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APPLICATION PROJECT NAME: Neelam Business Center ., ~ (fka Schnars) LOCATION: 924 N. Federal Highway PCN: 08-43-45-21-32-004-0210 &08-43-45-21-32-004-0201 I FILE NO.: NWSP 05-022 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Anaheim Properties ADDRESS: Joan Kippert and Alan Markovitch ADDRESS: 1155 SW 25th Avenue FAX: Boynton Beach PHONE: FAX: 561-369-71 06 - PHONE: 561-324-0639 SUBMITTAL / RESUBMITTAL 5/18/05 1 ST REVIEW COMMENTS DUE: PUBLIC NOTICE: 7/2/05 TART MEETING: 6/21/05 LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 7/12/05 AGENCY BOARD CITY COMMISSION MEETING: 8/2/05 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\Patel NWSP 05-022\2005 PROJECT TRACKING INFO. doc STEPHEN JAMES GROUP May 18, 2005 t~l~~ I 8 ,'" City of Boynton Beach Plans Review Department RE: Schnars Business Center Project 924 North Federal Highway Boynton Beach FL To Whom It May Concern: AA, LLC has contract to purchase property (attached) without conditions of approval by the City of Boynton Beach, with the purpose of developing the site to the previously approved drawings (Original Permit #03-1691). The plans are being resubmitted without any changes from original submittals. We agree to address all comments pending on these plans, {lrOrJaJ. J-~ ndy Patel, AA, LLC ~~l.,~ t Brady, SJG, President & CEO or Owner 198 NE 6th Ave Delray Beach, Florida 33437 P: 561.542.2320 F: 561.431.2312 City Codes Aecessed Via Website www.bovnton-beach.o~ www.amIegaJ.comlboynton_beach_fl.us CITY OF BOYNTON BEACH, FLORIDA Ii PLANNING & ZONING DIVISION I, SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN NAY '8 20llS Has applicant attended a pre-application meeting? 'i .e-~ ,Date rVI'A'-/ J <0 , '&005 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 SUBMmAL WILL NOT BE PROCESSED. Please print legibly (in ink) or type all information. I. GENERAllNFORMA TION 1. Project Name: SrJ'\ Y\ t-r12-,$ j~ /A.<.;lVJess CeVJfevz. 2. Property Owner's (or Trustee's) Name: /111~ L t. L Address: J50~ Reluedere. M} Ld I1Um ~eAGh fL --=S34o~ (Zip Code) Phone: ~/- 2A2 - y001 Fax: ~S&'J - 2-'12 - ~7() S 3. Applicanfs name (person or business entity in whose name this application is made): A;9/t.t-c_ --r Address: I SO"3 Eo I lJe J eve RJ} Phone: 5&1- ZLf2 - l/00 '7 , LJ PCdWl ~eACh FL 33CfOb, (Zip Code) Fax: 5&/ - 2 C/2 - g7 0.5. If contract purchaser, please attach contract for sale and purchase. 4. Agenfs Name (person, if any, representing applicant): "UrYle~J BRAOY J C;'lefh.el'\ ~Yt\~S trL.. Address: I q~ N E (/) t.! Rile. /)()/ eA vI Rt?AC-h FL =)3 Cf fr 3> I r (Zip Code) Phone: SIP/ - 212 ~ '11 too Fax: 5&/. 212- 7/ & ( E-Mail: eb ra. d.!:1-@ CWJArLO~ I OR . CoN) Correspondence tb be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:* 5. *This is the one address to which all agendas; letters and other materials will be mailed. 6. What is applicanfs interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) h pit Y'[ a<;er Street address of location of site: 7. q1-L/ AJ FedE-'ra/ J-I LU1 Property Control #(PCN) O~- Y 3- "'5.21-32. - 004 - 0210' og - 4 3 - 45 - 2/ -32 - DOc{ -b20t J 8. 11. 12. 13. 14. 15. 16. 17. 9. Legal description of ~l&: L () t s '2 I I 2-2. 2-3 less th'l: IAJt2cj J 1 &ri -Xhp-reof; ~efuev with W- 2D, 1e55 the elJ~+ E:S Fep't tnfvPOG -Block tt; lIL/~ke AdJ,110Vt # EoyfoV\ I~ Vl~fnr'/lVIj -b1~ plat J~f'r;J/JG Ct5 Intended use(s)ofsite:rif,'ce IrftPr/<'" '(tcorde) l'fl Pled &ot 1/) , fU1P 1/ ! 