APPLICATION
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City of Boynton Beach~ Florida
Planning and Zoning Board
This application must be filled out completely and accurately and
submitted, together with the materials listed in Section II below, in two (2)
copies to the Planning Department. Incomplete applications will not be
processed.
Please Print Legibly or Type all Information.
I. Es~~8eb_!~EQB~BIIQ~
1. Project Name:
Cross Creek Centre
2. Type of Application (check one)
-------- a,. Rezoning only
-------- b. Land Use Amendment only
X c. Land Use Amendment and Rezoning
--------
3. Date this Application is Accepted (to be filled out by Planning
Departm€mt) :
4. Applicant's N~me (person or business entity in whose name this
application is made):
Steve Rhodes, D.R. Associates
Address:
515 N. Flagler Drive, Suite 501
West Palm Beach, Florida 33401
Telephone 833-1515
Number:
5. Agent's Name (person~ if any, representing applicant):
Address:
__. ~~.~;_~ ~~~.~)_~ ~ ~t!...!-~!!~ _R~_~ ~~ r:.~~ _ ~~~aJ ~~! ~t~ _! ~~._. _ __ __ _ _ __ ___ __ __
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West Palm Beach, Florida 33409
Planning Department 1-86
page 1
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Telephone
Number:
6B6-24B1
6. Property Owner"s (or Trustee"s) Name:
R. Marshall & Gretchen Brown. James & Joanne Hart. Frances & Mildred
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Astorino and Dominic Palombo
Address:
--------------------------------------------------------
!.:~:.y~~_~~~_~!:.~e..!'__ !!:.:.e_~J!~~~!!~~s~~~~':..._~~~~sl~'!.~~~a_!~~03_____
Telephone !~~~~~~~~~~~~_~6]:~~~~____________________________________
Number:
7. Correspondence Address (if different than applicant Dr agent):*
-------------.-------------------------------------------
--------------------------------------------------------
* This is the address to which all agendas~ letters, and other
materials will be mailed.
8. What is the applicant's interest in the subject parcel?
(Owner~ Buyer, Lessee, Builder, Developer~ Contract Purchaser, etc.)
Contract Purchaser
-----------------------------~------------------------------------
9. Street Address or- Locat i on of Subject Parcel: Jk).r!!:LSj..9~_q..f_].QYl'l1:91L
__~e~~~_~o~~~~~j_l ~~_B~~l!..~.PE!:.~J.'!1!!~lJ'_~Q.~J~~~_e~~ !_CLf_.f:.Qnsr~~~_~V~l'!!~____
10. Legal Description of Subject Parcel:
---------------------------------------.-----------------------------
------------------------------------------.--------------------------
SEE EXHIBIT "A" ATTACHED
--------------------------.-----------------.---------------------------
--------.-------------------------------------..-.-------.-----------------
------.------------------.-.------.-.-------....---------------------------
11. Area of Subject Parcel
(to the nearest hundredth (1/100) of an acre):
4.715 acres
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Planning Department 1-86
page 2
. 7
12. Cur rent Z on i n 9 D i ~; t r i c t : _R.~:t____________________________________
13. Proposed Zoning District: fl~W~g_~o~~~rg~J_~~~12~~~n~______________
14. Curren t Lan d Use Cat eg ory: HjJltLD~n.~ij:..Y_B.~sJ~~!lti..~l_________________-_
15. Proposed Land Use Category: Lo=-~_~.:~~i~_~c:..m~:~=~~________,____________
Planned Commercial Development with professional
16.
Intended Use of Subject Parcel:
------------------------------------------------------------------
office/general retail mix.
-------------------------------------------------------------------
17. Developer or Builder:
D.R. Associates (Steve Rhodes), Developer
-------------------------------------------.-----------------------
18. Architect:
------------------------------------------------------
Eugene Lawrence, The Lawrence Group
19. Landscape Architect:
Robert Bemtz, Land Design South
20. Site Planner:
Eugene Lawrence
21.
Civil Engineer:
Ken Rogers, P.E.
..........
,..::...
Traffic Engineer:
Ken Rogers, P. Eo
23. SL,rveyor:
O'Brien, Suiter & O'Brien
---------------.--------------------------------------------
II. ~BI~Bleb~_IQ_~~_~~~~IIIsQ_~II~_BEE~I~eIIQ~
The following materials shall be submitted, in two (2) copies.
(check)
a. This applicationfor-m.
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b. A copy of ,the last l"'F.'corded war-ranty deed.
c. The following documents and letters of consent:
(1) If the pr-oper-ty is under joint or- several owner-ship: A written
consent to the application by all owners of record~ and
(2) If the applicant is a contr-act pur-chaser: A copy of the
purchase contract and written consent of the owner and seller~ and
(3) If the applicant is repr-esented by an author-ized agent: A copy
of the agency agreement~ or- wl"'itten consent of the applicant~ and
(4) If the applicant is a lessee: A copy of the lease agreement,
Planning Department 1-86
paq(.? 3
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(b) Existing and proposed grade elevations.
(c) Existing or proposed water bodies.
(d) Form of ownership and form of organization to maintain common
spaces and recreational facilities.
(e) A written commitment to the provision of all necessary
facilities for storm drainage, water supply, sewage collection
and treatment, solid waste disposal, hazardous waste disposal,
fire protection, easements or rights-of-way, roadways~ recreation
and park areas, school sites, and other public improvements or
dedications as may be required.
(11) For rezonings to planned zoning districts, the specific
requirements for submission of applications for rezoning to such
districts shall also be satisfied. Furthermore, all materials required
for a subdivision master plan shall also be submitted.
I I 1.
aEE~l~BI!Q~_E~~~~ Fees shall be paid at the time that the application
is submitted, according to the fees which have been adopted by
ordinance or resolution. The Planning Department will inform the
applicant as to the fees which are required. All fees shall be paid by
check, payable to the City of Boynton Beach.
IV. ~~BI!E!~BIIQ~
(I) (We) understand that this application and all plan and papers
submitted herewith become a part of the permanent records of the
PI anni ng and Zon i nq Board. (1) (We) hereby cert if Y that the above
statements and any statements or showings in any papers or plans
submi t ted here~.Ji th en-e true to t.he best o.f (my) (our) knowl edge and
belief. This application will not be accepted unless signed
according to the instructions below.
__~ff.lr.._~-'P-_~~__~k~6tJ /..IZ~
Signature of Owner(s) or Trust.ee,
or Authorized Principal if property
is owned by a corporation or other
business entity.
---------------T--
Date
V.
6YI~QRI~BIIQ~_Qf:_A~~NI
Si9;;~~f~d-A9;:;;:;t---
(1) (We) hereby d~2signate the above ~-:;iqned pc-?rsCln
nt with regard to this application.
___!~1~~~______
D a t l'?
as (my) (our) author i z ed
Owner(s) or Trust.ee,
_.__Jg-'_tl~~_________
Date
Signa ure
Planning Department 1-86
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October I, 1986
Plarming Deparbnent
200 N. Seacrest
P.O. Box 310
Boynton Beach, Fla. 33425
Re: Land Use & Rezoning Petition, 4.7 acre PCD, N/S Boynton Beach Blvd.
. just East of Congress.
To Whan It May Concern:
I agree, as sole contract purchaser and eventual owner of the above-
referenced property, to abide by the tenns of the contract and to
abide by any and all conditions of approval imposed by the Boynton
Beach City Ccmni.ssion.
