APPLICATION
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
LAND USE AMENDMENT AND/OR REZONING APPLICATION
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. GENERAL INFORMATION
1. Project Name: LAKE WORTH CHRISTIAN SCHOOL
2. Type of Application (check one)
x 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 Department):
d/~ j9.s-
4. Applicant's Name (person or business entity in whose
name this application is made):
LAKE WORTH CHRISTIAN SCHOOL SOCIETY, INC.
Address:
7592 HIGH RIDGE ROAD
LANTANA, FLORIDA 33462
Phone:
(407) 586-8216
(Zip Code)
FAX: (407) 586-4382
5. Agent'S Name (person, if any, representing applicant):
J. RICHARD HARRIS, ESQUIRE
Address:
4400 PGA BOULEVARD, SUITE 800
Phone:
PALM BEACH GARDENS, FLORIDA 33410
(Zip Code)
(407) 624-3900 FAX: (407) 674-1511
6.
Property Owner's (or Trustee's) Name:
CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC.
Address:
430 NORTH "G" STREET
LAKE WORTH, FLORIDA 33460
(407) 588-3854
(Zip Code)
FAX:(407) 585-5574
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
(2 )
7. Correspondence Address (if different than applicant or
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.)
LESSEE
9. Street Address or Location of Subject Parcel: EAST OF HIGH
RIDGE ROAD, WEST OF INTERSTATE 95, SOUTH OF AND ADJACENT TO PROPERTY
OWNED BY APPLICANT.
10. Legal Description of Subject Parcel: ON ATTACHED SHEET
11. Area of Subject Parcel (to the nearest hundredth
(1/100) of an acre): FIVE (5) ACRES (to. 37<:1 \
Current Zoning District:
PUD
12.
13.
Proposed zoning District:
RlAA
14. Current Land Use Category: LoW D<:I/\:;.~.lr-y'Rc:.sickcorflG...(
15. Proposed Land Use Category: t'--,"hc. .r(;VG.fc: 6:.lJf. (rnS-h-tu--tOl\.....c
16. Intended Use of Subject Parcel: ATHLETIC FIELDS,
POSSIBLE SWIMMING POOL, AND FIELD HOUSE
17.
Developer or Builder:
INC.
LAKE WORTH CHRISTIAN SCHOOL, SQ.CilETY,
18.
Architect:
BRYAN AND ASSOCIATES ARCHITECTS/PLANNERS, INC.
19. Landscape Architect: BRYAN AND ASSOCIATES ARCHITECTS/PLANNERS, INC.
20. Si te Planner: BRYAN AND ASSOCIATES ARCHITECTS/PLANNERS, INC.
21. Civil Engineer: MICHAEL B. SCHORAH AND ASSOCIATES, INC.
22. Traffic Engineer:
23.
Surveyor:
LANDMARK SURVEYING AND MAPPING, INC.
PLANNING DEPARTMENT - APRIL 1991
A:LandUse
II. MATERIALS TO BE SUBMITTED WITH APPLICATION
( 3 )
The following materials shall be submitted in two (2)
copies, unless otherwise indicated:
(check)
x
a.
---L- b.
c.
This application form.
A copy of the last recorded warranty deed.
The following documents and letters of consent:
(1) If the property is under joint or several
ownership: a written consent to the application by
all owners of record,
____ (2) If the applicant is a contract purchaser: a copy
of the purchase contract and written consent of
the owner and seller, and
x
d.
x (3) If the applicant is represented by an authorized
agent: a copy of the agency agreement, or written
consent of the applicant, and
x (4) If the applicant is a lessee: a copy of the lease
agreement, and the written consent of the owner,
and
x (5) If the applicant is a corporation or other
business entity: the name of the officer or person
responsible for the application, and written proof
that said person has the delegated authority to
represent the corporation or other business
entity, or in lieu thereof, written proof that he
is in fact an officer of the corporation.
A sealed boundary survey of the subject parcel by a
surveyor registered in the State of Florida, dated not
more than six (6) months prior to the date of submission
of the application, at a scale prescribed by the
Planning Department, and containing the following
information:
(1) An accurate legal description of the subject
parcel.
(2) A computation of the total acreage of the subject
parcel to the nearest hundredth (1/100) of an
acre.
____ (3) A tree survey, which conforms to the requirements
of the City of Boynton Beach Tree Preservation
Ordinance. (Also refer to Page 6, Sec. II h.(12)
of this application if property is occupied by
native vegetation.) This requirement may be
waived by the Planning Director where found to be
unrelated to the land use or zoning issues
involved with the application.
x'
e.
A complete certified list of all property owners,
mailing addresses, and legal descriptions for all
properties within at least four hundred (400) feet of
the subject parcel as recorded in the latest official
tax rolls in the county courthouse shall be furnished
by the applicant. Postage, and mailing labels or
addressed envelopes must also be provided. Said list
shall be accompanied by an affidavit stating that to
the best of the applicant's knowledge said list is
complete and accurate. Notification of surrounding
property owners will be done by the City of Boynton
Beach.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
x
f.
x
g.
x
h.
( 4 )
A copy of the Palm Beach County Property Appraiser's
maps showing all of the properties referred to in
paragraph e. above, and their relation to the subject
parcel.
A statement by the applicant justifying the zoning
requested, including reasons why the property is
unsuitable for development under the existing zoning
and more suitable for development under the proposed
zoning.
A comparison of the impacts that would be created by
development under the proposed zoning, with the impacts
that would be created by development under the existing
zoning, which will include:
x
(1) A comparison of the potential square footage or
number and type of dwelling units under the
existing zoning with that which would be allowed
under the proposed zoning or development.
x
(2) A statement of the uses that would be allowed in
the proposed zoning or development, and any
particular uses that would be excluded.
(3) Proposed timing and phasing of the development.
x
(4) For proposed zoning of property to commercial or
industrial districts, where the area of the
subject parcel exceeds one (1) acre, projections
for the number of employees.
(5) A comparison of traffic which would be generated
under the proposed zoning or development, with the
traffic that would be generated under the current
zoning; also, an analysis of traffic movements at
the intersections of driveways that would serve
the property and surrounding roadways, and
improvements that would be necessary to
accommodate such traffic movements. For projects
that generate more than five hundred (500) net
trips per day, a traffic impact analysis must be
submitted which complies with the Municipal
Implementation Ordinance of the Palm Beach County
Traffic Performance Standards Ordinance.
(a) For projects that generate two thousand
(2,000) or more net trips per day, the
traffic impact analysis must be submitted to
the City at least 30 days prior to the
deadline for land use amendment and/or
rezoning, in order to allow for timely
processing of the application and review by
the City's traffic consultant and Palm Beach
County. The applicant shall be billed for
the cost of review by the City's traffic
consultant.
(b) For projects that generate between five
hundred (500) and two thousand (2,000) net
trips per day, the traffic impact analysis
must be submitted at the application deadline
for land use amendment and/or rezoning, in
order to allow for timely processing of the
application and review by Palm Beach County.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
( 5)
However, if it is the desire of the applicant
to utilize the City's traffic consultant for
review of the traffic impact analysis prior
to review by Palm Beach County, then the
procedure and requirements outlined under
item "a" above shall be followed.
NOTE:
Failure to submit traffic impact analysis in the manner
prescribed above may delay approval of the application.
(6) For parcels larger than one (1) acre, a comparison
of the water demand for development under the
proposed zoning or development with water demand
under the existing zoning. Water demand shall be
estimated using the standards adopted by the Palm
Beach County Health Department for estimating such
demand, unless different standards are justified
by a registered engineer. Commitment to the
provision of improvements to the water system
shall also be included, where existing facilities
would be inadequate to serve development under
the proposed zoning.
(7) For parcels larger than one (1) acre, a comparison
of sewage flows that would be generated under the
proposed zoning or development with that which
would be generated under the existing zoning.
Sewage flows shall be estimated using the
standards adopted by the Palm Beach County Health
Department for estimating such flows, unless
different standards are justified by a registered
engineer. Commitment to the provision of
improvements to the sewage collection system shall
also be included, where the existing facilities
would be inadequate to serve development under the
proposed zoning.
(8) For proposed residential developments larger than
one (1) acre, a comparison of the projected
population under the proposed zoning or
development with the projected population under
the existing zoning. Population projections
according to age groups for the proposed
development shall be required where more than
fifty (50) dwellings, or 50 sleeping rooms in the
case of group housing, would be allowed under the
proposed zoning.
(9) At the request of the Planning Department,
Planning and Zoning Board, or City Commission, the
applicant shall also submit proposals for
minimizing land use conflicts with surrounding
properties. The applicant shall provide a summary
of the nuisances and hazards associated with
development under the proposed zoning, as well as
proposals for mitigation of such nuisances and
hazards. Such summary shall also include, where
applicable, exclusion of particular uses,
limitations on hours of operation, proposed
location of loading areas, dumpsters, and
mechanical equipment, screening of service areas
and mechanical equipment, location of driveways
and service entrance, and specifications for site
PLANNING DEPARTMENT - APRIL 1991
A:LandUse
( 6 )
lighting. Nuisances and hazards shall be abated
or mitigated so as to conform to the performance
standards contained in the City's zoning
regulations and the standards contained in the
City's noise control ordinance. Also, statements
concerning the height, orientation, and bulk of
structures, setbacks from property lines, and
measures for screening and buffering the proposed
development shall be provided. At the request of
the Planning and Zoning Board or City Commission,
the applicant shall also state the type of
construction and architectural styles that will be
employed in the proposed development.
(10) At the request of the Planning Department,
Planning and Zoning Board, or City Commission, the
applicant shall also submit the following
information:
(a) Official soil conservation service
classification by soil associations and all
areas subject to inundation and high ground
water levels.
(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 recreation
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.
(12) Where conformance with the County's
Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of
Environmentally Sensitive Lands (Environmental
Impact Study) must be submitted to the Palm Beach
County Department of Environmental Resources
Management (copy to City) prior to or concurrent
with the submittal of the Land Use Amendment and/
or Rezoning Application to the City.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
( 7 )
III. APPLICATION FEES. 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. CERTIFICATION
(I) (We) understand that this application and all plans and
papers submitted herewith become a part of the permanent
records of the Planning and Zoning Board. (I) (We) hereby
certify that the above statements and any statements or
showings in any papers or plans submitted herewith are true
to the best of (my) (our) knowledge and belief. This
application will not be accepted unless signed according to
the instructions below.
~ ' . 1e .
~ (.~ ..J '..J1. l'M
Sign ture of OWner(s) or Trustee,
or Authorized Principal if property
is owned by a corporation or other
business entity.
} 123l1~
( f Date
V. AUTHORIZATION OF AGENT
~___n ~~
~g~~of Authorized Agent
1}:;"3 J <75
D te
(I) (We) hereby designate the above signed person as (my)
(our) authorized agent with regard to this application.
~4tLt.Q~ "~~
Signature of OWner(s) or Trustee,
or Authorized Principal if property
is owned by a corporation or other
business entity.
I )23 /1~
Date
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
(8 )
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review and Processing Schedule:
Date Accepted by Planning Department
Date Transmitted to City Clerk
Date Notifications Mailed to Surrounding Property
OWners
Dates of Advertisement in Newspaper (rezoning and/or
land use amendment)
Dates of Advertisement in Newspaper (annexation)
Date of Transmission of Departmental Review Forms to
Department Heads
Date of Review by Technical Review Board
Date of Pre-Hearing Conference
Date of Public Hearing Before Planning & Zoning Board
Date of Public Hearing Before City Commission
Date of Transmission of Proposed Comprehensive Plan
Amendment to Florida Department of Community Affairs,
pursuant to Florida Statutes, F.S. 163.3184 (1) (a)
Date of Transmission of Proposed Comprehensive Plan
Amendment to Other Governmental Agencies Requesting
Notification, Pursuant to Florida Statutes, F.S.
