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APPLICATION WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: delraylaw@belisouth.net MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer November 21, 2001 Via Hand Deliverv Mr. Dick Hudson Senior Planner Boynton Beach City Hall 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Re: Krispy Kreme Applications Our File No.: KRIK002 Dear Dick: Enclosed are two (2) each the following: A. Land Use and/or Rezoning Application which includes the acreage of the subject parcel, a copy of a Surveyor's Certificate and color depiction regarding the legal description, applicant agent affidavits, applicant agent consent forms, certificates of title including copies of the deeds, Applicant Assignment and Assumption Agreements, owner agent consent forms, and Purchase and Sale Agreements and Addendums. B. Conditional Use Application which includes applicant agent consent forms, certificates of title including copies of the deeds, Applicant Assignment and Assumption Agreements, owner agent consent forms, and Purchase and Sale Agreements and Addendums. C. Site Plan Review Application which includes applicant agent consent forms, certificates of title including copies of the deeds, Applicant Assignment and Assumption Agreements, owner agent consent forms, and Purchase and Sale Agreements and Addendums. These enclosures are submitted to you in supplement to and in addition to the applications for Land Use and/or Rezoning, Conditional Use and the application for Site Plan Approval previously submitted to you with respect to the project we refer to as "Krispy Kreme" located on Boynton Beach Boulevard, Boynton Beach, Florida. Mr. Dick Hudson November 21, 2001 Page 2 The purpose of this supplement and addition is to address the comments made by the City of Boynton Beach in a written memorandum to the applicant after the prior meeting at which this matter was tabled. Let me confirm with you the following: 1. There was previously delivered to you by Mr. Scott Barber of Gee & Jenson, the agent, new property owner notification labels with additional property as shown on the map, including postage and envelopes. 2. Original property owners' consent forms from all owners are enclosed. 3. The amended applications now show the actual applicant as Krispy Kreme of South Florida, LLC. Please note that an appropriate assignment of contracts are enclosed. 4. We are confirming with you that approximately One Thousand Two Hundred Dollars ($1,200.00) for advertising and other costs can be submitted to you at a later date and that you will let us know the exact dollar amount. confirming with you that this supplemental and additional information is sufficient for es of scheduling the appropriate public hearings. We appreciate your assistance. tr y yoC~, l. : \ ,~, h6el S. Weine M W:vf Enclosures cc: Mr. James Cosentino (w/o enclosures) Mr. Nat Siegel (w/o enclosures) Received by: City of Boynton Beach Planning and Zoning Department By: Its: G:\Krik002\Letter Hutson.Nov21.wpd ":;1 :\\2JI 16:36 AVIROM & ASSOCIATES INC. TF' 161 394 7125 P. 001 SURVEYOR'S AFFIDAVIT STATE OFFLORlDA ) )SS COUN:~Y OF PALM BEACH ) BEFORE ME, the undersigned authority. peJ'lionally appellred MICHAEL D. A VlROM, a duly regist~r xl surveyor and mapper under the laws of the State of Florida, Florida. Registra/.ion No. 3268, (the "Afti,m!"), who upon being duly sworn upon oath. deposes and says: I. Exhibit "A" attached herelO is the legal description prepared by !be City of Boynton Beach Planning and Zoning Division for the property to be designated under the Land Use Amendment and Rezoning AppHcl,tion. 2. Exhibit "a" auached hereto highlighted and cross hatched with green lines gmphically depicts the legl.l description in attached Exhibit "A". FURTHER AFFlANT SA YErn NAUGHT: ~~,~~ Professional Land Surveyor Florida Registra/.ion No. 3268 A VIROM & ASSOCIATES. INC. Lli NO. 3300 SWORN TO AND SUBSCRIBED before me this 21 st day of November .2001 by MICHAEL D. A VnWM, who personally appeared before me and who is peJ'lionally known to me. G)' Ulae.1tlg1l8 '*' 'w! MY COMMISSION f cal10n EXPIRES . . : - AprU, 20D3 ~.iio/.;' DlDEDlHIUTroYFAlNllIiUIWICF,lNe NOlary~~ C. ~ Print Name: Lisa C. Rogers Notary Public, Stale of Florida My commission expires: , "" (\1.': \. -._ cl,IIED) 16:37 l! ' I- . . 1 __......1 .. "(~' I ,I. JClIl~n Mankoff .-- . .' FRO/A:;' Dlc'\(HudIOn -- AVIROM & ASSOCIATES INC. L TEl '561 394 7125 ".J P. 002 I,.,...U... UJ. J " Plohnir.lg & Zoning C ivision CITY OF BOYNTON BSACH City Hall, West Wing 100 S. Boynton Beach BlVd. P.O. 601<.310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fa", F,AlCSIMlLE fAX: ...w.u l72.6&al : NUMBER OF PAGES: (Including 1_ cover! Li JA"/:: _~~'.m", 13. 2001 ';E:' "" :Krlapy Kreme Legal D.~ltp"On , , , ~:-.'-"""7"~~'M. , 1~i-~,WWfJ~~ : F-' i:').(;2 apte pureel, desc"bed 88: ; All of L.ot810, 11.32, the west! 15.00 feet of Lot 12 and all that portion of I-otB 8,9,19 and thu w~ ",6.00 feet of Lot. 7 IyInh aouth of State Road 804 r1ght-of..way, all of Blool< 2, LAKE BOVNTI::lN ESTATeS Pl.AT ~ according to the Plat thereof 8S recorded In Platl~ook 13, Page 32 of1hll Public ReCOrd8 of PliI:m Beach COunty, Florida. ! , . " \ . "" "'\. , ' '. . . ' . '.. '~! . r: · ^ ., ~~",..,.. 