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APPLICATION . PROJECT NAME: PALM BEACH REALTY INVESTORS, INC. LOCATION: 1-95 TO WOOLBRIGHT RD, GO WEST TO 1 ST INTERSECTION (CORPORATE DR) THEN SOUTH ALL THE WAY TO THE END OF THE ROAD. COMPUTER ID: S:\PROJECTS\P ALM BEACH REALTY FILE NO.: NWSP 97-010 TYPE OF APPLICATION: NEW SITE PLAN APPLICANT: Palm Beach Realty Investors OWNER: Boynton Commerce Center 2050 Mansfield 81. #112 Limited Partnership Montreal, Canada P.Q. H3A lY9 PHONE: 561-820-1300 CONTACT PERSON: Richard Ahrens FAX: 561-653-5523 PHONE: 561-863-9004 ADDRESS: 215 Australian Ave. So., #400 FAX: 561-863-9007 WPB 33401 ADDRESS: Ahrens Companies CONTACT: Ms. Leslie Hornberger 3750 Investment Ln Ste.2, WPB 33404 DATE 1ST REVIEW COMMENTS DUE: 5/12/97 PUBLIC NOTICE: ADMINISTRATIVE TRC MEETING: 5/13/97 TRC MEETING: 5/20/97 RESUBMITTAL DATE: 6/6/97 011<117 2ND REVIEW COMMENTS DUE: LAND DEVELOPMENT SIGNS POSTED: 1 PLANNING & DEVELOPMENT BOARD -... JUV'( 2Z/6f7 17'0/7 I MEETING: . CITY COMMISSION MEETING: {{/IS/fJ I - ~. ~~/' BOARD OF ADJUSTMENT MEETING: - COMMENTS: S:\FORMS\PROJECT TRACKING INFO PBRealty REVISED 4/25/97 CIT )F BOYNTON BEACH, FLORIDA PLANNING & ZONING DEPARTMENT ~~_~LbN~IEWAPPLICATIQtl FOR NEW SITE PLANS & ~ffiJOR MODIFICATIONS TO EXISTING SITE Application Acceptance Date: Fee Paid: . Receipt Number: This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Department. Twel ve complete, sequentially numbered and assembled sets of plans including a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure. An incomplete submittal will not be processed. Please print legibly (in ink) or type all information. I. GENERAL INFORMATION 1. Project Name: Palm Beach Realty Investors, Inc. (see copy of land contract attached) 2. Applicant I s name (person or business entity in whose name this application is made) : Palm Peach Realty Investors Inc. Address: 2050 Mansfield St. #112 Montreal, Canada P.Q. H3A 1Y9 Phone: 514-845-0241 (Zip Code) Fax: 514-845-()433 4. Property Owner1s (or Trustee's) Name: &:>ynton ,Comre.I:"ce Center 1,i1Ui ted Partnership 215 Australian Ave South, #400 Address: West: Palm Beach, Florida 33401 Contact: ]\1s. Leslie lJornberger Phone: .% 1-820-1300 Fax: (Zip Code) 561-6"i3-5523 5. Corresponde~ce to be mailed to agent only; if no agent, then to applicant unless a substitute is specif~ed below:* Ahrens Companies, Mr'. Hicl1,lnl Ahrens .3 /~LJ lnvestlnent LElne, Slate 2 West Palm l12ach FI, 33404 *This is the one address to which all agendas, letters and other materials will be mailed. Planning and Zoning Department - Rev. 3/18/97 D:\SHARE\WP\FORMS\APPS\NWSP\SITEPu\N,WPD Page 2 Site Plan Review Application 6. What is applicant I s interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) Buyer 7. Street address or location of site: 1-95 to Woolbright Road go west to 1st intersection (Corporate Drive) then go south all the way to the end of the road. 8. Property Control #: P?rt of 08 43 45 32 140030030 A portion of Parcel 3-G, Boynton Corrmerce Cente Legal description of site: Plat Book 46, Pages 126 & 127 (See attached Land description by surveyor) 9. Intended use(s) of site: Planner, dated 5/19/93 and Attacl~ent 1A dated 4/17/96 Attachment 1 See attached MeIrorandum from rrambri Heyden, Senior 10. Developer or Builder: N1rens Companies, 3750 Investment Lane # 2, West Palm Beach, Florida 33404 11. Architect: Howard Humburg AlA 904-353-5060 (Jacksonville, FL) 12. Landscape Architect: Jim McElheny, Sunshine Land ~sign 13. Site Planner: ~?l- $" II S'~ U' 14. Engineer: Howard Humburg, '904-353-5060 Cunningham & Durrance (689-5455) 15. , l (.,1- L /' \ '. 1 ' 16. Surveyor: Avirom - Hall & AS~3ociates 561-3()2-2594 ( Boca Raton, FL) Traffic Engineer: Yvonne Zeil (624-7262) 17. Has a site plan been previously approved by the City Commission for this property? no 18. Estimated construction costs of proposed improvements shown on this site plan: $836,000.00 Planning and Zoning Department - Rev. 3/18/97 D:\SHARE\WP\FORMS\APPS\NWSP\SITEPLAN,WPD --"(f) N.:). 5J1o.: ~ --"- CXJO :J lJ) 0. .0 lJ) C o - ,'< <1l :J ......lO <1l <1l 0 :-'":J 0. N en ~. CXJM- C o 0 0,.... ~ (]) lJ) 3 1) Q 0 (]) 3 o 'aJ -(]) (]) 0 lJ) 0 ~ :r :J 00)> :J rrl o..Z<..n -10 --' rrl - NXJ_ "-J' ::l -.0 <Q ::l 0 <1l o lJ) ""'0lJ) :r" <1l a. 5' rrl -0 LO <0 C -, 2:,....~ _.0 lJ) o ,.... XJ:ro (])(])~ g ~c ci.~c;. Ul ,....;::: o :J" '< ......~fTl -0(1)0 OOUl _-(1) 303 Ul (l) m-,~ (1) (]) g g 0 :r-'Ul a.. o(1)g} 00..0 C -.~ ::l ::l ::l ,.... 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'^' (Xl <1l IN () 0 0 0 z ~ ([) m g '< (1) _ '< 0 ([) II II II !" ~ 0 0 -i, ~:-' 0 III ~ :-' c. ~s:)> ~""O lJ(])o Q.s,~ 3 o' o :J (J) OJ 0 ([);:n...... o 0 -u 000 :Sci., ()(1l~ 0.- o C S' 0J :J I .:; \J .G) - 0 "Tl ,.... co -mO o 0 -< ~.o Z o..^"~ o~o enz 3' 0 o .UO ., 0 s::: <1l ~ s::: -oUlfTl o :;0 ,No C!:mfTl go~ Q~z ., ~ ..:(-"rrl N:::O a.. '-I' It> _.0 Ul ::l 0 Q M- g -. ::r .., CJ"roQ.. (1) 5' o. -u LO c OCT..... Ul 0'0 -" ~,.... Q. C1l if -0 00-0 ~ .., - lJ) 0. 0 ..Ul,.... z o iTt Ul . . r > Z CJ CJ IT1 (J) o :;0 "U ::t o z _6 ~M I _CD~ I II M ~ ~ \) r- ~ VI r }> Ul I -u Z f'1 2] 0 () r;; C A; Ul I -1 IT ;0 );> f'1 C rr1 ~Ul .r eP );:Ul l:::I .... ~~ ;ur'l ~~ ~r'l r'l ;; ;:( IT ~ f'1 rq Page 3 Site Plan Review Application II. SITE DATA The following information must be filled out below and must appear, where applicable, on all copies of the site plan. Industrial 1. Land Use Category shown in the Comprehensive Plan Planned Industrial Development P.I.D) 2. Zoning District 2.88 125,418 3. Area of Site sq. ft. acres 4. Land Use -- Acreage Breakdown a. b. c. d. e. f. g. h. 5 . b. Residential, including surrounding lot area of grounds nla acres % of site Recreation Areas * (excluding water area) n/a acres % of site Water Area nla acres % of site Commercial n/a Industrial ~ . / . . I nla Publ~c Inst~tut~ona of site acres ~ % of site acres of site acres Public, Private and Canal rights-of-way n/a acres % of site Other (specify) n/a acres % of site i. n/a Other (specify) % of site acres j . acres Total area of site % of site * including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft_ by 50 ft, Surface Cover o % of site a. Ground floor building area ("building footprint") .82 acres Water area o o % of site acres c. Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (eXClud~'n landscaped areas), and sidewalks, patios, decks, .9tS- and athletic courts, acres 0V % of site Total impervious area ~ acres ~ Planning and Zoning Department - Rev. 3/18/97 D:\SHARE\WP\FORMS\APPS\NWSP\SITEPLAN, WPD d. 8% of site Page 4 Site Plan Review APPlicatio~~ e. Landscaped area ~ acres inside of parking lots (20 sq. ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code} . @ % of site acres o % of site f. Other landscaped areas, n/a g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas /a acres I.IY.S h. Total pervious areas +:-ee- i. Total area of site 6 of site '3'.7fp +r:-5 of site of site 6 . Floor Area a. Residential b. Commercial/Office c. Industrial/Warehouse d. Recreational e. Puolic/Institutional f. Other (specify) sq. ft. n/a sq. ft. n/a sq. ft. n/a g. Other (specify) sq. ft. sq. ft. n/a sq. ft. sq. ft. h. Total floor area 35,715 7, Number of Residential Dwelling Units a. Single-family detached b. Duplex c. (1 ) (2 ) (3 ) (4 ) Multi-Family Efficiency 1 Bedroom 2 Bedroom 3+ Bedroom (3 + attached dwelling units) dwelling units dwelling units dwelling units dwelling units d. Total multi-family dwelling units e. Total number of dwelling units 8. Gross Density n/a dwelling u~ acre ZS. 2.S' ~ feet stories 9 , Maximum height of structures on site Planning and Zoning Department - Rev. 3/18/97 D:\SHARE\WP\FORMS\APPS\NWSP\SITEPLAN ,WPD Page 5 Site Plan Review Application 10. ReQuired off-street parking a. Calculation of required number of off-street parking spaces space per 2 employees - max. 140=70 or 1 Space peL 500 ~.f. 35,71t:; 2 IL Planning and Zoning Department - Rev. 3/18/97 D:\SHARE\WP\FORMS\APPS\NWSP\SITEPLAN,WPD b. Off-street parking spaces provided on site plan Total off street parking provided - 72 Page 6 Site Plan Review Application III. CERTIFICATION (I) (We) understand that this application and all papers and plans 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 herew'th are true to the best of (my) (our) knowledge and belief. This' application will not be accepted unless signed accord' to t e instructions below. I ---- 4/24/97 ) or Trustee, of Authorized Principa if property is owned by a corporation or other business entity. Date IV. AU'fHORIZA~EZ~ 4/24/97 Date the above signed person as (my) (our) to this application. .-- 4/24/97 Signatur of Owner(s) r Trustee, or Authorized Principal if property is owned by a corporation or other business entity. Date SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review Schedule: Date Received Technical Review Board Planning & Zoning Board Community Appearance Board City Commission Date Date Date Date Stipulations of Final Approval:_ Other Government Agencies/Persons to be contacted: Additional Remarks: Planning and Zoning Department - Rev. 3/18/97 D:\SHARE\WP\FORMS\APPS\NWSP\SITEPLAN,WPD The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. RIDER TO SITE PLAN APPLICATION The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data ~ich may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allowing the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and saVe the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this , 19 97 = 24th day of April \..ShOW~f~0 Witness , , r- /)UfI}~ (p; I.J ~ { Uc4vJ Applicant Richard C. Ahrens, Vice Presidont Planning and Zoning Department _ Rev. 3/18/97 D:\SHARE\WP\FORMS\APPS\NWS~\~ITEPLAN, WPD . "'~.," .