APPLICATION
rD\.JL~ ~ u w rn ID
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111 5 3
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Request for Board of Adjustment Section 7. Planned Industrial Development District
Section H-11 page 2-64 answers to item #5 - Board of Adjustments Application.
A. The proposed building has unique differences for the following reasons:
1. Fire Marshall is requesting doors as smoke evacuation areas.
2. On the north side facing the residential district, the doors will not be within
eyesight of the residential district because:
a) Existing large native and scrub pine/oak hamm ock is being preserved and
this area will totally block the view of the residential zoning,
b) Where the pine/oak hammock does not exist, a 3'-6" high berm with 2'
high Firebush plants, 3' high Fahahatchee grass and 8' Wax Myrtle trees
are being planted on top of the berm,
c) Residential development will also be installing 8' high Mahogany trees
planted at 30' o,c. with four (4) Green Buttonwood 24"-30" planted at the
base of each tree,
d) Owner is relocating required water main extension to the southerly side
of the 40' buffer zone in order to save existing large trees in hammock
area.
3, On the south side facing Commerce as follows:
a) Front of building faces High Ridge Road and has no doors,
b) Project consists of three (3) industrial lots, not one, with frontage on two
roads thereby making it impossible to utilize the land as intended without
exposure to one road for large truck access,
c) Configuration of multiple lots will not allow the project to not have door
access facing one street.
d) Owner is minimizing exposure by recessing the truckwell below grade with
the top of the doors only 10' above floor level and providing a 6' high
chain link fence with aluminum horizontal slats in fabric, In addition, the
landscaping requirement is being placed on the southern side of fence
or closest to Commerce Road. Thus the line of sight from a person
walking or driving will not allow visual contact with loading area.
e) The door from the front showroom area is not a loading door but access
door to exterior and smoke evacuation,
B. The Kilpatrick Company has not created the requirements of multiple lot use when
fronting on a main thoroughfare and a secondary road. When plat was approved
ten years ago, regulations of this magnitude were not is existence.
C. The granting of this variance request does not confer on the applicant any special
privileges since the land configu ration and codes did not occur at the same time
interval.
D. The literal interpretation of the provisions of this chapter deprives the applicant of the
use of this site because of the lack of accessibility and expansion if not granted.
E. The variance is the minimum variance and regarding the north side should only be
required when visual contact from residential area has not been demonstrated.
F. Granting the variance will be in harmony with the general intent because of the
following:
1, Face of building fronting High Ridge has no doors.
2. Doors on north side are not visible to residential area due to existing hammock,
landscaped berm, landscaping by residential developer and distance separation.
3. Allowing doors on the south side facing Commerce Road has been
demonstrated that visual contact will not be possible, traffic flow is greatly
improved for public safety, fire department smoke evacuation request for their
safety has been satisfied.
The Kilpatrick Company, a long time resident of Boynton Beach, feels that granting the
above request will enable their firm to remain a mainstay in the Boynton Beach area for
many more years to come. This facility will be utilized to bring clients in from all over the
State of Florida and demonstrate their products which will give the City of Boynton Beach
additional exposure,
CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: See scehdule of dates for Board meetings and submittal
dates
Please print (in ink) or type
Submittal date: 1I{30jQS-
The undersigned owner (s) hereby respectfully petition ( s) the Board of
Adjustment to grant to petitioner(s) a special exception or variance to the
existing Zoning or Sign Code of said City pertaining to the property
hereinafter described and in support thereof state(s):
Property involved is described as follows: Lot(s) 1, 2 and 3
Block
, Subdivision High Ridge Commerce Park
Plat Book
46
, Page 58-61
or otherwise described as follows:
Property Address
The following documents are required to be submitted with this application to
form a single package. Incomplete package will not be accepted:
/ 1. Two sealed surveys by a registered surveyor in the State of Florida, not
over six (6) months old, indicating:
A. All property lines
B. 'North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two site plans properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that are to remain on site
c. Setback lines for all structures drawn perpendicular from the
properly lines to the closest vertical wall of structures
D. Use of each structure (or uses within mul~iple occupancies)
E. Use of adjacent properties including right-of-way lines for all
streets and alleys, sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the
site
3.
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
the applicant's knowledge, said list is complete and accurate.
/ 4.
Proof of ownership of property by peti tioner ( s ), such as deed or
purchase contract agreement. If an agent is submitting the petition, a
notarized copy of a letter designating him as such must accompany the
petition.
5.
Statement of special conditions, hardships or reasons justifying the
requested exception or variance. Respond to the six (6) questions below
(A-F) on a separate sheet (Please print or type):
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;
Page 2 of 3
B. That the special conditions and circumstanoes do not result from
the actions of the applicant,
c. That granting the variance 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 literal interpretation of the provisions 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 minimum 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.
6. An application fee in the amount of $400.00, payable to the City of
Boynton Beach, must accompany a completed application. The $400.00
application fee covers a request to vary one (1) section of the Code.
Seeking relief from more than one section of the Code will require
payment of $100.00 for each additional Code section.
The Kilpatrick Company
7. Name and address of owner: 322 N.E. Third Street - Boynton Beach, Fl 33435
8.
Name of applicant:
Richard Ahrens
Applicant's address: 3750 Investment Lane, *2 - West Palm Beach, Fl 33404
Applicant's phone *: (407) 863-9004
Date: ~ Signature of Applicant: ~~C ~t.-
-----------------------------------------------------------------------
To be completed by the Building Official or Representative
1.
Property is presently zoned:
P,D
Form~rly zoned:
plD
2. Property Control Number:
3. Denial was made upon existing zoning or sign requirements (list
sections[s] of Code from which relief is required):
4.