163.3184 (1) (b)
Date of Receipt of Notice from Florida Department of
Community Affairs Regarding Comprehensive Plan Amend-
ment, pursuant to Florida Statutes, F.S. 163.3184 (4)
Date of Hearing Before Florida Division of
Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (5) (b)
Date of Hearing Before City commission on Revised
Comprehensive Plan Amendment, Pursuant to Florida
Statutes, F.S. 163.3184 (6) (a)
Date of Transmission of Revised Comprehensive Plan
Element to Florida Department of Community Affairs,
Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
Date of Receipt of Notice from Florida Department of
Community Affairs Regarding Revised Comprehensive Plan
Amendment
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
( 9 )
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Date of Hearing Before Florida Division of
Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (7)
Date of First Reading of Ordinance to Annex
Date of First Reading of Ordinance to Rezone and Amend
Future Land Use Map
Date of Second Reading of Ordinance to Annex
Date of Second Reading of Ordinance to Rezone and Amend
Future Land Use Map
Date of Expiration of Zoning
Date of Expiration of Time Extension for Zoning
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
(10)
NOTICE TO APPLICANTS FOR SITE PLAN,
CONDITIONAL USE, PLANNED ZONING DISTRICT,
SUBDIVISION, OR OTHER APPROVALS
RE: Plans, Elevations, and Other Documents Submitted to City
Commission and Board Meetings
Any documents prepared by applicants which are distributed at the
public meetings must be provided, at a minimum, in the following
quantities in order to allow each Commission or Board member to
have a copy, as well as the City Manager, City Attorney,
Recording Secretary, Planning Director, and Building Official:
City Commission:
10 copies
Planning & Zoning Board:
12 copies
Community Appearance Board:
12 copies
Also, for any site plans, master plans, and elevations which are
submitted for the record at Commission or Board meetings, and
which are revisions to plans or elevations which were previously
submitted to the City, six (6) copies of the revised plans or
elevations must be subsequently submitted to the Planning
Department. Furthermore, any colored elevations which are
exhibited to the Boards or Commission which are different from
those which were previously submitted must be submitted to the
Building Department so that the building color and elevations can
be inspected prior to the issuance of a Certificate of Occupancy.
These measures will allow the City to have an accurate record of
the project as it was approved by the Commission or the Boards,
and will allow for the efficient inspection of the project.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
(11)
NOTICE TO APPLICANTS FOR APPROVAL OF LAND
DEVELOPMENT ORDERS OR PERMITS
please be advised that all applications for the following land
development orders and permits which are submitted on or after
June 1, 1990 will be subject to the City's Concurrency Management
Ordinance, and cannot be approved unless public facilities
(potable water, sanitary sewer, drainage, solid waste,
recreation, park, and road* facilities) would be available to
serve the project, consistent with the levels of service which
are adopted in the City's Comprehensive Plan:
- Building permit applications for the construction of
improvements which, in and by themselves, would create demand for
public facilities.
- Applications for site plan approval.
- Applications for conditional use approval.
- Applications for subdivision master plan approval.
- Applications for preliminary plat approval.
- Applications for final plat approval.
- Applications for rezoning to planned zoning districts.
_ Applications for revisions to any of the applications listed
above, which would increase the demand for any public facility.
* Applications for development orders and permits submitted after
February 1, 1990 and which generate more than 500 net vehicle
trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that
ordinance.
Please be advised, however, that the following applications will
be exempt from the Concurrency Management Ordinance, pending
final approval of this ordinance by the City Commission:
- Applications for the development of property which was platted
on or after January 13, 1978 and either the final plat or the
preliminary plat and Palm Beach County Health Department permit
applications were submitted or approved prior to June 1, 1990,
and the use of the property is consistent with the general use
which was intended for the property at the time of platting.
_ Applications for the development of property which was platted
prior to January 13, 1978, the area of the platted lots does not
exceed 2 acres, and the proposed use would not generate more than
I 500 net vehicle trips per day.
_ Applications for building permit, if a site plan or conditional
use was submitted prior to June 1, 1990 and subsequently
approved, and the site plan or conditional use has not expired.
_ Applications for the development of property within an approved
Development of Regional Impact, and which are consistent with the
approved DRI.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
(12)
_ Applications for approval of final plats, if the preliminary
plat and application for Palm Beach County Health Department
permits for utilities have been submitted prior to June 1, 1990.
- Applications for revisions to previously approved development
orders or permits, which do not increase the demand for any
public facility.
Please be advised that these exemption rules are tentative and
will be subject to final approval by the City Commission.
If you have any questions concerning the proposed Boynton Beach
Concurrency Management Ordinance, please contact the Boynton
Beach Planning Department at (407) a75-6260.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
LEGAL DESCRIPTION
Parcel liB" and lots 35 through 45, inclusive, of Cedar Ridge,
a P.U.D., and High Ridge Commerce Park, a P.I.D., according
to the plat thereof recorded in the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida, at Plat
Book 46, page 58.
J
--
<~
(. f//"
'-'.F) )
~ /;"> J . :'J
V .<__/
LAKE WORTH CHRISTIAN SCHOOL
GYMNASIUM PARKING STUDY
'\.
.~
...) ,
~ .;.;)
. ,-
V
l', t~tbC./
~tJ . \~:;...li/)
JW . (' B J -
IZh{? 00 ~tv
1 "
p(.0
/s
I l1v
Cs.Jo
~'
tJd.:-' /{/ t
(' nl . ,n/'
~ Y r- < .~,-
~f/L\(' ,:,'-" p(<')'J~)~ pl'7f
1 Dd- ,..J.t.)
_ PIJ)"'.
I' ' I /'(
III v p" t~i \rl{;
Rv'~ ~~t'''~ f. r" jlll~1 '10
(i~ r"' \ 1
f71-' " )
( 1)D1
::::>J
iJ{?
') (j ~),
/ N,.,- f."
'I; n pI.- ./
, ( {)
100'1
LJ '6
/
1~
I'. \\.;
. ~ \.... I,X
. \ <l)
k {".
Project 188856
0189EG
January, 1989
Prepared by:
David Plummer & Associates, Inc.
901 Northpoint Parkway
Suite 108
West Palm Beach, Florida 33407
....... -
INTRODUCTION
David Plummer and Associates has been retained to determine ~he
potential parking impacts of a proposed 9ymnasiwn at the Lake
Worth Christian School. The school is located in t.he City of
Boynton Beach on High Ridge Road, west of 1-95 and south of
Hypoluxo.Road (Exhibit 1).
This parking study will examine.the parking code requirements of
Boynton Beach as ~hey pertain to this project.
Existing and
projected parking demand will be analyzed to determine the
parking utilization of the existing school and the needs of the
proposed gymnasium.
EXISTING CONDITIONS .
Lake Worth Christian School consists of a 13,200 square foot High
School and a 6,480 square foot Junior High School. The parking
code indicates that 145 pa~king spaces are needed for the High
School and Junior High School (Exhibit 2).
A weekday parking demand survey was conducted, which show that
only 68 parking spaces are utilized during the peak demand period
of the school day (Exhibit 3).
However, there is a parking
demand for the schools that. also continues into the early evening
hours. After conversations with the school principal, a list of
these evening even~s was compiled:
Event
Finance Meeting
Fall Play
Spring Forensics
Months
Sept. - June
Sept. - Oct.
March - April
Da'(
Mon.
3 days
3 days
Time
7:00 - 9:30
7:00 - 9:00
7:00 - 9:00
Nwnber
of Cars
PM 15
PM 20
PM 20
- 1 -
--
The existing 83 parkinq spaces meets and exceeds ~he peak period
demand ot the schools, ~herefore, meetinq the intent of the code
(Exhibit 4).
PROPOSED GYMNASIUM
The proposed gymnasium consists of 4,200 SF of cour~ area with
13,300 SF of remaining (predominately seating) area. An addition
of 32 parking spaces is also proposed, bringing the total number
of spaces to 102 spaces. A number of spaces in the, existing
faGility were deleted in order to meet the City's n~w l~n~sc~~~
code.
The parking code shows that an additional 48 parking
spaces are required for the gymnasium (Exhibit 5).
PARKING ANALYSIS
. 'l''h~ sc::hool R I p~ak hour. pArk; ng demand of 68 OGr:llr~ from 2: 00 to
3:00 PM which is adequa~ely handled by the proposed 102 available
spaces. Any activities in the proposed gymnasium during this
time frame will be by students, teachers and/or employees already
at school.
Nevert.heless, there is a projected excess of 34
spaces.
The Boynton Beach Zoning Code Sec. 11.H-13 states that
"parking spaces required in this ordinance for one use or
structure may be allocated in part or in whole for the
required parking spaces of another use or structure if
quantitative evidence is provided showing that the parking
demand for the different uses would occur on different days
of the week or at different hours."
- 2 ...
........ -
The peak parking demand for the school is from 2:00 - 3:00 PM,
while the gymnasium will not generate any parking demand until
after 5:00 PM.
The 48 spaces required for the proposed Gymnasium plus the School
usage (23 spaces at 5:00 PM including the 10% buffer) indicate a
total demand for only 71 spaces. The total 102 spaces being
provided will satisfy this demand.
Therefore, the proposed 102 parking spaces for the Lake Worth
Christian School and proposed Gymnasium can be used by both the
school and gymnasiwn for different hours of parking demand and
meet the intent of the Boynton Beach Zoning Code.
CONCLUSIONS
Shared parking can be maximized when land uses with different
demand patterns can be combined. Since the parking requirements
of the gymnasium uses do not coincide with the school's peak hour
parking demand, the sharing of parking spaces is a reasonable
solution.
- 3 -
<h.,1
~
z
1-95
CJ
a:
o
><
:J
...J
o
n.
')-
J:
(!J:c...J
z au.
_ (!J tI)
t- - 00
en J: :r: ~
X 0: UCO
w-,(/)
~o: 5 t:s
~Q:Co
(/)z~:r: 8
-WJ:u ~
x(/)(/) ....
w
UU 3E>OIH H91H
J!. _
....
t:
CD
:J:
X
w
a.
q::
~
z
o
i=
<:
u
o
...J
...J
o
o
:r:
u
en
z
<:
i=
(/)
-
0:
:r:
u
:c
t-
o:
o
;;:
w
~
<(
...J
III
Land Use
High School * -
(13,200 S.F.)
Jr. High School -
(6,480 S.F.)
EXHIBIT 2
LAKE WORTH CHRISTIAN SCHOOL
EXISTING LAND USE
PARKING CODE REQUIREMENTS
Parking Code.
1 Space/lOa S.F.
1 Space/SOO S.F.
* Assumed High School is made up only of
classrooms with no shops.
~-
Spaces Required
132
13
145 Spaces
P-_
EXHIBIT 3
LAKE WORTH CHRISTIAN SCHOOL
PARKING DEMAND SURVEY
Time No. of Cars No. of Spaces Available
2:00 p.m. 68 15
2:30 p.m. 65 18
3:00 p.m. 42 41
3:30 p.m. 31 52
4:00 p.m. 24 59
4:30 p.m. 23 60
5:00 p.m. 21 62
5:30 p.m. 20 63
6:00 p.m. 14 69
6:30 p.m. 14 69
Peak Hour Demand (2:00 p.m. - 3:00 p.m.) - 68 Cars
-- -
....
