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APPLICATION April 10, 1986 Planning Department 200 N. Seacrest P.O. Box 310 Boynton Beach, Fla. 33425 Re: Land Use & Rezoning Petition, 3.9 acre PCD, N/S Boynton Beach Blvd. just East of Congress. To Whcm It May Concern: I agree, as sole contract purchaser and eventual owner of the above- referenced property, to abide by the tenns of the contract and to abide by any and all conditions of approval inposed by the Boynton Beach City Camnission. Sincerely, Steven Rhodes Notary : ~ --;!: 8-y ill,ol.f, r ~1Ib!lIi... Slate of Rorida ., <: - ':.0. &Pres foib. ~iL Itl1dI . ~~"""iIiU-~"" April 10, 1986 Planning Department 200 N. Seacrest P.O. Box 310 Boynton Beach, Fla. 33425 Re: Land Use & Rezoning Petition, 3.9 acre PCD, N/S Boynton Beach Blvd. just East of Congress. To Whom It May Concern: I agree, as sole contract purchaser and eventual owner of the above- referenced property to abide by the terms of Unified Control as stipulated in Section 6-F3: A, B & C. Sincerely, if Steven Rhodes Notary: ~ ~"~o"tlto/t0 My Commission Expires reL. 21, 198! Bonded Thrll TCQyfain.In>","n,,,,ia. /' /: ASSTGNMEN'I' THIS ASSIGNMENT, effective the 15th day of February, by and between RHODES CAPITOL COMPANY, a Florida general partnership, D. R. ASSOCIATES, a Florida general partnership, and JAMES W. HART, JOANNE HART, DOMINIC PALOMBO, FRANCIS A. ASTORINO, MILDRED S. ASTORINO, GRETCHEN F. BROWN and THE ESTATE OF R. MARSHALL BROWN (the "Sellers") (1) In accordance with that certain AGREEMENT OF SALE AND PURCHASE, dated the 27th day of September, 1985, Section 19 (the "Agreement") RHODES CAPITAL COMPANY, a Florida general partnership as Purchaser (the "ASSIGNOR") hereby assigns its rights, title and interests to STEVE RHODES (the "ASSIGNEE") and ASSIGNEE hereby agrees to assume the duties and obligations arising under the Agreement. (2) By exe cution hereof the under signed as Seller sunder the Agreement hereby consent to this Assignment and agree to release the Assignor from all liability and obligations arising under the Agreement. S~ned, sealed and delivered / in th. TI'. ence of: \ .J . - ~~~,~ j~lA~~ SELLERS ,I/j , l ~ vC/4L rC. ,~/, 'JhJ JAMES W. HART Executed on J-/7 , 1986. ~ '.....L- /k:t: J te~~~ ~--jy , 86. ~;ZO ~. ~. tJr ~ tv.. ( ,~ JJw....J JJJt i INIC PALOMBO_ Executed on 3-/7 , 1986. As ..t.O J.;;rt C;; I . ~ (7?~ () Jhr~ As to D. Palombo MMG/02/24/86/mmn ----- ' ~CT . J -' /Y)Q.--c / ./ f 7l();r.jlj/ 0 ?lIflUl~'i As to . A. Astorino c-=3Ja A y--p~ /na~..;; <--nO/r~ 0, f~ ?~YL As to G. F. Brown )1~~4 As to J. . Brown .. 5h/J //J77) ~ ///1 ~ ~~~ As to ~ M. Brown ,M-~ ~,. _~'h As to P. A. odes \ ~ ~ d ~ OLl.VvkJcA' ~ S. Rhodes r As to A. B. Leibovitt f~tf~ FRANCIS A. ASTORINO Executed on ~-/9 , , 1986. IJJ ((,<.'u-L xl tt/~-I--c:!k- MILDRED S. ASTORINO Executed on :]-/7 , 1986. ~ ~~ /?AAU#-/ RETCHEN F~ BRCM~ Executed on 3-/ , 1986. ." D N CAN BROWll, ersonal Representative Exe-cuted on 3 -/7 , 1986. By,~Lr 'J,c;];."if,) ONALD M. BROWN, Personal Represi7tative Executed on 3 , 1986. / ASSIGNOR OMPANY, partnership 1986. A ASSIGNEE By: _~ TEVE RHODES r. I Executed on +VI.:> ')'-{, 1986. BROKER ARTHUR B. LEIBOVITT Executed on , 1986. HIMMELRICH & COMPANY By.~4;1' Ex~cute oni ~7 ~ 1986._ / 2 // , ' FIRST AMENDMENT m AGREEMENT OF SALE AND PURC'RASE WHEREAS, JAMES W. HART and JOANNE HART, his Wife, DOMINIC PALOMBO, FRANCES A. ASTORINO and MILDRED S. ASTORINO, his Wife, GRETCHEN F. BROWN, and the ESTATE OF R. MARSHALL BROWN, deceased, c/o Raymond J. posgay, Esquire, 1990 East Sunrise Boulevard, Fort Lauderdale, Florida 33304 as "Sellers" and RHODES CAPITAL COMPANY, a Florida general partnership, of 233 Royal ,Poinciana Way, Suite 2, Palm Beach, Florida 33480, which assigned its rights, title and interests to STEVE RHODES c/o MICHAEL M. GFESSER, ESQUIRE, Northbridge Tower I, 515 N. Flagler Drive, West Palm Beach, Florida 33401 as "Purchaser", did enter into an AGREEMENT OF SALE AND PURCHASE dated September 26, 1985 (the "Agreement") respective to the sale and purchase of approximately 3.971 acres of land referred to as "PARCEL 0-1" and more particularly described on the attached Exhibit "A"; and WHEREAS, Purchaser and Sellers have agreed to amend certain portions of the Agreement. NOW, THEREFORE, in consideration of DOLLARS, the adequacy and receipt of which is acknowledged by Sellers and the mutual covenants contained herewith, the parties agree to amend the Agreement as follows: SECTION 5. INVESTIGATIONS: Is hereby amended as follows: The last sentence of Section 5 is deleted in its entirety and the following is substituted in its place: "On or before February 25, 1986, Escrow Agent shall pay the Escrow Money Deposit of - DOLLARS to RAYMOND J. POSGAY, TRUST ACCOUNT, and said payee MMG/02/24/B6/rnmn is authorized to disburse the funds to Sellers. Such deposi t is nonref undable and shall not be credi ted against the Purchase Price at closing. On or before February 25, 1986, Purchaser shall pay the s urn of DOLLARS to RAYMOND J. POSGAY, TRUST ACCOUNT, and said payee is authorized to disperse the funds to Sellers. Such payment is nonrefundable and shall not be credi ted against the Purchase Price at closing." ~F.CTTON 6. TERMS: Is hereby amended as follows: The first sentence of Section 6 is deleted in its entirety and the following is substituted in its place: "On the Date of Closing, Purchaser shall pay ::0 Sellers the sum of DOLLARS represented by a Cashier's Check drawn on a bank located in Palm Beach County, Florida, which sum shall be subject to credits, adjustments and prorations as provided for in Section 9." SEC'l'TON 7. TIME AND PI.ACE OF CLOSING: follows: Is hereby amended as The first two paragraphs of Section 7 are deleted in their entirety and the following two paragraphs are substituted in their place: "This transaction shall be closed in Palm Beach County, Florida in the offices of Purchaser's financial lender on or before the 15th day of October, 1986. Purchaser shall have the right to extend the date 2 MMG/02/24/86/mmn of closing for up to a maximum of four (4) thirty (30) day periods, by paying to Sellers a nonrefundable extension payment of Five Thousand ($5,000.00) Dollars for each thirty (30) day extension. Purchaser shall make its election to extend the October 15th, 1986 date of closing by delivering to Sellers an Extension Payment on or before October 10, 1986, whereby the date of closing shall then be November 15, 1986. Purchaser shall make its election to extend the November 15, 1986 date of closing by delivering to Sellers an