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BOARD OF ADJUSTMENT M E M 0 RAN DUM TO: See Below DATE: April 9, 1990 FROM: Sue Kruse City Clerk RE: Board of Adjustment v-Case #143 The notice of public hearing for the Board of Adjustment meeting mailed on March 21 to Affordable Home Development Corporation, the applicant in case #143, at 323 North Federal Highway, Boynton Beach, was returned on April 4. A copy of the envelope is attached as noted by the postal authorities. Following this, I called the applicant at 732-7034 and left a message on their answering machine. No response was received, but I left a message every day and continued to do this daily thru today, April 9. On April 5, I personally went to 323 North Federal Highway. It con- sists of a building containing approximately six offices. I found two occupied and both, an attorney's office and air conditioning company, did not know Affordable Home Development Corp. or Al Hope, the appli- cant. None of the offices were identified with either name. I then checked with our Occupational License Department. No license was issued to this company or in the applicant's name. I did obtain the name of the owner of the property, Elizabeth Gill and called her at 737-4273 and she had no tenant by the name of Affordable Home Development Corp. or Al Hope. I must report if this applicant is not present at the meeting tonight, it is evidently because the notice was not delivered, but every possible means was exploited in an attempt to accomplish this. ~J~ ue Kruse Attachment cc: R. Eney T. Newton H. Solomon v. Thompson B. Uleck J. Miriana H. Fox P. Tompson A. Newbold //,7 / dJ" J / CA t! ~t t2,.tci:".>J t17<:..,' /C:a_.L~ 7d8 ~a?c:J ;y......... ~ ~~- -,:,,- .~~. .... . . t 'f. 'I' :.... ~.~ . ;\ ' . . - . . I ','""'\ \ \\ \ \'.1; . . '.., \ 1 ,".., ~. } ~ .' ;;; ~, r , " ~ - V.', ..., /:.,}" '~.--~':~ /'~ ." '..... ....- ...:: '..- ....;) ~~.... _c~, ~~;.., ~~ '~ ! Q) ~ It''\ [ 1 ~ -+ ~ .::? ~ . ;> p:: '.~ ~ ~ ~t~ ~ ~ O\Q) (.) ~ ;:1:: ~.~ ~ l!l ~. ~ ~ ~ ~~\,l=l ro ~"'o ~~ ~~:~" ~ NO. ~ C""l ~ ... ci ~ 4: co 0 ?5 :I: 020 u:'!( U ~ 0 (~ ~ u.. M f6 ~ 5~ ~goi1j~ :r:~ Z -- co M t--a >- M Z u.CO a ~ Q Ou.. ~ co ~ LJ/Q W . >- ~~ 8 ~ ~ ou- I '. / .. \,\ ~,. .~:) .-, '.,.a eo, . . , .~- .. . . , '.... -. _.,' ~; ", /. /'" . .:f' .&;;: -! .. " . :<\\ .~ \ ~ ..... '." . ..... .... '~ ,'\.' :~. ;;.\ \~, () '\.... r:-. '? \', ",0' .:. . ~ ~ 'l"'. .. ., . ...",'""1". .~. \ " c,,' ',. -- -- ----_..~ TO: Board of Adjustment Members REFERENCE: City of Boynton Beach Staff Staff Site Analysis - Board of Adjustment FROM: CASE NO. & ADDRESS: *143 816 N.W. 6th Avenue CURRENT ZONING: April 9, 1990 R-1AA MEETING DATE: DESCRIPTION OF PROPERTY: LAUREL HILLS, Lot 221 OWNED BY: Affordable Home Development Corp. VARIANCE REQUESTED: Lot area & lot frontage FACTS: 1. This site is presently zoned R-1AA and was formerly zoned R-1. 2. It was platted in 1951, 55' x 114.68', with a 5' easement, for an approximate 6,270 square feet of lot area. 3. R-1AA zoning requires a frontage of 75' and a lot area of 7,500 square feet (see Appendix A-Zoning, section 5.C.2). 4. Based on item #3 above, two variances (lot area and frontage) would be needed to construct a detached single family dwelling since this property does not meet the criteria in Appendix A- Zoning, Section 11.1.C.3. 5. There presently is a structure on lot 222 and there is no lot 220 in this subdivision. bh XC: City Manager City Attorney City Clerk City Planner Recording Secretary Members - Board of Adjustment FACTS143.DOC ~ M E M 0 RAN DUM TO: SEE BELOW DATE: March 20, 1990 RE: Board of Adjustment ~:e~th Ave. Forwarded herwith are the following copies of documents regarding subject petition. Sue Kruse city Clerk FROM: Application with statement of special conditions Contract for sale and purchase Survey dated 1/4/90 (and drawing, attachment #3) Notice of Hearing as advertised Notice sent to Property Owners within 400' List of property Owners within 400' with map 4//~1~ mas Attachments cc: R. Eney P. Tompson T. Newton H. Solomon v. Thompson B. Uleck J. Miriana J. Fishman H. Fox i~.'!'i;~~.li.~AA~'~}'tit), ~,CP", . /\:"V--' f/s)'~(' f; n'l N 1.')1,' '9 t ~~~ ,...)~''''j\:i ...9',. ~' ( ! 'I.. ! , 11':';' ,->' Iit'Lf hF~} ,~, " 11... ...\ ~ l..l . C'" 9] MAR 2 2 1990 ~ f~'; ~~ "'1'1 "I"'G ;'-- ~ tHo 1...IJ.'l\ <,,,~ '.. ,,,I VI' \ 0)> GCf'IG'i\1 ~,~ / fr./ "/' 1-j.' "",~' ,{ '/" ....,;;: )/...,. Uv ~)EP.\~\\, '(.' (\ "- Cv 7Tl~~(0::/ -- -- ~DLaaline !c~ SUDD~ttal: ) weeks berore ~eetLng ca[~1 DATE: BOARD OF ADJUSTMENT APPLICATION )' / \./'/~} (:. , The undersigned owner(s) hereby respectfully petition(s) the Board of Adjustment .to grant to petitioner(s) a special exception or varia~ce to the existing Zoning Code of said City pertaining to the property here~nafter described; and in support thereof state(s): . . -...... --..~-' .... ," l. Property involved is described as follows: Lot(s) 2..~ I Block Subdivision L tAl ~ \--e... \ \~ \ \ \ S Plat Book 23 , Page \~3 , or otherwise described as follows: Property Address 816 N.W. 6th Avenue 2. Property is presently zoned: _~ - i A A Formerly zoned: ~ 3. Denial was made upon existing zoning requirements (l~st se~tion(s) of Co from which re~ief is required: . Appendix A-Zoning, Sec. 5.C.2. Building & Site Regulations. 