1ft{ publ; C (l'i!u,Js o,f ft;Jvn AG~UtAf1l11 FL . Architect: ~O~A fluJ-t rJ.e~Js (}) f ()()VA-fl t.I VJ landscape Archllecl: ~h na r<: F--~ I~ Pl'r I >1j & J:PM A 4 I O'V) Site Planner. &b/lClr<; EhjJlllf~r-'~ ~(po(A-f liJl1 Engineer: :Sf? h Vla V'<: fhj J JiJ ffl r {II 5 f!o rpJ r,q f / Ul/J 10. Surveyor. ;;fClM<'C' 5"C;"'~.. 'r 8",#,## =d~_ .',. . Traffic Engineer:...s:h nA- S &jH1eerl PI j G IJm h V"l Has a site plan been previously approved by the City Commission for this property? YES O,iV (/5'-/~-1/3 /31//~e7/;VF ;dt!S,;f?PNr:;IF tJJ- /'{7/ 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: M X. 2. Zoning District: .!'vJ IA - I 3. Area of Site (). 51 acres 2.. 21 8'.3 X 4. Land Use - Acreage Breakdown: a. Residential, including acres surrounding lot area of grounds b. Recreation Areas * acres (excluding water area) c. Water Area acres d. Commercial 0,52 acres JDO e. Industrial acres f. Public/Institutional acres g. Public, Private and Canal rights-of-way acres h. Other (specify) acres 2 sq. ft. % of site % of site % of site % of site % of site % of site % of site % of site i. Other (specify) acres % of site j. Total area of site acres % of site *including open space suitable for outdoor recreation, and having a minimum dimension of 50 fl by 50 ft. 5. Surface Cover a. Ground floor building area ("building footprint") (I. 0 g acres /5, 0 % of site b. Water area o acres % of site c. 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 courts. 0.30 acres s 1. 7 % of site d. Total impervious area 0 ,3 ~ acres 73 , I % of site e. Landscaped area 0 · V "3 acres 0 . 0 Co % of site inside of parking lots (20 sq.fl per interior parking space required - see Sec. 7.5-35(g) of Landscape Gode). 1. Other landscaped areas, 0,11 acres C)../ % of site g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas acres % of site h. Total pervious areas 0.1 'f acres ZiP. '1 % of site i. Total area of site V,52 acres /t)() % of site 6. Floor Area a. Residential sq. ft. b. Commercial/Office ~/75<-1 sq. fl c. Industrial/W arehouse sq. ft. d. Recreational sq. ft. e. Public/Institutional sq. ft. f. Other (specify) sq. ft. g. Other (specify) sq. ft. h. Total floor area g/lSi sq. ft. 7. Number of Residential Dwellina Units a. Single-family detached sq. ft. b. Duplex sq. ft. c. Multi-Family (3 + attached dwelling units) 3 (1) Efficiency dwelling units (2) 1 Bedroom dwelling units (3) 2 Bedroom dwelling units (4) 3+ Bedroom dwelling units d. Total multi-family dwelling units e. Total number of dwelling units 8. 9. Gross Density dwelling units per acre I \ III Maximum height of structures on site Y 4 - feet "3 stories 10. Reauired off-street oarkina a. Calculation of required # of off-street parking spaces. ~i1 30~~~21J6 = 15 ::1tff: t'e { S 1 _ 0/ 300 -:; f} = Off-street parking spaces provided o~ site plan , = /5" I~ = b. Calculation of required # of handicap parking spaces un D.er- SO ~Q.li/ VI) "Pc;lt't'S = Number of handicap spaces provided on site plan d- REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITIEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) 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) (VVe) 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. !l n01JJd, oJ' aS2- Signature of Owner(s) or Trustee, of Authorized Principal if property is owned by a corporation or other business entity. 5- J 0' ~ 0 Ii Date OR () ~nG-nor~ d ' {-/~ Signature of contract purchaser (if applicant) ,':J- I g- c) ~~ Date IV. ;;J IS/ZOOS-- Date (I) (We) hereby designate the above-signed person as (my) (our) authorized agent in regard to this application. e&-- k- (j ..'