Extension Payment on or before November 10, 1986, whereby the date of closing shall then be December 15, 1986. Purchaser shall make its election to extend the December 15, 1986 date of closing by delivering to Sellers an Extension payment on or before December 10, 1986, whereby the date of closing shall then be January 15, 1987. Purchaser shall make its election to extend the Janaury 15, 1987 date of closing by delivering to Sellers an Extension Payment on or before January 10, 1987, whereby the date of closing shall then be February 15, 1987. There shall be no extensions beyond February 15, 1987, unless agree in writing by Sellers. The Extension Payments shall be nonrefundable and shall not be credited against the purchase price." ~F.CTTON 12. CONDTTTONS OF CLOSTNG: Is hereby amended as follows: The third paragraph of Section 12 is deleted in its entirety. SECTTON 13. ZONTNG: Is hereby amended as follows: The second paragraph of ,Section 13 is deleted in its entirety. The third paragraph of Section 13 is deleted and the following is substituted in its place. "Purchaser agrees to file applications for said zoning on or before April 1, 1986." 3 MMG/02/24/B6/mmn The fourth paragraph of entirety. Section 13 is deleted in its SECTION 16. SIGNS: Is hereby amended as follows: :Section 16 is deleted in its entirety and the following is substituted in its place: "On June 1, 19B6, Purchaser, at Purchaser's expense and liability, shall have the right to erect such signs on the Premises as Purchaser elects, subj ect to all applicable governmental ordinances, rules and regulations which may be applicable. ., SEC"l':rON 25. DEFAULT BY SF.T.T.ER: Is hereby added as a new Section to the Agreement. Section 25 shall state: "If Seller fails to perform any of the covenants, terms or provisions of this Agreement, then Purchaser shall have the right to an action for damages or in the alternative the Purchaser shall have the right of specific performance.... SECTION 26. DEFAULT BY PURCHASER: Is hereby added as a new Section to the Agreement. Section 26 shall state: "If Purchaser fails to perform any of the covenants, terms, or provisions of this agreement, then Sellers shall retain the nonrefundable deposit monies as full and complete satisfaction of this Agreement and this Agreement shall terminate and be null and void and the parties shall be relieved of all obligations and duties arising out of this Agreement. .. 4 MMG/02/24/B6/mmn By execution hereof, the parties agree that the Agreement is valid, binding in full force and effect, and has not been terminated for any reason. This Amendment shall become effective upon the last date of execution by the parties hereto. S~, sealed and delivered ( i~ 7. pre~~fle of: I~- 1~ c.:.- ~~ - ~- (/A~.. WTi Bart C-- ~~ tJJJ ..r.,,,,, ~ \JJW SELLERS , '//J- ( .~ ( \ \'/?- i'./ ,,' / i J , I t /#UJ.-.[ i/ JAMES W. HART . Executed on 3-1'1 I / V; , 1986. 1986. ..:1 DOMINIC/ALOMBQ . I~ Execute on 3"1'1 ~_. ~ 0..-/ /};~ // 1It2/tl/'f 0, ?/JhOJW ~ As to . 'A. Astorino ''7; ?~~; , /1 ~'i I ~. As to G. F. Brown . ~~d1~ As 0 . D. Brown .54/?/M)(l~,{~, ~. C'_'\jL'" '^--J' As to D. . Brown _ ~t4' - t ~ fTY-.J-p a ~ fl/JU--J) ~ S. Rhodes ~ As to A. B. Leibovitt , 1986. rf~ il ~ FRANCIS A. ASTORINO Executed on 1-1 <:; , , 1986. 1JuLh.d ,4, d;, kM/!~~ MILDRED S. ASTORINO Ex cuted on 3-, '? , 1986. , 1986. . NCAN BRC"'Hj, Personal Representative E1ed on 31 ,198'. By, ( ~ ;t,,'j,X:",,nu DO ALD M~ BROWN, ~ Personal Repr~i7tative Executed on, I 1986. PURCHASER ST 1986. BROKER ARTHUR B. LEIBOVITT Executed on , 1986. 5 "- ( / MMG/02t2~/86/mrnn \ ~LR~MPANY BY:-///:;(Y/{. . ~;LL /Exe~ted~n ;~/, 1986... 6 /' / / AGREEMENT OF SALE AND PURCHASE Agreement made between JAMES W. HART and JOANNE HART, his wife, DOMINIC PALOMBO, FRANCES A. ASTORINO and MILDRED S. ASTORINO, his wife, GRETCHEN F. BROWN, and the ESTATE OF R. MARSHALL BROWN, deceased, c/o Raymond J. Posgay, Esquire, 1990 East Sunrise Boulevard, Fort Lauderdale, Florida 33304 as "Sellers" and RHODES CAPITAL CO., a Florida general partnership, of 233 Royal poinciana Way, Suite 2, Palm Beach, Florida 33480, as "Purchaser". WIT N E SSE T H: 1. ,sale of Premises: Sellers agree to sell and convey to Purchaser, and Purchaser agrees to purchase from Sellers, all that ceratin piece or parcel of land containing approximately 3.9+ net useable acres, on Boynton Beach Road, Palm Beach County, Florida described in Exhibit "A". purchase mately 2. Purchase Pr ice: The total price for the Premises shall be per sq. ft. consideration or approxi- 3. Escrow Money Deposit: deposited with this Agreement and an additional deposited within 5 days fOllowing mutual execution of this Agreement. Said monies shall be deposited with Arthur B. Leibovi t, (hereinafter called the "Escrow Holder"), Trust Account No. 1. 4. Title: Within twenty-one (21) days fallowing execution of this Agreement by both parties, Sellers, at Sellers' expense, shall delh 0r to Purchaser a commitment (the "Commitment") for an Owner's Form A Title Insurance Policy issued by a qualified insurer agre-:ing t.o issue to Purchaser an owner's policy of title insurance in the amount of the purchase price. ~/ 5. Investiqations: Purchaser shall have until forty-five (45) days following the effective date of this Agreement (said forty-five (45) day period shall be referred to in this Agreement from time to time as the "Inspection Period") to make an inspection of the Property and to conduct investigations with respect to the property and/or the use thereof. In the event Purchaser is dissatisfied with the results of ~ts investigation, for any reason, and at Purcha- ser's sole discretion, Purchaser shall notify Sellers, in writing, on or before the expiration of the Inspection period of its election to cancel this Agreement in which event the Escrow Agent shall return the Initial Deposit to Purchaser Whereupon the parties shall be released from, all further liability hereunder. Failure to nqtify Sellers of such election in writing on or before the expiration of the Inspection Period shall be deemed a waiver of Purchaser's right to cancel this Agreement. In the event the Commitment referred to in PARAGRAPH FOUR above are not delivered within the twenty-one (21) day period provided for such delivery, the Inspection Period shall be extended on a day-by-day basis for each day's delay (beyond said twenty-one (21) day period) in delivering the Commitment or survey. After the forty-five 45 day Inspection Period, Purchaser is to deposit an addi- tional , into the Arthur B. Leibovit Trust Account * 1 (for a total of . / . said total of shall then be disbursed to Sellers. 