~ t-
~ I CD
z i
x
w
en
z
0
0 t::
z 0
< CI)
::E UJ Z
w 0 0
0 < ()
t!' Q.
CI)
;: t!' (!)
~ Z
0 0: ~
Z < ~ ~
e. 0:
W a: < 0:
C!l :J Q. <2:
W 0 CJ a.
...J ::r z
~ i= C!l
< ~ z
w x l-
e. w
- !a
C'I co X
C'I C'I W
.
o
0:
o
X
::l
..J
o
0..
')-
J:
-
'{
~
-
10
~
co
(I)
(!JJ:..J
Z (!J 0 l!;
i= - o~
cnJ::c~
- .OlD
xe:en
w-,
..J
o
o
:c
o
en
z
<2:
~
Cf)
0:
:c
u
J:
l-
e:
o
;:
w
~
<(
...J
(!)o: ..J
~ O:r:O ~
'-z -(!) ~ ~
Cf) -.....
_. W J: U
X (J) (J)"-
W
-
C'I
.-
~
OH 3eJOIH HeJlH
iii
Land Use
GYMNASIUM:
Athletic Courts -
(4,200 S.F.)
Remaining Area -
(13,300 S.F.)
Total 17,500 S.F.
EXHIBIT 5
LAKE WORTH CHRISTIAN SCHOOL
PROPOSED GYMNASIUM
PARKING CODE REQUIREMENTS
Parking Code
1 Space/l,800 S.F.
1 Space/300 S.F. '
--
Spaces Required
3
45
48 Spaces
~_.
~
SCOTT
ROYCE
ATTORNEYS AT LAW
SCOTT, ROYCE, HARRIS, BRYAN, BARRA & JORGENSEN, P.A. .
February 1, 1995
Via Federal Express
City of Boynton Beach
Planning and Zoning Board
100 Boynton Beach Boulevard
Boynton Beach, Florida 33425
Dear Sirs:
On behalf of Lake Worth Christian School Society, Inc., I am enclosing herein our
petition for rezoning. Specifically, I include the following:
1. Our check made payable to the City of Boynton Beach, in the amount of
$1,000.00, representing the filing fee.
2. Two (2) executed copies of the petition with all required attachments thereto.
3. Envelopes with postage attached to each of the property owners on the
certified properties list.
4. Twelve (12) copies of conceptual water and sanitary plan.
5. Twelve (12) copies of conceptual paving and drainage plan.
6. Twelve (12) copies of drainage report.
7. Twelve (12) copies of conceptual master site plan.
8. Twelve (12) copies of boundary and topo survey.
RICHARD K. BARRA' JOHN L. BRYAN, JR. . BARRY 8. BYRD' MARK P. GAGNON
J. RICHARD HARRIS' JOHN M. JORGENSEN' DONNAA. NADEAU' RAYMOND W. ROYCE
ROBERT A. SCHAEFFER' ROBERTC. SCOTT (1925-1982)
4400 PGA BOULEVARD, SUITE 800 . PALM BEACH GARDENS, FLORIDA 33410
(407) 624.3900 . FAX (407) 624-3533
. , . ". ~-.
~~~~:'
t,.,',....
,'~,;~~.~7
.. ""~.;..
-i""-". '
~L-0/s,
~.. .
.,.
~.
'.
__-___J_:::JtL...::..-.).,1~.M
'I I I ~ li.~
1 I 1-
~~n- :.:\:.: I; 1...,11
1:11 C 11 L \1
~oo~
RETURN TO: vie 132.
J. IllCHAllD HAIUn S. ESQ.
4400 PGA Blvd.. Suite 900
PaL. Beach Gardens, YL 33410
JAN-21-1qq3 12: 16rm 93-019681
ORe 7561 P'3 1388
II I I I III II II. III I II III
2,075,000.00 Occ 14,S25.~
I
THIS INSTRU~ENT PREPARED BY:
Daniel P. Hensen, Es~~ire
F~deral Depcsit Ins~rance Corp.
P,O. Box 725003
Cdando, FL 32872-50J3
~o7-85a-JJOO
eRE: nighri~gE CCQ~~rce
t
Cen
QJJIT3L1U~ DEEQ
THIS INDENTURE =o=.::e this I)"~ da:,' 0: ';\a.(\u.~ ,1993, by
tne FEDERJ._~ D!::?OSIT I!\StTR.l>ol\CE CORPORA-:IO~I, ks I1arlager of FSLIC
RESOLUTION FwN~, as Receiver for Sunrise Savinas and Loan
';ssoc ia t ion, and SC1:-.:)F, INC., a Flor ida :::orpora t ion, ~;hose address
is P.O. Box 725003, Orlando, FL 32872-5003, hereinaf~er called the
Crantor, to cO:mOR ::;VESTi-:EKTS OF Ph.LJ~ BEACH COLl\,'{, INC., a
Florida corporation, ~hose tax identification nu~ber is 65-0287208.
and '...hose address is Scott, Royce, Harris, Bryan & ;!yland, 44CO
P,G.A. Boulevard, suite 900, Palm Beach Gqrdens, F1o~ida 33410,
hereinafter called t~~ Gcantee,
h'"hen usej herei:-., the ter~s I1G~an~o~" and "Gran~2@" I inciude
all parties to tMis i~.3~ru~en~J their ~~~r$, lasal re~~es~~~atlves
ar,d assigns of indi..'id...:als. and ':r.e successc:'s a ",-: 3s5ig:-:s at
corpo!"ctions.
WITNESSETH: 7~~~ the G~a~~or, :01' and in considQration of the
sur:. 0 f TEr\ .;r;o 00/ j, ,:, (J"HS DOLLARS ($ ~ 0.00) and other good and
'Ja1uable ccn"idcration, paid by the Gr~ntee, receipt and
sufficiency r.en:of is herE:by aCl<no".'le.c.ged, does hereby remise,
release and :ore'Jer g...Jlt clair., unto the Grantee, their/his/her
heirs and assigns, a:1 of Grantor's right, title, and interest in
and to the foilo~ir.g jescrited real property situated in Palm Beach
county, ~tate of Florida, to-~i~:
SEE LE-:;.~_L DESC!,,:PTIO~J 1,T'l:ACHED H:-."ETO AS EXHIBl':' "A"
':'a>: Parcel Nos.: SEE ATI'ACHED LIST
THIS DEED IS WITHOUT ANY WARRANTY (WHETHER ST~TUTORY, EXPRESS OR
IMPLIED), AND GRANTOR DOES HQI WARRANT TITLE TO THE RE~L PROPERTY
HEREBY CONVEYED.
III II ,'.1
11 ,.
'0'.,,- ~~~
FUll !....E:fdl
ORB 7561 Po: 1389
TOGETliER ..lti~ all ~'":e ~er..et:.e:lts, her~dit~en;:s and
appurtenances thereco belonging or i~ anTJise appertai~ing.
IN ~ITNESS w~EOF, ~~e Grar.~~~ cas caused thes~ ~rese~~s ~o
co: s:.c;:-.c", D'f its .~.t:t.)=::,,::-:;-::1-Fac~ c-.tis j~cl2.Y 0= Y...~~'(1
L 9 '13,
,.....~-::~;:;.:)~:S :
FEDERAL DEPOSIT rNSrrRANCE
CORPORATION, as Manager
o! FSLIC ~~SOL:~IO~ ~ro
as ~ecelver fv= SU:1=ise
Savings ~~d Lear.
t\ssociation /
~~~fZit~ ~ ~~
~~s: A~t~~ey-In-Fa~
P.O. 3ax 725003
O=l~~do, :L ~2372-5003
~ ....' /J 17
_ .wJ:?t!ll/rW7 ----
?ri.n~ ~.;a.?e:_i<aMoJ.. ~~~\b.\ e.r-
A/~ ?,/
- , _. zj-- TTT
?r lil'E ~;J.=e: ~ t,..~ ..,Q..\ L-..Ll-CL.c t"'\
/1;, J /'"
/J/., f,,'
~. ,I I' " , . I, 1",-_
. -- ,..-- - {.I .--.--
Pr .int: lIatle: _~\'J'/~-_EdL-.:!,L--
J~-_.
?rin1: ~;c.::.a: .,'::mr:..:11 Ur::,>j.1'::;,.fJ
SUN-OP, INC., a ?lo=ica
corporat:.io~.
3-f: C~.
:Ja::;e:--
:~:
ST~Te OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, ~~a~ on ~~is ~day of ~CU~~, 199~,
b....~or~ I:le per!Jonall:{ appeared ~~_~_,f\\":rl\':)> __.._____, as
;t7.crr.f',y-In-Fact =vr FEDER~.L DEPOS I'!' :~SC:<.hl-iC.;:. CQRPO?J\.TION, as
~~nagar of FSLIC RESOLU?ION FL~, as Receiver for sunrise Savings
'~~d ~o~n ~~so~'ation, to ~e ~~own personally or Nho has produced
..___~ ~u..... u_ as ide:icif i::~:::::m Olnd .;ho siq:1ed ti:.e
~o=egQin~ inst ~e~t dnd ac~~owledged the executicn th~rQof to be
~i:;!her t=ee aC1: and deed :or the l:ses ar::::. pu=p::ses -::-.e::-ein
~e:1ticned.
WITNESS ~1 siq:1ature and oE=i::ial zea: at Orlando, flcri~a in
the county of orange.
~~u:2~
NOT.l\R'[ PUBLIC
lr::?:'''',
L< .
. ...~.
-
,r--:: .
,I..:
I, OJ, \';t.
. , ,of _I ...... .........,.
:!y C()~.:.ss ion
Exoires:
~ ~:OV.R!hL 5th!. J
t!'?
~"'.'...
~':-\'
Il':'z.~.:..."..
"_ :c',,__. .
l,'.._ .
::to' ~;.;.,,~
......' ..;. "
~qll::'
------...... ....~
III 1.1 ':11
.. .I,. ') ~
~~Il- :,,:: I: '~.II
L[(,\L
'it. Il0J
ORB 7561 pg 1390
STATE OF ~
COUNTY OF ~
I HEREBY CERTIFY, 7.cat on t~is r~~cay Of~ ' ~993,
be~o;;e !:Oa pe1.sonally dtlpea.r.. ed "fJ, :JIV; ad _ ' as
~Aoi1.L~ .. ...._ J:or SUN-oP, !:IC., a
~lorida corporat{on, to ~e ~~o'Nn personally or ~ho has produced
as identification and who signed the
foregoing instrument ~~d ac~owledged the execution t~ereof to ~e
his/her fr~e de\: and up-ed ":or t:h~ uses a,,=' pu:-poses ::he:::-eir:
;J;entioned.
WITNESS ~y signat~re ~~d ot~:cial sea: a~
the coun~y ot o~an;e.
~:
l\O...~'{ ?OBLIG
J;
.IIJ
.~.)' . of T, "" "' \ l ,
EX:Pire~ ~~ '::~";.:,:,~,~~,:' - - ,- :
r ",,_1
:~y Co=ission
J
______~,__:.....__~__~____~~_~_:.:L':.__, .___-.::."~~_ "._
".
.. ~ ; -"
. ~ ~' . .;;:" "'''I
.'.'.'. ~,.;.:.",,,,,a '.((<:' '. 'j-"'.,
';;f;+~~'V:..
.....'...~f ~''1'J'.
.~!>$~i~?
-1' .~..~r>~:'f.
~",;.' .0 11". ~ -...."
. . :.,.~~.~~;:f
~~~.tjq:.'
