APPLICATION
PROJECT NAME: Krispy ~.Jeme
LOCATION: 633 NW 1st Avenue
COMPUTER ID: 01 42000006
I FILE NO.: LUAR 01-008 I TYPE OF APPLICATION:Land Use
Amendment & Rezoning
AGENT/CONTACT PERSON : Scott Barber OWNER: Salvador & Norma Seutmanat
& Gee & Jenson PHONE:
PHONE: 561-515-6500 FAX:
FAX: 561-515-6502 ADDRESS: 633 NW 1st Avenue
ADDRESS: One Harvard Circle Boynton Beach, FL. 33426
West Palm Beach, FL. 33409
Date of submittal/Proiected meetinl!: dates:
SUBMITTAL / RESUBMITTAL 8/20/01
1ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 9/24/01, 10/13/01, 10/23/01,
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE: N/A
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 10/23/01
MEETING:
COMMUNITY REDEVELOPMENT N/A
AGENCY BOARD
CITY COMMISSION MEETING:
Public Hearing: 11/7/01
First Reading: 11/20/01
Second Reading: 12/4/01
COMMENTS:
APPLICATION SUBMITTAL CHECKLIST
COMPREHENSIVE PLAN AMENDMENTS
PROJECT NAME: Krispy Kreme OWNER:
Dynamic Doughnuts Florida Realty, Inc.
4335 Genessee Street
Buffalo, NY 14225
LOCATION: W, Boynton Beach Blvd AGENT:
Scott Barber/Gee & Jenson
One Harvard Circle
West Palm Beach, FL 33409
FILE NUMBER: LUAR 01-008
SUBMITTAL REQUIRED DATE
(....) RECEIVED
APPLICATION FORM .... 8/20/0 I
FEE PAID .... 8/20/01
OWNERS OF RECORD CONSENT FORM
COPY OF PURCHASE CONTRACT 8/20/01
AGENT AUTHORIZATION 8/20/01
LEASE AGREEMENT
CORP. OFFICERJPERSON RESPONSIBLE AUTHORIZATION
SEALED BOUNDARY SURVEY .... 8/20/0 I
LEGAL DESCRIPTION .... 8/20/0 I
TOTAL ACREAGE (TO 11100 Ac.) .... 8/20/0 I
TREE SURVEY
PROPERTY OWNER MAILING LIST .... 8/20/0 I
PROPERTY APPRAISER'S MAPS .... 8/20/01
APPLICANT'S JUSTIFICATION STATEMENT .... 8/20/01
IMP ACTS ANALYSES
DWELLING UNITS N/A
USES ALLOWED/EXCLUDED .... N/A
TIMING/PHASlNG .... N/A
EMPLOYMENT PROJECTIONS
TRAFFIC ANALYSIS COMPARISON ....
WATER DEMAND COMPARISON .... N/A
SEWER DEMAND COMPARISON .... N/A
RESIDENTIAL POPULATION N/A
LAND USE CONFLICT MITIGATION ....
SOILS ASSOCIATION/FLOOD PLAIN MAP
GRADE ELEVATIONS
WATER BODIES
MAINTENANCE PROPOSAL
SERVICES PROVISION COMMITMENT
ESLO SUBMITTAL
OTHER:
.,
APPLICATION ACCETABLE UATE: RECEIVED BY STAt-F MEMBER:
FEE PAID: $~ ')1?v RECEIPT NUMBER:
HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? DATE:
PLANNING & DEVELOPMENT BOARD
1101 ~ rrg ~
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CITY OF BOYNTON BEACH, FLORIDA
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)
Dynamic Doughnuts Florida Realty, Inc.
Address: 4335 Genesee Street
Buffalo, NY
14225
(Zip Code)
(561) 871-9602
FAX: (561) 344-0490
Phone:
5. Agent's Name (person, if any, representing applicant):
Scott Barber and Gee & Jenson
Address: One Harvard Circle
West Palm Beach FL
33409
(Zip Code)
Phone: (561) 515-6500
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:
Salvador and Norma Sentmanat
Address: 633 NW 1st Ave.
Boynton Beach, Fl
33426
(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.)
Developer/Contract Purchaser
9. Street Address or Location of Subject Parcel: 633 NW 1st Ave.
PCN (s) 08-43-45-29-01-002-0071
10.
Legal Description of Subject Parcel:
lake Boynton Estates Pl 1
Wl Y 15 ft of lot 7, lot 8 (less SR 804 & 1-95 R1W), East 10 ft of lot 10, lot 11 & west
of lot12 BlK 2
11. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: .26
12. Current Land Use Category: Residential
13: Proposed Land Use Category: Commercial
14. Current Zoning District: R-2
15. Proposed Zoning District: C-2
.,
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 3
16 Intended use of subject parcel: Fast food with drive thru
17.
Developer or builder:
Dynamic Restaurant Operations of Florida, Inc.
18.
Architect:
To Be Determined
19. Landscape Architect: Gee & Jenson
20. Site Planner: Gee & Jenson
21. Civil Engineer: Gee & Jenson
22,
Traffic Engineer:
Pinder Troutman Consulting, Inc,
23.
Surveyor:
Avirom
II. MATERIALS TO BE SUBMITTED WITH APPLICATION
The following materials shall be submitted in two (2) copies, unless otherwise indicated:
(please check)
--.2L a.
This application form.
--.2L b.
A copy of the last recorded warranty deed.
Xc.
The following documents and letters of consent:
_(1) If the property is under joint or several ownership: a written consent to the application by
all owners of record,
_(2) If the applicant is a contract purchaser: a copy of the purchase contract and written
consent of the owner and seller, and
L(3) If the applicant is represented by an authorized agent: a copy of the agency agreement,
or written consent of the applicant, and
_(4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of the
owner, and
_(5) If the applicant is a corporation or other business entity: the name of the officer or person
responsible for the application, and written proof that said person has the delegated
authority to represent the corporation or other business entity, or in lieu thereof, written
proof that he is in fact an officer of the corporation.
~d. 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
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 4
prescribed by the Planning Division, and containing the following information:
_(1) An accurate legal description of the subject parcel.
_(2) A computation of the total acreage of the subject parcel to the nearest hundredth(1/100)
of an acre.
_(3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree
preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if
property is occupied by native vegetation.) This requirement may be waived by the
Planning Director where found to be unrelated to the land use or zoning issues
involved with the application.
X-e. 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.
~f. 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.
~g. 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.
"
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 5
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.
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 ordevelopment,
and any particular uses that would be excluded.
~(3)
Proposed timing and phasing of the development.
~(4) For proposed zoning of property to commercial or industrial districts, where the area of
the subject parcel exceeds one (1) acre, projections for the number of employees.
(5) A comparison of traffic which would be generated under the proposed zoning or
development, with the traffic that would be generated under the current zoning; also, an
analysis of traffic movements at the intersections of driveways that would serve the
property and surrounding roadways, and improvements that would be necessary to
accommodate such traffic movements. For projects that generate move than five
hundred (500) net trips per day, a traffic impact analysis must be submitted which
complies with the Municipal Implementation Ordinance of the Palm Beach County Traffic
Performance Standards Ordinance.
(a) For projects that generate two thousand (2,000) or more net trips per day, the
traffic impact analysis must be submitted to the City at least 30 days prior to the
deadline for land use amendment and/or rezoning, in order to allow for timely
processing of the application and review by the City's traffic consultant and Palm
Beach County. The applicant shall be billed for the cost of review by the City's
traffic consultant.
(b) For projects that generate between five hundred (500) and two thousand (2,000)
net trips per day, the traffic impact analysis must be submitted at the application
deadline for land use amendment and/or rezoning, in order to allow for timely
processing of the application and review by Palm Beach County. However, if it is
the desire of the applicant to utilize the City's traffic consultant for review of the
traffic impact analysis prior to review by Palm Beach County, then the procedure
and requirements outlined under item "a" above shall be followed.
"
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 6
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
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)
Existing and proposed grade elevations.
,.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 7
_(c)
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
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.
<
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 8
V. CERTIFICATION
(I) (We) understand that this application and all plans and papers submitted herewith become a
part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the
above statements and any statements or showings in any papers or plans submitted herewith
are true to the best of (my) (our) knowledge and belief. This application will not be accepted
unless signed according to the instructions below.
