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APPLICATION CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING BOARD LAND USE AMENDMENT AND/OR REZONING APPLICATION i This application must be filled out completely and accurately and submitted, together with the materials listed in Section II below, in two (2) copies to the Planning Department. Incomplete .applications will not be processed. Please Print Legibly or Type All Information. I. GENERAL INFORMATION 1. project Name: Lawrence and Hypoluxo Commercial Center 2. Type of Application (check one) a. Rezoning only b. Land Use Amendment Only xx c. Land Use Amendment and Rezoning 3. Date this application is accepted (to be filled out by Planning Department): 4. Applicant's Name (person or business entity in whose name this application is made): . Mar/Jame Limited. C/O James Marc Brandon Address: 7044 Lawrence Road Lantana. FL 33462 (Zip Code) Phone: 407 - 433-1071 FAX: N/A 5. Agent's Name (person, if any, representing applicant): Kieran J. Kilday I Kilday & Assoc;o.tes. Inc. Address: 1551 Forum Place. Buildinq 100 West Palm Beach. FL 33401 Phone: 407-689-5522 FAX: (Zip Code) 407-689-2592 6. Property Owner's (or Trustee's) Name: Same as Applicant Address: (Zip Code) FAX: PLANNING DEPARTMENT - APRIL 1991 A: LandUse ( 2) 7. Correspondence Address (if different than applicant or agent) : N/A *This is the address to which all agendas, letters, and other materials will be mailed. 8. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder, Developer, Contract purchaser, etc.) Owner 9. Street Address or Location of Subject Parcel: Southeast corner of HYPoluxo Road and Lawrence Road 10. Legal Description of Subject Parcel: See Attached Exhi bit "A" 11. Area of Subject Parcel (to the nearest hundredth (1/100) of an acre): 8.22 acres 12. Current Zoning District: CC-Community Commercial (County) 13. Proposed Zoning District: C-3 Community Commercial (City) 14. Current Land Use Category: Cl/5 (County) 15. Proposed Land Use Category: local Retail Commercial (City) 16. Intended Use of SUbject Parcel: Commercial 17. Developer or Builder: James Marc Brandon 18. Architect: Unknown at this time 19. Landscape Architect: Kilday & Associates, Inc. 20. Site Planner: Kilday & Associates, Inc. 21. Civil Engineer: Simmons & White, Inc. 22. 23. Traffic Engineer: Simmons & White, Inc. Surveyor: O'Brien, Suiter & O'Brien, Inc. PLANNING DEPARTMENT - APRIL 1991 A: LandUse II. MATERIALS TO BE SUBMITTED WITH APPLICATION (3 ) The following materials shall be submitted in two (2) copies, unless otherwise indicated: (check) xx xx XX b. ~ d. XX e. a. This application form. c. A copy of the last recorded warranty deed. The following documents and letters of consent: (1) If the property is under joint or several ownership: a written consent to the application by all owners of record, (2) If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and XX (3) If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and (4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and (5) If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Planning Department, and containing the following information: XX (1) An accurate legal description of the subject parcel. XX (2) A computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree Preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if property is occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant. Postage, and mailing labels or addressed envelopes must also be