Sincerely,
Steven Rhodes
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Page 9 of 21
F
AFFIDAVIT
~'
STATE OF FLORIDA
COUNTY OF PALM BEACH
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"i '. , I BEFORE ME THIS DAY PERSONALLY APPEARED Kevi n
McGinley , WHO BEING DULY SWORN, DEPOSES
AND SAYS:
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'cn'f~; , ~hat the accompanying Property Owners List is, to the best
",l.L". " of his/her knowledge, a complete and accurate list of all
.,.\, ; property owners, mailing addresses and property control
, '" :~'." numbers as recorded in the latest official tax rolls in the
,'J :.:; County Courthouse for all property wi thin fO.ur hundred
"'(.i> '-400) feet of the below described parcel of land.
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The property in question is legally described as follows.
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SEE EXHIBIT "A" ATTACHED
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FURTHER AFFIANT SAYETH NOT.
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me this I day of ~~
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My ~~~~B3SJton Expi res:
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Notarv Public. State of Florida
My Commission Expires lan, 23. 1988
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dunded fhru fro\( fain. I.....,..:....f'... tAt
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Boynton Beach City Council
Ci ty of Boynton Beach
200 N. Seacrest Boulevard
Boynton Beach, FL 33434
To Whom it May Concern:
We, the undersigned, are the owners of the below described
property:
See Exhibit "A" attached hereto
and we do hereby allow and authorize Steve Rhodes or his duly
appointed representatives or agents to take all actions necessary
to rezone the above described property. .
We understand that such actions will include:
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land use change, rezoning, site plan and permit applications
and that such approvals may require Mr. Rhodes' consent to special
conditions imposed by the Boynton Beach City Council.
A9r.-eea, to: .'. '/f
(JiiwJx" (jI:f/h;
JAMES . HART
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DOMINI 51' PALoMBo
f~d ~
FRANCISA. ASTOR}NO
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GRETCHEN F. BROWN
E~~ R. MARSHlIIt9BRCMN
Bvv /1~..J0t//~71
I J., :DVNCAN BR,?WN, per so\:lal
V represent-el~~7 \
By: ~t/?~~~
DONALD M. BROWN, personal
representa tiv e
._--.-----~-._---
LEGAL DESCRIPTION
Exhibit nAn
t. 1\ eel till 11 .lliln"(:'l uf
( 43 I'~.,st, Ci ly of Iloyntnn
; described aG Collow!';:
H';' I PI'ClI ~'l f'/ ill: ;('f'l i Of\ J", 'I'P,...11~~/i i [' .)', :;"11' II, It.l)( If'
I~ildl, ('"lrl1 I'l:",('/i ('(ltlll";, I'll): idol, IlK 11'", pitt j(:111.1I1','
PI an the NIJl t h".,-r'~ I C" 'l'1l0r PI' ~;('d i '.\II I", '1'. 'v'I\~;t Ii!, .1". :;(111 I II, l{dll'lt' .1 ~ I':"~~':,
Palm Beach County, 1-'101 i.r1,-, !"till Nllrl'h a7'l,\ \'llH"I:,'I:.\ "j"l"/ '111~ N". III 'inr=' 111 ~;"irl
,Section 29 (l di~t.il.nl,(, nf 7Br\,lll l"d t'l 11,1' !,r.jlll (if rV'llinllill<f ;md Ihe r.J"rl.lr";I'st
corner or t he hen:! i n dcscr iI nl P;ll r'/" I ..nil f i 1111'" f 11('1]('1: ..I llll< r lit" NI)1 111 Jill" of ~,Ii' 1
Section 29 Nort'h R704J',1n''r:.,~t C1 dj~;t'.,)Ilr'C' "f Il';(i,!);>' 11'01' In 'hI' '"('lllr~rJill" r,f
I...."\ke W:>rt-.h t>r-nirvlfW pir.tl'iC't Ci"lllnl 1:-4 tlt"n(~ f;'lllth ,2"0')"',1\" I-:il~t~ <lInn'! till' c".'IlI('I'lill'~
of snid Cannl J.:-4 n dir;lnllce of 17.t,fQ f('<~", 11'''1('' nr If'!;s, tn t110 ("'~nU!rlil1c ()l
Stt'lte Road S-R04 i'!; ~"'llr in rer.nnlrdi Jl I:c.)".\ I' h' (',nnk }, ";l(,r''' ~! 17 t hi ()\1' 111 ;uo,
Public Records of Pi'\lJ11 P.(~"d, County, Flol j(b "1'~11"(' ~~rrl'l1 fl( ';'1'(H)"\*'~l ,,1on'l lilt:'
centerline of ~ai,l St"t'c H')."l S-HOr1 ., di~lmwl~ pf 1 I ",() ,1)2 f('(.t, t!l('IWP tJorth
2005'54" ~st "distcm<..Y' of 271.1') f(,rot-, [rrw" 'x jr'~~s l'n t hI! I'c,jnt (II 1',," linnillq,
LF'BS t1~ r';<-lr;t 7~1 f('(;t t-hcrcof frlJ' H \.,' of L.\'J,ll.ll. \ ":m;, I 1-:-/1, T\10i.1lJ:SS the
North.t" feet t'tK'rmf for. H;ivof L.\J.fl.Jl. (';lJl"j 1.--2.t, /\1.1\) TI1~~.) )'I:~:~:~ 1.110 ~;'Jul.h ',]
feet ther(!'()f for Rl\v of St ntf"' Hn<1rl S-HllIl "!~ ~"q(,'lIl ill J!n.,rl I'lnt Ililok ') ,It P;"j'.I'?
220. Publ ic Hecord~ of I'n1m I ~~ch ('r II III I. y, l'lOJ..i d,"'\ ,
Cont:l1inh~l .,. 7/5, "Cl(,!~, morc nr 1 r~:(;.
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11ARRANTY ormD
between
TillS INDENTURE, made this r;;71'I day
EMIL ~L\SSARO and NINA ~~SS~RO, his wife
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i! of the County of Broward, Stnte of Florida, grantors. and
R. P.~~S"^LL 9ROI1N and GltETCIIF.N r:, BROWN, his wife,
as to an undivided one-fourth interest: 1l0r-UNIC
PALOM~n, a~ to an undivided one-fourth interest:
JAm:'. ;'1. Jll\RT and JOANNE HART, his wi fe, as to
a~ ...ivided one-fourth interest: and FRANCE5 A,
^::..\IRINO and mLDRED S. ASTORINO, his wife as to
an undivided one-fourth interest.
whose post offtr~ address is P.O, Box 4535, Green Tree West,
Pittsburg. '~nnsylvania ]S205, grantees.
