LEGAL APPROVAL
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AGREEMENT
This Agreement entered into this' OUAday of June, 1990, by
and between STONEHAVEN HOMEOWNERS AS~riON, INC., a Florida
corporation ("Association") and BILL R. WINCHESTER ("Winchester")
and MICHAEL A. SCHROEDER, TRUSTEE ("Schroeder").
WHEREAS, there are currently pending before the City of
Boynton Beach, Florida, applications for Annexation, Future Land
Use Element Amendment, Rezoning and Comprehensive Plan Text
Amendment for projects known as "Boynton Beach Boulevard PCD" and
"Knuth Road PCD" and an application for Future Land Use Element
Amendment from "Low Density Residential" to "Medium Density
Residential" and rezoning from PUD with a Land Use Intensity of
four (4) to PUD with a Lan~ Use Intensity of five (5) to allow
for the construction of 192 mUlti-family dwelling units and a
church with respect to the project known as "Tara Oaks PUD"; and
WHEREAS, Schroeder is the Applicant with respect to the
application, known as "Boynton Beach Boulevard PCD" pending
before the city of Boynton Beach, Florida and is the Contract
Purchaser of the property which is the subj ect of the Boynton
Beach Boulevard application; and
WHEREAS, Winchester is the Applicant with respect to the
application known as "Knuth Road PUD" pending before the City of
Boynton Beach, Florida and as a general partner of the
Partnership which owns the property which is the subject of the
Knuth Road PUD application can bind the owner of same; and
WHEREAS, Winchester is the Applicant with respect to the
application known as "Tara Oaks PUD" pending before the City of
Boynton Beach, Florida and is the Contract Purchaser of the
property which is the subject of the Tara Oaks PUD application;
and
WHEREAS, Association represents the property owners within
the residential development known as "Stpnehaven PUD" lying
within the City of Boynton Beach, Florida; and
WHEREAS, Association is entering into this Agreement after
having a membership meeting at which a quorum was present and
having received the approval of a substantial majority of its
members as evidenced by a signed petition; and
WHEREAS, Association and its members have had the
opportunity to review the various applications and to make such
inquiries with respect to same as they deemed appropriate
including meeting with representatives of the applicants; and
WHEREAS, Association is opposed to the development of the
property which is the subj ect of the "Boynton Beach Boulevard
PCD" as high density residential and to the development of the
property which is the sUbject of the "Knuth Road PCD" property as
moderate density residential as contemplated by the current
comprehensive Plan; and
WHEREAS, Association wishes to evidence its support for the
approval of the application with respect to "Boynton Beach
Boulevard PCD", "Knuth Road PCD", and "Tara Oaks PUD" provided
the Applicant with respect to each of same agrees to assure the
Association that such Applicant will, subj ect to the terms and
conditions set forth below, cause certain improvements (described
below) to be made on the real property which is the subject of
such application and on the real property of the Association
adjacent thereto; and
WHEREAS, Winchester and Schroeder wish to assure the
Association that they, respectively, will, SUbject to the terms
and conditions set forth below, cause such improvements to be
made. '
NOW, THEREFORE, in consideration of the mutual covenants
herein set forth, the parties agree as follows:
I. "Bovnton Beach Boulevard PCO".
A. Schroeder agrees that, provided the requisite
final government approvals for the Boynton Beach Boulevard PCD
application are obtained, he, as the developer/owner thereof,
shall make, or cause to be made, the following improvements and
other arrangements in connection with the development of the
property which is the subject of the Boynton Beach Boulevard PCD
application:
(1) The installation of a minimum twenty-five
(25) foot wide landscape buffer between the project and
Stonehaven PUD along the entire length of the adjacent property
lines. Buffer shall include:
(a) Four (4) foot high berm;
(b) six (6) foot high masonry wall located
in the center of the buffer;
(c) Barbed wire barrier on top of the wall
subject to city of Boynton Beach approval;
Cd) Landscaping which consists of a minimum
of two (2) rows of shade trees twelve (12) to fourteen (14) feet
in height at time of planting, located on thirty (30) foot
centers. One row shall be placed on each side of the wall. Tree
location shall be staggered to provide the effect of fifteen (15)
feet on center separation.
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(e) Construction of wall and berm shall
occur simultaneously with site preparation and prior to the
commencement of construction of any buildings.
(2) Maintenance of the wall, berm, and
landscaping on both sides of the wall shall remain the obligation
of the developer/owner.
(3) All Australian pines within fifty (50) feet
of the Stonehaven PUD property line along Banyan Creek Circle
North and within the southernmost ten (10) acres of the Boynton
Beach Boulevard PCD shall be removed by the developer/owner upon
initial approval of the application by the City Commissioners of
Boynton Beach, Florida.
(4) Entry ipto and maintenance in effect of a
contract to provide continuous rodent and pest control, such
contract to be entered into prior to commencement of closing/site
work to cover all of the property which is the SUbject of the
Boynton Beach Boulevard PCD application.
(5) Building heights will be limited to one story
(maximum 25 feet) for anchor store only, balance of shopping
center to be maximum of twenty-two (22) feet high.
(6) All lighting shall be of low intensity and
shall be shielded and directed away from surrounding properties
and rights-of-way.
(7) The architectural treatment at the rear of
the shopping center is to match the front of the shopping center.
(8) Screening and noise mitigation is
provided for all exterior mechanical equipment and to be
at ground level if approved by the City Commission,
Boynton Beach, Florida.
to be
located
City of
B. In consideration of the foregoing promises, the
Association endorses the "Boynton Beach Boulevard PCD"
application and requests that the members of the City Planning
and Zoning Board and City Commission approve it.
II. "Knuth Road peD".
A. Winchester agrees that, provided the requisite
final government approvals for the Knuth Road PCD application are
obtained, he, as the developer/owner thereof, shall make, or
cause to be made, the following improvements and other
arrangements in connection with the development of the property
which is the subject of the Knuth Road PCD application:
(1) A six (6) foot masonry wall shall be built
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,
adjacent to the east right-of-way line of Knuth Road from
stonehaven PUD's north property line (adjacent to office
building) south along the north right-of-way line of the LWDD L-
25. The Association agrees to assist the developer in obtaining
approval to include this wall section in the development plans
for Knuth Road PUD subject to appropriate impact fee credits.
However, if impact fee credit can not be obtained, the
developer/owner shall construct this wall from his funds. Where
said walls meet at Knuth Road and Stonehaven Drive the placement
of said walls shall be done in manner reasonably suitable to the
Association. It is the intention of the Association that these
walls conform with the existing layout of the present entrance
into Stonehaven PUD and to accommodate IQcation of guard gates.
[See II.A. (4) (c) below.]
(2) The Knu:th Road PCD property owner shall be
required to provide maintenance for said walls for five (5)
years.
(3) Construction of the wall shall occur
simultaneously with site preparation and prior to the
commencement of construction of any buildings.
(4) The owner of the Knuth Road PCD property will
participate as follows in providing additional security of
Stonehaven PUD:
(a) Assist in preparing applications and
seeking approval for the abandonment by the Ci ty of Boynton
Beach, Florida, of Stonehaven Drive from Kn4th Road to LWDD L-25
to secure the safety, well being and property values of the
residents of Stonehaven PUD. These applications will commence
upon approval of this project by the City Commission of Boynton
Beach, Florida.
(b) Construction of the following masonry
wall segments which shall occur simultaneously with site
preparation and prior to the commencement of construction of any
buildings and (Which will not be subj ect to any impact fees
credits):
1. A section of a six (6) foot high
masonry wall identical to wall in II-A-(l) fifty (50) feet in
length extending from the east right-of-way of Knuth Road
adjacent to the existing office building parking area along the
north property line of Stonehaven PUD.
2. Construction of a six (6) foot
masonry wall identical to wall in II-A-(l) along the north right-
of-way line of LWDD L-25 from a point parallel with the east
property line of "Tara Oaks PUD" easterly to the west right-of-
way line of Stonehaven Drive. Said wall section shall commence
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from the termination point of the wall section referenced in
section III below and will be the obligation of "Tara Oaks PUD".
3. Construction of an identical wall
extended from the east right-of-way of Stonehaven Drive along the
north right-of-way line of LWDD L-25. This wall shall be of an
appropriate length, not to exceed fifty (50) feet, in order to
create a suitable accented entry.
4. Provide landscaping to the extent
possible adjacent to the wall sections subject, to a final
determination of land area available. Provide landscaping in the
form of twelve (12) to fourteen (14) foot shade trees on thirty
(30) foot center in those areas where adjacent property is
available within Stonehaven PUD and agrees to provide maintenance
for said walls for five (5) .years.
(c) Upon a successful completion of the
abandonment of Stonehaven Drive, the developer/owner of the Knuth
Road PCD property contribute to the cost of the construction of
guard gates at the north and south entrances to Stonehaven PUD up
to a maximum of Thirty-Five Thousand Dollars ($35,000.00). Type
and style of guard gates along with the type of electronic
entrance systems to be used with these guard gates will be
determined by the Association. Upon completion of construction
of all walls required to be built pursuant to this Agreement, the
developer/owner of the Knuth Road PCD property shall deposit into
escrow, with an escrow agent reasonably acceptable to the
parties, the Thirty-Five Thousand Dollar ($35,000.00) amount
contemplated by this Agreement. These funds shall be held in an
interest bearing account. Funq,s shall be disbursed from this
account, in an amount up to Thirty-Five Thousand Dollars
($35,000.00), in satisfaction of the Knuth Road PCD property
owners obligation to contribute toward guard gate construction
costs as set forth in this paragraph. Upon completion of
construction or disbursement of Thirty-Five Thousand Dollars
($35,000.00), in the aggregate, the remaining funds shall be
released to the Knuth Road PCD property owner.
(5) Installation of a traffic light in accordance
wi th governmental requirements at the intersection of Boynton
Beach Boulevard and Knuth Road.
B. In consideration of the foregoing promises, the
Association endorses the "Knuth Road PCD" application and
requests that the members of the City Planning and Zoning Board
and City Commission approve it.
III. "Tara Oaks PUD".
A. Winchester agrees that, provided the requisite
final government approvals for the Tara Oaks PUD application are
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obtained, he, as the developer/owner thereof, shall make, or
cause to be made, the following improvements and other
arrangements in connection with the development of the property
which is the subject of the Tara Oaks PUD application:
(~) Construction of a six (6) foot masonry wall
along the north right-of-way line of LWDD L-25 from the east to a
point parallel with the east property line of "Tara Oaks PUD".
It is the intent that his wall section connect with the
stipulated wall section contained in the conditions of "Knuth
Road PUD". This wall shall be landscaped in the same manner as
the wall in II-A-(4)-(b)-4 and developer agrees to provide
maintenance for said wall for five (5) years.
(2) Creation of a twenty-five (25) foot wide
landscape buffer along the ,north property line adjacent to the
south right-of-way line of the LWDD L-25 Canal. That buffer will
consist of landscaping which consists of a minimum of two (2)
rows of shade trees twelve (12) to fourteen (14) feet in height
at time of planting located on thirty (30) foot centers. Tree
location shall be staggered to provide the effect of fifteen (15)
feet on center separation.
(3) No buildings shall be located closer than
forty (40) feet from the north property line of "Tara Oaks PUD".
This setback creates a minimum separation of one hundred seventy-
five (~75) feet from the most northerly building to the closest
individually owned south property line of Stonehaven PUD.
B. Based on the foregoing, the Association endorses
the "Tara Oaks PUD" application <;lnd requests that the members of
the City Planning and Zoning Board and City Commission approve
it.
IV. Miscellaneous.
A. Walls contemplated by this Agreement shall be
masonry walls provided by Anchor Wall Systems, or similar
construction, including pilaster caps on all columns with the
Association approving the color and texture on all such walls.
B. winchester and Schroeder agree to pay reasonable
attorneys. fees incurred by the Association for its law firm to
review this Agreement.
V. Aqreement to Run with Land. It is the intention of the
parties that the obligation to make the improvements and other
arrangements described in this Agreement, with respect to each of
the real properties which are the subj ect of the applications,
shall if the applications are approved, become covenants running
with the land and shall be binding upon the initial
developer/owner of the property and each property owner
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thereafter so long as that person or entity shall have an
ownership interest in the property . Neither Winchester nor
Schroeder shall be under any personal obligation to make, or
cause to be made, the improvements and other arrangements
provided for in this Agreement with respect to the real
properties which are the sUbject of the Boynton Beach Boulevard
peD, the Knuth Road PCD and the Tara Oaks PUD applications if the
provisions of this Agreement with respect to all of such
improvements and other arrangements are, by the filing of
appropriate instruments, made covenants of record running with
the land and binding upon the person or entity having fee simple
title to such real properties. The Association shall be entitled
to apply to a court of competent jurisdiction and to obtain
affirmative injunctive relief to enforce specifically the full
and timely performance of the obligations set forth in this
Agreement concerning the m~king of such improvements and other
arrangements and to enforce any such covenants of record. Any
provision hereof to the contrary notwithstanding, neither
Winchester nor Schroeder shall have any personal or other
obligation to make, or cause to be made, the improvements or
arrangements provided for in this Agreement as to any of the
properties, which are the sUbject of the referenced applications,
unless the application pertaining to the property in question
receives all final requisite government approvals and final
ordinances are adopted by the City of Boynton Beach with respect
to same.
