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APPLICATION 01'06/95 14:39 '5'6098962-- t .JINGOLI ORG. I4l 002/002 (7) III. APPLICi\TION FEES. Fees sha.ll be pa.i.d at the time that the application is submitted, according to the fees which have been adopted by ordinanoe or resolution. The Plannin9 Department will inform thQ applicant as to the fees which are r~c;[uired. All fags shall be paid by check, payable to ths City of Boynton Beach. IV. CERTIFICATION (I) (1~re) understand i;.hat this application and all plans and p:spexF.. embrn:i.ttp,-:; h'9"r""N ~ +,-l-l J:....-; :.;::,; Z'. ;;;:':1=:. :::;;: ~he P~):"liaiLeal tecords of the Planning and Zoning Board. (1) (We) hereby oertify th!1t the above statements ancl any s.tatements or showings in any papers or plans sUDmitted herewith are true to the best of {my) (our) knowledge and bellef. This application will not be a~cepted unless signed according to the in3~ructionlS belc;m. ,:;:/ _------;::.:=A C"""'- _._._~ /.< ~--, , . '-~.{f~~ .' /--/Si91'Odture. o~Jfil~r( sy/or 'I'rustee, or Author.y;::~d" PJ;J.ndipal if property is owned by a corpor'ation or other bU$loes8 entity. /J,4~ Y 'D e. v. ~~HORIZA'I'ION OF AGENT ~~Z~/~ s~gnature of Aut~ized Agent Oe-c 8' Iqrft.t Date !-. ~t.!.~y 1".a.':'ep:, de~i<J~a~e t.~e ~bsve sig-nec.l p'~x!"rm as (my) . U'.t~, c.lit{I~J'cl<::eCL agG;.....:. wl:t~.i regar\'). ~u t~lis appL.L:atlori. \ .__--. __. - '.J> ...._--.,.,._..;> -.-- ..~"'::.._/~:~;'~::~::3?-~'~ ..-/f~'.' /---<~:Sig'h:s.ture of ~Efr( s) .pi"-'-"Trustee 1 // Or Authori~..~~:.>Princ.i-p'a:1 if property is owned Py" a corporation or other business' entity. 1~6 /f'( Date v' STATE O~ NEW JERSEY caUNTt OP MERCER Joseph R. Jingolt personally appeared before me as owner and subscribed ~he above on December 20, 1994. ~JL~ Y~-~L ~. phhfip- ii.~~h'f<r 1] . PHIUIP L SHEPHERD I t:.Mirdlb- of ~otary Pubtic of New Jersey ~~(J~p My Commission Expires 9/23/96 PL~7NXNG DEPARTM~NT - APRIL 1991 A;LandUSB 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: WOOLBRIGHT PROFESSIONAL CfNTfR 2. Type of Application (check one) a. Rezoning only b. Land Use Amendment Only x c. Land Use Amendment and Rezoning 3. Date this application is accepted (to be filled out by Planning Department): 4. Applicant's Name (person or business entity in whose name this application is made): JOSEPH R JINGOlI Address: 3131 PRINCETON PTI(F. HI nr, 4 SIIITE 209 LAWRENCEVIII F. NF\I JFR~FY 08648 (Zip Code) Phone: (609) 896 3111 FAX: (60Q) Rqfl ?~~4 5. Agent's Name (person, if any, representing applicant): FRE~ KORKER I ASSOCIATES - JOHN G. GLANDfR Address: 2500 S.E. MTDPORT ROAn PORT ST LUCIE. FI A ~4Q~? (Zip Code) Phone: (407) 337 2888 FAX: NONE 6. Property Owner's (or Trustee's) Name: Address: JOSEPH R. JINGOLI 3131 PRINCETON PIKE LAWRENCEVILLE. NEW JERSEY 08648 (Zip Code) FAX: PLANNING DEPARTMENT - APRIL 1991 A:LandUse ( 2 ) 7. Correspondence Address (if different than applicant or agent) : SAPlE *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: J(Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.) OWNER 9. street Address or Location of Subject Parcel: WOOLBRIGHT ROAD lq2 FEET WFST.OE CORPORATE nRIVE 5UU ~ttl EAST OF 18TH STREET, BOYNTON BEACH 10. Legal Description of subject Parcel: SFF ~TTACUED DEED 11. Area of Subject Parcel (to the nearest hundredth (1/100) of an acre): 2.61 ACRES BY COUNTY RFCORn~ 14. Current Land Use Category: C-l OFFJCE AND PROFESSIONAL C-7 NFTr,~RORUOOD CO~"ERCIAL DISTRICT . OFFICE COMMERCIAL.. - , 12. Current Zoning District: CO..P1ERCIAL DISTRICT Proposed Zoning District: 13. 15. Proposed Land Use Category: LOCAL RETAIL COMMERCIAL - 16. Intended Use of Subject Parcel:NEIGHBORHOOD RETAIL SHOPS 17. Developer or Builder: TO BE DETERMINED 18. Architect: 19. Landscape Architect: 20. Site Planner: 21. Civil Engineer: 22. Traffic Engineer: 23. Surveyor: 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) ----L. a. ----L. b. ----L. c. This application form. A copy of the last recorded warranty deed. The following documents and letters of consent: (1) _ (2) --X- (3) ( 4 ) -X-- (5) * -L d. If the property is under joint or several ownership: a written consent to the application by all owners of record, If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and If the applicant is represented by an authorized agent: a copy of the agency agreement, or written v consent of the applicant, and If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and 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 deleqated authority to v/ ~resent the corporation or other business _entity, or in ll.eu thereot, wrl.tten proof that he is in fact an officer of the corporation. I A sealed boundary survey of the subject parcel by a tt surveyor registered in the State of Florida, dated not V' 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: -L (1) An accurate legal description of the subject parcel. -Jl- (2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. ~ (3) --L- e. 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. tI ?' ,j 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 \vill be done by the City of Boynton Beach. v PLANNING DEPARTMENT - APRIL 1991 A: LandUse ( 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. ---L f. 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. -L- g. 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: ~ h. -L- (1) --I- (2) ( 3 ) -y-- (4) -X- (5) 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. A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. Proposed tirning and phasing of the development. 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. 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 ( 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. CER~IFICATION (I) (We) understand that this application and all plans and p:iperF. slJhmi.t:tf=.d h~.....",... ~ +-}-; br.,.. "T-'.' .~ ;-:l=~ =~: '.:.~.c ~C.l..:..".....:i.!i.. records of the Planning and Zon1ng 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. ~----~ _.._---~.__._--:..~~~ \'-~._._- ,'>Sign-ature of. .owner (s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. I;} h;t1 y ID e V. AUTHORIZATION OF AGENT =<~ S:.gnature of Aut orbed Agent o e.c 8' I q q Lj' Date I~ ~ tJt'i~ i }..~""~b:.T np.c:::.:i.:!.....:1tp. th~ 2.:-:'lC~.e sirmed ?en~nn as (my) agG:_.'': V'lit~i regar\'.... t.c. t~us a.?pl:"l,.,.at1on. , u,..... I &.u.l:.i.i.(J...... i..::e:Ci. ./ lc1i2o If1 I I1ate I \ slgt;;ture of ownei( s) or Trustee; or Authori~ed principal if property is owned by a corporation or other business entity. STATE OF NEW JERSEY COUNTY OF MERCER Joseph R. Jingoli personally appeared before me as owner and subscribed the above on December 20, 1994. ~s~:'I.O 6-1 PHilliP L SHEPHERD Notary Public of New Jerser My Commission Expires 9/23/96 PLANNING DEPARTMENT - APRIL 1991 A:LandUse ( 8 ) SPACE BELOW THIS LINE FOR OFFICE USE ONLY Review and Proces~ing Schedule: Date Accepted by Planning Department Date Transmitted to City Clerk Date Notifications Mailed to Surrounding Property Owners Dates of Adverti.sement in Newspaper (rezoning and/or land use amendment) Dates of Adverti.sement 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 e 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, COND~TIONAL 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 tte 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 I, 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 I, 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 500 net vehicle trips per day. _ Applications for building permit, if a site plan or conditional use was submitted prior to June I, 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) ~75-6260. PLANNING DEPARTMENT - APRIL 1991 A: LandUse NOTE: ( 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. Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application. ( 6 ) ( 7 ) -i.l.A (8) -X- (9) 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 Py 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. 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. 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 rhe 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. 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 LARGE SCALE LAND USE ELEMENT AMENDMENTS. INCLUDING RELATED APPLICATIONS FOR ANNEXATION. REZONING OR COMPREHENSIVE PLAN TEXT AMENDMENTS 1994 SUBBMISSION DEADLINE T.R.C. ~** PRE HEARING CONFERENCE** P&D PUBLIC HEARING CITY COMMISSION PUBLIC HEARING Oct 01 Dec 13 Dec 20 SMALL SCALE LAND USE ELEMENT AMENDMENTS PURSUANT TO CHAPTER 163.3187.{ll(c) FLORIDA STATUTES*** INCLUDING RELATED APPLICATIONS FOR ANNEXATION. REZONING. OR COMPREHENSIVE PLAN TEXT AMENDMENTS. OR REZONING APPLICATIONS CITY COMMISSION CITY COMMISSION SUBMISSION P&D PUBLIC HEARING PUBLIC HEARING DEADLINE PUBLIC HEARING FIRST READING SECOND READING Apr 26 Jun 14 Jun 21 Jul 05 May 24 Jul 12 Jul 19 Aug 02 Jun 21 Aug 09 Aug 16 Sep 06 Jul 26 Sep 13 Sep 20 Oct 04 Aug 23 Oct 11 Oct 18 Nov 01 Sep 20 Nov 08 Nov 15 Dec 06 Oct 25 Dec 13 Dec 20 Jan 03 ** only those land use amendments and rezonings subject to state review that are planned development district requests require review at a T.R.C. meeting and prehearing conference. *** Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan under the following conditions: The proposed amendment is a residential land use of 10 acres or less and a density of 10 units per acre or less or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and: a. The cumulative effect of the above amendments shall not exceed 60 acres annually; b. The proposed amendment does not involve the same property more than once a year; and c. The proposed amendment does not involve the same owner's property within 200 feet of property granted a change within the pri0r 12 months. A Development order related to a small scale amendment/rezoning cannot be granted until after the amendment is found in compliance by the Florida Department of Community Affairs as declared by the issuance of their Notice of Intent. The Notice of Intent becomes effective approximately 121 days (4 months) following adoption by the City. FRB1'LUSCHEO.BCH FRED KORKER - & Associates, Inc. PrQRerty Tax Consultants 25UO S.B. Midport Road Port St. Lucie, PI 34952 Formerly: Mc&~~?'1~~? Je~2~ Associates - - Consulting Agreement: The Jingoli Organization hereby appoints Fred Korker & Associate, Inc. as it's Agent: to prepare and present the required documen- tation for Rezoning of their Woolbright Road Property . Fred C. Korker & John G. Glander of F'red Korker & Associates, Inc. are authorized by the Undersigned to negotiate with the Boynton Beach Planning & Zoning Board; and, any other government agencies required to accomplish the above mentioned Rezoning. . Owner Will p~ovide Agent with copies of documents required for the Rezoning Application and sign documents and forms required for the Rezoning. Owner also agrees to hold Agent harmless from any liability ~esulting from Agent's efforts. ..k.. .......... ........ Fred C. Korker For: Fred Korker & Associates, Inc, ) . ..--------, ..-- . - / ~ ( >~~~~-:R:;-si~~l? . . . . '-- /.;:/ For: The JingoIi Organlzation /' / ;/ / \ ./ J ~-._.....'...~.. --r-- ---- OCT-I8-1988 01:05P. 88-288239 () tllis ~ __ .......... by. ., o LEONAnO & MOmI8ON "'--- .. .... ,.." _ 1Mi11 .... Lr 1111 ..... ..... ___ ltfarrantg Bttd (SUTiIlOr\' FORM-SECTION "'.02 F.s.) lJlJtJI JUralun. Made this 13~ day of October 19 87. ~ JCF PARTNERSHIP, a Florida general partnership, a/k/a J.e.F., a Florida part.nership ii .J 1 ; of Ihe County of Broward , SIa'- of Florida WOOLBRIGHT PROFJ::SSIONAL CENTER, a New Jersey partnership . /..ho" po.toHiceodclr... i. c!L!1. ~~~n!!LI ~~, lff~.,~Jh.