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CORRESPONDENCE i 11/10,2883 89:3B 7724B9~7 I I i i I i ! KRlSPY KREME I . I OF SOUTH FLORIDA, LLC GaE: VITAGL..IAH:) I "AGE e2 ! , i w(\ the 0MUn aat ~ oldie Krispy Kn:ule J)oughnIIt St~ located at 640 w Boynton Beadl B1vd.~ ~BeIeb, PInd.da, do aOinn that we will ~ to the City of BoyntOn ~'J st;ndaRIs. all of., Jand~ that we have bad installed as part of our~~ I j I i ! , i i ! i ! Date: Novmnber 10, 2003 i i ! i i I I i ! ! i I I I I ! i I I I I i I i i 11/07/2003 08:54 7724899897 GENE VITAGLIANO PAGE 02 FRQ1 : EDlCOTT ro....LISIstJIl CBilER F~ N). : ~ 943 .4099 -.~~~~~_.. _..~~ . ._..~ Nov. ~f? 28W 07:s;;;RI Pl KRISPYKREME OF SOUTH FLORIDA, LLC w.-..,.OIdifr-- ,,___1he~"'.""~ 1M. JQQr ..,...upCRY _.. ~...ewll ~it witb......... as"" 0riIiGIl AfIItO'.W14 T V" r .",. ft=. ..... >>- ~" zocn you........totIU ~ ~i~ *'~ v 629 NW 1- Ave. Boy.- BaciI, IlL _~hI41(J.$ <.;?~ ~._~ ~~-~ O)~:-lD-= II' . -M.~- - -......... . ...........-. 11/87/2003 16:49 7724899897 GENE VITAGLIANO KRISPY KREME OF SOUTH FLORIDA, LLC To Whom it May Concern: I, Mrs. Baptiste, of629 NW 1'- A~ Boynton Beach Florida, did indeed remove the trees and shrubs that belong to Krispy Kreme Dougbnuts and are Jorated at my West property line. I am very happy without those plants and would desire that th6y not be replanted. Thank you Date: Iki/ 7~l23 ~ Mrs.' e , 629NW 1- Ave Boynton Beach, Florida PAGE 02 11-03-2003 09:09am Frar-SHAKMAN +5617508511 T-578 P.002/002 F-379 October 28, 2003 I, Mark Roberts, do aooept the condition of my property now that Ute Knspy Kteme Store on Soynton Beach BouIeVaJd. Boynton Beach, Florida is complete. Roberts 650 Boynton ~.ch Blvd, Boynton BeaCh, 190J1da Gee & Jenson (f)'Gee & Jenson ''''_.'~ ... .. ~....'. .~ A Division of CH2M HILL One Harvard Circle A Division of CH2MHILL West Palm Beach, FL 33409.1923 Tel 561.515.6500 J: Fax 561.515.6502 25 AUgus;;6003 r\z-D t\ '. Kevin Hallahan, City Forester City of Boynton Beach Planning and Zoning Department 100 Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Krispy Kreme /Boynton Beach Dear Mr Hallahan: This letter is to serve as formal request for a plant material species substitution to the above mentioned project's landscape plans. Our office would like to modify the plant list to include Gumbo Limbo - Bursera simaruba (16- OA ill, 4' CT, 3 inch Cal. @ 4.5 feet) as a replacement for Black Ironwood (Krugiodendron ferrum), and Golden Shower - Cassia fistula (12' OA HT, 4' CT, 3 inch Cal. @ 4.5 feet) for Cassia Tree (Senna saurattensis). The remainder of the plant list is to remain as approved. I respectfully request written verification from your office approving the above-mentioned revisions. If you should have any questions please do not hesitate to contact me at (561) 515-6641. Sincerely, ~~ 10' Scott Barber, RLA LA-0001660 Project Manager 174880 5'cA1j ~~ ~ W''''='':_~T=S=-''d<< ~. r~~ ia-f~ w~~ ~ ~ Vu. r _._.~ '"\ r~ Ir\ If: n f'il [I' -'\ ; .,' I " ~n ,! r ~ I ' 1 ;: r-; . r-.-.... .-- . ...._.. ...-- ..... r: .. f ' ~ . . ' ~ . J. ,:.....,. , , , . ~ g ';}'s .CJ3 Au~ 13 03 08:38a Gee L Jenson E-A-P,Inc. 5Ei 151 ~;6502 I" 1 Gee &.... lIOn ~ Gee & Jenson ... c:'c".":,_..,,"",4.~~,,.,L_.... "',,,,. ITir' L),. _'~ A Division of CH2MHILl A Divi.io'l of C~ 2M HILI One Halv lid Cite e Was. Pelr : Beact. F' ;.3: ".1'. ' Tel f 61. j. !;.6500 Fax i61.S ! 5.650: August 12, 2003 Kevin Hallahan, City Forester City of Boynton Beach Planning and Zoning Department 100 Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Krispy Kreme /Boynton Beach Dear Mr Hallahan: This letter is to serve as fonnal request for a plant material species su.bstimtion to thE a:) :ve mentioned project's landscape plans. Our office would lii<e to modify the I,lan: list tJ ir dud~ Gumbo Limbo - Bursera simaruba (16- OA lIT, 4' CT, 3 inch Cal. @ 4.5 feel) as a r~pl, l':emer: for Black Ironwood (Krugiodendron ferrum), and Golden Showe:r - Cassia:istula (tr (A HI, 4' CT, 3 inch Cal. @ 4.5 feet) for Cassia Tree (Senna sau:'attensis). The :e'nai lder c,f It e ph.nl list is to remain as approved. I respectfully request written verification fIOtll your OffiCf approving the above-mentioned revi~ions. If you should have any questions please do not hesitate to contact: mf: at (Sf 1: :j 15-6641 Sincerely, ~( ---.... (~= Scott Barber, RLA LA-OOO 1660 Project Manager 174880 W:\l74880\Admio\LtcK8vin Hallahan... Tree Su"'titutioD_8.1 2-03..sp.doc 'Au~ 21 03 08:40a Gee ~ Jenson E-A-P,Inc. 5615!.56502 1"' l CH2MHILl FAX West Palm Beach T(ll (6El) 615~4t F8lC (561) 515-6E02 To: Ed Breese From: Scott Ba rt er Company: City of Boynton Planning Date: Augus'; 21 , 2003 Fax No.: 742-6259 Total Pages: 2 Voice No.: Message: Please find the attached letter to Kevin Hallahan requesting plan: species substituthn for Krispy Kreme. PIM~ t!Alllf nAnPtl Ar'd1 miee:inn ....rlflAftlkl"".n... ;.c' '_II ."'_~.,_ ......1_ ._... ;_ __...._.. 'Au~ 21 03 OB:40a Gee L Jenson E-A-P,Inc. 5615156502 ~ r'. 2 /~)~ A Gee & Jenson .--.,,~_. .. I.IL~. ~i'll.jY A Division of CH2MHILJ. 1__=--:: 1;'\ '\ '; ~ - . . ._'. "', : Il._\' .i.~ '._n t! \\ t. ,. \ '. ,\ ! 1___, \ ~(-i::::lt.'-~ --,I! j / L "----.:~ -.--.. ..t=. ./ 1 ~L - ~2-S-i Gee. JI<IGn A Dlvlslo" of CH2U HILL One Harvi,rd Circ'Q Wesl Palrrl8eacr, FL <l3C:)9.1'~ l Tel f61.5~ 5.&500 Fell18U ! ~6SO:: August 12, 2003 Kevin Hallahan, City Forester City of Boynton Beach 11lanning and Zoning Department ] 00 Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Krispy Kreme /Boynton Beach Dear Mr Hallahan: This letter is to serve as formal request for a plant material species substitution to the above mentioned project's landscape plans. Our office would like to modify th~ plzJlt list to irclude Gumbo Limbo - Bursera simaroba (16- OA Hr, 4' CT, 3 inch Cal. @ 4.~; h:t) as a repl:lcement for Black Ironwood (Krugiodendron ferrum), and Golden Shower - Cassia fistula (12' OA HT, 4' CT,3 inch Cal. @ 4.5 feet) for Cassia Tree (Senna saurattensis). The re:nainder of the plan1: list is to remain as approved. I respectfully request written verification from your office approving the above-mentioned revi:;ions. }J you should have any questions please do not hesitate to contact me at (561) 515-6541. ~)incerely, c:~--- Scott Barber, RLA :LA-0001660 Project Manager 174880 W;\1748l1CMd11liu\Ltr.JCeviD HaIlabu...Tnle SubtlitullOO""...12-G3JP.dOC ~ DEF",,~RTMENT OF DEVELOpr~...:NT Planning and Zoning Division Memorandum PZ 02-247 DATE: RE: Scott Barber, Gee & ~en!son Lusia Galav, AICP '. Principal Planner November 4, 200 Krispy Kreme COUS 01-005 TO: FROM: Please be advised that site plan approval for the above referenced project will expire on January 2, 2003. The City Commission granted site plan approval on January 2, 2002. To date, no building permit has been issued for this project. A building permit must be secured within one year of site plan approval in order to maintain the vested status. The Land Development Regulations Chapter 4, Section 5, provides for a one-year extension for site plan approval if the application is submitted before the expiration date. Please call the Planning and Zoning Division at (561) 742-6260 for more information regarding the site plan time extension procedure. DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION - ~~ --. o Building 0 Planning & Zoning . Occupational Licenses 0 Community