Nature of exception or variance required: R ~ Q V a~J
5 ~ c"rcp l>J 4 c; ~vv~ R.. '" a.- -\> R.OQ' ~l" p~ J 'L-. e "rzf~ll).. W A-~L.~
2.orJ 4 ftJ(y b"f n-e C ,t'le~ ~"'). Oe~elf>~ Mli7~'t"' O~ Ib ::;; L
& (... tr ~ LO" Ys~..,. fV'",,~C1""I1--,1 f.;1>#..... [,J i>f L..\.... C'f'W~...'" C-e:>""...."'l"c&-el'-
Date: Permit denied:
Building Department
R. a Lt cr:~ FR.e k
of CH-~~~tt 1-
"G' i ~e /iOQr;VI
Re4ft G>-rl'L:;;:.(. f~ ~1"1 e ~
5.
Case Number:
~L~
Meeting Date:
f- (2 ~ 2-0 1<\ ct0
-----------------------------------------------------------------------
To be filled out by Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
stipulations:
Signed:
Chairman
Page 2 of 3
B. That the special conditions and circumstances do not result from
the actions of the applicant;
C. That granting the variance 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 literal interpretation of the provisions 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 minimum 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.
6. An application fee in the amount of $400.00, payable to the City of
Boynton Beach, must accompany a completed application. The $400.00
application fee covers a request to vary one (1) section of the Code.
Seeking relief from more than one section of the Code will require
payment of $100.00 for each additional Code section.
The Kilpatrick Company
7. Name and address of owner: 322 N.E. Third Street - Boynton Beach, Fl 3343
8.
Name of applicant:
Richard Ahrens
Applicant's address: 3750 Investment Lane, #2 - West Palm Beach, Fl 33404
Applicant's phone #: (407) 863-9004
Date: ~ Signature of Applicant: fd;:..it~C ~
-----------------------------------------------------------------------
To be completed by the Building Official or Representative
1.
Property is presently zoned:
pro
Formerly zoned: ___?I~
2. Property Control Number: oe-A~-4$"-Oq-..2I- 00'2-00'() o@-4~-45'-oq-2'-0t72-C%'
o e -A"3. - 4~ -0" - 2.1 - 002 - 003b
3. Denial was made upon existing zoning or sign requirements (list
sections[s] of Code from which relief is required):
~EG-l1()~1 A IG-eNE~~ ~~'~j. L. &,,~ wAr~ oJ:: CMA~e2 I 2PrJ,tJ&- {1~
Tl-t~ (,IT ~ ~t.lO lA.,., $I' TO ~V/l1l"'A'TJ;'
4. Nature of exception or variance required: 11(.~ ~,~~~,...
~ cotJ~nw~ A '-~OOl'" ~1G-6-t, sQLAD t"'JMeNeH ~
otJa.IN~~
tQ.o~ w'"'~ f\ A f>Vf"&, A ~IO~AI.AH VJ~ ~~.
Date: ~4>.. Permit denied: ~/A
I Building Department /
5. Case Number: 'Z-, " Meeting Date: ~a 10- J a q,G
To be filled out by Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
Page 3 of 3
C E R T I F I CAT ION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PROPERTY.
W(}~
APPLICANT/AGENT
APPLICAT.WP5
Page 3 of 3
LEnER OF TRAIISM1TTAL
FROM:
A AHRENS
AI COMPANIES
DATE
I '--Ie( /9 J-
KliPll-TlUcK
,
~~rMrd# .8a~
PItOJECT
LOCATION
(407) 863-9004 Fax (407) 863-9007
3750 Investment Lane, Suite 2, West Palm Beach, FL 33404-1765
ATTENTION
RE: /3o/H2.f) of 1JN1;s. rfl.J~ fJui:-$
TO:
L{'!;t/t: ,(3t)7f:.A/l3cH
IlA I\J/JJ& 2 ;!oN/~& ~epr
'&11'-'10"-" "gar / k.4 .
GENTLEMEN:
WE ARE SENDING YOU D HEREWITH
l)(PELlVERED BY HAND
o UNDER SEPARATE COVER
THE FOLLOWING ITEMS:
L__J oRINTS LJ SHOP DRAWINGi1. . Cj,SAMPLES
[J COpy OF LE TT ER ~ f1/(:) r6~II"::;
o SPECIFICATIONS
VIA
~ PLANS
o ESTIMATES
COPIES DATE OR NO.
DESCRIPTION
t
/
It 4N5
W.s
THESE ARE TRANSMITTED AS INDICATED BELOW
~ FOR YOUR USE 0 APPROVED AS NOTED
o FOR APPROVAL 0 APPROVED FOR CONSTRUCTION
o AS REQUESTED D RETURNED FOR CORRECTIONS
o FOR REVIEW AND COMMENT
C RETURNED AFTER LOAN TO US
o RETURN
o SUBMIT
o RE SUBMIT
o FOR BIDS DUE
CORRECTED PRINTS
COPIES FOR
CDPI ES FOR
LJ
REMARKS:
SIGNED, ;t~j)C~~
'---
IF ENCLOSURES ARE NOT AS INDICATED.
PLEASE NOTIFY US AT ONCE.
,f.TTER OF TWAIISM1TTAL
FROM:
A AHRENS
AI COMPANIES
DATE
PItOJECT
LOCATION
(407) 863-9004 Fax (407) 863-9007
3750 Investment Lane, Suite 2, West Palm Beach, FL 33404-1765
RE:
TO:
C/~ ~ 8tJ<fV TON Bcd
,8, IZ/J Cf 1f~1Yj~l1l1fNT .$.
'&VNTOfJ tEed! HA-.
GENTL EMEN:
WE ARE SENDING YOU ~HEREWITH rXDEllVERED BY HAND 0 UNDER SEPARATE COVER
VIA _~_ THE FOLLOWING ITEMS:
~ PLANS L__J oRINTS LJ SHOP DRAWINGS c=J SAMPLES LJ SPECIFICATIONS
DESTIMATES ~COPYOFLETTER ~ Ap//"'/{'I+T1D^f
COPIES OATE OR NO.
