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APPLICATION City Codes Accessed Via Web site www.bovnton-beach.org ~ www.amIegal.comlboynton_beach_f1 CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN Has applicant attended a pre-application meeting? ,Date This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMB~ED ANI? STAPLED sets of plans. including a recent survey and appropriate fee shall be submitted with the application for then initial process of the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE P~lf'D~-(;-~~--~ - r ~'.1_ . Please print legibly (in ink) or type all information. I D.~ 'I --------l;, . ! In! 211J1tft I', I. GENERAL INFORMATION Krispy Krane _ Boynton ~ Blvd)'! i_i LMW_.__,_=-J!: 1. Project Name: I ...-.---" _._-,,-. - . 2. Property Owner's (or Trustee's) Name: See Exhibit "A" Address: (Zip Code) Phone: Fax: 3. Applicant's name (person or business entity in whose name this application is made): Krispy Krane of South Florida, LI.C Address: 4225 Geriesee Street, Buffalo, Nav York 14225 (Zip Code) Phone: 716-6321-{.121 Fax: 716-634-6059 If contlact purchaser, please attach contract for sale and purchase. Gee & Jenson c/o 4. Agent's Name (person, if any, representing applicant): Scott Bal:ber Phone: One HaIVard Circle, West Palm Beach, PI. 33409 561 515-6641 Fax: ~~~ ~f~J502 Address: 5. Correspondence to be mailed to agent only, if no agent, then to applicant unless a substitute is specified below:* *This is the one address to 'Iwtlich all agendas; letters and other materials wI! be mailed. 6. What is applicant's interest in the premises afected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) Contract Purchaser 7. Street address of location of site: Four parcels all being South of Boynton Beach Blvd. Having a mailing address Of 633 NW 1st Ave.i3015 S. Ocean Blvd., Apt.4Hi 1501 NW 2nd Ave. and 3015 S. Oc;:ean Blvd. J No. 404 ! ~. The following information must be filled out below and must appear, 'Iwtlere applicable, on all copies of the site plan. ' -~. II. 8. Property Control #(PCN) 08-43-45-29-01-002 - (0071) cu'1d(0090) and (0101) and (0300) 9. Legal description of site: See Exhibit "B" 10. Intended use(s) of site: Fast Focrl Doughnut Shop with a drive-thru 11. Architect: Peter Russo 12. Landscape Architect: Gee & Jenson 13. Site Planner: Gee & Jenson 14. Engineer: Gee & Jenson 15. Surveyor: Aviran & Associates, Inc. 16. Traffic Engineer: Pinder. Troutman Com:mlt:in~, Tnro 17. Has a site plan been previously approved by the City Commission for this property? Yes NOV 2. I 2001 SITE PLAN . J 1. Land Use Category shown in the Comprehensive Plan: Being changed to Carmercial 2. Zoning District: R2 3. Area of Site Total 1.04 acres Tor.., 1 prlrC'!pl sq. ft. 4. Land Use -- Acreage Breakdo\M1: a. b. c. d. e. f. g. Residential, including surrounding lot area of grounds acres % of site Recreation Areas * (excluding water area) acres % of site Water Area acres % of site Commercial acres 100 % of site L04 Industrial acres % of site Public/Institutional acres % of site Public, Private and Canal rights-of-way acres % of site 2 h. Other (specify) Other (specify) acres % of site i. acres % of site j. Total area of site 1. 04 acres 100 % of site *including open space suitable for outdoor recreation, and ha\ting a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover acres 9 % of site a. Ground floor building .09 area ("building footprint") b. Water area -0- acres -0- % of site c. Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts. acres % of site d: Total impervious area .82 acres 82 % of site e. Landscaped area .18 acres 18 % of site inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code). f. Other landscaped areas, -0- acres -0- % of site g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas -0- acres -0- % of site h. Total pervious areas .18 acres 18 % of site i. Total area of site 1.04 acres 100 % of site 6. Floor Area a. Residential b. Commercial/Office 4. (" f>O -4,J6€r c. IndustrialIWarehouse d. Recreational e. Public/I nstitutional f. Other (specify) g. Other (specify) h. Total floor area ~ (" ~O -4,398- , sq. ft. SB- sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. &b- 0; [;-,- IL, ill' I r F-'.....~. h, I 1-0--- LNOV 21 2001 7. Number of Residential Dwellinq Units a. Single-family detached sq. ft. b. Duplex sq. ft. 3 c. (1 ) (2) (3) (4) d. Multi-Family (3 + attached dv.elling units) Efficiency 1 Bedroom 2 Bedroom 3+ Bearoom dwelling units dwelling units dwelling units dwelling units Total multi-family -0- dwelling units e. Total number of dwelling units 8. Gross Density -0- dwelling units per acre 25 2 stories feet 9. Maximum height of structures on site 10. Required off-street oarkinq a. b. Calculation of required # of off-street parking spaces. 1 per 100 sf Off-street parking spaces provided on site plan 54 = = = Calculation of required # of handicap parking spaces Number of handicap spaces provided on site plan = REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. NOV 2 I 2001 ~..: \,,< ; L_w -, n__--.J I ~',__J 4 III. CERTIFICATION (I) (We) understand that this application and all papers and plans submitted hereWth become a part of the permanent records of the Planning and Zoning Division (I) (We) hereby certify that the above"statements and any statements or showings in any papers or plans submitted herewth are true to the best of (my) (our) knowledge and belief. This application will not' be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of - Authorized Principal if property is owned by a corporation or other business entity. Date IV. JP~ II/~~I Date Agent f /. Z/./J I Date (I) (We) hereby designate the above-signed person as (my) (our) authorized agent in regard to this application. Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. Date ~~ fill-liD I Date' . A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. ; I Ci ; NOV 2 I 2001 i"." L- 5 RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted wth this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or emplo~d by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, stat or designees shall be constructed in strict compliance wth the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in \iolation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as pro\ided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this :J1srf day of _4/ fJr/e~ ,20fl ~ 2fii~ .(i ~ '7'~tp;'uZi... ~~s pplicant \y~ Witn 'i: NOV'l1 .',;, i L t''''''~J I L------- \ .-c ~_..-"_.-,.~~ 2001 ._~____ ,-J 6 EXHIBIT "A" NAMES, ADDRESSES, ETC. 1. Anthony Mannino 3015 S. Ocean Boulevard, Apt. 4A Highland Beach, Florida 33487 Phone: (561) 265-2903 2. August Vultaggio 17782 Fox Borough Lane Boca Raton, Florida 33496 Phone: (561) 654-7777 3. Giuseppe Vultaggio 8241 Hampton Wood Drive Boca Raton, Florida 33433 Phone: (561) 218-0574 4. Pietra LoPiccolo 410 N.W. 4 Avenue Boca Raton, Florida 33431 Phone: (561) 347-7636 5. Salvador H. Sentmanat 633 N.W. 1st Avenue Boynton Beach, Florida 33426 Phone: (561) 734-0760 6. Norma T. Sentmanat 633 N.W. 1st Avenue Boynton Beach, Florida 33426 Phone: (561) 734-0760 O:\Krik002\Exhibit A.Names-Addresses.wpd NOV 2 I 2UOj L_. - - -- . J ----.--' , ----._ J EXHIBIT "B" LEGAL DESCRIPTION The Easterly 1 (;0 feet of Lot 1 0, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and thE! Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE 130YNTON ESTATES PLAT 1. recorded in Plat Book 13, Page 32, Public RElcords of Palm Beach County, Florida; and Lots 30 and 31,. Block 2, LAKE BOYNTON ESTATES, and the West 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, (IHss North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\l<rik002\Exhibil B.BI)lh Legals.wpd I I , , ,.-.~. .-.~.-- NOV L I LUUI i L- ') __-.J \ _J Ct..~CURRENCY REQUIREMEN..; NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS Please be advised that all applications for the following land development orders and permits vJ1ich are submitted on or after .June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation, park, and road facilities) would be available to serve the project, consistent wth the levels of service which are adopted in the City's Comprehensive Plan: Building permit applications for the construction of improvements, which, in and by themselves, would create demand for public facilities. Applications for site plan approval. Applications for conditional use approval. Applications for subdivision master plan approval. NOV 2. I 2001 I __J l Applications for preliminary plat approval. Applications for final plat approval. Applications for rezoning to planned zoning districts. Applications for revisions to any of the applications listed above, which would increase the demand for any public facility. Any other application, which, in and by itself, would establish the density or intensity of use of land, or a maximum density or intensity of use of land. Applications for development orders and permits submitted ater February 1, 1990 and which generate more than 500 net \ehicle trips per day, must comply with the Palm Beach County Traffic Perbrmance Standards Ordinance, unless e)q3mpt from that ordinance. Please be advised, however, that the following applications will be exempt from the Concurrency Management Ordinance, pending final approval of this ordinance by the City Commission: Applications for the development of property which was platted on or after January 13, 1978 and either the final plat or the preliminary plat and Palm Beach County Health Department permit applications V\ere submitted or approved prior to June 1, 1990, and the use ofthe property is consistent with the general use which was intended for the property at the time of platting. Applications for the development of property, which was platted prior to January 13, 1978, the area of the platted lots does not exceed 2 acres, and the proposed use V\Ould not generate more than 500 net vehicle trips per day. Applications for building permit, if a site plan or conditional use application W3S submitted prior to June 1, 1990 and subsequently approved and the site plan or conditional use has not e~ired. Applications for the development of property within an approved Development of Regional Impact, and which are consistent with the approved DR!. Applications for approval of final plats, if the preliminary plat and application for Palm Beach county Health Department permits Dr utilities have been submitted prior to June 1, 1990. Applications for revisions to previously approved development orders or permits, Wlich do not increase the demand for any public facility. 7 Please be advised that these exern"",Jn rules are tentati\e and will be subj~" to final approval by the City Commission. If you have any questions concerning the proposed BO}11ton Beach Concurrency Management . Ordinance, please contact the BO}11ton Beach Planning &Zoning Division at (561) 742-6260. CHAPTER 4 SITE PLAN REVIEW Section 7. Submission Requirements. - Each applicant shall submit to the Planning and Zoning Di\tsion the following plans and exhibits in the number of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee __ _ adopted by resolution by the City Commission. 12 ASSEMBLED COPIES REQUIRED A. Existin" site characteristics map: A sealed survey, not older than six months, showing all adjacent streets, alleys and driveways, and also illustrating: 1. Existing natural features, including but not limited to lakes, trees and other \egetation and soils and topography. 2. Existing buildings, building elevations, other structures, including use, height, dimensions and setbacks. 3. Existing utility lines and all easements. 4. Existing elevations (corner, street and finished floor) B. Site development plan: 1. A scaled drawing clearly illustrating proposed buildings and other structures, and any existing buildings and structures, \^.A1ich are to be retained, including use, height, dimensions and setbacks. 2. Proposed off-street parking spaces, driveways and sidewalks, including location, dimensions and setbacks, traffic control markings and signage. 3. Proposed fences and walls, including location, dimensions, setbacks, height and material. 4. Proposed location of lighting on site. 5. Proposed dumpster location. C. Landscape plan: 1. A separate scaled drawing (at the same scale as the site de\elopment plan) prepared as required by state law clearly illustrating proposed trees, shrubs, grass and 2. Proposed berms, watercourses and other topographic eatures. 3. A notation on method of irrigation. NOV 2 I 2001 t.... ~ . - .----...j Architectural plan: 1. A scaled drawing clearly illustrating proposed building floor plan and elevations, including 8 height, extert.. dimensions, exterior color and materi~ . 2. A colored elevation drawing (not mounted) sho'.Mng all elevations of the building. (This submittal can be waived by the Planning and Zoning Director v.A1en not applicable.) E. Tabular Summary Containina: 1. Total gross project area by acreage and square footage and net buildable land area in acres and square feet. 2. Total number of proposed residential units, including characteristics bynumber of bedrooms and bathrooms and gross square Dotage of each typical unit. 3. Proposed nonresidential floor type of use and total gross square botage. 4. Square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas, other pa~d areas, and building coverage and total coverage. 5. Number and ratio of required and provided off-street parking spaces and number of loading spaces. 6. Water bodies in acres and square feet. 7. Height of buildings. F. DrainaQe plan: 1. A separate scaled drawing (at the same scale as the site de\elopment plan) showing elevations, flow arrows, proposed drainage structures, proposed treatment Bcilities, etc. 2. An engineer's certification in writing that drainage '.Mil conform with all rules, regulations, codes, etc. including. but not limited to, Chapter 6, Article IV, Section 5 ofthese Land Development Regulations. Revised 1 0/26/01 J:\SHRDATA\Planning\SHARED\\i\P\FORMS\APPLlCATIQ\lS\NWSP\Revised Site Plan wth Pre-application date.doc . i' NOV 2 I 2001 '. I. I ' . L I ---~~........... I _.__._,__,_~_ I .1 i L__..---- ...-_. -.--.-- ....J 9 CERTIFICATE OF TITLE I, MICHAEL S. WEINER, ESQUIRE, do hereby certify that to the best of my knowledge, the current fee simple title holders of record for the subject property attached hereto as Exhibit "A", within the Warranty Deed attached hereto as Exhibit "B" and made a part hereof are SALVADOR H . SENTMANAT and NORMA T. SENTMANAT, his wife. O:\Krik002\Certificate of Title.wpd NOV l \ 2001 , l EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. O:\Krik002\Exhibit A.Sent.wpd I." NOV 2 I 2UOI L ~..,j II Altomqa' nta.1ftIaranct . i PrInted for Fund, lac., 0rII1ldo, fIorlcIa "um 10: JANES J. MORAH, ISO. Name. ._ _lUUa).&.~:U:J!'UII:." .IWtAN Mdras.. . ..~S'l' .O~r.1C1LOM1W\ .10 . ... -........ SQtlrl'O.N ..JlBACH,....lL . .33425 Thill Inllllrumenl WlI$ pr..-posnod by: N~1l' JAMBS J. KORAN Add~~ REED, GRIFFt'l'H " MORAN POST OFFICE DRA'iER 10 BOYNTON BEACH, 1L 33425 JAN-O;-1988 03:49PI 88-001086 ORB 5534 p, 1373 Con 97,500.00 Doc 536.25 JOHN 8 ilUNKLE,CLERK - P8 ~O\JRTil FI. ... -----.-.-.-..... .I!lpao.....bu\...lbbollnffurNroNl"lld.>w.1 . . . ..... ... WARRANTY DEED ISTATlfTORY FORM - SE~ON 689m. f.5;) This Ind~nture, ~ Ihk 03" ~ <l4y o)i 'Dece~er , 19 87, Between ROBERT L. YOST, a married man, conveying separate, non-homestead real pJ;operty, whose residence address is 2554 Avenue Au Solei1, Gulfstream, J~~f!en,y ot3 48~Alm Beach . . SWlt' o)i Florida . grtlllklr', .and SALVADOR H. SENTMANAT and NORMA T. SENTMANAT, his wife, whtlM'po$t (lffl\.......ddn.'!o~h< 633 N.W. 1st Avenue, Boynton Beach, uf thl! CClUnt). or Palm Beach , Rrd"tl~., ,51.atll'of Florida 33435 Witnesseth 1h.1I!'.lid I:rnntur. fur ..nd in ctlno,jd('rollkln ttf 1'"-' "UIl1 lIf -------------- TEN and NO/lOO ($10.00) ------------------___~~ ilOO tllh~ ~uod ilOO ...."u...blt. ,"(t{l<oi.!t.'r..lltln~ Iu ....id !\filn"... In h/ln.! Po'id ~. "..1.1 ~r..ntt"'. Ih,' m.'o.'irl ....hnwf Is h~by Kkn\lwkod~..-d. M lIrar1t01d. bil~ln\.od ..nd ..old lu IIw :<odd ,;r.nl'.... ",,01 ,;r.II1I,.....' h.'lt~ .ut..! .....iI;n., (,lft'Vt.... 1M lul.......ln,l d\....crtb..-d I.1nd. "/Itk1Io:. /yill)\ olnd beln,; In Palm Beach l""unty. "koriW. ").wll: The ea';t.erly 10 feet of Lot 10, all of Lot 11, 'the '~esterly 15 feet of Lot 12, and that portion of Lot. 8 and the westerly 15 feet of Lot 7 lying southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat BOok 13, Page 32, Public Records of PaJ.m Beach County, Florida, together with improvements located thereon. 'SUBJECT TO easements, reservations and restr'ictions of record and to taxes subsequent to the year 1987, .SUBJECT FURTHER to Mortgage dated May l, 1987, in favor of MARK .1. BRISSON, in the original principal sum of $74,000.00, recorded in Official Record Book 5267, Page 329, Public Records of Palm Beach County, Plorida, which Grantees herein hereby assume and agree to pay. MId Hid ganlor dot.'s "t'f\'by fully \...1rr..nt lhf lit'" kt ....Id a.nd. and will defll'nd tho: ""111(' .~1l'Il th.. Ln\'ful d.1lm.~ ut ..II I"'fllOI1S whom_. '"Gr.nllll''' ..nd "ganlllt" 4ft' ~ for lIingulllf Of plural, as Cttlll<<'lll n:qul~. reof, IIr.1ntor h.1~ htnunto lid~IUr'S> d and St'oll tltt.' d.J~' and ~r 8mt "bt>ft'wrillen. red In our pR.'5t'lICf: .' ~. -.. -- .-.-.-- . ...~.~..._.. .....-.-_lSeaI) ---.-._ ---772:;;:.... -..... ..-- .---...-. . .-..-.-lSta/l +"',- -..- __u_... ..... _.____. ...__ .__ .___ lSeitl) ... ...-- ... .. .--. - .-----..-.-.--_ 1Sta/) --...-..--- .-----..-..- i ~. ; STATE OF FLORIDA COUNTY OF PALIot BEACH . I HEREBY CERnFY that Oft this day before nw. an of/lter duly qu.IiRt!d to tab .cknow~Il\fnI" pmonaUy IppHmI ROBER' L. YOST, a married an, conveying separate, non...homestead real proPerty, .. .' . III me1cnown'1O tJ. pttSOn(s) ductlbed III and who executed tfw qoln/llMtnttnent.ancl ~ bflott me that be. . fteC'Uted tM salllf. . :-i\t.,...,. i WITNESS Ifty hanclllld oIficlallNlln the County.nd ~'foraatd IhI, ~.-:--~.~?' ciaJQber ,1987. My commission expIm: Mabry Pu!IIic, StIle".. _ _ ~'- 1.1, ClIIlllIi.IOllIlrpiu Mar >>. 1ft . ." u VfRfIEo ....,.. .... fMt ,.,.,.......... '. lEACH COUH1Y, FLA. - . JOtW &DUHKLI "l6I!lW' - OI.IAK CtACW' COURf " 'j I \ r-~- , NOV 2 I 2001 I L CERTIFICATE OF TITLE I, MICHAEL S. WEINER, ESQUIRE, do hereby certify that to the best of my knowledge, the current fee simple title holders of record for the subject property attached hereto as Exhibit "A", within the Quit Claim Deed attached hereto as Exhibit "B" and made a part hereof are ANTHONY MANNINO, as to fifty percent (50%) interest, and AUGUST VULTAGGIO, as to 16.67% interest, GIUSEPPE VULTAGGIO, as to 16.67% interest and PIETRA LoPICCOLO, as to 16.66% interest, whose post office address is 1501 N.W. 2nd Avenue, Boca Raton, Florida 33432, called Grantee. Dated: November ll. 2001 0:\Krik002\Certificate of TitJe.2nd.wpd NO~ 2. \ (00\ \ \... -""' . ..J : L~- -." - -0"', _J "'-,--- l-~.~^ ....^. ..".. -'-' EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. 0:\Krik002\Exhibit A.Man.wpd NOV 2 I 2001 , L ....~_ ,..J l'RJIPUBD B'f DO 1tBr.r1:nm '1'0 I JeUi:q A. Levine, ..q. 4000 B. ~~ Highway, Suite 2ql Booa Raton, noric!a 3343'1 Tax 1'01i'O No. QtrIT CLAm DEED TlaS QUI'1' ~ DBBD, 'made this, l.!:I.u day of August, 2001, between ANTaONY MANNIN~' TRUSTEE, whose wst office address is 'fIn, ~ S. t7t:""'/t1 ~(1 Ji1:ltA 1/,~IIL'bA (fl'"{r/11tdA hereinafter called Grantor, and JUrl'BOBY ~O, as to 50% perC!e~t ,interest, and A'D'GtrS'l' vtrIa'l'AGG%O, ..s to 16.'67% interest, GZUSBPPB vtrIaTAGG%O, as to 16.67% interest an~ P%E'l'RA LoP%OCOLQ, as'to 16.66% interest, whose post office address is 1501 N.W. 2nd Avenue, Boca Raton, I'lorida 33432, called Grantee. W%'l'NESSE'l'H That the Grantor, for and in consideration of the 'sum of Ten ($10.00) Dolla~s to ,them in hand paid by the Grantee, the receipt whereof is hereb~ acknowledged, have granted, bargained and sold to the Grantee, his successor~ and assigns forever, the following 'described property, lying and being in Palm Beach County, Florida, to wit:' , .........., Lots 39 and 31, Block 2, LAXE BOYNTON ESTATES, and the West 40 feet " of- Lot 10 and all of Lot 32, Block 2, LAltB BOY.N'.rON ESTA'1'BSJ PLA'l' 1, - . and Lot 9 and Lots 19 through 21, inclusive, (less North 10 feet for State Road 804 Right-of-Way and %-95 Right-of-way), Block 2, LAXB BOD'l'ONBS'l'ATES PLAT 1, all according to' the Plat thereof a. recorded in Plat Book 13, Page 32, of the Public Records of Pa~ Beach County, 1'10r1da. '. '\ I , -\ ''1ro'l'B 'l'O CLBlUt. 'l'his 18 a transfer of a partial interest in th. real estate of the ~st from the trustee to the beneficiaries of 'the trust. _Therefore, only n~Dal dOcUmentaxy stamps are due as a result of the transfer. . To have and to hold the same together with all and singular. the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and alaim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. IN WITNESS WHEREOF, the said Grantor has signed and sealed these pres~t;lts the day and year first above written. nd Witness gnat n--9~AUt~/O 2nd 'Witness Print Name - NO~ 2 l 2001 i L- ~ -.. --- ..-------1 '-'j. , nJ AGENT CONSENT FORM STATE OF flo[l~ COUNTY on",l,., ~ / o /l1t,?H !hi(.CJ..... BEFORE ME this day personally appeared J~II\DS Cose.,J.11\O , ~Of KRISPY KREME OF SOUTH FLORIDA, LLC, who being duly sworn, deposes and says that: 1. He has the authority to provide this Consent on behalf of KRISPY KREME OF SOUTH FLORIDA, LLC / / 2. KRISPY KREME OF SOUTH FLORIDA, LLC is the Contract Vendee of the real property ("Property") described in the attached Exhibit "A". 3. KRISPY KREME OF SOUTH FLORIDA, LLC duly authorizes and designates Gee & Jenson c/o Scott Barber to act on the behalf of KRISPY KREME OF SOUTH FLORIDA, LLC for the purposes of the Land Use Amendment and Re-Zoning, Conditional Use, and Site Plan applications involving the real property legally described in Exhibit "A". 4. He has examined the foregoing applications and he understands how the proposed change may affect the real property legally described in Exhibit "A". FURTHER AFFIANT SAYETH NOT. ~c; ~ - ~-- N 3'6,fl1S ~"'t>..,..o e: (}fI!r.f,O'l~ /JIt'lt/-..~ Title: ,.president of KRISPY KREME OF SOUTH FLORIDAs: LLC l{ ;).. ~ 5 b € I\IU).eR. t- Street b-ddr,e$s PIA~ -,NY ty'J. 'J.J City, State, Zip Code 7{f,- G3'1-~IJ( Telephone The foregoing instrument was sworn to and subscribed before e this ~ay of tV 0 .; 2001 by..)Atl'\e-'z C~NrTNC) \.l ..........., MlCHAEL S. WEINER . li).~l:'.~~ MVCOMMISSION#CC954585 f otary Pubhc- te of F L ~~ j'1 EXPIRES: July 12, 2004 _ ,~..... -t" Bonded ThlU No\8lY Public Un<\elWriters " ,/If,,'r.\' Print, Type, or Stamp Commissioned Name of Notary Public My Commission Expires: Personally Known _ OR Produced Identification Type of Identification Produced ~ Jtff/) ".s "-- l.-l~ O:\Krik002\Agent Consent Form.Krispy.wpd NOV 2 I 2001 L i --.-- j EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida; and Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 40 feet of Lot 10 and all of Lot 32, Block 2, LAKE BOYNTON EST A TESt PLAT 1 t and Lot 9 and Lots 19 through 21, inclusive, (less North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. 0:\Krlk002\Exhibit A.Sent-Man.wpd AGENT CONSENT FORM STATE OF ~12z9 COUNTY 01= ~I'A l ri BEFORE ME THIS DAY PERSONALLY APPEARED NORMA T. SENTMANAT WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit "A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. NOT. NDV '2 \ 2001 - \ 3ger (Printed) "\/E~/"e-r:/\. r:JS/)191n/ ~ ?ter'SSigna~ BY:~/J S . y; Owner's Name (printed) ~ 633 NW Isir;-f/~ STATE OF f)t,I'if. COUNTY 0 4C.1t The foregoing instrument was sworn to and subscribed before me this /5~ay of ~~ 2001 by Norma T. Sentmanat. Signature of Notary Public-State ~ Owner's Address 81 /lI 7;;; 8eJKJ - fill} :3 3 Cf 2,6 City, tate, Zip Code (6'13 '73'1- tJ 'l60 'Taephone M C .. E' 9./~. c?~ y ommlSSlon xplres: Personally Known"""/ OR Produced Identification Typeof Ide~cation NO\' 2. I 2001 i ~_J J ,............ ' ~,".H'", :-~ti'lly ~~ Carole Sussman ~*: :*! MY COMMISSION' CC9S<<04 EXARES ~N. .~~ ~mm~1q2004 "F..Jif..tr..... BONDED THRU TROY FAIN INSURAHCf.IlC EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 teet ot Lot 10, all ot Lot 11, the Westerly 15 teet ot Lot 12, and that portion ot Lot 8 and the Westerly 15 teet ot Lot 7 lying Southerly ot State Road 804 right-ot-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records ot Palm Beach County, Florida. 0:\Krik002\Exhibit A.Sent.wpd NOV L \ [UlH AGENT CONSENT FORM ~ STATE OF ,I COUNTY OF 'l/CI/ BEFORE ME THIS DAY PERSONALLY APPEARED SALVADOR H. SENTMANAT WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YE NOT. ger (printed) ,/E/rRcf fl rJ/J'J.,t/11.) Owner's Siillature ~ ~r.-f.,..r .~./ 'By: S4/Y-fb6-e'II. Sei17'.A14 #-17' Owner's Name (printed) '33/Y.w. /j!' 4J/-e.. Owner's Address NUV 'l.. I LOOI ~~';>J7"J-J ~L -433YJ6 City, tate, Zip Code ..___ ..i :5-~/ ;; :,'?'j/ ~ 7 a; () Telephone l. -- - I STATE OF /=%,JiJlfJ,i] COUNTY OF ~ /m &4":1/ _?L ~ The foregoing instrument was sworn to and subscribed before me this/O - day of 2001 by Salvador H. Sentmanat. ~ _ Signature of Notary Public-State 0 - ~ Print, Type, or Stamp Commissioned Name of Notary Public ~e My Commission Expi~ s: '9./f:). 4' ,!Le?Lj Pel!Q.nally ~~ OR Produced Identification ~ ~ Type of Identification Produced ,.....11::.',. l~~...:.:;;r.. Carole Sussman :*: 1'J:i.~ ~R: MY COMMISSION I CC9~ EXPIRES ~.~~~j September 10, 2004 "'~iif.,\h~" BONOfD THRU TROY FAIN INSURANCf.1NC. EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. 0:\Krik002\Exhibit A.Sent.wpd NOV 2. l 20m __ ..i AGENT CONSENT FORM STATE OF fl6v~ COUNTY OF f~ ~ BEFORE ME THIS DAY PERSONALLY APPEARED GIUSEPPE VULTAGGIO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A ". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. ~~. : f;PIZ ~iv o ' same' (printed) N ger (printed) hr,,&"~ E Y ...., f.(' /J.J A IV ~'L\{t ~ wand._b('\vL Owner's Address NO\j 2. \ '(~Ul)\ Boca- ~ l ~L 5)4-33 City, State, Zip Code 1 . - t:5~l- Z-l D -OS-1'-{ Telephone STATE OF IJIi.k ";1 . COUNTY O~ !'hi .IJci:/ The foregoing instrument was sworn to and subscribed before me this/"'~ day of ~ 2001 by Giuseppe Vultaggio. Signature of Notary Public-State o~ Print, Type, or Stamp Commissioned Name of Notary . #-0' / Public ~ My Commission Expi s: t? /0' . ~ y Pers~ Kno~ OR Produced Identification ~. . Type of IdentifiCation Produced EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. 0:\Krik002\Exhibit A.Man.wpd NO~ 2 \ 20m i .J '.,\ L--'.-J ----.. ---~!~-.-- "__ J AGENT CONSENT FORM STATEO~ COUNTY Ofi 6'~ BEFORE ME THIS DAY PERSONALLY APPEARED ANTHONY MANNINO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16,2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. ... 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. tl.C\\ '{ \ li_ ~~~ BY:1j A/-rj-l-19M y /U #;1/ /!/(/i/C) Owner's Name (printed) J.o/S" .5'&, t9c!C'~/l/ 8Lt/O /}PrL;/I- Owner's Address HI b If L/fA/P t!3 8<l-CH' P?/f' City, State, Zip Code .3.3 Y B 7 56/ ~65" ~ if 03 Telephone STATEO~ COUNTY OF ~~ The foregoing instrument was sworn to and subscribed before me this /~ay of ~~/ 2001 by Anthony Mannino. '--------' ..~~ Carole Sussman l*{-;!"l:~ MY COMMISSION II C054404 EXPIRES ~A.i>~ September 10. 2004 "~P.r.f..~~' BONDED THRU TROY FAIN INSURANCf, INC EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 40 teet ot Lot 10 and all ot Lot 32, Block 2, LAKE BOYNTON ESTATES, PLAT 1, and Lot 9 and Lots 19 through 21, inclusive, (less North 10 teet tor State Road 804 Right-ot-Way and 1-95 Right-ot-Way), Block 2, LAKE BOYNTON ESTATES PLAT 1, all according to the Plat thereot as recorded in Plat Book 13, Page 32, ot the Public Records ot Palm Beach County, Florida. 0:\Krik002\Exhibit A. Man.wpd \\\\j~ 'L \ LUUI AGENT CONSENT FORM STATE OF F(6YI~ COUNTY OF Pa.tm 8tlaJ- BEFORE ME THIS DAY PERSONALLY APPEARED PIETRA LoPICCOLO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. By: Owner's Name (printed) 4"0 Nw ~ (\VL Owner's Address :,;:1 L I iuUi p,)V 130etL RoJrn., fL 33~31 City, State, Zip Code STATE OF ~/4~ COUNTY OF ~ ~ ',(tc<{/ The foregoing instrument was sworn to and subscribed before me this/Aay of Y/Y'/./ I .../ . . 2001 by Pietra LoPiccolo. ~ Signature of Notary Public-State o~ ':)<01 . 3'\1- 71.o?:/p Telephone Print, Type, or Stamp Commissio Public ~ My Commission Expir : 9 ./t? . ..;:z..~ V Personally KQQ.W~ OR Produced Identification ~ Type of Identification Produced ....~~~~ Carole Sussman f!iJ'~ MYCOMMISSlON# CC9S4~O~ EXPIRES ~ .: j September 10, 2004 '~:r,~::J ..' BONDED THRU TROYFAIN INSURANCE, INC. 1fT..