Redevelopment February 19, 2002 Mr. Scott Barber Gee & Jenson One Harvard Circle West Palm Beach, Florida 33409 RE: File No.: Location: Krispy Kreme CaDS 01-005 Between NW 1 5t Avenue and Boynton Beach Boulevard (SR 804) approximately 1500 feet east of NW ih Street, opposite the intersection of Boynton Beach Boulevard and West Industrial Avenue Dear Mr. Barber: Enclosed is the City of Boynton Beach Development Order for new site plan/conditional use approval granted on January 2, 2002, by the City Commission. Please be infom1ed that once the ordinances for reclassification and rezoning are in effect, this project may continue through the development process, by submitting as part of the permit application all relevant pages of your approved site plan to incorporate all conditions of approval as applicable. The full-rectified site plan set is to be submitted as part of your pennit plan package to the Building Division. The person managing your permit applications should be made aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable development order conditions in the submitted rectified plan set may produce unnecessary delays in permit issuance. Feel free to contact any TRC member for additional clarification of comments( s). Important: If you plan to introduce any changes to your approved site plan over and above those required by conditions of approval, please contact our staff before submitting a permit package to the Building Division. All iJ1od~fications to the site plan must be evaluated by our staff and processed according~v. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ----)1 / ~. f L-Ir<.-...' Michael W. Rumpf Director of Planning & Zoning MWRljdc S:\Planning\SHARED\WP\PROJECTS\krispy kreme\Dev Order Site Plan Approval LelteLdoc City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 . www.cLboynton-beach.f1.us ,_J < CITY OF BOYNTON BEACH DEPARTMENT OF PUBLIC WORKS Engineering Division August 21,2002 Mr. Scott Philips Gee & Jenson (A Division of CH2M Hill) One Harvard Circle West Palm Beach, Florida 33409-1923 .I f "( ':., ,<4 I/,! .., "'... /' RE: Request for Waiver - Sidewalk Krispy Kreme - NW 1st Avenue Dear Mr. Philips: Pursuant to the Development Order for the Boynton Beach Boulevard Krispy Kreme, dated January 2,2002, and approved by the City of Boynton Beach Commission, your request for waiver of sidewalk requirements is granted along the project's south property line. However, the repair/replacement of the sidewalk along West Boynton Beach Boulevard is still your responsibility. Attached please find a "Permit to Construct Within the Public Right-of-Way" package. Please complete and return to this office for further processing. If you have additional questions or need additional information, please feel free to contact Laurinda Logan, PE at (561) 742-6482. Sincerely, . . \ /. /' , --./', </..\. l 'I 1. ' L~' ({ {[r-r',~_ . I \ H. David Kelley, Jr,.:, P\E./P.S~IY1.. City Engineer HDK:LL/ck XC: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) Laurinda Logan, P.E., Senior Engineer, Public Works/Engineering (via e-mail) Michael Rumpf, Director, Planning & Zoning Don Johnson, Building Official, Department of Development Ken Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File America's Gateway to the Gulfstream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 742-6480 Fax: (561) 742-6285 .", DEPARTMENT OF DEVELOPMENT Planning and Zoning Division Memorandum PZ 02-011 TO: FROM: DATE: RE: CC: Ken Hall, Engineering Plans Analyst Michael Rumpf, Director of Planning & ZOningfl1~;e.., January 16, 2002 Krispy Kreme COUS 01-005 Laurinda Logan, P.E. Additional Comments from City Commission January 2. 2002 Board Meetinq Listed below are additional conditions regarding Krispy Kreme Conditional Use/Site Plan of which you should be informed. Please review for compliance at time of building permit. Also refer to the Conditions of Approval under City Commission comments. 1. Site lighting fixtures shall be of a type and height to prevent spillage into adjacent residential area. Provide lighting details including photometric to confirm same. 2. Move speaker/menu board back along stacking path so that distance between residential areas is maximized and speaker orientation is away from residential neighborhood yet providing sufficient stacking space. 3. Eliminate from plan, sidewalk along rear (South) property line and replace with additional landscaping (trees, hedge, ground cover, etc.) to meet at minimum the barrier landscape section of the Landscape Code, Chapter 7.5, Article 11, Section 3B, 3b. p.8, to the satisfaction of staff. 4. Applicant shall request sidewalk waiver, 5. Applicant shall request from Engineering, permits for landscaping to be provided in right-of- way to be installed and maintained by applicant (as described in item #3 above). S:\Planning\SHARED\WP\PROJECTS\krispy kreme\COUS\Memo to Engineering Addl Comments.doc FACSIMILE CIT) OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning TO: Michael Weiner/Jason Mankoff FAX: 272-6831 FROM: Dick Hudson DATE: December 31,2001 NUMBER OF PAGES: (including cover) 2 RE: Krispy Kreme Issues/Questions I have received questions from the City Commission via phone at home that will need to be addressed by staff and the petitioner on Wednesday night as follows: 1. Number of employees on duty at a particular shift compared with available on-site parking. How is this being handled? Based on the petitioner's comment that there will be approximately 90 employees spread over three shifts, how many are expected to be on-site for each shift? Given a 24/7 operation there is concern for on-site parking when one shift comes on duty and the prior is leaving. This can account for over 40 employees to be present on site for a short period of time at shift change. There are approximately 45 plus 3 handicapped parking spaces on-site. There is a concern that staff will park on the residential area ofNW 1 st Avenue and walk to the business premises. What are the logistics of the staff parking? Is the petitioner amenable to the City placing parking restrictions on the residential areas south of the restaurant? The landscaping plan shows an access point from the site to NW 1 St Ave. 2. The petitioner was reported as saying that the business plan is to prepare baked product that would be packaged for sale at other stores such as Publix. Is that true? If so, first, is the business use of as a commercial bakery a permitted use in this district? Second how will the product be loaded for delivery elsewhere? The petitioner neeqs to either clarify if the plan calls for production of baked goods for deliver to other locations or not. If so, the above questions need to be answered. 3. There were several comments at the P&D meeting over the notice for the hearing and the jurisdiction of it for the requested action by the petitioner. The City Attorney's office will need to address this. 4. What are the plans for delivery of baking supplies? Is there restriction of hours? By this I mean, the midnight to 6 AM time period? 5. Where will the speaker be for the drive-up? It looks like it will be located in the NW comer of the building area? Is there anything located along the south wall or portion of the drive-up that includes speakers> Please review these items and be prepared to address them at the public hearing on Wednesday night. If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260. Thank you. AUGUST VULTAGGIO 1501 NW 2nd AVENUE BOCA RATON, FLORIDA 33432 December 31,2001 l ;'~' -~ --.. -.