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LEGAL APPROVAL . , . STAMBAUGH & TARONE, P.A. Attorneys At Law 180 Royal Palm Way, Suite 201 Palm Beach, Florida 33480 Telephone (561) 832-0272 Facsimile (561) 832-0062 Reginald G. Stambaugh* Theodore T. larone, Jr. *Board Certified Real Estate Attorney Licensed to Practice in Tennessee October 23, 2001 City of Boynton Beach Chairman, Planning and Development Board 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Dynamic Doughnuts Florida Realty, Inc, I Krispy Kreme Dear Chairman: Please be advised that I have been retained to represent Mr. Craig Stanley and a number of Boynton Beach residents residing closely to the proposed development made by Krispy Kreme on Boynton Beach Boulevard here in Boynton Beach, Florida, The concerned residents that I represent are now known as "Save Our Street" or "SOS." By this letter, my clients hereby object to the application submitted by Gee & Jensen for the rezoning and replanning of the property owned by Salvador and Norma Sentmanat and August and Joseph Vultaggio located contiguous to Boynton Beach Boulevard for the following reason: THE APPLICATION MADE IS LEGALLY DEFICIENT ON ITS FACE. THE APPLICATION DOES NOT HAVE THE OWNER'S APPROVAL. Specifically, Dynamic Doughnuts Florida Realty, Inc. is the prospective Buyer of the owners' property. The owners have not delegated any authority to Gee & Jensen or Dynamic Doughnuts Florida Realty, Inc. to act on their behalf in submitting this application. In fact, Gee & Jensen is merely representing a corporation, which is not duly formed in the State of Florida, named Dynamic Doughnuts of Boynton Beach, Inc. This is not the prospective buyer of the owners' property. Legally, this application cannot proceed without the proper owners' authority (see attachments). The application is left unsigned by the owners. Any recommendations or processing of this application by the City without the proper owner authority is void ab initio, City of Boynton Beach Craig Stanley October 23, 200 I Page Two '-;' " ", Based on the foregoing, this letter hereby requests the Planning and Development Board to table any application made until the proper authority is given to the City. Sincerely, RGS:trc cc: Craig Stanley /(. / , '. , ......., t ( ,...-/ ;ity 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. Date Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. VI. AUTHORIZATION OF AGENT ~- s\a uth . ed Agent 8J~1tr\ Dat (I) (We) hereby designate the above signed person as (my) (our) authorized agent with regard to this application. . Date Signature of OWner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. .-::----. DYNAMI. :~...OUGHNUTS OF BOYNTON~ACH, INC. ~. 4225 Genesee Street Buffalo, New York 14225 (716) 634-2121' ..- Fax (716) 634-6059 AGENT CONSENT FORM ..u~ ~/L STATE OF FL8R.16A COUNTY OF F'4LM l!1!:.'~11 eI1C"" ----..-.-...-../ BEFORE ME THiS DAY PERSONALLY APPEARED ;SJ!frJ1rr5 It. 0iik-x:rJM.;:;~/tb0 uF WHO BEING DULY SWORN, DEPOSES AND SAYS THAT: ~~ Ie fJPp~~7S "'8~ W1"eMJc'D i:5 e "'I ~ 1, He/she is the~wner of the real property legally dellcribed in the applil :alion) tlll'1" P~~d" Ib1.D S',4(.g 1/(;hq;;r7~ Dnfl:'D ~ II, (Zoo I, 2, He/she duly authorizes and designates Scott Barber (Gee & Jenso 21 to act in his/her behalf for the purposes of the real property legaliy describt Id in this application 3. He/she has examined the foregoing application and he/she understa ,ds how the proposed ohange may aff~ct the real property legally describe:l in this application FURTHER AFFIANT SAYETH NOT. The fOregOjng~nstrumenl was acknowledged before me this /3 day of ,<Jur;d.$1 , 200, by J7t1n.1e-3,')'f/- CrJJc?oof/...J (name of IlIdividual Acknowledging) who is known to me or has produced - ~v n) as identification and who did (did not) take an oath. ~ ~ tL~ Name oMtknowledger (Printed) a ~ ----..,(-'M>~ ner's Signatu@. . _L_., ,v- Au..d-AoJJ '/t47n /c ~ rr><oU 7S (;I- '~/~I7)<./= I"?<"/ B<r 7"#,nf:~ A C<JJ"~-"<; ;P#5. :We Owner's Name (Printed) / CHRISTOPHER J. D'ANGELO Notary Public, State of NeV::;J ) Qualified in Ene Coun "Z-- N.Y. Ccmmis3ion Expires Of-/ </z:z_.S;- G etVe.se>e' S"T. Owner's Address WFA-t-o;;So IYzz.j City, State, Zip Cod '71(; - Co 3r(- 2(2-) Telephone (Notary Seal) Serial Number " .J .\!. Y 7 ( # PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made this If..- day of July, 2001, by and between August and Joseph Vultaggio, ("Seller"), having offices at 1501 N.W. 200 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 adjustmentd and prorations specified below. The Purchase Price will be paid as follows: ,~- (1) On the "Effective Date" of this Agreement # ] ( ,"".- {.... ~ 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. l't 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: ,-::- .