~ITNESSETII, That said grantors, for and in consideration of the
sum of ($10,00) TEN AND NO/IOO------.---..--------..--.Oollars,
and other good and valuable considerations to said grantor in
hand paid by said grantee the receipt whereof is hereby
acknowledged, has granted, bargainrd nnd sold to the said grantee,
and gr3ntee's heirs and assigns forever, the following described
land. situate, lying and being in Palm Beach County, Florida.
to wit:
of July. 197:5
sun-PARCEL. "0-1"
A certain parc~l of real property in Section 29,
Township 45 South, Ran~e 43 East, CITY OF BOYNTON
BEACII, Palm Bea~h County, Florida. more particularly
described as follows:
From the ,'.lrthwesl: cornrr of Section 29, TO\~nship 4S
South, Range 43 I:ast, I'alm Reach COllnty, Florida,
run No. h 87043'48" East ;don~ the North] ine oi
said S~~tiQn 29, n distance oi 784,38 fp.~t to the
Point of Reginning and the ~urthwest corner of the
herein described parcel: continue t~cnce along the
North line of said Section 29 North 8704l'4R" East
a distance ~f 1156.02 feet to the centerline of Lake
Worth Ilrainnge District Canal E~4: thence South
2005'54" East along the centerline of sai<l Canal E'4,
a distance of 274,82 feet, more or less, to the
centerline of State Ruad S-804 as S~~e is recorded
in Road Plat B~"k 2, rH~es 217 through 220, ?ublic
nccurds of Palm neach County, Florida: thence South
87054'06" West along the centerline of s;-aid St:1te
Road S-804, ;-a dl5tance of 1156,02 fcet: thence Nurth
2005'5.1" ''''cst " distance of 271.35 f~c~, more or less,
to the POINT OF BEGINNING,
sun-PARCH "W-l"
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A certain parcel of rc~l property in Section 29,
Township 45 South, Ranj!e 43 East, CITY OF BOYNTON
BEACII. Palm Beach County, Florida, more particul~rly
described as follows:
From the Northwest corner of Section 29, Township 45
South Ranj!c 43 East, Pa!m Ilc:\ch County, Florida, run
North'87043'48" East aloll~ the North line of said
Section 29, a disthnce of 1940,40 feet to the POINT
OF BEGINNING and the Northwest corner of the hcrein
descrihed parcel: continue thence along the North
line of said Section Z!I, North 11704:\'48" East :\
distance of 716.016 feet to the Nort,lI Olle QU:Jrtcr
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RETUID! TO:
Rl\YMOND J. POSGlIY, ATTORNEY
1990 E. Sunrise Dlvd..
Ft. l,auderda1e. Fla. 3))04
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corner of said S~ction 29: thence North 88092'00"
East alonR th, North line of said Section 29, a
distanc~ of 3~~.46 feet, more or less, to a point
in the northerly extension of the East line of
Replat of First Section, Palm Beach Leisureville,
as same is recorded in Plat Book 28, at Pages
201, 202, and 203, Public Records of P:llm Reach
County, Florida: thence South 0101Z'55" East along
said northerly extension a distance of 67,'3 feet,
more or less, to the centerline of State Road 5-804,
as same is recorded in Road Plat Book 2, PaRes 217,
throu~h 220, Public Records of Palm Reach County,
Florida: thence ')outh 72002'3f)" West aloJlIt said cen-
terline a dist .ce of 498.37 feet, more or less, to
the beginning .' a curve concave to the North,
havin~ a ra_ "IS of 1911).08 feet and a central angle
of IS 51'30"; thence westerly along the arc of said
curve a distance of SZ8,fi7 feet to the end of said
curve; thence South 87054'06" West a distancp of
43,52 feet, thence North 2005'~4" West a distance
of 274,82 feet, more or less, to the POINT OF
BEGINNING.
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Subject to Lake Worth Drainage District Canal
Rights-of-Way as now laid out and in use and
Right-of-l'iay for State Road 5-804, over the South
53 feet of said parcel, as granted in Offici:ll
Records Pook 495, Pa~e 629, Palm Beach, County,
Florida, ,Publi:: Records.
and said grantor does hereby fully warrant the title to s:lid
land, and will defend the same a~ainst the lawful claims of all
persons whomsoever,
IN WIT~~ESS l'iIIEREOF, Grantor has
and sea I t I: day :tnd yea r fi rs t
Signed, sc;..~'d and delivered in
(Seal)
(Seal)
STATE OF FLORIDA
COU~TY OF RROWARD
I IIEREny CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appc:lrcd
El-IIL ~IASSMW and NI~A ~IASSARO. his wife, to nc known to be the
persons described in and who cxe~uted the fore~oinR instrument
and :lcknowleJged before me that they executed the sam~,
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WITNESS my h:lnd~ul-Pfficial seal in the County and State last
aforesaid this 71f d:lY of .July, 19~7.' .__.
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My comm;,,;on OXI"'O" ~4 - "0 - -
This instrtlr.lcnt W:IS prepared b;.':
[DWMUl D. O'CLEARY
1)( the 1.aw Offices of
O'CLEARY an.1 Cm<1t'ESS
~747 ~nrt~ rc~a~ nriv~
Fort l.:luderda Ie. Florilla' B308
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QUIT-CLAIM DEED
,THIS QUIT-CLAIM DEED, executed this 29th day of September ,.
19...B..6.-, by and between the ES'l'Nl'E: OF R. MARSHALL BROWN, an undivided
one-eighth (1/8th) interest, GRETCHEN F. BROWN, an undivided one-
_eighth (1/8th) int~rest, DOMINIC PALOMBO, an undivided one-fourth
(1/4th) interest, JAMES W. HART and JOANN HART, his wife, an undivided
one-fourth (1/4th) interest, and FRANctS A. ASTORINO and MILDRED S.
/ ASTORINO,' his wife, an undivided one-fourth (1/ 4th) interest, First
PartY1 to LAKE WORTH DRAINAGE DISTRICT, a Special Taxing District,
'existing under the laws of the State of Florida, whose post office
,address is : 13081 Military Trail, Delray Beach, Florida 33445, Second
Party:
._ (Wherever used herein the terms .. first party" and "second party",
shall include singular and plural, heirs, legal representatives, an
assigns of individuals, and the successors and assigns of
,corporations, wherever the context so admits or requires.)
( . ~ \ . '
"..... .
WITNESSETH, That the said First Party, for and in consideration
of the sum of Ten; ($10.00) Dollars, in hand paid by the said Second
';Party, the receipt whereof is hereby acknowledged, does hereby remise,
",~.,i release and quit' claim unto said Second Party forever, all the right,
~ title, 'interest, claim and demand which the said First Party has in
and to the following described lot, piece or parcel of land, situate,
lying'and being the County of Palm Beach, State of Florida, to-wit:
\_1:; ::-
SEE LEGAL DESCRIPTION ON EXHIBIT liB" ATTACHED HERETO
AND MADE A PART HEREOF.
~ "':' ",,'i' j' .- ,
;(, ;' , ~,; / ; '~: ! '.
'1'0 HAVE AND TO HOLD the same together wi th all and singular the
appurtenances t.bert~unto belonging or in anywise appertaining, and all
~theestate, right, title, interest, lien, equity and claim whatsoever
'UoftoliIthe' 'Haid First 'Party, either in law or equity, to the only proper
~;u8e, benefit and behoof of'the said Second Party forever.
~~ ~.:., I
IN WITNESS WHEREOF, the said First Party has signed and sealed
these'presents the day and year first above written.
, \
Signed, sealed and delivered
ln~the presence of:
MARSHALL
. , ..
'C~l1l-LL~ &.~
01__ (!. ~ /LA-
l ~"';. r., " . .
'~~"~ /n?~~/
f'
'e, [J.
~\
OOMINIC PAL
wfif
'8 W. HART
STATE OF PENNSYLVANIA
COUNTY OF ALLEGHENY
.
.
.
.