6. Terms: cash. At Closing of which the dep6sits referred to here~n is a part. The balance of the purchase price shall be represented by a purchase money note, secured by a mortgage, with the following terms and conditions: The note shall bear interest at Eleven (11%) Percent per annum. It shall be payable in quarterly install- ments of interest only for 18 months. It shall balloon in the 19th month when all principal 'and any outstanding inte- rest shall be due,. The PMM document shall provide: The PMM is prepayable at any time prior to the 19th month with no premium or penalty. Purchaser shall be responsible for the cost of recording the PMM, the state stamps on the note and the intangible tax on the mortgage. Payments on the note shall be made to HIMMELRICH & CO., Escrow Account, on behalf of the Sellers. 7. TIME AND PLACE OF CLOSING: Closing hereunder shall take place at 10:00 a.m. ~ the l20th day following the expiration of the Investigation Period in the office of Sellers' attorney, 1990 East Sunrise Boulevard, Fort Lauder- dale, Florida 33304. Upon the payment of the second $5,000 deposi t referred to in PARAGRAPH FIVE above, the parties shall mutually determine the exact calendar date herein contemplated. In the event Purchaser has not obtained approval by the City Commission of its requested "C-3" zoning, said 120 day closing period may, at Purchaser's option, be extended to no later than five (5) calendar days after the next regularly scheduled City Commission meeting at which any zoning matters appear on the agenda, whether related to this Agreement or not. Purchaser shall have the right to extend the closing of this transaction for two separate 45 day period commencing with the termination of the above referenced time sequence upon the direct payment to Sellers of the sum of SlO,OOO for each extension. Said payments of $10,000, or a possible total of $20,000, shall be in addition to the purchase price of $1,136,000 and shall not be subject to a real estate commission. Title shall be conveyed by statutory warranty deed and all instruments shall be executed on standard forms in common usage in the community. Sellers shall also provide a GAP Affidavit and be entitled to disbursement of proceeds at closing upon the delivery of the deed and affidavit. 8. pcssessicn: Possession of the 'premises shall be given to purchaser at time of Closing unoccupied and free. of any leases, claims to or riyhts of possession by delivery of Sellers' general warranty deed, in proper recordable form, duly executed and acknowledged by Sellers. All structures located on the Premises and any billboards and advertiSing signs on the Premises shall be removed by Sellers prior to closing. The parties recognize the property is vacant. 9. Taxes - Apportionments: a) Real estate taxes and water and sewer rents and charges shall be apportioned pro rata on a per diem basis as of the date of closing hereunder. If the Closing occurs prior to the issuance of the tax bill for the year of closing, the taxes shall be apportioned based on the prior year's gross tax bill, and a further adjustment may be demanded by either party after receipt of the tax bill for the year of closing. b) Documentary Stamps on the deed shall be the responsibility of the Sellers. 10. Eminent Domain: In the event of the taking of all or any part of the Premises by eminent domain proceedings or the commencement of any such proceedings, Purchaser shall have the right, at Purchaser's option to terminate this Agreement by giving written notice to Sellers on or before the date fixed for closing hereunder. If Purchaser does not terminate this Agreement eitber under this provision or pursuant to any right of termination, hereunder, the purchase price for the Premises shall be reduced by the total of any awards or other proceeds paya1,le by reason of any taking which were not theretofore paid to Sellers. Sellers agree to notify Purchaser of eminent domain proceedings within five (5) days after Sellers learn of any proceedings. Purchaser shall have the sole right (in the name of Purchaser or .Se~lers, or both) to negotiate for, to agree to and to contest all offers and awards. 2 11. Sellers' Representations and Warranties: Sellers represent and warrant that as of the date hereof, and as of the date of closing: a) Sellers have all legal right and autho- rity to sell the Premises to Purchaser. b) No impact fees or like charges or imposi- tions have been assessed against the Premises. c) No person or entity has any right or option to acquire the Premises. d) There is no action, suit or proceeding pending or, to the knowledge of the Sellers, threatened against or affecting Sellers or the Premises or any portion thereof relating to or arising out of the ownership manage- ment or operation of the premi~es, in any Court or before or by any Federal, State, County of Municipal Department, Commission, Board, Bureau or Agency or other governmental instrwnentality. e) Neither the entering into of this Agree- ment or the consummation of the sale has or will constitute a violation or breach of any of the terms of any contract or other instrwnent to which it is a party or to which it is subject or by which any of its assets or properties may be affected. The aforesaid representations and warranties shall also be accurate as of the date of closing and, if not accurate, Purchaser may terminate this Agreement. 12. Conditions of Closing: Purchaser's obligation to perform hereunder is conditioned upon the following: ?/ , Premises of service and Purchaser's Purchaser's a) The availability at the site of the all utilities including publiC ,sanitary sewer public water lines being of such capacity as in reasonable judgment, will properly service intended development of the Premises. b) Purchaser and any person designated by Purchaser, at Purchaser's expense at any time after the execution of this Agreement shall have the right to enter upon the Premises to inspect, appraise and make surveys of the Premises and make test borings, percolation tests and other tests to confirm that the representations made herein are true and accurate. Purchaser, at Purchaser's expense, shall restore the Premises to their condition existing prior to any such test borings, percolation tests and other tests. Purchaser shall be deemed to have waived the above conditions at such time as it may exercise the second forty-five 45 day extension provided for under PARA- GRAPH SEVEN hereof. 