~ 11, SI1iL6 204 N~l1, FaIn. BeAd" n. H~ ~~.t!I.1Gt"JI" . JJ. J. Oftl.~t of Ihe County of Pallll Beaeh ,Slot. of !"J:w.,.i... , gnontee., , ~., OIod .ttnt.un,. Tho' soid grantor, for and in canlidera!ion of the sum of TEN ($10.00) DoIIc.n. o~ o'her good and yoluobl. conliderolion. '0 ><lid grontor in hond poid by said grantee, Ihe _..pt ..her...f i. hereby ock""..ledged, has gronted, bargained ond sold 10 ,he said gran"', ond gran...', heirs ond 0'" f_, ..... following described land, siluat., lying and being in Palm Beach County, Florida, lo-wit. I I 1 f i Parcel "Oh as shown on the Plat of Tenth Section, Palm Beach, Leisureville, City of Boynton Beach, Florida, a~cording to the Plat thereof, on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 30, Pages 129 through 141 SUBJECT TO taxes for the year 1987 and subsequent years 11 II !J ',i. ~! ~ SUBJECT TO easements, restrictions and limitations of record. 88-288239 C~n 324,000.00 Doc 1,782.00 JOHN B DUN<LE,CLERK - PB COUNTY, FL and .aid g,anlo, doe. hereby fully warranl tho ,ille 10 soid land. and will defend ,he .ame against the lawful claim. of all penons whomsoever. .... "Gral'> 'or" and "Qront..." are used for singular or plural, 01 con'.xt requiret. G,onlor has he,eunto ..t \lranlo,'. hond ond ..al Ihe day and year font aba... ..ritten. our pre..nc JCF PARTNERSHIP. a Florida general partnership BY: L/-L L.... ' (Seal) ~~ fJf:;j (S-I) (, ~,; (S-I) ~ w:.rc (S-I) PMM 8UlCH OO\MTY, FlA. JOHN .. DUfIIIlLE CU!N( ClIW:UfT tJOu1lT FLORIDA B RO\oI ARC :1 j f I I STATE Of COUNTY OF I HEREBY CERTIFY thaI on this day IMfar. me, an oHic.r duly quolifi.d to take acknowledg....nt>. penonally o_red ':'UiN CICICNE, CONSTANl'IN:) CICICNE -and FRANK CICICNE, partners of JCF Partnership, a Florida general partnership a/kla J .C.F., a Florida partnership to me known '0 be Ihe person s d...ribid in and who .xecuted Ihe forega;ng in. 'rumen' and ocknawledgecl before .... tt.al they.xecuted Ihe sa....) on behalf of said Partnership. WITNESS my hond and official seo"...'IMl't!bVl\I;Y. and Slat. Io:]t ar.said this 1.5U-~,!.! OCtroer .' :-&. .(i.~ ftill " /J 1'87. ,.,"~\'f.,.......",.rl'/'" ~ ,) ~ ~ .... ". ''',-:,. '-"" Aly commi.sion exp;;.. lJt/~ 0 1 A I? ~'.~t~ Notary Public 1:J../ISjt. L" t -'- j ~ RETURN TO: po In: Ill! ... HI.... r .'0. ;,";\ PUB L \ C.... ~ f'\.. eH"'~J,S$ GoL/)/Ot" II -:"" <";>" ,..< vi' F"IIU.,.. .II,.,8,t'(~N ,...,n.~ "' - Illi.8 ""/"'(OR;O"'''~'''' I.vJ"//(II,,uC Co. (1^"~ .--" --. '",,,,,,,,,,,,.,,,. C6",o N.t.v, I/. ~.rr. ;j> t }. ~~ I,~l lJ..~.~. '.' OliM .t-LI~'. t\)......'. .. ;P,:, , .Gi~'. ~~~' ....... r-.,.. '::J~~ I OFFICE OF THE COUNTY LEGIS.-~TURE COUNTY OF SUFFOLK MICHAEL J. GRANT PRESIDING OFFICER H. BEECHER HALSEY. JR. DEPUTY PRESID'NG OFFICER COUNTY CENTER RIVERHEAD. NEW YORK I 1901 March 4, 1975 Mr. John Glander Grathwohl Road New Suffolk, New York 11956 Dear Mr. Glander: Attached herewith is a certified copy of Resolution No. 197 of 1975, adopted by the County Legislature on February 27,. 1975, approvi ng your appoi nbnent by the County Executive as a member of the pool of appraisers from which the Commissioner of Real Property may select persons to conduct real property appraisals. Kindly execute and return the attached oath of office form to this office for filing with the County Clerk. Thank you. ~Your~ . --............ Robert J. Jones Clerk County Legislature RJJ/eab Encs. ROBERT J. JONES CLERK PARK 7.4700 EXTENSIONS 332-333-...06 ) l I . ! ! I \ ( '" \ ~ 1 ~ I' I\" ~ . \ ;1 J \\\ ~~\ \y ., \\ \," \\ \ \\ V f \ \ ~ ' \>~v) \ ,\ 1/ . \ ~ ~ \ ,,:', \":. \.' \ -....~J'! i" " ...... .... \. -:~ \,,\... h :. :,~ \ \ ',,' \ \ . -:...'\ \ \ ,\ ::, ~"' ~ ~'J \ ". \ \ . s ~\ :\\',t ;. \ \~' tll '"" '~.. .1 , I "'..'; ~~\~' ~ \~i ...~ ~'~~ ~~,,'il ......~.ti, ,~.,:~ "\t~J ~~ ~ .I ! .. " t ( i I It i 'l.f ~\ \~, " ....- . 'l " .. ~ $- ~ (iI" .f .... ,_ 'k "l ;' ~ " )l t. ' I . f t- \ t f '1 i , /; // i r{'\ \, r l I I I John G. Glander Real Estate Appraiser UNDER RDR ON PAGE THREE REQUEST EXSISTING SURVEY BE USED IN THIS REPORT AS THERE HAVE NO CHANGES SINCE THE SURVEY WAS PREPARED. UNDER # THREE ON PAGE 3 TREE SURVEY BE WAIVED AS THERE ARE NO TREES ON THE SUBJECT PROPERTY WITH THE EXCEPTION OF BRUSH ON THE EASTERN PART OF THE PROPERTY ....IN A SMALL AREA OF THE PROPERTY. PAGE 4 OF ZONING APPLICATION RGH ZONING JUSTIFICATION THERE ARE PRESENTLY TWO EXSISTING OFFICE BUILDINGS WITHIN SIGHT OF THE SUBJECT PROPERTY AND ONE OFFICE BUILDING IN THE GENERAL NEIGHBORHOOD. ...LOCATED ON THE SOUTH SIDE OF WOOLBRIGHT ROAD ASIS THE SUBJECT PROPERTY AND ONE ON CONGRESS ROAD JUST SOUTH OF WOOLBRIGHT ROAD. ALL OFFICE BUILDINGS ARE OF THREE STORIES AND OF SUPERIOR CONSTRUCTION. PRESENT ZONING CALLS FOR A MAXIMUM OF TWO STORIES FOR OFFICE CONSTRUCTION. THE OFFICE SPACE IS AS FOLLOWS PAY CHECK OFFICE BUILDING JUST TO THE EAST OF THE SUBJECT PROPERTY WITH AN ESTIMATED VACANCY FACTOR OF 30% SQ. FT. OF BUILDING WOOLBRIGHT PROFESSIONAL BUILDING ON THE SOUTH SIDE OF WOOLBRIGHT ROAD WITHIN SIGHT OF THE SUBJECT PROPERTY OF SUPERIOR CONSTRUCTION WITH A VACANCY FACTOR OF AN ESTIMATED 32% SQ. FT. OF BUILDING NATIONS BANK OFFICE BUILDING ON THE SOUTH SIDE OF CONGRESS ROAD JUST SOUTH OF WOOLBRIGHT ROAD WITH AN ESTIMATED VACANCY FACTOR OF 50%. SQ. FT. OF BUILDING ALL BUILDINGSWERE PHYSICALLY INSPECTOR TO DETERMINE VACANY FACTOR. ACCORDING TO THE BUILDING DEPARTMENT OF THE CITY OF BOYNTON BEACH THERE HAVE NO BUILDING PERMITS ISSUED FOR OFFICE SPACE IN 1993-4 WITH THE HIGH DENSITY OF MULTI DWELLINGS AND HOUSES IN THE NEIGHBORHOOD C-2 NEIGHBORHOOD RETAIL WOULD BE A SERVICE & CONVIENCE TO THE NEIGHBORHOOD THERE IS A STRONG DEMAND FOR COMMERCIAL PROPERTY IN THE NEIGHBORHOOD C 2 & C-3 PERMITS 1993-4: THE SUBJECT PROPERTY IS CONSIDERED UNMARKETABLE AS PRESENTLY ZONED. (-2 ZONING WOULD NOT CHANGE THE CHARACTER OF THE NEIGHBORHOOD. 1850 Palm City Rd, Cutty Sark 204, Stuart, FL. 33494 (407) 220-1173 John G. GlanFr Real Estate Appraiser SALE C WOOLBRIGHT PROFESSIONAL CENTER 2240 WOOLBRIGHT ROAD BOYNTON BEACH, FLA. DATE OF SALE: DECEMBER 1993 PURCHASER: LOUIS J. APPIGNANI 1900 GLADES ROAD BOCA RATON, FLA. ZONING C-l USE: OFFICE BLDG DESCRIPTION: 3 STORY OFFICE BUILDING OF MODERN CONSTRUCTION IN EXCELLENT CONDITION. LOCATION: 2240 WOOLBRIGHT ROAD IN THE NEIGHBORHOOD OF THE SUBJECT PROPERTY. ESTIMATED SELLING PRICE $1,900,000 CONFIRMED BY RENTAL AGENT PREMISES RATIO OF LAND ASSESSMENT TO TOTAL: 19% 19% VALUE GIVEN LAND VALUE OF SALES PRICE ESTIMATED LAND VALUE BASED ON SELLING PRICE: $$361,000 ESTIMATED VALUE PER SAURE FOOT: $2.57 VACANCY FACTOR IN INTERVIEW WITH RENTAL AGENT ON PREMISES:32~ VACANCY BY PHYSICAL INSPECTION AUGUST 1994 4TH FLOOR: 18 VACANCIES 6 TENANTS 3RD FLOOR: 39 EXECUTICE SUITES 30 RENTED 2ND FLOOR: RENTED 1ST FLOOR: ENTRANCE HALL AND UNDERNEATH BUILDING PARKING. LOT SIZE: 3.22 ACRES John G. Glander Real Estate Appraiser PAGE 4 OF REZONING APPLICATION SECTION MHM NUMBER # 1 OFFICE SPACE:TWO STORY BUILDING C-2; ONE STORY BUILDING LOT COVERAGE IS CONSIDERED TO BE 15% TO !5% DENSITY WITH APPROPIATE PARKING SPACE AND SET BACKS. BUILDING BY MARKET PRATICE IS BASED ON A ONE STORY RETAIL NEIGHBORHOOD BUSINESS NUMBER 2 ZONING USES FOR C-1 & c-2 ATTACHED # 3 TO BE DETERMINED # 4 EMPLOYEES UNDER C- 1 WITH A TWO STORY BUILDING AND CLIENT TRAFFIC TO BE WELL OVER EMPLOYEES IN C-2 OF NEIGHBORHOOD RETAIL . # 5 TRAFFIC INCREASE IS CONSIDERED TO NOMINAL AND UNDER 500 AADT. WOOLBRIGHT ROAD AADT: 29,310 # 6 THE DEMAND FOR WATER WOULD EXCEED THAT OF PROPOSED ZONING FROM C-1 TO C-2. BASED ON A TWO STORY BUILDING VERSUS A ONE STORY BUILDING AREA. C-1 DEVELOPEMENT WOULD INCLUDE OFFICE PERSONNAL PLUS CLIENT TRAFFIC- , 7 SEWAGE FLOW WOULD FAR EXCEED THAT OF C=2 NEIGHBORHOOD RETAIL. # 8 NOT APPLICABLE # 9 A BARRIER WALL SIMILIAR TO AN EXSISTING WALL ON C -1 & c-2 ON THE NORTH SIDE OF WOOLBRIGHT OF AN EYE DOCTO~ COMPLEX AND NEIGHBORHOOD RETAIL PRESENTLY DEVELOPED BUFFERING RESIDENTIAL PROPERTY WOULD BE CONSTRUCTED. NEIGHBORHOOD RETAIL IS CONSIDERED TO HAVE MIII"U" NUISANCE AND HAZARD AND OPERATE ON RETAIL HOURS . EXCLUSION OF USES TO BE DETERMINED BASED ON POLUTION OF PROPERTY. C-2 OF NEIGHBORHOOD RETAIL WITH AMPLE PARKING SPACE COULD BE SERVICED WITH ONE CURB CUT. 1850 Palm City Rd, Cutty Sark 204, Stuart, FL. 33494 (407) 220-1173 John G. Glander Real Estate Appraiser PROJECTED NUMBER OF EMPLOYEES WITH CURRENT ZONING AND PROPOSED ZONING OF THE JINGOLI PROPERTY WOOLBRIGHT ROAD CITY OF BOYNTON BEACH. C-1 ZONING PRESENT ZONING OF C-1 OFFICE PROFESSIONAL BASED ON 45,302 SQUARE fEET OF BUiLDING AREA BASED ON SUITES OF SOD SQUARE FEET WITH ONE THIRD OPEN SPACE FOR HALLS ETC. ..37 UNITS WITH AN ESTIMATED THREE IN PERSONNEL...111 EMPLOYEES... OF TWO STORY BUILDING. PROPOSED C-2 ZONING PROPOSED ZONING OF NEIGHBORHOOD RETAIL BASED ON 22,500 SQUARE FEET OF RETAIL BUILDING AREA OF ONE STORY AND STORE AREAS OF 3,000 SQUARE FOOT STORES :. 7 UNITS WITH AN ESTI"ATED THREE EMeLOYEES PER UNIT GIVES AN ESTIMATED 21 OF RETAIL PERSONNEL. 1850 Palm City Rd, Cutty Sark 204, Stuart, FL. 33494 (407) 220-1173 EXHIBIT "A" Parcel "D" as shoWn on Plat of Tenth Section, Palm Beach Leisureville, City of Boynton Beach, Florida, according to the Plat thereof, on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 30, Pages 129 through 141. ADOl.Nl.JUl-j SI'cCIAL CLACS1::S 1. l-urchu~,(' r-;oncy FiLt:.t j';()J"ts,a;ll' In [avl.,r 01 lhe Seller Hi Un':' a,II:'UI.t 01 ~~..)Li,lJOL:.L'u l-(,v~rin9 tile E.uI:-JeC:l hJ[(iPt:rt) "'. <J ., c..H..;.;.":li1.H.:U I) 1I1..xhjbJt. ;," hCL\-tO at the rule: of lOt, pcr Unr,ll,i" IOI a t to' r HI 0 i "1;j;,,€" Y(:ilrs wit.b illteLest only accruing, l:.,,~'aLl(.; IT,(,1. Lil.1)o , ~n t h 1... r i [, c i P u 1 a mi a c (; r II Ul i n t €' (f.. 5 t I Que ur.an n,alur j ty aUJ t.h~ rlote cor.taining nG f,[E:'PoYII;f:'nt penalty. Upon default, note to bear interest at 18 % per annum. ,. 5(:.11 cr shall Jel i ver t i-..t.le tc.. iJuyer f IE:: ~ cHid cl ear 01 all c-ncun,Ll aI1CL:,j. i.l U J (; r Cl t j t ~j 0 W (j (:; x pc II 5 1': , ~. h a.1 1 0 L.. t a .:. n a t 1 U ( ins u r a ill.. e LJo 1 i c}', ~.: tis :: a ( tor y lo E U.Y c.. r s c () \,m s (. 1. j. Se-.ll€[ Wi.irr"nt:; tj'c)L the subjt::ct prop.:..'rty 00(;'5 flot b"vr- any :::oU co/,litlor., i(;., niue" or f'oJllll.ar.tf., \;idch \vcldo l:.[c)dbit builuing without auc:it.ioll costs to H'au)! thE: Jar,u. buyer sboll gn'f: ::,~ll}er a co~.y oj or.)' f~O:il tert c.l.Laincu (or tLe rrop€rt.y. 4. l~ct h'jtbstandin<j ,HI) othE'[ prOV:iSi(ln hE:'r~in. Guyer shc:ll pal the co(.ls of eJOCuH,\;r.tary startli:-'f' or. tbe aee0 ana [\:;coa..ing <.11.:1rgL:s.--- 5. SE"ll€'r ana L'UYPI ackno~lcdse that no rea] eEt~te brc.k(:r, finGer or otber pelson Of [irll, has t.C(~rl uflploy(:cJ otlH:r than bol€-In-0n(~ p( ol-.:erties, Ir;c., u 1 icens~d rC:aj, et tete t,rokt:. r , ana any con:h.hjSlCn is to be p.::dd by Buyer in connEvtion with tho; purchase and sgle of said prOf.Eo'rty. tach party agrees to Ol:-~ l\oCI, at cJoE'in'j e If.utual relECis.:- and ilgn::Et to inocfl.niiy afJu holo ha.rn.leEL the othef purty frolil any claim which may ar i5c or be assertEd by any-tbird party in connection herewith. 6. Thi& transaction shall b~ closed and thE ~ee6 an6 other clo!:il'9 ~ilP(;rE.. oeliv€.:red i5 days froll/ the date of Seller's exc:cutjorl of thIS CGI;tract, unless extcndl2CJ by oti',El fI ovisicns of tb.ls Cu!'treil...t or by writterJ agreeli'E.nt bet\-:pc'n trle partie'f;. Initials: ?9 y. (1 · 1 ......,... ..........__. . _.. .."r-I..._ ,.."