OESCRI PTION
THESE ARE TRANSMITTED AS INDICATED BELOW
~FOR YOUR USE 0 APPROVED AS NOTED
D FOR APPROVAL D APPROVED FOR CONSTRUCTION
D AS REQUESTED 0 RETURNED FOR CORRECTIONS
D FOR REVIEW AND COMMENT
o RETURNED AFTER LOAN TO US
o RETURN
o SUBMIT
o RE SUBMIT
C FOR BIDS DUE
CORRECTED PRINTS
COPIES FOR
COPI ES FOR
LJ
REMARKS:
IF ENCLOSURES ARE NOT AS INDICATED,
PLEASE NOTIFY US AT ONCE.
fiL" -a ~~
SIGNED:/Ja;.d L ~ .
November 15, 1995
City of Boynton Beach
Planning and Zoning Department
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
To Whom It May Concern:
RE: Board of Adjustment Application
Please accept this as authorization for Mr. Richard C. Ahrens to act as agent for The
Kilpatrick Company, Inc. for our site plan approval on Lots 1, 2 and 3 of High Ridge
Commerce Park, a P,I.D,
Should you have any questions, please do not hesitate to call,
Personally appeared before me this j!day of November, 1995, Harold D. Kilpatrick, Sr.,
who, being duly sworn on oath, says that he is President of The Kilpatrick Company, Inc. and
that he hereby acknowledges the execution of the foregoing instrument for and on behalf of
said corporation and at this special stance and request.
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Affiliated Corporations:
Boynton Pump & Irrigation Supply, Inc, Kilpatrick Turf Equipment, Inc, Kilpatrick Property Trusts
The Kilpatrick Company, Inc. 322 Northeast Third Street Boynton Beach, Floida 33435 (407) 732-9815 FAX (407) 364-1423
REQUEST FOR BOARD OF ADJUSTMENT TO MASONRY WALL SECTION 2-9-L
ANSWERS TO ITEM #5 - BOARD OF ADJUSTMENTS APPLICATION
A. The existing site contains a large native and scrub pine/oak hammock which is not
common to other zoning districts. In addition, The Kilpatrick Company is installing
a complete golf hole on the east end of the property which in conjunction with the
proposed landscaping and existing hammock should exceed the intent of the 6' high
masonry wall installation (See enclosed landscape plan).
Should a wall be required, it would destroy the hammock since it is required to be
two feet inside our easements. There exists a 10' utility easement on the north side
of the property which puts the wall in the middle of the 40' buffer zone.
B. The Kilpatrick Company has not created the existence of the hammock presently on
site and truly wants to maintain this condition between its' facility and the project
located to the north.
C. The granting of this variance request does not offer an applicant any special
privileges since they are trying to maintain existing habitat in conjunction with their
golf hole design.
D. The literal interpretation of the provisions of this chapter deprives the applicant of the
use of a beautiful existing habitat which truly enhances the environment for their
employees, customers and neighbo rs.
E. The variance to remove the masonry wall and replace it with a 6' high black chain
link fence located as per the attached site plan in conjunction with the existing
conservation of the hammock is minimum in intent.
F. The omission of the masonry wall but the survival of the existing hammock (see
attached photos), new landscaping berm, golf hole and 6' high black chain link fence
provides more of an environmental separation between residential/industrial than that
of the proposed wall. The request actually preserves natural environm ent verses
destroying it for the construction of a mason ry wall.
The Kilpatrick Company, a long time resident of Boynton Beach, feels that granting
the request for omission of the masonry wall and providing that proposed on the site
plan and landscape plan will provide a unique setting not only for the residences
located to the north but for their employees and quests. This will create something
special for this area and may want to be included for the balance of this PID.
COM~IERCIAL CONTRACT __ .... ~.
FI,O~ArsSOCIA TION 01- RI:AL 1 Ol~
("'BLYER") ~,l91:
("SELLERj agrcca to,
l,PURCHASEANDSALB: 'Pnp T{; 1p;:lt:r;ck r.ompi'lny, Tn". or a:=;~:::1gnc:;
and f'nn"nr Tnvp"'l-mpnt c:; o{ Pt'l1 m Ret'lch county, Tn".
the pro pe-'rty descri.becl ~ Street Adciress.: ~ '" Po ~ " " p n n 11 m P;:! r ;:! g r ;:! p'h 1
LegalDescription.: Tot9 1,? s:... ~ nf' 'R1ork ? of HIGH RIDGE COMMERCE PARK, a P.LD.
.nd the following Personal Propeny:
(all collectively refened to u the -Property") on the terms and c:onditi0n9 set forth below. TI\Q -Ei:fective Date- of this Contract ia the
cUte on which the last of the Parties atgns the latest oflez.. TUne 15 of the essence in th1a Contract. TI.me periods of 5 cb.ys oc ~ sh.all
be c:omputed ".,uhout including Saturday, SundAy, 01' nationalleg3l holidays and any time period ending on a. Saturday, SUI\day or nation
\egal hoUday shall be extended until 5;00 p.1T\. on the next business day,
2.. PURCHASE PRICE:
(a) Deposit to be he1din escrow by FJ Clcr1 pr 'Pi +-1 p ("nmpt'lny
(b) Aclditional deposit to be made 'Within days from E.ffect:ive Date
(c) Tow mortgages (as referenced in Pangraph 3)
(d)Other: See Addendum Paraaraph 10
{e} Bala..n~ to close. subject to adjustments and prorations. to be made with cash. locally drawn certified or
cashier's ch~ or ~ transfer.