. f~d /I &~~
FRANCtS A. ASTORINO
,:11i lll-L c.C ~ / di Ie I.. t II ~-
MILDRED S. ASToluNO'
TPe foregoing instrument was acknowledged before me this~~~~day
Of'~~-1Z..-,z:.Qd;:-. , 1986, by J. DUNCAN BROWN & DONALD W. BROWN ,
,CO-Petnonal Representativesof the Estate of R. MARSHALL BROWN, Deceased
<-',.,.., t~'t':~.~he.., purposes therein expressed.
\ :~:\..> ~"'.
FAYE V, MAZZIE, NOTARY PUBLIC
~ ' GR~fNTREE, ALLEGHENY COUNTY, PA
" -,', ',..'--.'-My COMMISSION EXPIRES
.;' '.' ;:- MAY 2,1987
, -'- ..,'
STATE OF PENNSYLVANIA
COUNTY OF ALLEGHENY
.
..
=:.;;?' L /
_..- ,
-- ." ,....-_..... .!,
~oT~~~tiB~i~ --~ta:~7~,~i~f;~f~ANIA
My Commission Expires:
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgements, personally appeared GRETCHEN F.
BROWN, to me known to be the person described in and who executed the
foregoing1instrument and acknowledged before me that she executed the
sam~.,; " .', ,; .
'} :. . /:.. ~
,...c........~~.....\,J
" :', .WJ'l'NESS my hand and off~9ial seal in the County and, State last
,:..-afoLe~~,l,dc; this ~ day of ~/~7/7 ...;-~~. , 1986.
" .
" '. , FAYE'V.'-MAZZIE, NOTARY PUBLIC
, c;REtNr~EEi ALLEGHENY COUNTY, PA
" ' , MY.' ~OMMISSION EXPIRES
, .-,--,.7:'~. ,-.,~.' MAY 2, 1987
{'>-),~'\'-' .
- --"-- -----.---- ...
NOTARY PUBLIC - State of PENNSYLVANIA
My Commission Expires:
~,--=:;t(~ ;/~"-,/ V /.?}~~ 3 (fz-~J
STATE OF PENNSYLVANIA
COUNTY OF ALLEGHENY
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgements, personally appeared DOMINIC
PALOMBO, ,to me known to be the person described in and who executed
the foregoing instrument and acknowledged before me that he executed
the same.
t "
. " WITNESS my hand and of2;::~7'~eal in the County and State
aforesaid this ~yb1day of _'x-' -', , 1986.
'?'; ~ ." .. ......
~
,. ,FAYIV, MAZZIE, NOTARY PUBLIC
GREENt~E, ALLEGHENY COUNTY, PA
MY ,COMMISSION EXPIRES
'}' MAY 2, 1987
, .' Ii ~;.-' i "\::~:P~ /.~'
I -_ t"....
last
~ }/ /., /7 '
<.: c.-:{ 4 4..4-. t-. r//t--" --:?_~r P' /
NOTARY z>bBr.IC - State ~f rpENNSYLVANIA
My Commission Expires:
2
(.. ., .' ........",.....:".'...
TATE OF fl~L<,~ :
COUNTY oif~ :
I HEREal CERTli'Y that oil this day before me, an officer duly'
qualified to take acknowledgements, personally appeared JAMES W. HART,
to me known to be the person described in and who executed the
foregoing instrument and acknowledged before me that he executed the
same.
WITNESS my hane] and ~f c al seal in the
'. aforesaid this ~day of , 1986.
','.' !"
.- ' (I '
'." -,-} '\,
County and State last
STATE OF
COUNTY OF
- State Qt. "
Expires: )/I~3011?o
'. \ "
"
" .
,
I HER Y CERTIFY that on this day before me, an officer duly
qualified to take acknowledgements, personally appeared JOANNE HART,
to me known to be the person described in and who executed the
foregoing instrument and acknowledged before me that she executed the
same. t:_'- J
\ '~,ITNESS ~4, ".nd and ~f ic seal County and State last
......, aforesa,id this ~ay of _J.A)
;:: / _~:- , Il!, '
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- State Q.f
Expi res: )a~ -i/; /9tfL)
. :..... ~ ~ .
"
'... ~........ ~..
'; "h
STATE,'OF PEN~SYLVANIA:
COUNTY OF;, ALLEqHENY
.' 1 ;. . 'I(
.
.
I HEREBY CERTIFY that on this day before me, an officer~duly
qualified to take acknowledgements, personally appeared FRANC'S A.
ASTORINO, to me known to be the person described in and who executed
the foregoing instrument and acknowledged before me that he executed
, " t~e.\ sjllJl.e,.
. ~~-"-' .. .-....~.:-~ ~{~~ #.
"'lo!tTN!!SS my hand and o~~a, 1 seal in the County and State last
afOI:e~a~d ~~his ~ day of - ;---~ ,~- , 1986.
" ..., ...','.... ,; ~ t
, FAYE V.~ZZIE, NOTARY F~'1K.lC ~_-=-4_ r 7/ /' _ " ,
" '.. gREfNTRtE, ALLEGHENY COUNTY, PA -~Ll~J(./ ~---. /7 4--~.~/c":{/ /
MY COMMISSION EXPIRES NOTARY ,PUBLIC - State Co PENNSYLVANIA
MAY 2, 1987 My Commission Expires:
STATE OF PENNSYLVANIA
COUNTY OF ALLEGHENY
.
.
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgements, personally appeared MILDRED S.
ASTORINO, to me known to be the person described in and who executed
the" foregoing instrument and acknowledged before me that she executed
'. ,~~, r ~Am~.
.' .~. ~~--":...:~...........',
, "'<WIT~ESS, m~ hand and of.2gial seal in the County and State last
af9res~j,q3 thls ~;day of.->::::: ' .~-Z~_, 1986.
'" FAYE,V. MAZZIE. NOTARY pueLlc
~RleNTRiE, ALLEGHENY COUNTY, ~A -=:/ . 7 ~ /7) /2 . /
, " <!:;~~:::'M~COMMISSION EXPIRES ~ ,'A--C-1-fL..e> ,-,,' v /~ r' "
,:.,\'." MAY 2, 1987 NOTARY IPUBLIC - State '0 PENNSYLVANIA
My Commission Expires:
mmg/08/l4/86/wpgestatequitdeed
3
EXHIBIT "B"
to L.W.D.D.
(Fee) (l-24)
, A certain parcel of real property in Section 29, Township
45 South, Range 43 East, City of Boynton Beach, Palm Beach County,
Florida, more particularly described as follows:
From the Northwest corner of Section 29, Township 45 South,
Range 43 East, Palm Beach County, Florida run North 870 43' 48"
East, along the North line of said Section 29, a distance of
784.38 feet to the Point of Beginning and the Northwest corner
of the herein described parcel; thence continue North 870 43' 48"
East, along the North line of said Section 29, a distance of
1081.02 feet to a point; thence South 20 05' 54" East, a distance
of 30.00 feet to a point on a line lying 30.00 feet South of
and parallel with the North line of said Section 29; thence
South 870 54' OO"W, along the said parallel line, a distance
of 1081.02 feet; thence North 20 05' 54" West, a distance of
30.00 feet, more or less to the Point of Beginning.
"
"/
E A S E MEN T DEE D
-...------ ~
THIS EASEMENT DEED, made this the 29th day of September
19 86 , by and between the ESTATE OF R. MARSHALL BROWN, an un-
divided' one-eighth (1/8th) interest, GRETCHEN F. BROWN, an undi-
vided one-eighth (1/8th) interest, DOMINIC PALOMBO, an undivided
one-fourth (1/4th) interest, JAMES W. HART and JOANNE HART, his
wife, an undivided one-fourth (1/4th) interest, FRANCis A.