provided. Said liE\: shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. Notification of surrounding property owners will be done by the City of Boynton Beach. PLANNING DEPARTMENT - APRIL 1991 A: LandUse xx f. (4) A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: xx (1) A comparison of the potential square footage or number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. xx g. xx ( 2) A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. xx h. xx Proposed timing and phasing of the development. (3 ) (4) For proposed zoning of property to commercial or industrial districts, where the area of the SUbject parcel exceeds one (1) acre, projections for the number of employees. xx xx ( 5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements. For projects that generate more than five hundred (500) net trips per day, a traffic impact analysis must be submitted which complies with the Municipal, Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. (a) For projects that generate two thousand (2,000) or more net trips per day, the traffic impact analysis must be submitted to the City at least 30 days prior to the deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant. (b) For projects that generate between five hundred (500) and two thousand (2,000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by Palm Beach County. PLANNING DEPARTMENT - APRIL 1991 A: LandUse lindsey/brandon.108 g. The applicant is requesting annexation, land use and zoning approval for a parcel that has recently received a Commercial Low intensity land use designation and Community Commercial zoning in Palm Beach County. The applicant is requesting the comparable City land use and zoning designations of Local Retail Commercial and C~3 Community Commerciai designations respectiVf>ly. h. 2 ) 3) 4) 5 ) 6) & 7) 1 ) The City and County property development regulations such as setbacks requi rements are comparable. Therefore, traffic capacity will probably be the only factor dictating allowable square footage, Uses permitted by right or by conditional use are very similar in the existing County CC-Community Commercial zoning with the proposed City C~3 Community Commercial zoning district. As indicated in the Traffic Study submitted with this application, project buildout will occur in two (2) years (1993) . The subject property is currently approved for a Financial Institution (12~15 employees), a sit~down restaurant (10-12 employees), and a fast-food restaurant (8-10 employees). Future devplopment could allow three (3) more parcels wi th s imi lar numbers of employees. Overall, as many as 71 employees could be anticipated for this site. Since the existing and proposed zoning are the same, and the permitted uses are approximatply the same, the difference in traffic generation will be negligible. This project has recpived Traffic approval by Palm Beach County. See attached Traffic Impact Analysis. Again, since the existing and proposed zoning are very similar, very little difference in water and sewer demand should be expected. However, for reference, please find attached a water and sewer demand study. NOTE: ( 5) However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outlined under item "a" above shall be followed. Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application. ~ (6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the water systel,[ shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless different standards are justified by a registered engineer. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. xx N/A (7) ( 8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the existing zoning. Population projections according to age groups for the proposed development shall be required where more than fifty (50) dwellings, or 50 sleeping rooms in the case of group housing, would be allowed under the proposed zoning. (9) At the request of the Planning Department, Planning and Zoning Board, or City commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechanical equipment, screening of service areas and mechanical equipment, location of driveways and service entrance, and specifications for site PLANNING DEPARTMENT - APRIL 1991 A:LandUse (6) lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the Planning and Zoning Board or City Commission, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development. (10) At the request of the Planning Department, Planning and Zoning Board, or City Commission, the applicant shall also submit the following information: (a) Official soil conservation service classification by soil associations and all areas sUbject to inundation and high ground water levels. (b) Existing and proposed grade elevations. (c) Existing or proposed water bodies. (d) Form of ownership and form of organization to maintain common spaces and recreation facilities. ____ (e) A written commitment to the provision of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other 'public improvements or dedications as may be required. N/A (11) For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. (12) Where conformance with the County's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study) must be submitted to the Palm Be~ch County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal of the Land Use Amendment andl or Rezoning Application to the City. PLANNING DEPARTMENT - APRIL 1991 A:LandUse ( 7 ) III. APPLICATION FEES. Fees shall be paid at the time that the application is submitted, according to the fees which have been adopted by ordinance or resolution. The Planning Department will inform the applicant as to the fees which are required. All fees shall be paid by check, payable to the City of Boynton Beach. IV. CERTIFICATION V. (I) (We) understand that this application and all plans and papers submitted herewith become a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This ~_l~~~~ion will not be accepted unless signed according to ~rl?;Y:~l~ )< 7JJd4( ~~ 16-.J()- cr0 Signature of Owner(s) or Trustee, Date or Authorized Principal if property is owned by a corporation or other business entity. James Marc Brandon & James R. Brandon A ORIZATION OF AGENT q, ~~.- 10-6-92 Date 1- Signature 0 Owner(s or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. James Marc Brandon & James R. Brandon /0 - 20 ~ '/2- Date PLANNING DEPARTMENT - APRIL 1991 A: LandUse ; " > 1 1 I I I I I I I I I 1 I i J , !' .~ ~ 1 J . "'.~' ',..' ..-..... .n .... OOl~<UII'" OU(I nA Mce' .I'"::'In M (l T:ltltrP I'..' l~~ou soH-K1dr. 11I'\jlt'd .1lY~Jopol ...... r.]HAEL E. WA1'KINS ~ '\ltornc!y at L1W U1'N1 830 N. Krome Avo. P. O. Uox 1659 HorTlcs!Ci.ld, FL 33090 Wr ".~uumwt P'rJP1f'to;f by: ~(.... !,UIj-JH9B9 1O:J7"0 89-249072 ~ I r"HCHAEL E. WATKINS Attorney n! L1W 830 N. l(rorne Ave. P. O. Box 16!i9 Homc5tc<Jd. FL ZJ090 6179 P; 1957 ORB V.lClA~r THI111~E fOIl ~IIOCfSSI1lllOJ.TA r This 41uiHrInim llecd, En,,""/'!';' 3 d doy 0/ MARC BRANDON f.lnd lAU'RA BRANDON, hIs wIfe, 10lned by hIs wIfe, NANCY S. BRANDON, f{~Jl pur/y, 10 MAR/JAME LIMITED, D rlel"lda Lln,lted rartnershJ~1 UJllOuIJOJlof!ir:~ Ur/d'I'H;J 70411 Lawrence Rd., Lantana, FL 331lG2 Sf.lc:"(UOV(TH1SUNfTOIl.MCQlI.OIllllMH /J-rJ'r . A. D. IIJ 89 . by and JAMES R. BRANDON, J"""".1 p(lrly: lWI",.... ""J ,....,,, ,h. ...