$..1?1 91';5 7?
s 21.000.00
s
$
$ ?1,OOO.OO
$379,965.72
3. THIRD PARTY FINANCING: Within dAys from Effective Date r Application Period~ 'BUYER IIhall. at BUYER'S expense,
apply for third party financing in the amo\U\t of S or" of the purchase ptice to be amortized. over.. period
yean and due in no less th&n years and. with a fixed interest nte not to exoecd 0 prvvaillng rate 0 " per year or
vamble it\terest rate not to exceed 0 prevailing rate 0 ,. at origin.a.tion. with addlt\onal terms as foUo'-'lS:
Soo ll.""onr'lllm P;:'lr;:'lcrr",p'h 11 .,'
BUYER shall pa.y for the mortgagee title insurance polley and for all loan expetUes. SELLER alW1. timely proVlde any ancl all credit,.
em.ployment,. financia.l. estoppellett.ers and other infonnation ~ly requirec1 by any 1.eS'Ider. 'BUYER shall notify SELt...E.R. ,
immediately upon obtaining 6.n.and..ng or being rejected by a lender, Ii BUYER... aLter diligent effort, fails to obtain. a written comrn.itn'\ent
within d4ys &0= Effective Date ("'Financing Period"), BUYER shall either
(~} waive this Rnandng cont::l.ngenc:y and p~ with closing or
(b) reapply at SELI....ER'S request and atO BUYER'S 0 SELLER'S ew:pen.se for finAncing at an altema.te lender selected by SELLER.
Re.1Ipplication shall be made '-'ori.thin days from SELLER'S request. If SELLER. does not request reapplication.. either party may
tenninate ~ Contract by written notice to the other party.
4.. nTLE: SELLER has the legal capacity to and shall convey ma..rketable title to the Property b)'Ustatutory wananty deed Q other
. free of lleJU, euements and ena.un}:)~ of record ~ kno1oVtl to SELLER.. but subj<<t to
property taxes for the year of closing; covenants, restrictiON and pubUc utility easements of record; and (list any other matters to wtUch titl
will be subject)
; provided there exists At closing no violation of the foregoing &I
none of them prevents BUYER'S intended use of the Property as
(.) 'Evidence oiTitle: SELLER 1INll.. at 0 SEl..l.ER'S a BUYER'S expense and within clays 0 from Effective Date a pnoc to
Closing Date Q from date BUYER meets or waives financing contingency in Paragraph 3, deliver to 'BUYER
Q an ~bstract of title.. prepared or brought cun-ent by an existing abstract firm or c:ertified as correct by an exi5ting firm.
Q a title insurance corrunitxn.ent by a Florida. Jice.nsed title insurer and. u.pon BUYER recocding the d~ an AL T ^ owner's policy in
the amount of the p~ price for fee simple title subject only to exceptions stated above.
BUYER shau.. Within 15 days from receipt of the abstract or 7 days from receipt of the coaunitmen~ deliver written notice to SELLE.Rof
title defects. Title shall be deemed acceptable to BUYER if (1) BUYER fails to deliver proper notice 01 defects or (2) BUYER delivers
proper notice and SElLER cures the defects within days from recc1pc of the notioe ("Curative Period'). U the defects are cured
within the Curative Period" dosing shall occur '-'ori.thin 10 days from receipt by BUYER of notice of .uch C\lring. SELLE.R may elect not to
cure defects Ii SELLER n!a.SOnably beu.eve. any de~ c.annot be cured within the Curative Period. II the defects are not cured within the
CW'ative Period.. BUYER shall have 10 days &om rec:eipt of notice of SELLER'S inability to C\lre the defects to elect whether to tenn.in&te
this Contract or aca:pt title subject to existing defects and cl~ the transaction without reduction in pW'Cha$C price,
(b) Survey: (check one)
o SELLER shall. Within days from Effective Date, deliver to BUYER copies of surveys, pJ.ans. specifications, and engineering
documents, if any, prepared tor SELLER or in SELLER'S possession. which show a.ll currently vesting structures.
Q BUYER shall. at BUYER'S expense and within the time period allowed to deliver and eXAmine title evidence. obtain a C'U.t'Te1\t certi6ed
survey of the Property from a registered surveyor. U the survey reveals enaoachments on the Property or th.at the lmprovement$
encroach on the lands of another, a BUYER s.haIl accept the Property with existing encroachments Cl such en.croac:hrnents shall constitut
a title defect to be cured within the Curative Period.
(c:) I~s and Egress: SELLER. w-arrants that the Property presently has ingress and egress Sl.\fficient for BUYEJt's Intended use of the
~Property. title to which is in accorc::lance with Paragraph 4-
(d) Po.session: SELLER shall deUver possession and keys for all locks and alarms to BUYER at closing.
s. CLOSINC DATE AND PROCEDURE: This transaction shall be dosed in Pal m Be a c h County, Florida on or before the
See ll. n" pn n 111"(j. 19 or within days from Effective Date ("Oasing Date"), unless otherwtse cxtended herein.. a SELLER
o BUYER s.hAJl designate the do5ing agent. BUYER. and SELLER sha.U. within days from Effective Date, deliver to Escrow Agent
stgned iltitt'Uct1ons which provide for closing proce-dure, II an institutional1ender is providing p~$C funds. lender requirements as to
place. time of day, and dosing pcocedures shall control over any c:ontrary provisions in this Contract.
(a) Costs: BUYER shall pay taxes and recording fees on notes. mortgages and financing statements and rKOl'ding fees for the deed.
SELLER shall pay taxes on the deed and recording fees for documents needed to cure title defects. U SELLER is obligated to discharge
any encumbrance at or prior to closing and fails to do so. BUYER may use purchase proceed.$ to ~tisfy the enC\lll\brilnces.