(Winchester\Stonel.Agm\06/19/90)
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't) L--6
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
11: j'J'1^,:tr.r- fH,J
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, '1U-aJ J, (b 'r1vu , ,4 ~lJ DA r.:J
JUNE 19, 1990 11P~o
.J.q s _()D1
Description:
southwest corner
LAND USE ELEMENT AMENDMENT/REZONING/
TEXT AMENDMENT. Request to show
annexed land as "local Retail
Commercial" land use and to rezone
from AR (AgricUltural Residential) in
Palm Beach County to PCD (Planned
Commercial Development), to allow for
the construction of a 120,000 sq. ft.
shopping center.
Jim Golden, Senior Planner stated items E. and F. would be
presented together as their issues are similar. The
Planning & Zoning Board had voted to approve items E. and F.
That approval was subject to staff comments and continued
negotiation of the developer's agreement with the affected
property owners.
Staff recommended denial, the basis of which was outlined in
the staff report. Mr. Golden explained the specific reasons
for staff's recommendation for denial. The County had pro-
vided comments which had been provided to the City Manager.
Description:
Tara Oaks PUD ,
Kilday & Associates
John Lambert Van Hezewyk & Anita
Louise Van Hezewyk
East side of Knuth Road extended
south, between the LWDD L-25 and L-26
Canals
LAND USE ELEMENT AMENDMENT/REZONING:
Request to amend the Future Land Use
Element of the Comprehensive Plan
from "Low Density Residential" to
"Medium Density Residential" and to
rezone from PUD w/LUI=4 to PUD
w/LUI=5 to allow for the construction
of 192 multi-family dwelling units
and a church.
G. Project Name:
Agent:
Owner:
Location:
Mr. Golden proceeded to address the Tara Oaks PUD project.
This residential project is somewhat related to the Boynton
Beach Blvd. pcn and Knuth Road PCD projects. Mr. Kieran
Kilday of Kilday & Associates stated at the beginning of his
presentation he would address general issues which would
carryover to all three projects. These are different pro-
jects, however, and should be considered separately.
Mr. Golden explained the Planning & Zoning Board voted to
approve this request, subject to staff comments and the
Comprehensive Plan Amendment which incorporate the con-
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
ditions of approval to mitigate the impacts. itaff r.~om-
mended app~oval, but wieh . lower land use category, namely,
moderate density residential instead of medium density which
had been requested by the applicant.
Correspondence had been received from the County T~~~fic
Engineer, which indicated the ~!ic Study-dia-comply with
the County Ordinance. Reference was made to a memorandum
prepared by the City Forester which addressed the gopher
tortoise issue, of which a significant population exists on
the site. The question had been raised as to whether these
should be preserved on the site or relocated. Mr. Golden
noted no site existed for relocation of the population.
Vice Mayor Wische asked why the Commission ~las just being
advi.ed of the 90pher tortoise situation. Mr. Golden
responded the Comprehensive Plan required the developer to
hire a consultant to do an environmental analysis, including
endangered species. This is done prior to development and
hasn't taken place in this instance yet. Staff will
generally do a preliminary reconnaissance even though they
do not have full expertise on staff to do these studies.
Mr. Golden didn't recall this coming up when the original
PUD was approved. Discussion ensued. I
City Manager Miller pointed out the environmental concerns
have to be met before developmental orders can be issued by
the City. To have a developer undertake studies at his own
expense prior to the site plan process can end up being a
heavy cost as well as b~rden the whole process.
Mr. Cannon remarked discussion had taken place with the
applicant and he felt they had arrived at a way to allow for
preservation of the population on the site.
Discussion took place about the difference between moderate
and medium density for the project. Relative to calculation
of the density, Mr. Golden stated it would be 9.68 for the
entire PUD which would include the church site and the water
tracts south of S.W. Congress Blvd. The actual density,
since they are putting all the units north of S.W. Congress
Blvd. would be higher.
Mr. Kieran Kilday proceeded to address the locations of
items E., F. and G. He produced numerous maps of .the area
and stated they were in the process of consolidating the
parcels to bring them into the City in the next few months.
He pointed out where one of the parcels was wrapped by
existing City boundaries. Another parcel abutts City pro-
perty on its east line. As such, these parcels normally
would be annexed when they came in for any sort of water
service agreement.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
Mr. Kilday made available a synopsis of each project which
provided the response the developer had produced on the
Planning concerns of staff. A fact sheet on the projected
tax revenues was also made available as well as information
on employment estimates. Also provided was an updated, exe-
cuted agreement between Stonehaven Homeowners Association
and Messrs. Winchester and Schroeder. aetween 107 and 109
property owners had signed in support of this agreement.
It was noted that all three of the projects abutt Stonehedge
PUD or Banyan Creek. Mr. Kilday referred to an effort to
provide mitigation where the projects would abutt those
residential developments. He stated the conditions offered
in the executed agreement were being offered as conditions
of any approval at this meeting. Not only would they be
between the two parties but Mr. Kilday stated they would
have the force of the City.
, /
Remarks were made about Stonehaven Drive. The residents
currently have a problem related to one existing shortcut
which exists to avoid the intersection. Up until the
current time, the Fire and rescue services had said it's
good to have an alternative. In the agreement, the deve-
loper \laS agreeing to build all of Knuth' Rd. from where it
terminates to Woolbright Rd. Once this is done, there is no
good reason for people to be cutting through neighborhoods.
Based on this, the homeowners were interested in privitizing
their roads.
Mr. Kilday proceeded to.make specific comments on the three
individual projects:
Boynton Beach Boulevard PCD
In laying out the site, the main concern was that the acti-
vity areas, signage and lights all be toward the
intersection which is already commercialized. In doing
that, service ends up at the rear of the buildings. To
accommodate that, Mr. Kilday stated they tried to keep the
buildings away from certain areas as well as provided signi-
ficant buffered areas. The buffered areas would be a mini-
mum of 25' wide. Within that space, a 4' high berm would be
built up with a 6' wall on top of the berm. If the deve-
loper can obtain appropriate approval, they had agreed to
put barbed wire on the back wall. They had agreed to pro-
vide a landscape program, including a street scape program
on both sides of the project. Mr. Kilday stated they would
provide an access easement to provide access to the Post
Office.
Mayor Moore requested input from the public.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
Mr. Roger Bennett, President of Stonehaven Homeowners Assoc.
stated 109 of the 166 homeowners in his development were in
favor of the three projects as presented and as a whole
agreement. He referred to efforts made to mitigate impact.
By supporting these projects, Mr. Bennett felt the residents
had a chance to control what is around their community.
Remarks were made about the zoning and negative possibili-
ties that Mr. Bennett felt existed if this were not
approved. Other remarks were made by Mr. Bennett about pri-
vitizatfon and traffic problems which have existed. Mr.
Bennett polled the Commissioners on how they individually
felt about the privitization. Most of the Commissioners
responded favorably, so long as the Fire and Police Depts.
accessibility and safety concern. were met.
Discussion took place among the Commissioners on how to
organize the input from the public and time limits on
speaking. It was noted on each of the three projects, a
total of 30 minutes would be allowed. This would include 10
minutes for the developer's presentation, ten minutes for
those in favor to speak and ten minutes for those in opposi-
tion to speak.
Cormac Conahan, representing Boynton JC1, owners of the
Boynton Beach Mall produced a letter expressing objection to
all three amendments. He stated they would address this
topic again when the projects come back for another hearing,
after DCA review. Mr. Conahan didn't think this was before
the Commission in a timely fashion. He felt traffic impacts
in certain intersections do not support the proposal at this
time and it was inconsistent with the Comprehensive Plan,
as well as County and State provisions. He referred to
other development which is way ahead of this in terms of
already approved projects, which will impact the traffic
issues.
Mr. W. Mark Barry, Vice President of North American
Acquisition Corp. addressed the Commission. He stated they
were an investment company and were the owners of the
Boynton Plaza which is the publix shopping center at the
corner of Boynton Beach Blvd. and Congress Ave. Mr. Barry
was in opposition to Agenda items E. and F. (the two
shopping centers). He felt additional retail development
would bring hardship to existing tenants of shopping centers
in the area. He referred to an over supply of retail space
and vacancy rates. Comments were made about excess retail
development impairing future development in the community,
including the redevelopment of the downtown area.
Barbara Alterman, Assistant Palm Beach County Attorney
stated she didn't intend to speak for or against the appli-
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
cations but she needed to bring something to the
Commission's attention. The Municipal Implementation
Ordinance was adopted by the Board of County Commissioners
on February 1, 1990. That Ordinance requires that any
application must be complete prior to February 1, 1990, in
order for a project to be considered exempt from the 1990
Traffic Performance Standards. Based on the County's
understanding, the application for this project may not have
been complete prior to February 1, 1990. Therefore, the two
shopping center projects would not be considered "previous
approval" and would be subject to the 1990 Traffic
Performance Standards.
Mayor Moore asked Tim Cannon, Interim Planning Director if
this application had been filed timely. Mr. Cannon
responded they were filed timely. The question is how you
define complete. The~ found the applications to be substan-
tially complete and went ahead and started processing. They
did make a list of items that \iere missing. The applicant
and County were provided with that list. Mr. Cannon stated
in their judgement, the applications were complete enough to
start processing them. They considered them to be complete.
Ms. Alterman noted nothing had been submitted officially yet
to Palm Beach County. At such time as the City approved a
development order on these projects, the City was required
under the Ordinance to submit to the County a previous
approval determination, if so desired. Then the County had
a certain amount of time to evaluate and determine whether
it agreed with the dete~mination or if they wished to
challenge it. Ms. Alterman had spoken to Mr. Kilday who had
indicated the developer really couldn't take a 30 day post-
ponement. The County requested a condition be added to any
development order the City might approve, that would state
if not found to be a previous approval, the developer would
have to meet the traffic performance standards for 1990.
The Mayor asked if the County arbitrarily and unilaterally
makes that decision. Ms. Alterman replied they do not. She
stated, according to the Ordinance, guidelines are set forth
and if necessary, there could be a challenge.
Discussion took place on the definition of complete as
defined in the Ordinance. Ms. Alterman was present to alert
the Commission to the fact that there was information which
indicated the applications may not have been complete in
time. They were not making that determination at this
point. She asked the Commission to consider that when they
were considering approval.
Mr. Phil Leslie, President of COBRA didn't feel these plans
conformed with the City or County Comprehensive Plans, nor
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
COBRA's recommended growth control. He stated there was no
need for the.. projects aa the Boynton Beach Mall was just a
short distance away and there were numerous other shopping
centers in the area. Remarks were made about negative
impacts on residential areas such as increased traffic,
noise, litter, etc. Mr. Leslie referred to some nearby
residents expressing support for these projects and the fact
that the developer was willing to spend a considerable
amount of money doing certain things for those sUbdivisions.
THE PUBLIC HEARING WAS CONCLUDED on Boynton Beach Blvd. PCD.
It waS announced that an advertised Public Hearing will be
held atter the land use amendment is reviewed by the DCA.
Discussion took place with Mr. Kilday about the applications
having been submitted prior to February 1, 1990 and Mr.
Kilday remarked they were deemed to have been complete
applications. Mr. Kilday referred to a lag in time in the
City getting its concurrency ordinance and the County sub-
sequently not receiving an important list of projects from
the City.
Commissioner Olenik asked if the Commission approved this
project, would they be placing the Sear~ project further in
jeopardy relative to the Traffic Performance Standards
Ordinance enacted February 1, 19901 He noted the Regional
Planning Council had objected to the project based on traf-
fic impacts. The City was taking the matter to the Governor
and his cabinet for an appeal. He asked how County staff
would perceive this. M~. Alterman did not believe any
approval on this project would affect the DRI project. She
repeated if this is a complete application, the 1990 stan-
dards would not apply to it. If it was not a complete
application, these projects would have to comply with the
new standards. It would not affect the DR! in any way.
Ms. Alterman understood the application had been filed on
January 31, 1990. The Ordinance went into effect the next
day. She thought there was certain scrutiny that goes on
and she stated there had been indications from staff on both
sides that there may be some problems with the application.