13. Zoning: Purchaser shall use all due diligence to obtain at least C-3 Community Commercial District zoning, Boynton Beach, for subject parcel. All expenses related to this rezoning such as soil tests, surveys, market studies, drainage statement, traffic statement, site plans, legal fees, etc. shall be solely at Purchaser's expense. Purchaser represents that he shall employ the ~ services of Alan Ciklin of Boose, Ciklin, Martins, et al, of ~ West Palm Beach to secure the aforesaid commercial zoning, or any other zoning agent who may be mutually agreed upon by both parties. Purchaser further represents that he will file 7 applications for said zoning within forty (40) days following the expiration of the Investigation per~od. ./ } In the event that at least C-3 Commercial / zoning is denied on subject property, this contract shall terminate and as liquidated damages Sellers shall retain all ~ monies deposited to date and Purchaser shall give all of the ~. aforementioned materials acquired to date to Sellers for their free use. Purchaser shall forfeit, in addition all deposit monies paid, all expenses paid in the development and zoning process and further warrants to pay all outstanding balances for the services rendered by the professionals involved. 14. Property Includ .'d: The sale of the Premises includes all right, title and interest, if any, of Sellers in and to any land lying in the bed of any street, road, high- way, avenue or alley (opened or unopened, existing or propo- sed, now vacated or hereafter ~o be vacated) in front of or adjoining the Premises, to the centerline thereof, and all right, title and interest of Sellers in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to the Premises by reason of change of grade of any street, road, highway, avenue, or alley; and Sellers agree to execute and deliver to Purchaser, at closing, or thereafter, on demand, all proper instruments for the convey- ance of such title and the assignment and collection of any such award. In addition to the foregoing, Sellers agree to assign to Purchaser, to the extent assignable, any and all permits, licences, certificates, and approvals which Sellers have heretofore obtained in connection with the development of the Premises. 15. Brokeraqe: Sellers and Purchaser hereby represent that they have not dealt with any broker or other intermediary in connection with this transaction other than Himmelrich & Company, and Arthur B. Leibovit Realty, whose commission shall be paid by Sellers. Sellers shall be responsible for a commission in the amount of Ten (10%) Percent of the purchase price, Five (5%) Perqent to each of Himmelrich & Company and Arthur B. Leibcvit Realty. Said commission amount shall be payable on a differed basis as monies are received by Sellers together with accrued inte- rest. 16. Signs: After the exercise of the last forty- five (45) day period referred to in PARAGRAPH 7 hereof, Purchaser shall have the right to erect such signs on the Premises as Purchaser elects, subject to all applicable governmental ordinances, rules and regulations which may be applicable. 17. Notices: All notices to be given by either party to the other hereunder shall be in writing and shall be delivered in person or given by United States registered or certif ied mail, postage prepaid, return receipt requested, addressed to the party for whom intended at the address of such party appearing after such party's n~me at the beginning of this Agreement or at such other address as the party in question may specify in a written notice to the party giving notice. All notices shall be deemed given on the date delivered in person or the date of the mailing. Notices by the parties may be given on behalf by their respective attorneys. 18. Bindinq Effect: This Agreement shall be binding upon and inure to the benefit of Sellers and Purcha- ser and their respective heirs, executors, administrators, successors and assigns. 19. Assiqnment: This Agreement may not be assign- ed by Purchaser to any person or entity without the consent of Sellers, said consent to not be unreasonably withheld. 20. Entire Aqreement. This is the entire Agree- ment between the parties and there are no other terms, obligations, covenants, representations, statements or ~'conditions, oral or otherwise, of any kind whatsoever. Any 4 Agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of this Agreement in whole or in part unless such Agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought. 21. Development Approvals: Sellers agree to cooperate with Purchaser (at Purchaser's expense) ,in connec- tion with any application for, or the processing of any site plan approval, rezoning or permits which Purchaser elects to apply for or process prior to closing hereunder, including without limitation, executing any instruments or documents that Purchaser reasonably requests in connection with such rezoning or permit approval process, subject to Sellers prior review ana approval, not to be unreasonably withheld. 22. Headings: The headings incorporated in this Agreement are for convenience in reference only and are not a part of this Agreement and do lot in any way limit or add to the terms and provisions hereof. 23. Effective Date: The effective date ("Effec- tive Date") of this Agreement ::;hall be the last date upon which both Purchaser and Sellers have signed and/or initial- led where appropriate. 24. Acceptance: This contract shall be accepted by all parties on or before the ~7 day of September, 1985, or this offer shall become null a~oid. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. SELLERS ~~ bl dJ- S W. HART DAT}..: /;15fr~ , d'I/fM.ttc:~ R tf~.ur FRANC'S A. ASTORI~O t-~ff LDRED S. ASTO ~ LL BROWN y GRETCHEN F. BROWN OAV~~ PURCHASER: DATE: f/n/sf RHODES CAPI AL CO., a Florid~e~e~ ~artnership By: ~~ P L A. RHODES, eneral Partner Escrow Agent aCknowledges receipt of the initial deposit provided for in this Agreement (if check, subject to clearance) and agrees to hold it and the additional deposit and disburse said deposits in accordance with t ~ terms of this Agreement. By: ~ -t;./1"c.. f;: r Naiifr\' ft:b!!Y S~ate of F!~;~;: M (ommissio!1 txp!Te: ft~. ,t. , V .ncn~.d ltllll 11<:1Y h,n .lr.:;UI~RC8. I! BROKERS: . , a(~) ~Jr-n\~ -RTHUR B. ~E OVIT DATE: f' -/J- cF'J' , DATE: ~~7 /~6 I / ).. ~/ " '" b0UQ_Y~~_0~~UQ~~UI_BUQLgB_B~IQU!U~_eEEb!~BIIgU City of Boynton 8each, Florida Planning and Zoning Board 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. t. E~~~B0b_!