CC.1
C 1993 Flonc\a h.Mod.atJon of ~LT0A04 All Rights R~served
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(b) Doaunents: SELLER shall proVide the' deed. biii~f~--:-~;-u~ '".iliidaVit.. ~ at iUses.. upd.ated rent rou.. tenant ar
lender estoppelletter5, &S5igrunc.n1.3 of puu" - ~dllc;erues, coTl"eCt1ve izuttu.mcnts and lettCTS.A:)odiyin~ ren&na 01 the ~~ in
o-n~r.5h1p I rental agent. If any tlenant refu~ , execute an estoppel letter, SELLER. shaJl cut hat lnfgnnation rc~ the tenant's
~ase is coned U SELLER is a corpontion, SELLER shall deliver a resolution of it3 Board of v_..cton authorizing the sale and clcllvery
the deed. and certification by the corponte ~ certifying the resolution and aetting forth f&eU showing the c:onv~ confon::'\S
"""th the requirements of loca1la.w, SELLER shall transfer security deposits to BUYER.. BUYER shaJ.1 provide tM closing ~m.ent..
mortgA~ and notes, security agreements and financing statements.
(c) TAXU, ~ssm.ents. and Prontions: The foUo"'fing items shall be made c::UlTent and prorate<t>CIas of Closing Date Q as of
: real estate taxes.. bond and assessment payments assumed by BUYER... internt.. rents, association dues. insuranl
premiums acceptable to BUYER. JUld . If the amount of ~eS AI
assesSlnents for tM CWTent ye.u' cannot be ascertained., rates lor the previous year shall be u.sed ~th due allowance being made f~
l.mprove.ments and exemptions. SELLER is a.ware of the following &SSCS$ments affecting or potent1Ally affecting the Property:
, BUYER shaD. be rnponsib
for all assessments of any kind which become due and owing on or alter Effective Date,. W'Iles.s the improvement is substantially
completed as of Oosing Date, in which case SEI..LER sh.al1 be obligated to pay the entire assessment,
(d) FIRPT A Tax Withholding: The Foreign Investment in Real Property Act ("FIR.PT ^ j requires BUYER. to -uhhold at dosing a partie
ot the purchase proceeds for reutissi.on to the Intenu.l Revenue Service ("LR.S.) if SELLER is a .foreign person. as defined by the lnte:m.
Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide.. a.t 0(" prior to dosing. appropriate
documentation to establish JUly applicable exemption hom the withholding requirement. II withho1d.\ng is required and BUYER does n
have cash su.ffici.ent At dosing to meet: the withholding requirement.. SELLER ~ proVide the necessary funds and BUYER. shall proy),
proof to SELLER that such funds ~ propcJ:1y remitted. to the LR.S.
6. ESCROW: ,BUYER and SELLER. authorl:z:c 1<' 1 ~ IT ~ p r ~; ~ 1_~,. r n m r ~ 11 '! , '
Telephone: t\~ t\~~~t ' Facsimile: ""'0" (.,,~: J ~ ::>;-~ ^ddr~' t!::C:-; ~A 1M Q,..,\-"\ LA-\L~j \3 \ v~. -H. \ 'Z. ~
v..-h,,>, QA__ _~ ~__ F\n.. ~~ +0'1 _-r r ).J J I."'.J: 1', 11:( j}~t_
act as "ESO'O"", Agent" to reoei';'. funds and other items and,. .w,jed: to c:Jearana:.. disbu.r5e them in a.c:corda.nce \oVith the te.n:ns of thi5 Contr.
E.sc:row Agent -ul deposit all fund5 received in C a non-interest bearing escrow a.c:count. 0 an interest bea..rlng escro_ account with irU2n
ac:auing to . If Ese:
Agent r~ceives corUllcting demands or has.. good hUh doubt as to Escrow Agent's duties or lial:>Uities uncleI' this Contract. he/she:nay
(a) hold the subject matter of the esaow until the parties mutually agree to its di.sbUt'SC!D'\el\t or until issuance ot a court order or dec:i.sion e
arbitrator d.e-termining the ~es' rights regarding the esaow or (b) deposit the .w,ject matter of the escro"'" -,th the derlc. of the ci.n:uit
court having jwi.sdicti.on over the dispute. Upon notifying the parties of .such action. Escro- Agent shall be released from a.U liability exce:
fo~ the duty to account for items previously delivered out of escrow. II a licensed real estate broker, Escrow Agent s.ha.ll comply with
applicable provisions of Chapter 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party bec:ause,of acting l
~nt h.e..reunder or intelpleads the subject matter ot the escrow, Escrow Agent shall recover ~ly attorney's fees and. costs, which su
fee5 and CO$ts to be paid from the escrowed Cunds or equivalent and charged and awarded as court or other costs in f..vor of the pre~
party. The parties agree that Escrow ^gent shall not be liable to any person for misdelivery to BUYER or SELLER of escrowed. items, W'Il~
the misdelivery is due to Escrow Agent's willful bceach of this Contract or gross neglige.rice.
"), PROPERTY CONDITION: SELLER slWl deliver the Properly to BUYER at the time agreed in its present -as is- condition. ordinAzy we.
and tear excepted, and shall maintain the landscaping and grounds in a comparable concUtion. SELLER makes no W&rr.Ulties other than
marketability of title. By accepting the Property -as is,' BUYER waive. all cJa..inu ag;Unst SELLER for any defects in the property.
a (a) As Is: BUYER has inspected. the Property or ""'alves any right to inspect and accepts the Property in its .Asls" condition.
a (b) ~ Is With Right of Inspect:ia.n: BUYER. may, at BUYER'S expense and within days from Ei:fective Date ("Inspection
Period"), conduct inspec:tion.s. te5ts and investigations of the Prcpeny as BUYER ~ms necessary to detennine suitability tor BUYER'S
intended use_ SELLER shall grant reasonable access to the Property to BlIYE.R.. its agents, contracton lU\d assigns for the p~rpose of conducting the inspections provided., however. that all such persons enter the Property and conduct the inspections at their own risk.