- J - 16 ,- O/:J Date (Jrl Cfr) cl- cJ ' Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. OR 'II' () ()-n~-noJ. cJ. ~ Signature of contract purchaser (if applicant) s-- ,'0 --0 ~ 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. 8 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. READ, ACKNOWLEDGED AND AGREED TO this i S-th-daYOf IV! f} Y ,20 0.5- g-m?:~ ,</,.~c A::!:::./,nof d, fld ~ Witness . .uNCMLYLES ~ CaMIIl r.. t/U)5 . He. DO 054111' I ) ~ kIlIIlII r tOIIIIr Lo. 9 CommerCIal COdbacA RDRIOAASSQCIA11ON OF REAIJOASe l' 1, puRCHASE AND SALE: ~ () .EJ.-.ITBJq Pie 1 ~E:~ a WI, / () r .Jq- ~Su~ ~ ("Buyer") . I 2" agrees to buy and q A 4 V E::kli\ J RE- Lt ~ {.SeIIer"} 3" agrees to seI the property desCribed as: Street AddresS: q Z. c.f ^) v p.~ArL J-I- uJlf 4' -pn44J.mAI A~t FL 33435 ft' Legal Description: L-o T ~tO: Lea<:J. ~~r .17::'- P1 Jf(f! 0 ALL () f!- I crf-~ ;!l J J :2"2 6" Cjnrt -:J. '3: {~J ~ 'I I LA-K G:- A----np rr,' ~JIJ ,to P B U- P ~ 7/ 7" and the foIIoWilg Personal Property: 8" 9 (81 coIectNeIy refened to as the .Properly") on the terms and condtions set forth below. The -Effective Date- of this Contract is 10 the dale on which the last of the PartieS signs 1he latest oller. Time is of the ISsaRC8 in this CoI.tract. Tme periods of 5 11 days or less wi be computed without i1cIuding Satu'day, Slnjay, or national legal holidays and any tine period ending on a 12 Saturday, Slrlday or nationa/legaI holiday wiI be extended lJ1tiI5:00 p.m. of the next business day. 13" 2. PURCHASE PRICE: 1." (a) DeposIt held in escrow by .ANA-lhE:U",,\ "Pi21JPE::.i81~~ ~~/() 1ft' (b) Additional deposit to be made within days from Effective Date 18" (e) Total mortgages (as referenCed in Paragraph 3) 17" (d) Other. 16" (e) BaJance to close. subject to adjustments and prorations. to be made with cash. IocaHy drawn 19 certified or cashier's check or wire transfer. (p A tJ, {YY? I 0-0 $ $ I ~ ": ()012, Q3 $ (9- $ @- $ .g- Ob $ ~100, bODf - 2U 3. ntlAD PARTY RNANCING: Within _ days 1i'om EffectiYe Date rAwlicatiOn Period"). Buyer , at Buyer's expense. appIv for 21' third party financing in the arTl()tX1t of $ 'IT years and due in no less than _ years and with a fixed interest !'ate not to a _% per year or variable intereSt rate not 23" to exceed a _% at origination with a Ifeti11e cap not to exceed % 1i'om initial rate. with additional terms as foIows: - 24" 25 Buyer wi pay for the mortgagee tilIe . and for aI 10m expenses. Buyer wi tineIy provide 8I"tf and aI credit. reasonably recp.ired by 8lr'i lender. Buyer wi notify SeIer irnmedately upon obtaining 27* financing or being rejected by a lender. If Buyer. after dIgent effort. fais to obtain a 'Mitten commitment within days 1i'om 28 Effective Date rFinanci1Q PeOOd1. Buyer may calC8I the Contract by giving prorll>t notice to SeIer and Buyer's df3pOSit(s) will be 9. D ~i1 ~daIlC8 with !!t== receipt of a copy of this page. which is page 1 of 5 I AI RigtlIIl Res8MId 31' 4, TITLE: Seller has the legal capacity to and will convey marketable title to the Property by ~OIY warranty deed 32' a other . free of liens, easements and encumbrances of record or known to Seller, 33 but subject to property taxes for the year of cIosWlg; covenants, restrictions and public utility easements of record: and (list any 34" other matters to which title wiD be subject) 35' 36" provided there exists at closing no vioIa1ion of the foregoing and none of them prevents Buyer's intended use of the Property as 37" 36" (8) EjdEIence of Title: Seller wiI, at (check one) ~ a Buyer's expense and within /0 days a from Effective Date 39" ~prior to CIoslng Date a from date Buyer meets or waives