~" "I:,,, p',,~" .".1 ""<,,,,~ p.",' .1~.1I ..<l"ll. ,;~...l" .nJ pI"..,. h.:", l...l rop....nt."j....uJ...'rn...l,,,oJi,,,J,..l.,uJ'h.l"<<....."..J..,,.",,,Ic"'p",,,,.....,..h......'h.<".'.,, ... .oJ""" ~, "'I"i"..) 'ftJitness.cth, T/ud II,,, Jald fi,,' p"r/y. for nn'! III cu,..id.'rttl/III' of I/t~ HIm of $ 10.00 ill II/md pc 'II h), II,/! ",id I"COIlJ fJar/y, II,~ reeeipl wJ,ur.ol i. IH.''''/')' nclmuw/"'/O<ld. JnN /lert/"y rtmlH. 1"n"l! and qull.dnim Ulllo 11,1.' raid H.'COIl'! {lar/y loroClcr, nil /lte riold. Utlt. inll'....I. claim fJllJ l.monJ wIde!, II,,, lule! firll party T,a, I.. n"J 10 11'<l/01lQ,vl..0 I/e.all,.J 10/, pl..el.' or pnrc"lo[ [nflcl, .lIun/t. Iylno nll.I [,1'/"0 I" 1!,1t COlmly o[ PallTl BC<.1Ch $1"',,01 FlorIda ,In.wit, The North 1/2 of tIle North 1/2 of the Northwe~t lllf of the Northwest 1/4, SectIon 7, TownshIp 115 South, Range If3 E~~t, P~Jm nench County, FlorId~, less the Nort), 40 feet and JC5~ exIstIng road nnd drnlnuge rlghtD-of-wny. m:CQAD VEnIFIE;O PALM OEACH COUNTY rLA JOHN 8. OUNKLE CLGRK ClnClllT COUnT 10 llnut ltnd to ltold /ltrr Jnn!/' I()O~'I)'r' will, nil nnri Ji'llllllnr "'I! nll/"Jrl~nn"":l'1 ,1'<'ftIH,I" I /"'/""fli"(I al' I" nf1ywl.c nl'palnl"i"f1. 11",1 ,,/I I{,,, n/lllr. ,iofd. fill,~, i,,/t'u.I, lirll, "fTuily a',,{ cI"i", wI,,,I. W,'I'," o[ 1/,,' .l"~'{ fin:'pnrly. rill"'r ill {uw Or "flllily, )0 JIll' ollly ;Irol'~r UH'. b",".fil nnd 1,('IIOII[ of d,e "Ii'! .l:rund I'nrly forel'l:r. In lfHtn~ss 11fhc('l~ot Til<' lui,! fi"ll"zrly f,,,. .liOlll''! ""'/ s<'(,,',,,1 II'He ""'H',ds 1J.l: day n.,,[ yeM li'JI"[IO<'cw,itlc,1. ?7 siiJIl<.d, rlll",J ""'/ ,Idiv<,,<.d in /"".eIlCC ..I, L. S , .mill ......(M9 L. S. Lcf",. ".~, ". jn ,h~ S'>!C .r",~,~iu ~n,j in ,"~ Coun'y .r"rcl.i,j '" tJ~< '<~no",I<J.~m<n", p<..on,ll~ >PP<"',! hIs Y'lfe, ond James R. Brandor" Brandon, ,n ,nel who <~..u<<d ,hO' loresoll'S ",,,,,,,,'<n, ,no! LhC'y H~no",l<<!vJ C""n'y,nJS,....I>",f'''<I.id,hi, ~'~ cl,yo( ~~..&<.~e;,~ Notary PublIc, State of FlorIda ......l'-.............~. '" ~ , ' ~, ,:.', P' >' I'" I,: j; f"1 , ~',' , I b ~ ( L ~ i ;:, " t:i< fi~ I'.li.;! .'c~,~' t '/', t,s" !;!. hi U'" ~:t 1 .\~ I,' p;'i" ':.l! t" ,;~' ~':~i y~ -~. It." f',')" f" , l" I '. I j:;'i ~ '; ", ("I" ~"J.f ,J,'ll !fr ~~. f <. ~, 1''''..1' .,- I .~~ AUG-D6< '5fpffi 87- "'--,. /, ""- ;. ... ..LJ-,'_>33 87-234538 . Con . 980,000.00 Doc 5,]90.00 ~ jj JOHN B DUNKLE,CLERK - P8 COUNTY, FL ~ RECORD & RETURN TO: J GOLD8Er<G & YOUNG. P.A. r 1630 Norlh Feder"! HigllW"Y ./ P.O. Box 23800 Fori Loude"I"le. Florid" 33307 This inslrumcnf was prepared h'" LAW OFFICES lWaC{lanty 1fjeec! (STATU10RY fORM-SEC1ION 689.07 f.S.) GOLDUEHG &. YOUNCl, 1'. 1&:10 NOllTH H:ocnAl HIGHWAY f'O~T ornCE oox 2JU(X) FonT L^UD1~HDALJ~, l:'LoroDA :1:130~ l' '/ //);/)/;'J - ) :'. " Wllin 3lnllrntUf!', Mode rhi, 31st cloy of July 19 87. 'tlrlUIrrll HALTER H. JANKE, a 'single man, and FILICE JANKE, a married woman, 0/ rhe (oun!! 0/ Groward . Slale of Florida . 9ronlor"', n", ~ rt'\RC GRANDON and LAURA GRANDON, hi s l1ife, whose posl office address is 7044 Lal1rence Road, Lantana, Florida 33462 of Ihe County of Pa 1m Beach . Slole of Flori da . g.onl"'-. :milnrl1Jlrl!]