In response to a question raised, Mr. Cannon noted if the
application was found to not have been completed in a timely
fashion, and they had to adhere to the 1990 standards, this
would mean toe developer would have to make additional
improvements to some of the roadway links or possibly reduce
the square footage of the projects.
Mayor Moore was concerned that the County was raising this
issue so late in the process. Ms. Alterman referred to the
contents of a June 5, 1990 letter to Jim Golden from Allen
Enis, Traffic Engineer for Palm Beach County which raised
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
certain issues. Discussion ensued. Commissioner Olenik
remarked if the Commission chose to approve these projects,
it really had no bearing on certain issues between the deve-
loper and the County.
Knuth Road PCD
Mr. Kilday explained that in the County's Comprehensive
Plan the northern 450' had a commercial high-intensity
designation. The back portion of the site had a designation
to allow commercial recreation because of an existing
approved development plan that would allow for the develop-
ment of a golf and tennis center on that site. Mr. Kilday
stated he did not believe this use was the best use for the
site. providing a golf driving range with lights and night
use, he believed would be a bother to residents. The deve-
loper had therefore asked for approval of a PCD.
The City's Comprehensive Plan indicates the front 250' of
the project should be allowed to develop as local retail
commercial and the south part of the project should be used
for moderate density residential. Mr. Kilday stated the
neighbors needed to chose whether they wanted moderate den-
sity to the west or whether they wanted~igh density located
next to the Post Office. Comments were made about an
existing 6' chain link fence and landscaping between Quail
Ridge and the north side of the site. Mr. Kilday also
referred to an existing 30' road right-of-way which had
never been developed along the west property line. This
resulted in a 55' buffet along the west line and a 25'
buffer along the south. Because of the golf course area,
the nearest residence would be 450' to the south. To the
west there were no residences between the site and the main
access road to Quail Ridge.
Mr. Kilday explained the location of a wall the developer
had agreed to provide for the Stonehaven development. Also,
upon privitization of the roads, contributions would be made
toward that development's guard gates. The developer had
asked that either Knuth Road PCD or Boynton Beach Blvd. PCD
(Whichever project moved first) be responsible for the
construction of Knuth Road down to Woolbright Rd. Mr.
Kilday clarified the responsibil.ity for the segment north of
the residential project should be picked up by the commer-
cial center.
Mayor Moore asked if there was any public input.
Cynthia Greenhouse, 618 N.E. 13th Avenue, Boynton Beach
stated her Planning & Zoning Board vote in support of the
two PCD projects was predicated on specific language being
- 11 -
--------------------".------- ---- ---. -~-,.~---_._--_.-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
placed on the Master Plan before the Chairman of the
Planning & Zoning Board signed it. This language dealt with
the projects being required to comply with applicable County
traffic standards. She stated this issue should not be a
surprise as it was discussed at great length by the Planning
& Zoning Board. Mrs. Greenhouse noted the developer was
creating the impact and he should be responsible for
completing the road links. Mr. Kilday responded the
loper would meet all requirements of the Ordinances.
.tood by the language put on the Master Plan. Other
were made.
deve-
He
remarKS
Malcolm Sullivan, 3628 Royal Tern Circle, Boynton Beach,
President of the Quail Ridge Property Owners Association
stated their Association was concerned that should this be
developed as proposed, residents would find themselves
staring at the unattractive rear of an expansive building
with dumpsters, loading noise, etc. Mr. Sullivan didn't
feel the proposed plans complied with the City's Future Land
Use Plan and he thought the plans should be denied. He was
very concerned about the conversion of Knuth Rd. into a
narrow, major thoroughfare through a succession of residen-
tial complexes.
-
As there was no further input from the public, THE PUBLIC
HEARING WAS CLOSED.
It was announced that a second Public Hearing will be adver-
tised and held prior to the adoption of the Land U5e
Amendment.
Commissioner Olenik asked if a retail oil/lube type
establishment could be built there if these two parcels were
rezoned to PCD? Mr. Cannon responded affirmatively and
explained. Discussion took place regarding current zoning,
potential increases to the tax base and vacant commercial
properties that exist. Mr. Kilday stated in order to get
financing for these projects they would have to have tenants
"in hand."
Commissioner Olenik expressed concern relative to the large
farcel on Winchester Park and Boynton Beach Blvd. Although
not directly related to the items on the current Agenda, he
requested enlightenment on what that parcel might bring. He
thought that could impact smaller parcels on Boynton Beach
Blvd. Mr. Kilday explained those properties were designated
high intensity commercial in both the City and County Plans.
Mr. Kilday stated he could probably withdraw the two appli-
cations on the Agenda (West Boynton Beach Blvd.
Retail/Oil-Lube and Old Boynton Road/Congress Avenue Service
Station), because those pieces have been absorbed in the
- 12 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
greater project. HPo referred to a single project of unified
architectural theme. Their planning was to hold a pre-
application conference by mid-July for Treasure Coast.
APplication would be made shortly thereafter. Mr. Kilday
remarked the developer had no problem with restricting the
auto service use from both of the subject sites.
Discussion ensued among the Commissioners. Commissioner
Weiner thought if these projects were approved, it would
have a negative impact on downtown redevelopment.
Motions on Boynton Beach Blvd. PCD
In connection with Item E., the Boynton Beach Blvd. peo,
Commissioner ol.nik moved to approve the Land Use Element
Amendment to show the annexed land from Agriculture
Residential to peDe Vice Mayor Wische seconded the motion.
It was noted the PCD will still have to come back before the
Commission for Site Plan approval. A comment was made about
the possibility of this being approved and then the owner
selling the land. If this were to occur, the benefits to
Banyan Creek might not take place. Mr. Kilday responded
this was addressed in the agreement and.he had asked that
these conditions be placed in the zoning so it would automa-
tically bind any future owner to those same agreements.
Mr. Kilday read out loud the exact language which would run
with the land. City Attorney Cherof noted the City was not
a party to this agreement between the developer and the
adjoining subdivisions..
Mayor Moore called for a vote on the motion. The motion
carried 4-1. Commissioner Weiner voted against the motion.
A few minutes later Commissioner Weiner stated she wiShed to
change her vote. The final vote on this motion was there-
fore 5-0.
Commissioner Olenik moved to rezone the parcel known as
Boynton Beach Blvd. PCD from Agriculture Residential in Palm
Beach County to PCD within Boynton Beach. The motion was
subject to staff comments and representations made by the
developer. Vice Mayor Wisch€ seconded the motion. The
motion carried 5-0. Commissioner Weiner later stated she
wished to change her vote. The final vote on this motion
was therefore 4-1.
Commissioner Olenik moved to amend the text of the Boynton
Beach Comprehensive Plan pursuant to Planning Dept.
Memorandum No. 90-157. This was with the exception that
exterior mechanical equipment may be ground mounted. The
motion was seconded and carried 4-1. Commissioner Weiner
voted against the motion.
- 13 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
Mr. Cannon stated the property would have to be annexed
before the Commission could take final aotion on the land
use amendment and rezoning. It would appear on the same
upcoming Agenda.
In connection with the land use amendment, Mayor Moore
remarked there would be another advertised Public Hearing
after DCA review.
Motions on Knuth Road PCD
In connection with Item F., Knuth Road PCD, Vice Mayor
Wische moved to approve the Land Uae Element. Commissioner
Artis seconded the motion.
Commissioner Olenik expressed concerns over the composition
of Boynton Beach Blvd., west of Knuth Rd. He thought it
needed to be a less intense use. Other opinions were
expressed. Mr. Kilday stated in the final development there
were certain uses they would be willing to restrict on the
site. The Mayor called for a vote on the motion. The
motion carried 3-2. Commissioner Weiner and Commissioner
Olenik voted against the motion.
#
Vice Mayor Wische moved to rezone the property from
Agricultural Residential to PCD. Commissioner Artis
seconded the motion which carried 3-2. Commissioner Weiner
and Commissioner Olenik voted against the motion.
Vice Mayor Wische moved. to amend the Comprehensive Plan
language as recommended by staff. Commissioner Artis
seconded the motion which carried 3-2. Commissioner Weiner
and Commissioner Olenik voted against the motion.
In connection with the land use amendment, an advertised
Public Hearing will be held after DCA review.
Tara Oaks PUD
Mr. Kilday explained the plan currently approved for this
site allowed for 78 lots in a row on Knuth Road with two
cul-de-sacs coming out onto Congress Blvd. Knuth Rd. would
also connect to Congress Blvd. This plan, with those
restrictions, had been sitting dormant for some time. The
plan had been redesigned so as to protect the residential
property owners. All units had been taken from the south
side. Mr. Kilday pointed out on a map where a church was to
be located as well as a lake with open area. Modifications
on the plan met concerns of staff. He pointed out an area
inhabited by gopher tortoises and stated this would be set
aside, subject to State approval. They were asking for 192
- 14 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
units. Remarks were made about wa~s to be constructed to
~~ffeJ;'_ the property on the norths-ide-'of the canal area.
Additional landscape berming and an expanded setback of 40'
were pointed out. There will be no units abutting the sales 1/.')
project to the south. Knuth Rd. will be made to connect It '(''- ~
between the canal and Woolbright Rd. ./
Mr. Kilday pointed out alterations made to the plan since it
was approved by the Planning & Zoning Board~
Commissioner Olenik asked if staff had a problem with making
Congress Blvd. a cul-de-sac westward. Mr. Cannon noted he
had not ..en this plan. He had been prepared to suggest
they dedicate the right-of-way and only be required to build
it as a cul-de-sac. In the future, if the City chose, they
could build it through. In viewing the plans, Mr. Cannon
noted that would not be possible. Mr. Cannon stated it
~ppeared if habitat was provided for the tortoises, they
wouldn't get S.W. Congress Ave. The TRB had not reviewed
the cul-de-sac issue yet. Mr. Cannon remarked the net den-
sity on this project was about 15 to 17 units per acre.
Dtscussion ensued.
Mayor Moore asked if there was any input from the public.
Tom Marshall, 17 Tara Lakes Drive East, Boynton Beach,
President of the Tara Lakes Homeowners Association spoke in
opposition to the proposed increase in density. He thought
this would probably result in rental property which he
thought would negatively impact surrounding properties.
Approval of medium density would be granting a special pri-
vilege to the developer in view of surrounding densities and
would go against the Comprehensive Plan. A petition was
presented with signatures of 55 homeowners in opposition to
Tara Oaks PUD.
If the Commission decided to approve this project despite
objections raised by Tara Lakes, Mr. Marshall stated three
conditions should be made. 1) Southwest Congress Blvd.
should be terminated with a cul-de-sac. 2) No dwelling
units should be constructed south of the north edge of S.W.
Congress Blvd. 3) Lakes of Tara should be able to provide
input and approve the landscaping plans immediately adjacent
to the Lakes of Tara community. Mr. Marshall thought Mr.
Kilday kept diverting attention back to gratuities to be
provided. The real sentiment of the public in opposition,
;n his opinion, was being buried. Mr. Marshall stated his
homeowners association desired low density for that site.
Further discussion ensued about densities. Staff was recom-
mending this be retained at moderate levels. Mr. Cannon
- 15 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
~ stated there were also some amendments to the Comprehensive
Plan that the applicant had consented to and it-was recom-.
mended they be conditions of approval as well. Staff's
recommendation would provide for only 146 units per acre as
opposed to 192.
PeQ9X Lewi. Field, 1828 Edgewater Drive, Boynton Beach
stated she was a new homeowner in this area. She felt the
Planning & zoning Board had granted this d.veloper special
privilege rather than making the developer comply with the
rules. She asked why have advice from staff if their recom-
mendations are to be disregarded. She stated it gave the
appearance that minds are made up before the meetings take
place. Ms. Field referred to wetlands on the property. The
Dept. of Natural Resources requires all properties over one
half acre must have a permit to destroy wetlands prior to
development. She also understood that according to long-
time residents in the area, there was hazardous waste on the
property. Commissioner Olenik asked that the Commission
direct staff to follow up on this the next day. He urged
the pres. to be cautious about printing unsubstantiated sta-
tements. Ms. Field stated she had not verified the claim.
Ms. Fields thought the developer should~be required to put
sufficient funds in escrow to ensure privitization of
Stonehaven pun and protection of endangered species on the
property.
Stella Rossi, 625 Whispering pines Road, Boynton Beach spoke.
on behalf of the Coalition for Wilderness Islands. In con-
nection with relocation of the gopher tortoises, Mrs. Rossi
explained that prior development in the County had used up
the supply of relocations sites.
When the time limit to speak had expired, Commissioner
Olenik and Commissioner Weiner wished to allow Mrs. Rossi to
finish. Commissioner Olenik understood individuals were to
be given three minutes. The Commission this evening had
allowed ten minutes for each side but Commissioner Olenik
thought really at a Public Hearing any interested person
should be given three minutes to speak. There was
discussion among the Commissioners and Mrs. Rossi was
allowed a total of three minutes to speak. The Mayor
requested a copy of the speaking policy be put before the
Commission once and for all because he thought it kept
changing at the whim of the Commission.