1-\ \~,\" . 2l U1IWt.l) lb:37 g ~ ~ r, ". . , o .~~ , i ~.. ,; 6. -"J :J,~;~ ~ tY'~:::r:: I ~ ,..~ "", e , ,~ ./ l . . :.~~_.....:..JiS1-;;'I01"W , III ~~Ii I j'li' ~ , :~,: I ~ ~1, I --T \ \ i (~" L l ~:'~ .' \.~ , , ;)~,,;. 1';.% ". :. t.--' ~~ .,-' ;;; i , I. r--\ 5 -< ~ ~ 1l4.2li' .., b -< "! ~ ! -' I .. .el. h '''3 . : !~ .;1 I"" .~ : i~ ~ I il ~ "' I 13 I ! I I G --'-'l~ " ! i~~ . I ~I; C il . e , C I . . I e~1 i d ~~ II II I I . . i cC I c ~ e ec . II I I 1 AVIKUM & ASSUCIATES IN~ c I I I I I I I I I I I I I I ,. l.r. ~... 5 -< '" Q I I I I I I I I I I I I . . . ~ ~~ j::l~1II ~ 2l1::i . () !:!l ~ " ~~.. ! @ffi I " ',' N:).iAlNDEA Of LOT 12 m TEl . 5b 1 3Y4 7125 I' i= ~ I i I l...i I ~ c Ie I I . i..... ! n P. UU3 I I I I~ ... ';!U IJ . I . ~ I I I I J tIl C ~o ..-< ~z ".... I i~ ~Dl !:m ~> I~ !~ i'lC ~h I i~ ~~i ~ ~ ~ I mg M I- X' i I~ :~ \._-._...L--...~ e . I .... .,"", APPLICATION SUBMITTAL CHECKLIST COMPREHENSIVE PLAN AMENDMENTS PROJECT NAME: OWNER/AGENT: LOCATION: FILE NUMBER: SUBMITTAL REQUIRED DATE (:I) RECEIVED APPLICATION FORM :I FEE PAID :I OWNERS OF RECORD CONSENT FORM v V COPY OF PURCHASE CONTRACT V AGENT AUTHORIZATION ,; LEASE AGREEMENT CORP. OFFICER/PERSON RESPONSIBLE AUTHORIZATION SEALED BOUNDARY SURVEY :I v LEGAL DESCRIPTION :I TOTAL ACREAGE (TO I/IDO Ac.) :I ,/ TREE SURVEY PROPERTY OWNER MAILING LIST :I ,/ PROPERTY APPRAISER'S MAPS :I APPLICANT'S JUSTIFICATION STATEMENT :I IMP ACTS ANALYSES DWELLING UNITS USES ALLOWED/EXCLUDED :I TIMING/PHASING :I EMPLOYMENT PROJECTIONS TRAFFIC ANALYSIS COMPARlSON :I WATER DEMAND COMPARISON :I SEWER DEMAND COMPARISON :I RESIDENTIAL POPULATION LAND USE CONFLICT MITIGATION :I SOILS ASSOCIATION/FLOOD PLAIN MAP GRADE ELEVATIONS WATER BODIES MAINTENANCE PROPOSAL SERVICES PROVISION COMMITMENT ESLO SUBMITIAL OTHER: City Codes Accessed via Website wwwbovntv.. jeach;org. www.amlegaI.comlboyntoo_beach_fl HAS APPLICANT ATTENDED 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 ALL INFORMATION. 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 Krene of South Florida, LLC Address: 4225 Genesee Street ~uffalo, NY 14225 Phone: 716-634-2121 (Zip Code) FAX: 716-634-6059 5. Agent's Name (person, if any, representing applicant Gee & Jenson c/o Scott Barber Address: One Harvard ci rel., 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 parcels 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 (s) 08-43-45-29-01-002 - (0071) and (0090) and (0101) and (0300) 10. Legal Description of Subject Parcel: See Exhibit liB" 11. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: .62 acres 12. Current Land Use Category: Rec;r1~ntial 13: Proposed Land Use Category: Commercial 14. Current Zoning District: R-2 15. Proposed Zoning District: C-2 16 Intended use of subject parcel: Fast Food Doughnut.: Snnp wi t-n rl nri vp-t-hru " " City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 3 17. 18. 19. 20. 21. 22. 23. Developer or builder: Krispy Kre::le of South Fl or; nri LTC Architect: Peter Russo Landscape Architect: Gee & Jenson Site Planner: Gee & Jenson Civil Engineer: Gee & Jenson Traffic Engineer: Pinder, Troutman Consulting, Inc. Surveyor: Avirom & Associates, Inc. II. MATERIALS TO BE SUBMITTED WITH APPLICATION The following materials shall be submitted in two (2) copies, unless otherwise indicated: (please check) .La. lb. lc. ld. ~(1) 1.(2) ~3) This application form. A copy of the last recorded warranty deed. The following documents and letters of consent: 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 lr,5) If the applicant is a corporation or other business entity: the name of the officer or person responsible for the application, and written proof that said person has the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida, dated not more than six (6) months prior to the date of submission of the application, at a scale prescribed by the Planning 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. ie. if. 19. _(3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if property is occupied by native vegetation.) This requirement may be waived by the Planning Director where found to be unrelated to the land use or zoning issues involved with the application. A complete certified list of all property owners, mailing addresses, and legal descriptions for all properties within at least four hundred (400) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse shall be furnished by the applicant, 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. 