Signature of Owner(s) or Trustee,
or Authorized Principal if property
is owned by a corporation or other
business entity.
Date
VI. AUTHORIZATION OF AGENT
~-
~ uth . ed Agent
8J~1~
Dat
(I) (We) hereby designate the above signed person as (my) (our) authorized agent with regard
to this application.
Signature of Owner(s) or Trustee, or
Authorized Principal if property
is owned by a corporation or other
business entity.
Date
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 9
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review and Processing Schedule:
~Date Accepted by Planning Division
~Date Transmitted to City Clerk
~Date Notifications Mailed to Surrounding Property Owners
~Dates of Advertisement in Newspaper (rezoning and/or land use amendment)
Dates of Advertisement in Newspaper (annexation)
_Date of Transmission of Departmental Review Forms to Department Heads
~Date of Review by Technical Review Committee
~ Date of Pre-Hearing Conference
~Date of Public Hearing Before Planning & Development Board
~Date of Public Hearing Before City Commission
~Date of Transmission of Proposed Comprehensive Plan Amendment to Florida Department of
Community Affairs, pursuant to Florida Statutes, F.S. 163.3184 (1) (a)
~Date of Transmission of Proposed Comprehensive Plan Amendment to Other Governmental
Agencies Requesting Notification, Pursuant to Florida Statutes, F.S. 163.3184 (1) (b)
~Date of Receipt of Notice from Florida Department of Community Affairs Regarding
Comprehensive Plan Amendment, pursuant to Florida Statutes, F,S. 163,3184 (4)
~Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (5) (b)
~Date of Hearing Before City Commission on Revised Comprehensive Plan Amendment, Pursuant
to Florida Statutes, F.S. 163.3184 (6) (a)
~Date of Transmission of Revised Comprehensive Plan Element to Florida Department of
Community Affairs, Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
~Date of Receipt of Notice from Florida Department of Community Affairs Regarding Revised
Comprehensive Plan Amendment
~Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (7)
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 10
_Date of First Reading of Ordinance to Annex
_Date of First Reading of Ordinance to Rezone and Amend Future Land Use Map
_Date of Second Reading of Ordinance to Annex
_Date of Second Reading of Ordinance to Rezone and Amend Future Land Use Map
_Date of Expiration of Zoning
_ Date of Expiration of Time Extension for Zoning
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 11
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 12
NOTICE TO APPLICANTS FOR APPROVAL OF LAND
DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land development orders and permits which are
submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance,
and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste,
recreation, park, and road> facilities) would be available to serve the project, consistent with the levels
of service which are adopted in the City's Comprehensive Plan:
- Building permit applications for the construction of improvements which, in and by themselves, would
create demand for public facilities.
- Applications for site plan approval.
- Applications for conditional use approval.
- Applications for subdivision master plan approval.
- Applications for preliminary plat approval.
- Applications for final plat approval.
- Applications for rezoning to planned zoned districts.
- Applications for revisions to any of the applications listed above, which would increase the demand for
any public facility.
> Applications for development orders and permits submitted after February 1, 1990 and which generate
more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic Performance
Standards Ordinance, unless exempt from that ordinance,
Please be advised, however, that the following applications will be exempt from the Concurrency
Management Ordinance, pending final approval of this ordinance by the City Commission:
- Applications for the development of property which was platted on or after January 13, 1978 and either
the final plat or the preliminary plat and Palm Beach County Health Department permit applications
were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the
general use which was intended for the property at the time of platting.
- Applications for the development of property which was platted prior to January 13, 1978, the area of
the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net
vehicle trips per day.
- Applications for building permit, if a site plan or conditional use was submitted prior to June 1, 1990
and subsequently approved, and the site plan or conditional use has not expired.
.,
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 13
- 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
Health Department permits for utilities have been submitted prior to June 1, 1990.
- Applications for revisions to previously approved development orders or permits, which do not
increase the demand for any public facility.
Please be advised that these exemption rules are tentative and will be subject to final approval by the
City Commission.
If you have any questions concerning the proposed Boynton Beach Concurrency Management
Ordinance, please contact the Boynton Beach Planning Division at (561) 375-6260.
J:ISHRDATAIPlanningIHudsonICOMP PLAN PROCESSINEW LUAR APPLlCATION.doc
Revised 10/15/1998
~ ~
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 14
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 after August 1, 1985 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
(~'-'Gee & Jenson
"">.q_~JfI' .... ~
C'ekbmtin;; 50 rem} of Design E\wl/ence
JUSTIFICATION STATEMENT
FOR
KRISPY KREME
BOYNTON BEACH BOULEVARD
8/20/01
Dynamic Donuts of Boynton Beach, Inc, is submitting a Land Use Amendment and
Rezoning application to change a Residential parcel zoned R2 to a Commercial parcel
zoned C2, The ,26 acre parcel is located outside of the Community Redevelopment Area,
approximately 600 feet west ofInterstate 95 on the south side of Boynton Beach
Boulevard across from West Industrial Avenue, If approved the site will be included in a
Conditional Use submittal for an existing vacant 34,000i: square foot C2 zoned lot to the
west, and will be utilized as a parking lot area for a proposed fast food restaurant with a
drive-thru.
The site is currently developed as the western most residential lot in a line of six duplex
lots between Interstate 95 and the vacant 34,000 square foot lot. The applicant is
interested in obtaining this small lot to increase the useable area of the vacant C2 zoned
lot to Ii: acre, The addition of the this site and it's location across from W, Industrial
Ave, will allow the proposed fast food restaurant development to be more traffic
efficient. If approved the ,26 acre site will become a portion of the commercial node
extending from just north of SW, 8th Street to 1-95, on the north and south sides of
Boynton Beach Boulevard,
One Harvard Circle, West Palm Beach, FL 33409,1923 T(56I) 515,6500 F(561) 515,6502
ENGINEERING IEB 0002934 ARCHITECTURE IAA C000656 LANDSCAPE ARCHI TECTUREtLC CDOOO50LAND SURVEYING ILB0002934 INTERIOA DESIGN/IBQOO1020
DYNAMI' .I0UGHNUTS OF BOYNTOl'f :':ACH, INC.
4225 Genesee Street
Buffil1o, New York 14225
(716) 634-2121 '.-
Fax (716) 634-6059
AGENT CONSENT FORM
've1v ~/L.
STATE Of fl81\IBA
COUNTY OF PAlLM .If, ell ~
----._...------.~
BEFOREMETH!S DAYPERSONALLV APPEARED :JlffrJ1~ If, ceifc..0U7.J(.(),~/~dF
WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: .-D7'~ Ie Cl/utr;~~ ~~~
tAl1"J1.IOt!l) <=JCi I ~
1. He/she is the\oQwner of the nlal proper1y legally deecrlbed in the applic '3tio"! ilIA- P/.UC~tf
Ax,D SA-!$ AG~t:x:r DRfe'.O ~ I'-(Zoo/,
2. He/she duly authorizes and designates Sl:ctt Barbo, (Gee & Jenso:u to act
In hisltter behalf for the purposes of the real property legally desc:riblld in this
application
3. He/she has examined the foregoing appllcation and he/she unders1a ,ds how
the proposed change may aff,ct the real properly legally describe:! in this
application
FURTHER AFFIANT SAYEiH NOT,
The foragoin..9~nstrumenl was acknowledged before me this /3 day of
AuW5 L. 200, by J7f)o.1~3";If c...r-r(.uI (name of Illdividual
Acknowledging) who is known to me or has produced - ~,.t,.../
. n) as identiflcation and who did (did not) take an oath,
tf ~ --......~/W'/~
ne~s Signalu@. . .d-., _.r' Au. _. .4~,",
~/C ~~7f a- ,~/-c,(""-"",,,.c/-r
81: J~,m;~ A C<lj'e!l<4~ j/;eF5, ,J;..
Owner's Name (Printed)
CHRISTOPHER J, D'ANGELO
Notary Public. State of Ne;;:;? "'Z--)
Qualifiad in Ene Cou
N.Y, Commission Expires Ot,./
L/z:z.,.s c;,e;v~ S'T.
Owner's Address
~F~ q' JI!ZZ-.5
City, Stale, ZIp Cod
?((P. C. 3cj~ 2(2-)
Telephone
(Notary Seal)
Serial Number
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
(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 I s agent shall issue
Policy.