Mrs. Rossi continued and stated moving species and their
food source had become very costly and had not proven suc-
cessful in the past. She realized there was a need for
homes. She also felt development should be done in a manner
- 16 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
that preserved open space and ecosystems. This would pro-
duce a better quality project for the welfare of the species
and the humans. Both objectives could be accomplished with
some of the conditions that had been discussed. Mrs. Rossi
recommended on-site preservation.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Weiner moved that the Tara Oaks PUD request to
amend the Future Land Use Element of the Comprehensive Plan
from "Low Density Residential" to "Medium Density
Residential" and to rezone from PUD W/LUI=4 to PUD W/LUI=5
to allow for the construction of 192 multi-family dwelling
units and a church be denied. The motion died for lacK of a
seC!ond.
Discussion took place. Mr. Kilday stated if he could agree
to moderate density, he would. The reason they came in at
medium density was related to the construction of Knuth Rd.
Mr. Kilday remarked the density had been moved to the
northern part of the site and there would virtually be no I .
density to the south. He needed the medium density in order
to provide the requirements desired. He couldn't go any
lower on the density. I
, (
. '
Relative to the road impact fees to be received on the two
PCD projects, Vincent Finizio, Administrative Coordinator of
Inspection & Engineering explained why those fees could not
be used to construct Knuth Road. City Manager Miller noted
there were other existi~g projects of higher priority. Mr.
Finizio stated when Tara Oaks said they agreed to build
Knuth Rd., based upon the statement put on their plans, they
would also be agreeing to comply with the County Engineer's
requirement to improve other links through road impact fees.
Other technical remarks were made about the roadways. Two
canal crossings, at the developer's expense, are also
involved in this project.
Mr. Kilday stated the developer'S whole stipulation pre-
sented was based on being able to do all three projects and
having each of the projects pick up some of the costs.
Mayor Moore asked if the developer had protection if
something broke down on one of the three projects, where
they wouldn't be annexed with a zoning classification where
they could develop the property. Mr. Kilday stated Tara
Oaks was in the City. If they couldn't come to a final
agreement on the other two projects, then they would use the
County plan which is heavier commercial.
- 17 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JUNE 19, 1990
Motion on Tara Oaks PUD
Vice Mayor Wische moved to approve the Land Use Element
Amendment/Rezoning request to amend the Future Land Use
Element of the Comprehensive Plan from "Low Density
Residential" to "Medium Density Residential" and to rezone
from PUD w/LUI=4 to PUD W/LUI=5 to allow for the construc-
tion of 192 multi-family dwelling units and a church.
Commissioner Artis seconded the motion.
Mr. Kilday explained the proposed church will be on the
corner of Woolbright Rd. and Knuth Rd. Mr. Kilday stated
language had been agreed to and it really needed to be
included in the motion. Staff'had developed alternative
language that tied the plan down to provide those items that
the neighbors felt were a must, such as keeping the units to
the north and providing for the gopher tortoises. Mr.
Kilday said he supported staff's suggested amendment in that
regard.
The Mayor called for a vote of all those in favor of the
motion. The motion carried 3-2. Commissioner Weiner and
Commissioner Olenik voted against the motion.
It was announced that an advertised Pub~ic Hearing will be
held prior to the adoption of this Land Use Amendment.
Mayor Moore declared a brief recess at 8:48 P.M. The
meeting resumed at 9:00 P.M.
H. Project Name:
Agent:
Owner:
Description:
Winchester Text Amendment
Kilday & Associates
Bill & Elsie Winchester
Florida Gas Transmission Company
Mall Corner, Inc.
Ernest Klatt & Bill Winchester
F. C. & Dorothy L. Mish
E. J. & Patricia C. Rascati
Marilyn R. Davis
Area bordered by Old Boynton Road on
the north, Congress Avenue on the
east, the LWDD L-24 Canal on the
south. and Knuth Road on the west
TEXT AMENDMENT: Request to amend Area
7.f of the Future Land Use Element
Support Documents to allow parcels
under three (3) acre size to be zoned
C-3 (Community Commercial) instead of
PCD (Planned Commercial Development)
if they meet the intent of the PCD
greenbelt standards.
Location:
The Planning & Zoning Board unanimously recommended approval
of this request.
- 18 -
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 at 7:30 P.M. on
Tuesday, April 12, 1988, at City Hall, Commission Chambers, Pineland
Plaza, 211 South Federal Highway, Boynton Beach, to consider a request
for REZONING covering the parcel of land described as follows:
Legal Description:
Tracts 121, 104 and 89 less the west 25.0 feet thereof: tracts 90, 103
and 122 less the east 260.0 feet thereof: tract 72 less the north 60.0
feet and less the west 25.0 feet thereof: Tract 71 less the north 60.0
feet and less the east 260.0 feet thereof: all being a portion of PALM
BEACH FARMS COMPANY Plat No.8,. recorded in Plat Book 5, at Page 73, -.
Public Records of Palm Beach County, Florida. Containing 20.16
acres, more or less (gross and net).
Also described as follows:
A parcel of land in Section 30, Township 45 south, Range 33 east, Palm
Beach County, Florida, being more particularly described as follows:
Commencing at the south quarter corner of said section run thence
north 01010'26" east along the north-south quarter section line 40.0
feet: thence east 40.0 feet to the point of beginning of the herein
described parcel: thence continue east 351.64 feet: thence north
01004128" east 2513.64 feet, to a point in the south right-of-way line
of Lake Worth Drainage District Canal L-25 as same is recorded in
Official Record Book 2063, at page 1416, Public Records of Palm Beach
County, Florida: thence south 89049100" west, along said right-of-way
line 347.30 feet to the easterly right-of-way line of a road right-of-
way as is recorded in Official Record Book 2075, at Page 572, Public
Records of t'alm Beach County, Florida: thence south 01010'26" west,'
along just said right-of-way line 2512.61 feet to the point of
beginning.
Containing 20.16 acres, more or less, (gross and net).
APPLICANT: Barry Barson, Lakes of Tara Development Corp.
AGENT: Robert A. Bentz/David W. Lockmiller, Land Design South
OWNER: J. L. and Anita L. Van Hezewyk
PROJECT NNffi: Tara Oaks
PROPOSED USE: Single Family Detached Residents
LOCATION: Northeast and Southeast corners of the proposed
intersection of Knuth Road and S.W. Congress Boulevard
REQUEST: REZONE from R-1AAA Single-family Residential District
to Planned Unit Development
A PUBLIC HEARING will be held by the City Commission of the City of
Boynton Beach on the above request on April 19, 1988 at 8:00 P.M. at
pineland Plaza, Commission Chambers 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 ver-
batim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. IVED
r> -... (, · T"I
\,' .,," .u .
...... ~~~,:-:.J --
-~,;.:;;.;:~....~..
cc: Mayor & Commission, City Manager, City Attorney, City Planner
J. Costeilo, Recording Secretary
CERTIFICATE OF CORPORATE RESOLUTION
The undersigned, DONALD M. KLEIN, as Secretary of LAKES OF
TARA DEVELOPMENT CORP., a Florida corporation, does hereby certify
that the following is a true and correct copy of a Resolution
adopted by the Board of Directors of said Corporation at a meeting
thereof, legally called and held in accordance with the By-Laws of
said Corporation:
RESOLVED, that BARRY BARSON, as President of the
Corporation, is hereby authorized to execute on behalf
of the Corporation any and all documents as may be
necessary and appropriate to accomplish the purchase
from J. L. VAN HEZEWYK and ANITA L. VAN HEZEWYK, as
Trustees, that parcel of real property situate in Palm
Beach County, Flor ida, consisting of approximately 20
acres, more or less, which property is legally described
as Tracts 89, 104 and 121, less the West 25 feet thereof
for road right-of-way; Tracts 90, 103 and 122, less the
East 260 feet the reof; and Tracts 71 and 72, less the
North 60 feet thereof, all of PALM BEACH FARM CO. PLAT
NO.8, according to the Plat thereof, as recorded in
Plat Book at Page of the Public
Records of-palm Beach County, Flor Ida -; together with
such additional documents as may be necessary and
appropriate to enable the Corporation to re-plat,
develop and obtain any and all building permits and
other governmental approvals necessary to develop said
property.
I FURTHER CERTIFY that the foregoing Resolution was adopted
at a meeting of the Board of Directors of said Corporation,
legally called and held in accordance with the By-Laws of said
Corporation and with the laws of Florida, that the same was
enacted unanimously, and that the said Resolution is in full force
and effect and has not been altered, modified or rescinded.
IN WITNESS WHEREOF, I have executed the above and foregoing
Certificate and have affixed the corporate seal this 3rd day of
March, 1988.
LAKES OF TARA DEVELOPEMENT CORP., a
Florida corporation
By: ~ ~::y-=-. eefuA lC~~._
~D M. KLEIN, Secretary
LAW OFFICES: KLINE, MOORE & KLEIN, P.A., GRANO eAY PLAZA,2665 SOUTH BAYSHORE DRIVE, SUITE 903,COCONUT GROVE, FLORIDA 33133
.'
ASSIGNMENT OF CONTRACT FOR SALE AND PURCHASE
KNOW ALL MEN BY THESE PRESENTS:
THAT DONALD M. KLEIN, as Trustee and Individually, of the
City of Miami, County of Dade and State of Florida, hereinafter
referred to as the "Assignor," in consideration of the sum of Ten
($10.00) Dollars and other good and valuable considerations to him
in hand paid by LAKES OF TARA DEVELOPMENT CORP., a Florida corp-
oration, of the City of Bony ton Beach, County of Palm Beach and
State of Florida, hereinafter referred to as the "Assignee," at or
before the ensealing and delivery of these presents, the receipt
whereof is hereby acknowledged, has granted, bargained, sold, as-
signed, transferred and set over, and by these presents does
grant, bargain, sell, assign, transfer and set over unto the said
Assignee, its successors and assigns, forever, that certain Con-
tract for Sale and Purchase bearing date the 24th day of November,
1987, made by J. L. VAN HEZEWYK and ANITA L. VAN HEZEWYK, as
Trustees, as "Seller," to DONALD M. KLEIN, as Trustee, as "Buyer,"
upon the following described parcel of land, lying, being and
situate in Palm Beach County, State of Florida, to-wit:
Tracts 89, 104 and 121, less the West 25 feet thereof
for road right-of-way; Tracts 90, 103 and 122, less the
East 260 feet thereof; and Tracts 71 and 72, less the
North 60 feet thereof, all of PALM BEACH FARM CO. PLAT
NO.8, according to the Plat thereof, as recorded in
Plat Book at Page of the Public
Records of Palm Beach County, Florida, said property
consisting of approximately 20 acres, more or less;
together with the Addendum and Second Addendum thereto.
A portion of the considerataion for this Assignment being
that the Assignee hereby assumes all of the obligations and agrees
to pay all of the payments described in said Contract now due or
to become due, together with all interest, if any, specified in
said Contract.
Upon the performance of all of the terms and conditions and
the completion of all payments as set forth in said Contract by
the said Assignee, its successors and assigns, the Assignor does
hereby author i ze the said J. L. VAN HEZEWYK and ANITA L. VAN
HEZEWYK, as Trustees, as "Seller," to make, execute and deliver a
good and sufficient Deed to the property hereinabove described, in
like manner as though the original Contract had been made and exe-
cuted by the said J. L. VAN HEZEWYK and ANITA L. VAN HEZEWYK, as
Trustees, with the said Assignee, instead of with the Assignor.
TO HAVE AND TO HOLD the same unto the said Assignee, its suc-
cessors and assigns forever.
IN WITNESS WHEREOF, the said Assignor has hereunto caused
this Assignment to be executed in appropriate manner and his seal
to be affixed this 3rd day of March, 1988.
Signed, Sealed and Delivered
I~ In The Presence Of:
rf'rJA.. Ll ~ L)tt/ Cl ~
77~1' d'~~
~6M~~~
and Individually (Assignor)
LAW OFFICES: KLINE, MOORE & KLEIN, P.A., GRAND BAY PLAZA,266S SOUTH BAYSHORE DRIVE, SUITE 903, COCONUT GROVE, FLORIDA 33133
STATE OF FLORIDA
SS:
COUNTY OF DADE
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to administer oaths and take acknowledgments personally
appeared DONALD M. KLEIN, as Trustee and Individually, to me known
to me to be the person described in and who executed the foregoing
Assignment and he acknowledged before me that he executed the same
for the uses and purposes therein set forth.