-....... I' ;:ROM I R FRX HO.: 151434'5 .a433 ~4-17'-3( Il:44R p,a.: Attachment lA Additional Permitted Uses ~Ot Covered tn Memo of Mav 19 1993 To be Added in SubmissIOn 1) Storage. distribution. and wholesale uses of all goods iisted in Section 8.A.3.a. of the "M-l INDCSTRlAL DISTRlCT" Zonin2: Rewiations, except items 17, 18. - - . and 19. (Sc:c: auached list) 1) Moving companies, offices, storage. and transshipping. Messenger services. 3) ~lanufacturing. including compounding, assembling. repair or treatmem of cabim:try. wood and plastic laminate products from previously prepared materials, subject to Environmemal Review, ~) Food and beverage:: packaging, 5) Food and beverage processing subject to Environmental Review. '. r~; --' Attachment 1 PLANNING AND ZONING DEPARTMENT MEMORANDUM , ' FROM: Occupational License Department Tambri J. Heyden, Senior Planner 7}tJ. TO: DATE: May 19, 1993 RE: BOYNTON COMMERCENTER PID - LIST OF PERMITTED USES AND PARKING REQUIREMENTS The list of permitted uses and parking requirements at the Boynton Commercenter has been amended by the Planning and Development Board, at their May 11, 1993 meeting, for the warehouse buildings located in this Planned Industrial Developmen t (PID) as follows. '}'his lis t supersedes the I a tes t list dated February 25, 1991 from myself: I. Permitted Uses, Not Requiring Environmental Review Approval. A. Personal Services 1. Carpet and upholstery Cleaning B. Hanufacturillg, including compounding, assembly, repair, or treatment of articles or merchandise from the following previously prepared materials: 1. Cellophane 2. Canvas 3. Fiber (i.e., wood, except that furniture manufacturing requires environmental review) 4. Fiberglass 5. Glass 6. Leather 7. Textiles 8. Yarn C. Warehouse, Distribution, Wholesale 1, Any manufacturing category listed above, or any use listed in Sections B.A.l.c (2), (3), (4), (6), (7), (14), and (16) of the "M-1 INDUSTRIAL DISTRIC'f" Zoning Regulations. 2. Retail sales are allowed for goods listed under the sections specified ill I.C.1. above, provided that less than 50% of the goods sold on the premises are sold at retail. J), Operations Center - Requiring a mix of moderate warehouse and increased office use 1. Bank Operations Center 2, Insurance Company Records S tor age 3. Government Operati.ons Facility 4. Radio/Television Studio ~" nursing Registries 6. Hall-Profit 'rracle Organization nesean~h and Record storage Facilities "7. offices for contTactol"S (k!Qr]<. SDOPS_ an(L__Q_hLtsj(l~ 15 torf!Sl~illld_tr:.u~lLl?.':'li=king f ')r COlI tractor S are specifically prohibited, however), '. OCCUPATIONAL LICENSE DEPT. -2- MA Y 1 9, 1 9 93 E. Offices 1. PID Leasing Office 2. satellite Operations Management Offices for any Light Industrial Use Allowed in. Section 8 of the "M-l Industl"ial District" Zoning Regulations 3. Professional Engineering Offices II. Uses requiring Environmental Review - See Planning Department for Application. A. Manufacturing, including compounding, assembling, repair, or treatment of articles or merchandise from the following previous Iv prepared materials: 1. Cosmetics 2. Drugs 3. Pharmaceutical 4. Paper 5. Plastics 6. Metal (i.e., machine shop) 7. Wire B. Rubber 9. Electrical appliances, instruments, devices, and components 10, Auto parts and eq\lipment 11. Boat parts and equipment 12. Airplane parts and equipment 13. Medical equipment, instruments, devices and components 14. Furniture 15. Precision instruments 16. Engraving, printing, and publishing B. Warehouse, Distribution, Wholesale 1. Seafood (excluding processjng) 2. Principal uses for any of the manufacturing categories listed under II.A. above. 3. Retail sales are allowed for goods listed under Section II.A.5. above (plastics) provided that less than 50% of the goods sold on the premises are sold at retail. III. All uses not specifically listed above are prohibited. Furthermore, the follO\..,ing uses are expressly prohibi ted: 1. Fertilizer manufacturing, sale or distribution 2. Millwork 3. Metal casting 4. Welding shops 5. Contractor's shops, storage, or truck parking 6. Retail sales, where the value of goods sold at retail exceeds 50% of the total value of goods sold from the premises. 7. Any warehouse or vlholesale use which is listed in Section 8.A,2,b., 8.A,3.c., or Section 8.A.5.b. of the "M-l INDus'rRIAL DIS'l'RICT" Zoning Regulations. " OCCUPATIONAL LICENSE DEPT. -3- MAY 19, 1993 Parking Requirement: Warehouse. distribution. wholesale: One (1) parking space per eight hundred (800) square reet of gross floor area (subject to the condition~ outlined in notes 1-3 below). MaIlufacturilliI: One (1) parking space per two (2) employees, but not less than one (1) parking space per five hundred (500) square feet of gross floor area (subject to the conditions outlined in notes 1-3 below) , 1. Showrooms associated with the principal use are permitted as an ancillary use. 2. Offices associated with the principal use are permitted as an ancillary use with a maximum of 25% of the total gross floor area devoted to such use. 3. Office floor area which exceeds 25% of the total gross floor area shall be considered a principal use and shall provide parking at the rate of one (1) parking space per three hundred (300) square feet of the entire gross floor area devoted to such use. Operations Center: One (1) parking space per three 11undred (300) square feet of gross floor area devoted to office use and one (1) parking space per eight Ilundred (800) square feet of gross floor area devoted to warehouse use. where both office and warehouse uses are intermixed, parking shall be calculated based on the requirement for office use. Personal Services and Offices: One (1) parking space per three hundred (300) square feet of gross floor area. /~ <),t,~a ~~-,v' Tambri J. J4yden TJH/jm cc: Christopher Cutro Don Jaeger Mike Haag Jose Alfaro Al Newbold Tim Babcock, Boynton Commercenter Property Manager Central File A:COMMUSES.JM riPPLlCATION TRACKING LOG PROJECT TlTLE:_PALM BEACH REALTY INVESTORS, INC. PROJECT LOCATlON:_CORPORATE DRIVE FILE I: NWSP 97-010 TYPE OF APPLICATION: NEW SITE PLAN REVIEWER'S NAME: PUBLIC NOTICE REQUIRED: (Y IN) N AGENT: RlCHARDAHRENS ADDRESS: 3750 INVESTMENT LN., ST.2, WPB 33404 FAX: 561-863-9007 RECEIPT NO.: 4095 AGENT PHONE: _561-863-9004 DATE REC'D: 4/25/97 AMOUNT: 750.00 12 SETS OF PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW: 2 OF 12 SETS SIGNED AND SEALED IE" SURVEY 0 LANDSCAPE PLAN 10'. FLOOR PLAN 0 SITE PLAN WITH SITE DATA 0 APPLICATION/SUBMITTAL: DATE ACCEPTED: DRAINAGE PLAN ELEVATION VIEW DRAWINGS COLORED ELEVATIONS RECEIVED MATERIAL SAMPLES RECEIVED PHOTOGRAPHS RECEIVED [9" & g/ lB'" o DATE DENIED: DATE OF LETTER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES: DATE OF SUBMITTAL ACCEPTANCE LETTER: INITIAL 1ST REVIEW MEMO: DATE SENT:..5(t . MEMO NO. 91-/12- $3 RETURN DATE: 1 ST REVIEW COMMENTS RECEIVED UTIL. P.W. PARKS FIRE POLICE PLANNING BUILDING ENGINEER FORESTER ECON. DEV. COORD. ~~ ) o DATE OF LETTER SENT TO SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS: 90 DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID: DATE 12 COMPLETE (ASSEMBLED) SETS OF AMENDED PLANS SUBMITTED FOR 2ND REVIEW: PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW: AMENDED APPLICATION 0 2 OF12 SETS SIGNED AND SEALED 0 SURVEY 0 LANDSCAPE PLAN 0 FLOOR PLAN 0 SITE PLAN WITH SITE DATA 0 2ND REVIEW MEMO: DATE SENT: 'f'dj UTIL. P.W. PARKS FIRE POLICE PLANNING BUILDING ENGINEER FORESTER ECON. DEV. COORD. DRAINAGE PLAN ELEVATION VIEW DRAWINGS COLORED ELEVATIONS RECEIVED MATERIAL SAMPLES RECEIVED TRANSPARENCY RECEIVED PHOTOGRAPHS RECEIVED MEMO NO. Q1. Xl? o o o o o o RETURN DATE:4j;15 2nd REVIEW COMMENTS RECEIVED 91 ,cJ13~ PLANS o ~ o o gr MEMOI DATE - 6 !3c;/r1 BOARD MEETING DATE: BOARD: LAND DEVELOPMENT SIGNS PLACED AT THE PROPERTY. DATE SENT / SIGNS INSTALLED: DATE: CITY COMMISSION: DATE: DEVELOPMENT ORDER RECEIVED FROM CITY CLERK: 0 DATE: DEVELOPMENT ORDER SENT TO APPLICANT: 0 DATE: S:\FORMS\TRACKING LOG FORM revised 4/25/97 L-':TER OF TRANSMITTAL '- /c/~J FROM: A AHRENS AI COMPANIES Date ft; /iO ~ C; 7 Project f~ D ~~ ~ Location ih7~~ /3C/~ Attention Re: (561) 863-9004 Fax (561) 863-9007 3750 Investment Lane, Suite 2, West Palm Beach, FL 33404-1765 TO: 2J:t" ~~~ jJ;? -k~tr~ $ I r'6 /2 - / GENTLEMEN: WE ARE SENDING YOU ~EREWITH 0 DELIVERED BY HAND 0 UNDER SEPARATE COVER VIA ~ tttUt0uy THE FOLLOWING ITEMS: o PLANS 0 PRINTS 0 SHOP DRAWING 0 SAMPLES 0 SPECIFICATIONS o ESTIMATES 0 COPY OF LETTER 0 Copies Date or No. Description THESE ARE TRANSMITTED AS INDICATED BELOW ~FOR YOUR USE 0 APPROVED AS NOTED , FOR APPROVAL 0 APPROVED FOR CONSTRUCTION AS REQUESTED 0 RETURNED FOR CORRECTIONS o FOR REVIEW & COMMENT 0 RETURNED AFTER LOAN TO US o o RETURN o SUBMIT o RESUBMIT o FOR BIDS DUE CORRECTED PRINTS COPIES FOR COPIES FOR Remarks: ~l1. o IF ENCLOSURES ARE NOT AS INDICATED, PLEASE NOTIFY US AT ONCE. Signed: 9 /Jt2~p ,- A AHRENS All COMPANIES June 10, 1997 Mr. Jerzy Lewicki City of Boynton Beach Planning and Zoning Department P. O. Box 310 Boynton, Beach, Florida 33425 Hand Delivered Re: Review Comments. Palm Beach Realty Investors - File No. NWSP 97-010 Dear Mr. Lewicki: Attached please find review comments by Howard H. Humburg, of Howard H. Humburg and Associates, Inc. on the above project. The items that Mr. Humburg refers to as" response by Sunshine Land Design" have been addressed in the revised Landscape Plan which is part of this re- submittal. (Item #7, #8, #9, #14 through #21, #25, #26, #27 and #5 response to Mr. John A. Guidry's comments). The following are Ahrens' responses to the review comments: #23: We are working on a separate sign permit application. We will submit within 2 weeks. #31: Revised use approval application forthcoming. #32: Traffic statement already submitted. Please confirm. #36: Acknowledged. #37: Acknowledged. #38: Included with re-submittal. #39: Already submitted. #40: Already submitted. #41: Included witb re-submittal. #42: Provided with re-submittal. 