~_. . ; SENT VIA fax 742-6259 & HAND DELIVERED "I [ ! UCG ,> I 2001 i L____ Michael W. Rumph Chairman Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Dear Mr. Rumph: I am a businessman and have worked very hard for 50 years to be able to buy and sell my property. I have always been very honest and fair in my dealings with the city and would expect the people of the city to be fair and honest with me. I did not want to bring this up to the city people until I saw what happened last Wednesday night at the meeting. Enclosed is a copy of an offer to buy my property dated August 2, 200 1 from Mark Roberts. This is for the property that I am selling to KrispyKream. As you know, Mr. Roberts owns the building and property next to our property and is objecting to the proposed plan. Back in July when Mr. Roberts first heard that we had signed an agreement to sell our property to KrispyKream and that our neighbors, Mr. and Mrs. Sentmanat had also signed a contract, both subject to approvals, Mr. Roberts made it clear to people, including Mrs. Sentmanat, that he was going to object to any approval and that he wanted to buy my property. Last Wednesday night, at the meeting Mr. Roberts stood up and objected to the KrispyKream approval as presented. His reasons for objecting are false and self-serving. In my opinion, Mr. Roberts has stirred up certain neighbors who have also objected to this project. My opinion is that he believes that if KrispyKream does not get approved as presented, they will withdraw from the site and that as a result, my family will be forced to sell him our property at a distressed price. He is wrong. In my opinion, and based on what I believe I heard to be your staff's opinion, the adjacent residential property makes the site plan as presented favorable to both the city as well as the neighborhood. By the way, Mr. Robert's office building property had a house on it when he bought the property that he had to tear down. As a property owner in Boynton Beach, I have much confidence that the city officials will not allow certain people who only look out for themselves, to stand in the way of the city's progress and what is ultimately in the best interest of the entire community. Thank you very much. Sincerely, llfI'7)dfrr 1 PARTIES AND DESCRIPTION OF PROPERTY 2* 1. SALE AND PURCHASE: JWJ1:l0NY..MA1:INltlOJllHl.GlUSEPPE VUHAGGlO 3* and RHS~ORPORAT10N. A FLORIDA CORPORATION. and/or auJgns 4 agree to sell and buy on the terms and conditions specified below the property ("Property") described as: 5* Address: VACANT LOT ON SOUTH SIDE OF BOYNTON BEACH BLVD. (640 BOYNTON BEACH BLVD.' 6* Legal Description: SEE A TIACHED EXHIBIT . A. 7* 8* 9* 10* 11* 12* including all improvements and the following additional property: NONE - VACANT LAND 13* 14* Vacant Land Contract FLORIDA ASSOCIA llON OF REAL TORS@ L. ,j I 2UOl I L-- ~..., f'Selie rj f'Buyer") 15 PRICE AND FINANCING 16* 2. PURCHASE PRICE: $ 231b..~ payable by Buyer in U.S. funds as follows: 17* (a) $ .OQ Deposit received (checks are subject to clearance) by 18* for JAMES F. MIllER & ASSOC TRUST ACCT C'Escrow Agent") 19 Signature Name o( Company 20* (b) $ 21 22* (c) 138.000.00 Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage) 23* (d) $ .0l1. Other: 24* (e) $ 8~QJHMJ.Q Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds 25 paid at closing must be paid by locally drawn cashier's check, official check or wired funds. 26* 0 (f) (complete only if purchase price will be determined based on a per unit cost instead of a fixed price) The unit 27* used to determine the purchase price is 0 lot 0 acre 0 square foot 0 other (specify: ) 28* prorating areas of less than a full unit. The purchase price will be $ per unit based on a calculation of 29 total area of the Property as certified to Buyer and Seller by a Florida-licensed surveyor in accordance with Paragraph 30* 8(c) of this Contract. The following rights of way and other areas will be excluded from the calculation: 31* 32* 3. CASH I FINANCING: (Check as applicable) 0 (a) Buyer will pay cash for the Property with no financing contingency. 33* 34* 35* 36 37 38 39 40 41* 42* 43 44 45* 46* 47* 48 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow forms generally 49 accepted in the county where the Property is located; will provide for a late payment fee and acceleration at the 50* BUyer~ ( ) and Seller( ) ( ) acknowledge receipt of a copy of this page, which is Page 1 of 6 Pages. VAC-6 10100 C2000 Florida Association of REALTORS~ All Rights Reserved ~ m This form is licensed for use with Fannul~ Forms Software '13.0 800-336-1027 ==- -..- 4.000.Df1. Additional deposit to be made by Effective Date. , _ or J_ days from K (b) This Contract is contingent on Buyer qualifying and obtaining the commitment(s) or approval(s) specified below (the "Financing") within ~days from Effective Date Qf left blank then Closing Date or 30 days from Effective Date, whichever occurs first). (the "Financing Period"). Buyerwill apply for Financing within -11L days from Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial, and other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the Financing, within the Financing Period, either party may cancel this Contract. Upon cancellation, Buyer will return to Seller all title evidence, surveys and association documents provided by Seller, and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from all interested parties. Buyer will pay all loan expenses, including the lender's title insurance policy. 1K (1) New Financing: Buyer will secure a commitment for new third party financing for $ 138.000.00 or 60 % of the purchase price at the prevailing interest rate and loan costs. Buyer will keep Seller and Broker fully informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose all such information to Seller and Broker. o (2) Seller Financing: Buyer will execute a 0 first 0 second purchase money note and mortgage to Sellerin the amount of $ , bearing annual interest at % and payable as follows: 51 52 53 54 55 56 57* 58* 59* LN# 60* $ 61* (describe) 62* interest rate of % which 0 will 0 will not escalate upon assumption. Any variance in the mortgage will be 63 adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow 64* account dollar for dollar. If the lender disapproves Buyer, or the interest rate upon transfer exceeds % or the 65* assumption/transfer fee exceeds $ , either party may elect to pay the excess, failing which this 66 agreement will terminate and Buyer's deposit(s) will be returned. 67 CLOSING 68 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on or before 69* 3~1hYSl-:! t~r r~~i!pt of unless extended by other provisions of this Contract. If on Closing Date insurance 70 ~ i~~Cls~~Jd?BUyer may postpone closing up to 5 days after the insurance suspension is lifted. 71 5. CLOSING PROCEDURE; COSTS: Closing will take place In the county where the Property is located and may be conducted 72 by electronic means. If title insurance insures Buyerfor title defects arising between the title binder effective date and recording of 73 Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller and brokerage fees to Broker as per Paragraph 74 17. In addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. 