~Eg8~6I!g~ 1. PrOject Name: lJ"deeis!ld eR.e>,? cR!::f:k {!::)/TKC 2. Type of Application (check one) -------- a. Rezoning only -------- b. Land Use, Amendment only X c. Land Use Amendment and Rezoning -------- 3. Date this Application is Accepted (to be filled out by Planning DepartmE?nt) : -~------------------------------------------------------- 4. Applicant~s Nanle (person or business entity in whOSQ name this application is made): Address: _,___S!:.~~~~~c!..c:.s-,-~:.!'::-~~~o-cJ.'!!(!s------- _ ____________________________ 232 Royal Palm ~ay ---------------------------------------------------------- __ __ ~ ~~~!~~ !:~,_!~ Cl.,r:.ij~ _:!~~[).9 __ __ _ _____ _________,______ _ _ _ - -- __ -- _ --_ Telephone Number: (305) 655-7885 -------------------------------------------------------- 5. Agent's Nanle <person, i.f any, r~pr.e5er.\ting applic~rlt): Addres'5: ___K~.~Ln_.0~_~Lnl~r '-.!-~ ~i-B~~~!!.~_c;!1_!,!9.. '1a..ngm~lltL l!l~.______ __ _______ --- __ _l~~~_~l~_~_ ~.!lJ) !:.!!..sy _ ~'!..~I!.U~,l_ ~~Jj:.!!._ ~lJljJ_ _ _________________________ West Palm Beach, Florida 33409 ~ -..---------------------------------------.------------------- Planning Department 1-86 page 1 , , . Telephone Number: (305) 686- 2481 -------------------------------------------------------- 6. Property Owner's (or Trustee's) Name: R L llars.b..a.U_.& _Gr..e.tch.e.rL ]r.<lli14.. J.am.es_ k _J.o.anne. Jlart.. ..Er.il nc.e.s_ .&.J':'U.dred Astorino and Dominic Palombo Address: --------------.------------------------------------------ P.O. nox 4535 Green Tree West, Pittsburgh, Pennsylvania 15205 -------------------------------------------------------- Telephone ~~~_~~~m!2.r:~~h__~~~-~2~~____________________________________ Number: 7. Correspondence Address (if different than applicant or agent):. -------------------------------------------------------- -------------------------------------------------------- · 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.) Contract Purchaser ------------------------------------------------------------------ 9. Street Address or- Location of Subject Parcel: -lJo.d;h..side._D,L~o.o. Beach Boulevard (S.r.. 804), approximately 800 feet east of Congress Avenue -----------------------.------------------------------------------- 10. Legal Description of Subject Parcel: ------------------------------------------------------------------- SEE EXHIBIT "A" II.TTACHED ------------------------------------------------------------------ ----------- ---'--..-----.----..-------.------ ~"_..-'._-~--- ._----~----------------- ------------------------------------------------------------------ ------------------------.-.----------------------------------------- 11. Area of Subject Parcel Ita the nearest hundredth 11/100) of an acre): 3.97 ----------------------------------------------------------------- Planning Department 1-86 page 2 --., , EXHIBIT "A" DESCRIPT:CON OF PARCEL "0-1" A certain parcel of real property in Section 29, Township 4S South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, more particularly described as fol- lows: From the Northwest corner of Section 29, Township 4S.South, Range 43 East, Palm Beach County, Florida run North 87043'48" East along the North line of said Section 29 a distance of 784.38 feet to the Point of' Beginning and the Northwest corner of the herein described parcel continue thence along the North line of Section 29 North 87043' 48" East a distance of 1156.02 feet to the centerline of Lake Worth Drainage Dis- trict Canal E-4 thence South 2 'bS'S4" East along the center- line of said Canal E-4 a distance of 274.82 feet, more or less, to the centerline of State Road 8-804 as same is recorded in Road Plat Book 2, ~ages 217 through 220, Public Records of Palm Beach County, Florida thence South 87054'06" West along the centerline of said State Road 5-804 a distance of 11S6.02 feet, thence North 2 'OS'54" West a distance of 271.35 feet, more or less to the Point of Beginning. LESS the East 75 feet thereof for R/W of L.W.D.D. Canal E-4, ALSO LESS the North 60 feet thereof for R/w of L.W.D.D. Canal L-24, AND ALSO LESS the South 53 feet thereof for R/W of State Road S-804 as shown in Road Plat Book 2 at page 220. Public Records of Palm Beach County, Florida. Containing 3~971 acres, mo~e or less. , i , j I I ,/ / .I , I /12. Current Zoning District: R-3 ---------------------------------------- 13. Proposed Zoning District: _~~~~~~S~~~~~l~~YJ~!~~~_i~~DJ___________ High Density Residential 14. Current Land Use Category: 15. Proposed Land Use Category: Local Retail Commercial , , 16. Intended Use of Subject Parcel: !J~~~~~~~~€!Si~~~~~~~OJ~~~~~~!~___ _~L~~~~i~~l_~fUs~LQ~n~!!L~~!!L~~l~~_________________~______________ ------------------------------------------------------------------ 17. Developer or Bui 1 der: _Jl_'.B..._~J~fLi!..t~~Lf2..e..y~l<!P_€!_i~1:.e!~_!l.~jE!L______ ------------------------------------------------------------------ 18. Architect: __~n~~~~r~~c~~_I~~!~~~~S~_G12EQ_______________________ 19. Landscape Architect: _~~b~ri_~e~!~L_~BQ_~eJig~j2~i~_________________ 20. Site Planner: _Jll[~n~_l~ff~Bf~_____________________________________ 21. Civil Engineer: _~~R~ei~~y~J_'__________________________________ 22. Traffic Engineer: ~~~B~~~~_~~E_'__________________________________ 23. Surveyor: __Q~sj~rrL~~lt~_~_~~BIi~~____~___________________________ I. MATERIALS TO BE SUBMITTED I~ITH APPLICATION ----7------------------------------------- The following materials shall be submitted, in two (2) copies. (check) ____a. This application form. ____b. A copy of .the last recorded warranty deed. ____c. 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 bf record, and (2) If the applicant i5 a contract purchaser: A copy of the purchase contract and written consent of the owner and seller, and (3) If the appl i cant is reprflsented by an authori zed agent: A copy of the agency' agreement, or written consent of the applicant, and (4) If the applicant is a lessee: A c6py~of the lease agreement, lanning Department 1-86 page 3 " . Ib) Existing and proposed grade elevations. (c) E::isting or- proposed water bodif~S. Id) Form of ownership and form of organization to maintain common spaces and recreational 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. Ill) 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. I I 1. aEEkl~aIIQ~_E~~~~ 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. ~~8IIEI~aIIQ~ II) IWe) understand that this Olpplication and all plan 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 statelnents or showings in arlY papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. SEE ATTACHED AUTHORIZATION LETTER Signature of Owner(s) or l"rustee, or Authorized FYincipal if property is owned by a corp,nr-ation or Dthf:~r business entity. Date v. Q~I~Q81laIIQ~_QE_a~~~I ~~ ....... -- -....