4. Nature of exception or variance required ,The above section of the cod4 requires a lot area of 7,500 sq.ft.' (platted before 197~~ & ~rontage of 75 ft The applicant's site has 6 270 sq ft. area & 55 ~t. ~rQntage; tnerefore. a Var~ance of 1.z3U sq. ft. ot lot area & 20 ft. OI tronrage is r~uired to construct a single family dwelling. S~a~e en~ of spec~al cond~t~ons, hardsh~ps or reasons justifying the requested exception or variance (please respond to the six (6) questions as outlined on the attached sheet [a-f]). ~e.e. o..+la...~""^~,,+ i Certified spot survey (not more than six (6) months old) is required, with all setbacks and dimensions. Also, a 'location map. S~Q.. D..~YV\e..t\{'2.. . . Proposed improvement (attach site development sket~h):'$~~ ~~~~~+ 3 5. 6. 7. 8. Certified, list of names and post office addresses of property owners and legal descriptions of their property within 400 feet of subject property, as recorded in the County Courthouse. Such list shall be accompanied by an affidavit (see attached) stating that to the best of th~lap'plicant's knowledge,said list is complete and accurate. 5e.e. Q. ~ W\e..f'lt Lt . Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. If agent submitting petition, notarized co of latter desi natin him as such must accom an etition. Se.e-do t\.~ """,Q<t\ .5 Application fee in the amount of $2,75.00, payable to the City of Boynton Beach, must accompany this petition. ~ o.lJe- l-Io"".. '1:,...,Jo t> ~ Gu.. f' \ ,., o , . 9. 10. 11.. Name 12:! Name of applicant: Applicant's address: . I Date: ~~ \9c Date: 3/9/90 13. Case /I 143 April 9, 1990 Meeting Date: ---------------------------------------------------------------------------- TO BE FILLED OUT BY BOARD: "I' BOARD OF ADJUSTMENT ACTION: APproved~ Denied Stipulations Aye ~ Nay ~ Signed: Rev. 9/28/87 ....., .. -.---... ...."r,.1-....."7":::?.~.~..:----'--...--..+.-- .-...----.----. _____ -. .. _..~.__-- .- -- Board of Adjustment Please answer below listed questions (a - f) on.a separate sheet. " a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district; b. That the special conditions and circumstances do not result from the actions of the applicant; c. That granting the ~ariance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings, or structures in the same zoning district; d. That litera~'interpretation of the prov~s~ons of this chapter would deprive the applicant of rights commonly enjoyed by other .properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; e. That the variance granted is the m~n~mum variance that will make possible the reasonable use of the land, building, or structure; f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. .... ....... '--"-r.~,';r.--..or-,"'~"'':' .. :,"r~.,:.,..,~_.... __ r-----.............;or- RESPONSE TO NUMBER SA through F SA: The special conditions and circumstances that exist which are peculiar to the land (lot) involved that are not applicable to other land in the same zoning district are as follows: Lot 221. Laurel Hills subdivision is located in an R-1AA zoning district that requires lota for single family dwellings to have. frontage of not less than 60 feet and lot area of not less than 6,750 feet. Lot 221 has 55 foot frontage and total lot area of 6,270 square feet. 5B: The special conditions and circumstances specified in SA did not result from the actions of the applicant. The applicant submitted a contract for sale and purchase of lot 221 to Mr. Henry Hendel on December 21, 1989. At the time the contract was submitted, Lot ZZl was one whole platted lot with dimensions of 55 feet by 114 feet with total lot area of 6,270 square feet. The applicant had nothing to do with the platting of the lot and therefore did not create the special circumstances and conditions outlined in SA above. 5C: Granting of the variance requested will not confer on the applicant any special privilege that is denied by the zoning ordinance speci- fied in number 3 of this application. The granting of the variance requested will only allow for the construction of a three bedroom, 2 bath family dwelling which is consistent with the other property in this R-lAA zoning district. 5D: The literal interpretation of the provisions of this chapter will deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. The applicant has expended funds for a 'building permit application, architectural plans, survey. soil test, and an earnest money deposit for lot purchase. These funds are at risk and would be lost causing undue hardship to the applicant. SE: The variance granted is the minimum variance that will make possible the reasonable use of the land. The variance granted would allow 5 feet less than required for frontage and 480 square feet less than required for total lot area square footage for building a single-family dwelling_ these allow- ances represent the minimum variance that will make possible the \\ /1 r . , 'I /:. I. r';r- I I .