APPLICATION
PROJECT NAME: VeneL..,n Villas I
LOCATION: SW 13th St. & SW 23rd A venue
PCN: 08-43-45-32-05-004-0020
I FILE NO.: NWSP 03-021 II TYPE OF APPLICATION: I
AGENTICONT ACT PERSON: OWNER: RSPB, LLC
Michael Hoeflinger ADDRESS: 9000 Bayhill Blvd.
Atlantis Development Group LLC Orlando, FL 32819
ADDRESS: 51 SW 11th Street Unit 637 PHONE:
Miami, FL 33130 FAX:
PHONE: 305-374-8032
FAX: same ,;v~ .~ 1~~ qD'~t
~ :; CC ON ~ t t"\l \1) ( t \c}o ,,:(1\. ~l!' Date of submittal/Projected meetin2 dates:
SUBMITT AL 1 RESUBMITT AL 10/22/03
1 ST REVIEW COMMENTS DUE: 11/13/03
PUBLIC NOTICE: NIA
TRC MEETING: 12/2/03
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 12/18/03
MEETING:
COMMUNITY REDEVELOPMENT NIA
AGENCY BOARD
CITY COMMISSION MEETING: 1/6/04
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Venetian Villas\2003 PROJECT TRACKING INFO.doc
City Codes Accessed Via Website
www.bovnton-beach.org
www.amlegal.com/boynton beach f1
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLICATION FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN
Has applicant attended a pre-application meeting? Yes
,." . ~
Date~
This application must be filled out completely, accurately and submitted as an original to the Planning and
Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans
including a recent survey and appropriate fee shall be submitted with the application for the initial process of
the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED.
I. GENERAL INFORMATION
f ~~ -~.;-~______
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Please print legibly (in ink) or type all information.
1.
Project Name: VENmAN VILLAS
OCT 2 20
2. Property Owner's (or Trustee's) Name: RSPB, LLC
Address: 9000 BAYHILL BLVD., ORLANDO, FL 32819
(Zip Code)
Phone:
Fax:
3. Applicant's name (person or business entity in whose name this application is made):
VENmAN VILLAS, LLC (./0 ~1"Ub"tiL- ~e'fL"Iv~<
Address: 14~o BARAcoA Awe. I CCXLAJ- ~, FL. 33\4'"
(Zip Code)
Phone:
Fax:
If contract purchaser, please attach contract for sale and purchase.
4. Agent's Name (person, if any, representing applicant): A'n.~JT\~ DEvELoI:>!1t:,...+ ~,
J.Lc.
c{ 0 tvh c....\..lA(&- l-bffL\~~
5\ S.W. I \ S~€t ) U~\T (031) rJh~~\ ) t(..02.\04 331~o
lZip Code)
(~)314-~031- Fax: (3OS)314-~()32.
Address:
Phone:
5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute
is specified below:* ATLANTIS DEVELOPMENT GROUP, LLC;
AnN: M. HOEFLINGER OR G. ABADIE
*This is the one address to which all agendas; letters and other materials will be mailed.
6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer,
contract purchaser, etc.)
DEVELOPER; BUYER
7. Street address of location of site:
INTERSECTION OF SW 13TH STREET AND SW 23RD AVENUE
8. Property Control #(PCN) 08-43-45-32-05-004-0020
9. Legal description of site: SEE ATIACHED - A"'rU~t'\WT 'A'
10. Intended use(s) of site: 50 UNIT RESIDENTIAL COMMUNITY
11. Architect: TSENG CONSULTING GROUP (DR. GEORGE TSENG)
12. Landscape Architect: JFs DESIGN (JIMMY sOCASH)
13. Site Planner: CORRED, VALLE, VALLE (ERIC VALLE)
14. Engineer: GGB (GARY B~
15. Surveyor: LANDMARK SURVEYING (CRAIG PUSEY)
16. Traffic Engineer: MYLES, MOSS AND ASSOC, INC. (ROBERT WYMONE)
17. Has a site plan been previously approved by the City Commission for this property?
NO
II. SITE PLAN
The following information must be filled out below and must appear, where applicable, on all copies of
the site plan.
1. Land Use Category shown in the Comprehensive Plan: HIGH DENSITY RESIDENTIAL
2. Zoning District: R-3 MULTIFAMILY
3. Area of Site 4.66 acres sq. ft.
4. Land Use -- Acreage Breakdown: 10.8 UNITS PER. ACRE
a. Residential, including 1.3, acres 2'1.3<1 % of site
surrounding lot area of grounds
b. Recreation Areas * )J/A acres % of site
(excluding water area)
c. Water Area JJ/A. acres % of site
d.
Commercial N/ A
% of site
acres
e.
Industrial NIA
Public/I nstitutional NI A
% of site
acres
f.
% of site
acres
g.
h.
Public, Private and Canal rights-of-way lJ/A
% of site
acres
\.!/A
tJ/A
Other (specify)
Other (specify)
site
% of site
acres
i.
% of
acres
j. Total area of site acres % of site
*including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft.
by 50 ft.
5. Surface Cover
a.
b.
c.
courts.
site
d.
e.
Ground floor building
area ("building footprint")
I'~l
2'\.3~
% of site
acres
Water area
% of site
acres
Other impervious areas, including paved area of public & private streets, paved area of parking
lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic
i. ,,~ acres 3&.?, , % of
Total impervious area
% of site
acres
Landscaped area I, ,,~ acres "'35 % of site
inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5~35(g) of
Landscape Code).
f.
Other landscaped areas,
% of site
acres
g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding
water areas acres % of site
h. Total pervious areas acres % of site
i.
Total area of site
% of site
acres
6. Floor Area
a. Residential 59 . t,e3 sq. ft.
b. Commercial/Office NIA sq. ft.
c. IndustriallWarehouse NIA sq. ft.
d. Recreational NIA sq. ft.
e. Public/I nstitutional NIA sq. ft.
f. Other (specify) \JIb sq. ft.
g.
h.
Other (specify)
Total floor area
sq. ft.
sq. ft.
7. Number of Residential Dwellino Units
Single-family detached
sq. ft.
a.
b.
Duplex
sq. ft.
c.
(1)
(2)
(3)
(4)
Multi-Family (3 + attached dwelling units)
Efficiency 0
1 Bedroom 0
2 Bedroom 24
3+ Bedroom 26
dwelling units
dwelling units
dwelling units
dwelling units
d.
Total multi-family 50
dwelling units
e. Total number of dwelling units 50
8. Gross Density 10.8 dwelling units per acre
9.