3750 Investment Lane, Suite 2, West Palm Beach, FL 33404-1765 Office (561) 863-9004 Fax (561) 863-9007 License # CBC 006515 Mr. Jerzy Lewicki City of Boynton Beach Review Comments - Palm Beach Realty Investors, Inc. June 10, 1997 Page 2 Utilities: Mr. John A. Guidrv: #1: Acknowledged in near future as required by City of Boynton Beach. #2: Acknowledged in near future as required by City of Boynton Beach. #3: Acknowledged in near future as required by City of Boynton Beach. #4: Acknowledged, we have satisfied this per revised Utility Plan. #5: Acknowledged. #6: Acknowledged. Department of Development: Mr. Al Newbold: #4: We have consulted with our drainage engineer, Mr.Stuart Cunningham of Durrance and Cunningham and he does not feel this is necessary. Ifthere are questions or comments, please don't hesitate to call me. Sincerely, AHRENS COMPANIES ~ It ~~-, , GRE;t;;JL. CELENTANO~J Project Manager ()' greg pbrealty conunents city ofboynton 0610,ltr HOWARD H. HUMBURG and ASSOCIATES, INC. ARC HIT E C T S Telephone (904) 353-5060 Fax (904) 35~5 One Independent ome Suite 2205 Jacksonville, R. 32202 June 9, 1997 Mr. Mike Haag Current Planning Coordinator my of Boynton Beach Planning and Zoning Deparbnent P,O, box 310 Boynton Beach, FL 32245-0310 Re: Review Comments - Palm Beach Realty Investors, Inc. - File No. NWSP 97-010 Dear Mr, Haag: The following are responses to the comments, regarding the first review of the Palm Beach Realty Investors project, of the various deparbnents of the my of Boynton Beach, Florida, your file No. NWSP 97-010. 1. Addressed Per Drawing 101 & Drawing 106 2. Addressed Per Drawing 101 3. Addressed Per Drawing 101 4. Addressed Per Drawing 106 5. Addressed Per Drawing 101 6. Addressed Per Drawing 101 7. Response By Sunshine land Design 8. Response By Sunshine land Design 9. Response By Sunshine land Design 10. Addressed Per Drawing 101 11. Addressed Per Drawing 302 12. Addressed Per Drawing 101 Page 2 June 9, 1997 13. Addressed Per Dra'Ning 101 14. Response By Sunshine Land Design 15. Response By Sunshine land Design 16. Response By Sunshine land Design 17. Response By Sunshine Land Design 18. Response By Sunshine Land Design 19. Response By Sunshine Land Design 20. Response By Sunshine Land Design 21. Response By Sunshine Land Design 22. Addressed Per Drawing 106 23. Response By Ahrens 24. Addressed Per Drawing 302 25. Response By Sunshine Land Design 26. Response By Sunshine Land Design 27. Response By Sunshine Land Design 28. Addressed Per Drawing 101 29. Addressed Per Drawing 101 & Drawing 102 30. Addressed Per Drawing 101 & Drawing 106 31. Response By Ahrens 32. Response By Ahrens 33. Addressed Per Drawing 302 34. Addressed Per Drawing 302 Page 3 June 9, 1997 35, Addressed Per Drawing 101 36. Response By Ahrens 37. Response By Ahrens 38. Response By Ahrens 39. Response By Ahrens 40. Response By Ahrens 41. Response By Ahrens 42. Response By Ahrens If There are further comments or questions, please feel free to contact this office. /t~ ~ H. Humbu", AlA President / Director of Architecture (pbrirto1.doc) Page 4 June 9, 1997 John A. Guidry Director of Utilities Re: Utilities Memorandum # 97-133 Palm Beach Realty Investors, Inc. New Site Plan, First Review Response to review comments dated May 12, 1997: 1. Response By Ahrens 2. Response By Ahrens 3. Response By Ahrens 4. Addressed Per Drawing 103 5, Response By Sunshine Land Design 6. Response By Ahrens Page 5 June 9, 1997 AI Newbold Acting Director of Development Re: Deparbnent of Development Memorandum # 97.(J87 Palm Beach Realty Investors, Inc. New Site Plan, First Review Response to comments dated May 13, 1997 1. Addressed Per Drawing 101 2. Addressed Per Drawing 101 & Drawing 105 3. Addressed Per Drawing 102 4. Response By Ahrens Page 6 June 9, 1997 L.any Quinn Sanitation Superintendent Re: Public Works Department Memorandum # 97-088 Palm Beach Realty Investors, Inc. New Site Plan, First Review Response to comments dated May 6, 1997 1. Addressed Per DraMng 101 Page 7 June 9, 1997 Sgt. Marion Hams Police Department Re: Memorandum # 97-0032 Palm Beach Realty Investors, Inc. New Site Plan, Rrst Review Response to comments dated May 2, 1997 1. Addressed Per Drawing 101 2. Addressed Per Drawing 101 & Drawing 105 L fTER OF TRANSMITTAL FROM: A AHRENS AI COMPANIES Date (561) 863-9004 Fax (561) 863-9007 3750 Investment lane, Suite 2, West Palm Beach, Fl33404-1765 TO: ~J~~ Re: , ,dtfG-!it~ ~ GENTLEMEN: WE ARE SENDING YOU VIA JAu; (~ D PLANS D PRINTS D ESTIMATES D COPY OF lETTER D HEREWITH ~DELlVERED BY HAND THE FOllOWING ITEMS: D SHOP DRAWING D UNDER SEPARATE COVER D SAMPLES D SPECIFICATIONS D Copies Date or No. Description 36.J- THESE ARE TRANSMITTED AS INDICATED BELOW D FOR YOUR USE ~OR APPROVAL D AS REQUESTED D FOR REVIEW & COMMENT D D APPROVED AS NOTED D APPROVED FOR CONSTRUCTION D RETURNED FOR CORRECTIONS D RETURNED AFTER LOAN TO US D RETURN D SUBMIT D RESUBMIT D FOR BIDS DUE CORRECTED PRINTS COPIES FOR COPIES FOR Remarks: IF ENCLOSURES ARE NOT AS INDICATED, PLEASE NOTIFY US AT ONCE. Signed: ~ ' f)ur;~ ~~ YVONNE ZIEL TRAFFIC CONSULTANTS, INC. .- - 11440 86th St. North, West Palm Beach, Florida 33412 Telephone (561) 624-7262. Facsimile (561) 624-9578 April 24, 1997 Mr, Michael W. Rumpf Senior City Planner Planning and Zoning Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 RE: Palm Beach Realty Investors, Inc. Dear Mr, Rumpf: The subject project is located along the north side of Golf Road west of 1-95. The applicant is approval for a 35,715 square foot warehouse project in the Boynton Commerce Center. Since the Boynton Commerce Center is a vested project, only trip generation data needs to be provided. Please find enclosed Tables 1 and 2 which provide the trip generation rates used and the resulting trips. Trip generation indicates that the proposed project will generate 174 daily trips. Please contact me if you have any questions. Sincerely, CONSULTANTS, INC. yonne Ziel, P ,E, President Enclosure Traffic Engineering and Planning i"ROM: ~ F~X NO.: 1 514 845 13433 134-17-37 11:441=1 P.132 Attachment lA Additional Permitted Uses Not Covered in Memo of Mav 19. 1993 To be Added in SubmissIon I) Storage. distribution. and wholesale llses of all goods iisted in Section g,A.3.a. ofthe "M-l INDUSTRIAL DISTRICT" Zoning Reguiations, except items 17,18. and 19. (Sc:c: auached list) 2) Moving companies, offices, storage. and transshipping. Messenger services. 3) Manufacturing. including compounding, assembling, repair or trealment of cabinetry. wood and plastic laminate products from previously prepared materials, suhjecllO Environmental Review. 4) food and beveragt: packaging, 5) Food and beverage processing subject to Environmental Review, FROM I i=l Fi=lX NO.: 1 514 845 13433 04-22-97 e3:57P p.e2 AGREEMENT FOR PURCHASE AND SALE THIS AGREEMENT, is made and entered into as of this 17th day of March, 1997 (the "Effective Date" of this Agreement), by and between BML INVESTMENTS, INC., a Florida corporation (hereinafter referred to as the II Buyer II ) and BOYNTON COMMERCE CENTER LIMITED PARTNERSHIP, a Florida limited partnership (hereinafter referred to as the "Sellerll). WIT N E SSE T H: For and in consideration of the covenants, promises, under- takings and agreements hereinafter set forth, the parties agree as follows: 1. Agreement of Sale and Purchase, Seller agrees to sell and Buyer agrees to buy, on the terms and conditions hereinafter stated, all of the following described real property located in Palm Beach County, Florida: Fee simple title to nparcel 1" TOGETHER WITH the existing easement rights over "Parcel :2" , to the extent transferrable by Seller. Parcel 1. and Parcel :2 are located in Palm Beach County, Florida, and more particularly described in Exhibit "A" attached hereto (said Parcels are hereinafter collectively referred to as the "Property. II) The Property shall include all improvements thereon and all rights, and interests appurtenant thereto, including all of Seller's right, title and interest in and to adjacent streets, alleys, rights-of-way, and any adjacent strips and gores of real estate. A map of the Property is attached hereto as Exhibit "B" and incorporated by reference herein. The exact metes and bounds legal description of the Property shall be determined by the Survey provided pursuant to Paragraph 4 hereof. The Property is being sold in an liAS IS" condition as of the date of this Agreement. Buyer acknowledges that except as specifically set forth in this Agreement, no representations or ---_._--~-~---_._._.._---_.._.._..,_._--_..