01 11'1.1
] I I q
n'~!J7 ::\~ .il "Ill
rlJ I r I rc II
ORe 7561 --: 1391
EXHIBIT "A"
ALL OF THE PLAT OF CEDAR RIDGE, A P.O.D . HIGH RIDGE COKKERCE PARlt,
A P. I .00' ACCORDIlCG TO THE PL1d' THEREOF ON FILZ IN THE onteB OF
THE CLERlt or 'l'HE CIRCUI'r COUR'l' IN A.'fD FOR PAL.'! BEACH COCN'l'Y,
YLORIDA, RECORDED IN PLM' BOO1C 46, AT PAGES S8 THROUGH 51: AND THE
PUCEL 0' PRePIRn LOCATED U PALM BEACH COtnrrY, FLORIDA MORE
PARTICULARLY OESCRIBED AS FOLLOWS:
FRCH THE NOR~ST COR.'aR OF LOT 9 I BLOCX 1, OF THE PLAT OF CEDAR
RIDGZ, A PoO.D. . HIGH JUDGI CO--~B PAU, A P,1 .D., ACCORDING TO
THE PLA1' 'l'RBREOr ON P IU IN 'rill OnICZ OF 'rill CLERX OF" 'rB:E CDCU1~
COUR"l' IN AND FOR PALl! BEACH eoOft!', l'LOR1DA, RECORDED IN PIM BOOX
46, A'r PAGXS 58 'fBltOUGH 61, AS '!lIB PODl'f or BEGDlNIllIG ~ TBB
HERB.AF'l'ER DESCRIBED PAJt::EL, PROCEED NORTH 88 DEGREES 45 !UliI'O'SS U
SECONDS EAST A DISTANCE OF 542.99 l'UTi THENCE NORTH 00 DEGltBBS 02
KINUTES 44 SECCNDS EAST A DISUHCll OF lS FEn: THENCE SOOTH 88
DEGREES 45 HlNCT!S 14 SECONDS WEST A OIS~C! OF 542.99 FEET TO A
P 0 R. K 0 SET 15 FEET NORTH 01" Tim POIN'!' or BEGINNING .\NO SHOWN OR T'K!
REREIN REfERENCED PLAT; TE:ENCE SOU'rH 00 DEGREES 00 !UNUTES 00
SECONDS A DISTANCE OF 15 PIET TO THE POINT OP BEGLNNING.
~':~..~ '<
f>'
!f<...' .
~~..;- ...;. ..
i.~"
l' .
_ __ -----"-~_. ~~--,_"f~'.:I' _~,t:._
._...~,"Ii~l
.~'.,..
~{;~~
~oos
~....--_.....-,.-
ORB 7561 pg 1392
RECORO VERIFIED OOROlliY H WIU<EN
CLERK OF M COURT - pg C(}IJo(Ty, FL
PROPERTY CONTROL NOS:
08_43_45_09_21_002_0010
08_43_45_09_21_002_0020
08_43_45_09_21_002_0030
08_43_45_09_21_002_0040
08_43_45_09_21_002_0050
08_43_45_09_21_002_0060
08_43_45_0~_21_002_0070
08-43-45-09-21-002-0080
08-43-45-09-21-002-0090
08-43-45-09-21-002-0100
08_43_45_09_21_002_0110
08_43_45_09_21_002_0120
08-43-45-09-21-002-0130
08-43-45-09-21-002-0140
08-43-45-09-21-002-0150
08_43_45_09_21_002_0160
08_43_45_09_21_002_0170
08-43-45-09-21-002-0180
08_43_45_09_21_002_0190
08-43-45-09-21-002-0200
08_43_45_09_21_001_0010
08_43_45_09_21_001_0020
08_43_45_09_21_001_0030
08_43_45_09_21_001_0040
08_43_45_09_21_001_0050
08_43_45_09_21_001_0060
08_43_45_09_21_001_0070
08_43_45_09_21_001_0080
08_43_45_09_21_001_0090
08_43_45_09_21_001_0100
08_43_45_09_21_001_0110
08_43_45_09_21_001_0120
08_43_45_09_21_001_0130
08_43_45_09_21_001_0140
08_43_45_09_21_001_0150
08_43_45_09_21_001_0160
08_43_45_09_21_001_0170
08_43_45_09_21_001_0180
08_43_45_09_21_001_0190
08_43_45_09_21_001_0200
08_43_45_09_21_001_0210
08_43_45_09_21_001_0220
08_43_45_09_21_001_0230
08_43_45_09_21_001_0240
08_43_45_09_21_001_0250
08_43_45_09_21_001_0260
08_43_45_09_21_001_0270
08_43_45_09_21_001_0280
08_43_45_09_21_001_0290
08_43_45_09_21_001-0300
08_43_45_09_21_001_0310
08_43_45_09_21_001_0320
08_43_45_09_21_001_0330
08_43_45_09_21_001_0340
08_43_45_09_21_001_0350
08_43_45_09_21_001_0360
08_43_45_09_21_001_0370
08_43_45_09_21_001-0380
08_43_45_09_21_001_0390
08_43_45_09_21_001_0400
08_43_45_09_21_001_0410
08_43_45_09_21_001_0420
08_43_45_09_21_001_0430
08_43_45_09_21_001_0440
08_43_45_09_21_001_0450
08-43-45-09-21-000-0030
08-43-45-09-21-000-0040
. "" ',..:-T,...:..;.~.;,..7;.,:
.: ~~,(~:~~)f"::fj~::~':':">".':-.~;, ~~i~.,,:~::,:- ._,"~.
"", .', .,....'J; " ~,~1~,.",..
. "" '.' ,.,.., t~~~~f~!.._,.,_.,
LAKE WORTH CHRISTIAN SCHOOL SOCIETY, INC.
7592 HIGH RIDGE ROAD
LANTANA, FLORIDA 33462
City of Boynton Beach
Department of Planning and Zoning
100 East Boynton Beach Blvd
Boynton Beach, Florida
Dear sirs:
J. Richard Harris is hereby authorized to act on behalf of
Lake Worth Christian School Society, Inc., a Florida corporation
not for profit (the "School"), in connection with the School's
application for rezoning as to the property hereafter described:
Parcel "B" and lots 35 through 45, inclusive, of Cedar Ridge,
a P.U.D., and High Ridge Commerce Park, a P.I.D., according
to the plat thereof recorded in the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida, at Plat
Book 46, page 58.
Mr. Harris is authorized to act as the School's agent; however, Mr.
Harris is also the Treasurer of the School and is therefore
designated as the officer of the School to be responsible for the
application.
Should you require anything further, please do not hesitate
to contact me.
Sincerely,
. t:::L0!'-:'> ~Z~
~~~n Fekete, President
LEASE AGREEMENT AND OPTION TO PURCHASE
THIS AGREEMENT ("Agreement") made O~t;,(p.A. 3/ , 1994,
concerning premises described in Exhibit "A" attached hereto and
made a part hereof (the "Premises") between CONDOR INVESTMENTS OF
PALM BEACH COUNTY, INC., a Florida corporation, the owners of the
premises ("Lessor") , and LAKE WORTH CHRISTIAN SCHOOL, INC., a
Florida corporation not for profit ("Lessee").
1. Premises. The Premises is real property adjacent to property
owned by Lessee on which Lessee operates a private school and
related facilities. The Premises is a part of platted single
family subdivision and is vacant land with no improvements other
than roadways as shown on the plat of the Premises and such water
lines, sewage collection lines, and drainage structures as have
been constructed and installed on the Premises. Lessee leases the
Premises for the specific purpose of constructing and installing
thereon certain athletic fields and such structures as are
necessary to serve the athletic fields to be constructed and
installed, all to serve the students and programs of Lessee in its
operation of a private school on its property adjacent to the
Premises.
2. Required A~'Provals. As a condition to the obligations of
Lessee hereunder, Lessee will at its expense, make such
applications and seek such approvals as are necessary to allow
Lessee to construct and install the athletic fields and related
facilities described in paragraph 1 above. Lessor will, as
required, join in and consent to replats, plat abandonments,
amendments to its master plan or site plan and approvals as are
required to permit Lessee to make the herein described improvements
to the Premises. All approvals so required from all governmental
agencies and jurisdictions required to give approval are herein
called the "Required Approvals." ·
3. Lease Term. Lessor leases the premises to Lessee for a term
of five (5) years commencing on January 1, 1995 ("Commencement
Date") until the expiration of the Agreement on a date five (5)
years from the Commencement Date.
4. Rental. Lessee shall pay to Lessor annual rental in the
amount of $17,500.00 ("Rental") , payable in semiannual
installments, in advance, in the amount of $8,750.00 each. The
first installment will be due and payable on January 1, 1995, and
will continue on the first day of July and the first day of January
thereafter. As to all payments of rent Lessee will also pay
applicable sales taxes.
LeSSel":"~
5. Payment of Utilities and Maintenance. Lessee agrees to pay,
where applicable, all charges for electric, telephone, water and
sewer service, garbage collection, and any other services during
the Agreement term. Any charges unpaid by Lessee that are
subsequently paid by Lessor shall be deemed additional rent due
Lessor hereunder.
6. No Assignment of Subletting. Lessee shall not sublet or
assign any part of the premises.
7. Default: Severability. Lessee shall be in default under this
Agreement if it fails to pay any Rental when due or violates any
other provision of this Agreement. Upon such a default, Lessee
shall become a tenant at sufferance. If any installment of rent
shall remain unpaid for thirty (30) days after written notice of
such non-payment shall have been sent to Lessee, then the this
agreement and all rights of the Lessee hereunder will terminate,
but Lessor will not be entitled to the balance of the rental to be
paid hereunder. It is agreed by the parties that the sole remedy
of the Lessor in the event of breach hereof by Lessee is to
terminate this agreement and all rights of the Lessee hereunder,
retain all amounts paid by Lessee as rental hereunder, and regain
possession of the Premises. There shall be no other recourse
against Lessee. No assent, express or implied, to any breach of
any provision of this Agreement shall be deemed to be a waiver of
any succeeding or other breach. In the event any section of this
Agreement shall be held to be invalid, this shall not effect the
remaining provisions.
8. Governing Law and Venue. This Agreement shall be construed
under the laws of the State of Florida. Any legal action
concerning this Agreement at Lessor,s option shall be brought in
the County Court or Circuit Court, Palm Beach County, Florida. In
any legal proceeding concerning this Agreement, the prevailing
party shall be entitled to recover the costs of the proceedings
including a reasonable attorney's fee. The court shall advance the
cause on the calendar.
9. Alterations of the Premises. No alterations or modifications
of the Premises, other than the improvements described in paragraph
1 hereof, will be made without written consent of the Lessor, and
any such permitted alteration shall become the property of the
Lessor.
10. Use of Property Generally. The Premises are to be used only
as indicated and described in paragraph 1 hereof. Lessee agrees
to restrict its use for such purpose, and not to use or permit the
use of the Premises for any other purpose. Lessee further agrees
not to use or permit to be used these Premises for any illegal,
immoral, or improper purpose.
2
Les sejit-! ct.}
/, :1
' ,. ..---"
<- .I
11. Insurance Risk. Lessee will keep the Premises insured against
all risks and will provide liability coverage in such amounts and
with such coverage as is acceptable to Lessor and will provide
Lessor with such certificates or other evidence as required by
Lessor that establishes that Lessor is a loss payee under such
policies of insurance.
12. Access and Inspection of the Premises. Lessor reserves the
right to enter the premises at all reasonable times to inspect such
premises and Lessee agrees to permit Lessor to do so.
13 . Notice. Any notice pursuant to the Agreement must be in
writing and hand-delivered or sent by mail to the last known
address of the party to whom notice is to be given, as designated
by such party in writing. Lessee agrees to furnish Lessor all
applicable residence and work telephone numbers as soon as
available and to immediately notify Lessor as to any change
thereof.