Maximum height of structures on site 2q
feet 2.
stories
10. Reauired off-street oarkina
a.
Calculation of required # of
off-street parking spaces.
Off-street parking spaces
provided on site plan
=
115
=
=
b.
Calculation of required #
of handicap parking spaces
'2-
Number of handicap
spaces provided on site plan
2
=
REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL
TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT
BOARD OR COMMUNITY REDEVELOPMENT AGENCY (eRA) AND CITY
COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT.
III. CERTIFICATION
(I) (We) 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) (We) hereby certify that
the above statements and any statements or showings in any papers or plans submitted
herewith are true to the best of (my) (our) knowledge and belief. This application will not be
accepted unless signed according to the instructions below.
Signature of Owner(s) or Trustee, of
Authorized Principal if property is owned by
a corporation or other business entity.
Date
IV.
x
/0- ;r; -uJ
Date
lo/~03
Date
(I) (We) ereby designate the above-signed person as (my) (our) authorized agent in regard to
this application.
Signature of Owner(s) or Trustee,
_or Authorized Principal if property is owned
_by a corporation or other business entity.
Date
/o-;;;} - 03
Date
A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW
COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO
REVIEW THIS PROJECT.
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that
all plans, specifications, drawings, engineering, and other data submitted with this application for review by the
City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties
designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall
rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and
substantial.
The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data
which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be
constructed in strict compliance with the form in which they are approved, and any change to the same shall
be deemed material and shall place the applicant in violation of this application and all approvals and permits
which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the
applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense,
claim, liability or any action which may arise due to their enforcement of the same.
OWLEDGED AND AGREED TO this 21 st a of +oBEtZ... , 20~
.---
573.99'
A-rr~MWT 'AJ
LEGAL DESCRIP TION
THE EAST 584.68 FEET OF TRACT 4. GOLF VIEW HARBOUR 3RD SECTION. CITY
OF BOYNTON BEACH. FLORIDA. ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 30. PAGES 119 AND 12.0. puBLIC RECORDS OF PALM
BEACH COUNTY. FLORIDA, LESS AND NOT INCLUDING THE FOLLOWING
DESCRIBED PARCELS:
COMMENCE AT THE SOUTHEAST CORNER OF TRACT 4. AS SHOWN ON THE
PLAT ENTITLED GOLF VIEW HARBOUR 3RD SECTION. CITY OF BOyNTON BEACH.
FLORIDA. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 30 ON
PAGES 119. PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA: THENCE
NORTH 2.02.1'36" WEST ALONG THE EAST LINE OF SAID TRACT 4. A
DISTANCE OF 104.2.9 FEET TO THE POINT OF BEGINNING OF THE RIGHT-OF-
WAY TO BE HEREIN DESCRIBED: THENCE CONTINUE NORTHERLY. ALONG THE
SAME COURSE. A DIST ANCE OF 92..69 FEET TO A POINT OF TANGENCY OF A
CURVE CONCAVE TO THE NORTHWEST. HAVING A CENTRAL ANGLE OF
88015'44" AND A RADIUS OF 15 FEET: THENCE SOUTHERLY AND WESTERL Y
ALONG THE ARC OF SAID CURVE. A DISTANCE OF 23.11 FEET TO A POINT OF
REVERSE CURVATURE: THENCE WESTERLY. SOUTHERLY AND EASTERLY.
ALONG THE ARC OF A CURVE CONCAVE TO THE EAST. HAVING A CENTRAL
ANGLE OF 197043'52." AND A RADIUS OF 40 FEET, A DISTANCE OF 138.04
FEET TO THE POINT OF BEGINNING.
AND
BEGIN AT THE SOUTHEAST CORNER OF SAID TRACT 4: THENCE NORTH
2021'36" WEST. ON A PLAT BEARING. ALONG THE EAST LINE OF SAID
TRACT 4. A DISTANCE OF 104.29 FEET TO AN INTERSECTION WITH A CURvE
CONCAVE TO THE NORTH. SAID CURVE BEING A CUL-DE-SAC AS RECORDED
IN OFFICIAL RECORD BOOK 2584. AT PAGES 479 AND 480 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY. FLORIDA. A RADIAL LINE FROM SAID
INTER SECTION BEARING NORT H 21049'44" WES T: THENCE WES TERL Y
ALONG THE RIGHT-OF-WAY OFSAID CUL-DE-SAC AND ALONG SAID CuRVE.
HAVING A RADIUS OF 40.00 FEET. A CENTRAL ANGLE OF 29003'12". AND AN
ARC LENGTH OF 20.2.8 FEET TO AN INTERSECTION WITH A LINE BEING 20.00
FEET WEST OF. AS MEASURED AT RIGHT ANGLES. AND PARALLEL WITH THE
SAID EAST LINE OF TRACT 4: THENCE SOUTH 2021'36" EAST ALONG SAID
PARALLEL LINE. A DISTANCE OF 102..56 FEET TO AN INTERSECTION WITH THE
SOUTH LINE OF SAID TRACT 4: THENCE NORTH 87038'24" EAST ALONG
SAID SOUTH LINE. A DISTANCE OF 20.00 FEET TO THE SAID SOUTHEAST
CORNER OF TRACT 4 AND THE POINT OF BEGINNING.
CONT AINING 4.699 ACRES. MORE OR LESS.
",ONCURRENCY REQUIREMEN i;s
NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land development orders and permits which are
submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and
cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation,
park, and road facilities) would be available to serve the project, consistent with the levels of service which are
adopted in the City's Comprehensive Plan:
Building permit applications for the construction of improvements, which, in and by themselves, would
create demand for public facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed above, which would increase the demand
for any public facility.
Any other application, which, in and by itself, would establish the density or intensity of use of land, or
a maximum density or intensity of use of land.
Applications for development orders and permits submitted after February 1, 1990 and which
generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that ordinance.
Please be advised, however, that the following applications will be exempt from the Concurrency Management
Ordinance, pending final approval of this ordinance by the City Commission:
Applications for the development of property which was platted on or after January 13, 1978 and either
the final plat or the preliminary plat and Palm Beach County Health Department permit applications
were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the
general use which was intended for the property at the time of platting.
Applications for the development of property, which was platted prior to January 13, 1978, the area of
the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net
vehicle trips per day.
Applications for building permit, if a site plan or conditional use application was submitted prior to June
1, 1990 and subsequently approved and the site plan or conditional use has not expired.
Applications for the development of property within an approved Development of Regional Impact, and
which are consistent with the approved DRI.
Applications for approval of final plats, if the preliminary plat and application for Palm Beach county
Health Department permits for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development orders or permits, which do not increase
the demand for any public facility.