-------- ....-....--------..---.-- FROM: ~ F~X NO.: 1 514 845 0433 04-22-97 03:57P P.03 warranties have been made or are made and no responsibility has been or is assumed by Seller or any partner, officer, person, firm, agent or representative acting or purporting to act on behalf of Seller as to the condition or repair of the Property or the value, expense of operation, or income potential thereof or as to any other fact or condition which has or might affect the Property or the condition, repair, value, expense of operation or income potential of the property or any portion thereof. The parties agree that all understandings and agreements heretofore made oetween them or their respective agents or representatives are merged in this Agreement and the Exhibits hereto annexed, which alone fully and completely express their agreement. Neither party has relied upon any statement or representation by the other unless such statement or representation is specifically embodied in this Agreement or the Exhibits annexed hereto. Further, to the extent that Seller has provided Buyer information from any inspection, engineering or environmental reports concerning the condition of the Property, Seller makes no representations or warranties with respect to the accuracy or completeness of same or otherwise concerning the contents of such reports. The Buyer acknowledges that the Seller has requested the Buyer to inspect fully the Property and to rely solely upon the results of the Buyer's own inspections or other information obtained or otherwise available to the Buyer I rather than any informat.icm that may have been provided by the Seller. The Seller agrees to convey, and the Buyer agrees 2 ----_.._--._----------_...".,_..__._,-----~._- -.-- -- -- ~---_.,-- -..----.----------------""'---------.------ FROM: ~ F~X NO.1 1 514 845 0433 04-22-97 03:58P P.04 t.o accept, title to the Land by special warranty deed in the condition described in this Paragraph 1. 2. Purchase Price and Method of Payment. The purchase price for the Property shall be in an amount equal to One Hundred Eighty- eight Thousand One Hundred Eighty and 00/100 Dollars ($188, 180.00) . The purchase price shall be paid as follows: (a) Within three {3} business days of the receipt by Buyer of the acceptance of this Agreement by Seller, the Buyer shall pay to Chicago Title Insurance Company (hereinafter referred to as the "Escrow Agent"), the sum of Ten Thousand and 00/100 Dollars ($10,000.00) (hereinafter referred to as the hDeposit"). Escrow Agent shall place the Deposit in an interest bearing account using the Buyer's Federal Taxpayer Identification Number ( tt;,S''' D;)~~ ) . All interest earned on the Deposit shall be deemed a part of the Deposit. If the transaction contemplated herein is consummated, the Escrow Agent shall deliver the Deposit to the Seller at Closing as a credit against the total purchase price to be paid by Buyer. If the transaction contemplated herein is not consummated, then the Deposit shall be disbursed by the Escrow Agent in accordance with the other terms of this Agreement. Subject to Buyer's right to terminate this Agreement as provided herein and following the termination of the Inspection Period, the Deposit shall be non-refundable, unless Seller is proven to have defaulted hereunder, (b) Upon termination of the Inspection Period, as defined in Paragraph 3 below, and if Buyer has not terminated this 3 FROM: ~ F~X NO.: 1 514 845 13433 134-22-97 e4:e3P p.e5 Agreement as provided in Paragraph 3, Buyer shall pay to Escrow Agent a sum of Twenty-five Thousand and 00/100 Dollars ($25,000.00) as an additional deposit (hereinafter referred to as the II Addi tional Depos i t "). Escrow Agent shall place the Additional Deposit in the same interest bearing account as the Deposit and shall handle and dispose of the Additional Deposit in the same manner as the Deposit. After delivery of the Additional Deposit to the Escrow Agent, all references to the Deposit in this Agreement shall be deemed to refer to the Deposit and the Additional Deposit. (c) The balance of the purchase price shall be payable by Buyer to Seller, in cash, by wire transfer in immediately available funds to an account designated by Seller. 3. Insoection Period. (a) Buyer shall have forty-five (45) calendar days from the Effective Date of this Agreement {hereinafter referred to as "Inspection periodll) to conduct an investigation of the Property. During the Inspection Period, Buyer shall have reasonable access to the Property (during normal business hours) to conduct any inspect. ions or tests which Buyer deems necessary or desirable, including but not limited to soil tests and environmental audits. Buyer shall not materially alter the physical condition of the Property without ~otifying Seller of its requested tests and obtaining written consent of Seller to any material physical alteration of the Property. For purposes of this paragraph, soil tests, surveys and environmental audits shall not be considered a material alteration of the Property and shall not require the 4 FROM: ~ F~X NO.: 1 514 845 13433 04-22-97 e4:e4P p.e6 written consent of Seller. To the extent that Buyer is required to obtain the written consent of Seller in order to effect any aspect of its due diligence investigation of the Property, the Inspection Period shall be tolled and extended for a period of time equal to the number of days that elapse between Buyer's request for Seller's written consent and Buyer's receipt of such written consent from Seller. Buyer agrees that, in making any inspections of, or conduct ing any testing of, on or under the Property, Buyer or Buyer's agents: (i) will carry adequate liability insurance and will provide Seller with written evidence of samei (ii) will not interfere with the activity of tenants of the Boynton Commerce Center or any persons providing service at the Property; (iii) will not reveal the results of its inspections or tests to any third party except a llpermitted Party" (as defined in Paragraph 27) without the Seller's consent, and (iv) will restore promptly the Property to its condition prior to such inspection or test and repair any physical damage caused by the inspections or tests. Buyer agrees to provide Seller with a copy of any inspection or test report conducted by Buyer upon Seller's written request. All such tests and inspections conducted by Buyer shall be at the Buyer I s sole costs and expense. The Buyer hereby agrees to indemnify, defend and hold Seller harmless from and shall be responsible for any loss, liability or damage, including without limitation property damage, claim, lien, cost or expense, including reasonable attorneys' fees, arising out of Buyer's actions relative to such activities. This indemnity shall survive the Closing or 5 ~-,--~,,-,,^,~'-----"-'-'----'~---'----------^--'--_._-.._-_.._--------~--_...__...._---~.~~-- FROM: ~ F~X NO.: 1 514 845 13433 134-22-97 e4:e5P p.e7 any earlier termination of this Agreement. If this Agreement is terminated prior to closing, Buyer shall return to Seller all due diligence materials and any other copies of documents, books or records provided to Buyer by Seller or the property manager in connection with this transaction. If Buyer is not satisfied, in its sole discretion, as to all factors concerning the Property, Buyer shall be entitled by written notice to Seller, on or prior to the termination of this Inspection Period, to cancel this Agreement and receive a prompt refund of the Deposit. Upon such cancellation, this Agreement shall be null and void, and each party shall be relieved of all liabilities and obligations hereunder except for the obligations of Buyer set forth in this Paragraph 3 including, without limitation the indemnity provided herein. If Buyer has not terminated this Agreement, as provided herein, or defaulted hereunder, the right of entry granted in this Paragraph 3 shall continue unabated through Closing. In the event that such notice is not. given to terminate this Agreement, it shall be deemed approved. In the event that Buyer gives notice of its election to proceed or this Agreement is deemed approved by Buyer's failure to terminate on or before the expiration of the Inspection Period, the parties shall proceed to Closing in accordance with the terms hereof. (b) Within five (5) days after the Effective Date of this Agreement, the Seller shall deliver to the Buyer or Buyer's counsel, copies of the following: (i) the existing boundary survey of the Property, if any, in Seller's possession; (ii) the existing 6 --_....~._._~..,._-_..__._-~---~-,-~._-_._.._-_._---------.--...------....-..