-------- ed Aqent ----?l~-l~-~----- DatE, Signature of (I) (We) hereby df2signa"te the above signed person as (my) (out'"") authorized agent with reqard to this application. SEE ATTACIIED AGENT'S LETTER Signature of Owner(s) or Trustee, Date Planning Department 1-86 page 7 tlr. Carmen Annunziato, Planning Director City of Boynton Beach 200 No. Seacrest Boulevard Boynton Beach, Florida 33434 ~1arch 30, 1986 Re: Brown, Hart, Palombo & Astorino Property North side of Boynton Beach Boulevard immediately west of E-4 Canal Section 29, Township 45 South, Range 43 East (Sub-Parcel "0-1") City of Boynton Beach, Florida Dea r tlr. Annunz i ato: This letter will serve to authorize tk. Kevin rkGinley, Land Research tlanagement, Inc. to act as my agent for the processing of the Land Use Plan/Rezoning petition with regard to the above referenced property. Si~rel yours, .A/ve'O Rhodes .. , , / / / Boynton Beach City Council City of Boynton Beach 200 N. Seacrest Boulevard Boynton Beach, FL 33434 To Whom it May Concern: We, the undersigned, are the owners of the below described property: See Exhibi t "A" attached hereto and we do hereby allow ane authorize Steve Rhodes or his duly appointee representatives or agents to take all actions necessary to rezone the above eescribed property. We uneerstand that such actions will include: land use change, rezoning, site plan ane permit applications and that such approvals may require Mr. Rhoees' consent to special coneitions imposee by the Boynton Beach City Council. A9~:f~: it; I}d- JAMES . HART (J I DOMINI1 PALO 0 f~d FRANCIS A. AS7NO ~/lj /~ ,ztt-l /./f.'U-- ~?J5~ GRETCHEN F. BROWN E~~R' AARSH~ Bv: 'A4fl~/. (J. ~NCAN BROWN, perso'nal represent~iv:e7 \ BY:~.I'~r\. ~~ DONALD M. BROWN, personal representative --,. , '- EXHIBIT "A" DESCRIPT!ON OF PARCEL "0-1" A certain parcel of real property in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, more particularly described as fol- lows: From the Northwest corner of Section 29, Township 45,South, Range 43 East, Palm Beach County, Florida run North B7043'4B" East along the North line of said Section 29 a distance of 7B4.3B feet to the Point of. Beginning and the Northwest corner of the herein described parcel continue thence along the North line of Section 29 North B7 043, 4B" East a distance of 1156.02 feet to the centerline of Lake Worth Drainage Dis- trict Canal E-4 thence South 2 '\)5' 54" East along the center- line of said Canal E-4 a distance of 274.B2 feet, more or less, to the centerline of State Road B-B04 as same is recorded in Road Plat Book 2, ?ages 217 through 220, Public Records of Palm Beach County, Florida thence South B70 54' 06" West along the centerline of said State Road S-B04 a distance of 1156.02 feet, thence North 2'05'54" West a distance of 271.35 feet, more or less to the Point of Beginning. LESS the East 75 feet thereof for R/W of L.W.D.D. Canal E-4, ALSO LESS the North 60 feet thereof for R/W of L.W.D.D. Canal L-24, AND ALSO LESS the South 53 feet thereof for R/\'1 of State Road 5-B04 as shown in Road Plat Book 2 at page 220. Public Records of Palm Beach County, Florida. Ccn~aining 3.971 acres, mo~e or less. ; i j 1 i i , , " ." 6 BOYNTON BEACH COMPREHENSIVE PLAN AMENDMENT Pagl' 2 3/28/86 2. Sl'wagl' Dl'mand Calculation (Proposl'd USl'): a. Rl'tai I Prof. Off. 15,000 sq.ft. x 0.10 gal/sq.ft./day = 20.000 so.ft. x 0.10 gal/sq.ft./day = 1500 gal. 2000 oal. b. Totals 35,000 sq.ft. Est. Dl'mand 3500 gal. 8. EMPLOYMENT PROJECTIONS A. Employml'nt critl'ria will bl' basl'd upon thl' following standard l'mployl'l' squarl' foot uSl'agl': 1. Rl' ta i I 2. Prof./Ml'd. Officl' - 400 sq.ft. pl'r l'mployl'l' - 200 sq.ft. pl'r l'mployl'l' B. Estimatl'd Employml'nt Calculation: 1. Rl'tai I 2. Prof. Officl' 15,000 sq.ft. / 400 sq.ft./emp. = 20.000 so.ft. / 200 sq.ft./l'mp. 38 l'mp. = 100 l'mD. Totals 35,000 sq.ft. Est. Total 138 l'mployl'l's JUSTIrrCATION SmTCrtErlT The Subject Property is a rectangular-shaped, 3.97 acre parcel of undeveloped land located on the north side of Boynton Beach Boulevard (s.n. 804), a major east-west arterial that connects the City of Boynton Beach with the developing areas of western Palm Beach County. The property is bordered on the north by the lake Worth Drainage District Canal l-24; on the east by the E-4 Canal; on the west hy the Villager Shopping Center; and on the south by Boynton neach Boulevard. The property's frontage along Boynton Beach Bou1 evard exceeds 1000 feet, with an average depth of approximately 160 feet. Given the Subject Property's physical dimensions, location and surrounding land uses, the Applicant considers that his request for an amendment to the City's land Use Plan an rezoning to a planned commercial district (PCO) is justified for the fo110~ling reasons: 1. The western boundary of the Suhject Property horders a Community Commerci a1 Oi stri ct (C-3), one of the most intensive zoning districts in the City with respect to land use. 2. Traffic counts along Poynton neach Boulevard in the vicinity of the Subject Property indicate volumes associated with neighhorhood commercial strip centers. It is further suggested that a substantial percentage of vehicles utilizing Boynton Beach Pou1evard will patronize the proposed pcr as a secon~ary market; that is, they \~i11 have heen coming from or going to other commercial establishment in the immediate area (i.e. The Boynton Beach fla11, medical offices, commercial shopping centers, etc.) 3. The Subject Property is bordered on two sides by drainagL canals that act as natural buffers and restrict through-traffic to neighboring residential developments and limit access to only Boynton Beach Boulevard. 4. The Subject Property has only l60 feet of depth. This severely limits its development potential under the existing residential land use c1assifiaation. 5. Residentially-zoned parcels of land lying east of the Subject Property are presently undeveloped. These properties have considerably greater depth and thus are more suitable for residential development than the Subject Property. 6. Market research within the defined trade area indicates a strong commercial retail market and secondary professional office market. Demographic data show a considerable growth in population and spending power in the area and an analysis of absorption rates of existing competitive uses indicates a favorable leasing period. 