..... II w'.Vi-~MV" r ~. PARTIES: ,1"Seller"L of (Phone L and FL. . ("Buv.r"l. of Eso. IPhone (305) 478-lp' hereby Igree that the Seller shall "II and Buyer shall buy the following property ("Property") upon the following terms and conditions which INCLUDE the Standards For Real Estate Transections set forth on the reverse side hereof or attached hereto I"Standardls)"). I. DESCRIPTION: (a) Legal description of Property located in Palm Beach County. Florida: See "Exhibit A" (b) Street address, if any, of the Property being conveyed is (c) Personal property I"Personalty") included: NONE II. PURCHASE PRICE: . . . . . . . . . . . . PAYMENT: la) Deposit Is) to be held in escrow by . . ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . S 324.000. P. Steven Elliott in the amount of . . . . . s 20.000. (b) Subject to AND assumption of Mortgage in favor of having an approximate present principal balance of . . . . . . . . . S Cc) Purchase money mortgage and note bearing interest at lO 'J(, on terms set forth herein below, in the principal amount of .......................... . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2 30 , 000 . Cd) Other S Ce) Balance to close, CU.S.cash, LOCALLY DRAWN certified or cashier's check) subject to adjustments Ind prorations . S 74 . 000 . III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by all parties, and the FACT OF EXECUTION communicated in writing c' telegraphically between the parties on or before Auqus t 10, 19 87 , the aforesaid deposit Cs) shall be, at OPtion of Buyer. returned to 8.Jye' and the offer withdrawn end null and void. The date of Contrect C"Effective Date"lshall be the date when the last one of Seller and Buyer has signed this offer. IV. FINANCING: (at - tt tM' pvTt:+Iast pr ite or enor ~ltl'Hhetoeef-it-t. M-f~aneee .ey... "" ~~QaA .-tbois COAtUld..fac.5a1e...aAd. E'J.'U'''''''' I ::!:claIaI<:1'.:.l js J;tUjwti&U!cQ J.iWl,: ",,~~~~w~m~~~~~~~~~____~~~~~~~~~wu~~~~~-----~m~~--- yoellt'~IIt'I&"""thlt~ei~~t-o+ & _ _ __ __ _ _ _ _ _ -.-etlVlll"'W'rif~PP+;C8ricm'Wi1mn- _ _ --dayos-from €ttecti'Ye-Bate;-vnd-us;" ....a.v. ...;"/"l dtl it&fleH0-08le~ M+el4oeA,. ~~. 8u;r-er- ta il- M 4iK~...t. w...... .Q1d>(lH"1 f1gA M ~MtIf-wttiWJMei& ~~~l"tl""'""'lY ftl'lceKioMI'I!lC"f.- (b) -;n.~iM~~ie~...~p.h.J l4b+~~~~4.~lU~"",~)-O.I~~~R &ewJ;)1i ~~Ca..t~~~t- - - -- - -" ~~~~~~~~~~~w~~~~~~~~~~~~~U~~NW~~"W~~~~------~~~~~~ ~~~~~~~~~~~~U~~&D~~~L~~u~~~o~~u~~~~~UW~~~~~~~~Qa~ s:a..tW. ct..rn n... 9 109 ... .l L~ .has .agLeecL tD ~sswnR ..a .m.oa~ll/i! ..wb icl1.. teqJJues .JIPPmwal.. Qf ..6u.\Ul c..hl,t .1hB .me ttgilQea-fcr..as.sumptiWl,.. ~~..SeJ \.u ...!:.ao. p&QtQfluy-~~u-r..J:Q. ~w ..aLl. ~Q4Wlld....~tions vnd ~ar; 4haJL-diJigaQU'jl-COlXlpllJLB...8,CcLcaWUl.&ama ~be....moa~gea. ..Ar:l.y...F'lO~ sv: ~. chllt'~'TIot to e,,,...'...-d-5-- - - - - - --- --'"atl-be-l'llid-tl'i.;,r5e~aTl&tilr'by-fftf~1"';" t+ tM' eu,.er,","ot~l!'Pt'llcH7y ..,V' '!:fG!:f"" ....~cri~~ te~en are net-i,,"ac~H\..tle~-M-W1e-6OfI~~ "'Mt!l8!l_~e-ol'Ierte~ee" e-kIoHHM~~-6e+I~ ~.,.eM"!\'lJ'l ~~~r~~~~~~wH~~~~~~~~~H~~~H~r~~~~~~M~N~M.~.~~~~~1~~~ ~ amQloU\4 QI..a........~~w 4&pQi~ald-bv~~_b.aU ~w~ \Q .$e.llar..a\-C\QWlg... \1-. ... .;ffi:: Eo E->.rI e~l€e. ~ Wiothtn-- - - - -da~ ..f~1A .1::Ul)j;l4u& .I;lata,...5eJ 1tlr..shaU,...a; ~ar:' ~&n&e... dallll&r_tQ ~~ ";wyer,,:, ..a~.... ~ "afl~~ lttOiA~ jO.I ~ ~ 4H~+- +1-+ ~~~l-OS- ~t.j.e~-4~ .Q..tt4I. ~IW H1A€9-G4lFRFR~-w+tA-~'t-t..... ~ft'(""Pe",ittm- t&-ee-~id :erSe~at etes;..,; VI. CLOSING DATE: Thistransaction shall be closed and the deed and other closing papers delivered on the (SEIaayllDDDENDUM) 19 _, unles: extended by other provisions of the Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: The Buyer shall take title subject to: zoning, restrictions. prohibitions and other requirements imposeoj b, governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements a'; to be located contiguous to the Property lines and are not more than 10 feet in width as to the rear or front lines and 7Y:. feet in width as to the side lines. unies otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; ot.her: NONE ; provided, however, that the'; exists at closing no violation of the foregoing and same does not prevent use of the Property for Re sid en t i a 1 R-l AA . purposa (,. VIII.OCCUPANCY: Seller represents that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond clos"'~g the fact and terms thereof shall be stated herein, Ind the tenant!,l shall be disclo$ld pursuant to Standard F. Seller Igrees to deliver occuplncy of Property at tim. of closing unless otherwise stated herein. If occupancy is to be delivered prior to closing, Buyer assumes III risk of loss to Property and Personalty from dau 0 occupancy, shall be responsible and I iable for maintenance thereof from said date, and shall be deemed to have accepted the Property and Personalty in the; existing condition as of time of taking occupancy unless otherwise stated herein or in separate writing. .' STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: 111 An Ibstract of title prepared or brouqht Cllrren~ hy a reputable anrl ellisting IIbstrlct firm lif not existing then certified.. corr. by In existing firml purporting to be In accurat" synopm of the inSlrumenH affp.r:ting titl(' to the Property r('r.order! in the public records of the county wherein t Property is IOClted, through Effectill1! Date Ind which shall commence with thl' I'arllest puhlic records. or such later date as may be customary in the county. Sell Ihall convey I mlrkltable title. lubject only to liens, encurnbrancl's. exceptions or qualifications let forth in thil Contrar.t Ind those which Ihlll be dischlrged Selllr It or before closing. Marketable titl!! Ihall bl' determined Iccordinq to applir.ablr Title Standards adoptpd b\' authority of The Florida Bar and in lICcordaf1 with Ilw. Upon closing of this transaction the abstract shall become the propArty of Buyer. subject to the right of retention thereof by first mortgagee until fu plid; or (21 I title insurance commitment issued by a Florida licensed title insuror agreemg to i.sue to Buyer, upon recording of the deed to Buyer, In own. policy of title insurance in the amount of the purchase price. insuring Buyel's title to the Properly. subject only to liens, encumbrances, exceptions or qUllificatic sit forth in this Contract end those which shall be discharged by Seller at or before closing. Buyer shall have 30 days, if abstract, or 5 deYI, if title commitme from date of rllCeiving evidence of title to exami'le same. If title is founn d~fectivt-, Buyer shall ''IIithin three 131 days thereafter, notify Seller in writing specify defllCtls). If said defectls) render title unmarketable, as to Item (1) hereinabove or uninsurahle as to item (2), SellE'r will have 120 days from receipt of nt)tice v.ltl which to remove said defectlsl. Ind if Seller is unsuccessful in removing them within said time, Buyer shall have the option of either accepting the title as it then or demandin; I refund of III monies paid hereunder which shall forthwith be returned to Buyer and thereupon Buyer and Seller shall be released, as to one Inot~ of III further obligations under this Contract; however. Seller agrees that Seller will. if title is found to be unmarketable or uninsurable, use diligent effort to corr the defllCtlsl in title within the time provided therefor, including the hringing of necessary suiu. If a title policy is being furnished, Buyer has the right to require Seller to deliver an owner's marketability title policy provided Buyer pays eny additional charges and malt.es request therefor within seven 171 dayslfter Eff8CI Date. B. PURCHASE MONEY MORTGAGE: SECURITY AGREEMENT: TO SELLER: The purchase money notland mortgage. if any. shall provide for a 30 I grace period in the event of default if it is a flfst mortgage and a 15 day grace period if a second or lesser mortgage: shall provide for right of prepayment in wholl in part without penalty; shall not permit acceleration or interest adjustment in event of resale of the Property; and the mortgage, note and security agreement s be otherwise in form and content requ ired by Seller's attorney; provided, however, Seller may only require clauses customarily found in mortgages. mortgage no Ind security agreemenu genera!ly utilized by savings and loan institutions, or state or national banks located in the county wherein the Property is located. mortgage shall require all prior lie:1s and encumbrances to be kl'pt in good standing and forbid modifications of or future advances under prior mortgage Is). PersonaltY being conveyed will, at option of Seller, be subject to the lien of a s"curity agre!!men! and eVldeflcecl by recorded financing statemenu. C. SURVEY: Buyer. It Buyer's expense. within time allowed for delivery of evidence of title and examination thereof, may have the Property surveyed certified by I registered Florida lurveyor. If the survey shows IIny encroachment on the Property or that improvements intended to be located on the PropeM fact encroach on setback lines, easementS, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulations, the same sha treated as a title defect. ~__~~~~~1~~r~~~~~~~~~~~~~~~~~M~~~~.~~~~~~~~~~~~~.~~~~~~. FnmmJ""Cet'T1fTlm ?nrctl mrnt"OP'P'r1ltC'ncT"c1l! tt!1"m'ln1!- O':.'l'tetTIl!" ~~ tt 1m) 'VISTt1I\!'7lt:'t "'.nl!fm mnJTt~TT' m-,;." t:7Il!"'Intm mg-aamll'grtrom"trrmi tw"in+lml1rolT"I' imPT~~ ~Y'1!T" Ts;, .+o-n~ -e?-1!'i-tIoleP"e-r-!le't'" e+-tM-fe-r~.,.;'"'9':" Ell..,'!A "i'l/tIlo+! _ w........+I..-IlW'f- ~w .~~_~.w-~ efoo(_I;lI-de.,... s.nect1tm ",~ml"ll=,~i'c'tTe9t'.r-Cl'eCUl'S-tint":' "~iel'r-rct ~ .,;",...,....v-=.. ~ ...~-e~.et';' ;,..!II'I!t:Ml!t-....e. es~ by-f!-+i=t.<i INi+ei;...g-M te' etmt~.-S1!1 t'!T>mrtt l'ifV,.r;& =r~ """" fTCTTl a' "i"-,~,>";",e,.!"'tI~ ~eq- ~ 09~ ei~!I'!'~!'ic!-. -i_~ ~~lfCeee. t+ltM~_....r~"'-"""" the-ot!lttoft .kleneeO;w.," ~t>foMr-w+t~i~ 4<\lQ -45-+ ~ ~_'Ql;lli~ .Q~,,","~ '.. ~...~ ~~~ {li~~~~ .QQ.t~c:;..Sli~ J3~&r.m.a~~ ~ ~ "Tt~1tIrr,~tr!'WT1T" ~eT~'"raH- M!~rt'~t"!rT ~=,",!;l" C'I""lITT' ~ ~.m~~~-e+-t't'l~~_8!l'd ft'I''';'''1!~ifIollltrPlOt";'''~lfel Uta- ti'lfr)-;lI'f~M-e~P'eM~ ~Me-: ':':~t~ tOitH i-t.... ~-.....i ..,..,..-...{.... ...~...j;....-~~ ....~...... .u>OI...r~Q. ~aQQlW~ ~ ~ iJQliQaJ'...... Co Ac~ E. _ INGRESS AND EGRESS: Seller warrants that there is ingress and egress to the Property sufficient for the intended use as described in Paragraph VII hi title to which is in {accordance with Standard A. F. LEASES: Seller shall, not less than 15 days prior to closing. furnish to Buyer c~ies of all written Il'asl's and estoppel letters from each tenant sPKifyir nature and duration of the tenant's occupancy, rental ratES. ad\lancl'd rent and security deposits paid by tenant. In the event Seller is unable to obtain such from each tenant. the same information shall be furnished by Selle, t:l Suyer wirhin sairl time period in tM for~_ of a Seller's affidavit. and Buyer may ther contact tenants to confirm such information. Seller shall. al closing. dehvH and assign all originallpiisPS to Buypr. . G. LIENS: Seller shall, both as to the PropertY and Personalty being sold hereunder. furnish to Buyer at time of closing an affidavit atte5ting to the ab unless otherwise provided for herein, of any financing st"tements, claims of lien or potential lienors known to Seller and further attesting that there have bE improvements or repairs to the Property for 90 days immediately preceding date of closing. If the Property has been improved, or repaired within said time, shall deliver releases or waivers of mechanic's liens, executed by all gen!!ral contraClors, subcontractors, supp'iers, and materialmen. in addition to Seller affidavit setting forth the names of all such general cor,tractors, subcontractorl, suppliers and materialmAn and further reciting that in fact all bills for work PropertY or PersonaltY which could serve as a basis for a mechanic's lien or a claim for clame!!!!s have been paid or will be paid at closing. H. PLACE OF CL.OSING: Closing shall be held in county wherein Pro~f'rtY is located, at the office of the attorney or other closing agent designated by Se I. TIME; Time is of the essence of this Contrac\. Any reference herein to time periodS of less than si x (6) days shall in the computation thereof exclude Satl Sundays and legal holidays, and any time period provided for herllin which Shell end on a S3turday, Sunday or legal holiday s>,ail ex.tend to 5:00 p.m. of tt full business day. J. DOCUMENTS FOR CLOSING: SeMer shall furnish deed, bill of $lIe, mechanic's lien affidavit. assignments of leases. and any corrective instruments th be required in connection with perfecting the title Buyer shall furnish closing statement, mortgage, mortgage note, securitY agreement, and financing stateme K. EXPENSES: State documentary stamps which are required to be affi'(ed to the instrument of conveyance, intangible tax on and recording of pi money mortgage to Seller. and cost of recording any corrective instruments shall be paid bv.