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CORRESPONDENCE f<~ DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUl\'l NO 02-281 TO Technical Review Committee Members FROM Marshall Gage, Pollee ChIef Jeff Livergood, PublIc Works DIrector John Wildner, Parks Director Pete Mazzella, AssIstant to UtIllt1es DIrector Mike Rumpf, Plannmg & Zomng Director Steve Gale, Deputy Fire Chief Don Johnson, BUlldmg OffiClal~ November 26, 2002 ~ '(. . I" ~ "-1 DATE RE ISSUANCE OF CERTIFICATE OF OCCUPANCY PROJECT NA1\'lE VILLA DEL SOL (BUILDING 13) ADDRESS 2925 SOUTH FEDERAL HIGHWAY PERl\tlIT #- 01-3849 CONTRACTOR_ ALLIA1~CE CONSTRUCTION, INC. The above referenced project IS neanng completIOn. Pnor to the BUlldmg DlVlSlon IssUIng the CertIficate of Occupancy, I would like to ensure that you do not have any outstandmg or pendmg conditIOns concermng tills sIte that must be rectified (exc1udmg Issues that are covered entIrely wIth a CIty approved surety) If any outstandmg conditIons are related to permIts Issued by the BUlldmg DIvIsIOn, please provIde thIS dlvlSlon a memorandum contammg a descnptlOn of the unresolved condItIOns. If the unresolved conditIOns are not permit related, please notify the owner or the owner's agent to ensure that the matters are rectified. Please respond to me, wIthm ten (10) days, m order that we may proceed m a tImely manner to Issue the Certificate of Occupancy No response IS necessmy If your department IS satIsfied wIth the current state of the above referenced SIte Thank you for your cooperatIOn. DJ:rs ..~ ~ .- XC Timothy K. Large, BUlldmg Code Ad.mmlstrator Bud Gall, Semor BUlldmg.Inspector Kevm Hallahan, Forester/EnvironmentalIst Frantz LaFontant, Engmeenng Inspector II S:\Development\BUILDrNG\Building Code Administrator\TRC 10 DAY MEMOSWilIa Del Sol 01 3849.doc 2lXrl The Comerstone Group Office Memorandum To: John Balon, President From. Ira Grossman Date: June 10,2002 RE. Los Mangos Landscape restoration John. In accordance with you letter of June 5,2002, this Memo will act as our consent and acceptance of your proposaL We will replace all Arecas destroyed Or damaged, replace all hedges with both Red Tip Coco Plums and Silver Buttonwoods. We will replace the Firebush shrub and will install either Silver Buttonwood trees, Green Buttonwood trees or Ligustrums along the fence per the agreed distances. This wlll also confirm that we will pay for the repairs to the irrigation system and install screening along the fence, Please let me know if you have any other concems. Sir.cerely, ~ Ira Grossman Project Manager cc. .;i(evin Hallahan~ Ingnd Sauve; Alex Knight, Dick Gwn 90/10 38'v'd lN3WdOl31\3G 89E669990E GE 11 G00G/01/90 S0/60 39'Vd J IJ'I 1I Il'41A!~ v!:...LAJEL50L No 0603 P BV J!tJ4, 1/tClllt1M ~ ~ A4U-, 1.e. 570 S.B. 28th Avenue Boynwn Beach. Florida 33435 ~, Lex --! ":7 ~ ,- .3 0 1;; "'II I/t>~ -"- JUNE 5, 2002 \IfR. IRA GROSSMAN CORNERSTONE GROUP DEVELOPMENT, L.L.C. 2121 PONCE DELEON BOULEVARD CORAL GABLES~ Ft 33134 DEAR. MR. GROSSMA.~ FIRST AND FOREMOST. I WISH TO THANK. YOU FOR. YOUR. COOPERATION AT OUR MEETING WITH ALEX KNIGHT. YOUR LANDSCAPER, KEVIN HALLAHAN FROM THE CITY OF BOYNTON BEACH. DICK GARLEN. LOS MANGOS PROPERTY MANAGER AND MYSELF IN ORDER TO RESOLVE THE PROBLEM CREATED WHEN OUR FENCE WAS REMOVED BY THE CONSTRUCTION CREW AS YOU MENTIONED AT OURN.ffiETING THAT VILLA DEL SOL WISHES TO BE A GOOD NEIGHBOR AND LOS MANGOS WISHES TIlE SAME. WE FEEL THAT IF ALL 'fHE RECOMMENDATIONS BY BOTa SIDES TAKES PLACE. THIS MOST CERTAINLY WILL BE ACCOMPUSHED LISTED BELOW ARE THE RECOMMENDED PI~ANS. 1 A SCREEN COVERING TIlE FENCE TO BE ERECTED ON THE VILLA DEL SOL SIDE OF THE FENCE. 2. TREES PLANTED AL TERNA TEL Y EVERY TEN FEET ON BOTH SIDES OF THE FENCE. DUE TO THE HEIGHT OF THE CABLES ABOVE THE FENCE~ IT WILL BE UP TO TIlE LANDSCAPER iF NATIVE TREES OR ARECAS SHOULD BE lNST ALLEn 3 rN DISCUSSING THE AREA BEHIND OUR. UNIT #1 A, THE LANDSCAPER SUGGESTED THE REMOVAL OF TREES ON mE FENCE LINE [N ORDER TO MAINTAIN UNIFOR.MITY HE HAS OUR PERMISSION TO DO SO lN3l^ldOl31\30 8SE669SS0E 6E 11 6006/01/90 913/E13 39'v'd Jun 2lSi i,/ 47"J vilLA DE~ ,UL t~o QS83 ~ Bv 4 IF NEED BE, BEHIND OUR UNIT 78, mERE ARE HIBISCUS BUSIffiS IF THERE ISN'T A NEED TO REMOVE THEM. WE HOPE THEY CAN BE LEFT IN PLACE- OTHERWlSE. REMOVE TH~M BUT LEAVE THE TANGERINE TREE AT 78. 5 AT SA AND 89 PLEASE LEAVE ALL TREES. 6 AT 9A IS THE AREA THE OWN2R, MRS HELEN HAGGERTY, IS TO BE TAKEN SHOPPING BY JIM, TO PURCHASE PLANTS IN SPEAKING Wlm MRS. HAGGERTY. SHE WOULD LIKE TO FIRST SEE WHAT MR. K.~IOHT WILL BE PLANTING BEFORE SHE IS TAKEN TO PURCHASE PLANTS. SHE WOULD LIKE TO SEE HER FERNS LEFT INTACT IF POSSIBLE. 1 AT 9B THE O'A'NER WOULD LIKE TO SEE HER CLUSTER OF ARECAS REPLACED 8 AT lOB ST ARTINO FROM THE CENTER LINE BETWEEN THE TWO VILLAS. THE OWNER LOST .EIGHT CLUSTERS OF ARECAS THAT WERE 10 TO 12 FEEL TALL AND FIVE CLUSTERS FOUR FEET TALL ALONG THE SIDE. HE WOULD UKE TO SEE THESE REPLACED 9 11~ CLUSTER OF ARECAS BETWEEN THE CLUSTERS ALREADY mERE, 1 0 AT 11 B THE OWNER LOST WHAT WAS CALLED A FlREBVSH TREE BY MR. KNIGHT. AND SHE WOULD LIKE TO RAVE THIS TREE REPLACED 11 A TREE WAS REMOVED BY UNIT 5B TillS SEEMS TO BE THE ONE THAT "WHEN IT WAS REMOVJ;D, DAMAGED OUR IRRIGA nON HYDllAULIC SYSTEM. I BBUEVE mE LANDSCAPER. MR. 'KNIGHT HAS IT ON HIS UST TO REPLACE WIT}{ A NATIVE TREE. MR KNIGHt ALSO INDICATED HE WOULD PLACE SHRUBS ALONG THE FENCE LINE. WE SUGGESTED NO LESS THAN THREE FEET TALL. LASTLY. WE ARE NOW IN TIlE PROCESS OF REPAI~G OUR DAMAGED IRRlGA nON LINES OF WHICH YOU HAVE INDICA TED THAT YOUR COMP ANY \VILL PAY FOR rHE REPAIRS. WHEN TIllS IS DONE AND BEFORE ANY PLANTING OR FINAL FENCING IS COMMENCED. WE WOULD ALSO APPRECIATE nIB AREAS DISRUPTED WOULD BE FILLED rN AND MADE SMoonI. lN3WdOl31\3G 89E669990E 6E 11 60136/01/90 Jur ~ ~UC2!8 4SAM ~!LLA DEL SO_ BV No (1603 P 'J " I \VILL APPRECIATE YOUR RESPONSE IN ACCEPT ANCB OF ALL OF THE ABOVE AND IF POSSIBLE. A DESCRIPTION Of THE TREES AND SHRUBS TO BE PLANTED. ENCLOSED IS A LOS MANGOS SITE PLAN SHOWING THE UNIT NUMBERS DESCRIBED ABOVE FROM SA AND SB TO IIA AND lIB SINCEREL Y, LOS MANGOS PROPERTY OWNERS ASSOCIA nON JOHN BAIOlU. PRESIDENT JB.1A ENCLOSURE CC KEVIN HALLAHAN ALEX KNIGHT DICK GARLEN 913/1:>13 38'ii'd IN3WdOl3A3G S9E6699913E GE 11 G013G/01/913 ~'1'l- ,; Cl.,-/tJ rJ J~n I 1ijDl ,n ~Q~~ b r.P ~ ~ C) 0 ~ (ft ~ fA i i ~ ~ t1\ ... -0 .. r ~ .. .. . . .L\'I3V'ldO\3i\'3<1 _0-' \ ~ < ...4 S ;;; ]) i, .,., 1- en 6 c: ~ rJI oJ r $ . ~ BSE&&9SS~E ZE n zra'0,Z I ------------------- OK Villa Del Sol at Boynton Beach Tree Size substitution Breakdown Old Number Size CostlTree T atal Cost New Number Queen Palms 36 18' 200 $ 7,200.00 Queen Palms 36 Queen Palms 41 22' 250 $ 10,250.00 Queen Palms 41 Queen Palms 21 26' 350 $ 7,35000 Queen Palms 21 Present To. Mahogany 14 TOTAL Coconut Palms 18 1 wood 300 $ 5,400.00 Coconut Palms 18 Coconut Palms 17 2' wood 350 $ 5,950,00 Coconut Palms 17 Coconut Palms 17 3' wood 350 $ 5,950.00 Coconut Palms 17 Present To. Live Oaks 9 TOTAL Mahogany 278' 95 $ 2,565.00 Mahogany 13 Japanese Fern 388' 150 $ 5,700.00 Ligustrums 38 Live Oaks 51 8' 125 $ 6,375.00 Live Oaks 42 TOTAL TREES TOTAL VALUE NATIVE NON-NATIVE 266 $ 56,740.00 78 188 Alex Knight Landscape: ArchitEe:ture llnd Planning 2 6 9 Glralda A__enue 5ulte 200 Coral Gables Florida 3 3 1 3 4 TElEphone: 305 HI 6511 F fI C S I m I I e: '305 441 1105 Size Cost/Tree Total Cost Difference 18-20' 225 $ 8,10000 $ 900.00 18-20' 225 $ 9,225.00 $ (1 ,025.00) 18-20' 225 $ 4,725.00 $ (2,625.00) ,tal $ (2,750 00) 12' 195 $ 2,730.00 $ 2,730.00 $ (20.00) l' wood 300 $ 5,400 00 $ l' wood 300 $ 5,10000 $ (850 00) 1 wood 300 $ 5,10000 $ (850.00) ,tal $ (1 ,700,00) 1 0-12' 200 $ 1 ,800.00 $ 1 ,800 00 $ 100.00 12' 195 $ 2,535.00 $ (30.00) 8' 165 $ 6,27000 $ 570.00 1 0-12' 200 $ 8,400.00 $ 2,025.00 266 $ 59,385.00 $ 2,645.00 107 159 aK Alex Knigh t Landllc:apc: ^rc:hll~c:lur~ llnd PlannIng 2 6 9 Glralda ^\'~nuc: 51111 c: 200 Coral Gabl~, Florida 3 :3 1 :3 4 Telephon~ 305 ~Hl 651 I rBc:slmll~ 305 441 1105 aK Villa Del Sol at Boynton Beach Tree Size substitution Breakdown Old Number Size Cost/T ree Total Cost New Number Queen Palms 36 18' 200 $ 7,200.00 Queen Palms 36 Queen Palms 41 22' 250 $ 10,250.00 Queen Palms 41 Queen Palms 21 26' 350 $ 7,350.00 Queen Palms 21 Present To. Mahogany 14 TOTAL Coconut Palms 18 1 wood 300 $ 5,400.00 Coconut Palms 18 Coconut Palms 172' wood 350 $ 5,950,00 Coconut Palms 17 Coconut Palms 17 3' wood 350 $ 5,950.00 Coconut Palms 17 Present To. Live Oaks 9 TOTAL Mahogany 278' 95 $ 2,565.00 Mahogany 13 Japanese Fern 388' 150 $ 5,700.00 Ligustrums 38 Live Oaks 51 8' 125 $ 6,375.00 Live Oaks 42 TOTAL TREES TOTAL VALUE NATIVE NON-NATIVE 266 $ 56,740.00 78 188 Alex Knight Landscape: Architecture llnd Planning 2 6 9 Glralda A,'rnue: !;ultr 200 Coral GabltS Florida 3 3 \ 3 4 Telephone 305 ~41 65]] FlIcslmlle 305 44\ JlOS Size Cost/T ree Total Cost Difference 18-20' 225 $ 8,10000 $ 900.00 18-20' 225 $ 9,225,00 $ (1 ,025,00) 18-20' 225 $ 4,725,00 $ (2,625.00) ,tal $ (2,750.00) 12' 195 $ 2,730.00 $ 2,730.00 $ (20.00) l' wood 300 $ 5,400 00 $ 1 wood 300 $ 5,100.00 $ (850 00) l' wood 300 $ 5,100.00 $ (850.00) ,tal $ (1 ,700.00) 1 0-1 2' 200 $ 1 ,800 00 $ 1,800.00 $ 100.00 12' 195 $ 2,535.00 $ (30.00) 8' 165 $ 6,270 00 $ 570.00 1 0-1 2' 200 $ 8,400.00 $ 2,025.00 266 $ 59,385.00 $ 2,645.00 107 159 aK Alex Knigh t Landscape Architecture Ilnd PlannIng 2 6 9 Glralda A\'enuc: 5 lilt c: 200 Coral Gables FlorIda 3 3 t 3 -4 Telephone 305 HI 6511 Facsimile '305 441 1105 uK. Villa Del Sol at Boynton Beach Tree Size substitution Breakdown Old Number Size CostfT ree Total Cost New Number Queen Palms 36 18' 200 $ 7,200.00 Queen Palms 36 Queen Palms 41 22' 250 $ 10,250.00 Queen Palms 41 Queen Palms 21 26' 350 $ 7,350.00 Queen Palms 21 Present To. Mahogany 14 TOTAL Coconut Palms 18 1 wood 300 $ 5,400,00 Coconut Palms 18 Coconut Palms 17 2' wood 350 $ 5,950.00 Coconut Palms 17 Coconut Palms 17 3' wood 350 $ 5,950.00 Coconut Palms 17 Present To. Live Oaks 9 TOTAL Mahogany 278' 95 $ 2,565.00 Mahogany 13 Japanese Fern 388' 150 $ 5,700.00 Ligustrums 38 Live Oaks 51 8' 125 $ 6,375.00 Live Oaks 42 TOTAL TREES TOTAL VALUE NATIVE NON-NATIVE 266 $ 56,740.00 78 188 Alex Knight Landscape Architecture mnd Planning 2 6 9 Glrarda A,.tnue !'inlle 200 Coral Gablu Florida 3 3 I 3 -4 Telephone 505 HI 6511 FlIcslmlle '305 HI ]105 aK. Size CosVT ree Total Cost Difference 18-20' 225 $ 8,10000 $ 900.00 18-20' 225 $ 9,225.00 $ (1 ,025.00) 18-20' 225 $ 4,725.00 $ (2,625.00) ,tal $ (2,750.00) 12' 195 $ 2,73000 $ 2,730.00 $ (20.00) 1 wood 300 $ 5,400 00 $ l' wood 300 $ 5,10000 $ (850 00) 1 wood 300 $ 5,100.00 $ (850.00) ,tal $ (1 ,70000) 1 0-12' 200 $ 1,800.00 $ 1 ,800,00 $ 100.00 12' 195 $ 2,535.00 $ (30.00) 8' 165 $ 6,270 00 $ 570.00 10-12' 200 $ 8,400,00 $ 2,025.00 266 $ 59,385.00 $ 2,645.00 107 159 Alex Knight Land!lcapr Architecture nnd Planning l! 6 9 Glralda A\'enuc: 5..ltl: 200 Coral Gables Florida 3 3 1 3 .. Telephone: 305 H1 6511 Facsimile '305 441 ] 105 ~(J4, ~ ~ ()~ "44#1-. 'lite. 570 S.E. 28th Avenue Boynton Beach, Florida 33435 JUNE 5, 2002 MR. IRA GROSSMAN CORNERSTONE GROUP DEVELOPMENT, L.L.C 2121 PONCE DELEON BOULEVARD CORAL GABLES, FL 33134 ( V \ /I /I.- bel So 0 DEAR MR. GROSSMAN FIRST AND FOREMOST, I WISH TO THANK YOU FOR YOUR COOPERATION AT OUR MEETING WITH ALEX KNIGHT, YOUR LANDSCAPER, KEVIN HALLAHAN FROM THE CITY OF BOYNTON BEACH, DICK GARLEN, LOS MANGOS PROPERTY MANAGER AND MYSELF IN ORDER TO RESOLVE THE PROBLEM CREATED WHEN OUR FENCE WAS REMOVED BY THE CONSTRUCTION CREW AS YOU MENTIONED AT OUR MEETING THAT VILLA DEL SOL WISHES TO BE A GOOD NEIGHBOR AND LOS MANGOS WISHES THE SAME. WE FEEL THAT IF ALL THE RECOMMENDATIONS BY BOTH SIDES TAKES PLACE, THIS MOST CERTAINLY WILL BE ACCOMPLISHED LISTED BELOW ARE THE RECOMMENDED PLANS 1 A SCREEN COVERING THE FENCE TO BE ERECTED ON THE VILLA DEL SOL SIDE OF THE FENCE. 2 TREES PLANTED AL TERNA TEL Y EVERY TEN FEET ON BOTH SIDES OF THE FENCE. DUE TO THE HEIGHT OF THE CABLES ABOVE THE FENCE, IT WILL BE UP TO THE LANDSCAPER IF NATIVE TREES OR ARECAS SHOULD BE INSTALLED 3 IN DISCUSSING THE AREA BEHIND OUR UNIT #7 A, THE LANDSCAPER SUGGESTED THE REMOVAL OF TREES ON THE FENCE LINE IN ORDER TO MAINTAIN UNIFORMITY HE HAS OUR PERMISSION TO DO SO 4 IF NEED BE, BEHIND OUR UNIT 7B, THERE ARE HIBISCUS BUSHES IF THERE ISN'T A NEED TO REMOVE THEM, WE HOPE THEY CAN BE LEFT IN PLACE. OTHERWISE, REMOVE THEM BUT LEAVE THE TANGERINE TREE AT 7B 5 AT 8A AND 8B PLEASE LEAVE ALL TREES 6 AT 9A IS THE AREA THE OWNER, MRS HELEN HAGGERTY, IS TO BE TAKEN SHOPPING BY JIM, TO PURCHASE PLANTS IN SPEAKING WITH MRS HAGGERTY, SHE WOULD LIKE TO FIRST SEE WHAT MR. KNIGHT WILL BE PLANTING BEFORE SHE IS TAKEN TO PURCHASE PLANTS SHE WOULD LIKE TO SEE HER FERNS LEFT INTACT IF POSSIBLE. 7 AT 9B THE OWNER WOULD LIKE TO SEE HER CLUSTER OF ARECAS REPLACED 8 AT lOB STARTING FROM THE CENTER LINE BETWEEN THE TWO VILLAS, THE OWNER LOST EIGHT CLUSTERS OF ARECAS THAT WERE 10 TO 12 FEEL TALL AND FIVE CLUSTERS FOUR FEET TALL ALONG THE SIDE. HE WOULD LIKE TO SEE THESE REPLACED 9 l1A, CLUSTER OF ARECAS BETWEEN THE CLUSTERS ALREADY THERE. 10 AT lIB THE OWNER LOST WHAT WAS CALLED A FIREBUSH TREE BY MR. KNIGHT, AND SHE WOULD LIKE TO HAVE THIS TREE REPLACED 11 A TREE WAS REMOVED BY UNIT 5B THIS SEEMS TO BE THE ONE THAT WHEN IT WAS REMOVED, DAMAGED OUR IRRIGATION HYDRAULIC SYSTEM. I BELIEVE THE LANDSCAPER, MR. KNIGHT, HAS IT ON HIS LIST TO REPLACE WITH A NATIVE TREE. MR KNIGHT ALSO INDICATED HE WOULD PLACE SHRUBS ALONG THE FENCE LINE. WE SUGGESTED NO LESS THAN THREE FEET TALL LASTL Y, WE ARE NOW IN THE PROCESS OF REPAIRING OUR DAMAGED IRRIGATION LINES OF WHICH YOU HAVE INDICATED THAT YOUR COMPANY WILL PAY FOR THE REPAIRS WHEN THIS IS DONE AND BEFORE ANY PLANTING OR FINAL FENCING IS COMMENCED, WE WOULD ALSO APPRECIATE THE AREAS DISRUPTED WOULD BE FILLED IN AND MADE SMOOTH. I WILL APPRECIATE YOUR RESPONSE IN ACCEPTANCE OF ALL OF THE ABOVE AND IF POSSIBLE, A DESCRIPTION OF THE TREES AND SHRUBS TO BE PLANTED ENCLOSED IS A LOS MANGOS SITE PLAN SHOWING THE UNIT NUMBERS DESCRIBED ABOVE FROM 5A AND 5B TO 11A AND lIB SINCEREL Y, LOS MANGOS PROPER Y OWNERS ASSOCIATION 75 ~ - 5:;;. 7 {, JB.JA ENCLOSURE CCkEVIN HALLAHAN ALEX KNIGHT DICK GARLEN .. $ ~\ d) d) - (/) u.I (/) :::) 0 ~ (/) :t w ~ u.I '0 ~ ...J. t- :; t- ~ s . - % 4. ..J Q. uJ - - ~ ~ en ~ <' en ~ 0 en C) ::> % 4. ~ en 0 ..J -------.- ~ -- ------------- TRANSMITTAL l~;r~~h RE. t1>f\ et'CL en. DATE !) 21 OQ. PROJECT NO CONTROL NO WE ARE SENDING YOU THE FOllOWING ITEMS: ATTACHED UNDER SEPARATE COVER VIA SHOP DRAWINGS COPY OF LETTER ORIGINALS PRINTS CHANGE ORDER RENDERINGS PLANS TRANSPARENCIES COLOR PRINTS SAMPLES PHOTOSTATS SPECIFICATIONS OTHER uK Alex Knigh t REMARKs.Erclo'Xd) Plea~.!IM ci) rX'9,rof c~ ~~1ecL4 -fre 1Yee S'lle Sti6snj nD ~aKdClxJf\ as requesled ~ ~: CI~ ~ tSe ~ :uPr: .:Ira tlr(1SS'fl)(j() t=faJm 1tll CO(rersmN e,mpAnd PlannIng COPIES TO vl\G BY ~. TRANSMITTED AS INDICATED BELLOW FOR APPROVAL FOR YOUR USE NUMBER OF r ~ CO Olt. 5 COPIES L~J L . DRAWING NUMBER DATE. AS REQUESTED FOR REVIEW & COMMENT ITEM: APPROVED AS SUBMITTED APPROVED AS NOTED RETURNED FOR CORRECTIONS RESUBMIT_COPIES FOR APPROVAL RESUBMIT_COPIES FOR DISTRIBUTION RETURN COPIES FOR APPROVAL OTHER t:effI5/0rt Nt rf?cJp I,,,,e Los K f\~0J') / y@ c ~ A)L ~( fpj 2 6 9 Giralda A venue Suite 200 Coral Gables FlorIda 3 3 1 3 4 Telephone 305-441-6511 Facsimile 305441-11505 GOREN, CHEROF, DOODY & EZROL, P A ATTORNEYS AT LAW SUITE 200 3099 EAST COM~ERCIAL BOULEVARD FORT LAUDERDALE FLORIDA 33308 STEVEN L. JOSIAS SAMUEL S GOREN JAMES A. CHEROF DONALD J DOODY KERRY L. EZROL TELEPHONE (954) 771-4500 FACSIMILE (95~) 771-4923 MICHAEL 0 CIRULLO JR JULIE F KLAHR STACY B WILLIAMS LINDSEY A. PAYNE November 21, 2001 Mr Mike Rumpf c/o City of Boynton Beach '100 East Boynton Beach Boulevard PO BOX 310 Boynton Beach, Florida 33425-0310 VIA HAND DELIVERY RE VDS ASSOCIATES TO BOYNTON BEACH Dear Mike Attached please find the original Owner's Title Insurance Pohcy No 35-592750 on the above referenced transactIOn, Upon receipt, please sign acknowledgment below and return to our offices. Should you have any questIOns, please feel free to contact me DJD/ccm Enc!. cc James A. Cherof, Esq C IJ,fyFiles\CL \Boynton Bch \rumpfl121 0 lltr wpd ACKNOWLEDGMENT AND RECEIPT /' ~~C __ 7/(~-~ / .. ...L. (' It ch< <' ((y I~'- "~/T POLICY OF TITLE INSURANCE i r '"-~;;':1 ! First Americarl Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY a California corporation, herein called the Company insures. as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the Insured by reason of' 1 Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. V. ..--:-; ~ r' ~_ - ,-,'~ ~_ O!T!p 111) !" ~JI: ..~~L~""':: ",{r ~.:..../i:w -,j'/',;l<;' <#.:F.~ -.j;'!t ,~,...,.,. ~ "1-j"",1J. '5 :""0 ~,""V ~~~':.';~ <:.., ~ -;f~T,tf 11"". '~'itl-/r.t~ -~ ~.~'Jh~' rbt-~''$. J>" 'fl~ .~~;LIDi"~;~.~~"~ ~~li.~~'.~"~;;$'"~.~ ~_~_ .:'~~~'L~~:$.~"4~~:'~.:;~:~~L';;';?kJ;~..~~~~:.Ji~~.~~~ (TP 10/99) ALTA Owner's Policy (10-17-92) (With Florida Modifications) -'~ ~'""-':-\,, . ~ . I P""~LUSIONS FROM COVERAGE ati~~ are expressly excluded from the coverage of this policy and the Company wiil not pay loSs or damage, costs, IIl10rneys' fees or expenses which arise by .~r~ ~f.law, ordinance or governmental re~ulation (including but..not limited to bui~ding and zoning laws, ordinances, or regulations) restricting, regulating, prohibiti~~ or relating to (i) the occ~pancy use, o~ enJoy~ent ~f the land; (II) the character, dImensions or location of any improvement now or hereafter erected on the land; (III) a Kparation in ownership or a ch~nge In the dImensions or area ?f the land or any parcel of which the land is or was a part; or (iy) environmental protection, or the effect of "" ;~~ any violation of t~ese ~aws, ordlnance~ or ~ovemm~ntal regulatIOns, except to the ~xtentthat .a notice of the enforcement thereof or a notice of a defect, lien or encumbrance ~;-;,,~ ~1'"-' resulting from a vlOlall~n or alleged ViolatIOn affecting the land has been recorded In the public records al Date of Policy cf(b) Any governmenlal police ~wer.not exclu.ded by (a) above, except to th~ extentth~t a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting ~. from a violation or alleged vlOlallon affecting the land has been recorded In the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records al Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or ot~er mailers: (a) created, suffered, assumed or agreed to by the Insured claimant; --(b) not known to the Company, not recorded in the public records at Date of Policy but known to the insured claimant and not disclosed in writing to the Company by lhe insured claimant prior to the date the insured claimant became an insured under this policy; ~c) resulting in no loss or damage to the insured claimant; d) attaching or created subsequent to Date of Policy' or e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy by reason of the operation of federal bankruptcy state insolvency or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating Ihe estate or interest insured by this policy being deemed a preferentia.l transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 1. DEFINITION OF TERMS, The followin~ terms when used in this (lOlicy mean: (a) "insured' the insured named in Schedule A, and, subject to any rights or defenses the Company would have had agamstthe named insured, those who succeed to the interest of the named insured by operation of law as distinguished from p'urchase including, but not limited to, heirs, distnbutees, devisees, survivors, personal representatives, next of kin, or corporate or fiducial)' successors. (b) "Insured claimant'" an insured claiming loss or damage. (c) "knowledge" or 'known" actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of mailers affecting the land. (d) "land'" the land described or referred to in Schedule (A), and improvements affixed thereto which by law constitute real property The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roaas, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy (e) 'mortg~ge. mortgage, deed of trust, trust deed, or olher security Instrument. (1) "public records'" records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relatmg to real property to purchasers for value and without Knowledge. With respect to Section I(a)(iv) of the ExclUSions From Coverage, 'public records" shall also include environmental protection liens filed in the records of the clerk of the Untted States district court for the district in which the land is located. (g) "unmarketability of the title an alleged or apparenl matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to !