----- FROM: ~ F~X NO.: 1 514 845 13433 04-22-97 e4:05P p.e8 environmental audits or reports relating to the Property, if any, in Seller's possession; (iii) Seller's existing title policies relating to the Property, if any. The covenants and restrictions burdening the Property and referenced in Paragraph 36 below, or the most current draft of same, and the articles of incorporation and bylaws for the property owners association referenced in Paragraph 36 below shall be provided to the extent available prior to the end of the Inspection Period. In addition, Seller covenants to deliver copies of any subsequent modifications or amendments of said covenants and restrictions and said articles of incorporation and bylaws, provided that any modification or amendment of said covenants and restrictions or articles and bylaws delivered to Buyer after the termination of the Inspection Period which could reasonably be determined to adversely affect Buyer's ability to develop the Property shall be considered a new title defect for purposes of Paragraph 5 below. If the Seller is unable or unwilling to cure such new title defect prior to Closing, then the Buyer may elect to either waive its objection to such new title defect and close without an abatement in the purchase price, or to terminate this Agreement and receive a prompt return of the Deposit. Buyer's decision to waive its objection to such new title defect or to terminate this Agreement shall be made at or prior to Closing. 4 . Survev. Seller shall be responsible for obtaining a boundary survey of the Property at Seller's sole cost and expense. Within fifteen (lS) days after the Effective Date of the Agreement, 7 FROM: ~ F~X NO.1 1 514 845 13433 134-22-97 e4:e6P p.e9 a current staked boundary survey of the Property shall be delivered to the title company and Buyer. The survey shall be prepared by a qualified, registered Florida land surveyor, according to the standards promulgated in Section 61G17-6, Florida Administrative Code, and shall show thereon and include: (a) The metes and bounds legal description of the Property; (b) a certificate by the surveyor certified to Buyer, Seller, the Title Company, as hereinafter defined, and Buyer's mortgage lender (if any) in such form as may be reasonably acceptable to Buyer, dated as of a date not earlier than the Effective Date of this Agreement; (c) all physical matters on the ground, which may adversely affect the Property or title thereof; (d) whether the Property is located in a "Special Flood Hazard Area" as determined by review of a stated, identified, Flood Hazard Boundary Map or Flood Hazard Rate Map publ ished by the Federal Insurance Administration of the United States Department of Housing and Urban Developmenti (e) all ease- ments, plat and building restriction lines and landscape buffers of record affecting the Property with proper notation of the book and page of each such restriction or easement as recorded in the Public Records; (f) the lines of the public street or streets abutting the Property and the widths and centerlines of all said streets; (g) all encroachments and the extent thereof, if any, in feet and inches on the Property or any portion thereof; and (h) the number of square feet (to the nearest 1/100 of a square foot) contained within the Property. If said survey shows (1) that Parcell is not contiguous with Parcel 2, (2) any encroachments on the Property or 8 FROM I ~ F~X NO. I 1 514 845 0433 134-22-97 04:e7P p.le that improvements, if any, on the Property encroach on other lands, or (3) that the Property is not contiguous to a publicly dedicated right-of-way, then any such facts shall constitute a title defect for purposes of paragraph 5 below. Notwithstanding the foregoing, in the event that Buyer's mortgage lender requires any amendments or modifications to the Survey, the cost of said amendments or modifications shall be borne by Buyer. S. Ti tle Evidence. Seller shall be responsible, at Seller's sole expense, for obtaining the following described title evidence. Seller shall purchase and deliver to Buyer a fee title insurance policy (hereinafter referred to as npolicy", which at Closing may be evidenced by a "marked-down title commitment) (unqualified, except as provided in this paragraph 5) with all printed standard exceptions deleted, insuring Buyer as the fee simple owner of the Property in the full amount of the purchase price for the Property; such Policy to be purchased from and issued by Chicago Title Insurance Company (hereinafter referred to as the UTitle Company") . Within fifteen (15) days after the Effective Date, a commitment for such title insurance policy (the "Title Commitment I') shall be delivered to Buyer by Seller. The Title Commitment shall be dated later than the Effective Date, shall be in the full amount of the purchase price, and shall have attached to it legible copies of all instruments described in said Title Commitment. The Title Commitment must diDclooe the title to be good, marketable and insurable, subject only to the Permitted Exceptions, as defined below in this Agreement, unless otherwise agreed in writing by 9 FROM: ~ F~X NO.: 1 514 845 13433 04-22-97 e4=esp P.ll Buyer. If either the Survey described in Paragraph 4 or the title evidence described above in this Paragraph 5 reveals any encroachments, overlaps, easements, restrictions, covenants, conditions or other title defects other than the Permitted Exceptions, Buyer, within ten (10) days after receipt of the Survey and Title Commitment, shall notify Seller of such title defects. Seller shall have a period of fifteen (15) days after receipt of notice of such title defects at Seller's option to cure any such title defects. Seller is not required to cure such title defects including, without limitation, all liens or encumbrances evidencing monetary obligations of the Seller. Seller hereby covenants and warrants that there are no mortgages, pledges, security interests or liens that currently encumber the Property. If any such title defects, other than those that will be cured or satisfied at Closing at the option of the Seller, remain uncleared by Seller at the end of fifteen (lS) days after Seller receives notice of the title defects, the Seller shall then give Buyer written notice of Seller's choice not to cure the defects. The Buyer may then do one of the following as Buyer's sole remedy: (a) Accept the uncured title defects and require the Seller to deliver the title to the Property at the Closing in its existing condition with no reduction in the purchase price; or (b) Terminate this Agreement and require the Escrow Agent to return to Buyer the entire Deposit paid to date, whereupon this Agreement shall be automatically terminated and all parties released from further obligation hereunder. 10 FROM: ~ F~X NO. = 1 514 845 13433 134-22-97 e4=08P P.12 Buyer's decision either to accept the uncured title defects or to terminate this Agreement shall be made within five (5) days after the Buyer receives written notice from Seller of the uncured title defects. Written notice of Buyer's decision shall be then given by Buyer to Seller. The failure of Buyer to give Seller notice of its decision within said five (5) day period shall be deemed to constitute an election by Buyer to terminate this Agreement as provided in subparagraph (b) above. (c) If the Buyer or the Seller does not elect to terminate this Agreement as contemplated hereinJ t.:.he Property shall be conveyed to Buyer at Closing subject to (i) those items set forth in the Title Commitment which Seller or Title Company have not agreed to in writing to cause to be removed; (ii) the lien for taxes in the year of Closing; and (iii) any and all liens and encumbrances (including mechanic's and materialmen's liens) relating to the Property and created (whether or not voluntarily or solely) by, through or under Buyer, its agents, employees or contractors, whether as a result of such party's actions or omissions. The foregoing items 5 (c) (i) through (iii) shall constitute Permitted Exceptions (the lIpermitted Exceptions") . 6. Proration of prooertv Taxes. Real property taxes upon the Property for the year of Closing shall be prorated as of the Closing Date on the basis of maximum discounts allowed by taxing authorities. Real property taxes for all prior years shall be paid by Seller at or prior to closing. Real estate taxes for all succeeding years shall be borne by the Buyer. If the amount of 11 ----"_..~-------_._-_._---,_._--_._..,._--~----..,-~-_.--.----.- -. ..---.---------.--'.- ,.. FROM: ~ F~X NO.: 1 514 845 13433 134-22-97 e4:e9P P.13 taxes for the current year cannot be ascertained as of the Closing, the rates, millages and assessed valuations for the preceding calendar year (with known changes) shall be used for purposes of making a tentative proration at Closing; however, said taxes shall thereafter be finally reprorated by and between the Seller and Buyer {on the basis of maximum allowable discounts) upon receipt by Seller or Buyer of the statement or statements therefor from the proper taxing authorities. The cash payment due Seller from Buyer at Closing shall be increased or decreased as may be required by such proration of taxes. 7. <;:losinq Costs. The closing costs shall be paid as follows: .