\i\ EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 40 teet ot Lot 10 and all ot Lot 32, Block 2, LAKE BOYNTON ESTATES, PLAT 1, and Lot 9 and Lots 19 through 21, inclusive, (less North 10 teet tor State Road 804 Right-ot-Way and 1-95 Right-ot-Way), Block 2, LAKE BOYNTON ESTATES PLAT 1, all according to the Plat thereot as recorded in Plat Book 13, Page 32, ot the Public Records ot Palm Beach County, Florida. 0:\Krik002\Exhibit A.Man.wpd ;JGV 2 I 2UOI " i j L -_l --__--1 AGENT CONSENT FORM STATE OF ~lWi~ COUNTY OF ~ ~ BEFORE ME THIS DAY PERSONALLY APPEARED AUGUST VULTAGGIO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. By. Owner's Name (P \/v,.c/?eJ'" ,J;; rfA,4'IJ - f11g2- 'fo~ 60(~ Owner's Address NOV 2. I ZOO! f;OCR ~,'FL 33~~ City, State, Zip Code L ---- j 5(0\ - (054 - 11'11 Telephone STATEOF ~z''''~ COUNTY OF <I /h .lie If The foregoing instrument was sworn to and subscribed before me this5~ay o~n ~. . A , . . 2001 by Augus1 Vultaggio. ~ ~ Signature of Notary Public-State ~-- ~ Print, Type, or Stamp Commissioned Name of Notary I / Public My Commission Exp..;res: y> . /CJ . ..:;,~ 7 Pers2!J9Uy Kn9W~ OR Produced Identification Type of Idenlification Produced . :':"""" Carole Sussman I.: ~~ MY COMMISSION # CC9~404 EXPIRES ~ : j September 10,2004 ~Jj; .;; \O..~ BONDED THRU TROY FAIN INSURANCE, INC. '~lJju\"\ EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit A.Man.wpd NOV 2 I 2001 ....-j - ',' : j ASS:rGlIJIElIT AIm ABSI'J)(P~J:OIf ACRBBHBIft' nz.s' ASSIGltKDT AWD .ASSUKPtIOIlT AGRlIDID'l ("Agreement") anter~d into this 21st day of .November, 2001, by ana;between DYDOlia J)o'llqhnUt:S rlori4a R~al~y, Inc., a Florida corporation. (.A~siqnorn), and Kr~apy )(r... of! ,South PIorida LLC, a Florida' lim1ted liability I:::ompany ("Assignee") . :RECITALS: A. Assignor and August and Joseph Vultaggio entereCl into. a Purchase' and Sale Aqreement dated July 16, ,2001 (the "Purchase Agree~ ment"), the terms of which Purchase and Sale Agreement were COllf~d, and' 8:c~ow1edqed by An~ony Xannino, Trustee,,". and Pietra LoP!c(::olo by a Confirmation of Contract dated Auqust 10,' 2001. . B~ Assignor d~sires to assign to Ass.i:.gnee, and Assignee.,(~e$1res to as&UJI1e the riqht.s'j duties and liabilities of Assiqnor under the Purchase Agreement. . AGDRV1Il1l'l' : 1-'" . ,.J',.' NOW, THEREFORE, in consideration ot the foreqolnq premises, ~~c mutual promises and covenant.s herein contaiJ)ed, and 'bt:h~r go:;)d and valu~ble considerat.ion, receipt of which .are hereby acknowledged, Assiqnox: and Assignee do hereby agree as fo,~lows: 1. AsslQDaent. Assignor assigns all its rights and interests in and to the Purchase Agreement to Assignee, erfective as of.;':t;blll date of this Agreement.. . 2. AaBUJIlDtion. Assignee. hereby assumes all obliqa'l::ions I agreements, commitments, liabilities and d~ties under the ~~chase Agreement, inCluding all payments reqUired thereby and agrees to be bound: by and comply with all terms and conditions of the PU:~C~E!.S2. Agreement with the same force and effect 'as if it was orig:lnally executed by Assignee. . In Witness Whereof, the Assigr1or' and the Assignee have executed this Agreement. as of the day and-year' first written above. ASBI_Oa, I)yJ:aa 'DoUg_uta JlloritSa .eal.ty, :rDC., a PI r da corporation By: . ~ ~ ~ ames A. Cosentino President NO~ 2. l '20m \':.~~J .AS8%CDrJDl: Krlapy Kr... of 80U~ Plor14a LLC, a PIo " a limited liability company . "../.... . By: ~ ~~ es A. Cosent:1no operations Director City Codes Accessed via Website www.bovnton-beach.org www.amlegaI.comlboynton_beach_fl Has applicant attended a pre-application meeting? Date: CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION CONDITIONAL USE APPLICATION NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Division (two (2) copies of application required). PROJECT NAME: Krispy ro:-Eme - Boynton Beach Blvd. AGENT'S NAME: Gee & Jenson c/o Scott Barber ADDRESS: One Harvard CircleJ West Palm Beach. FL 33409 PHONE: 561-515-6641 FAX: 561-515-6502 OWNER'S NAME: (or trustee) ADDRESS: See Exhibit "A" PHONE: FAX: PROJECT LOCATION: Four pa.rcels all beinq South of Boynton Beach Blvd. Having a nailing address of 633 NW 1st Ave.; 3015 S. Ocean Blvd., Apt. 4H; 1501 NVJ 2nd Ave. and 3015 S. Ocean Blvd., No. 404 (not legal description) PCN NUMBER: 08-43-45-29-01-002 - (0071) and (0090) and (0101) and (0300) CORRESPONDENCE ADDRESS: * (if different than agent or owner) *This is the only address to which all agendas, letters and other materials will be forwarded. 1,]1/ 2 I 2001 Date Submitted: Applicant's Name: Krispy KrEIDe of South Florida, LIe Applicant's Address: 4225 Genesee Street, Buffalo, New York 14225 Phone: 716-634-2121 Fax: 716-634-6059 Legal Description: See Exhibit liB" Project Description: Fast Food Doughnut Shop with a drive-thru Owner Signature .~ Ag' . ' The Owner has hereby designated the above-signed person to act as his agent in regard to this petition. (To be executed when Owner designates another to act on his behalf.) r IV 2 , 2001 2 ___ _I I. GENERAL INFORMATION a. All property owners located within (400) four hundred feet surrounding the subject parcel shall be notified. b. The ownership of all surrounding properties as submitted by the applicant, shall be reviewed by the City Clerk, who shall notify the owners by regular mail of the date and purpose of the public hearing held in conjunction with the conditional use application. c. Notice of the public hearing shall also be advertised in a newspaper published in the City at least ten (10) days in advance of the hearing. d. At the public hearing held by the Planning and Development Board and Community Redevelopment Agency Board (CRA), evidence for or against may be presented. e. The Planning and Development Board or CRA may recommend, approval with modification or denial of the application subject to the standards provided in Ordinance No. 76-46. A written report of the Board's findings shall be forwarded to the City Commission. f. At a regular meeting, the City Commission may approve, approve with modification or deny the application subject to the standards provided in Ordinance No. 76-46. g. Each new application for conditional use approval shall be accompanied by a fee payable to the City of Boynton Beach as per the fee schedule, as well as addressed envelopes for property owners to be notified. h. Each application for an extension in time of a conditional use approval shall be accompanied by a fee payable to the City of Boynton Beach for one hundred and twenty- five ($125) dollars. Such application shall be submitted to the Planning Director not less than 45 days prior to the expiration of the approval. 1. Representative of the proiect must be present at all Plannin and Develo ment Board or CRA and Cit review this proiect. II. CONTENTS OF THE CONDITIONAL USE APPLICATION : NOV 2 I 2001 Application for conditional use shall contain two (2) copies of the following items: a. Statement of the applicant's interest in the property to be developed, including a copy of the last recorded Warranty Deed, and a certificate from an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein, and: 1. If joint and several ownership, a written consent to the development proposal by all owners of record, or 3 2. If a contract purchase, a copy of the purchase contract and written consent of the - seller/owner, or 3. If an authorized agent, a copy of the agency agreement and written consent of the principal/owner, or 4. If a lessee, a copy ofthe lease agreement and written consent of the owner, or, 5. If a corporation or other business entity, the name of the officer or person responsible for the application, and written proof that said representatives have the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer ofthe corporation. b. Legal survey, prepared by a surveyor registered in the State of Florida, showing an accurate legal description of the subject property, and the total acreage computed to the nearest one-hundredth (11100) of an acre (these two surveys are in addition to the surveys required on page 6 of this application, Sec. IlL19.). c: Vicinity map, showing the location of the subject property in relation to the surrounding street system. d. Drawing showing the location of all property lying four hundred feet (400) adjacent to the subject parcel, and a complete list of the property owners' names, mailing addresses and legal descriptions. The owners of property shall be those recorded on the latest official County tax rolls. Such list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge, said list is complete and accurate. Contact: Palm Beach County, Property Appraisers Office, Attn: Mapping Division, 301 North Olive Ave., WPB, FL. III. SITE PLAN REQUIREMENTS Twelve (12) complete, assembled and stapled sets of plans shall be submitted. All drawings shall be scaled and the maximum size sheet shall be 24" x 36". The following site information shall be shown on the submitted plans or where applicable, separately submitted. Incomplete site plans will not be processed. (Please check) 1. Boundaries and dimensions of the parcel. JJV 2 I 2001 , ___! ~.__.J I ! __..___ -l 2. Scale, graphic scale, north arrow, and date. 3. Adjacent properties or land uses. 4. Pavement edge and/or right-of-way lines for all streets, alleys, sidewalks, turn lanes, driveways and unimproved rights-of-way within one-hundred (l00) feet of the site. Also, names of adjacent streets and rights-of-way. 5. Location of all proposed structures, and any existing structures that are to remain on the site. 6. Setbacks of all structures (over 3 ft. in height) from property lines. 4 7. Use of each structure, indicated on the site plan. 8. Number of efficiency, I-bedroom, 2 bedroom, etc, dwelling units in each residential structure, to be indicated on site plan. 9. Indication of height and number of stories of each structure. 10. Indication of structures, equipment, etc., above 45 foot height, including height in excess of 45 ft. 1_ 11. Floor plans or typical floor plans for all structures. 12. Finish floor elevations of all structure. l\! 2 I 2001 13. Uses within each structure, indicated on floor plans. 14. Elevations or typical elevations of all structures; including materials, surfaces, including roofs. 15. Indication of the numbers and types of recreational facilities to be provided for residential developments. 16. Indication on site plan of location, orientation, and height of all freestanding signs and wall signs. 17. Location of walls and fences, and indication of their height, materials, and color. 18. A landscape plan, showing conformance with the Landscape Code and Tree Preservation Code, and showing adequate watering facilities. Plants must be keyed out according to species, size and quantity. 19. A sealed survey, by a surveyor registered in the State of Florida, and not older than six (6) months, showing property lines, including bearings and dimensions, north arrow, date, scale, existing structures and paving, existing elevations on site, rights- of-way and easements on or adjacent to the site, utilities on or adjacent to the site, legal description, acreage to the nearest one-hundredth (1/100) of an acre, location sketch, and surveyor's certification. Also, sizes and locations of existing trees and shrubs, including common and botanical names, and indication as to which are to be retained, removed, and relocated, or replaced. 20. Location of existing utility lines on or adjacent to the property to be indicated on the site plan, in addition to being shown on the survey. Also, location of existing fire hydrants on or adjacent to the site. 21. Location of additional fire hydrants, to meet standards set forth in Article X, Section 16 of the Subdivision and Platting Regulations. 22. Fire flow calculations justifying line size for both on/off site water lines. 5 23. Sealed engineering drawings for proposed utilities, as per City specifications. 24. Information regarding form of ownership (condominium, fee simple, lease, etc.). 25. Location and orientation of garbage cans or dumpster facilities. All garbage dumpsters must be so located to provide direct access for the City front-endloaders, and the dumpster area must be provided with adequate width and height clearance. The site must be so designed to eliminate the necessity for the front-end loader to back into any street. If any use requires the disposal of wet garbage, a ten foot by ten foot (10' x 10') concrete slab shall be provided. All dumpsters must be screened and landscaped in accordance with the City Landscape Code (see Sec. 7.5-35(1)). A minimum 10-foot wide opening is required for dumpster enclosures. 26. A parking lot design and construction plan showing conformance to the City Parking Lot Regulations, and including the following information. Any exceptions to the Parking Lot Regulations that are proposed for that are continued will require an application for variance to the Parking Lot Regulations. a. Location of all parking and loading facilities. b. A parking lot layout plan, including curbs, car stops, and double striping. c. A cross-section of materials to be used in the construction ofthe parking lot. d. A lighting plan for the building exterior and site, including exterior security lighting, and lighting for driveways and parking lots; to include the location of lighting standards, direction of lighting, fixture types, lamp types and sizes, and average illumination level(s) in foot candles. e. Information showing conformance with the City Street and Sidewalk Ordinance, including construction of sidewalks along adjacent public streets. f. Location of existing and proposed public and private streets, including ultimate rights-of-way. g. On-site traffic plan, including arrows and other pavement markings, traffic signs, and stop signs at exits. h. Location of handicap parking spaces, plus signs and access ramps, consistent with the State Handicap Code. 1. A drainage plan for the entire site, including parking area; to include finish grade and pavement elevations, drainage calculations, and details of the drainage system. If the total impervious area on site exceeds twenty-five thousand (25,000) square feet, then drainage plans and calculations must be prepared by an engineer registered in the State of Florida, and must be sealed. Percolation tests must by provided with drainage calculations. 6 :',OV 2 , 2001 ,-- i --__-I I --- j J. Existing elevations on adjacent properties, and on adjacent rights-of-way. 27. Where conformance with the County's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmentally Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal ofthe site plan to the City. 28. Submit a traffic impact analysis for the proposed use. The analysis shall comply with the Palm Beach County Traffic Performance Standards Ordinance. Six (6) copies of the analysis shall be submitted with all conditional use applications. NOTE: Failure to submit traffic impact analysis in the manner described above may delay approval of the site plan application. 29. In addition to the above requirements, the following items shall be submitted to the Planning and Zoning Division no later than the site plan deadline: a. One copy of colored elevations, not mounted, for all buildings and signage to be constructed on site. These elevations must be of all sides of each type of building and signage proposed and the colors proposed must be accompanied by a numerical code from an established chart of colors. b. Elevations must also include information related to building materials. All elevations must be submitted on 24" x 36" drawings. Buildings constructed will be inspected on the basis of the elevations submitted to the City and approved by the City Commission. Failure to construct buildings consistent with elevations submitted will result in the Certificate of Occupancy being withheld. c. A transparency of the site plan (maximum size of 8-112" x 11") or 8-1/2" x 11" reductions of submitted plans to be used at public hearings. However, the Planning and Zoning Division will not be responsible for poor quality transparencies which result from the submission of poor quality site plan blueprints, and poor quality transparencies will not be presented to the Planning and Development Board or CRA and City Commission. d. Colored photographs of surrounding buildings (minimum size 8" x 10"). 30. Any other engineering and/or technical data, as may be required by the Technical Review Committee to determine compliance with the provisions of the City's Code of Ordinances. Any of the above requirements may be waived by the Technical Review Committee, if such information is deemed to be non-essential by the Committee. IV SITE DATA ; ~\ The following information must be filled out below and must appear, where applitable,-olla:ll copies of the site plan. .~OV 2 ,2OOf i. : , -...---j 7 1. Land Use Cate20rv shown on the Comprehensive Plan Future Land Use Map: C~rcial and residential (residential is currently underqoinq a zoning change to ccmnercial) 2. Zonin2 District C2 and R2 (R2 is currently undergoing a zoning reclassification) 3. Area of Site 45,302.4 4. Land Use _ Acrea2e Breakdown: Crnmercial 34,000 sf +/- and Residential 11,470 sf +/- a. Residential, including .26 acres site surrounding lot area or grounds b. Recreation Areas * (excluding water area) -0- acres -0- c. Water Area -0- acres -0- d. Commercial 1.04 acres 100 e. Industrial -0- acres -0- f. Public/Institutional -0- -0- acres g. Public, Private, and Canal Rights-of-Way -0- acres -0- h. Other (specify) Utility eaSEment .03 acres .00006 1. Total area of Site 1.04 acres 100% of site is % of % of site % of site % of site % of site % of site % of site % of site Including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover a. Ground Floor Building ("building footprint") A/368" ~80 sq. ft. ~ 9 % of site Area !~ ! .-~...,._~' Ii JV 2 ,. !l - ---------1 'J b. Water Area -0- sq. ft. % of site c. Other Impervious Areas, including paved area of public & private streets, paved area of parking lots and driveways (excluding landscaped areas)and sidewalks, patios, decks, and 8 athletic 32,190 courts sq. ft. % ~ of site. NOV 2 I 2001 , . .! d. Total Impervious Area 37,190 R? % oTsrte- sq. ft. - e. Landscaped Area Inside of Parking Lots (20 sq. ft. per interior parking space required--see Sec. 7.5- 35(g) of Landscape Code). 3,370 sq. ft % of site f. Other Landscaped Areas, excluding Water Area 877 sq. ft. % of site g. Other Pervious Areas, including Golf Courses, Natural areas, Yards, and Swales, but excluding Water Areas 0 sq. ft. % of site 6. h. Total Pervious Areas 1. Total Area of Site Floor Area a. Residential b. Commercial/Office c. Industrial/Warehouse d. Recreational e. Public/Institutional f. Other (specify) g. Other (specify) h. Total Floor Area 828 sq. ft. % of site 45,470 sq. ft. 100% of site sq. ft. ~ +-,3GB- 4(g to . sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. ~ -4,36~ 4 (p~O , sq. ft. 7. Number of Residential Dwelling Units a. Single-Family Residential -0- dwelling units b. Duplex dwelling units c. Multi-family (3 + attached dwelling units 1) Efficiency dwelling units 2) 1 Bedroom dwelling units 3) 2 Bedroom dwelling units 9 4) 3+ Bedroom dwelling units d. Total Multi-Family dwelling units e. Total Number of Dwelling Units -0- 8. Gross Density -0- dwelling units per acre 9. Maximum Hei2:ht of Structures on Site 25 feet 2 stories 10. Required Off-Street Parkin2: Calculation of Required Parking Spaces Off-Street Parking Spaces 54 Number of Off-Street Parking Spaces Provided on Site Plan 54 40 54 RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances ofthe City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this d- (st day of tJOJetk.W 9~4"~~C)~ Applicant I 10 I\JOV 2 I 2001 : c....-' i ---------...,---.J I ..__._.J NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL BOARD OF ZONING APPEALS VARIANCE All applications received by the City of Boynton Beach shall be accompanied by the list of names and addresses of all property owners within four hundred (400) feet of the subj ect property. Applications will not be accepted without these mailing labels and addressed envelopes CONTACT: PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE ATTN: MAPPING DNISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 AFFIDAVIT STATE OF FLORIDA ) ) ) S.S. COUNTY OF PALM BEACH BEFORE ME THIS DAY PERSONALLY APPEARED 5c;:.-ff Outber DULY SWORN, DEPOSES AND SAYS: , WHO BEING That the accompanying Property Owners List is, to the best of his knowledge, a complete and accurate list of all property owners, mailing addresses and legal descriptions as recorded in the latest official tax rolls in the County Courthouse for all property with Four Hundred (400) feet of the below described parcel ofland. The property in question is legally described as follows: Nav 2 I 2001 SEE ATTACHED EXHIBIT "A" FURTHER AFFIANT SA YETH NOT. ~ ..~~_~. ___. ,. _n_ __ . ---__ _J n ST Sworn to and subscribed before me tbis ...1 d~ 11 tI A.D " 20 11 . ~~ ~~. · Notary Public State of Florida at Large 5~ "N.\Of/:.. ~E - \.l~\l\ My Commission Expires: _ 20 NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS Please be advised that all applications for the following land development orders and permits which are submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation, park, and road facilities) would be available to serve the project, consistent with the levels of service which are adopted in the City's Comprehensive Plan: Building permit applications for the construction of improvements which, in and by themselves, would create demand for public facilities. Applications for site plan approval. Applications for conditional use approval. Applications for subdivision master plan approval. ~JJ L I 2001 --J'-/l ,..--._J Applications for preliminary plat approval. Applications for final plat approval. Applications for rezoning to planned zoning districts. Applications for revisions to any of the applications listed above, which would increase the demand for any public facility. Any other application which, in and by itself, would establish the density or intensity of use of land, or a maximum density or intensity of use ofland. * Applications for development orders and permits submitted after February L 1990 and which generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic Performance Standards Ordinance, unless exempt from that ordinance. Please be advised, however, that the following applications will be exempt from the Concurrency Management Ordinance, pending final approval of this ordinance by the City Commission: 12 Applications for the development of property which was platted on or after January 13, 1978 and either the final plat or the preliminary plat and Palm Beach County Health Department permit applications were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the general use which was intended for the property at the time of platting. Applications for the development of property which was platted prior to January 13, 1978, the area of the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net vehicle trips per day. Applications for building permit, if a site plan or conditional use application was submitted prior to June 1, 1990 and subsequently approved and the site plan or conditional use has not expired. Applications for the development of property within an approved Development of Regional Impact, and which are consistent with the approved DRI. Applications for approval of final plats, if the preliminary plat and application for Palm Beach county Health Department permits for utilities have been submitted prior to June 1, 1990. Applications for revisions to previously approved development orders or permits, which do not increase the demand for any public facility. Please be advised that these exemption rules are tentative and will be subject to final approval by the City Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management Ordinance, please contact the Boynton Beach Planning Division at (561) 742-6260) Rev. 10/16/01 J,\SHRDATA\Planning\SHARED\WP\FORMS\APPLICATIONS\COUS\Revised Conditional Use app-03-26-0l.doc NOV 2 I 2001 I~i L ~C.) J I ,.---......- -.-.-- J 13 EXHIBIT "A" NAMES, ADDRESSES, ETC. 1. Anthony Mannino 3015 S. Ocean Boulevard, Apt. 4A Highland Beach, Florida 33487 Phone: (561) 265-2903 2. August Vultaggio 17782 Fox Borough Lane Boca Raton, Florida 33496 Phone: (561) 654-7777 3. Giuseppe Vultaggio 8241 Hampton Wood Drive Boca Raton, Florida 33433 Phone: (561) 218-0574 4. Pietra LoPiccolo 410 N.W. 4 Avenue Boca Raton, Florida 33431 Phone: (561) 347-7636 5. Salvador H. Sentmanat 633 N.W. 1st Avenue Boynton Beach, Florida 33426 Phone: (561) 734-0760 6. Norma T. Sentmanat 633 N.W. 1st Avenue Boynton Beach, Florida 33426 Phone: (561) 734-0760 O:\Krik002\Exhibit A.Names-Addresses.wpd I L I '"----.-..-...... I~UV 2 I 20DI ! i..,,' .---J i '~"--''''-__ J EXHIBIT "B" LEGAL DESCRIPTION The Easterly 1 0 feet of Lot 1 0, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida; and Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit B.Both Legals.wpd L.. NOV 2 , 2001 !; ! i '.-.' _.--.J I ! ; ..............-_~-..-_-_._>~~. I .J CERTIFICATE OF TITLE I, MICHAEL S. WEINER, ESQUIRE, do hereby certify that to the best of my knowledge, the current fee simple title holders of record for the subject property attached hereto as Exhibit "A", within the Quit Claim Deed attached hereto as Exhibit "B" and made a part hereof are ANTHONY MANNINO, as to fifty percent (50%) interest, and AUGUST VULTAGGIO, as to 16.67% interest, GIUSEPPE VULTAGGIO, as to 16.67% interest and PIETRA loPICCOLO, as to 16.66% interest, whose post office address is 1501 N.W. 2nd Avenue, Boca Raton, Florida 33432, called Grantee. Dated: November $,2001 0:\Krik002\Certificate of Title.2nd.wpd NOV 2 I 2001 i. ,- I I l .d---1 \ _ ____J EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 40 feet of Lot 10 and all of Lot 32, Block 2, LAKE BOYNTON ESTATES, PLAT 1, and Lot 9 and Lots 19 through 21, inclusive, (less North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES PLAT 1, all according to the Plat thereof as recorded in Plat Book 13, Page 32, of the Public Records of Palm Beach County, Florida. O:\Krik002\Exhibit A.Man.wpd Nav 2 J awl : I'."" ..-J ....-._._.1 l'RBPUBD BY AND Ui'DRN 'lOa JeUil.y A. Levine, .sq. 4000 B. l'edera1 Highway, Suite 2t!1 Boca Raton, I'lodda 3343'1 . Tax 1'01io No. Q'OI'l' CLAm DEED '1'BJ:S QUIT CLAm DJmD, 'made this.l!::JJ:Jl day of August, 2001, between AN'J.'aONY MANN'Dl9' TRUSTEE, whose wst office address is 3t:J1.f S. t?~.,~~) 1Ih.~ f/- 11;;"--,,;/ !/,"!/'fblJ Dr!''-; .J.i(/$A hereinafter called G~antor, and Am:'BOft ~O, as to SOlls perce~t ,interest, and AUGUST VOL'l'AOO:IO, as to 16.67lls interest, amSB1'l'll VOL'l'AGGJ::O, as to 16.67lls interest an~ PJ::Il"rRA Lol'J::CCOLO, a. to 16.66% interest, whose post office address is 1501 N.W. 2nd Avenue; Boca Raton, 1'10rida 33432, called Grantee. WJ:'1'NESSE'rH That the Grantor, for and in consideration of the 'sum of Ten ($10.00) Dollar.s to ,them in hand paid by the Grantee, the receipt whereof is he~ acknowledged, have granted, bargained and sold to the Grantee, his successor.- and assigns forever, the following 'described property, lying and being in Palm Beach County, Florida, to wit:' , ........ Lot. 39 and 31, Block 2, LUll BonrrON BS'l'A'l'ES, and the West 40 feet " of Lot 10 and all of Lot 32, Block 2, LAD BODrrON BS'l'ATIlSJ PLAT 1, . . and Lot 9 and Lots 19 through 21, inClusive, (less North 10 feet for StateXoad804 Right-of-Way and %-95 Right-of-Way), Block 2, LAXB BOD'rON UTATBS PLA'l' 1, all according. to' the P1.t thereof as recorded in Plat Book 13, Page 32, of the Public Records of Pa~ Beach County, 1'10rida. " \ . , \ \.NO'Dl TO CLBRlt. 'l'his is a transfer of a partial interest in the real e.tate of the ~st from the trust.. to the beneficiaries of 'the trust. ,Therefore, only n~na1 documentary stamps are due as a result of the transfer. To have and to hold the same together with all and singular . the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said G~antor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. IN WITNESS WHEREOF, the said Grantor has signed and sealed these pres~ts the day and year first above written. ,'" \:UV' 2 I 2001 gnat h--9tr~Q-A /A" ~/O 2nd 'Witness Print Name .___i CERTIFICATE OF TITLE I, MICHAEL S. WEINER, ESQUIRE, do hereby certify that to the best of my knowledge, the current fee simple title holders of record for the subject property attached hereto as Exhibit "A", within the Warranty Deed attached hereto as Exhibit "B" and made a part hereof are SALVADOR H . SENTMANAT and NORMA T. SENTMANAT, his wife. Dated: November -4l, 2001 O:\Krik002\Certificate of Title.wpd JV / I 2001 ....---, EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11 , the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. O:\Krik002\Exhibit A.Sent.wpd I ,'/ ~ I 2001 ____ _f PrInted .. Altomeyl' nUt IlIIIlrInce .j '" .. Fund, III(., Orlando, FIodda Rtlum Iu: JAMES J. MORAN, ISQ. N_. .__ _1UW>.&....GIU~fUIL" ..,QJAN Addrus.. . . .~QS'1' . O~F.ICa..'>>Mq1\ .10 . ... _........ SQn;~.N ...IlBACH,..lJo. .33425 This instrumt!nl W;U prep.>red I>y: N~ml' JAMES J. HORAN ^ddr~~ REED, GRIFF1TH , MORAN POST OFFICE DRAWER 10 BOYNTON BEACH, FL 33425 JAN-04-19S8 03:49PM 88-001086 ORB 5534 1'9 1373 Con 97,500.00 Doc 536.25 JOHN a DUNKlE,CLERK - PB :cv.m: R. \ . . . _.--- -. -- -- .-. . .... - l~~ ab..,... Ihi.lin. fur M:1,.n!inll dotla' . . . -.....-. WARRANTY DEED (STAntrORY FORM - SE~ON 689.02. f.5;) This Indenture, m.td...lhi~ ..3" ~ d.1y <:It oece~er, 1987. Between ROBERT L. YOST, a married man, conveying separate, non-homestead real property, whose residence address is 2554 Avenue Au Solei1, Gulfstream, F1orJ.da ]3483, . ciffhl'(ounly l. Palm Beach . .51.....( Florl.da .granlor'.and SALVADOR H. SENTMANAT and NORMA T. SENTMANAT, his wife, whu"... post "fflC'" oIddn.'lo~ is 633 N. W. 1st Avenue, Boynton Beach, uf Ihl! CUllnlr ,.r Palm Beach ,Stat... "I Florida 33435 f Rrd"ll-(,., Witnesseth Ihal SdiJ I;rantur. (ur ..nd in c"n~id<'r..liun ,1{ th... "UIll "I -------------- TEN and NO/IO.O ($10.00) ---------------------D11I.1rs. oInd ,,'(h,'r j;..."d .m" ,',du..bl,' .'(_id,'r..lilln~ III ....id ~rolnlllr in h.md ",'id to~- ~~id l'r~nt'.." Ih.. m..,ojrt wht'rt'llf is h"",toy oICkll...wled~..od_ h~ lIr,,:ut~d. bat):olin<od ..In.! ",old ... lhe "-lid I:r~nl<.... .IlloJ I:r"/ll<:...~ h'"lf~ ..nu ...""iWl-... tUn.'Wf, Ih~ 1..IIo..i~ dl-.criblod I.1nd. "itu..I<', I)'in~ and bl'inll in Palm Beach (.-,.unl)'. ~1,1fida. III.wlt: The ea;'terly 10 feet of Lot 10, all of Lot 11, 'the \iesterly 15 feet of Lot 12, And that portion of Lot S and the westerly 15 feet of Lot 7 lying southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida, together with improvements located thereon. 'SUBJECT TO easements, reservations and restrictions of record and to taxes subsequent to the year 1987, SUBJECT FURTHER to Mortgage dated May 1, 1987, in favor of MARR J. BRISSON, in the original principal sum of $74,000.00, recorded in Official Record Book 5267, Page 3~9, Public Records of Palm Beach County, Florida, which Grantees herein hereby assume and agree to pay. and said tV.InIOl' .KM.'S hen-by (ully l\"arr.tnllhf titlt' 10 ...id land. and will dl.'fl!nd thl' lo.'me "l\o1ln,,1 Ih.' Lndul claim~ u/ ~II 1'fl'IOl1!l wMlmsuev~. "'Granl"r" ..nd Hganlef" .no ~ rur lIin~ul..r or plura" as c....lnl n."qui........ reaf, llr.tntor has ~nlo sd~I"r's> d and lIt...1 th... doty and ~..r ArlIl ..buff' wrilten. red In our pl't.'5ftlCf: " I';?#-' -.. -- .-...---- If.~.t/_. .-..' .....-..- - (Stall ._..... ...___ ._.__... _. .., __.. _._ lStal) ...._ ..._____ ...._.. .__.___ !Seal) u. ...... ... _. '''_' .._____.._...___(Stal) ; ~ i STATE OF FLORIDA COUNTY OF PALlo1 BEACH I HEREBY CERTIFY that on Ihls day belore me. an offi<<f duly qualified 1<' wlw .('know~lMnl" persoNU)' appeared ROBERT L. YOST, a married un, conveying separate, non"'1?-omestead real property, .. .' III me'TUlowrilo 1'M! penon(sl described In and who execuled tIw fo~olnK Instrumenl.and ackhoWhldged bffore me tltil he.. ~ted IMsamf. . ~.,..,.' ': WITNESS I\y lunclllld offIclallNlln the Coanty and 5 aforesaid Ih~ ~ -4a (J( c8tllber. 19 87. ... . : ("vl L. I 2001 My commission expires: Mabry PuhIic. StIle of fIatiia M, c..isslOtl &piu Mar 26. It90 ..... .... r....le!Il..... '-to _ ECORQ VERIFIED 8EACHCOUNTV. F&A. JOHN.. DUNIU CI.EAK CIACUT COUIn' ,.IV,lW' AGENT CONSENT FORM STATE OF f JOII~d\ COUNTY OF edtv'\!! te~ / - OfUI^'n.\) O,[ec..-b" BEFORE ME this day personally appeared J;-n-.e.s Co~'1 ~ II 0 , PrcsiaGAt of KRISPY KREME OF SOUTH FLORIDA, LLC, who being duly sworn, deposes and says that: 1. He has the authority to provide this Consent on behalf of KRISPY KREME OF SOUTH FLORIDA, LLC 2. KRISPY KREME OF SOUTH FLORIDA, LLC is the Contract Vendee of the real property ("Property") described in the attached Exhibit "A". 3. KRISPY KREME OF SOUTH FLORIDA, LLC duly authorizes and designates Gee & Jenson c/o Scott Barber to act on the behalf of KRISPY KREME OF SOUTH FLORIDA, LLC for the purposes of the Land Use Amendment and Re-Zoning, Conditional Use, and Site Plan applications involving the real property legally described in Exhibit "A". 4. He has examined the foregoing applications and he understands how the proposed change may affect the real property legally described in Exhibit "A". FURTHER AFFIANT SA YETH NOT. ~ --:s---. e: J,tMec, Cofol/lh ,,1.. , e: Prc3i<fel'1rt'of GKRISPY KREME OF SOUTH FLORIDA, LLC l(~'J.) 6e/lt:Jet2 51. Street Address Adf-J.tJ , /J If /L(d.1- ) City, State, Zip Code 7/h- (:;3V-JIJI Telephone ~ The foregoing instrument was sworn to and subscribed before me this K day of 2001 by ,:) (1-f'<"-8S Cr'!>ENcraJO ""'~'P"'" MICHAEL S. WEINER /~t:''if:o MY COMMISSION # CC 954585 ~ ~':.f~ EXPIRES: July 12, 2004 . I "l,~;;;"W~ Bonded Thru Notary Public Underwriters \~ "'f1U~ !,:"" Print, Type, or Stamp Commissioned Name of Notary Public My Commission Expires: Personally Known _ OR Produced Ic;lentification ~ __ Type of Identification Produced "\)Q..J V 81Q ... S L\ c....6NSb O:\Krik002\Agent Consent Form.Krispy.wpd uov .) n.- i. I 2001 ". : EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida; and Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit A.Sent-Man.wpd :", ;,1 "I j J\'jiJY L , 2001 I ! -_..1 -"."----j AGENT CONSENT FORM NOV ~ I 2001 STATE OF ~o-e'M COUNTY OF 'IC /~ 8-(,~t:- ij BEFORE ME THIS DAY PERSONALLY APPEARED NORMA T. SENTMANAT WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. Owner's Signature ,_!b _, ;/-~ _ " d B!t!iR!M8-~/JT Owner's Name (printed) h _'3 3 IV ~ti /51/9ye ~y J1J!il1 Bp/!9-c/y o er's Address NAg (Printed) ,~/"'/"~ l;) l r;S~(/I7;t//IJ . STATE OF ~~/~ COUNTY OF -;f, m ~ 4C:::: l"i' -C~ ~<.L _ _ The foregoing instrument was sworn to and subscribed before me this/..:J day of W-<'4-: ~ 2001 by Norma T. Sentmanat. Signature of tary Public-State ~ ~~--J d{~~~ ~~ Print, Type, or Stamp Commissioned Name of Notary Public F' / IJ- ~3 3 <Lc2 ~ City, State, Zip Code 56}) .'73 If/-v' 76tJ Telephone My Commission Expires: ? /0 . c5?,(.Z.-o"-l Personally Known~ OR Produced Identification Type of Identification "tUh" C l~~1ffi;;;::"" crole Sussman ;*: :*1 MY COMMISSION # CC954404 EXPIRES '~'. .....:;,'/ September 10, 2004 . ~nN.~'O T"q" TROY fAIN INSURANCf.INC EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. 0:\Krik002\Exhibit A.Sent.wpd NOV 2 I 2001 AGENT CONSENT FORM STATE OF fjj~MA', .' COUNTYOFL VAC'I/ BEFORE ME THIS DAY PERSONALLY APPEARED SALVADOR H. SENTMANATWHO BEING DULY SWORN, DEPOSES AND SAYS THAT: , ")1, I /. 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all ofthe following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. Owner's Signature 4~~-vJ-i' d. ~~M~L' By: S;,/~...{ Jdi1 ;,y. _rC,v 7';t1,q,tlA r Owner's Name (Printed) ~ 3.~ ,;. :>>. /~r.:- l3u /.'17 d,i) lYe./}' (" #' . Owner's Address ~".. //7 I"" I~_ . /7 b>O~-lfd:>J e u d,', f/.llY";' 6 City, tate, ZIp Code s'"{.: /' 7.];/ Cl 7 C; (} Telephone STATE OF ~R/~ COUNTY OF L/h I/.1c If The foregoing instrument was sworn to and subscribed before me this/J-~ay Of~~ 2001 by Salvador H. Sentmanat. ~ Signature of Notary Public-State ~AdJ......, Print, Type, or Stamp Commissioned Name of Notary ~ . ~ tUl7" Public ~~ My Commission Expires: . /t!'.? OJ ,(1A.A~~ /,,(~ Pe~ally ~wn.~ OR Produced Identification . Type of Identlflcabon Produced ,/i!o:",r;.~:,;~~ Corole Sussman ;*/J.;,"' ~~ MY COMMISSION # CC954404 EXPIRES ~.~.~.: September 10,2004 "'~P.f..r..<:t", BONDED THRU TROY FAIN INSURANCE, INC. EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. O:\Krik002\Exhibit A.Sent.wpd Nav 2 r 2001 - .1 AGENT CONSENT FORM NQV ~~ I 2001 STATE OF ~f~-Y~ COUNTY OF CL.l.<<\ ~e....- BEFORE ME THIS DAY PERSONALLY APPEARED GIUSEPPE VULTAGGIO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. Owner's Signature I /.. . ~ ~J~' ~ ~- !f{;-re- f f/ 'it - - A _ f1ftD o er's Name ( rinted) ~ 2- ~ I H ~ nYl U)6U r,( 0 f I Ii e- Owner's Address 00tot. K'ctJuY\ I F L 3 ~ ~ ?> ?:> City, State, Zip Code STATEOF ~/~~ ,.0'11 . COUNTY OF ;GA~/n /JrtllCr/ ['4- ~ The foregoing instrument was sworn to and subscribed before me this/-'=? - day of .... ~ 2001 by Giuseppe Vultaggio. . Signature of Notary Public-State ~~ ./ .~b/ 2- rq-Of)7 l' Telephone Print, Type, or Stamp Commissioned Name of Notary /7 . ~'lJ Public ~ My Commission Expires: '7 AJ, O? 7 Pe.@Qnally !S!!gwn ~ OR Produced Identification Il~--ZJ Type of Identification Produced ~~~rU~~ Carole Sussman N"Ji.'\*~ MY COMMISSION # CC954404 EXPIRES ~.~.~:; September 10,2004 "'~,Cff..i\-~" BONDED THRU TROY FAIN INSURANC~ INe. EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. ,,"uv 2 I 2UOi L , ..J i L_,__, i _"."_ .J O:\Krik002\Exhibit AMan,wpd AGENT CONSENT FORM " c' I :.;. I ')U. 01 ~":J\j M.- L STATEO~~ COUNTY OF (YQ-?:rr1 a~~ ...1 BEFORE ME THIS DAY PERSONALLY APPEARED ANTHONY MANNINO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit "A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. ~~~ By:$- H TI'-/o IV y ,/"114 jV /v/ /v <::> Owner's Name (Printed) -' ~f. . c edger (Printed) \ ~/~,ec)'_;;.ffh71f;Z/ v . "3 0 I>~ SO. c:z;.C/v M 6'L. VeJ /l Pt ?f 11 Owner's Address 1I/6/(/-.-# /V () ~ C/Y- ell fZ/1 City, State, Zip Code~3 Lf 8 '7 56/ ~65 -.;( 903 Telephone (\ ~./... . STATE OF '~~--..) COUNTY OF (Va1~ rl MC40 The foregoing instrument was sworn to and subscribed before me this /.5C?; day of >c ..:U.(-"-?'n~~""'" 2001 by Anthony Mannino. ------- Signature of Notary ~~tate Of~~~ ./ ~~~- Print, Type, or Stamp Commissioned Name of Notary Public My Commission EXP~ C;. /0 '" ....J,()..cJ~ Personally Known OR Produced Identification Type of Iderillfication Produced l;'~I\i\~ort.t< Carole Sussman f*;' ':*% MY COMMISSION # CC954404 EXPIRES ~'" ..~~"l September 10, 200.. "~,'ff..i\lt" BONDED THRU TROY FAIN INSURANCE.INC. EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. 0:\Krik002\Exhibit A.Man.wpd ;-. !'JV ;) I 2001 AGENT CONSENT FORM ~,/ ~ I ;~OOI STATE OF Flont~ COUNTY OF PClIn'\ 6eatl,,-- BEFORE ME THIS DAY PERSONALLY APPEARED PIETRA LoPICCOLO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. Signature of Acknowled r Signature of owl ger N . owledger (Printed) J' /' \/E/~~7 Jr.,'Jf//7I(!/!_' By: Owner's Name (Printed) ./;//0 JJU/ It 1)[/ , Owner's Address ~~1~J .~ rOU FL 7>41l City, State, Zip Code 5T ATE OF ~.... i..:'~ COUNTY OF 'If h L7c-/j '-~ ~ The foregoing instrument was sworn to and subscribed before me this L:.:2.- day OfZ~~ 2001 by Pietra LoPiccolo. Signature of Notary Public-State ~~~ ./ --36,/ ,5<{ ( /6'26 Telephone Print, Type, or Stamp Commissioned Name of Notary C? 'C/ \ -...1 dA'}c/ Public My Commission ~XPir s: A '.L..<'~ Pers~nally tS!J.gw _ OR Produced Identification Type of Identification Produced ......to~'."'", Carole Sussman {fr"~ MY COMMISSION # CC954404 EXPIRES ..*. . . ~:. :JE September 10,2004 ~:r.....;Jl;,l BONDED THRU TROY FAIN INSURANC~ INC- , I,Rf"f:\" EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. 1,.n'V I). '-., '''1 ":j L I iuGI O:\Krik002\Exhibit A.Man.wpd AGENT CONSENT FORM STATE OF f\()Yl~ COUNTY OF (7a.ln\ ~ ~'fN f. I 2001 BEFORE ME THIS DAY PERSONALLY APPEARED AUGUST VULTAGGIO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all ofthe following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. edger (Printed) \./G~/'~6')' ~ 4Jf~?J4'./ '9 1'1'1 62 fO')( B6Y"61lPr Owner's Address tXJCCL RaJt", I ti- 3:$4 c1 (P City, State, Zip Code STATEOF $'Yk/~ COUNTY oF' j() /fl, r',t/L If The foregoing instrument was sworn to and subscribed before me this IDay of ~~ 2001 by August Vultaggio. ...... ~ ~ Signature of Notary Public-State ~U~ S1p\ - ~5'I-7111 Telephone Print, Type, or Stamp Commissioned Name of Notary C /".1 ~-CI/ / Public ~ & My Commission Expi~s: ?' '/V \ J /< y Personally Known~ OR Produced Identification /C4/cL-<__ ~~ Type-of IderWfication Produced - l~A')f.~f~~. Carole Sussman ~*:' ':*1 MYCOMMlSSION# CC954404 EXPIRES ~'" . ~~'<l September 10, 2004 -'t.9f.,i~:t-" BONDfD THRU TROY FAIN INSURAHCf, lNC. EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 40 teet at Lot 10 and all at Lot 32, Block 2, LAKE BOYNTON ESTATES, PLAT 1, and Lot 9 and Lots 19 through 21, inclusive, (less North 10 feet tor State Road 804 Right-at-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES PLAT 1, all according to the Plat thereat as recorded in Plat Book 13, Page 32, at the Public Records at Palm Beach County, Florida. f\; ( :',.' (. r-; -, ...., 1_' . O:\Krik002\Exhibit A.Man.wpd ^i{h_i\ I r' ( I 2001 ASSrGltKElIT AND ASS'DlIPT:tOIr AGRBEKBNT THIS' ASSIGltHBKT .um 'ASSUKP'l'IOIlT AGRBBKBn ( "Agreement" ) entered into this 21st day of .November, 2001, by and :between DJDUig Do':lqhnuts Florida R~al~y, Inc., a Florida corporation. C-A$siqnorn), and Xrispy 1Cr... o1!South Florida LLC, a. Florida' limited liability .:::ompany ("Assignee'l) . RECITALS: A. Assiqnor and August and Joseph Vultaggio entered into a Purchase' and Sale Agreement dated July 16, .2001 (the "Purchase Agree-: ment"), the terms of which Purchase and Sale Agreement were cOl1fiJ;med and acknowledged by Antb.ony Mannino, Trustee.,-.. and Pietra LoPic(:olo by a Confirmation of Contract dated August 10,. 2001. . B~ Assignor d~sires to assign to Ass.ignee, and Assignee .c~e5ires to assume the riqhtsl duties and liabilities o~ Assignor under the Purchase Agreement. . AGR.EEHE.HT: NOW, THEREFOn, in consideration ot the foreqoinq premises / '':::'':::.c_ mutual promises and covenants herein contai~ed, and other go~d and valuable consideration, receipt of which .are hereby acknowledged, Assignox: and Assignee do hereby aqree as follows: 1. Ass1qnaent. Assignor assigns all its rights and interests in and to the Purchase Agreement to Assignee, effective as of tbe date of this Aqreemen~. 2 · A88UJ1l1Jtion. Assignee. hereby assumes all obligations, agreements, commitments, liabilities and d~ties under the ~~chase Aqreement, including all payments reqUired thereby and agrees to be bound by and comply with all terms and conditions of the PU::'C~2~,:: Agreement with the same force and effect 'as if it was orig:lnally executed by Assignee. . In Wi tness Whereof, the Assignor and the Assignee have executed this Agreement as of the day and-year' first written above. ASSJ:G1fOa I D7D_i DougDuts FJ.ori.sa Realty, a FIo i a corporation ~ ~--- IDe. , By: U mes A. Cosentino resident A88ICUlBJU Ui8PY n_. of south Florida LLO, a Florida limited liability company By: ~__ 6:: ~ as A. Cosentino perations Director AS8XGKHENT AND A88UNPTYON AGRB~ THXS ASS:IGBKEJrr UD A8S'OKPTIOlf AGalfRJJDT ("Aqreement") entered into this. 21st day of November, 2001, by and .between Dynamic Doug-outs Florida Realty, :Inc., a Florida corporation ("Assignor"), and Krispy Kreme or South Florida LLC, a Florida limited liability oompany ("Assignee"). RECITALS: A. Assignor and Salvador H. Sentmanat and Norma T. Se:'1tmanat entered into a Purohase and Sale Agreement dated July 16, 2001 (the "Purchase Agreement"). B. Assignor desires to assign to Assignee, and Assignee desires to assume the :rights, duties and liabili ttes of Assignor unc~er the Purchase Aq~eement. AGREEXZlf'1': NOW, TKUEFORE, in consideration of the foregoing premisEls, the mutual promises and covenants herein contained, and other good and va.luable considera1:ion, receipt of vhich. are hereby acknowled.ged, Assignor and Assignee do hereby agree as follows: 1. AS8ianment. Assignor assigns all. its rights and interests in and to the .Purchase Agreement to Assignee, effective as of th.e date of this Aqreement. ,2. Assumption. Assignee hereby assumes all obliqations, agreements, commitments, liabilities and duties under the Purchase Agreement, inclUding all payments required thereby and agrees to be bound by and comply with all terms and conditions of the PU:l:'chase. Agreement with the same force and effect as if it. was oriqtnally execute~ by Assiqnee. In Witness Whereof, the Assignor and. the Assiqnee have executed this Agreement. as of the day and year first written above. ASSXGJfOR: Dynamio Doughnuts ~1ori4a Realty, :tnc.." a Flor-' co~oration By: I ~ . N(..J\/ " I (1'jfV . '1 LL.", ASSIGJIlEB: ~i8pY ltreme of South Florida LLC:, a Fl a limited liability company ~ es A. Cosentl.no erations Director ~ City Codes Accessed via Website www.bovnt~each~org. www.amlega1.comlboynton_beach_fl HAS APPLl9ANT A rrENDED A PRE-APPLICATION MEETING? DATE: CITY OF BOYNTON BEACH, FLORIDA ,.; ! PLANNING & DEVELOPMENT BOARD LAND USE AMENDMENT AND/OR REZONING APPLICATION This application must be filled out completely and accurately and submitted, together with the materials listed In Section II below, in two (2) copies to the Planning Division. Incomplete applications will not be processed. PLEASE PRINT LEGIBLY OR TYPE ALLINFORMATION. I. GENERAL INFORMATION 1. Project Name: Krispy Kreme - Boynton Beach Blvd. 2. Type of Application (check one) x a. Land Use Amendment and Rezoning b. Land Use Amendment Only c. Rezoning only 3. Date this application is accepted (to be filled out by Planning Division) 4. Applicants Name (person or Business entity in whose name this application is made) Krispy Krane of South Florida, LI.C Address: 4225 Genesee Street ,~uffalo, NY 14225 (Zip Code) FAX: 716-634~6059 Phone: 716-634-2121 5. Agent's Name (person, if any, representing applicant Gee & Jenson c/o Scott Barber Address: One Harvard Circle West Palm Beach, FL 33409 . Phone: 561-515-6641 (Zip Code) FAX: 561-515-6502 " . .",) City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 2 6. Property Owner's (or Trustee's) Name: See Exhibit "A" Address: (Zip Code) Phone: FAX: 7. Correspondence Address (if different than applicant or agent)* *This is the only address to which all agendas, letters, and other materials will be mailed 8. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder, Developer, Contract Purchaser, etc.) Contract Purchaser 9. Street Address or Location of Subject Parcel: Four r:arcels al~ being South of Boynton Beach Blvd. Having a nailing address of 633NW 1st Ave.;3015 S. Ocean Blvd. Apt 4H; 1501 NW 2nd Ave. and 3015 S. Ocean Blvd., No.404' PCN (5) 08-43-45-29-01-002 - (0071) and (0090) and (0101) and (0300) 10. Legal Description of Subject Parcel: See Exhibit "B" 11. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: .62 acres 12. Current Land Use Category: Residential Commercial 13: Proposed Land Use Category: 14. R-2 Current Zoning District: 15. Proposed Zoning District: C-2 16 Intended use of subject parcel: Fast Food Dop~ ~h()p wi +-h rI nri ,\TP-+-hru \ . .,", City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 3 Developer or builder: Krispy Krane of South Flori Or! T ,r-C' . 17. :Peter Russo 18. Architect: 19. Landscape Architect: Gee & Jenson Gee & Jenson 20. Site Planner: Gee & Jenson 21. Civil Engineer: Pinder, Troutman Consulting, Inc. Traffic Engineer: 22. Avirom & Associates, Inc. 23. Surveyor: II. MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall be submitted in two (2) copies, unless otherwise indicated: (please check) La. Lb. ic. This application form. A copy of the last recorded warranty deed. The following documents and letters of consent: J-<1) 1-<2) ~3) If the property is under joint or several ownership: a written consent to the application by all owners of record, If the applicant is a contract purchaser: a copy of the purchase contract and written consent of the owner and seller, and If the applicant is represented by an authorized agent: a copy of the agency agreement, or written consent of the applicant, and _(4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of the owner, and ~5) If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. Jd. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Planning Division, and containing the following information: _(1) An accurate legal description of the subject parcel. City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 4 _(2) A .computation of the total acreage of the subject parcel to the nearest hundredth (1/100) of an acre. _(3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if property is occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. Le. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant, including a tax map showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes must also be provided. Said list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge said list is complete and accurate. Notification of surrounding property owners will be done by the City of Boynton Beach. 1f. 19. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties referred to in paragraph e. above, and their relation to the subject parcel. A statement by the applicant justifying the zoning requested, including reasons why the property is unsuitable for development under the existing zoning and more suitable for development under the proposed zoning. The statement should address the following criteria which the Planning and Zoning Division utilizes in evaluating land use amendment and rezoning applications: 1) Whether the proposed land use amendment/rezoning would be consistent with applicable comprehensive plan policies. The division shall also recommend limitations or requirements that would have to be imposed on subsequent development of the property in order to comply with policies contained in the comprehensive plan. 2) Whether the proposed land use amendment/rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. 3) Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. 4) Whether the proposed land use amendment/rezoning would be compatible with utility systems, roadways and other public facilities. 5) Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties or would affect the property values of adjacent and nearby properties. 6) Whether the property is physically and economically developable under the existing land use designation/zoning. 7) Whether the proposed land use amendment/rezoning is of a scale that is reasonably related to the needs of the neighborhood and the city as a whole. ~ City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 5 8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. _h. A comparison of the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the proposed zoning, with the impacts that would be created by development under the existing zoning, which will include: _(1) A comparison of the potential square footage of number and type of dwelling units under the existing zoning with that which would be allowed under the proposed zoning or development. _(2) A statement of the uses that would be allowed in the proposed zoning or development, and any particular uses that would be excluded. _(3) Proposed timing and phasing of the development. _(4) For proposed zoning of property to commercial or industrial districts, where the area of the subject parcel exceeds one (1) acre, projections for the number of employees. (5) A comparison of traffic which would be generated under the proposed zoning or development, with the traffic that would be generated under the current zoning; also, an analysis of traffic movements at the intersections of driveways that would serve the property and surrounding roadways, and improvements that would be necessary to accommodate such traffic movements. For projects that generate move than five hundred (500) net trips per day, a traffic impact analysis must be submitted which complies with the Municipal Implementation Ordinance of the palm Beach County Traffic Performance Standards Ordinance. (a) For projects that generate two thousand (2,000) or more net trips per day, the traffic impact analysis must be submitted to the City at least 30 days prior to the deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by the City's traffic consultant and Palm Beach County. The applicant shall be billed for the cost of review by the City's traffic consultant. (b) For projects that generate between five hundred (500) and two thousand (2,000) net trips per day, the traffic impact analysis must be submitted at the application deadline for land use amendment and/or rezoning, in order to allow for timely processing of the application and review by Palm Beach County. However, if it is the desire of the applicant to utilize the City's traffic consultant for review of the traffic impact analysis prior to review by Palm Beach County, then the procedure and requirements outlined under item "a" above shall be followed. NOTE: Failure to submit traffic impact analysis in the manner prescribed above may delay approval of the application. _(6) For parcels larger than one (1) acre, a comparison of the water demand for development under the proposed zoning or development with water demand under the existing zoning. Water demand shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such demand, unless a registered engineer justifies different standards. Commitment to the provision of improvements to City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 6 the water system shall also be included, where existing facilities would be inadequate to serve development under the proposed zoning. _(7) For parcels larger than one (1) acre, a comparison of sewage flows that would be generated under the proposed zoning or development with that which would be generated under the existing zoning. Sewage flows shall be estimated using the standards adopted by the Palm Beach County Health Department for estimating such flows, unless a registered engineer justifies different standards. Commitment to the provision of improvements to the sewage collection system shall also be included, where the existing facilities would be inadequate to serve development under the proposed zoning. _(8) For proposed residential developments larger than one (1) acre, a comparison of the projected population under the proposed zoning or development with the projected population under the existing zoning. Population projections according to age groups for the proposed development shall be required where more than fifty (50) dwellings, or 50 sleeping rooms in the case of group housing, would be allowed under the proposed zoning. _(9) At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit proposals for minimizing land use conflicts with surrounding properties. The applicant shall provide a summary of the nuisances and hazards associated with development under the proposed zoning, as well as proposals for mitigation of such nuisances and hazards. Such summary shall also include, where applicable, exclusion of particular uses, limitations on hours of operation, proposed location of loading areas, dumpsters, and mechani.cal equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated 50 as to conform to the performance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the Planning and Development Board or City Commission, the applicant shall also state the type of construction and architectural styles that will be employed in the proposed development. _(10)At the request of the Planning Division, Planning and Development Board, or City Commission, the applicant shall also submit the following information: _(a) Official soil conservation service classification by soil associations and all areas subject to inundation and high ground water levels. _(b) _(c) Existing and proposed grade elevations. Existing or proposed water bodies. _(d) Form of ownership and form of organization to maintain common spaces and recreation facilities. _(e) A written commitment to the prOVIsion of all necessary facilities for storm drainage, water supply, sewage collection and treatment, solid waste disposal, hazardous waste disposal, fire protection, easements or rights-of-way, roadways, recreation and park areas, school sites, and other public improvements or <, City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 7 dedications as may be required. _(11 )For rezonings to planned zoning districts, the specific requirements for submission of applications for rezoning to such districts shall also be satisfied. Furthermore, all materials required for a subdivision master plan shall also be submitted. (12) Where conformance with the county's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmental Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal of the Land Use Amendment and/or Rezoning Application to the City. III. APPLICATION FEES Fees shall be paid at the time that the application is submitted, according to the fees which have been adopted by ordinance or resolution. The Planning Division will inform the applicant as to the fees which are required. All fees shall be paid by check, payable to the City of Boynton Beach. IV. Representative of the project must be present at all Technical Review Committee, Planning and Development and City Commission meetings held to review this project. EXHIBIT "A" NAMES, ADDRESSES, ETC. 1. Anthony Mannino 3015 S. Ocean Boulevard, Apt. 4A Highland Beach, Florida 33487 Phone: (561) 265-2903 2. August Vultaggio 17782 Fox Borough Lane Boca Raton, Florida 33496 Phone: (561) 654-7777 3. Giuseppe Vultaggio 8241 Hampton Wood Drive Boca Raton, Florida 33433 Phone: (561) 218-0574 4. Pietra LoPiccolo 410 N.W. 4 Avenue Boca Raton, Florida 33431 Phone: (561) 347-7636 5. Salvador H. Sentmanat 633 N.W. 1st Avenue Boynton Beach, Florida 33426 Phone: (561) 734-0760 6. Norma T. Sentmanat 633 N.W. 1st Avenue Boynton Beach, Florida 33426 Phone: (561) 734-0760 0:\Krik002\Exhibit A.Names-Addresses.wpd EXHIBIT "B" LEGAL DESCRIPTION A :to.62 acre parcel, described as: All of Lots 10, 11, 32, the west 15.00 feet of Lot 12 and all that portion of Lots 8, 9, 19 and the west 15.00 feet of Lot 7 lying south of State Road 804 right-of-way, all of Block 2, LAKE BOYNTON ESTATES PLAT 1 according to the Plat thereof as recorded in Plat Book 13, Page 32 of the Public Records of Palm Beach County, Florida. 