3
(c) Within fifteen (lS) 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 Daten); but in no
event shall Closing take place any later than March 18, 2002,
unless mutually agreed to in writing between Purchaser and Seller,
6. Prorations and the Adjustments.
(a) Municipal improvement liens or other assessments where
the work has been completed or has physically commenced as of
Closing (certified liens), shall be paid by Seller at Closing.
Municipal improvement liens or other assessments which have
been authorized but where the work has not commenced as of
Closing (pending liens) shall be assumed by Purchaser.
(b) As of midnight on the day before the Closing Date:
Real and personal property taxes (which include all recurring
assessments and levies by governmental authorities or special
districts) will be prorated on the basis of the current year's
taxes. If Closing occurs before the amount of current taxes
has been determined then those taxes will be apportioned upon
............t.lle. ..pasis of the t.axes for _t.he__IIlQat_.recent calendar year
available, and a tax re-proration agreement will be
incorporated into the Closing Statement.
If any expenses are not known, then such expenses will be
estimated and, once the amounts are known, either party may request
an adjustment. If neither party requests an adjustment within
thirty (30) days after the Closing Date, then the prorations made
5
at the Closing will be final.
7. Closing Procedure and Documents.
(a) At the Closing, and simultaneously with
the payment of the Purchase Price to Seller, Seller must deliver,
or cause to be delivered to Purchaser, the following items:
(i) a Special Warranty Deed (the "Deed") conveying
fee simple title to the Property, subject to the
Permitted Encumbrances and the matters referred to
on the Corrmitment, which is acceptable to Purchaser;
(ii) a FIRPTA affidavit;
(iii) an affidavit in the form required by the
title company, to delete the standard printed
exception relating to the "gap" and to remove the
standard printed exceptions for construction liens;
and
(iv) an endorsement to the Commitment deleting
the "gap" exception, the exceptions for construction
liens and rights of parties in possession, the
survey exception (if a current survey is provided)
(except to the extent such survey matters constitute
Permitted Exceptions) and the Schedule B-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
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") wi th respect to the Property; such report shall be
certified to the Seller. Purchaser and its representatives
must take reasonable precautions so that any inspections of
the Property incident to the Environmental Report cause no
damage to the Property. Any entry made on the Property by
Purchaser or its representatives must be upon reasonable
notice to Seller and at reasonable times and at the sole risk
of Purchaser. Purchaser shall indemnify and hold Seller
harmless from losses, claims, liabilities, actions, demands,
costs, and expenses, including reasonable attorney and
paralegal fees and expenses, arising from or in connection
with any such Environmental Report, including any entry upon
8
the Property by agents or contractors of Purchaser or their
sub-agents or sub-contractors. Purchaser must pay for the
Environmental Report performed on or in connection with the
Property and must not permit the creation of any lien in favor
of any party.
(b) Purchaser's indemnity obligations under this Section
will survive the Closing or the termination of this Agreement.
The Deposit will serve as a guaranty of Purchaser's indemnity
and undertakings under this Section 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. Condi tioD Precedent: The Purchaser's Purchase of the
Subject Property shall be expressly conditioned upon its receipt of
an approval for a change of zoning of the Subject Property from R2
(Multi-family) to C-2 (Neighborhood commercial) from all required
local and state governmental authorities ("Zoning Change") along
with its receipt of all' necessary approvals (city and state) which
shall allow for the Purchaser's construction and operation of a
fast food restaurant of approximately 4500 square feet consisting
of a drive thru which are satisfactory to allow the operation of a
franchised restaurant as selected by Purchaser ("Approvals").
Purchaser shall be responsible for the cost and expense of
obtaining said Zoning Change and Approvals. Said Zoning Change and
Approvals required by Purchaser with regards to the Subject
Property shall be directly related to and in direct connection with
Purchaser's application regarding the adjacent property (-'Adjacent
Property") which Adjacent Property and Subject Property shall be
combined together and become the Purchaser's over-all application.
It is understood and agreed between the parties that said Zoning
Change and Approvals must be received on or before December 1,
10
2001. In the event Purchaser does not receive Zoning Change and
Approvals by this date as a result of delays caused beyond its
reasonable control, and provided that Purchaser has diligently
prosecuted such Zoning Changes and Approvals, it shall be provided
with up to an additional 60 days to receive such Zoning Change and
Approvals. Purchaser agrees to use its best efforts to diligently
Pursue said Zoning Change and Approvals and keep Seller advised as
to its progress. In the event that Purchaser fails to obtain
Zoning Change and Approvals on or before 12:00 AM, January 31,
2002, this Agreement shall terminate and the Purchaser shall
receive its Deposit back in full.
13. Purchase of Adjacent Property by Purchaser: Purchaser
represents that simultaneous with the execution of this Agreement,
it is entering into a Purchase and Sale Agreement with the Adjacent
Property owner (a copy of which is attached hereto as Exhibit c) to
purchase said Adjacent Property for the sum of $250,000.00. It is
the sole intention of the Purchaser to purchase and utilize the
Adjacent Property in connection with its proposed site plan and
development of the restaurant, and in order to meet certain
requirements related to the necessary Approvals to be obtained as a
condition of this Agreement. In the event Purchaser fails to
obtain Zoning Change or Approvals as contained herein and as a
result terminates this Agreement, upon written request by Seller,
Purchaser hereby agrees to assign the Adjacent Property Agreement,
to the extent that such Adjacent Property Agreement is assignable,
to Seller at no additional cost. In the event of assignment
II
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
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
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. E7hihits. All of the exhibits attached hereto are
incorporated herein by reference and form part of this Agreement
for all purposes. For convenient reference, the following list
briefly describes the exhibits to this Agreement:
Exhibit "A" - Legal Description
Exhibit "B" - Permitted Exceptions
Exhibit "C"- Adjacent Property Agreement
26. Assignability; Binding Effect. Provided that Purchaser
remains liable to Seller according to the terms of this Agreement,
Purchaser may assign its rights pursuant to this Agreement. This
Agreement will inure to the benefit of and be binding upon the
parties hereto and their respective heirs, personal
representatives, successors and assigns.
27, Attorneys' Fees. In the event of any litigation arising
out of or connected in any manner with this Agreement, the
nonprevailing party must pay the costs of the prevailing party,
including its reasonable attorney and paralegal fees and expenses
incurred in connection therewith through and including the costs of
any appeals and appellate costs relating thereto. This Section 27
16
will survive Closing or the termination of this Agreement,
28. Notices. All notices, offers, acceptances, rejections,
consents, requests and other communications under this Agreement
shall be in writing and will be deemed to have been given (i) when
delivered in person, or (ii) when sent by first class certified or
registered mail, postage prepaid, return receipt requested, or
(iii) on receipt, after being sent by u.s. Express Mail or a
reputable delivery service guaranteeing overnight delivery. All
notices must be addressed as follows unless the person has given
notice of a new address:
If to Purchaser: Dynamic Doughnuts Florida Realty, Inc.
4225 Genesee Street
Buffalo, New York 14225
Att; Christopher J. D'Angelo, Vice President
With copy to: Dynamic Doughnuts Florida Realty, Inc.
2499 Glades Road, Suite 106
Boca Raton, FL 33431
Att: James A. Cosentino; President
With an additional
copy to: Martin B. Farber, Esq.
5820 Main Street
Williamsville, New York 14221
If to Seller: August and Joseph Vultaggio
1501 N.W. 2M Avenue
Boca Raton, Florida 33432
With copy to: Jeffrey A, Levine, P.A.
900 North Federal Highway
Boca Raton, Florida 33432
If to Escrow Agent: Sussman Realty, Inc.
1499 West Palmetto Park Road
Suite 314
Boca Raton, Florida 33486
29. Waiver of Strict Construction against Drafting Party. If
17
any provision of this Agreement is subject to judicial
interpretation, the court interpreting or considering such
provision may not apply the presumption or rule of construction
that the terms of this Agreement be 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 performance of any term, provision or
condition of this Agreement, all of the days in such period of time
must be calculated consecutively without regard to whether any of
the days falling in such period of time is a Saturday, Sunday or
other non-business day; provided, however, that if the last day of
any such time period falls on a Saturday, Sunday or other
non-business day, then the last day will be extended to the next
succeeding business day. The term "business day" as used in this
Agreement shall mean Monday through Friday, excluding holidays when
the Federal Reserve System is closed.