(a) Seller shall pay for an owner's title insurance policy (in the full amount of the purchase price) and all related search and abstract fees, if any; the cost of the Survey; documentary deed stamps; Seller's attorneys' fees; satisfaction of any mortgages and liens on the Property; the cost for recording any curative title documents; and all escrow closing fees, if any. (b) Buyer shall pay for recording fees on the deed, Buyer's attorneys' fees, and the cost of any special endorsements or any other special requirements of Buyer and any additional premium charge for endorsements and/or deletion of exception items issued in this transaction pursuant to the Title Commitment. (c) Except as expressly provided herein, the purpose and intent as to the provisions of prorations and apportionments set forth in this Agreement is that Seller shall bear all expenses of 12 FROM: ~ F~X NO.: 1 514 845 13433 134-22-97 e4:10P P.14 ownership and operation of the Property and shall receive all income therefrom, if any, accruing through midnight at the end of the day preceding the Closing, and Buyer shall bear all such expenses and receive all such income accruing thereafter. (d) Common area maintenance charges and other charges by the property Owners' Association will be separately reconciled and prorated at Closing, and Seller and Buyer shall reconcile periodic estimates with the actual amounts collected and adjust between themselves amounts owed for the year on account of common area maintenance charges, based on a fraction, the numerator of which is the number of days in such year prior to Closing and the denominator of which is the total number of days in such year. By applying said fraction to the total percentage received by both parties, the party which has received more than its share shall forthwith pay over the difference to the other party. (e) At Closing, the amount of prorations and adjustments as aforesaid shall be determined or estimated to the extent practicable, and monetary adjustments shall be made between Seller and Buyer. As the amounts of the respective items become finally ascertained, further adjustment shall be promptly made between the parties in cash. 8. Closinq. The closing of the purchase and sale of the Property (herein referred to as the "Closing") will be held at the offices of Chicago Title Insurance Company in West Palm Beach, Florida (or such other location agreed to by the parties) and shall 13 FROM: ~ F~X NO.: 1 514 845 13433 134-22-97 e4:10P P.15 take place on or before fifteen (lS) days after the termination of the Inspection Period (herein referred to as the "Closing Date") . (a) The purchase price shall be paid in full by Buyer to Seller in cash, by wire transfer in immediately available funds, at the Closing, upon which the Deposit shall apply as a part. (b) Upon receipt of the purchase price, Seller shall convey title in and to the Property to Buyer, or Buyer's permitted nominee or assignee as provided in paragraph 15 hereof, by special warranty deed free and clear of all liens and encumbrances except (i) the Permitted Exceptions, and (11) such other exceptions to title appearing in the title evidence which Buyer has approved or accepted as title exceptions under the terms hereof. (c) At Closing, the Seller shall furnish to Buyer (1) a Seller's affidavit, in form reasonably acceptable to the Title Company and Buyer's attorney, sufficient to remove standard printed exceptions to title in the Policy regarding (i) unrecorded matters (except general real estate taxes not yet due and payable); (ii) parties in possession; and (iii) mechanic's liens; (2) a nonforeign affidavit as defined by Internal Revenue Code Section 1445 in form reasonably acceptable to Buyer dealing with the subject matter of Section 1445 of the Internal Revenue Code, (3) a certificate certifying that the representations set forth in paragraph 11 below remain true and correct in all material respects to Seller's actual knowledge as of the Closing Date and (4) evidence satisfactory to the Title Company that the person or persons executing and 14 FROM: ~ F~X NO.: 1 514 645 0433 04-22-97 e4:11P P.16 delivering the Closing documents on behalf of Seller have full right, power and authority to do so. g. Possession. Possession of the Property will be delivered to Buyer at Closing. 10. Default. If Buyer fails to consummate the purchase of the Property in accordance with the terms of this Agreement for any reason other than Seller's default or Buyer's termination of this Agreement pursuant to Paragraphs 3 or 5 hereof, Seller's sole and only remedy against Buyer for Buyer's default shall be to retain the Deposit (including the interest earned thereon) paid by Buyer as liquidated and agreed upon damages. It is agreed by the parties that such amount is a fair and reasonable measure of the damages to be suffered by Seller in the event of such default and that the exact amount thereof is incapable of ascertainment. In the event of such default by Buyer, Escrow Agent shall promptly give Buyer written notice of any request by Seller for Escrow Agent to pay over the Deposit and, unless Buyer objects to such disbursement of the Deposit, in writing, within three (3) business days of the Escrow Agent'S notice to the Buyer, the Escrow Agent shall pay over the Deposit to Seller within five (S) business days after Escrow Agent's notice to Buyer, and both parties shall be relieved of and released from any further liability hereunder, except for the obligations of Buyer set out in Paragraph 3 above. Seller and Buyer agree that the Deposit is a fair and reasonable amount to be retained by Seller as agreed and liquidated damages in light of Seller's removal of the property from the market and the costs lS FROM: ~ F~X NO.: 1 514 845 13433 134-22-97 e4:12P P.17 incurred by Seller and shall not constitute a penalty or a forfeiture. THEREFORE I BY PLACING THEIR INITIALS BELOW, THE PARTIES ACKNOWLEDGE THAT THE DEPOSIT HAS BEEN AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES' REASONABLE ESTIMATE OF SELLER' 5 DAMAGES AND AS SELLER'S EXCLUSIVE REMEDY AGAINST BUYER, AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER. IN ADDITION, THE PARTIES AGREE THAT THE DAMAGE DUE TO SUCH A DEFAULT WOULD BE DIFFICULT AND IMPOSSI $ TO jfCURATELY ESTIMATE. 11.:( ( (, INITIALS: Seller Buyer t In the event Seller breaches its covenant to convey the Property to Buyer or otherwise fails to perform its obligations under this Agreement in accordance with its terms, and such default has not been cured by Seller on or at Closing and Buyer is not in default under the terms and conditions of this Agreement, Buyer shall be entitled, as Buyer's sole remedy hereunder, to terminate this Agreement and receive the return of the non-refundable Deposit, subject to Buyer's obligations under Paragraph 3 above, or the right to seek and obtain specific performance of this Agreement. 11. Reoresentations and Disclosures bv Seller: Repr~sentation bv Buyer. (a) Seller hereby represents and warrants to Buyer, which representations and warranties shall in all material respects to the actual knowledge of the Seller be true and shall be deemed to be restated at the Closing: 16 FROM I R FRX NO.1 1 514 845 IH33 04-22-97 04116P P.0Z incurred by Seller ana shall not constitute a penalty or a forfeiture. THEREFORE, BY PLACING THEIR INITIALS BELOW, THE PARTIES ACKNOWLEDGE THAT THE DEPOSIT HAS BEEN AGREED UPON, AFTER NEGOTIATION, AS THE, PARTIES' REASONABLE ESTIMATE OF SELLER'S DAMAGES AND AS SELLER'S EXCLUSIVE REMEDY AGAINST BUYER, AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER. IN ADDITION, THE PARTIES AGREE THAT THE DAMAGE DUE TO SUCH A DEFAULT WOULD BE DIFFICULT AND IMPOSSIBLE TO ACCURATELY ESTIMATE. INITIALS: Seller c..1~ Buyer In the event Seller breaches its covenant to convey the Property to Buyer or otherwise fails to perform its obligations under this Agreement in accordance with its terms, and such default has not been cured by Seller on or at Closing and Buyer is not in default under the terms and conditions of this Agreement, Buyer shall be entitled, as Buyer's sole remedy hereunder, to terminate this Agreement and receive the return of the non-refundable Deposit, subject to Buyer's obligations under Paragraph 3 above, or the right to seek and obtain specific performance of this Agreement. 11. Representations and Disclosures by Seller; Representation bv Buver. (a) Seller he:t.eby represents and warrants to Buye:t", which representations and warranties shall in all material respects to the actual knowledge of the Seller be true and shall be deemed to be restated at the Closing: 16 ----~~-~_...~_.__.._-,---_._---_...__..~..,_._..._-----'---"---'~-'--~-------'-'-----'" '- --------,..--..-..-.