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 tand 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 mechanical equipment, location of driveways and service entrance, and specifications for site lighting. Nuisances and hazards shall be abated or mitigated so as to conform to the performance standards contained in the City's zoning regulations and the standards contained in the City's noise control ordinance. Also, statements concerning the height, orientation, and bulk of structures, setbacks from property lines, and measures for screening and buffering the proposed development shall be provided. At the request of the Planning and 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 O:\Krik002\Exhibit A.Names-Addresses.wpd EXHIBIT "B" LEGAL DESCRIPTION A :to.52 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. O:\KrikOQ2\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 "u~~ COUNTY OF 11. < -----------------------, BEFORE ME THIS DAY PERSONALLY APPEARED JAMES COSENTINO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. He is the Operations Director of the Applicant which is the Contract Buyer of the real property legally described in Attachment A; 2. He 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 understands that all information within the Future Land Use Map amendment application is subject to verification by City staff; 5. He understands that false statements may result in denial of the application; and 6. He understands that he 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. The foregoing instrument was acknowledged before me this ..L day of ~1.eA, 20Q1, (Name of Person Acknowledging) who is personally (Type of identification) as ~ c ~ --=---- S, 'Ifr-,{t..::r , ;:) . 6c70 owledger Typed, Printed or Stamped) Applicant's Signature ~e:j ,4 Ce::5..c?<A'"1/t<) ifs-. DlrC. Applicant's Name '(Print) (Title or Rank) 4225 Genesee Street Street Address (Serial Number, if any) _'1/V/6'V Buffalo. New York 14225 City, State, Zip Code Telephone 7/(;> -G- 30 Ztz.1 (Notary's Seal) O'\Krik002\Applicant Ownership Affidavit.wpd City of Boynton Beach LAND USE AMENDMENT AND/OR REZONING APPLICATION Page 8 V. APPLICANT'S OWNERSHIP AFFIDAVIT tUWF COUNTY OF d ;: -----------------------1 STATE OF BEFORE ME THIS DAY PERSONALLY APPEARED JAMES COSENTINO WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: 1. He is the Operations Director of the Applicant which is the Contract Buyer of the real property legally described in Attachment A; 2. He 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 understands that all information within the Future Land Use Map amendment application is subject to verification by City staff; 5. He understands that false statements may result in denial of the application; and 6. He understands that he 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 SAYETH NOT. The foregoing instrument was acknowledged before me this --"- day of ~ ,20Q1, (Name of Person Acknowledging) who is personally (Type of identification) as ,/-'-\ \ c ~--------,- Applicant's Signature ( . ): Jo i)~60 (Name of Ack owle ger Typed, Printed or Stamped) :T11n(eS A Cd~~ o;S. {)It'< Applicant's Name "(Print) . 4225 Genesee Street Street Address (Title or Rank) Buffalo. New York 14225 City, State, Zip Code Telephone 7/&' (;,37"- Z!Z-j (Serial Number, if any) f :~.~~~, -':":" ., -l. D',~\, ;\~:::L0 (Notary's Seal) r' '. .... :;, " I,; ~t ' v r. _~:~::.':.; i: ,; ~t:~~.:l!:1 .. z- O:\Krik002\Applicant owner~'~i~' ~~;~~~il.~Pd :' <:. ;'" _,-:0 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 SCuft Sa. (Ix ( DULY SWORN, DEPOSES AND SAYS THAT: 1. He/she is the owner, or t~wner's authorize~, 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. , WHO BEING FURTHER AFFIANT SA YETH NOT. The foregoing i trument was acknowledged before me this 21. day of J./J)// , 20-IU.-, by .>tI &'~r (Name of Person Acknowledging) who is personally known to me or who has produced . (type of identification) as i en . ation and who did (did not) take an oath. (Signature of Person Taking Acknowl gment) V.4n~~,1} Eo. ~~ (Name of Acknowledger Typed, Printed or Stamped) ~ AJM1 ') ^FlFlliGGlnt'e: Name (Print) ('J,Vt7 I~ R-ILO 0./2../1 H Street Address (Title or Rank) (Serial Number, if any) l.JtEsr Ptrr.M IJ:6:icH Fi-- ~1{o9 City, Siate, Zip Code (Notary' Seal) Telephone (~Il 15',5' .f.l.<H r.' ',/, 'J AGENT CONSENT FORM STATE OF l'1.orel V~ COUNTY OF P/h..nr\ /!Jl?fl.<N / OpWhMJ OJ/ich,r BEFORE ME this day personally appearedJA-tYI l;D. CO.se-III"r/,J n , P, tJ"idel,t 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. Na e' ,;,,,",, (O"";"'J . Titl : ',nre~9~'i' ~f"K'RISPY KREME OF SOUTH FLORIDA, LLC ".1J.;).~ (,e~e~ec.. St. Street Address Gc(~ ,AJ,! i'{lJ.) City, State, Zip Code "11o-"~'i-AI.}( Telephone The foregoing instrument was sworn to and subscribed before me this ~ day of Il/OLl 2001 by"')/Tmq<:, (C(FiNlflVO. ~ ~~~O~N~~!~e~~~ fY\t('HA-g-"h S. We((\JGr~ Print, Type, or Stamp Commissioned Name of Notary Public My Commission Expires: Personally Known _ OR Produced Identification Dte-IUt:?'"v.z' S. h,l c..s-N.$,a Type of Identification Produced O:\Krik002\Agent Consent Form.Krispy.wpd "'\'Oi.,'!if~,, MICHAEL S. WEINER I g'i!:A''fA MY COMMISSION # CC 954585 ~.~:"" EXPIRES: July 12, 2004 "'~iif.t,..~" Bonded Thru Notary PublIC U~deMnters !lJ9U!MlapUn ~Iqnd NilaN ru~l papuog ",~~~:!.l!:t'Ac 1000, '" hlnr :S381dX3 t>','''iif'',"" SBSVS6 88 # NOISSIt1t108 ^~ 't.~ V.,4"l 83NI3M 's 13VH:J1t1 ""'"i,~'!!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; 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. 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: 10 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 submitted must be submitted to the Building Department so 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, 1 978 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 DR!. - 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 finai 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 1111/01 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 "8" 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. 