APPLICATION
PROJECT NAME: Bethe:>uil Parking
LOCA TlON: 2700 Block of SW 4th Street
PCN: 08-43-45-33-01-001-0010,0030,0050,0060,0070,0080
I FILE NO.: LUAR 02-004 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER:
Jaime Gentile PHONE:
Kilday & Associates FAX:
PHONE: 689-5522 ADDRESS:
FAX: 689-2592
ADDRESS: 1551 Forum PI. Suite 100A
West Palm Beach, FL. 33401
Date of submittallProiected meetinl!: dates:
SUBMITTAL / RESUBMITTAL 5/15/02
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 6/24/02, 7/13/02,
7/23/02
TRC MEETING: N/A
PROJECTED RESUBMIT TAL 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 7/23/02
MEETING:
COMMUNITY REDEVELOPMENT N/A
AGENCY BOARD
CITY COMMISSION MEETING: 8/6/02, 8/20/02, 9/3/02
COMMENTS:
S:\Planning\HUDSON\Belhesda LUAR 02-004\2002 PROJECT TRACKING INFO REZN.doc
APPLICATION ACCETABlE l.u,TE: RECEIVED BY STAFF MEMBER:
FEE PAID: RECEIPT NUMBER:
HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? DATE:
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & DEVELOPMENT BOARD
LAND USE AMENDMENT AND/OR REZONING APPLICATION
This application must be filled out completely and accurately and submitted, together with the
materials listed In Section II below, In two (2) copies to the Planning .DMJillol'l. ,Incomplete,
applications will not be processed. I D I r-.---
U~ I .w 3
L.---.-.. ___.I
PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION.
I.
GENERAL INFORMATION
1. Project Name: Bethesda Memorial Hospital
2. Type of Application (check one)
xx 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)
Bethesda Memorial Hospital
Address: 2815 South Seacrest Blvd.
Boynton Beach, FL
Phone:
374-5400
33435
(Zip Code)
FAX: 374-5021
5. Agent's Name (person, if any, representing applicant
Kilday & A5soclates, Inc.
Address: 1551 Forum Place, suite 100A
West Palm Beach, FL
Phone: 689-5522
33401
(Zip Code)
FAX: 689-2592
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 2
6. Property Owner's (or Trustee's) Name:
Bethesda Memorial Hospital - 2620 SW 4th St. & 2704 SW 4th St.
Slntllien Georges - 2706 SW 4th St.
Jesus & Joan Santiago - 2710 SW 4th St.
Address: See above
(Zip Code)
Phone:
FAX:
7. Correspondence Address (if different than applicant or agent)"
Please send all correspondence related to the application to the agent address.
*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.
Delleloper. Contract Purchaser, etc.)
Owner of a portion and contract purchaser of the remainder.
9. Street Address or Location of Subject Parcel:
2700 block of SW 4th St.
PCN (s) 08-43-45-33-01-001-0010 (and lots 0030, 0050, 0060, 0080)
10. Legal Description of Subject Parcel:
See attached
1.43 acres
11. Area of Subject Parcel (to nearest hundredth (1/100)
of an acre:
12. Current Land Use Category: Low Density Residential (LOR)
13: Proposed Land Use Category: PPGI
14. Current Zoning District: R1 AAA
15. Proposed Zoning District: Public Use
16 Intended use of subject parcel: Auxiliary parking area
17. Developer or builder: Not yet known
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 3
18.
Architect:
Keith Chambers, KCA Design Group (561) 999-0007
19. Landscape Architect: Kilday & Associates, Inc.
20. Site Planner: Kilday & Associates, Inc.
21. Cillil Engineer: Kimley-Horn and Associates, Inc.
22.
Traffic Engineer:
Kimley-Horn and Associates, Inc.
23. Surveyor: O'brien, Suiter & Obrien
II. MATERIALS TO BE SUBMITTED WITH APPLICATION
The following materials shall be submitted in two (2) copies. unless otherwise indicated:
(please check)
1L-a.
This application form.
1L-b.
A copy of the last recorded warranty deed.
1L-c.
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,
L(2) If the applicant is a contract purchaser: a copy of the purchase contract and written
consent of the owner and seller. and
_(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.
Ld. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida.
dated not more than six (6) months prior to the date of submission of the application, at a scale
prescribed by the Planning Dillision, 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.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 4
_(3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree
preservation Ordinance. (Also refer to Page 6, Sec. II h.(12) of this application if
property is occupied by native vegetation.) This requirement may be waived by the
Planning Director where found to be unrelated to the land use or zoning issues
involved with the application.
Le. A complete certified list of all property owners, mailing addresses, and legal descriptions for all
properties within at least four hundred (400) feet of the subject parcel as recorded in the latest
official tax rolls in the county courthouse shall be furnished by the applicant, including a tax map
showing placement of 400 feet boundary. Postage. and mailing labels or addressed envelopes
must also be provided. Said list shall be accompanied by an affidavit stating that to the best of
the applicant's knowledge said list is complete and accurate. Notification of surrounding
property owners will be done by the City of Boynton Beach.
Lf. 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.
.1Lg. A statement by the applicant justifying the zoning requested, including reasons why the
property is unsuitable for dellelopment under the existing zoning and more suitable for
dellelopment under the proposed zoning. The statement should address the following criteria
which the Planning and Zoning Dillision utilizes in evaluating land use amendment and rezoning
applications:
1) Whether the proposed land use amendment/rezoning would be consistent with applicable
comprehensille plan policies. The dillision shall also recommend limitations or requirements
that would have to be imposed on subsequent dellelopment 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 indillidual property owner as
contrasted with the protection of the public welfare.
3) Whether changed or changing conditions make the proposed land use
amendment/rezoning desirable.
4) Whether the proposed land use amendment/rezoning would be compatible with utility
systems. roadways and other public facilities.
5) Whether the proposed land use amendment/rezoning would be compatible with the current
and future use of adjacent and nearby properties or would affect the property values of
adjacent and nearby properties.
6) Whether the property is physically and economically dellelopable 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.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 5
Lh. A comparison of the impacts that would be created by dellelopment 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 dellelopment under the existing zoning. which will include:
L( 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
dellelopment.
L(2) A statement of the uses that would be allowed in the proposed zoning or dellelopment,
and any particular uses that would be excluded.
L(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
dellelopment, with the traffic that would be generated under the current zoning; also. an
analysis of traffic mOllements at the intersections of driveways that would serve the
property and surrounding roadways, and improllements that would be necessary to
accommodate such traffic movements. For projects that generate mOlle 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 fille 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 relliew by Palm Beach County. Howeller, if it is
the desire of the applicant to utilize the City's traffic consultant for relliew of the
traffic impact analysis prior to review by Palm Beach County, then the procedure
and requirements outlined under item "a" abolle shall be followed.
NOTE:
Failure to submit traffic Impact analysis in the manner prescribed above may
delay approval of the application.
L(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.
City of Boynton Beach
LAND USE AMENDMENT ANDIOR REZONING APPLICATION
Page 6
lLj7) For parcels larger than one (1) acre. a comparison of sewage flows that would be
generated under the proposed zoning or dellelopment 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
prollision 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 dellelopments 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 dellelopment 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 Dellelopment Board, or City
Commission, the applicant shall also submit proposals for minimizing land use conflicts
with surrounding properties. The applicant shall prollide 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 dellelopment shall be prollided. 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 dellelopment.
_(10)At the request of the Planning Division, Planning and Dellelopment Board, or City
Commission, the applicant shall also submit the following information:
_(a) Official soil conservation service classification by soil associations and all areas
subject to inundation and high ground water levels.
_(b)
_(c)
Existing and proposed grade elevations.
Existing or proposed water bodies.
_(d) Form of ownership and form of organization to maintain common spaces and
recreation facilities.
_(e) A written commitment to the provision of all necessary facilities for storm
drainage, water supply, sewage collection and treatment, solid waste disposal,
hazardous waste disposal. fire protection. easements or rights-of-way. roadways,
recreation and park areas, school sites. and other public improvements or
dedications as may be required.
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 7
_(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 subdillision master plan shall also be submitted.
(12) Where conformance with the county's Environmentally Sensitille Lands Ordinance is
required, an Application for Alteration of Enllironmentally Sensitille Lands (Enllironmental
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 whieh
have been adopted by ordinance or resolution. The Planning Dillision 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. APPLICANT'S OWNERSHIP AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
----------:~~:::/ ME THIS DAY PERSONALLY APPEARED CJt:> ~r. WHO BEING
DULY SWORN. DEPOSES AND SAYS THAT: (;;)
\
1. He/she is the owner, or the owner's authoriz agent f the real property legally described in
Attachment A;
2. He/she understands the Future Land Use Map amendment application fee is nonrefundable
and in no way guarantees approllal of the proposed amendment;
3. The statements within the Future Land Use Atlas amendment application are true, complete
and accurate;
4. He/she understands that all information within the Future Land Use Map amendment
application is subject to lIerification by City staff;
5. He/she understands that false statements may result in denial of the application; and
6. He/she understands that he/she may be required to prollide additional information within a
prescribed time period and that failure to prollide the information within the prescribed time
period may result in the denial of the application.
FURTHER AFFIANT SAYETH NOT. ~J
The foregoing instrument was acknowledged before me this 2 day of J ~r'e , 20 C Z; by
C /?d,~ A:-,.... <? (Name of Person Acknowledgi g) whq. is personally
known to me C>f wIJ6 hall ptod)d'Qefd - ~ of . 'fi9Btion) liS
i~nJifie'a~ and who # (did not) take an oath.
'~k~Q.~V 4-~)
(Signature of P son Taking Acknowledgment)
. . I .
O~:::/N 5<'/ /?a~..~ iV4 / fi,z
(Name of Ackno(l"ledger Typed. Printed or Stamped)
(Title or Rank)
pplicant's Signature
(J.b"> /42Jr.
Applicant's Name (pri~
{ >)( ~f\M'- ~ [
;Strrt Address
~. ~ I, ( S:JC(J(
City, State. Zip Code
Teleohone ( ) 0~-~)'dd
(Serial Number, if any)
(Notary' Seal
a~.""~' UNDSEYAIlTHURWALTER
"" :,r, MY COMMISSION' CC 906616
. \ ' i EXPIRES: March 7 2004
..iif.~' 8otIdedThlUNollryNlllc undlrwrifell
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 10
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Relliew and Processing Schedule:
Date Accepted by Planning Dillision
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 Relliew by Technical Relliew 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 Comprehensille 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
Comprehensille 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 Comprehensille Plan Amendment,
Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
Date of Transmission of Rellised Comprehensille 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
City of Boynton Beach
LAND USE AMENDMENT AND/OR REZONING APPLICATION
Page 11
Date of Hearing Before Florida Dillision of Administrative Hearings, Pursuant to Florida Statutes.
F.S. 163.3184 (7)
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
Kilday & Associates
Landscape Architects / Planners
155' Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561)689-5522' Fax (561) 689-2592
E-Mail: info@kildayinc.com
JUSTIFICATION STATEMENT
Bethesda Hospital Land Use / Rezoning
,
,)
This petition is presented by Kilday & Associates. Inc. as authorized agent for the
property owners, to amend the land use designation and zoning on property located
around the Bethesda Memorial Hospital. This application will amend the land use
designation on a 1.43 acre from Low Density Residential (LDR) to Public-Private,
Government/Institutional (PPGI), and the zoning from RIAA to Public Use (PU). Upon
approval of this application (as well as a concurrent rezoning application on 10 acres
along the northern property line of the hospital) the entire hospital property will be under
a single land use designation (PPO!) and zoning district (PU), which are consistent with
the uses associated with the hospital.
The subject property includes eight lots, six (lots 1-6) of these are owned by the hospital.
The remaining two lots (lots 7 & 8) are under contract by the hospital for purchase.
These eight lots are part of an established residential subdivision called Seacreast Hills.
A central problem that the hospital has repeatedly faced over the years is a shortage of
adequate parking spaces. This has created an unsightly and dangerous situation for its
staff. patients, and visitors. Presently. the most acute parking shortage for the hospital is
in the physician parking area behind the main building. Therefore. the hospital is
proposing to construct additional parking spaces, within a covered parking structure,
which will serve the hospital's physicians. A concurrent site plan application has been
submitted with this application for these covered parking spaces.
This proposal will serve two purposes. First, it will provide the necessary parking spaces
for the hospital physicians, close to the physician entrance. Second, it will help to resolve
some of the incompatibility problems that currently exist between the hospital and
adjacent homeowners. The area subject to this application currently serves as a buffer
zone between the residential community and the hospital. The current uses on site (single
family homes and vacant lots) have failed to provide a sufficient functional barrier
between the adjacent incongruent land uses. Due to the intense nature of the various
mechanical equipment that is located behind the hospital. near the western property line,
there have been inevitable conflicts between the neighbors and the hospital.
Discussions with the neighbors have revealed that the primary issue for them is the noise
that the mechanical equipment creates. These residents have recommended that a solid
wall be constructed to act as a visual and functional barrier along the western property
line. The proposed land use amendment, rezoning, and subsequent site plan approval will
permit the hospital to rectify the existing incompatibilities along this property line by
JUSTIFICATION STATEMENT
Bethesda Hospilat
Page I of 4
incorporating a substantial barrier between the hospital and adjacent homes. In addition,
some of the existing parking pressures that exist within the hospital property can be
relieved with the physicians parking area.
RESPONSES TO APPliCATION OUESTIONS
ll(g)
1) Whether the proposed land use amendment/rezoning would be consistent with
applicable comprehensive plan policies,
The proposal is consistent with the Comprehensive Plan policies described in the
previous section.
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.