WITNESS my hand and official seal at Miami, Dade County,
Florida this 3rd day of March, 1988
~
Flor l,da
"~f""'__""_
NOTARY puBLIC STATE OF FLORIDa
MY COMMISSION EXP. MAY 1. 1991
BONDED THRU GENERAL INS. UNO.
-2-
LAW OFFICES: KLINE, MOORE & KLEIN, P.A., GRAND BAY PLAZA,266S SOUTH BAYSHORE DRIVE, SUITE 903, COCONUT GROVE, FLORIDA 33133
,~
C.Q
1.ACJ:.f.OHH$ALE__AN D uf>.U.BCJ!AS.1;
/'"
J .L. VAN HEZEWYK and ANITA L.. VAN HEZEWYK as Trustees
PARTIES: '
of
(Phone
, ("$elle('),
),
and IXNAID M. KLElli. as T..m.~e. his....norn.i.nee5-andLm:-3.ssigns , ("Buyer"),
of 2665 South Bayshore Drive. Suite-9..Q3.JQCQIlULGmve.,.-.--Eloric'lrl 1111'3 (Phone 285-9793 I,
hereby agree that the Seller shall sell and Buyer shall buy the following property '''Property'') upon the following terms und conditions which INCLUDE the
Standards For Real Estate Transactions set forth on the reverse side hereof or attached heleto ("Standard(s)"),
1. DESCRIPTION
lal Legal description of Property located in_ Pa~~~<:::h___________County, Florida:
Tracts 89, 104 and 121, less the West 25 feet thereof for road
right-of-way; Tracts 90, 103 and 122, less the East 260 feet
thereof; and Tracts 71 and 72, less the North 60 feet thereof, all
of PALM BEACH FARM CO. PLAT NO.8, according to the Plat thereof,
as recorded in Plat Book at Page of the Public
Records of Palm Beach County;!norlda, saidj?roperty consisting of
approximately 20 acres, more or less.
(bl Street address, if any, of the Property being conveyed is
(c) Personal property ("Personalty") included:
in the amount of . ,
.$ 800,000.00
.$ 10,000.00
.$
.$
S 660,000.00
.$ 130,000.00
II.
PURCHASE PRICE: . , , . . . . . . , . . . , . . . . .
PAYMENT:
(al Deposit(s) to be held in escrow by Johnson & Callaway I Realtors Escrow Acc()l]nt
(bl
(e)
Subject to AND assumption of Mortgage in favor of
having an approximate present principal balance of . . , . . .
Purchase money mortgage and note bearing interest at % on terms set forth herein below, in the
(d)
(e)
~:~:~PM<rftToriaT dep::)sit' '($20',000'.00)' plUS' new. :first' rrortgage' . , ,
($G40,OB&;-BB) ct::i ~L ~dP'T1inmr-hermtQ. -
Balance to close, (U .5. cash. LOCA L Y ORA Ncertir,ed or cas lief scheck) sub.ect to arlJustments and prorations
111. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by all partIes. and the FACT OF EXECUTION communicated in wflt.ng or
telegraphically between the parties on or before December 2, 1987 , the aforesaid deposit (s) shall be. at option of Buyer, returned to Buyer
and the offer withdrawn and null and void The diileorContractF'Effecti~i!.Date"l shall be the date when the last one of Seller and Buyer has signed this offer.
IV. FINANCING:
(al If the purchase price or any part thereof is to be financed by a third party loan, this Contract for Sale and Purchase ("Contract") is conditioned upon
the Buyer obtaining a firm commitment for said loan within ~_ days from Effective Date, at an interest rate not to exceed 11 %; term of ~
years; and in the principal amount of $_~40, 000.00 . Buyer will make application within-1.O_days from Effective Date, and use reasonable
diligence to obtain said loan. Should Buyer fail to obtain same or to waive Buyer's rights hereunder within said time, either party may cancel Contract.
(b) The existing mortgage described in Par<lgraph II (b) above has (CHECK (1) or (2)) (1) 0 a v<lriable interest rate OR (21 0 a fixed interest rate of %
per annum. At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % per annum. Seller
shall, within_ days from Effective Date, furnish a statement from all mortgage'ls stating principal balances. method of payment. interest rate and
status of mortgages, If Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumPtion. then Seller shalf
promptly obtain and deliver to Buyer all required applications and Buyer shall diligently complete and return same to the mortgagee, Any mortgagee
charge not to exceed $ shall he paid 1/2 by Seller and 1/2 by Buyp.r. If the Buyer is not accepted by mortgllgee or the requirements
for assumption arc not in accordance wlihthe terms 01 the Conti act or mortga'lee lTlilkes il charge in excess of the stated amount. Seller or Buyer mav
rescind this Contract by prompt written notice to the other party unless either pArty elects to pay any increase in interest rate or excess mortgage charge.
The amount of any escrow deposits held by .Jrortgagee shall be credited to Seller at closing,
V. TITLE EVIDENCE: Within 30 days from~, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney. in accordance with
i~~tidSf'~g~i~~ (~~r ~lli (l~gn~~~~~T~sO~~~~d~insi;:nilii;~~~~\_~~l:ee owner's title POlicy premium to be paid by Seller at closing.
VI. CLOSING DATE: fhis transaction Shiilrl:lecroseoand the Beea anootITer-closin9 pariernJo\1l'i1l!ll!d'on the day of 19 _, unless
extended by other provisions.of the Contract. (See Addendum)
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: The Buyer shall take title subject to: zoninq. restrictions, prohibitions and other requirements imposed by
governmental authority; restrictions and matters appearing on the plat or otherwise COmmon to the subdivision; public utility easements of record leasements are
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 7,/, feet in width as to the side lines. unless
otherwise specified herein I; taxes for year of closing and subsequent years; assumed mortg~qes and purchase money mortgages. if any; other: NrnE
____________.___ .. __. __..n__________._ ; provided, however. that there
exists at closing no violation of the foregoing and same does not prevent use of the Property for __::;_~3le family home develop-nent purpose(s)
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 closing.
the fact and terms thereof shall be stated herein, and the tenant(s) shall br. disclosed pursu3ntto Standard F. Seller agrees to deliver occupancy of Property at tim~
of closing unless otherwise stated herein. If occupAncy is to be delivored prior to closing. (3uyP.r aSSlJmp.s all risk of loss to Property and Personalty from date of
occupancy, shall be responsible and liable for maintenance thereo( from said datr.. and shall be deemed to have accepted the Property and Personalty in the'r
existing condition as of time of laking occupancy unless otherwise stated herein or in sr.parate writing.
STANDA. ..JS FOR nEAL ESTATE THANSACTIONS
A. EVIDENCE OF TITLE: (',) An abstract I)f titlli prepared or brought current by A reputatJle anri existing ahstract firm (if not ~xisting then certified as {'Orrec
by an existing firml purporting tl) be an accurate synopsis of the ,nstruments affecting title tn the Property recorded in the public recorc1s of the COllnty wherein tl"
Property is locattfd. through Effective Date and which shall commence with the earliest public ,!!cords, 01 such later date as may be customary in the county Sellel
shall convey a marketable title, subject only to liens, encumhrances, exceptions or qualifications set forth in this Contract and those which shall be discharged b\
Seller at or belore closing. Marketabl" tItle shall be deterrnined according to applicable Tille ~tandards adOPted by euthority of The Florida Bar and in accordanc.
with law, Upon closing of thIS transaction the abstract shall become the property of Buyer, suhject to the right of retenllon thereof by first mortgagee unt,l full\
paid: or (2) a title insurance commitment issued by a Florida licensed title insuror agreeing to issue to Buyer. upon recording of the deed to Buyer, an owner',
policy of title insuranc.. in the amount of the purchase price. Insurinll Buyer's title to the Property. subject only to Ioens, encumbrances, exceptions or Qualification
set forth in this Contract and those which shall be discharglid by Seller at or before closing, Buyer shall have 30 days, if abstract, or 5 days, if title commitment
from date of receiving evidence of title to examine same. If title is found defective, Buyer shall within three (3) days thereafter, notify Seller in writing speclfy,n!
delectls!. If said defect(s) render title unmarketable, as to item (1) hereinabove or uninsulable as to item (2), Seller will have 120 days from receipt of notIce withir
which to remove said defect (s), and If Seller is unsuccessful in removing them within said time, Buyer shall have the option of either accepting the title as it then is
or demanding a refund 01 all monies paid hereundp.r which shall forthwith be returned to Buyer and thp.reupon Buyer and Seller shall be released. as to one another
of all lurther obligations under this Contract: however, Seller aqrees that Seller will, if titlp. IS found to he unmarketable or uninsurable, use cJilig~nt effort to corree
the delectls) in title within the time provided therefor, including the bringing of neceSSAry s,"ls If a litle policy is being furnished, Buyer has the rinht to reC1uire thl
Seller to deliver an owner'~ marketability title policy provided Buyer pays any addition~1 charlJes and makes request therefor within seven (7) days aftpr Effectivl
Date.
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT; TO SELLER: The purchase money note and mortgage, if any. shall provide for a 30 da,
grace period in the event of default il it is a first mortgage ann a 15 day grace period if a second 01 lesser mortgage; shall provide for right of prepayment in whole 01
in part without penalty; shall not permit acceler"tion or intl'rest adjustment in event of resale of the Property; and the mortgage, note and securoty agreement shal
be otherwise in form and content required by Seller's attorney: provided, however. Seller may only require clauses customarily found in mortgages. mortgage notes
and security agreeme'1ts generally utilized by savings ann lOAn institutions, or stat!! or n"tion'll hanks located in the county wherein lh" F'rouerty is located. Thl
mortgage shall require all prior Io"ns Bnd encumbrances to be kept in good standinq Ami forbid Illfldifications of or future 'ldVAnces under prior mottgagel.l. AI
Personalty being conveyed will, at OPtion of Seller, be subject to the lien of a security agreement and evidenced by recorded financing statements.
C. SUAVE Y; [uyer, at Buyer's expense, within time allowed for delivery of evidp.ncp. of tille and p.xamination thereof, may have the Property surveyed ant
certified by a registered Florida surveyor. If the survey shows any encroachmp.nt on the Propert\ Or that improvements intended to be located on the Property ir
fact encroach on sethack lines. easern~nts, lands of others, or violate any restrictions, Contract r.ovenan!s or ar>plicable governmental rpgulations, the same shall b,
~reated as a title defect.
D. TERMITES. Buyer. at Buyer's expp.nse. within time allowed to deliver evidence of title ;lI\(J examination thereof, may have the Prouerty Inspp~ted by ;
Florida Certified Pest Control Operator to determinf! whether the'e is any visihle active termite infestation or visible existing damage from tprmitp infestaticn in th,
improvements. If Buyer is informed of either or both 01 the foregoing, Buyp.r will have fl)ur (41 days from date of wrilten notice thereof or rwo (2) days afte
selection of a contractor. whichever occurs lirst, within which to have all damages, whether visible or not, inspected and estimated by a licensed building or genera
contractor, Seller sholl pBy valid costs of treatment and repair of all damagf! up to 2% 01 purchil5e price, Should such costs exceed that amount. Buyer shall havl
the oPtioo of cancelling Contract within five (5) days after receipt 01 contractor'; repair estimate by giving written notice to Seller or Buyer may elect to proceee
with the transaction. in which event Buyer shall receive a credit at closing of an amount equal to the total 01 the treatment and rer>air estimate not in excess 0
two (2%) percent of the purchase price. "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest C?ntro
Act.
E. INGRESS AND EGRESS: Seller warrants that there is ingress and egress to the Propelty sufficient for the intended use as deSCribed in Paragraph VII hereo!
title to which is in accordance with Standard A.
F. LEASES. Seller shall, nl)t less than 15 days prior to closing,furnish to Buyer copies of all wrlUenleases and estoppellellcrs from each '(enant specifying th.
nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid bV tenan!. In thp. event Seller is unAble to Obtain such lette
from each tenaot, the same information shall be furnished by Seller to Buyer within sairJ time period in the form of a Seller's affidavit, and Buyer.may thereafte
contact tenants to conlirm such inlormation, Seller shall. at closing. deliver and assign all originalleasf!s to Buyer.
G. LIENS: Seller shall, both as to the Property and Personalty he;nq solrl hereunder, furnish to Buyer at time of clo51ng an Affidavit all"stlng to the absence
unless othl!rwise provided lor herem. of any financing statements, claims of lien or potf!ntl.ll linnors known to Seller and lurther attesting lhat there have been nl
improvementS or repairs to the Property for 90 days immf!eliately preceding date of closing. If the Property has been improved, or repaired within saio time, Splle
shall deliv.., releases or 'haIV'~r:; of rnpchilnic's liens, Wl(p.cutud hV all gmllnaJ contractors, subcontracturs. suppliers. and rY1Htcr1nlnlen, in arldltinr; to Seller'~ IH~I
affidavit setting forth th" "amr'~ (If all ~ur.h gener~1 COlltractors. suhcontractors, suppli'~I~ and matprialmen and further rec11"'q t"~' ", lact all bdls for w(',k to rh
Property or Personalty whIch en\llrl S'"ve as a basis for a IllPcllallic's lien or" claim for d~"'ages h~ve bel'n paid or wdl be paid ~( cl('slng
H. PLACE OF CLOSING C10Sll14 sll,111 be hr>ld 111 cou"ly IVh"r"in Property I~ located, at the office of thp. ~ttornp.v or othel eloslllg Jq'?"t rJeslqn3t~d bv Seller.