. Thol ,aid g.on'o:. for and in con,ide'orion 01 ,he sum of ($10.00) TEN AND NO/l OOTfIS- --- --- -------------------- - ------- ------ -------------------------Dolln"', and olher good ond vallJoble considcralioM to said gro/1lor in hond paid by said gronlee, lhe receipl whereof is here!)', acknowledged, has gronled, bargained ond s.old 10 the wid grantee, and g(anlce'~ heirs and oHigM forever, Ihe rollowi'1 described Jand, situalc, rying and being in Pa 1m Beuch County, Florida, to.wil: The North 1/2 of the North 1/2 of the Northwest 1/4 of the Northwest 1/4, Section 7, Township 45 South, Range 43 East, Palm Beach County, Florida, less the North 40 feet and less existing road and drainage rights-of-way, SUBJECT TO: Restrictions, reservations, limitations, conditions and easements of record, if any, and taxes for the year 1987 and subsequent years. SUBJC:CT ALSO TO: I nat certain Purchase i"loney First rJortgage of even date herewith executed by Grantee in favor of Grantor. The Grantee herein assumes and agrees to pay all pending or certified liens with respect to the rea 1 property conveyed hereby. Grantor hereby represents and warrants that this property is not homestead property as homestead is defined under the laws and the constitution of the State of Florida and, furlhc that the Grantor has never resided on the ye\ll prO[1Crtv. and soid granlor docs hereby fully warron! the !ille 10 said land, and will defend Ihe somc agains! thc lowful claims 0/ 011 persons whomsoevcr. ,::?,:,~~~l~~~!~ i~J ~:r~~;:T~:!:~'~ ::~'e~L:.n:~::' hOer.:u:',:d ,:~' g'ri::,~~,: :::~u::~ ::o~o~::x::::~';\~eor fi," above ""lien : \1 I l,;i '--)' . .......,. !, .-;:; .______-.' /, / ') x ,..- /--...J !-::~{.:: I.... ( /V.................." /) HA,~ T;5}!,;c~_ANK~~.., j.// ? ALICE JANKE 1/ /;" ,I \ (Scal) ! (~~r ~~ r / (Scol) (Scol) {S::c!) STATE OF FLOR IDA COUHTY OF GROWARD I I-IEF~[BY CERTIFY that on lhis day before me, on o(ficer duly qualified 10 lake acknowledgmenls, penono)ly opp~ore(r" '."~I:.:l'" )1ALTER H. JANKE, a single man, and ALICE JANKE, a marr'ied woman, /:'~.~;").:~<,....._(; .. to me known 10 be lhe persons described in and who execule~V't21 10 cgoing instrument and a:knowledgep;:?~.I~~c~;f.e ~ho~1' the y execuled rhe same. ' ~ .;.....:.'i\. ~-:- C Ii] WITt..JESS my hand and officiol seal in fhe Counly and Slale/lo'S\a/?~ s.aid Ihis 31st doyof -: '\..J.H~y,:.J ..':) 1987 l' ./h,l..:c.r :\.: '/:. :.:' 0 ". \:)",:. Y') -r N P bl'" "T"i'o" My commission expires: olary u I~ .'. .,) ,1\ .', ". : -- ,~ () "'1::( .- ..'.''','' ". ,-"". ':';i{:t'..'....:,,: " ". ,~, . RECORD VERI,le? PALM BEACH cou,m', rLA JOHN B. OUNI(lE CLERK CIRCUIT COURT "I.. VP'-.\\{P~\J(J.c~-C\VP~~"\V~'~~9"'f~'~U~' ~UV,~Vj~U~~\U~' ~U' ~U~~'- ~U ~~U~~U~'''l\V~''''\\':':''';.",';'' In,C::;>'n' f:9,..(ggn,09nQ9nc9ng9ngCj,..,CCj^Oc>>~a::;1.pD.;.,OCj^QCj^09^QCj^o~;MJ9J...OCj^OgjPD: '~,/ ,',,' . 'J~ n~Q: 11,j('../U\(jC;JJ X\36/ 0U/J \':lull \:JrJ/l ,,:, u u fJ'')\~(.J Q/(,) uCJ lJ \:l LJ ~()fl.A Q LJ CiI..J rAl.J LJ ULJ (iGlL.1\::k,J[J\(: ~Y6 " . f jfj 8tl8 5fO'Ri r~tO\) ~% 0 r ~W: 57'()\o oI{)'e ~qg ~tat C ;:'1'>,' ':';-'t ,0... 'i) 3.Vb." ,(&~:"" ";", ~'- .J;".. "'I a i.;O\,' ~\Vj~' ~':.'~:,.:.: ~~. .... ~.'. :;::~'\. S~\\ I"~' ,.....H:(~ ,.... - 0CA::j .' ' .'\f':J(; .. '}\:J h"' \ {f.-! .,,1,-..... ..,.... Ill: ~'\V!5: J)J,::,: 5fO\~ ",&J;O: Ef()~ 5>9S "fO\?, ~QG Affidavit and Certificate of limited Partnership of MARl JAME ';In~ LIIVlITED L t d P rt h d d t' L f th 5~ ,;] imi e a ners ip organize un er ,le aws 0 e of 0\3 ~\Q'fi DC }!r.