14. Lessor's Disclaimer. Lessor shall not be responsible or
liable to Lessee for any injury, death or damage resulting from
acts or omissions of persons occupying property adjoining or near
the Premises or for any injury, death or damage to personal
property resulting to Lessee or its property from theft, fire,
explosion, gas, electricity, water, or by any other cause
whatsoever, except where such loss or damage arises from the
willful or gross negligent misconduct of the Lessor, its agents,
servants, or employees.
15. Time of Essence. Time is of the essence regarding this
Agreement.
16. Indemnification of Lessor. Lessee shall defend, indenmify and
hold harmless Lessor and the agents, servants and employees df
Lessor from and against any and all claims, suits, actions,
damages, expenses and causes of action arising during the term of
this Agreement for any.persona1 injury, loss of life, and damage
to property sustained in or about the premises, by reason or as a
resu1 t of Lessee's occupancy thereof, and from and against any
order, judgements, or decrees which may be entered thereon, whether
or not covered by insurance.
Lessee shall defend, indemnify and hold harmless Lessor
against any liability or loss arising out of injury to any person,
or damage to any property belonging to Lessee or to any other
person occurring in or about the premises where such injury or
damage is caused by fire or other casualty not covered by Lessee's
insurance.
3
Lesse~jl}-
~;. i
1..--
l '.
All personal property placed in the Premises shall be at the
risk of Lessee or the owner of such property. Lessor shall not be
liable for any loss or damage to such personal property.
17. Insurance. Insurance.
insurance on its own property
Agent liable for any damages to
premises.
Lessee shall be responsible for
and agrees not to hold Lessor or
Lessee,s property on or nearby the
18. Waste or Nuisance. Lessee shall not allow any waste or
nuisance on the Premises. Lessee shall neither use nor occupy the
Premises or any part thereof for any unlawful, disreputable, or
ultrahazardous business purposes nor operate or conduct its
business in a manner constituting a nuisance of any kind. Lessee
shall comply with all laws, ordinances, rules and/or regulations
applicable to the use and occupancy of the Premises by Lessee and
the business therein conducted by Lessee as such laws, ordinances,
and/or regulations have been promulgated by public authorities
having jurisdiction over the Premises, and/or the business of
Lessee.
19. Covenant of Ouiet Enjoyment. Provided that the rents and
other amounts are paid in the manner and at the time prescribed,
and all the covenants, conditions, and warranties herein are
fulfilled and performed, Lessee shall lawfully and peaceably have,
hold, possess, use, and occupy the Premises during the term hereby
granted, or any extension or renewal thereof, without any
hindrance, disturbance, or molestation from Lessee or from persons
claiming by, through or under Lessee, except as specifically
provided herein. Lessor hereby warrants to defend Lessee against
the lawful claims of all persons against the Premises and property
hereby demised. Lessor represents and warrants that there are no
third parties claiming title or any interest in the Premises.
20. Entire Taking. If the whole of the Premises shall be taken
or condemned by any competent authority for any public or quasi
public use or purpose, this Lease shall cease and terminate as of
the date on which title shall vest thereby in that authority, and
the rent and other amounts reserved hereunder shall be apportioned
and paid up to that date.
21. Partial Taking. If only a portion of the Premises shall be
taken or condemned, and such partial taking or condemnation does
nor render the Premises unsuitable for the purposes of Lessee as
set forth herein, this Lease and the term hereof shall not cease
or terminate, but the rent payable, and the purchase price set
forth in the option provisions of this lease, after the date on
which Lessee shall be required to surrender possession of such
portion shall be reduced in proportion to the decreased use
suffered by Lessee, based on square footage, and calculated by
LeSSe~XJ
i. 7 ,
4 V,. '-
multiplying the ratio of the square footage of the taken or
condemned portion of the Premises to the total square footage of
the Premises as delivered to Lessee on the Commencement Date, by
the annual rent payable by Lessee hereunder, which product will
constitute the new annual rent to be paid during the remainder of
the lease term. In the event of a partial taking, Lessor shall
restore the Premises to a condition comparable to its condition
prior to the condemnation less the portion lost in the taking.
22. Condemnation Award. In the event of any taking or
condemnation in whole or in part, Lessor and Lessee will each be
entitled to seek and receive compensation from the taking authority
for the interest of each in the premises. Any award for the
improvements constructed and installed by Lessee will belong to
Lessee.
23. Partial Destruction. Partial destruction of the improvements
located on the Premises shall not render this lease void or
voidable, nor terminate it except as herein provided. If the
improvements located on the Premises are partially destroyed during
the term of this lease, or any renewal or extension thereof, Lessor
shall, at its sole expense, repair them when such repairs can be
made in conformity with governmental laws and regulations. Rent
will not be abated for the period of such repair. In the event the
repairs cannot be made in conformity with all governmental laws and
regulations, this lease will terminate at the option of the Lessee.
24. Total Destruction. Should the improvements located on the
Premises be destroyed to the extent that:
(i) The Premises are rendered unsuitable for Lessee,s stated
purposes;
(ii) Repairs to said improvements cannot be accomplished; and
the lease shall be terminated and both Parties released from
further liability thereunder, except as to rights already accrued
up to the time of such destr~ction.
25. Interruption of Service. Interruption or failure to any
service required to be furnished to Lessee, if due to causes beyond
Lessor's control, shall not entitle Lessee to any allowance or
reduction in rent.
26. Taxes. Lessee will be liable for and shall pay any sales,
use, or other similar tax on all amounts paid by Lessee to Lessor
hereunder. Lessee will be liable for and shall pay any ad valorem
real property tax levied on the Premises.
Lesse~-vf~,}-
--
5
'. I
27 . Entire Agreement. This Agreement and the form of contract for
sale and purchase attached hereto contain the entire understanding
between the parties and may not be changed or modified except in
writing and signed by all the parties.
28. Option. Lessor hereby grants to Lessee an exclusive and
irrevocable right and option to purchase the Premises upon the
terms and conditions set forth hereafter and as set forth in the
printed provisions of the form of Contract for Sale and Purchase
(and the Standards incorporated therein and made a part thereof)
which Contract for Sale and Purchase (the "Contract") is attached
hereto and made a part hereof as Exhibit "B." The Contract is
incorporated into this Agreement as fully as if set forth herein.
The Contract shall control and govern the rights of the parties,
expenses, closing procedures, etc., as set forth therein; provided
however that upon exercise of the option the Lessee agrees to
purchase the premises as is and upon taking occupancy of the
premises in accordance with this agreement, Lessee agrees and
acknowledges that the premises are acceptable and that no condition
of the premises shall constitute an excuse for performance by
Lessee; provided further that all prorations will be as of the
Commencement Date.
A. Purchase Price. The purchase price paid by Lessee to
Lessor will be the sum of $250,000.00.
B. Closing. The closing will take place on or before thirty
(30) days from the date that the option is exercised.
C. Exercise of Option. It is the intention of Lessee and
Lessor that Lessee shall have the sole and exclusive option to
purchase the premises on or before the Termination Date. The
option to purchase may be exercised by Lessee at any time prior to
the Termination Date by Lessee providing written notice of Lessee's
intent to exercise the option delivered and received by Lessor
before the Termination Date. Provided, however, that if Lessee has
not sooner exercised the option, and Lessee has fully complied with
the terms of this lease, on the Termination Date Lessee will be
considered to have exercised this option and the Premises will be
conveyed to Lessee in accordance with the terms hereof and the
terms of the Contract. Provided further, that if this lease
terminates for any reason other than the termination on the
Termination Date, the rights of Lessee under the terms of these
option provisions will terminate and Lessee will have no rights to
purchase the property in accordance with these option provisions.
D. The right and option of Lessee to purchase the premises
may not be assigned by Lessee.
Lesse~t 3-
/ /' \
6
E. Recordincr. Neither this Agreement nor any memorandum
thereof will be recorded in the Public Records of Palm Beach
County, Florida.
F. Conversion to Contract. Upon exercise of the option to
purchase, the Lessee shall be considered a contract purchaser and
Lessor shall be considered a contract seller under the terms and
provisions of the Contract and the Contract shall be enforceable
in accordance with its terms.
G. Notices. All notices, requests, consents, and other
communications required or permitted to be given under this
provision concerning the option to purchase the Premises, will be
in writing (including telefax or telecopy) and shall be sent by
certified mail, postage prepaid, return receipt requested, or shall
be hand-delivered or delivered by a recognized national overnight
courier service, or shall be sent by electronic communication
(whether by telefax or telecopy) addressed as follows:
If due Lessor:
7952 High Ridge Road
Lantana, FL 33462
C/O James Vanderwoude
6225 Pine Drive
Lantana, FL 33462
If due Lessee:
or to any other address or addresses as any party may designate
from time to time by notice given in accordance with this
prov~s~on. Any such notice will be deemed delivered: (a) on the
date upon which the return receipt is signed or delivery is refused
or the notice is designated by the postal authority as not
deliverable, as the case may be if mailed; (b) on the date
delivered by personal delivery; (c) on the date of delivery by a
recognized national overnight courier service; or (d) on the date
of transmission if sent by electronic communication (whether By
telefax or telecopy) .
IN WITNESS WHEREOF, the parties have signed this Agreement on the
day and year first above written.
LAKE WORTH CHRISTIAN SCHOOL, INC.
coNDOR. INVESTMENTS OF PALM
BEACH COUNTY, "D9"
. ~ /
By :!~-~L~ Cj
'..-/
Dated:
""'::>
{ -Z-:::;:~
-
By: ~LW.N K~,--~-b
Dated: 1/ /2../Q4
, .
I t:;i
..., /. " ?' <-,L
1.. 'f-' I
7
Lesse~
;
'- f
L
EXHIBIT "A"
Parcel "B" and lots 35 through 45, inclusive, of Cedar Ridge,
a P.U.D., and High Ridge Commerce Park, a P.I.D., according
to the plat thereof recorded in the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida, at Plat
Book 46, page 58.
CONTRACT FOR ..E AND PURCHASE. .
FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR
,
PARnES:
01
(oW\dln- 1:", "e.1>>+\Aotf'_b
of B:It.l-. ~...^..J... {OUtA. 1-t
"I tfL .
("~"),
IPhone
and [&lk, (.a.}o-rt;k CLtV'ifof.QIA. SLLool , 1:'-4(,' ("~
01 (Ph008
hIlreby agree that the Seller shall sell and Buyer shall buy the lollowlng raal property ("Real Pro~rtY.1 and per&Olllll property {.Persona~"1 (Colleclivel~~rtY"1 upon lhe loIlo~
terma and coodltionll, which INCLUDE the Stlllldalda lol' Real Estate Transaclions ("Standard(s) printed on the rever&e or allached a any Riders ends 10 lhis instrulT
I. DESCRIPTION:
(a) Legal descrlplion 01 Real Properly located In
.A~6~';\be.A \v.. lpf'.....~e
~A..,..... ~~o. c."'-
4 "i .,.... II Pt'''MA'Sf!'~ I.
Counly, Florida:
(b) Slreet addre88, city, zip. ollhe Property ia:
(c) Peraonally:
..........,...............,.......... $
:350 .t:IOO. D1
II.
PURCHASE PRICE ...,........................................,..................................,..,.....
PAYMENT:
(a) Deposll(slto be held in escrow by
(b) Addillonalescrow daposil within days eller Ellective Date iIllhe amount 01. . . . . . . , .
(c) Subject to AND assumption 01 mortgage in good slanding in faVO! 01
ill the amount 01 .