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 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 PRBPAIIBIl BY MlIl Jl:BortmN TO. Jeff"'" A. Lwine, llac;:. 4000 JI. I'ederal Highway, Suite 201 Boca Raton, nodda 3343'1 Tax I'olio Jlo. QUIT CLAIM DBIW 'rI[[S QUI'1' CLADt DBBD, made this. ~ day of August, 2001, between ANTHONY MANNIN9, TRUSTBB, whose wst office ';'ddress is 31'J1 ~ S. de ".f"") 1ir cl Aii-"ltA /.h~U/'blJ (fr/. r/ JJI/$7, hereinafter called Grantor, and 1IJiI'l'IIOlIi" ~O, .. to 50% percent .interest, and AllGll"S'r VULTAGG1:0, .. to 16.67% interest, GIUSBPPB VULTAGGIO, e. to 1~.67% intere.t and PrBTRA LoPICCOLO, ..'to 16.66% intere.t, whose post office address is 1501 N.W. 2nd Avenue, Boca Raton, I'lorida 33432, called Grantee. wrrNESSB'rH That the Grantor, for and in consideration of the 'sum of Ten ($10.00) Dollax:s to ,them in hand paid by the Grantee, the receipt whereof is he~ acknowledged, have granted, bargained and sold to the Grantee, his successors and assigns forever, the following 'described property, lying and being in Palm Beach County, Florida, to wit,' , Lots. 3~ and 31, Block 2, L1IXB BOnrrON BSTA'rBS, and the West 40 feet of' Lot 10 and all of Lot 32, Block 2, L1IXB B~ BS~S, P~ 1, and Lot ~ and Lots 19 through 21, inclusive, (less Jlorth 10 feet for State Road 804 Right-of-Way and I-95 Right-of-Way), Block 2, LAI3 B~ lIS'rA'rBS PLAT 1, all according to' the Plat thereof .. recorded in Plat Book 13, Page 32, of the Public Records of Palm Beach County, 1'10rida. -. , , " '1ro'rB TO CLBRlt, This is a transfer of a partial interest in the real estate of the ~st from the trustee to the beneficiaries of the trust. .Therefore, only nominal docUlll8ntary stllXllPs 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 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 haB signed and sealed these presents the day and year first above written. ... nd Witness gnat h-J9~$"""fl jA.A~/O 2nd 'Witness Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this/-sI~ day of August, 2001, by ANTHONY MANNINO, TRUSTEE, who is: () personall~~own to me, or <a)' pr~duced ~. 'A'~~ as photo identification. I CaroIoSuaman . MYCOMMISSlONI CQ54<<U EXPIlIS . Septlmbor lQ, 2004 InNnm1MllITlO'fF.llNlllUlAlfCE.INC. No 'ary Public, State of Florida ~:::'. t:U~<,~ · ~~, - r. \lIPso\ 'III1t"!191o\QCD,.ipd 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 "8" and made a part hereof are SALVADOR H . SENTMANAT and NORMA T. SENTMANAT, his wife. Dated: November~, 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 II!II AI_f}'I'TId. '.......IC. .! ......... "" IIiiII f1ln4, I"", Odando, Florid. Rrium '''' JAMES J, MORAN, ES8.' N...,.. '_U. _1UWP... -GJ.t.F.U1H u~ .!oJ !.!lAN Add...... ..I1QST. OE:l1ICll.._QMml\ .to . ... .......... IIQTh":l'9.N .JlE:ACH._.1'~. .33425 This instrument ~..., prep.m.'d l>y: N"m,,' JAMES J.. MORAN ^ddrl'll~ REED, GRIFFITH & MORAN POST OFFtCE DRAWER 10 BOYNTON BEACH, FL 33425 JAN-oH988 U3:.9pm a8-001086 ORB 5534 p, 1373 Con 97,500.00 Ooc 5"'.>0,25 JOHN a ulJ'NKLE.CLERK - PB :CiiNn', FL .. _.____a.___._.. -1~~,)bl.I\'rthi~li,",rurNC'\'NilllC.!.tI"1 WARRANTY DEED ISTATtlTORY FORM - SEcnON 1>89.01, 1'.5;1 This Indenture, "",d",h', ..3"~ day"' December, ,.87, Between ROBERT L.. YOST, a married man, conveying separate, non-homestead real property, whose residence address is 2554 Avenue Au Soleil, Gulfstream, FlorJ,da 33483, o1fJk'CuuntyuC Palm Beach . St.ttt"uf Florida ,grdnlor"..And SALVADOR H. SENTMANAT and NORMA T, SENTMANAT, his wife, whu~po...lu(flC\'.Ndn'!o..b 633 N.W. 1st Avenue, Boynton Beach, of th~ Cuunty '1' Palm Beach ,St.t~ tlf Florida 33435 ,l\td"ll,,(,., Witnesseth Hut Solid l;tilnhlr, fur .oIl1d in ,tln..idl'r,l!ilm ,I( the ~Ulll \11 -------------- TEN and NO/IOO (~10.00) --------------------..ou........ .md '1thl'r ~ll(1d "nd l'o1lu.lbJ\' ..(lII..idl'rdlillm lv '-<Ikl ~rdnh)f in hdnd p.liJ by :ldiJ ~rolntl""', thl' R'.l'irt .....h.eft'll( ~ I","",by .Icknowledl';,--d. h.t; Jrlrauted. bdl'):.linl"CI..md 'ltsIJ Iu thl' ......iJ r.:r.&nll'l'. ",,\1 ~r.mlc\".. hl'lt~ .mJ .l.'1l>iW':<o f"<<'\'I-(, Uk' ~)lklWinl\ dt,-..nibl..... l.1.nd. "i1Udtl'. J~-in): .1nJ bcin,; in Palm Beach . (,'(.unty. fll'litJ.I, III.wit: The easterly 10 feet of Lot 10, all of Lot 11, the \-1esterly 15 feet of Lot 12, and that portion of Lot El and the westerly 15 feet of Lot 1 lying southerly af State Road 804 right-af-way, Block 2, LAKB BO~NTON ESTATES PLAT 1, recorded in Plat Book 13, Page 32, Public Recorda 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 1981, SUBJECT FURTHER to Mortgage dated May I, 1987, in favor of HARK .J. BRISSON, in the original principal sum of $74,000.00, recorded in Officiat Record Book 5267, Page 3~9, Public Records of Palm Beach County, Florida, which Grantees herein hereby assume and agree to pay. ..nd Solid IV,)nh.., diM..'!' ht,'f'l'l;ly fully WMroInt 1M titk< III <.lid I.lnd. anti will dl-fcnd the !o.1m~ ..~in..t th,' L1wful d,dml> uf 4111 pmIOC1!lo whotnsoev~. "'Gr.nh.'" oInd ";;r.antl.'C'''..1'C' Wlt'd for !lin~ular or plur.al. .5 ('lmt"t requiMJ. reaf, ,;r~ntor 1\.111 ~nt(l St"t ~,)fl~CJr's h.a d and :il.'o11 Ihl'dd\' And ~.lr fit:ll ..bf.'