Please be advised that these eX't"j'"flption rules are tentative and will be sub~t to final approval by the City
Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management
Ordinance, please contact the Boynton Beach Planning &Zoning Division at (561) 742-6260.
CHAPTER 4
SITE PLAN REVIEW
Section 7. Submission Requirements.
Each applicant shall submit to the Planning and Zoning Division the following plans and exhibits in the number
of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee
adopted by resolution by the City Commission.
12 ASSEMBLED COPIES REQUIRED
A. ExistinQ site characteristics map: A sealed survey, not older than six months, showing all adjacent
streets, alleys and driveways, and also illustrating:
1. Existing natural features, including but not limited to lakes, trees and other vegetation
and soils and topography.
2. Existing buildings, building elevations, other structures, including use, height,
dimensions and setbacks.
3. Existing utility lines and all easements.
4. Existing elevations (corner, street and finished floor)
B. Site development plan:
1. A scaled drawing clearly illustrating proposed buildings and other structures, and any
existing buildings and structures, which are to be retained, including use, height,
dimensions and setbacks.
2. Proposed off-street parking spaces, driveways and sidewalks, including location,
dimensions and setbacks, traffic control markings and signage.
3. Proposed fences and walls, including location, dimensions, setbacks, height and
material.
4. Proposed location of lighting on site.
5. Proposed dumpster location.
C. Landscape plan:
1. A separate scaled drawing (at the same scale as the site development plan) prepared as
required by state law clearly illustrating proposed trees, shrubs, grass and
2. Proposed berms, watercourses and other topographic features.
3. A notation on method of irrigation.
Architectural plan:
1. A scaled drawing clearly illustrating proposed building floor plan and elevations,
including height, exterior dimensions, exterior color and materials.
2. A colored -....cvation drawing (not mounted) showing'<fil elevations of the building. (This
submittal can be waived by the Planning and Zoning Director when not applicable.)
E. Tabular Summary Containina:
1. Total gross project area by acreage and square footage and net buildable land area in
acres and square feet.
2. Total number of proposed residential units, including characteristics by number of
bedrooms and bathrooms and gross square footage of each typical unit.
3. Proposed nonresidential floor type of use and total gross square footage.
4. Square footage and percentage distribution of the total project site, including areas
proposed for landscaped open space, vehicular use areas, other paved areas, and
building coverage and total coverage.
5. Number and ratio of required and provided off-street parking spaces and number of
loading spaces.
6. Water bodies in acres and square feet.
7. Height of buildings.
F. Drainaae plan:
1.
2.
A separate scaled drawing (at the same scale as the site development plan) showing
elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc.
An engineer's certification in writing that drainage will conform with all rules, regulations,
codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land
Development Regulations.
Revised 10/26/01
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT IS made by and between
RSPB, Inc., a Florida corporation (hereinafter referred to as "Seller") and MICHAEL
HOEFLINGER, and/or his assigns (hereinafter referred to as "Purchaser").
WIT N E SSE T H:
In consideration ofthe mutual promises hereinafter set forth, Seller and Purchaser mutually
agree as follows:
1. PURCHASE AND SALE. Seller agrees to sell and convey and the Purchaser agrees
to purchase all ofthat certain tract and parcel ofland consisting of approximately 4.66 acres, more or
less, upon which Purchaser intends to construct residential town home development with a density of
not less than 10.8 units per acre together with related amenities (the "Contemplated hnprovements")
all of which is located in Pahn Beach County, Florida, and as more particularly described on Exhibit
"A" attached hereto (hereinafter described as the "Premises"). The Premises shall include all ofthe
right, title and interest of Seller in and to the following:
(a) All (if any) easements, access easements, rights of way, privileges, licenses,
appurtenances and other rights and benefits belonging to the owner of, running with, or in any way
related to the Premises;
(b) All consents, authorizations, valiances, waivers, licenses, permits and approvals from
any governmental authority with respect to the Premises;
(c) All percolation, soil, topographical, traffic, engineering and environmental studies, all
riparian, littoral rights, title to submerged lands and other water rights related to or benefitting the
Premises;
(d) All utility mains, service laterals, hydrants, connections, hook-ups and valves
servicing or available to service the Premises; and
(e) Any and all other agreements, contracts, covenants, variances and benefits related to
or benefitting the Premises.
2. PURCHASE PRICE. The total purchase price for the Premises ("Total Purchase
Price"), which Purchaser agrees to pay and Seller agrees to accept, is the sum of
payable in cash, subject to the
adjustments herein provided, by wire transfer of United States Dollars, which shall be payable as
follows:
I
(a) Within three (3) business days of Purchaser's signing hereof, Purchaser shall
deliver to the law firm of Berman Rennert Vogel & Mandler, P.A., Trust Account, as escrow agent
("Escrow Agent"), the sum of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) by check, the
proceeds of which shall be held in trust as an earnest money deposit (the "Deposit") in an interest
bearing account by Escrow Agent, and disbursed only in accordance with the terms of this
Agreement.
(b) Upon termination of the "Inspection Period", as defined below, Purchaser
shall deposit an additional FIFTY THOUSAND DOLLARS ($50,000.00) by check with the Escrow
Agent the proceeds of which shall also be held in trust as an earnest money deposit (the "Additional
Deposit") by Escrow Agent, and disbursed only in accordance with the terms ofthis Agreement. The
Deposit and the Additional Deposit are collectively, the Deposits.
(c) On the Closing Date, Escrow Agent shall deliver the Deposits to Seller and
Purchaser shall pay to Seller the balance of the Total Purchase Price subject to the adjustments herein
provided, by a cashier's check or by wire transfer of United States Dollars.
(d) The Deposit shall be invested as Purchaser so directs, but only after Purchaser
has executed all necessary governmental forms, including a W-9 and delivered such form to Escrow
Agent. Any and all interest earned on the Deposit shall be reported to Purchaser's federal tax
identification number. The Escrow Agent shall have no responsibility in case of failure or suspension
of business of the institution holding the Deposit. Interest earned, if any, shall be credited to the
Purchaser upon closing, or in the event of Purchaser's default, to the Seller.
3. INSPECTION PERIOD. From the period beginning with the Effective Date and
continuing for a period of ninety (90) days thereafter (the "Inspection Period"), Seller hereby grants
to Purchaser the right to make whatever investigations Purchaser deems necessary with respect to the
Premises.