BUYER shall indernniIy and hold SELLER hartnless from IOiSeS, da.mago!s, costs, claims and expenses of any nature, including attorney'~
fees, and from liability to any pe:rso~ arising from. the conduct of inspections or work. authorized by BtJYER. BUYER shall not engage ir1
any activity that cou.1.d result in a mechanics lien being filed against the Propeny without SELLER'S plior .......ritten consent. BUYER may
tenn.inate this Conb:ac:t by written notice to SELLER prior to expication of the Insped:ion Period if the inSpections reveal concUtions wh.ic
aro! rea.so.na.bly W'\5.a.t:i.sEactory to BUYER.. unless SELLER ele<:ts to repair such conditions to BtJYER'S satisfaction. II this lran5.ac:tion does
not close, BUYER shalL at BUYER'S expense, re~ all cl.aInages to the Property resulting from the inspections and retw'I\ the Property tA
its present condltion.
Walk-through Inspection: BUYER may, on the day prior to closing or any other time mutu.ally agreeable to the parties, conduct a .final
"walk-through- inspection of the Property to determine compliance with this paragraph and. to ensure that all Property is on the premises.
No new i.s5ues may be raised as a result at ttie walk-through. R.adon Cas: Radon is a naturally oc:curring radioactive gas that, when it hAs
aCC\lmulated in a bu..ilcling in sufficient qu.antitie$, may present health risks to persons who are exposed to it over time.. Levels of radon thaJ
exceed. federal and state guidelines have been found in building:s in Florida. Additional1nIonnation t'egarcling radon and radon testing IN!
be obtained from YOur county public health unit.
8. OPERATION OF PROPERTY DURINC CONTRACT PERIOD: SELLBR shall continue to operate the Property and any business
conducted on the Property in the rn.anner operated prior to Contract and ~ take no action which would adversely impact the Proprerty.
tenants,. lenders, or business. if any. Az\yehanges. such as renting vacant space, which materially affect the Property or BUYER'S intended
use of the &operty shall be pennitted C1 only with BUYE.R.'S consent a without Bt.JYER'S consent..
9. RETURN OP DEPOSIT: In the event any condition of this Contract is not met and BUYER has acted in good faith and ~t.h the
rlI!qu.U-ed degree of diligence, BUYER'S deposit shall be retuzned and this Contract shAll tenninate.
10. DEPAUL T: (a) In the event the sale is not closed due to any delzau.lt or fa.i.lure on the part of SEt.LER. other than failure to make the title
marketable after diligent effort. BUYER may either (1) receive.. refund. of BtJYER'S deposit(s) or (2) seek speci.fic perfonnance- If
BlJYE.R. elects a deposit refund, SELLER shAll be liable to Broker for the full amount of the bt'okera.ge fee. (b) In the event the sale is not c:Ios.
due to any default or failure on the part of BlNER. SELl.E.R. may either (1) retain all deposit(s) paid or agreed. to be paid by BUYER &5 &gl'fl
upon liquidated damages, consideration for the execution of this Contra.c:t.. and in full settlement of any c1a.ims,. upon "",hich this Contract
shall terminate or (2) seek specific performance. II SELLER elects to retain the deposit;. BUYER aha11 be liable to Broker for the Cull amou.nt c
the brokerage fee.
CC.1 C 1993 Florid..a A~t1cn 01 JU.u.TC:&4AU Ri,shl:l ~d
rs_
is)
=---::::r
p~c 2 of)
:'1. A'IJ"ORNBY'S FEES AND COSTS: In any d OC' contrOvusy artstng our 0( OC' rcIaans co th'~.ontract,. the prevaWng pArty. wtuch fOJ
purposes.of ~ provision shAll include BUYEa. ~......LE.R. and Broker, sh&ll bo! aw~ rusonab~ torney's tees, costs anet expenses.
u.. BROKERS: Neither BUYER nor SELLER has uc:lJ1z.e<1 the Ael'V1ca oL or f~ any other reason owes compensat1on to. a l1censed re.J. "t.1lte
Broker other thAn:
(.a.) Listing Broker. l.... ;'~r>r~,..1V ~ rt'<Jt~ Rt::-;-o,L.'T :rIVe....
who is an agent of '5a SELLER CJ both pa.rties CJ neither party
and who will be compensated by a SELLER 0 Bt.NER. 0 both p&rl:ics purswant to 0 . listing ~ecment CJ other (specify)
(b) CooperatingBC'oker. r.nmmprrii'll Flnrida Realtv Partners. Inc.
who is an agent of~UYER. a SELLER 0 both parties Q neither party
and who v.rill be compenMtcd. by CJ B l1YER a SELLER a both partin punuant to 0 an MLS or other offer of compensation to a
cooperating brokec CJ other (spec:iIy)
(collectively relerrecl to as "'Broker") 1n connection 'With any.act relating to the Properly, ~ but.not ll.mited. to inquJrles. introductions.
consultations and negotia.tions resulting in this transa.ct:iOl\. SELLER and BtJYE.R agree to i..nd.emnUy and hold Broker harmless &om. and
against losses, d.a.mages. costs and expenses of any kind.. t.nc:1wiing reasonable attorney's ~ and. &oa:..llabUity to any person. arising &om
(1) c:.om.pensation claimed which is inconsistent with the represe.nt.Atlon in this Paragraph" (2) enforc.ement action to collect a brokerage fee
pursuant to Pa.ragnph 10, (3) any duty ac.cepted by Broker at the request of BUYER or SELL.ER. which duty is beyond the -=pe oi ~
regulated by Chapter 475, FS., u amended,. or (4) recommendaticn.s of or $ClVices provided and expeo5CS inc:u.rred by any third. p-.rty whom
Brok.e.r refers, recommends OZ'retains for or on behalf of BUYER. OZ'SELLER..