The existing land use pattern along the west property line of the hospital has been
established and has proven to be problematic for both the hospital and the adjacent
homeowners. The various mechanical uses located in the rear of the hospital property,
combined with the lack of a significant physical buffer, have created this problem. In
addition, the hospital's unsatisfactory parking situation for their physicians is a problem
that the hospital must resolve. This petition helps to rectify both situations.
3) Whether changed or changing conditions make the proposed land use
amendment/rezoning desirable.
The continued mechanical operations behind the hospital have created compatibility
issues for the adjacent neighbors. In addition, the hospital's parking needs are contingent
upon the growth and continued success of the medical facilities.
4) Whether the proposed land use amendment/rezoning would be compatible with
utility systems, roadways and other public facilities.
Since this application will result in a reduction of eight dwelling units, this petition will
reduce the impacts on the City's public services.
5) Whether the proposed land use amendment/rezoning would be compatible with
the current and future use of adjacenr and nearby properties or would affect
the property values of adjacent and nearby properties.
As a result of this land use/rezoning approval, the incompatibility issues that currently
exist along the western property line of the hospital can be alleviated. The value of the
adjacent properties will benefit from the creation of a substantial, attractive buffer along
this property line. Also, property values will increase by virtue of fact that their will now
be certainty in the hospital boundaries and its proposed uses for the area.
6) Whether the property is physical and economically developable under the
existing land use designation/zoning.
The subject lots are adjacent to the most noxious uses associated with the hospital, which
has created problems for several of the current residents. Obviously, developing the
JUSTIFICATION STATEMENT
Bethesda Hospital
Page 2 014
remainder of the lots as single family homes, as is currently permitted in the land use and
zoning district. would be a grievous error. Bringing these lots, six of which are already
owned by the hospital, into the overall Bethesda Hospital plan is the best use for these
properties.
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,
The scale of this land use/rezoning has been established to meet the exact needs of the
hospital, the surrounding community, as well as the City's healthcare needs.
8) Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
Considering the fact that the physicians parking area must be in close proximity to the
hospital and the fact that there are existing incompatibility issues which can be rectified
with this petition, there are no other similarly available site.
lI(h) 1-5
A comparison of the impacts that would be created by the development under
the proposed zoning with the impacts that would be created by development
under the proposed zoning.
The existing zoning for is RIAA. There are eight platted single family lots on the
property. Therefore, eight single family homes could be built on the site, each with
driveways accessing SW 4th St. This rezoning to PU is to permit the area to be used for
physician parking and will eliminate the accesses onto SW 4th St. The size and
dimensions of the site essentially make it unsuitable for any other hospital uses. By
eliminating the potential for eight homes, the impacts on water, sewer, traffic, etc will be
diminished with this rezoning approval.
II. (h)6
Comparison of water demand for proposed and existing zoning,
The Palm Beach County standard for determining water demand is 180 gallons per capita
and 2.4 persons per unit. Under the existing zoning the site would generate a total of
3,456 gallons per day. Under the proposed zoning, there are no anticipated no water
needs. In addition, the landscaping irrigation facilities that will serve this site
landscaping are already available to the property.
lI(h)(7)
Comparison of sewer demand for proposed and existing zoning.
The Palm Beach County standard for determining sewer demand is 100 gallons per capita
and 2.4 persons per unit. The existing zoning will generate 1,920 gallons per day. Under
the proposed zoning, there are no anticipated sewer needs.
JUSTIFICATION STATEMENT
Bethesda Hospital
Page 3 0/4
II. c. (8-12)
At the request of the Planning Department, Planning and Development Board,
or City Commission, the applicant shall provide additional information
regarding the site.
The proposed zoning changes will only decrease the impacts on the community's water,
sewer, and roadway facilities. In addition, the adjacent properties will be served by
providing a solid, aesthetically pleasing buffer between the back of the hospital and the
existing residential community.
Additional information will be provided to staff or officials as needed.
JUSTIFICATION STATEMENT
Bethesda Hospital
Page 4 of4
<
~=r~
Kimley.Horn
and Associates, Inc.
May 3, 2002
Mr. Michael Rumpf
City of Boynton Beach
P.O, Box 310
Boynton Beach. Florida 33425-0310
Re: Traffic Statement (Proposed Parking Expansion)
Bethesda Memorial Hospital
040596001
Dear Mr. Rumpf:
The following traffic statement has been prepared to address the issue of
traffic generation and circulation at Bethesda Memorial Hospital in relation to
the acquisition and proposed rezoning of 1.54 acres on the west side of the
hospital. Currently, the subject property consists of eight separate lots that
are zoned with an R-IAA designation. Four single-family detached dwelling
units are currently located within the subject property. It is proposed to
change the zoning designation of the subject property to a PU designation,
consistent with the zoning designation of the contiguous hospital site.
It is also proposed to remove the single-family dwelling units on the subject
property and construct covered surface parking for hospital use. Currently,
access to the single-family dwelling units is provided via driveways on S,W.
4th Street These structures and access points would be removed, which
would result in an expected decrease in traffic on S.W. 4th Street of up to 40
vehicles per day. Access to the proposed new parking areas would be
provided from the hospital property to the east. No vehicular access to and
from S.W. 4th Street is to be provided. The proposed additional parking is not
expected to generate any additional traffic to the overall hospital property.
Instead, the new spaces will provide additional capacity for vehicles already
traveling to the site. A previous parking study performed in 1999 by Kimley-
Horn and Associates. Inc. documented that the existing parking capacity at
the hospital was inadequate to efficiently accommodate parking demand
during peak periods at the hospital. The proposed parking area, which would
be designated for doctor parking, is expected to alleviate some of this existing
parking deficiency.
The proposed rezoning and replacement of existing single-family residential
dwelling units with covered surface parking is expected to result in a minor
.
TEL 561 845 0665
FAX 561 863 8175
.
4431 Embarcadero Drive
West Palm Beach, Florida
33407
-'
~=n
Kimley-Horn
and Associates, Inc.
Mr. Michael Rumph, May 3. 2002. Page 2
decrease in traffic on S.W. 4th Street and no additional traffic increase at the
Bethesda Memorial Hospital site. Should you have any questions regarding
this information. please call me or Chris Heggen at 845-0665.
Sip.ce:re~y,
KI}.1LEY HORN AND ASSOCIATES, INe
~ . Jt. p-
/(, ~/.t:.
Christopher A. Squires. P.E. . /-. ;-
Pnncip-a1 5/ S/~L
Florida Registration
Number 044779
Engineering Business
Number 696
Cc: Chris Kerr
Chris Heggen
P,\0405\9600 1 \050302mr2.doc
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1111111111111111111111
fHIS INSTFlUM..NT
AREPARED BY/RETURN TO
JOEL 1 STAA'Ml. ESQUIRE
St.awn Mon'lIh," & COhQ~ P A
I 5~ N F. Fou~h IWenue
\j Dehay Reacn. floflda ~34a3
{~81l2;a.9400
III"'....' ",!,, II. _"'Hm
O~ 1M I*~ PG 1'J7
(.0...1" (tr,h'h low'to,., F lllrln,-
MT le.A"
bot' StAng r ""
W."B.B~IID' ll.f.ED
TWIS WIIRRANTY DEED made th,s _ .,~._<l8Y 01 July. 2001. by LLOYD
HAStIER. mdlVldually end a~ T'ustee. ollne Counly uf Palm Beach. Slale of r-Io"da.
11P"lnln.r 'Iliad lllt "Granlol....lo BETMESOA MEf.40RIAL HOSPI1Al.INC ,a Florda
hOlll"llf,t Oll~bon, whOM Il?SI offial add,s," ia, clo Jopl T Strawn. Eaq 54 N~ 4"
llvenue DeII'Y Beach. FL 3:1483 County or PAl'" Beach Stale 01 FIll",dll. hore'nafte-r
celled Ihe "Gr.ntee"
WlTNnlETH, '01' &a,d GraolOf. for and In cO'Slder.,lOn of lI1e sum 0'1 on Dollals
(S10 00) and Dlher valuehle conSIderatIon 10 se'd O,snt01' In harld paId by sa'd Grantee.
!he rete'pl wnerwol ~ hereby .cknowlfodged, haa granled. ba.galn..d and soi<llo Ihe said
Grantee. and O.anlee'. hMS and asal9M lo,~vcr. Ihe fulklwlng deseflbed lor><!. 511~ate,
lying and b<tl"ll I~ ~!Im Beach Cou"l~ Fiend., to WIt
Lelr, Block 1. SEACR~GTHILI,S ae(.Qld'~gtQlh9PI.ITt1<>lenf. a..ecorned
,n PIOlIlQ~ 1.5 Pll9c 74 P"bl,c R",,,'d', 01 Polm I1cacn County, Flarr;la
Property Aap'o..er', ~",celld"'t"'c.1I'QM NII"'b"" 08.4345 30.n1-(10"OOOO
GRANTOR CE~TIFlrS THAT SAID f'ROPcR1Y IS N01 lHl HOMESTEAD OF THF.
GRANTOR UNDEH THE" LAW$(')F THE STAT~ Of' ILORI[}A
Th,. cOl\veyance La .ubl"Cl 10 p'1Is1'nq e"semen~. rHII'ellons
f!ntum~'I',nc:fO' "",d conditions of r~.ofd. but nny SllCh Inlerelllt th.11 may have
been Iefmmated '8nat h..'ehv IAll'I':lQltld .I><l,. further '"bjeet 10 appt.enble
Zoning Drdinancos And ad vatolem ,.01 .llole 'a'ns for the fe-ar 2001 "nd
IhOIIl.1II1'
Tflll conveYRnce j~ no! ~IJbjl\et to ~he- dDCLlmentmy 'Stlll'1'tp tav gl~G4!
'I'. from. tru.te" 10 the 1010 ~ellP.l'cl.1 ownor ollhej,,,., ,mrne<!,o'ely helore
Inll conveyance and Ihe o'opertv WAs Durch..cd 10' and WIth Iha fbnds uf
IMlbennf'C'9')1 lZFAC 1211.4103(32)(nlan\lIZFAC 17.4014'51
i
DOOM I.~e PAGe I ~JlI
Do~.tt I. 1I11~.". Clo~~
Ind IlId Grantor does hereby specially WilliS lit lhe tllle 10 said larldl1nd will dofend the
tame age'ns! 1119 lawful claims of lilt persons rlll,mlnR by IhrOllqh or under lhf! ::laid
Gr.ntor
. "GrSlltor' "nd "Grsnts,," lire lIscod !(II ~'ng\ll"r r" !'lillral as th,' cOrltll~1
rrQwes
IN WITNESS WHEREOF. tne IJnll!OIR,qnpd p"f'CutNI th" d('lr"Um,....' 011 In(' Cl'll'ls\
Indicated billow '
,/"',
-rL44V'/I.1.._ t:f ..MtJ(Y.~I/AA;
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S"Il'IIu'Y
OVD HAaNEA, Individually .~d.
s \~ruat.. 7.....) ."1
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STATE OF FLORIDA )
ISb
COUNTY O~ FLORIDoll I
I HEREBY CERTIFY Ihat on the day before me'. an offl(;er duly aulllorrzed In Ihe
5tate .nd County aloreSllld to ta~El acl\nowledgrl'lents personally appeBred LLOYD
HASNEA. tndlvtdulllI~ Ilrrd as Trustee who rmllr~ one] lC III personally known to me or
lies produted a drl\l(lr', ItcenSf! ;IS II;lE'ntll,c:JI,on and who did '"ke ~n o.'llh
-' WITNESS my hAnd llnr! \,Il,C,Q' r.c,,1 ,n lhl' c;.Ollt1ty lII'ld Slolo Idcnti1ott1 ;lbovC' tnls
..I _ aay Of July 21.101
&. . _._A~wy
loJotll'Y flu c aMII' of "10<111.. /
I'rlntI'iAml'_.. ...
r:\,,\I"'~~IO" L ~pl<<!~ . .~ I
IIBf oDe AI It
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W/C BOX 84 /
tlIII_ """"101':
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llMIP. ao,.liIq.
mGN._IIIIllwIr,SaIto201
.... RIIIll. PI. 33I3l
AIlf'"IHllllM'l!8e101-143227
DRl124Se PI 171.
Call 125..... DlIl: m.
DlIllIl1liY H. 1111.8, l1SIlllB aum, FL
'................11...
f1Io _OlBRI28
l'-'l' _1lIo4301S43o01.oo14llO
1~""""tlIIIUIo....___DNl
IBumutty ittb
~1'....P.s
T1IiIIDdel11lR, mIK IIIlI JJ.y of 1-6i"Ud'~MldIMI DMa,. -W....Jai114
llJ' ~~ MIIlIlII n.. of IIIe Q)ua17 of 1II111e S1a1e of piny oCtile IIIst put, w!Klle IIIdn!II
112'706 SW 4lb ~ IlayaIOD BoICII,.... _ I pArty of lbe _ put, ad
wboec poll ~ Iddrcle Is :z S.W, 4tII BorDIOll 3343S,IIId whose ~ IdcDlIlkzdoft
N1IIIIber Is 3. ':f~ - 'i:I'7/).
\11II Ib.
nw lIlo U/d pari)' orllle nnl part, for IIIId III COIIlddllIiIIIoII of tile llIIIl 01' $lO.OO _ olhar vaIaa/JIe
CIlIl!ldaIloa, ID Ida!. III bud paid by lIlo uld pany of 11lol___ ..... tIla .... wII.....r III1areby ~
ba paIllld, barplaed aDd SClId 10 IIla saki JIII1Y ollila UCOIId. pan. Ids 11M 8IlII ...... ro_, tho foIIoowIDa
clacrlbed ....... ID ..h:
LoI 7, Blcclc 1, of SEACREST HDJ., or IIlCOl1IlD& ID die Plat lbercof 01111\I III tbe OIlice 01 the Clark of
lII6 CllClllI COmt In IIICl fOr PIIm IIadI CDanty. flIarlda, .-nIed ID Plat Book 2$, Pqe ,4.