(a) During the Inspection Period, Seller hereby grants to Purchaser and its agents,
servants, employees, contractors and representatives a right of entry upon every portion of the
Premises and a right to examine all records or other matters pertaining to the Premises (and Seller
hereby agrees to make such records or other matters available to Purchaser) from time to time at all
reasonable times for the purpose of making surveys, engineering studies, drainage studies, appraisals,
zoning and land use studies, impact studies, surface and subsurface explorations, tests, excavations,
borings and such other investigations and inspections as Purchaser may elect to make. Seller shall
deliver to Purchaser, within five (5) days from the Effective Date, copies of any and all
environmental, soil, zoning, land use, appraisal and feasibility studies, reports, and assessments and
governmental orders, approvals, exemptions, waivers and permits relating to the Premises and any
proposed use thereof which are in Seller's custody or control.
(b) The Purchaser assumes liability for all acts of its agents who enter onto the
Premises and agrees to indemnify and hold harmless the Seller from any loss, damage, cost or
2
expense incurred by Seller as a result of such acts of Purchaser and its agents that cause injury to
persons or damage to the Premises.
(c) After such investigations, (i) if Purchaser, in its sole and absolute discretion, is
not willing to consummate this Agreement, Purchaser shall give written notice thereofto Seller on or
before the end of the Inspection Period, in which event this Agreement shall be terminated and the
Escrow Agent shall forthwith return to Purchaser the Deposit(s) delivered pursuant to Section 2
hereof, or (ii) if Purchaser does not give said written notice to Seller, the Deposit(s) shall, except
upon Seller's default and subject to other provisions of this Agreement, become non-refundable.
(d) Notwithstanding any provision in this Agreement to the contrary, during the
Inspection Period, Purchaser may, without liability to Seller and for any reason whatsoever, cancel
this Agreement and Escrow Agent shall return the Deposit(s) together with interest earned on it to
Purchaser; upon such cancellation and return of the Deposit(s), both parties shall be released from all
further obligations under this Agreement.
(d In the event Purchaser shall terminate this Agreement (for any reason other than a
Seller default), Purchaser shall deliver to Seller a copy of all third party reports, investigations or inspections of
the Subject Property obtained by Purchaser and which Purchaser has the right to copy and deliver to third
parties; provided, however, Seller hereby agrees and acknowledges that all such reports, investigations,
inspections and other documents, if delivered to Seller pursuant to this Section 3( e), shall be delivered to Seller
without representation or warranty of any kind whatsoever, either express or implied, and is without recourse to
Purchaser with respect to the accuracy of any information contained therein.
4. CASUALTY AND CONDEMNATION. Seller shall maintain or cause to be
maintained all policies of casualty, liability and other insurances which are currently in effect (the
"Insurance Policies"), including renewals or replacements thereof, in full force and effect until the
Closing. Seller assumes the risk ofloss in and to the Premises as applicable, until the Closing, after
which such risk shall be the responsibility of Purchaser.
(a) If the Premises or any part thereof, shall be damaged or destroyed by fire or
other casualty prior to the Closing Date, Seller shall promptly notify Purchaser thereof ("Casualty
Notice"). If the Premises or any part thereof, shall be taken or condemned prior to the Closing Date,
Seller shall promptly notify Purchaser thereof ("Condemnation Notice").
(b) Purchaser shall be entitled to the proceeds of any insurance claims relating to
damages not repaired prior to the Closing Date and the proceeds of any condemnation proceeding
relating to any temporary taking which relates to any period prior to the Closing Date. Ifthe payment
of such proceeds is received by the Seller prior to the Closing Date, the proceeds shall be delivered to
Purchaser at Closing. If such proceeds are not paid to the Purchaser on the Closing Date, there shall
be a closing adjustment under Section 2 in the amount of such proceeds.
(c) If the Premises or any part thereof incur any damage or destruction to the
Premises or a portion thereof as a result of a casualty which exceeds $100,000 ("Material Damage")
3
by fire or other casualty prior to the Closing Date or in the event a permanent public condemnation,
eminent domain or other taking proceeding shall have been commenced against the Premises or a
portion thereof which may involve a Material Taking, then in such event, Purchaser shall have the
option to either (I) within thirty (30) days after receiving each Casualty Notice or the Condemnation
Notice, as the case may be, or (ii) ten (10) days after receiving written notice from the insurance
company indicating whether or not the Material Damage will be covered by insurance, whichever is
later, notify Seller of Purchaser's election to terminate this Agreement in which case the Deposit(s)
plus all interest thereon shall be returned to Purchaser and the parties shall be relieved of any further
liability hereunder; or (2) complete the sale without any adjustments to the Purchase Price, except
that any and all condemnation awards and insurance proceeds (or both) which relates to the Premises
or a portion thereof received by Seller before Closing in respect of such taking or casualty (or both)
shall he paid to Purchaser on the Closing Date as a Closing adjustment, and Seller shall transfer and
assign to Purchaser at Closing all of Seller's rights and interest in and to such awards and proceeds
and any such proceeds received by the Seller after Closing on account hereof shall be paid over to
Purchaser as a post-closing adjustment under Section 2. Seller's obligation to transfer to Purchaser
any such proceeds received by the Seller after Closing shall survive the Closing hereunder.
(d) Notwithstanding anything in this Agreement to the contrary, unless Purchaser
has elected to terminate this Agreement, in the event of any Material Damage or in the event ~f any
("Material Taking"), defined as a taking of a portion ofthe Premises that would reduce the number
of residential town home units that could be built thereon to less than 10.8 units per acre or a taking
of land that would make ingress from and egress to the main public access road impossible or
impractical, the Closing shall be extended for a period oftime necessary to permit the procedures set
forth in this Section 4 to apply.
( e) Notwithstanding anything in this Agreement to the contrary, unless Purchaser
has elected to terminate this Agreement, as provided in subsection (d) above, the Closing Date shall
be thirty (30) days after receiving any Casualty Notice or any Condemnation Notice, or the date set
forth in Section 7, whichever is later.
(f) The provisions of this Section 4 shall survive the Closing.
5. TITLE INSURANCE/SURVEY. Within twenty (20) days following the Effective
Date, Purchaser shall, at Seller's expense (not to exceed $450.00), order an owner's title insurance
commitment (the "Title Commitment") from a title insurance company licensed to do business in the
State of Florida and designated by Purchaser, showing Seller to be vested with fee simple title to the
Premises.
(a) Seller shall convey to Purchaser marketable title to the Premises, subject only
to: (i) the exceptions for recorded instruments which do not render title unmarketable; and (ii) those
matters which shall be discharged by Seller, at or before Closing, as hereafter set forth (collectively,
(i) and (ii) shall be "Permitted Exceptions"). Marketable title shall be determined according to the
Title Standards adopted by authority of The Florida Bar and in accordance with law.