0:\Krik002\Exhibit B.Land Use.wpd City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 8 V. APPLICANT'S OWNERSHIP AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH ----------------------/ BEFORE ME THIS DAY PERSONALLY APPEARED .)M\~ Co se-NnrJQWHO BEING DULY SWORN, DEPOSES AND SAYS T,HAT: PI'/' Ice..... r s O~f"~"c, Oil~tt-./ 1. He/she is the Gwnor, or t/19 o'.vner's abj'thori:zed agent, of the real property legally described in Attachment A; 2. He/she understands the Future Land Use Map amendment application fee is nonrefundable and in no way guarantees approval of the proposed amendment; 3. The statements within the Future Land Use Atlas amendment application are true, complete and accurate; 4.. He/she understands that all information within the Future Land Use Map amendment application is subject to verification by City staff; 5. He/she understands that false statements may result in denial of the application; and 6. He/she understands that he/she may be required to provide additional information within a prescribed time period and that failure to provide the information within the prescribed time period may result in the denial of the application. FURTHER AFFIANT SA YETH NOT. c yx\lL~,,~\- ~ lAJe erJ e-~ (Name of Acknowledger Typed, Printed or Stamped) Applicant's Signature J A'1-t tE.-..f Co oS: Ie N 71 /ljd Applicant's Name (Print) (Title or Rank) '1::J;.S Ge.rl:i'"S~ Sr Street Address (Serial Number, if any) \ (Notary' Seaf) Bvl= rA~O tJ 'i l't~ City, State, Zip Code T eleohone?)~ $"'1.5 - '" 'i \ 4iA'(~ MICHAEl S. WEINER !<.f :.\ MY COMMISSION # CC 954585 \i. . : EXPIRES: July 12, 2004 , Bonded Thru Notary PuIlIlc UndelWriters ., City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page E, v. APPLICANT'S OWNERSHIP AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM EIEACH ----------------------/ BEFORE ME THIS DAY PERSONALLY APPEARED SCoff 84(/;(( DULY SWORN, DEPOSES AND SAYS THAT: , WHO BEING 1. He/she is the owner, or t~ authorized ~, of the real property legally describe::f in Attachment A; 2. He/she understands the Future Land Use Map amendment application fee is nonrefundable and in no wa). ';;)uarantees approval of the proposed amendment; 3. The statements within the Future Land Use Atlas amendment application are true, complE~te and accurate. 4,. He/she understands that all information within the Future Land Use Map amendment application is subject to verification by City staff; 5. He/she understands that false statements may result in denial of the application; and 6. He/she understands that he/she may be required to provide additional information within cl prescribed timE~ period and that failure to provide the information within the prescribed tim:! period may rE!sult in the denial of the application. FURTHER AFFIANT SA YETH NOT. The foregoing in trul"nent was acknowledged before me this.21 day of J..//JV ' 20~, by .>f( Ix,..~ (Name of Person Acknowledging) who is persor~ known to me or who 1as produced ' (type of identificati01) as i~:;ation and who did (did not) take an oath. U~,= ~ - (Signature of Person Taking Acknowl gment) 0m ~.ss/t- !~;. ~ ~ (Name of Acknowled~er Typed, Printed or Stamped) ~rL- A?e.11.) Applic:ant's Name (Print) ()Jl6 1ft9ru.lIrfL-O (J.,u W Street Address (Title or Rank) LJ~r PflW\ ~ FL.- ~'fo9 City, State, Zip Code (Serial Number, if any) (Notary' Seal) Telephone (~\) e:;,tG .G.l,~ \ I ,.:(':iU'S v',r;i.SSA E, mUlZ ~~(N')TARY';:) My Comm Elql, 10/14/2002 "'1(';'eLIC)';.) No. C;:; 783033 -::::::;/ (I Personally Kl,o",,, (J Other I,D, ~I- P(~ '\ AGENT CONSENT FORM STATE OF r1.0&el 'D~ COU NTY OF f'IJ.t...tzn Se-A-<.,...,. / Ofk("'~OA.S O/{<<.,hf BEFORE ME this day personally appearedj,q,mJ3':5. CO~l\I'r"lrJO, PreSident of KRISPY KREME OF SOUTH FLORIDA, LLC, who being duly sworn, deposes and says that: 1. He has the authority to provide this Consent on behalf of KRISPY KREME OF SOUTH FLORIDA, LLC 2. KRISPY KREME OF SOUTH FLORIDA, LLC is the Contract Vendee of the real property ("Property") described in the attached Exhibit "A". 3. KRISPY KREME OF SOUTH FLORIDA, LLC duly authorizes and designates Gee & Jenson c/o Scott Barber to act on the behalf of KRISPY KREME OF SOUTH FLORIDA, LLC for the purposes of the Land Use Amendment and Re-Zoning, Conditional Use, and Site Plan applications involving the real property legally described in Exhibit "A". 4. He has examined the foregoing applications and he understands how the proposed change may affect the real property legally described in Exhibit "A". FURTHER AFFIANT SA YETH NOT. Na e' .fl".q5 Cc~"I'O . ~ ()~("'~' dill(~/ Titl : ~ of KRISPY KREME OF SOUTH FLORIDA, LLC YU-S Ge.l1e5eQ.. Sf. Street Address g~~ I AJ~ fr.{~$ City, State, Zip Code "'''-''34~1;)'( Telephone The foregoing instrument was sworn to and subscribed before me this ~ day of iliaV' 2001 by...)fhY\~ (qP;:I!iAhff\JO. ~ ~o~~!:2re}~~ IV\. <. (' HA-e-\- S. We ((V e-QL Print, Type, or Stamp Commissioned Name of Notary Public My Commission Expires: Personally Known _ OR Produced Identification C,e,'ut::r~' 5> kt c..e-f'J~6 Type of Identification Produced O:\Krik002\Agent Consent Form.Krispy.wpd ~-,"":''fK''" MICHAEl S. WEINER !t,r:f~~ MY COMMISSION 1/ CC 954585 ~~~i EXPIRES: July 12, 2004 -'~~iff.~~" Bonded Thru Notary Public UndelWril... "8lll~.pun "lIQnd ArolON rulU pepuoa _.~~:llJ!~, WOe: 'e:~ A1nr :S31:1IdX3 f~Y;~ 999\>S6 ~>:) II ~SSlWW(X) AV'I t.~YJAi1 iBNI3M S l3VHOIW ""t,~, EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 teet ot Lot 10, all ot Lot 11, the Westerly 15 teet ot Lot 12, and that portion ot Lot 8 and the Westerly 15 teet ot Lot 7 lying Southerly ot State Road 804 right-ot-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records ot Palm Beach County, Florida; and Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 40 teet ot Lot 10 and all ot Lot 32, Block 2, LAKE BOYNTON ESTATES, PLAT 1, and Lot 9 and Lots 19 through 21, inclusive, (less North 10 teet for State Road 804 Right-ot-Way and 1-95 Right-ot-Way), Block 2, LAKE BOYNTON ESTATES 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. 0:\Krik002\Exhibit A.Sent-Man.wpd ... " City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 10 NOTICE TO APPLICANTS FOR SITE PLAN, CONDITIONAL USE, PLANNED ZONING DISTRICT, SUBDIVISION, OR OTHER APPROVALS RE: Plans, Elevations, and Other Documents Submitted to City Commission and Board Meetings Any documents prepared by applicants which are distributed at the public meetings must be provided, at a minimum, in the following quantities in order to allow each Commission or Board member to have a copy, as well as the City Manager, City Attorney, Recording Secretary, Planning Director, and Building Official: City Commission: 1 0 copies Planning and Development Board: 12 copies Community Appearance Board: 12 copies Also, for any site plans, master plans, and elevations which are submitted for the record at Commission or Board meetings, and which are revisions to plans or elevations which were previously submitted to the City, six (6) copies of the revised plans or elevations must be subsequently submitted to the Planning Division. Furthermore, any colored elevations which are exhibited to the Boards or Commission which are different from those which were previously submitte~ must be submitted to the Building Department 50 that the building color and elevations can be inspected prior to the issuance of a Certificate of Occupancy. These measures will allow the City to have an accurate record of the project as it was approved by the Commission or the Boards, and will allow for the efficient inspection of the project. ". . City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 11 NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS Please be advised that all applications for the following land development orders and permits which are submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation, park, and road* facilities) would be available to serve the project, consistent with the levels of service which are adopted in the City's Comprehensive Plan: - Building permit applications for the construction of improvements which, in and by themselves, would create demand for public facilities. - Applications for site plan approval. - Applications for conditional use approval. - Applications for subdivision master plan approval. - Applications for preliminary plat approval. - Applications for final plat approval. - Applications for rezoning to planned zoned districts. - Applications for revisions to any of the applications listed above, which would increase the demand for any public facility. * Applications for development orders and permits submitted after February 1, 1990 and which generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic Performance Standards Ordinance, unless exempt from that ordinance. Please be advised, however, that the following applications will be exempt from the Concurrency Management Ordinance, pending final approval of this ordinance by the City Commission: - Applications for the development of property which was platted on or after January 13, 1978 and either the final plat or the preliminary plat and Palm Beach County Health Department permit applications were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the general use which was intended for the property at the time of platting. - Applications for the development of property which was platted prior to January 13, 1978, the area of the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net vehicle trips per day. - Applications for building permit, if a site plan or conditional use was submitted prior to June 1, 1990 and subsequently approved, and the site plan or conditional use has not expired. - Applications for the development of property within an approved Development of Regional Impact, and which are consistent with the approved DRI. - Applications for approval of final plats, if the preliminary plan and application for Palm Beach County City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 12 Health Department permits for utilities have been submitted prior to June 1, 1990. _ Applications for revisions to previously approved development orders or permits, which do not increase the demand for any public facility. Please be advised that these exemption rules are tentative and will be subject to final approval by the City Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management Ordinance, please contact the Boynton Beach Planning Division at (561) 375-6260. J:\SHRDATA\Planning\Hudson\COMP PLAN PROCESS\NEW LUAR APPLlCATION.doc Revised 11/1/01 " . City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 13 NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL BOARD OF ZONING APPEALS VARIANCE All applications received by the City of Boynton Beach shall be accompanied by mailing labels witH the names and addresses of all property owners within four hundred (400) feet of the subject property and postage (1st class stamps or payment for required postage). Applications will not be accepted without these mailing labels and postage. CONTACT -- PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE ATTN: MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 CERTIFICATE OF TITLE I, MICHAEL S. WEINER, ESQUIRE, do hereby certify that to the best of my knowledge, the current fee simple title holders of record for the subject property attached hereto as Exhibit "A", within the Quit Claim Deed attached hereto as Exhibit "B" and made a part hereof are ANTHONY MANNINO, as to fifty percent (50%) interest, and AUGUST VULTAGGIO, as to 16.67% interest, GIUSEPPE VULTAGGIO, as to 16.67% interest and PIETRA LoPICCOLO, as to 16.66% interest, whose post office address is 1501 N.W. 2nd Avenue, Boca Raton, Florida 33432, calle Gr tee. I S. Weiner, Esqu' e Dated: November -dl, 2001 O:\Krik002\Certificate of Title.2nd.wpd EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 40 teet at Lot 10 and all at Lot 32, Block 2, LAKE BOYNTON ESTATES, PLAT 1, and Lot 9 and Lots 19 through 21, inclusive, (less North 10 teet tor State Road 804 Right-at-Way and 1-95 Right-at-Way), Block 2, LAKE BOYNTON ESTATES PLAT 1, all according to the Plat thereat as recorded in Plat Book 13, Page 32, at the Public Records at Palm Beach County, Florida. O:\Krik002\Exhibit A.Man.wpd .- , -.- nBPUID IT un Jt:io.rmm TOt ileffi:q.a.. Le'riDeJ .acz. 4000 B. 1'edua1 Highway, Suite 2Ql Boca Raton, norida 3343'1 ' ~a: 1'01:1.0 No. QUI~ CLAm DlllBD TB:I:S QUrl ~ DUD, made this. ~ day of August, 2'001, between AJiTHONY m' TRUSTBB, whose wst office address is 'lJ1J1.f S. t?~.,~~} u Jif.:-l/A /.t~IIL'bJJ tI".{r/ Jlu$^ hereinafter called Grantor, and A1!I'mO~Il; ~O, .. to 50% perc~t ,interest; and AUGt1S'r VULTAQQXO, ... to 16..,,% iDterest, GIUSBPPB VO'L~AGGJ:O, aa to 16.67% interut ~ PJ:ftRA t.oP%ccor.o, u'to 16.6" iDterest, whose post office address is 1501 N.W. 2nd Avenue; Boca Raton, I'lor:l.da 33'432, called Grantee. . wrrNESSE'.rH 'That the Grantor, for and in. consideration of the 'sum of Ten ($10.00) Doll~s to ,them in hand paid by the Gran~ee, the receipt whereof is he~ acknowledged, have granted, bargained and sold to the .Grantee, his successor... and assigns forever, the following 'described property, lying and being in Palm Beach County, Florida, to wit:\ , --... . Lot.:. '30 and 31; Block 2, LAD BOY.N'1'ON BSTA'.rlIlS, and the West 40 feet " of' Lot' 10 and all of Lot 32, BlOCk 2, LAD BOnr.rcm BS~S, PLH 1, " . &Dc! Lot ~ an4 Lots 19 through 21, inclusive, (le.. North 10 feet fOZ' State .oa4.804 R:l.;ht-of-Way and %-95 Right-of-Way), Block 2, LAEB Bonr.roB' 'BftATBS PLAT 1, all according. to' the Plat thereof &II recorded' iD Plat Book 13, Page 32, of the Public: Records of, P~ Beach Countr, Florida. , :1. I \ , 'iioD TO CLBlUt. Thi. is a transfer of a partial intere.t iD the :real e.tate of the ~t from the tru.tee to the beneficiarie. of 'the trust. ,'1'herefore, only ~~~ ".1 dOcnimentary stamps are due a8 a result of the transfer. To have and to hold the same t~gether wi th all and singular, the appurtenances thereunto belonging or in anywise appertaining, and all the .estate, right, title, interest, lien, equity and claim whatsoever of the said ~tor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. ' -.... IN WI'l'NBSS WHBRBOF, the said Grantor has signed and sealed' these pres~ts th~ day ~ year first above written. nd Witness gna ;r-9~..9'~j&~/o 2Dd 'Witne..s Print Natne CERTIFICATE OF TITLE I, MICHAEL S. WEINER, ESQUIRE, do hereby certify that to the best of my knowledge, the current fee simple title holders of record for the subject property attached hereto as Exhibit "A", within the Warranty Deed attached hereto as Exhibit "B" and made a part hereof are SALVADOR H . SENTMANAT and NORMA T. SENTMANAT, his wife. 0:\Krik002\Certificate of Title.wpd S. Weiner, Esquir Dated: November~, 2001 EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. O:\Krik002\Exhibit A.Sent.wpd PrInted for II Attorneyi' TIde .CIIIftIICll . i Fund, hie.. 0rII1Ido, FIorl4a IWtum to: JAMES J. MORAN, BSQ. N_. .__ _1UW>...~I.F.rUB:." .ftJQBAN Addrw,.. . ..~.o.ST .OJi:'f.lCILOMlm1\ .10 . ... _........ BQtli~O.N ..IlBACH,..lL. .33425 Thi~ instrumenl I\'lI$ pro:op.1r1.'d I>y: Naml! JAMES J. HORAN Add~" REED, GRIFFtTH , MORAN POST OFFICE DRAWER 10 BOYNTON BEACH, FL 33425 JAN-()4-1988 03:49PII 88-001086 ORB 5534 p, 1373 Con 17,500.00 Doc 536.25 JOHN a DUNKlE, CLERK - PB ~C\JNn' l FI. '\ , \ . .. ---- - ...- .-.. ... - l~... ."... Ihi> Iin< rur """.rdinll oUt.. I . . - ......... WARRANTY DEED ISTA111TORY FORM - SE~ON 689.02, f.s;1 This Indenture, m.1d1! thi-! J() ~ d.1)' Ilf Dece~er, 1987. Between ROBERT L. YOST, a married man, conveying separate, non-homestead real property, whose residence address is 2554 Avenue Au Soleil, Gulfstream, PlorJ,.da 33483, oHhC:'Cuunly 11f Palm Beach . .5I.1I..u( Florida .grdnlor',.nd SALVADOR H. SENTMANAT and NORMA T. SENTMANAT, his wife, I\'htlM'flU$C "rft<:.....ddn.'lo,i:< 633 N.W. 1st Avenue, Boynton Beach, uf ch... Cuunl)' I.e Palm Beach ,5I.t"..e Florida 33435 . Rrdntl",(,., Witnesseth that $.lid IIrantur. (or dnol in cnn..iol<'r.ltion.... tlw "Ul\l uC -------------- TEN and NO/lOa ($10.00) ---------------------DuIl.1rs. oInd ..th.-r ,;"..d .lAd ,'.sI...tI,I.. n.""itl<'r..lilln~ I.. ....id l>:'.lntt>r in holnol r.'iol toy ....iol )1.r.snl'''', lh.. rl.'Cl'irt \\-h('f<'<lf k ht'l\'by .ack"owl~~<-.f. hAlo Ilraut"d, tool~in''<l ..nd ....ki I.. the.' ""id ~rmt'..,. .inti ~r,utl....,'\ h..,,~ .Inti .......iI;n.. ("rI.'we, tilt' ~.Iluwinll d<~ribN I.lnd. ,.it"<1tt..,I~'iRll.lnc1 b"inl\ in Palm Beach <"'lUnt~., I-Klri.Jol, tll.wit: The ea';'terly 10 feet of Lot 10, all of Lot 11, 'the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the westerly 15 feet of Lot 7 lyinq southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida, together with Lmprovements located thereon. 'SUBJECT TO easements, reservations and restrictions of record and to taxes subsequent to the year 1987, .SUBJECT FURTHER to Mortgage dated May 1, 1987, in favor of MARK 3. BRISSON, in the original principal sum of $74,000.00, recorded in Official Record Book 5267, Page 329, Public Records of Palm Beach County, Florida, which Grantees herein hereby assume and agree to pay. .ad $;lid tV.1nlar d<M:S hCl\'by (ully '..an.lnt Ihf titk< kl ...,id J.nd. and witt dcl"nd Ih... ",'mt' ..~in"t Ih,' lawful cwim,. .... .11 f\'l'llOfIs whomSlltlYfl. ""Groin""" ..nol ~#dnWf~ ,,'" UOl4!d ((or !lin~uJar or plur.il. as ('untt'llt n.<qui_. reof, ~r.lntor has h<<wnto .....~t..r.s h.. d .nd ......1 th" d.t~. dnd )'\!..r RIlIt .100ft' writlcn. red in our pR.'St'I\Ct': . .r- _ -- -----.f~tI_. ,...,.,---""', ._..... ....___ .____.. _ _. .. __" _._ lSfaI) .... _ ...___ _. ....__ .__. ___ (Seal) ... ....__ ... ., ._.. . .____..._...___ (SuI) ; ~ .t STATE OF FLORIDA COUNTY OF PALIoI BEACH I HEREBY CERnFY thac on ihls day before me. .a oIfIter duly qualified to wlw "know~mml" penonaDy appeartd ROBERT L. YOST, a married man, conveying separate, non...J?omeatead real pro=y, .. " tii me ,",0 IJIl! person{sl described In and who elleClIted the ~ulnR Instrutnent.lnclldchoWlqdged btfort me tIIat he. "*"'Ited the saJl\f, . ~. . WITNESS my hind and offlclallNlln the County and 5 aCoresaId th~ ..;JP:-cia . 19 87. My commlsslon npIm: Nohrr PvIlfic. StIle of fIIciIe M, Coaiss.lou &pia Mar 26. 1190 - \lllor Tilt 1tlI,....... _ Y&RIFlEo BEACH COUNf\t, FLA. .IOtW I. DUNCLI CUAK CIAClIr COURT ,..w.lWlI ".,: . ASS:rGlIKElI'r AIm ASS'DJ(p!l:tOlf AGRBBIIB1ft' TIIt.s' ASSIGlIIHB1ft' .um .ASStJllftIOJI AGRBBMDT ("Aqreement") enter~d into this 21st day of .November, 2001, by ana,between DynUia Do'llqhnUj:S JrloriCla ll~al'ty, IDC., a Florida corporation. ("A~siqnortl), and Kriapy JCr... ot! .8011~h Florida LLC, a Florida' limited ~iability l:::oJlpany ("Assignee"). RECITALS: A. Aeslqnor and August and JOseph Vultaggio enter~d' into. a Purchase' and Sale Aqreement dated July 16, .2001 (the "Purchase Agree~ m.ent"), the terms of which Purchase and Sale Agreement were conf~d. and' acknowledged by AntQony Hannino, Trustee.,". and Pietra Lopic(:olo by a Confirmation of Contract dated AUgust 10,' 2001. . B~ Assignor d~sires t.o assign to Ass.iqnee, and Assignee,,';e$ires to aSfiiWlle the riqht:.s'j duties and liabilities or Assiqnor under the Purchase Agreement. . AGItBExmfT: .' '1 t '.. BOW, THEREFORE, in consideration of the foregoing premisEsy ~~c mutual promises and covenants herein contai~ed, and "o1:h~r" go:.>d and valu~ble considera.tion, receipt of which .are hereby acknowleclg~d, Assiqno~ and Assignee do hereby agree as fo.~lows: 1. Ass1qnaent. Assignor assigns all its rights and interests in and to the Purchase Aqreement to Assignee, e:t'fectlve as of':.~~ date of 'l:.his Agreement. 2. AB8ump'tion. Assiqnea hereby assumes all obliq~tions, agreements, commitments, liabilities and d~ties under the ~~cbase Agreement, including all payments reqUired. thereby and agrees to be bound' by and comply with all terms and conditions of the Pu:~c~a:!~ Agreement with the same force and effect 'as if it was . originally executed by Assignee. In Wi tness Whereof, the Assignor- and the Assignee have executed this Agreement as of the day and-year' first written above. By: ASS;IGlfOa I D7Daic Dougbuts Jil1ori4a Realty, a Flo ~ a corporation ~~" mes A. Cosentino resident %IlC. , By: U8%G1fD: Kriapy Kr_e of south I'lor14a LLC, a Flor '. limited liability company ;------.~ ~ as A. Cosent1no perations Director ,,~ .~'" '; ~. ,"s,:IGNHElR AND ASSUKP'l'ZON AGRBDEm' ~IUS ASSJ:GJ.OmNT AND &SSUKP~I01f AGIUJqQT ("Aqreement") entered into this. 21st day of November, 2001, by and .between Dynamic I)oaqlmuts Flori4a.R..lty, :Inc., a Florida corporation ("Assiqnor"), and JIrispy Krem. o:f South Flori4a LLC, a Florida limited liability company ("Assignee"). REC:r:TALS: .. A. Assignor and Salvador H.Sentmanat and Norma T. SeJ1tll1anat entered into a Purchase and Sale Agreement dated July 16, 2001 (the "Purchase Agreement").; B. Assignor desires to assiqnto Assiqneel and Assignee desires to assume the :rights I duties and liabili tfes of Assignor unc~er the Purchase Aql:"eement. AGR1!:BXElf'1': NOW, HUDOn, in consideration of the foregoing premisEls, the mutual promises and covenants herein contained, and other-good and valuable cOl'1sidera1:ion, receipt of. vhich. are hereby acknovledqed, Assiqnor and Assignee do hereby agree as follows: 1. J..ianment. Assignor assigns ali. its rights and interests in and to the .Purchase Agreement to Assignee, effective as of tb.e date of this Aqreement. . . 2. Assnmption. Assignee hereby assumes all obliga t:ions , agreements, commitments, liabilities and duties under the Purchase Aqreementl inclUding all payments required thereby and agrees ~o be bound by and compl.y with all terms and conditions of the PU:t'chase. Aqreement with the same force and effeet as if it. was oriqinally execute~ by Assignee. In Witness Whereof, the Assignor and. the Assignee have executed this Agreement as of the day and year first written above. R: o Doughnut. ~l.ori4a Realty, Ino".1 ori a co)':'poration ~. ( LA::- ~ es A. CosentJ.no resident AS8ICDEB: Kri.py ltr_e of Sout.h 1'10r14& r.x.c, a Flor a limited liability company By: to. --- ~ es A. CosentJ.no erations Director AGENT CONSENT FORM STATE OF t::/o~ i ,()tJ 1-/ COUNTY OF " ~<m ~t-- .. BEFORE ME THIS DAY PERSONALLY APPEARED NORMA T. SENTMANATWHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A ". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. g (printed) "\ /~F,c,;eq ~SS/l7AIV v Owner's Si~:f.d l?~M _ If::n~ Owner's Name (printed) (( h3~2~~ V . 1-3 P---IJ-/}cb Owner's ddress 80 V//j Ii;; 13 <f1/1 -13 ~2b CitY, State, Zip Code (.,561) 7-3Lj-O 76"0 Telephone STATE OF 11l~'~ COUNTY OF ~ c# The foregoing instrument was sworn to and subscribed before me this /:s~ day of ~ ~ 2001 by Norma T. Sentmanat. Signature of Notary Public-8tate o~~--<-~ ~~~ Print, Type, or Stamp Commissioned Name of Notary 4.1 Public My Commission E~es: ~./O. qC)-</ Personally Known OR Produced Identification Type of Identification ,,'r;r.~::/.i:k'" Carole Sussman lj'ifi."1:!;.. MY COMMISSION # CC9544lJ.4 EXPIRES ~:~<1~ September 10. 2004 <'~~;;;IO.~'~ BONDED THRU TROY fAlN INSURANCf.1IC. "..n'''' EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. 0:\Krik002\Exhibit A.Sent.wpd AGENT CONSENT FORM STATE OF J ~~ ~-AIJ . COUNTY OF 1JC~c.+f BEFORE ME THIS DAY PERSONALLY APPEARED SALVADOR H. SENTMANAT WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit "A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. owledger (printed) #~~Y (,-~rr.A?4,J Owner's Signature ~~.~ By: S4'Y".D()~ /-/. S't!",v7/-f,'1u.-f r Owner's Name (printed) c;, .3 ~ /Y. tV. / .[r' 4:/'; . Owner's Address dovJ}rtntJ ~/ r-/3)JQt City, State, Zip Code s~/ 73j/ o7t,.tJ Telephone STATE OF ~~ COUNTY OF 'AlIX The foregoing instrument was sworn to and subscribed before me this/50Gday of"-7l#/./ ,,~<...I LA} 2001 by Salvador H. Sentmanat. _ L.I I ~- '--"" Signature of Notary Public-State o~~ --' Print, Type, or Stamp Commissioned Name of Notary /:J ~ Public My Commission Expires: 7' /~ . c;:;(tU'J Per~ally 1So0~_ OR Produced Identification Type of Identification Produced ~ .,'l~~" Carole Sussman ,~vl:'J ... f*: :~ MY COMMISSION # CC954404 EJ<PIRES ~:. ~~l September 10,2004 ~?';;;^~,,, BONOED THRU TROY FAIN IHSURANC~ INC. I."."".' EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. 0:\Krik002\Exhibit A.Sent.wpd AGENT CONSENT FORM STATE OF YUsv-l w.- COUNTYOF~ BEFORE ME THIS DAY PERSONALLY APPEARED GIUSEPPE VULTAGGIO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit "A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. ed (Printed) J ~ ,r~.;e c}/ ..;; f'...I/??.(I'V gL~hN1 L0lfDa ~l~~ Owner's Address J"Jt>(o.... ~ \ FL. s.3~ 33 City, State, Zip Code STATE OF &t:~ . COUNTY 0 A . ~c rj' The foregoing instrument was sworn to and subscribed before me thls~ay of ~ 2001 by Giuseppe Vultaggio. Signature of Notary Public-State ~~ - ~~ t - Z l t - 6 ~7 f Telephone Print, Type, or Stamp Commissioned Name of Notary // Public ~ My Commissibn Expi es: 9./d. c:ld4fly Pe~onally K..QQ..wn~ OR Produced Identification . - . Typeof Identification Produced '~;AJ~'l.f't-. Carole Sussman f.: :~ MY COMMISSION # CC9S<<04 EXPIRES ~ : i September 10. 2004 "'~iif..r.l' " BONDfD THRU TROY FAIN INSURANCE, INe. EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit A.Man.wpd AGENT CONSENT FORM STATEOF~ COUNTY OF ~~ BEFORE ME THIS DAY PERSONALLY APPEARED ANTHONY MANNINO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. ~T. er (Printed) /~~,.e~;/ ;;"r.r4l~ ~ //::7 By:A-N,I..{-o/,-"y /""1/1/1//1///1/0 . Owner's Name (printed) 30/5 SO'OeE"t-<J/l/ 8/'(/eJ IIP/4/9 Owner's Address /It'" 61 It L- #/V.o 1:fE'/f-Ct'I I~/l' City, State, Zip Code 3-3 <-/ 87 STATEQ~~ . COUNTY O~ ~~ ~ ~ The foregoing instrument was sworn to and subscribed before me this ~ day of ./v' 2001 by Anthony Mannino. SignaWre=~~ ' Pri:6mp ommlsS~ed Name of Notary Public My Commission EXP~: fJ. /cJ. Q'd-17..y Personally K!J.QW[I OR Produced Identification Type Of Identification Produced 56/ dG~c!)qo3 Telephone 1~i1":'~~" Carole Sussman i*: l*! MY COMMISSION I CC954404 EXPIRES ~. . . "".,1 September 10, 2004 "'~.9f.j1I..," BONDED lHRU TROY FAIN INSURAHCf,1NC. EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit A.Man.wpd AGENT CONSENT FORM STATE OF 'Flcsvido-- COUNTY OF ~ BEFORE ME THIS DAY PERSONALLY APPEARED PIETRA LoPICCOLO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. By: Owner's Name (printed) e er (Printed) JE/C/~€7 };., J'J/11A!/v qll 0 N W ~ ,\ye.. Owner's Address hOCfL Ralm1, f-L 3343 t City, State, Zip Code STATE OF (%~,.&:t COUNTY OF / At ~~ft The foregoing instrument was sworn to and subscribed before me this /v~day of ~ // J' ~ / A J 2001 byPietraLoPiccolo. ~- Signature of Notary Public-State 8l--~~ - 510\ - D~1 -7(P'b~ Telephone Print, Type, or Stamp Commissioned Name of Notary Public My Commission Expires: 9./d , ~Y /? 4"Y Personally Kno~ OR Produced Identification ><:!!~5PJ~ Type of Identification Produced - ~~~ Carole Sussman f:rli.\~ MY COMMISSION I CC9S<<04 EXPIRES ~.~~! September 10, 2004 "'~.w.