\ Co! this office. "\"P DYC iY{)~ S'\U~ ::5) C The document number of this Limited Partnership is A28759. aD,) ;'\'()~' D)<::;: uf{) :'1 ~\QE ..::/~c ",{)B ~u~., DlC Q{j ~) "'-\OP- ::>)(G '(;f()'tS '0..'JP- ?fh~ ~'JP Ef&~ ';1DJ!, ~~ l1i5ibcn unber mp banb anb tbe ~C'G @reat $leal of tbe $ltate ofjfloriba, [8)~ ut 'QI:alrrrl)mJ'liee, tl)e QCapital, tbis tbe ?Aiii ./'''1'i'''tES}:;-,." 16th bap of August, 1989. ef'-'\,; C\'Jj!~ P' o;.."t1,:,,/.~~,,~-y~ C\( ji.' D)<(., j~'$~ '~;"!U-"',O ?~c: ~D~ .;Ii; "R.j~:~:r~g ~U);! ~~ (~{:\1l!;~1t,_~~,~1~ ~l~) J)~;::: \%%1illi[f.'~i':;"').a",,:)'4~ :>;,t; ';101'0 '. ."G;j,~ q,';A' ' !! UU!!, ~\Q~' "'; '~1 ur:t~, () .. Q\V/,! :>) <:; \/1-: 'G~ ~ ;:~b~'~,"" :>)!.(~ ,((J ;, "',.r:,OD wE ;:;;,/ ]" ,g - t h r,1 i ; \, c\OP --............. .:!.dID """nIl +/ ('\'","', ~t~ Cfi2E022 (6-88) $ccrcbrl,! of $lzrlc p. '.: ;'\..'JP'\UP'i\\~j!2'i\'J~'i\.UJ!,'4~'2J..q;!'~Uj2'2.\~'2.\'J~'0..~~9f.2'C.\U)J.~\J!l,~9f2:~~~'Jfl'2J..Wl.'0..\J?'2J..Wd.r:\,q;I~\\)P'" ., ~~~~~~~~~~~~~~~~~~~~~~~ t,j,-~ ,,; ~1 )J2 I"'-.,r',""" a(l\;5 "IU);! :::JliC 610\,) ~\)P. :>.(C 010\0 gY<E d{)\o ~ '.\ ~ i ,":; , iIll'pur1mrn1 nf 9tutr certify that the attached is and correct copy of the a true Stille of Florida, filed on August 16, 1989, as shown by the records ~ . .-fl"., ~.U)~~ ~it:;;;? ::>)\~: :,]1 t? l\;~,~' ll", till., l_'" " ~);\\.~; r,j(' j\~J o!"Oi:! :1);, ' ,.!{)\,j '2.\\)/'1 :>)iC C;[(;\i; ~\CI/:2 :JY;:(; u[').:; i( ( (';';, -" cr. O? "f-: \ c; ~T as General Partner,! and \,~"', ,Ie::::; 7...'.', u c...._~. ,..... a I I m I t e d '~:: ',' . C' \-\'-:': c..'. co'-par~nership pursuant ~o the provisions of the LimIted"':::,, \." ..A 0-'-- <..-" .;:~:>:\ c0 AFFIDAVIT AND LIMITED PARTNERSHIP CERTIFICATE \-Ie, JAMES MARC BRANDON, "", -::::- '", . ,. \ ." JAMES R. BRANDON, subscriber having formed -'. cP ':'Zl"tncr:>hlp Law of the State of Florida authorizing t.he ~ormation of the same, hereby certify and state as follows: 1. That the name of the 1 Imi ted partnersh i pis MAR/JAME LIMITED. 2. Tha.t the character of the bus I ness sha 11 be c0 Angage in the ownership and/or operation of a wholesale and/o/- retail nursery outlet, a wholesale and/or retaIl fruit market, along with other related businesses, as ,""" as the authority to lease, operate and manage same, and to make loans on real estate on a secured basis, inciuding a second mortgage, to execute leases, deeds, contracts; mortguges,1 assignments; and any other documents ar,d Instruments necessary t~ carry out the foregoIng purposes, to borrow money and to give mor~gages and other security therefor, and to do all and everything necessary Gr' proper for the iJccompllshment of the objects herein c:numerated or necessary or If nc I denta 1 to the protect.Ton or benef j t of th I s partnersh i p, and I n genera 1: to carry ,-" ."ny la"Jful business neceSSiJry Incidental to the attainment 01 tIle objects or' purposes of thIs partnershIp. 