Notwithstanding the foregoing, Purchaser and Seller agree that the existence of the stipulation
4
agreement recorded in OR Book _ at Page _ in the Public Records of Palm Beach County shall
not be a title objection so long as the Zoning Contingency has been satisfied. Purchaser shall have
thirty (30) days from the date of receiving the Title Commitment to examine same. If the Title
Commitment, or any update endorsement obtained prior to Closing reflects that title to the Premises
is subject to any exceptions unacceptable to Purchaser (other than Permitted Exceptions) or
otherwise affected by any violations against the Premises, Purchaser shall, within thirty (30) days
after receipt ofthe Title Commitment or update endorsement, notify Seller in writing of the specific
title defects. Seller shall use diligent effort to correct such defects within sixty (60) days from its
receipt of the notice from Purchaser, provided that Seller shall not be obligated to prosecute any
legal action to cure any title defects. Purchaser, at its option, may extend the time to cure any defects
which arise after the Purchaser's initial examination oftitle and the Closing Date by a period oftime
equal to the period oftime that is required to cure the title defects, but not beyond the later of: (i) the
Closing Date, as same may be extended, or (ii) ten (10) days beyond after said defect is cured. If
Seller is not successful in removing the defects within said time, Purchaser shall have the option of
either accepting the title in its existing condition, or of terminating this Agreement by sending
written notice of termination to Seller and Escrow Agent. Upon the termination of this Agreement,
Escrow Agent shall return the Deposit(s) to Purchaser, and, thereafter, neither Purchaser nor Seller
shall have any further rights or obligations hereunder except as otherwise provided in this
Agreement.
(b) Purchaser, during the Inspection Period, may have the Premises surveyed at
Purchaser's expense by a Florida registered surveyor. If the survey shows any encroachment on the
Premises or that any improvement on the Premises encroaches on the lands of others, the same shall
be treated as a title defect hereunder if raised within the time and in the manner provided for title
objections in this Paragraph.
6. CLOSING DOCUMENTS. The Closing documents shall be provided by the parties
as set forth below:
(a) At Closing Seller shall deliver to Purchaser:
(i) A warranty deed conveying to Purchaser good, marketable and
insurable fee simple absolute title to the Premises;
(ii) An affidavit in the customary form, attesting that no individual, entity
or governmental body has any claim against the Premises under the Florida Construction
Lien Law; that no individual, entity or governmental body is either in possession of the
Premises or has possessory interest or claim to the Premises; and that no improvements to the
Premises have been made for ninety (90) days immediately preceding the Closing Date (as
hereafter defined) for which payment has not been made;
(iii) Copies of any and all licenses used in connection with the Property
and originals of any licenses in the possession or control of Seller or its agents;
5
(iv) a certificate of non-foreign status and Florida Department of Revenue
Transfer of Interest in Florida Real Property; and
(v) any other documents required by the Title Company to insure title to
the Premises.
(b) Purchaser and Seller shall execute a closing statement prepared by Seller in
conformance with the terms of this Agreement.
7. CLOSING/CLOSING EXPENSES. Except as otherwise provided herein, the Closing
oftitle shall take place at the offices ofthe Purchaser's counsel 150 days from the Effective Date (the
"Closing Date"). Notwithstanding anything in this Agreement to the contrary, Purchaser shall have
the right to extend the Closing (as the same may be postponed pursuant to this Agreement) for two
(2) periods of thirty (30) days (the "Extension Period") on payment to Seller of FIFTEEN
THOUSAND DOLLARS AND NO/lOO ($15,000.00) (the "Extension Fee") for each Extension
Period. The Extension Fees shall be paid directly to Seller within five (5) days prior to the date of
Closing, and the successive Extension Fee, if applicable, shall be paid directly to Seller within five
(5) days prior to the expiration ofthe prior Extension Period. The Extension Fee(s) shall be applied
against the Purchase Price. Notwithstanding the foregoing, Extension Fees shall not be payable so
long as Seller has not cleared all title defects or is not otherwise in a position to deliver good,
marketable and insurable fee simple title to the Premises as of Closing or any Extension Period.
(a) At Closing, Seller shall pay for the cost of state documentary stamps and
surtax, if any, on the warranty deed and for the recording of all title corrective instruments and shall
reimburse Purchaser for the cost of the title commitment, not to exceed $450.00.
(b) At Closing, Purchaser shall pay the per page recording fee for recording the
warranty deed, the costs of the survey of the Premises ordered by Purchaser and the title insurance
policy fees.
8. PRORATIONS. The following items shall be adjusted, apportioned, and allowed as
of the Closing Date:
(a) Special Assessment Liens. If, at the Closing Date, the Premises or any part
thereof shall be or shall have been affected by any certified, confirmed, and ratified special
assessment liens, same shall be paid and discharged by Seller. Pending liens shall be assumed by
Purchaser;
(b) Real Estate Taxes. Real estate taxes on the Premises shall be prorated as of
the date of Closing based on the current year's taxes, ifknown. If a Closing occurs at a date when the
current year's taxes are not fixed and the current year's assessment is available, taxes shall be
prorated based upon such assessment and the prior year's millage. If the current year's assessment is
not available, then taxes will be prorated on the prior year's tax. However, any tax proration ~ased
on the prior year's tax may, at the request of either party to the transaction be subsequently readjusted
6
upon receipt of the current year's tax bill. All such prorations will have been based on actual tax or
estimated tax and make appropriate allowance for the maximum allowable discount. In the event
either party fails or refuses to re-prorate the real estate taxes within ten (10) days following receipt of
a request by the other party for such re-proration, then the amount due shall bear interest from the
expiration of said ten (10) day period at the rate of eighteen (18%) percent per annum. In the event a
party is obligated to institute legal proceedings to recover the re-proration of real estate taxes and the
interest due as herein set forth, the prevailing party shall be entitled, in addition, to recover
reasonable attorneys' fees and costs from the non-prevailing party;
(c) The provisions of this Article 8 shall survive the Closing.
9. CLOSING CONDITIONS. In addition to Purchaser's rights to cancel this
Agreement for any reason during the Inspection Period, Purchaser shall have the right, at any time
prior to Closing to cancel this Agreement and receive the return of the Deposits together with all
interest thereon, less the sum of$1 0.00 which shall be delivered to and belong to Seller, if Purchaser
is not able to satisfy the following condition, in Purchaser's sole discretion.