ASTORINO and MILDRED S. ASTORINO, his wife, an undivided one-
fourth (1/4th) interest, Party of the First Part; and LAKE WORTH
DRAINAGE DISTRICT, a Special Taxing District existing under the
Laws of the State of Florida, Party of the Second Part, whose
mailing address is: 13081 Military Trail, Delray Beach, Florida
33445.
(Wherever used herein the terms "first party" and "second party",
shall include singular and plural, heirs, legal representatives,
and assigns of individuals, and the successors and assigns of
corporations, wherever the context so admits or requires.)
, .
WITNESSETH: That Pa.,rty of the First Part, for and in consid-
eration of the sum of 'fEN' ($10.00) DOLLARS, and other good and
~aluable consideration to them in hand paid, receipt of which is
hereby acknowledged, have granted, bargained and sold, and by
the'se 'presents do g-rant, sell and release unto the Party of the
Second Part, its successors and assigns, a Perpetual Bxclusive
Easement for canal related purposes, including ingress and egress
purposes for maintenance, said right-of-way includes, but is not
limited to, the use of the same for excavation, berm and areas for
maintenance and deposit of 'spoil, and for any such improvement
thereunto related or in anywise appertaining; over, across,
th~ough and upon, under or within that parcel of land located in
Palm' Beach County, Florida, described on Exhibit "A" attached
hereto and made a part hereof, as if recited at length. ----;-
First Party shall grant no other easements, erect no build-
ingsor effect any other kind of construction or improvements or
plant'.' any other kind of construction or improvements or plant any
trees or shrubs upon the property described in Exhibit "A"o
Party of the First Part does 'hereby specially warrant the
title to said land and will defend the same against the lawful
Claims of all persons whomsoever claiming by, through or under it,
that they have good right and lawful authority to grant the above
described easement and that the same is unencumbered.
!'
i' ", IN WITNESS WHEREOF, Party of the First Part sets their hands
an~'seals,the date first above written.
"
Signed, sealed and delivered
in ,the presence of:
:' a C/VU~~ a. c;(~'L
/lL- C.lJCf~
.~-LPJ /JJ~~~.L..
t1 0(7
()j~ ..~ ~.~~,.,.J
'~ resentative
BHOWN
..
, .
~a 7JlC'7.l4.;J&.tiL
~~C~~_
::~~:a' MAR~<d
D()NALD~W:~
CO-pf.RSmlAL REPRESENTATIVE
~",I' ....' ,,,",, I,.,.'. '..." '".I;.~.
"
-<
J
, ~~~ tl tM-~
FRANC~S A. ASTORINO
);~d/P--L~ /J ((;-~-;l~L~
MILDRED s. ASTORINd
STATE F PENNSYLVANIA :
COUNTY OF ALLEGHENY
."
" _~,_,TtU:~~"f.Q,r~going instrument was acknowledged before me this ~L:.:?l
dayO~,~~:.,,__c:-, , 1986, by J. DUNCAN BROWN &'DONALD M. BROWN '
CO-P,er$onal.',>:':R presentativesof the Estate of R. MARSHALL BROWN, De-
ceased, for':th8 _purposes therein epxressed.
FAYE V. MAZZI,", NOTARY rUILlC ' ..
~~~ENTME;~""'~~~~NY COUNTY, PA ~~_ ,-C.l V /JJ ~:.r....-r' JZj'
';~~'f,~~$~ION EXPIRES ,'. NOTARY P~LIC - State oC-./PENNSYLVANI'A
,'" '.',.1. .;''''~'(.',2, 198,7 My conunission Expires:
STATE, 9F PENNSYLVANIA :
COUNTY OF, ALLEGHENY ';:
,
;
I'
I HEREBY CERTIFY that on this day before me, an officer duly
quallfied to take acknowledgments, personally appeared GRETCHEN F.
BROWN,~ '-to me known to be the person described in and who executed
'",the.~-~:-fo~e~oing instrument and acknowledged before me that she
>' ~*l.lteQ.. ,Che same.
. .1, "-:,WI'llN'ESS my hand and official seal in the County and State
last- ~f~r.effaid this ~ day of _ - .'><.l-t4l..-r.-: , 1.98.6... _,
'FAYE\V:M~~t.E, NOTARY PUBLIC
'GREE.NTl~l~Ll:EGHENY COUNTY, PA
"'MY'(QMMISSION EXPIRES
" ," "MAY 2. 1987
--~
, ~otary Public - State 01: PENNSYLVANIA
My Commission Expires:
'= ~CL-< .t.L./ L.'-! /77a---~- /u:,v
,/
II
STATE ,OF PENNSYLVANIA
COUNTY OF ALLEGHENY
,) I ,HEREBY CER'rIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared DOMINIC
PALOMBO, to me known to be the person described in and who execut-
ed the foregoing instrument and acknowledged before me that he
executed the same.
WITNESS my hand and official;,;eal in the County and State
last _a~oresaid this ~day of _'~~-'- )--Z , 1986.
,'.', :'-FAVf';'MAlZIE, NOTARY PUBLIC ,-==-:~~ "_'~< /
...."GREE"'REE, AUEGHENY COUNTY, PA Notary Pup ic
: '~'j~y COMMISSION EXPIRES My conunission
t\..." '. -,
'iD ;,' .;~" ~''!tA'f 2, 1987
, ::.~~"~;I/:;~;'::,~~
{1 '," ..,.
""'~""'.",
..,."
../
/,'
tEOF~
;jICOUNTY O~~--- :
IJI I HEREBY CERTIFY that on this day before me, an officer duly
1/ qualified to take acknowledgments, personally appeared JAMES W.
1/ HARtl', to me known to be the person described in and who executed
/'/ the foregoing instrument and acknowledged before me that he exe-
/ cuted the same.
~, . ,WITNESS, my hand and offici and State
'~ =- t I.ast aforesaid this~q rft1. day of
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared JOANNE
HART, to me known to be the person described in and who executed
the foregoing instrument and acknowledged before me that she
executed the same. '.
WITNESS my hand and offici
last",~foresaid this~ day of
1~ / 99(j
-:. ..-... - ..
'C. '" \. "", ,_
........ -'....' ~"'
'. ...~...... -
...........
"
, STATE OF
COUNTY 0
'. .', ,,-...
the County and state
,~"-
Notaryubli - state ot
My Conunission Expires: ~:31; /f'lt1
- -.'
.. ...- '
: -. ....
: ....... ~
--
M.. ...~,:. ,
... .... ..
....."STATE OF PENNSYLVANIA
COUN'I'Y' OF ALLEGHENY
I HEREBY CERTIFY that on this day before me, an officer.duly
qukl1.fied' to take acknowledgments, personally appeared FRANCJS A.
. J~STQRINO, to me known to be the person described in and who exe-
. "'.....~"l"
"'.",~:cu~ed<~;.;-t)}e foregoing instrument and acknowledged before me that he
...... :" , ' e1teo\tt:eq. ,it.he' same. ,
... ..... '\.:" . ......
: " . ~:,' Wi!'l'N~SS my hand and official ?ez;l in the County and State
- ~Cl:~t,~~Q~said,this~day of .,-:.<~;):L- ,1986.