-&alJ..u... Documentary stamps to be affixed to the purchase mortgage. cost of recording the deerl and financing statemenU shall be paid by Bvv,=,r. .~\ly'er , L. PRORATIONS: Taxes, assessments, rent. interest, insurance and other expensllS and re'lenue of the Property shall be prorated through day prior to' Buyer Ihall have the option of taking over any elli51ing policies of insurance on the Propelty .if assumable, in which event premiums shall be prorated. closing shall be increased or decreased as may be required by s,IId proration~. All prorations wia be m..de through day prior to occupancy if occupanc'!' before closing. Taxes shall be prorated based on the current years tax with due allovlance nlade for mall.mum allowable discount and homestead or other tions if allowed for said year. If closing occurs at a date when the current year's millagl' is not fixed, and current year's assessment is evailable. taxes will be p .~ ...u.___. ~_.. ..... ....;^. "..~.'. mill"oe. If current vear's assessment is not available, then taxes will be prorated on the prior year's tax; pr x. n'PEWRITTEN OR HANDWRITTEN PROVIS'....'S; Typewritten or handwritten provisions inllrted herein or attached hereto II addenda shall control all prin~ provision, of Contract in conflict therewith. XI. mSULA TION RIDER: If Contract i, utilized for thellle of a new residence, the InNlation Rider shall b.. .ttached hereto and made part hereof. XII. SPECIAL CLAUSES: (utilize space below) ...... . ..--.-;.. ..........." . ..- _::: ----------- THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. I F NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN A TTDRNEV PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BV THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. AptNOlfel do., not constitute en opinion thet any of the terms end conditions in this Contract should be accepted by the ~rties in e ~rticu/ar tnnSM:tion. TermJ and conditions should be nllf/otiated based upon the respecti"e intrmnt.. objecti"es end bargeininf/ position, of ell interested person&. Copyright 1985 by The Florida Bar and the Florida Association of REA L TORS, Inc. ----------- Executed by Buyer on July 28, 1987 WITNESSES: (Two recommended but NOT required) ~ Executed by Seller 01" WITNESSES: (Two recommended but NOT r~uired) Deposit(s) under Paragraph II received; if other than cash, then subject to clearance. By; (Escrow Agent) BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) [J OF A LISTING AGREEMENT IS CURRENTLV IN EFFECT): Seller Igrees to pay the Broker nlmed below, including cooperating sub-agents nlmed, according to the terms of an existing, separate lilting agreement; OR [J OF NO LISTING AGREEMENT ISCURRENTLY IN EFFECT!: Seller agrees to pay the Broker named below, It time of closing, from the disbursement. of the proceeds of sale, compensation in the amount of (COMPLE~ ONLY ONE)_% of grou purchase price OR $ , for Broker's services in effecting the sale by finding I Buyer reidy, willing and able purchase pursuant to the foregoing Contract. In the event Buver fails to perform and deposit(s) is retained, 50% thereof. but not exceeding the Broker's fee abe provided, shall be paid to the Broker, as full consideration for Broker', services including costs expended by Broker, and the balance shall be paid to Seller. If t transaction shall not be closed becluse of refusal or failure of Seller to perform, the Seller shall pay said fee in full to Broker on demand. In any litigation aris. out of this Contract, concerning the Broker's fee, the prevailing party shall be entitled to recover reasonable attorney fees and costs. !firm name of Broker! By: (Seller) (authorized signatory) (Seller) (name of cooperating sub-agent) SPECIAL CLAUSeS: (See Addendum) Rtv. 1/85 . . . ~ r < ... 1 " of.. '. ~ t. :' .... ..........: :,,,,,'-;4.. . .'. :'. t', t I' . , ..... . It '-<<I .:.,... .......\1......"....'.. .'. '" I. .: .' .. 0;. . '. . : . ._... "..... '..:. :':, ,,'. ..'~'.4~. 4.'.' ~'..', " ",' . of .~ .: toO ....." .!' ..,"~",.:.1 '", ;.-,',. .... I ~. ~ I " ~ .. '(: f '.0:' ~. ~ 0./' !.,. .' ~ ~. i' .... . \ :;H'~' :~( :(:>:.'~ [\;~.~;:~:~:::~\::..:": ~;:::<.:..~:~... '.' " ::;:: >:,' .' .;(".;. '" I' . ',' ... .' t\' ." .. '. . ... ., r .' I ., . . 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'. .':':'.,' .; '. ihown 'latlccon 1"0 '11 &)0 oud corfo:4 . .' ;. .. . . ! rep,o;lJntat1or. of OIUIVUY IlllJCU U~: , .' ", .....:'1._.... ,"";, '")'dh.~cJion.Qfldilla1.~oidwl"::1 '.~. .' I. : :.:.., '., . ..f ..... .. ........ .::. ~'. ..~;. ",'1 accurolo'1a iho 'boll"o.! mv Ii.r;u;"luJi . i ' # . ... .. . . , . . , '. I . I' ',' ; I' . '.' ,:..;. ".,'.. UIIO poil~ I, VIICJ .ilm .~\"/.,. !~IO ~l" .l,'. ;..... . ..~. .,{,. .' .' ]'..' I ofl"oochmcmt" unlo'~ ~h~w!)., i _ '. ':, "'T' .::.'.'., ' .' , . .' . . ')':. '. . . . , ~.' ,,.. . ~i.:..:---':' ~~Err:2.~ Rt'Vi. 'Mud lQ/I~1'r "..yO' Florida Cortihc,"t1 No. 2474 ..., ~ ~ ,... .:).':' 0 ~I /.1 V' ~ Y' 7/-,'c !ROSSI . AND MALAVAS I ENGINEERS. INC. VirST PAl.M BrAeu - BOYNTON DrACH FLORIDA DUA\,.. .,:,( DATE;4/11 7..t "00 t40.cC>O'l'" C':EC KED R;'...s Pol r f) I ,"t ..,.. r-,-,Oo, ~ , ,:) C 5' ':.:: A: / ~; c: .:J P /..) c pC, FOR /? i.~':; ~"c.: . _' .~ _.__ .__ __. A .... _. .,.... .:----;::::. .?',--' PARTNERSHIP AGltgEMEN'l' T11IS AGREEMENT, entel'ed into this duy of BETWEEN, JOSEPH R. JINGOLI of 5 Twining Lane, West Trenton, New Jersey 08628 and FRANCES W. JINGOLI, of 5 Twining Lane, West Tl'enton, New Jersey 08628 and JOSEPH R. JINGOLI, JR. of 5 Twining Lane, West Trenton, New Jersey 08628 and STACEY A. MARKOWITZ of 45 Viburmun Court, Lawrenceville, New Jersey 08648 and KIM13ERLY JINGOLI of 5 Twining Lane, Wcst Trenton, New Jcrscy 08628 and MICHAEL JINGOLI of 5 Twining Lane, West Trenton, New Jet'scy 08628: WITNESSETH: AIlTICLE I Cl'eution, PUl'[JOsc, lJul'Ution , Section 1.01. Formation (a) The above named pet'sons (the npartncl's") hcreby enter into u partnership (the npartnership") for the purposes set forth in this agreement. The Partnership shall be a general partnel'ship govel'llcd by the Unifot'lTl Partner'ship Act of the State of New Jerscy, as fl'OIll tillle to time umcnded. Thc busincss of the Pal'tnership shall be conducted under the name of WOOL131UGllT PIlOFESSIONAL CENTER. (b) Concurrently with the execution of this agl'eement, the Pat'tners shall execute and acknowledge a Fictitious Business Name Statement and cause the same to be published and filed in accordance with the Statutes of New Jersey. The Partners shall execute, acknowledge, file and record all such amendments and said statements as may be l'equired by this agreement, or amendments thereto, or by law. (c) The pl'incipal office of the Partnership shall be located at 3131 Princeton Pike, Lawrenceville, New Jersey. The pl'incipal office may at any time be changed by the agreement of Partners. . I . Section 1.02. PUt'pose The purposes for which the Partnership is forllled and the business of the partnership shall be to invest in the real property described in Exhibit nAil hereto (the "Pl'opertyn), for long-term growth. Nothing in this Agreement shall be deemed to restrict in any way the freedom of any party het'eto to limitation, the acquisition, development and exploitation of real propel'ty, without any accountability to the Partnership or any pal't hereto, even if such business or activity directly competes with the business of the Partnership, and no party hereto shall have any interest in any otllet' business or activity by virtue of this Partnership. Section 1.03. Term Unless sooner terminated, in accordance with the pl'ovisions of ARTICLE IV, the Partnership shall terminate and end on June 1, 2070 or at any earlier date on .t' . ~ . .. which the Partners no longer have any interest in the Property. ... Scction 1.0-1, PCI'ecntUI';cs of Intcl'(~st The l'especti ve ill tCl'CS l of lhe PUl'lIlCl'S ill Hllll to the IIC t 1)1'0 l'i t 01' loss of the Partnership shull be as follows: Put'tllCl'S Pel'cen t Joseph It. Jingoli Frances W. Jingoli Joscph It. Jingoli, Jr. Stacey A. Mal'kowitz Kimberly Jingoli Michael Jingoli 16.68 16.68 lU.GG 16.66 16.66 16.66 Section 1,05. Liability of Partners No Pal'tner shall be liable, for any obligutions incuI'l'ed by any other Partner, whether incurred before or after the execution of this Agreement. Each Partner hereby indemnifies the other and agrees to hold the other harmless from all such excludcd obligations. Section LOG. Rcimbul'seuble Expcnscs If any Partner pays a propel'ly incurred obligation of the Partnership, such put'tner shull be reimbursed by the Partnership upon pl'esentation to the othel' Partnel'S of satisfactory evidence of such payment. Scction 1.07. Control and Mallugemcnt In order to facilitate the handling of all matters pertinent to the purpose of the partnership it is understood and agreed that the absolute management and control of the business and affairs of the Pal'tnel'ship, except as specifically otherwise set forth hereinafter, shall be and the same are hereby vested in the Management Committee, which Management Committee shall initially consist of Joseph H.. Jingoli and Frances ,t W. Jingoli, the Managing Partners. Each Managing Partner shall have a vote on all issues based on his or her percentage interest set forth in paragraph 1.04. The Management Committee shall be indemnified and held harmless by the Partnership for all acts it takes except for fraud. The indemnification shall include all costs and expenses and reasonable counsel fees. In the event that any of the Managing Purtnel'S should ceuse being a Partner, the remaining Managing Partner shall have the right to select any two partnel's to be placed on the Management Committee and shull have all the powers of management hereinbefore set forth. Provided, however, if the spouse of a Managing Partner takes all or part of his 01' her interest by assignment or otherwise, he or she shall accede to his or her spouse's position on the Management Committee and have the sume proportionate vote. In the event that all Managing Partners shall cease being a member of the Pal'tnership, the Management Committee shall consist of all Partners and all decisions in respect to the Partnership, except as herein otherwise specifically set fOI'th, shall be made by majority. vote of the Partnel's, with each Partn.cr having as ,many votes as his or her percentage of Partnership Interest. Sec lion l.UH. Accoulllill[; (a) The Pal'lllel'ship shall IIlaintuin cOlllplete books Hill! I'CCOl'ds ill uccol'duncc with the uccl'uul 11Iethod of uccounlinG, uccumtely reflcctinl~ tile uccounls, business