(a) Consummation ofthe purchase and sale contemplated by this Agreement shall
be subject to Purchaser being able to obtain final zoning, site plan and plat approval for market rate
(non-ACLF restricted) residential town home development with a density of not less than 10.8 units
per acre upon the Premises (the "Zoning Contingency").
(b) If Purchaser notifies Seller that the above condition has failed to occur,
notwithstanding anything to the contrary herein, Purchaser may elect to (i) waive the failure of the
condition and continue this Agreement, or (ii) terminate this Agreement and be returned the Deposits
with all interest thereon.
10. BROKER. Except with respect to a brokerage commissions due to Ingrid Kennener
at Coldwell Banker, in the amount of6% ofthe Purchase Price, for which Seller shall be responsible,
each of the parties hereto represents to the other that, except for the foregoing, they have incurred no
obligations for brokerage in connection with this Agreement and agree that they will hold the other
party hereto harmless from and against any expenses, claims or demands with respect to any other
broker's fees claimed or demanded by anyone in connection with this Agreement insofar as such
claim is based upon any agreement or alleged agreement with the indemnifying party. The
provisions of this Article 10 shall survive the Closing.
11. SELLER'S REPRESENTATIONS, WARRANTIES AND COVENANTS.
(a) Seller represents and warrants to Purchaser and covenants and agrees with
Purchaser as follows:
(i) Seller has not entered into any contracts, subcontracts, arrangements,
licenses, concessions, easements, or other agreements, either recorded or unrecorded, written
or oral, affecting all or any portion of the Premises;
7
(ii) The Premises has direct access or is adjacent to a publicly dedicated
thoroughfare and there are no: (i) existing or pending improvement liens affecting the
Premises; (ii) violations ofbuilding codes and/or zoning ordinances or other governmental or
regulatory laws, ordinances, regulations, orders or requirements affecting the Premises; (iii)
existing, pending or threatened lawsuits or appeals of prior lawsuits affecting the Premises;
(iv) existing, pending or threatened condemnation proceedings affecting the Premises; or (v)
existing, pending or threatened zoning, building or other moratoria, downzoning petitions,
proceedings, restrictive allocations or similar matters that could affect Purchaser's use ofthe
Premises;
(iii) Nothing has been done nor allowed which could cause toxic or
hazardous materials or waste to be present in, on or about the Premises, and Seller has no
knowledge of any such materials or waste being or ever having been in, on, or about the
Premises;
(iv) There are no agreements currently in effect which restrict the sale of
the Premises;
(v) Seller has the right, power and authority to execute and deliver this
Agreement and to consummate the transactions contemplated by it; neither the execution and
delivery ofthis Agreement nor the consummation ofthe transactions contemplated by it nor
the fulfillment of nor the compliance with the terms, conditions and provisions of this
Agreement will conflict with or result in a violation or breach of any relevant law, or any
other instrument or agreement of any nature to which Seller is a party or by which it is bound
or may be affected, or constitute (with or without the giving of notice or the passage of time )
a default under such an instrument or agreement; no consent, approval, authorization or order
of any person is required with respect to the consummation ofthe transactions contemplated
by this Agreement;
(vi) No commitments or agreements have been or will be made to any
governmental authority, utility company, school board, church or other religious body, any
homeowners or homeowners' association, or any other organization, group or individual,
relating to the Premises which would impose an obligation upon Purchaser to make any
contributions or dedications of money or land to construct, install or maintain any
improvements of a public or private nature on or off the Premises, or otherwise impose
liability on Purchaser; and
(b) At all times during the term of this Agreement and as of Closing, all of Seller's
representations, warranties and covenants in this Agreement shall be true and correct; no
representation or warranty by Seller contained in this Agreement and no statement delivered or
information supplied to Purchaser pursuant to this Agreement contains any untrue statement of a
material fact or omits to state a material fact necessary in order to make the statements or
information contained in them or in this Agreement not misleading.
8
12. DEFAULT. In the event of a failure by Purchaser or Seller to perform any obligation or
covenant which either ofthem is obligated to perform under this Agreement, except for the failure to
close in accordance with the terms of this Agreement, which failure shall constitute an immediate
default hereunder, no default shall occur until notice thereof is given to the defaulting party by the
other party hereto asserting an event of default has occurred, describing the nature ofthe default, and
giving a period often (10) days to cure the default, if readily curable by the payment of money, or a
period of forty- five (45) days to cure the default, if not readily curable by the payment of money. If
after notice and the cure period provided in the preceding sentence, the Purchaser is in default, then
the balance ofthe Deposit shall be paid to and retained by and for the account of Seller as agreed and
liquidated damages and in full settlement of any claims whatsoever, and this Agreement shall
terminate and be of no further force or effect. If Seller fails to perform any of its covenants set forth
in this Agreement or fails to properly convey the Premises when obligated to do so in accordance
with the terms hereof, Purchaser shall be entitled to receive the return of the balance of the Deposit,
or seek specific performance against Seller, unless specific performance in not available to Purchaser
in which case Purchaser may seek any other remedy available at law or equity. Seller hereby
irrevocably waives any defense based on the adequacy of a remedy at law that may be asserted as a
bar to the remedy of specific performance in any action brought against Seller for specific
performance of this Agreement by Purchaser.
13. NOTICE. All notices, consents, approvals, waivers and elections which any party
shall be required or shall desire to make or give under this Agreement shall be in writing and shall be
sufficiently made or given only when delivered in person or by a nationally recognized overnight
courier service (such as FedEx), or sent by facsimile with the original simultaneously sent by U.S.
First Class Mail to:
(a) to Purchaser, c/o The Ingaham Group, 9155 South Dadeland Blvd., Suite
1512, Miami, Florida 33156 (Fax: 305-670-6745); Attn: Michael Hoeflinger, with a copy to
Purchaser's attorney, Shamira Klein, Esq., Berman Rennert Vogel & Mandler, P.A., 100 Southeast
Second Street, Suite 2900, Miami, Florida, 33131 (Fax: 305-373-6036).
(b) to Seller, Robert L. Saunders, ill, c/o Arnold Palmer Enterprises, 9800 Bayhill
Boulevard, Orlando, Florida (Fax: 407-867-4949) and Paul Birmingham, 338 Peruvian Avenue,
Palm Beach, Florida 33480 (Fax: 561-659-5068), with a copy to Seller's attorney,
Keith Austin, Esq., Coe Broberg & Austin, LLP, 223 Peruvian Avenue, Palm Beach, Florida 33480
(Fax: 561-655-0055).
or to such other address as any party hereto shall designate by like notice given to the
other parties hereto.