13. ASSIGNABILrIY; PERSONS BOUND: 'Ihis Contract a is not assignable OJ is assignable. The terms -BUYER.' "SELLER.. and
"Broker" nu.y be singular or phlral. nus Contrac;t 15 bind1ng upon BUYER. SELLER" and their htirs, personal representatives,. SI.lC'Ce'S50rs. anc
asslgns (1f ASSignment 15 putnitted).
U. OPTIONAL CLAUSES: (Initial if any of the foUowing clauses are appUcable and. are attached. as IIX\ addendwn to this Contract):
ArbItration SEl.LER Warranty Coastal Conatrud1oa Contl'Ol Une
Section 1031 Ex.chan.ge SEI..LER. f1nAndng Flood .Area Hazard Zone
Property Il\5pection and R.epah- Existing Mortg.age Property t ~'-" in Uninc. Metro. Dade County
S~ER Representations Feaslbwty Sh.ldy x x Other T, p to to p r n ::l to p n n " 'J' 1 '" to ? Ll. 1 c
IS. MISCELLANEOUS: The tenns of this Contract constitute the entire agreement between Bt.JYER and SELLER... Modifications to this
Contract shaU not be vallet 01' binding unless in writing and exec:ut2d by the party to be bound.. nus Contract !naY be executed in two or
more counterparts. each of which shAll be deemed an original and. all of which together shall corutUutc one instrw'nent. ^ fac:sitnlle copy of
this Contract and any initials or signature thereon shall be deemed as origin.aL nus Contract shall be construed W\d.e:r Florida law and shall
not be recorded in any publk records. Delivery of any written notice to any pa.rty'a agent shall be deemed delivery to that part)',
16. Any contravention of terms of this document and Addendum Letter of Intent
dated August 24, 1995 will favor the Letter of Intent.
THIS IS INrENDED TO BE A LEGALLY BINDING CONTRAcr.1F NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN
A TI'ORNEY PRIOR TO SIGNING. A REAL ESTATE BROI<EJlIS QUALIFIED n> ADVISE ON REAL ESTATE TRANSAC-
TIONS. BUYER AND SELLER ARB ADVISED TO CONSULT AN APPROPRATE PROFESSIONAL FOR LEGA~ TAX, ENVI-
RONMENTAL AND OTHER SPECIALIZED ADVICE.
DEPOSIT RECEIPT: Deposit of $
,19 by
bye
check 0 other
received on
S;ru/"Nof~~
OFFER: BUYER offen to pl.U'Chase the Property on the above tams and conditions. Unless acceptance is signed by SEI..LER. and _ signed
copy delivered to BUYER. or BUYER.'S agent no later than 0 &om. 0 p.m. on , 19 , BUYER
may revoke this offer and receive a refund of all deposits..
Date: ll" g'1. t 31.
r.nmpnny, Inc. TaxIDNo:
eel~~n~g~ ~~~c681~la~~~07-364 1423
Date: /!!J/.zllqr
I
Telephone:
Tax ID No:
Facs1mlle:
ACCEPT ANCB: SELLER accepts BUYEn. OS offer and agren to sell the I'roperty on the above ten:ns And conditions( Q subject to the
attached counter offer).
':>ate: 5' - // - 9' \- SELLER; CO ,,,-de J/H<>." I-r- co f- P g (" 0 ~ c
Title: i/. , Telephone:
Address:
Tax ID No:
Fac:s1m11e:
:Jate:
Telephone:
Tax ID No:
Fac:sf.mi1e:
De ElCMtu A..oa.tloe of Jla.tJ.toftla aaIlaa _ rep-.atadOD.. ...&h.I...... va1id.ity OC'"e.r-c7.1 &1\7,1'O\IU.IGa rJ Ibb 10... Jft -r s,-anc k&uacd_ nu.
tuwf.arciUe4 10111\ ahol&l4",At b. 1lMClIA _plea tnAwdiOM ow with .......a- rtdaa.......w.-."... (oem U ....aII&!>1&....... "Y the _Un ....1 ascaw 1A4yatry aAd b
,0( u.a...dc4 to Wantafy the UHr... . StaAL TO"'1U!A1. TOR. .. a np....... coUecttv. .._\ eahlp ....... ~ -r be ~ 0Al,y ~ ruJ nLllt.lIcellHn wllo....
\.Wlt.aa 01.... NA TIONA L ASSOCIATION OP ilEAL TOIlM ...... wtwa luINcdbc ID II. Co4e 01 EthkA.
he cop)'r1&t>t Ia,,? 01 me Unlcad States (17 US c.ocs.) fooobIcllha una"thort&H .........ucdoa ol........... by...,. -indudIns ~ or c:ocnpu~a1Zed lonns.
1993 FIodd.a ANod&Hon of ~L~An Q.ishta R.served
0, a.... n5025, Orlando, FL 32.11n.~ .--
..11 ~
August 24, 1995
Mr. Jim Vander Woude
Wooden Shoe Realty, Inc.
430 North G Street
Lake Worth, FL 33460
Dear Mr, Vander Woude:
RE: High Ridge Park of Commerce
The Kilpatrick Company, Inc, or its assigns ("Buyer") is pleased to present to
Wooden Shoe Realty, Inc. ("Seller") the following proposal to purchase land
in the High Ridge Park of Commerce in Boynton Beach.