and tmnsuctions of the Pal'tnership in uccol'dance with this Section 1.U8. Such books and records shall be kept at the pdllcipul office of the Pul'lnership or at such other office as shall be designated fOl' such purpose by the Partnel's. All Partners shall have the right to inspect and examine such books und l'eCOl'ds at all l'eusonuble limes dul'ing business hours. (b) The Partnership shall maintain a cOlllmel'cial checking account or accounts (collectively, the "Account"), in such bank or banks as the Partnel's mutually agree upon from time to time. All funds of the Partnership shall be made only by check signed by such persons as may be authorized frol11 time to time by the Partnership. (c) The Partnership shall adopt a calendar year for accounting purposes. Financial statements in such detail as may be agreed upon by the Partners shall be prepared annually by an accountant selected by the Partnership and delivered to all the Partners on or before May 31, of the next following year. ,All financial statements shull be accuI'ute in ull muterial respects alld shull present [uirly the finuncial position of the Partnership. All costs and expenses incurred in the pl'epara tion of said accoun ling shall be considered to be a direct expense to the Partnel'ship. The financial statements will be unaudited and in the event that any Partner requests audited financial statements of any year, the additional cost and expense incurred in pI'epal'ation of tile audited financial statements over and above that normally incurred [or pl'eparation of unaudited financial statements shall be paid by the Partner requesting said audited financial statements. " I . (d) The Partnership shall cause to be prepared and shall file on or before the due dates (or any extensions thereof) annual United States and State Pal'tnership Returns of Income and any other Federal, State or locul tax returns required to be so 'filed. Each such return shall be submitted to all Partners a reasonable time in advance of the required filing date. (e) The books and records of the Partnership shall include such assets, liability, income and expense accounts as are appropriate to the Partnership, and separate loan, capital and undistributed earnings accounts [or each Partner. ([) In all cases, accounting transactions shall be recorded and accounted for in accordance with generally accepted accounting principles. Section 1.09. Services of Partners The services of the Partnm's in a capacity as a Partner, shall be rendel'ed without costs to the partnel'ship, pl'ovided, however, any services rendered to the Purtner in a capacity other than that of a Partner (such as legal services, accounting sel'vices, etc.) shall be paid for by the Partnership to the Partner. Section 1.10. Distributions (a) The net cash receipts of the Partnel'ship as hereinafter defined shall be distributed as. soon as practicable after the close o~, eacha,cco~l1ting year of the Pal.tnership or more frequently if the Management Committee determines to make more frequent distributions, which distributions shall be made to the Partners in proportion to their Partnership interest. (b) Tile tel'llI "Net Casll Hcceil,>ls" as used hCI'cin shall mcan lIet pl'ul'i ls derived fl'om the Premises owned by the PUl'tnel'ship, as uscel'tuined thl'ough the llse of slalldal'd accounlillg pl'Uctices applied on a cOIIsi::;tent basi::;, except that (a) dCl,>I'cciutiun of building, improvements, furniture, fixtuI'es, fUl'nishings and equipment shull not be taken into account; (b) lllortgage amortization puid by the Partnership shall be considered a deduction; (c) any amounts expended by the Partnership for cal,>ital improvements in excess of proceeds from loans to the Partnership made for the purpose of financing such construction shall be considered a deduction; (d) a l'eusonuble reserve determined by the Management Committee, shall be deducted to provide funds fOl' current opel'Utions, improvements or for any other reasonable contingencies of the Partnership; and (e) the excess cash proceeds derived fl'om any mortgage refinancing or sale of the pl'operty shall be included except that the excess pI'oceeds, if any, of any intel'im, tempol'al'y, construction or permanent financing sllall not be considered part of Net Cash Receipts until completion of all improvements to be constructed in connection with cUI'l'ying out the purposes of the Partnership. Section 1.11. Valuation of the Pnl'lnel'ship (a) For all purposes of this Agreement, the value of a Pat'tnel"s Interest shall be equal to the sum realized by multiplying the percelltage of said Partner's Interest times the fair mat'ket value of the Partnership as said fair mal'ket value is hel'einaftel' defined. (b) On January 1 of each year or within 30 days thel'eafter the Pal'tnel'S and all other parties in interest agree that they shall attempt to determine by mutual agreement the fair market value of the Partnership and that if a determination is reached, said value shall be set forth in a document containing the following language, which document to be effective will be signed by pel'sons representing at least 8596 of the intel'est in the Partnership whether said persons shall be partners 01' merely have the rights of an assignee as hereinafter defined: " . , "The fair market value of Woolbright Professional Center, a New Jel'sey Partnership, as of January 1 is $ " . This determination shall expire at such time as the Partners and other parties in intel'est enter into a new determination of valuation as aforesaid or in the failure to enter into such a new determination 6U days after a new determination should have been reached. In the event that the Partners and other parties in interest cannot reach a determination as to value by agreement as aforesaid within 60 days after the appropriate date as specified above, the prior determination shall be null and void and of no further force and effect and the fair market value of the Partnership shall be calculated in the manner set forth in 1.11 (c) when, as and if said valuation is required for any of the purposes of this Agreement. Notwithstanding anything to the contrary hereinbefore or hereinafter, no new valuation shall be effective unless any party whose interest in the PUl'tner~hip, whether said pal'ty be a Pal'tner,?r lllCl',c,ly h~v~ the right of an assignee as hereinafter defined, concurs in said valuation if at the time said valuation is set said party's interest is the interest which requh'es a valuation to be set so as to implement the"terms of the Agreement. MOl'eover, no change in valuation had been made pdor to the end of any calendar year without the unanimous consent of all parties in interest if a valuution had been made previously during that calendar year. ll') II' Illu vlllllUllpll l'll\jllll'll\l by 11111 lll'lIVlllllti 1'I'IIvltdPIIIl pI' Ildtl 1\1'l kltl 1.11 11Il~ oxpil'tld by IlH tOl'lIlH Illld 11 1I0W vllllllltloll is 1'0\11 II I'(\(I \.0 illlpl!!I"!',,1 Iho 1I'I'IIls and provisiolls of this Agl'eement ubsent un ugl'eclllcnt bctWCCII ull purties in intcl'cst, the vulue of the Pal'tnel'ship shull be dctcl'mined by three UPPl'UiSC1'S, ull to bc Illcmbcrs of the M.A.I. since the basic ussets of this PUl'tnership consist o[ reul pl'OpCl'ty, onc of said appl'aisel's to be appointed by the wilhdl'Uwing PUl'tner, 01' olher selling purty in interest, and/or his legal representative, one of said appraisers to be appointed by the Management Committee and the third appraiser to be appointed by the two appruisers appointed as first provided. Inasmuch as the Partnership is in essence a Partnership engaged in the ownership of real property the appraisel's are hereby dil'ected that the value of the Partnership shall be based on the fuir market value of lhe assels o[ the Partnership plus the cash held by the Partnership less all liabilities. A party having a right to designate an appraiser shall do so within 20 da.Ys after demand by any otl1cl' party having the right to require an appraiser. Each party shall pay the cost of their own apPl'aiser and shall share the cost of the third appraiser. (d) The valuation determined as aforesaid shall be determined the full agreed value of the partnership and all assets, both tangible and intangible, including but not limited to, good will as well as all liabilities, including mortgages, liens, notes, or any other encumbrances of any kind whatsoever, if any, upon the assets of the Partnership shall be deemed to have been considered in determining said value and devising the formula for determining said value, (e) Notwithstanding anything else in this Agreement to the contl'ary, all periods for acceptance of any offer to sell a Partnership Interest, or an assignee's interest hereunder, shall be tolled in the event that the last valuation certificate not effective on the date upon which value must be determined for the purposes of said offer and shall remain tolled until the alternative valuation pursuant to 1.11 (c) has been delcl'lnined and copy of said valuution is sel'vcd upon all pUl'ties in interest. ARTICLE II . , Prosecution of Projcct Section 2.01. Assignmcnt of Partncrship Concul'rently with the execution of this agl'ccmcnt, Joscph It. Jingoli will assign to the Partnership his contract to purchase the Property descl'ibed in Exhibit A. The Pal'tnership shall reimburse and Joseph R. Jingoli for any expenses incul'l'cd by them and shall pl'oceed to close title in accordancc with the agl'ccment of sule. All real estate transfer taxes and the premium [01' a standard Conn ownel,Js policy of title insurance shall be paid by the Partnership, and it shull pay all recording costs. Section 2.02. Insuwnce Appropriate insurance coverage with respect to public liability, property damage, pel'sonal injury, fire and casualty will be Pl'ocul'ed by the PUl'tnership and the premiullls therefore will be paid from the assets of the Partnel'ship. ARTICLE III Sources and Funds Section 3.01, Capital Contributions (a) Concurr~ntly with the execution of this agreement, each Partner shall contl'ibute cash as the initial capital of the Partncl'ship as follows: (b) Subject to the provisiOns of Section 3.02, the Purtncl's shull muke such additional capitul contributions, in amounts equul to the perccntulje theil' initiul capitul contributions beurs to the totul initial cupilal contributions, us may be l'e4ui('(~d from time to time to meet the obligations of the Partnel'ship. Section 3,02. Cash Advances to the Pal'tnel'ship Any Partner may loan funds to the Partnership in such amounts, at such times and upon such terms (which shall be no less favorable to the Partnership than those available fl'om third parties) as may be agreed upon by the Partners. Such advances shall be evidenced by notes of the Partnership executed by all the othel' Partnel's on behalf of the Partnership. Such notes shall be paid in full prior to any distribution of cash to the Partners in accordance with the provisions of Section 1.10. Such payments shall be applied first to interest and then to the reduction of principal. ARTICLE IV , , Limitations on Sale or othel' VoluntUl'Y Disposition Section 4,01 No Partner shall ussign, pledge, encumbel', sell, trunsfel', hypothecate in any manner subject to all or any portion of his or her intel'est except in the limited circumstance hereinafter set forth. (a) A Pal'tner may offer his 01' her interest to third parties subject to the following terms and conditions providing he or she receives a bona fide outside offer: Any bona fide offer by a third party pUl'chaser shall be served upon the Partnel'ship by sending copies to all Partners at their mailing addresses set forth above by United States