34. Contract Not an Offer. This Agreement will not be binding
on Seller or Purchaser nor will Seller have any obligation to
Purchaser unless and until Seller executes a copy of this agreement
and thereafter unconditionally delivers it to Purchaser on or
before July 10, 2001 - 5 p.m.
,
35. Radon Gas Notification. In accordance with the
requirements of Section 404.056(8), Florida Statutes the following
notice is hereby given:
RADON GAS: Radon is a naturally occurring radioactive gas
that, when it is accumulated in a building in sufficient
19
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
OMITIED.
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.
o ~;:?"",-
)
,
20
Witnesses:
SELLER:
S ELl-e.r<.:
~;1/f uil-~~~
OSEPH TACXnO tl~ ~
Date of Execution
by Seller !7-/..l--ZJ/
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 A-9.
Agent 7--yrtJ /
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/
rpJ)~ gf> 1J~~eJP/
PIETRA LoPICCOLO
Dated:
o )..00
J
P,\WPSO\Vultaggio\Confirm-K.wpd
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made
this ~ day of July, 2001, by and between Salvador H. Sentmanat
and Norma T. Sentmanat, ("Seller"), residing at 633 N,W, 1st Avenue,
Boynton Beach, Florida 33426, 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, subject to the
provisions of Section 39 (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 Two
Hundred Fifty Thousand U.S, Dollars ($250,000,00), subject to the
adjustments and prorations specified below, The Purchase Price will
be paid as follows:
(1) On the "Effective Date" of this Agreement
(defined below) Purchaser shall pay to Sussman Realty,
lnc, ("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:
2
(i) ordinances and other requirements of any
applicable governmental authority;
(ii) the lien of taxes and assessments for the
calendar year of the Closing and all subsequent
years;
restrictions and matters appearing on the plat
of the Property or otherwise common to the
subdivision of which the Property is a part;
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
(iii)
(iv)
(vi)
(vii)
Purchaser;
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
3
Policy,
(c) Within fifteen (15) days after the Effective Date,
Seller shall provide the Purchaser with the copy of the latest
survey of the Property which it possesses, If it requires an
updated survey, Purchaser may have the Property surveyed and
certified by a registered Florida surveyor at its 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
4
closing of the purchase and sale of the Property (" Closing") will
take place at a place in Palm Beach County, Florida, at a place
designated by Seller, the later of December 1, 2001, or 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.
(a) Municipal improvement liens or other assessments where
the work has been completed or has physically commenced as of
Closing (certified liens), shall be paid by Seller at Closing,
Municipal improvement liens or other assessments which have
been authorized but where the work has not commenced as of
Closing (pending liens) shall be assumed by Purchaser.
(b) As of midnight on the day before the Closing Date:
Real and personal property taxes (which include all recurring
assessments and levies by governmental authorities or special
districts) will be prorated on the basis of the current year's
taxes, If Closing occurs before the amount of current taxes
has been determined then those taxes will be apportioned upon
the basis of the taxes for the most recent calendar year
available, and a tax re-proration agreement will be
incorporated into the Closing Statement,
If any expenses are not known, then such expenses will be
estimated and, once the amounts are known, either party may request
an adjustment, If neither party requests an adjustment within
5
thirty (30) days after the Closing Date, then the prorations made
at the Closing will be final,
7, Closing Procedure and Documents.
(a) At the Closing, and simultaneously with
the payment of the Purchase Price to Seller, Seller must deliver,
or cause to be delivered to Purchaser, the following items:
(i) a Special Warranty Deed (the "Deed") conveying
fee simple title to the Property, subj ect to the
Permitted Encumbrances and the matters referred to
on the Commitment, which is acceptable to Purchaser;
(ii) a FIRPTA affidavit;
(iii) an affidavit in the form required by the
title company, to delete the standard printed
exception relating to the "gap" and to remove the
standard printed exceptions for construction liens;
and
(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 [-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
6
accordance with Section 3,
(c) At Closing, Seller and Purchaser must execute and
deliver to each other a Closing Statement in customary form,
and, if necessary, a tax re-proration agreement.
(d) At Closing, Seller will terminate any contracts it
may have entered into providing for continuing services to the
Property,
8, Closing Expenses. Seller shall bear the expenses for
state documentary stamps required to be affixed to the Deed. Seller
will bear all costs relating to the Commitment and the owner's
title policy to be issued in accordance with the Commitment, The
cost of recording the Deed, the Survey (if prepared) and all of the
expenses and fees in connection with any mortgage or financing
obtained by Purchaser in connection with the Property, will be
borne by Purchaser. Each party will bear the expense of its legal
counsel,
9. Broker. The Seller and Purchaser represent that the only
broker involved with this transaction is Sussman Realty, Inc" 1499
West Palmetto Park Road, Boca Raton, Florida 33486, Broker will be
entitled to receive a commission from Seller if, as, and when the
transaction closes pursuant to a separate agreement 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
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
8
the Property by agents or contractors of Purchaser or their
sub-agents or sub-contractors, Purchaser must pay for the
Environmental Report performed on or in connection with the
Property and must not permit the creation of any lien in favor
of any party,
(b) Purchaser's indemnity obligations under this Section
will survive the Closing or the termination of this Agreement,
The Deposit will serve as a guaranty of Purchaser's indemnity
and undertakings under this Section 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. Condition Precedent: The Purchaser's Purchase of the
Subject Property shall be expressly conditioned upon its receipt of
an approval for a change of zoning of the Subject Property from R2
(Multi-family) to C-2 (Neighborhood commercial) from all required
local and state governmental authorities ("Zoning Change") along
with its receipt of all necessary approvals (city and state) which
shall allow for the Purchaser's construction and operation of a
fast food restaurant of approximately 4500 'square feet consisting
of a drive thru which are satisfactory to allow the operation of a
franchised restaurant as selected by Purchaser ("Approvals"),
Purchaser shall be responsible for the cost and expense of
obtaining said Zoning Change and Approvals, Said Zoning Change and
Approvals required by Purchaser with regards to the Subject
Property shall be directly related to and in direct connection with
Purchaser's application regarding the adjacent property ("Adjacent
Property") which Adjacent Property and Subject Property shall be
combined together and become the Purchaser's over-all application.
It is understood and agreed between the parties that said Zoning
Change and Approvals must be received on or before December 1,
10
2001, In the event Purchaser does not receive Zoning Change and
Approvals by this date as a result of delays caused beyond its
reasonable control, and provided that Purchaser has diligently
prosecuted such Zoning Changes and Approvals, it shall be provided
with up to an additional 60 days to receive such Zoning Change and
Approvals, Purchaser agrees to use its best efforts to diligently
Pursue said Zoning Change and Approvals and keep Seller advised as
to its progress, In the event that Purchaser fails to obtain
Zoning Change and Approvals on or before 12:00 AM, January 31,
2002, this Agreement shall terminate and the Purchaser shall
receive its Deposit back in full,
13. Purchase of Adjacent Property by Purchaser: Purchaser
represents that simultaneous with the execution of this Agreement,
it is entering into a Purchase and Sale Agreement with the Adjacent
Property owner to purchase said Adjacent Property, It is the sole
intention of the Purchaser to purchase and utilize the Adjacent
Property in connection with its proposed site plan and 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,
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.
11
15, Condition of Property:
Except as specifically set
forth in this Agreement, Seller makes no representations or
warrant ies expressed or impl ied, wi th respect to the qual i ty,
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 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
12
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
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
13
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,
(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
14
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
be a continuing or future waiver,
24, Captions and Section Headings. Captions and Section
headings contained in this Agreement are for convenience and
reference only and in no way define, describe, extend, or limit the
scope or intent of this Agreement, nor the intent of any provision
thereof,
25, Exhibits. All of the exhibits attached hereto are
incorporated herein by reference and form part of this Agreement
for all purposes, For convenient reference, the following list
briefly describes the exhibits to this Agreement:
Exhibit "A" - Legal Description
15
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
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
16
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: Salvador H, Sentmanat and Norma T, Sentmanat
633 N.W. 1st Avenue
Boynton Beach, Florida 33426
With copy to: Jeffrey A, Levine, P.A.