>urchase by virtue of a contractual condition requiring the delive'Y_ of marketable title. 2. CONTINUATION OF INSURANCE AFfER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage .&iven to the insured. 3, NOTICE OF ClAIM TO BE GIVEN BY INSURED ClAIMANT The insured shall notify the Com pan v promptly in writing (i) in case of any litigation as set (ortn in Section 4(a) l>elow (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, :--- -...t"L~~t'l:l.:c...:--- CONDITIONS AND STIPULATIONS All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under thiS policy as to that claIm. 6. OPTIONS TO PAYOR OTHERWISE SETTLE ClAIMS; TER.'\IINATION OF LIABILITY In case of a claim under this policy the Company shall have the following additional options: (a) To Pavor Tender Payment of the Amount of Insurance. (i) To payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay (il) Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy other than to make the payment relJ.uired, shall terminate, including any liability or obiligallon to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise setlle with other parties for or in the name of an insured claimant any claim insured against under this policy together with any costs, attorneys' fees, and expenses mcurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay' or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy logether with any costs, attorneys' fees, and expenses Incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pal Upon the exercise by the Company 0 either of the options provided for In paragraphs (b )(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liabilitv or obligation to defend, prosecute or continue any litIgation. 7 DETER.t\fINATION, EXTEl'II'T OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount oUnsurance stated in Schedule A, or If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, ]ostlo the Company by reason of the impairment by the insured claimant of the Company s right of subrogation. (b) The Comoanv's Rights Against Non-insured ~ The Company's right of subrogation against non- insured obligors shall exist and shall include, wilhout limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy 14. ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured. Arbitrable maUers may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, and senice of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include aUomeys' fees only if the laws of the state in which the land is located permit a court to award aUorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY liMITED TO THIS POliCY; POliCY ENTIRE CONTRACf (a) This policy together with all endorsements, if any attached hereto by the Company is the entire policy and contract between the insured and the Company In interpreting any provision of this policy this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy . (c) No amendment of or endorsement to thiS policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary an Assistant Secretary, or validating officer or authorized signatory of the Company and which might cause loss or damage for which the Company may be liable by virtue of tliis policy or (iii) if titre to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company then as to the insured all liability of the Company shall terminate with regard to the matter or mailers for which prompt notice IS required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insl!red under this policy unless the Company shall beprejUljice.d by the failure and then onlr to the extent of t~l:Jlr~udlce. 4, DEFENSE AND PROSECUTION OF ACfIONSj DUTY OF INSURED ClAIMANT Tv COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company at its own cost and without unreasonable delay shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as Insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or olher matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters nol insured against by this policy (b) The Company shall have the right, at its own cost, to Institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder, and sliall not thereby concede liability or waive any provision of this Rolicy If the Company shall exercise tts rights under tliis paragraph, it shall do so diligently (c) Whenever the Company shall have brought an actIon or interposed a defense as required or permitted by the proviSIons of this policy the Company ma)' pursue any litigation to final determination by a court of competent junsdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (a) In all cases where this policy permits or requires the Company to prosecute or provtde for the defense of any action or proceeding, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Compan)', the insured, at the Company's expense, shall give the Company all reasonable aId (II in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, ana (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, Including any liability or obligatlOn ro defend, prosecute, or continue any litigation, with regard !o the malter or malters requiring such coo~eratlon. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company a proof of loss or damage signea and sworn to by t1ie insured claimant shall be furnished to the Company within 90 davs after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or (Iamage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall slate, to the extent possible, the basis of calculating the amount of the loss or damage. If the Companv is prejudiced by the failure of the insured c1aimani to provide the required proof of loss or damage, Ihe Company's obligations to the insured under the policy shall termInate, including any liabilily or obligation to defend, prosecute, or continue any litigation, with regard to the matter or mailers requiring such proof of loss or damage. In addition, the insured claimant mav reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copYing, at such reasonable times and places as may be designated by any authorized representative of the Company all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy which reasonably pertain 10 the loss or damage. Further, if requested by any authorized representative of the Company the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and cO!,y all records, books, ledgers, checks, correspondence ani!' memoranda in the custody or control oT a third party which reasonably pertain to the loss or damage. ,.~~~~:;....~,.;.~ ~-~,:-..-_-...:~,.;,:, {- o:-~,;r~-::..~---~~~ '-e;~:: _~?-~~'," ~~~t;/.~~ 1~:;'7i~~f~~~~;~~--"'~ 'i) the difference-between the value of the insured v ~EVER..UnLITY " -".... or intere:st as insun:d and the value of the insured the event any provision of the policy is held _"'ale or interest subject to the defect, lien or .d or unenforceable under applicable law the encumbrance insured against by this policv policy shall be deemed not to include that provision and (b) (This paragraph dealing with Co{nsurance was all other provisions shall remain in full force and effect. removedfrom Florida policies.) 17 NOTICES, WHERE SENT (c) The Company will pay only those costs, All notices required to be given the Company and auorneys' fees and expenses incurred in accordance with any statement in writing required to be furnished the Section 4 of these Conditions and Stipulations. Company shall include the number of this policy and 8. APPORTIONMENT shall be addressed to the Company AlIention: Claims If the land described in Schedule A consists of two or Department, I First American Way Santa Ana, more parcels which are not used as a single site, and a California 92707 loss is established affecting one or more of the parcels but not all, the loss shall be computed and seuled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement allached to this policy 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of tille, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligalions with respect to that matter and shall not be liable for any loss or damage caused thereby (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of compelent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in sell/ing any claim or suit without the prior written consent of the Company 10, REDUCTION OF INSURANCE, REDUCTION OR TERI\HNATION OF LIABILITY All payments under this policy except payments made for costs, auorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMUlATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished~ to the satisfaction of the Company (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYME~"T OR SEITLEMENT (a) The Company's RiVht of Subrol!ation. Whenever the Company shall have sell led and paid a claim under this policy all right of subrogation shall vest in the Company unaffected by any act of the insured claimant The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company lhe insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or sellle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving lhese righls or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. --- tAllL :l.l1~tL SCHEDULE A OW'IERS POLICY COMMERCIAL [ ] RESIDENTIAL [ JNEW HOME SALE [ ] RESALE [ ] FORECLOSURE L J OTHI::.I{ l J First AllL _-,,'ican Title Insurance _ Jmpany SCHEDULE A Issuing Office File No 2821 PolicyNo FA 35-592750 Date of Policy' 10/02/01 2 09 Amount ofInsurance' $ 208 , 000 00 P.M. Name of Insured. City of Boynton Beach, Florida, a Florida municipal corporation 2. The estate or interest in the land which is covered by this policy is. Fee Simple 3 Title to the estate or interest in the land is vested in. City of Boynton Beach, Florida, a Florida municipal corporation 4 The land referred to in this policy is described as follows A parcel of land in Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, described as follows Beginning at the intersection of the South line of said Section 33 with a line 50 feet westerly from of (as measured at right angles) and parallel to the centerline of the right of way of the Florida East Coast Railway, thence South 90 00' 00" W (assumed), along the South line of said Section 33, a distance of 151 84 feet to a point on a line 200 feet westerly from (as measured at right angles) and parallel to the centerline of the right of way of the Florida East Coast Railway, thence North 8 55' 27" East, along said parallel line, a distance of 691 32 feet, thence South 81 04' 33" East, a distance of 150 00 feet to a point on a line 50 feet westerly from (as measured at right angles) and parallel to the centerline of the right of way of the Florida East Coast Railway, thence South 8 55' 27" West, along said parallel line, a distance of 667 76 feet to the point of beginning BERMAN WOLFE RENNERT VOGEL & MANDLER, By. (TP 10/98) uthorized Signatory First American Title Insurance Company cares about its customers and their ability to obtain information and service on a convenient, timely and accurate basis. A qualified staff of service representatives is dedicated to serving vou. A toll-free number is available for your convenience in obtaining information about coverage and to provide assistance in resolvlOg complaints: 1-800-929-7186. Office hours are from 8.30 A.M. through 5.30 P.M., Monday through Friday iDS/OJ DispiaySoft 68-WI:>:- -FL-OW'''') FATIe 514 Schedule B AL T A OwnrT'J Policy (with printed mineral exceptioD!l) Issuing Office File No First A~~- rican Title Insurance Cqmpany SCHEDULE B 2821 Policy No FA- 35-592750 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of Any rights, interests, or claims of parties in possession of the land not shown by the publIc records. 2. Any rights, interests, or claims affecting the land which a correct survey would disclose and which are not shown by the public records. 3 Any lien for services, labor or materials in connection with improvements, repairs or renovations provided before, on, or after Date of Policy not shown by the public records. 4 Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land prior to I?ate of Policy and any adverse claim to all or part of the land that is, at Date of Policy or was previously under water 5 Taxes or special assessments not shown as liens in the public records or in the records of the local tax collecting authority at Date of Policy 6 Any minerals or mineral rights leased, granted, or retained by prior owners. 7 Taxes and assessments for the year ?nn1 and subsequent years, which are not yet due and payable. ITEMS 1 THROUGH 6 ABOVE ARE HEREBY DELETED 8 Any lien arising under chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water system, sewer system, or gas system servicing the lands described herein 9 Reservations contained in Deed from the Trustees of the Internal Improvement Fund of the State of Florida, filed January 30, 2001, recorded in Deed Book 750, Page 582 The right of entry has been release pursuant to chapter 86-205, Laws of Florida, which amended Sect~on 270 11, F S 10 Subject to right-of-way of the F E C Railway as set out and in use 11 Matters appearing on survey prepared by O'Brien, Suiter & O'Brien, Inc dated October 4, 2001, Job No 86-109db"C" ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA (TP 10,98) (09.94 DjsplaySotl 68- WT:\-I-FL-OPMB) l!J,] }'. ~.1 '.'~(.' ... '. .~~., J '.1. 07~' ~~;.~ .11 ;Y'Jf'j ---""1 ...'C...._C"r."- .:;~- ~ "<r.f, ~,\~, 1 ~- ;'tl ....~\, -,.. I ' ,,' "-1.11\ -;J ~/ }I, . '1 ~'!;ll ~:-...' ,'I j ,,' ~1 " ~J , "1 j 1 ~i j 1 ~~ .~ .~~ ....~ ~ii\'~ '#1.; -~ ;i ~/ltl j j' ."- ~H , j.rA "-'''~~'~''';;'!3 ~ ,- 'j: ......'" :;i'{; '~~1 ~ ,) 1~ J ~, Y~~Y~~"'~~1.';l,..~!'Ii.d"'" it.,j'>>. a~. \o':.~~~.~~~~':\~ '~~~;~~~?-- ~, ..:k.J ~ ~ ~ ~ ~ CDJ ~~ .~ ~~ .~y ~ ~ ~ .~ ,'''''W '>'~ ~~ ~ ~1 ~ '~~ {l) ~ .~ ~~,:1 ~'A 4 .~1 ~ <J' i; ,.. l"c ~ ~ ~ ~ . C-.) ~ r~-'Z r"":J ... ~ ~~! I~ (...,... ~ ~ ~ ~o~'~~ o ~~ ~ c-~~ )~~ ~. <4 ~ i<; L ~ ?-~ if' ~ ...; .';: i'~ ~~ ~ \~ '"".-.,..j ??\ ;,,,J'J ~'-~. . '#~-'.. ~ . J~ ~-:~, j~f~ ]~1i- Hi;ll l ;{-~!! ';f~ . 1 'i ~ ~ J ,..~i ~.j "'-..1. 1 ---"'1 ~ ; J ~~L62,- t-< ( ." Izjqo/ --/0 }d:- tv~ :)-~, nJu ~ ~~~ ~~1~ o~~ ~~~ ~~~~ ~1~~~ J I j I t I I ., ~ . j II [.F cf - (! CITY OF BOYNTON BEACH ~ ~~~~~:I~~ MEMORANDUM DEPARTMENT OF DEI!ELOP',r.~f\!T ' FROM Patncla TuckerlPla mg~ Mary Ramsey/Leg ,Y TO RE Owner's TItle Insurance Pohcy No.35-592750 VDS ASSOCIates DATE December 3,2001 Pursuant to our conversatiOn, attached IS the ongmal Owner's TItle Insurance Pohcy Please execute the acknowledgment of receIpt and return to legal as soon as possible Thank you Pat. ~ ~ d />--I'IIDI - JJ-'--~ ~ ~'5 ~ ~ ~~ le<-_ LLe. :mr Attachment as noted Cc/departmentlplanmng/Ptucker/Owners Title Ins. OCT-15-01 10 35 FROM Goren CheroC Doody Ezrol ID ~5q771qS23 / loj7)J/ q; ~ ~ ,&~J/- ,~-y /- -1/___ " (/ ? GOREN, CHEROF, DOODY &. EZROL.. P .A. 3099 EAST COMMt:RCLftL BOULEVARD SUITE 200 fORT LAUDERDALE, FLORIDA 8380& (954) 771-4500 FACSIMlLENO. (954) 771-4928 October 16 2001 TO Mike Rumpf FAX, 561-742-0259 PHONE RE: BOY~TO"l BEACH FROM VDS ASSOCIATES, LTD. ~~PDd-( ~( :> ~, 1- <- ~(....~ c.-. (( / ~wsr cc FAX PHONE PAGES 10 includmg this page. CO~'1MENTS Please see attached. Should you have any questions, please feel free to contact me. From the desk of, CYNTHIA C. MIHALY!, R.E. PARAlL6AL Phone' 954-771-4500 ext. 309 Fax. 954-771-4923 Emad. cmihalYl@cityatty.com OCT-1S-01 10 3~ FRDM Goren Cherof 10 9547714923 PAGE 2/10 f* OCT-16-01 10 38 FROM Goren Cherof Doody Ezrol 10 8547714823 PAGE 3/10 First J. _~rican Title Insurance Cc; ."any Issuing Office File No 39431 Agent's Fiie No 2952 REV I SCHEDULE A Date Issued September 207 2001 Date Effective August 30, 2001 at 8 a.m. 2. Policy or Policies to be ISSUed; (a) AL.T,}l,. Owner's Policy Form (10-17 1992)(wlth Florida Modifications) Amount of Policy' $208,000.00 Proposed Insured. VDS Associates, Ltd., a Florida limited partnership (b) A.L.TA Loan Policy (10-17-1992)(with Florida Modifications) Amount of Policy' $ Proposed Insured. 3 The estate or interest in the land described or referroo to in thIS Commitment and covered herein IS an estate or Interest designated as follows: Fee Simple 4 Title to the estate or interest in the land described or referred to in this COMMitment end covered herern (and designated as indicated In No.3 above) is, at the effective date hereof vested in: Walter L. ZilI and Verna Schrock ZilI, his wife 5. The land referred to in this Commitment IS in the State of Florida, County of Palm Beach and described as follows: See ExhibIt A attached hereto THiS COMMITMENT is FURNISHED BY FIRST AMERICAN TITU; INSURANCE COMPANY OR ITS POLICY ISSUING AGENT SOLELY FOR THE ISSUANCE OF.'. ~ICY OR POLICIES 'F TITLE INSURANCE OF FIRST AMERICA~ TITLE INSURANce COMPANY THIS COMMITMENT IS NOT AN ABSTRACT OR AN OPINION OF TITLE. LiABiliTY UNDER THIS COMMITMENT IS DEFINEO BY AND UMITEO TO THE TERIAS AND CONDiTIONS OF THIS COMMITMENT AND THE TITLE INSURANce POLICY TO BE ISSUED PERSONS AND ENTITIES NOT LISTED ABOVE AS PROPOSED INSUREOS ARE NOT ENTITLED TO REL'f UPON THIS COMMITMENt FOR ANY PURPOSE. BERMAN, WOLFE, RENNERT VOGEL & MANDLER.~ By' Authorized Signatory 1 OCT-16-01 10 38 FROM Goren CheroC Doody Ezrol 10 8547714823 PAGE 4/10 First J _erican Title Insurance Cc. .pany ISSUl11g Office File No 39431 Agent's File No 2952 REV 1 EXHIBIT "A" A parcel of land in Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, described as follows. BEGINNING at the intersection of the South line of said Section 33 with a line 50 feet westerly from of (as measured at right angles) and parallel to the centerline of the right of way of the Florida East Coast Railway; thence South 90Qoo'oon W (assumed), along the South line of said Section 33, a distance of 151.84 feet to a point on a line 200 feet westerly from (as measured at right angles) and parallel to the centerline of the right of way of the Florida East Coast Railway; thence North 8:>55'27" East, along said parallel line, a distance of 691.32 feet; thence South 81004'33" East, a distance of 150.00 feet to a point on a line 50 feet westerly from (as measured at right angles) and parallel to the centerline of the right of way f the Florida East Coast Railway; thence South 8055'27" West, along said parallel line. a distance of 667 76 feet to the Pomt of Beginning 2 OCT-16-01 10 38 FROM Goren Cherof Doody Ezrol 10 8547714823 PAGE 5/10 \a Y-~ '\ ~I<~ \ ,/ (f;1 \ tt-!.;) 0\ (5 0/ \ First "",ner;can Title Insurance Company Issumg Office File No 39431 Agent.s File No 2952 SCHEDULE B-1 {Requirements} The following are the requirements to be complied with' , PllIY1'l'l6.,t tv vr for !tIe ~t-of- the ~,,,,lI.m.-or mefttager9 of the foil <X>I~~ interest to be insured. Payment of all taxes, assessments, levied and assessed against subject premises, and payable. Satisfactory evidel'108 shall be produced that all improvements and/or r 'or alterations thereto are completed; that contractor, subcontractor labor and material re all paid in full. Instn./ments in insurable form which must be property exeeu)...~liv.red and duly filed for record: ,,/ Warranty Deed from Walrer L. 2ill "; ema Schrock ZilI, ius WIfe to Cornerstone Group Holdmgs, ., conveying the land described in Schedule A hereof. 2. 3. 4 a. ,,/ SatIsfactory eVIdence ~~ funnshed as to the proper incotpOratIon of Cornerstone Group Ho1dings~ pnor to closing thIS transaction, together Wlth proof as to the c~t sta~f said corporation. The Company reserves the nght to make such additi~narrequlrements, as it may deem necessary 6, ~t an Affidavit of Title, acceptable to the Company, executed by the Ovvner(s) / suffictent to afford coverage over Standard Exc bons I 4 And 6 tn the Polley to be L --1c;JJcd ~ the l.uS(4~(S), a.J:RjShown In Schedule B -2 hereof as 2, 5 and I 5 7 Survey prepared by a Florida regzstered land surveyor; dated no more than 90 days pnor to the closing date of subject transaction; certJ.fied to the proposed insured, First A,.ner:c.an Title Insurance G:mzpany, and all other partIes in interest; meeting lite mimmum standards for all land surveys as set forth 111 Chapter 4i2.027, Florida Statutes or in Chapter 21 HH 6, Flonda Admmlstranve Code. Saxd survey must set forth all easements, right of ~"llys and set back lines shown in Schedule B- Sectton 2. The Company reserves the right to add any addItional exceptions am3lor requIrements it deems necessary -""8 Immeaiatcly prIOr to di~bU1St:mc;ut of Ih~ do;:;ill~ pr~ee , must be continued from the effective date hereof. The Company reserves the 0 raise such further exceptions and requirements as an examination n ormatIon revealed by such seacch req\.nres, provided, however, exceptIons or reqUlrements shall not relIeve the Companv . lability under tlus Cormmtment ansmg from the matters WhICh wo revealed by such search, to the extent that the Company, or Its Agent co 19ning this COmn1ltment. has dIsbursed s8Jd proceeds. 