75 (a) Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure title; certified, 76* confirmed and ratified special assessment liens; title evidence (if applicable under Paragraph 8); Other: 77* 78 (b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages and recording fees on the deed 79 and financing statements; loan expenses; pending special assessment liens; lender's title policy at the simultaneous 80* issue rate; inspections; survey and sketch; Insurance; Other: 81 (c) Title Evidence and Insurance: Check (1) or (2): 82* ~ (1) Seller will provide a Paragraph 8(a)(1) owner's title insurance commitment as title evidence. ]g Seller 0 Buyer 83* will select the title agent. ~Seller 0 Buyer will pay for the owner's title policy, search, examination and related 84 charges. Each party will pay its own closing fees. 85* 0 (2) Seller will provide title evidence as specified in Paragraph 8(a)(2). 0 Seller 0 Buyer will pay for the owner's title 86 policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and lien 87 search fees, and Buyer will pay fees for title searches after closing Of any), title examination fees and closing fees. 88 (d) Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate 89 taxes, interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for 90 the current year cannot be determined, the previous year's rates will be used with adjustment for any exemptions. 91 (e) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property Tax Act, which may 92 require Seller to provide additional cash at closing if Seller is a "foreign person" as defined by federal law. 93 PROPERTY CONDITION 94 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, with conditions 95 resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the landscaping and 9G grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property's 97 condition without the Buyer's prior written consent. 98 (a) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which 99 flood zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and 100 rebuilding in the event of casualty. 101 (b) Government Regulation: Buyer is advised that changes In government regulations and levels of service which 102 affect Buyer's intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study 103 Period has expired or if Buyer has checked choice (c)(2) below. 104 (c) Inspections: (check (1) or (2) below) . 105* ~ (1) Feasibility Study: Buyer will, at Buyer's expense and within -4Ldays from Effective Date C'Feasibility Study 106* Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for ATTACHED SITE PLAN 107* use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental 108 assessment and any other tests, analyses, surveys and investigations f'lnspectionstl) that Buyer deems necessary to 109 de.!$:"J.jne to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and 110* Buyer~( land Seller( )( ) acknowledge receipt ofa copyofthispage, which is Page 2 of6 Pages. VAc-6 10100 C2000 Florida Association of REALTORSGD All Rights Reserved mortgagee's option if Buyer defall1ts; will give Buyer the right to prepay without ptnalty all or part of the principal at any time(s) with interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous parcels, if applicable; and will require Buyer to keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller to obtain credit, employment and other necessary Information to determine creditworthiness for the financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or not Seller will make the loan. o (3) Mortgage Assumption: Buyer will take title subjectto and assume and pay existing first mortgage to in the approximate amount of $ currently payable at per month including principal, interest, 0 taxes and insurance and having a 0 fixed 0 other This form is licensed for use with FannulatDro Forms Software v3.0 e00-336-1027 111 zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other 112 utilities; consistency with local, state and regional growth management plans; availability of permits, government 113 approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability 114 for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate 115 government agencies. Seller will sign all documents Buyer is required to file in connection with development or 116 rezoning approvals. 117 Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility 118 Study Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and 119 assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless 120 from losses, damages, costs, claims and expenses of any nature, including attorney's fees, expenses and liability 121 incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of 122 any and all Inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a 123 construction lien being filed against the Property without Seller's prior written consent. If this transaction does not 124 close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and 125 return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports 126 and other work generated as a result of the Inspections. 127 Buyer will deliver written notice to Seller prior to the expiration of the Feasibility StUdy Period of Buyer's 128 determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement 129 will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property 130 is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed 131 terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow 132 Agent receives proper authorization from all interested parties. 133* 0 (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being 134 satisfied that either public sewerage and water are available to the Property or the Property will be approved for the 135 installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations 136 and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental 137 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations. 138 (d) Subdivided Lands: If this Contract is for the purChase of subdivided lands, defined by Florida Law as "(a) Any 139 contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, 140 parcels, units, or interests; or (b) Any land, whether contiguous or not, which is divided or proposed to be divided into 141 50 or more lots, parcels, units, or Interests which are offered as a part of a common promotional plan.", Buyer may 142 cancel this Contract for any reason whatsoever for a period of 7 business days from the date on which Buyer executes 143 this Contract. If Buyer elects to cancel within the period provided, all funds or other property paid by Buyer will be 144 refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer. 145 7. RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property is materially damaged by casualty before closing, 146 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings, 147 or if an eminent domain proceeding Is initiated, Seller will promptly inform Buyer. Either party may cancel this Contract 148 by written notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in 149 accordance with this Contract and receive all payments made by the government authority or insurance company, If any. 150 TITLE 151 8. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative 152 or guardian deed as appropriate to Seller's status. 