900 North Federal Highway
Boca Raton, Florida 33432
If to Escrow Agent: Sussman Realty, Inc.
1499 West Palmetto Park Road
Suite 314
Boca Raton, Florida 33486
29, Waiver of Strict Construction against Drafting Party. If
any provision of
this Agreement
is
subj ect 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 I in any provision deemed unsuitable or inadequate as
initially written; and, therefore, the application of such
presumption or rule of construction would be inappropriate and
17
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
any third parties any rights whatsoever as third-party
beneficiaries, the parties hereto intending by the provisions
hereof to confer no such benefits or status,
18
33, Calculation of T~e Periods. Unless specifically provided
otherwise, whenever this Agreement calls for or contemplates a
period of time for the performance of any term, provision or
condition of this Agreement, all of the days in such period of time
must be calculated consecutively without regard to whether any of
the days falling in such period of time is a Saturday, Sunday or
other non-business day; provided, however, that if the last day of
any such time period falls on a Saturday, Sunday or other
non-business day, then the last day will be extended to the next
succeeding business day, The term "business day" as used in this
Agreement shall mean Monday through Friday, excluding holidays when
the Federal Reserve System is closed,
34, Contract Not an Offer. This Agreement will not be binding
on Seller or Purchaser nor will Seller have any obligation to
Purchaser unless and until Seller executes a copy of this agreement
and thereafter unconditionally delivers it to Purchaser on or
before July 10, 2001 - 5 p,m,
35, Radon Gas Notification. In accordance with the
requirements of Section 404.056(8), Florida Statutes the following
notice is hereby given:
RADON GAS: Radon is a naturally occurring radioactive gas
that, when it is accumulated in a building in sufficient
quantities, may present health risks to persons who are
exposed to it over t~e. Levels of radon that exceed
federal and state guidelines have been found in buildings
19
in Florida. Additional information regarding radon and
radon testing may be obtained from your local County
Public Health Center.
36, Efficiency Rating. THIS SECTION HAS BEEN INTENTIONALLY
OMITTED,
37, Confidentiality. THIS SECTION HAS BEEN INTENTIONALLY
OMITTED,
38, Signs. THIS SECTION HAS BEEN INTENTIONALLY OMITTED.
39, Removal of Existing Building. Purchaser and Seller agree
that Seller is granted the right, but does not have the obligation,
to remove the existing building from the Property at Seller I s
expense, In the event that Seller desires to remove the existing
building, Seller shall do so within seven (7) days after closing,
Seller shall be responsible for all costs and expenses of removing
the building and shall have full liability related to the removal
of the existing building, Seller shall obtain liability insurance
with limits of not less than $1,000,000.00 and name Purchaser as a
loss payee on such policy, for the period until the existing
building is moved,
20
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the dates set forth below,
PURCHASER
DOUGHNUTS FLORIDA REALTY, INC.
~
By:
SELLER
An-iZ/ /J ~i;;.JP~
~ALVADOR H, S~NTMANAT
~C~loJ LJ::;r/-1~Clt
N RMA T, SENTMANAT
Date of Execution
by Seller
The Escrow Agent named in this Agreement hereby acknowledges
receipt of a fully executed copy of this Agreement as of the date
set forth below, In addition, the Escrow Agreement agrees to hold
and disburse the Deposit in accordance with the terms of this
Agreement and with the General Conditions of Escrow Agent attached
hereto,
E ecution by Escrow Agent -:;J.ff-t!'J/
21
OWNER'S TITLE INSURANCE POLICY
Attorneys' Title Insurance Fund, Inc.
ORlANDO, FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN
SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called
The Fund, insures, as of Effective Date of policy shown in Schedule A. against loss or damage,
not exceeding the amount of insurance stated in Schedule A. and costs, attorneys' fees and
expenses which The Fund may become obligated to pay hereunder, sustained or incurred by
the insured by reason of:
1, Title to the estate or interest described in Schedule A being vested otherwise than as
stated therein;
\
2, Any defect in or lien or encumbrance on such title;
3, Lack of a right of access to and from the land; or
4, Unmarketability of such title,
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be
signed and sealed as of the date of policy shown in Schedule A, the policy to become valid
when countersigned by an authorized signatory,
......-"..;NSU'..'.,,,,
~" ,...."" .......ott;:"'Io'"
l'''o; .... .....~~~
!~.""(,.~{."."t\
i:: ..__ ":2;
,". SEAL PI
\~~. . .............". >!/
~""" ,l);0R10"...'.'.
..."..MII".....
Attorneys' Title Insurance Fund, Inc.
BY~~'
Charles J. Kovaleski
President
SERIAL
ISSUED BY
OPM. 187983
JAMES J. KlRAN
'-..
Fl.NO FORM OPM/~
FUND OWNER'S FORM
Policy or
Guarantee No,: OPM-187983 Effective Date: J~ 4, 1988
at 3,49 p.m.
SCHEDULE A
M.mber's File Reference: YOST/SENnWlAT
Amount of Insurance: S 97,500.00
I. Name of Insured:
SALVAOOR H, SEN'1MANAT and IDRMA, T. SEN'lMANAT, his wife
2, The estate or interest in the land described herein and which is covered by Ihis policy or guarantee is a fee simple (if
other, specify same> and is at Ihe effective date hereof vesled in the named insured as shown by instrumenl recorded in
Official Records Book 5534 . Page 1373 , of Ihe Public Records
of Palm Beach Counly. Florida.
3, The land referred to in this policy or guarantee is described as foUows:
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, U\KE BOYNl'CN
ESTAmS PLAT 1, recorded in Plat Book 13, Page 32,
Public Records of Palm Beach Cotmty, Florida.
ISSUED BY
JAMES J. M>RAN
(Attorney or Firm of Attorneys)
6790
MEMBER NO,
, Flo,..., 33435
fZip)
630 F...."t Ocean Ave.. P.O. Dr_r 10
(Miiling Address)
FUND Fotm OG/OP/0PM-SCH A (Rev 1177) (811518" 80M)
. ,. '"'-' ".
SCHEDULE B
,Policy or Guarantee No.: OPM-187983
This policy or guarantee does not insure against loss 01 damage by reason of the following exceptions_.
1. Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments which are not shown as
existing liens by the public records.
2. Rights or claims of parties in possession not shown by the public records.
3, Encroachments, overlaps, boundary line disputes, and any other mailers which would be disclosed by an accurare survey
and inspection of the premises.
4. Easements or claims of easements not shown by the public records.
S. Any lien. or right to a lien, for services, labor. or material heretofore or hereafter furnished, imposed by law and not
shown by the public records,
6, Easements, set-back lines and other matters shown on the Plat of Lake
Boynton Estates Plat 1, recorded in Plat Book 13, Page 32, Public Records
of Palm Beach County, Florida.
7. Reservations of the Trustees of the Internal Inprovement Fund of the
State of Florida as set forth in inst:r\JlIalts recorded in Deed Book 814,
Page 49, and Deed Book 765, Page 194, Public Records of Palm Beach County,
Florida.
8. MJrtgage bearing date the 1st day of May. 1987 I from ROBERT L. YOST I a
nmri.ed man, to MARK J, BRIssrn, securing promissory note in the original
principal aIIDUllt of $74,000.00, filed on May 5, 1987, and recorded in
Official Record Book 5267, Page 329, Public Records of Palm Beach County I
Florida.
9. Purchase MJney Second MJrtgage fran SALVAOOR H. SENIMANAT and ~ T.
SENIMANAT, his wife, to ROBERT L. YOST, securing prcmissory note in the
original principalaIlDUllt of $20,000.00 dated Decenber13, 1987 and
recorded January 4, 1988, in Official Record Book 5534, Page 1374,
Public Records of Palm Beach County, Florida.
10,
Any nen provided bY Ch. 159,
Fla, Slat. In favor of any mu-
nicipality or authortty for un-
oald charges for servtee. by
any water, sewer or gas sys.
tem to the land described
herein.
FUND Form OG/oP/OPM-SCH. B (R..... II") (5/85 DSt 5OM.)
Conditions and Stipulations
1. Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses The Fund may have had
against the named insured, those who succeed to the interest
of such insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage
hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by
reason of any public records.