9 t of any mumclpal bens and/or assessments for the CIty of Boynton Note: Year 2000 taxes paId In the amount of $409.35 under Folto No 0843-45-33-14- 000-0221 3 OCT-16-01 10 38 FROM Goren Chero~ Doody Ezrol 10 85~771~823 PAGE 6/10 ~yJ \ t-- 11. ~ ) \.0 .. V;)\~;O\ ,0/ '" "- First American Title Insurance Company Issumg Office File No 39431 Agent's File No. 2952 SCHEDULE 8-11 (Exceptions) Schedule B of the policy or policies to be issued Will contain exceptions to the follOWing matters unless the same are cfi$posed of to the satisfaetior. of the Company "1 O~b~, li~n;s. ~urrt.nall\~::', d<Nel ~ I,,~lms, or omer ma~.Jr Hny C'~ntI'.8, fi~t "~l! IIM~ifl the public records or attaJ;bing.subs9.......,t-~ 11", enectiVe dale herwf but prior to the date the ~ acquires for value of record the estate or interest or mortgage thereon covered ~"t._ .Rig~ &~ ~lajFRs sf ~es i.. "8006$$0.. not ~IVWII"'by ltlC publk; I~l~ E8$ements. or claims of easements. not sho'M"l by the public records. Encroachments. overlaps, boundary fine disputes or other matters which would ~ disclosed by an accurate surveyor inspection ot the premises. ARy lie.... ....r rigt>t to i' riOR, for &9~'i8eS, I~er or m80tlv.;all..:m:torore or herel!lfter funlbhcd, IIIIIJV.,...,;I ~ liOVY .rld "ot .1I.owll by tile ~ r~ Attrf adV9r:i9 ~liJi... to 1"y pe~9A sf 6ai~ laRil "/Ai~1:rl Rat be,,'" cr"ated b.y atfifi,o.ial means Qr h;;iR. 8Q:rett.~ tcHmy-~ ~te.d'-..,,,j 1.~61.61 n 19t .~.if ..rl)' ~ T _..._ VI :6o-JlcinlS5essmems wtllcn are not snown as eXIsting Ilen~ by ti,e pUblis r9~r~ ~ 2. 3. 4 -e. ~. 1~ 8. Palm Beach County property taxes for the year 2001 and subsequent years, which are not yet due and payable. 9 Any lien ansmg u.Tlder chapter 159. Flonda Statutes, in favor of any City, town, village or port authonty for Wlpatd servIce charges for service by any water system. sewer system, or gas system servicing the lands described herein. 10 ReservatIons contained In Deed from the Trustees oftbe Internal Improvement Fund of the State of Florida, filed January 30.2001, recorded In Deed Book 750, Page 582. The right of entry has been release pursuant to chapter 86~205, Laws of Flonda. which amended Section 270 11. F S. 11 Subject to right-of-way of the F.E.C. Ra11wa) as set out and In use. ALL IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 4 OCT-1S-01 10 38 FROM Goren Cherof Doody Ezral 10 8547714823 PAGE 7/10 FATIC-75~ ENDORSEMENT ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPAi~Y Attached to Conumtment Issued under Issuing Office File No 39431 Schedule A~ Item 2( a) proposed Insured is hereby amended to be. City of Boynton Beach. Flonda. a Flonda mUIllclpaJ corporatIon. All other items remain the same. This endorsement IS made a part of the comminnent and is subi.::ct to all of the terms ard proVIsions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies anv of the terms and provisions of the commitment and any pner endorsements, nOr does It extend the effective date of the commitment and any prior endorsements, nor does It increase the face amount tl1ereof. ThIS endorsement shall not bo: valid or bindmg unless signed bv either a duly authorized officer or agent of the Company Issue Date' September 27 2001 First American Title Insurance Company BERMAN WOLFE RENNERT VOG.EL BY & ~"IDLER, P.A. tOO Southeast Second Street, 35th Floor ATTEST MIami, Flori 131 Gary L Kennott President Mark R. o\mesen Secretary BY r (l'P 4/99) OCT-16-01 10 ~0 FROM Goren CheroE Doody Ezrol 10 SS~7714S23 PAGE 8/ 0 l~ullllllllDIIIIIIIIII J Pr~pared bv and return to: Mic:beOc D. Edwards Legal Assistant Perry & Kern, P.A. 50 S.L 4th Avenue Delray Beach, FL 33483 561-276-4146 File Number Ol-%7P Will Call No.. 10/02/2001 14:09:40 200104271SC OR BK 1~53 PG 1312 P.lm ~e~ch County, Florida Ai'IT 208.000.00 ~oc ~t.~D 1~4~~.Ov rspao; Above This Liae FOl' Recording Datal Warranty Deed This Warranty Deed made this 27th day of September, 2001 between Walter L. Zill aDd" erna Scbrok ZiJI. bis wife whose post office address is 197 SE 17th Avenue, Boyntoa Beach, FL 33435. grantor, and VDS Associates, Ltd.. a Florida limited partftenbip whose post office address is ZUl Ponce de LeaD Blvd., PH 2, Coral Gables, FL 33134, grantee: ~cr ~ herein tbe tenDS "grantor" and grantee" .ncIl;de all t~ plll'ties to this inslTUIl1ent and lhe ~i~. l~~ ~pRsenflItivcs. and usigJIs of individuals, and the $I.lCCCS$O~ IlI4 usilns of <;orporllions. tlWt5 ~d ~) Witnesseth. that said grantor, for and in consideration of the swn ofTEN AND NO/loo DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby ~knowledged, bas granted, bargained. and sold to the said grantee, and grantee's heirs and asSI:nS forever, the following described land. $ituate. lyme and bcmg in Palm Beach County Florida to-Wit A parm of land in Section 33, Township 45 South, Range 43 East, Palm Beac:b County, Florida. described as follows: BecmlliDc at tbe iotenec:UoII of the South line of said Section 33 with a line SO feet westerly from of <as measured at right angles) aDd parallel to the ccaterliue of the rigbt of way of tbe Florida East Coast Railway; tbeace South 90- 00'00" W (assumed), along the Soutb IiDe of said Section 33, a distauce of IS1.84 reet to II point on a liRe 200 feet westerly from (8$ meuured at right augles) aDd parallel to the ~e.urline of the rigbt of way of tbe Florida East Coast Railway; tbeoce North r 55'%'" East, along said parallel liDe, a distance of 691.3% feet; tbeDce SOlltb 81- 04'33" East, a distance or 150.00 feet to a point OD a line SO feet westerly from (as measured at right angles) and parallel to the ceuterliDe of the right of way of the F10rida East Coast Railway; theD" South SO SS'%1" West, a10Qg said parallclline, a di5Uuce of 667 76 feet to the point of beginning. Pareelldeatif".eatiop Number. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, To Have aDd to Hold, the same in fee simple forever And the erantor hereby COVe1ants with said grantee that the grantor is lawfully seized of wd land In fee sunple; that the grantor has &ood ri&ht and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31. ZOOO, In Witness Whereof. grantor has hereunto set grantor's hand and seal the day and year f"U'St above written. DoubleTim_ OCT-1S-01 10 40 FROM Goren Cherof Doody Ezral 10 8547714823 PAGE uorqcuy H. Wilken, Clerk 8/10 Signed, sealed and deiivered in our presence' "'\ ... f'; ul.ud.'~'~ k. >-~ =2l Witriess Name; "IC~l IE". D. ~. ~, --- W~"'~ 0ri. ~ 4r..lo~ C Q J J.., t.r-L .lnn rl.C Witriess l\ame: rtJlche.JWj '0. Fdlln~ Witn;;::J i~ ~. ~t/~~ ~, Z p.tf alter f." zm 0 (Seal) ~ -"7i1 I , 1 (\ /,t- 14~'z4 j1 ~ VemaZill (Seal) State of Florida County of Palm Beach 'The. foregoing instrument was acknowledged before me thjs ~ day of September. 200 J by Walter L. ZiU and Vema ZiU. who U are personally known (j! {Xl have produced a driver's license as ldentiflcat~~. \ 1'"'\1. ,.L .[ t ,.. (" ~ . . 'rl. ....,..\ ."" [Notary Seal) "-" ~~~~[~-~-j <J...- ~"^' ~--' ._~ UIQ!B.1.ED.~ t.~'''1fl M'f~'CCsm'z - " eJ(PlRES; ~ZT 2004 ~t'llII:~"~ Prinud Name: My CommissIon Expires: Wlll'l"anty DHd J13&e 2 o.c. a'( OoubleTim.. oct - 1 6 - 121 1 PAGE 10/ 121 Go-en Cherof Doody Ezral 1121 41 FROM . 10 9547714923 1111f.llljlllllllllllll it T.... __. ~_."..., ~ WI o1UJ..t.e M. .......4U'az ~ ~ Wo~f. ~~ v-..1 _ Kl"QIlll'ee, I'.JIo.. ~oo S & 2... $~.. Sai.~ ~OO Mi.-.& nc:r""~~ 33:a.3~ 10/02/2001 14 09:itO 200104Z71S3 OR BK 12953 P6 1314 P.l~ Beach County Flo~iO~ Ai1T 10.00 I)oc stuo 0 '70 OOTothY H. Wilken Clerk "_lD N-. 08-434S.3-:t4-0DO-022t, o.u- 1ft ,~ 0...- w2 'tIN Quitclaim Deed l:1ais Quirdaim Oeed. M.u~ia 28t1:l ~ot a.ptl-aar.r ,2001 4.0~ VDS AB4OC:~.1:ea, :Lt4 , . 5":1.=-..:i.d4 ~;im:L'bIMl pa:a:-~.b..t-p ~ ", - C''''-Y or C:i. ty o~ :&oyn toJ:a 8eoc:!a w_ _rClS.... / tJO b~sl O>f rbc ~ or Wt.ot .p~ . s-.. or V.1.o~:Lda . p:a.tUor FJ.o2:':i.da, . Jr2.or:i.d& 1D1QU.cs.i.pa~ eo~~.t:LoA ~"'/l ~ ~4 9/vif PJ Ijr).x. 3JO ~/<fri fqvr ~lt.c;f. A 3~v~r-- 03/0 . ~ ot ~:l..d& . p-lUlre.. "". Wj"ta.SSftIa "-_ OAA~ _.... _..... h,__ .1"1>>_.r -----------------------~ on~ ($10)----------------------- DOUAAS - - ,004 _ v~ _ to ~ ... IIMd __ b), ~"1Tl!J!, _ ....... "'_f i. _~ ~d """ --......-- ~~......... ~~ _~'$ ~ _-.l-..s "--". dMltall--.~ _. So_. ;y......... Mln& ;., .. c~ at' ~Al.m ...ell SIIl>e'" .1os-a.cIa 11>_. A ~~~~ o~ ~ li.= s.c~o~ 3~, '.I!QWaoll:i.p 45 BOS'ltal, ~ 43 ~t Paa B.-<:b CollD~, F~o~.i.d.it., c:ta.o.~ a. ~o~1ews ~i.%llll~ at t:he :i..A~sec~oA of; ub& Sou$ J.i.Ae Q~ ~_ SeQt:.1.D~ 33 wi.~ .. l.i.n. 50 ~..t:. .....t'.or1.,.- :#Oa ~ (as moaaa.z0e4 .iII ~;i.qia~ ~~e.) _4 para1.1eJ. 1:0 t:lIe ~~~~~ o~ ~ ~j.gbt o~ w~ qE t:.be :Il"J.oJ:!;i.d.a B;A.t Coa.~ ~:a.v_y ~oe Soa.~ PO 00' 00" W <....~), a.1coAg' the :Jou"th l.:i.ae of ~ ke'C.:i.o= 33, .. d:La1;anCa ~ ~S1 .. r_~ Co .. pg.tAt on .. 1.&'20. 200 ~_~ ~.~J.y ~.QR <_ --'~ecl .'t; ~:i.q~~ ~J...) _4 pa:c&11...t. 1::0 1:b. ~taS'l.~ oE Q& :E";i.qh~ .. .~ ~ ~ ''102;"~da l!:&5~ CQaot ~l.....ay; ~~ .ozo'hA S 55' 27" a..1>, a1c:1ltag' $&4.<1 par.,),.1..1. J.~. a. ~.,t:.aAce o~ 691.32 ,:_1:.; ~ aout:b 81 O~. .33.." Ji:aato, ... d:i..~ o~ 150 ()O ~e.'~ '\;0" a .poLA1:; QD .. l..;i.ae so e_1:; _.~~J.;y iirQa (as ~ at ~a."t:. _go.1.... ~ para:i.l.e1 1;0 ~ _~1.a. O~ ~ ~.tg-b."t Qf way o~ 'eJae P1o~;i.d.II. Baa1; C:Oas~ "~.l._y ~~ So.aQ 8 55 . 27" West:., ~..,.q .a.:i.G ~1.1. .:tne, a ..~ca o~ fS~7 .,. ~_t to Ce po;i.nt Q~ ~~i.~ To Have: aael to Hold .,.. _ ~ _ ill _ ____ .. ......-- .a..-. -.-. W III uywiw 4'~ ...., llIl slIC ~ ...... Ull.. --. ~ _ 'lA4 aalm _L_ _ or .......... ..._ ... _ 01 ~~. tbr "., .-, "-'rll< ~ ...,rtC ~ .... _14i ..- ror- la W.mets Wb~r.au. eo- k __ i,. IuIooof _ _ ... ~ $Z?i' . JecI and cle#hreA4 --. _,".--r. Vl)S Aa . .l:iJN. t:ieCl ~\A f. B;y-= c:: \\ ftr ~ "tSy : .:7o~ P.O^ F1.0Z'i.da i"Z':i.A~ w:i.1::aoa_ (~..l) . V - be.a.c:Jent 'Zlz.,l \7~ ~ ~ ~ 1'h-1.. \ ~ ~S\ f(.. ~\ ~4 zc~ :I.A STATE OF 'PJ.~~da C':\.o._~ _.. COtJ:NTY OF ~ -~~ n. f'~ --. ,..... ~ ~ _ _ 28~ .., ~ s.p1:8allMt~ , aoo1. ~ Jea:ge :t.apa., VLc:=e ~.~<IolnI~ Q~ Cc:t~.t:Qn. "U1.& ~ SoJ., ~ , q~..1 :p.iU'~ Of VPS Aasoc1.a~. Lt;Q,... i"1.o~i.dA 1~~ ~~.~p, oc ~:&.~ o~ t:be <;: Ull'..uy .-ftd lIbe ~aa.e&:..tp ~ ~.-"'--__~__w.....~ 4ri0h II _-~, ~ p.~;i.n;;: .... it' ,).7:C &2- lII(O~ I"'abUe ....e~~ ~~"&~""""""I_. =--0 lllfrt)~ ......n..qc.e.... 9Y -- <~ CORNERSTONE GROUP DEVELOPMENT CORPORATION October 5,2001 ill~o:~;~~rni DEPARTMENT OF DEV(L(\PMENJ Mr MIke Rumpf DIrector of Planmng and Zomng 100 E Boynton Beach Boulevard POBox 310 Boynton Beach, FlOrIda 33425-0310 Re ZIll Conveyance Dear MIke As we dIscussed earlIer today, CIty Attorney DJ Doody has revIewed and approved the conveyance of the ZIll property from VDS ASSOCIates to the CIty of Boynton Beach. Enclosed, please find a copy of the recorded QUItclaIm Deed. As necessary, please Instruct the necessary folks at CIty Hall to remove the hold on the Issuance of the buIldIng permIts for Villa Del Sol Thank you to you and the other personnel at the CIty for theIr aSSIstance In thIS transactIOn. We look forward to developIng a qualIty commumty In the CIty of Boynton Beach. Y urs truly, h~~b g~ DIrector Cc DJ Doody w/o enclosures TIm Large WIth enclosures 2121 Ponce de Leon Boulevard, Penthouse II, Coral Gables, Florida 33134-5219, Tel. (305) 443-8288, Fax: (305) 443-9339 10-02-2001 i ~ i! I i! ,~ .~ II ,i 04 41PM \t '" "'"lllll +3053736036 +~I"""I.'''''''''!I T-427 P 004/004 F-458 T-~tl p OOZ/O~z ;-311 FROM-BWRV&M ThU DwU~C-lllII5 Prepan:4 8)f 1l1l4 ftn'Mrn (DI ~~ic K SQhw_~~&, Eeq 8o=an '\ifa.:l.r_ __~ vQ~J. ~ ~or, I>.A ~OD a ~. 2Q~ $~a.e. au~~. a500 ~~ F:1o;z:o:t4 33132. 1"."".110 N........r. 08-.34533-:1.4-000-0221- 0"",,,,,, . T TIN C"""_ ~~ TfN In II III II III II 1m II1I1I1 ~I i 111111111111111 mill 10102/2001 14%09 40 200104271B~ OR BK 12953 PG 1314 ~alm Be~ch County~ FIPTida ~1'lT .I. 0 00 Doc stamp 0 70 Dorotfw H Will'en. Cle~rk Quitclaim Deed Thu Q~i"tcbjmD~d. MoIdc:thfll 2Bth ~"f Sap~~~ .2001. .....p VDS As"cc~at"'a, %.td , .. :J:'~o~1a. J.~1:ad !;>4I%tnAil3::'llIb.:t..p B(l~qoQ or .na c"wm' oC . 5_ or F1"':r::i.~ > J:raDl'QI' "".. C1ty of El~yn~ Be.ch, 1l".:J..oJ:';i.d&, a lr102:';i.da mun;i.~p..J. Q02:'po:r::n::i.on ....hQ." M1<1nK".... /;PO b'~sJ 1601/1 ~ ~4 /1/v,q/ rn IJJ:x.. 3JC (j L1. 11 (uYf ~a..?1, Pc 35c.f Z-s-'- 0-3/0 of lha Co.......<) 01' ~1- i'~ ':.J'b~ 51>0... of ll':l.o;z:-:i.dA I ~TcC" Wi1:IU!SS~b lid' ~ O~NTCIIl. ...... ~ If> "QAI.~ orlM _\1m or ~-----------------------~ IJOLJ:..AJit.S ($1P) ----------------------- DOll~", and Otl\al a~ "n4 \.1Ol>lOlI>Ic> """,1<1_ 10 CltANl'CR, II> />aD4 1'...:1 by C1~~ <h" ..,.....1" ....hereof i. ""'"'~ <>&b!"wleaaod. ho. jlJ'atIlFli. _1l:.inc4 ~<l 'l..i"'lll1Mo<! \It' ~....., ~N-n;E _ ~':i I1qln. _....... ~ .."..... ~-". th. f"U_i1llt a..cribd4 .....a. ~.TI>""'. 1"'''''1; ~ "..inll ........ c,,~..t ~a.J.m SllIlaClh Sfak.., Ji'1o:.:;i.cIa ... ",,,. A p",':CIIII.l. o:e J...nCl ~ Sec::i:.:l.an 33, ".townuh:1,p 4S acu~tll., R4J:lc;jf8 43 2aSl:, B;&.lJu aClt&oh Coun t:;y , JI'.:J.a;z;-.;I.da., c:!o::sc:I:'.:i.be4 os:s :f!OJ.J..CWII n~g~nn~q at tn. ~nte~8.c~on c~ the s~~~ ~1Aa q~ ~.~d SCltq~Qn 33 w:i,.-t.h ;& .1..;LnCl 50 :r..t:. we.1::.e%:'J.:Y ~~om ~ (.. meaau:r:ed ilLt :c'.:i-9'b~ iUlg,J.-.e:) And pa~_11_1 ~ ~o ~nterJ..~no a~ ~ .:i.ahe Qe WAy Q~ tbe F.1.or~~ E<:l:JOC COll:l.st aa1.::\.waYi ~ono... Sou't:b 90 DO' 00" W (..:s:g~), ....l.on~ the 5o~th ~ina of ~a:i.4 ~OQ~:l.on 33, ... di~~ce Q~ ~51 64 ~.at tc & paint On ~ ~;i.na 200 eoe~ we~~.1.y ~;z:-om (~. ~U&.U~8a at r1Qhe ~ng~_a) And pa~a11Q~ ~o ~h_ ~gn~~1~na or ~& =~qh~ Q~ way o~ th& ~~O~~~ ~~st CQc...l: Rla.j.~w.sy t:b.nc_ :lfo:rth a S~. 27" B...e, ..1ou.... 'IIa.t.d pa."",q..1~til.l. .1i.nt;ll, a c:U.=t:az:u::_ o~ GSt~ 32_:eao.,t=" then.cu BQl;I:t::~ 9:1.04.' .33~" :east, A di....~Anc:::e Q:t .:J..tiO 00 ~C1..-e to a. pa;t.nt C1G .. 1.;i.~CI 50 ;s:.,..t Wo;"lIt:O+.l.~ ~~o~ (~:I =aaSU;rBd. at ~~ght. ..ngJ.e,.) -.nd ~.;ra.J.:l_.1. to ~e c:8nt:co;u1.;i..~ o~ 1:h... ::c'~a-b.t g;e _..-y ot! the .11'102:'.:i.4a Saa~ COD-_"*, MA;L:1.__y 1:h_cos SoU~ a !i!J I 2'7 n Weeo1:. .J.O~9 s...:i.d. ~...1.~tII.l. ::1.:t-ne, iL d;i,at.Q.nc:lQ o:e 667 76 ~o.'C 1=c tb... E~~~~ o~ b~:i.nni~~ TQ Have a~d to "Old lI"la _ 'oa~ W1t11 ;>ll a.n4 'l1lsWlq" <114 ,,~ 1lI_", bo1l....lf11\ll OT '" ~... .pp~all1l4t1. ""4 lOll rhe ~. n;l".. nil.., onlR'l;St, hen, &'1"11)' and "'llIlm ,..Ie_o.:v<< 0( lll'...._ ellhD< 'l\ I...... 0' eq...\)< far me ...s... -..5th ..w pl'Ofi. of "'" lIJll4 1II':oA~ (""",,,," YD Wim~5 Wbet..: r~1be ~_ Me l1CrounlD 1~ ,m PM _ IJ<lIll Q\<t 4~ d y Sil:D l~d "'n" 4 iV~t'"ed in Qua- pl'~C"'i VPS A.cll.Q :t..1l. ... F:Lo::o:;-;i.da :L:UJr.;i. 1:oIld .:1:' ~ Co:nu D ~.1 Sg~ ~c GII:1G': ayt 1"~;i,~tarcl Wi. tAMl$:5 (5"..1) v - .. F~..a.CIen ~ '1.. 2- \ ~~ '\): ~ ~\ld ~-z.. \ (!.om,{ ~~,f(.. ~\-o4 STATE: OF 2'.11C1$'4.dA C\" ._G.. ~ COUNTY OJ;' ~_~ '"'" r.-~ ."-U_"...... ~ew;.1lr"Alno IDa I%Id 28~ 4ay at SGlP~~ , 200~ b'Y Jore- 'I.OPOII, "~ge li':r.::II1clen~ o~ CO~.~liI1:~. ".:1..:1..14 PtIlJ. 150J., t.J.C , g'CI\J1e%"elJ. :;>~ of VPS ~.Qa.1.il.1:... I L"b:\ , A j"1o~i~ l.~.i. tod ~ar~.~8h.:i.p, on :b...hA.1~ o~ ~. c:~ An~ the :pa.~~-""'~bi.p ~ lilt i. pCNOnal,>, J..no........,..........1Ie J;.t.s pr<>o_l\ia l1:L.g~:i.da 4s'.:t..'V~~ '.s :!.:i.t=; ...... toIcn~f1ri. ~ ~ - -J-~ P~~n . _ .~' VV'2- :lfot:.a2:Y ~J4.c M). c..m.n.:Won e~IIn' '-"-""'_...0.........._1.. "- .ID'_..... ~_'o.QC&>-l ~~'1",~ Marla J Sanchez ~~~%COIl1%llW:lon ~ IlD ~ A~ ~~ bpUrs!lUll. 13, 2005 "'Z.QF'f~$ lS<nh! Thtu ^--~.. PALM ""111":\' ~ ~ eo., b:. ~':lii~' I FCH COON'ry STATE OF FLORIDA : )i ereby certify thllt the foregoing is a .... _"~ ~~e py of the~o in~ffice "~44i.-~ tn. /'\-' /P!2n __ . ..,.......... __I.IR (~~ r d./' DOROTHY H. W LKEN' 20_ Clerk Circ :2t!1:i!Ul. BY -~IG_ _________~__._____r I~ \1 I, I ,~ ( J-U'-'UU I U4 41 rM r ~UM-l:lrH~V &M "~uo~r~ou~o 1-4,r r UU'/UU4 r-400 111111111111111111111111111111111111111111111 mill/III/ J PreplJred by anq r!mlV1 to: Michelle D. Edwards Legal Assistant Perry & Kern, P.A. SO S.E. 4th Avenue Pekay Beach. FL 33483 56t-276~4146 File Number' 0l~067P will Call No.. 10/02/2001 14:09 40 20010427182 OR BK 12953 PG 1312 Palm Beach Lounty. FloTida Ai'lT 208. OQO. 00 Doc Stamp 1,4~~_OO [Sp:lce Aho..e This Line: For Recording DaJal Warranty Deed This Warranty Deed made this 27th day of September, 2001 between Walter L. ZiIl and Verna Schrok ZiII, his wife whose pOSt office address is 197 SE 27th Avenue. Boynton Beach, FL 33435, grantor. and VDS Associates. Ltd., a Florida limited panner5hip whose pOSt office address is 2121 Ponc~ de Lean IJh'd., PH 2, Coral Gablt:'~, FL 33134, grantee: (Whenever used ltere!n the terms 'gJ1llltor" lIl1d .~rllmec:" include alllhe panies to this in~lrnmc:nJ am! the heirs. legal representatives, and assigns ot individuals, and the SUCCCSSOr1l and aiisigns of corporaJions, trusts and tnIstees) Witnessetb, that saId grantor, for and in consideration ofthe sum ofTEN AND NO/100 DOLLARS ($10,00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged. has granted, bargained, and sold to the said grsmee, and gl1lntee's heIrs and assigns forever, the following described land, situate, Iymg and being in Palm Beach County, Florida to-wit: A parcel of land in Section 33, Township 45 SQuth, Range 43 East, Palm Beach County. Florida, described as follows: Beginning at the intersection of the South line of !laid Section 33 with a line 50 feet westerly from of (as mealfured at right angles) and paranel to the centerline of the right of way of the Florida East Coast Railway; thence South 900 00'00" W (assumed), alone the South line of said Section 33, a dbtance of 151.84 feet to a point on a line 200 feot westerly from (as measured III right angles) and parallel to the centerline of the right of way of the Florida East Coast Railway; thence North 8D 55'27" East, along said pa~llel line, a distance of 691.32 feet; thence South 818 04'33" Ea8t~ a distance of 150.00 feet to a point on a line 50 feet westerly from (as measured at right angles) and parallel to tbe centerline of the right of way of the Florida East Coast Railway; thence South 80 55'27" West, along said parallel line, a distance of 66776 feet to the point of beginning. Parcel Identification Number: Together With all the tenements, heredimrnems and appurtenances therero belonging or in anywise apperraining. I To Have and to Hold, the same in fee simple forever J~ :1: :~ il And the grantor hereby covenants with said grantee that the grantor lS lawfully seized of said land lIt fee simple; that the grantor has good TIght and lawful authority to sell and convey said land; that the grantor hereby fully warrants the Tide to said land and will defend the same against the lawful claIms of all persons whomsoever and that said land IS frl:e of all encumbrances, except taxes accruing subsequent to December 31. 2000. In Witness Whereof, grantor has hereunto ser grantor's hand and seal the day and year first above written. PQLlbleTim~ 0-02-2001 04 41PM FROM-BWRV&M +305373603S T-427 P 003/004 F-458 E ~953 PAGE 1313 DDrotny H. Wilken, Clerk Signed., sealed and delivered in our presence' ~AJ.1~~:m,f'lt: ~~:J mm:':;;~ "-~r'\1r.-4>O Q 0 ~ cL . - "'/1 riD Wit ss Name' rnl'C.'lIe,\Ie, D. fd'lY\n.;tS Wim9i~ P~. ~iL86-<L ;f fif alrer L. 2m (Seal) /I/.>J.-?f j~ Vema Zill (Se'll) State of Florida County of Palm Beach The foregoing instrument wag acknowledged before me this ~5 day of September, 2001 by Walter L. ZiIl and Vema Zill, who U are personally known or [Xl have produced a driver's license as idennficatIon. ~/Cf\'N.G(CO- S ~~ [Notary Seal] ~~ ~... 'fi:i;... MICHeLl-EP. amMOS ~. ~.~ MVCOMMISSlotuCC9573t2 ;. ! z eXPIRES~ Ncv8fl1l)et.27 2~ .~i.. . . . a_a Tl\lIo -"I 1'..a1JllInaanon Printed Name: My Commission Expires. Warran/y Oeed. Page 2 , 'D.C. ! f, t 'a'f DoubleTlm&& Oct 10 01 03 59p Clt __ .'" "'. I'" 35 FROM v........ '-'- v... -- --r ~ttorne~ 5 OTT1Ce 56~-7~2-6054 heroE Doody Ezrol I" 9547, I~ .. - CITY or BOYNTON BEACH TO FROM. DJ. Doody, City Attomey Zill Ptoperty RE: DATE. October 9, 2001 MEMORANDUM I lave ~ and apptoved the conveyance of tile ZiIl property from VDS ~ to the City ofBoyntQn Beach. PIGla5c iuue the bwklin,g permits for ViDa Del Sol. Thank you. DJDlmr ~.. -,""'DoI Sol PACE !