The following highlight the basic tenus and conditions:
1. Parcel Acreage and location---- The parcel of land consisting of the fIrst
three (3) lots on the north side, beginning at the intersection of High Ridge
Road and Commerce Road containing 3.229+/- acres located in the High
Ridge Park of Commerce, Boynton Beach (the "Property"); ,
2. Zoning---- The Property is currently zoned to penrut the construction and
operation of a 40,000 square foot corporate headquarters for pump, irrigation
supplies and turf equipment, as well as the sales, service and maintenance of
same;
3, Price and Terms----$3.00 per square foot of useable real property, the
exact square feet to be ascertained by survey, as an all cash transaction;
4, Closing----Within fIfteen (15) days after acceptance by Buyer of a
commitment letter approving a construction and permanent loan to build on
the Property, and within fifteen (15) days after the Contingency Period,
whichever last occurs;
5. Time Limit of Offer----This proposal is valid until 5:00 p.m"
Wednesday, August 30, 1995. Buyer reserves the right to withdraw or
change this offer without notice at any time prior to its receipt of this letter
signed by Seller;
Affiliated Corporations:
Boynton Pump & Irrigation Supply, Inc, Kilpatrick Turf Equipment, Inc. Kilpatrick Property Trusts
The Kilpatrick Company, Inc. 322 Northeast Third Street Boynton Beach, Floida 33435 (407) 732-9815 FAX (407) 364-1423
6, Approved Use----Closing is subject to approved use by municipal
authorities and other applicable licensing agencies;
7. Condition of Land----Seller is unaware of any encumbrances, covenants,
or restrictions that would prevent Buyer' s inte~ded use, Seller is unaware of
any environmental problems, protected plants, or protected animals (including
turtles) that would adversely impact Buyer's intended use, If any problem
regarding the condition of land is discovered during Buyer's contingency
period that adversely affects Buyer's intended use, then the Buyer may at its
sole discretion declare this agreement null and void and receive a full refund
of the deposit;
8. Services----Seller agrees to extend water and sewer feeder lines sufficient
for Buyer's intended use to the boundary of the Property. All other utilities
are available at the boundary of the Property;
9. Contingency Period----Buyer shall have 45 days from the date of
acceptance . of this letter ("Contingency Period") in which to conduct
inspections of the Property, including but not limited to, soil testing, title
review, zarling and survey, Buyer shall have the right, in its sole discretion,
to terminate the Purchase Agreement (hereinafter defined) at any time prior to
the expiration of the Contingency Period by delivering written notice to
Seller;
10. Deposit----On the signing of this proposal, a fully refundable cash
deposit of five percent (5%) of the purchase price or $21,100,00 (the "Initial
Deposit"), will be deposited in escrow with Seller's escrow agent (the
Escrowee). The Initial Deposit will be fully creditable at the closing and fully
refundable until the expiration of the Contigency Period or the failure of
Buyer to receive a commitment letter for a construction/permanent loan
satisfactory to Buyer,
On the expiration of the Contingency Period or the ConstructionlPermanent
Loan Period, whichever last occurs, the Initial Deposit shall become non-
refundable (except in the case of Seller's breach or failure to satisfy any
conditions precedent to closing) and an additional non-refundable cash
deposit of five percent (5%) of the purchase price or $21,100.00 (the Second
Deposit) will be deposited in escrow with the Escrowee and will be fully
creditable at the closing;
11. Construction/Permanent Loan Period----Buyer shall have 60 days
from acceptance by Seller of this proposal to secure acceptable financing on a
construction/permanent loan, the failure to secure same resulting in
cancellation of the Purchase Agreement' and refund of the Initial Deposit.
Seller, at his sole discretion, will consider an additional 30 day extension if
Buyer is pursuing financing and has an accepted commitment letter from the
bank at the end of the 60 days~
12, Brokerage----Buyer and Seller represent and warrant to each other that
they have not dealt with or employed the services of any real estate broker in
connection with this transaction other than Commercial Florida Realty
Partners, Inc., whose commission shall be paid by Seller at a fee of four
percent (4%) of the total sales price~
13. Expenses----Seller shall be responsible for the payment of all
documentary stamp taxes and for the premium for an Owner's Title Insurance
Policy. Each party shall be responsible for its attorney fees;
14. Agency Disclosure----Pursuant to Chapter 475, Florida Statutes,
Commercial Florida Realty Partners, Inc, hereby give notice that it is the
agent and representative of the Buyer of the land which is being considered
for purchase;
15. Other Offers----Seller agrees that during the pendency of this Letter of
Intent, Seller shallno,t actively solicit other offers to purchase the Property;
16. Confidentiality----It is agreed between Buyer and Seller that neither the
prospective purchase nor any of the terms and conditions of this proposal
shall be disclosed by Buyer or Seller to any person or entity other than to
officers, employees, or agents of the Buyer;
17. Required Buffer-,.--In the event approval or licensing authorities require
a buffer to be constructed at or between the northern boundary of the property
line and that of the owner(s) of the property to the north of Property, Buyer
has the option to void this letter of intent and any Purchase Agreement
entered into and receive back any deposit momes placed in escrow m
connection with the purchase of the Property~
18. High Ridge Road EntranceJExit----Closing on the Property shall be
contingent on approval by municipal or other licensing authorities permitting
Buyer to have an entrance/exit off of High Ridge Road at or near the north
property line~ -
19. Fill----In the event fill is needed to bring the building site up to the
minimum elevation as required by local codes, then Seller will allow Buyer to
move fill from another location of Seller's adjacent lands (65 acres). The
quantity and location from which to remove fill shall be at the discretion of
Seller.
If the above terms and conditions are acceptable to you, kindly so indicate by
signing, dating and returning an original of this proposal letter. The parties
acknowledge and agree that the purpose of this letter is to outline terms,
conditions and provisions under which Purchaser and Seller would consider
entering into a contract of sale, This letter serves only as an expression of
interest and shall not be construed as a contract or any other type of
agreement and is therefore non-binding between the parties. .
Please feel free to contact me upon your review of the above,
Sincerely,
Accepted and Agreed to:
'- Ne.