(d) '1and": the land described, specifically or by reference in
Schedule A, and improvements affixed thereto which by law
constitute real property; provided, however, the term '1and"
does not include any property beyond the lines of the area
specifically described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed oftrust, tnIst deed, or other
security instrument.
(0 "public records": those records which by law impart
constructive notice of matters relating to said land.
2. Continuation of Insurance After Conveyance of Title
The coverage of this policy shall continue in force as of
Effective Date of policy in favor of an insured so long as
such insured retains an estate or interest in the land, or holds
an indebtedness secured by a purchase money mortgage
given by a purchaser from such insured, or so long as such
insured shall have liability by reason of covenants of warranty
made by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such insured
of either said estate or interest or the indebtedness secured by
a purchase money mortgage given to such insured,
3, Defense and Prosecution of Actions - Notice of Claim
To Be Given by an Insured Claimant
(a) The Fund, at its own cost and without undue delay, shall
provide for the defense of an insured in all litigation consisting
of actions or proceedings commenced against such insured, or
a defense interposed against an insured in an action to enforce
a contract for a sale of the estate or interest in said land, to the
extent that such litigation is founded upon an alleged defect,
lien, encumbrance, or other matter insured against by this
policy.
(b) The insured shall notify The Fund promptly in writing
(i) in case any action or proceeding is begun or defense is
interposed as set forth in (a) above, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest as insured,
and which might cause loss or damage for which The Fund
may be liable by virtue of this policy, or (iii) if title to the estate
or interest, as insured, is rejected as unmarketable, If such
prompt notice shall not be given to The Fund, then as to such
insured all liability of The Fund shall cease and terminate in
regard to the matter or matters for which such prompt notice
is required; provided, however, that failure to notify shall in
no case prejudice the rights of any such insured under this
policy unless The Fund shall be prejudiced by such failure and
then only to the extent of such prejudice.
(c) The Fund shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding
or to do any other act which in its opinion may be necessary or
desirable to establish the title to the estate or interest as
insured, and The Fund may take any appropriate action
under the terms ofthis policy, whether or not it shall be liable
thereunder, and shall not thereby concede liability or waive
any provision of this policy.
(d) Whenever The Fund shall have brought any action or
interposed a defense as required or permitted by the
provisions of this policy, The Fund may pursue any such
litigation to final determination by a court ofcompelent juris-
diction and expressly reserves the right in its sole discretion.
to appeal from any adverse judgment or order.
(e) In all cases where this policy permits or requires The
Fund to prosecute or provide for the defense of any action or
proceeding, the insured hereunder shall secure to The Fund
the right to so prosecute or provide defense in such action or
proceeding, and all appeals therein, and permit The Fund to
use, at its option. the name of such insured for such purpose,
Whenever requested by The Fund, such insured shall give
The Fund all reasonable aid in any such action or proceeding,
in effecting settlement, securing evidence, obtaining wit-
nesses, or prosecuting or defending such action or proceeding,
and The Fund shall reimburse such insured for any expense
so incurred.
4, Notice of Loss - Umiution of Action
In addition to the notices required under paragraph 3 (b) of
these Conditions and Stipulations, a statement in writing of
any loss or damage for which it is claimed The Fund is liable
under this policy shall be furnished to The Fund within 90
days after such loss or damage shall have been determined
and no right of action shall accrue to an insured claimant until
30 days after such statement shall have been furnished. Fail-
ure to furnish such statement of loss or damage shall
terminate any liability of The Fund under this policy as to
such loss or damage.
5, Options To Payor Otherwise Settle Claims
The Fund shall have the option to payor otherwise settle
for or in the name of an insured claimant any claim insured
against orto terminate all liability and obligations of The Fund
hereunder by paying or tendering payment of the amount of
insurance under this policy together with any costs,
attorneys' fees and expenses incurred up to the time of such
payment or tender of payment, by the insured claimant and
authorized by The Fund,
6, Determination and Payment of Loss
(a) The liability of The Fund under this policy shall in no
case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A,
(b) The Fund will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in
litigation carried on by The Fund for such insured, and all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the written authorization of The Fund,
(c) When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall
be payable within 30 days thereafter,
7, Umiution of liability
No claim shall arise or be maintainable under this policy
(a) if The Fund, after having received notice of an alleged
defect, lien or encumbrance insured against hereunder, by
litigation or otherwise, removes such defect, lien or eneum.
brance or establishes the title, as insured, within a reasonable
time after receipt of such notice; (b) in the event of litigation
until there has been a final determination by a court of compe-
tent jurisdiction. and disposition of all appeals therefrom.
adverse to the title, as insured, as provided in paragraph 3
hereot or (c) for liability voluntarily assumed by an insured in
settling any claim or suit without prior written consent
of The Fund,
CONDmONS AND STIPULATIONS (continued on reverse sidel
CONDmONS AND STIPULATIONS (continued)
8, Reduction of Liability
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto. No payment shall be made
,.,thout producing this policy for endorsement of such
payment unless the policy be lost or destroyed, in which
case proof of such loss or destruction shall be furnished to the
satisfaction of The Fund,
9, Liability Noncumulative
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount The
Fund may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which is a
lien on the estate or interest covered by this policy or (b) a
mortgage hereafter executed by an insured which is a charge
or lien on the estate or interest described or referred to in
Schedule A. and the amount so paid shall be deemed a pay-
ment under this policy. The Fund shall have the option to
apply to the payment of any such mortgages any amount that
otherwise would be payable hereunder to the insured owner
of the estate or interest covered by this policy and the
amount so paid shall be deemed a payment under this policy
to said insured owner.
10, Apportionment
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is
established affecting one or more of said pareels but not all,
the loss shall be computed and settled on a pro rata basis as if
the amount of insurance under this policy was divided
pro rata as to the value on Effective Date of policy of each
separate pareelto the whole, exclusive of any improvements
made subsequent to Effective Date of policy, unless a
liability or value has otherwise been agreed upon as to each
such parcel by The Fund and the insured at the time of the
issuance of this policy and shown by an express state-
ment herein or by an endorsement attached hereto.
11, Subrogation Upon Payment or Settlement
Whenever The Fund shall have settled a claim under this
policy, all right of subrogation shall vest in The Fund
unaffected by any act of the insured claimant. The Fund shall
be subrogated to and be entitled to all rights and remedies
which such insured claimant would have had against any
person or property in respect to such claim had this policy
not been issued, and if requested by The Fund, such insured
claimant shall transfer to The Fund all rights and remedies
against any person or property necessary in order to perfect
such right of subrogation and shall permit The Fund to use
the name of such insured claimant in any transaction or
litigation involving such rights or remedies. If the payment
does not cover the Joss of such insured claimant, The Fund
shall be subrogated to such rights and remedies in thepropor-
tion which said payment bears to the amount of said loss, If
loss should result from any act of such insured claimant, such
act shall not void this policy, but The Fund, in that event,
shall be required to pay only that part of any losses insured
against hereunder which shall exceed the amount, if any, lost
to The Fund by reason of the impairment of the right of
subrogation,
12. Liability limited to This Policy
This instrument together with all endorsements and other
instruments, if any, attached hereto by The Fund is the entire
policy and contract between the insured and The Fund,
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to the
estate or interest covered hereby arany action asserting such
claim, shall be restricted to the provisions and conditions and
stipulations of this policy,
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, or agent of
The Fund,
13, Notices, Where Sent
All notices required to be given The Fund and any state-
ment in writing required to be furnished The Fund shall be
addressed to its principal office at 32 West Gore Street, Post
Office Box 2671, Orlando, Florida 32802.
About your policy, , ,
This policy provides valuable title protection. You should keep Jt In a safe place 'vVhere it will be readily available for future
reference. There is no recurring premium.
~
....
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~
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IU, \"IM.IVb\l Hn.VU<.._....... -''''''V'^' ..,,~tlll.JI.NJ
~ ~J~ES J. MORAN, ESQ.