~if.:" BONDED lHRU TROY FAIN INSUR/lNCf. INC. EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit A.Man.wpd AGENT CONSENT FORM STATE OF I{BYi~ COUNTY OF faiftl ~ BEFORE ME THIS DAY PERSONALLY APPEARED AUGUST VULTAGGIO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. ger (Printed) \/Er~ _ ~f.f/n~N ...-. - bi~ ~FJ , B : ~ ~:iCIO Own r s ame~rinted) i~l/?IJ~A'~ Owner's Address STATE OF rib"" u~~ COUNTY OF /,4 LA? l::-4C I)f The foregoing i~strument was sworn to and subscribed before me this/~:f~ day Of~ A/ H -I - - VI I j -' 2001 by August VultaggIO. ~ ~ Signature of Notary Public-State CJf..... ~~ ~ <-?Y.!r 9~~ City, State, Zip Code S-c5/6-Q>i!7 Telephone Print, Type, or Stamp Commissioned Name of Notary , / Public My Commission Expir~s: 9. /cJ · ~(1V Y' PerJQOally ~ ~ OR Produced Identification Type of Identification Produced ~E75~ a'~ Carole Sussman s.: ~~ MY COMMISSION I CC9s.<<04 EXPIRES :.~. ~~i September 10,2004 ~~R";~~<' BONDED lHRU TROY FAIN INSURANC~ INC. 11""",\ EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit A.Man.wpd w . l n ,kJ \0.','." .r ( PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made this ~ day of July, 2001, by and between August and Joseph Vultaggio, ("Seller"), having offices at 1501 N.W. 2nd Avenue, Boca Raton, Florida 33432, and Dynamic Doughnuts Florida Realty, Inc., (or its assign) a Florida corporation ("Purchaser"), having offices at 4225 Genesee Street, Buffalo, New York 14225. 1 . Sale of Property. Subj ect to termination during the Due Diligence Period (see Section 11) Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase and acquire from Seller, the property located in Palm Beach County, Florida, consisting of the real property described on Exhibit "A" attached hereto, including all improvements located thereon (collectively, the "Property") upon the terms and conditions set forth below. 2. Appurtenant Rights. Included in the purchase and the sale are all of Seller's right, title and interest in and to the following (subject, however, to the "Permitted Encumbrances", as hereinafter defined below) : (a) all easements, rights-of-way, streets and other appurtenances to the Property. 3. Purchase Price, Payment, and, Deposit. (a) The purchase price (the "Purchase Price") is Four Hundred Eighty Five Thousand u.S. Dollars ($485,000.00), subject to the adjustments and prorations specified below. The Purchase Price will be paid as follows: (1) On the "Effective Date" of this Agreement ('0.11 . ( ') ~) (defined below) Purchaser shall pay to Sussman Realty, Inc. ("Escrow Agent") the sum of $5,000.00 ("Deposit") which is to be held and applied as hereinafter provided; and (2) At the time of Closing, Purchaser shall pay the balance of the Purchase Price to Seller subject to the adjustments provided for herein. (b) If Purchaser elects to terminate this Agreement under Sections 11 or 12 or if Seller defaults under this Agreement, then the Deposit will be returned to Purchaser. The balance of the cash to close, subject to adjustments and prorations must be paid to Seller at Closing by wire transfer of immediately available Federal funds to such bank account as has been designated by Seller or by such other manner of payment as may be directed by Seller. (c) Purchaser's obligations are subject to the Due Diligence Period described in Section 11. (d) Purchaser's obligations are subject to Zoning Change and Approval Period described in Section 12. (e) "Effective Date" means the date on which this Agreement is signed by the Seller and delivered to Purchaser. 4. Title. (a) Seller agrees to deliver by proper special warranty deed, and Purchaser agrees to accept, title to the Property, free and clear of all liens, encumbrances and matters other than the Permitted Encumbrances. The Permitted Encumbrances are: (i) ordinances and other requirements of any 2 f " ) ~) f ( , applicable governmental authority; (ii) the lien of taxes and assessments for the calendar year of the Closing and all subsequent yearsi (iii) restrictions and matters appearing on the plat of the Property or otherwise common to the subdivision of which the Property is a part; (iv) public utility easements, so long as same does not encroach upon the current building structure; (v) matters shown on the "Commitment" (defined below) which are accepted or deemed accepted by Purchaser; (vi) matters incurred by Purchaseri. and (vii) the Permitted Exceptions as set forth on Exhibit "B". (b) Within ten (10) days of the Effective Date, Seller or its agent, shall deliver or cause to be delivered to the Purchaser a commitment for owner's title insurance ("Cormnitment") issued by Chicago Title Insurance Company ("Title Company") in the amount of the Purchase Price setting forth the status of the title of the Property, together with all instruments listed as exceptions to the Commitment. The Seller shall pay for all costs of the Commitment and Owner's Policy and the Conunitment and Seller's agent shall issue Policy. 3 ( ) ) , " (c) Within fifteen (15) days after the Effective Date, Seller shall provide the Purchaser with the copy of the latest survey of the Property which it possesses. If it requires an updated survey, Purchaser may have the Property surveyed and certified by a registered Florida surveyor at its expense. (d) If, during the Due Diligence Period, Purchaser finds title to the Property to be subject to matters other than the Permitted Exceptions, or if the survey shows any encroachments or title defects (other than Permitted Exceptions), then Purchaser shall notify Seller, in writing, during the Due Diligence Period, specifying the defect(s). If any defect(s) render title unmarketable, then Seller will have sixty (60) days from receipt of notice to remove the defect(s). If Seller fails to remove the defects, or obtain affirmative title insurance coverage, then Purchaser, as its sole remedy for such failure, may, within five (5) business days after expiration of the sixty (60) day period, deliver notice to Seller demanding a refund of the Deposit, whereupon this Agreement will terminate and the parties will have no further obligations to one another, other than those which are stated to survive the termination of this Agreement. If Purchaser fails to so notify Seller, then Purchaser will be deemed to have elected to proceed to Closing and the unresolved title defect(s) will be deemed Permitted Exceptions. 5. Closing. Unless extended by the terms of Section 4, the closing of the purchase and sale of the Property ("Closing") will 4 I . ) ) take place at a place in Palm Beach County, Florida, at a place designated by Seller, the later of December 1, 2001, or forty five (45) days following the official date that Zoning Change and Approvals are obtained by Purchaser (the "Closing Datell); but in no event shall Closing take place any later than March 18, 2002, unless mutually agreed to in writing between Purchaser and Seller. 6. Prorations and the Adjustments. (a) Municipal improvement liens or other assessments where the work has been completed or has physically commenced as of Closing (certified liens), shall be paid by Seller at Closing. Municipal improvement liens or other assessments which have been authorized but where the work has not commenced as of Closing (pending liens) shall be assumed by Purchaser. (b) As of midnight on the day before the Closing Date: Real and personal property taxes (which include all recurring assessments and levies by governmental authorities or special districts) will be prorated on the basis of the current year's taxes. If Closing occurs before the amount of current taxes has been determined then those taxes will be apportioned upon __...._________...__._~_l:l:~_ __p~~i,s ()f.t_t.J,f;LJ::,~~s t.or:~he_m.os..t__recent calendar year available, and a tax re-proration agreement will be incorporated into the Closing Statement. If any expenses are not known, then such expenses will be estimated and, once the amounts are known, either party may request an adjustment. If neither party requests an adjustment within thirty (30) days after the Closing Date, then the prorations made 5 ( ) ~) at the Closing will be final. 7 . Closing Procedure and Documents. (a) At the Closing, and simultaneously with the payment of the Purchase Price to Seller, Seller must deliver, or cause to be delivered to Purchaser, the following items: (i) a Special Warranty Deed (the "Deed") conveying fee simple title to the Property, subject to the Permitted Encumbrances and the matters referred to on the Corrmitment, which is acceptable to Purchaser; (ii) a FIRPTA affidavit; (iii) an affidavit in the form required by the title company, to delete the standard printed exception relating to the "gap" and to remove the standard printed exceptions for construction liens; and (iv) an endorsement to the Commitment deleting the "gap" exception, the exceptions for construction liens and rights of parties in possession, the survey exception (if a current survey is provided) (except to the extent such survey matters constitute Permitted Exceptions) and the Schedule B-I requirements. (b) At Closing, and simultaneously with the delivery to the Purchaser of the items set forth in paragraph (a). Purchaser must deliver the cash to close, to Seller, in accordance with Section 3. 6 ~. ) ~) (c) At Closing, Seller and Purchaser must execute and deliver to each other a Closing Statement in customary form, and, if necessary, a tax re-proration agreement. (d) At Closing, Seller will terminate any contracts it may have entered into providing for continuing services to the Property. 8. Closing Expenses. Seller shall bear the expenses for state documentary stamps required to be affixed to the Deed. Seller will bear all costs relating to the Commitment and the owner's title policy to be issued in accordance with the Commitment. The cost of recording the Deed, the Survey (if prepared) and all of the expenses and fees in connection with any mortgage or financing obtained by Purchaser 'in connection with the Property, will be borne by Purchaser. Each party will bear the expense of its legal counsel. 9. Broker. The Seller and Purchaser represent that the only broker involved with this transaction is Sussman Realty, Inc., 1499 West Palmetto Park Road, Boca Raton, Florida 33486. Broker will be entitled to receive a commission from Seller if, as, and when the transaction closes pursuant to a separate letter agreement dated May 26, 2001 between Seller and Broker. Each party hereto agrees to hold the other harmless from the claims of any other broker claiming to have dealt with the indemnifying party in connection herewith. This indemnification shall survive the Closing or termination hereof. 10. Risk of Loss. THIS SECTION HAS BEEN INTENTIONALLY 7 ') - ~, J ( OMITTED. 11. Due Diligence Period. (a) The Due Diligence Period is that period of time commencing on the Effective Date and expiring at 5:00 p.m. on the date that is forty-five (45) days later, except that the Due Diligence Period shall be extended to the date that is seventy-five (7S) days after the Effective Date if Purchaser determines that a Phase II Environmental Report is necessary and provides notice to Seller of its intention to obtain a Phase II Environmental Report before the expiration of forty- five (45) days after the Effective Date. During the Due Diligence Period Purchaser may investigate title, as provided in Section 4, and "may obtain a Phase I Environmental Report and/or a Phase II Environmental Report (the "Environmental Report" ) wi th respect to the Property; such report shall be certified to the Seller. Purchaser and its representatives must take reasonable precautions so that any inspections of the Property incident to the Environmental Report cause no damage to the Property. Any entry made on the Property by Purchaser or its representatives must be upon reasonable notice to Seller and at reasonable times and at the sole risk of Purchaser. Purchaser shall indemnify and hold Seller harmless from losses, claims, liabilities, actions, demands, costs, and expenses, including reasonable attorney and paralegal fees and expenses, arising from or in connection with any such Environmental Report, including any entry upon 8 ) the Property by agents or contractors of Purchaser or their sub-agents or sub-contractors. Purchaser must pay for the Environmental Report performed on or in connection with the Property and must not permit the creation of any lien in favor of any party. (b) Purchaser's indemnity obligations under this Section will survive the Closing or the termination of this Agreement. The Deposit will serve as a guaranty of Purchaser's indemnity and undertakings under this Section II, and Seller is hereby authorized by Purchaser to apply the Deposit or any part thereof to satisfy those obligations upon written demand from Seller. (c) Purchaser may terminate this Agreement at any time during the Due Diligence Period if, for any reason, Purchaser determines that the Property is unsatisfactory to Purchaser for its desired use by giving written notice ("Termination Notice") to Seller. This Agreement may also be terminated by Purchaser because of title defects which are not corrected during the period provided in paragraph 4 (d) hereof. If Purchaser properly terminates this Agreement, then the Deposit shall be promptly returned to Purchaser, and upon such repayment, this Agreement will terminate, other than those provisions, which are stated to survive the termination of this Agreement. TIME IS OF THE ESSENCE FOR THE PURPOSES OF THIS SECTION WITH RESPECT TO PURCHASER'S RIGHT TO TERMINATE THIS AGREEMENT. 9 ( ) ~'\ J (d) If Purchaser fails to deliver the Termdnation Notice to Seller by 5:00 p.m. on the last day of the Due Diligence Period as provided in paragraph 11 (a), or as provided in Section 4 (d) hereof, then, except upon Seller's failure and refusal to close, and Purchaser's election to do so, Purchaser will be deemed to have waived any right to terminate this Agreement under this Section. 12. Condition Precedent: The Purchaser's Purchase of the Subject Property shall be expressly conditioned upon its receipt of an approval for a change of zoning of the Subject Property from R2 (Multi-family) to C-2 (Neighborhood commercial) from all required local and state governmental authorities ("Zoning Change") along with its receipt of all' necessary approvals (city and state} which shall allow for the Purchaser's construction and operation of a fast food restaurant of approximately 4500 square feet consisting of a drive thru which are satisfactory to allow the operation of a franchised restaurant as selected by Purchaser ( "Approvals' , ) . Purchaser shall be responsible for the cost and expense of obtaining said Zoning Change and Approvals. Said Zoning Change and Approvals required by Purchaser with regards to the Subject Property shall be directly related to and in direct connection with Purchaser's application regarding the adjacent property ("Adjacent Property") which Adjacent Property and Subject Property shall be combined together and become the Purchaser's over-all application. It is understood and agreed between the parties that said Zoning Change and Approvals must be received on or before December 1, 10 ) ') 2001. In the event Purchaser does not receive Zoning Change and Approvals by this date as a result of delays caused beyond its reasonable control, and provided that Purchaser has diligently prosecuted such Zoning Changes and Approvals, it shall be provided with up to an additional 60 days to receive such Zoning Change and Approvals. Purchaser agrees to use its best efforts to diligently Pursue said Zoning Change and Approvals and keep Seller advised as to its progress. In the event that Purchaser fails to obtain Zoning Change and Approvals on or before 12: 00 AM, January 31, 2002, this Agreement shall terminate and the Purchaser shall receive its Deposit back in full. 13. Purchase of Adjacent Property by Purchaser: Purchaser represents that simultaneous with the execution of this Agreement, it is entering into a Purchase and Sale Agreement with the Adjacent Property owner (a copy of which is attached hereto as Exhibit c) to purchase said Adjacent Property for the sum of $250,000.00. It is the sole intention of the Purchaser to purchase and utilize the Adjacent Property in connection with its proposed site plan and development of the restaurant, and in order to meet certain requirements related to the necessary Approvals to be obtained as a condition of this Agreement. In the event Purchaser fails to obtain Zoning Change or Approvals as contained herein and as a result terminates this Agreement, upon written request by Seller, Purchaser hereby agrees to assign the Adjacent Property Agreement, to the extent that such Adjacent Property Agreement is assignable, to Seller at no additional cost. In the event of assignment 11 ) ~) ( Seller shall reimburse Purchaser for its deposit paid under said Adjacent Property Agreement, and shall indemnify Purchaser against any claims for damages made by the seller pursuant to the Adjacent Property Agreement for default made by Seller in connection with such Adjacent Property Agreement. 14. Seller Cooperation: Seller agrees to fully cooperate with Purchaser and its agents with respect to the signing of applications, permits, approvals, etc. which may be required to obtain Zoning Change and Approvals provided that none of which will irrevocably encumber or bind the Subject Property in the event that Purchaser fails to close. 15. Condition of Property: Except as specifically set forth in this Agreement, Seller makes no representations or warranties expressed or implied, with respect to the quality, physical condition, expenses, legal status, zoning, value, utility or potential of the PropertYi or any other matter or thing affecting or relating to the Property, or to this Agreement (including, without limitation, warranties of merchantability and/or fitness for a particular purpose) which might be pertinent in considering whether to purchase the Property or to make and enter into this Agreement, and Purchaser acknowledges that, except as provided in this agreement, no such representations or warranties have been made or relied upon. Seller is not liable or bound in any manner by any warranties, either express or implied, guaranties, or any promises, statement, representations of information pertaining to the Property or the value thereof made or 12 ) ." , ( furnished by any employee, servant, broker or other person representing or purporting to represent Seller, the Seller's liability being strictly limited to the express representations and warranties set forth in this Agreement. If it elects to purchase the Property, then Purchaser is acquiring it "AS IS, WHERE IS" AND "WITH ALL FAULTS". 16. Seller's Warranties. To induce Purchaser to enter into this Agreement, Seller makes the following representations and warranties which are true as of the Effective Date and shall be true as of the Closing Date but which shall not survive Closing: (a) Seller represents that they have full right and authority to enter into this Agreement and sell the Property, and that, as of 'the date hereof, Seller has received no notices of violations by any governmental agency having jurisdiction over or affecting the Property. (b) Seller has no actual notice of any suits, actions or proceedings pending or, to the best of Seller's knowledge, threatened, against or affecting the Property, or the transactions contemplated herein, and Seller is not in default with respect to any judgment, order, writ, injunction, rule or regulation of any court or governmental agency or commission to which Seller is subject in any way affecting the Property, or the transactions contemplated herein. (c) Seller has no actual notice of any pending or threatened legal or administrative proceedings relative to condemnation, or other taking by governmental authority, of 13 ) '~ all ~r any portion of the Property. (d) Seller is not a "foreign person" as that term is defined in Section 1445(f) (3) of the Internal Revenue Code. 17. Prohibition of Recording. Purchaser may not record this Agreement. If Purchaser (or any agent or representative of Purchaser) attempts to record this Agreement or any memorandum hereof or any reference hereto in the public records, then Seller may terminate this Agreement by notice to Purchaser. If Seller terminates this Agreement under this Section, then Seller shall retain the Deposit and the parties will be relieved of any further liability or obligation under this Agreement (except as otherwise specifically provided herein). 18. Default. (a) If, after the termination of the Due Diligence Period, and upon Purchaser's receipt of Zoning Change and Approvals, Purchaser defaults in the payment of the Purchase Price or otherwise fails or refuses to close on the purchase of the Property, without the fault of Seller and without a failure of title, then Seller will be entitled to retain the Deposit, as its sole remedy and as full and agreed upon liquidated damages, consideration for the execution of this Agreement, and in full settlement of Seller's claims against Purchaser, the parties acknowledging that the actual damages of Seller would be impossible to determine and, thereupon, the parties will be relieved of all further obligations under this Agreement except for those provisions specified to survive the termination of this Agreement. 14 } ) I, . (b) If Purchaser has satisfied its obligations pursuant to this Agreement, but Seller fails or refuses to close on the sale of the Property, then Purchaser may, either (i) receive a full refund of the Deposit; (ii) sue Seller for specific performance of this Agreement; (iii) bring suit against Seller for any damages incurred by Purchaser because of the default by Seller. 19. Survival. Except as specifically provided otherwise herein, all covenants, terms, provisions, representations and warranties set forth in this Agreement, will be merged into Deed at Closing. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which is an original but all of which, together, constitute one and the same agreement. 21. Time of Essence. TIME IS OF THE ESSENCE ON THE PART OF EACH PARTY PERFORMING ALL OF THE TERMS, CONDITIONS AND COVENANTS TO BE PERFORMED UNDER THIS AGREEMENT. 22. Modification Must Be in Writing. Any modification of this Agreement will be invalid unless executed in writing and signed by the applicable duly authorized representatives of Seller and Purchaser. 23. No Waive. Except as otherwise provided in this Agreement, no waiver of any provision of this Agreement will be effective unless it is in writing and signed by the party against whom it is asserted, and any such written waiver will only be applicable to the specific instance to which it relates and will not be deemed to 15 ) ~', J ( be a continuing or future waiver. 24. Captions and Section Headings. Captions and Section headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this Agreement, nor the intent of any provision thereof. 25. Exhibits. All of the exhibits attached hereto are incorporated herein by reference and form part of this Agreement for all purposes. For convenient reference, the following list briefly describes the exhibits to this Agreement: Exhibit "A" - Legal Description Exhibit "B" - Permitted Exceptions Exhibit "C"- Adjacent Property Agreement 26. Assignability; Binding Effect. Provided that Purchaser remains liable to Seller according to the terms of this Agreement, Purchaser may assign its rights pursuant to this Agreement. This Agreement will inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. 27. Attorneys' Fees. In the event of any litigation arising out of or connected in any manner with this Agreement, the nonprevailing party must pay the costs of the prevailing party, including its reasonable attorney and paralegal fees and expenses incurred in connection therewith through and including the costs of any appeals and appellate costs relating thereto. This Section 27 16 (. ) -) will survive Closing or the termination of this Agreement. 28. Notices. All notices, offers, acceptances, rejections, consents, requests and other communications under this Agreement shall be in writing and will be deemed to have been given (i) when delivered in person, or (ii) when sent by first class certified or registered mail, postage prepaid, return receipt requested, or (iii) on receipt, after being sent by U.S. Express Mail or a reputable delivery service guaranteeing overnight delivery. All notices must be addressed as follows unless the person has given notice of a new address: If to Purchaser: Dynamic Doughnuts Florida Realty, Inc. 4225 Genesee Street Buffalo, New York 14225 Att; Christopher J. D'Angelo, Vice President With copy to: Dynamic Doughnuts Florida Realty, Inc. 2499 Glades Road, Suite 106 Boca Raton, FL 33431 Att: James A. Cosentino~ President With an additional copy to: Martin B. Farber, Esq. 5820 Main Street Williamsville, New York 14221 If to Seller: August and Joseph Vultaggio 1501 N.W. 2M Avenue Boca Raton, Florida 33432 With copy to: Jeffrey A. Levine, P.A. 900 North Federal Highway Boca Raton, Florida 33432 If to Escrow Agent: Sussman Realty, Inc. 1499 West Palmetto Park Road Suite 314 Boca Raton, Florida 33486 29. Waiver of Strict Construction against Drafting Party. If 17 ) , ) ( , any provision of this Agreement is subject to judicial interpretation, the court interpreting or considering such provision may not apply the presumption or rule of construction that the terms of this Agreement be rrore strictly construed against the party which itself or through its counselor other agent prepared the Agreement, as all parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel and the negotiation of changes in l~nguage I in any provision deemed unsuitable or inadequate as initially written; and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. 30. Interpretation. If anyone or more of the provisions of this Agreement is invalid, illegal or unenforceable in any respect, the validity of the remaining provisions will not be affected, prejudiced or disturbed thereby. The use of any gender includes all other genders. The singular includes the plural, and vice versa. Use of the words "herein, II "hereof, II "hereunder" and any other words of similar import refer to this Agreement as a whole and not to any particular article, section or sub-section of this Agreement unless specifically noted otherwise in this Agreement. 31. Governing Law and Jurisdiction. This Agreement will be governed by, construed and enforced in accordance with the laws of the State of Florida. The venue of any action hereunder shall be Palm Beach County, Florida. 32. Third Parties. This Agreement does not confer in favor of 18 '" ~ '} j any third parties any rights whatsoever as third-party beneficiaries, the parties hereto intending by the provisions hereof to confer no such benefits or status. 33. Calculation of Time Periods. Unless specifically provided otherwise, whenever this Agreement calls for or contemplates a period of time for the performance of any term, provision or condition of this Agreement, all of the days in such period of time must be calculated consecutively without regard to whether any of the days falling in such period of time is a Saturday, Sunday or other non-business day; provided, however, that if the last day of any such time period falls on a Saturday, Sunday or other non-business day, then the last day will be extended to the next succeeding business day. The term "business day" as used in this Agreement shall mean Monday through Friday, excluding holidays when the Federal Reserve System is closed. 34. Contract Not an Offer. This Agreement will not be binding on Seller or Purchaser nor will Seller have any obligation to Purchaser unless and until Seller executes a copy of this agreement and thereafter unconditionally delivers it to Purchaser on or before July 10, 2001 - 5 p.m. , 35. Radon Gas Notification. In accordance with the requirements of Section 404.056(8), Florida Statutes the following notice is hereby given: RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in sufficient 19 . '" "- j j c. quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your local County Public Health Center. 36. Efficiency Rating. THIS SECTION HAS BEEN INTENTIONALLY OMITTED. 37. Confidentiality. THIS SECTION HAS BEEN INTENTIONALLY OMITTED. 38. Signs. At the termination of the Due Diligence Period Seller herewith grants ,to Purchaser the right to place a sign on the Property, conformdng in all respects with the requirements of the City of Boynton Beach, advertising the Purchaser's forthcoming business venture. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the dates set forth below. PURCHASER \ ) I i By: FLORIDA REALTY, INC. ~~A-- 20 ) ) ( Witnesses: SELLER: A S ~Ll-ef<: ~1/f ~~~ OSEPH TAOOIO -tt~ ~ Date of Execution by Seller ~~I'~~~ The Escrow Agent named in this Agreement hereby acknowledges receipt of a fully executed copy of this Agreement as of the date set forth below. In addition, the Escrow Agreement agrees to hold and disburse the Deposit in accordance with the terms of this Agreement and with the General Conditions of Escrow Agent attached hereto. ecution J~_ Agent 7-y.p-tJ / 21 <, , . 1~ j ) \.;.< :,1 c CONFIRMATION OF CONTRACT We confirm and acknowledge the validity and terms and conditions of the Purchase and Sale Agreement dated July 16, 2001 by and between August and Joseph Vultaggio ("Seller") and Dynamic- Doughnuts Florida Realty, Inc., (or its assign) a Florida corporation ("Purchaser"). ~~TEE/~~ 'l} ""t gf) fJ ceJ = PIETRA LoPICCOLO Dated: 10 J-oo J F:\WPSO\Vultaggio\Confirm-K.wpd 't f f' ADDBND'OM TO THB PtJRCHASE and SALE AGREEMENT ( "AGREEMENT" ) BBTWEEN AUGUST VULTAGGIO and JOSEPH VULTAGGIO ("SBLLBR") and DYNAMIC DOUGHNUTS FLORIDA RBALTY, INC. ("BOYBR") This Addendum to the Purchase and Sale Agreement ("Agreement") between AUGUST VULTAGGIO and JOSEPH VULTAGGIO ("Seller") and DYNAMIC DOUGHNUTS FLORIDA REALTY, INC. and/ or its ass ign ( "Buyer" ) for' the Agreement dated the 16th day of July, 2001: 1. In the event of any conflict between the terms and provisions of this Addendum and the terms of the Agreement, this Addendum shall control; otherwise, all non-conflicting provisions of the Agreement shall remain in full force and effect. 2. The parties agree that the Sellers of the subject property are known as Anthony Mannino, August vultaggio, Giuseppe Vultaggio and Pietra LoPiccolo. 3. Attached, as Exhibit "A" is the legal description to the subject property that will be conveyed. 4. The parties agree that the Agreement and this Addendum are in full force and effect. S. Paragraph 5 of Agreement "Closing" shall be amended to read "in no event shall Closing take place any later than May 15, 2002, unless mutually agreed to in writing between Purchaser and Seller." 6. Paragraph 12 of Agreement "Condition Precedent" shall be amended to read that "In the event that Purchaser fails to obtain Zoning Change and Approvals on or before March 31, 2002 ("Approval Date"), this Agreement shall terminate and Purchaser shall receive its Deposit back in full." In the event that a scheduled city meeting or hearing is cancelled by the applicable government body, said Approval Date shall be extended by the number of days that shall exist between the date of said cancelled meeting or hearing, up through and including next meeting or hearing date. 7. This Addendum may be executed in counterparts, all of which shall constitute one and the same agreement. Further, facsimile signatures shall be deemed original signatures and binding upon the signatory. ~~WITNESS WHEREOF the parties have set their hands and seals on this f.=[z!K day of No ember, 2001. ~~.~ ANTHONY MANNINO JOSEP LTAGGIO a/k/a GIUSEPPE VULTA IO Ju-A--~___ L Kp(fJoYA? '"' '" EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 40 feet of Lot 10 and all of Lot 32, Block 2, LAKE BOYNTON ESTATES, PLAT I, and Lot 9 and Lots 19 through 21, inclusive, (less North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES, PLAT I, all according to the Plat thereof as recorded in Plat Book 13, Page 32, of the Public Records of Palm Beach County, Florida. .. ,. '. .' PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement. II) if mac.e this ~ day of July, 2001, by and between Salvador H. Bentn~nat and Norma T. Sentmanat,. <"Sellerll), residing at 633 N.W. lilt Avenue, Boynton Beach, Florida 33426, and Dynamio Doughnuts Florida R4lalty, .Inc., (or its assign) a Florida corporation ("Purchaser"), having offices at 4225 Genesee Street, Buffalo, New York 14225. 1. S.le of Property. Subject to termination during the Due Diligence Period (see Section 11) Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase and acquire ::rorr. Seller, the property located in Palm Beach County, Florida, consisting of the real 'property described on Exhibit .'A" att'lched hereto, including all improvements located thereon, subject t) provisions of Section 39 (collectively, the "Property") upon the terms and conditions set forth below. 2. Appurtenant Rights. Incl uded in the purchase anc the sale are all of Seller'S right, title and interest ~n and to the following (subject, however, to the "Permitted Encumbrances", as hereinafter defined below) : (a) all easements, right.s-of-way, streets and ot.her appurtenances to the Property. 3. purehaae Price,. Payment,. and, Deposit. (a) The purchase price (the II Purchase Price II ) is Two Hundred Fifty Thousand U.S. Dollars ($250,000.00), subject tc the adjustments and prorations specified below. The Purchase Price will be paid as follows: 60 38V'd NOSN3f 338 2;P59515 P0:12; 1002;!Pl,LL '. (1) On the nEffective Daten of this Agr~lement (defined below) Purchaser shall pay to Sussman RE;~alty, Inc. (nEscrow Agent'I) the sum of $5,000.00 (I.Oepc.Si t") which is to be held and applied as hereinafter prO\'ided; and (2) At the time of Closing, Purchaser shall p<,y .... '..... - :..-_-c balance of the Purchase Price to Seller subject to the adjustments provided for herein. (b) If Purchaser elects to terminate this Agreement under Sections 11 or 12 or if Seller defaults under this Agreement, then the Deposit will be returned to Purchaser. The balance of the cash to close, subject to adjustments and prorations must be paid to Seller at Closing by wire transfer of immediately avai lable Federal funds to such bank account as has been designated by Seller or by such other manner of payment as may b,e directed by SeL.er. (c) Purchaser's obligations are subject to the Due Diligence Period described in Section 11. (d) Purchaser I s obligations are subject to Zoning C:1ange and Approval Period described in Section 12. (e) "Effective Date" means the date on which this Agreement is signed by the Seller and delivered to Purchaser. 4. Title. (a) Seller agrees to deliver by proper special warranty deed, and Purchaser agrees to accept, title to the PropertYI free and clear of all liens, encumbrances and matters other than the Permitted Encumbrances. The Permitted Encumbrances are: 2 E0 39'v'd NOSN3f 339 GP99919 P13:1G T00G/>~, ~~ ~. tJlil -=!1:)~r1 (i) ordinances and other requirements of any applicable governmental authority: (ii) the lien of taxes and assessments fo:~ the calendar year of the Closing and all SubsE:quent years: (iii) restrictions and matters appearing on the plat of the Property or otherwise common to the subdivision of which the Property is a p.irt i (iv) public utility easements, so long as same does not encroach upon the current bui lding structure: (v) matters shown on the "Commitment" (defined below) which are accepted or deemed accepted by Purchaser; matters incurred by Pur~haser; and the Permitted Exceptions as set fort.~ on (vi) (vii) Exhibit liB". (b) Wi thin ten (10) days of the Effective Date, SE~ller or its agent, shall deliver or cause to be delivered to the Purchaser a commitment for owner's title insurance ("Commi tment") issued by Chicago Title Insurance Company ("Title Company") in the amount of the Purchase Price seLting forth the status of the title of the Property, together with all instruments listed as exceptions to the Commitment. The Seller shall pay for all costs of the Commitment and Owr.€r' s Policy and the Commitment and Seller's agent shall issue 3 NOSN":jf ":j39 7.t;.C;qc;r.c; tJlil:r.7. rlil~7/~T,-- 90 38\7d Policy. (c) Within fifteen (15) days after the Effective Date, Seller shall provide the Purchaser with the copy of the latest survey of the Property which it possesses. If it requires an updated survey, Purchaser may have the Property surveyed and certified by a registered Florida surveyor at its expen::le. (d) If, during the Due Diligence period, Purchaser finds title to the Property to be subject to matters other than the Permitted Exceptions, or if the survey shows any encroachments or title defects (other than Permitted Exceptions), then Purchaser shall notify Seller, in writing, during thE~ Due Diligence Period, specifying the defect{s). If any defect(s) render title unmarketable, then Seller will have sixty ,:60) days from receipt of notice to remove the defect (s). If S'31ler fails to remove the defects, or obt:;ain affirmativel:itle insurance coverage, then Purchaser, as its sole remedy fc:;c such failure, may, within five (5) business days after expiration of the sixty (60) day period, deliver notice to Seller demanding a refund of the Deposit, whereupon this Agreement will terminate and the parties will have no fur,..ther obligations to one another, other than those which are stated to survive the termination of this Agreement. If Purchaser fails to so notify Seller, then Purchaser will he deemE,d to have elected to proceed to Closing and the unresolved t.itle defect{s) will be deemed Permitted Exceptions. 5. Closing. Unless extended by the terms of Section 4, the 4 NOSN3f 339 C;P99919 P0:1l 100l/v1iTT. closing of the purchase and sale of the Property ("Closing.') will take place at a place in Palm Beach County, Florida, at a place designated by Seller, the later of December 1, 2001, or fort}' five (45) days following the official date that Zoning Change and Approvals are obtained by Purchaser (the "Closing Date"); but in no event shall Closing take place any later than March 18, 2002, unless mutually agreed to in writing between Purchaser and Seller. 6. Prorations and the Ad~u8tment. ., (a) Municipal improvement liens or other assessments~here the work has been completed or has physically commenced as of Closing (certified liens), shall be paid by Seller at Closing. Municipal improvement liens or other assessments which have been authorized but where the work has not commenced clS of Closing (pending liens) shall be assumed by Purchaser. (b) As of midnight on the day before the Closing Date: Real and personal property taxes (which include all recu::-ring assessments and levies by governmental authorities or special districts) will be prorated on the basis of the current Yl~ar! s taxes. If Closing occurs before the amount of current t.axes has been determined then those taxes will be apportioned upon the basis of the taxes for the most recent calendar year available, and a tax re-proration agreement will be incorporated into the Closing Statement. If any expenses are not known, then such expenses will be estimated and, once the amounts are known, either party may re~~est an adjustment. If neither party requests an adjustment within 5 90 38'i1d NOSN3f 338 2:P99919 P0:12: 100G/Pl11~ thirty (30) days after t.he Closing Date, then the proration!:;l made at the Closing will be final. 7. Closing Procedure and Documents. (a) At the Closing, and simultaneously with the payment of the Purchase Price to Seller, Seller must deliver, or cause to be delivered to Purchaser, the following items: (i) a Special Warranty Deed (the "DeedU) conveying fee simple title to the Property, subject to the Permitted Encumbrances and the matters referred to on the Commitment, which is acceptable to Purchaser; (ii) a FIRPTA affidavit; (iii) an affidavit in the form required by the title company, to delete the standard printed exception relating to the "gap" and to removE~the standard printed exceptions for construction liens; and (i v) an endorsement to the Commi tment delt~tin9 the "gap II exception, the exceptions for constru(~tion liens and rights of parties in possession, the survey exception (if a current survey is provided) (except to the extent such survey matters constitute Permitted Exceptions) and the Schedule B-1 requirements. (b) At Closing, and simUltaneously with the delivery to the Purchaser of the i terns set forth in paragraph (a), Purchaser must del i ver the cash to close, to Seller. in 6 I iii ~~'drl NOSN3f 339 (;P99919 P0: 1(; 100G1Pl/l: ) . ~ . accordance with Section 3. (c) At Closing, Seller and Purchaser must execute and deliver to each other a Closing Statement in customary form, and, if necessary, a tax re-proration agreement. (d) At Closing, Seller will terminate any contracts it may have entered into providing for continuing services to the Property. 8. Closing Expenses. Seller shall bear the expense,3 for state documentary stamps required to be affixed to the Deed. Seller will bear all costs relating to the Commitment and the oW::1er IS title policy to be iSsued in accordance with the Commitment. The cost of recording the Deed, the Survey (if prepared) and all of the expenses and fees in connection with any mortgage or financing obtained by Purchaser in connection with the Property, will be borne by Purchaser. Each party will bear the expense of its legal counsel. 9. Broker. The Seller and Purchaser represent that the only broker involved with this transaction is Sussman Realty, Inc., 1499 West Palmetto Park Road, Boca Raton, Florida 334BG. Broker wi:.l be entitled to receive a commission from Seller if, as, and wher. the transaction closes pursuant to a separate agreement between Se!ller and Broker. Each party hereto agrees to hold the other harlliless from the claims of any other broker claiming to have dealt with the indemnifying party in connection herewith. This indemnification shall survive the Closing or termination hereof. 10. Risk of Loss. THIS SECTION HAS BEEN INTENTIONALLY 7 OMITTED. 11. Due Diligence Period. (a) The Due Diligence Period is that period of time commencing on the Effective Date and expiring at 5:00 p.m. on the date that is forty-five (45) days later, except that the Due Diligence Period shall be extended to the date th.~t is seventy-five (75) days after the Effective Date if Purchaser determines that a Phase II Environmental Report is necessary and provides notice to Seller of its intention to obtuina Phase II Environmental Report before the expiration of f.::lrty- five (45) days after the Effective Date. During the Due Diligence Period Purchaser may investigate title, as pro'Tided in Section 4, and may obtain a Phase I Environment'al RE~port and/or a Phase II Environmental Report (the "EnvironmE~ntal Report II) with respect to the Property'; such report shall be certified to the Seller. Purchaser and its representatives must take reasonable precautions so that any inspections of the Property incident to the Environmental Report cause no damage to the Property. Any entry made on the Property by Purchaser or its representatives must be upon reasona:::>le notice to Seller and at reasonable time~ and at the sole risk of Purchaser. Purchaser shall indemnify and hold Seller harmless from losses, claims, liabilities, actions, demands, coats, and expenses, including reasonable attorney and paralegal fees and expenses, arising from or in connection with any such Environmental Report, including any entry upon 8 I.IMt"""'L.'''''''' ...,...,~ L~.T~ Tnn~ILT ..~ aT '::It'lH..J the Property by agents or contractors of Purchaser or their sub-agents or sub-contractors. Purchaser must pay for the Environmental Report performed on Or in connection wit.hthe Property and must not permit the creation of any lien in favor of any party. (b) Purchaser's indemnity obligations under this SE~ction will survive the Closing or the termination of this AgreE~ment. The Deposit will serve as a guaranty of Purchaser's indemnity and undertakings under this Section 11, and Seller is h.ereby authorized by Purchaser to apply the Deposit or any part thereof to satisfy those obligations upon written demand from Seller. (c) Purchaser may terminate this Agreement at any time during the Due Diligence Period if, for any reason, PurChaser determines that the Property is unsat.isfactory to Purc:1.aser for its desired use by giving written notice (.....Termini~tion Notice I ,) to Seller. This Agreement may also be terminat4!d by Purchaser because of title defects which are not corrected during the period provided in paragraph 4 (d) hereof. If Purchaser properly terminates this Agreement, then the Deposit shall be promptly returned to Purchaser, and upon such repayment, this Agreement will terminate, other than t.hose provisions, which are stated to survive the termination of this Agreement. TIME IS OF THE ESSENCE FOR THE PURPOSES OF THIS SECTION WITH RESPECT TO PURCHASER'S RIGHT TO TERMINATE THIS AGRE:E:MENT. 9 I\Inc::"r:u"" ::r::!Cl 7hCQCTC ha~T7 Taa7/hT:TT (d) If Purchaser fails to deliver the Termination ~~tice to Seller by 5:00 p.m. on the last day of the Due Diligence Period as provided in paragraph 11 (a) I or as providl~d in Section 4 (d) hereof, then, except upon Seller's failure and refusal to close, and Purchaser's election to do so, Purchaser will be deemed to have waived any right to terminate this Agreement under this Section. 12. Condi tion Precedent: The Purchaser · s Purchase of the Subject Property shall be expressly conditioned upon its receipt of an approval for a change of zoning of the Subj ect Property fr,:)m R2 (Multi-family) to C-2 (Neighborhood commercial) from all re~lired local and state governmental authorities (...... Zoning Change I ') .:\long with its receipt of all' necessary approvals (city and state) INhich shall allow for the Purchaser's construction and operation of a fast food restaurant of approximately 4500 'square feet consi!lting of a drive thru which are satisfactory to allow the operation of a franchised restaurant as selected by Purchaser (....Approval:s ' , ) . Purchaser shall be responsible for the cost and expense of obtaining said Zoning Change and Approvals. Said Zoning ChangE~ and Approvals required by Purchaser with regards to the Subject Property shall be directly related to and in direct connection with Purchaser's application regarding the adjacent property (....Adjalcent Property.') which Adjacent Property and Subject Property shall be combined together and become the Purchaser'S over-all application. It is understood and agreed between the parties that said Zoning Change and Approvals must be received on or before December 1, 10 TT ":It'lH..l Nn~N':!r ':!':!t:'J 7.bGQGTG ry(;1: T7 TS,",7 ,.- -- ~-- 2001. In the event Purchaser does not receive Zoning Change and Approvals by this date as a result of delays caused beyond its reasonable control, and provided that Purchaser has dilisrently prosecuted such Zoning Changes and Approvals, it shall be provided with up to an additional 60 days to receive such Zoning Chansre and Approva.ls. Purchaser agrees to use its best efforts to dilisrently Pursue said Zoning Change and Approvals and keep Seller advi~ed as to its progress. In the event that Purchaser fails to obtain Zoning Change and Approvals on or before 12: 00 AM, Januar:r 31 t 2002, this Agreement shall terminate and the Purchaser shall receive its Deposit back in full. 13. Purchase of Adjacent Property by Purchaser: Purchaser represents that simultaneous with the execution of thia Agreement, it is entering into a Purchase and Sale Agreement with the Adj,:J.cent Property owner to purchase said Adjacent Property. It is the sole intention of the Purchaser to purchase and utilize the Adjacent Property in connection with its proposed site plan and develOI)ment of the restaurant, and in order to meet certain requirements related to the necessary Approvala to be obtained as a condition of this Agreement. l4. Seller Cooperation: Seller agrees to fully cooperate with Purchaser and its agents with respect to the signing of applications, permits, approvals, etc. which may be required to obtain Zoning Change and Approvals provided that none of which will irrevocably encumber or bind the Subject Property in the event that Purchaser fails to close. II 61 38\i1d NOSN3f 338 6P99919 P0 : 12'; 100G!P LT: 15. Condition of Pro~erty: Except as specifically Set forth in this Agreement, Seller makes no representations or warranties expressed or implied, with respect to the quality, physical condition, expenses, legal status, zoning, value, utility or potential of the Property; or any other matter or thing affecting or relating to the Property, or to this Agreement (including, without limitation, warranties of merchantability and/or fitness for a particular purpose) which might be pertinent in considering whether to purchase the Property or to makE~ and enter into this Agreement, and Purchaser acknowledges that, eKcept as provided in this agreement, no such representation:3 or warranties have been made or relied upon. Seller is not liable or bound in any manner by any warranties, either express or imp:_ied, guaranties, or any promises, statement, representationE~ of information pertaining to the Property or .the value thereof made or furnished by any employee I servant I broker or other pE~rson representing or purporting to represent Seller, the Sell.er IS liability being strictly limited to the express representationEi and warranties set forth in this Agreement. If it elects to purchase che Property, then Purchaser is acquiring it "AS IS, WHERE ISII AND "WITH ALL FAULTS". 16. Selle~'s Warranties. To induce Purchaser to enter into this Agreement, Seller makes the following representations and warranties which are true as of the Effective Date and shall be true as of the Closing Date but which shall not survive Closing: (a) Seller represents that they have full right and 12 ~T -=!!=)tlrI NOSN3r 339 lPg9gTg Plil : 17. Tlillil7. It? T " F authority to enter into this Agreement and sell the Property, and that, as of the date hereof, Seller has receivf~d no notices of violations by any governmental agency having jurisdiction over or affecting the Property. (b) Seller has no actual notice of any suits, actions or proceedings pending or, to the best of Seller I s knowledge, threatened, against or affecting the Property, or the transactions contemplated herein, and Seller is not in default with respect to any judgment, order, writ, injunction, rule or regulation of any court or governmental agency or commil3sion to which Seller is subj ect in any way affecting the PrOpl!!rty I or the transactions contemplated herein. (c) Seller has no actual notice of any pendin'3 or threatened legal or administrative proceedings relative to condemnation, or other taking by governmental authority, of all or any portion of the Property. (d) Seller is not a lIforeign person" as that term is defined in Section 144S(f) (3) of the Internal Revenue Code. 17. Prohibition of Recording. Purchaser may not record this Agreement. If Purchaser (or any agent or representative of Purchaser) attempts to record this Agreement or any memorandum hereof or any reference hereto in the public records, then Seller may terminate this Agreement by notice to Purchaser. If Seller terminates this Agreement under this Section, then Seller shall retain the Deposit and the parties will be relieved of any further liability or obligation under this Agreement (except as other'l/ise 13 1;1t -=J9t1d NOSN3f 339 lP99919 P0:1l 100llP1/11 specifically provided herein) . 18. Default. (a) If, after the termination of the Due Diligence Period, and upon Purchaser's receipt of Zoning Change and Approvals, Purchaser defaults in the payment of the Purchase Price or otherwise fails or refuses to close on the purchase 0:: the Property, without the fault of Seller and without a failure of title, then Seller will be entitled to retain the Deposit, as its sole remedy and as full and agreed upon liquidated damages, consideration for the execution of this Agreement, and in full settlement of Seller's claims against Purchaser, the pa:rties acknowledging that the actual damages of Seller would be impossible to determine and, thereupon, the parties will be relieved oj: all further obligations under this Agreement except for those provisions specified to survive the termination of this AgreeTnent. (b) If Purchaser has satisfied its obligations pUr!3Uant to this Agreement, but Seller fails or refuses to close on the sale of the Property, then Purchaser may, either (i) receive a full refund of the Deposit; (ii) sue Seller for specific performance of this Agreement; (iii) bring suit against Seller for any damages incurred by Purchaser because of the default by Seller. 19. Su:rvival. Except as specifically provided other'wise herein, all covenants/ terms, provisions, representations and warranties set forth in this Agreement, will be merged into DeE'd at Closing. 20. Counterparts. This Agreement may be executed in one or 14 l:jl 39\;1d NOSN3f 339 6P99919 Pia : 16 1lalaGlPl" 11 more counterparts, each of which is an original but all of which, together, constitute one and the same agreement. 21. Time of Bssence. TIME IS OF THE ESSENCE ON THE PART OF EACH PARTY PERFORMING ALL OF THE TERMS, CONDITIONS AND COVENANTS TO BE PERFORMED UNDER THIS AGREEMENT. 22. Modi.fication Must Be in W:t'itin~. Any modificatiQn of this Agreement will be invalid unless executed in writinH and signed by the applicable duly authorized representatives of Seller and Purchaser. 23. No Waive. Except as otherwise provided in this Agreement, no waiver of any provision of this Agreement will be effective unless it is in writing. and signed by the party against whom it is asserted, and any such written waiver will only be applicable to the specific instance to which it relates and will not be deemE~d to be a continuing or future waiver. 24. Captions and Section Headings. Captions and Section headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend, or limit. the scope or intent of this Agreement, nor the intent of any provision thereof. 25. Exhi.bits. All of the exhibits attached hereto are incorporated herein by reference and form part of this Agreement for all purposes. For convenient reference, the following list briefly describes the exhibits to this Agreement: Exhibit IIA" - Legal Description 15 91 38'Vd NOSN3f 338 GP99919 P0 : 1G 100G1P 1 / n Exhibit "B" - Permitted Exceptions Exhibit "C'I- Adjacent Property Agreement 26. Asai.gnabilitY1 Bindi.ng Effect~ Provided that Purchaser remains liable to Seller according to the terms of this AgreE!ment, Purchaser may assign its rights pursuant to this Agreement. This Agreement will inure to the benefit of and be binding upo:n the parties hereto and their respective heirs, personal representatives, successors and assigns. 27. ~ttorneys' Fees. In the event of any litigation arising out of or connected in any manner with this Agreement, the nonprevailing party must pay the costs of the prevailing p.:t.rty, including its reasonable attorney and paralegal fees and expl~nses incurred in connection therewith through and including the costs of any appeals and appellate costs relating thereto. This Section 27 will survive Closing or the termination of this Agreement. 28. Notices. All notices, offers, acceptances, rejections, consents, requests and other communications under this AgreElment shall be in writing and will be deemed to have been given (i) when delivered in person, or (ii) when sent by first class certifiE!d or registered mail, postage prepaid, return receipt requested, or (iii) on receipt, after being sent by U.S. Express Mail ()r a reputable delivery service guaranteeing overnight delivery. All notices must be addressed as follows unless the person has given notice of a new address: If to Purchaser: Dynamic Doughnuts Florida Realty, Inc. 4225 Genesee Street 16 L1: 38\;1d NOSN3f 338 (;P99919 P0 :1:(; 100G1Pl:/H Buffalo, New York 14225 Att: Christopher J. D'Angelo, Vice Presi~ent With copy to: Dynamic Doughnuts Florida Realty, Inc. 2499 Glades Road, Suite 106 Boca Raton, FL 33431 Att: James A. Cosentino, President With an additional copy to: Martin B. Farber, Esq. 5820 Main Street Williamsville, New York 14221 If to Seller: Salvador H. Sentmanat and Norma T. SentmClnat fi33 N. W. 1st Avenue Boynton Beach, Florida 33426 With copy to: Jeffrey A. Levine, P.A. 900 North Federal Highway Boca Raton, Florida 33432 If to Escrow Agent: Sussman Realty, Inc. 1499 West Palmetto Park Road Suite 314 Boca Raton, Florida 33486 29. Waiver of St~ict Construction against Drafting Part~'. If any provision of this Agreement is subject to judicial interpretation, the court interpreting or considering such provision may not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed agelinst the party which itself or through its counselor other agent prepared the Agreement, as all parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel and the negotiation of changen in language' in any provision deemed unsuitable or inadequatE~ as initially written; and, therefore, the application of such presumption or rule of construction would be inappropriate and 17 IH ':Ir'i~~ NnC:;N-=lr -=l-=ll':) 7.vC:QC:TC: vlil:T7. Tlillil7.lvT,'TT contrary to the intent of the parties. 