I. TIME. TIme is of the essencl' of lh,s Contract. AllY reff!rellce hernin to time p~riods of 1"$$ tlla" six (6) days shall in tile comr>UIBtIO" Ihereof exclude SJturdav,
Sundays and legal holidays, and any time period provided for herein whid, shall end on a Salu'rl~y, Sunday or legal holld'lY Shdll extend '0 5.00 p m. of the ne-
lull busin~ss day,
J. DOCUMENTS rOR CLOSING: 5"ller shallfurnis" deed, bill of sale, mechanic's lien affidavit, assignments of leases, and any corrective instruml'nts thar ma
be reQuired in connection v,ith perfecting the tit II'. Buyer shall furnish closII'(J statement. mortgage, mortgage note, security agreement, and financing statements.
K. EXPENSES: State docllmel1tary stamps which are requirrHJ to be aflixed to the instrument of conveyance, intangible t"x on and rl'cordinq of norcha!
money mortqaqe to S"ller, "no cost of recoreling any correctIve instruments shall be paiel hy Seller, Documentary stamps to be affixed to thl' purc;""p' mone
mortgage. cost of recording the deed and linanclllg statements shall be paid by Buyer.
L. PRORATIONS. Taxes, assessments. rent. interest, insurance and other expenses alld revenue of the Property shall be prorated through rJay prior to closin-
Buyer shall hav~ the optiun 01 tal(ing ov~r ilny p.xistinq pOlich!s of Insurance on the PrOp(Hly, if assumablfl, In which evan! prf!miums shall bp prorated. Cast- ;
closing shall be increased or dp.creased as may be required by said prorations. All prorations will be made through day prior to occupancy if occupancy occu
before closing. TalCes shall be prorated based on the current yp.ar's lax with due allowJnce marle for maximum allowable discount and ho'nestead or other exeml
tioos if allowed for said year. It closing occurs at a date when the current year's millage is not fixed, and current year's assessmellt is available, taxes will be proratE
based U\.lOn suCh asses~ment and the prior year's millage. If currtHlt year's assessment is not available, then taxes will be prorated on the orior year's tdX; provide.
however. if there are completed improvements on the Property by January 1 st of year of closing. which improvements were not in existence on Ja'luary 1 st of th
prior year. then taxes shall be prorated based upon the prior year's millage and at an e'll/itable asscssment to be agreed upon between the parties. lailinq whic~
request will he made to the County Property Appraiser for an informal assessment taking into consideration homestead exemption. if any. However. any tax pre
ration based on an estimate may at request of either Buyer or Seller be subsequently readjusted l/pon receipt of tax bill on condition that a stateme'lt to that effee
is set lorth in the closing statcment.
M. SPECIAL ASSESSMENT LIENS Certlfll?d. confirmed and ratified special assessrnenlli~ns as of date of closing (and not as 01 Effective Datc) are to be pei
by Seller. Pending liens as of date of closing shall be assumed hy Buyer. provided. however. that if the improvement has been substantially completcd as of Effect"
Date. such pending lien shall be considcred as certified. conf"l1Ied or ratilied and Seller shall. at closing, be charged an amount equal to the last estimate by th
public body of assessment for the improvement.
N. INSPECTION; REPAIR ANO MAINTENANCE. Seller represents that, as of t"n 110) days prior to closinll. the roof. lincludll19 the lascla anti soffitsl. an
walls do not have any visible eVIdence of leaks or damage and that the septic tank, pool. all major appliances. heating, cooling. electrlc)l. plumbing systems an
machinery are in working condition. Buyer may, at Buyer's nxpellSC, have inspection made of said items t>y an appropriately licensed person dealing in the co,
struction, repair and maintenance thereof and shall repnrt in writing to Seller such items that do not meet the above representations. together with the cost c
correcting same. pri?r to occupancy or not I~ss than ten (10) days prior to c1osinel, which~ver nCCurs first. Unless Buyer reports such deficiencics within said perio
Buver shall be deemed to have waived Sell....'s representations as to deficiencies not reported. In thn evellt repairs or r<,placemcnts are required. Scller shall pay UP t
3% of the purchase price for such rcpairs or replacements by an appropriatcly licensed person. However, if the cost for such repairs or replacements exceed 3% c
the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this Contract. In the event Seller is unable to correct t~
deficiencies prior to closing. the cost thereof shall be paid into escrow at closing. SCIlN agrees to provide utilities service for inspections upon rp.asonable notic
Between the Effective Date and the closing, Seller shall maintain the Property and Personalty including bu t not limited to the lawn and shrubbery. in the conditic
herein represented. ordinary wear and tear excepted. Buyer shall be permitted acc.ess for inspection 01 the Property prior to closing in order to confirm complianc
with the forego 109.
O. RISK OF LOSS: If the improvements are damaged, by lire or other .:asualty prior to clnsing. and costs of restoring same does not exceed 3% of the asseS<E
valuation of the improvements so damaged. cost of restomtion shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract wil
cost therelor escrowed at closing. In the event the cost of re;lair or restoration exceeds 3% of thp. assessed valuation of the improvements so damaged. Buyer sh,
have the option of either taking the Property as is. together with either the said 3% nr any insurance procp.eds pavable by virtue of such loss or damage. or of ca
ceiling Contract and receiving return 01 deposit!sl made hereunder.
p, PROCEEDS OF SALE: CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds and evidence of title continued at Buyer's expens
to show title in Buyer. without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. and the procec'
of the sale shall be held in escrow by Seller's attorney or by such other escrow allent as may be mutually agreed upon for a period of not longer than five (51 da
from and after closing date. If Seller's title is rendered unmarketable. Buyer shall within said five (5) day period, notify Seller in writing of the defect and Sell
shall have 30 days from date of receipt 01 such notification to cure said defect. In the event Seller lails to timely cure said defect. all monies paid hereunder sha
upon written demand therefor and within five (5) days thereafter. be returned to Buyer and. simultaneously with such repayment. Buyer shall vacate the Proper
and reconvey same to the Seller by special warranty deed and return the Personalty. In the event Buyer fails to make timely demand for refund. Buyer shall tal
title as is. waiving all rights against Seller as to such intervening defect except as may be available to Buyer by virtue of warranties, if any, contained in the dee
In the event a portion of the purchase price is to be derived from institutional financing or refinancing, the requirements of the lending institution as to place, tin
of day and procedures for closing. and for disbursement 01 mortgage proceeds, shall control, anything in this Contract to the contrary notwithstanding. Provide
however. that the Seller shalf have the right to require fr(Jm such lending institution at closing a commitment that it will not withhold disbursement of mortga
proceeds as a reSUlt of any title defect attributable to Buyer,mortgilgor, The escrow and closing procedure required by this Standard may be waived In the eve
fha .tlorney, titla agent or closing agent insures agaimt adverse matters pursuant to Section 627.7841, F .S. 119B3l. as amended.
a. ESCROW; Any escrow agent receiving funds or eqUIvalent is authorized and agrces by acceptance thereof to deposit promPtly ann to hold same in escre
and subject to clearance thereol to disburse same in accordance with terms and conditions of the Contrac:t. Failure of clearance of funds shalf not excuse perle
mance by the Buyer. In the event of doubt as to esc'ow agent's duties or liabilities under the provisions of this Contract, the escrow agent may in agent's sole d
cretion. continue to hold the subject matter of this escrow until the parties mutually agree to the disbursement thereof, or until a judgment of a court 01 compete
jurisdictirm shall determine the riphts of the parties tht!r!lro. or escrow agent may deposit same with the clerk of the circuit court h?ving jurisdiction of the dispu'
and upon notifying all parties concerned of such action. all liability on the part of the escrow agent sh,III fully terminate. except to the extent of accounting lor 31
items therfltofore delivcred out of escrnw II a lic.ensed II,al est~te broker, the escrow aejCnl will co'''pl\, ""ith provisions nl Chapter 47:,. F.S. (1983!. as 'l."end~d.
the event 01 any suit between Buyc, and Seller wherein the escrow agcnt is rnade a party by virwe of acting as an pscrow agent hereunder. or In the event of any S\
wherein escrow ager t Inwrpleads the subject matter of Ihis escrnw. the agent shall be nntltled to recover reasonable attorney's lee allrJ costs incurred. said fet's a.
COlrs to be charged and assessed as court costs in favor nl the prcvailinfl party. All palli"s agree that the escrow agent shall not be Ilat'lle to any P'lrty or pe..'
whomsoev..r for misdelivery to Buver or Seller of itellls sublect to this escrow, unless such misdelivery shall be due to willful hreach of thiS Contract or gross nee
genea on the part nf the aqent
R. A TTORNF Y FEE S. COS rs: In conn"crion with any litiqation arising nut of this Contract. the prevailing party shall be pntitled to recovpr reasonable attorn,,'
fees and costs.
s. FAILURE OF PERFORMANCE: II Buver fails to perform this Contract within the time specified, (including payment of all depos,ts hereunder), the (
posit(s) paid by the Buyer may be retained by or for the accoLnt of Seller as liquidated damages. consideration for the execution of this Contract and in full sett
ment of any claims: whereupon Buyer and Seller shall be relieved 01 all obligations under the Contract; or Seller, at Seller's option. may proceed at law or in equ
to enforce Seller's legal rights under this Contract. II. for any reasnn other than failure of Seller to make Seller's title marketable after diligent effort, Seller fa
lIaglec:s nr reluses to perform this Contract, the Buyer may seek specilic performance or elect to receive the return of Buyer's deposit Isl without thereby waivi
any action for damages resulti'lfl from Seller's breach.
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice thereof shall be recorded In any public records T
Contract shall bind and inure to t~e benefit of the parties hereto and their successors in interest. Whenever the context permits, singular shall include plural and c
gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to said party.
U. CONVEYANCE: Seller shall conyey tjtle to the ProtJerty by statutory warranty, trustee, personal representative or guardian deed, as appropriate to 1
status of Seller. subject only to matters contained in Paragraph VII hereof and those otherwise accaDled by Buyer. Personalty shall, at request of Buyer, be convey
by an absolult bill of sale with warranty or title. subject to such rratters as may be otherwise provided for herein.
V. OTHER AGREEMENTS No prior or present agreements or representations shail be binding upon Buyer or Seller unless ,ncluded in this Contract
modification cr change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound thereby
R..v 1/85
IX. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 n,.. assign OR (2) 0 may not assign, Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attached hereto as addenda shall control all
printed provisions of Contract in conflict therewith.
XI. INSULATION RIDER. If Contract is utilized for the sale of a new residence, the Inslllation Rider shall be attached here(() and made part hereof
XII. SPECIAL CLAUSES: (utilize space below)
THIS IS INTENDED TO BE A LEGALL Y 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.
Approval does not constitute an opinion that any of the terms and conditions in this Contract shollld be ,JccP-pted by the parties in a particular transaction. Terms
and conditions should be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons.
Copyright 1985 by The Florida Bar and the Florida Association of REAL TORS, Inc.
WI
November )... i, 1987
EXeC~I).yy r:> f3l1l1yyeerr, 011.___._ . ________.______________
_~.~~lCO~~
r::xJNi\LD 11:- KLEIN, as (Buyerl
Trustee
,
!~ .
,-<".J-..LcL-t., ~___
Executed by Seller on
(Buyerl
N /1 ~.Jj'1 t3 r. I);
OVt::ltu..Jer IV I)
, 1987
WITNESSES: (Two reco~men4b~(t NOT {eQuired)
, y .,
..,.// ,/11 ,-,6. - ),.'./; /..
c,
I
3~t-:.--VANHE-ZEWYK, (S'eller) as,' TiUstee---
'/ ( /
ANITXi:- VPN ~Z~~eller) as Trustee'
/
/1
/ /,-. -;
;/
~.
I 1/ Or.
;.
Deposit(s) under Paragraph II received; if other than cash, then subject to clearance.