". REED, GRIFFITH & MOR
POST OFFICE DRAWER lu
BOYNTON BEACH, FL 33425
"'DHD ,DIlM
"AMCO "O"JoII ,,~.
slrumenl Prepared by:
JAMES J. MORAN ,
REED, GRIFFITH & MORAN
POST OFFICE DRAWER 10
BOYNTON BEACH, FL 33425
I
j
;
I
i
J
r Appralserl Parcel Identlllclllon (Folio) Humber(I):
SPACE "lOVE THlllINE fM RlCOROING DATA
litis mortgage Iced
Execul(!(l,/lll thirtieth
Jay o{ December,
A. D. 1987, Ly
SALVADOR H, SENT~\NAT and NORMA T. SENTMANAT, his wife,
Ilerelnaller called die marloaO'or, 10
ROBERT L. YOST
'ler(lhlCl!'er callo,l"lo mor'{I"oe.:
IWhtr~"' uwd '""hl ..... 'UIM """ol".r" ...01 .........11.,"''' hu,lu.... all Ih. pulia '0 d... I........... alld I'" Mln,
1:i~d::':,i"a:~.'~:~. a':ci:.dL:o~d'it :"':~h.:n:.:~. ...~c...... .nd ..111.' 01 -.-11_1 .... 'M Ie,. "oole'
ltIltlltsstlh, dud for gooJ and 1I0luobl. cons,d.ralfoUl, ancl 01.0 In con.,eI.ralfon of ,h. aggr.,
gale Slim name(1 in Ihe promb.ory nol. of .lIen dale 11.,.wlll.. I..r.'naf'.r d..crib.d, .1.. mortgagor "ere.
b)! grolll., borflolll', ..II.. oli.n., r.mlse., conlley' and conf'rnl' U"'O ,h. mor'90g.. 011 ,h. certa'n lonel
of whlcl, tll. morlgagor I. now ..luJ onJ in po',esslon .IIua'.'n Palm Beach Counl"
Florida, vb:
The easterly 10 feet of Lot 10, ~ll 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.
TIllS IS A PURCHASE MONEY SECOND MORTGAGE, subject and inferior
to that certain first mortgage encumbering the above-described
propert~ dated May 1, 1987, held by MARK J. BRISSON, filed on
May 5, 1967, and recorded in Official Record Book 5267, Page
329, Public Records of Palm Beach County, Florida.
Mortgagors covenant and agree to promptly pay when
due all payments as they accrue upon the above-
described first mortgage and, in the event of default
occurring under the terms of said mortgage, then in
such event, l-'lortgagee may declare the whole of the
indebtedness hereby secured inunediately due and
payable.
THIS MORTGAGE AND TilE NOTE SECURED HEREBY
ARE NOT ASSUMABLE. Mortgagors covenant and
agree that if the real property encumbered
hereby is sold, conveyed, transferred,
encumbered or otherwise hypothecated, that
this mortgage and the note which it secures
shalllimmediately become due and payable in
full.
:/-
L
on" sholl p...rJorn., ("omply will, onrl ablel. Ly egd, onel el'er)' ".e agr.emenl., "'pulaUon" condlUon. and
("Ollennnls "u/reoT. culll of tI." morlgoJJl'. rlurn "1" marlnoge and ,1.. ."0'. 1..,..,1., creo'wl. .1.011 ceo.., de.
h-rml". oml b. null arulllold.
Ilnd ,I". morlllnDor. 111:0""")1 (urI11('" 1"01'('110111, and onr... 10 pO)l promprl, wit..,. Jue ,h. principal and
'"lelr..., Gild 01111'" 11Im. of mont')' woul"..,1 for In .olcl nole onel ,,,,, morlgage, or e"'18r; 10 PQ)' all and
.l""!I'Qr ""? IOXl'I, out'um..n", '('I"t'I. lial,lfw..,. 0""0011011', onf' encumbrance. of every nafure on .ald pro.
p...,')'; In "t'rAdl, ('"lImmlf or 1I111er 110 was'., hnl'ofrmC'1I1 or clelerlorollon 0/ .old lanJ or II,e '",prolt.me,."
111(',..on tel nil)' 11,"1': 10 .I'I'P ,116, 11I/11,lillo' now or '''lr('ol'", on .old land fully 'n..",1I1 In 0 .urn of no' I...
1110n full insurable value
In 0 company or compo'll". accel,labl,l '0 iliff rnorlgogu, 11.0 polley or pollel.. fa L. ~.Id Ly, and po)'aLI.
10. .alel mor'gaup.o, and in II" even' on)' .urn of monO'y Lecome. po)'oLl. Ly "',Iu. of .uel. In.uronc. fl..
mO"gagae ./10111.011. ,llfl r'9/11 '0 ,ocell... Olld apply ,1.. .am. 10 fl.. fnd.L,.dn.1I h....Ly ..cured, accounting
10 ,I." morlgaonr for nny ,",,,Iu.; 10 po)' all ('0.11, el.arge., and upen..., Includlnp lawye'-. f... and mi.
Unrcllf'l. r"osono"'>, Incutred 0' paid Ly 1/1f! morlgage. b.callle 0/11.. /allur. 0/ ,1.. mo"g090r '0 prompd)'
ondlully com,lly w.,'1 ,1111 a",pamenll, sllp1l1oflon., condillon. and cOII.nanf. of .ald nof. and ,1.1. morlgag.,
or eif/ll"; 10 pf'r/o"n, comlll)' will. nnd oL'de Ly eac./1 anll ..,ety tlu, oO'..menll, .UpulaUon.. condWonr and
cOl'ellclflb rei lorl11 In raid no I. orul ,Ill. rrw"gag. or elll..r. 'n "I. .v.nl dl. mo"gaoor folf. '0 po)' when
due flny 'ox, OUfI""If>n'. in'"rance pr"mhlm or o,11f1t lum 0/ mllfl(ly poyoLl. Ly vlr'u. of .old no'. ana ,I...
morlgogtt, 0' pil/lpr, Ihe morlgagee may f'OY file Inme, wllllou' wolt/lng or a/ff/cllng .1.. opllon fo foredo.e
or CUI)' o".or rl"/.1 'l(,rl'lI",/er, orul all '"1'1. pnynumfr "1011 L"or Inler." from dol. ,I..,..of III II.. 1.10'1..., low.
ful ra'o "'(III allowed I..y ,1,. IlIw, of ,I" Sta'e o( Florida,
It any ,um of mOil v)' I."reln r.f"tted to II. nof promp,l)' paid wUhlnfifteen(15Jo,.. nex' af'er
"u, ,ome "rcome. ellie, or tf each 0011 "l'"ry ,lie agr.enl.n", "'pulollon,. conalllon. and covenan" of ,aiel
nole 011,1 "I" morlgage. or elll."r. are 110' (ull,. performed. complllld wffh .ona aLld.d Ly, II..n ,I.. .nU,.
.um mel1lloneclln ,alclnolll, and .11" nlOrlgofle, or fh. enUre balanc. unpaid ,h.",on, .1.011 forll.wul. or
,hvreatler. 01 Ih. opllnn 01 fhe mor'gooe.. ')(I('om. anel Le elue ana poyaLI., anylh'ng in ,old no'. or 1..'II'n
10 dill ('on'ror)' noIUJul,,'a,ullno. Folfure by IIle morlgage. '0 exvrcb. an)' of ,1.. ngh,. or oprlon. h.,,,'n
pro",dPfI .1.011 nol ('ondil,,'~ II I"'oh'er 01 ony rlullll or option. un(fer ,aJa nol. or ,,,,, mor'goOIl accru.d or
'''er"o/I(lr o('t'tuing.
In Witness Whereof, ,1,. ,old mor'gago( 1.0' lu!teun.o "gned ond .eof"a ,I.... pr.'.nb ,luI
do)' onfl y"or finl 01'0". IIIr"'pn.
Signefl, .poled oncl J"llIIf'r"J In Ih. pretence of:
...SAINAi'ibR...ii'.;...SJiNTMANA'I'........................ .
............................................................................
.......................... ..NoRMA...T.;....Sii"IWMANAT............................
..,...................................................................................
STATE OF FLORIDA,
COUNTY OF PALM BEACH
I IIERE~Y CERTIFY th~1 on thi. d~rl bdon- IMI U
olfirel" duly ,ulhorbed in the St~lr "orellid .nd In Ihe Counly ,'or,.,.id 10 I.k,. .rknowledl(nlenll. penon.ll, .ppeared
SALVADOR H. SENTMANAT and NORMA T. SENTMANAT, his wife,
10 mr known 10 IJt Ihe prnon S drluibrd ia and who ruculrd Ihe forr<<oilll inllrumenl .nd they .cknowkd,rd
before me Ih.1 they rxrculed Ihe lime.