3. The location of the principal place of business Is in the County of P31m Beach, State of Florida, wIth a mailing address of 7044 La\"rence Road, Lantana, Florida 33462. " .,. "rtlat the nome and place of residence of each mcmber, generiJ] and limited partners being respectively designated, are as follows: Genera J Partner Residence James Marc OriJndon 7044 Lawrence Road Lantana, FlorIda 33462 J3mcs R. Brandon 3130 WiJshlngton Rd. I-Iest Pa 1 m Beach, FL. The cont.rlbut.lons of the partners are as follows: ]. General partner Ja~es Marc Brandon, the use of '.he property known as: The North 1/2 of the North ]/2 of the North West 1/4 of t.he North West ]/4 Section 7, Township 45 South, Range 43 East, Palm Beach, County, Florida, less the North 40 feet and less existing road and drainage rights of waySj seventy thousand dollars and no/]OO's ($70,000.00) In capital which was. used to purchase said property and obtain the use of said property; and seventy six thousand two hundred thirty dollars and no/lOO's ($76,230.00) Invested in lease option to obtain addlXlonal properties for the operation of said business. Limited partner James R. BriJndon's Investment Includes '~sh in the amount of one hundred twenty five thousand fo n y two dol I a r san d no /l 0 0 ($ I 25, 042 . 00) and cas h I n Lhe amount of sixty five thousand dollars and no/IOO's (565,000.00) for a total Investment for the use of the ~ropr.rty and In the business of one hundred and ninety thou:5and ..lnd forty two dollars and nO/IOO's ($192...042.00). 5. That the term for which the partnership Is to exist Is twenty years (20) from the 30th day of June, ]988, ,.aid date being that date" upon which the actual partnershIp, t.hough not reduced to wrlt.lng, came Into beIng. 6. That. the iJmount of cash cont.rlbuted by each 1m! tcd partner I s the amount. of cash set forth In paragriJph 4 hereinabove, no other propert.y except t.he cash as set forth in paragraph 4 above being cont.rlbuted by any Llmlt.ed I"> iJ r l n e r her eta. No further contrlbutlons'of any property other than the cash enumberated above, Is to be made paid by any Limited Part.ner. 7. The additional contributIons agreed to be,made by each LImited Partner, and the times at which, or events on the happening of "/hlch, they shall be made are as follows: No L ImJ ted Partner sha I J be requ I red to make any iJdditJonaI contributions. -2- B. The time when the .contrlbutlon of each Limited ,rtner Is LO be returned Is agreed to be the end of ,id partnership, as above stated, to wit: twenty years (20) from the 30th day of June 1988, or when such contrlb- ution Is no 10nger necessary to the successful operatJons Of this limited Partnership and the return of such contr/b- ,~t. ion S VI ill not be i n v I 0 I a t ion 0 f C hap t e r 6 2 0 0 f the Florld~ Statutes, or upon prior dissolution of the partner- ,'.hip. In accordiJnce with the applicable FlorIda Statutes. 9. The share of profits or the other compensation by way of income which each lImited partner shall receive by reason of his contributIon Is set forth In a written agreement between all of the partners concurrently dated and filed at the offices of MAR/JAME LIMITED at 7044 Lawrence Road, Lantana, Fl or I da. The L Iml ted Partners sha 11 not be liable for any losses In excess of their inltal contrIbutIon to the partenrshlp, as enu~erated In paragraph 6, above. 10. The right Is given to the several LimIted Partners to substItute an 0ss1gnce or assignees as contrIbutors in thel r' place 35 Limited partners of said) Imlted partner- , ship on the 'Following terms and condItions: Providing all general partners agree in writing to the subst'ltutlon. 11. The partners hereby given no right to admit 'ldditional limited partners, nor shall any additional general partners be admitted, nor shall any person be subst I tuted I n the p1 ace of stead of a genera) partner who Is a signatory hereto, except as speCifically provIded herein. 