(c) to Escrow Agent, Howard J. Vogel, Esq., Berman Rennert Vogel & Mandler,
P.A., 100 Southeast Second Street, Suite 2900, Miami, Florida, 33131 (Fax: 305-373-6036); in any
event, a copy of all notices shall be sent to the Escrow Agent.
9
Notices, consents, approvals, waivers and elections given or made as aforesaid shall be
deemed to have been dated, given and received on the date of actual receipt.
14. ASSIGNMENT. Purchaser shall be entitled to assign Purchaser's rights and
obligations under this Agreement to any entity. Upon such assignment, Michael Hoeflinger shall be
released from any and all liabilities and obligations hereunder.
15. RADON GAS NOTICE. Pursuant to Florida Statutes Section 404.056(8), Seller
hereby makes, and Purchaser hereby acknowledges, the following notification:
RADON GAS: Radon is a naturally occurring radioactive gas that,
when it has 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 and radon testing may be obtained from your county public
health unit.
16. ESCROW AGENT.
(a) Escrow Agent undertakes to perform only such duties as are expressly set
forth in this Agreement. Escrow Agent shall not be deemed to have any implied duties or obligations
under or related to this Agreement. Escrow Agent is the law firm representing Purchaser. In the
event of a dispute between the parties, the parties consent to Escrow Agent continuing to represent
Purchaser, notwithstanding that Escrow Agent shall continue to have the duties provided for in this
Agreement.
(b) Escrow Agent may (a) act in reliance upon any writing or instrument or
signature which it, in good faith, believes to be genuine; (b) assume the validity and accuracy of any
statement or assertion contained in such a writing or instrument; and (c) assume that any person
purporting to give any writing, notice, advice or instructions in connection with the provisions ofthis
Agreement has been duly authorized to do so. Escrow Agent shall not be liable in any manner for
the sufficiency or correctness as to form, manner of execution, or validity of any instrument
deposited in escrow, nor as to the identity, authority, or right of any person executing any instrument;
Escrow Agent's duties under this Agreement are and shall be limited to those duties specifically
provided in this Agreement.
(c) The parties to this Agreement do and shall indemnify Escrow Agent and hold
it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in
equity, or other expenses, fees, or charges of any character or nature, including attorneys' fees and
costs, which it mayincur or with which it maybe threatened by reason of its action as Escrow Agent
under this Agreement, except for such matters which are the result of Escrow Agent's gross
negligence or willful malfeasance. Escrow Agent shall be vested with a lien on all property deposited
under this Agreement for the purpose of such indemnification, and for any other expenses, fees or
charges of any character or nature, which may be incurred by Escrow Agent in its capacity as escrow
10
agent. Escrow Agent has and shall have the right, regardless of any instructions, to hold the property
deposited in escrow until and unless said additional expenses, fees and charges shall be fully paid.
(d) If the parties (including Escrow Agent) shall be in disagreement about the
interpretation of this Agreement, or about their respective rights and obligations, or about the
propriety of any action contemplated by Escrow Agent, Escrow Agent may, but shall not be required
to, file an action in interpleader to resolve the disagreement; upon filing such action, Escrow Agent
shall be released from all obligations under this Agreement. Escrow Agent shall be indemnified for
all costs and reasonable attorneys' fees, including those for appellate matters and for paralegals and
similar persons, incurred in its capacity as escrow agent in connection with any such interpleader
action; Escrow Agent may represent itself in any such interpleader action and charge its usual and
customary legal fees for such representation, and the court shall award such attorneys' fees, including
those for appellate matters and for paralegals and similar persons, to Escrow Agent from the losing
party. Escrow Agent shall be fully protected in suspending all or part of its activities under this
Agreement until a final judgment in the interpleader action is received.
(e) Escrow Agent may consult with counsel of its own choice, including counsel
within its own firm, and shall have full and complete authorization and protection in accordance with
the opinion of such counsel. Escrow Agent shall otherwise not be liable for any mistakes of fact or
errors of judgment, or for any acts or omissions of any kind unless caused by its gross negligence or
willful misconduct.
(f) Escrow Agent may resign upon five (5) days' written notice to Seller and
Purchaser. If a successor escrow agent is not appointed jointly by Seller and Purchaser within the
five (5) day period, Escrow Agent may petition a court of competent jurisdiction to name a
successor.
(g) The provisions of this section shall survive the Closing and also the
cancellation of this Agreement.
17. GENERAL PROVISIONS. The following general terms and conditions apply to this
Agreement:
(a) SlNGULAR/PLURAL-MASCULINE/FEMININE. Words used herein in the
singular shall include the plural and words in the masculine/feminine/neuter gender shall include
words in the masculine/feminine/neuter where the text of this Agreement requires.
(b) TITLES. Headings in this Agreement are for convenience only.
(c) SUCCESSORS. The terms, covenants, and conditions ofthis Agreement shall
be binding upon and inure to the benefit ofthe parties hereto and their respective heirs, successors,
and assigns, except as herein limited.
11
(d) CHOICE OF LAW. This Agreement shall be interpreted according to the
laws of the State of Florida.
(e) LITIGATION. In the event there is any litigation arising out of this
Agreement, the prevailing party shall be entitled to recover all costs incurred in connection therewith
including, but not limited to, reasonable attorneys' fees.
(f) TIME. Time is of the essence in the performance of the obligation of the
parties to this Agreement.
(g) TIME OF ACCEPTANCE. This Agreement must be fully executed by all
parties hereto on or before 5:00 P.M., on May 22,2003, or this Agreement, and any offer contained
herein, shall be considered rejected and null and void and the Deposit(s) delivered pursuant to
Section 2 of this Agreement shall be refunded by the Escrow Agent to Purchaser. When fully
executed, the date oflast executed shall be deemed to be the "Effective Date" of this Agreement. If
the Closing Date, the date of expiration of any period of time or the date for the performance of any
act or the satisfaction of any condition, whether specified or determined by formula or calculation,
under this Agreement occurs on a Saturday, Sunday or legal holiday ofthe State of Florida, then the
Closing Date or such date shall automatically be extended to the next following business day.
(h) COUNTERPART EXECUTION. This Agreement may be executed in
counterparts, each of which will be deemed an original document, but all of which will constitute a
single document. A facsimile copy ofthis Agreement and any signatures thereon shall be considered
for all purposes as originals.
(i) CONSTRUCTION. This Agreement has been prepared by Purchaser and its
professional advisors and reviewed by Seller and its professional advisers. Seller and Purchaser and
their respective advisors believe that this Agreement is the product of all of their efforts, that it
expresses their agreement and that it should not be interpreted in favor of or against either Purchaser
or Seller. The parties further agree that this Agreement will be construed to effectuate the normal
and reasonable expectations of a sophisticated Seller and Purchaser.