!fe wnt~n. eN In our pn..,t'flre . ,....- . -=_-_--~:~;72_:- --~-.~.-.- .~... i~~~-:. _~~.=_=:: - ~-t'-Q:'- ... -.. -__ ---- (Seal) _ ...___....n~______ (Sta!) STATE OF FLORIDA COl.JNTY OF PALIol BEACH I HEREBY CERTIfY that on this day b~fort me. ,an oflket' duly qualifttd h~ t.JkIJ acknow~nwnlll. PftSOnally 'PpNrN ROBERT L. YOST, a married man, conveying' separate, non.~ome8tead real DrODerty, .... . ta m~ ltnown"'lo IJ" penon(s) described in. and who oecuttd tlw lorq;olnR Instru!'1enl.and .dhow~cd brfotf me thit he t'Xt('uted Ihe same, ~ . - . . '. WITNESS lI'Iy hand and official SHlln the County and 51 I .roruald th~ ~:--tia ~ c~r ,1987. My commission ..pires: Nobly N>Iit. SIt.. " IItdIa II, c...w.'on &P;u lI&y 26. 1990 ~ .... r....Iq:..... lilt _ ECORD VERIFlEO 8I!ACHCOUNTY, M .IOtW B.1lUN/Q.I CI.efIK CIRCUIT COUIIT '.I(o.,!:W" ASSIGllKElIT AIm ABS1IKP!rrOlf AGREIlIIBNT THIS' ASSIGlOOnIT A)lDASStlHP'.l'ICllf AGREBIlD't ("Agreement") enter;:d into this 21st day of Novelllber, 2001, by ana between Dyuu!o DorLghnuts Florida Realty, Ine., a Florida corporation. ("A~signor"), and Xriapy JCr... of! .South FloridA LLC, a Florida' limited liability '::oJllpany ("Assignee"). RECITALS: A. Assignor and August and Joseph Vultaqgio entClred into a Purchase and Sale Agreement dated July 16, 2001 (the "Purchase Agree.., ment"), the terms of which Purchase and Sale Agreement were confirmed and acknowledged by Anthony Mannino, Trustee,. and Pietra LoPicl:olo by a Confirmation of Contract dated August 10, 2001. ' B. Assignor desires to assign to ASSignee, and Assignee c.esires to assume the rights, duties and liabilities ot AsSignor under the Purchase Agreement. .A.GD1P.V1r.N'It : NOW, THEREFORE, in consideration of the foregoing premises, ~~ mutual promises and covenants herein contained, and other go:>u anc. valua.ble consideration, receipt of which .are hereby acknowledged, Assignor and Assignee do hereby agree as follows: 1. Assignment. Assignor assigns all its rights and interests in and to the Purchase Agreement to Assignee, effective as of the date of this Agreement. 2. AS8tm1Dtion. Assignee hereby assumes all obliga.t:ions. agreements, cOlllJllitments. liabilities and duties under the Pu:l:'chase Agreement, including all payments required thereby and agrees to be bound by and comply with all terms and conditions of the PU'~~::''::~ Agreement with the sallie force and effect 'as if it was orig:Lnally executed by Assignee. In Witness Whereof, the Assignor and the Assignee have executed this Agreement as of the day and 'year' first written abeve. ASBIGIIOar DyDaic Doughnuts 1'1orilSa Realty, Inc., a Flo ~ a co~oration ~ - ~ By: ,::: ~ "", mes A. Cosentino resident By: ABBIGIIDl: lU'bpl' n_e of south Florida LLC, a Flor. limited liability company ~?t~ es A. Cosent1no perations Director ASS:IG'IOIEHT AND ASStDIP~rOlf AGREEHEm' TH1:S ASSJ:GlItMEJIrr AND A88UKP~IOB AGlIIl1qJ1nf'r ("Aqreement") entered into this 21st day of NOVelIIber, 2001, by and between l)yDamic J:)OgqJmgts Florida Realty, InCl., a Florida corporation ("Assignor"), and Itrispy Kr_. or South Florida LLC, a Florida liinited liability oompany ("Assignee"). RECITALS: A. Assignor and Salvador H. Sentm-anat and Norma T. Se:ltmanat entered into a Purchase and Sale Agreement dated July 16, 2001 (the "Purchase Aqreement"). B. Assignor desires to assign to Assignee, and Assignee desires to assUJI\e the rights, duties and liabilities of Assignor unc.er the Purchase Agreement. AGRIlBKZWT: NOW, THEREFORE, in consideration of the foregoing premisE's, the mutual promises and covenants herein contained, and other good and valuable consideration, receipt of which are hereby acknowleiqed, Assignor and Assignee do hereby agree as follows: 1. A..iaument. Assignor assigns all. its rights and interests in and to the Purchase Aqreement to Assignee, effective as of the date of this Aqreement. . 2. ASSllmntion. Assignee hereby assUJl\es all obligations, aqreements, commitments, liabilities and duties under the Purchase Aqreement, inclUding all paymen~s required thereby and aqrees to be bound by and comp1y with a11 terms and conditions of the PUt' chase Agreement with the SaJ1Ie force and effect as if it was originally execute~ by Assignee. In Witness Whereof, the Assignor and the Assignee have executed thili Agreement as of the day and year firlit written above. OR.: io Dou!JhDuts J'lorlda Realty, Inc... ori a corporation .' .(~~ ~ es A. cosentJ.no resident ASSJ:GJlEE: ~i8py ~..e of South Plorida LLC, a F10r a limited liability company By: Ct/t _____ . es A. Cosent~no erations Director AGENT CONSENT FORM STATE OF .t:'/t.JRI~(I . COUNTY OF _ ~~m ~t fI . 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. g (Printed) ..../,cF,c~Q, Jf....ssm~/U v owner'SSignf: ~ . t?~::J;fi1 0 / ~~{,- Owner's Name (Printed) ;( h :;-h . U7j' Yo ~ 1i;~ I-3PJ9fl(b Owner's ddress ~6~TNE~~/~L~~~c~ The foregoing instrument was sworn to and subscribed before me this /5C<- day of ~ ~...uJ 2001 by Norma T. Sentmanat. lie V/l/ Ji/y J3 ,fill -5"3 ~2b CitY, State, Zip Code (~&I) 7-,,3tl>O 760 Telephone Signature of Notary Public-State 0~1/";"... ~ ~~~A~~ Print, Type, or Stamp Commissioned Name of Notary a ., .tJ~1 Public My Commission E~es: 7 '/c)' q?2 Personally Known OR Produced Identification Typeof Identification ~'';.';(...