.$
.$
having an approximate present principal balance 01 . .. $
td) Purchase money mortgage and nole bearing annual interest at ... Isee Addendum) in amount 01 . , . $
lei Other: $
II) Balance to close (U.S cash. LOCALLY DRAWN cllltihed or cashier's checkl, subject to adjustments and p1orations. . . $ ;J !i~ ~ ~" Di:>
Ill. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: It this oller is not llXllCuted by and delivered 10 all parties OR FACT OF EXECUTION communicated in WI
between the perties 00 or belore N JIi , the deposil(s) w~I. at Buyer's option, be returned to Buyer and this oller withdrawn. A lacsimile copy ot
Contract lor Sale and Purchase ("Contract"l and any siQnatures hereon &hall be corlSklered lor all purpoSlls ai originals The date 01 Contract ("Ellective Date") will be the date v
the Iasl one 01 lhe Suver and Seller has signed this oller.
IV. FINANCtNG:
(a) the purchaie price or any part 0' it Is to be Ii
or (2)
years and lor the principal amount 01 $
ed by a third-party loan. this Contracl is conditioned on
ixed or adjustable rata loan within- days aller Ellecliv
. Buyer will make application wilhin
Buyer obtaining a wnllen commitment lor (CHECI
ale at an imliallnlerest rate nol to exceed_
days aller Ellective Date and use reasor
diligence to ain the loan commitlnent and, lhereafler, to meel lerms and conditions ot the commitment and close the n. Buyer shall pay all loan expenses. II e
'ails to obtain commitmenl or lails to waive Buyer's rights und Ihis subparagraph wilhin lhe time lor obtaining the comm nt or aller dillgenl ellorl fails 10 Rlllel
terms and condit s 01 the commilment. then either party therealler prompt wrlllen notice to the other may cancel thll Conlrac nd Buyer shall be relunded the depO!
(b) The exiiting mor 'ge described in Paragraph lI(c) abOve has (CHECK ... per ar
At time 01 title trans'er s ed, the rale shall nol exclled 'lio per annum. Sa r shall, wilhin days
Ellective Date, lurniih stat nts from all mortgageei itatlng pnnclpal balance thod 01 payment, interest rate and status 01 mortgage It Buyer has agreed 10 assOl
mortgege which requires a al 01 Suver by the morlgagee for aisumptlon, thli yer shall prOW()t1y oblalo all rll9u1red appllcallons and III diligently complete and n
lhem to the mortgagee. Any m e charge(sl nol 10 exceed $ U be paid by (II not IIIIed in, equaUy d . d). II Buyer is not acc~
by morlgagee or the requiremenli asSUmpllOll are not In accordance with the ler this Coolracl or mortga~e makes a charge in exce ot lhe slated amounl, ~
or Buyer Olav rescind this Contract by Is to pay the increase III inlllresl rate or excess morlg
V. TITlE EVIDENCE: Alleasl days belore closing date, Seller &hall, at Seller's expense, deliver to Suvlll or Buyer's allorOllY, in accordance with Standa
(CHECK (1) or (2)): (1) 0 abslract oltille or (2) lille insurance commitment and, altar closing, owner's policy otlille Insurance. .
~d6.tJ~ tI~t~..... Dpt,ol.-'-
VI. CLOSING DATE: This transaction shall be clo&ed and the deed and other cloSIng papars delivered on l"i,.. ..l''i"~ I c"t'"d . unless extended by other \lfovisions 01 Con
VII. RESTRICTIONS; EASEMENTS; LtMITATlONS: Buyer shlill lake tille subjeclto: zoning, restnctlons. prohibdions arid other requirements imposed by governm.lI1tal authority. restnc
and mailers appearing on the plat or otherwise common to the subdivision; public utillly easemants 01 record (ea61101llnls Me to be localed contIgUOUS 10 Real Property lines
not more than 10 teet in widlh as 10 the rear or Iront lines end 7..... leet in widlh as to the side 1"'IllS unless.. O\herw' alaled eilll; laxes tor year 01 closing and subSllC
years; assumed mortgages and purchase money mortgages. il any; oIher: t!C r )\1\,,\.1..
that there exiats al closing no vlolalion otthe loregoing and none 01 them prevllOts usa 01 Real Property 'or ~IJe1o~t b ~ 1\1lt l~""" P;e."c"
; prov
purpo!
Vllt. OCCUPANCY: Seller warranti thai there are no parlies ill occupancy other than Seller; bul, it Property iii inlended to be rented or occupied beyond closilll1, the tacl and t
thereol shall be slaled herein and the lenarll(s) or occupants disclosed pursuant to Slaodard F. Seller agrees to deliver occupancy ot Property al lime 01 closlJlg unless othel
s1aled herein, II occupancy is 10 be delivered betore closing, Buyer assu01llS all risk 01 loss to Properly Irom dale ot ocaJPllllCV. shall be respolliible alld liable tor mainlenance
that date. and shall be dee01lld to haveacCllpted Property in ita existing condilion a8 of ti01ll 01 taking occupancy unless oIherwise slaled herein or in a ieparate writing.
IX. TYPEWRtTTEN OR HANDWRITTEN PROVtSIONS: TypewrillllO or handwrillen provislorls shall control aU printed provisiona 01 Contract in conllict wilh them,
X. RIDERS: (CHECK II any 01 the 'ollowing Riders llIe applicable !!!! are allached to this Contract):
la) 0 COASTAL CONSTRUCTION CONTROL LINE RIDER (c) 0 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER
(bl 0 CONDOMINIUM RIDER {dl 0 INSULATION RIDER
XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may asslgn or (21 0 may nol assign this Contract.
XII. SPECIAL CLAUSES: ICHECK (1) or 12)): Addendum (II 0 is allached or (2) 0 there is no Addendum.
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT.
XIV. DISCLOSURES: Buyer 0 acknowledges or 0 dOllS nol acknowledge receipt 01 the agency/radon/compensation and eillmaled closing costs disclosures.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNIN
THIS FORM tIAS BEEN APPHOVED BY THE FLORIDA ASSOCIATION Of REALTORS AND THE FLORIDA BAR.
ApprCNal ac- no/ corwlllule WI op/niofIlhal WIl' 01 IfNI ..ms IRI corxfUonl *' UliI CaiIlICI shc>u/C1 ". IIC~ tll' IfNI piIfIiea *' . pw/IWIaI /JansacOOn. T8IffiS
IRI corxf/lOOs tihWd be IIefIOIJiIIod baslKl IfIal IfNI rea;pecM ....", ~ IRIllWgairIQI pDf;iUonll 01 .. tJlMeIilBCI ~
COPYRIGHT 19111 ft( THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS
(e) 0 FHAIVA RIDER
(I) 0 OTHER:
BUYER'S tNIl
----------------
(Buy.r)
Social Securily or Tax 1.0. /I
Dale
CSeII.r)
Social Security or Tax 1.0. /I
Date
ISell..1
Social Security or Tax 10 /I
tBuyer'
Social Sacurily or Tax 10. /I
Deposit under Parllllraph lI(a) rec"ivlld; IF OHlER THAN CASH, llIEN SUBJECT TO CLEARANCE
BROKER'S FEE: (CHECK AND COMPLETE THE ONE APPLICABLE) By:
o IF ~L1STING AGREEME~T IS CUR~
SIll r 8greesto pay the oker name w, nc ng cooperallng sub-agents named, accordulQto tha ltmns of an existillQ. ieparate tistlllQ agllltlmtlnl.
(Escrow"
OR
o IF NO LISTING AGREEMENT IS CURRENTLY IN EFFEC1:
Saller BOrees 10 pay lhe Broker named below, al time 01 closillQ, Irom the disbursements 01 the proceeds 0' the sale, compansollon In the amount 0' (COMPLETE ONLY I
_ ~ 01l.lr06s rjUrC"oslll.lf~'" or $ for BlOker'li lie/viGes III uflecling IhOllialOl by lhlllin\llhe Buyer ,,,.....y. willinll arid able to purchase pursuant 10 lhe loregoing COil
II Buyer lails 10 perform and Jeposilllll is retained. 50% the.eof, but nol exceeding the Broker's fee above provldtld, shall be paid Broker as lull consideration tor Broker's sen
including COils eXpdndetJ by flIok"r, d,lLl the bolance ihall be paid 10 &Iller. II the transaclion shall not CIOSll becauie 01 relusal or lailure 01 Seller 10 perform, Seller shall pa~
lull tee 10 Broker on dtimand In any IllIgation erislng out 01 the Contract cOllCllIning the Broker's lee, the prevailing palty shall recover reasonabltl "Horney's leei and costs.
'V. r:M:,~,-'"77.~'~; ;.,,----------.--"--------
(firm name 01 lolling Broker)
By
1.11111., 111/,>.1 .,i'llldt.., v)
(Seller)
'firm name "I tt.h'l\I emkurl
m~-------
I' 'I II I I , !, II' '. I ~ I'
STANDARDS FOR REAL EST'- ~ TRANSACTIONS
A, EVIDENCE OF TITLE: (11 All abstract 01 title prepared or brought currenl by a repulable and existing abslract lirm (il not existing then certilied as correct by an existil~
purporlil1ll to be an accurate synopsis of the Inslruments affecting hlle to ,he Real Properly recorded in 'he pulJlic records 01 lhe county wherein Real Property la localed t
Etlective Date and which shall commence with lhe earliest public records, or such later dale as may be customary in the county. Upon closing 01 this transaction, the abstrlll
become the property 01 Buyer, subject to the right of retention thereol by first mortgagee until lully paid. (2) A litle insurance commitment issued by a Florida licensed tille
agreeing 10 Issue to Buyer, upon recording 01 the deed 10 Buyer. an owner's policy of tille insurance in the nmoullt 01 tho purchase price Inslllin!1 BlIyer's 1iI1e to the Real Pr
subject only to liens. encumbrances, exceptions or quatiflcations set torth III this Conl,act and lhose which shall bo dischrnged by ~Iler at or Imlore closing. Seller shall
mlllkelable fltie subjecl only to liens, encumbrances, exceptions or qualilicaltons specitied ill tho Contract. Ma,ketable tille shall be determined according to applicable Title Stc
IIIJopled by authorily of The Florida Bar and in accordance wilh law. Buyer shall have 30 days, if abstract, or 5 days, il tille commitmenl, hom dOlle 01 leceiving evidence
to examine II If Iii Ie is loulld ,lelecti\lf), Buyer shall, within 3 days, notily Sullm ill wliting SIlP-cHying delocl!sl. II Iho .10fm;Usl"HXIIll till" 1I11111;lIkdill.t." S"'b will havo t20,ln)
receipl 01 nolice within which to remove the delect(sl, lailing which Buyer shall have the option 01 eilher accepling the tille as it Ihen is or dlJlnallding it rululM.l of oolXlsil(
which shall immediately be returned 10 Buyer; lherelJl.lon, Buyer and Setler shall release one another 01 alllurther obligations u,1de, lhe Contract Seller shall, if tille is fOllnd unmar'
use diligent ellorl to correct delecl{sl in the tille within the lime provided therefor. including the bringing 01 necessary suits
B, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase flIonuy nlOflyage and lTlollgage note to Seller shall plovide lor a 30-day grace pi
the event 01 delaull if a Iirst mortyage and a 15-day grace period if a second or lesser morlyage, shall plovide lor right 01 prepayment in whole or in Plllt without penalt
rIOt permit acceleration or inlerest adjustment in event of resale 01 Real Property; shall require all prior liens and encumbrances to be kept in good standing and lorbid modifi
of or lulure advances under rllior morlgaye(sl; and the mortgage, note and security agreemenl shall be olherwise in lorm and conlent reqUired by Seller; but Seller may only
clauses customarily lound In morlgages, mortgage noles and secUlity agreemenls generally utilized by savings and loan institulions or stale or nationat banks located In the
wherein Real Property is localed All Pmsonally and leases bemg conveyed or assigned will, at Seller's option. be subjocl to the lien 01 a security agreement evidenced by rE
financing slatements " a balloon mOflgage, the linal payment will exceed lhe periodic payments thereon.