JOHNSCN & CALUWlAY, REAL'IDRS
By:
(Escrow Agent)
BAOKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE)
iik (IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT):
Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement:
OR
o !IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT):
Seller agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of sale. compensation in the amount of (COMPLETE
ONLY ONEI ~ % of gross purchase price OR $ . for Broker's services in cffectlng the sale by finding a Buyer ready, willing and able to
purchase pursuant to the foregoing Contract. In the event Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee above
provided. shall be paid to the Broker, as full consideration for Broker's services including costs expended by Broker, and the balance shall be paid to Seller. If the
transaction shall not be closed because of refusal or failure of Seller to perform, the Sellcr $h,111 pay said fee in full to Broker on demand. In any litigation arising
out of this Contract, concerning the Broker's fee, the prevailing party shall be cntitled to rCCOVN ",asf)n"ble attorney fees and costs.
lAND UNLIMITED REALTY
(firm name of Broker)
('
!
By:_ // J -l) "
lauthorired signatory)
.1 -,
/J
. -- ~.J
/'
..,
ISeller) as Trustee
J .r:.. VAN HEZEWYK,
JOHNSCN & CALI.AWAY, REAL'IDRS
(name of cooperating sub-agent)
/
,
--- ~ITA.L~ VAN HEZEWrn~eller) ~S"Trust~~
SPECIAL CLAUSES.
/
SEE ADDENDUM 'ID CCNI'RACT FOR SALE AND PURCHASE ATI'ACHED HEREID AND MADE A
PARI' HEREOF.
R.v. 1/85
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
The following additional terms and conditions are hereby made
a part of the Contract for Sale and Purchase to which the within
Addendum is attached and shall control the printed portions of
said Contract where the provisions of this Addendum shall be in
conflict therewith:
1. ADDITIONAL DEPOSIT: Provided that this Contract shall be
.---
accepted by the Seller, and further provided that those contingen-
cies hereinafter specifically enumerated in Paragraph 2 of this
Addendum shall also be satisfied, the Buyer agrees to deposit the
further and additional sum of Twenty Thousand ($20,000.00) Dollars
with JOHNSON & CALLAWAY, REALTORS, the Escrow Agent, within ten
(10) business days after satisfaction of all of the contingencies
provided in Paragraph 2 of this Addendum. Said amount shall here-
inafter be referred to as the "additional deposit" and, together
with the "initial deposit" referred to in Paragraph II (a) of this
Contract, shall be and constitute a part of the cash portion of
the purchase price payable by the Buyer in the event this trans-
action shall be consummated in accordance with the terms and con-
ditions hereof.
2. CONTINGENCIES FOR NEW FIRST MORTGAGE, ETC.:
A. The obligations of the Buyer hereunder shall be ex-
pressly subject to and conting~nt upon the ability of the Buyer to
obtain within sixty (60) days from the Effective Date a firm writ-
ten commitment from an institutional lender doing business in
Dade, Broward and/or Palm Beach Counties for a first mortgage/land
acquisition and development loan encumbering the Property in a
principal sum of no less than Eighty (80%) percent of the Purchase
Price and the cost of "land development" as hereinafter defined,
bearing interest at a fixed rate of no more than Eleven (11%) per-
cent per annum and repayable over a term of not less than five (5)
years. Said mortgage shall further provide for the privilege of
prepayment in whole or in part at any time prior to maturity. All
costs of obtaining such land acquisition and land development loan
commitment, including but not limited to the payment of all loan
initiation fees, "points," closing costs, "actuals," and out-of-
pocket charges, including tax and/or insurance escrow prepayments,
imposed by the Lender at the time of closing shall be borne by the
Buyer and the Seller shall be fully indemnified and held harmles~
by the Buyer with respect thereto.
B. The obligations of the Buyer hereunder shall be fur-
ther expressly subject to and contingent upon the ability of the
Buyer to obtain, within sixty (60) days from the Effective Date, a
firm written commitment from an experienced, competent and finan-
cially responsible firm or company engaged in the business of
"land development" to develop and improve the subject Property so
that the same shall be suitable for the construction of no fewer
than eighty (80) single family residences, at a cost to the Buyer
of no more than One Million One Hundred Thousand ($1,100,000.00)
Dollars. As used herein, the term "land development" shall be
defined to mean and to include the furnishing of all labor and
materials necessary to install all streets, sewers, water, under-
ground electric, sidewalks, street lighting, water retention fa-
cilities for flood control purposes, rough earthwork, land grad-
ing, intersection improvements, canal crossing culverts, traffic
signals and traffic control devices, if required, at the inter-
section of Boynton Boulevard and Knuth Road, the cost of upgrading
the present lift station, all utility connection charges, and all
costs in the nature of or associated with engineering and survey-
LAW OFfiCES: KLINE, MOORE & KLEIN, P.A., GRAND BAY PLAZA,2665 SOUTH BAYSHORE DRIVE, SUITE 903, COCONUT GROVE, FLORIDA 33133
ing fees, together with the cost of obtaining all necessary build-
ding permits in connection with the foregoing.
C. Buyer shall make prompt application for and shall use
reasonable diligence to obtain a mortgage loan commi tment and
reasonably detailed estimates for the cost of land development
within the times hereinabove set forth. In the event the Buyer
shall fail to obtain a new first mortgage commitment and a firm
commitment from a land development company within the times and
upon the terms and conditions hereinabove set forth, the Buyer
shall have the right and option to cancel the within Contract by
providing written notice thereof to the Seller within ten (10)
days following the expiration of said 60-day period and upon the
furnishing of such written notice, all sums theretofore deposited
by the Buyer with the above-named Escrow Agent shall thereupon be
returned to the Buyer and each of the parties shall be relieved
and released of all further liability or obligation to the other
party hereunder.
3. WITHHOLDING OF TAX BY BUYER: To the extent that the
Seller shall be deemed to be a "foreign person" subject to the
withholding provisions of the Internal Revenue Code, Buyer shall
be authorized to withhold from the net proceeds of sale payable to
the Seller at the time of closing, and to remit to the Internal
Revenue Service, an amount equal to ten (10%) percent of the gross
purchase price as set forth in paragraph II of this Contract.
Seller agrees to cooperate with Buyer in furnishing to Buyer such
information, including but not limited to Seller's Federal identi-
fication number, as may be necessary or appropriate to enable the
Buyer to complete and to file with the Internal Revenue Service
Forms 8288 and 8288-A, together with such additional Forms as may
be required by the Buyer to comply with the applicable provisions
of the Internal Revenue Code. In the event the Seller shall not
be deemed to be a "foreign person" in accordance with the provi-
sions of the Internal Revenue Code, Seller shall execute an ap-
propriate Affidavit to that effect and shall deliver the same to
the Buyer at the time of closing.
4. SELLER'S WARRANTIES: As a material inducement to the
Buyer to enter into this Contract for Sale and Purchase and to
close the transaction contemplated hereby, Seller makes the
following representations, all of which are true as of the date
hereof, shall be true as of the date of closing, and which war-
ranties and representations shall expressly survive the closing of
this transaction:
A. The Property described in Paragraph I(a) of this
Contract is owned, beneficially and of record by the Seller.
B. To the extent applicable, the Seller has complied
with the Florida sales tax law in all respects and shall complete
the filing of any and all Florida sales tax returns and make pay-
ment of any and all sales taxes which may be due, as soon as may
be required after the closing.
C. There are no presently existing v iolations of any
municipal, county, state or federal laws, rules, regulations or
ordinances, nor does Seller have any knowledge of any pending
violations which would or might affect the Buyer's use, enjoyment
or operation of the Property in the future. In the event any such
violations shall be found to exist prior to or as of the date of
closing, Seller shall take such steps as may be necessary and ap-
propriate to cause the same to be cured and corrected, and any
governmental proceeding instituted in connection with such viola-
tions to be dismissed, at the cost and expense of the Seller.
-2-
LAW o,nCES: KLINE, MOORE'" KLEIN, P.A., GRAND BAr PLAZA, 266S SOUTH 8ArSHORE DRIVE, SUITE 903, COCONUT GROVE, FLORIDA JJIJJ
D. No assessments for public improvements have been made
against the Property which remain unpaid.
E. There are no judgments or decrees of any kind against
Seller unpaid or unsatisfied of record in any court of any city,
county, state or of the United States or any pending or threatened
litigation which would affect the Property; Seller is not in the
hands of a receiver nor has it committed an act of bankruptcy;
there are no due and unpaid business license taxes of Seller; and
there are no due and unpaid income or property taxes of Seller
which constitute a lien against the Property.
F. At the closing there will be no mechanics' liens
against the Property; no claims for labor, services, profit or
material furnished for constructing, repairing or improving the
same which remain unpaid; and no chattel liens, conditional sales
contracts or chattel trusts against the Property.
G. To the best of Seller's knowledge and belief, there
is no pending or threatened special assessment or condemnation or
eminent domain proceedings which would affect the Property, or any
part thereof. .
H. There are no management, real estate or rental
commissions, service, maintenance, employment, or other contracts
of any kind or description in existence affecting the Property and
imposing any obligation upon Buyer after the closing date except
as otherwise provided in this Contract.
I. The Property is properly zoned for its present use
and neither it nor its present use violates any ordinance, law or
regulation to which it or its present use is subject and Seller
has received all permits and authorization necessary to operate
the Property as the same is now being operated, and such permits
and authorization are now in full force and effect.
J. There are no actions or proceedings pending or, to
the best of Se ller' s knowledge, threatened, before any court or
administrative agency and relating to the Property, the unfavor-
able resolution of which would have a materially adverse effect on
the operations of the Property or the income potential thereof.
K. If it shall be determined that, notwithstanding the
manner by which Seller has executed this Contract, that Seller
shall actually hold title to the Property by means of a corpora-
tion, that such corporation is duly organized, validly existing
and in good standing under the laws of its state of origin, and
has all necessary power to execute and deliver this Agreement and
perform all its obligations hereunder. This Ag reement has been
duly authorized, executed and delivered on the part of Seller and
is the valid and legally binding obligation of Seller, enforceable
in accordance with its terms. Neither the execution and delivery
of this Agreement by Seller nor the performance of its obligations
hereunder will result in the violation of any law or any provi-
sions of Sell~r's organizational documents, as amended to date, or
will conflict with any order or decree of any court or govern-
mental instrumentality relating to Seller.
L. Seller knows of no state of facts which would pre-
vent or prohibit the Buyer from obtaining all necessary approvals
from all governmental and/or other regulatory authorities neces-
sary to proceed with the development of the subject Property for
the construction of eighty (80) single family residences thereon.
-3-
LAW o~nCES: KLINE, MOORE (. KLEIN, P.A., GRAND BAY PLAZA,266S SOUTH BAYSHORE DRIVE, SUITE: 903,COCONUT GROVE, ~LO"IDA 3JIJJ
In this connection, Buyer shall make prompt application for and
shall use reasonable diligence to obtain all necessary approvals
from all governmental and/or regulatory authorities and shall use
reasonable diligence to obtain the same within six (6) months
following the Effective Date. In the event the Buyer shall fail
to obtain all of the necessary governmental and/or regulatory ap-
provals within the aforesaid 6-month period, the Buyer shall have
the right and option to cancel the within Contract by providing
written notice thereof to the Seller within ten (10) days follow-
ing the expiration of said 6-month period and upon the furnishing
of such written notice, all sums theretofore deposited by the
Buyer wi th the Escrow Agent shall thereupon be returned to the
Buyer and each of the parties shall be relieved and released of
all further liability or obligation to the other party hereunder.
To the extent that the Seller shall be required to execute any
documents necessary to secure the approval of any governmental
and/or other regulatory agency, Seller agrees to cooperate fully
and promptly with the Buyer in that regard.
5. SURVEYS, SOIL TESTS, ETC.: Seller hereby grants to the
Buyer access to the subject pr~pe~ty for the purpose of enabling
competent, experienced and financially responsible professionals
to prepare surveys, to' conduct all necessary soil tests and, if
desired, to plant perimeter landscaping to buffer adjoining
multiple-family developments. In the event Buyer shall elect to
cancel the within Contract upon the terms and conditions herein-
above set forth, then and in such event Buyer shall furnish to
Seller copies of all surveys, soil tests, studies, applications
and all other documents obtained by the Buyer in connection with
its efforts to obtain mortgage financing, a firm commitment from a
land development company, or governmental and/or regulatory ap-
proval for the development of the Property for the construction of
single family residences.
6. ADJUSTMENT TO PURCHASE PRICE: It is specifically under-
stood and agreed that the Purchase Price set forth in Paragraph II
of this Contract has been determined by the Seller and agreed upon
by the Buyer on the assumption that the Property contains no fewer
than twenty (20) acres of land area. In the event an accurate
current survey of the Property shall disclose that the Property
contains fewer than twenty (20) acres, then and in such event the.
Purchase Price provided herein shall be reduced pro rata to re~
flect the reduced size of the Property. Notwithstanding the fore-
going, however, in no event shall the Purchase Price be increased
to any extent in the event the aforementioned survey shall dis-
close that the property contains more than twenty (20) acres of
land.