~~'" Carole Sussman ,:f'h.""~ MY COMMISSION # CC954404 eXPIRES ~\~:<f€ September 10, 2004 ';.'l,~'h"'f~*,',:o BONDED THRU TROY FAIN INSURANC~ INC. "If;"" .. 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'\KrikQ02\Exhibit A.Sent.wpd AGENT CONSENT FORM STATE OF 5 ioR.; o-A COUNTY OF f)-A I tJ1 lkltc+f BEFORE ME THIS DAY PERSONALLY APPEARED SALVADOR H. SENTMANAT WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: I. 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. 1 authorize and designate Scott Barber (Gee & Jenson) to act in my behalffor 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) ,4~~y I t::Cl/fJ..tJ/!/ - Owner's Signature .A.,1v~t./ 4.f. ~,_L,,-~t: By: )Air", )O~ /J. S,,-</7-'?"J'U r Owner's Name (Printed) (,3'1 /Y. ul. /_Y /.JJ,,,-. Owner's Address /:1 c V ~ 7 d-'t! ,(J.x,4 ~1/ r-/ .1) Y.,lr, City, State, Zip Code ,<;"(,/ 73?! o/{,o Telephone STATEOF fJtzi COUNTY OF . ,4( IX The foregoing instrument was sworn to and subscribed before me thisL50'Gday of'--;l(/7/,/ <,/>-->-,,4.LA ) 2001 by Salvador H. Sentmanat. _ LI ~ - - Signature of Notary Public-State o~~~ / Print, Type, or Stamp Commissioned Name of Notary tJ ~ c:<~..o7' Public ~ My Commission Expires: . A . <----. .--<~ Personally Known~ OR Produced Identification ~ ~~ Type of Identification Produced .,.~-:r?~... Carole Sussman ~'I"- s i.:, ,,~ MY COMMISSION' CC954404 EJIPIRf ~" ,.?j September 1 0, 2004 ""~;iif...~1t-'" BONDED THRU TROY fAIN INSURANCE. !He 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 STATEOF fUsvIAv--- 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 IUlder 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 IUlderstand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. (Printed) J c:- ,/'r"/." .0<..,;; f...J/r<? 'v -' '(~ &L~I Itrtmrh<Y\ WL'vo.. ~t\l.e..... Owner's Address j7(;1 0..... Ku..~ 1 f=L- s?>~ 33 City, State, Zip Code STATEOF ~~,~ COUNTY Or: 4,i-,,,, AIC: 1/ The foregoing instrument was sworn to and subscribed before me this/5~ay 0~L0-n~ 2001 by Giuseppe Vultaggio. . Signature of Notary PUblic-State~~ , S<O\-21~ Telephone 0<;-71 Print, Type, or Stamp Commissioned Name of Notary c .-/ Public ~ ((;/ My Commission Expires: /" /C' . d.dAf'y 'A/(.L~A~/r>.-tV1------ Pers...onally KJll!wn~ OR Produced Identification .... ~ - Type of Identification Produced lJtA~""~" Carole Sussmon i.; :., MY COMMISSION # CC954404 EXMRES \j...~ September 10, 2004 ,.,:r.,C&:,~if.." BONDED THRU noy fAJN 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 19through 21, inclusive, (less North 10 feet for State Road 804 Right-of-Way and 1-95 Right-of-Way), Block2, 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~>u4<-, COUNTY OF <"_7> ~dC~ 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 behalffor 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. OT. e of er (Printed) l/lj"'~^,~)" ...f:. (f .-?r><'/v ~" ~~ /J By:/tN-r/-I01'-" '1' /"'1 rl /V /v//vu . Owner's Name (Printed) 30/5 ..JOOcrF'f/V 15't.l"tJ I9Pr?/' /:j Owner's Address STATEO~~~ COUNTY Oft - , ;c--~7 The foregoing instrument was sworn to and subscribed before me this /5~ay of ~€~/"7,rf.'"/ 2001 by Anthony Mannino. "--- /-k6'/(c..J-//l/.c;J tff>?c/( I~/f' City, State, Zip Code 33 V 87 561c16s-Sl.qo3 Telephone Signature of Notary p~c-State 0~41/ ~ , c7--UL~ C '~--L~ pri~mp ommissioned Name of Notary Public My Commission EXP": 9. /0. 4d<-Y Personally K!lQWI1 OR Produced Identification Typeof Identification Produced ~-4~I':'~'f~# Carole Sussman j.f A MY COMMISSION # CC9\4404 EXPIRES ~" /!!: September 10, 2004 ...tRf:,r..~'" BONDED THRU TROY FA.IN INSURAHCE,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 AGENT CONSENT FORM STATE OF FI<.5VI~ COUNTY OF f'"uJ'1'\ ~ttd--... 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 behalffor 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. to JE/C/',"U] ,f.f.f/>l4A. Lj 1/ 0 N ~1 ~ftv~. Owner's Address DOeR RcLhrYl, f L 334~ I City, State, Zip Code STATE OF q.-eI.tJ?J COUNTY OF ~ /.I,! JJ,...",c-r,5 The foregoing instrument was sworn to and subscribed before me this / ",-0-day of '-;1;AX~~--C~ 2001 by Pietra LoPiccolo. '---- %\' On '/0?:.\p Telephone Signature of Notary Public-State ~.&>-<'~ My Commission Expires: '9 . /0 ' .,).~~y Personally Know~ OR Produced Identification Type of Identification Produced Print, Type, or Stamp Commissioned Name of Notary Public 0f~~--:~A~ .,.~\t~ Carole Sussman f.riA,\.~ MY COMMISSION I CC954404 EXPIRES ~.~.?~ September 10,2004 ""'l..Rf."t;..rr..,.~ SONom THI!U TROY F4IH INSU~A"'CE.ltlC. EXHIBIT "A" LEGAL DESCRIPTION Lots 30 and 31, Block2, 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 19through 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 AGENT CONSENT FORM STATE OF f(bYI~ COUNTYOF ('aiM &wd~ 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 Wlder 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 Wlderstand how the proposed changes may affect the Property. FURTHER AFFIANT SA YETH NOT. Signature of A ger (Printed) \//r/" _ kJJ/?,".{'IV - ~~r's Si~atur~ . . . /'~ J, ' By: ~~~ i~~lLIC Own r s ame (Printed) ~:a~ S(i f::,1 B;~~:t.lr Owner's Address ,.?-~) <I ~ ~', City, State, Zip Code STATEOF rh"f' i tJ~ COUNTY OF /,.