7. The :~ster Plan as submitted indicates a mix use of retail and office. The proposed PCD presents a development plan that is far less intensive than would be allowed in either a C-3 or C-4 zoning district. Furthermore, the bUilding lot coverage (20%) is only one-half of the a110wah1e square footage permitted under the Zoning Code. 8. The PCD Master Plan provides for greater open space, green space and landscape huffering than would he provided for in a standard zoning district. The design and architectural scheme of the proposed development will be aesthetically compatible with surrounding land uses. g. The Subject Property can be served by existing uti1fties and services provided by the City of Boynton Reach. ,. , I 1 )JI'::. 1- I' I !1~ ~0' .....,/ W~.) liE! /5)5 I [;); 'J n / {.1 r , 6';Z t. 3 f I (~, v' C 0 vc . &'D i ,. i , I j. I: I: !' i /J,~l I ti7 ~ 1'.... )),,(. 't. t 'f 2. /5,25 fd:i1 ),55 , fro :J:JJ / if, 10 ---- /" ,/ ,) ).; Rni~j!!? 2.3'[ t .36 liF<>Hw' {H}" 19ft,7tt.11t.1cJ rJ,7} 'I Ii If Ii III " ~ (';,- I u. 'f _c, t !. -1;Z f- , S~ !! " I: ~~~... ~~~ ~~~ ..~~ _; iN "-- , i I. i I I 1,711 f-, 36 +- ,J'j-' r,/7 t t.lo I I . I ! -_._~-"----- ---- To ) AI (;.0 ,tVw ! I: ^ . (I .1 , . II fa r. 311 ? ~ ~ { 5/1! /) -:7", ot.- J U Ii :5, c; 7 ii {31.5.5 \\ ].17 --------- , 97 t, 'f 2. .J. 7.5 /3,J't ;2 J I I f .. /J.Ji ;: fit l!\t1 LAND RESEARCH MANAGEMENT, INC. 1280 NORTH CONGRESS AVENUE SUITE 208 WEST PALM BEACH, FLORIDA 33409 (305) 686'2481 'LAND PLANNERS RESEARCH CONSULTANTS MARKET ANALYSTS f'1arch 28,1986 BOYNTON BEACH CQt.1PREHENSIVE PLAN At1ENDt1ENT 6. WATER DEt1AND A comparison of the water demand for the proposed 3.91 acre development with the water demand under the approved existing zoning for 43 residential units using the Palm Beach County Health Department's adopted standards. These standards were obta i ned from Rober t Mi tche 11, Superv i sor, PI a.n Rev i et" and Permit Division (837-3070), A. Water Demand Under Existing Zoning I. PBCHD Criteria - 200 gal ./cap./day (gpcd) Trade Area Avg. HH Size - 2.4 persons/ HH 2. Water Demand Calculation (Existing Use): (43 units) x (2.4 per/unit x 200 gpcd) = 20,640 gpd B. Water Demand Under Proposed Comprehensive Plan Amendment I. PBCHD Criteria - Retail Use Prof./Med. Off.- o . 10 ga I . / sq. ft. / day o . I 0 ga 1./ sq. ft./ day 2. INa ter Dema.nd a. Re t ail b. Prof. Off. Calculation (Proposed Use): 15,000 sq.ft. x 0.10 gal/sq.ft./day = 20,000 sq.ft. x 0.10 gal/sq.ft./day = 1,500 gpd 2.000 QPd Totals 35,000 sq.ft. Est. Dema.nd 3,500 gpd 7. SEWAGE DEt1AND A. Sewage Demand Under Existing Zoning I. PBCHD Criteria - 100 gpcd 2. Sewage Demand Calculation (Existing Use): 43 units x 2.4 per/unit x 100 gpcd = 10,320 gpd B. Sewage Demand Under Proposed Comprehensive Plan Amendment I . PBCHD Criteria - Retail Use Prof./Med. Off.- 0.10 gal/sq.ft./day 0.10 gal/sq.ft./day l!\t1 LAND RESEARCH MANAGEMENT, INC. 1280 NORTH CONGRESS AVENUE SUITE 208 WEST PALM BEACH. FLORIDA 33409 (305) 686-2481 LAND PLANNERS RESEARCH CONSULTANTS MARKET ANALYSTS COMPARISON ANALYSIS (1) Square footage proposed: 35,000 Humber of dwelling units under existing zoning: 43 multiple-family (2) Uses allowed in proposed zoning: General retail (perMitted uses in C-3 District) Professional office (except medical and financial institutions with drive-ins) (3) Construction of the project is expected to begin immediately after final building permit approval. ~onstruction is expected to be completed within 18 months. (4) See enclosed r.larket Analysis prepared by Land Research f1anagement, Inc. (5) See enclosed Traffic Analysis prepared by K.S. Rogers, P.E. (6) thru (8) See attached calculations prepared by land Research r1anagement, Inc. (9) Applicant will undertake a program to mitigate land use conflicts as a part of the final master plan/site plan design. The PCD zoning district requires extensive buffering from surrounding developments. Applicant will supplement these require- ments by utilizing the existing natural buffers (i.e. canals). (10) An official report prepared by the soil conservation service is included in the Ap11;cation. In addition, the Applicant has contacted the various utilities and services agencies (Le. Publfc Ilorks,l.tI.D.D., Fire Department and Utilities Depart- ment for confirmation of services to the Subject property. (11) Application fee of $1000.00 is attached (D.n. Associates) VI :r '" "" Q.. or> .~ ~ . ~ ",I , ). U,) ",j .-1./ ':~!~.~;~" ~. .:_..i,:-~ ~ :S2!~:,:~': io' r a r I 1,I.rl '- ,~" . ~ (,0 (p. 00. q403 vO ,3(, ill I: 7'/171 WARRANTY DEW THIS INDENTURE, made this l:71I day of July, 1973 !: between EMIL MASSARO and NINA ~~SS~RO, his wife of the County of BToward, State of Florida, grantors, and R. MAqSIlALL BROIVN and GqETCIIEN F, BROWN, his wife, as to an undivided one-fourth interest; DOMINIC PALOM~0, as to an undivided one~fourth interest: JAl-IE ;j, It~RT and JOANNE IlART, his wife. as to a~ ivided onc-fourth interest: and FRANCES A. A~_..)RINO and ~HLDRED S. ASTORINO, his wife as to an undivided one-fourth interest. whose post offir~ address is P.O. Box 4535, Green Tree West, Pitts burg . 'ennsylvania 15205, grantees. !'f1TNESSETH, That said grantors, fOT and in consideration of the sum of ($10.00) TEN AND NO/IOO,-----.,--',..---'--,.",Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee the receipt whereof is hereby acknowledged, has granted, bargain~d and sold to the said grantee, and gr3ntee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: SUB-PARCEL, "0-1" A certain parc~l of real property in Section 29, Township 45 South, Range 43 East, CITY OF BOYNTON BEACH, Palm Beach County, Florida, more particularly described as follows: From the ,~)rthwest corner of Section 29, Township 45 South, Range 43 East, Palm Beach County, Florida, run No. h 87043'48" East a1on~ the North line of said SL~tion 29, a distance oi 784.38 fe~t to the Point of Beginning and the Nurthwest corner of the herein described parcel; continue t~ence along the North line of said Section 29 North 87043'48" East a distance of 1156.02 feet to the centerline of Lake Worth Drainage District Canal E-4; thence South 2005'54" East along the centerline of said Canal E.4, a distance of 274.82 feet, more nr less) to the centerline of State Ruad S-804 as sa~e is recorded in Road Plat Bonk 2, Pages 217 through 220, ~ublic P-ccords of Palm Beach County, Florida; thence South 87054'06" West along the centeTline of said State Road 5-804. a distance of 1156.02 feet; thence Nurth 2005'S,1" West a distance of 271.35 fJc'::, more or less, to the POINT OF BEGINNING, SUB-PARCEL "W-l" i ! I. , I A certain parcel of real property in Section 29, Township 45 South. Range 43 East, CITY OF BOYNTON BEACH, Palm Beach County, Florida, more particul::lrly described as follows: From the Northwest corner of Section 29, Township 45 South, Range 43 East, Pa]m Re~ch County, Florida, run North 87043 f 48:' East along the North line of sa id Section 29, a distunce of 1940.40 feet to the POINT OF BEGINNING and the NOTthwest corner of the herein described parcel; continue thence along the North line of said Section 29, North 87043'48" East (\ distance of 716.46 feet to the Nort,h One Quarter RE'!'tJRt.