-i,1-"! ,L ~ 1 ,) .. i! ..,1 , reasonable use of the land by the applicant. SF: Granting of the variance will be in harmony with the general intent and purpose of this chapter and the variance will not be injurious to the area involved or otherwise deterimental to the public welfare. The applicant is constructing a single family home on the lot described herein. Construction of the home will increase the city's available housing stock and generate increased property tax revenue. The construction of the house is consistent with the comprehensive land use plan that calls for the city to encourage the development of 4,920 housing units by the year 1992. The grant- ing of the variance will be beneficial to the public welfare. '..'/ . I ~ ~ I ~ .~(;{/I,,:t!"li I PARTIE8: lfF".I""RY HF.Nl) F.T .I5o'Ilt> 01 ,Poone AFFORDABLE HOME DEVELOPMENT CORPORATION d 412 TALL PINKe; ROAD, WEST PAlM BEACH (PhOne hereby agree It\aI the Seller shan setl and Buyer shall txJy the following real property ("Real PYoperty') and personal property C'Personalty") (COllectively 'Property") upon the '04101 tllfms and condltl:Jns wNCh INCLUDE the Standards for Real Estate TransactIOns ponted on the reverse or altached ("'Standard(sn and any addendum to thiS .nstrument. and .l'~ I. DESCRIPTlOH: (al Legal description of Real f'mperty located In , PAlM BEACH Coonty. Florida: I..PW.EI HIT T ') 5th WI:) Lor 221 FB 23 F 183 (bl Street addresa, CIty, zip. 01 tile Property ie: N tJ ftth AVF.NITF. JV)YN'T'ON Rr.H. J FT (c) ~ty. . J u. PURCHASE PRICE.......:...... ... ...................:......... .............. PAYMENT: (al Oeposrt(s) to be held in escrow by (b) Subject to AND assumption 01 mortgage in good standing in fallOr 01 .... $ 12.500.00 H.L. RICHARDSON REALlY In the amount of $ 1,000.00 N/A having an approximate present principal balance of $ (c) Purchase money mortgage and mortgage note bearing annual interest at N I A % on terms :let lorth here.n. .n amount 01 . $ (d) OIlier: SEE ADDENDUM FOR FINANCING . $ (e) Balance to Close (u.s. cash. LOCAllY DRAWN certified or cashier's check). subject to adjustments and prorations $ 11 . 500 .00 III. nME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delillered to all partlElS OR FACT OF EXECUTION communicated in writing bet_en the pari on or before 17-21-89 , the deposit(s) will. at Buyer's option, be returned to Buyer and the oller wtlhdra. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this oller. IV. fINANCING: (allf the purchase price or arry part of it is to be financed by a third party loan. this Contract for Sale and Purchase ('.Contract") is conditioned on the Bu: obtaining a wrilten comrMment for the loan within days from Elfective Date, at an initial interest rate not to exceed %; term of yoe and in the principal amount of $ . Buyer will make application within days 'rom Effective Date, and use reasonable diligence to obtain the loan cc mitment and. thereaftE!l'. to meet the terms and conditions of the commitment and to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the loan commitment a promptly notifies Seller in writing, or aftE!l' diligent ellorl fails to meet the terms and conditions of the commitment or to waive Buyer's rights under this subparagraph within the ti stated for obtaining the commllment, then either party may cancel the Contract and Buyer shall be refunded the deposit(s). (b) The existing mortgage described in Paragraph U(b) above has (CHECK (1) OR (2)): (1) 0 a variable interest H,~.oR (2) 0 a fixed interest rate of N / A % AAI'/iinm At time of title transfE!l' some fixed interest rates are subject to increase. If increased, the rate shall not exceed Nt A % per annum. Seller shall, wilhin 1'1, ft days from Effeclive Dale. furnish a statement from all mortgagees stating principal balances. melhod 01 paymenl. interest rate and status of mortgages. If Buyer has agreed to assu a mortgage which reQUIteS approval of Buyer by the mortgagee Jor assumption. then Buyer shall R"?fl1Ptly obtain all reQUired applications and will diligently complete and return th to the mortgagee. """ mortgagee charge(s) not to exceed $ N _A shall be paid by NLA- (il not filled in. equally divided). II the Buyer is not accept by mortgagee or the ~ lor assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount. Seller Buyer may rescind this Contract ~y,..P'O"lPl written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges. V, nnE EVlDENCE: At least U- days before closing date. Seller shall. at Seller's expense. deliver to Buyer or Buyer's altorney. in accordance with Standard A, (Check or (2)): (1) 0 abstract of title OR (2)lXIlitle insurance commitment. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing PTers delivered on 1-1'P-QO , unless extended by other provisions of Contre VII, RESTRICTIONS; EASEMENTS; UMITATIONS: Buyer shall take title subject 10: zoning, reslrictions, prohibitions and other requirements imposed by governmental authorily; restricti< and matters appearing on the plat or otherwise common to the subdivision; public utility easements 01 record (easements are to be located contiguous to Real Property lines e not more than 10 feel in width as to the rear or Iront lines and 7'1. feet in widt s . lines. unless otherwise specified herein): taxes for year of closing and subsequ -,ears; assumed mortgages and purchase money mortgages, if any; other: provided. that there exlSta at dosing no violation of the foregoing and none of them prevents use of Real Property for RES 1).A';lOSll< VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller. but if Property is intended to be rented or occupied beyond closing, the fact and ter thereof shall be stated herein. and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of cloSIng unless otherw stated hereIn. If occupancy is to be delillered before closing. Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable 'or maintenance Ir, that date. and shall be deemed to have accepted Property in their existing condition as of time 01 taking occupaflC)' unless otherwise stated herem or in a separate wribng. IX. TYPEWRITTEN DR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed prOVISions of Contract in conflict With them. X. INSULAnoN RIDER: If Contract is utilized for the sale 01 a new residence, the Insulation Rider or equivalent may be attached. XI, COASTAL CONSTRucmoN CONTROL UNE (-CCCL-) RIDER: If Contract is utilized for the sale 01 Property affected by the CCCL. Chapter 161. F.S.. (1987), as amend shan apply and the CCCL Rider or equivalent may be attiiChiid to this Contract. XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACr (-FIRPTA-) RIDER: The parties shall comply WIth the provisions of FIRPTA and applicable regulabons which co require Seller to provide adc:IIbonal cash at closing \0 meel Withholding ~ements, and the FIRPTA Rider or equivalent may be attached to this Contract. XIII. ASSIONABIUTY: (CHECK (1) or (2)): Buyer (1) DO may assign OR (2) 0 may not assign Contract. XIV. SPECIAL CLAUSE8: (CHECK (1) or (2)): Addendum (I)XJ Is attached OR (2)0 Is not applicable. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. ApprowJ does not constitute an opinion thal arry 01 the tenns and conditions in this Conttact should be accepted by the patties in a partJcular ffansactiorL Terms. .""'," caldifions should be negotiated based l.pClt1 the respective interests, obiedJves and bargaining positions of alf inferested pen;ons. . . COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS. INC. ~Date '--' . ;;""".: z. .... (" .~~--, ., . _.:....c~~L :- ).;- '" .. .. ".YOc (Seller) Social Security or Tax 1.0."# / / I': j , ~I- ... 4 . , jJ./L- (Buyer) Date (Seller) Oat Social Security or Tax I.D. # SociaJ Security or Tax 1.0. # DePOSlt(S) under Paragraph II received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. !&ii ~L~7~ ~~ ~ BROKER'S FEE: (CHECK & COMPLETE THE ONE APPUCABLE) - _ By: t / ~ :::tP/ "/ 10 IF A USTINO AGREEMENT 18 CURRENTLY IN EFFECT: . .'. .. ~ Seller agrees to pay the BrOker named below, Including cooperatlflQ sub-agents named, acCOrdIng 10 the terms of an ex.sbng. sepa,ate listing agreement (Escrow 1v;}e OR o IF ND U&nNO AGREEMENT IS CURRENTLY IN EFFECT: Seller shall pay the Broker named below. at time at Closing. from the disbursements of the proceeds of the sale. compensation in the amount of (COMPLETE ONLY 01\ - % of gross purchase price OR $ , for Broker's services in effecting the sale by finding the Buyer ready, willing and able 10 purchase pursuant to the foregoi Contract. If Buyer tails 10 perform and deposif(s) is retained, 50% thereof, but not exceeding the Broker's fee abo...e provided, shall be paid Broker. as tull consideration tor Broke services including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close because of'refusal or failure of Seller to perform. Seller st pay lt1e lull fee to Broker on demand. In any litigation arising out of the Contract concerning the Broker's fee. the preVailing party shall recover reasonable altOfney lees and C05 . H.L. ~~_ , ("tJI!/ 't'll J!;, W~ ~ -" -. ' /'-l'\.-~ -..~, _-C"__!"I_~- .J!/h1.1(JfOJ t{ ~ C, ttt~ (tirm name at Broker) By: (authonzed SlQnato<y) (Seller) ( Seller) FAAIBAR 001-eBb (1/88) RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR. Il JI. (J C (, rr-it11-/J 5' '.; , .r~ . "'I STANDARDS FOR REAL ESTATE TRANSACTIONS . EVIDENCE OF TTTl.E: (1) An abstract 01. title prepared or brought current by a reputable and existfng abstract lirm (if not existing then certilied as correct by an existing frr ,rportlng to be an accurate synopsIs 01 the Instruments affecting title to Real Property recorded in the public records of the county wherein Real Property IS loc.1ted. through Eflect lte and whICh shall commence WIth t.he ear1test public records, or such later date as may be customary in the county. Upon clOSing of th.s transaction the abstract shall becol e preperty ot Buyer, subject .to the nght of retention thereof by first mortgagee until lully paid. (2) A title insurance commitment ISSUed by a Florida lIcensed Iltle Insurer agreel ISsue to Buyer, upon recordIng 01 the deed to Buyer, an owner's policy of title insurance in the amount 01 the purch:1se price. insuring Buyer's title to Real Property. subject 01 hens,. encumbrances, exceptIOns or quahtlCation set lorth in this Contract and those which shall be discharged by Seller at or b('lore closing Seller shall convey a marketal Ie subjec" :>.,ty to hens, encumbrances. exceptions or QUalilications set lorth in Contract. Marketable title shall be determined ac"''''ding to applicable Title Standards adopted Jthonty .of The Florida Bar and In accordance with law. Buyer shall have 30 days, il abstract, or 5 days. il title commitment, fron date of receiving evidence 01 title to exam. It tllfe IS .Iound detechve, Buyer shall. Within 3 days, notity Seller in writing specifying detect(sl. If the defect(s) render