Sobjecl COWl_IS, rauiclIoDs and raaJWIIooo orlllCOlll DOl coupIed wllIt 8 rIIhI of _ aadtuel a.r
the _t)Uf.
AIld IIIe Mid pIrIJ olllla lint pan dclCI bereby lll1Iy _I 1M UlI6 could Iud, IDCI wID de!atId the BallH>
aptlll\ the Iawl\II G1alms of all porIOIIS wIIomsocver.
SJsIl.i:d, !Ukd 8lIlI dell\erc411l1llo prr:sem:e of:
51
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(Sell)
l'rlD
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Pmll AII10aIa 0eIII
(Sell)
STATE OF FLORIDA
OOUNTY OF Palm Beach
TIle COIeIClDIlDItnImem. - ~1edJCd beIlmlllUllbll kl clay ot;1J...,,4m. by MlcIIael Deao,.l
~~ lollled ~ his ~ AAIoDla Dcao.. wbo .. ~ 1iiQ;,; to IIllI or who ba prod\Illad _
~ Ut"rt! itAr. as ldeIItllIcalloD.
PrlD.
5_ It Larae (NM
My apIrII:
MIl IIlIIIIIm Is:
a-.____..~......IIl....)
"-' MtltropOl.i.t:.an. 'titl.. _ Guar4 Co
Wi~l. Cal.l. no. 1.3 MTB ~.
~ 2240 Wo~lbright Road. S~ite 203
Boyn~~n Beach. FL 33426
Tbis~IIICDtrrq.n.-db)l: Ket-ropoliti:n Ti'C.le & G'o.larant
Valarie S. Gross. Branch Mar.ager
File ~O. 95-01-0052
~ 2::4.0 Woolbright. Road~ Suite 203
Boynton Beach. FL 33426
PtuJatJ' AppniJtft ~llcllllllrifialion (Folio) Nymber{,;}:
08-43-45-33-01-001-0080
~.JS_S.-cal:
WARRANTY UEED
INDl'YID. TO INDIV1D.
iF!~4_r:'f_'i':~C". €:;';'Z~lI S'~.-1 71.l'.73
-" --O~- 8769 p~ 247
II.. !1I11 I HI .1111 I .,1
~~n 1i1~~OO.OO D~c 75Z.60
~:i:'~~I:T~~; H. ~"~~L~:EN. ':t...E~~:' FE' ;:O:jNr.(~ FL
SPACE ABOVE TIllS UNE FOR ,aOCESS'I
sp^('F. .\RO....E '1l-f1S UNE FOR RECORD[JIlO DAT^
This Walrnnty Deed
Judith A. Williams fl
l~e,!1}c, "i'E RJ.l;;o,~.
~~~crciltt;(t~ira~or.
..Mad&:.lbc. 16th ayof May A.D. J995
Judith A~~olso (as to a ~if~ Estate) dnd Joseph
- ,
. aS~T s"tees of thy Klenk Family 'rrust No. K--l, da~ed
ee s ~ e), amY . d d
Jesus ar.t.l.ago ~ Joan M. Sa:!"l.tl.ago, husban an wife
,,/
o S.W'. 'St.reet
3oynton Beach. Florida 33435
by
M.
.
whose p"st office :address is
hereinafter called the r.rantce:
~1'L~ullCd hrl'rill III: lam- ~"","ICII'-:IN! -,rolMec- ino:hd: aClhcp:or'lic.~ Ie' ~ill.~lrWrEN:lftll Lhc
hI;:i.~_ keal ~Nali~Cl';Il'III....!Oigtl~ ..rinrJiw~. illllIlhr.\,~co..""'''''~ ~Il;t a.\."jI:Il"Or~IWp)nliI'n~l
Witnesseth: "Tholl the stanlor. ror and ilt c:onsidcr'iuion oflhe. sum ofS 10.00 and othe..
valuable r;:onsid~ratjolls. receipt whereof ill hereby ackftOwlcdged. he.reby grants, bOlrgains. xcllli. ali.::ns. remises,
releases. con\'cys and confirms U:1I0 the grantee illllhill cen...in lomd siluale in Palm Beach
County. SI:.tc of Florida . viz:
Lot 9. Block ~. PLAT OF SEACREST RILLS. according to the Plat thereof. as
recorded in Plat. Book 25, page 74, Public Records of ~alro Beach Councy,
Florida.
Subject To co"'~na"ts. conditions, restrictions. reservations. limll;nions~ easemenl" and agreements 01 ~COT".
if aJIY: tues iJond assessments for lhc year 1~95 and sllb5c:que"t years: <:lid to 311 3ppHc3ble zonine ordinances and/or
resa1LLions and prohil:ilions imposc.d by Q~"'emmcnlo.l authorities. if any.
Together. with all lhe len~mt!"ts. hcreditarnenl and appuneftaftCCS therel\l be.lopging Of in O!n)''''Lse appcnaining.
To Have anet to Hold. the sa.ne in fee simple forever.
And the grunlor hereby cGvt:nanls wjth said Grant~e lhal the gfanlor is l:Jwfully .seized of saJd land in fee
simple: that the ~ranror hilS good righr :::Ind lawful iJouthorj~y 10 Sc.U and convey said land, anel hereby warrants the
tide 10 said land and will defend the same a8~insllhe lawful c;:::Iirns of all persons.
In Witness Whereof. the said lranlOr has .i~ne~ and ,c.led these presents the day an1 year first abo"e wrillep.
SiSned. sealed..and dcli",ered in the. ~ of:
~ ~_ i?R.F'Z- rl '
SlpaI_ V
,."e4ItIE_ ~_ .r'7i:J&b,U-
I'riNe.tSi....---
---
Si~~
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,/...-:;{_., ~'.'}~ </.//:/;: -~
Juaith A. Williams :Li~e Estate)
PlinredSi,1OOIfC"
Poo.l OfIi.;.c"'.wr"...
_ :JvP'Tt-t A. f(E...... '"
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A--<<_ .t2_~.~
Si~
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Pri-.ts.~
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1":"ll'lkl1S1~t;.Io'\lrc
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:,Ce:.k
ris Tr..:.stD--::lo
Pt;...:O!h'::C;~'
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Rita M. Klenk, M
r ."o-
-?
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Trust~e
,. ~_l____
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STAlE OF Flo:-:.ca
CO~IY OF P.e~ 3cac::.
I HBt.E!tY CER~' rhx l)1I rlai... Iby_ ~r(.-rc Iht'. ~ a{Ii.::CT d'iJ)' ;;r,Vfhorizcd ;111'- Stale: .;fr(l~d ~ in ,.. Co",,.,. ~f(ln:s;Ullllo L2l:c
~h::dpr&atc...p;:r~I)'~ ':-..Jo:.::.::. A. ~"il~iam.s f/k/a JudiLh A_ Nicholsor.. la~ to a j~i~e
Estate) a..,d Josep:J. M. Klenk CL.,d Rlta M. Klenk. as Trustees of the . (ldt:ntilicdby
uriver's :'ice..~e .beillldlll)._'om)lomo:kllOwnIObcl.'a:p:no.. S ~i.~
1A.-tDacc.t"Iclll~fon:r.oinli~UldlaAd..tu did lakCl\aO;a&h.
wm"EiS ~.lmw1_ offici:al sa! :n lbe Caur.ty _ 51:111: low lI.rDmOlid lhM 2 Ii th <<by [or May
. ----
"a~~"'~ ~_J.?J'e~
Z>.. ..::\. ......C;OIMtSDI.ct!C14 0I.ary I.-un:
-tL.;;~~ Em":!lEs::~2'J.l- Micha.el R. St.oQdill
'~.-"''TT'):'.~ _-.___
't.c.;..- .- PriMed Noc:wy Si&NI.~
. A.D. 19 95
Myr:~q"",
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TliIS INSTRUMENT I
PREPARED BYIRETURN TO:
JOEL r. SmAWN. ESQUIRE
SInrNn, MonIgllan & Cohen. P A.
54 N.E. FCUftl'o Avenue
0eIr8y BMch, Florida 33483
(407) 27e-9400
JI.I.-31-1~6 a:5Oaa 96-2641 U4
0tIJ 9374 Pt 1418
1 JIIII.I ............ II'
Can 10.00 DIe ,70
QUIT ..cLAIM DEED
THIS aurr.cLAIM DEED mede trill .JI-,,. . CtI ~ ' 1996. by Ihe
Palm EIead1 County HeaIIh en Distrid, II Special T l1IdtIQ Di ' orgIniZ8cIl.I'Iller the
laws of II1e Florida, CtltrlII Caun\y of Palm 8IIach, henlin#1If =-Iled Ihe "Granlor'., 10
SlIIhesda Memorial ~I. Inc.. a Flolida Ilan-pRIfiI ....,..0. lIlion, whoM post off..:e
address is 2815 Solltn Seacnosl BouIlIVard, EIoynIan Baac:l1, Florida 33435. County 01
Pelm Buch, Slale of Florida, hereinaller called lhe "Granl"'~:
WITNESSETH, lhat sald Grantor, fer and in lXIl'1Sidsralion of ll1e 8UIt1 of TeN
(510.00) Dollars and other vaIuabIB CXX1side1'allc1n 10 said Granklr In hand pald by said
GlaUe, tria reoai!l't vmereof is hel'eby ac:MawIJ ~, dclesl'teretl)' ramile, r...sa and
quit-clam to II'It IIaId Grantlle, and GranIlle's heitll and assigns flnvar, a111n1 r1ghI, litle,
irMteSI, clam ancI dllll1llnd which ttw Slid GtInICt haG in and to lIlII follOwing cIElsaibed
land. bullcling and fi:01IJres slUte,lyIng rd Oaing in Palm Beach Caunly. Slete of Florida.
described on !he attacMd e.tlllbIt MAM:
Cj
Properly Appaisef's parcell<:IerDrlCalion Numbers SIll tanh with a~icabI" legal
daSaipUon all8C:I\ed on Exlllblt MA.
TO HAVE AND TO HOLD lhit sane lOQ8IheI" with all and singular the
~ llIar8UIlO bekInQinQ or in ~ Mse appertaining. and all the estaIe. ri9'lI,
11II8, lnI8resl, Iian, equity n claim w4 "" .. _ aI tlle ~ GranIct, eIlI'Ier in law or aquily,
to tile ben8llt allhe aiel Gnlnte9, encI Grentee's heinl and assigns forever.
SUBJECT TO IhiI terms IInCI ClXld~ions or Ihe possible rIIVIIl'SionaJy Inlefllsl of the
Grnor, as set fOI1h n lhst canan AcJIl8I1ISl~ R8soIvitlg Litiglion As To Prior RegisC'allon
madB and antared into by lhit Parties 10 \his QulI-Clalm Oaed on Oe...en.oar 15, 1995.
. "Grantor" and ''Granlea" are IJMCI for singut.. or ~I. as IhI! eonIad requires.
IN WITNESS WHeREOF, Granlor has herllUlllO se1 GranIor's hand and seallhit
,
"..-....
, I
!.'.:"
0118 937~ p, 1419
claV and year first aDllve writtefl.
WITNESSES:
Palm Beach Col,nty Heallh Care Dislric:l.
a Spedal Taxing Oistrid organized \II'ld9t' \he
Laws al Florida
By.;7;;4-- < ~ . (SEAL)
. lis: C&O
Attest: p'1/ttfc1, -::-~ (SEAL)
Its: C
d!f..(;"Lt ~J'/~
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't ~:~~
SI;nftIla
~~ /!J. ,1fim/{T
Pmll\tlllt
STATE OF FlORIDA
COUNTY OF PALM BEACH
)
)
)
SS
. ,
I HERe:BY CERTIFY that an t!U csav belQt9 me. an officar duly aulhoriz9d in \he
StaI8lllC1 Cauntv eIoresaicl to take BdalOWIS~,lents, personally appearlld ... C
8b1IU.-n- 9nd ::h'~RT CH6I~ beingtha CE'O anc:I 0>...
of Palm Boacn Ca<rty HeaIIl1 CI@ pistrict. e Special Taxing District
argarizlld \lI'lcMr lI\e LBWs cI Flaricla, wl1o,.. 0ne!)S 11I'8 personally I<tlcl'4lIn to me; at
_ hiw9 prOIb:Id . ~vel's Iia!n98 as odenIifIc:aIion and wt10 did taka an OIllh and
aeknowtedged elCeaJling 1M _freely and voIunllrily tIMer BUthority vested Ily said
.' SpacIal TllIC Dillrict,
WITNESS my Mnd and Clll'lClal :seal in the Caunty lII1d SI8te lclentif\ed abcMllhil
~~oI H~V .1996. --
~...j. P...t?rl
tlotaty Pllll~ SlIIlI cI Florida
P...._: 8~fNllA t! 8f CK
CammIIIIlln ~:
r
;
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1(.'WORK'...eY-f\,IQGlIITAII;MCO' ,CAW
MIRh'~ ,.
2
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-- ... hi), CJ:2'I!ID
WI' . F.XP. I
""
eRa 9374 p, 1420
ExI1ibil A
Parc:all
Main C~mpus
Pan;:el 2
Main CampuS & South PlII1Qng
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0IlIl 9374"" 1421
EXHIBIT "A"
PARCEL 1
MAIN CAMPUS
A parcel 01 land in TraclS 14. 15, 16 and 19 ollhe subdivision of Seclion 33. TownSllip 45
SoUlh, Range ~ ea!l~ Palm Beach Countv, Flori~. llco:lOdillQ IClIlle pial lherilCll. as
rec:IOI'ded in Plat ~ 1. paga 4. Palm 8eactl Cot6lIy. Flotida. Public Rec:orels: s.aid parcel
of land being more particularly desgi!led as folloWS:
From the Intersection 0I1he No~sletty right of IImi line 01 Saao:rest Boulevard (alSO
known as ~.oe1l'aV School Road) with lI1e No/1tI line ('/f said Tract 14. run
~ elong said Nooll ,...ostarly r1<jt of WWjline, e diStance 01 572.39' to 1/18 point
01 beginning.