18. ENTIRE AGREEMENT. This Agreement integrates and supersedes all other
agreements and understandings of every character of the parties and comprises the entire agreement
between them. This Agreement may not be changed, except in writing signed by the parties. No
waiver of any rights or obligations hereunder shall be deemed to have occurred unless in writing
signed by the party against whom such waiver is asserted and no waiver shall be deemed a waiver of
any other or subsequent right or obligations.
19. SELLER COOPERATION. Seller shall promptly join in and fully cooperate with
Purchaser and provide any information and promptly execute any forms necessary and required with
respect to (and Seller authorizes Purchaser as Seller's agent to make) any and all applications,
variances, permits, certificates of dedication, public works agreements or approvals deemed
necessary by Purchaser in connection with Purchaser's intended development ofthe Premises, all at
12
no cost to Seller. If any ofthe foregoing must, for any reason, be applied for or taken out in the name
of Seller, Seller agrees to promptly take any and all steps reasonably required in order for same to be
accomplished at no cost to Seller. Furthermore, Seller hereby designates Purchaser (or its designees)
as its irrevocable agent (which is coupled with an interest) for purposes of implementing the terms
and provisions of this Section 19.
20. PURCHASER'S RIGHT TO MARKET. From and after the date of execution ofthis
Addendum by both parties and continuing until the Closing Date, Purchaser, its employees, agents
and independent contractors (collectively "Purchaser's Group"), shall have the right and license to
enter on the Premises at any time, and from time to time, for the purpose of marketing the Premises
for sale of Purchaser's contemplated town home condominium project (the "Project"), including the
erection of Project signage and other advertising and sales activities necessary, in Purchaser's
discretion, for Purchaser's development of its Project (collectively referred to as "Purchaser's
Marketing Activities"). Seller hereby acknowledges and agrees that Purchaser shall be permitted to
enter into purchase contracts with potential buyers at the Project and otherwise market the Project to
the general public (which actions shall be part of Purchaser's Marketing Activities). Seller shall not
interfere in Purchaser's Marketing Activities. In the event Purchaser does not close on the Premises
as set forth in the Contract, Purchaser shall immediately cease and desist all Purchaser's Marketing
Activities. Thereafter, if requested by Seller, Purchaser shall provide Seller with assignments,
without warranty, of any development rights or approvals pertaining to the development of the
Premises obtained by Purchaser.
13
IN WITNESS WHEREOF, each of the parties have set their seals upon the dates indicated
hereinbelow, and the parties executing this Agreement hereby represent to the other that they have
full and complete authority to execute the same on behalf of the entities for which they sign.
Signed, sealed and delivered
in the presence of:
PURCHASER:
(J~~
As to PURCHASER
Michael Hoe i ger
Executed the li day of ~ 11 U 2003, by
PURCHASER. ~
SELLER:
RSPB, Inc., a Florida corporation
By: ~1 ~1J:L
Print Name: tZe;\od+. . S=-a", n.r(.c..rFt I\'o
T i tl e: -fl".", ..},') ..e-r-
Executed the23>::daay of ~,2003, by SELLER
AS TO SECTION 10
AGREED AND ACCEPTED:
By:
, President
ESCROW AGENT:
BERMAN RENNERT VOGEL & MANDLER, P.A.
G:\REAL ESTATE.. All Open Files\H\Hoeflinger\Documents\P&S Agreement.v4.doc
14
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Applicant's Name:
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PRE-APPLICATION CONTACT QUESTIONS
Phone: ,{10 ~7 .5-2.50:;>-51
1. HAVE YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT?
Yes . ~No
(IF YEs:" HAVE THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE-
APPLICATION MEETING?
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2. LOCATION OF PROPERTY (CROSS STREETS/INTERSECTIONS)
STAFF MEMBERS NA1\1E:
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3.
vVHA T WQULD YOU LIKE TO DO? /
/' NEW PROJECT -;(;-~<~ ~
BUILDING EXPANSION OR MODIFICATION.
CHANGE IN PRIOR USE?
IS THE STRUCTURE CURRENTLY VACANT?
VARIANCE TYPE:
POOL OR SCREEN ENCLOSURE
CO~ERCLALPROPERTY?
RESIDENTLAL PROPERTY?
lliDUSTRlALPROPERTY?
DO YOU KNOW THE ZONING CODE DESIGNATION?
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4.
TllvfE A1"\ID D ATE PREFERRED
5.
HOW M.AJN PEOPLE WILL BE AT THE PRE-APP MEETING?
Note: Tell the person that someone from the Department will call tltem to confirm tlte meeting.
..................................................................................
. Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled
no less than two (2) days prior to date/time of meeting. If urgency is sensed, discuss with Mike or Lusia.
. lVleetinl!s may be scheduled:
Monday afternoons
Tuesday all day
Wednesday all day
Thursday mornings
Note: Lusia is not available for Tuesday a.m. meetings,
and Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.m.
s: \P I ann ing\P lann ing\Pre-appl icati oneon taetquestions.doc
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PRE-APPLICATION CONFERENCE REV~W FORM
Date '1"" l' 0 b Time Started: .~ . U 0 Time Finished: 4-- .'00
Attending as Applicant
Phone
Fax
Proposed Project Information
Proposed Project Name and
Type/Use \J eXq-h cvV\
Site Location (Address if Available)
Site PCN
Existing Zoning 'e3
Existing Land Use/Density tiP,?
Anticipated Submittal Date
V\lt:ts
Cl.'Yl~.v..4/) ~c) Go If' PO/'rl)
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Proposed Zoning ~
Proposed Land Use/Density
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Vacant
Notes and Comments
Lot Area
Lot Frontage
Lot Depth
Setback
Height
Parking Requirements or Improvements
';:2... +"6 bct')f/I
So { Z ~ 100
Landscaping/Buffering
Non-conforming Use or Change in Use
Other Zoning Changes Required
Environmental Review Requirements
Notes/Comments/Recommendations
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NonCE: The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives,
policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed
at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming
based on actual plans submitted for review.
-
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PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
IVIEETING DATE:
TrME:
ATTENDING FOR APPLICA..N'T:
NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall
community goals, objectives, policies and codes ass related to the proposed development and to
discuss site plan review procedures. Opinions express at the pre-application conference are not
. binding for formal review purposes. Additional staff comments may be forth coming based on actual
lans submitted for review.
City of Boynton Beach Attending for Applicant
Attending Staff
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