<1 Ch? r~( 17 The foregoing instrument was sworn to and subscribed before me this.-<'5l2t'- day Of~ ':r:L<~ 2001 by August Vultaggio. ~ Signature of Notary Public-State af.- ~..< ...<~ L':J-O/ 0:: r~. :> 77? Telephone Print, Type, or Stamp Commissioned Name of Notary Public My Commission Expires: ;7./0' ,,;L.cnJY ~rcx ~ Per~ally ~n'/ OR Produced Identification /2~~/-<---~ )'-~ Type of Identification Produced ~, Carole Sussman r.1"X"';'1 MY COMMISSION # CC954404 E~RES ~.~'iI: September 10, 2004 ~r.o;';"'lf.>' BONDED1HRUT~OY FAIN INSURANCE, INC "".n'" 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 19through 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 -------- i!i;.Ui~~!~~~~ ~l!{I~~rU~iHHE' . ";.' 'l I I ~~ ~a f ~~ ~~ ~ ~ ;.....,4 ~ F . 1S~ B " i R " I ~R ~ . ~ ~ ~ '" " .. ~ , ~ g . . g :-----"------:--~T-.--m-----~ ''It- ... O~ l:;1 ~ CO~ ~ ;: .% z ~ ~i I ~ - ri ~v:;, " ~ ~ C~ . a:~ _~~ I W.... -IS . =>~ O~ mSl I~ t)~. . <(<Ii W~ .m~ ~ Z~ ~ ~ I ~~ .~ Zq >-~ O~ m lm'M SSOlO ........ ~ r I ~ r ~ ~ m~ =B~ "g g" I ~~O~'<:' 0 ..., ~ ., i z ;.,,< ., I - ",;L _ .-'. ... 5 t III' . . \ '1 b:i: ". .,\ .' l I' t . -----.Ttt--.-.-.------------,-.--~-~ '----.~-.;~ : \: . I J T .. ~ 1 ' t 01 101 ~ !l3ClNl'l>'vrnJ . , I ~~ . I t\1 ~~ I 019. I J I, t I OIS I to !-.~ ": I I,... '" reO S! ,; IB~ ~D I; . ; u:i5 . - . " a I I .G6"9t>t . "N""'''''.' 3 .10.1~10 S <17 O,rT:Itoo . ,~~t. ';'~.~ ~ ~fr~~~t t--~,,<, . ~ ~:0~" ...:'~ --.---; .- ; r~ t? " ~~V :'~" ~_"!o ~,~~-~ .~ ---r !tm I . I ~ . .. - - . '- ,. 15 ~ I .,~ ~(I) ~ 1 I ; ~- >- ~ ~;...... ~: . . . t'~, ~ I,., .,~~w . l'l D F/f/J}~3~0 :I~ e~ e ~~ .::J,~~ 0 I ~ ia ;C\J.: . "~:I:.' ~~..M". .. ,~I ~ ._. ._." _. _D-.'-:-~_!~ 10I_-..@~ ~:_ _ .~:'~. . .L"" . e ~ --";' ----I~- ~~'~A,~~_."t., ~~B 0 "~ .n>.' l~ ~ ~ ~ , . 1 t E1~ "" _x_x ,.; . _,c- = - I I )( Jt_)(-,c- '- , .. ~ - . ~ (!'l I ,I ~ ~ r~ e ..~ !ljl . ~ ~ :'~,; 3~~: '. ',,, ; i~ ________~l. -----.~----riT-~.-.----- . . "" " ~III'" "'" ; ; ,~: ; ;; ~ "1G~ \. ~ i"M"~ . g I. I'"~ :I~' : !.: .. '~" .-+- III ii ~a; . ii 1,1 ~~ I ~ 1 I C\lU'l . ~ ~~: : 5~~ '" ~ g ~~:.:. g~~ g ~I' ~3 I It . m g!i 3 . . "'I t L!...- W,ai il -, I!, ~ cL' ~ ______._______! i! _._.___:.=.___._---..:_~ _ it! ---. ~. . 2 . I: ~ . ~. '1.' ~ '. II . . .' .1 0 I: ~ I : -' '1 It 'I I lit 1,1 lit 1,.1 lit I, I III \ i. ! . I i i ~I I il i I i r-- I I \ \ r-'~ \ ~\ ~I ~\ ~ "(j . ~ ~- i i I :u: ~ " , ~::; ::; ::; " , : ~ " .. @ " ;, 0 8 ;:l ;: ~ 2 ~ ~ ~ ~ I I , ~ ~ i I I I I I ~ " ~ ~ ~ !! ~!! I ~ .!'! - . ~ ! ~ ~ I \ -\ i I i .~. i ;: :i 8 ~ ~= .<9 5~~ Ie ~ 0I~1l! ~~ . ~~(.--~~- -~. ~ IIJ ~ 1 in II) I ~ 11 ~ I ~ .j l8 '~I :.,;. Q -.....,~ ~ ~ .. o. 0 . oJ",..,,, 0 . ~-"'''' .... ; :1~:;;l ..~~ ~ >- '111 '. .,' . t ~ ~ I . Q '. . g " . . g :c. d~ -~ Ul '" ~ o -' I I M .10.1~IO N I " . N " . ..~"'O I ;::J::s~c; 2 ~l!~ . ~ ~ I ~ I ':r ~ . ~I ~, I -, --- .~t>:61 . " ;; " " ~ '" '" ~ o -' 'm '", .... o -' ,,- t~ .~t.~~ fs-..4 ','C'! 1.6: 36 AVIROM & '~SOCIATES INC. TEL:561 394 7125 P. 001 SURVEYOR'S AFFIDAVIT STATEOFFLORlDA ) ) SS COU:,,:Y OF PALM BEACH ) BEFORE ME, the undersigned authority. persomllly appellred MICHAEL D, A VlROM, a duly regist~r xl surveyor and mapper under the laws of the State of Florida, Florida, Registra/.ion No, 3268, (Ibe "Mfi In :"), who upon being duly sworn upon oath, deposes and says: I. Exhibit "A" attached hereto is the legal description prepared by the City of Boynlon Belich Planning and Zoning Division for the property to be de5ignated under the Land Use Amendment and Rezoning AppFcl!tion. 2. Exhibit "a" attached hereto highlighted and cross hatched with green Jines graphically depicts tl,e legd description in attached Exhibit "A". FURTHER AFFIANT SA yarn NAUGHT: cl~,~' MICHAEL p, A VIR M Professional Land Surveyor Florida Registration No. 3268 A VIROM &, ASSOCIATES, me. LB NO. 3300 SWC'RN TO AND SUBSCRIBED before me this 21 st day of November ,2001 by MICHAEL D. i\ VmOM, who personally appeared before me and who is personally known to me. l~>>'. ~ Lila c.llaglll8 ,.. ,ro: MYCOMMISSION'CC817077 EXPIRES ').. '.- ~r"2,2003 ~~,.r.: ,.' IIOOlDECTHIUWO\'F~NWSUI1AllCf.",C ~:r.~~f~. ~ Notary Public, State of Florida My commission expires: :1 "iEJI 16:37 1. l.- . I -' J ';' t . '),,"1 ~'tt~ '~.' 4 --, ;-~); .l$!!m Mankoff AVIROM ASSOCIATES INC. D TEL: 394 7125 P. 002 I n.....L.. UJ. / ' . I ........ J " Plahni~lg & Zoning C ivision CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach BlVd. P.O. BOlC.310 Boynton Beach. Florida 33425 (561)742-.6260 (561) 742-6259 FOlC F~CSIM'LE FAX: JIilll72.6Al " 4-i .-,', ,. Dl 'I.H d -'~"-" i,;; ...:-S," u ,on ; NUMBER Of PAGES: {Including 1_ coverl , -' _ N !/!m~ 13, 2001 "'r-:. ' K .'!'py Kreme Legal De&rtptlon , , , n _ .; .:- 'L 'l!)1I:'!:lf'l.......nn'llll't ; ,.".-,~;7..~"~ -"<: ;~':::~EI ::arCel, described 8B; : All of L.ots 10. 11, 32. the west! 16.00 feet of Lot 12 and all that portion of Lots 8, 9 , 19 and the w~ "6.00 feot of Lot 7 IyIn/1 south of State Road B04 right-of-way, all of Blocl< 2, ~KE 80VNTI:lN ESTATE$ PLAT !i according to the Plattttereof 8S recorded In PlaUJOOk ~3. Page 32 of 1h.~ Public Recorda of PliI:m Beech COunty, Florida, ! .... .'