title unn"uketable, Seller WIll have 120 days 'rom fl'Ce notice within which to ren10lle the defect(s), lailing which Buyer shall haw the option at either accepting the title as it then " or demandIng a refund 01 deposit(s) paid wh, 1311 ,mmedl3tely be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under II" 'Antract. Seller will, if title IS found unmarketat ;e d~igent effort to correct delect(s) in title within the lime provided therelor. including the bringing of necessary SUitS. PURCHASE MONEY MORTGAGE; SECURfTY AGREEMENT TO SELLER: A purchase money mortgage ard mortgage note to Seller shall provide for a 30 day grace period e event 01 default. II a torst mortgage and a. 15 day grace period if a secord or lesser mortgage; shall provide lor right of prepaymenl In whofe or in part without penally. s~ It permIt acceleratoon or Interest adJustment '" event of resale 01 Real Properly; shall require all prior lien ard encumbrances to be kept in good standing ard forbid modlficatlo or luture advances under prior mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Sell!!r may onfy rt>qu auses customanly found In mortgages, mo,tgage notes, and secunty ag,eements generally utilized by saving and loan institutions. or state or national banks located In the COllr heretn Real Property IS located. All Personalty and leases being conveyed or assigned will, at Seller's option, be subJect to the hen of a security agreement evidenced by 'ecore\ 'ancing statements. If a balloon mortgage, the final payment will exceed the periodIC payments thereon. . SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Flori lrveygr. II survey shows encroachment on Real Property or that improvements located on Reaf Property encroach on setback lines, easements, lands of others. or violate any restrichol ~ntract covenants or applicable governmental regulation, the same shall constitute a title defect. TERMITES: Buyer, at Buyer's expense. within time allowed to deliver evidr '.ce 01 title and to examine same, may have Real Property inspected by a Flo,ida Certified Pest Cant perator to determine if there is any visible actiw termite infestation or visl[;.e existing damage from termite infestation in the improvements. If either or both are found. Buyer , we 4 days from date 01 written notice thereol, within which to have all damages, whelhet visibfe or not. inspected and estimated by a licensed builder or general contracto, Sel 'all pay valid costs ot treatment and repair of all damage up to 2% 01 purchase price. Should such costs exceed that amount, Buyer shall have the optIOn of cancelling Cont" Ithin 5 days after receipt 01 contractor's repair estimate by giVing written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall recel credit at cfosing 01 an amount equal to the total ol'the treatment and repair estimate not in excess 01 2% of the purChase price. "Termites" shall be deemed to include all \NO !stroying organisms reQUired to be reported under the Florida Pest Control Act. . INGRESS AND EGRESS: Sefler warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII here Ie to which is in accordance with Standard A. LEASES: Seller shall, not less than 15 days before closing, lurnish to Buyer copies 01 all writ1en leases ard estoppel letters lrom each tenant specilying the nature and dural I the tenant's occupancy, rental rates, advanced rent ard security deposits paid by tenant. II Seller is unable to obtain such letter from each tenant, lhe same information Shill! mished by Seller to Buyer within that lime period in the form of a Seller's affidavit, ard Buyer may thereafter contact tenants to confirm such information. Seller shall. at ctos" ~Iiver and assign all original leases to Buyer. . LIENS: Seller shall lurnish to Buyer at lime 01 closing an allidavit attesting to the' absence, unless otherwise provided lor herein. of any financing statements. claims of lien )!enlial lienors known to Seller ard further aile sting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing. If PrOpel IS been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors. subcontractors. suppliers. and materialm addition to Seller's lien affidavit selling forth the names 01 all such general contractors. subcontractors, suppliers ard materialmen and lurther affirming that all charges for ,mprovemr>' . repaira which could serve as a basis lor a mechanic's lien or a claim for damages haw been paid or will be paid at closing. , PUCE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office 01 the attorney or other closing agent designated by Sellet TlME: Time is 01 the essence 01 this Contract. Time periods herein 01 less lhan 6 days shall in the computation exclude Saturdays, Surdays and state or national legal holida ld any time period provided lor herein which shall end on Saturday, Sunday or legal holiday shall exterd to 5:00 p.m. 01 the next business day. DOCUMENTS FOR CLOSING: Seller shall lurnish deed. bill 01 sale, mechanic's lien affidavit. assignments of leases, tenant and mortgagee estoppelletlers. ard corrective instrumer .ryer shalllurn.sh closing statement, mo,tgagc. mortgage note, security agreement, and linancing statements. . EXPENSES: Documentary stamps on the deed ard recording correcliw instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase mon Ottgege to Seller, deed and linancing statements shall be paid by Buyer. PRORATlONS: CREDITS: Taxes. assessments. renl. interest. insurance and ofher expenses and revenue 01 Property shall be prorated through day before closing. Buyer shall h,' re option of taking eve< any exishng policies 01 insurance. il assumable. in which e'ieflt premiums shall be prorated. Cash at closing shall be increased or decreased as mny .qu;red by prorations. Prorations will be made through day prior to occupancy il occupancy occurs before closing. Advance rent and security depOsits will be credited to Buyer a ;crow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable disco" lm8stead and other exemptions. II closing occurs at a date when the current year's millage ia not lixed, and current year's assessment is aV8llable, taxes WIll be prorated bas )QI'l such assessment end the prior yea,'s millage. " current year's assessment is not available, then texes will be prorated on the prior year's tax. II there are completed impt~me' , Real Property by January 1st 01 year 01 closing which improvements were not in existence on January 1St 01 the prior year ther taxes shall be prorated based uPon the p' !ar's millage ard at an equitable assessment to be agreed upon between the parties, lailing which, request will be made to the County Property AppraIser fo' an informal assessnll .king into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receIpt of tax ' , condition that a statement to that effect is in the closing statement. I, SPECIAL ASSESSMENT UENS: Certified, confirmed ard ratilied special assessment liens as of date 01 closing (and not as 01 Effective Date) are to be paid by Setler. Pendi !lIS as 01 date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Eflective Date, such pending lien shall be considered as certifi( )I'llirmed or ratified ard Seiter shalt, at closing, be charged an amount equal to the last estimate 01 assessment lor the improvement by the public body. , INSPEcnON, REPAIR AND MAINTENANCE: Seller warrants that, as 01 10 days prior to closing, the ceiling, rool (including the lascia ard soffits) ard exterior and interior We , not have any VISIBLE EVIDENCE 01 leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery ; WORKING CONDITION. Buyer may, at Buyer"s expense, have inspections made 01 those ilems by an appropriately Florida licensed person dealing in the construction, repair aintenance of those items and shall report in writing to Seller such items Ihat do not meet lhe above standards as to defects together with the cost of correcting them, prior JYer"S occupancy or not less than 10 days prior 10 closing. whichever occurs first. Unless Buyer reports such delects within that time Buyer shalt be deemed to have waived Selle arranlies as to defects not reported. If repairs or replacement are required, Seller shall pay up to 3% 01 the purchase price tor such repairs or replacemen\s by an appropriatl orida licensed person selected by Seiter. If the cost lor such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess. failing wh ther party may cancel this Contract. II Seller is unable to correct the defects prior to closing, the cost thereof shalt be paid into escrow at closing. Seller will, upon reasonal ltice, provide utilities service for inspections. IDelween Effective Date and the closing, Seller shall maintain Property inctuding but not limited 10 the lawn and shrubbery, in the condit ~ein warranted, ordinary wear and tear excepted. Buyer shall be permitted access lor Inspection of Property prior to closing. in order to confirm compliance with this Standa , RISK OF LOSS: " the Property is damaged by fire or other casualty before closing ard cost 01 restoration does not exceed 3% 01 the assessed valuation 01 the Property lmaged, cost of restoration shall be an obligation 01 the Seller ard closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closinq. " th(> C' , restoration exceeds 3% 01 the assessed valuation 01 the improvements so damaged, Buyer shalt have the option 01 either taking Property as is, together with etther the 3"0 lY insurance proceeds payable by virtue 01 such loss or damage, or 01 cancelling Contract ard receiving return of deposit(s). . PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance 01 lurds. II abstract, evidence of title shall be continued al Buyer's expense to sh Ie in Buyer, without any encumbrances or change which would render Seller's title unmarketable from lhe date of the lasl evidence. Proceeds of the sale shall be held in escr I Seiter's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days lrom and after closing date. If Selter's title is rerdered unmarkelal lrough no laull 01 Buyer, Buyer shall. within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to c' 18 defect. It Seller fails to timely cure the delect, alt deposit(s) shall, upon wrillen demand by Buyer ard within 5 days alter demard, be returned to Buyer and simultaneously y ICh repayment, Buyer shall return Personally ard vacate Real Property ard reconvey it to Seller by special watranty deed. II Buyer lails to make timely demand lor refund. Bu 'all take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by vi,tue 01 warranties contained in the deed. If a porI the purchase pnce is