_. FAyE 'v::~~"~iIE, NOTARY PUBLIC ~7 r _ ~,J /-;J-. /7'..-7 _ ~ i
. N E "ALLEGHENY COUNTY PA ..". 'L'~ - ,t , ' .'iL'-'" ~yc..( /
GREE TR t'MMISSlON EX'IRES ' Notary ~ blic - Stat!e of PENNSYLVANIA
. '" MY OMAY'2,1981 My Conun ssion Expires:
STATE OF PENNS'lfLvANIA :
COUNTY OF ALLE(;HENY
..
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared MILDRED s.
ASTORINO, to me known to be the person described in and who
executed the foregoing instrument and acknowledged before me that
sh~ executed the same.
WITNESS my hand and official ,seal in
last aforesaid this~9't)/ day of --;;((:rr=?"'= '
fAY!'V,~IZ.E, NOTARY PUBLIC .,<~->7 a_J;;l L,
'-,:~REENTREE; ALL~HENY COUNTY, PA Notary PUbli.c
, MVCOMMIS~'ON EXPIRES My Commission
.' .MAY 2, 1981
. :':,~ :,~~:':~~:~:
the County and State
, 1986.
,1/ /7JI.'.7::j'k~/.
- State of' PENNSYLVANIA
Expires:
This instrument prepared by'
Mark A. Perry, Esq. .
Adams & Perry
50 S.E. 4th Ave,
Delray Beach, Fla, 33444
-,," ,
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"
EXHIBIT "A"
PAGE 1 of 2
to L. w. D. D.
(Easement) (L-24)
A certain parcel of real property in Section 29, Township
~
45 South"Range 43 East, City of Boynton Beach, Palm Oeach County,
Florida, more particularly described as follows;
From the Northwest corner of Section 29~ Township 45 South,
Range 43 East, Palm Beach County, Florida run North 8r 431 48"
East, along the North line of said Section 29, a distance of
;, " ,
784.38 feet to a point; thence Sou~h 20 051 54" East, a distance
of 30.00 fe~t to a point on a line lying 30.00 feet South of
a,nd parallel with the North line of said Section ;:~9 and the
PO,int,of Beginning; thence North 870 431 48" East, along the
sa!d4paralle1 line a distance of 1081.02 feet to a point; thence
South 20 051 54" East, a distance of 45.00 feet to a point;
.. ~, . . '
thence North 470 111 03" West, a di stance of 21.18 feet to a
(' ,,' i ,'l-
P?~nt on a line lying 60.00 feet ~outh of and parallel with
the ~orth line of. said Section 29; thence South 870 43' 48"W,
i ' . .
along the said parallel line a distance of 1066.02 feet; thence
North 20,05' 54" West, a distance of 30.00 feet, more or less
~,\ l~i .,; >. 'o~" I .
to ~he ,point of Beginning.
.~..~;. , -
r.' "
-1-
~.. . .~C".
, ,
1':'
,.
EXHIBIT "A"
PAGE 2 OF 2
I,'
Ii
/,i
to loW.D.D.
",r,(Fee) (E-4)
I',
, ,'~ .'
" '
, , '
", ,A certain parcel of real property in Section 29, Township
. ~ ',-' , ,
: ,i ~('45 South, Range 43 East, City of Boynton Beach, Palm Beach County,
: ,,;:,1, Florida, more particularly described as follows:
J. ',.
~
::".: ' From the Northwest corner of Section 29, Township 45 South,
,'"; Range 43 East, Palm Beach County, Florida run North 870 43' 48"
'. Ch East, along the North line of said Section 29, a distance of
",''',',' }865.40'feet to the Point of Beginning and the Northwest corner'
',',}" of-the herein described parcel; thence continue North 87043' 48"
East, along the North line of said Section 29, a distance of
(:t';;,.t 75.00 feet to the centerline of lake Worth Drainage District
., J ,l, ~ l . ,~\. .
l'~~:,.:Canal,E~4; thence South 2005' 54" East, along the,centerline
"r";~,, of "said Canal E-4, a distance' of 221.82 feet more or less to "
~:":: ..'f,:~ poi nt on the North ri ght-of-way 1 i ne 'of State Road, S-804 as
~:lr!Same is recorded in Road Plat Book 2, Pages 217 through'220,
'. I " ,~. 'f ,
:~. -'Public Records of Palm Beach County, Florida; thence South
-\ '.' ". j ,"
::',;' 870 54', OO"W~ along the North right-of-way line of said State
Z';," Ro~d,S-804, a distance of 75.00 feet; thence North 20,05' 54"
':~I.,:},',,"West, a distance of 221.60 feet, more or less to the Point of
Beginning.
.~~ t. ,J .... :... r
" ,
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. .
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"/
AGREEMENT OF SALE AND PURCHASE
Agreement made between JAMES W. HART and JOANNE
HART, his wife, DOMINIC PALOMBO, FRANCES A. ASTORINO and
MILDRED S. ASTORINO, his wife, GRETCHEN F. BROWN, and the
ESTATE OF R. MARSHALL BROWN, deceased, c/o Raymond J. Posgay,
Esquire, 1990 East Sunrise Boulevard, Fort Lauderdale,
Florida 33304 as "Sellers" and RHODES CAPITAL CO., a Florida
general partnership, of 233 Royal poinciana Way, Suite 2,
Palm Beach, Florida 33480, as "Purchaser".
WIT N E SSE T H:
1. Sale of Premises: Sellers agree to sell and
convey to Purchaser, and Purchaser agrees to purchase from
Sellers, all that ceratin piece or parcel of land containing
approximately 3.9+ net useable acres, on Boynton Beach Road,
Palm Beach County, Florida described in Exhibit "A".
2. Purchase Price: The total
purchase price for the Premises shall be
mately per sq. ft.
consideration or
approxi-
3. Escrow Money Deposit:
deposited with this Agreement and an additional
deposi ted wi thin 5 days following mutual execution of this
Agreement. Said monies shall be deposited with Arthur B.
Leibovi t, (hereinafter called the "Escrow Holder"), Trust
Account No.1.
4. Title: Within twenty-one (21) days following
execution of this Agreement by both parties, Sellers, at
Sellers' expense, shall deli" ~r to Purchaser a corroni tment
(the "Corronitment") for an Owner's Form A Title Insurance
Policy issued by a qualifiad insurer agreeing to issue to
Purchaser an owner's policy of title insurance in the amount
of the purchase price.
z./
5. Investigations: Purchaser shall have until
forty-five (45) days following the effective date of this
Agreement (said forty-five (45) day period shall be referred
to in this Agreement from time to time as the "Inspection
Period") to make an inspection of the Property and to conduct
investigations with respect to the property and/or the use
thereof. In the event Purchaser is dissatisfied with the
results of its investigation, for any reason, and at Purcha-
ser's sole discretion, Purchaser shall notify Sellers, in
writing, on or before the expiration of the Inspection period
of its election to cancel this Agreement in which event the
Escrow Agent shall return the Initial Deposit to Purchaser
whereupon the parties shall be released from, all further
liability hereunder. Failure to notify Sellers of such
election in writing on or before the expiration of the
Inspection Period shall be deemed a waiver of Purchaser's
right to cancel this Agreement. In the event the Commitment
referred to in PARAGRAPH FOUR above are not delivered within
the twenty-one (21) day period provided for such delivery,
the Inspection Period shall be extended on a day-by-day basis
for each day's delay (beyond said twenty-one (21) day period)
in delivering the Corronitment or survey. After the forty-five
45 day Inspection Period, Purchaser is to deposit an addi-
tional. - into the Arthur B. Leibovit Trust Accbunt * 1
(for a total of ~ /. Said total of shall
then be disbursed to Sellers.