30. Inte~retation. If anyone or more of the provisions of this Agreement is invalid, illegal or unenforceable in any respect, the validity of the remaining provisions will not be affe.:ted, prejudiced or disturbed thereby. The use of any gender includes all other genders. The singular includes the plural, and vice Vl~rsa. Use of the words "herein," "hereof," "hereunder" and any <:)ther words of similar import refer to this Agreement as a whole and not to any particular article, section or sub-section of this Agre.i!ment unless specifically noted otherwise in this Agreement. 31. Governing Law and Juri8diction._This Agreement will be governed by, construed a.nd enforced in accordance with the la~ls of the State of Florida. The venue of any action hereunder shall be Palm Beach County, Florida. 32. Third Parties. This Agreement does not confer in favclr of any third parties any rights whatsoever as third-party beneficiaries, the parties hereto intending by the provisions hereof to confer no such benefits or status. 18 l=.T '"::I1:'\~...l Nnc::"r=l r ":r=l~ 7bCQCTC b~~T7 T~~7JhT)TT '. 33. Calculation of Time Periods._Uhless specifically provided otherwise, whenever this Agreement calls for or contempla'~eaa period of time for the performance of any term, provisicm or condition of this Agreement, all of the days in such period of time must be calculated consecutively without regard to whether any of the days falling in such period of time is a Saturday, Sunday or other non-business day; provided, however, that if the last day of any such time period falls on a Saturday, Sunday or ,~ther non-business day, then the last day will be extended to the next succeeding business day. The term "business day II as used in this Agreement shall mean Monday through Friday, excluding holidays when the Federal Reserve System is clOsed. 34. Contract Not an Offer. This Agreement will not be binding on Seller or Purchaser nor will Seller have any obligation to Purchaser unless and until Seller executes a copy of this agref~ment and thereafter unconditionally delivers it to Purchaser on or before July 10, 2001 - 5 p.m. 35. Radon Gas Notification. In accordance witt. the requirements of Section 404.056 (8), Florida Statutes the follc1wing notice is hereby given: RADON GASI Radon is a naturally occurring radioactive. gas that, when it is accumulated in a building in sufficient quantities, may present health risks to persone who are exposed to it over time. Levels of radon that exeeed federal and state guidelines hav. been found in buildings 19 (;17. -=!1:)'dM NOSN3f 339 lP99919 P0:1l 100l/Pl/ll in Plorida. Additional infor.mation regarding rada~ and radon t.ating may be obtained from your local County Public Health Center. 36. Efficiency Rating. THIS SECTION HAS BEEN INTENTla~ALLY OMITTED. 37. Confidentiality. THIS SECTION HAS BEEN INTENTIO;";ALLY OMITTED. 38. Signs. THIS SECTION HAS BEEN INTENTIONALLY OMITTED. 39. Re8:)val of Existing Building. Purchaser and Seller agree that Seller is granted the right, but does not have the obligation, to remove the existing building from the Property at Seller IS expense. In the event that Seller desires to remove the existting building, Seller shall do so within seven (7) days after cloe:ing. Seller shall be responsible for all costs and expenses of remc~ing the building and shall have full liability related to the removal of the existing building. Seller shall obtain liability insurance with limits of not less than $1,000,000.00 and name Purchaser as a loss payee on such policy, for the period until the existing building is moved. ~ " , IN WlTNBSS WHEREOF, the parties hereto have duly execute" this Agreement as of the dates set forth below. PURCHASER ~ FLORIDA REALTY, INC. By: )~ SELLER Ah-jl-f /J.d:~J~J~ .-sALVADOR H. SENTMANAT {Zenna.! ~~44rJt N RMA T. SENTMANAT Date of Execution by Seller The Escrow Agent named in this Agreement hereby acknowledges receipt of a fully executed copy of this Agreement as of the date set forth below. In addition, the Escrow Agreement agrees to hold and disburse the Deposit in accordance with the terms of this Agreement and with the General Conditions of Escrow Agent attached hereto. ~ SUSSMAN ~Ar;f. ,. ADDENDUM TO THE PURCHASE AND SALE AGREEMENT ( "AGREEMENT" ) BETWEEN SALVADOR H. SENTMANAT AND NORMA T. SENTMANAT ( II SELLER" ) and DYNAMIC DOOGHNUTS FLORIDA REALTY, INC., and/or assigns (IIBUYERII) This Addendum to the Purchase and Sale Agreement ("Agreement") between SALVADOR H. SENTMANAT and NORMA T. SENTMANAT ("Seller") and DYNAMIC DOUGHNUTS FLORIDA REALTY, INC., and/or assigns ("Buyer") for the Agreement dated the 16th day of July, 2001. 1. In the event of any conflict between the terms and prov~s~ons of this Addendum and the terms of the Agreement and Addendum, this Addendum shall control; otherwise, all non-conflicting provisions of the Agreement shall remain in full force and effect. 2. Attached as Exhibit "A" is the legal description to the subject property that will be conveyed. , 3. The parties agree that the Agreement, Addendum and this Addendum are in full force and effect. 4. Paragraph 5 of Agreement "Closing" shall be amended to read "in no event shall Closing take place any later than May 15, 2002, unless mutually agreed to in writing between Purchaser and Seller." 5. Paragraph 12 of Agreement "Condition Precedent" shall be amended to read that "In the event that Purchaser fails to obtain Zoning Change and Approvals on or before March 31, 2002 ("Approval Date"), this Agreement shall terminate and Purchaser shall receive its Deposit back in full." In the event that a scheduled city meeting or hearing is cancelled by the applicable government body, said Approval Date shall be extended by the number of days that shall exist between the date of said cancelled meeting or hearing, up through and including next meeting or hearing date. 6. This Addendum may be executed in counterparts, all of which shall constitute one and the same agreement. Further, facsimile signatures shall be deemed original signatures and binding upon the signatory. IN WITNESS WHEREOF the parties have set their hands and seals on this ~ day of November, 2001. 4'/4 ~~4~:t; /~~ ~ NORMA T. SENTMANAT By DOUGHNUTS FLORIDA INC. Page 1 of 1 \~. ,- EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. F:\WPSO\sentmanat\Legal.wpd ADDBND'CM TO THE PURCHASE AND SALE AGREEMENT ( "AGREEMENT") BETWEEN SALVADOR H. SENTMANAT AND NORMA T. SENTMANAT ( n SELLER n ) and DYNAMIC DOOGHNUTS FLORIDA REALTY, INC., and/or assigns (nBUYERn) This Addendum to the Purchase and Sale Agreement ("Agreement") between SALVADOR H. SENTMANAT and NORMA T. SENTMANAT ("Seller") and DYNAMIC DOUGHNUTS FLORIDA REALTY, INC., and/or assigns ("Buyer") for the Agreement dated the 16th day of July, 2001. 1. In the event of any conflict between the terms and prOV1S1ons of this Addendum and the terms of the Agreement and Addendum, this Addendum shall control; otherwise, all non-conflicting provisions of the Agreement shall remain in full force and effect. 2. Attached as Exhibit "A" is the legal description to the subject property that will be conveyed. ~ 3. The parties agree that the Agreement, Addendum and this Addendum are in full force and effect. 4. Paragraph 5 of Agreement "Closing" shall be amended to read "in no event shall Closing take place any later than May 15, 2002, unless mutually agreed to in writing between Purchaser and Seller." 5. Paragraph 12 of Agreement "Condition Precedent" shall be amended to read that "In the event that Purchaser fails to obtain Zoning Change and Approvals on or before March 31, 2002 ("Approval Date"), this Agreement shall terminate and Purchaser shall receive its Deposit back in full." In the event that a scheduled city meeting or hearing is cancelled by the applicable government body, said Approval Date shall be extended by the number of days that shall exist between the date of said cancelled meeting or hearing, up through and including next meeting or hearing date. 6. This Addendum may be executed in counterparts, all of which shall constitute one and the same agreement. Further, facsimile signatures shall be deemed original signatures and binding upon the signatory. IN WITNESS WHEREOF the parties have set their hands and seals on this ~day of November, 2001. ~A-(' #~4M..(i; /~ ~ NORMA T. SENTMl\NAT DYNAMIC DOUGHNUTS FLORIDA EALTY, INC. By Page 1 of 1 " \, , EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of -way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. F:\WPSO\Sentmanat\Legal.wpd r- PROJECT NAME: Krispy Kreme ., LOCATION: 633 NW 1 st Avenue COMPUTER ID: I FILE NO.: COUS 01-005 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Dynamic Doughnuts of Florida Scott Barber & Gee & Jenson PHONE: 716-634-2121 PHONE: 561-515-6641 FAX: 716-634-6059 FAX: 561-515-6502 ADDRESS: 4225 Genesee St. ADDRESS: One Harvard Circle Buffalo, NY 14255 West Palm Beach, FL 33409 I cell r~'. . Date of submittal/Proiected meetm2 dates: SUBMITT AL / RESUBMITT AL 9/5/01 1 ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: N/A TRC MEETING: 10/16/01 PROJECTED RESUBMITTAL DATE: N/A ACTUAL RESUBMITTAL DATE: N/A 2ND REVIEW COMMENTS DUE: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD 11/27/01 MEETING: COMMUNITY REDEVELOPMENT N/A AGENCY BOARD CITY COMMISSION MEETING: 12/4/01 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\krispy kreme\COUS\2001 PROJECT TRACKING INFO.doc City Codes Accessed via Website www.bovnton-beach.org www.amlegaI.comlboynton_beach_fl Has applicant attended a pre-application meeting? 'Date: CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION CONDITIONAL USE APPLICATION NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Division (two (2) copies of application required). PROJECT NAME: Krispy ~ane - Boynton Beach Blvd. AGENT'S NAME: Gee & Jenson c/o Scott Barber ADDRESS: One Harvard Circle, West Palm Beach. FL 33409 PHONE: 561-515-6641 FAX: 561-515-6502 OWNER'S NAME: (or trustee) ADDRESS: See Exhibit "A" PHONE: FAX: PROJECT LOCATION: Four lXlrcels all beinq South of Boynton Beach Blvd. Having a mailing address of 633 NW 1st Ave.; 3015 S. Ocean Blvd., Apt. 4H; 1501 NW 2nd Ave. and 3015 S. Ocean Blvd., No. 404 (not legal description) PCN NUMBER: 08-43-45-29-01-002 - (0071) and (0090) and (0101) and (0300) CORRESPONDENCE ADDRESS: * (if different than agent or owner) *This is the only address to which all agendas, letters and other materials will be forwarded. Date Submitted: Applicant's Name: Krispy Krane of South Florida, LIe Applicant's Address: 4225 Genesee Street, Buffalo, New York 14225 Phone: 716-634-2121 Fax: 716-634-6059 Legal Description: See Exhibit "B" Project Description: Fast Food Doughnut Shop with a drive-thru Owner Signature ~ The Owner has hereby designated the above-signed person to act as his agent in regard to this petition. (To be executed when Owner designates another to act on his behalf.) 2 I. GENERAL INFORMATION a. All property owners located within (400) four hundred feet surrounding the subject parcel shall be notified. b. The ownership of all surrounding properties as submitted by the applicant, shall be reviewed by the City Clerk, who shall notify the owners by regular mail of the date and purpose of the public hearing held in conjunction with the conditional use application. c. Notice of the public hearing shall also be advertised in a newspaper published in the City at least ten (10) days in advance of the hearing. d. At the public hearing held by the Planning and Development Board and Community Redevelopment Agency Board (CRA), evidence for or against may be presented. e. The Planning and Development Board or CRA may recommend, approval with modification or denial of the application subject to the standards provided in Ordinance No. 76-46. A written report of the Board's findings shall be forwarded to the City Commission. f. At a regular meeting, the City Commission may approve, approve with modification or deny the application subject to the standards provided in Ordinance No. 76-46. g. Each new application for conditional use approval shall be accompanied by a fee payable to the City of Boynton Beach as per the fee schedule, as well as addressed envelopes for property owners to be notified. h. Each application for an extension in time of a conditional use approval shall be accompanied by a fee payable to the City of Boynton Beach for one hundred and twenty- five ($125) dollars. Such application shall be submitted to the Planning Director not less than 45 days prior to the expiration of the approval. 1. Representative of the project must be present at all Technical Review Committee. Planning and Develo-pment Board, or CRA, and City Commission Meetings held to review this project. II. CONTENTS OF THE CONDITIONAL USE APPLICATION Application for conditional use shall contain two (2) copies ofthe following items: a. Statement of the applicant's interest in the property to be developed, including a copy of the last recorded Warranty Deed, and a certificate from an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent oftheir interest therein, and: 1. If joint and several ownership, a written consent to the development proposal by all owners of record, or 3 2. If a contract purchase, a copy of the purchase contract and written consent of the - seller/owner, or 3. If an authorized agent, a copy of the agency agreement and written consent of the principal/owner, or 4. If a lessee, a copy of the lease agreement and written consent of the owner, or, 5. If a corporation or other business entity, the name of the officer or person responsible for the application, and written proof that said representatives have the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proofthat he is in fact an officer of the corporation. b. Legal survey, prepared by a surveyor registered in the State of Florida, showing an accurate legal description of the subject property, and the total acreage computed to the nearest one-hundredth (11100) of an acre (these two surveys are in addition to the surveys required on page 6 of this application, Sec. TII.19.). c: Vicinity map, showing the location of the subject property in relation to the surrounding street system. d. Drawing showing the location of all property lying four hundred feet (400) adjacent to the subject parcel, and a complete list of the property owners' names, mailing addresses and legal descriptions. The owners of property shall be those recorded on the latest official County tax rolls. Such list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge, said list is complete and accurate. Contact: Palm Beach County, Property Appraisers Office, Attn: Mapping Division, 301 North Olive Ave., WPB, FL. III. SITE PLAN REQUIREMENTS Twelve (12) complete, assembled and stapled sets of plans shall be submitted. All drawings shall be scaled and the maximum size sheet shall be 24" x 36". The following site information shall be shown on the submitted plans or where applicable, separately submitted. Incomplete site plans will not be processed. (please check) 1. Boundaries and dimensions of the parcel. 2. Scale, graphic scale, north arrow, and date. 3. Adj acent properties or land uses. 4. Pavement edge and/or right-of-way lines for all streets, alleys, sidewalks, turn lanes, driveways and unimproved rights-of-way within one-hundred (100) feet of the site. Also, names of adjacent streets and rights-of-way. 5. Location of all proposed structures, and any existing structures that are to remain on the site. 6. Setbacks of all structures (over 3 ft. in height) from property lines. 4 7. Use of each structure, indicated on the site plan. 8. Number of efficiency, I-bedroom, 2 bedroom, etc, dwelling units in each residential structure, to be indicated on site plan. 9. Indication of height and number of stories of each structure. 10. Indication of structures, equipment, etc., above 45 foot height, including height in excess of 45 ft. 11. Floor plans or typical floor plans for all structures. 12. Finish floor elevations of all structure. 13. Uses within each structure, indicated on floor plans. 14. Elevations or typical elevations of all structures; including materials, surfaces, including roofs. 15. Indication of the numbers and types of recreational facilities to be provided for residential developments. 16. Indication on site plan of location, orientation, and height of all freestanding signs and wall signs. 17. Location of walls and fences, and indication of their height, materials, and color. 18. A landscape plan, showing conformance with the Landscape Code and Tree Preservation Code, and showing adequate watering facilities. Plants must be keyed out according to species, size and quantity. 19. A sealed survey, by a surveyor registered in the State of Florida, and not older than six (6) months, showing property lines, including bearings and dimensions, north arrow, date, scale, existing structures and paving, existing elevations on site, rights- of-way and easements on or adjacent to the site, utilities on or adjacent to the site, legal description, acreage to the nearest one-hundredth (1/100) of an acre, location sketch, and surveyor's certification. Also, sizes and locations of existing trees and shrubs, including common and botanical names, and indication as to which are to be retained, removed, and relocated, or replaced. 20. Location of existing utility lines on or adjacent to the property to be indicated on the site plan, in addition to being shown on the survey. Also, location of existing fire hydrants on or adjacent to the site. 21. Location of additional fire hydrants, to meet standards set forth in Article X, Section 16 of the Subdivision and Platting Regulations. 22. Fire flow calculations justifying line size for both on/off site water lines. 5 23. Sealed engineering drawings for proposed utilities, as per City specifications. 24. Information regarding form of ownership (condominium, fee simple, lease, etc.). 25. Location and orientation of garbage cans or dumpster facilities. All garbage dumpsters must be so located to provide direct access for the City front-endloaders, and the dumpster area must be provided with adequate width and height clearance. The site must be so designed to eliminate the necessity for the front-end loader to back into any street. If any use requires the disposal of wet garbage, a ten foot by ten foot (10' x 10') concrete slab shall be provided. All dumpsters must be screened and landscaped in accordance with the City Landscape Code (see Sec. 7.5-35(1)). A minimum 10- foot wide opening is required for dumpster enclosures. 26. A parking lot design and construction plan showing conformance to the City Parking Lot Regulations, and including the following information. Any exceptions to the Parking Lot Regulations that are proposed for that are continued will require an application for variance to the Parking Lot Regulations. a. Location of all parking and loading facilities. b. A parking lot layout plan, including curbs, car stops, and double striping. c. A cross-section of materials to be used in the construction of the parking lot. d. A lighting plan for the building exterior and site, including exterior security lighting, and lighting for driveways and parking lots; to include the location of lighting standards, direction of lighting, fixture types, lamp types and sizes, and average illumination level(s) in foot candles. e. Information showing conformance with the City Street and Sidewalk Ordinance, including construction of sidewalks along adjacent public streets. f. Location of existing and proposed public and private streets, including ultimate rights-of-way. g. On-site traffic plan, including arrows and other pavement markings, traffic signs, and stop signs at exits. h. Location of handicap parking spaces, plus signs and access ramps, consistent with the State Handicap Code. 1. A drainage plan for the entire site, including parking area; to include finish grade and pavement elevations, drainage calculations, and details of the drainage system. If the total impervious area on site exceeds twenty-five thousand (25,000) square feet, then drainage plans and calculations must be prepared by an engineer registered in the State of Florida, and must be sealed. Percolation tests must by provided with drainage calculations. 6 J. Existing elevations on adjacent properties, and on adjacent rights-of-way. 27. Where conformance with the County's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmentally Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal of the site plan to the City. 28. Submit a traffic impact analysis for the proposed use. The analysis shall comply with the Palm Beach County Traffic Performance Standards Ordinance. Six (6) copies of the analysis shall be submitted with all conditional use applications. NOTE: Failure to submit traffic impact analysis in the manner described above may delay approval of the site plan application. 29. In addition to the above requirements, the following items shall be submitted to the Planning and Zoning Division no later than the site plan deadline: a. One copy of colored elevations, not mounted, for all buildings and signage to be constructed on site. These elevations must be of all sides of each type of building and signage proposed and the colors proposed must be accompanied by a numerical code from an established chart of colors. b. Elevations must also include information related to building materials. All elevations must be submitted on 24" x 36" drawings. Buildings constructed will be inspected on the basis of the elevations submitted to the City and approved by the City Commission. Failure to construct buildings consistent with elevations submitted will result in the Certificate of Occupancy being withheld. c. A transparency of the site plan (maximum size of 8-112" x 11") or 8-112" x 11" reductions of submitted plans to be used at public hearings. However, the Planning and Zoning Division will not be responsible for poor quality transparencies which result from the submission of poor quality site plan blueprints, and poor quality transparencies will not be presented to the Planning and Development Board or CRA and City Commission. d. Colored photographs of surrounding buildings (minimum size 8" x 10"). 30. Any other engineering and/or technical data, as may be required by the Technical Review Committee to determine compliance with the provisions of the City's Code of Ordinances. Any of the above requirements may be waived by the Technical Review Committee, if such information is deemed to be non-essential by the Committee. IV SITE DATA The following information must be filled out below and must appear, where applicable, on all copies of the site plan. 7 1. Land Use Catel!Orv shown on the Comprehensive Plan Future Land Use Map: Cc:l:tlrercial and residential (residential is currently underqoinq a zoning change to cannercial) 2. Zonine: District C2 and R2 (R2 is currently undergoing a zoning reclassification) 3. Area of Site 45,302.4 4. Land Use _ Acreae:e Breakdown: Cannercial 34,000 sf +/- and Residential 11,470 sf +/- a. Residential, including _ 26 site surrounding lot area or grounds acres is %of b. Recreation Areas * (excluding water area) -0- acres -0- % of site c. Water Area -0- acres -0- % of site d. Commercial 1.04 acres 100 % of site e. Industrial -0- acres -0- % of site f. PubliclInstitutional -0- -0- % of site acres g. Public, Private, and Canal Rights-of-Way -0- acres -0- % of site h. Other (specify) Utility easement .03 acres .00006 % of site 1. Total area of Site 1.04 acres 100% of site Including open space suitable for outdoor recreation. and having a minimum dimension of 50 ft. bv 50 ft. 5. Surface Cover a. Ground Floor Building ("building footprint") 4.,36G 4,&80 sq. ft. $ 9 % of site Area b. Water Area -0- sq. ft. % of site c. Other Impervious Areas, including paved area of public & private streets, paved area of parking lots and driveways (excluding landscaped are as) and sidewalks, patios, decks, and 8 athletic 32,190 courts sq. ft. % -12....of site. d. 37,190 sq. ft. R? % of site Total hnpervious Area e. Landscaped Area Inside of Parking Lots (20 sq. ft. per interior parking space required--see Sec. 7.5- 35(g) of Landscape Code). 3,370 sq. ft % of site f. Other Landscaped Areas, excluding Water Area 877 sq. ft. % of site g. Other Pervious Areas, including Golf Courses, Natural areas, Yards, and Swales, but excluding Water Areas 0 sq. ft. % of site h. 828 % of site sq. ft. Total Pervious Areas 1. Total Area of Site 45,470 sq. ft. 100% of site 6. Floor Area a. Residential b. CommerciaIlOffice c. IndustriallW arehouse d. Recreational e. Public/Institutional f. Other (specify) g. Other (specify) h. Total Floor Area sq. ft. sq. ft. ~ 1,368 L-f. (g '80 sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. 4~~O . 4-,J68 ~ 7. Number of Residential Dwelling Units a. Single-Family Residential dwelling units -0- b. Duplex dwelling units c. Multi-family (3 + attached dwelling units 1) Efficiency dwelling units 2) 1 Bedroom dwelling units 3) 2 Bedroom dwelling units 9 4) 3+ Bedroom dwelling units d. Total Multi-Family dwelling units e. Total Number of Dwelling Units -0- 8. Gross Density -0- dwelling units per acre 9. Maximum Hei!!ht of Structures on Site 25 feet 2 stories 10. Required Off-Street Parkin!! Calculation of Required Parking Spaces Off-Street Parking Spaces 54 Number of Off-Street Parking Spaces Provided on Site Plan 54 40 54 RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this d- (.sf day of !JOJe",W 9------4" C-A: =;; ~ GJ~ ApplIcant 10 NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL BOARD OF ZONING APPEALS VARIANCE All applications received by the City of Boynton Beach shall be accompanied by the list of names and addresses of all property owners within four hundred (400) feet of the subject property. Applications will not be accepted without these mailing labels and addressed envelopes CONTACT: PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE ATTN: MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 AFFIDA VIT STATE OF FLORIDA COUNTY OF PALM BEACH ) ) ) S.S. BEFORE ME THIS DAY PERSONALLY APPEARED J~1f l3tu6er DULY SWORN, DEPOSES AND SAYS: , WHO BEING That the accompanying Property Owners List is, to the best of his knowledge, a complete and accurate list of all property owners, mailing addresses and legal descriptions as recorded in the latest official tax rolls in the County Courthouse for all property with Four Hundred (400) feet of the below described parcel ofland. The property in question is legally described as follows: SEE ATTACHED EXHIBIT "A" FURTHER AFFIANT SA YETH NOT. ~- Sworn to and subscribed before me this n I ST ~ . I AI/II,.... .......... ....... (/0.. day of Ov A.D., 20 a.i"1f~ MYCOMMISSloN'CC954585 11 "': n ~, · EXPIRES: July 12, 2004 ~ A. .. Bonded ThIU Notary PuNIc Underwrtlers Notary Public State of Florida at Large s ~ "No\ 0 rt.. PA-fre- \~~\~\. My Commission Expires: _ 20 NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS Please be advised that all applications for the following land development orders and permits which are submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation, park, and road facilities) would be available to serve the project, consistent with the levels of service which are adopted in the City's Comprehensive Plan: Building permit applications for the construction of improvements which, in and by themselves, would create demand for public facilities. Applications for site plan approval. Applications for conditional use approval. Applications for subdivision master plan approval. Applications for preliminary plat approval. Applications for fmal plat approval. Applications for rezoning to planned zoning districts. Applications for revisions to any of the applications listed above, which would increase the demand for any public facility. Any other application which, in and by itself, would establish the density or intensity of use of land, or a maximum density or intensity of use of land. * Applications for development orders and permits submitted after February 1. 