WITNESS my h.nd .nd olfici.1 Inl in the County .nd St.1e' 1"1 aforrllld .hl, da, of
December, A. D. 1987 I
.notii.ry...~ubllC';....S"tati;-...of"..Flo'i:'raa..
My Commission Expires:
(
/.
11' ^ 'II'ill/' ilfld l^ 1\f^111 , 1 ,...,"', ",. /"'Il'"ll'''''. lu.".,/IIIIIIII'nh "'111 u",lIld('
Iv n. < I V nv ,,, '.""'. /"".., "., ,
I 1 I (I' /1,.,.,.,(. "~"~I"~ ,IIf' "IIIrh./nu",', Itl ".,. lIim,,',',
/lntll'l" ,/INrl" "(lI,IItH"'f/. fill, , If' ,,'1116, 1.~!fI"'1' fill( "m I ,_
Hnd ,1". ..."""."",..,......."'"" ,,,,,,, ".. '"'''''''''''' ,"., ,,.. .'"'''''''''' ,.. ""1,.(..".",,,. ""/",' ,,/ /"'"
IIHIII h. f,.,. ,'mIl"'; ,lUll I11f' nllltlnnrlnr 11n! flnorl ",,," mill '"II'(ul nur/w,IIy '0 ,'",wrY, I'nld ''',''', n.~ "tlr,'
" , , ( I . , . I "Ilt' 11'f' ,'',,',',, "' I' 10 I'ni, n,," '" , 'f"
!In/,'' "111/ ./u. IIIIIrlfFtl{lnr II" mnHr lllll'l mlll'r nUllrmu 1" fI ", r cor , I I I
fIl"rl~,nnr(' n. tll"" rrnsonn',!)' lit. r!'"uf,.",,: IIltd "ll' "lorlfl"flnr Ill'r('I'1 (II")' lI'nrr"n" ,Ilt' lit r 10 !lnll nrlt
lIIullfllll,lr("r1,1 'rllp Ill'''' ",,"hid 1/111 Infll/..1 "'nlnll of nil "ruon, ",'IOnllnl'l'rr: Rlul ,Iutl ,n"I Inlld h 'rt'('
ami rlptlr 0/ nil "rlf'lIml,rnnrf"
SOt)'
prDvldtd Jtlways, "ud ,/ ,(del "lorlOI'l"or .'11'111 "01 tmlo .l'Ilrl morlgng.."
noh- 'Irrflhln!lf'r Jul"hllllloll)' ('opt,.el or 1(1..'lllllflrl. lo.UtIl:
"If' ('"rial" prom".
L.il~~;Qe~~g;~~;;;;~";;;;';;;;;~;;;;;;j";.m'... t. ." t. 'h. ~d" ., BO.Y.!.!.~,9.!.L..!!.!l,!!,g.II,~",."..P'gg~mb.~".....~..o............. IIS.7. .../
ROBERT L. YOS'r
...."................................................"..................................................,.....................................................................................................................
,... "'."." .... .1......~.~!'i,!:!:rJ....X!!.9..!!.!?A~P.....!!.!]!!....N.Qt..,!,.Q.9......::::::.::,:_:.:::.:,:::_::'_::.:::.::::::.:::.::::::.:::.:::.::.0.11". 11..2..0.,..0...0.0....0.0 .....,.
tOIITh.. with Inl.mllhet.Oft 1,0fII d.I., .'th. '"'1 oIJ;tJ:.~.y..~!L.Ll~l.L..........P8t Cln!, p...J;UU~Ur.n..................................unfil maluri'" .ald 1"1.."d
be,.. .."bl.....mQ!.1.!;.!!,!,Y....!:!.!J;.!1 PJ;.!.UgJp;tJ, a.~.....s P"l.g.HJ.~.!.1....k!i!J9.W..L.
. bolh princiPII end In,.....t beln, "ar.bl. 'n '"wl,,1 n",..., 01 Ihe Unl'ed Slllo. ~ h. ,qul....I,"I, 81. ...2.5..5..4....l\v.enue...l\uSoleil"..
;.M.1..(.Q.t..~.e.~.m.l.....f.1Q.tir.1.~......,,3..J..4..e..3............................1nld prlncllllll I\lIn 10 be "',nblo on Ih, dale, ,nd kllhe amounl1 lpotlll,d bilow, lo.wi!:
:ntire principal debt" together with accrued interest. sholl be payable in
'ne hundred eighty (18.0) equal consecutive monthly installments of $227.32
aeh, commencing Febr1Jary 1, 1988, and continuing on the 1st day of each
nd every month thereafter until p':!id in full.
alters reserve the privilege of prepaying all or any portion of said
ndebtedness at any time without penalty.
hfh mnh., end endO'I" "v....II)' w,lvII dtmllnd. plof.11 IIrwf nolk. of mellii'll" flGn.".,,,,", 01 ploled 'nd .n "qul""'''lfI "ft,.,It,.,. 10 hold ,..th of
11m IhIM, II. 1M1t'f1 llnd 'ndotl~rt.
hch "".If lInd endor,1'l' f."lh" Il,U!I'. lolnll, end '~Vll'''"" 10 I'll,. nil f"ll. 01 colllldlon. lllt:ltttllno I 'UftrMhl. allMrti"'f f.. III Cft" 'h, p,lntlpnl "r
~, nol. Of ll",. Pll,,,",nl on th, tltlntlp.1 GI IIny Inl....t! 'hellon I. nol p.,ld III lhe 'e'pecllv, m.'",",. Ih"eo', 0' In Cllte fI befomel nec."....,. 10 ","oled ,h,
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PUPAllBD BY AND RB'lL_i TO I
Jeffrey A. Levine, .aq.
4000 H. Federal Highway, Suite 201
Boca Raton, Florida 33431
Tax Polio No.
QUIT CLADI DBBD
made this J....'r.. day of August, 2001, between ANTHONY
Bt office address is ~I?/ J' ~) 0(' 1",Lf,..,J
7. hereinafter called Grantor, and
NO, a. to 50% perc.6t intere.t, and AUGUST VULTAGGIO, a. to 16.67%
intereat, GIUSBPPB VULTAGGIO, a. to 16.67% inter.at and PIBTRA LoPICCOLO, aa to
16.66% interalt, whose post office address is 1501 H.W. 2nd Avenue, Boca Raton,
W10rida 33432, called Grantee.
WITNESSBTH
That the Grantor, for and in consideration of the sum of Ten ($lo.OOl
Dollars to them in hand paid by the Grantee, the receipt whereof is hereby
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 30 and 31, Block 2, LAXB BOYNTON BSTATBS, and the West 40 feet
of Lot 10 and all of Lot 32, Block 2, LAKE BOYNTON BSTATBS, PLAT 1,
and Lot 9 and Lots 19 through 21, inclusive, (less North 10 feet for
Stata Road 804 Right-of-way and I-95 Right-of-Way), Block 2, LAKE
BOYNTON BSTATBS PLAT 1, all according to the plat thereof a.
recorded in Plat Book 13, page 32, of tha Public Record. of Pa~
Beach County, ~lorida.
NOTE TO CLERK, This is a transfer of a partial inter..t in the real estate of the
trust from the trustee to the beneficiaries of the trust. Therefore, only
nominal documentary stamps are due as a r.sult of the tran.fer.
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 has signed and sealed these presents
the day and year first above written.
u ,~
~ONY MAmnNO. TRUSTY
,.
.'
i- nd gnat
fr-J9dl.'!'-'S","O IA~ fI~~Jlc'
2nd witness Print Name :/
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this/..y"~ day of
August, 2001, by ANTHONY MANNINO, TRUSTEE, who is:
I I
IV"
personall~~own to me, or
produced . """'><-.,
as photo identification.
A ..~ Carole Sullman
ill: -~*' MYCOMhISSION' C054400t EXPIRES
. , , . Sep....ber 1~ 200<
No ary Public, State of Florida
~mmi n ire.,
F:\WP50\Vulta99io\QCD.wpd