/'q ~I r p 1 2/2 /)C::/ .),"- "";:1", 't... '- /' -/,; <~ CORNERSTONE GROUP DEVELOPMENT CORPORATION June 19, 2001 Kevm Hallahan Clt} of Boynton Beach Forester jEnvlronmentahst 100 East Boynton Beach Boulevard Boynton Beach, FL 33425-0310 RE. Villa del Sol - PermIt 01-2385 Dear Mr Hallahan. Pursuant to our phone conversatIon last week, the mItIal clearmg permIt approval wIll allow for selectIve cleanng (cuttmg of 10' wIde paths) to gam full access to the sIte The mItIal cleanng wIll not encroach on any of the tree areas as desIgnated on the Dennis Leavy tree survey On Fnday June 22nd, Cornerstone wIll meet with the CIty of Boynton Beach on-sIte and field mspect the tree specIes and determme whICh trees wIll be preserved, relocated or removed Also at the meetmg will be the Landscape ArchItect, Alex KnIght and the proJect landscaper Joel Amaro of Amaro Landscapmg thIS letter and call wIth any comments JUN 2 I L j, 2121 Ponce de Leon Boulevard, Penthouse II, Coral Gables, Flonda 33134-5219 Tel (305) 443-8288, Fax. (305) 569-9358 The Cornerstone Group 2121 Ponce de Leon Boulevard, Penthouse 2 Coral Gables, Florida 33134 Phone: (305) 443-8288 Facsimile: (305) 569-9358 FACSIMILE TRANSJ\1ISSION CO\TER SHEET Date 6.19.01 To Kevin Hallahan }'ax. 561-742.6259 Subject: Villa Del Sol- Permit 01-2385 Sender Jeff Meyers YOU SHOULD RECEnrE z. PAGES, INCLUDING THIS COVER SHEET IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (305) 443-8288. IOO~ XV3 Ie Cl 3JL 10/6T/90 <,~ CORNERSTONE GROUP DEVELOPl\lENT CORPORATION June 19, 2001 Kevin Hallahan CIty of Boynton Beach Forester/ En v ironmentaltst laO East Boyntor Beach Boule... ard Boynton Beach, FL 33425-0310 RE. Villa del Sol - Permi- 01-2385 Dear Mr HaLa hem. Pursmmt to our phone conversation last week, the mitIal clearing permit approval will allow for selective clearing (cuttmg at 10' ,vide Daths) to gam tull acceSs to tn? site The initIal clearing will not encroach on any ot the tree arE-as as desIgnated on the Dennis Leavy tree survey On Fnday June 22nd Cornerstone will meet with the Cty of Bcynton Beach on-site and field mspect the tree specIes and determme whICh trees viill be preserved, relocc..ted or removed. Also at the meeting wIll be the Landscape ArchItect, Alex Kr..Ight and :he project landscaper Joel Amaro of Amaro Landscapmg. this letter and call "".th any comments 2121 Ponce de Leon Bou,evard, Pentho..lse n, Coral Gab,es. F10nda 33134-5219 Te., (305) 44 ~-8288. Fax. (305) 569-93<;8 zoo~ XV1 It CI Hn~ 10/61/90 VI IIi Jb -';v #44 <~ THE COR.~ERSTONE GROUP Amy A. Klem, J.D , LL.M Project Manager ; ( ! I i t ; r .~ , I 1 2121 Ponce de Leon Blvd., Penthouse II Coral Gables. FL 33134-5219 (305) 443-8288 ext 236 Fax: (305) 443-9339 Email: amyk@comerstonegrp.com <~ THE CORNERSTONE GROUP Eugene Spano Development Project Manager 2121 Ponce de Leon Blvd., Penthouse II Coral Gables, FL 33134-5219 Phone. (305) 443-8288 Fax: (305) 443.9339 QUINCY ill L JOHNSO~ ~ ASSOCIATES L..... ARCHITECTS/PIA'\JNERS L-.L.. L ~L ....i..:1w L Richard C. Jones, AlA Architect 949 Clint tvloore Road Boca Raton, Florida 334B7 561 9979997 Fax 5619971610 e-mail qpa@gate.net For our Orlando office. call.J07-647-8872 (AA -092i I I ! i ~----' e-~I"'- ~~".~~ I:P _ - _m~_ .r o -- -~--- u j... ~ ---- '?' tV( - a.v ON v DEPARTMENT OF DEVELOPMENT Planning and Zoning Division · Building . Planning & Zoning Occupational Licenses . Community Redevelopment fiLE COpy June 5, 2001 Mr Eugene Spano The Cornerstone Group 2121 Ponce de Leon Blvd. Ph. II Coral Gables, FI 33134 Re' Villa Del 801- Park Dedication NWSP 00-014 Dear Mr Spano The City Commission approved the above referenced site plan on March 20, 2001 A condltlon of that approval was the dedication of 2.34 acres of land to satIsfy the park Impact fee reqUIrement. The attached mInutes of the COmmIssion meetIng Indicate that a 60 day Letter of Credit was to be posted. Dunng that tIme the apphcant was to conclude the purchase of an adjacent parcel ofland to satisfy thiS reqUIrement. To my understandIng, the Letter of Credit was never posted nor has the land dedicatIOn occurred. The 60 day tIme frame expired on May 20, 2001 At a recent meetIng With Lusla Galav, Pnnclpal Planner, you Indicated that the purchase agreement for the property had not yet been signed by the seller Please contact me as soon as possible regardIng the status of the park dedicatIOn, Be adVIsed that no bUIldIng permits will be Issued untIl the park dedIcation condition has been met. SIncerely, : J-:> /'~UC--~ Michael W Rumpf Planning and ZonIng Director cc Jim Cherof, City Attorney QUIntus Greene, Development Director John Wildner, Parks Director Don Johnson, BuildIng OffiCial S:\PLANNING\SHARED\WP\PROJECTSWILLA DEL SOL (NWSP)\PARK DEDICATION 6-5-01.LET.DOC City of Boynton Beach' 100 East Boynton Beach Blvd., POBox 310 . Boynton Beach, FL 33425-0310 Phone (561) 742-6260 . Fax (561) 742-6259 www.cLboynton-beach.fl.us Meeting Minutes Regular City Commission J Boynton Beach, FL March 20, 2001 70 amenable to a full hedge, which could run along the full expanse of the fence to deflect any lighting from the parking area Motion Commissioner Black moved to approve Item 03 with two conditions (1) the applicant post a letter of credit for $250,000 based upon the appraised value of the Zill property at $98,700 per acre that the City could use at its discretion and the applicant will allow the City access to the 25' buffer for a future bike trail Ms Miskel stated this was acceptable Commissioner Ferguson seconded the motion Vice Mayor Weiland noted that he has received several phone calls regarding apartments in the City, especially since there is a water shortage Vice Mayor Weiland asked Attorney Cherof if the City could declare a moratorium on rental apartment buildings Attorney Cherof stated the Commission does have the power to impose moratoriums fiowever, that can represent a temporary taking of property for which the City would have to pay the property owner Attorney Cherof stated before moving on this, the issue needs to be studied Commissioner Fisher would like to send a message out to future developers that the City will be looking at a moratorium for six months and in the meantime direct staff to do a comprehensive study of the impact that the current apartments have upon the City Attorney Cherof stated this was possible However, anyone coming in for a development permit in the meantime, and before it is formalized, that project could move forward Mayor Broening wanted people to know that the City, although there is a draught, can provide water and is making plans to expand the west plant to provide additional water Mayor Broening stated that there is no reason for any public concern at this point because these issues are being addressed Commissioner Ferguson noted that this is on the agenda for the next Commission meeting Attorney Cherof requested Commissioner Black amend his motion to include a time period for the letter of credit so that the developer would have a timetable to accomplish the real estate transaction If it cannot be accomplished within that time period, the City would have the cash Ms Miskel agreed to 60 days Commissioner Black amended his motion to include that the letter of credit would include a 60-day time period Commissioner Ferguson seconded the amended motion Motion carried 4-1 (Commissioner Fisher dissenting) Commissioner Fisher inquired if staff could determine what the cost would be for an outside consultant to work With staff to perform a true analysis on the apartment issue? ~ 12 Galav Lusia From Sent: To Subject: Rumpf Michael Wednesday May 30 2001 1 11 PM Galav Lusia FW Park Land Dedication - Villa Del Sol Lusia, could you contact the agent and confirm the facts My memory was that if they did not negotiate the sale within 60 days they would have to post surety in the event it fell through Please find out what is happening on their end and inform them they may be in violation of the development order Thanks MR. -Original Message----- From: Wildner, John Sent: Wednesday, May 23, 2001 2:30 PM To: Rumpf, Michael Subject: Park Land Dedication Villa Del Sol Mike - Mr Zill just stopped by to see me concerning the purchase of the 2.34 Acres of land required for the Villa Del Sol Development. At City Commission meeting the developer agreed to post a bond or dedicate land to the City within 60 days of the agreement (or loose the bond) As pointed out by Mr Zill more than 60 days have elapsed and so far the Villa Del Sol people have not really moved forward with the purchase of his property Do you have any further information on this subject? Mr Zill is now in the position that he wants to buy land to relocate his businesses and can't understand what is happening. Thanks for your help John 1 ~,.no...'" 03~~.JJ: o (J )...." .~~ V~ }-o N '?> DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment April 26, 2001 Nick Lennsen SouthTrust Bank 201 South Orange Avenue SUIte 1501 Orlando, FL 32801 RE File No LocatIon. Villa Del Sol NWSP 00-014 Northwest comer of Old DIxie Highway and US 1 (Federal Highway) Dear Mr Lennsen. As requested and pursuant to your faxed letter on April 24 2001, please be adVIsed that the above referenced project IS currently zoned R-3, MultIple-family reSidentIal accordmg to the offiCIal zomng map for the City of Boynton Beach. Please be advised that the Land Use DeSignation IS SpeCial High Density ReSidentIal WIth a maxImum denSity of20 D U./acre, accordIng to the Future Land Use Map of the Comprehensive Plan for the City of Boynton Beach. Also, the approved use of multi-family reSidentIal apartments IS a permItted use m the R3 zonmg distrIct. Furthermore, a traffic statement for thIs project was submItted and sent to the Traffic DIVISion of Palm Beach County for reVIew and approval. The Traffic DIVISion of Palm Beach County determmed that the project locatIon falls Wlthm the coastal reSidentIal exception area, and therefore meets the Traffic Performance Standards of Palm Beach County If you have any further questIons regardmg the above, please do not heSitate to contact me. J\SHRDATA\Planning\SHARED\\'/P\CORRESPlZoning Verification Letters 2001INick Lennsen SouthTrust Bank letter. doc City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310 Phone: (561) 742-6260 . www.ci.boynton-beach.f1.us 6.B.l VILLA DEL SOL SITE PLAN DEVELOPMENT DEPARTMENT MEMORANDUM NO PZ 01-040 SITE PLAN REVIEW STAFF REPORT PLANNING AND DEVELOPMENT SOARD AND CITY COMMISSION March 3 2001 DESCRIPTION OF PROJECT Project Name/No Property Owner. Applicant/Agent: Location Land Use/Zoning Type of Use Project size Adjacent Uses Villa Del Sol/ NWSP 00-14 Grove Partners Limited c/o Michael Lewis Eugene Spano, The Cornerstone Group Northwest corner of Old Dixie Highway and U S 1 (Federal Highway) Special High Density Residential (20 du/ac) / R-3 Multifamily Residential Site Area No of Units Lot Coverage Density. 15 697 acres (683,761 square feet) 312 2 90 acres (125,282 square feet) 19 87 du/ac (see Exhibit "A" - Location Map) North - Los Mangos Patio Villas / Townhomes zoned R-3, South - Single family residential neighborhood zoned R-1, East Old Dixie Highway right-of-way and further east Texaco gas station zoned C- 3 U S 1 (Federal Highway) right-of-way and further east The Colonial Club Condominium zoned R-3, and West - F E C Railroad right-of-way Site Characteristics The subject property is comprised of two (2) vacant irregular shaped parcels totaling 15 697 acres The most northern portion, "Parcel 1" is 11 191 acres and the southern portion "Parcel 2" is 4 506 acres all under the same ownership Proposal Concurrency. a. Traffic- The developer proposes to construct 312 luxury rental apartments throughout thirteen (13) separate buildings on 15 697 acres Each building will be three (3) stories high and contain a mix of one, two and three-bedroom units A 3,374 square foot, one-story clubhouse building a swimming pool, a volleyball court, and a "tot lot" are the recreational amenities provided (see Exhibit'S" - Proposed Site Plan) In addition a 64 square foot gatehouse is proposed at the entrance / exit of the site An aluminum gate lined with decorative foam banding and pre-cast decorative pineapples is proposed along the front entrance Decorative aluminum fencing five (5) feet in height is adjacent to Federal Highway and Old Dixie Highway A vinyl coated chain link perimeter fence six (6) feet in height will surround the entire complex, excluding those areas adjacent to the above-mentioned rights-of-way A traffic statement for this project was submitted and sent to the Palm Seach County Traffic Division for their review and approval The Palm Seach County Traffic Division has determined that the project location falls within the coastal residential Page 2 Altman! Bay Vista)- Site Plan Review Staff Report Memorandum No PZ 00-159 exception area and therefore meets the Traffic Performance Standards of Palm Beach County b. Drainage - Conceptual drainage information was provided for the City's review The City's concurrency ordinance requires drainage certification at time of site plan approval The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required Driveways There is one (1) main entrance proposed for the development located at the southeastern portion of the site on Old Dixie Highway This entrance will allow for both right and left turns from the site The driveway has a 38-foot entrance and a 15-foot exit separated by a 1 a-foot median The applicant is requesting an administrative waiver to allow the entrance to be more than 32 feet wide as required by code Entrance to the development will be restricted by an unmanned, electronically operated, security gate Parking Facility. A total of 570 parking spaces are required for the proposed residential use based upon the applicable per bedroom ratio required by the land development regulations In addition to the parking allocated for residential purposes the project exceeds the minimum number of parking spaces required for the recreational amenities Regarding the clubhouse and leasing office, eight (8) parking spaces are required and thirteen (13) parking spaces have been provided The total number of parking spaces provided for the entire project is 588 spaces, including an overflow of ten (10) extra spaces Overall, two percent (2%) or twelve (12) spaces of the 588 are designated for handicap use All spaces, except handicap spaces, will be dimensioned nine feet by eighteen feet (9' x 18') with a two (2) foot overhang using wheelstops Landscaping The landscaping of the site will fully meet code requirements when staff comments are incorporated Front and side yard landscape buffers are provided as required by code Extensive landscaping is proposed for the entrance area and will include a variety of palms, shade trees, and shrubs The entrance area will also contain a decorative fountain and appropriate project signage A total of 426 trees are required and 464 trees have been provided Of the 464 trees, sixty-five percent (65%) are considered native species The Washington Palms Queen Palms Cabbage Palms and Alexander Palms will be installed in varying heights to increase the project's aesthetic quality Building and Site Building and site regulations will be fully met when staff comments are incorporated into the permit drawings Community Design The proposed development has selected Buff as the predominant color with accent color tones in Beacon Yellow (gold) and white The aluminum railing color will be Sage The roof will be constructed with Spanish S-tile and the building fac;ade will be made of a light texture stucco finish Complimented with attractive landscaping and an ornate entrance feature the design suggests an 'upscale character The proposed architectural style is similar in character with the recently approved development "Tuscany on the Intracoastal" near Federal Highway and Southeast 23rd Avenue The proposed design is preferable for this redevelopment area of the city Signage The project is proposing to have one (1) double-faced free standing monument entry sign five (5) feet in height, located in the median at the main entrance A decorative project identification wall sign is proposed adjacent to U S 1 / Federal Highway The monument sign meets the City's sign requirements for height and setbacks per Chapter 21, Article IV Page 3 Altman/ Bay Vista)- Site Plan Review Staff Report Memorandum No PZ 00-159 Sec. 1, however the wall sign must be reduced in size from twenty-one (21) square feet to no more than sixteen (16) square feet per Chapter 21, Article III Sec. 6 C 5 (see Exhibit "C" Conditions of Approval) RECOMMENDATION. Staff recommends that this site plan request be approved, subject to the comments included in Exhibit "C" - Conditions of Approval The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S.\Planning\SHARED\WP\PROJECTSWilIa Del Sol (N\VSP)\StatTreview NWSP 00-OI4.doc LOCATION MAP VILLA del SOL EXHIBIT "A" I ~19b~~/j' ~'.", 1-~~' ri;riiin~:~~;-:~bi@ .."',~-~..... %1/ :- :~ i':. ~.'~!J~ -, e-.. 'fl:, ':"MID r--~.;~~ln Ii IL.UI~~CJ IL -1 i'" -.. I ... I ~ / r ~. -: .~...: , '. l I Pttftht, ~~. ',': il!," "'I ul/ It 7~_ '/~ I :' (::2 -:I!' L- __J 1 .;; ~ /' ~ I \ I I I - Iau.a.u. '. ^ / I I! J :({_ ~ ~ ,- ~.... ~ It --1 _ A"' "'W-' I. I :r:~ I~= l R,- ;- c ' :sJ :It ;;-.ole l f.l. . ..., / r-I, :("/f (~,.. 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I I TI;t J- - ~ I ,i: :::::l:l~:l:l:l:~l:l:l:l:l:l:~l:l~~l~:;V.r-'~ : ~:' I r- R - - --f I::::::::::::::::~:::.::~::::::~:~WI' / : ~~ , ~::'~ r:, ,,: ~~l.:l:~ ~'.::JiE/y . - c:J.,..; -" -r ./-~I I I -, I I J ./.. -. , , I 'I I ,......~f 'I:t J ~ /; - = . ~ 1"1 -' 1. --- 'I I .-;- , J ,. ... - I if, I . i j I I T j-- - r---.- II 1 =I-I }: r '\~r U.l~1 T Trl-- $ , ~ ~I i JI 1 1 I ><: ~~ ~ ,+.. l I I , I-------j -I} I 'l~ I I I I I'.!! I I - , ~ . ,}/ I 0"" ,/.~L '- ~D. ~ ____ RS ~J _ I II I t fJ It, · lOll I~' .' _=---'~ "'lJ~i~j.~ ~ -. r!- ~. 1- 'f ~ n-= t~.~; ! ~~ ~ --:-:= __ 1 :~ l...... Mf.11I ~' -8 J. \:T:I E ~~ , - 5f-'" r-:: ..:..+---.. ~ ~ ; - Y"~~ ~J /I] '-- 0,.5,[, ,..1. - ~ ~ ~ ~ ~ ~ .'.;..~. . ' ;"41'~TY ~..: - , --I- I h, ' ~__ '- f-- 1-. I . .~.~':. I ~ ..: = ~. ']III( 1iI:. I I I 'ij;~, I . -: -=- =t.1.Lj--; , l ~ -.- L E .FAMILY ~; , Ll T,I '-- - ~ r-;:'~1-+-f r " r:I ~ -I -- -, - l i '-' '-.-1 ~~=-- ~ I II~.A.J~~ ~~ .-=::- ~]~~;'~' _~fi7-~:J ==4~_ ~__~ ~ - '-=- i ~ I TI!!!!1 '- ci-~ '; I. ~, - ~ N I~ T J i C:3 i ~_~h _.__L -, E RG 1 /8 MILE S ~ I. ~ CITY I I I ;If ~-:II [[ , ii!!.' " ..r.~ .,.. ~ /' ,p! ~ III, I I ,I < '!: I / .----, 'j /tj,:' · F I : I l~ ~. I },,: " ill ~ ,',r? ' '~_O 400 800 FEET 03/01 il- -l " I rk I :: r- ;\'11 __V'>-!L...J \ ~,.J::.I_ I' [LA N'^fIIV {; PEP r <~ CORNERSTONE GROUP DEVELOPMENT CORPORATION February 12, 2001 Lusla Galar SenIor Planner City of Bovnton Beach 100 E. Bovnton Beach Boulevard Boynton Beach, FL 33425-0310 RE. VILLA DEL SOL - 320 UNITS Pursuant to our phone com'ersatlOn, please conSIder thIS as our formal request to remstate the \ ilia del ~ol fRC applIcauon The project WIshes to conunue onto the second TRC on Februarv 6, 2001 meeung With staff on tlllS da,' to finalIze all staff comments. The project will present the rensed plans WIth all comments mcorporated as well as the reqUIted seven copies of the responses ill \Vntten format. Reduced 81 (2" X 11" sIte plans, eleratIons and landscapillg plans will also be pronded. In addlUon, the applIcant requests an ad1ll1nIstrauve vanance illcreasmg the maXlmum Width of the dnveway beyond the 32' standard. The current project deSIgn illcorporates a 12' VIsItor lane, 4' meman, 22' guest lane, 10' landscaped meman and 15' exlt lane, for an overall entrance dunenslOn of 63' The entn- layout reflects the typICal Cornerstone Group deSign and IS representauve of n'pIcal multI-family commUnIUes In the market. ~r\ second and thIrd ad1ll1nIstraU\'e vanance IS requested askIng for a reducuon of the Side setback between builchngs from 25' to 21' allOWIng for the setback to be calculated from the bmlmng footpnnt rersus the roofhne. Please rene\v our request and call me at (305) 443-8288 to confIrm. Thank YOU for your assistance In processIng thiS applIcation. I c rd Jones - QUInCV Johnson ~\rchltects ary Bloom - GCG EngIneenng, Inc. ~\lex KnIght - ~\lex KnIght Landscape \rchltecture & PlannIng 2121 Ponce de Leon Boulevard, Penthouse 11, Coral Gables, Flonda 33134-5219 Tel. (305) 443-8288, Fax. (305) 569-9358 02/02/01 FRI 11 54 l-AX ~002 <Dr- CORNERSTONE GROUP DEVELOPMENT CORPORATION January 29, 2001 Delivered lJ!tJ.fClcsitni/r (561) 742.6259 Lusia Gala" Se!1lor Planner CIty of Boynron Beach i 00 E. Boynton Beach Boulevard Bornton Beach, FL 33425-0310 .Dwmrn ill " ,.,.