6. Terms: cash. At closing of which
the deposits referred to here..!l is a part. The balance of
the purchase price shall be represented by a purchase money
note, secured by a mortgage / with the following terms and
condi tions: The note shall bear interest at Eleven ( 11%)
Percent per annum. It shall be payable in quarterly install-
.' ments of interest only for 18 months. It shall balloon in
the 19th month when all principal 'and any outstanding inte-
rest shall be due. The PMM document shall provide: The PMM
\
1/
'is prepayable at any time prior to the 19th month with no
Ii premium or penalty. Purchaser shall be responsible for the
cost of recording the PMM, the state stamps on the note and
/ the intangible tax on the mortgage. Payments on the note
" shall be made to HIMMELRICH & CO., Escrow Account, on behalf
./ of the Sellers.
/' 7. TIME AND PLACE OF CLOSING: Closing hereunder
shall take place at 10:00 a.m. J the 120th day following the
expiration of the Investigation Period in the office of
Sellers' attorney, 1990 East Sunrise Boulevard, Fort Lauder-
dale, Florida 33304. Upon the payment of the second $5,000
deposit referred to in PARAGRAPH FIVE above, the parties
shall mutually determine the exact calendar date herein
contemplated. In the event Purchaser has not obtained
approval by the City Commission of its requested "C-3"
zoning, said 120 day closing period may, at Purchaser's
option, be extended to no later than five (5) calendar days
after the next regularly scheduled City Commission meeting at
which any zoning matters appear on the agenda, whether
related to this Agreement or not.
Purchaser shall have the right to extend the
closing of this transaction for two separate 45 day period
commencing with the termination of the above referenced time
sequence upon the direct payment to Sellers of the sum of
$10,000 for each extension. Said payments of $10,000, or a
possible total of $20,000, shall be in addition to the
purchase price of $1,136,000 and shall not be subject to a
real estate commission.
Title shall be conveyed by statutory warranty
deed and all instruments shall be executed on standard forms
in common usage in the community. Sellers shall also provide
a GAP Affidavit and be entitled to disbursement of proceeds
at closing upon the delivery of the deed and affidavit. '
8. Possessicn: Possession of the Premises shall
be given to Purchaser at time of closing unoccupied and free
of any leases, claims to or rights of possession by delivery
of Sellers' general warranty deed, in proper recordable form,
duly executed and acknowledged by Sellers. All structures
located on the Premises and any billboards and advertising
signs on the Premises shall be removed, by Sellers prior to
closing. The parties recognize the property is vacant.
9. Taxes - Apportionments:
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, a) Real estate taxes and water and sewer
rents and Charges shall be apportioned pro rata on a per diem
basis as of the date of closing hereunder. If the closing
occurs prior to the issuance of the tax bill for the year of
closing, the taxes shall be apportioned based on the pr ior
year's gross tax bill, and a further adjustment may be
demanded by either party after receipt of the tax bill for
the year of Closing.
b) Documentary Stamps on the deed shall be
the responsibility of the Sellers.
10. Eminent Domain: In the event of the taking of
all or any part of the Premises by eminent domain proceedings
or the commencement of any such proceedings, Purchaser shall
have the right, at Purchaser's option to terminate this
Agreement by giving written notice to Sellers on or before
the date fixed for closing hereunder. If Purchaser does not
terminate this Agreement ei tl!er under this provision or
pursuant to any right of termination, hereunder, the purchase
price for the Premises shall be reduced by the total of any
awards or other proceeds payaLle by reason of any taking
which were not theretofore paid to Sellers. Sellers agree to
notify Purchaser of eminent domain proceedings wi thin five
(5) days after Sellers learn of any proceedings. Purchaser
shall have the sole right (in the name of Purchaser ,or
';,.Se~lers, or both) to negotiate for, to agree to and to
contest all offers and awards.
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11. Sellers' Representations and Warranties:
Sellers represent and warrant that as of the date ~ereof, and
as of the date of closing:
a) Sellers have all legal right and autho-
rity to sell the Premises to Purchaser.
b) No impact fees or like charges or imposi-
tions have been assessed against the Premises.
c) No person or entity has any right or
option to acquire the Premises.
d) There is no action, suitor proceeding
pending or, to the knowledge of the Sellers, threatened
against or affecting Sellers or the Premises or any portion
thereof relating to or arising out of the ownership manage-
ment or operation of the Premi~es, in any Court or before or
by any Federal, State, County of Municipal Department,
Commission, Board, Bureau or Agency or other governmental
instrumentality.
e) Neither the entering into of this Agree-
ment or the consummation of the sale has or will constitute a
viola tion or breach of any of the terms of any contract or
other instrument to which it is a party or to which it is
subject or by which any of its assets or properties may be
affected.
The aforesaid representations and warranties
shall also be accurate as of the date of closing and, if not
accurate, Purchaser may terminate this Agreement.
12. Conditions of Closing: Purchaser's obligation ? ~
to perform hereunder is conditioned upon the following: ~
a) The availability at the site of the
Premises of all utilities including public ,sanitary sewer
service and public water lines being of such capacity as in
Purchaser's reasonable judgment, will properly service
Purchaser's intended development of the Premises.
b) Purchaser and any person designated by
Purchaser, at Purchaser's expense at any time after the
execution of this Agreement shall have the right to enter
upon the Premises to inspect, appraise and make surveys of
the Premises and make test borings, percolation tests and
other tests to confirm that the representations made herein
are true and accurate. Purchaser, at Purchaser's expense,
shall restore the Premises to their condition existing prior
to any such test borings, percolation tests and other tests.
Purchaser shall be deemed to have waived
the above conditions at such time as it may exercise the
second forty-five 45 day extension provided for under PARA-
GRAPH SEVEN hereof.
13. Zoning: Purchaser shall use all due diligence
to obtain at least C-3 Community Commercial District zoning,
Boynton Beach, for subject parcel. All expenses related to
this rezoning such as soil tests, surveys, market studies,
drainage statement, traffic statement, site plans, legal
fees, etc. shall be solely at Purchaser's expense.
Purchaser represents that he shall employ the .*.
services of Alan Ciklin of Boose, Ciklin, Martins, et al, of ~-
West Palm Beach to secure the aforesaid commercial zoning, or
any other zoning agent who may be mutually agreed upon by
both parties.
Purchaser further represents that he will file
applications for said zoning within forty (40) days following
the expiration of the Investigation Per~od.
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In the event that at least C-3 Conunercial v'"
,zoning is denied on subject property, this contract shall
terminate and as liquidated damages Sellers shall retain all ~~
monies deposited to date and Purchaser shall give all of the ~
aforementioned materials acquired to date to Sellers for
their free use. Purchaser shall forfei.t, in addition all
deposit monies paid, all expenses paid in the development and
zoning process and further warrants to pay all outstanding
balances for the services rendered by the professionals
involved.