1hn:e, ear1inue~, aklng salel r1ghl alway lirw, a diSl8ll::e 01425.00'; II'Ience
Nonnweslerty. at right angles 10 said righl of way line, a distance of 67.28' 10 a point en
the east line 01 said Tract 19; sa1d point being a dislanc8 of 145.25' SOutherly 01 II'Ie
Nct1heasl e.orner of said Trad 19, as maasurad along the E.ast line 01 said IrllCl, lh~.
continue Northweslerly. a distanoe 01131.62' 10 !he pclnl 01 CUI1Iature of II curve 10 !he
right having a canlral angle elf 58'35'00" and a radius 0115.00'; Ihen:e. ~lerly.
along ItIa are 01 said CUlVe. a dlslanoe 0116.69' 10 ItIa point oIt!llIQllnc;y; lhenca Northerly,
aIcng a line langenl. to said CUlVa. a distance 013.35' to a point on the SCMAh line of said
Tt'ild 16; said pclnt being a distanee 011 so.oa WeslBrly 0I1lle SoIAheasl camet 01 said
Tract 18, as measured lleng the Soulh line oIBd lnIi:l: tt1fJI'lCll uning.... qa 01
U"Z4'OO". as measurvd from South 10 WIIS!, M Westertv, along II1e ScUh line 01 said
Tract. 1 e, a distance of 4ge.96'; thence. lumlng lIl1 angle of 91"01730", as mHSUI'ecI trem
East 10 North, run loIollh8tty a d1sl3rlc8 of 855.09' 10 the lntelS8Cllon IhereoI wiII\ !he Nolth
line of said Tract 18; thence Mnlng an angle of 811'51'30". as mu!U8Cllrom Sou\h to
Easl run Easterly. alclng Ihe North line II said Tract 18, a diSllnle 01 EiJOO.01'; ltll!Ince .
luning an angle ofSO"5TOl7'. IllIIIllJlIQHd m.n WaIllID SOUIh, M ~. a llisl8nCII
01150.00' lhettce, ha'ning an angle 01 9O"S7'OO", IS me8IUl'8d frlllI' ~ to EMt, lUl
!a9larly, a cI&lanclI arso.ol'totne ~_aec:IlCn lIlef80fwtlh the ElIlIIne GI said TI'8Ct 18:
tnence, tuming an angle 0190'57'00", II meluld from Will \0 SoIAh. l'\II'I ~,
along said east line. a c1illanca of 137.8T; 1hInca, turning an angle 11123"56"00", IS
measured from North to E.all run Soulheaslerty a dil"- of 353.22' '0 ll1e point of
beginning.
~ lals 1 Ihrcugh 4. bolh inclusive G1"Pin, Crall Ridge', , Subdivision in ltlI City 01
Bc~ BelIch. FIoricIaI. lICCIllrding 10 the PIm lhereof, .1 ,...o.4ed in PIal Book 24. ~
153. p*, 9u:tl Colny. Florida. Public R~. (PrcpaIy CanlrOl No Q8.43.4~.33-I()'
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~ LOIs 1, 2, 3, 4 and 5. Bloc.k 1 of'SIael'est HiAs. . a llib-dMslon in the City of
~lIon Beach, FIar1da, acx:ordlllglo the PIallhereaf, as I'lICCI'CIo.d In Plat Book 25. Page
74, Palm Beach CNty, FIor1da, PLtlIic Recon:II. (Propwty ConIrcl No. : As 10 LoIs 1 & 2.
C8 4345 330Hl01-OO10;As tQl,ds 3 & 4 .DB ~ 45-33-01.O)1.(1()3O; ~Io Lot 5 OB-43-
45-33-01.oo1.Q050)
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ore 9374 P91423
DOROll/V It 1/1LIIEN, CLERK fIB COUITY. FI.
PARCEL II
'Plalaf B.M.H. Property' according t<:llhe Pllllhereof as reoortBI in Plat Book 49,
I'ag8S 43 and 44, at the publie records or P81m Beech County, Florida.
SUBJECT TO a non4ltdusive easemsnt as aeatad by Parqaph 2 of that C8l1ain
Perldng Easement betNUn BellleSda Memcrtill Hos;lilal. Inc.. and BBtIl6Sda Building
Partnership, reccrded in OlllciaJ RIl;Qf'd BQOk 5427. page 1101. public rSCl:ll'ds at Palm
BElach COllIlly. Flortda f<:lr the IIUrposEl of pl!Irking vElhiclas. OVEll' and across the laneS
idantifle<l as the 'AI'EIa for Prcposad Parking Lot AdcIiliOn' in Ell!libiI 'A' to said parl<ing
Elas&menl.
.~, Hazeft 14, lt96
K,\NQRA\-8NR\lo>\al.rRlct\KAIM,LO~
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pUCll%, 2 or 2
,
III. CERTIFICATION
(I) ()Pt'€) understand that this application and all papers and plans
submitted herewith become a part of the permanent records of the
Planning and Zoning Division (I) ~ hereby certify that the abolle
statements and any statements or showings in any papers or plans
submitted herewith are true to the best of (my) ~ knowledge and
belief. This application will not be accepted unless signed according to
the;;;;:;;; 1M
if - y ~() 7..-
IV.
Signature of Applicant Date
Authorized Principal if a corporation or other business entity.
AUTHORIZATION OF A~NTA
C{:(M f/f-OJ
Signature of Authorized Agent Date
(I) (~ hereby designate the above signed person as (my) (our)
authorized agent in regard o,this pplication.
-0 'Z-
Signature of Applicant Date
or Authorized Principal if a corporation or other business entity.
,."",Mre~.~42'i07'i~M L~~~~~.CllHl:..
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(I) (We) llIl~atod1d 1tlat 'th18 apprlCdon and all ~pet8 and plene
umitted hll~ ~ I JI8lt cI the permanatIt. r~ cI h
Planning and Zaning ~on (\) (We) hereby aerlIfy that 1ha aboVe
ctaml'rleID and at't'f .banlantI or IWoWlnos in arw papers or plan.
autlmitfecl herewiIl'I. are true t\)'1tlIl belt of (my) (o~ k'noWIq. and
belief.. This _h.odIcr, will not be <<e:cepIBd unIee8 s1gn.ecl accorclIng tc
. Ute in8IructionlS H"""'.
N.
~~~
SitMture of OWt*(.~rTru8le" of
AuthoriZed Princlp8I if prvpe~ III owned by .
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SfplUl8d ~'Agent
rn,,\\'" " USO"T Io'l'd ,
4. -<2.-0;). ..-
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Data
(I) (We) t1al'ltly dllllign&le ti'le .ve eW'Ied person as (1tIY) (O\Ir)
aUlhorlzed 18~ in ~ 1l:IfhIa application,
{-1:J!'() J
Date
.~.~~.
Slghldu/:eof 0Wner(.) t1fTn-t.. .
or Al.I\horiZIId Principal if ~ II cwnad
by a corporation or oIhet ausiJ1esa entity,
".
"
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1-?'V ji'.1
MAR, 20, 2002 3:01?M
KILD~~ & ASSOCIATES
NO, 185
p, 2
III. CERTIFICATION
(I) rNe) understand that this application and all papers and plans
submitted herewith become It part of the permanent records of the
Planning and Zoning DMsion (I) rNe) 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 instructl below.
Date
IV.
Al1J'1ORtzATlr.
~Or
CHRIS RR ..
Signature of Authorlzed Agent
KILDAY & ASSOCIATES
t{ .ft ~
Date
ereby designate the above signed person as (my) (our)
gen in regard to this application.
Date
4
P.4/91
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""""'.",
PARTIES; Sintilien Georqes r'Seller"\.
Qf 2706 S. "Ii'. 40th. Street. BQynton Eeach. FL 334035 (Phone)
ana Bethesda Memorial Hoscital, Inc.a Florida not-far-profit corcoration ("Buver"):
of c/o Joel T. Strawn, Esq. ,54 N.J::. 40th Ave, Delrav Eeach. FL (Phone) 561-278-9400
hereby agree that Seller shall sell and Buyer shall buy the following descrtbed real property and personal property (collectively
"Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("CQntract"):
I. DESCRIPTION:
(a) Legal descrlptiQn Qf the Real Property located in Palm Beach County, Florida: Lot 7, Block 1, of
Seacrest Hills, acoording tQ the Plat thereof recorded in Plat Book 25, Page 74, of the
public Records of Pa~ Beach Countv, Florida.
(blSrreetaddress.citv.zip.QfthePropertvis: 2706 S. W. 4th Street. Bovnton Beach. FL 33435
(c) Personal Property:
Attached items, inoluding fixtures, built-in fu "nqs, major appliances, ceiling fans,
Ii ht fixtures attached wall to wall ca etin .
II. PURCHASE PRICE; . . . . . . . . . . . . . .. . . .. . . .. . . . . .. . . .. . . .. . .. . . . . . .. . . . . . . . . .. . . . . .. S 160 ,000.00
PAYMENT:
(a) DepQsit held in escrow by Strawn. Monaqhan .. Cohen, P. A. (EscrQW Agent)
in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000.00
(b) Additional escrow deposit to be made to Escrow Agent within days after Effective Date
(see Paragraph III) in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(c) Subject to AND assumption.of existing mortgage in good standing in favor of
having an approximate present prtncipal balance of $
(d) New mortgage finanCing with a Lender (see Paragraph IV) in the amount of . . . . . . . . . . . . . . . . . . $
(e) Purchase money mortgage and note to Seller (see rider for terms) in the amount of . . . . . . . . . . . . $
(f) Other: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(g') Balance to close by U.S. cash or LOCALLY DRAWN cashie~s or official bank check(s), subject to
<ldjustments or prorations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . S 150,000.00
III. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE: FACSIMilE: If this offer is not executed by an 'v red to all parties
OR FACT OF EXECUTION communicated in writing between the parties on or before march 1 2002 . the
deposit(s) will. at Buye~s option. be retumed and this offer withdrawn. For purposes of delivery or notice of ecution. parties include
Buyer and Seller or each of the respective brokers or attorneys, The date of Contract ("Effective Date") wiil be the date when the l<lst
one of the Buyer and Seller has signed this offer. A facsimile copy of this Contract and any signatures hereon shall be considered for
all purposes as an original.
IV. FINANCING:
!!l (a) This is a cash transaction with no contingencies for financing;
o (b) This Contract is conditioned on Buyer obtaining e written loen commitment within _ days <lfter Effective Date for (CHECK
ONLY ONE): 0 a fixed; 0 an adjustabie; oro a fixed or adjustable rate loan in the principal amount of $ . at an
initial interest rate not to exceed %. discount and origination fees not to exceed %
of prtncipal amount, and fer: a term of years. Buyer will make application within _ days (5 days if left blank) after Effective
Date and use reasonable diligence to obtain a loan commitment and, thereafter. to satisfy terms and conditions of the commitment
and close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain a commitment or fails to waive Buyers rtghts under this
subparagraph within the time for obtaining a commitment or. after diligent effort, fails to meet the terms and conditions Qf the
commitment by the closing date. then either party thereafter, by wrttten notice to the other, may cancel this Contract and Buyer shall
be refunded the deposit(s); or
o (c) The existing mortgage, described in Paragraph lI(c) above. has: 0 a variable interest rate: or 0 a fixed Interest rate of
% per annum. At time of title transfer. some fixed interest rates are subject to increase; if increased, the rate shall not exceed
% per annum. Seller shall fumish a statement from each mortgagee stating the principal balance, method
of payment. interest rate and status of mortgage or authorize Buyer or Closing Agent to obtain the same. If Buyer has agreed to
assume a mortgage which requires approval of Buyer by the mortgagee for assumption. then Buyer shall promptly obtain the
necessary application and diligently complete and return it to the mortgagee. Ar1y mortgagee charge(s). not to exceed
$ (1 % of amount assumed if left blank), shall be paid by Buyer. If Buyer is not accepted by mortgagee or the
requirements for assumption are not [n accordance with the terms of this Contract or mortgagee makes a charge in e;xcess of the
Slated amount. Seller or Buyer may rescind this Contract by written notice to the other party unless either elects to pay the increase in
interest rate or exceSS mortgage charges.
V. TITLE EVIDENCE: At leaot1S days before closing date, (CHECK ONLY ONE): 0 Seller shall, at Selle~s expense. deliver tQ
Buyer or Buyer's attorney; orrg Buyer shall at Buyer's expense obtain (CHECK ONLY ONE): 0 abstract of title; or is title insurance
commitment (with legible copies of instruments listed as exceptions attached thereto) and. after closing, an owner's policy of title
Insurance.
VI.ClOSING DATE; This transaction shall be closed and the closing documents delivered
on Saa attached Addandum . unless modified by other provisions of this Contract
Buyer ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page.
FAR/BAR-S Rev. 919!, (.ic:et'\9.ed to AIEa Star. Use! Re 423J6, Softwars & 3dded fonn;nlng ~ 2000 Alta Star Software, Inc.(305) 279.SB911
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VII.RESTPICTlONS; EASEMENTS: L1MITAT'~'lS: Buyer shall take title subject to: comprehe~.ive lan(! use plans, zonif.,;?!..~trictions,
p;;;'hicitions and other requirements imp' by govemmental authority; restrictions and ers appeartng on the plat or otherwise
, common. to the subdivision: outstanding .~., gas and mineral rtghts of record without rtght anby; public utility easements of record
(easements are to be located contiguous to real property lines and not more than 10 feet in width as to the reBr or front lines and 71/2
feet in width as to the side lines. unless otherwise stated herein); taxes for year of closing and subsequent years; assumed
. mortgages and purchase money mortgages. if any (if additional items. see addendum); provided. that there exists at closing no
violation of the foregoing and none prevent use of the Property for see attached AcIdandum purpose(s).
VIILOCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but if Property is intended to be rented or
occupied beyond closing. the faet and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller
shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy is to be delivered before
closing. Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that
date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated
herein.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all
printed provisions of this Contract in conmet with them.
X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract):
o COMPREHENSIVE RIDER 0 HOMEOWNERS' ASSN. 0 COASTAL CONSTRUCTION CONTROL LINE
o CONDOMINIUM 0 "AS IS" 0 INSULATION
o VNFHA 0 LEAD-BASED PAINT 0
XI. ASSIGNABILITY: (CHECK ONLY ONE): BuyerO may assign and thereby be released from any further liability under this Contract;
(1!I may assign but not be released from liability under this Contract; or 0 may not assign this Contract
XII.DISClOSURES:
(a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quanUties may present health risks
to persons who are expos~d to it over time. Leveis of radon that exceed federal and state guidelines have been found in buildings
in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit.
(b) Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System Brochure.
(c) If the real property includes pre-1g78 residential housing then a lead-based paint rtder is mandatory.
(d) If Seller is a "foreign person" as defined by the Foreign Investment in Real Properly Tax Act, the parties shall comply with that Act.
(e) If Buyer will be Obligated to be a member of a homeowners' association. BUYER SHOULD NOT EXECUTE THIS CONTRACT
UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION DISCLOSURE.
XIII.MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of:
(a) $ 0.00 for treatment and repair under Standard D (if biank, then 2% of the Purchase Price).
(b) $ 0.00 for repair and replacement under Standard N (if blank, then 3% of the Purchase Prtce).
XIV. SPECIAL CLAUSES: ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE ~
XV. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W on the reverse side or attached are incorporated as a
part of this Contract
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADViCE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does no! constitute an opinion thaI any aftha terms ana condWofJ,s in rnJs Contrac! shoufd be accepted by tflQ parties in a particulsr transeJction, Terms
and conditions should be negotiated based upon the respective interesrs. objectives and bargaining positions of aI/Interested persons.
COPYRIGHT 1998 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS. ALL RIGHTS RESERVED.
(Buyer) By: Joa~ T. Strawn, Sa".
Social Security or Tax ID. #
Deposit under Paragraph lI(a) receiCed:' F
SUBJECT TO CLEARANCE: \~',
Str n, MOnagHan & Cohen, P.A.
BROKER'S FEE: The brokers nam d below, including listing and cooperating brokers, are the only brokers entitled to compensation in
connection with this Contract:
(Date)
(Seller) (Date)
Social Security orTax ID.;'I.J:!.} -;$'1 - <tt...l<:.
(Escrow Agent)
Name: None
Cooperating Brokers, if any
listing Broker
FARlBAR-S Rev. 8198. Licensed to Alia Star. User Reg#: '442338.
Software and Added Formattlng@ 2000 Alta Star Software. Inc. All Rignts Roserved. (305) 279-8898
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Comprehensive Rider to the:
FAR/BAR Conl~act for Sale and Purchase
If Initialed by all parties. the clauses below will be incorporated into the FAR/BAR Contract for Sale and Purchase between
Sintili.en Georaes (Seller)
and Bethesda Memorial Hospi ta.l. Inc. a Florida. not-for-'Orofi. t eorooration (Buyer)
concerning the Properly described as: Lot 7, Slock 1, of Seilcrest Hi.lls, ilccordi.ng to the Plat thereof
recorded in Plat Soak 25, Paae 74, of the Publi.c Records of Palm Beach County, Florida.
"AS IS"
Buyer's initials - Seller'S Initials: If to be made a part of the Contract.
( )( )-()( )
1. Seller's Warranties and Representations: Obligations with Respect to the Property Limitations
(a) Paragraph XIII and Standard D and Standard N are deleted.
(b) This Rider does not relieve Seller's obligations under Standard W for facts kMwn to Seller. However. except as
required in this Rider and in Standard W. Seller extends and intends no warranty and makes no representation of any
type, either express or implied, as to the physical condition or history of the Property.
(c) Seller has received no written or verbal notice from any governmental entity or agency as to a currently uncorrected
building, environmental or safety code vioiation.
(d) Subject to the provisions and limitations of this Rider, Buyer waives any claims against Seiler and, to the extent
permitted by law, against any licensee involved in the negotiation of the Contract. for any defects or other damage that
may exist at closing of the Contract and be subsequently discovered by the Buyer or anyone claiming by, through. under or
against the Buyer.
2. Inspection Period and Right to Cancel.
(a) Buyer shall have days from Effective Date ("Inspection Period") within which to have such inspections of
the Property performed as Buyer shall desire and utilities shall be made available by the Seller during the Inspection
Period.
(b) Buyer shall be responsible for prompt payment for such inspections and repair of damage to and restoration of the
Property resulting from such inspections. This provision shall survive termination of the Contract
(c) If Buyer determines, in Buyer's sole discretion. that the condition of the Property is n.ot acceptable to Buyer. Buyer
may cancel the Contract by delivering facsimile or written notice of such election to Seller within 48 hours after expiration
of the Inspection Period. If Buyer timelY cancels the Contract. the deposit(s) paid shall be immediately returned to Buyer,
thereupon. Buyer and Seller shall be released of all further obligations under the Contract. except as provided in
subparagraph 2(b), above.
3, Maintenance.
Seller shall maintain the Property. including, but not limited to, the lawn, shrubbery and pool. if any. in their respective
conditions, existing as of the end of the Inspection Period, ordinary wear and tear excepted. Buyer shall be permitted
access to the Property prior to closing, with utilities provided by Seller. for a walk-through to confirm that all items of
Personal Property are located on the Real Property and that the Property has been maintained in accordance with the
provisions of this paragraph.
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.A5.jS~, Form FBCR-2 12198 C 199B Florida Assoelstlon of REAl. iOR$@ An RIQnts R.eserved, I'age 1 of 1,
Licensed to Alb Star. User Reg!!' 1442:::!3B. Softw""f8 and Added ForlTlattlng ~ 1889 AltI Star S<lftware. In~ All R1Uhtli RueNed. (30.5) ~7g-aagll
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STN'''A.RDS FOR REAL ESTATE TRANSACTIO'''~
A. EVIDENcE OF TITLE: (1) An abstract of title "ed or brought current by a reputable and axist; JStract firm (if not existing tnen certified as
cquect by an existing firm) purporting to be an a.. ...rate Synopsis of the instruments affecting title to th.. .:lal property recorded in the public records of
the county wherein the real property is located through EffectIve Date. It shall commence with the earliest public records, or such later date as may be
'customary in the county. Upon closing of this Contract, ~he_ abstract shall become the property of Buyer. subject to the right of retention thereof by first
mortgagee unW fully paid. (2) A title insurance commitment Issued by a Florida licensed title insurer agreeing to issue Buyer, upon rer-...ordil'1g of the deed
to Buyer. an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to the real property, subject only to liens,
encumbrances, exceptions or qualifications provided in this Contract and those to be discharged by Seller at or before closing. Seller shall convey
ma.rketable title subject only to liens. encumbrances, exceptions or qualifications provided in this Contract. Marketable title shall be determined
according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law, Buyer shall have 5 days from date of
receiving 8\iidence of ritle to examine it If title is found defective. Buyer shall within said 5 days notify Seller in writing specifying the defect(s). If
defect(s) render title unmarketable, Seller will have .30 days from receipt of notice to remove the defects. failir,g which Buyer shail. WIthin five (5) days
after expir;;Hion of the thirty (30) day period, deliver written notice to Seller either (1) extending the time for a reasonable period net to exceed 120 days
within which Seller shall use diligent effort to remove the defects: or (2) requesting a refund of deposit(s) paid which shall be Immediately returned to
Buyer. If 8uyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketa.ble, use
diligent effort to correct defect(s) within the time provided therefor, If Seller is unable to timely correct the defects. Buyer shall eIther waIVe the defects,
or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obliganons under this Contract If evidence of tille is delivered 10
Buyer less than 5 days prior to doslf'l9, Buyer may extend closing date so that Buyer shall have up to 5 days from date of receipt af evidanca of title to
~xamine same in accordance with this Standard.
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall
proVide for a 30-day grace period in the evant of default if a first m~rtgage and a 15-day grace periOd if a second or lesser mortgage: shall provide for
right of prepayment in whole or In part witnout penalty; shall pel mit acceleration in event of transfer of the real property; shall require all prior liens and
encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s); shan require Buyer to maintain
policies of insurance containing a standard mortgagee clause covering aU improvements located on the real property against fire and all perils included
Within the term "extended CQverage endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest
insurable value; and the mor19age, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require
clauses and coverage customarily found in mortgages. mortgage notes and security agreements generally utilized by savings and loan Institutions or
state or natlonal banks located In the county wherein the real property is located. All personal property and leases being conveyed or assigned will, at
Seller's option, be subject to the lien 'of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the tinal payment wiH
exceed the periodiC payments Ihereon.
C. SURVEY: Buyer, at Buyers expense, WithIn time allowed to deliver evidence of tine and ta examine same. may have the real property sUNeyed and
certified by a registered Florida surveyor. If the surv-ey discloses encroachments on the real property or that improvements located thereon encroach on
setback lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall
constitute a title defect.
P.7/9
'-
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Property inspected by a Florida Certified Pest Control Operator ("Operator") to determine if there is any visible ac+jve t ' " _' n or visible
damage from termite infestation, exdudlng fences. If either or Mth are found, Buyer shall have 4 dayS fi r"', ' an notice therecfwithin which to~
have cost of treatment, if requIred, estimated by the Operator and all damage ins aled by a licensed builder or general contractor, Selle
shall pay valid costs of treatment and repair of all dama e u provided in Paragraph XIII (a). If estimated costs excBed that amount. Buye
sht3l1 have the option of canceling this days after receipt of conlractor's repair estimate by giving written ,'otica ~o Serrer or 8uyer may
elect to proceed ' c Ion and receive a credit at closing on the amount provided in Paragraph XlIl(a). "Termites" shall be deemed to Include
.. . 0
E. INGRESS AND EGRESS: Seller warrants and represents :hat there is ingress and egress to the real property sufficient fo;, its imer:de:d use as
described in Paragraph VII hereof, title to which is in accordance with Standard A.
F.1.EASES: Seller shall, not less than 15 days before Closing. furnish to Buyer copies of all written leases and estoppel letters from each cenant
specifying the nature and duration of the tenant's occupancy, rental rates. advanced rent and security deposits paid bY tenant It Seller is unable to
obtain such letter from each tenant. the same information shall be furnished by Seller to Buyer Within that time period in the form of a Ssller's affidaVIt,
and Buyer may thereafter contact tenant to contirm such information. Seller shall, at closing, deliver and assign aU original leases to Buyer,
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing
statement, claIms of lien or potentiallieners known to Seller and further attesting that there have been no improvements or repairs to the real property
for 90 days immediately preceding date of closing. If the real property has been improved or repaired within that time. Seller shall deliver releases or
wail/ers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's tien affidavit setting
forth the names of a.1I such general contractors, subcontractors, suppliers and materialmen, further affirmIng that all charges for improvemen1s or repairs
which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid a.t the dosing of this Contract
H. PLACE OF CLOSING: Closing shall be held in the county wherein the real property is located at the office of the attorney or other dosing agent
("Closing Agent") designated by SeUer.
I. TIME: In computing time periods of less than six (6) days, Saturd3Ys. Sundays and state or natienallegal holidays shall be excluced, Any time periods
provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m, of the next business day. Time is of the
6ssenoe In this Contract.
J. CL.OSING DOCUMENTS: Seller shall furnIsh the deed, bill of sale. construction lien affidavit. OW'ner's possession affidavit, as.signments of leases,
tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish Closing statement, mortgage, mortgage e, s ;'rfty agreement
and financing statements. Buyer '"
K. EXPENSES: Documentary stamps on the deed and recc.rding of corrective instruments shall be paid by ~. Docu nt,
tax on the purchase money mortgage and any mortgage assumed, mortgagee title insurance commitment with related fe d recording of purchase
money mortgage to Seller, deed and nnanclng sb::ltements shall be paid by Buyer. Unless otherwise provided by law or rider this, Contract. charges for
lhe following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall ::13 paid by the party
responsible for furnishing the title evidence in accordance WIth Paragraph V.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, IntE.rest, insurance and other expenses of the Property shall be prorated tMraugh the day
before closing. Buyer shall have the option of taking over exIsting policies of insurance, if assumable. in which event premlums shall be :-rorated, Cash
at closing shall be increased or decreased a.s may be required by proraticns to be made through day prior to closing, or occLJpancj, if occupancy accurs
before closing. Advance rent and security deposits will be credited to Suyer. Escrow deposits held by mortgagee WIll be credited :0 Seller. Taxes shall
be prorated based on the current year's tax with due allowance made for maximum allowable discount. homestead and other exemptions. If closing
occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be proratea based upon such
assessment and prIor year's mlllage. If current year's assessment is nO! 3vailable, then taxes wilt be prorated on prior year's tax. If there are completed
improvements on the real property by January 1st of year or closing. which Improvements were net in eXIstence on January 1 st of prior year. then taxes
shall be prorated based upon prior year's millage and at an equitable assessment to be agreed upon between the parties; failing which, request shall be
made to the County Property Appraiser for an informal assessment taking into account available exemotions, A tax proration based IJn an estimate
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Buyer. ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this pago.