153 (a) Title evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in 154 accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of 155* which prevent Buyer's intended use of the Property as ...usES ALLOWED BYC-2 ZONING: covenants, easements and 156 restrictions of record; matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record if 157 there is no right of entry; current taxes; mortgages that Buyerwill assume; and encumbrances that Seller will discharge at 158 or before closing. Sellerwill, prior to closing, deliver to Buyer Seller's choice of one of the following types of title evidence, 159 which must be generally accepted in the county where the Property is located (specify in Paragraph 5(c) the selected 160 type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County. 161 (1) A title Insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and 162 subject only to title exceptions set forth In this Contract. 163 (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be 164 certified as correct by an existing firm) purporting to be an accurate synopsis of the Instruments affecting title to the 165 Property recorded In the public records of the county where the Property is located and certified to Effective Date. 166 However if such an abstract Is not available to Seller, then a prior owner's title policy acceptable tothe proposed insurer 167 as a base for relssuance of coverage. Seller will pay for copies of all policy exceptions and an update In a format 168 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, 169 together with copies of all documents recited In the prior policy and in the update. If a prior policy Is not available to 170 Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 171 (b) TItle Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt 172 of tl~le e dence but no later than closing, of any defects that make the title unmarketable. Seller will have 30 days from 173* (Buyer) eland Sellere )( lacknowledgerecelptofacopyofthis page, which is Page 3 of 6 Pages. VAC-6 1 00 C2000 Florida Association of REAlTOR@ All Rights Reserved This form is licensed for use with Fa......11ItIIr" Fonns Software v3.0 80Q..336-1 027 174 receipt of Buyer's notice of defects ('Curative Period") to cure the defects at Seller's expense. If Seller cures the 175 defects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on 176 Closing Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to 1 n cure the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from 178 receipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. 179 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written 180 notice to Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property, 181 encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such 182 encroachment or violation will be treated in the same manner as a title defect and Buyer's and Seller's obligations will be 183 determined in accordance with subparagraph (b) above. If any part of the Property lies seaward of the coastal 184 construction control line, Seller will prOvide Buyer with an affidavit or survey as required by law delineating the line's 185 location on the property, unless Buyer waives this requirement in writing. 186 MISCELLANEOUS 187 9. EFFECTIVE DATE; TiME: The "Effective Date" of this Contract is the date on which the last of the parties initials or 188 signs the latest offer. Time Is of the essence for all provisions of this Contract. All time periods expressed as days will 189 be computed In business days (a "business day" is every calendar day except Saturday, Sunday and national legal 190 holidays), except for time periods greater than 60 days, which will be computed in calendar days. If any deadline falls on a 191 Saturday, Sunday or national legal holiday, performance will be due the next business day. All time periods will end at 5:00 192 p.m. local time (meaning in the county where the Property is located) of the appropriate day. 193 10. NOTiCES: All notices will be made to the parties and Broker by mall, personal delivery or electronic media. Buyer's 194 failure to deliver timely written notice to Seller, when such notice Is required by this Contract, regarding any contingencies 195 will renderthat contingency null and void and the Contract will be constnJed as If the contingency did not exist. 196 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage 197 agreements, nopriororpl'8sentagl'8ementswlII bind Buyer, SellerorBrokerunlesslncorporated Into this Contract. 198 Modifications of this Contract will not be binding unless In writing, signed and delivered by the party to be bound. Signatures, 199 initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper 200 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or 201 attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, 202 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 203 12. ASSIGNABILITY; PERSONS BOUND: Buyer may assign this Contract without Seller's written consent. The terms 204 "Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, 205 personal representatives and assigns Of permitted) of Buyer, Seller and Broker. 206 DEFAULT AND DISPUTE RESOLUTiON 207 13. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, 208 Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without 209 waiving the right to seek damages or to seek specific performance as per Paragraph 16. Seller will also be liable to Broker for 210 the full amount ofthe brokerage fee. (b) Buyer Default: If Buyerfails to perform this Contract within the time specified, including 211 timely payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liqUidated 212 damages or to seek specific performance as per Paragraph 16; and Broker will, upon demand, receive 50% of all deposits 213 paid and agreed to be paid (to be split equally among cooperating brokers) up to the full amount of the brokerage fee. 214 14. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claims, and other matters in 215 question arising out of or relating to this transaction or this Contract or Its breach will be settled as follows: 216 (a) DIsputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from 217 the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent 218 will submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the 219 Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. 220 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to 221 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding 222 arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any 223 remedy not provided for In this Contract. The award will be based on the greater weight of the evidence and will 224 state findings of fact and the contractual authority on which it Is based. If the parties agree to use discovery, it will 225 be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related 226 disputes. Any disputes with a real estate licensee named In Paragraph 17 will be submitted to arbitration only If the 227 licensee's broker consents in writing to become a party to the proceeding. This clause will survive Closing. 