.j, C" .. ^ " ~~",...,.. ~ C: ('liS[ I \6: 37 AVIROI,! & ~SSOCIATES INC. TEL:S61 394 i125 P 003 I- I -, I~ I ~ I . i I I l..j I I" .,. l ~ 5 '- --< a fll Rl e ';!H / __~S:~""o,pw G a . IJ "-~--- il4.2ll' . ,"l.I,-"I" "' I ~ " I '1 [; [; ,- '. I -I --< ~. '" '" . 0 , I aJ , i ~ ! 10 . . ~-< :r----r- r--'-----. ~~ I ... ..z j !-1 .ClI , .-t . ~ .... ~o !I j;l~m : !~ ,it I .' I'" .~ ~z [; ~r : ;~ "I I 1,1\ !'l 0 ~tIl -I '" () :Ii I ii t'J m I ~ l" ^ ~m ., ~m" 1 .l~l._,,~ I 13 "> ~a 1 ! e I ! ~~ ,- '.' I .::,~- !~ ". ~.\ ' , , -..... j;lC , ,.'li"" , ~h , ~i. ':~ . I i~ ; ~~i ~~ il ~I . r. mg 1 I !i ~I - , ,:~.. i x ~ ~. ~;:. ,.;~ e I i II !;Ie ;:nrf..1~r , ~c . " ~ ~ i ... e n . . ". ;:...... 'i :j.' e !f\tl . ..---. '-"~- '. :f-~:,lF' ,.-' ..,.,'." .. ;'~ u" -' ~ " REMAlNJEA OF LOr ,2. n.-----fl-. S ,. . ~ : c:9' . .~ ~ ~ ----'li - , g t~~ . I _I. ~I c' . ! i C ! . I e~ I g d ~- II Ii ; ; . . I o~ .~ : 0 ~ iG II I Ie i Ii ~~ ~ I ~" I fi I ~ I .__~.L,~--- 1 I) I i G\~ ~!~t i ~ ~l n~~ " 'I II. u Jil~!!iifilitJ!ili~i~jiil;l~~i I . ~ , t ADDENDUM TO THE PURCHASB and SALB AGREEMENT ("AGREEMENT") BETWEEN AUGUST VULTAGGIO and JOSBPH VULTAGGIO ("SBLLBR") and DYNAMIC DOUGHNUTS FLORIDA REALTY, INC. ("BUYBR") 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 assign ("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, 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. 5. 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 J=[N day of No ember, 2001. ~ ~ ANTHONY MANNINO /:? ~r;) TAGGIO a/k/a GIUSEPPE VULTA IO _fu.A--'-UL L ~'PtfJ\)jJ..n PIETRA LoPIC OLO DYNAMIC DOUGHNUTS FLORIDA REALTY, INC. By: . - ,. EXHIBIT "Au 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. .,. , I) 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. 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 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 , i (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 ) applicable governmental authority; (ii) the lien of taxes and assessments for the calendar year of the Closing and all subsequent years; (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) (vii) matters incurred by Purchaser; and 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 ("Commitment") 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 Commitment 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 ) 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 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 Adjustments. (al 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 h...hhhmmmht.!:le. ..I:>as:is Of t.be. ..t~es for _t.he_lOOat_xecent 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 , j ) 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 Connritment, 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-1 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 I 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 ) , i 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 (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 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") 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 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 g ) 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 11, 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 } \ (d) If Purchaser fails to deliver the Termination 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. Cendi tien Precedent: The Purchaser I 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 ) i 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 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, 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 \ I all or 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 \ (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 ) I 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. E7h;hits. 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. 2= 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 more 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 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 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," "hereof," "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 ) 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 perfonnance 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 ) \ 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 OMITI'ED. 38. Signs. At the termination of the Due Diligence Period Seller herewith grants to Purchaser the right to place a sign on the Property, conforming 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 By: FLORIDA REALTY, INC. V~~~ } , j 20 Witnesses: SELLER ~ S ~Ll-e.~: -8::;;* o2i1-~; OSEPH TAOOIO 1tt~ : 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. ecution J~ Agent 7--y.p-tJ / 21 - . \ \..' ~ 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"). ~/ /~ ANTHONY MANNINO, TRUSTEE / (i) D1;;-~ &n hfre.a/ ~ PIETRA LoPICCOLO Dated: o )..00 J F,\WPSO\Vultaggio\Confirm-K.wpd . ADDENDUM TO THE PURCHASE AND SALE AGREEMENT ("AGREEMENT") BETWEEN SALVADOR H. SENTMANAT AND NORMA T. SENTMANAT ("SBLLBR") and DYNAMIC DOUGHNUTS FLORIDA REALTY, INC., and/or assigns ("BUYER") 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. :4t..-/#(' ~.L:;dM_.d; /~~ ~ NORMA T. SENTMANAT \ /J;i) DYNAMIC DOUGHNUTS FLORIDA AEALTY, 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. F:\WPSO\Sentmanat\Legal.wpd