FAR./BAA..5 Revised El/98 (tl1996 Tr.e Florida ear an loqi seociatlol'1 01 Raaltor$lll. '.Icsnsed 10 Alt:! Star SOftw3f'8 fJ05) %7~89!1_ User Rsg#: 1442238.
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M. SPECIAL ASSESSMENT l.IENS: Certified. C'" -~med and ratified special assessment liens as af d? ,f closing (not as of EffGcti~'3~l~ are to be
paid DY S'~ller: Pending liens as.of date of closin. .11 be assu~ed by Buyer. If the Improvement has t 3ubstantially completed as of Effective Date.
apy pendlll'lg lien shall be considered certIfied, t.. .Ilrmed or ratified and Seller shall, at closing, be cl,_.':jed an amount equal to the last estimate or
assessment for the improvement by the public body.
foundation, seawall,s (or equivalent) and dockage ~o not h~ve any Visible Evid~nce of leak3, water damage or structural damage and that ptic
ta.nk, pool, all apP~la!'lces, mec~anlcal lte~s. heetlng. coolln~, electrical, ~lumblng systems and machinery are in Working Conditio e forElgoing
warranty shall be limIted to the Items speCIfied unless otherwIse provided In an addendum. Buyer may, at 8uye(s expense, h spections made of
these Items within 20 days after the Effective Date, by a firm or individual specializing fn home inspections and holdin cupational license for such
purp~e (if required) o.r by ~n appropriately li~nsed FlorIda contractor, and Buyer shall. prlar to Buyer's OCCU but not more than 20 days after
EffectIVe Date. report In wntlng to S~lIer suc;h ~tems that,da not meet the above standards as to defe . ~ nless Buyer timely reports such defects,
Suyer shall be deemed to have waNed Seller s warrantIes as to defects not reported_ If rep. r replacamenl:s are required to comply with this
Standard, Seller shall cause them t? be made and shall pay up 10 the amount provided. Qr?graph XIII(b). Seller is not required 10 make repairs ot'
replacements of a CosmetIc Condition unless caused by a defect Seller IS resp e to repaIr or replace. If the cost for such repair or replacement
exceeds Ihe amount provided in Paragraph XIII(b), Buyer or Seller may e pay such excess, failing which either party may cancellhis Contract. I
Seller is unable to correct the defects prior to closing, the cost ther all be paid into escrow at closing. Seller shall, upon reasonable notice, provide
utilities service and access, to the Property f~r inspections . _ mg a ,walk.thrcugh prior to dosing, to confirm that all items of personal properly are on
the real property and. subject to the foregOing, th reqUired repairs and replacements have been made and that the Property, including, but not
limited to. lawn, shrubbery and pool. if an 8en maintained in the condition existing as of Effective Date, ordinary wear and tear excepted. For
purposes of this Contract: (a) ''War' ondition" means operating in the manner in which the item was designed to operate; (b) "Cosmetic ConditIon"
means aesthetic imperiectlo do not affect the working condition of the item. ]ncluding, but not limited to: pitted marcite; missing or torn SCreens:
fogged windOWS; tea rn spots, or discoloration of floor coverings, wallpaper, or window treatments: nail holes, scratches, dents. scrapes, chips or
caulking in " . walls, flooring, fIXtures, or mirrors; and minor cracks In floors, tiles. windows, drJvsways, sidewalks, or pool decks; and (c) cracked
roof ti -;0. urling or worn shingles, or limited roof life shall not be consldered defects Seller must repair or replace, so long as there Is no evidence of
I ; .',. ...... .
o. RISK OF LOSS; If the Property is damaged by fire or other casualty betore Closing and cost of restoration does not exceed 3% of the assessed
valuation of the Property so damaged. cost of restoration shall be an obligation of Seller and closing shall proceed pursuant to the terms of this Contract
with restoration costs escrowed a.t closing. If the cost of restoration exceeds 3Q/Q of the asssssed valuation of the Property so damaged, Buyer shall
have the option of either laking the Pfoperty as is, together with eith/iLr the 3'% or any In.5uranca proceeds payable by virtue of such toss or damage, or of
canceling this Contract and receiving return of the depesit(s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abslract of title has been furnished,
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or ctlange which would render Seller's title
unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow
agenr for a period of not more than 5 days after closing date. It Seller's title [s rendered unmarketable, throuQn no fault of Buyer, Buyer shall. within the 5-
day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If SeHer falls to
timely cure the defect, all depaslt(s) and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and.
simultaneously with such repayment, Suyer shall return the personal property. vacate the real property and reconvey the Property to Seller by speclal
warranty deed and bill of sale. If Buyer falls to make timely demand for refund. Buyer shall take'title as is. waiving aU rights agarnst Seller as to any
intervening defect except as may be available to Buyer by virtue of warranties c;ontained in the deed or blJl of sale. If a portion of the purchase price Is to
be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing. and for
disbursemsnt of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the nght to require from the lending institution
a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The
escrow and closing procedure required by this Standard shall be: waived jf the title agent Lnsures adverse matters pursuant to Section 627,7841, F.S.. as
amended.
Q, ESCROW: Any escrow agent ("Agent") receivlng funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly. hold
same in escrow and. subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failura of funds to clear shall not
excuse Buyer'S performance, If in doubt as to Agent's duties or tiabirJties under the provisions of this Contract, Agent may, at Agent's option, continue to
hold the subject matter of the esc;row untJl the parties hereto agree to its disbursement or until a judgement of a court of competent jurlsdiction shall
determine the rights of the parties. or Agent may deposit same with the clerk of the circuIt court having jurisdiction of the dispute, Upon notifying all
parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accountlng for any items prevrously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475. F,$" as amended. Any suit betINeen Buyer
and Sellar wherein Agent is made a party because of acting as Agent hereur'1der, or in any SUit wherein Agent interpleads the subject matter of the
escrow. Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and out of the escrowed funds or
equivalent and charged and awarded as court costs in favor of the prevailing party The Agent Sh3U not be liable to any party or per$on for misd~llvery to
Buyer or Seller of items subject to the escrow, unless such misdelivery is due to willful breach Of the provisions of thIs Contract or gross negligence of
Agent.
R. ArrORNEY'S FEES; COSTS: In any litigation, induding breach, enforcement or interpretation. ari:;ing out of this Con.tract, the prevailing party in
such litigation. which. for purposes of this Standard, shall include Seller. Suyer and any brokers acting in agency or nonagency relationships authorized
by Chapter 475. F.S.. as amended. shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses.
S. FAILURE OF PERFORMANCE: If Buyer fails to perform thIs Contract within the time specified, including payment of all deposits, the deposit(s) paid
by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages,
consideration for the axecution of this Contract and in full settlement of any claims; whereupon, Buyer 3nd Sel1er shall be relieved of all obligattons
under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Sellerls rights under this Contract If for any reason other than failure
of Seller to make Sellers title marketable after diligent effort. Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific
pertorrnance or elect to receive. the retuTr"1 of Buyer's deposit(s) without thereby waiving any acHon for damages resulting from Seller's breach.
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contracl nor any notice of it shall be recorded in any public recerdS.
Tllis Contract shall bInd and inure to the benefit of the parties arrd :heir successors in Interest. Whenever the context permits, singular shall Include
plurai and one gender shall include all. Notice given by or to the attorney for 3ny party shall be as effective as if given by or to that party.
U. CONVEYANCE; Seller shall convey title to the real property by statutory warranty, trustee's, personal repr9sentative's or guardian's deed, as
appropriate to the status of Seller, subject only to matters containQd. in Paragraph VII and those otherwise accepted by Buyer, Persona,l prope~ sh~lt,
at 'he request of Buyer, be transferred by an absalute bill of sale WIth warranty of 1ille, subject anly to such matters as may be otherwIse provldea Tor
herein.
V OTHER AGREEMENTS: No ~:lrlor or present agreements or reoresentations shall be binding upon 8uyer or Seller unless included i~ lhi~ Contract.
No modification to or change in this Contract shall be valid or bindil"lg upcn the partIes unless in writing and executed by the par:y or partIes Intended to
be bound by it.
W. WARRANTY: Seller warrants that lhere ar;) no fad.:: known to Seiler ma:erial1y 3fiecting the '/31L:e of ~~e Property which are net readily observable
by Buyer or whIch have not been d~sclosed to 8~ r,
Buyer ) I ) and Seller I ) ( ) acknowledge receipt of a copy ofthis page.
FARJBAR.S Revised a/9B ~ 1996 The FloriQa Sar and 0 ASSoCiWon of RS31l0r"5'!l. Licensed to A.lfa Star SQ~ara (105\ :79.~a91l. User RGg;;l,: 1442333
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P.9/9
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE BY AND BElWEEN SINTILIEN
GEORGES ("SELLER") AND BETHESDA MEMORIAL ~SPITAL, A FLORIDA NOT.FOR.
PROFIT CORPORATION, ("BUYER") DATED THE jtl__ DAY OF lid f'~ 4 .2002,
~======:===~===~=;=~=====.============-============================
The parties hereby agree to the following changes to the Contract between the parties:
1. VI. CLOSING DATE: Buyer's obligation to close hereunder is expressly conditioned upon
Buyer, at Buyer's expense. applying for and obtaining rezoning or change of land use of the
described Property to the zoning or land use category for parking and hospital related
purposes. Buyer agrees to promptly apply for and diligently pursue said'rezoning or
amendments. The closing shall occur, and the closing documents delivered, within fifteen
,
(15) days following final rezoning approval and if applicable land use change. Seller agrees
to execute such authorizations. or other documents, as may be required by the zoning
authority to.evidence Seller's consent to such rezoning. ~
2. VII. RESTRICTIONS; EASEMENTS: LIMITATIONS: " . . . that exists at closing no violation
of the foregoing and none prevent the use of the Property for parking and hospital related
purposes"
3. SPECIAL CLAUSES:
a. AS IS: This is an "AS IS" transaction and Paragraph XIII and Standard D and
Standard N are deleted.
b. NET SALE: It is the intention of the parties that this contract shall be NET
to Seller, after payment of any outstanding mortgages, liens orthe like on the
Property, with all closing costs paid by Buyer (to-wit: recording the deed and
mortgage. revenue stamps on the deed. intangible tax on the mortgage,
documentary stamps on the note and the cost of the title insurance,
4. In all other respects the Contract, as amended by this Addendum, is ratified and confirmed.
Seller: Buyer:
/~;r 13-#'
Sintilien Georges
Date:
Bethesda Memorial Hospital, a Florida not for profit
corp~~on ~
By: ~J/~~
/' Joel . Strawn, Sec.
Date: $;J.t/.:f ~
K:\JTS FileslBMHlgeOrgesladdendum.wpd
Page 1 of 1
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~iCOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE BY ANO B=rwEEN
SINTl...IEN GEORGes ("SELL~R")AIiID BETHESDA MIMO~OSPITAL, A~~ANOT.
FOR-PI\ClFIT CORPORATlON, ("BUVE~) DATED THE II~#YDAY OF If44r .
2002. . , .
===-=:::=====.. "'e!S~===-....____==___=-____""'WI!!I~ =~ ~=~_ __
The PQrtles hereby agree to 1tle following additional changes to 1tle Contract betwean the parties:
. 1, I. (c) Section r, (c) is hereby daleted in its entirety and i/'llleu th~f the foll~wing shalf
be added,
2.
PERSONAL PROPERlY: SellershalJ have the rfght to remove all personal property
from the Property, includrns. but not lImited to, major appliances and ceiling fans,
However, any persgnal pmperty not r;moved by SeHer pliorto SeUmr's vacating the
Prepe~ shaff become the property gfthe Buyer,
SectIon III shall be revIsed alii fClllows:
Ill.
SELLER'S TIME FOR ACCEPTANCE or OFFER; E~FEC11VE CATEi
FACSIMILE: shall be within three (3) days of Buyer's !!X8cut!on of tl'lrs Addendum.
The remaining portion of Sectfon III of the Ccntract sharr remain the same.
3. VI. Section VI, is hereby delemd 1/1 its entirety and in Heu thereof the following .shall be
added.
4.
Cl081NG DATE: Suyar's obligation to close hereunder is IiXpressly CCI1lditioned
upon Buyer, at Buyer's expense, appfyfng for and obtaining rezgning or Change of
land USe of the described ':>rcperty to the zonIng or land use categoty for plilrklng
and hospital related purposes. Buyer agrees to promptly apply for and diligently
pursue said rezonIng or amendments. The clOSing shall occur, and the closing
dClcuments delivered. on or before six (6) months after Seller Is notltled in writing
by Buyer of the final rezonIng approval, and, if appJicabl../and use changlB. Seller
agrees to exeClJte such alJtilorizatiClns. or other documents, as may be requin;d by
the zoning authority to evidence Seller's ccnsent to Such rezoning.
Section VII shall be revised as following:
VII. RESTRICTIONS; EAS~ENTS; UMITATIONS; · , , . that exists at closing no
violatlen of the foregelng and none prevent the use of1he Property for parklng and
hospital related pUlpcses,'
s.
SPECIAl. CI.AUSES:
A. AS IS: This is an "AS rs' transaction and P~ragraph XUI and Standard D
and Standard N are deleted. &3
Page 1 of 2
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B. NET SALE: It is the intention of the parties that this ccntractshall be
NET to Seller, after payment of any outstanding mortgages, liens or
the like on the Property. with all closing costs paid by Buyer (to-wit:
recording the deed and mortgage, revenue stamps on the deed,
intangible tax on the mortgage, documentary stamps OM the note and
the cost of the title insurance.