< M~t PLANNING AND ZONING OEPl RE. VILLA DEL SOL - 320 UNITS Pursuant to our phone conversauon, plea.se consIder tlus as our formal request to re1!lstate the Villa del Sol TRC apphcauon. The oraJec! wishes to cont111ue onto the second TRC on February 6, 2001, meeung WIth staff on dus day to fmalize :illstafE CO!ll1nents. The proJect will present the revlsed plans WIth all cOn".Jnems lOcorpora!ed as well as t..~e requl!ed seven CO?leS of tl:e responses In \vr~tten format. Reduced 8~ " x 11" site plans, elevatIons and landscaplOg plans wu a.so be providec. In addmon, the ap~hca11t requests an adouristratJ.ve var~a3ce increaslng the maxunum W1d[~ of the driveway beyond the 32' standard, The current project design Ulcoll'orates a 12' VISitor la:1c, 4' median, 22' guest lane, 10' landscaped median and 15' eXit lane, for an overall entrance <bnenslon of 63 The entry layout reflects the tvPIcal Cornerstone Group desJgn and representatIve or multi fanuly COlT.u'1lUmtIes 111 the market. Please reVIew 0.l1' request and call1lle at (305) 443-8288 to confirm. Thank you for your a5S1stance 1...'1 processl1lg tlus applicauon. Ce. Richard Jones - QUInCY Johnson Arcmtec':s l-'an Bloom - GCG Engmeenng, Inc. Alex Kmg~1t - Ale:" Kmght Landscape Ardutecrure & Planning 212 I Ponce de Leon Boulevard, Penthouse H, Coral Gables, Florida 33134-$2 I 9 Tel. (30$) 443.8288, Fax. (305) 569-9358 __QV02 /01 _---.ER! 11 54 FAX ~ ~ W ~ 2 01 ill THE CORNERSTONE GROU ~. FACSIMILE TRANSMISSION COVER SHEET Fax: (561) 742-6259 To: Lusia Galav - Cit{ of Boyntor Beach Pages: 2 Phone: Date: 2/2/01 lie: Villa del SOl cc: lEI Urgent 0 'or Review [&J Pie... Comment 0 Plea.. Reply o Please Recycle Comments: Pursllant to my phone message. please find the re-fax of my formal reinstatement letter and request fro variance. We vvere seeking the 2.16/01 date as TRC but have not heard a response to o~r intial inquiry Please review a1d caIJ with your comments ard 'Iw'e will re-organize for 2/13/01 i' ,he 216/01 TRC agenda has already bee"! set. Thank you for your ass:stance 2121 PONCE DE LEON BOLLEVARD SUITE PH-II CORAL GABLES, FL 33134 TELEPHONE: (305) 443-8288 FAX: (305) 443-9339 N L~J Sf - [O-o/Lj <~ THE CORNERSTONE GROUP SENT VIA FEDERAL EXPRESS September 7, 2000 City of Boynton Beach LusIa Galav Semor Planner 100 E Boynton Beach Blvd. Boynton Beach, Fl 33425-0310 Re. Villa Del Sol - Comments Dear Lusla, Per comment 54 enclosed please find a signed copy of the Purchase and Sale Agreement for the above mentlOned sIte Very truly yours, CORNERSTONE GROUP By Arn:~e~ Project Manager Encl 2121 Ponce de Leon Boulevard, Penthouse, Coral Gables, Florida 33134, Tel: (305) 443-8288, Fax: (305) 443-9339 ~ 1\-1" ""tq,..l AGREENIE~T OF PURCHASE AND SALE TElJ AGREEMEl\l OF PL""RCFJ.ASE ~:\1) Si~.LE (thIS Agree::nem') IS ~~ of thIS r.. dav of Februar)' 2000 berween Cornerstone Group Holdmgs Inc a Flonda corporatIOn, havmg an address at 2121 Ponce de Leon Boule\ arc. Penthouse Sune #2 Coral Gables Flonca 3313,1 ( 'Purchaser) and Grove Pa...."'"tne:-s Lm]lted, a Flonda lImned partnershIp havmg an adnress at c/o :\1lchael K. LewIs 6 Ramland Road, Orangeburg :\"ew York 10962 ( Seller) RECITALS. A Seller IS the owner of that cenam parcel of real property located m Palm Beach Coumv, Flonda, more parncularly desc:ibed 1ft ExhIbIt A attached hereto (heremafter referred to as the ' Real Prooenv or "PrODert\ '1 \. .... _ .l.., B Purchaser IS deSIrous of purchasmg from Seller the Real Propen\ and all nghts thereumo appertammg and Seller IS deslIaus of sellmg same to Purchaser upon the terms and COndltlOnS heremafter set fanh NO\\ THEREFORE m conslde:-atlOn of the mutual covenants and pronnses heremafter set forth, and for other goon and \ aluable conslde:-atlOn the receIpt and sufficlencv of \VhlCh are herebv ackno\\ ledged bv Purchaser and Seller the parnes hereto each lTItendmg to be leg2.l1v bouTIa do heret) coven:lDt and agree as follows Rec1t2.1s. ';'11 of the recitals set forth above are true and accurate and are mcorporated herem by reference 1 Defimnons In addmon to the terms defined elsewhere m thIS Agree::nent, as used herem the followmg terms shall hay e the followmg meanmgs, unless otherWIse defined herem (a) Busmess Da' A;'1) dav of the vear m \vmch commerCIal banks are not reqmred or autbonzed to close m Palm Beach COUI:.t\ nonda. (b) Effecnve Date The date upon whIch thIs Agreement has been fullv executed bv both Purchaser and Seller and delIvered b\ Seller to ~ ., '* Purchaser P&S/G,ove.'Bovnton B:::J.c~irev6 1 (c) Person An mdlvldual partnershIp corporatIon (mcludmg a busmess trust) umncorporated aSSOClanon, Jomt venture Jomt stock company trust or other enm:y or a government or an\. polIncal subdlvlslOn or agency thereof (d) SUrV1Vm2: Obh2:anons Collectlvely (1) any mdemmtles and any other oblIgatlOlls under thIS Agreement on the pan of Purchaser or Seller whIch are specIfically stated to surVIVe the terrmnanon of thIS Agreement, (11 J the oblIgatIOn of Purchaser to deln er to Seller pursuant to SectIon J. hereof all Inspectlon :Lvlatenals (UI) those costs expenses and oblIgatlOnS specIfically stared herem to be the responsIbIlIty of Purchaser or Seller respect1\ ely, and (IV) the repreSerltatlOn and Vvarrantles made by Seller and Purchaser m SectlOns 8 (a) and 8 (b) respectlvel) 2 Sale and Purchase of Propen\ Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase from Seller at the pnce and upon the terms prO\'1SlOnS and COndItlOnS set fonh m thIs A2:reemem the Real Prouenv _ J. . 3 Purchase Pnce and :Lvlethod or Pavment of Purchase Pnce. (a) Subject to adjustment m accordance WIth the terms coneltlOns and proVlslOns of SectIOn 9 hereof the Purchase Pnce (the' Purchase Pnce 'J for the Real Property shall be Three lvl1lhon Fi\. e Hundred Thousand Dollars (53,500 000 00) The Purchase Pnce shall be paIe as follows (1) LJpon executlOn and delIverv of thIS Agreement to Seller Purchaser shall deliver to Rachsrem Norman & Buchman LLP ("Escro\\ Agent") m ImmedIately aVaIlable funds the sum of One Hundred Seventv-Five Thousand Dollars (5175 00000) (smd sum IS heremafter c2.lled the' DepOSIt' ) (ll) Upon the delIvery of a l\otlce of Final Approval and Closm2: to Seller and to Escrow A2:ent as set !orth In Sectlon 7 hereof Purchaser ~ ~ shall delIver to Escro\\ Agent. m lInmedwtelv aVaIlable funds the addltlonal amount of One Hundred and Twenty-Five Thousand Dollars (5125 000 om (whIch sum shall heremafter be called the' Second DeposIt ') (HI') The balance or the Purchase Pnce after 2::vm2: credIt to / ~ ~ Purchaser for the Deposlt and Second Deposlt, and a!ter calculatmg the adjustments and proratIOns to be made III accordance WIth SectIOn 9 hereof shall P&S;GroveiBovmon Be:lcr" rev6 ,., .L be pald bv Purchaser at Closmg, by WIre transfer of nnmedlately aVallable fune.s (n) The DeposIt, and the Second DeposIt, shall be held bv Escrow A2:ent and denosned m an mterest-beannsr account at State Street Bank - ~ - and Trust Compan:: m Boston wlassachusens The DeposlL once pald, a!ld all mterest earned thereon shall be refundable to Purchaser If thIs Agreement IS te:TIllnated dunng the Inspectlon Penod as set form m Sectlon 4(g) hereof The Deposlt and Second DeposIt shall both be applIed toware the Purchase Pnce at Closmg Upon receIpt or Fmal Appro\ allas heremafrer defined) the Deposlt and the Second DeposIt shall both be non-refundable to Purchaser except as proVlced m SectIon 14 hereof Purchaser s L S Tax I D Number IS f.g5'CJ1{P'( 243 Interest earned on the DeposIt and Second DeposIt shall be pald to Purchaser at Closmg, but If there IS no Closmg then the mterest shall be pald to the party entnled to rece:ve the DeposIt and the Second DeposIt. (b j Except as otherWIse expressly provIded, all payments provIded herem to be pald shall be made m cash or currency of the LTI.ited States of Amenca m Ir:rhlledIatel:: avaIlable fU!lds or b\ WIre transrer of funds to accounts desI2:nared bv Seller - . 4 InsnectlOn and Due DIlI2"enCe Penod. (a) Dunng the penod commencmg on the Effectlve Date and expinng at 5 00 p m. (Eastern Stancard TIme) on the sIxneth (60th) dav after the Effecn ve Dare ( the InspectIon Penod ) Purchaser shall have the nght to make a full mspecnon of the Real Property to mvesngare the phySical condwon of the Real Property ane. the zomng land use and other govemmentallaws ordmances ane. regulatIOns affectmg the Reai Propeny and the compliance of the Real Propert:: therewlth mcludmg the nghrs to and restr::.cnons agamst development applIcable to the Real Property under eXlstmg county state and federal authont\ Purchaser and ItS employees agents contractors engmeers and other representatIves (collectlvei') "Purchaser s Agents ') ma:: enter upon the Real Property or an:: portIOn thereof at reasonable hours upon reasonable advance notIce to Seller m order to conduct studIes (mcludmg marketIng studIes) survevs 5011 tests en2"meenn2" tests and other mveStl2:atlOns and tests . - - - (collectively the "Inspection) and Seller grants to Purchaser and Purchaser s Agents a revocable non-exclUSIVe hcense for such Inspectlon Purchaser shall not remove or dIsturb any vegetatIOn or matenal or otherWIse alter the conditIOn of the Real Property. The Inspection and all other mvesngatlOns and due dlilgence conducted b) Purchaser dunng the InspectIOn Penod shall be conducted for the purpose of dete::TI1J.mng whether the Real Property may De unlIzed for and m P&S/Grove/Boymon B~:lcrJrev6 ~ -' accordance wIth Purchaser s mtended plans and mterests m Purchaser s absolute exclusIve final Judgement. The InspectIOn and all other due dIlIgence actIvltleS shall be conducted by Purchaser at Purchaser s sole cost and expense In the event that Purchaser subsequently raIls to close upon the purchase of the Real Property for any reason then wItl-1m ten (10) days of the tenmnanon of thIS Agreement Purchaser shall provIde Seller at no cost to Seller wIth copIes of the results of any studIes tests mvesnganons and mspectlons as well as any surveys plans drawmgs applIcatIons or other matenals prepared by or on behalf or Purchaser (but the same shall not mclude confidentIal adrmTIlstratl ve and other mternal reports or memoranda) respecnng the Real Prop en\. (collecr.: vely the "InspectIOn Matenals ') (b) Purchaser shall promptly repillr any damage to the Real Property resultmg rrom the Inspectlon and shall promptly replace and refill any pornon of the Real Propeny used for any Inspectlons or tests and arter the InspectIOn shall promptly restore the Real ProperTv to substantIally the same COndItIOn that It eXIsted m pnor to the Inspectlon. (c) Purchaser shall dunng the InspectIOn (1) comply wIth all laws applIcable to the Real Propeny, the InspectIon and all other actIVItIes undertaken m connectIon therewIth, (n) perm.n Seller to have a representatIve present dunng any Inspection undertaken hereunder and (m) take all acnons and Implement all protectIons reasonablv necessary to ensure that all acnons taken m connectIon - - WIth the InspectIOn, and the eqmpment, matenals and substances generated, used or brought onto the Real Property pose no threat to the safety or health of persons or the enVlIonment, and cause no damage to the Real Property or other persons (d) Purchaser agrees to h.eep the Real Property rree or any hen or encumbrance created or caused dIrecth or prOXimately bv Purchaser or Purchaser s Agents mcludmg WIthout llIIlltanon lIens for serVIces labor or matenals furnIshed m connectIOn \vlth the Inspecuon and to cause anv such hens or encumbrances to be lllllnedIately removed. (e) Purchaser shall and does hereby mdemmfy and hold harmless Seller Seller s general partner and all employees and officers or Seller and Seller s !Zeneral narmer as well as Seller s Broker rrom and a2:amst anv and all ~ J. ~ cla_ms demands, causes of acnon, losses damages lIabIlItIes costs and expenses (mcludmg WIthout hrmtatIOn reasonable attornevs fees) surfered or mcnrred by all or anv of them and arIsmg out of or m connectlon w~th (1) Purchaser s and/or Purchase:- s Agents entrv upon the Real Proper.y (n) an\ InspectIon or P&S/Grove/Bovmon BeJc:Vrevo 4 other due dIlIgence aCtIVItIeS conducted WIth respect to the Real Property bv Purchaser or Purchaser s A9:ents and/or (In) anv hens or encumbrances filed or recorded agamst the Real Property as a consequence of the Inspectlon or the preparanon of filmg of an} Project .\pphcatIOn (as herem after defined) or any and all other actlvmes unoena...l(en b\ Purchaser or Purchaser s Agents m conne::::tlon WIth tills Agreement. (f) Purchaser shall determme and/or confirm to Purchaser sown satIsfactIon all aspects of the status and COndItIOn of the Real Property All such detenr.Lmanons shall be at the sole dIscretIOn of Purchaser and not as a result of any representanon of Seller or ItS a2ents representatIves and employees whether ., _ _.J. ~ .,I actual or ImplIed Purchaser acknowledges thaL except as spe::::lfically set fonh herem, the Real Propeny IS bem2 sold m stnctly as IS condltlon Purchase:- ~. ~ a2rees to relv wholly on ItS own momry and mVeStI2atlOn to detennme the ..... .....,1 ..L ., "- merns, usefulness and smtabIlIt; of the Real Property ::-Jenhe:- Seller nor any or Seller s respectIve agents employees or representatives has made anv representatIOns or held out anv mducemenrs to Purchaser (other than those If any herem expressed) Seller shall not be lIable or bound m an\ manner b\ any verbal or wntten mformanon pe~ammg to the Real Property othe:- than wntten mformatIOn (If any) furnIshed bv Seller Purchaser acknowledges represems and warrants that If Purchaser shall not have exercised ItS termlnanon opuon pursuant to Sectlon 4 (g) hereof pnor to the expratIon of the Inspectlon Penod, and shall thus have elected to proceed to the Pe:nutnng Penod, Purchaser shall have fully exammed and mspected the Real Propert), and Purchase;: WIll have accepted and WIll be fully satIsfied In all respects WIth the foregomg and WIth the ph\ sIcal COnGHlOn value, envIronmental condItIOn and tHle of the Real Propert} Purchaser s acceptance of the Deed shall be a dIscharge of all of the oblIganons of Seller hereunder except such as may be expressly reqUired to surVIve the delIvery of the Deed under thIS Agreement (g) If pnor to the expIratIon of the InspectIOn Penod, Purchaser for any reason has determmed not to complete the purchase of the Real Property Purchaser shall nOtIry Selle:- and Escrow A,.gent m wntmg (the "NotIce of CancellatIon ') by makmg demand for a rerund of the DeposIt, Upon Escro\\. Agent s tImely receIpt or the NotIce or CancellatIon Escrow Agent shall rerund the DeposIt, and all mterest earned thereon to Purchase:- at whIch tlme thIS Agreement shall be deemed to be temunated and each party hereto shall be relIeved of further lIabIlItv hereunder to the other except ror the SurvIVIn2 . ~- OblIgatIons If Escrov" Agent has not rece:ved a NotIce of CancellatIOn rrom Purchaser pnor to the expIranon of the InspectIOn Penod, Purchase;: shall be deemed to have Irrevocablv and unconGltIonallv walved and rehn01..llshed ItS fl2:ht . .; ..- P&S/GrovelBovmon Be:lch/rev6 5 of cancellatlOn dunng the InsDectlOn Penod. and the mterest on the DeDoslt shall ..... J.' ... thereafter follow the DeDosIt and Second DeposIt If the Closmg shall not occur ... ~ - but shall remam applIcable to the Purchase Pnce at Closmg (h) The PrOVISlOns of thIS Sectlon .1 snall surVIve the Closmg or the earlIer terrrunatIOn or thIS Agreement. 5 CondltlOn of TItle (aJ ProffiDtlv arter the executIOn and sImultaneouslv wItn the J,. ., .- delIvery of thIS "\greemem by Seller to Purchaser Seller shall dellver to Purchaser ItS most aVaIlable recent survey of the Real Propertv If Purchaser shall decIde to obtam ItS own survey then no later than fony-five (45) davs arter the EffectIve Date ( the TItle ReVIew Penod") Purchaser shall obtam a current survev of the Real ProDertv The survev used bv Purcnaser whether eXIstmg or wi ... .,/ -' -' - current, shall heremafter be known as the' Survey' Purchaser shall also obtam wIthm the Title ReVIew Penod, at ItS own cost and expense a tHIe msurance corrumtment (the "TItle Comnutment ') Issued b\ a tHle msurance companv selected bv Purchaser (the "TItle Company ) showmg Seller to be vested \vnh fee sImple tItle to the Real Propert) subject only to the usual ane customary m:ht) easements and trustee deeds for a propertv of thIS nature and agreemg to Issue to Purchaser upon recordmg of the Deed, an owner s tItle msurance polIcy m an amount equal to the Purchase Pnce Purchaser shall wHhm seven (7) da) s of the receIpt of the Title Comrmtment, delIver a copy of the Sun,ev (If a current Survey IS obtamed) and Title Corrumtment to Seller and together WIth such delIverv shall adVIse Seller whether It acceDts the Survev and/or TItle .,/ ~ wi Corrumtrnent or otherWIse At Closmg tItle to the Property shall be conveved to Purchaser subject to all matters set fonh on the Survev and m the Title Corrumtment, whIch Purchaser has not prevlOusly objected to as prOVIded m the precedmg sentence (the "Perm.HIed ExceptIons) Ig the event Purchaser IS not satIsfied wHh the condmon of tItle as eVIdenced bv the Survey and the TItle Commitment. Purchaser mav terminate thIS Agreement Gunng the InsDectIOn Period as prOVIded m SectI~n 4 (g) lIeleu; ~ ~ ~ (b) Pnor to Closmg If an:, update to the Title CornlT.lltrnent dIscloses the eXistence of any lIens encumbrances or other defects or exceptIons other than the Perrrutted ExceptIons (the "New TItle ~'1atters') whIch render ntle unmarketable then Purchaser shall gIve Seller wntten nonce wnhm seven (71 days after Purchaser s receIpt or any such update thereto (' Purchaser s Title Nonce") speclfymg any New TItle ivlatters whIch render tItle unmarketable ( 'ObJectIOns') Purchaser hereby waIves any nght Purchaser may have to raIseh P&SiGrove/Boynron Be:J.d'Jrev6 6 as an obJectlOn to tnle or as a ground ror Purchaser s refusal to close thIS transacnon~ any Nev. TItle :WIaners whIch Purchaser does not lIst as an ObjectIOn m a tImely delIvered Purchaser s TItle ~otlce such New Tnle :WIatters thereafter bemg deemed to be Pemutted ExceptIons Seller shall notIfy Purchaser wlthm five (5) davs or receipt or Purchaser's TItle ~otlce as to whether Seller mtends to remedy anv or all or the ObJectlons m whIch evem Seller shall have up to SIXty (60! days from w~e date or Seller s nonce to use dI.hgem effons to cure such ObJecnons and If Seller shall so do the Closmg shall be delayed ror the penod or tIme necessar} ror Seller to cure but m no event for longer than SIxty (60) days If Seller has not nonfied Purchaser wlthm five (5) days or receIpt of Purchaser s TItle NotIce of ItS mtem to remedv any or all of the ObjectIons or If Seller elects not to cure all of the Objectlons Purchaser shall have the nght as Its sole remedv eIther (1) to temunate thIS Agreement by glvmg wntten notIce to Seller wnhm ten (10) days 01 the expuatlon 01 the reply penod or recelpt 01 Seller s electlon not to cure and upon such tenmnatIOn Escrow Agem shall prompth refund the DeposIt, and the Second Deposit (If apphcable) and all mterest earned thereon to Purchaser and the parnes herew shall have no runher lIabIlny or oblIgatIOn hereunder except ror the Sun Ivmg Obl1ganons or (ll) to warve the ObjectlOns and consummate the purchase or the Real Property wIthout any abatement or reduct~on 01 the Purchase Pnce subject to the ObjectIOns whlch shall be deemed to be Perrnntec EXCeDtlOnS l'i"ot\vnhstandm2: the rore2:om2: II Seller has ..r.. "- ,,-,- cow...menced cunng the ObjectIOns and IS GIllgently prosecurmg the same then Purchaser upon wntten request b) Seller shall extend the cure penod for sucn tIme up to an addItIOnal SIxty (60) day s as may be reqUIred by Seller to cure the same and If Seller shall so do the Closmg sna11 be delayed for the penod or Hme necessan for Seller to cure but m no event ror longer than SIxty (60) days Should Seller elect to cure and be unsuccessrul m complenng the same Purchaser may as ltS sole remedy eIther elect to termmate thIS Agreement (pursuant to subsectlOn (1) c.bove) or to waIve the ObjectIons (pursuant to sUDsectlon (ll) above) and proceed to close under the proVISIOns as stated herem Notwlthstandmg the foregomg Seller shall be oblIgated to cure all ObJectlOns to volumary encumbrances (i e encumbrances whIch Seller has executed or pemutted m wntmg to be executed agamst the Real Property) whIch can be cured by the pavment of a lIqUIdated sum~ and Seller shall rurther be oblIgated to cure all ObjectIons to Involuntary encumbrances (1 e encumbrances whlch Seller has not