to be derived from institutional financing or relinancing, requirements of the larding institution as to place, time 01 day ard procedures for closing. ""d sbursement 01 mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment I WIll not withhold disbursement of mortgage proceeds as a result 01 any title defect attributable to Buyer-mortgagor. The escrow ard closing procedure required by this Stand ay be waived il title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. . ESCROW: Any escrow agent ('.Agent") receiving lurds or equivalent is authorized and agrees by acceptance of them to df'poslt them promptly. hold same in escrow and. 5ul~ , clearance, disburse lhem in accordance with terms ard corditions of Contract. Failure of clearance of furds shall not excuse Buyer's performance. If in doubt as to Agent's dul . liabilities urde, the provisions 01 Contracl. Agent may. at Agent's option, continue to hold the subject mailer 01 the escrow unlil the parties mutually agree to its disburspmt . until a judgment 01 a court of competent iurisdlction shall determine the rights 01 the parties or Agent may deposit with the clerk of the circuit court having juriSdiction of sPUte. Upon notifying all parties concerned of such action. all liability on the part 01 Agent shall fully terminate, except to the extent of accounting for any items preViously d..hve Jt 01 escrow. II a hcensed real estate broker, Agent will comply WIth provisions of Chapter 475, F.S. (1987), as amerded. Any suit bel ween BlIyer and Seller where Agent 's m; party because of acting as Agent hereurder, or in any suit wherein Agent interpleads the subject matter 01 the escrow, Agent shall recover reasonable attorney's fees and co curred with the '"es ard costs to be charged and assessed as court costs in la'JOr of the prevailing party. Parties agree that Agent shall not be liable to any party or Pl'r~ .r misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery Is due. to willlul breach 01 Contract or gross neghgence of Agent. . AnoRNEY FEES; COSTS: In any litigation erising out of this ContrllCl, the prevll~ing party shall be entilled to recover reasonable ettorney's lees erd costs. , FAILURE OF PERFORMANCE: " 8uyef fails to perform this Contract within the time Specified (including payment 01 all deposil(s)), the deposi~s) paid by Buyet may be reta" ( or for the account of Selle' as agreed upon liqUIdated damages, consideration for the execution 01 this Contract and in lull settlement 01 any claims: whereupon. Buyer and S<, 1811 be relieved 01 all obligations urder Cont,act; or Seller, at Seller's option, may proceed in equity to enlorce Seller's righfs under this Contract. If. for any reason other than f:lil , Seller to make Seller's title marketable aller diligent effort, Seller fails, neglects or refuses to perlorm this Contract, the Buyer may seek specific performance or elect to rece IC relurn 01 Buyer's deposit(sl withoul thereby waiving any action lor damages resulting from Seller's breach. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTlCE: Neithe, this Contract nor any notice of it shall be recorded in any public records. This Contract shah bind , ure to the benefit 01 the parties ard their successors in interest. Whenever the context permils, singular shall include plural ard one gerder shall include all. Notice gIVen by I the allorney for any party shall be aa effective 8S if given by or to that party. . CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal rep'esentative's or guardian's deed, as approp,iate to the status 01 Seller. sub) ,Iy to matters contained in Paragraph VII and lhose othe,wise accepted by Buyer. Personalty shall. at request of Buyer, be transferred by an absolute bill of sale WIth warra 1 title, sub/ect only to such matters as may be otherwise provided lor herein. . '. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in Ihis Contract. No modification 0' changr liS Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties interded to be bound by il. I. WARRANTlES: Seller warrants that there are no facts known to Seller materially aHect1ng the vnlue of the Real Property which are not readily observable by Buyer or w~ lve not been disclosed to Buyer. ^ UUI':NI)U~I -- ^UnEPl/HI~' ~'I'O <:ONTRM:-r \l^TI~J) J)e.celV'\l,~ 21 _, /f?9 I\ETWr.I~H -ACI!.~&M.~~ &A~ ~~/'~~~ef?Cl//~.AJ} ~I\I'YI~~S . PROI'I.:R'1"V l,nCA'I'ED la.u.rdJl;\Js. 5~ AJj,J\o~)Lot 2'2.1 PI}2.~b3 ^'" ~":I.I.IN(: PR1CJ~ OF'ft.t2.5oo ~ I,: I.f . ~ R S , I. ---r1. .s c<;"./....J. ;5 Co A;"jen./. urn +-t, e. f.... ~c.l, 4S,,:" Sec.~ ..-,....j ti ~ "",,,c.;"j a...J 0.11 fer"",; -Is , e Ie. .{., !,,,,Id a. s. ",:i e t.. "",.1:; h D"'t e' 0'" +t.e rl'~/7' 2. /'1; e. clD$""j d...1-e.. .s h...11 a.A!"""...I.. CA/ & t e. 4'./-J ..J 0.", oAeU-iD",a/ 30 ~~ ADM ~.. 'J,J.. SI.DW" i'1 *"]T. 0 It'\ r "~e I '* u...;.s CDf1I-N.c..~ 5 v..bJ' e. c..+ o-n b h ~e.. bc..t.Je..r~ wrill-en rl.(.(.~ ~ 5D. Wle... SQ.") ~W,~ s~1/ be.. 'de-I. lIeA-eJ ft, se,//er tH" seiler's ~j~+ nJ I.~ +e.-.", /0 ~s fr,'c-r -/0 c/os/^j J,./e sJ,.WP\ i I) 4J:-JlL 0.., ~e, 1 crf. fl.. i.s Co n fr.-.c..t- WI'1'N!SS SELLER /. I /,,: J. ,/ [- ,. / (DATE) / ~}/, '-"~--J ~~. .-,:.,/-'----- /' '~~-~j" CHRISTOPHER J. HUTH LAND. SURVEYING 310 S.W. 1st Avenuo . Boynton Beach, Florida 33435 6QUNDA;€Y SKETCH OF SURVEY Phone 305-730-0907 FORI I\.Itl 0... 