14. Property Includ'~d: The sale of the Premises
includes all right, title and interest, if any, of Sellers in
and to any land lying in the bed of any street, road, high-
way, avenue or alley (opened or unopened, existing or propo-
sed, now vacated or hereafter ~o be vacated) in front of or
adjoining the Premises, to the centerline thereof, and all
right, title and interest of Sellers in and to any award made
or to be made in lieu thereof and in and to any unpaid award
for damage to the Premises by reason of change of grade of
any street, road, highway, avenue, or alley; and Sellers
agree, to execute and deliver to Purchaser, at closing, or
thereafter, on demand, all proper instruments for the convey-
ance of such title and the assignment and collection of any
such award. In addition to the foregoing, Sellers agree to
assign to Purchaser, to the extent assignable, any and all
permits, licences, certificates, and approvals which Sellers
have heretofore obtained in connection with the development
of the Premises.
15. Brokerage: Sellers and Purchaser hereby
represent that they have not dealt with any broker or other
intermediary in connection with this transaction other than
Hinunelrich & Company, and Arthur B. Leibovit Realty, whose
conunission shall be paid by Sellers. Sellers shall be
responsible for a commission in the amount of Ten ( 10%)
Percent of the purchase price, Five (5%) PerGent to each of
Hinunelrich & Company and Arthur B. Leibovit Realty. Said
conunission amount shall be payable on a differed basis as
monies are received by Sellers together with accrued inte-,
rest.
16. Signs: After the exercise of the last forty-
five (45) day period referred to in PARAGRAPH 7 hereof,
Purchaser shall have the right to erect such signs on ~he
Premises as Purchaser elects, subject to all applicable
governmental ordinances, rules and regulations which may be
applicable.
17. Notices: All notices to be given by either
party to the other hereunder shall be in writing and shall be
delivered in person or given by United States registered or
certified mail, postage prepaid, return receipt requested,
addressed to the party for whom intended at the address of
such party appearing after such party's name at the beginning
of this Agreement or at such other address as the party in
question may specify in a written notice to the party giving
notice. All notices shall be deemed given on the date
delivered in person or the date of the mailing. Notices by
the parties may be given on behalf by their respective
attorneys.
18. Binding Effect: This Agreement shall be
binding upon and inure to the benefit of Sellers and Purcha-
ser and their respective heirs, executors, administrators,
successors and assigns.
19. Assignment: This Agreement may not be assign-
ed by Purchaser to any person or entity without the consent
of Sellers, said consent to not be unreasonably withheld. :
20. Entire Agreement. This is the entire Agree-
ment between the parties and there are no other terms,
obligations, covenants, representations, statements or
N'conditions, oral or otherwise, of ~ny kind whatsoever. Any
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/; ~greement hereafter made shall be ineffective to change,
/' :odifY, discharge or effect an abandonment of this Agreement
I;' in whole or in part unless such Agreement is in writing and
// signed QY the party against whom enforcement of the change,
/~;,' modification, discharge or abandonment is sought.
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21. Development ~pprovals: Sellers agree to
cooperate with Purchaser {at Purchaser's expense).in c6nnec-
tion with any application for, or the processing of any site
plan approval, rezoning or permits which Purchaser elects to
apply for or process prior to closing hereunder, including
without limitation, executing any instruments or documents
that Purchaser reasonably requests in connection with such
rezoning or permit approval process, subject to Sellers prior
review ana approval, not to be unreasonably w~thheld.
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22. Headings: The headings incorporated in this
~9reement are for convenience in reference only and are not a
part of this Agreement and do Jot in any way limit or add to
the terms and provisions hereof.
23. Effective Date: The effective date ("Effec-
tive Date") of this Agreement shall be the last date upon
which both Purchaser and Sellers have signed and/or initial-
led where appropriate.
24. ~cceptance: This contract shall be accepted
by all parties on or before the ~7 day of September, 1985,
or this offer shall become null and void.
IN WITNESS WHEREOF, the parties hereto have duly
executed this Agreement.
y
GRETCHEN F. BROWN
I!J
DAVID B~~
PURCHASER:
DATE:
1115/Kf
RHODES CAPI AL CO.,
a Florid~e~e~ ~artnership
By: ~~
P L A. RHODES,
eneral Partner
Escrow Agent acknowledges receipt of the initial
deposit provided for in this Agreement (if check,
subject to clearance) and agrees to hold it and
the additional deposit and disburse said deposits
in accordance with t ~ terms of this Agreement.
By:
~~?4 ~3/~
r' tlot~State of F!o~~~"'~r'
" E ' . f"L 2' Ii,,',
My (ommISS10:1 xp:re. ~;j.,
Bcnd.d thr&l ,'or fa.n" Ir..iurance. In'-
BROKERS:' ,
Q(/f,~m>~
HUR B. E OVIT
DATE: UJ-<P'J--
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DATE:
1"/J? /~<b
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ASS TG NMER'I'
THIS ASSIGNMENT, effective the 15th day of February, by and
between RHODES CAPITOL COMPANY, a Florida general partner ship,
D. R. ASSOCIATES, a Florida general partnership, and JAMES W. HART,
JOANNE BART, DOMINIC PALOMBO, FRANCIS A. ASTORINO, MILDRED
S. ASTORINO, GRETCHEN F. BROWN and THE ESTATE OF R. MARSHALL
BROWN (the "Sellers")
(1) In accordance with that certain AGREEMENT OF SALE AND
PURCHASE, dated the 27th day of September, 1985, Section 19 (the
"Agreement I') RHODES CAPITAL COMPANY, a Florida general partnership
as Purchaser (the "ASSIGNOR") hereby assigns its rights, title
and interests to STEVE RBODES (the "ASSIGNEE") and ASSIGNEE
hereby agrees to assume the duties and obligations arising under
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the Agreement.
(2) By execution hereof the undersigned as Sellers under
the Agreement hereby consent to this Assignment and agree to
release the Assignor from all liability and obligations arising
under ,the Agreement.
~ed, sealed and delivered
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( in re (rence ~__
~~.t.: j~w 1^ ) 0JW.u
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SELLERS
c;z::.:" L~W{
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, 1986.
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As to D. Palombo
INI C PALOMBO.,
Execute'd on 3-/9
, 1986.
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/ r7J?T_~__7./ -' I Ja-cf~<- t".. /
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/ As to . A. Astorino
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J1t1/r~ O. -T~
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As to G. F. Brown
f~tf~
FRANCIS A. ASTORINO
Executed on ~'19
.
, 1986.
~J(Lu-,4 d>t&-1~A>-
,
MILDRED S. ASTORINO
Executed on :g;-/'1 , 1986.
~.~ 1~_/ur-ugJ
RETCHEN P.. BRCM~
Executed on 3-/ , 1986.
As I!!rl~
,.. 5A4L/Y71J ~ L"M~
~~~
As to ~ M.. Brown
By:
7 ." D NCAN BROW~,
/1e,rsona1 Representative
V Exe~ted on .377 , 1986.
By:~J~tr 7>>fJfil{r?1)
ONALD M.. BROW~,
Personal RepreSjJtative
Executed on Q , 1986..'
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ASS IGNOR
M~
~r~~~Ch
As to P.. A.. odes \
OMPANY,
partnership
1986.
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:::t ~ a.a~<:.A
~ S. Rhodes . r
h ASSIGNEE
By: i.fuQi-L--
-STEVE RHODItS \'A I '
Executed on ~ ')L{, 1986.
BROKER
ARTHUR B. LEIBOVITT
Executed on
, 1986..
As to A. B.. Leibovitt
HIMMELRICH & COMPANY
2