6. In all other respects the contract, as amended by this Aadendum, Is ratified and confirmed.
Seller: . Buyer:
Bethesda Memorial Hospital, a Florida net for profIt
corporal" on
r:9/~-+,(~- ~D~'
Sinulien Georges
Date:
By:
Page 2 of 2
Page 2 of 2
THIS FORM HAS BEEN APPROVED BY T' "LORIDA / U //
A':SCCI~TION.<:F ~EAL:O~~@~ND.T' _ORIDA BAR. / 0 /}'~,)/
I'
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PARTIES: Jesus Santiaao and Joan M. Santiaao, husband and wife ("Seller"),
of 2710 s. W, 4th Street, Bovnton Beach, FL 33435 (Phone) ,
and Bethesda Memorial Hospital, Inc.,a Florida not-for profit cOrP. ("Buver"),
of c/o Joel T. Strawn,Esq., 54 N.E. 4th Ave" Delrav Beach, FL (Phone) 561-278-940Q
hereby agree that Seller shall sell and Buyer shall buy the following described real property and personal property (collectively
"Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"):
I. DESCRIPTION:
(a) legal description of the Real Property located in Palm Beach County. Fiorida: Lot 8, Block
Seacrest Hills, according to the Plat thereof recorded in Plat Book 25, Page 74,
Public Records of Palm Beach County, Florida.
(b) Street address, city, zip, of the Propertv is: 2710 S. W, 4th Street, Bovnton Beach, FL 33435
(c) Personal Property:
Attached items, including fixtures, built-in furnishings, major appliances, ceiling fans,
liaht fixtures, attached wall to wall caroetina,
II. PURCHASE PRICE:
PAYMENT:
(a) Deposit held in escrow by Strawn, Monaahan & Cohen. P .A. (Escrow Agent)
in the amount of . . . , . . . . , . . . . , . . . . . . . . . .. . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(b) Additional escrow deposit to be made to Escrow Agent within days after Effective Date
(see Paragraph III) in the amount of . , , , . . . . . . . . . . . . . . . . . . . , , , , . , . , . . . . . . . . . . . . . , . . .. $
(c) Subject to AND assumption.of existing mortgage in good standing in favor of
having an approximate present principal balance of $
(d) New mortgage financing with a lender (see Paragraph IV) in the amount of . . . . . , . . . . . . . . . . , . $
(e) Purchase money mortgage and note to Seller (see rider for terms) in the amount of . . . . . . . . . . . . $
(f) Other: ........,..............,............".,...................,............ $
(g) Balance to close by U.S. cash or lOCAllY DRAWN cashier's or official bank check(s), subject to
adjustments or prorations . . . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..... $
1, of
of the
........... $
200,000.00
10,000.00
190,000,00
III, TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this offeris not executed by and delivered to all parties
OR FACT OF EXECUTION communicated in writing between the parties on or before Februarv 26, 2002 , the
deposit(s) will, at Buyer's option, be returned and this offer withdrawn. For purposes of delivery or notice of execution. parties include
Buyer and Seller or each of the respective brokers or attorneys. The date of Contract ("Effective Date") will be the date when the last
one of the Buyer and Seller has signed this offer. A facsimiie copy of this Contract and any signatures hereon shail be considered for
all purposes as an original.
IV, FINANCING:
Q9 (a) This is a cash transaction with no contingencies for financing;
o (b) This Contract is conditioned on Buyer obtaining a written loan commitment within _ days after Effective Date for (CHECK
ONLY ONE): 0 a fixed; 0 an adjustable; or 0 a fixed or adjustable rate loan in the principal amount of $ , at an
initial interest rate not to exceed %, discount and origination fees not to exceed %
of principal amount, and for a term of years. Buyer will make application within _ days (5 days if left blank) after Effective
Date and use reasonable diligence to obtain a loan commitment and, thereafter, to satisfy terms and conditions of the commitment
and close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain a commitment or fails to waive Buyer's rights under this
subparagraph within the time for obtaining a commitment or, after diligent effort, faiis to meet the terms and conditions of the
commitment by the closing date, then either party thereafter, by written notice to the other. may cancel this Contract and Buyer shall
be refunded the deposit(s); or
o (c) The existing mortgage, described in Paragraph II(c) above, has: oa variable interest rate; oro a fixed interest rate of
% per annum. At time of title transfer, some fixed interest rates are subject to increase; if increased, the rate shall not exceed
% per annum. Seller shali furnish a statement from each mortgagee stating the principal balance, method
of payment. interest rate and status of mortgage or authorize Buyer or Closing Agent to obtain the same. If Buyer has agreed to
assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the
necessary application and diiigently complete and return it to the mortgagee. Any mortgagee charge(s), not to exceed
$ (1 % of amount assumed if left blank), shall be paid by Buyer. If Buyer is not accepted by mortgagee or the
requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the
stated amount. Seller or Buyer may rescind this Contract by written notice to the other party unless either elects to pay the increase in
interest rate or excess mortgage charges.
V. TITLE EVIDENCE: At [east 12- days before closing date, (CHECK ONLY ONE): 0 Seiler shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; or'j!j Buyer shall at Buyer's expense obtain (CHECK ONLY ONE). 0 abstract of title; or f1g title insurance
commitment (with legible copies of instruments iisted as exceptions attached thereto) and. after closing, an owner's policy of title
insurance.
VI.ClOSING DATE: This transaction shall be closed and the closing documents delivered
on See attached addendum. , unless modified by athe provisions of this Contract.
Buyer ) and Selle.r ) acknowledge receipt of a copy of this page.
FARJ8AR-S Rev, 8/98, Licensed to AHa Star. User R gt;l;' are, Inc.(30S) 279.8898
EXHIBIT
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VII. RESTRICTIONS; EASEMENTS; LIMIT' 1NS: Buyer shall take title subject to: comr sive iand use plans. zoning, restrictions,
prohibitions and other requirements ir ~d by governmental authority; restrictions d ...atters 'appearing on the plat or otherwise
common to the subdivision; outstandiny 011, gas and mineral rights of record without rignr of entry; pUblic utiiity easements of record
(easements are to be located contiguous to real property lines and not more than 10 feet in width as to the rear or front iines and 7 1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years: assumed
mortgages and purchase money mortgages. if any (if additional items, see addendum); provided, that there exists at closing no
. vloiatlon of the foregoing and none prevent use of the Property for See attached addendum purpose(s).
VIIJ.OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but if Property is intended to be rented or
occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shail be disclosed pursuant to Standard F. Seller
shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy Is to be delivered before
closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that
date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated
herein.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all
printed provisions of this Contract in conflict with them. .
X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract);
o COMPREHENSIVE RIDER 0 HOMEOWNERS' ASSN. 0 COASTAL CONSTRUCTION CONTROL LINE
o CONDOMiNIUM 0 "AS IS" 0 INSULATiON
OVA/FHA 0 LEAD-BASED PAiNT 0
XI. ASSIGNABILITY: (CHECK ONLY ONE): BuyerO may assign and thereby be released from any further liability under this Contract;
129 may assign but not be released from liability under this Contract: or 0 may not assign this ContracL
XII.DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient 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 or Radon testing may be obtained from your County Public Health uniL
(b) Buyer acknowiedges receipt of the Fiorida Buiiding Energy-Efficiency Rating System Brochure.
(c) If the real property includes pre-1978 residential housing then a lead-based paint rider is mandatory.
(d) if Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that AcL
(8') If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT
UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION DISCLOSURE.
XIII.MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess Gf:
(a) $ 0.00 for treatment and repair under Standard 0 (if blank, then 2% of the Purchase Price).
(b) $ 0.00 for repair and replacement under Standard N (if blank, then 3% of the Purchase Price).
XIV. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided. attach addendum and CHECK HERE 129.
XV. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W on the reverse side or attached are incorporated as a
part of this Contract
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms
and conditions should be negotiated based upon the respective interests. objectives and bargaining positions of all interested persons.
COPYRIGHT 1998 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS. ALL RIGHTS RESERVED.
r:
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(Buyer) By: Robert B. Hill, Pres.
Social Security or Tax 10. #
(Date)
-:? 3;&}ll-
)6lf-S4--4~
(Buyer) B esda Memorial
Social See rity or Tax 10. #
,Jeposit under Paragraph II(a) rece.
SUBJECT TO CLEARANCE:
CASH, THEN
(Escrow Agent)
Str wn, on an & Cohen, P.A.
3ROKER'S FEE: The brokers na d below, includin9 listing and cooperating brokers, are the only brokers entitled to compensation in
.::onnection with this Contract:
\lame: none
Cooperating Brokers, if any
Listing Broker
=AR/BAR-5 Rev. 8/98. Licensed to Alla Star User Reg#: 1442338.
,oftware and Added Formatting @ 2000 Alta Star Software, Inc. All Rights Reserved. (305) 279-8898
ALTA
SUR
SOfTW"'~(
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ST! lARDS FOR REAL ESTATE TRANSACT' '5
A. EVIDENCE OF TITLE: (1) An abstract of titl .Jared or brought current by a reputable and e: , abstract firm (if not existing then certified as
cprrect by t;!n existing firm) purporting to be an ~ _.;urate synapsis of the instruments affecting title to tile real property recorded in the public records af
the ccunty ~h~rejn the real property is Joca~ed through Effective Date. It shall commence with the earliest pUblic records, or such later date as may be
customary In the county. Upon closing of thIs Contract. the abstract shall become the property of Buyer, subject to the right of retention thereof by first
mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed
to Buyer, an owner's policy of tjtJ~ ins~rance in, the ~mo~nt of the purchase price, jns~rjng Buyer's title to the real property, SUbject only to liens,
encumbranc~s, exc~ptlons or qU~lIficatlons provided In thIs C.ontract and ~hos~ to be dl~char~ed ~y Seller at or before closing. Seller shall convey
marketable !fUe subject only to liens, encumbrances, exceptions or qualifications provIded In this Contract. Marketable title shall be determined
according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law, Buyer shall have 5 days from date of
receiving evidence of title to examine it. If title is found defective, Buyer shall within said 5 days notify Seller in writing specifying the defect(s). If
defect(sl, re~der title unr:narketable, Sell.er will ~ave 3~ days f~am receipt of. notice to remo~e the d~fects, falling which Buyer shall, within five (5) days
after expiration of the thirty (30) day penod, delIVer wntten notIce to Seller either. (1) extending the tIme for a reasonable period not to exceed 120 days
within which Seller shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall be immediately returned to
Buyer, If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use
diligent effort to correct defect(s) within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shan either waive the defects,
or receive a refund of depasit(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If evidence of title is delivered to
Buyer less than 5 days prior to closing, Buyer may extend closing date so that Buyer shall have up to 5 days from date of receipt of evidence of title to
examine same in accordance with this Standard.
S. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shali
provide for a 30-day grace period in the event of default if a first mortgage and a 15-day grace period if a second or lesser mortgage; shall provide for
right of prepayment in whole or in part without penalty; shall permit acceleration in event of transfer of the real property; shall require all prior liens and
encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgagees); shall require Buyer to maintain
policies of insurance containing a standard mortgagee clause covering all improvements located on the real property against fire and all perils included
within the term "extended coverage endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest
insurable value; and the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require
clauses and coverage customarily found in mortgages, mortgage notes and security agreements generally utilized by savings and loan institutions or
state or national banks located in the county wherein the real property is located, All personal property and leases being conveyed or assigned will, at
SeHer's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment will
exceed the periodic payments thereon.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the real property surveyed and
certified by a registered Florida surveyor. If the survey discloses encroachments on the real property or that improvements located there.on encroach on
setback lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall
constitute a title defect.
Property inspected by a Florida Certified Pest Control Operator ("Operator") to determine if there is any visible active te n or visible
damage from termite infestation, excluding fences, If either or both are found, Bu.yer shall have 4 da s fr I en notice thereof within WhiCitto
have cost of treatment, if required, estimated by the Operator and all damage insa ared by a licensed builder or general contractor. Seller :
shall pay valid costs of treatment and repair of all damage u proVided in Paragraph XIII(a). If estimated costs exceed that amount, Buy
shall have the option of canceling this r: .::> days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer
elect to proceed . ctlon and receive a credit at closing on the amount provided in Paragraph XIJI(a). "Termites" shall be deemed to include
. , "
E. INGRESS AND EGRESS: SeJJer warrants and represents that there is ingress and egress to the real property sufficient for its intended use as
described in Paragraph VII hereof, title to which is in accordance with Standard A.
F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant
specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. It Seller is unable to
obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidaVit,
and Buyer may thereafter contact tenant to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer,
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing
statement, claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to the real property
for 90 days immediately preceding date of closing. If the real property has been improved or repaired within that time, Seller shall deliver releases or
waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting
forth the names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs
which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at the closing of this Contract.
H. PLACE OF CLOSING: Closing shaff be held in the county wherein the real property is located at the office of the attorney or other closing agent
("Closing Agent") designated by Seller.
I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods
provided for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.rn, of the next business day. Time is of the
essence in this Contract.
J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, construction lien affidavit. owner'spossession affidavit. assignments of leases,
tenant and mortgagee estoppellelters and corrective instruments. Buyer shall furnish' closing statement, mortgage, mortgage note, security agreement
and financing statements. Buyer
K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by &etrer:- Documentarj stamps and intangible
tax on the purchase money mortgage and any mortgage assumed, mortgagee title insurance commitment with related fees, and recording of purchase
money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for
the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the party
responsible for furniShing the title evidence in accordance with Paragraph V.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day
before closing. Buyer shall have the aptian of taking over existing pOlicies of insurance, if assumable, in which event premiums shall be prorated. Cash
at closing shall be increased or decreased as may be required by prorations to be made through day prior to closing, or occupancy, if occupancy occurs
before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall
be prorated based on the current year's tax with due allowance made far maximum allowable discount, homestead and other exemptions. If closing
occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such
assessment and prior year's millage, If current year's assessment is not available, then taxes wilt be prorated on prior year's tax. If there are completed
Improvements on the real property by January 1 st of year of clOSing, which improvements were not :n existence on January 1st of prror year, then taxes
shall be prorated based upon prior jear's millage and at an equitable assessment to be agreed upcn between the parties; failing which, request shall be
made to the County Property Appraiser for an informal assessment taking into account availabie exemptIons. A tax proration based on an estimate
shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement t?\that effect is signed at closing,
Buyer ( ) ( ) and seller~. )' ,-...,.j'y ) acknowledge receipt of a copy of this page.