executed nor penIlltted m wntmg to be executed agamst the Real ProperLY) \VhlCh can be cured bv the pavment or a hqmdated sum prOVIded the aggregate amount of such hqUldated sum shall not exceed S 1 0 000 00 and Seller shall not be reqUlred to so expend any amount m excess or $10 000 00 m the aggregate m regard to ObJectlons to mvoluntan encumbrances nor prosecute any legal actlOn to cure an\ ObleCtIOnS whether anSlll2: due to voluntarv or mvolumarv .i oj "-' ~ .. P&..S/Grove/BoyTIton Be:.lch/revo 7 encumbrances (c) Purchaser ack."'1owledges that the Perrmtted Excepnons shall not be deemed ObJecnons to tItle and that If Purchaser determmes that any Perrmtted Excepnons render ntle to the Real Property unmarketable or render the Real Property unsUltable for Purchaser s mtended use then Purchaser sole remedv WIll be to terrmnate thIS AE"reement Dnor to the end of the InspectIon ~ '- J.. ~ Penod m accordance WIth Sectlon 4(g) hereof (dJ Purchaser agrees that the standard form survey excepnons contamed on the Tnle Commnment and to be mcluded on the tItle polIcy shall not be deemed Title 1vlatters or ntle defects Purchaser also agrees that If Purchaser shall WIsh to have the standard form survey excepnons modIfied or deleted It shall be Purchaser s sole responsibIlIty to delIver to the Title Company the Survey wnh the proper cernficatIOns acceptable to the Tnle Company m order to remove the survey exceptIons (e) 1vlarkerable tItle shall be deterrmned accordmg to applIcable TItle Standards adopted by amhonty of the Flonda Bar and m accordance wnh law 6 Approval Penod (a) Followmg the execunon and delIvery of thIS Agreement and m any event promptly followmg the eXpIratIOn of the InspectIon Penod Purchaser shall proceed dIlIgently to seek to obtam all approvals vanances and zomng changes from the governmental authonnes havmg JunsdlctIOn (mc1udmg wnhout Lmlltauon final unappealable SIte plan appro~n necessary for the constructIOn and operatIon ot an apartment develOpment (not to exceed 320 umts m number) mc1udmg entrances and eXIts from the Real Property to the surroundmg roads parkmg areas serVIce roads dn ves and other assoClated Impro\- ements (collectIve 1: the' Approvals ') Purchaser agrees that It WIll proceed dIlIgently to obtam SHe plan approval dunng the Inspecnon Penod. The Approvals shall not mc1ude a bmldmg perIDlt. Except as specIficall) set fonh m SectIOn 6(b) hereof the deSIgn and configuratIOn of the Improvements to be located on the Real Property shall be at the sole dIscrenon of Purchaser Seller agrees to provlde all reasonable aSSIstanCe to Purchaser m obtammg the Approvals and upon the request of Purchaser to promptlv execute appropnate applIcatIOn and other documents when and as necessar) but Seller shall not be requlTed to spend any momes m provldms: such reasonable aSSIstance Seller (throuS!h lIS consultant - ~ ~ ---, - Bradley D NhLer) has establ.Lshed a reco_~rnende_(Lum~lme schedule for t~~ P&S/Crove.'Bovnton Be:lch/rev6 8 obtammg of the Approvals Sald schedule IS attached hereto as ExhIbIt B It IS unaefstood~and-agreeCi that Seller has already subrmtted a P:i."oJect Appllcanon regardmg a land use change Seller shall upon or before the Effectlve Date deliver such docurn,.~on to Purchaser Eyery SIxty (60) daYr~owJn~th,e exec~-rl1:lS:A...gI-e.elIJ.hn.uurchase:i." shall provIde to Seller a status_Ie;,po.rtof rrs-approva~ pro~ress whlcn shall state3nich Approv:rrs have be~ld"fr-and wIDcn remain to be obtamed and to whm extent the nmelme !l.m.OOJmes se~onh ~- - ~~s.hange.d- Purchaser agrees to be dIlIgent throughout the approval process and make reasonable erTOnS to ensure all deadlmes are met and all meetmgs that should be attended are m ract appropnately attended, Purchaser shall be deemed to have · obtamed the Approvals once ~l) the Approvals have been Issued, are m wilnng and are not subject to any challenge or appeal and all penods wIthm \\'hlch any such challenge or appeal ma} be made have exprred, and (n) the Approvals contam no condItIOns or requrrements that are unacceptable to Purchaser m ItS sole dIscretIOn Purchaser may prosecute sucn applIcatIOns proceedmgs and appeals m ItS o\vn or m Seller s name and tf'ilough counsel of HS chOIce, as appropnate T~e penod COI11ffiencm~ on the eXDlratlOn of the InspectIOn Penod and tennmatmg one hundred and fift......- ( 150) day s later IS hereinafter referred to as the · Approval Penod' Any prOVISIOns of thIS ~/ Aaeement to the contrarv notwlthstandiTIQ: Purchaser shall have the nQ:ht "- wi _ _ pursuant to thIS SectIOn 6 to tenmnate thIS Agreement at an} tIme after the s~xtIe:h (60th) day of the Approval Penod oy glVmg wntten nonce of teTIrJ.matlon to Seller prOVIded that at the tIme Purchaser so tenmnates thIS A.greement Purchaser has .not recened Final Approval (as heremarter derinec) (b! Dunng the Appro\ a1 Penod, Purchaser shall have the nght to make applIcatIOns for A.pprovals (' Project i~~ppl1canons") to the appropnate governmental authontles Pnor to subIDittmg any Project Appbcanon to the appropnate authorInes the Project A...pphcanon shall be subl1lltted to the mdlVldual that Seller shall deSIgnate m wnnng (' Seller s Rev Ie\.. Agent") Seller s ReVIew Agent aQ:rees that It WIll not unreasonabh WIthhold. delav or _ _ J' ~ condmon Seller s approval of any Project ApplIcatIOn and WIll respond wlth comments to an) such Project Apphcanon wlthm ten (10) days of receIpt of the same FaIlure to respond to such Project ApplIcanon wlthm such tIme shall be deemed consent on the part of Seller Seller shall be deemed reasonable m vV'lthholdmg delavmg or condHlOnmg consent only If (1) the Project A...ppl1catIOn calls for an apartment development or larger than 320 umts (n) the Project ApplIcatIOn contams cena_n deSIgn aspects whIch are unusual for an apartment development of thIS nature III Boynton Be3.ch (111) the Project Apphcanon calls for SUbSIdIzed hOUSlllQ: and (n ) the Project Apphcanon calls for permanent chanQ:es m the n3.ture and SWIllS or the Real Pronertv whIch ......vould create a - .L _ P&SiGroveiBovnton Be:lchirev6 9 dU1l1nurIOn m value If thIS Agreement was terrmnated and the Real Propeny returned to Seller (It bemg understood and agreed however that a zomng change to a hI2"n-densItv mulnfarmlv resIdentIal use from the current cOITh--nerclal use - . - mcludmg the ImpOSItIOn of the usual and customarv resmctlons on com..merclal use shall not be deemed to create "permanent changes El the nature and starns of the Real Propenv \.VhlCh would create a dlImnutIOn m value' ) (c) At the tIme that Purchaser proVIdes Seller WIth a status report on Its progress m regard to the Approvals Purchaser shall also provIde to Seller a statement of ItS fees and costs mcurred to date m obtammg the Approvals ( the Approval Costs ') Such costs shall mclude only our-of-pocket thIrd pany costs mcurred bv Purchaser and costs mcurred pursuant to SectIOn 10 (e) hereof but shall not mclude Inspecnon related costs nor mternal adJI1..lmstratlve overhead or slrmlar such costs At Closmg Purchaser shall subrmt a final statement of the Appro\ al Costs to Seller and there shall be deducted from the Purchase Pnce the lesser of (1) the Approval Costs or (11) 535 000 00 Seller shall have no oblIgatIOn to make any such pavment to Purchaser If the Closmg does not occur (n) A"t any tIme commencmg on the SIxtIeth (60) day followmg the commencement of the Approval Penod and tenmnanng at the end of the Approval Penod Purchaser ma\ temunate thIS Agreement by wntten notIce to Seller and Escrow Agent If and only If Purchaser shall not have receIved Final Approval bv such tIme and If and only If the lIkelIhood of obtammg the Approvals on 'Or before explIatIOn or the Approval Penod, as the same ma) be extended, IS unce:tam and If Purchaser shall so do then Escrow' Agent shall promptly thereafre:::- rernrn the DepOSIt to Purchaser (but not the mterest earned thereon whIch shall be paId to Seller) and thereafter neIther party hereto shall have any funher oblIgatIOn to the other hereunder (except for those oblIgatIons whIch snecltlcallv surVIve the tenmnatIOn of thIS A2"reement) If at a::1V tIme J. ., _., dunng the Inspectlon Penod or the Approval Penod, Purchaser shall have a Project L\ppl1catIOn demed by the appropnate governmental authonty and II Purcnaser shall not have wIthm thIrty (30) days of such demal resubrmned to Selle:::- s ReVIew Agent a Project AppLcanon reVIsed m accordance wIth the governmental aurhonn s reasons for sucb demal then Seller shall have the I:s:ht for so long as such Project ApplIcatIOn IS not so resubffiltted, after pro\ ldmg Purchaser \Vlth wnnen notIce of ItS faIlure to resubrmt and ten (l0) days to cure the same, to termmare thIS Agreement by wntten notIce to Purchaser and Escro\.\ Agent. If Seller shall so do then the Escro\\. Agent shall return the DeposIt to Purchaser (bur not the mterest efu-ned thereon whIch shall be paId to Seller) and thereafter nenher parry heretO shall have any further oblIgatIon to the othe:::- hereunder (except for those oblIgatIons whIch specIfically surVIve the te:TIlJ.natlon P&S/Gmve/Boyntcn Be:J.c:--Jrev6 10 or thIS Agreement) (e) If Purchaser ha vmg proceeded dIlIgently \vIth the Project Appl1catlOns has not receIVed Final Approval at the end or the '\pproval---Period, then Purchaser shall hhve the nght to extend the Approval Penod ror [hree (3 i subsequent penods of one (l) month each (each such penoe bemg "an l;:xtenSlOTI Pe:J.od ') bv gl vmg wn~.Ge-ef~uch electlon pnor to the explratlOn Qf the ApprOVal Penod (as the same mav have already been extended; If Purchaser shall !Zlve such notIce to Seller the ADProval Penod shall be extended for a Denoe '- .L .... J- of one (1.) month and both Seller s and Purchaser s nght or teITIllnatlon as set fonh III Secnon 6 (d) hereof shall remam m effect dunng the ExtenslOn Pen ad. exceDt that should Seller or Purchaser exerCIse such n!Zht or teffil..matlon dunn!Z . -- an ExtenslOn Penod, 55 000 00 of the DeposIt dunng the first ExtensIOn Penod. 520 000 00 of the DeposIt dunng the second ExtensIOn Pe:J.od, and S35 000 00 or the DeDosIt dunn!Z the thIrd ExtenSIOn Penod as well as alllllteresr earned on the . - DeDosIt shall be Dald bv Escrow A!Zent to Seller rather than to Purchaser .L. ... -' '- 7 Nonce or Final AVDroval and Closin!Z upon the receIpt by Purchaser or all A~pprovals ( 'Final Approval ) Purchaser shall be reomred to send to Seller and to Escrow A!Zem. wlthm ten ~ ~ ~ (10) days of receIpt of Final Approval a nonce of Final A.ppro\ al and Closmg and the ciosmg shall occur SIxty (.60) davs arter Purch8.ser s forv, ardmg of such notIce At the. tlme or the glvmg or such nonce Purchaser shall also forward to Escrow A!Zent the amount or S 125 000 00 ( the Second DeDoslL ') If Purchaser '- '-.. / shall !aII to rorward such notlce a!ter _~~Celpt or Fmal Appro\ al such notIce shall be deemed gIven and the Second DeposIt shall be deemed Gue and payable to Escrow Agent. In additIon If Purchaser shall not have terrmnated thIS Agreement at the end or the Approval Penod, as the same may be extended herem then Purchaser shall be deemed to have elected to close on thIS transactlOn \vlthout havmg receIved Fmal~pproval and m such Cl!'cnmsrance the ClosmKshaIL9.s:~~~r se\ enty (70) d~; ~_froJnJh~ Qat~~gIl-y:.hlch tne Approval Penod, as the same may - have Deen extended, has expIred. Lnder-suchcITCllmstanc;stheS"econcfb~o-sl( shall be due andpavable totscrO\\ Agent wlthll) ten (10) days. or Jhe s;xpuatwn of the j.~pproval Pen ad, as the same may hay e been extended. 8 RenresentatlOns and Ack.ll.0\vled!Zements (a) Seller represents and \\ arrants to Purchaser that Seller has the full legal rIght pO\ver and authorIt) to execute and Gel.1ver thIS Agreement and all or Seller s Documents to conS..lmmate the transacnons contemplated hereb\ P&S/Gro\ e/Bovnton Beaci"J~ev6 11 and to perform Its oblIgatIOns hereunder (b) Purchaser warrants and represents to Seller that Purchaser has the financIal capabilIty as well as the full legal nght, power and authonty to execute and delIver tills Agreement and all of Purchaser S Documents to consummate the transactIons contemplated hereby and to perform ItS oblIgatIons hereunde: (c') Seller has not entered mto an) contracts subcontracts arrangements hcenses conceSSIOns or other agreemems eIther recorded or unrecorded, wntten or oral, matenally affectmg all or any portIOn of the Real Property (d) To Seller's knowledge there are no (1) eXIstmg or pendmg Improvement hens affectIng the Real Property (11) vIOlatlOns of bUlldmg codes and/or zomng ordmances or other governmental or regulatory laws ordmances regulatIOns orders or reqmrements affectIng the Real ProperTv', (111) eXlstmg pendmg or threatened laWSUIts or appeals of pnor lawsuIts affectmg the Real Property (IV) eXlstmg pendmg or threatened condemnatlOn proceedmgs affectmg the Real Property, or (v) eXlstmg pendmg or t}1.reate:1ed zomng bUlldmg or other moratona, dov,mzonmg petItIons proceedmgs restnctI ve allocatIons or sllmlar matters that could affect Purchaser s use of the Real ProDenv ... . (el Nothmg has been done nor allowed WhICh could cause tOXIC or hazardous matenals or waste to be present on the Real Propei.:y and Seller has no knowledge of any such matenals or waste bemg present on the Real Propern (f) There are no agreements currently m effect whIch restnct the sale of the Real ProDenv, ... " (g) No comrmtments or agreements have been or WIll be maae to anv Q:overnmemal authontv utIlIt\. comDan\. school board. church or other ~ (...;; . ....... ' relIQ:lOus body any homeowners or homeowners' aSSOCIatIOn or any other - ~. ~ orgamzatIon group or mdIvIdual relatmg to the Real Property whIch would Impose an obhgatlOn upon Purchaser to make any contnbutIons or dedIcatIOns of mone) or land to construct, mstall or mamtam any Improvements of a pubhc or pn vate nature on or off the Real Propeny or otherWIse Impose lIabIlity on Purchaser; and P&S/GroveiBovr:ron Be:ch/rev6 12 (h) The representatIOns and warrantIes of Purchaser and Seller set forth m thIS Agreement shall be true, accurate and correct m all matenal respects upon the execunon of thIS Agreement and, as to SectIOns (a) (b) (c) (e) and (g I only shall be deemed to be repeated on ana as of the Closmg Date At all tlmes dunn~ the term of thIS AfU'eement. all of Seller s renresentatIOns warrantIes and '- -. ~ covenants m thIS Agreement shall be true and correct; no representanon or wacanty bv Seller contmned m tills Agreement and no statement delIvered or mformatIOn supplIed to Purchaser pursuant to thIS Agreement comams any untrue statement of a matenal fact or omlts to state a matenal fact necessary m order to make the statements of mformatlon contamed m them or m thIS AfU'eement not ll1ls1eadm~ ~ ~ 9 Admstment to Purchase Pnce (a) Except as otherWIse set forth below the followmg shall be prorated and appornoned as of the close of busmess on the day precedmg the Closmg Date (1) real estate taxes based on the maXImum dIscounted amount of such taxes based on earl;.- payment If the Closmg occurs before the current year S ll1l11age IS fixed and if the current vear S assessment IS avmlable taxes shall be prorated based upon such assessment and the pnor year s rmllage If the current year s assessment IS not avaIlable then taxes WIll be prorated based upon the pnor year s tax Any tax proratIOns based on an estlmate at the request of enher Seller or Purchaser shall be subsequenth readjusted upon the receIpt of the actual tax bIll for the year m whIch Closmg taKes place (b) If at any tlme wlthm thIrty (30) days follo\vmg the Closmg eIther partv dIscovers anv Items whIch should have been mcluded In the adjustment but whIch were oIJl..ltted therefrom, or an) matenal error m the computatIon thereor such Items shall be properly adjusted as of the Closmg wItham mterest thereon (c) CertIfied hens as of the Closmg shall be pmd bv Seller Pendmg hens as of the Closmg shall be assumed by Purchaser proVIded, however, that where the Improvement has been substantIally completed as of the Closmg a pendmg hen shall be conSIdered as cenIfied and Seller shall be charged at Closmg an amount equal to the last estlmate by the pubhc bodv of the assessment for the ImDrovement. 0JorwIthstandm~ the foreQ:olTIQ: however If an . '- -- assessment ror an Improvement shall be pavable (or ma\' be pmd) over one or more years Purchaser WIll assume the oblIganon to pav such assessment from P&S,Grove/Bovnton Be:l.crJrev6 13 and arter the date on WhICh the Closmg occurs The provIsIOns of thIS SectlOn 9(c) shall surVIve for a penod or twelve (12) months rollowmg the Closmg 10 CloSInS! (a) CloslTIS! Date and Place The closmg hereunder (the , Closmg ') shall take place on that busmess day whIch IS SIxty (60) days or the nex: busmess da\ therearter (' the ClosmS! Date ) after Purchaser shall have sem to Seller a 0lotIce or Final Approval and Closmg or pursuam to Secnon 7 hereor sevemv (70) days rrom the date on whIch the Approval Penod, as the same mav have been extended, has expIred. The Closmg shall occur at the orfices or Purchaser s counsel at 100 S.E 2nd Street. Smte 3500 l'ifiarrn Flonda 33131 (b) Seller s Documents At Closmg Seller shall dell' er or cause to be delIvered, the rollowmg Items to Purchaser ("Seller s Documents) (1) a warranty deed (the "Deed) m recordable rorm, whIch Deed shall be erfectne to vest m Purchaser marketable ree SImple tnle to the Real Propen) subject only to the PelTI'.J.tted Excepnons The Deed shall be m the same or SlIIlllar form to the draft form of wa.