't- 0{ \0 \ ~~f' v f'LATtj N1~IJ.su.e€L) = .l6?!,SO rli AVE 50 'R./'IIT Or WA (ll2.1\ I ~ aL o l--='s ~ :o't::;~J tJ) . ""wooO '" powa fbUJ ~. PLA1i~AS/; /6 s. 2. 3 . \.. lJ.1 11~ ~ SCAlEz .:t.":: 2 0 LEGAL DESCRIPTION: Lot 221, LAUREL HILLS 5th ADDITION, according to the plat thereof, as recorded in Plat Book 23, on. Page 183, of the Public Records of Palm Beach County, Florid.c;1; said lands situate, 'ying and being in Palm Beach County, Florida. -N LoT 2'Z '2.. LOr 5:3 This property is located in . Flcx.d ~;Llne I B I per National Flood Insurance Program FIRM eo. :'1:mity Panel 120196 0004 C, re\ . ',ed September 30, 1982. vACANt LOT 2..21 -rR.eS5 NoT I..OC.ATCO Elevdtio~; ~DSed on N.G.V.D., 1929. to ~ \J) (S ~ \v- h.. 'c: ~ l,ngles shown hereon are per l'l':l', ll:-d plat. ~ fO ~ ^'.0 ~. {~l 0. . .,\ \Vg; . CO: This survey confonns to the Minimum -, oJ Technical standards for Boundary 'r 1~Vf!/;lrr E"..1itffl1.~17:;'I"" Surveys as established by the Florida '7"--; 'fAT C Iv1~ASU.eeD= 65. 0 0 State Board of Progessional ".n woo/> / 1 f' land S ,:cf.INLJ z K Z PDWO. La I 2 .....--J urveyors. CaAlCEETc MdNoMe.v7"~/ <:;6~DE.'" PAR-I') . CERTIFICATEs PLAT 80oK. 26 P.4~E',z.z. LoT 5'1 . . ,,",oob J ,r f'OlA/clZ fbL€ ~.- _.- tSEt r~ol/ eop Y2" ItJ/TI-/ CliP RL.5 ~1.'17 FCUNO 'I " )("1// cc.x. e~c M()WUN1eNr a.3 ~1'1$T I hereby CERTIFY that the attached sketch of survey of the above described . property Is true and correct to the bost of rrrj knowledge and belief as surve yed under my dIrect (on In January 4' 19 -90 . ~fl1v-.. J.J{uZt,. CHRISTOPHER J. RUTH REGISTERElJ LANO SURVE YOR NO 4299 STATE OF FLORIDA THIS sketch is Ihe properly 01 CHRISTOPHER J. HUTH LAND SURVEYING, and shall nor be reproduced in whole or part wilhoul permissic.n ollhe above in wriling. UPDATES ondlc:l REVISIONS DATE BY 0<'0 NOTE The undersigned and CHRISTOPHER J, HUTH LAND SURVEYING make no representations or guarantees as to the Information renected hereon pertaining to easements. righl-ol-way, set back lines, reselVations, agreements and other similar mailers, and further, this instrument is not intended to renect or set forth all such mailers, Such Information should be obtained and conlirmed by others throuoh appropriate lille search, . . . . NOTE Lands shown hereon were not abstracted for riOht-or-way and/or easements 01 record. JPA NO. DRAWN BY' C I fl CHECKED BY' C, f F.B,' 9 PG. Lf 7i If? FILE NO, 11 tI-r, _ I "11 /; ..1- J..! ..., /-1" {ra. 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( . --" i \ ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA, for the variance as indicated, under and pursuant to the provisions of the zoning code of said City: Case #143 Applicant: Affordable Home Development Corp. Request: Relief from Zoning requirement of 75 ft. lot frontage to be reduced to 55 ft. lot frontage and relief from Zoning require- ment of 7,500 sq. ft. (platted before 1975) lot area to be reduced to 6,270 sq. ft. lot area to construct single family dwelling Address: 816 N.W. 6th Avenue Legal Description: Lot 221, LAUREL HILLS 5th ADDITION, according to the plat thereof, as recorded in Plat Book 23, on Page 183, of the Public Records of Palm Beach County, Florida: said lands situate, lying and being in Palm Beach County, Florida. A PUBLIC HEARING will be held relative to the above applica- tion by the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach, Florida, on Monday, April 9, 1990, at 7:00 P. M. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of Adjustment with respect to any matter considered at this meeting 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. BOARD OF ADJUSTMENT CITY OF BOYNTON BEACH PUBLISH: BOYNTON BEACH NEWS March 22 and 29, 1990 slb/BOA143.1 .......: -- -- - NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF ADJUSTMENT CITY OF BOYNTON BEACH HEARING WILL BE HELD AT CITY HALL, COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA, ON MONDAY, APRIL 9, 1990, AT 7:00 P.M. Case #143 Applicant: Affordable Home Development Corp. Request: Relief from Zoning requirement of 75 ft. lot frontage to be reduced to 55 ft. lot frontage and relief from Zoning requirement of 7,500 sq. ft. (platted before 1975) lot area to be reduced to 6,270 sq. ft. lot area. proposed Use: Construct a single family dwelling Location: 816 N.W. 6th Avenue Lot 221, LAUREL HILLS 5th ADDITION, according to the plat thereof, as recorded in Plat Book 23, on Page 183, of the Public Records of Palm Beach County, Florida: said lands situate, lying and being in Palm Beach County, Florida. Notice of a requested variance is sent to property owners within 400 feet of the applicant's property to give you a chance to voice your opinion on the subject. Comments may be heard in person at the meeting or filed in writing prior to hearing date. If further information is desired, please call 738-7407, City Clerk's Office. Any person who decides to appeal any decision of the Board of Adjustment with respect to any matter considered at this meeting 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. LEGAL ADVERTISEMENTS WILL APPEAR IN THE MARCH 22 and MARCH 29, 1990 ISSUES OF THE BOYNTON BEACH NEWS. CITY OF BOYNTON BEACH SUZANNE M. KRUSE CITY CLERK sIb BOA143 ....,;; -- --