Update to display its sigas in red even tUou¢h such a display consisted with the C:;ty!c ginning
requirements.
Since Dollaz Tree is in the same situation as Video Update, that is, it has a mark that includes
flit color Win, it wcwld be unlawtltl fbr any city, governmental agency or political spbdivision to
require Dollar Tree to use a color other than green on its signs.
Also, municipalities can not avid t}~r. rrgnirtments of the Lanham Act by claiming shopping
centers determine their own signage requirements. In the Blockbuster/Video Update case, Tempe's
ordinaaoe only required that all exterior argue in a ~uHric/g t;Crllet canfbrm to the eentez's sign package.
The shopping center owner created a sign package with white lettering on a turquoise background. It
was approved lty'1'empe. Video Update wanted to use red lettering. The Appeals Court ordered Tempe
(and the shopping confer) to allow Video Update to use red lettering Althougfe Tempe did not require
the whets lettering on a tutquoise background, it had approved the shopping center's use of those colors
and it required that ail the lettering st the shopping vant~ be uniform. Since 9u Court fuuud Illo Lanham
Act precluded Tempe eom enforcing the uniformity requirement, Video Update was permitted to use
;teal 1nUcaing. Based on that holding it is clear Lollar •1•rcc eattttot be required to use any cobr other than
green, even in a private slwpping enter, if the requirerneot imposed by the shopping center is designed
m meet uniformety niandntes established by govcmment law, regulation or otdi»anee.
Sincerely yours,
B~eth~H/irnc:h Re:rmalt
/5I~'i K -C Q ~ie7 (r
BI~/mrf
1%119.1
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Juke 24,1998
zZo
Mr. James HolyHeld
Dollar Tree Stores, Inc.
Director of Stop Conshuction
Sfl(1 Volvo Parkway
Chesapeake, Virginia 23320
Iite: Dollar Tree's Service Mark with Green Lettering
Dear Mr. Holyfield~
tLLRpBOt~'It (7'671l12Sk'1.~1~
FEE (76ne~06e0
w~(: wwwlrilaw.aorn
HE'IN HIRSCft BERMAN
DIRECT: 17S7~8B40604
~-M!'ill.: bbamgn(g2Mlaw.cam
Aa you lm~w Dvllau Trr~ Ste~rea, Inc. ("Dollar Tree") is the owner of the service mark "Dollar
Tree," rcgistratioa number 1,760,482. Since 1991, Dollar Tme has displayed that service mark uc;ng
distinctive green lettering which the public Naas corns to associate with Dollar Tree stores.
On October 17, 1997, Do]lar tree filed application number 75-375010 with the United States
Patent and Trademark Offioe ("P'I'O'~ for a service u,arlc of the bollar Tree lettering with its distinctive
green color. As of May 21, 1998, the PTO examiner had approved the application 6or the Qreen
ICttCring. This means Dollar's its has a protectable se><vice mark in the words "Do]lar Tne" with green
lettering.
Under the federal law la><otwn as the Lanham A•ct, 15 U.S.G. §1121(b~ no state or municipal
government or any political subdivision or agency of such government, may require that a registered
~'Ic be diaplAy+cd iu ar-y manner that differs from the mark as issued by the PTO. When described in
a registration colors constitute part of a mark.
Typically disputes with lcx~.al $ov(~rments: erica when they attempt to apply zoi-it~ ordinances
to require a company to tnodii~r its mark as displayed by imposing color or design requirements that
~r fC0'm file regiatcrcd mark. T7ie wuria that havE had occasion to resolve these disputes have ruled
the Lanham Act takes precedence over and thereby preempts state and municipal Iaws, including local
zoning ordinances. 'lheretbre according to the courts, any municipality that attempts to require a
company to display its siRp in a form or color that di fFena f~c-m the registQStd mark is preoludcd by law
from doing so.
As discussed above, Dollar Tree's service mark with the green lettering has been approved by
d'o I'TO• T]ierel'urC Ifnecessary Dollaz 7~ree shou]d be able to obtain permanent injunctions requiring
196219.1
MEMFIEIt cot~IMERC(a. L~waFFll.lwrnc
~ /tiseocuenoK ar It~WE~VOQN7- !J-w P1aMy
'I M-?4-199A 1 f, : S~ Hf1FHF 1 MFR NI I.~,RAI IM PC' '7S7f,~901F,F,R P . Ll?/tl4
HoF~;~~t .. Nvs~u~vr, ~.~.
Ai70Rl`J~`!'3 .~IVG C.'~~U1~5El~ieS AT :.A~,~J
Do-Y@ppN 1bWr3i, 3urt'¢ [700
~4 Wi~rpt tJetiv~
P~osl' Ott RaC 3RD
NoR1K)I.K. VYIGC~ItA ~tl614.3sAff
June 24,1998
Mr.-James HolyAeld
Lollar'liee Stores, Ync.
Director of Store Consttuctian
S00 Volvo Parkway
Checapes-Ice, Virgiisia 23320
Re: Dollar Trees Service Mark with Green Lettering
Dear Mr. Holyficld:
TiRFJw~~ l7E7IQ3~~3980
~ r767)8t29O86p
ali!'~r: www.tWaiw.com
DE'1tt HIRSCH tjCFtMAN
DIttECT: f7~7)884O6p4
E•hfAtt.: bb~'rm~n(~htllow.co~
Pursuant to our convetisation, enclosed please fwd a copy of the letter you requested in refierence
m tJia abe)va If the IettCr appears satisfactory w~c will forward you the original. If you have any changes
to tl:e letter, please let tme know.
Sincerely yours,
~J~~-
BCt~1 H1Y8Ch BCriT~II
BHBITY1rf
~r1C1oSt1rC
te~c~~ i
M~16ER C.c'1MM6l2C.IA[_ ~rwn~7t.u~T~
p"'' ~oc~nnoN ~ Wc~mvoF:Kr uw t=naHs
11-20-1998 3:59AM FROM REGENCY REALTY 561 221 8440 P.2
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