Certified Mail and the Partnership without the vote of the withdrawing or selling Partner shall thereupon have the right of first refusal for 45 days after receipt of said notice to purchase the interest for sale either (i) on the same terms and price as set forth in said bona fide offer or (ii) for an amount equal to the vuluation of a Pal'tnel'ship interest as said interest is defined in Article 1.11 as of the end of the month preceding receipt of the offer. Notwithstanding the foregoing and irrespective of the terms of puyment set fOl'th in any bona fide outside offer, the Pal'tnership will use its best efforts to make an initial payment of 2096. The balance shall be payable commencing January 2 of the year following closing in a number o[ equal monthly installments so that the last payment will be 6U months after first payment, which purchase pl'ice shall be payable with interest equal to the maximum rate permitted as of the date of the mailing of the option offer as set forth in 4.01 (a) by the luws of the State of New Jersey or the prime rate being charged by the National State 13unl<, Elizabeth, New Jersey, whichevCl' is lower on the unpaid principal amount with each payment of interest and principal to be paid with each monthly installment. The first payment shall be made within 3U days after acceptance of the offer and the balance of the payments shall be evidenced by a negotiable promissory note in form and substance satisfactol'y to counsel [or the Partnership. (b), If the Partnership does not exercise its option under Subsection (a), the Partner giving notice shall send notices to all persons having any interest in the Partnership whether' said persons shall be partners or merely, ~ave )h~ rights of t .... assignee and each of said persons will have a 30 day period in which to agree to purchase the Interest so offered and in sending back notice of acceptance shall indicate (a) whether they wish to purchase; and (b) if they wish to purchase whether they will only.purchase /- their pl'O rata portion or are willing to purchase pl'O ruta uny portion of the intCl'est that does not respond within the 30 duy period shall be deemed to have declined to excrcise their option to pUI'chuse. Euch pUl'chuSCl' shall have the ('ight to elect his or her option as to the terms, amount of payment and provisions of payment to the sume extent as if the Partnel'ship had elected to purchase. If any Pal'tner purchases, the interest he or she purchases shall be deemed to increase his or her partnership interest. (c) If the Partnership does not exercise its option under Subsection (a), and if the other parties in interest do not exercise their option under Subscction (b) so as to buy all the interest offered, the Partner giving the notice shall be fl'ee fOl' 30 days to sell, transfer, or otherwise dispose of his 01' her Partnership Intel'est to the person or persons specified in the notice at the price specified and subject to tile terms contuined in the bonu fide outside offer. FUl'thermol'e, in the event that the Partnership and/or any other purchaser, when exercising his or her option to purchuse elects to purchase at a price lower than the price set in the bona fide offer, then and in that event the withdrawing Pm.tner or other party in interest shall have 30 days in which to withdl'UW his or her entire offer and continue on as a Partner or PUl'ty in intel'est as though the off 01' had not been made. Pursuant to n.s. 42:1-27, the assigncc of all or pm't of the Partnership Interest shall, however, not be entitled, during the continuance of the Pal'tnel'ship, to interfel'e in or have any voice in the management or administration of the Partnership business or affah's or require any infol'mation or account of Partnership transactions. The assignee shall mel'cly bc entitled to receive, in accordance with the terms of the assignment, the profits and shall shure in the losscs und shull be entitled to share in cash flow and distributions to which the assigner otherwise would be entitled to share in subject to all the rights herein set forth and shall also have such other special rights as set forth in the Agreement in respect of purchasillg additional intel'est which additional interest if purchased shall be subject to the sume limitations as set forth in the previous pl'ovisions of this Article 4.01 (c). An assignment or trunsfel' as aforesuid shall not terminate the Partnership. ~ Section 4.02 Notwithstanding anything to the contrary contained , hereinbefore, any Partner shall have the l'ight to assign all or any pOl'tion of its Partnership Interest to any member of his or her immediate family (immediate family being defined as wife/husband and/or children over the age of 18) or to a trust for the benefit of his or her minor children of which a member of his or her immediate family is the trustee. In the event of a transfer as aforesuid, the Partnel'ship or other Partners, or other parties in interest, shall have no right of first refusal but in respect of any subsequent disposition of said interests all the limitations on the transferability set forth in this Agreement including, without limitation, the rights of first refusal. Pursuant to R.S. 42:1-27 the assignee of all or part of the Partner's interest shall, however, except in the case of an assignment to a spouse whether by gift, conveyance or devise or otherwise, not be entitled during the continuance of the Partnership to interfere with or have any voice in the management or administl'ation of the Partnership transactions. The assignee shall mel'ely be entitled to receive in accol'dance with the terms of the assignment the profits a~d shall share in the losses and cash~low and, distributions to which the assigner would otherwise be entitled to share in subject to all the obligations of the assigner. The assigner, however, shall have all the other special rights given to a non-partner pursuant to'the terms of the Agreement. In the case of an assignment to a spouse, the spouse shall have the full rights of the assignel' to take part in all pUl'lnel'fohip uffuil's with u vole on u pl'O l'Ulu busis bused 011 1I1O l'especlivo pCl'cenlu(;o of oWllcl'ship ill tile purtncrship. AltTlCLE V Section 5.01. Cuuses of Dissolution The Partnership shull be dissolved in the event: (i) A majority of the Partnel's withdraw from the Par'tnership, whether or not in contravention of this agreement; (ii) A majority of the Par'tners shall file a voluntary petition in bankruptcy or are adjudicated a bankrupt or insolvent; (Hi) All of the property has been sold. Section 5.02. Dissolution (a) Upon dissolution of the Partnership by expiration of the term hel'eof, by opel'ation of law, by any provision of this ugreement, ,01' by agreement between the PartneI's, the Partnership's business shall be wound-up and all its assets distributed in liquidution. In such dissolution, Joseph H. Jingoli, Frunces W. Jingoli, Joseph IL Jingoli, Jr., Stacey A. Markowitz, Kimberly Jingoli and Michael Jingoli shull be co-liquidating Par'tners; in such event the co-liquidating Partners shall have equal 1'ights to wind up the PUl'tnership and shall cause its Propel'ty to be sold amI. distl'ibute the proceeds of sale as providcd in Subsection 5.02 (b). In a dissolution pursuant to Section 5.Ul, the liquidating Partner shall be as therein provided and such liquidating Partner shall have the right to wind up the Partnership and cause the Partnership's PI'opel'ty to be sold and distribute the proceeds of sale as provided in Subsection 5.U2 (b). (b) The proceeds from liquidation of the PUl'lnel'ship shull be applied in the following order of pl'iority: (i) Debts of the Partnership other than to Par'tners; (ii) Debts of the Partnership to Purtners; (iii) To all Partners in the same ratio as their capital contl'ibution, and afteI' all Pal'tnel's have their total capital contl'ibution returne<.l; (iv) To all Partners in pro rata amounts as set forth in Section 1.U4. . , f AItTICLE VI General Provisions Section 6,01. Notices All notices and other communications required or peI'mitted to be given or delivered hereunder shall be in writing and shall be given either personally or by mail, addressed to the PUl'tner intended at his or her address set forth below or such other address as he or she may designate by notice given to the other Partners in the manner aforesaid. Name of Partner J.oseph R. Jingoli Addl'ess 5 Twining Lane West Trenton, New Jersey 08628 Frances W. Jingoli 5 Twining Lane West Trenton, New Jel'sey 08628 Joseph R. Jingoli, Jr. 5 Twining Lane West Trenton, New Jersey 08628 Stacey A. Markowitz 45 Vibul'lTIun Court Lawrenceville, New Jersey 08648 - \J- Kimbel'ly Jingoli 5 Twining Lune Wcst Tl'clltOIl, New Jeysey lHW2B Micllucl J ingoli G Tw illillg Lunc West Trenton, New Jel'sey USl128 Section 6.02. SucceSSOl'S and Assigns All rights and duties of the pal'lies IIm'eunder shall inul'e to the benefit of and be binding upon their respective successors and assigns. Section 6.03. Governing Law This agreement and the rights of the parties hereunder shall be governed by the interpreted in accol'dance with the laws of the State of New Jersey. Section 6.04. Pl'evious Agreements This Agl'eement supel'sedcs all pl'evious ugl',eeIII cnts, wl'itten or vel'bul, of the Partners, with respect to the subject mattcr hereof. Section 6.05. Countel'pUl'ts The agreement may be executed in sevel'al counterpal'ts and all so executed shall constitute one agrcemcnt binding upon ull pUl'~ies hOl'cto, even though all the parties are not signatory to the original or the same counterpart. Section G.U6. Investment ltepl'esentution Each of the parties hereto repI'esent and warrant that they are acquiring theil' PUl'tnel'ship interest fOl. investment purposes und not with a view for sale or re-distribution and no transfer of any Partnership Intel'est will be permitted if said tl'ansfer would violate any applicable federal or state law or regulation. Section 6.07. Election Pursuant to Section 754 ~ In the event of the transfer or assignment of any intel'est in the . Pal'tnership, the Partnership shall file a timely election under Section 754 of the Internal Revenue Code of 1954, as amended to adjust the basis of the Partnership PI'operty. Said election shall be made in the manner requil'ed by Regulation 1.754-1 (b), as amended, and shall be filed with the Partnership return for the taxable year in which the transfel' of assignment is made. ARTICLE VII Death of a Partner Section 7.01 In the event of the death of a Partner, the Pal'tnership shall not be dissolved or terminated but, in any of such events, the interest of the Partner with respect to whom such event occurred shall pass to his legal representatives, heirs or beneficiaries, .and said legal representatives, heirs or beneficiaries, respectfully, but said assignee pursuant to R.S. 42:1-27 shall, however, not be entitled, during the continuance of the Partnership to interfere in or have any voice in the management or administration of 'the Partnership business or affair's ol;"'requil'c' any"information or account of Partnership transactions. Provided, however, if the heir is the spouse of the deceased partner, she or he shall accede to his or her l'ights of management as set forth in Paragraphs 1.07 and 4.02. The assignee shull merely be entitled to receive, in accordance with the terms of the assignment, the pI'ofits and shall ShUl'e in the losses to which the assignm' otherwise would be entitled to share in subject to all the obligations of the assignel'. The death of a Partner shall not terminate the Purtncrsllip. In tile .,111 . event of a death of a Partner, 01' other party in interest, however, the legal