C, SURVEY: Buyer, at Buyer's expense, Within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and ce.tilied by a registered
surveyor." survey shows encroachmenl on Real Property or that improvements located on Real Property encroach on setback lines, easements, lands of others Of violate any rest
Contract covenants or applicable governmental regulation, lhe same shall constitute a title delect.
D, TERMITES: Buyer, at Buyer's expense, 'Nilhin time allowed to deliver evidence 01 tiUe and to examine same, may have Aeal Property inspected by a Florida Certified Pest
Operator to delermine il there is any visible active termite inlefitation or visible existing damage Irom termite infestation in the improvements " either or both are lound. Bu
have 4 days from date 01 written notice thereol within which 10 have all damages, whether visible or not, inspected and estimated by a licensed builder or general conlraclol
shall pay valid costs 01 treatment and repair 01 all damage up to 2% of purchase price. Should such costs exceed lhal amounl, Buyer shall have thlJ option of cancelling (
wilhin 5 days aller receipt 01 contractor's repair estimale by giving wrilten notice to Seller or Buyer may elecl to proceed with lhe Iransaction. in which event Buyer shall
a credit at closing 01 an amount equal to lhe total 01 the treatment and repair estimate not in excess 01 2% 01 the purchase price. "Termites" shall be deemed to include ~
deslroylng organisms required to be reported under lhe Florida Pest Control Act.
E, INGRESS AND EGRESS: Selle' warrants and repreE-ents that there is ing,ess and egress to the Reat Property sullicient lor the intended use as described in Paragraph VI
Iille to which is in accordance with Slandard A.
F, LEASES: Seller shall, rlOl less Ihan 15 days belore closing, lurnish to Buyer copies 01 all wrillen leases and esloppel Iellers Irom each tenant specifying the nature and
01 the tenant'8 occupancy, renlal rates, advanced rent and security deposits paid by tenant II Seller is unable 10 obtain such letter lrom each lenanl. the same information
lurnished by Seller 10 Buyer within that time periOO in the lorm 01 a Seller's allidavit. and Buyer may thereafler conlacl tenants 10 conlirm such information. Seller shall. at
deliver and assign all original leases to Buyer.
G, LIENS: Seller shall furnish to Buyer at time 01 closing an affidavil attesting to the absence, unllJss otherwise provided lor herein, of any financing statements, claims 01
potential tienors known to Seller and further aUesting that there have been 110 improvements or repairs 10 the Property for 90 days immediately preceding date 01 closing. If I
has been improved or repaired wilhin thai time, Seller shall deliver releases or waivers 01 mechanics' liens executed by all general contractors, subconlraclors, suppliers and mat,
in addition to Sellers lien affidavit selting 100th the lIames 01 all such general contraclors. subcontraclors, suppliers and materialmen and lurther allirminllthat all charges lor impro
or repairs which could serve as a basis lor a mechanic's lien or a claim lor damages have been paid or will be paid at closing of this Conlract.
H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office 01 the allorney or other closing agent designated by Seller.
I, TIME: Time periods herein of less than 6 days shall in the computation exclude Salurdays, Sundays and slate or national legal holidays. and any time period provided Ie
which shall end on Salurday, Sunday or e Iegat holiday shall extend to 5,00 p.m. 01 the next business day,
J. DOCUMENTS FOR CLOSING: Seller shalllurnish lhe deed, bill of sale, mechenic's lien allidavit, assignments 01 leases, tenant and mortgagee estoppellellers and corrective inst
Buyer shall lurnish closing statement, mortgage, mortgage note. securily agreement and linancing slatements.
K. EXPENSES: Documentary stamps on the deed and recording cor,ective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchasl
mortgage to Seller, deed antlfinancing statemenls shall be paid by Buyer.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest. insurance and other expenses and revenue of Property shall be prorated through day belore closing. Buyer sl
the option 01 taking over any exisling policies 01 insurance, il assumable, in which event premiUms shall be prorated. Cash et closing shall be Increased Of decreased as
required by prorations Prorations will be made through day prior to occupancy il occupancy occurs belore closing Advance rent and security deposits will be credited to B4
escrow deposits held by mortgagee will be credited to Seller Taxes shall be prorated based on the currenl yelll's lax with due ellowance made for maximum allowable I
homestead and other exemplions. II closing occurs at a date when the current year's millage is not tixed and current year's assessment is available, laxes wUI be prorate
upon such assessment and the prior year's millage II current year's assessment is not available. lhen taxes will be prorated on the prior year's tax II 'here are completed imprc
on the Real Properly by January 1st 01 year 01 closing which improvements were not in existence on January 1st ot lhe prior year, then taxes shall be prorated based I
prio, year's millage and at an equitable assessment to be agreed upon between the par lies, lailing which, request will be made to the County Property Appraiser for an
assessment taking into consideralion avaitabte exemptions Arr; tax proration based on an estimate shall. at request 01 either Buyer or Seller, be subsequenlly readjusted upo
of tax bill on condition Ihat a statement to Ihat ellect Is in the closing statement
M, SPECIAL ASSESSMENT LIENS: Certilied, conlirmed and ratllied special assessment liens as 01 dale 01 closing (not as 01 Elleclive Date) are to be paid by Seller. Penc
as of dete of closing shall be assumed by Buyer. II the implOvement hes been substantially completed as of Elleclive Dale, such pending lien shall be considered certilied. c
or ralified and Seller shall, at closing, be charged an amount equal 10 the last estimate 01 assessmenl lor the implovement by the public body
N, INSPECTION, REPAIR AND MAINTENANCE: Seller warrants 'hal. as 01 10 days prior to closing, the ceilln9, rool (including lhe fascia and solhlsl and exterlOf and inler
seawalls (or equivalenll and dockage do not have any VISIBLE EVtDENCE 01 leaks, waler damage or slructural damage and thaI the seplic tank, pool, all appliances. I1ll
items, heating. cooliny, electrical, plumbing systems and machinery are in WORKING CONDITION Buyer may, at Buyer'S e.pense, have inspeclions made 01 lhose items t
or individuat specializing in home inspections and holding an occupational license lor such purpose (iI requiredt or by an appropricitely licensed Florida contraclor BuyBl' sl
10 Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first, report in writing to Seller such ilems that do not meet the above standards as 10
Unless Buyer reporls such defects within Ihal time, Buyer shall be deemed to have waived Seller's warranlies as to delects nol reported II repairs or replacements are
Seller shall cause such repairs to be made and shall pay up 10 3% of the purchase price lor such repairs or replacements as may be required In order 10 place such items in VI
CONDITION. II the cost lor such repairs or replacement exceeds 3% 01 the purchase price, Buyer or Seller may elecl to pay such excess, lailing which eilher party m~
this Contract II Seller is unable to correct the delects prior to closing, the cost thereol shall be paid into escrow at ctosing Seller will, upon reasonabte notice, provide utilitiei
and access to the Properly lor inspections, including a walk-Ihrough prior to closing. Between Elleclive Date and the date 01 closing, except lor repairs required by this:
Seller shall maintain Property, Including, but not limited to, the lawn and shrubbery. in the condition herein waHanted, ordinary wear and tear excepted.
0, RISK OF LOSS: II the Property is damaged by fire or other casually before cloSing and cosl 01 restoralion does nol exceed 3% of the assessed valuation 0' the Prc
damaged, cost 01 resto,alion shall be an obligation 01 the Seller and closing shall proceed pursuant to the terms 01 Contract wilh resloration costs escrowed al closing II
01 restoration exceeds 3% 01 the assessed valualion of the improvements so damaged, Buyer sllall have the option ot either taking Property as is, logelher with eilher II
any Insurance proceedS payalJle by vi,lue 01 such loss or damage, or 01 cancelling this Contract and receiving relurn ot deposit(s)
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance 01 funds II abslracl, evidence of tille shall be continued at Buyer's e.pense
tille in Buyer, wilhout any encumbrances or change which would rende, Seller's liIle unmarkelable Irom the date of lhe last evidence Proceeds 01 the sale shall be held ~
by Sellers allo,ney or by such other mutually acceptable escrow agent lor a period 01 nol longer than 5 days hom and aller closing date. If Seller's tille is rendered unm
through no lault 0' Buyer. Buyer shall, within the 5-day period, notify Seller in writing of the delect and Seller shall have 30 days from dale 01 receipt 01 such noIllicatior
the delect. II Seller lails to timely cure the delect, all deposit(sl and closing lunds shall, upon wrillen demand by Buyer and within 5 days alter demand, be returned to E
simultaneously wilh such repayment, Buyer shall return Personally and vacate Properly and reconvey it to Seller by special warranty deed. If Buyer tails 10 make timely de
relund. Buyer shall lake tille as is, waiving all rights against Seller as to any intervening de'ect except as may be available to Buyer by virtue 01 warranties contained in I
If a portion 01 the purchase price is to be derived Irom inslilutional financing or relinancing, requirements 01 the lending inslitution as to place, time 01 day and procedures Ie
and lor disbursement o. morlgage proceedS shall conlrol over contrary provision in this Contract. Seller shall have the right to require lrom Ihe Iendinll institulion a wrillen co
that it will not withhold disbulsemenl 01 mortgage procdeds as a resull 01 any tiUe delect attributable to Buyer-mortgagor. The escrow and closing procedure required by this
may be waived if lille agenl insUles adverse matters pursuant to Section 627784t, F.S (t9891. as amended
0, ESCROW: Any escrow agent ("A~ent") receiving tunds or equivalent is authorized and agrees by acceptance of them to deposit Ihem prom"Uy, hold same in escrow ani
to clearance. disburse them in accor ance with terms and condilions of Contract. Failure 01 clearance 01 lunds shall not excuse Buyer's pe.lormance. If in doubt as to Agel'
Of fiabilities under the provisions 01 Contract. Agent may. al Agent's option, continue to hold the subjecl mailer of Ihe escrow until the parties mutually agree to its dist
or unt~ a judgment 0' a court 01 compelent jurisdiction shall delermine the rights 01 the parties or Agent may deposit same with the clerk 01 the circuit court having jl
of the dispute. Upon nolllying all par lies concerned 01 such action, all liability on lhe part 01 Agent shall lully terminate, except to lhe extent of accounting lor any items'
delive,ed out 01 escrow. If a licensed reat eslate broker, Agent will comply with provisions 01 Chapter 475, F.S. !t989), as amended Any suit belween Buyer and Seller whEll
is made a parly because 01 acting as Agent he,eunder, or In any sull wherein Agenl Inter pleads lhe subjecI malter 01 lhe escrow, Agent shall recover reasonable attorr
and costs incurred with the lees and costs to be paid Irom and out 01 the escrowed lunds or equivalent and charged and eWlllded as court cosls in lavor 01 the prevail
Parties agree that Agent shall not be liable to any party or person 10f mlsctellvery to Buyer or Seller 01 items subject to this escrow. unless such misdelivery is due 10 willi
01 this Contract or gross negligence 01 Agent .