~ TO: I' Ii RAYMOND J. POSGAY. ATTORNEY 1990 E. Sunrise Blvd.. Ft. I,auderdale, Fla. 33304 . . ;,,',2Wt r~c, I,H,t .. - . - - - ''-::.'. - '-~~~' .-...... \~r': -~....._.- .:..-.~'_:__.- .:,i ~'l "::1 w : 'C/) _~_.; ::~~\ ~~~ }./, r(~~"'J::": . ')01 ' :; itl .' b . .; ~. '.~,1t ~;~~, ~ 'i' I ii ",,<I :';;-I ~ I c..:~ d ~:) C) ,-(/)-~ .~ {f ~.,..<:,..: (/ir[fJC 0 o ," i/~. ~ (. "- ~ .~.- :=: " ;.~"i~;lil5~ . ,.\} '. ,-~ . S (i r _L___~:r!J-:'~;l~." " Printed for lawyers' Tit!. Guaranty ,,,'"d. \)rland., FIerido This in$truttlent W(JI prepared by: ~ananty Ittd _ MOOIUl, ~ ... .. 0- A~ Ml.04..... WMIr.r.::a...__ (SlATUTDIY /0"- SIOION "',02 f,S,) I"'e Jnbrntur,. Mode thi5 February 1979 , .rtUlttll 1st day of JAMES B. DAY, IndIvIdually and.. Trustee, joIned by hIs wite EVELYN K. DAY of lhit County of Palm Beach . $10,. of Fk>rlds . G'l'G'ftfor., and MONTGOMERY WARD DEVELOPMENT CORPORATION, s Delaware CorporoUon whoW! POlt attic., oddrifU is One Montl{Omel"Y Ward Plaza. ChlcBRO, nUnats vi th.. County 01 Palm Beach Fk>rlda , Stot. of , orontf!l'~ " .ttttl'..rt~. Thai >aid grontor, for cnd in (onlideration of .... wm of ----- ----------------------TEN AND NO' 100--........-..-------....---------......... Dollars, and other GOod and valuable (on~derolio", 10 taid Qlrontor in hand paid by said grontn. the receipt wherfl)t is hereby Q(knowledved. hOI gran"d, borGOined cnd \Old to ,he lCIid gront". ond grOft,"'s heirs and anigns forever, the following de'Kribed land, sltua'e, lyinQ ond b.;rIQ in Palm Beach Count)', Florido, lo.wil: RelnJ( the Wf'st 250 feet of Lots 57 and 58: Lote 81, 62. 63. 64 and 67, Less the West 50 feet thereof, and Less the North 20 feet of Lot 67; Lots 65 and 66, Less the North 20 teet thereof, and Less the North 100 feet of the South 310 feet of the East 100 leet of Lot 65; all belnR In the subdivision of Sections 29 and 20, Township 45 South. Ranl{e 43 East, accordlnll to the Plat thereof on fUe In the office of the Clerk of the Circuit Court In and for Palm Beach County, Florlda, recorded in Plat Book 7, Page 20. n .., SUBJECT to T9XC8 for the year 1979 and thereafter. /' t," _...J G'J -t.O('1':'~... '..:LZ.."."~ '- --- :Wi"_"'o I' ond laid grantor does "'~by M1y warrant ,h. ,in. ~ IOid Ioftd, and will del.Mf the some against the lowhJl daims of all Person' Whom1.OeYIH .. 'Grantor" and "gron'N" ore used 'or s.ingulo' 0' plurol, os c.onfftid r&quirft, In IIlln'1I8 _brr,nC. Grontor ho, h.reovnto .., gronta,', ~d ond seal .he doy and yeur fint above written. Signed, SftOled clI'Id d.iivered in Our pr.wnc'" ~ __ (I,i, " -r. .p, ,,,", ,);.<1 &. (Seal) ~ /' James B. y ~,----;T:r- - (Seal) ~X;;'",,~A /)';,,,__u, --. ~q,~ ',.(- ~(f' (Seal) r Eve'] Day ./ Is..n STAiTE Of FlorIda COUNTY Of Palm Beach I HEREBY CERTIFY that on thi, day b.foN me, Oft offiq, ...." quaiit..d 10 toke odno....ledementl. penonoH, oppea.... JAMES B. DAY. IndivldusUy and as Trustee. joined JY hIs wife. Evelyn K. Day '0 .... knowr to be rt.! JM"Oft 8 dntrib.d "' ond who ....... .... fonIgoing instrurNnt and oG"~ 1 J.!d before me that theY ilHCufMf the SOMe. '. ,:..;' ,; ", WITNESS my hond ond ofticiot seed in .... Covnty 0IIIId Stole 1ostY;;: this 1st dO, ,Of Pe..;n.'17 19 79 ./ i Y)~) ...., - ./ I t. /( L)'C f /:ji'i..~o,; ~.) - M.y rOft'l"';;\Iion ."pi,." Notary Public: 1CJII..",.'el~ t"." ',l)AA'~ .,. (UN,'" \\IOH "PMn \lit 1. ,.'J IONOIU ~.., ~ ,.... ~- <'., . :'::'1 9JU . ,., ... n " J"'; r ~.J;'" j~,~ = ~ . ,_. , ~{: .. ';F. ,'. x ." '-Co' i ,rE (1' FLO.e1 I "j'- "~.fiHAKi,, _._~;1~ .@i~ I ,iH'J ui lltVlitiJflj.:'L"~ ; , ,....~~- .,.}1"9 0 0. 0 0 1 ., '.' .. I ~I T T XI · 1100.00: , I ;e;lttA I P AXI ~1IO 0. 00: 'I ~tIOAI MP TAX I \ I 190 0. 00 1 I _ORIOA i STA-"'U1\~ I '\ . I '}'90 O. 001 _.~I :ormjA' 5Lf,Ni lAX ~ :~~~-~ .--- .., i Y900,00 I __---'0. f '.,1 ^TE [IF F',_ORiLJA' v........UMfNlARV,(, .", SlAMP lAX I II ! ['{Pii("lJfi':il!r~',\-- .n__< I " '0 = ">I""(~,n760 O. 00 I ~', _ __. ~;~__.___.....1 ,,' ,- .' ~ >. :<; ... ~ 'U - . - ,~ ... 'U - ~ ~~(110 ,~"..~.,.~ '. :;, r;"! r:' ,.on, -- 93j 9;.~t.M "., u:j r.4tJt II . .II III . .... N '" . " II :1 ".'~^7-!- , , ) Ii, ' ". . , , " --'- r'-' , - , " '~ .J WARRANTY OEED THIS WARRANTY DEED made this /:1 _day of &eM~r 1'1983. by GAETANO V, CRUCIANI, joined by his wife, ALICE C. ! CRUCIANI, and GILBERT J. CRUCIANI, joined by his wife, VERA I . - CIfo I! CRUCIANI, hereinafter called the grantors, to MONTGOMERY WARD I , ! DEVELOPMENT CORPORATION, a corporation existing under the laws ! of the Stdte of Utl~ware, with its permanent post office address at One Montgomerj Ward Plaza; r.hicago, Illinois 60671, ... I I I hereinafter called the grantee~ WITNESSETH: That the grantors. fOl" and in consideration of the sum of $10.00 and o1her valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, , .1 a1 iens. remises, releases, conveys and confirms unto the grantee. il all that certain land situate in Palm Beach County, Florida, ;, to-wi t: IO~ ' '9S:; V7 " ~ North 100 feet of South 310 feet of East 100 feet of Lot 65, a subdivision of Section 29 and 20, Township 45 South, Range 43 East. recorded in Plat Book 7, Page 20, Public Records of Palm Beach County, Florida. SUBJECT to taxes for the year 1983 and thereafter and to conditions, restrictions, reservation" limitations. and easements contractual or for utilities, of record. TOGETHER with all the tenements, herditaments and appu~tenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the grantors hereby covenant with said grantee that the grantors are lawfully seized of said land in fee i'simple; that the grantors have good eight and lawful authority ii ;: to sell and convey said land; that the grantors hereby fully '. [I :iwarrant the title to said land and will defend the saae ! i: aaainst the lawful clai.s of all persons whoJr.soever; and that !isaid land 1s free of all enctabrarces, except taxes accruing " ;1 subsequent to Dece.ber 31, 1982. , ,C; IN WITNESS WHEREOF, the said grantors have hereunto set Pale One -'*--.--.-