-rant) deed attacned hereto as ExhIblt C (ll) a 'FIRPTA affidaVIt attestmg to Seller's name address tax Idemrfication number and non-foreIgn status as reqmred by SectIOn 1445 of the Internal Revenue Code and regulatIons (111! an affidaVIt statIng that there have been no Improvements to the Real Propeny ror the mnety (90) day penod 1DllnedIatel.. precedmg the Closmg Date that there are no persons or entItles m possesslOn of all or any portIOn of the Real Propen:- other than Seller and that there are no unrecorded easements or agreements whIch Seller has actual knowledge of an \\ hlch affect tHle to or relate to the Real Provertv ~ .. (IV) a closmg statement (the' Closmg Statement) reflectmg all credns, proratIons and adjustments contemplated hereunder mcludmg the Approval Costs and a credn for the Deposlt and Second DeposIt, (\! an) authontv documents requrred by the Tale Company to eVIdence Seller s authonty to con\ ey the Real Propeny P&S!Grove/Bovntor. Be:lcrJrev6 14 (VI) assIgnments (wHhout representanons or warranty) of all Seller s nght, tItle and lllterest 1ll and to all perrmts conuacts governmental aDDrovals vested nQ:hts Impact fee credns traffic tnps unlItY TI2:hts and anv .... .... "-'.6. ..a... - ,.; other nghts or lllterests of Seller 1ll and to the Real Propert} and (vn) all other documents Seller may reasonably be requued to delIver pursuant to the provISIOns or tills Agreement, or may be reasonably reClUlred to be delIvered from Seller to the Tnle Companv lllcludm2: wnhout .L .a. "" - lnnnanon a gap affidavIt. (c) Purchaser s Documents At Closmg Purchaser shall execute acknowledge and/or delIver as applIcable the follo\vmg nems to Seller (' Purchaser's Documents") (1) the Closmg Statement, (11) the remalllder of the Purchase PrIce m accordance wnh Secnon 3 hereor, as shown on the Closmg Statement and (111! a Secretary s Cernficate eVldencmg Purchaser s authonty to purchase the Real Property and to pay tne Purchase P:1ce and (IV) all other documents Purchaser may reasonably be reqUIred to delIver pursuant to the proVlsIOns or thIS Agreement. (d) Escrow A2:ent At Closmg Escrow Agent shall delIver the Deposn, the Second DeposIt and all mterest ea..med thereon, to Seller (e) Closm2: Expenses Purchaser shall pav all documentary stamp taxes requued to be pard as to the Deed, the cost of recordmg anv correctIve mstrumenrs the ntle msurance prermum applIcable to an owner s polley the cost of an) 'gap mdemmty msurance search fees and exammatIon fees charged by the TItle Compan) all costS of the InspectIon and other due dIlIgence aC!lvmes of Purchaser the cost of recordmg the Deed, and all Purchaser-mcurred survey fees and charges Seller agrees however that anv and all costs mcurred bv Purchaser pursuant to thIS SectIOn lOre) ma\ be mcluded by Purchaser as part of the Approval Costs reImbursed by Seller to Purchaser pursuant to SectIon 6( C) hereof (but shall be subJect to the lmntatIOn on the amount of reimbursement set fonh therem) Purchaser and Seller shall each pa) half of the fees of the Escro\\ Agent, and shall otherWIse be responsIble for theIr respectIve attorneys fees and theIr other closmg costs P&S/Grove/Boynton Be:lcr./rev6 15 11 Overanon of the Real Provertv PDor to ClosmQ" - - Between the Effectlve Date and the Closmg Date Seller shall (a) promptly advIse Purchaser of any ImgatlOn arbltranon or adrrnDlstranve he3IlnQ" before anv Q:ove:::nmental asrencv affecnnsr the Real _ 10"... _ "- Propenv of \\ hlch Seller receIves wntten notIce after the EffectIve Date as well as any othe:- wntten nonce receIved by Seller affectmg the Real Propeny other than those relatmg to the Project ApplIcatIons (b) not take any actlOn whIch would lmparr or adversel) affect the Real Propertv and (C) mamtam the Real Property m substannall) the same COndltlOn as of the EffectIve Date 12 CasualtvfEmment Domam (a) If pnor to Closmg all of the Real Property or any pan thereof IS damaged by casualty or is taken by eIT.unent domam then thIS Agreemenr may be terrmnated by Purchaser at Purchaser s optIOn exercsable by wntten notIce to Seller gIVen no later than five (5) davs after Purchaser IS adVIsed m wnnng b) Seller or the casualty or of the commencement or the errnnent domam proceedmg If Purchaser shall not elect to so termmate thIS Agreement, then Purchaser shall proceed WIth the Closmg and acqmre the Real Property as affected by such casualty or takmg together WIth all msurance proceeds or compensatlon and damages a\\arded or the nght to receIve same WIth respect to the Real Prop en) Seller agrees to aSSIgn to Purchaser at Closmg ItS nghts to such msurance proceeds or compensatlOn and damages and WIll not settle any proceedmgs relatmg to such takmg WIthout Purchaser s pnor wntten consent, (0) If Purchaser shall termmate thIS Agreement pursuant to thIS SectlOn 12 the DepOSIt, and the Second DeposIt (If applIcable) and all mte:::est earned thereon, shall be dell 'v ered to Purchaser and the parues hereto shall be released form all funher obhgauons and haolhnes hereunder except for the SUrvIVmg ObhgatlOns '- ~ P&S/Grove/Bovmon Be:J.ch/rev6 16 13 RemedIes Upon Default of Purchaser If Purchaser shall e-xtend thIS AQ."reement lor one or more ExtensIOn "- Penods but shall termmate thIs Agreement dunng an ExtensIOn Pen ad, then Seller shall have the nght to retam the mterest on the DeposIt as well as a portIon or the Deposlts set rorth m Secuon 6~ e) hereoI and the same shall be ltS sole remedy as full and agreed upon hqUldated damages If Purchase:- 13.115 to termmate thIS AQ."reement dunnQ." the ADcro\- al Penod. as the sa...1TI.e ma). be _ _.....1. . _ extended hereunder, or If Purchaser sna11 obtam Final A..cproval dunn2: the ~ . - Approval Pe:l.od, as the same mav be extended hereunder but shall not be wlllmg, wIthm a penod or SIxty (60) days after the expIranon or the Appro\- a1 Penod, as the same mal be extended hereunder or after the receIpt oT Final Approval, as the case mav be or seventy (10) da) s after the expnatIOn 01 the Approval Penod, as the case mav be to proceed to a Closmg on thIS transacnon then Seller shall have the nght to (1) retam the DeposIt. and proceed agamst Purchaser for the Second DeposIt (but Seller shall only have the nght to proceed agamst Purchaser for the Second DeposIt II Purchaser has obtamed Final Approval and shall thereafter be unwl11mg to proceed to a Closmg wlthm the reqUlred tIme pen ad) and all mterest earned thereon as full and agreed upon hqUldated damages consIderatIOn for the executIon of thIS Agreement and 1D rull settlement of all cl3.1IDS whereupon the parnes hereto shall be relIeved of all obh2:anons hereunder excem Tor the SUrVIVm2: Obh2:anons It be~n2: a2:reed that - .... -. - - ...... the actual dama2:es suffered bv Seller shall be Imcosslble to ascertam and the ~ - ~ payment of the DeposIt and, If applIcable the Second DeposIt, and all mterest earned thereon (plus the Survlvmg Obhganonsl shall be the sole habllItj of Purchaser bv reason of an v default hereunder - - 14 Remedies on Derauh of Seller If for any reason Seller fmls neglects or refuses to perIorm ItS obh2:atlOns under thIS A2:reement. and shall fml to cure anv such CIrcumstance - -' ~ wlthm thIrtv (30) days after receIpt of wntten nonce from Purchaser then Purchaser may as ItS sole remedIes (except as speclficall) herembelow set fonh) enher seeh. speCIfic performance of thIS Agreement or elect to tenrtinate thIS Agreement and receIve a return of the DeposIt, and the Second DeposIt (If applIcable) and all mterest earned thereon \vhereupon each of the parnes shall be relIeved of all further 11abl11ty to the other hereunder except for the SurvIvmg OblIgatIons Purchaser agrees that, except as speCIfically heremoelov.. set forth, the forgomg remedIes shall be the sole and exclus1\ e rem.edies a\ mlable to Purchaser m the event or a default by Seller and Purchaser herebv v, aIves any and all other nghts m equny or at law whIch It rrught othenVlse have agamst P&S/Grove/Bovmon Be:J.c!-Jrev6 17 Seller mcludmg wIthout lUIlltatIOn the nght to any consequentIal or other damages m connectIon wIth any such default. It IS understood and agreed however that If Seller shall have sold the Real Properry to a thrrd party m VIOlatIon of thIS A2:reemem. and If as a result Purchaser IS unable to obtam the - ' remedv of specIfic performance then Purchaser shall have the funher remedv of a clarm for damages agarnst Seller In such crrcumstance the damages shall be lUIllted to the sum of the followmg (1) the actual thrrd party costs and expenses Incurred bv Purchaser that relate drrectly to thlS Agreement and the project contemplated herem and (ll! nmery percent (90%) of the "Profit" as heremafter defined, of the sale pnce of the Real Property to any thrrd partv Profit shall be defined as any and all compensanon receIved by the Seller m excess of the Purchase Pnce, whether such compensatIOn IS m the form of cash, stock., Jomt venture mterests parmershlp mterests exchange for other assets or property or the proIIl1se for present or future conslderanon, partICIpatIon or compensatIOn of anv kmd .. . 15 Attornevs Fees Subject only to SectIOn 10 (e) hereof Seller and Purchaser shall each be responsIble for theIr own attorneys fees relanng to the performance of theIr respecn ve obhganons under thIS Agreement. Ho\\ ever In the e\ ent that eIther party hereto shall default m the performance of any of the terms and condItIOns of thIS Agreement, the prevarlmg pany shall be entItled to recover all costs charges and expenses of damages or enforcement, as the case may be mcludmg reasonable attorneys' fees and paralegals fees through all appeals 16 \Valver Except as otherWIse proVIded herem the farlure of Seller or Purchaser to mSlst upon or enforce any of therr respectIve nghts hereunder shall not constItute 2. warver thereof 17 Broker (a) Purchaser represents and warrants to Seller that Purchaser has not dealt wIth an) real estate broker firm or person m connectIon WIth the transactlons contemplated under thIS Agreement other than BIll Robmson of 1st CSA of ?vlargate Inc ('Purchaser s Broker) and Ben Freehof of Coldwell Banker CommerCIal Brenner Real Estate Group 2255 Glades Road, SuIte 421A Boca Raton Flonda 33431 (' Seller s Broler ) nor has Purchaser been mtroduced to the Real Property or to Selle:::- by any real estate bro!\..er firm or P&S/Grove/Bovmor. Be:.crJrev6 18 person other than Purchaser's Broker and Seller s Broker Purchaser does herebv a2:ree to mdemmfv and save Seller harmless from and a2:amst anv and all ~ -.. - ., clmms suns demands or lIabIlItIes of any land or nature whatsoever (mcludmg but not hrrnted to all reasonable attornevs fees) ansmg out of the breach bv Purchaser of the fore 2: o III 2: representatIOn or warra.TJ.t"\ Seller represents and ""- - ... .1_ warrants to Purchaser that Selle.:- has not dealt WIth any real estate broker fiDl or person other than Purchaser s Broker and Seller s Broker m connectIon WIth the transactlons contemplated under thIS Agreement nor has Seller been mtroduced to Purchaser by any real estate broker fIrm or other person other than Purchaser s Broker and Seller s Broker Seller does hereby agree to mdemmry and save Purchaser harmless from and agamst any and all clmms smts demands or lIabIhtIes of any kInd or nature whatsoever (mc1umng but not lnmted to all reasonable attorneys rees) ansmg out or the breach by Seller or the fore2:o1TI2: reoresentatIOn and wa...."'Tantv - _ ..L .. (b) If the transactIon contemplated bv thIS Agreement closes In accordance wnh the terms condItIOns and prOVIsIOns of thIS Agreement then Seller agrees to pay at Closmg a real eSTate COIII1I'>lSSlOn to Seller s Broker pursuant to a separate agreement (the' Seller s CorrumssIOn Agreement") entered mto between Seller and Seller s Broker and Purchaser agrees to pay at Closmg a real estate comrmSSIOn to Purchaser s Brok.er pursuant to a separate agreement (' the Purchaser' s Cormmss~on Agreement ') entered mto be!:\.\ een Purchaser and Purchaser s Broker Notwnhstandmg anythmg to the contrarv In the ComrrusslOn Agreement. (1) the corrumssIOn WIll be earned and due payable onh m the event Closmg occurs m accordance wnh thIS Agreement. WIll be pmd soleI v out or the proceeds or Closmg and WIll not be due If the transactIon set ronh m thIS Agreement shall rml to close for any reason mc1udmg WIthout lllT'>ltatIon a default by Purchaser or Seller hereunder and (ll) Ir Purchaser shall default under the Agreement and Seller shall retmn the DepOSIt, and (lr applicable) the Second DeposIt based on such derault, neHher Seller or Purchaser WIll be oblIgated to pay an) portIon or the DepOSIt, or the Second DeposIt, or to make any other payment, to Seller s Broke:- or Purchaser s Broker Seller s Broker and Purchaser's Broker acknovv'ledge that the foregomg represents the prOVISIons for the full amount of comrmSSlons and dues due them ansmg out of the transactIOn contemplated by thIS Agreement. Purchaser s Broker agrees to look solel;.- to Purchaser for pavment of all COID....1JllSSlOnS and fees anSIn2: om of the transactIOn J ~ contemplated bv thIS A2:reemem and releases the Seller and Seller s Broker . ~ - from any oblIgatIOn to pay It any COIIl..1JllSSIOnS or fees ansIng out of the transactIOn contemplated b;.- thIS Agreement. The prOVISlOTIS of thIS SectIOn 17 shall surVIve the Closm2: or the temunatIOn of thIS ,j....2:reement. ~ ~ P&S/Grove/Bovnton Be:J.chirev6 19 18 Rl2:hts and Obh2:atlons of Escrow A2:ent If there IS any dIspute as to whether the Escrm.v Agent IS oblIgated to deliver anv momes whIch It holds pursuant to thIS Agreement (collectlvelv the .,I ... -,- "Escrow Funds ') or as to whom any Escrow Funds are to be delIvered, the Escrow A2:ent shall not be oblI!Zated to make anv delIverv but. m such event. '- - - -' ' mav hold same unnl receIpt bv the Escrow Agent of an authonzatlOn, m wTInng SIgned by all of the palileS havmg a.T1 mterest m such dIspute drrecnng the dlSpOSltlOn of same or m the absence of such authonzatIOn, the Escrow Agent mav hold any Escrow Funds untIl the final determmanon of the n2:hts of the ., ~ ;,.- parnes m an appropnate proceedmg \Vrrhm three (3) busmess days after receipt b) the EsCL"o\v Agent of a copy of a final Judgment or order of a coun of competent Junsdlcnon certIfied by the clerk of such coun or other appropnare offiClal the Escrow Funds shall be delIvered as set forth m such Judgment or order A Judgment or order under thIS Ag:.-eement shall not be deemed to be final untIl the tIme wlthm whIch to take an appeal therefrom has explIed and no appeal has been taken or unnl the entry of a Judgment or order from whIch no appeal may be taken If such wntten authonzatlOn IS not gIVen or proceedmg for such determmanon IS not be2:un and dIh2:entlv contmued. the Escrow A2:ent ma\ - -"" ' -.. but IS not reqUlred to bnng an appropnate actIOn or proceedmg for leave to deposIt the Escro\v Funds m court, pendmg such deternunatlOD The Escro\\ Agent shall not be responSIble for any acts or ormSSlOns except for Its gross ne!Zhgence and WIllful rmsconduct. and UDon mmn2: delIvery of the Escrow _ _ '..L. _ - Funds whIch the Escrow Agent holds m accordance WIth the terms of thIS Agreement. the Escrow Agent shall have absolutelv no further lIabllnv '-'" _ ~ J hereunder The Escrow Agent shall have no habllny for any loss resultmg from finanCIal or other fallure of the finanCIal mstltutlOn mto \\ hlch the Escrow Funds IS deposned. The Escrow Agent shall be entItled to rely upon and shall be fully protected from all habIIIty loss cost, damage or expense m actmg pursuant to any mstructIOn order Judgment, cernficatIOn affidavIt, demand, nonce opmIOll mstrument or other wntmg delIvered to It hereunde-::- WIthout bemg reqUlred to deterrmne the authentICIty of such document, the correctness of any fact stated therem the propnety of the serVIce thereof or the capacny Idennty or amhonty of any party purportmg to SIgn or dehver such document. The non-prevmlmg pany as between Seller and Purchaser shall and does hereby agree to mdemmfy and hold the Escrow Agent harmless from any and all damages or losses fulsmg hereunder or m connectIOn herewnh mcludmg but not hrmted to all costs and expenses mcurred by the Escrow Agent m connectIOn WIth the filmg of such actIon mcludm2: but not hrmted to reasonable attornevs fees for the Escro\\ ~ . Agent s attornevs It IS a2:reed that Escrow A2:ent shall not be dIsabled or - ~ - ""- dIsqualIfied from representmg Seller m connection WIth thIS Agreement b) VlIme P&S/Grove/Boymon Be:lchirevo 20 of the fact that the Escrow Agent has agreed to act as the Escrow Agent hereunder and Purchaser does herebv Walve anv clalm ansmsr out of or m . . ~ connectlOn wIth the foregomg The prOVlSlOns of tills SectlOn 18 shall surVIVe the closmg or the terrmnauon of thIS Agreement. 19 Bmdmf! Effect. Draft unexecuted comes of thIS Asrreement are snrmly to be ref!arded ;. '-' J.. ' _ as proposals advanced bv Seller or Purchaser but shall not be deemed to create bmdmg obl1gatlOns on the part of enher party hereto The partIes hereto mtend to be bound only upon the exeCU!lon and delIvery of a document executed by both of them. Once thIS Af!reement has been so executed and delIvered. then thIS ~ . Agreement shall be bmmng upon, shall mure to the benefit of and shall be enforceable bv the parnes hereto and thelT respecuve heIrs personal representauves successors and perrr.utted aSSIgns 20 Governmf! La\\ ThIS Af!reement shall be sroverned bv and construed under and m ~ ~. accordance With the l:lwS of the Stare of Flonda. 21 InsertlOn of C orrecnons or :-v10dlficanons Typewntren or handwntten prOVISIOns mserted m thIS Agreement or m the exhibits hereto (and Iilltlaled by the parnes) shall control all pnnted prOVISIOns m conflIct therewIth ')'"' _L TIme of Essence Time shall be deemed of the essence WIth respect to consurrunanng the transactions contemplated under thIS Agreement on the Closmg Date and With respect to all other oblIgatIons of Purchaser and Seller hereunder ?,-, -.) Counterparts ThIS Agreement may be executed m one or more counterparts each of whIch shall be deemeD. an ongmal but all of whIch shall constlmte one and the same Agreement. P&SiGrove/Boymon Be:lchirevo 21 24 Af!reement not to be Recorded. ThIS Agreement shall not be recorded m any of the publIc records mcludmg wIthout hrmtatIon, m the publIc records of Palm Beach Flonda or of Palm Beach County Flonda. .A..nv attempt to record tills lTIstrument by any person or entIty not actIng on behalf of Seller shall, at Seller s optIon, cause all of the effect of enforcement of any of ItS terms to become null and VOId, and same shall not consnrute constructIve nonce of ItS eXIstence or constltute a cloud on ntle Purchaser hereby mdemnIfies and exonerates Seller from all loss claim, expense lIabIlIty actlOn or demand (mcludmg but not lImIted to reasonable counsel fees and expenses through and mcludmg all appellate proceedmgs) aTlsmg out of or m connectIOn WIth the Improper or unauthonzed recordatlOll of thIS Asrreement or anv memorandum or nonce thereof or any reference hereto bv - ~ ..., Purchaser or any af!ent or renresentatlve of Purchaser m anY recorded document. ~ L ,.,- C ...)aptIOns The captlOns used herem have been mcluded for convemence of reference only and shall not be deemed to yarV the content of thIS Af!reemem or . . ~ llIDlt the prOVIslOns or scope of any sectIOn or paragraph hereof 26 Pronouns All pronouns and any vananons thereof shall be deemed to refer to the masculme, femmllle neuter smgular, plural as the ldentlt: of the person or entIty mav reOUIre . . ~ ')- _/ SeverabIlIty Wherever possIble each prOVIsIOn of thIS Agreement shall be mter.Jreted III snch manner as to be effectIve and valId under annhcable law but L 4 L m the event that any provlSlOn of thIS Agreement shall be prohIbIted by or mvahd under such law such provlSlOn shall be meffectlve to the extent of such prohIbItIon or mvallOuy WIthout lllvahdatmg the remamder of such provlslOn or the remmmnf! nrOVlSlOns of thIS Af!reemem. ~ 4 ~ 28 AssIsrnment. ThIS AlZreemem may not be asslsrned bv Purchaser WItham Seller s - ~ - "" pnor wrItten consent, \VhlCh consent may be wIthheld by Seller m Seller s sole and absolute dlscretlOn Notwnhstandmf! the foref!olTIlZ Purchaser mav aSSlf!TI - - - ",,"- P&S/Grove/Boynton Be::chirev6 22 thIS Asrreemenr. wIthout the pnor wntten consent of Seller to an entltv winch IS -,... . owned or controlled bv Purchaser or WhICh IS owned or controlled by the same entltv whIch owns or controls Purchasei' or whIch IS whollv or substantIally owned by the pnncIpals of Purchaser prOVIded. \ a' such assIgnment IS made no sooner than ten (10) days pnor to the Closmg (b) the assIgnor/Purchaser remalllS Jomtly lIable for all of the oblIganons 2....T1d lIabIlItIes hereunder and (c) the assIgnee/Purchaser assumes m wntIng to be Jomtly lIable for all of the obhgatlOns and habumes hereunder (but the provIsIons of SectIons (b) and (c) shall no longer apply once the Second Deposit has been pald to the Escrow Agent) 29 Merf!er All pnor statements understandmgs lerte:-s of mtent, representatIOns and agreements between the partIes oral or wntten are superseded by and merged m thIS Agreement, whIch alone fully and completely expresses the agreement between them m connectlon WIth thIS transactIon and WhICh IS entered mto after full mvesngatIOn neIther partv relymg upon any statement, understandmg representatlOn or agreement made by the other not embodIed m thIS Agreement. Except as otherWIse expresslY prOVIded herem all of Seller s representatlOns, warrantIes covenants and agreements herem shall merge m the documents and af!reements executed at the Closms: and shall not surVIve the CloslTIsr ~ ~ ~ 30 Date of Pe:-rormance If the date of the performance of any term, prOVISIOn or condmon of thIS Agreement shall happen to fall on other than a Busmess Dav the date for the performance of such term, provlslOn or COndItIOn shall be extended to the next succeedmg BuslTIess Day ImmedIately thereafter occumng 31 Thud PartIes ThIS Agreement shall not be deemed to confer m favor of any thrrd partIes any nghts whatsoever as thud-party beneficlanes the partIes hereto mtendmg bv the provlslOns hereof to confer no such benefits or status 32 Acceptance of the Deed. The acceptance of the Deed by Purchaser shall be deemed to be the full performance and dIscharge of every agreement, oblIganon, and covenant, guaranty representanon or warranty on the part of Seller to be performed Pursuant to the prOVISIons of thIS ';'f!reement m reSDect of the Real ProDert\ ...... .J. ..l. ~ P&SiGrove/BovTIton Be~chirev6 23 except for Survlvmg OblIganons ThIs Sectlon shall surVIve the Closmg 33 Confidentrahtv The terms and COndItIOnS of thIS Agreement and the transacuons contemplated hereby are confidentIal and shall not be corr..mumcated or otherWIse provIded to thlTd parnes (other than the respectIve legal counsel employees finanCIal advIsors Purchaser s mtended lenders Purchaser s partners and thlTd pany contractors who are perforrmng serVIces on or With respect to the Real Propeny) by any party hereto or ItS agents or employees wItham the pnor wntten consent of the other partv 34 NotIces All notlces electlons consents approvals demands obJectlOns requests or other cornmumcanons \\ hlch Seller or Purchaser may be reqmred or desIre to gIVe pursuant to under or bv VIrtue of thIS Agreement must be m wntmg and sent bv (a) cernfied or regIstered maIl remrn recelpt requested. wIth postage prepaId, or (b) telecopler (with receIpt confirmed) or (c) express maIl or COUrIer (next da)- dehver)) addressed as follows Seller' Grove Partners Llrrmed AttTI IYlIchael K. LeWIS 6 Ramland Road Orangeburg NY 10962 T elecopler (914) 359-2640 With a copy maIled as aforeSaId to Geoffrey E Norman EsqUIre Rachstelll Norman & Buchman LLP 1340 Centre Street, SUIte 212 Ne\vton Centre :ivlassachusens 02459 Telecopler (617) 244-2276 Purchaser Cornerstone Group HoldlllgS Inc 2121 Ponce de Leon Boulevard Penthouse Sune #2 Coral Gables Flonda 33134 Attn rvhchael J Getz VIce PreSIdent Telecopler (305) 443-9339 P&SiGrove/Bovnton Be:lchJrev6 24 \tlIth a copv mmled as aforesmd to Leon J \V olfe EsqUIre Berman Wolfe, Rennert, Vogel & Nfandler P A 100 Sout.heast Second Street 35th Floor InternatIonal Place ivflafi1.J., Flonda 33131 T . ("'0-\ ",--. 