representatives, heirs or beneficial'ies shull have the right at any time within two years of the date of the death of the Partner or othel' party in interest to l'equire the Partnership to purchase the entire interest held by said legal repl'esentative, heirs or beneficiaries for an amount equal to the valuation of a Partnership Interest as detel'mined under Article on the date notice of exercise of this option is sel'ved upon the Partnership. Payment shall be made over a period of five years and the selling party shall receive during each calendar year 20% of the purchase price to be payable with intel'est equal to the maximum rate permitted as of the date of the mailing of the notice by the law of the State of New Jersey or the prime rate being charged by the National State Bank, Elizabeth, New Jersey, whichever is lower, on the unpaid principal amount, with each payment of intel'est and principal to be payable in ,quartel'ly installments. The first payment shall be made within 30 days after sending of the notice and the balance of the payments shall be evidenced by a negotiuble promissory note in form und substunce satisfactory to counsel for the Partnership. , , Scction 7.U2 In the cvent of the ballkl'uptcy 01' insolvcncy of any PUl'tner, or should any Partner commit any act of bankruptcy 01' take advantage of any bankruptcy, reol'ganization, composition or arrangement statute or should u PUl'tnel' become insane, then such Pal'tner ("Insolvent Party"), from and after said date shall cease to be a Partner or have any voice in the management of the Partnership and the Partnership shall not be dissolvcd or terminuted. PUl'suant to It-S. 42:1-27, the Insolvent Pal'ty, or his 01' her legal repl'esentutive, shull, however, not be entitled, during the continuance of the PUl'tnel'ship, to intel'fcl'e in or have any voice ill themallagelllcntol.administl.ation , of the Partnership business or affairs or requiI'e any infol'mation or account of PUl'tnel'ship tl'ansactions. The assignee shall mel'ely be entitled to receive, in accordance with the terms of the assignment, the profits and shall shal'e in the losses and cash flow and distl'ibutions to which the assigner otherwise would be entitled to share in subject to all the obligations of the assigner. Within 90 days aftel' any of the events set fOl'th in this Article 7.U2 takes place, the Partnership shall have the l'ight to purchase the Insolvent Party's Partncrship Interest for the same price as set forth in Article IV but valuation shall be set as of the month ending before the date of insolvency and all reference to an outside offer shall be ignored. Payment shall be made as set fOl.th in Article IV and the same terms and conditions, (i.e. the Pa1'tnel'ship can elect payout schedule e~tending up to 18 months after the first payment). ARTICLE VIlI Adjustment of Basis Section 8.01 In the event of a sale, assignment or other disposition (including condemnatic:;m or involuntary conversion) of the ,..Partnership .Property, any gain realized by the Partnership shall be allocated, fil'St to Joseph R. Jingoli, Frances W. Jingoli, Joseph R. Jingoli, Jr., Stacey A. Markowitz, Kimberly Jingoli and Michael 11-- ',0 .. Jill~oli, to thc cxtcnt of UIlY disPl'opol'tionutc wilhdruwuls Illude l>y thcIII; ulld, thcrctoforc, the bulunce of uny such guill shull be ullocuted umong the PU1'tllCl'S ill llCC01'uunce with thc pcrccntu(jcs of intcI'cst us sct forth hCl'cin. IN WlTN ESS WHEREOF, we huve hel'cunto set OUI' hands und seuls the day and year first above written. Signed, Sealed and DelivCl'ed in the presence of: ~. 4~ I !:/4 , ,':;I. - ""4L W4t'o d, Y1l01e. ,~ W.Ji~. 'd. (1!;fl'kJ- 'if:lJ;o ;;( ~fJ~'((~ V ~~1 ;1. YI-'!-L 'fi1 CJ. v/lt' L1 <? <.... --~ ~;~~--:- -----~~----:.--:-~ -_?~::;-.- ",,--- ~ ~O~Ph~R. Jingoii/~/'- ___./" ,/ // /y ..~ '- , --~-, c~, ~ ( ~:~7 9 P ~D~ ~~[~ .,"""\, '- '. I c'-..' ( - -'b~-~ si~CeY'A..MUl'I~~itz ( , . (/ (~,' (, r', -l{~\ > '. tr'\0J.\\) \ Killll>erly J lllgoll ~,. ~k;0. ~~ Michael Jingoli . , , .... . "" .... -' TO WHOM IT MAY CONCERN: This letter will serve as authorization for Kieran J. Kilday and Kilday and Associates to act as agent in all matters related to a request for a Land Use Amendment and Rezoning application for property described on attached Exhibit "A". Furthermore, Mr. Kilday and Kilday and Associates are authorized to agree on my (our) behalf to terms or conditions which may result as part of the approval process. Sincerely, JINGOLI FAMILY TRUST PARTNERSHIP /7 ,,/0'-7- '// -~,-::.:::::-:~...~:?'// . . "'C ~ ~H~~, ~;-OL~~~ Partner , ./ ' Contract Furchasers ST A TE OF: New Jersey COUNTY OF: Mercer I HEREBY CERTIFY that on this 19th day ,of August, 1987 before me personally appeared Joseph R. Jingoli to me known to be the person(s) described in and who executed the fore- going document. WITNESS my hand and official seal in the State and County the day . and year last aforesaid. (NOTARIAL SEAL) ~ (;(~Ld Notar Public State of: My Commission Expires: -- PHllLIt' L, SHEPHERD NOTARV PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES 9/2/91 ;. EXHIBIT "A" Parcel "D" as shown on Plat of Tenth Section, Palm Beach Leisureville, City of Boynton Beach, Florida, according to the Plat thereof, on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 30, Pages 129 through 1ij1. TO WHOM IT MAY CONCERN: This letter will serve as authorization for Kieran J. Kilday and Kilday and Associates to act as agent in all matters related to a request for a Land Use Amendment and Rezoning application for property described on attached Exhibit "A". ~~~~K<<R~OCR<<xxMRXX~XX~OCXX<<<<~X~XX~<<XX<<~~X*~~RR*~R~~x~R~x~~xRRR*~~~x ~~~~&&~~X~~X~~~~JX~~~~~X~~X~~~MKX~HXMKKKXKXMK~XWKX<<KXMX~X~HXM%X ~&X~~~X&~X~~X~~~~~~~X~~~~~KK~ Sincerely, 9~ d.,.~.f_ UJ~./ ,J.t.,;:: Title holder(s) STATE OF: COUNTY OF: I HEREBY CERTIFY that on this 2. V +tt.. day of A~~ be fore me personally appeared .:::J~ h. Y"\ C " c.,' 0(\ -E... to me known to be the person(s) described in and who executed the fore- going document. WITNESS my hand and official seal in the State and County the day (NOTARIAL SEAL) ",'\1111/11/ "",,\. ~N U; "~"'" ~' ~\."""'/;P-i ".., 2c- _' .,,:, \) TAR p..1-% - ~. \' .~ ' -. ..... :: :. -0:. :- = : : :. . . . , - . , ~ \ . !: -:., J" '..!, U B L \ ~", ~ ~ "",J lE'O..F"c\...'~ ~~""... '" \ \\\' 111'"1111\\\ 'he, 6~ Notary Public State of: My Commission Expires: (It\., '1 ( 1910 and year last aforesaid. EXHIBIT "A" Parcel "D" as shown on Plat of Tenth Section, Palm Beach Leisureville, City of Boynton Beach, Florida, according to the Plat thereof, on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 30, Pages 129 through 141. LAW OFFICES LEONARD & MORRISON 2810 EAST OAKLAND PARK BOULEVARD POST OFFICE BOX 11025 FORT LA.UDERDA.LE, FLORIDA. 33339 WILLIAM F, LEONARD RICHARD W, MORRISON WILLIAM ROBERT LEONARD CHARLES GLENN LEONARD TELEPHONE (305) 563 ,2671 NAPLES OFFICE 5051 CASTELLO ORIVE . SUITE 202 NAPLES. FLORIDA 335140 (613) 262-75100 August 24, 1987 RE: JCF PARTNERSHIP SALE TO JINGOLI TRUST TO WHOM IT MAY CONCERN: This letter shall verify that John Cicione is one of the partners of JCF Partnership. He has the authority to sign on behalf of said partnership. ~ ;/2n~r!~' f} Attorney for JCF Partnership JOSEPH JINGOLI & SON, INC. Contractors 3131 Princeton Pike Building #4, Suite 209 Lawrenceville, New Jersey 08648 (609) 896-3111 August 20, 1987 P. Steven Elliot Suite 400-B 1551 Forum Place West Palm Beach, Florida 33401 Re: Woolbright Road Property Dear Mr. Elliot: Please be informed that the managing partners for the Partnership - Woolbright Professional Center - is my wife, Frances, and myself. All documents relative to the above referenced property can be signed by either of the two managing partners. Yours very truly, ~y~?/-( '-'" ~~' ~ Joseph R. Jingoli ( JRJ/eo eo~. 1Io NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on Tuesday, October 13, 1987, at 7:30 P.M. at Commission Chambers, Pineland Plaza, 211 South Federal Highway, Boynton Beach, to consider a request for REZONING and LAND USE AMENDMENT covering the parcel of land described as follows: Leqal Description: Parcel "D", Plat of Tenth Section, Palm Beach Leisureville, city of Boynton Beach, Florida according to the Plat thereof, on file in the Office of the Circuit Court in and for Palm Beach County, Florida as recorded in Plat Book 30, Pages 129-141. APPLICANT: Jingoli Family Trust Partnership Kieran J. Kilday/Kilday & Associates AGENT: OWNER: J. C. F. Partnership PROJECT NAME: Woolbright Professional Center PROPOSED USE: Office/Professional Center LOCATION: Southwest Corner of the Intersection of Woolbright Road and L.W. D. D. E-4 Canal REQUEST: Rezone from R-IAA to C-l LAND USE AMENDMENT from - Moderate Density Residential to - Office/Commercial ALSO A PUBLIC HEARING will be held by the City Commission of the city of Boynton Beach on the above request on Tuesday, October 20th, 1987, at 8:00 p.m. or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearings in per- son or by attorney and be heard. Any person who decides to appeal any decision of the' Planning & Zoning Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BETTY S. BORONI, CITY CLERK CITY OF BOYNTON BEACH, FLORIDA BSB:mas PUBLISH: THE POST September 27, 1987 and October 4, 1987 a/rezone-a cc: City Commission City Attorney Joyce Costello Recording Secretary RECEI'lED SEP 1987 STATEMENT FU\f\I\j..;j DEer, We, JOHN CICIONE, CONSTANTINO CICIONE and FRANK CICIONE r being all of the partners of JCF Partnership, a Florida general partnership, hereby agree and state that anyone of us can bind the partnership. . ~. Partner LLL-L Constantino Cicione ~~- LAW OFFICES. LEONARD & MORRISON. FORT LAUDERDALE AND NAPLES ~ " \, 119816 aAllCO Foa.S:I ~I'IIIAa'l''' OleO ,.q~... CCAt>~....".c... Ij !i -, I' ,i ~ - I " c..:. U": ::- This Warranty Ittd "'0.1.. 0".1 ..x...'..IP<I rI... 3rd do" of December A, D, 1975 L" !3I:lY="TON W 2ST OEVEI ("l""1\1ENT CORP., t. .'orpl)rtIIHU: (",,'inq unJrr d~r lDuas.,1 Florida . and I.al-ing it. pnnt'ipal place 01 I".,,,..,,, 01 1820 S. W. Congress Blvd., Boynton Beach, Florida 1..,,,,,,,,,/,.,, "0/1...1 II... QMn'M. '0 J, C . F.. a Florida Pamership. ...1..,,,, ''''''01/..'.. 0./.1'.... is 1820 S. W. Congress'Blvd. ,Boynton Beach, Florida '''''''IJI(.(r..r a.rt..d "1' gran'C',,: "hu",..r ......4 ......,. taw ...... ....,.......... ... ......"...... ilw'" all .... ....tirI to ..... ...........t .. 1h4- M:' Itlilll" U'pu...",.....j'h ..... ..... ... .........h. aDd ,1M: ~ &ad .-i._ .. ~. lttitntsstth: Tl,o' ,I... !/Mn'or. fOt' ond in l'Onsid..ra'ion 01 ,I... .um 01 !l0. 00 and 0'''''' "01..,,1,1.. ,'o,,,i,I,'.ol.o,,., ...no;,.I u,I....<"O( i. h.....b" aclrnou.I,.JII..J, L" ,,,.... ".....n'" .I..... I1rant, Lar"ain, ..II, ali..", ...m;..', r..l..os... ,'o","'~' ond l"On(irm unla '''I' I1ran'..... all ,1.0' Nrlain lan.l .ilua'. In Palm Beach C f.}uuh" Florida. I'.:: Parcel "0" as shown on Plat of Tenth Section, Palm Beach Leisureville, City of Boynton Reach. Florida. according to the Plat thereof. on file in the office of the Clerk of the Circuit Court in and for Palm Beach County. Flor i da. as recorded in Plat Book 30. Pages 129 through 141, J SCBJFCT TO easements. reservations and restrictions of record. and taxes subsequent to 1975, F'" (ji~,.\ ,-,'"'-, OOSCLUIMfRJlTi}fX ~ \,',.:_~'. FLOR ID 1\ I .X ::: \f'~:-9'1SI ~:~ I~ 22, C 01 ~_:~ .hi~:n. . II!::~ ll'rr" 011 ,1", "'"pm..nl.. ',pnoditam...... a"d oppur','"o,,(,P. ,h.,plo !,..lo!lging 0' 'n on,- 'f ,. " , .;.. ~ :; I 7'':" ~ :. ;0 Togdher I. wiSf" npp(>rraining. To lIa..t and !D ItDld, rI,p sam.. in I..,. simpl., '0,.,'"'' Rnd 11... ",o,,'or l.pr..l.v ('o.'.'