=AR/BAR-5 Revised 8/98@ 1998 The Florida Bar and Flonda Association of Realtors@, Licensed to lt3-""Star SO~279-a898. User Reg#: 1442338.
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M. SPECIAL ASSE~SM.ENT LIENS: Certified 'irmed and ratified special assessment liens as r of clo~ing (not as of Effective Date) are to be
paid h}"'Seller. Pending liens as of date of c1o~ .,1811 be assumed by Buyer. If the improvement h: ...;n substantially completed as of Effective Date
any' pending ;ien shall be considered certifieu, _.mfirmed or ratified and Seller shall, at closing, bt. ....;narged an amount equal to the last estimate 0;
assessmentfor the improvement by the pUblic body. , .
.
fourrdatian, seawal~s (or equivalen9 an~ dockage ~o not h?ve any V.isible Evid~nce of leaks, W'ater da~age or structural damage and that t ptic
. tank, pool, all appliances, mechanical Items, heating, cooling, electrrcal, plumbing systems and machInery are in Working Conditio - e foregoing
warra~ty shall. b~ limited to the items spe~ified unless otherwis~ p~o.vided in a~ ~~de~dum. B~yer may, at Buyer's expense, h . spections made of
those Items wlthrn 20 days after the EffectIVe Date, by a firm or Individual speclallzrng In home Inspections and holding cupationallicense for such
purpo~e (if required) o.r by ~.n appropriately !ic~nsed Florida contractor, and Buyer shall, prior to Buyer's occu y but not more than 20 days after
EffectIVe Date, report In writing to Seller such Items that do not meet the above standards as to defe nless Buyer timely reports such defects
Buyer shall be deemed to have waived Seller's warranties as to defects not repc:rted., If rep. r replacements. are required to comply with thi~
Standard, Seller shall cau~e them .t? be made and shall pay up to the a~ount prov!ded r~graph XIII(b), Seller IS not required to make repairs or 1
replacements of a CosmetIc C.ondltlon unless caused by a defect Seller IS respo e to repair or replace. If the cost for such repair or rePlaceme~t
exceeds the amount provided In Paragraph XliI (b), Buyer or Seller may el pay such excess, failing which either party may cancel this Contract .
Seller is unable to correct the defects prior to closing, the cost ther all be paid i(1to escrow at closing. Seller sr,all, upon reasonable notice, prav
utilities servIce and access to the Property for inspections, ' Ing a walk.through prior to closing, to confirm that all items of personal properly are on
the real property and, sUbject to the foregoing, th required repairs and replacements have been made and that the Property, including, but not
limited to, lawn, shrubbery and pool, if any een maintained in the condition existing as of Effective Date, ordinary wear and tear excepted. For
purposes of this Contract: (a) "Work. ondition" means operating in the manner in which the item was designed to operate; (b) "Cosmetic Condition"
means aesthetic imperfection t do not affect the working condition of the item, including, but not limited to: pitted marcite; missing or torn screens;
fogged windows; tear rn spots, or discoloration of fioor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips or
caulking in c .. , walls, fiooring, fixtures, or mirrors; and minor cracks in fioors, tiles, windows, driveways, sidewalks, or pool decks; and (c) cracked
roof ti , urling or worn shingles, or limited roof life shall not be considered defects Seller must repajr or replace, so long as there is no evidence of
. h .. .. , . ,. .
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed
valuation of the Property so damaged, cost of restoration shall be an obligation of Seller and closing shall proceed pursuant to the terms of this Contract
with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the Property so damaged, Buyer shall
have the option of either taking the Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of
canceling this Contract and receiving return of the deposit(s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished.
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title
unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow
agent for a period of not more than 5 days after Closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5.
day period, notify Seller in writing of the defect and Seller shall have 30 days fram date of receipt of such notification to cure the defect. If SeUer fails to
timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and,
simultaneously with such repayment, Buyer shall return the personal property, vacate the real pfoperty and reconvey the Property to Seller by special
warranty deed and bill of sale, If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any
intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase price IS to
be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and ror
disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution
a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor, The
escrow and closing procedure required by this Standard shall be waived if the title agent insures adverse matters pursuant to Section 627.7841, F.S" as
amended.
Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold
same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of funds to clear shall not
excuse Buyer's performance. jf in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, continue to
hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgement of a court of competent jurisdiction shall
determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all
parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with proVisions of Chapter 475, F.S., as amended. Any suit between Buyer
and SeJJer wherein Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the
escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from and out of the escrowed funds or
equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to
Buyer or SeUer of items subject to the escrow, unless such misdelivery is due to willful breach of the provisions of this Contract or gross negligence of
Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in
such litigation, which, for purposes of this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized
by Chapter 475, F,S" as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses.
S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid
by Buyer and deposit{s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages,
consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all Obligations
under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure
of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek speCific
peJiormance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shail be recorded in any public records.
This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include
plural and one gender shall inc~ude all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to the real property by statutory warranty, trustee's, perscnal representative's or guardian's deed, as
appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal property shail,
at the request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be othef1Nise provided fcr
herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contrac~.
No modification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties :ntended !O
be bound by it.
W. WARRANTY: Seller warrar;!s that there are no facts known to Seller materially affecting the value of ~he Property which are not readily obser/able
oy Buyer or which have not been diSClosed+O Buyer. r
Buyer ( ) ( ) and Seller ( . ) ( D/-,r) ) acknowledge receipt of a copy of this page.
'~RI8AR.5 Re'I;so' 8198 '" 1998 The o'oc;do 8" on, "OO;o[;on of Reali"";). Lioenso' to A~OftW'" \)51 279.3898. U,,, Reg" 1442338.
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ADDENDUM TO CONTRACT FOR SALE AND PURCHASE BY AND BETWEEN JESUS SANTIAGO AND
JOAN M. SANTIAGO, HUSBAND AND WIFE. ("SELLER") AND BETHESDA MEMORIAL HOSPITAL. INC.,
A FLORIDA NOT -FOR-PROFIT CORPORATION, ("BUYER") DATED THE 1.:/ '-,-.... DAY oFY/JA..<. '-"--
_,2002.
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The parties hereby agree to the following changes to the Contract between the parties:
1. VI. CLOSING DATE: Buyer's obligation to close hereunder is expressly conditioned upon Buyer, at
Buyer's expense, applying for and obtaining rezoning or change of land use of the described Property
to the zoning or land use category for parking and hospital related purposes. Buyer agrees to
promptly apply for and diligently pursue said rezoning or amendments. The closing shall occur. and
the closing documents delivered, within fifteen (15) days following final rezoning approval and if
applicable land use change. Seller agrees to execute such authorizations. or other documents. as
may be required by the zoning authority to evidence Seller's consent to such rezoning. Seller will be
permitted to remain in possession of the subject property for six (6) months after the closing pursuant
to the terms.and conditions of an Occupancy Agreement
2. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS:" . . . that exists at closing no violation of the
foregoing and none prevent the use of the Property for parking and hospital related purposes
3. SPECIAL CLAUSES:
a. This Contract is contingent upon Buyer closing on the'property located at 2706 S. W. 4lh
Street. Boynton Beach. Florida. If Buyer does not close by the closing on the Property
herein. Buyer may, withing 3 days in writing either: a) cancel this Contract and receive a
refund of deposit; or b) remove this contingency and continue with the Contract
b. This is an "AS IS" transaction and Paragraph XIII and Standard D and Standard N are
deleted.
c. Seller shall have salvage rights of the property after closing.
d. Buyer shall pay the prepayment penalty of $3,200.00 in satisfying Seller's existing mortgage.
In all other respects the Contract. as amended by this Addendum. is ratified and confirmed.
Seller:
Buyer:
Bethesda Memorial Hospital, Inc.. a
Florida not for profit corporation
By:
JaM. Santiago
D : 311-l1 GoO
K:\JTS Files\B M H\santiago\CONTRACT .AD D EN DUM .2. wpd
Page 1 of 1
EXHIBIT
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D
D
3
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t:)e.:? c!kl/?'r/d
I
Lot. 1 through 3', inQlul1v., ,,&tn.a." Ihight.,. .oroton .'~Oft
. hi. Inch County, 'lorU., aocording to the f..t th.t'ci',
r~col'd.d in Pht. Booh; 24, It PlY' 151 or the Publ 0 "Ootd'~~;e;
P,l. I.aah County, ,10rldl. .
and t09.~h.r with
. ,
thaI: part of the Bait haU. at Lot 12 iubdhhlon ot hOtian!"i~
town.hlp .u louth. Rang, U lut, Boynton Ouch, hht. I..e
County, rlodda, acoordlnw to thl pht I:hu.ot uool'lI,d 1n n"
Book 1, at pIg. 4i, .hut 2 or thl publio record., ot Pd. IUCltl'
County. Placld., IV10!) Bouth of th. South right at "'Y lint ot.
S.H. 1)td ~VU'J' (Golt Road) .. thown on I-IS r~CJhl: at "'Y' .'P .
810tlon IJ220-2411, ahle!: 26,
Ina t0911:har with
, , "
th.t part ot thl right at way lor 0.". 2nd 8l:r.al: abandon ad hI
City at Boynton B.lch celolutlon Ho. '~-U .. r.oorded in Otfial,
Recorda Dook 4086, page l6g3 and l"t ot tile publio r.cord. of
Pal. Duch County, flor1da, lyIng Hut ot the c.nterlina or ..ld
8.M. :3.nd et:ret,
i
and tog.ther wlth
that put or th right or ~ay tor ""HOP ..:m:r\i' (8.M. 25th h.nll~'
and I.N. 14th Avenual '81 .hown on lh. pht ot BlrhWH ,HIlOUTB,
Boynton e.ach, Pal_ B.ach CQunty, Ploric.~, acC'ordlng to the plat:
thareot record.d in plat book H, .t paga l!l at the publld
1100rd. ot Pal. Baach Countf, Plodda, duor1bed a. fallow., '
Co...ne. at the Southeut. C':..rner at Lot. H ot the '~a1d Ilia\;
Qt UH80N "liGHTS, thenc. Nort.herly, along the .ut lin. or uld
Lot. ;H', 1:I0.H te.t to the Point of BegInnlnll1 thanea contlnue
North.rlr, alol'9 th.- Hortherly Ixt.n_ion of the .ald l!laat llne at
Ll:!t 14, 11.11 het. to He BouttJ Une ot Loti I through 6,
Inclualvl, thlnae Neateely, along ..ld South lin., t03.31 f'at t.Q
the Bout.h"'.at corner of eald Lot 6 and th.'"potnt. of cunature of
. Durn oonene Bout.hu.aterly' with. radiu. ot 10 fut Ind ~
eenttal angle of 90', thenae Southwe.terly, along the aco of .ald
ourv. .nd Ilonw the 80uth'l.t.~ly linl of Lot. 1, . Ind I, 101.'6
tlat, thlnol loutherly, along the ...t lln. of Lot.I I, 10, 11 and
12, ~ di.t.lnol of 260.0 fett to . point of curvature of a ourve
cono..e Jorth...t.arly with . udiuI of 10 tut. .nd a clntral
.n~l. of 10-, thence Bouthe..tlrly, Ilong the aro of ..id curv4
and l1on9 lhe Norl;hu.terly llne of Loti ta, -ll, and it, lOI.U
tut to tha Northweet carnlt of Lot. 1.5. thanee ...terll' Ilong
the the 11ne' ot Lot. 15 thr.;wgh 11, Inc:lu.lu, ]gO. J h.t,
thana. oonUnUe latterly. along the lIa.tarly ..tlnl1on of the
Horth 11n. of .atd Lot. 15 t.hrouvh 1'-, tnolu.iv., 19." r.et. t.o ,
point on t.he aouthnly nt.nlion or t.h. tut Hn. of Lot 2S,
th.no. Mortherly along aatd Southerly ..tenlion, 10.34 t..t. to a
point. ph . eurva oancav. HQrthwllltarly with a udtu. af 20 he\
IIlnd . CIIntul angle af 90-571 (..ld curv. baing hngut to t.he
South .ncl lut line. or said Lot ;;15), I:henoe 8out.hwutuly, along
the aro at utd euev! ].!!H._~!!~'_~h!~~~ .tt~'l:ul)'I._~loncL.~~!
Sout.h line of Lota 25 'nd 20,' 388.81 h.t.' to . point at! autYl~iit'.
of . oun. I:loncavo Horth....tuly "lttJ . radtu. of 10 hit. 'n~ '.
oentral an~la af 90-, thenol Northw..t.erly, alon~ th, lea of'.i14
eune B.n het, thenc. Northuly, along the Nut 11nt oC ,Lot.~
:1:0 t:hro1l9h33, lnolue1ve, 260,0 hit. to . point of Dunakuu oe _
curv. oonoau aoul:h...terl~ with . radiu. ot 20 hit and ~
oentral an91e of iO., thene. Horlh...terly along the aeo of ..id
curve, 1l,4:1: het, thlnce Butlt'ly ,long thl North I1nl ot Lot.
2] and 24. 1St.SIli. ,.... "n a nnl.... nil ..".....1-".... ..., .. .....~.... _____..01