1990 and which generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic Performance Standards Ordinance, unless exempt from that ordinance. Please be advised, however, that the following applications will be exempt from the Concurrency Management Ordinance, pending fmal approval of this ordinance by the City Commission: 12 Applications for the development of property which was platted on or after January 13, 1978 and either the final plat or the preliminary plat and Palm Beach County Health Department permit applications were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the general use which was intended for the property at the time of platting. Applications for the development of property which was platted prior to January 13, 1978, the area of the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net vehicle trips per day. Applications for building permit, if a site plan or conditional use application was submitted prior to June 1, 1990 and subsequently approved and the site plan or conditional use has not expired. Applications for the development of property within an approved Development of Regional Impact, and which are consistent wit~ the approved DR!. Applications for approval of final plats, if the preliminary plat and application for Palm Beach county Health Department permits for utilities have been submitted prior to June 1, 1990. Applications for revisions to previously approved development orders or permits, which do not increase the demand for any public facility. Please be advised that these exemption rules are tentative and will be subject to final approval by the City Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management Ordinance, please contact the Boynton Beach Planning Division at (561) 742-6260) Rev. 10/16/01 J.\SHRDATA\Planning\SHARED\WP\FORMS\APPLlCATIONS\COUS\Revised Conditional Use app-03-26-0l.doc 13 EXHIBIT "A" NAMES, ADDRESSES, ETC. 1. Anthony Mannino 3015 S. Ocean Boulevard, Apt. 4A Highland Beach, Florida 33487 Phone: (561) 265-2903 2. August Vultaggio 17782 Fox Borough Lane Boca Raton, Florida 33496 Phone: (561) 654-7777 3. Giuseppe Vultaggio 8241 Hampton Wood Drive Boca Raton, Florida 33433 Phone: (561) 218-0574 4. Pietra LoPiccolo 410 N.W. 4 Avenue Boca Raton, Florida 33431 Phone: (561) 347-7636 5. Salvador H. Sentmanat 633 N.W. 1st Avenue Boynton Beach, Florida 33426 Phone: (561) 734-0760 6. Norma T. Sentmanat 633 N.W. 1st Avenue Boynton Beach, Florida 33426 Phone: (561) 734-0760 O:\Krik002\Exhibit A.Names-Addresses,wpd EXHIBIT "B" LEGAL DESCRIPTION The Easterly 1 0 feet of Lot 1 0, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida; and Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit B.Both Legals.wpd CERTIFICATE OF TITLE I, MICHAEL S. WEINER, ESQUIRE, do hereby certify that to the best of my knowledge, the current fee simple title holders of record for the subject property attached hereto as Exhibit "A", within the Quit Claim Deed attached hereto as Exhibit "B" and made a part hereof are ANTHONY MANNINO, as to fifty percent (50%) interest, and AUGUST VULTAGGIO, as to 16.67% interest, GIUSEPPE VULTAGGIO, as to 16.67% interest and PIETRA LoPICCOLO, as to 16.66% interest, whose post office address is 1501 N.W. 2nd Avenue, Boca Raton, Florida 33432, called Grantee. Dated: November $,2001 O:\Krik002\Certificate of Title.2nd.wpd EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 40 feet of Lot 10 and all of Lot 32, Block 2, LAKE BOYNTON ESTATES, PLAT 1, and Lot 9 and Lots 19 through 21, inclusive, (less North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES PLAT 1, all according to the Plat thereof as recorded in Plat Book 13, Page 32, of the Public Records of Palm Beach County, Florida. O:\Krik002\Exhibit A.Man.wpd ....., . ... PUPUID 11' UID Jti:o.mRH 'r01 ;r.ffirq A. z..rina, .sq. 4000 .. l'acIen1 Highway, Suite 2~1 Boa. Jta~, norida 3343'1 . Tax 1'01:1."0 Bo. QtT.J:T CLAm DEED TJaS QUIT ~ DB1m, 'made this,.l.!::I..r:Jl day of August, 2'001, between DlTHONY m' TRUs'l'BB, whose wst office address is -g",.f S t?~"I'tf;v . ~ J ;;'.7;.11 i/, ~ ilL fAJA (lrl"/ J lll$^ hereinafter called Grantor, and U'mOlb; ~~ .. to SOlls perc~t ,interest; and AtI'GtJ'ST VDLTAGGIO, .. to 16..67% interest, QIUSBl'PB VDLTAGGIO, as to 1~. 67lls interest ~ PIB'rRA LoPXCCO:LO, ..' to 16."% iDtere.t, whose post office address is 1501 N.W. 2nd Aveuuej Boca Raton, J'loxida 33432, called Grantee. , WI'l'NESSE'rH 'That the Grantor, for and in consideration of the 'sum of Ten ($10.00) Doll~s to .them in hand paid by the Gran~ee, the receipt whereof is herebf acknowledged, have granted, bargained and sold to the 'Grantee, his sUccessor~ and assigns forever, the following 'described property, lying and being in Palm Beach l County, Florida, to witt. . '. ............ Lot.:"39 and 31, Block 2, LA1CB BOY.N'l'ON BSTATIlS, and the West 40 f.et , of' Lot 10 pd all of Lot 32, Block 2, LAD Bonr.rOB BSD.DS, PLAT 1, " , and Lot ~ and Lot. 19 through 21, inclusive, (1.... Bortb 10 fe.t for State. Road .804 tight-of-Way and I-95 tight-of-Way), Bloak 2, LAD B~ 1IftADS PLAT 1, all according' to' the P1.t ther.of .. recorded, in Plat Book 13, Page 32, of th.Publ:l.c Records of. Pa1m Beach ~OUD~, Florida. , " " \ . 'WoTB TO CLDlts This is a transfer of a partial inter.st in th. real .stat. of th. ~.t from the trustee to the ben.ficiari.s of 'th.. tru.t. .Therefore, only ~':"""ftal doaUmceary stamps are due as a result of the transfer. ' To have and to hold the same tc:>gether with all and singular. the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said G~tor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee forever. . -... IN WITNESS WHEREOF, the said Grantor has signed imd sealed' these pres~ts th~ day ~ year first above written. nd Witness gIla ;rJ9/.lQ""~..bjA..412l~:yo 2nd ':Witnes"s Print Niltne S'l'ATB 01' FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this/i'~ day of August, 2001, by ANTHONY MANNINO, TRUSTEE, who is: ( ) Ca)" Pl!!rSOnall~ to me, or produced ~~,( . ........... 1'1 \U50\V\11Aggio\QCD.. .S' _ CERTIFICATE OF TITLE I, MICHAEL S. WEINER, ESQUIRE, do hereby certify that to the best of my knowledge, the current fee simple title holders of record for the subject property attached hereto as Exhibit "A", within the Warranty Deed attached hereto as Exhibit "B" and made a part hereof are SALVADOR H . SENTMANAT and NORMA T. SENTMANAT, his wife. Dated: November ---4:l, 2001 O:\Krik002\Certificate of Title.wpd EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. O:\Krik002\Exhibit A.Sent.wpd PrInted for II A.ltom.,.- talt Ifttaruce .f FuIl4, lac.. 0rIa1Klo. FIodda lWtum Iu: J>>JES J. HORAN, ISO. N~. ._ _UBJ>.~..jllU.r.rUII:.J MQJAN Add,",.. . . ,~ST .Off.1Ca..JlM.lW\ .10 . .,. _........ IlQtb~~ ...uACfl,....lJt. .33425 This Inslrumenl .....11$ pNp.1n.od 1>)': N.un~ JAMES J. KORAN Add~~ REED, GRlFFtm " HORAN POST OFFICE DRAtiER 10 BOYNTON BEACH, PL 33425 JAN-04-1988 03:491''' 88-001086 ORB 5534 p, 1373 Con 97,500. OD Doc 536.25 JOHN a iJUNKLE, CLERK - P8 ~C\Ji~TY I FL . .. --- - .--.- . .... -..... . J$opa.....bu\...llIi~ lint lur M:1,'Nil1lloUwl . . . ... - . ... WARRANTY DEED (STAntrORY FORM - SE~ON 689.02, f.5;) This Ind~nture, nwdelhk J(1~ wym 'Dece~er, 1987. Between ROBERT L. YOST, a married man, conveying separate, non-homestead real property, whose residence address is 2554 Avenue Au Soleil, Gulf.tream, J~Poe.fty ur348~hm Beach . . St.ttuf Florida . gr.mtor'..and SALVADOR H. SENTHANAT and NORMA T. SENTMANAT, his wife, whtlM'P<"tO(fl\."'oIddn..,.~ls 633 N.W. 1st Avenue, Boynton Beach, u{ the! Cttllnt)" I'C Palm Beach .. J:;rd"lN.. .SC"I\!t1f Florida 33435 Witnesseth lh~l s.>iJ I;l':Inl<l,.. fur .n.J in c..n<oidt'''.lliun tiC Ih... ~um "f ------------ TEN and NO/10'0 ($10.00) --------------------DuI.us. .nd t>1h<< ~....d .nd \'.Iu.!;>k' ,___ldt"'.lkm~ kt....kt jolr.nttlf in hom.J ...'i.J l>y ".1.1 )tr..ntt'C. lh,' ""','irl ,,'h('mo( is h<l\'by .t('ktl"wled~..-.f. h~ llrantO!d. "o1~lntod ..an.J 'lllltJ I" the, :<.Ikt fo:l".nt'..... .11,.1 ~r.lnlt....' h<'lf~ om" .......i!;n... (,>1'<'\',.,.. 1M ful......i"ll dt"'oCribN !.lad. "lIml.... I~-lng .Inti ~Inllln Palm Beach <-"tmllly. l-1corld., 1t1-Wl1: The ea~t.erly 10 feet of Lot 10, all of Lot 11, 'the 'iesterly 15 feet of Lot 12, and that portion of Lot II and the westerly lS feet of Lot 1 lying southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records af Pa~ Beach County, Florida, together with improvements located thereon. 'SUBJECT 'fa easements, reservations and restrictions of ~ecord and to taxes subsequent to the year 1987, .SUBJECT FURTHER to Mortgage dated May 1, 1987, in favor of MARK :1. BRISSON, in the original principal sum of $74,000.00, recorded in Official Record Book 5267, Page 329, Public Records of Palm Beach County, Florida, which Grantees herein hereby assume and agree to pay. MId Hid ganlor does h...l'l'b)' full)' WolIT.mt tl1f tit'" kI ...Id I<1l1d. and ",'1II dclcnd Ihc1oJml.' ol~ml tht' I<1mul cl.tlm:o Ilf .11 JIft'IIOfIlI whocnsutlVft. . "'Gr.nl"'" .nd "g.anlef" _ IIM'd for ~uIa, or plural. as C\1I\tf'X1 NquiMI. reaf, ll,,,nlor hall h<<I:unto srt~I"r's> d.nd lINI the d,,}' and)'ll<1' Rntl .I1ltIft'wrillen. In our plWftlCf: .' ~. _' __ .._._.__ . ..~.~. ._... ....._.__lSN\1 _..'" .,__.___..._. .._.._._&all ..... ...____. ....- .__ .___ !Seal! ... ".._. .., .. .u. _ ..__..._..___ IStaII j~. ; STATE OF PLORIDA COUNTYOF PAal BEACH . I HEREBY CERTIFY thaI on lhis day bdore _ an offlter duly qu"U/led to wkt! t<knowledAll\1:nll, persotIlIUy appHmI ROBER! L. YOS'1', a married IlAn, conveying' 'separate, non"'J?,omeltead real l~~~d "II penon(sl dacrlbed 1ft I1Id who execuled lht toreRolnA IostlUlMtll ~ ~ed btfore mf lItal ~-:.;::,......."::..... 1ft ...""""...~_ ~ ;,,<>~!~~.~. o~ ..981 My commission expIra: If., NIit, Statefl..... ~. __ ---:_ Mr c..ialall Er,iu Mar 26. 19ft . . ubllr VIRlFlED --....""....,.......... '. --~ 8EAClHCOUNlY.F&A - . JOHN&DUNlU f-1IollCWf . OI.EAK 0IfICtm' ClOUIl1' .' 'j \ \ AGENT CONSENT FORM STATE OF f]Oii~tJ. cOUNTYO~Pd(~~ / ~. O(lt,~~,ItS Olll('t., BEFORE ME this day personally appeared j';-11t5 ~'l ~ 110 , Preais9r;U of KRISPY KREME OF SOUTH FLORIDA, LLc, who being duly sworn, deposes and says that: 1 . He has the authority to provide this Consent on behalf of KRISPY KREME OF SOUTH FLORIDA, LLc 2. KRISPY KREME OF SOUTH FLORIDA, LLc is the Contract Vendee of the real property ("Property") described in the attached Exhibit "A". 3. KRISPY KREME OF SOUTH FLORIDA, LLc duly authorizes and designates Gee & Jenson c/o Scott Barber to act on the behalf of KRISPY KREME OF SOUTH FLORIDA, LLc for the purposes of the Land Use Amendment and Re-Zoning, Conditional Use, and Site Plan applications involving the real property legally described in Exhibit "A". 4. He has examined the foregoing applications and he understands how the proposed change may affect the real property legally described in Exhibit "A". FURTHER AFFIANT SAYETH NOT. ~ ::>-- e: J4"'e<, (c5.l,.,h I'k I j) (, JtrC ill U<--' e: Prcai~f of KRISPY KREME OF SOUTH FLORIDA, LLc t(;). d-.) 6 e/leS€12 Sf. Street Add ress ~~ If;JtJ . J/ l.{ (l.{'J;). ') City, State, Zip Codt$ 7/h- (;3V-J(J , Telephone ~. The foregoing instrument was sworn to and subscribed ef re me this K day of 2001 by .') A-!'t'\~ cr1j,rgJTrQ.)() """~"""" MICHAEl S. WEINER .~~~"> MY COMMISSION # CC 954585 r~ ~ EXPIRES: July 12,2004 ~~''''''F,,'; Bonded Thru NoIary PU* UndelWrtlers ,Rr.I~ Print, Type, or Stamp Commissioned Name of Notary Public My Commission Expires: Personally Known _ OR Produced I<;lentification ""- Type of Identification Produced \JILt'ietP \. ~ L\ t. aJsS O:\Krik002\Agent Consent Form.Krispy.wpd EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida; and Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit A,Sent-Man.wpd AGENT CONSENT FORM STATE OF ~'~ COUNTY OF /..~ <9~~c. tV BEFORE ME THIS DAY PERSONALLY APPEARED NORMA T. SENTMANAT WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A ". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. Owner's Signature_ -= _ at- B!f/iifJM~ ~9T Owner's Name (Printed) NAg' (printed) \t4-/'"~~~) l ;;~'(/?)d..v . ft~Awc~e V ~ B./ ---I; o er's Address STATE OF q~/~ COUNTY 01= W. 'HI ~c:;lt' The foregoing instrument was sworn to and subscribed before me thiS/~ day of ~//--'..... ~, A \ 2001 by Norma T. Sentmanat. ~......., signatu~ryPUblio-State~~~ , ~~~= Print, Type, or Stamp Commissioned Name of Notary Public ~/19- 33 ~c2~ City, State, Zip Code 56/) .'73lf-c; 76c:J Telephone My Commission Expires: tp. /0 . c!?t7--0L..J Personally Known'I.L.- OR Produced Identification Type of Identification ~~.. C !~ :..~ craie Sussman .*: :*1: MY COMMISSION' CC954404 EXPIRES ....:. .' ,,:~...g September 10, 2004 . ~('lNI'(n THl/lJ TROY fAIN 1NSURANCf, INC. EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. O:\Krik002\Exhibit A.Sent.wpd AGENT CONSENT FORM STATE OF .f)j1~oi;;_ COUNTY OF . ~t4C{./ BEFORE ME THIS DAY PERSONALLY APPEARED SALVADOR H. SENTMANAT WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit "A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. er (Printed) ~/7,.(/6Y J:JJ~,t}r1.l Owner's Signanur ~ ~ ~-1'" ..u. By: 5:,/V4JuA..;st- SC/II r/'/i'1tVA r Owner's Name (printed) ~3'? 1/. W. /{!: /92/,5.- !3aVYl7<1W ffe.-9c#; /7 f Owner's Address 'iik~Jt..-r(/,J e e..-, ~,I ;7 ~.1Y,J.6 City, tate, ZIp Code S""G/ 73j/CJ7~o Telephone STATEOF ~~/ii. COUNTY OF tAl 1tJ<-1f The foregoing instrument was sworn to and subscribed before me this/,:/'1("day ~~ 2001 by Salvador H. Sentmanat. ~ Signature of Notary Public-State ' Print, Type, or Stamp Commissioned Name of Notary /J ~~ Public ~ My Commission Expires: .,. /67 . c:? ~ Pe~ally K~own~ OR Produced Identification Type of Identification Produced ~i:&'>'!!'~ Carole Sussman ~*: ~.;. MY COMMISSION' CC9s.<<04 EXPIRES ~. . . li September 10, 2004 "~.9f.~~' BONDED lHRU TROY FAIN INSURANCf, lNC. EXHIBIT "A" LEGAL DESCRIPTION The Easterly 10 feet of Lot 10, all of Lot 11, the Westerly 15 feet of Lot 12, and that portion of Lot 8 and the Westerly 15 feet of Lot 7 lying Southerly of State Road 804 right-of-way, Block 2, LAKE BOYNTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, Florida. O:\Krik002\Exhibit A.Sent.wpd AGENT CONSENT FORM STATE OF S~~ COUNTY OF aL-v'\ ~ BEFORE ME THIS DAY PERSONALLY APPEARED GIUSEPPE VULTAGGIO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. ~ 2.-~ t ~lM'\ffM W6DJ Dr I tie- Owner's Address f?oePc ~I F-L 3~~?~ City, State, Zip Code _Sb/ 2- r CCtJ!) 71 Telephone STATE OF ~ /0 lJ.. I{)~ . COUNTY OF /".4 Lrn T" zI/ c.1f The foregoing instrument was sworn to and subscribed before me this/5~ay of ~ 2001 by Giuseppe Vultaggio. Signature of Notary Public-State ~~ Print, Type, or Stamp Commissioned Name of Notary J J Public My Commission Ex~s: tj./.1, c:::?,tL-O, Pe~ally !S!!gwn OR Produced Identification Type of Identification Produced /~~I" r~.. Carole Sussman :*: :-..: MY COMMISSION' CC9504404 EXPIRES ~. ~~"l September 10,2004 "''l..iif..'fr,'<!>' BONDED lHRU TROY FAIN INSURAHCf,INC. EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit A.Man,wpd AGENT CONSENT FORM STATE O~"'J~ cOUNTY'OFQ~~ BEFORE ME THIS DAY PERSONALLY APPEARED ANTHONY MANNINO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A" . 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. edger (Printed) fi/~'<> c)' J;.5 J /nil4/' ~~ By:~ Nr/"~ o/v ~ .fr7/4 /V/Y' / /v <::> Owner's Name (printed) .30/S-- SO, C:Z;C/4# ~LI/t::J /JP-r?f 11 Owner's Address STATEOF~ COUNTYOF(~~ rl~ The foregoing instrument was sworn to and subscribed before me this ~ day of ~~ 2001 by Anthony Mannino. s~n~~~ Print, Type, or Stamp Commissioned Name of Notary Public My Commission EXP7' t:1 . /0 ' vt4:J"'! Personally Known OR Produced Identification Type of Ider1tification Produced 1// 6^!(~/4 /V"~,6J C/<}-CI{ pq, City, State, Zip Code:23 ~8"7 56/ d.65--~903 Telephone ,"''''f', /~"'it.y ~~ Carole Sussman :*i :*i MY COMMISSION # CC954404 EXPIRES . 1/ September 10, 2004 11\,-" BONDED lHRU TROY FAIN lNSURAHCf,1HC. EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit A.Man.wpd AGENT CONSENT FORM STATE OF 'F I oridP.- COUNTY OF PO.JM ~ BEFORE ME THIS DAY PERSONALLY APPEARED PIETRA LoPICCOLO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A ". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. ~ture t e L By. /:-6 fjl;/ff71: fJ Owner's Name (printed) 1/10 J/u/ It IJ-V N . . owledger (Printed) \b/Rc7 ~Jfm"'/V Owner's Address ~~~ 120~ FI-J:?tpr City, State, Zip Code sTATEOF~..t'~~ COUNTY OF h L7C.ij ~ ~ The foregoing instrument was sworn to and subscribed before me this L::L-. day of ~ 2001 by Pietra LoPiccolo. Signature of Notary Public-8tate ~ J])/ <-~4' r '76'26 Telephone Print, Type, or Stamp Commissioned Name of Notary C/ ~ oJ ~V Public My Commis~ion Exph,s: .,A., Pers2!!ally ~_ OR Produced Identification Type of Identification Produced .t,~'H:k... Carole Sussman f!'PA~ MY COMMISSION # CC954404 EXPIRES ~.~.~s September 10. 2004 "':f,'j'''o;.."It.'f BONDED lHRUTROY FAIN INSURANC~ INC. ',Ht.,l"" EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit A.Man.wpd AGENT CONSENT FORM STATE OF f{()(~ COUNTY OF flatm ~ BEFORE ME THIS DAY PERSONALLY APPEARED AUGUST VULTAGGIO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. I am the owner of the real property ("Property") described in the attached Exhibit" A". 2. The Property is under Contract for sale to Dynamic Doughnuts Florida Realty, Inc. via a Purchase and Sale Agreement dated July 16, 2001. 3. I authorize and designate Scott Barber (Gee & Jenson) to act in my behalf for the purposes of the Property concerning any or all of the following applications: Re-zoning and Land Use, Conditional Use or Site Plan applications. 4. I have examined the foregoing applications and I understand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. edger (printed) \./~,./~~)' (4.ffhJ4'o/ - '11 '8'2. 'fOx 6csc~ Owner's Address toco.- RoJm \ tt- 33q 1 (,0 City, State, Zip Code STATEOF ~k/~ COUNTY oF' A /h, 1111(;.1-/ The foregoing instrument was sworn to and subscribed before me this ~ay of ~ -'" I ~ ,~_. 2001 by August Vultaggio. ~~ Signature of Notary Public-State <ot- _ ~~ 5le\ - (,5'/ -1111 Telephone Print, Type, or Stamp Commissioned Name of Notary /> -A!:)' / Public ~ ~ My Commission Expi~: 7' ./11 \..J-.tZ y Personally Known~ OR Produced Identification 'd~ ~ Type of Idennflcation Produced - ",ltI'/.:!!..". ~'<tl\v.:";;;,, Carole Sussman [*; ,.i!i.~ l~ MY COMMISSION # CC9s.<<04 EXPIRES ~~~cly September 10, 2004 "1.;1if."~,.,,, BONDED lHRU TROY FAIN 1NSURANCf,1NC. EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block 2, LAKE BOYNTON ESTATES, and the West 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 North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block 2, LAKE BOYNTON ESTATES 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. O:\Krik002\Exhibit A, Man, wpd ASS:IGlIKElI'r AIm ASSUXP!l'ZOJr AC:UBIIBBT DIS' ASSIGltHDT .um ,YSUHftIOJI AGRBBIIDT ( "Agreement") anter~d into this 2J.&t day of .November, 2001, by ana:between DyDaia J)o'ilqhnuts Florida 1t~al'tY', Inc., a Florida corporation, C"A$siqnor"}, and ~1apy !Cr... ot! .8ouoth P10rida LLC, a Florida' limited liabil.ity company ("Assignee'l) . RBC:tTALS: .~ " " A. Ass1qnor and August and Joseph Vul taggio entcared, into.. a Purchase' and Sale Agreement dated July 16, ,2001 (the .'Purchase Agree-:, ment"), the terms of which Purcbaseand Sale Agreement were conf~d. and' 8:c~ow1edqed by Antb,ony Hannino, Trustee.,". and Pietra Lopicc::olo by a Confirmation of Contract dated August 10,' 2001. . B~ Assignor cl~sires to assign to Assi:gnee, and Assi9nee"c:~$ires to assume the riqhts'j duties and liabilities or Assignor under the Purchase Agreement. . AGR.BEKEH'l': .',.t ... BOW, THEREFORE, in consideration or the toreqoinq premisesy ths mutual promises and covenants herein contail)ed, and - bth~r" go od and valu~ble consideration, receipt of which ,are hereby acknowled.g~d, Assiqno.:J:: and Assignee do hereby aqree as fo.~lows: 1. Ass1qnaent. Assignor assigns all its ri9h~s and interests in and to the Purchase Agreement to Assignee,. erfective as of':'~, date of 1:.his Agreement:. 2 · .assumption. Assiqnee hereby assumes all ob1iqa't:ions, agreements, commitments, liabilities and d~ties under the ~~chase Agreement, including all payments reqUired thereby and agrees to be bound' by and comply with all terms and conditions of the Pu:~chC!.:!c Agreement with the same force and effect .as if it was . orig:lnally executed by Assignee. In Wi tness Whereof, the Assignor' and the Assignee have executed this Agreement as of the day and 'year' first written above. UBI_Oat DyAai ' Dougbuts If'J.ori4a Realty, a Plo i a cOrP,oration ~~- IDe. , By: U mes A. Cosentino resident A88IGIIU: ltriapy Kr_e of 80U~ I'lori4a LLC, aFlori~a limited liability oompany By: ~_ .c ~- . es A. Cosentino perations Director ,. 'F '...'1 0"1 f ASSIGJfHEft AND ASStDIPTZOH AGRB~ !l:'Hi:s ABS1:GJ.Omft UD A8SUKPl'IOlf AGIUJBJJD1I ("Aqreement") entered into this' 21st day of November, 2001, by and .between l)yDaaic DOQqlmuts Florida.R..l1:y, Inc., a Florida corporation ("Assignor"), and Krispy ltreme of' Sou~h Florida LLC, a Florida liliti ted liability company ("AsSignee"). RECITALS: .. A. Assignor and Salvador H.Sentmanat and Norma T.. Seritlllanat entered into a Purchase and Sale Agreement dated July 16, 20l)1 (the "Purchase Agreement..)~ B. Assignor desires to assign to Ass~qnee, and Assignee desires to assume the :rights, duties and liabili tfes of Assiqnor unc:er the Purchase Aql:"eement. AGREEHBlfT: NOW', 'l'JIBllBFORE, in consideration of the foregoing premisEls, the mutual promises and covenants herein contained, and other"good and va.luable consideration, receipt of vhieh. are hereby aeknoYledqed, Assignor and Assignee do hereby agree as follows: 1. A..ianaent. Assignor assigns all. its rights and interests in and to the .Purchase Agreement to Assignee, effective as of tb.e da.te of this Agreement. . . 2.. Assu:mption. Assignee hereby assUlIles all obligat.ions, agreements, commitments, liabilities and duties under the Purchase Agreement, inclUding all paymen~s required ~ereby and agrees to be bound by and comply with all terms and conditions of the PU:t'chase. Agreement with the same force and effect as if it was originally execute~ by Assignee. In wi tness Whereof, the Assignor and. the Assignee have executed this Agreement: as of the day and year first written above. AS8XGJlOR: Dynaaio Doughnuts ~1orida aellolty, Inc..., a FIo' cox-poration By: ASSIGJlBE; Kr.:l.1JPr Itr-.e of South P~ori4a r.x.c, a Fl a limited liability company By: ~ -~ ~(t _~ . / \.- -~-> , ) /') " .j' PRE-APPLICATION CONTACT QUESTIONS DATE: YOUR NAME: Applicant Name ~ t:~ S~ S.5m J\rV Phone # S 6/-- 33B-b sq '6 [~II FI'J~r ,c-~t:' 0 ~P(T/!"/~fl./I)T WTH JJ~I vc -//J~L( D 1. HAVE YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT? DYES, (IF YES HAVE THOSE STAFF MEMBERS SCHEDULED FOR THE PRE-APP MEETING.) NAME: ~NO [!(' 4. cVs. flay tJ jot\) Bel, G'vi LOCATION OF PROPERTY (CROSS STREETS/INTERSECTIONS): 4\ r q S, 5 L~J WHAT WOULD YOU LIKE TO DO? (OC:rJtr-J (UM_tNT ~NEW PROJECT f P.... f t fl. 'f"( ) . D BUILDING EXPANSION OR MODIFICATION L 0 I .3 0 q 2> I e l- 1.. D CHANGE IN PRIOR USE? D IS THE STRUCTURE CURRENTL Y VACANT? L (.1,. 3 ~ e'--.J.. D VARIANCE TYPE: L~TJ 1 I D POOL OR SCREEN ENCLOSURE - D COMMERCIAL PROPERTY? LOTs J 1.... .:< I D RESIDENTIAL PROPERTY? D INDUSTRIAL PROPERTY? D DO YOU KNOW THE ZONING CODE DESIGNATION? M-l C - ~ TIME AND DATE PREFERRED: fJ..s It P _.!g~ 1-) f ~ .. ~>" '1 fuc" }j, ~" r'-"-( '>) - /~, HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING? Lf .j - 121. 2. D 3. NOTE: TELL THE PERSON THAT SOMEONE FROM THE DEPARTMENT WILL CALL THEM BACK TO CONFIRM MEETING. ** PRE-APPLICATION MEETINGS SHOULD BE SCHEDULED FOR A MINIMUM OF ONE (1) HOUR TIME MODULE. ** PRE-APPLICATION MEETINGS SHOULD BE SCHEDULED NO LESS THAN TWO (2) DAYS PRIOR TO DATE/TIME OF MEETING. IF AN URGENCY IS SENSED, DISCUSS WITH MIKE OR LUSIA. ** NO PRE-APPLICATION MEETINGS SHOULD BE SCHEDULED FOR THE FRIDAY BEFORE A SCHEDULED TRC AND P & D BOARD MEETING, AND OR WEDNESDAYS AFTER 3:00. ** LUSIA IS NOT AVAILABLE FOR MEETINGS ON TUESDAY MORNINGS, AND MIKE IS UNAVAILABLE WEDNESDAYS BETWEEN 11 :30 A.M. AND 2:30 P.M. VSHRDAT A IPLANNlNG\sIlARED\WPlSPECPROJIPRE-APPUCA TONS LOG-IN FOLDER\CONT ACT QUESTIONS.OOC I } ) I ;':. ',' ,j, ~ I ~J " ^ /\..,' . ( i5 /J i A:,CLo' ~~ '0 N BOYTON BEACH BOULEVARD ---- - - --- - ---- --- 5'........ _ BUFFER::--- _ - --- - -- - -- - 24' - .. t ... ... '0 I ;.... N Co X .. .. m 19.8' 12' FAST FOOD RESTAURANT 4,000 S.F. DRIVE - THRU 70 FOOT STACKING IL _ _ _ _ _ _ _ _ _ __ L _ _ _ _ _ _ _ _ _ _ _ ~~E~ _ _ _ _ __ ---- - .. t -~ 'I ~Ii ~II ~ H 24'-0" 40.8' SETBACK I I I " Ii - u I ~~ : ~~ ---=- ~.=!J N.W. 1ST AVENUE w ;'\ > '" <L << Z 0 :;' ir ~ 0 ~ I I I I I '" i 8 " ~ ;'\ '" 0 <( Q W 9 z ~ j W u. r a... a:: ~ ~ ~ w CJ) >- m Ii: a.. z w CI) g ~ a: f6 0 ~ 0 n GEE& JENSON Engineel'l' Architects. Plannel'l, Inc. JOB No. CAD FILE 8 SHEET NUMBER 1 SHEET OF PRE-APPLICATION MEETING/TRACKING LOG MEETING DATE: 06/08/01 TIME: 10:00 am APPLICATIONS: Site Plan COUS ZONING DISTRICT: C-2 PROJECT NAME: Krispy Kreme I ATTENDING STAFF: Lusia Galav, Nancy Byrne, Mike Rumpf, Ken Hall ATTENDING AS APPLICANT: Scott Barber, Nat Siegel, Gene Vitagliano, Jeff Sussman PHONE: FAX: NAME OF APPLICANT/CONTACT: ADDRESS: PHONE: FAX: PROJECT ADDRESS: East of Waffle House Boynton Beach Blvd. PROPOSED TYPE OF USE/OCCUPANCY: Fast Food/Drive Through DATE SUBMITTAL RECEIVED: DATE DENIED: COMMENTS: 4,000 sq.ft building {parking 112.5 seats =16 1/100=40 have 28 spaces. } Entrances{ FDOT approval and permits required} ** problem-Dr. Roberts- adjacent property owner to the west. 280 feet west of 1-95. Traffic signal-Palm Beach County Traffic Engineering Amy Harris. Buffer wall required-south property line and east. 7 ft. landscape buffer in front. Stripe the loading zone 12x35 Traffic study Signs- pole sign 25 feet hei2ht limitation in C-2 ???? Former pro,ject (or approval) on site: AU2Y'S???? J :\SHRDA T A \Planning\SHARED\ WP\PROJECTS\krispy kreme\krispy kreme Pre-Application Tracking Log.doc f i iJ 'j) 1~'1-~) . AI C'/mz PRE-APPLICATION MEETING LOG Meeting Date: 0 / ~ 6 I PURPOSE OF APPLICATION: Time: / 0,. C .:; !l-Iv1 ( J.? j~/' "'Vvc j U. tv - d6lifIS~ ZONE: L!- - PROJE<jT NAME: h {k"o .1.- - kle';Y1e AttendingS af: k<2n!1 (YIJJ:.i k', 'I/~'A <.I" Attending for Applicant: Phone: ""-...- /..' Fax: Name of Owner: Address: Phone: Name of Applicant/Contact: Fax: Address: Phone: Fax: ~OJECT ADD~S~: ~cj.<)t I:} iL1f<< )l.4J*'\I I'i..e.?d'/ 1::f.fl'(.1, f/(.'(,[4..1:... Phone: TYPE OF APPLICATION: TYPE OF BUSINESS: Date Submittal Received: Date Denied: COMMENTS: . (;l C.' !:.) .~rx..d(; '11 1'1. . "....- / L -' G':; - {t;. ! "or - {2u.L /() " '/.I ), )-.~o.h:J - / / ta) - \.... 7ur) , f' /. - 'f-k- 2) ),n;u f ttJ-.I;~' .. ,/fi-f.,(.r.,p't; {, J 121 v'( '7JY~ \forms\Pre-Application Meeting Log.doc C;;i1 nil, _ :1 -' .' : i.)-<-<&i:: c.! -:7L ,ff" /c.,CL.-o ZC,J - j)fj0:' ::,-uyrt,.; - ,- :7 I -;.. I.J. ILif r IU.:.. jL,!/T,lu;n:J'.Z('f...., II'I (!...J-. .r,~FIL",- r;:"J<!'Lt(c., 'fl)'':'~ .-.) ...v\. ,>,-I'c { ,? ~ ,-"c' Y , J; ... ~(~/~ - K€I>-<<- PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT MEETING DATE: 0!r{/C I TIME: /0 CO ;U4 ATTENDING FOR APPLICANT: ^-"_.~ .. \J/ NOTICE: The purpose of this conference shall be for the staffand applicant to discuss overall community goals, objectives, policies, and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forth coming based on actual plans submitted for review. "~' City of Boynton Beach Attendin Staff UtA v Attending for Applicant MIL t)Je. II 5/&'C~ o c-3m i I ~/l+~rz- (-1 ..J:.r /rJ 4 ;J ~ 60- ~ ~G-NSeyJ /)'l .1' ..~ _/: : v / /l..,. /" '-."'7 -'7 . -. LETTER OF TRANSMITTAL ( '-----J' "'----~ To: Dick Hudson & Eric Johnson City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 FROM: Scott Barber, RLA SUBJECT: Krispy Kreme JOB No: 21-164.01 DATE: 11/20/01 WE ARE SENDING You: ~ Herewith via Del. Service o Hand delivered o Under separate cover via THE FOLLOWING ITEMS: o Plans o Specifications o Prints o Estimates o Shop Drawings o Other o Sample o Copy of Letter COPIES DATE/No. DESCRIPTION 2 11/20/01 Stamped and addressed Notification envelopes 2 1 '1/20/01 Notification area maps 2 11/20/01 Copies of labels o For Approval o For Your Information o For Your Files o For Review/Comments o Approved As Is o Approved wI Corrections o Returned wI Corrections o Resubmit _ Copies for Approval o Return Corrected o Return of Loan o Submit _ Copies For Distribution o REMARKS: To be sent out. SIGNED: THIS TRANSMITTAL IS PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED SOLELY FOR THE ADDRESSEE. ANY UNAUTHORIZED DISCLOSURE, REPRODUCTION, DISTRIBUTION, OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS PROHIBITED. IF YOU RECEIVE THIS TRANSMITTAL IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. One Harvard Circle. West Palm Beach, FL 33409. Phone: (561) 515-6500 . Fax: (561) 515-6502 . Executive Fax: (561) 515-6503 Engineering # EB 0002934 . Architecture # AA COO06S6 . Landscape Architecture # LC COOOOSO . Land Surveyin9 # LB 0002934