..anl. u'i'1. .aid 11'0"'''. ,1.01 it i. lau.lull~ seiud of laid /qnd in I.. .impl.,; 1/,01 il ;.0' (l00Hl ri"l;, 0".1 lau.f,,1 au'''o,it" 10 .../1 0".1 ('onl'"'' .aid lond; '''01 i' ".r.L" full)/ WCU" r.wls II,.. till.. 'a .aid land allll wi/l .I,,(,'nd ,I... so"',, I",pi..., 11... la/l'(ul daim. 01 0/1 p.nan. W"OMlo.,''''; am: "'01 said land i. (r.... o( all ,.,,('umb.an(',.. ~; <::> STATE OF FLORIDA I , "'. ~.~ C> pOC_ll,ME~JA!rr "".,';i>~TAMP T A X I , '\"" " ", .'.. "" O,EFr (l~ ~EV[l"UE . '" "-' ,...-, , ,',.,..()~....~:':,' ...,'-(' .',': ,',.".,~ '~\' {~ f:; ~B ..: MC"'15 " '.' ;f}::' 6 O. 0 0 I ....., _ _ .'>tJ .: 1(''::;-~. _ ..:~"':...::__ __.. __ f ;~":~afQju..~~ 5~) ~ In li'itntSS IthtrtDf rI.I' g,a,,'ar 1.0. ('Qus.d '''..01 p'....n'. 'A ,;. ," :. , J' "\ ,... .......-",.,.1 i" iI. nom., and i,. ('o.PO....,. ...01 10 !,.. ".,.,un'o offi""eI, 1,)/ u. ~ '. ~ . '. :.",;':.ff- / iZ"':"" of/".... ,I...r.."..Io eI"lv a"I',o,i%..J, ",p ,Iav a"d y.a, (i,st 01,0.'" u.rill..n .~ ~I~pr.1.{fgfc in~~~~'~" BOYN,TON WEST..D.EY.ELQP.M.El'lT..CQR 5i(l",'d, <p"f"d 0",1 ,1..li.". cI il' I'... ,,"'<P..('p of: n_ Ji &. Z~~~~~~ R''FWEa'mpaneJll SHTF, Of FLORIDA } con;')'\' or PALM BEACH I HERE"" CI:RTlfY .h.. un Ihi.. day. twill", 11\f'. an aUie", dul, au.hnri.t'd i. the St.le- and Coun., .fon'~id tn taM at"nowlcdlll.-IUI, ...'....n.all... .ppc"aff'd JOSEPH CAMPANELLI and FRANK CICIONE ",..II hUWl-Ii! .H' me ...... be- 1M 1"l'ljdf-nt and Asst. Secretary "'P"'.i~ly of 1M corpora'ieo ....... "rutor ,. ,h. ~;;.~: '~.od ,ha< ...., .......n, ..kn.wl,d.... ''''.''.' ,... .."'" i. .he ......". 01 'wO ,."",ib... w;'_' ,...1, ond .-..l..'"", U~~lJr:,.)'.I~!~,:~~.~.. .ht-~ "" !o&ld .cu,por..ion ..d ,hat th.. ....1 &t1i~. dH'~to i. 1M tOM corpuralt> .aI crt ..id corporation. ,~"'TS", .., ~1o(I .110<;0' ...1 ,. ,h, C".n" ond 5'0" 100. .'.....,d .hoo....3'c.P 010, ,,' December, A, D. 1975 ,.~/, ,:' " ",,\~~y '~..'h'~i:~ : \~f,.,~. .. .;~~~': i :..i::l ;":.. .: ;&11 l"iitlni,1i,),d'piw,1 kl': I'. " ,.,1 H.' .,..' ,1.ItfIl;Jj"n-''l".,~tA''''''C''T \'/'- ; Gf..;!-~ t;' I,T ,~. t. : I -'.W P. O. UI'4.........'~ i,J BOYNTO.... ULt\Ctl. fLCHICA 3.J"'~:' iUii~485 'A~E1856 ~ ~~~~ i No'c;.q' Fu":, S'.,'" of n::,;'ll of lar;]8 ...... II . . ... Mr C.."m',; o. [.;-'.,. A~d 14, 1179 ........ ~ .. ,dod br """",on 'or. . (;a..oI" c.. .... .... ..... .. ... .. .... ... ...1& .... ,.,~ I) flY I EXHIBIT "An Parcel "D" as shown on Plat of Tenth Section, Palm Beach Leisureville, City of Boynton Beach, Florida, according to the Plat thereof, on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as recorded in Plat Book 30, Pages 129 through 141. GoVEfu\MENTAL CENTER -, FLOOR 301 NORm OUVE A. WEST PALM BEACH, ~RID~ 34<01 Ta: (4,07) 355-2869 FAX: 4()7) 355-3963 / I i ~ . GARY R. NU{OLlTS, CF A PALM BEACH CoUNTY PROPERTY .APPRAISER ~,- .) MEMORANDUM BILLING TO: JOHN E. ELANDER TELEPHONE: (407) 220-1173 FROM: PALM BEACH COUNTY PROPERTY APPRAISER, CUSTOMER SUPPORT DATE: 8-11-94 LISTED BELOW ARE CHARGES FOR DATA PROCESSING COSTS ASSOCIATED WITH THE PRODUCTION OF YOUR REQUEST. PLEASE MAKE YOUR CHECK PAYABLE TO: PALM BEACH COUNTY PROPERTY APPRAISER. ISS COST SUMMARY: HOURS $ $ $ 15.09 APPLICATIONS/DEV. SERVICES @ $40/HOUR: COMPUTER TIME @ $.58/PER SECOND: SECONDS PRINT LINES @ $1.01/THOUSAND LINES: 821 LINES .83 TAPE INPUT/OUTPUT @ $3.39/PER THOUSAND: I/O $ OTHER CHARGES: 209 $ $ $ 19.00 LABELS: @ $4.95/PER THOUSAND 1.03 TAX ROLLS TOTAL AMOUNT DUE: $ 35.95 I CERTIFY THAT I HAVE CALCULATED THE MEMORANDUM BILLING AND TO THE BEST OF MY KNOWLEDGE IT IS A TRUE AND CORRECT RENDERING OF COSTS INCURRED BY THIS OFFICE. SIGNED: Ui}~ cor&l~ln DATE: 8-11-94 MB 3/94 E/R AUTH GLADES AREA OFfiCE 2976 STATE ROAD 15 Bt:LLE GLADE, FL 33430 TEL: (407) 996-4890 FAX: (407) 996-1661 NORTH COUNTY OFfiCE 3188 PGA BLVD, PALM BEACH GARDENS, FL 33410 TEL: (407) 624-6522 FAX: (407)775-5617 ROYAL PALM BEACH OFFICE 1030 ROYAL PALM BEACH BLVD, ROYAL PALM BEACH, FL 33411 TEL: (407) 798-11':>9 FAX: (407) 795-2389 SOUTH COUNTY OFfiCE 501 S, CONGRESS AVE. DFLRAY BEACH, FL 33445 TEL: (407) 276-1250 FAX: (407) 276-1278 ; ~' -" ~ . ... ~ - ~ PROPERTY OWNER REQUEST LIST .....................................-..........-................ .Lj ()') '"'\ 't- DATE REQUESTED f f RADIUS -' I " NAME ~~~ ~ FIRM , PHONE ~~I~~1~, DATE 8 / 'Of qf DEPUTY- J "..~' '...,' ... ............................................................... CTY RNG TWP SEe UB BLK LOT CONDO Og r43 15 ~'1 I}( ()5q (YJ I() -tn r' Of 40 ./ 0<)( eL.t ~ .Lf5 ~Cf ~L aJCJ A_..._ ,/ ill' } 0(":' ,to 3 45 l1d o~ 0(3 ('0 I (] [. 1'hY'V . ,- () \00 / Cfl4 cole tn'r( , I ( ,) ,- ~o / OR..!:) O/d.C ./ (\'/' L.f-~. J;' .... -~, Gc;, 084 Tft( "-.-.' \ j - I' -- r .'.-; fhYl O~;( /' oL/ J~4 ()Occ /' J~~ )!-uo ./ , , ." - - '- ------ - ~--~~-- ..._. ---------- " ~~_. ~ ) PROPERTY OWNER REQUEST LIST .........................................-....................... DATE REQUESTED / / RADIUS NAME FIRM PHONE EXT. DEPUTY DATE / / ............................................................... c:rY RNG TWP SEC UB BLK LOT CONDO O<g' 43 II~ ,~;2 J4- ~ (J:X)~ D/ \-J Im~, ro/U .......- "'- 08 1'-f2J 45 oQ 11/ &1'"'1 ~ J),1 DJ1MLY \ \ ' I t1A.<J/;;C, ~11J.,u " (J/ - ----- ~OhN G. GLANOER NEW YORK L19S6 (516) 734-6619 EXPERT WITNESS New York State Supreme Court New York State Court of Claims Town Board of Riverhead, N. Y. Town Board of Brookhaven, N, Y. Board of Appeals, Town of Southampton, N. y, REAL ESTATE 8ROKER SENIOR MEM8ER, COLUM81A SOCIETY OF REAL EST ATE APPRAISERS, INC. MEM8ER, POOL OF REAL PROPERTY APPRAISERS COUNTY OF SUFFOLK REAL ESTATE APPRAISALS Over ten million dollars in volume of real estate appraisals in Suffolk County of Industrial- Residential and Commercial properties. HOUSE HUNTING MAGAZINE Originator and Publisher of House Hunting Magazine - distributed by the American News Co. in the New York Metropolitan Area. .. plus publication of many community magazines and brochures. SENIOR ACCOUNT EXECUTI VE The Heq,rst Corporation, Street & Smith Publishing, Conde Nast Pub- lications, Ziff-Davis Publishing Co., New York City. ADVERTISING MANAGER NATJONAL PU8LICATION MARKETING DIRECTOR ACCOUNT EXECUTIV5 Major Advertising Agency - New York City [JUALIFICATIONS__ JOSEPH R. JINGOLI 54 Wilson Road Lambertville, New Jersey 08530 September 30, 1994 CITY OF BOYNTON BEACH 100 East Boynton Beach Blvd. P. O. BOA 310 Boynton Beach, Florida 33425-0310 Attention: Michael W. Rumpf Senior City Planner Comprehensive Planning Division Re: Rezoning Application Woolbright Professional Center Palm Beach Leisureville, 10th Sec Parcel D Prop. Ctl. No. 08-43-45-32-04-126-0000 Dear Mr. Rumpf: Enclosed please find my check in the amount of $1,000.00 for the rezoning application fee for the above referenced 2.6 acre parcel as discussed with our representative Mr. John Glander. Very truly yours, ~ .--'7 \ ~. ,Y~7[ enclosure cc: John G. Glander 00 fEDWm :3 199:1 m 94-001 fJne City of 'Boynton 'Beacli 100 'E" tJJoynton tJJeadi 'Boulevartf I P,o. tJJoi(310 tJJoynton tJJeadi, ~foritfa 33425-0310 City:Jfa[[: (407) 375-6000 ~JifX: (407) 375-6090 November 21, 1994 Joseph R. Jingoli 54 Wilson Road Lambertville, New Jersey 08530 Re: Rezoning Application Fee Dear Mr. Jingoli: Enclosed is receipt number 10601 to show receipt of your check number 3934 for $1,000.00 for the rezoning apllication fee. Sincerely, Pat Berger, Clerk enclosure .9LmerUa s (jateway to the (jutfstream JOSEPH R. JINGOLI 54 Wilson Road Lambertville, New Jersey 08530 September 3D, 1994 CITY OF BOYNTON BEACH 100 East Boynton Beach Blvd. P. C. Box 310 Boynton Beach, Florida 33425-0310 Attention: Michael W. Rumpf Senior City Planner Comprehensive Planning Division Re: Rezoning Application Woolbright Professional Center Palm Beach Leisureville, 10th Sec Parcel D Prop. Ctl. No. 08-43-45-32-04-126-0000 Dear Mr. Rumpf: Enclosed please find my check in the amount of $1,000.00 for the rezoning application fee for the above referenced 2.6 acre parcel as discussed with our representative Mr. John Glander. Very truly yours, ~-'- ~/? '--:;:>.- ( ,'..:::-:::...,',.... /'./,. ,/' ,._--~ , Josep:~.~ enclosure cc: John G. Glander OCT 3 1991 @ Kilday & Associates Landscape Architects / Planners 1551 Forum Place Building 100 West Palm Beach, Florida 33401 (305) 689-5522 SEP 28 1981 PLANNll\~G DEPT. City of Boynton Beach Planning Department /: O. LJox 3/eJ (}oy"..rh~ &..ge1 /"~ 33435' DATE 9-24-87 PROJECT NAME Woolbright Professional Center ATT Mr. Jim Golden PROJECT NUMBER fi 34. 1 WE TRANSM IT: ~ HEREWITH D UNDER SEPARATE COVER VIA THE FOllOWING: D PRINTS 0 SPECIFICATIONS D ADDENDUM DTRACINGSISEPIAS D SUBMITTALS 0 CHANGE ORDER o SHOP DRAWINGS ~COPY OF LETTER 0 THIS IS TRANSMITTED TO YOU: ACTION CODE: o FOR APPROVAL 0 FOR REVIEW & COMMENT o FOR YOUR USE ~ AS REOUESTED A REVIEWED B NOT REVIEWED C REVIEWED & NOTED o RESUBMIT E DO NOT RESUBMIT F RESUBMIT FOR FILES NO OF DATE DRAWING DESCRIPTION/REMARKS ACTION COPIES OR ITEM NO CODE Pursuant to your request please find attached a statement from all (3) partners of the JCF Partnership allowing anyone of the individuals to sign on behalf of the partnership. Please call me if you have any questions or require furthEr> information. Thank you. IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE, COPiES TO WITH ENCLOSURE D D D D D FILE CODE SHOP DRAWING DIV 8<"",0 ~c(J~~ - Lindsey . Walter Kilday & Associates Landscape Architects / Planners 1551 Forum Place Suite 100A West Palm Beach, Florida 33401 (305) 689-5522 JUSTIFICATION STATEMENT FOR WOOLBRIGHT PROFESSIONAL CENTER The petitioner is request1ny a rezoning of a ~arcel of property from RlAA to C-l. This property is a vacant tract of land which at one time had been part of the Leisureville project. The Leisureville project is alsq zoned R1AA. However, Leisureville is also a Planned Unit Development which was built many years ago. Current regulations would not allow the development of this site using the same standards as Leisureville. Specifically, the current regulations require the development of lots with a minimum area of 8,000 square feet. This lot size is larger than the single family lots existing in Leisureville. There is also some question as to the appropriateness of the existing Leisureville access to this property. Due to the increased traffic on Woolbright Road, a major arterial, and the small size of this parcel of property a marketable single family development would be very difficult to create. In addition, the Comprehensive Plan designates this property as Moderate Density allowing for up to 7.26 units per acre. The allowable eighteen units which could be achieved in this density category would require the development of multifamily housing on the site, Due to the single family nature of surrounding developments, it is felt that a multifamily project would probably not be compatible. The proposal submitted by the petitioner will allow for the development of the site for a Professional Office Complex. Simultaneously the site plan has been submitted to allow for the construction of a single story building on the site. This zoning is consistent with both the C-l zoning which exists to the East and North of the Site. This commercial use of the property allows for the least intense commercial use of the land. Professional offices tend to only be open during the daylight hours and closed on weekends making them good neighbors to residential developments. In this particular case the site plan created has been careful to orient the project away from the residences and to Woolbright Professional Center Justification Statement Page 2 provide a suitable landscape buffer. Access to the site will only be from Woolbright Road, thereby, having no effect on adjacent residential streets.