----. FROM: ~ FAX NO.: 1 514 845 13433 134-22-97 e4:17P P.03 (il Seller has not received written notice of any violations of any federal, state or local law, ordinance, rule, regulation, statute or governmental code or ordinance affecting the Property. (iil There is no litigation or administrative proceeding, including any condemnation or eminent domain proceeding, pending, or to the Seller's actual knowledge, threatened, which affects the Property or any portion thereof. (iii) Seller is a limited partnership duly organized and validly existing and in good standing under the laws of the State of Florida; the individual executing this Agreement on behalf of such Seller limited partnership is the duly elected, qualified and acting officer as indicated; and the execution of this Agreement by said individual is authorized by and binding on such Seller. All of the above representations and warranties are made to the extent of Seller's knowledge. The terms "to Seller's actual knowledge 11 or "knowledge" or II known II as they are used in this Paragraph 11 shall mean the actual knowledge of Charles J. Stone, an officer of the Seller, as distinguished from implied, imputed and construction knowledge, without inquiry. Seller hereby represents and warrants that Charles J. Stone is actively involved in the day to day operations of Seller and has personal knowledge of the Seller's operations with respect to the Property. (b) Buyer represents and warrants to Seller that Buyer is a corporation duly organized and validly existing under the laws 17 FROM: ~ F~X NO.: 1 514 845 13433 134-22-97 e4:18P p.e4 of the State of Florida, is authorized to do business in the State of Florida, has duly authorized the execution and performance of this Agreement, and has the power and authority to purchase the Property as provided in this Agreement and to carry out Buyer's obligations hereunder. (c) The Buyer will have reviewed during the Inspection Period the expenses and other matters relating to the Property to the extent available to the Buyer and, except as otherwise provided in this Agreement, the Buyer shall assume the Seller's obligations thereunder as of the Closing Date. 12. Seller's Covenants. (a) Seller covenants and agrees that all bills and other payments due with respect to the ownership, operation and maintenance of the Property have been paid or will be paid at or prior to Closing in the ordinary course of business. (b) Seller covenants and agrees that from the Effective Date until the Closing Date, Seller shall not: (1) commit or permit to be committed any waste to the Property; or (2) enter into any agreement or instrument or take any action that would encumber the Property after Closing, that would bind Buyer or the Property after Closing, or that would be outside the normal scope of maintaining and operating the Property. (c) Seller covenants and agrees that if available prior to the termination of the Inspection Period Seller shall provide the Buyer with a copy of the current annual budget for the property 18 FROM: ~ F~X NO.: 1 514 845 13433 134-22-97 e4:19P p.es association and information on the assessments to be assessed by the association pursuant to such budget. 13. Real Estate Commission. Seller represents and warrants to Buyer that except for Commercial Florida Realty Partners, Inc. and Ahren's Realty, Inc. (the "Brokers") there are no real estate brokers, salesmen, finders or any other persons or entities involved in this transaction that may claim a commission, finder's fee. Seller shall pay the Brokers a sales commission pursuant to a separate agreement with the Brokers if, and only if, the transaction contemplated herein closes. Seller agrees to indemnify and hold Buyer harmless from any and all liability, loss, damages and expenses, including reasonable attorneys' fees, that Buyer may incur by reason of, resulting from or arising out of any claim of any broker, salesmen, finder or other person or entity claiming a commission, finder's fee or other fee by, through or under Seller. Further, ~n the event any broker, finder or other person or entity claiming a real estate commission or fee in connection with this transaction by, through or under Seller files a suit naming Buyer as a defendant, Seller agrees, at its costs and expense, to defend any such suit or action naming Buyer as a defendant. Buyer represents and warrants to Seller that except for the Brokers there are no real estate brokers, salesmen, finders or any other persons or entities involved in this transaction that may have a claim for a commission, finder's fee or other fee, and Buyer agrees to indemnify and hold Seller harmless from any and all liability, loss, damages and expenses, including attorneys' 19 FROM: ~ F~X NO.: 1 514 845 13433 134-22-97 04:19P p.e6 reasonable fees, that Seller may incur by reason of, resulting from or arising out of any claim of a real estate broker, salesmen, finder or other person or entity claiming a real estate commission, finder's fee or other fee, by, through or under Buyer. FUI-thermore, in the event any broker, finder. or other person or entity claiming a real estate commission or fee in connection with this transaction by, through or under Buyer files a suit naming Seller as a defendant, Buyer agrees, at its cost and expense to defend any such suit or action naming Seller as a defendant. 14. Condemnation. If at any time prior to Closing. the Property or any portion thereof is taken by eminent domain or if any preliminary steps in any taking by eminent domain of the Property or any portion thereof occurs and if Buyer I in its reasonable judgment, determines that such actual or threatened taking would render the Property unsuitable to Buyer's intended use of the Property, the Buyer may, at its option, either at the Closing or on the 10th business day after receipt of notice or knowledge of such actual or threatened taking (whichever first occurs). rescind this Agreement and upon such rescission the Deposit shall be returned to Buyer and thereupon all rights and liabilities arising hereunder shall terminate. Seller shall notify Buyer in writing of any such taking and all steps preliminary thereto as soon as the Seller becomes aware of the same. If Buyer does not elect to so rescind this Agreement, the same shall remain in full force and effect and Seller shall in such event turn over or credit to Buyer at Closing all monies received by Seller by 20 FROM: ~ F~X NO.: 1 514 845 13433 134-22-97 e4:20P p.e7 reason of such taking (less Seller's cost and fees incurred in obtaining the award) and Seller shall assign to Buyer all its right, title and interest in and to any awards that may be made for such taking and any additional money that may be payable there- under. 15. Assignment: Successors and Assigns. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective successors and assigns of the parties hereto. Notwithstanding anything to the contrary .contained herein, Buyer shall be permitted to assign this Agreement to any entity owned or controlled by Buyer, Alexander Mayers, Lorne Mayers or Michael Gartner. 16. Applicable Law. This Agreement is to be construed and enforced according to the laws of the State of Florida. All notices herein required shall be in 17. Notices. writing. Whenever any notice, demand or request is required or permitted hereunder, such notice, demand or request shall be hand-delivered personally or sent by express mail or courier service to the addresses set forth below: As to Buyer: BML Investments, Inc. Attn: Alexander Mayers 2050 Mansfield Street, Suite 1112 Montreal, Quebec, Canada H3A lY9 with a copy to: Rogers, Towers, Bailey, Jones & Gay 1301 Riverplace Blvd., Suite 1500 Jacksonville, FL 32207 Attn: Anthony A. Anderson, Esquire 21 FROM: ~ I~X NO.: 1 514 845 13433 134-22-97 e4:21P p.e8 As to Seller: Boynton Commerce Center Limited Partnership 250 Australian Avenue, Suite 400 West Palm Beach, FL 33401 Attn: Charles J. Stone with a copy to: Robert D'Amore, Esq. 250 Australian Avenue, Suite 301 West Palm Beach, Florida 33401 As to Escrow Agent: Chicago Title Insurance Company 2701 Gateway Drive Panpano Beach, FL 33069 Any notice or demand to be given hereunder shall be deemed suffi- ciently given for all purposes hereunder (1) at the time such notices or demands are hand-delivered, or (2) one day after depositing any such notice or demand with any express mail or other overnight courier service -. Any party hereto may change its address by notice in writing to the other parties in the manner herein provided. 18. Time of Essence. TIME IS OF THE ESSENCE of this Agree- Mento 19. No Recordina of Contract. Seller and Buyer each agree not to place this Agreement of record. 20. Survival of Representations and Warranties. All repre- sentations, warranties and covenants contained herein or otherwise made in writing in connection herewith shall not survive the Closing and the execution and deli very of the special warranty deed. 21. Judicial Interoretation. Should any of the provisions of this Agreement require judicial interpretation, the court 22 FROM: ~ F-~X NO.: 1 514 845 13433 134-22-97 e4:21P p.e9 interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agents prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. 22. Entire Aqreement. This Agreement contains all of the agreements, representations and warranties of the parties hereto and supersedes all other discussions, unde~standings or agreements in respect to the subject matter hereof. All prior discussions, understandings and agreements are merged into this Agreement, which alone fully and completely expresses the agreements and understand- ings of the parties hereto. This Agreement may be amended, superseded, extended or modified only by an instrument in writing referring hereto signed by all parties. 23. No Benefit to Other Parties. Except as otherwise provided herein, none of the provisions hereof shall inure to the benefit of any party other than the parties hereto and their respective successors and permitted assigns, or be deemed to create any rights, benefits or privileges in favor of any other party except the parties hereto. 