60"'6 eleCOpler" j ,)):J /:J- :J Seller or Purchaser may deSI!2:nate another addressee or chanf!e ItS address for . ~ ~ notIces and other commumcatIOns hereunder by a notIce gIVen to the other m the manner provIded m thIS Secnon 34 A nonce or other corrunumcanon sent m complIance with the provISIOns of thIS SectlOn shall be deemed gIven and receIved on (I) the thIrd busmess da) followmg the date It IS deposIted m the U S mall or (11) the date It IS receIved by the other party If sent bv express mml telecopler or personal delIver} 35 Ko \tlodlficanon ThIS Agreement constItutes the entlre agreement between the parnes hereto \vnh respect to the transactIOns contemplated hereoy ~o term or prOVISIOn of thIS Agreement may be changed or walved, dIscharged or terrmnated orally but only b:: an mstrument m wfltmg SIgned by the party agalTIst whIch enforcement of the change wmver dIscharge or termmatlon IS sought 36 Radon Gas DIsclosure Radon IS a Datllrallv occumnsr radlOacnve sras that. when It has ~ ~ accumulated In a omldmg m suffiCIent quantmes mav present health nsks to persons \v ho are exposed to It over tIme Levels of radon that exceed federal and stare gmdelmes have been found m bmldmgs m Flonda. AddItIOnal mforrnatIOn regardmg radon and radon testmg may be obtamed from your county publIc health umt. 3' Wa.ver of Jnn Tnal Tr':::E PA.RTIES HERETO DO HEREBY K1"\;'Ovv~GLY VOLul'<lARll..Y D\'TE:-.lIO~.t.,LL Y A~1) IRREvOCABLY W.-\IVE A.;'\f:r RlGHT Ai'\Y" P.l~..~TY LvLA~Y H:\ VE TO A ILK Y TRLt.,L 1:1\ EVERi TURISDICTIOJ\ Il'. ANY ACTIO'i PROCEEDI:-JG OR COl:"1\;TERCLAl1'vl BRO"lGFIT BY EITHER OF THE P.A.RTIES HERETO f\GAINST THE OTHER OF Tl-::.:EIR RESPECTI\! 1:. Sl.TCESSORS OR ASSIG'-rS I~ RESPECT OF A~Y MAITER ARISI~G OUT OF OR D\ CO~~cCTIOl\ ,,'lITH Tf"':rS AGREE::V1E0'T OR A...'-rY P&S/Grove/Boymor. Be::.:hm:v6 '1>:; -...I ~acnste nNorman2uchmnO 61--244-227c re~ 2 :~~~ _0 S~ P J~' OT::-iER DOCl~1ENi EXECl.."TED A.L'\JTI DELIV"ERED BY EITHER PARTY IN CO:N'"NECTION THEREWITrl. IN WITNESS WHEREOF Seller and Purchaser have caused these presents to be executed, all of wmcn has been done of the nme and date shown below ror each pany The partles execunng thIS Agreement herebv represent to the othe:- that they have full and complete authantv to exeCUTe the same on behalf of the ennues fo; whIch they are so ~x.ecutmg ~ SHilled. sealed and delIvered ~ . In the presence of Pl.JR CHASER. CORl".rERSTO:N"E GROlJP HOLDINGS, LN"C T\ ,- I ~ / (/~ .\ I .:J~' //11 ~ _____- _ --<.,..... -v _.L.,.4'...""'?/1,/') ./' / Pnnt Name -...:/,<y ~// l/::::"Je-/t'i.4Z' i ~ ~r) ~ -~~~ p ~t-1 ~bl''"\G! nnt axne J \.... '{'-l ~1"-- v By. ; i , / J-, .- i ~ Y q...Yj)~/j~ /i if r .J. ., I . f i (/ Joroe Lopez ./ e Its Vice Preslde:ilt, Duly Authonzed / /. -;7 I~ /.'./ ~;~'L- /02~~l[7.L nnT Name ;JI Cff-C/...AS TE~OJLC SELL...1:R. GROVE P.AR.Th"ERS LIMITED a Flonda LlIDlted Partnerslup by Grove EquIues Corp., a Flonda corporatIon, ltS general parmer Bv' ~/~ / M1.ch.ael K.. LeW1.S PreSIdent, Duly Authonzed ----=- Its ~,__::J>~ P t N A f e-.....,... 5 - - nn 1 ame '~1-u.-;..... ,1 '.~ 7\.-11-,- - P&SIGrO"elBoyntol", Elc:lChlre:vQ 26 ESCRO\V AG&~'T RACHSTEIN' NOR?vL\l\ & BUCJ-.::MAN LLP executes thIS Agreement solelv for the purpose of acknowleQgmg ItS receIpt of the DeposIt and agrees to hold the DeposIt and Second DeposIt (If applIcable) as provIded m thIS Agreement. RACHSTEIN, NOR.YIP.....~ & BCC:rMA..N LLP Partner BROKERS The undersIgned brokers execute thIS Agreement solely for the purpose of acknowledgmg and consennng to the provISIons of Section 17 of thIS Agreement and confirrrung the amounts manner and method of payment of thelI brokerage COITImlSSlOns as provlded m SaId SectIOn 17 1 ST 1:SA OF MARG D.. TE, INC Bv 0clJOvt-Vl-- BIll Robmson Duly AuthOrIzed COLDWRL BA.'\~ CONTh1ERCIAL BRE:<~AL IjS~GROUP By akJ(t ,? D Bert ~eehof Duly Authonzed P&SlGrove/Boynton Be::.chirev6 'Ii -'-I EXHIBIT A LEGAL DESCRIPTION The parcel of land m Sectlon 33 TownshIp 43 South, Range 43 East Palm Beach County Flonda, bemg more parncularly descnoed as follows Cornmencmg at a pomt on a lme parallel WIth and "'25 000 feet );onh of as measured at nght angles to the South lme of Said Sectlon 33 Said pomt bemg 300 000 feet \Vest of as measured along Said parallellme from the \A/esterlv nght of way lme of State Road no 5 (U S HIghway No 1) Thence North 5 def!rees 27 rmnutes 40 seconds East. Parallel WIth the Said \A/esterlv nf!ht of way '-' -' - - lme of State Road No 5 (D S HIghway No 1) A dIstance of 7840 feet thence ~orth 69 degrees 15 rrnnutes 00 seconds \\t est, a dIstance of 31 47 feet to the pOInt of begmmng" thence connnue North 69 degrees 15 rrunutes 00 seconds Vlest a dIstance of 77 58 feet to a pam! on the arc of a clTcular curve to the nght, \\ hose radms pomt bears North 37 degrees 42 rrnnutes 46 seconds \\ est, from the last descTIbed pomt thence Southerly and \Vesterlv along the arc of saw curve havlTIf! a radms of 75 00 feet and arc dIstance of 10 6- feet South 0 desrrees 12 ~ - rrnnutes 00 seconds East. a dIstance of 37 84 feet thence South 69 denees 15 . ~ Ir,lnutes 00 seconds East, a dIstanCe of 7025 feet, thence North 20 degrees 45 rrnnutes 00 seconds East, a dIstance aT 44 00 feet to the pOlm of begmmng EXHIBIT B RECOMlVIENDED TIyIELINE SCHEDCLE ApplIc:mon De::.dlme Starr Review Comcle:e::i Mee~...":g w/aplJiic:mt - C0C1mC:1t5 Revisior:s lC appiication Lez:l.! Ad for ?&D mee~:nz - - "t'iotice La ?,C~iY OVvne:-s (?&DiCC PH's) P&D MC::LI1g Legal Ad :ar LP 0 Transmj,:.al l:.e:1fillZ LP~';'/CC T-ansml=:a.1 Ee:...-tnz(s I Qc:ooe: 1 1999 i N ove::loe: 1, 1999 ! ~ovemt:e: 4, 1999 I '\icve:n ber 19 199c r Decexcer -4 1999 ! Ncve::1be:- 14 lece ." - 1 "'a.."1sH...;,ir to DCA & revleW age:1c:e~" Bv De::e:nce:- :; ~~ Recerve ORC Trom DCA ! .?eoruary 2000 I Response to ORe Marc:: 2000 , Leg:l.l A . Ior -\c:oo:::on He::!:1~ S% t.,ia.rcj/.4. :ril 1000 I .:-. C I CC p.~ccp ion t-Iear;ng - , i~ :\. ~~,..; :...,0 of Ore:. A 00 2000 ~ ....-.... .- . aprl CC _ ::t.~ Re~ding of Ord. ; .1..prll 2000 1 ~-:Slulr LLT? P... OrcmaI1ce to DCA Aprii/Mav 200e (W'tr::7', ~ ,..... C2:'S of acop:icr: lU C 0' ~ " DCA ~nl\ M;;f june 2000 om p! anc~ .L;e:~:-i:Url2.t:cn --'""I- i i.l VU~ \ 1..-1...; Dece::::ber i d. ] 999 I De::embe: 11 J 999 Dee:::1 be:" 2l... 1990 .. Re'V1ew age:1Cles: Tre2.S..::-e Ccas. R?C, FDOT DEP 2.!:C SF\1;'"\"fD *'" A,a.'ocno'" L:'~"l""j"o<: 'nclllG~~ t~f' TYuTD.:l. :>,.,c~ t'-a. 'R e7,..,'" ',,:7 J. ... ... 'o.J. ...... G......... ....1.::_. ..._ _ .....--.... ........ --";'.1 _........:..'\. _v___:= EXHIBIT C vv ARRASTY DEED Th.l..S :ncen~_=e, ~r~.:i= t;_5 CEo c: 2000, 5e:~.ee~ G=CVE: :-;:'='C:"E=S Ll.-::_te-:::., a ~_c=_c.2.. , . ~ _~_ -:e'::. . . ~G=~:-:e=s-_p, .....,,-. c. ,~ ~ - . .':::''' - -'" - '-- ~:.l..:Jc.J. "C_a::e ,...~ ~\.l5_r25S c:: ~/,.... 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"- ;~~ \/'2.i.La:::le cc!"'si.de::-c':io!"'s to sc..l..C Gr2.rl~c'= , '"' , ,. r;:~"': t _' ,..; ---- q=2r-~e=, ~r= =eCE~p~ wte=eof is here~~ 2c~now_et~e~, hE5 g=2-:ed, ca=q21~ed a~c , ,- r --.....,-- to ~:-: c \.. .- sc._c grar, tee, 2.'-'c. crar''Cee's re_=s - c:: c: --:-. <:::: c.___~;.~_ fo::eve::, tne fCJ..lo~..;_E; c.escri.bec. 12.:-::, <:: ;::'-0 - -... -- - -, _Y.:-r-.-; 2.-.- De2..r'~g -I r ~ ::. ..:.. ~~~ E=-;:r~ COLrt,iJ -, ' =J..O~l.CE., to-,~.;..t * J1G!"2.:ltcrt! 2.::G Hg=a.::t:ee" c..:=e usee :ce:- S..:....2gt_J..a::- or - - p~ L~a~ I -c:: c:._ cor::.e:..:. req-JlreS S'T'~I"'!"'I- "!'_-_1 .::.,; C'F F10F~:D]:'_ CCij"1.rT~ OF F]'~~ =~'J...CE The :c=eqcing in5~r.~~e=t was ack~c~_ecqe~ =efo=e me ~~ ~ ca.y c-= c:: Gr:Jve c f G.=::ve 2000, bv -- - .....- ~- - . .=-res _ce:'.:.:' _~J.~ ~_es Co:::;: a Flcr_cc ccr~crc~~cr, ~~e ge~E=2_ p2=t~e= ~=.=-:r:e.:"'s, a ?~c=_cc i_ill_tee pc=~~e=s~~p C:"'... be::c._: eft ~e c~=~c=a~_Gr 2~d li~~tec pa=~~e=5h_p ~e/s~e _S ~e=5onc_ly k~cwr ~o r:te ,...~ v_ ~~c res ~rcc~cec a d~~ve='s _~c:e~se as , , - _c.e::.:_:...;..ca:'_Cr' (\JC:_~Y s:_~~, Not2..!:"j ?u.c_~.:: Fri"';: \c.!:'.e My CC~~~SS_8- e~~~res N \~~:: ~a==ar."1 Ce~~ ~~c S,...- ,..... --.,.""' L_ .:..A.r:...=-,-,- "2.." ..Zl..!T...L_C~...:ED :.::?~=:: ~...:.1\JL M..:'-=E .... P..~: E::::B.E: F Sw3J~:! -~ '-~ re.s~=J..c-:..;..ors, =sse=v"'c :_=:15 I :J.e'::._:::a.~_cr I --,...; C~ __ c::nc_t_c-:.s cf -=.r----~ - "- - - - -- , !:"~c. -:~e=s '"- r-"" W~....._ , ..~ ,....-"... w........___.-. J-;C , , c._SC.l..Csec: ny a~ acc_=a~e =__ ':' . -::!, arLC ta..<es -~~ ~ ....i_ ~~e c~==e-: je== C~C al_ S~se~Lent Jea=5 TCGETE:E? .'('.; - ~~-: a...._ 'C.": E tere:r~er:-:sl re:-ec:_ :2.mert:5 aT'~C 2.ppurte.....~ance5 tr~ere-:c ""'': -r-- 7""'~ ____a_'::_.....~ cr .,... 2:-'';fw'_se 2.Dpe=:c~l_r'g- TO E~V= F~D TO hOLD, ~re sa.:r:.e ~ - . S _~;:..:..e ::reve=, F~~ 5c_C g=an~o= c~~~ ~e=e~ =~~_V war=a~~ tre ti~le :0 sa~c lc '"lC, al:c. .. I ""'--- . - . Gerer-.c' t:e 5 2.I:"~ e a;2.._ns~ ~ ~~e .l2.:~:__ C_c_Ins c-,-_ ce=50rs wnc~sceve= Ir W_tness W~e=eo=, Crc~~~~ ~2S ~e=e~~tc se~ ;=a~~O=rs ~=~C C. -L C. ~-:::l -'=-- 'C"i.e C2. .:' c....._ .f':=-- f~=~~ 2.':: C '\7 e w -:: _ ::: e- S _ qnec., sea.l.ec:. 2."!'""C , , ::e__\te~e::::. ~~ ~ne p=eserce 0: Gro~e Fa=C~=-5 ~_rr_~c~1 ~_O=lC~ i~~~~_:ec ;~=~~e=s-_= 3 :. G::-c'....e ~c;::J._:_e5 Cc=-;. F~c=~dc cC=Dc=a~ior I:5 Ge-e.:-c..l. ?a=t~er ~ , -;: P=.l. n -: Na::-,e ? r .l. r ~ ~, ern e Its ?res_c.e~t l:'~,r-"'" Nc:ne <~ THE CORNERSTONE GROUP September 6, 2000 SENT VIA FEDERAL EXPRESS m ffl U W m tnl. ~FP - ., r ~'1 'I ii'; City of Boynton Beach LUSla Galav Semor Planner 100 E Boynton Beach Blvd. Boynton Beach, Fl 33425-0310 I ~-,- --~-- r 'k ~-~,............ Re: Villa Del Sol - Comments Dear Lusia, Attached please find a survey for the V ilIa Del Sol site, addressmg comments 51 72 (a), and 81 In addition I cam mcludmg the results of the fire flow test which occurred on August 26 2000 (comment 4) Also please find a copy of the letter I sent to the Palm Beach County Impact Fee Coordmator per comment 55 I will keep you posted on their determmatIOn and any correspondence I receive from them m the mterIm. Weare diligently workmg on addressmg the comments I received on August 31, 2000 Blythe mformed me today that she is forwardmg to me the updated set of comments as they ones I received were only prelImmary Should you have any questIOns, or reqUIre further mformatIOn, please feel free to call me "" ery truly yours, THE CORNERSTO~-'JROUP t~ - ! ,-- By' Amy Klem Project Manager Encl 2121 Ponce de Leon Boulevard, Penthouse, Coral Gables, Florida 33134, Tel. (305) 443-8288, Fax: (305) 443-9339 <~ THE CORNERSTONE GROUP September 5,2000 Palm Beach County Impact Fee CoordInator 100 AustralIan A venue West Palm Beach, FI. 33406 RE. VIlla Del Sol - Located at Old DIxie Highway and Federal Highway m Boynton Beach. Clubhouse Impact fees. Dear Slr/Madam, As the developer who has the above mentIOned project under contract to buIld 312 multI- family apartments, I have been asked by the City of Boynton Beach to submIt to you a letter requestmg the impact fees for a I-story clubhouse whIch will be located on site The clubhouse wIll be approxImately 4 166 square feet, whIch Includes a 730 foot loggIa. It wIll be restrIcted to the reSIdents of V Ilia Del Sol. The reSIdents are not reqUIred to cross any major roads or thoroughfares to gaIn access to the clubhouse. The clubhouse wIll reqUIre no additional delIvery There IS a good pOSSIbIlity that 1 or 2 employees, who reSIde out SIde the complex wIll be employed to work m the clubhouse. Please prOVIde me WIth the Impact fee associated WIth the clubhouse and forward a copy of your determmatIon dIrectly to the CIty at 100 E. Boynton Beach Blvd. PO Box 310 Boynton Beach, FI. 33425-0310 AttentIOn LUSIa Galav, semor planner Should you have any questIOns or reqUIre addItIOnal informatIOn, please feel free to contact m P ~' ,~ STATE 0 f-i{J-n COUNTY OF t..U..klLU-f)~tj State of Flonda at Large Name Amy Klem CommISSIOn No CC 925188 2121 Ponce de Leon Boulevard, Penthouse, Coral Gables, Florida 33134, Tel. (305) 443-8288, Fax: (305) 443-9339 S'~ S'ead '9tte ~e4e<<e FLOW TEST Company' The Cornerstone Group Request Date 8/22/00 Requested From Amy Klein Telephone Number" 305-443-8288 x236 Facsimile Number' 305-443-9339 2121 Ponce De Leon Blvd PH II Coral Gables, FL 33134 Location Old Dixie Highway & South Federal Highway * DIAGRAM * (Include direction street names hydrant locations, intersections and main sizes) r H#O 5 0 U T H F E D E R A L H W Y N Old Dixie Highway Residual Reading 56 psi Hydrant 1 Hydrant 2 Static Reading 60 psi Flow Reading 44 psi = 1116 gpm T est Date 8/26/00 Assign Date 8/26/00 Tested By' FF III Woznick Time Tested 1400 hours AVAILABLE GPM AT 20 PSI RESIDUAL 3,876 gpm Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD POBOX 310 BOYNTON BEACH, FLORIDA 33425-0310 FAX. (561) 742-6259 PLANNING AND ZONING DIVISION to: Amy Kherv'The Cornerstone Group fax #. 305-443-9339 date: September 6, 2000 from. LUSla Galav, Senior Planner re: Villa Del Sol 1 st Review Comments Please find attached the first revIew comments for your project. To stay on the current review schedule, please do the followmg steps listed below, and brmg all documents to the TRC scheduled for September 19, 2000 1 RevIse your plans mcorporatmg all comments lIsted herem, mc1udmg the addItIon of notes on plans to confirm response to general statements/ comments, and bnng 10 copIes to the TRC reVIew meetmg (full sets mc1udmg all pages ongmally submItted), 2 SubmIt the addItional mformatIOn as requested wlthm the attached comments, (i.e traffic analysIs, engmeenng certificatIOn, etc ) 3 Prepare a wntten response (7 copIes) conslstmg of a lIst bnefly summanzmg how each comment has been addressed on the revIsed plans or WIth the supplemental mformatIOn mc1udmg locatIOn on the plans ( thIS promotes an expedItIouS 2nd reVIew by staff and your project representatIves dunng the TRC meetmg ),and 4 SubmIt reductIOns (8 12 X 11) for the proposed SIte plans, elevatIOns and landscapmg plan (thIS IS reqUIred for the final report and publIc presentatIon) Planning and Zoning DiviSion City of Boynton Beach Boynton Beach, Florida 33425 The applIcant should not attend a TRC (2nd reVIew) until all documents have been revIsed and copIed for staff reVIew If plans WIll not be fully revIsed and brought to 742-6260 Fax: 742-6259 the scheduled TRC meetmg, contact LUSIa Galav m thIS office by the Thursday pnor to the scheduled meetmg date. Projects devIatmg from the ongmal schedule are elIgible for reVIew at subsequent meetmgs, whIch are held every Tuesday To reschedule, contact Blythe WillIamson, at 742-6265 by the Thursday pnor to the Tuesday TRC meetmg that you deSIre to attend. The remamder of the reVIew schedule WIll be adjusted accordmgly If you have questIOns on the attached comments, please contact the respectIve reVIewer usmg the attached lIst of TRC representatIves. If the plans are reasonably complete and all sIgmficant comments are addressed followmg TRC (2nd reVIew), the project IS forwarded to the Plannmg and Development Board Meetmg that falls approxImately 2 to 3 weeks followmg the TRC meetmg. An "*,, by any comment IdentIfies a comment that must be addressed pnor to movmg forward to the Plannmg and Development board. Note Items recognIzed by staff as typIcally outstandmg at thIS pomt mclude a traffic report and/or confirmatIon ofthe traffic concurrency approval from the Palm Beach County dramage certIficatIon by a lIcensed engmeer, SIgned "RIder to SIte Plan ApplIcatIOn" form and colored elevatIOns of the proposed project. ThIS mformatIOn IS necessary for the project to proceed. If you have submItted thIS mformatIOn, please dIsregard thIS note. Engmeenng John GUIdry H. DaVId Kelly Jr BUIldmg Don Johnson Mike Haag Fire Department Steve Gale Bob Borden PolIce Department Marshall Gage LOUIe ZeItmger/John Huntmgton UtIlItIes John GUIdry H. DaVId Kelley PublIc Works Larry Qumn Mark Lipps Parks & RecreatIOn Barbara Meacham John Wildner F orester/EnvlfonmentalIst Kevm Hallahan Kevm Hallahan Plannmg & Zomng MIchael W Rumpf, LUSIa Galav CHAIRMAN J '\SHRDA T A \Planning\SHARED\ WP\PROJECTS\ Villa Del Sol ('.'WSP)\TRC FAX 1st Review,doc 742-6496 742-6352 742-6602 737-3136 742-6496 742-3208 742-6226 742-6267 742-6260 Galav Lusia From Sent: To Subject: Wildner John Monday August 14 20002:22 PM Galav Lusia FW' Recreation Dedication Account Fee - Villa Del Sol -----Original Message----- From Wildner, John Sent: Wednesday, August 02,2000509 PM To Rumpf, Michael Subject: Recreation Dedication Account Fee - Villa Del Sol The Parks Division has been reviewing the plans for the Villa Del Sol rental community Based on 313 residences @ 015 acres = 470 acres required. Based on 50% credit 2.35 acres would still be required. According to the developer this land cost $218,750 per acre. Following this formula, 2.35 acres X $218750 = $ 513 516 recreation fee Needless to say the developer thinks this amount is extremely high While I would like to get this amount of money the total does seem like a lot considering the number of units, Is this land overpriced? Its not on the water It's next to a railroad tract. Why would anyone want to pay this much money for rental property? In any case the developer wants to know how to appeal the fee, Could you review this situation and let me know your thoughts. John 1 Department of Engineering and Public Works PO. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 www.co palm-beach.fLus . Palm Beach County Board of County Commissioners Maude Ford Lee. Chair Warren H. Newell. Vice Chairman Karen T. Marcus Carol A. Roberts Mary McCarty Burt Aaronson Tony Masilotti County Administrator Robert Weisman An Equal Opportuniry Affirmative Action Employer" @ printed on recycled paper August 15 2000 Mr Michael W Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach FL 34425-0310 RE. Villa Del Sol TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr Rumpf The Palm Beach County Traffic Division has reviewed the traffic study (Received on August 14 2000) for the development project entitled Villa Del Sol. pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code. The project is summarized as follows: Location Municipality Existing Uses Proposed Uses. New Daily Trips Build-out Year' Federal Highway @ Old Dixie Highway Intersection Boynton Beach None 312 DU Apartments 2184 2001 Based on our review the Traffic Division has determined that the project location falls within the coastal residential exception area, and therefore meets the Traffic Performance Standards of Palm Beach County If you have any questions regarding this determination please contact me at 684-4030 Sincerely OFFICE OF THE COUNTY ENGINEER /J/l Masoud Atefi, MSC Sr Engineer - Traffic Division MAjrs cc: Tinter Associates Inc. File. General - TPS - Mun - Traffic Study Review F' \ TRAFFIC\ma\Admin\Approvals\000805.doc DEPARTMENT OF DEVELOPMENT DIvIsIon of PlannIng and ZonIng Building Planning & Zoning Engineering Occupational License Community Redevelopment August 10, 2000 Mr Dan Weisberg, Senior Traffic Engineer Palm Beach County Traffic Division Department of Engineering and Public Works POBox 21229 West Palm Beach, Florida 33416 Re Traffic Study. Villa Del Sol New Site Plan 00-014 Dear Mr~ The enclosed traffic generation statement on the Villa Del Sol site prepared by Tinter Associates, Inc., was received by Planning and Zoning recently for the above-referenced application Please review the enclosed information for conformance with the County's Traffic Performance Standard Ordinance, and provide Michael Haag, Building Code Administrator, and I with your written response If you have questions regarding this matter, please call me at (561) 742-6260 Sincerely, ~4- Michael W Rumpf ;L.-- Director of Planning and Zoning MWR/bw J:ISHRDATAIPlanningISHAREDlWPIPROJECTSlVilla Del Sol (NWSP)ITRAFFIC MEMO.doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6260 FAX: (561) 742-6259