228 (c) Mediation and Arbitration; Expenses: "Mediation" is a process in which parties attempt to resolve' a dispute by 229 submitting it to an impartial mediator who facilitates the resolution of the dispute but who Is not empowered to Impose a 230 settlement on the parties. Mediation will be In accordance with the rules of the American Arbitration Association ('AAA") 231 or other mediator agreed on by the parties. The parties will equally divide the mediation fee, If any. "Arbitration" is a 232 process in which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose 233 decision is binding on the parties. Arbitration will be In accordance with the rules of the AAA or other arbitrator agreed 234 on by the parties. Each party to any arbitration will pay Its own fees, costs and expenses, Including attorneys' fees. and 235* Buyert") JIB ~\ ( ) and Sellere ) e ) acknowledge receipt of a copy ofthls page, which Is Page 4 of 6 Pages. VAC-6 ~ C2000 Florida Association of REAL TORSGl> All Rights Reserved This form is licensed for use with Farrnullltare Forms Software v3.0 800-336-1027 236 will equally split the arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration 237 award, the prevailing party to the arbitration shall be entitled to recover from the nonprevailing party reasonable 238 attorneys' fees, costs and expenses. 239 ESCROW AGENT AND BROKER 240 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in 241 escrow and, subject to clearance, disburse them upon proper authorization and in accordance with the terms of this 242 Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for 243 misdelivery of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this 244 Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the 245 filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the 246 escrowed funds or equivalent and charged and awarded as court costs in fawr of the prevailing party. All claims 247 against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 248 16. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations 249 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, 250 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, etc.) 251 and for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does not 252 reside in the Property and that all representations (oral, written or otherwise) by Broker are based on Seller 253 representations or public records unless Broker indicates personal verification of the representation. Buyer agrees to rely 254 solely on Seller, professional Inspectors and governmental agencies for verification of the Property condition and facts 255 that materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable 256 attorneys' fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees in connection with 257 or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations. Buyer and Seller hold 258 harmless and release Broker and Broker's officers, directors, agents and employees from all liability for loss or damage 259 based on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations; (2) Broker's performance, at 260 Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, 261 including Broker's referral, recommendation or retention of any vendor; (3) products or services provided by any vendor; 262 and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for selecting and 263 compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of this 264 paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. 265 17. BROKERS: The Iicensee(s) and brokerage(s) named below are collectively referred to as "Broker." Seller and Buyer 266 acknowledgethatthe brokerage(s) named below are the procuring cause of this transaction. Instruction to Closing Agent: 267 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate 268 brokerage agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such 269 fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees 270 as indicated below. 271 DICK LAKE ~LAKE 272 Rul Eslele Ucensee Reel Eslete Ucensee 273* ,--QJ...Q.WEl.J..Jt4JJKEB.kOMM.ERCJAI,.JJBJ 2H' BrokerAJrokerege fee: (Sor "of Purchase Price) 8% CJ:).kQWE..I.J..JMtJK}:~MMERCIAL NRT BrokerAJroi<erage fe.: (S or "of Purch.se Price) .00 275* 276 ADDITIONAL TERMS 277* 18, ADDITIONAL TERMS: 278* 1) THIS CONTRACT IS CONTINGENT UPON BUYER OBTAINING SITE APPROVAL PURSUANT TO SITE PLAN AS ATTACHED 279* EXHIBIT "B". 280* 281* 2) BUYER SHALL USE ALL DUE DIUGENCE TO OBTAIN SITE PLAN APPROVAL AS RAPIDLY AS POSSIBLE. 282* 283* 3) BUYER SHALL NOT BE REQUIRED TO ACCEPT ANY MODIRCATlONS TO SITE PLAN BY GOVERNMENT AGENCY. 284* 285* 286* 287* 288* 289* 290* 291* 292* 293* 294* 295* BUyer,1I11 ~ .. ( ) and Seller{ )( ) acknowledge receipt ofa copy of this page, which is Page 5 of 6 Pages. VAC-6 ~2000 Florida Association of REALTORSQI) All Rights Reserved This form is licensed for use with Fannulat:ar"' Forms Software v3.0 800-336-1027 200* 297* 298* 299* 300* 301* 302* 303* 304* 305* 306* 307* 308* 309* 310* 311* 312* 313* 314* 315* 316* 317* 318* 319* 320* 321* 322 This is intended to be a legally binding contract. If notfully understood,seekthe advice of an attorney prior to signing. 323 OFFER AND ACCEPTANCE 324* (Check If applicable: 0 Buyer received a written real property disclosure statement from Seller before making this Offer.) 325 Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Seller and a 326* copy delivered to Buyer no later than 5:00 0 a.m. ~ p.m. on AUGUST 15. 2001 . this offer will be 327 revoked an Bu er's deposit refunded sUbR'ec oc iic of funds. \ 328* Date: 2.. 0 Buyer: _ ~ ~~t,/)e)t7T 1 Tax ID/SSN: ('5,0 fD'1-? >:3 329* Print name: 8tI$. TlON. r assigns ../ 330. Date: 331* 332* Phone: 333* Fax: 334* Date: 335* 336* Date: Seller: Tax ID/SSN: 337* Print name: GIUSEPPE VUHAGGIO 338* Phone: Address: 339* Fax: 340* 0 Se lie r counters Buye r's offer (to accept the counter offer, Buye r must sign or initial the counter offered terms and deliver a 341* copy of the acceptance to Seller by 5:00 p.m. on ). 0 Seller rejects Buyer's offer. Buyer: Print name: Address: Tax ID/SSN: Seller: Print name: ANTHONY MANNINO Tax ID/SSN: 342* Effective Date: (The date on which the last party signed or Initialed acceptance of t~ final offer.) 343* BUyer~( land Seller( )( l acknowledge receipt of a copy of this page, which is Page 6 of 6 Pages. The florlda Auoclatlon of REALTOR. and local BoarcllAuoclatlon of REALTOR. make no r.pr..entatlon II to th. legal nlldlty or ad.quacy of any prov'elon orthls form In any sp.dflotraMaClUon. This standtrdlllOd form .hould not be u..d.n oompl.a tran.actlon. or with .atelll'v. rider. or addition.. Thl. form I. avallab.. for u.. by the .ntlr. r.a' .stat. Industry and Is not 'nt.nded to IlIontlty tho u..r.. a REALTORe. REALTORe I. ,r.g'st.r.d CIOII.ctlvo m.mber,hlp mark that may bo n.d only by r.....tat.II01n.... who ar. m.mbor. of tho Natlonsl A..oclatlon of REALTOR. and who subscrlbo to Its Cod. of EthlCl. The Copyright laws ofthe United St.t.. (17 U.s. COd.) forbid the unauthorized reproduction of blank forma by any moenslncludlng facsimile or computerized forma. VAC-6 10100 C2000 Aorida Association of REALTORSe All Rights Reserved This form is licensed for use with FannullllbJrll Forms Software v3.0 800-336-1027 EXHIBIT A LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the \Vest 40 feet of Lot 10, and all of Lot 32, Block 2, LAKE BOYNTON ESTATES, PLAT 1, and Lot 9 and Lots 19 through 21, inclusive, (less the North 10 feet for State Road 804 right of way and 1-95 right of way), Block 2, LAKE BOYNTON EST A TES, PLAT 1, all according to the Plat thereof, as recorded in Plat Book 13 , Page 32 of the Public Records of Palm Beach County, Florida. ~::.:,:-."~Ir:..~''':'~''''~:- ":,;':-:":i:':::":~". ~'.'