R. ATTORNEY'S FEES; COSTS: In any litigation arising out 01 this Contract. Ihe prevailing party in such Iitigalion WhICh, lor Ihe purposes 01 this Slandard, shall include Sell
listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entiUed to recover reasonable attorney's lees and costs.
S, FAILURE OF PERFORMANCE: II Buyer faits to per'Ofm this Cont,acl wilhin the time specified, including payment o. all deposit!s), the deposillsl paid by Buyer and
agreed to be paid, may be retained by or for the account 01 Seller as agreed upon liquidated damages, consideralion lor the execulion of this Corltract and in lull selllelTlE
claims, whemllpon, Buyer and Sell<Jr shall be relieved 0' all obligations under Contract; or Seller, al Seller's oplion, may proceed in equity 10 entorce Seller's rights under thts
If. lor any reason other than fOlilure 01 Seller to make Seller's tille markelable alter diligent eltorl, Seller lails. negleclS or refuses to "edorm this Conlract, Ihe Buyer may see
performance or elect to receive the return 01 Buyer's deposll(S) without thereby waiving any action lor damages resulling hom Seller's breach
T, CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contracl. nor any nolice 01 it, shall be recorded in any public records This Contract shall
inure to the benefit 01 the "mites and their successors I" inte,est. Whenever 'he context permits, singular shall include plural and one gender shall inctude all. Notice gi
to the attorney lor any party shall be as ellective as il given by or to lhat party.
U, CONVEYANCE: Seller shall convey title to the Real Property by statutory warranty. trustee's, personal representative's or guardian's deed, as appropriale to the stalus
suhject only to maltE'ra contained in Paragraph VII and those olherwise accepted by Buyer. Personalty shall, at requesl 01 Buyer, be translerred by an absolute bill 01 sale witt
of tille, subject only 10 such mailers as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreemenlS or ,epresenlations shall be binding upon Buyer or Seller unless included in this Contract. No modi'ication or
this Contract shall be valid Of binding upon the parlies unless In writing and executed by the parly or parties intendlJd 10 be bound by it.
W, WARRANTIES: Seller warrants that Ihere are no lacls known to Seller malerially altllcling, the valua 01 the Real Properly which are rIOt readily observable by Buyer
have not been disclosed to Buyer.
Cupyllqhl mfl I hy Tho Fklrida Bar and Thu Florida Association 01 REAL TORS
CONDOR INVESTMENTS OF PALM BEACH COUNTY, INC.
430 NORTH "G" STREET
LAKE WORTH, FLORIDA 33460
City of Boynton Beach
Department of Planning and Zoning
100 East Boynton Beach Blvd
Boynton Beach, Florida
Dear sirs:
Condor Investments of Palm Beach County, Inc., owns the
following described property (the "Property"):
Parcel "B" and lots 35 through 45, inclusive, of Cedar Ridge,
a P.U.D., and High Ridge Commerce Park, a P.I.D., according
to the plat thereof recorded in the office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida, at Plat
Book 46, page 58.
The Property is leased to Lake Worth Christian School Society,
Inc., a Florida corporation not for profit (the "School"). The
School has an option to purchase the property under the terms of
the lease.
Condor hereby consents to the application for rezoning the
Property from P.U.D. to R1AA as filed by the School.
If you require anything further, please do not hesitate to
contact us.
Si~~>e: E}IY~.,,- .
.'" /..
/
ames Vanderwoude,
{/'/ c "....-
President
TITLE SEARCH
Showing Ownership Only
Page 1
No.: 06-94-13750
Provided For: Scott Royce Harris Bryan/Cindy
Effective Date of Search: December 15, 1994 at 11 PM
When the property description has been provided to this company by the customer~ a search
has been made up to the effective date for only those instruments vesting title in the
current record owner.
Description of Real Property Situated in Palm Beach County~ Florida.
Radial Search: All property owners of land lying within 400' of subject parcel as
described on Exhibit "A". See attached Assessors Map for property designation.
Apparent Title Vested in:
See Exhibit "B": Includes mailing addresses and deed references that contains legal.
Recorded in:
This search does not cover matters other than those recorded in the Official Records Book
of the county and does not assure the legality or validity of the referenced instruments.
Ad Valorem tax information is not provided.
Prepared by: Mike Grande
Typist: Michele Anselmo
Attorneys' Title Insurance Fund~ Inc.
Autbor1zed Signature, -/4~rL
Rev.0.2
Signed this 27th day of December, 1994
TI04/06-94-13750
E x It I BIT /I A II
L-~"''''>'l;.,.,..:1j;B';O',,,_l::.,,,~
Parcal B and lots 35 through 45 inclu.iva of
Cedar Ridge, a P. U. D., anct High lUc1qa Cnmwwrce
Parle, a p.r.D., accorcU.ng to the plat thereof
recorded in the Public Records of Palm. Beach
County at Plat Book 46, Page 58.
EXHIBIT "B"
06-94-13750 Continued page 2
PARCEL I. D . #
DEED REFERENCE
NAME & ADDRESS
301/349/322
8120-1412/QCD
ROBERT WILLIAM & WILLIAM JOSEPH & GAEL
C HOYSGAARD
100 NE 3RD AVE, #970
FT LAUDERDALE, FLA 33301-1155
340
4437-669/WD
DIOCESE OF PALM BEACH, THOMAS V DAILEY
9995 N MILITARY TRAIL
PALM BEACH GARDENS, FLA 33410-5460
324.2
3430-732/QCD
SUSAN S HENSON
1812 TOM A TOE RD
LANTANA, FLA 33462-5016
339
3394-1552/PRD
JEANETTE F. TORTORA
1801 TOM A TOE RD
LANTANA, FLA 33462-5015
324
3462-671/PRD
NINA HECHT
9 MENDHAM RD
FAR HILLS, NEW JERSEY 07931-2212
343
4968-1462/WD
GERALD V & ELLEN TITUS LEE
1804 TOM A TOE RD
LANTANA, FLA 33462-5016
342
8404-656/SWD
NORMA DARLENE MAHLER
1800 TOM A TOE RD
LANTANA, FLA 33462-5016
344
6496-1931/WD
DOROTHY M BURGENER
1768 TOM A TOE RD
LANTANA, FLA 33462-5037
702
3609-1317/WD
SAMUEL & CARMEN MERCADO
7560 HIGH RIDGE RD
LANTANA, FLA 33462-5020
707
2367-1043/WD
LAKE WORTH CHRISTIAN SCHOOL SOCIETY, INC
7592 HIGH RIDGE RD
LANTANA, FLA 33462-5020
703
3959-186/WD
BOYNTON DEV CORP
4651 SHERIDAN ST #465
HOLLYWOOD, FLA 33021-3430
LTS 20-34
PCL C & D
7561-1388/QCD
CONDOR INV OF PALM BCH CTY, INC.
430 NORTH G STREET
LAKE WORTH, FLA 33460-2928
R/W'S: Mapplewood Court, Forest Court, Forest Road-All dedicated to the City of
Boynton Beach per Plat Book 46, page 58 by Boynton Development Corporation.
State Road 9-Department of Transportation, State of Florida
S.A.L. R.R.-CSX Transportation Inc.
***END OF DOCUMENT***
....I '-wi. ~>i-$
--
'.... _.r-
~
&>
ZQ.(t.,lC
. ..
\~
.:--1'1......
b(-'
I'1.<;"Pr(.,
\~~
~
~
I
~ r -
@,~
~
~ttJ/
1) /.., ,,"
\.' .
.-'
()~~ ~ ~.
'l.I' ~-
. "7 ~
I~
<I -, oE ,z'~
,@. ..
',:'~,@
u-
~~}
.,.fI
\,0'
'~'}
,~ .~
I.~
1.13&. iL'
! .
'.~ .....', "", .... ' '-''''
" \..
."
~ ,,~
~~
~,o :-:
"
.
j
,
"j
...
,
I
,
.
\...
- ... . ....,-
.-.".-:- _ .,; 0-"'" ~ - ,,-
. ~. '., ...*
- . '\ '\
.,
~.
--,~
"
'I:
\
,
I.
-'
<:
\
r;;a:..~ l> ~ ,1 ,..
C*'"
...,l..~ J.; ~ ~
QIJp
,
~
cm.tDaJ
~
cA.u- ~
.....
.5 7 a:.
-
...-
:; "/ i ..
V" .
...'-
C ONl)(j
8
,.. /$
2.'M. ~
\1A;..., ~
p ~:: r ;{JttfT \ /LW
" coNDO
\'DII
PINE
I~ r
, ,- -=-t~- ,-
r'IHE ~
V It. t. " 5 C()AJ/)O ~
,,: 1.4 ~
.,
I
ptNE pO~ f ,
cC''''OO
~
- .'- "
d
STATEMENT REQUIRED BY II (g)
The property is adjacent to property owned by applicant upon
which applicant operates a private Christian school. The property
will be developed by applicant as athletic fields, field house, and
possible swimming pool for use by students attending the school and
for the athletic events of the school. These uses are not possible
under the current zoning of the property.
The athletic fields proposed on the property will replace
existing fields on the adjacent school property. The property is
currently zoned for single family residences and constitutes 11
single family lots.
STATEMENT REQUIRED UNDER II (h) (1), (2), and (3)
There should be no increased impact if this request is
approved. It is the plan of the applicant to replace existing
athletic fields on the property owned by applicant adjacent to the
property with fields to be constructed on the property. There is
no increase in the number of students using the fields and other
facilities caused by this request. If the property is developed in
accordance with its existing zoning, 11 single family residences
can be constructed on 11 single family lots. Therefore, there is
a significant decrease in all impacts if this request is approved.
The only structure proposed by applicant on the property is
the construction of a field house of approximately 2800 square
feet. If the property is developed in accordance with existing
zoning, 11 dwelling units with an estimated square footage of 2000
square feet each (total of 22,000 square feet) could be
constructed.
The proposed use of the property is as a private school and
the intent of the applicant is to develop the property solely as
athletic fields, field house, and swimming pool for the students
of the school and athletic events.
The applicant would first develop athletic fields on the
property without constructing the field house or swimming pool. The
athletic fields would be developed within one year from approval.
The field house and swimming pool would be constructed at such time
as the school had funds available to make such improvements.
.
.
.
i v"
APPENDIX A-ZONING
Sec. 6
Lot coverage. The total ground floor area of all build-
ings and accessory structures shall not exceed forty
(40) percent of the plot on which they are constructed.
Open lot areas. All open portions of any lot shall have
adequate grading and drainage and shall be continu-
ously maintained in a dust-free condition by suitable
landscaping with trees, shrubs or planted ground cover.
The design of such landscaping and the measures taken
to ensure its maintenance shall be subject to the ap-
proval of the community appearance board.
Planned commercial development district setbacks:
Front yard 40 feet
Side yard 30 feet
Rear yard 40 feet
f. Peripheral greenbelt. The project area shall be enclosed
on all sides with the exception of accessways for traf-
fic and freight by a landscaped greenbelt area with a
minimum width of ten (10) feet except when such prop-
erty abuts a residential district such greenbelt shall
have a minimum width of twenty-five (25) feet.
8. Procedures for zoning land to planned commercial devel-
opment. The procedure for zoning land to the planned com-
mercial development classification shall be the same as for
zoning lands generally; however, because of the differences
between planned development districts and conventional
district boundary regulation changes, the procedures and
requirements which follow shall apply to all applications
for zoning to peD in addition to the general requirements.
a. Applications; materials to be submitted. In addition to
information required for application for zoning gener-
ally, the applicant shall submit the following materi-
als or data:
c.
d.
e.
1. Legal documents assuring unified control of the
proposed peD and the agreements required under
subsection 3 above.
Supp. No. 23
1924.11