7. EASEMENTS, RIGHTS-OF-WAY, ETC.: The Buyer's purchase
hereunder shall include all righ-t~-tn:le and interest of the
Seller in, to and under any and all easements, rights-of-way,
privileges, licenses, appurtenance and other rights and benefits
belonging to or running with the ownership of or otherwise related
to the subject Property and shall include any and all right of the
Seller, if any, in and to any and all land lying in the bed of any
street or highway, opened or proposed, in front of or adjoining
the Property to the centerline thereof and nothing contained here-
in shall be deemed to require the Buyer to take title to the Prop-
erty subject to any of the foregoing.
-4-
LAW O,flCES: KLINE. MOORE 6 KLEIN. P. ..... GRAND BAY PLAZ....266S SOUTH BAYSHORE DRIVE, SUITE 903,COCONUT G~OVE. ,LORIO'" 33133
8. REPRORATION OF TAXES: Notwithstanding the provisions of
Paragraph "L" of the "Standards for Real Estate Transactions"
which are made a part of this Contract for Sale and purchase, all
real estate and personal property taxes, if any, and assessments
which may be levied or assessed with respect to the Property shall
be re-prorated when the appropriate tax bills have been received
and the amount of any adjustment required thereby shall be paid to
the party entitled to such adjustment in cash within ten (10) days
following request therefor in writing. Such request for adjust-
ment shall be accompanied by a true and correct copy of the tax
bill for the year in question.
9. CLOSING DATE: This transaction shall be closed and each
of the parties shall execute and deliver any and all documents and
the Buyer shall pay the balance of the cash portion of Purchase
Price simultaneously with the closing of the Buyer's new first
mortgage loan, but in no event later than ninety (90) days after
the satisfaction of the last of the contingencies provided in this
Contract.
IN WITNESS WHEREOF~ each of the parties has caused this Ad-
dendum to be executed in appropriate manner and their respective
seals to be affixed, all as of the day and year first above writ-
ten.
Sealed and Delivered
The Presence Of:
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C/t:_--l:-i.' -<:.v ~.'..-( _l.,.<'_-( L
~to the Buyer-------------
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DONALD M. KLEIN, as Trustee
(Buyer)
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(LS)
J. L. VAN HEZEWYK, as Trustee
(Seller)
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As to the Sellers
. "
ANIT~. VAN HEZEWYK,'as
Trustee (Seller)
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-5-
LAW OF'F"lCES: KLINE, MOORE & KLEIN, P.A., GRANO BAY PLAZA,2665 SOUTH BAYSHORE DRIVE, SUITE 903, COCONUT GROVE, F'LORIDA 33133
SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
The following additional terms and conditions are hereby made
a part of the Contract for Sale and Purchase to which the within
Second Addendum is attached and shall control the printed portions
of said Contract and the Addendum to Contract for Sale and Pur-
chase thereto where the provisions of this Second Addendum shall
be in conflict therewith:
1. RECEIPT OF ADDITIONAL DEPOSIT: Simultaneously with the
execution by the Buyer of the within Second Addendum, the Buyer
has deposited with JOHNSON & CALLAWAY, REALTORS, as Escrow Agent
hereunder, the sum of Twenty Thousand ($20,000.00) Dollars, rep-
resenting the "additional deposit" more particularly referred to
in Paragraph 1 ("Additional Deposit") of the Addendum to Contract
for Sale and Purchase heretofore executed by the parties hereto.
In this connection, it is understood and agreed that the Buyer has
furnished the aforementioned "additional deposit" notwithstanding
the fact that those contingencies specifically enumerated in Para-
graph 2 of the Addendum to Contract for Sale and Purchase have not
yet been satisfied; accordingly, and in consideration of the fact
that the Buyer has furnished such "additional deposit" prior to
the date on which he would have otherwise been required to do so,
the Seller does hereby grant to the Buyer an extension of time un-
til September 1, 1988 within which to satisfy such contingencies
as are more specifically enumerated in Paragraph 2 of said Ad-
dendum or, in the alternative, to cancel said Contract in the
manner more specifically provided therein. In the event the Buyer
shall elect to proceed with this transaction, the Buyer shall pro-
vide written notice to the Seller not later than September 1, 1988
that all such contingencies and approvals required by the Contract
have been satisfied and that he is ready to close, in which event
this transaction shall then be closed and each of the parties
shall execute and- deliver such documents as may be necessary and
appropriate to consummate this transaction on or before October 1,
1988 or within thirty (30) days after receipt by the Buyer of the
commitment for title insurance referred to in Paragraph V of the
Contract, whichever date shall later occur.
I N WITNESS WHEREOF, each
Second Addendum to be executed
respective seals to be affixed
1988.
of the parties has caused this
in appropr iate manne r and the i r
as of this 1 st day of February,
Signed, Sealed and Delivered
In The Presence Of:
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mo 'the vBuye r ..
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~~ to the Sellers
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~v-o-~l~s)
DONALD M. KLEIN, as Trustee
(Buyer)
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J.~'L. VAN HEZEWYK, as Trustee
(Seller)
~A/~~1<~<LS)
'Trustee (Seller)
LAW ornCES: KLINE, MOORE & KLEIN, P. A., GRANO BAY PLAZA,2665 SOUTH BAYSHORE DRIVE, SUITE 903, COCONUT GROVE, rLORIOA 33133
February 19, 1988
Mr. Carmen Annunziato, Zoning Director
Department of Planning, Zoning & Building
City of Boynton Beach
200 N. Seacrest Blvd.
Boynton Beach, FL. 33436
Re: Agency Agreement
Dear Mr. Annunziato:
This letter will serve as permission for Barry Barson to
proceed wi th making application for the land use amendment
to allow a P.U.D.
This letter will also serve as confirmation that Mr. Bob
Bentz & Land Design South are authorized to act as my/our
agent in all matters related to the zoning process regarding
property under contract with Barry Barson. Furthermore, Mr.
Bob Bentz and Land Design South will be authorized to agree
to any conditions which may result from this application as
part of the approval process.
Sincerely,
V ~ ~/
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RECORO VERIFIED
PAUli BEACH COUNTY. f1.A
JOHN B. DUNKLE
STATE OF FLORIDA CLERK CIRCUIT COURl'
COUNTY OF PALM BEACH .
I HEREBY CE.?T1fV thaI an this day bel",.. n.e. an officer duly qualIfied 10 toke acl<nowledgmenh. persor<>lIy appeared
JOHN LAMBERT VAN ';EZEWYK and ANITA LOUISE VAN HEZEWYK, convey1&9
their separate non-homestead e~of,e~ " .
c.. to me known '0 be tlte person S ilescribeCl in and aec the forflQOlng .nstrument and odnowl.dll.~,,~;n:t ihat
~ eaecvted the same. .... T '.- ,.., ,'r...J t ~f',
C'I') WITNESS my ~Jnd c:ond oHidal seal in .'he County a.nd Slotelo.I alOI"llSQ~id 1hi'~~of ~~~~.......~~:'\;
CD 1980. .' _.' '~ u ..:-:;.'<. .
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C") My coon..'ission eapires, I. C'. LeA ~~ . ry br...J ::~ ~
m t:ryn~' eUc~. :-1.. .:.,.,\. ~) . :'. :
.......uc IIA. 01 'WI11>>o '.1 V!lGo f;. ,-. - ~ .A:l ~ ,. \ ::: .~. .... if f
.w v...-s....y.,. I,., ;,. ~;..t.3 'tHlSINS'H.". ,.,.':.\orRL?"'RtD.)'4f~", <? .......'" .,'
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Thi. i'1St",ment _. prepared by:
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CBP!I MOOU. ...,..
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IJIOIIm)lIl aM1Io JI.QIIIDA -
ttJarrantg Brtd
(STArUTOn FOIM-S((TION 619.02 F.S.)
IJ,iJl lnb.rnllln. ~""de this
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19 BO. .rtwfD
day 01
JOHN LAMBERT VAN HEZ~Wl a~d ANI~A LOUISE VAN HEZEWYK, conveying
their s~parat.e non-homestea~ property
of the C.,~-o' - Ontario, Canada
..$-..01_
. grontor.. aftd
JOHl1 LAMBERT VAN HEZEWYK and ANITA LOUISE VAN HEZEWYK. as Co-Trustees
....how po.t oHice oddnss is Braeburn Farm, 883 Warden Avenue, R.I.;. I,
01 tile <"""",,",,, Unionville, Ontario
..$,........ Canada
. g'OftNe..
.itMllIrt~. ThaI said grantor. lor and in consideration 01 lhe sum 01
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and other good and ...Iuoble consideration. '0 soid grontor in hand paid by said granl.... the receipI whereof is hereby
acknowledged. ho. granted. bargained and sold 10 the said grantu, and grantee's heirs and assigns forever, the following
described land. situale, lyin9 and being in Palm Beach County. Florida. to-wil:
Parcel! - Tracts 121, 104, 89; Tracts 90, 103 and 122 LESS ~he
East 260.00 feet thereof; all being a portion of PALM BEACH FARMS
COMPANY PLAT NO.8. recorded in Plat Book 5r at Page 73. Public
Records of Palm Beach County, Florida, less road right-of-ways.
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Parcel II - Tract 71 LESS the North 60.0 feet thereof and LESS
the Ea~t 260.00 feet thereof; Tract 72 LESS the North 60.00 feet
thereof; all being a portion of PALM BEACH FARMS COMPANY PLAT NO.
8, recorded in Plat Book 5. Page 73. Public Records of Palm Beach
County. Florida, less road rig'.~-of-ways.
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ond .oid granlo( does hereby fullv worront the 'itfe 10 soid I..nd. and will defend the some again'I the Iowful claims of all
persons whomsoever.
;r "Grantor" and "granteeU art used for singular or plural, as context requires.
Gronlor ho. hereunlo set gronlor'. hand and seal the day and year firsl aba..e writhln.
/'/-/-~~
~4~~1.-? '"~ (Seal)
C~P. L.~rt_ Van H4?'i ~
~~.r4t ,~...;..~ ~ (Seal)
nita Louise Van Hez~7
(Seal)
(Seal)
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ADDENDUM "AtI
DESCRIPl'ION
TRACTS 121, 104 AND 89 LESS THE WEST 25.0 FEET THEREOF;
T~CTS 90, 103 AND 122 LESS THE EAST 260.0 FEET THEREOF;
TRACT 72 LESS THE NORTH 60.0 FEET AND LESS THE WEST 25.0
FEET THEREOF: TRACT 71 LESS THE NORTH 60.0 FEET AND LESS THE
EAST 260.0 FEET THEREOF: ALL BEING A PORTION OF PAUl BEACH
FARMS COMPANY PI.J\T NO.8, RECORDED IN PI.J\T BOOK 5, AT PAGE
73~ PUBLIC RECORDS or PAUf BEACH COUNTY, FLORIDA. .
I
CONTAINING 20.16 ACRES, MORE OR LESS (GROSS AND NET)
AlSO DESCRIBED AS FOLLOWS:
. ,
A PARCEL OF LAND IN gCTION 30. ,TOWNSHIP ~5 SOUTH, ~NGE .33
EAST, PAlJi BEACH couNTY~ ..'hib'lUDA, BEING.. MORE PARTICULA~r:.Y
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUrH QUARTER CORNER or SAID SECTION RUN
THENCE NORTH 01-10'26" EAST ALONG THE NORTH-SOUTH QUARTER
SECTION LINE 40.0 FEET; THENCE EAST 40.0 FEET TO THE POINr
OF:BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE
EAST 351.64 FEET; THENCE NORTH 01-04'28" EAST 2513.64 FEET,
TO A POINT IN THE SOUTH RIGHT-OF-WAY LINE OF LAKE WORTH
D~INAGE DISTRICT CANAL L-25 AS SAME IS RECORDED IN OFFICIAL
RE~ORD BOOK 2063, AT PAGE 1416, PUBLIC RE9QRDS OF PA~ BEACH
COUNTY, FLORIDA; THENCE SOUTH 69-49'00" WEST, ALONG SAID
JUGHT-OF-WAY LINE 347.30 FEET TO THE EASTERLY RIGHT-Or-WAY
LINE OF A ROAD RIGHT-OF-WAY AS IS RECORDED IN OFFICIAL
RECORD BOOK 2075, AT PAGE 572, PUBLIC RECORDS OF PAIli BEACH
COUNTY, FLORIDA; THENCE SOUTH 01-10'26" WEST, ALONG JUST
SAID RIGHT-Or-WAY LINE 2512.61 FEET TO THE POINTJJOF
BEGINNING.
I
CONTAINING 20.16 ACRES, MORE OR LESS, (GROSS AND NET).