12, No limited partner yilII have any priority over the other) Iml ted partner as to contr I but Ions or as to Ilrthcr compensat.Ion. 13. The right Is not given to any limited partner '0 demand or recleve any property other than cash In 'eturn For hIs contributIon. 14, The net profits or losses of the partnership -3- sh~1 ) be determined in acco~dance wIth accepted st~ndard orincipJes 01 accounting as' soon as possible after the close of each accounting year. An indivIdual capital account. shall be malnt~lned for e3ch partner t.o which ,harl b~ credlt.ed or debit.ed his contributions or wlth- drRwls, ns tl1e case may be. ] 5, It is agreed that unt I otherwise provided by ;l1ut-ua I agreement in wr i t I ng; the genera J partners sha 11 l,c Lh" ger:e'r~ 1 m~n~ger and shCl J J have full and excl us I ve business management and control of the said busIness. Any and a 11 documents; papers; contracts; deeds; mortgages; or"om] ssory notes... Clgreemcnts... rcce! pts, checks, und d I sbursc- mcnts of any nature whatsoever shall have written and signed wpproval of any general partner; otherwise any act shal be nul I and void and of no force or effect. 16. The genera 1 partners shall devot.e as much time and effort as Is reasonably necessary to the conduct of the pnrtnershIp business.,'. and shaJ J receive compensatfon therefor In the way of salary to be determined by the lImited partnershlp. 17. All funds of said partnership shall be deposited , in a bank or bank as m3Y be 'des 1 gnated by any genera 1 031-tner. All receipts derived from the conduct of saId :-),.:rtnership business shall be deposited in such bank dCL0unts and check sh~ll be drawn from such bank accounts fer partnershIp purposes only. Such checks ~re to be ';i!l,""d by ~ general partner or a person or persons desIgnated by a J J genera 1 part.ners. 18. Proper and complete books of account of the p~rtnership sh~J J be m~lntalned and kept in ~ccordance v/lth accepted accoun~in9 principals ~nd the detcrmlnation of the firm of ~ccounLants retained to audit the books shall be accepted as conclusIve by al I of the partIes. Said books shal Ibe maintaIned ~t the regular place of business of the partnership and saIl be ~v~J I~ble for JnSp(~CLlon ilL any reasonDble tfmc to all of the partIes hereto. -'1- - , I, , J ,', , "',' '. EXHIBIT "A" ~ 5' elf' /;t? 77?JA/" ~c- #,?~ r// #A't'r- (/(/,0.) t:I"r 7#c A/"/rH //#~r: 1tY- 0./ t:tr 7/-1'[ k'tJ~rRIY/E~r "'~n'~re~ (',,(/. tr.'-r,c) ",r .r//e A/'?~rh'tl/t:"r/ "'tf/,M'.rE~ {"v: ~//f// ~ .:'Ec//.:1"v 7; r"If/;{/ .f/r7;d -?'~ f't:lt:/r/-? 411,,(/vc ..;rJ ctfs7; "P/1,t/f4 .!1e4C#' t"dV",v.r~ r~d~/,c7~ ~.c5f' I"h"c- R'tfI,,€'7# ~t? F€"Er /.Rc=-~c-""'r=- tflf/tJ L~.5> T//c P'C7/ ~t? rc-d /PE4'c-dr-. Go VI. t"'-" vv' >a-- 1 t t' (l.. C#'> V\-= H.. 0"- lYv, . /Q::r~-+-k; v-A" ~U {orf/o,^- o~ H(j-oIJi<o RwJ Jl/c-J ~011.Hi'^O +k T1or~k fYDferh) ~''ti.- of I-k ohV<.- &4~}ot r~ o.vJ. tor-f k vf,\-k. tLt f",he?"- or- L<cV~Cr2.-'R,J.. f-lv ~Jt-+r3' tk C"<'/)r p~::~ ~i~-~~tL ~YL ot.w~kL p...n..J. . I i , , I I I I ---L ) ._~._----._--,_.,. --------- ., I EXHIBIT "A" OC- 5' C ~ /'/? 77c:?A/: TRd' ,,(/.?~ r# A"/!,(/' Cd 0.) c,r .77/c ..</~/r# //#,(~ f;j/, I'lzJ d/, 7//[ iVtlK'/,r:/,K/E>r ~t'/#//~A' ('~ tk-y,c.J ~"c 7#.:'"' A/'.?.L,r,4/M?/, ~&,,/!,.f?/E,t! (';1/,W:~/ ~ :fEc//.:?,(/' ~ TC/fa/.5'@,4' 4{;7'.:?t:/rh: ;::(#,(/5E' .(fJ cd's/; ?'4L/f4 cJc4C# C'dt:/#7?: r,(.?k'/.c7.4; .t.c:H ,r~- "vt:1~7h" -F-'c;7 ,Fcc/, /',H'E',.ec--d/" #/f,1::) LC:-5$' T/rc /(/c7'r ~c;7 /Cd /7/c""K'c-P-"c; '. -.-._-~--.----------------