.":':"'~" .......::~..~~::. '..:";.~....:.... .~:....:....:~......:..~.::. . ....:... ~:.:.:~ :.,.'~: ;;. ~ :.... ':.:! . }JvIfi6 /ilJ eff/ !" z :s 0... w !:: en z o ~ o u:: o o ::2: 0::: o ~ <( ::2: o w en o 0... o 0::: 0... ~ ~ v€€ l.:l 'lpe88 UOlUA08 .P^18 4:>e88 UOlUA08lS8M 059 ~Nlalln8 381.:l.::l0 1'v'NOISS3~atld SH~ hi ",,- ... I> o arll z..:I~ ~ --.---- <J C> I 'll I f II) l 1 I I I let I -.= l t j I J I I I I I , I I I I I I ! I I I I I ! f ! II { lli., ~i ;&0 ! nl fa 'll I, t i . ~ !!:: Ul ",u. ...- lJj"'Ul tOg ~ ~~ C"').- - ...it . ,,- 2' lD :l '6~u. '5z~ lDi" F"~ - &.- .!!eS .nQ.~ 2' lli a ~ ~ 8 ";" ~ ~.~ ~Ii~ ~&-1~ I!: g''fi-' Ul~",g 15"''''' cc~8.:5 ~2\!,i ':; ~ en ~ i.-x e Q:~Na.. 0; :!al ~ 2'al ~ 1 Ill1i !li~i o...",!! ~It)CD~M """ ....., Gee & Jenson Celebrating 50 Years of Design b:cellence November 26,2001 Mike Rumpf, Director City of Boynton Beach Planning & Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL. 33425 Re: Krispy Kreme Dear Mike: This letter is to serve as formal request to withdraw the public notice for the conditional use / site plan review on November 27, 2001. We respectfully request public notifications be reissued and the meeting schedule be revised so that the conditional review will coincide with the land use / rezoning application scheduled for P&D Public Hearing on December 26,2001. If you should have any questions about the above information please do not hesitate to contact me at (561) 515-6641. ,p, r,'- .. . :!. i r-- .~._-_. .....---- ..- iJ'-" - Ilfld ~ DEPARTMENT OF DEVELOPMENT sjb 21-164.01 W.\21164.01\AdminILtr_Mike Rumpf]astpanement Letter for Site Plan Review_II-26-01_sjb.dac One Harvard Circle, West Palm Beach, FL 33409-1923 T(561) 515.6500 F(561) 515.6502 ENGINEERING IEB 0002934 ARCHITECTURE lAA C000656 LANDSCAPE ARCHITECTURE ILC C000050 LAND SURVEYING ILB 0002934 INTERIOR DESIGN liB 0001020 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment November 9,2001 Scott Barber Gee & Jenson One Harvard Circle West Palm Beach, FL 33409 RE: Krispy Kreme Dear Scott, In response to the request for justification for requesting architectural changes to the proposed Krispy Kreme building, please be informed of the requirements of Chapter 9 of the City of Boynton Beach Land Development Regulations, and more specifically Section 11. 5)(ter~or ~u~Lct~V'vg DeS~gV'v, paragraphs "A", and "B". The two paragraphs read as follows: "A. Building design approval shall be based on the use of the structure, its relationship to the site, and its compatibility with the surrounding natural and built environment," and "B. When a distinct development or architectural pattern exists within a surrounding two block area, consistency with that pattern shall be required, unless the pattern of the development is in a dilapidated condition. This provision shall not require buildings to be exact copies of each other." Please see staff comments or staff analysis for a review of project design. In summary, the established character of the built projects within a two block area (south side of Boynton Beach Boulevard) generally represent the Spanish/Mediterranean style. In contrast, the proposed plans contain details which represent a modem style absent of barrel/S-tile roof material, accent tile, arches, bell or other type of towers, and covered walkways, which are representative of the Spanish/Mediterranean style. Furthermore, please be informed that the revised plans are a significant improvement relative to the first draft; however, additional comments may be generated to, in part, provide minor accent details to more completely define the architectural character and improve the appearance of the large, undetailed surface of a portion of the front (north) fayade. I trust I have thoroughly responded to your request; however, please contact me should you have any questions. Sincerely, /~tJ~ Michael Rumpf Director of Planning and Zoning MR/sc CC: Lusia Galav Eric Johnson City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 . www.cLboynton-beach.f1.us FROM ROBERT G. CURRIE PRRn'~-'SH!P PHOI~E ~u 561 243 8184 Oct. 26 2001 02:40PM Pi Date: Oc;~t7er 26. 2001 To: Mike Rumpf from: JON Aguila R.6: Krl5PY Kreme After 23 cut"~ory review of the pl~n6 fo~ the above referenced project (eecond review), I howe a couple of ob6ervation~ that you may wish to con<;ider, 1. [ would ~uggc:e;t a one-way counterciockwls-e traffic circulatio!1 on the Gitt. Thi~ will require a modlficaltion 1;.0 the entr,y island to direct traffic In th~t direction. Also. if thi$ 15 done, tM pavement width could be reduced 3110wing for more latld~cap~ aredi. 2. M&my mort tr~e~ vhould be pianted along the perimeter for buffering, as 5ueeeste:d in the comp plan ;<lme.ndment application. 3. Article II Land$cape Code, Section 5, G, requires one tr~ for every ten poarking 6p23Ce:~ but doe.e; not speclflcaliy flay that YOI) need a tree i~I&l!'1d after every ten epaces. It doe~ however Bay in the las.t B~ntClnce that the intent is 1;0 bl"e(;lk up ~nd divide the expanse of paving. 4. The parking requir/:lmcnt is 47 spaces of which only two need to ~e for the h23ndicapped. They hav~ prD./ided 153 space&. and COiln afford to give up Siix to allow for more landscaping. 5. My gut reaction is that ther~ CJr~ woay ~oo many ~;u 1ight~. The poles are &It twenty- four feet and ~re going to be Been by the re~!dences. Have they submitted a photornetric plan'? C<'ln the pole~ be rWL'ced? If not make 5>UI"('} that cut-off flxtul"ev are provided SiO a~ to not CrOSS the prope.rty line. 6. The pedeBtrlan accef5~ from t;he rC;<il<iknticll 6ide ! think i!7 a mi:;;take. The adV23nt9ge for the few that may choose to walk t,hrough here vers-ust;he eec;urity, buffering, 9nd ae6thetic conce.rM make me wonder if this is really worth doing. 7. Hao? Put/lie Work5 5~el1 the angle of the dump~ter ~ndoeure'? I don't htik thl$ WOrlc:5 we"- Aleo, what a~out a wider dump5ter for recycleableeo, you know thc:y will have e;ome. I really h&lwm''C had 23 chance to really look at this longer, but I have other concern generally a~ to the adequacy of a commercial u~c her", I WOuld like to se~ 'the $taff ,'eport. board action, and cout1cil &lotion when A\.lgi'~ ree>taurant cam~ througl, a few year$ ago, Maybe I can tMet with YO'J n~)(t Thur~day ~H"ound 10:30 ~m b~fore: rry mt:eting with Lu~!a. Call me ~t 276~4951. CCT-18-2001 15:01 !tJ ~ WESCO SIGNS INCO"~OI\AT~D 1000 8isc:a)'ne Or. P.O. Box J.4 10 Cor-cord. NC 28025 70....194.2000 70~.78".17J4 r.. shalpin@wescosiens.com ~JESCO S I Gt-.:S , I NC . P.01/02 FAX TRANSMITTAL TO:~~ Date: .,. .,0 From; Sheri Halpin - Fax: fiJll- W - t,~5q Pages: a-- " Phone: Re: cc: C Urgent 0 For Review ~ Please Comment 0 Please Reply 0 Please Recycle Notes: f;tic ) -i2lJ.fUl MJ~ Utll fr11 d- /Joq". &-~_3. ~.~ OCT-18-2001 1::01 '~'lo!l ~III Illii....SI;;! qii:nKlI (i'l ff'lI.~11 ;;;! iI':!pel r . ~. IS i i r i! II ! ! ! i far," '. ! 1 i ;f 'I ! i!: ill, I : ! I~il '. ,or. I i !If m 'f ' ! ~Ih If Ilni lhn l.filil d ,Iii.. CDi ~~'~"l2~ll l31'~ ,(H I -(Iii n . : ~lI'-n"'= l\ ,~:ril t ~ 1 ~tjii" Ii If, f!:,1 , 1 i',; ih.. ii~l!rli ! ~~! I i I ~! I ..I! ~ i I hiil!l .11" . . . ,,-'I j if a. a Oom, fir! 1~:I ai(..d i I. Gu!!ee I!~urfij ~i! I !8' il ,1ft eJES.:O SIms, IrIC. n'l ;i ~; ~ h~ J~ I -*- , iil: l"if If fr~ """I ';t Iir~ ff~ I ::l 'I. ... ;iiJIH i "'i'~ la ''12 lit 1[1 (I, it ! ! I '" Ii sf II , ~ t 9 !f ; r P.02/[]2 I .. "! 