24. No AgencY, Partnership or Joint Venture. Nothing herein shall be construed to establish an agency or partnership relationship between Seller and Buyer tor any purpose. 23 FROM: ~ E.~ X NO.: 1 5 1 4 8 4 5 13 4 3 3 134-22-97 e4:22P p.le 25. Headinqs. The captions and headings contained in this Agreement are for reference purposes only and shall not in any way effect the meaning or interpretation hereof. 26. Waiver. No provision of the Agreement or rights hereunder may be waived unless such waiver is in writing and signed by the party waiving such provision or right. The waiver by one party of the performance of any covenant or condition herein shall not invalidate this Agreement, nor shall it be considered to be a waiver by such party of any other covenant or condition herein. The waiver by either or both parties of the time for performing any act shall not constitute a waiver at the time for performing any others act or an identical act required to be performed at a later time. The exercise of any remedy provided by law in the provisions of this Agreement shall not exclude other remedies unless they are expressly excluded. 27. Escrow Agent. Buyer and Seller hereby agree to enter into an escrow agreement with Chicago Title Insurance Company on terms mutually acceptable, whereby Chicago Title Insurance Company undertakes and agrees to hold the Deposit in escrow in accordance with the terms of this Agreement. 28. No Public Disclosure. Neither Buyer nor Seller shall make any public disclosure of the terms of this transaction without prior written consent of the other party, except that Buyer may discuss the transaction in confidence with proposed joint venturers, prospective mortgagees or tenants ("Permitted parties"). Nothing in this paragraph shall prevent either Buyer or Seller from 24 FROM: ~ E~X NO.: 1 514 845 13433 04-22-97 e4:23P P.ll disclosing or accessing any information otherwise deemed confidential under this paragraph, (i) in connection with that party's enforcement of its rights hereunderi (ii) pursuant to any legal requirement, and statutory reporting requirement or any accounting or auditing disclosure requirement, {iii} in connection with the performance py either party of the obligations under this Agreement {including, but not limited to, the delivery and recordation of instruments, notices or other documents required hereunder}; or (iv) to potential investors, participants or assignees in or of the transaction contemplated by this Agreement or such party's rights therein. 29. Waiver of Jurv Trial. BUYER AND SELLER, JOINTLY AND SEVERALLY, HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS, WHETHER VERBAL OR WRITTEN, OR ACTIONS OF EITHER PARTY. 30. Counterparts. This Agreement may be executed by the parties hereto individually or in combination, in one or more counterparts, each of which shall be an original and all of which will constitute one and the same Agreement. 25 FROM: ~ __F~X NO.: 1 514 845 13433 134-22-97 e4:24P P.12 31. Attorneys' Fees. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys I fees and costs at trial and through all appeals. 32. Proper Execution. The submission by either party of this Agreement in unsigned form shall be deemed to be a submission solely for the other party's consideration and not for acceptance and execution. Such submission shall have no binding force and effect, and shall not constitute an option, and shall not confer any rights or impose any obligations upon either party, irrespective of any reliance thereon, change of position or partial performance. This Agreement shall become effective only upon execution by both parties. The date on which the later of Buyer or Seller executes this Agreement shall be the effective date of this Agreement and, unless otherwise provided herein, the date from which all time periods set forth herein shall run. 33. Exculoation. This Agreement is being executed by and on behalf of Seller and Buyer. No present or future officer, director, employee, trustee, affiliate or agent of Seller or Buyer, or any partner or management company of Seller or Buyer, shall have any personal liability, directly or indirectly, and recourse shall not be had against any such officer, director, employee, trustee, affiliate or agent, under or in connection with this Agreement or any other document or instrument heretofore or hereafter executed in connection with this Agreement. Buyer and Seller hereby waive and release any and all such personal liability and recourse. The 26 FROM: ~ .E.~X NO.: 1 514 845 13433 134-22-97 e4:24P P.13 limitations of liability provided in this paragraph are in addition to, and not in limitation of, any limitation on liability applicable to Buyer or Seller provided by law or in any other contract, agreement or instrument. 34. Business Davs. In the computation of any period of time provided for in this Agreement or by law, the day or event from which said period of time runs shall be excluded, an the last day of such period shall be included, unless it is a Saturday, Sunday or legal holiday, in which case the period shall be deemed to run until the end of the next day which is not a Saturday, Sunday or legal holiday. 35. Agreement Void. This Agreement shall be void if one fully executed copy is not received by Seller, along with confirmation that the Deposit has been received by the Title Company, on or before 5:00 p.m. E.S.T. on WlRt:H ?O , J.997. 36. Prooertv Association - Disclosure. Buyer hereby acknowledges the following: (a) As a purchaser of property in this community, Buyer will be obligated to be a member of a property owners' association. (b) There have been or will be recorded restrictive covenants governing the use and occupancy of properties in this community. (c) Buyer will be obligated to pay assessments to the association, which assessments are subject to periodic change. {d) Buyer's failure to pay these assessments could result in a lien on the Property. 27 FROM: ~ ~E~X NO.: 151484513433 134-22-97 e4:25P P.14 (e) The restrictive covenants cannot be amended without che approval of the association membership. (f) The statement contained in this paragraph are only summary in nature and, as a prospective buyer, Buyer should refer to the covenants and the association governing documents. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first above written. signed, sealed and delivered in the presence of: II SELLER " BOYNTON COMMKRCB CENTER LIMITED PARTNERSHIP, a Florida limited partnership By Its General Partner BOYNTON COMMERCE CENTER, INC., a Florida corporation By: Name: Its: "BUYER" H. . . -:'? ," __............. .' ~..,. ( .' ,/?J)J ... .. - . ''':'';'''; / "- /.. 7 By: Name: Its: BML 28 FROM: ~ _E.~X NO.: 1 514 845 0433 134-22-97 e4:26P P.15 (el The restrictive covenants cannot be amended without the approval of the association membership. (f) The statement contained in this paragraph are only summary in nature and, as a prospective buyer, Buyer should refer to the covenants and the association governing documents. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first above written. Signed, sealed and delivered in the presence of: "SELLER" BOYNTON COMMERCE CENTER LIMITED PARTNERSHIP, a Florida limited partnership By Its General Partner MIG;BOYNTON COMMERCE CENTER, INC., :y~l~~rrO:l~ /_ Name: Charles J. Stone a~' Its: Vice President II BUYER II BMI.. INVESTMENTS, INC. By: Name: Its: 28 FROM: ~ _F~X NO.: 1 514 845 13433 134-22-97 e4:26P P.16 II ESCROW COMPANY 29 FROM: ~ F~X NO.: 1 514 845 13433 134-22-97 e4:27P P.17 EXHIBIT RAn page 1 of 1 PARCEL 1 A portion of Parcel 3-G, BOYNTON COMMERCE CENTER, according to the Plat thereof as recorded in Plat Book 46, pages 126 and 127 in the public records of Palm Beach County, Florida, more particularly described as tollows: BEGINNING at the Southwest Corner of said Parcel 3-G; thence N 02"21'32" E, along the West line of said Parcel 3-G, for a distance of 239.73 feet to a point on a line 35.00 feet South of and parallel with the North line of said Parcels 3-Gi thence S 88"32'20" E, along said parallel line, 'for a distance of 402.15 feet to a point on the arc of a tangent curve, concave to the Southwest; thence Southeasterly along said parallel line and the arc of said curve, having a radiuc of 729.00 feet, a central angle of 17"40'25" and an arc distance of 224.87 feet to a point on the East line of said Parcel 3-G; thence S 20.00'lSu E, along said East line, for a distance of 179.94 feet to a point on the South line of said Parcel 3-G; thence N SS"32'20u W, along said South line, for a distance of 164.10 feet to a point on the arc of a tangent curve, concave to the Southeast; thence Southwesterly along the arc of said curve I having a radius of 2391.83 feet, a central angle of 09"46'14" and an arc distance of 407.87 feet to the POINT OF BEGINNING. TOGETHER WITH: PARCEL 2: A non-exclusive easement for ingress and egress and utilities over, under and across that certain Ingress, Egress and Utility Easement created pursuant to the plat of Boynton Commerce Center recorded in Plat Book 46, pages 126 and 127, public records of Palm Beach County, Florida, extending from Woolbright Road to the north property line of Parcell described above. ...\may.~c\boynton.k4 30 ---'",._-~------_.,".._-_._._------_.,,----~..-_._---~-----_._---_.~_._._.---