1II ~ i I' ,!II. " '9,' /Jl ~. f I I ~. ~ I ~ I' ill ~, i, i III i I ill ~ II ,iPI !:Iil ~~I~I it T ~ II i i Jlli~ !~llf "~ it ~ ~f i II 'Iuj ~:.: Zo ;no ., !o!: VI TOT':<L P.02 Department of Engineering and Public Works PO. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 wwwpbcgov.com . Palm Beach County Board of County Commissioners Warren H. Newell. Chairman Carol A. Roberts. Vice Chair Karen T Marcus Mary McCarty Burt Aaronson Tony Masilotti Addie L. Greene County Administrator Robert Weisman . An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper '" October 2, 2001 Mr. Michael W. Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach P.O. Box 310 Boynton Beach, FL 34425-0310 RE: Krispy Kreme TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Rumpf: The Palm Beach County Traffic Division has reviewed the traffic study for this project, pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code. This project is summarized as follows: Location: Municipality: Existing Uses: Proposed Uses: New Daily Trips: Build-out Year: South side of Boynton Beach Boulevard, west of 1-95 Boynton Beach 2 Multi Family Residential Dwelling Units 4,368 SF Fast Food Restaurant 1,505 2003 Based on our review, the Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. However, it is suggested: The City of Boynton Beach to review traffic operations at the project access driveway, with emphasis on left-turns in and out of the site. The forecasted peak hour volumes indicate the need for provision of a westbound left-turn lane on Boynton Beach Boulevard onto the site. Also, adequate safety measures should be considered to accommodate left-turns out of the project site. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER \ .!" \ l' : ""\ 11 IlL' i. [I L" r, , ~ - ~ i t- ...""1/) .;. L / / ~'I . " (..., ../ ,^ ..~. '--r"'. , . t-'. f Masoud Atefi, MSCE Sr. Engineer - Traffic D).vision '-.-/ cc: Pinder Troutman Consulting Inc. File: General - TPS - Mun " Traffic Study Review F:\TRAFFIClma\Admin\Approvals\011011.doc Coale, Sherie From: Sent: To: Subject: Livergood, Jeffrey Friday, September 21, 2001 4:33 PM Rumpf, Michael; Coale, Sherie Krispy Kreme I have reviewed plans for the above referenced project and offer the following traffic related comments. 1. I find that the petitioner has sufficiently accommodated the safe movement of traffic on site. However, the petitioner may wish to consider having all traffic move in a one way direction, counterclockwise, around the site. This will provide for more coordinated stacking at the traffic signal. 2. The traffic signal shall be modified by Palm Beach County to accommodate this driveway. Jeffrey R. Livergood, P.E. Director of Public Works City of Boynton Beach (j) '10.1 t'Yl(1'1 ..v<Mv/ tu "-'lVl,<<CV, ~l o..V o ~ ))~ & . c~ "10' 1 DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment September 17, 2001 Mr. Masoud Atefi, MSCE, Sr. Traffic Engineer Palm Beach County Traffic Division Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, Florida 33416 Re: Traffic Study: Krispy Kreme NWSP 01-012 Dear Mr. Atefi: The enclosed documents dated September 14, 2001 from Pinder Troutman Consulting, Inc., was received by Planning and Zoning recently for the above-referenced application. Please review the enclosed additional information for conformance with the County's Traffic Performance Standard Ordinance, and provide Timothy Large, Building Code Administrator, and I with your written response. If you have questions regarding this matter, please call me at (561) 742-6260. Sincerely, ,-I t-f7 C>)U&!A kJ~v -d-v Michael W. Rumpf Director of Planning and Zoning MWR/sc S:IPlanningISHAREDlWPIPROJECTSlkrispy kremelCOUSITRAFFIC 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 l~/~~/L~~l l~:qL ~l~b~qL \:at.t. .Jt.N::'UN r'A\:at. ~L FR<:J M SG:J(T4 ..__.._-_.__.__._'~._._-._"--- JEa .USH GOVUNOR Florida Department of Transportation District FoUl- Penn;1I omce 3400 West Commerci" Boulevlll'd, Fort Lauderdale, Florida JJJ09-J42l Telephone 9S4-771-438J1 FIX 9S4-671.7193 c1uic. turbcrvilletalGOl..tatc. fl. v. September 21, 200 1 'tHOMAS Yo BAIlR.Y. JR. n:CRETARY THIS PQE-APPLICA TION FIN ING MAY NOT BE USED AS A BASIS FOR PERMIT APPROVAL AFTER MARCH 1J,1002 THIS DOCUMENT IS NOT A PERMIT APPROVAL Mr. Scon Barber, R.L.A. Gee & Jensentlnc. One Haxvard ircle West Palm Beach, Florida 33409-1923 Dear Mr. Barber: RE; Pre-applic~tion Review for Categ~ D Vehicular Access Connection (V AC) pennit request Palm ~each County, Urban In IIle ity of Boypton Beach, Stace Section 93200hS.:.te Road 8 '.l Approx: M.P. 8.009, Location: Industrial Avenue Posted S~d 4Smm, Acceu CIa.ss:> Requat: V AC J: "FullaccCQ V AC OPP9.itc Induatrilll Aveaue. V AC 2: r!t-ln. r~ht-ouf 110 feet Wett or ladll.trial A nOlle, north .Ide App.licant: Unknown ast food , Property Owner; Unknown Busmess Name &. Ad es,: NIJ A Pre-8pplicat~Ol) Review of the subject pr~ject WAS conducted at your request Det:embcr 14,2000. The purpose of the pre-~Plicafion Revi~w for V AC is to e~bli$h agreement on. the permit &,ell,erallocatiop anef category of VAs to the State hlghwBY. If you believe the category IISSlgned above 18 mj;olTCct.. please prqvide supporting ta. We h~ve gIVen lh~ >>lan, as presented, as lfiorougb a review as poSSible at fIj., pomt and our comments or fmdmgs are ., follows: · We ~ pr~ared to continue the review of the concept as presented with the following consideratiOns. · Applicant did provide current survey -1L- site plan _ traffic study _ relating existing -L Commentl: 1. 2. 3. 4. . . . . . . We an apltrove the proposed V AC Nl under the following conditioD'. Proposed'V AC II 2 .liaO be dro.poed from cOlUlidcratioD. The nonllbouDd approach .han have tllr<< laDel, Dortbboundtbroup, northbound left, southbound ellery. Wettbound left turn lane to be provided Eastbound rilht turn laDe to be provided Right iu.m lJure Is retllltnd tUtd ",,,,t IIfdMde 6lcvcle /(lite width. Any r~uired additiotill,puQlic p,roperty shall be &y right-of-way dedication. Mitigation for draiJlage unpacu- ~ required.. pewaJl;ring to righe-of-way not permitted. A.ny a~ved.medl8JJ pse IS subject to reVISion WIth s~eq!lllllt proJ<<t!. FJ,xed -o~Ject~ m conerpl zone!! must meet construct.on frJte,rla DimenSIOns between fearutes are from the near edge of each feature unless otherwise indicated. Fav\;lrable review of the proppsal genet:ally means that you mar=eveloP PlanSaom .lying wit)>. the ReVIew cOD)ments and silbl1i1t them.. withm SI)( months, to th,; artment for It processing. When pcnnn requests are submittea subsequc;nlto a Pre-appbc;att Review. paltTJientpermib . personhel have the duqes of checking the viabj it)' of the c1eSi~P.Jans in terms of standarcJs comphance and co struct'bitity. The Depanmenl will attempt to a j WI Ute Review comments favorable to yoqr pran to ~e extent that necessl1l}' disqetiQn .$ .va,~agfe to e Permits Engineer. Unfavorable revIew generally means that a permit application based on the design proposaT would 1i1c.ely be denied. If you should have any qu.elltions. please contact us at the telephone number or e.mail address shown abOve. Thank you for vIsltmg With us. ~ Clark D. Turben District Pennits 1 (0 ;./ ( file s;Ipc:J1Ilil d\pcrmiulCOflUpMPalmbcac;\ d fl - www.at.state. .U6 ~- J---r- r l~ ~~ CDT/jma Cc: Jan Thakkar, P.E. Alan Rothmann/Andy Vaillancourt, P.E.