financlng contingency in Paragraph 3, deliver to Buyer (check one) <<r D1ftitIe insu'ance commitment by a FIorlda licensed title insurer and, l4JOI1 Buyer recOfdiflg the deed, an owner's policy in 41 the amount of the pu'Chase price for fee simple title subject only to exceptions stated above. ~ a an abstract of title, prepared or brought CUTent by an existi1g abstract firm or certified as correct by an existing firm. 43 However, if such an abstract is not avaiabIe to Seller, then a prior owner's title policy acceptable to the proposed insurer as 44 a base for raissuance of COIIer8Q9. The prior policy wiI include copies of aI policy exceptions and an update in a format 45 acceptable to Buyer from the poley effectNe date and certified to Buyer or Buyer's closing agent together with copies of all <46 documents recited i1 the prior policy and in the update. 47 (b) Title Examination: Buyer wiI, within 15 days from receipt of the EMdence of title deliver written notice to Seller of title 48 defects, Title wi be deemed ac:ceptabIe to Buyer i ~ Buyer fais to deliver proper notice of defects or (2) Buyer deINers proper .. written notice and SeIer cues the defects within days from receipt of the notice rCuative Period"). If the defects are 50 cured within the Coo1tiYe Period, closing wi OOQX within 10 days from receipt by Buyer of notice of such ClI1ng. Seller may 51 elect not to cure defects if SeIer reasonably believes any defect cannot be cued within the Cu'ative Period. If the defects are 52 not cured within the Curative Period, Buyer wi have 10 days from receipt of notioe of SeIIer's inability to cure the defects to 53 elect whether to terminate this Contract or accept title subject to existing defects and eIose the transaction without reduction in 54 J)lA"Chase price. The pa1y who pays for the EMdence of title wi also pay related title service fees i1cIuding title and abstract 55 charges and title examination. 56 (e) ~(check applicable provisions below) 5r. ~ wi, within 5- days from Effective Date, deliver to Buyer copies of prior SlI'WyS, plans, speclfications, and 58" ~ doaments, if . and the ~ doctments rekMv1t to this transaction: J4....l....L- 59" A-f?CtfJ..i ~~~14 (~ 'Put-AJg . prepared for SeIer or in SelIer's 60 ~, which showal ~ structu'es. 61. ~ wi, at a SeIIer"s IlKJUyer's expense and within the tine period allowed to delMlr and exanine title EMdence, 62 obtain a amn certified suvey of the Property from a regislered ~ If the SU'V9Y nweals encroachments on the 63" Property or that the irrJ;lI:owments encroach on the lands of another, a Buyer will accept the Property with existing 64" encroachments 91U:h encroachments will oonstitute a title defect to be cured within the CuratiYe Period 65 (d) Ingress and Egress; Seller wanants that the Property presently has ingress and egress. 68 (e) Poss BSsion: Seller wlI deliver possession and keys for allocks and alarms to Buyer at closing. PROCEDURE: This transaction wi be closed in PA-i-M..I7>~ i/ County, Florida on or wiIhin _ days from EffectNe Date rClosioo Date"), unless otherwise extended fB' herein. a Buyer wi designate the dosing agent. Buyer and Seller wi. within t" days from Effective Date. deliver to 70 Escrow Agent signed instructions which prO'Jide for cIosWlg proced&xe. If an institutional lender is providing purchase funds, lender n requirements as to place, tin1e of day, and dosing pI'OCe(bes wi control aver any OOIlbary provisions in this Contract. 72 73 74 (8) Costs: Buyer wi pay taxes and recording fees on notes. mortgages and fillallCirlQ statements and recording fees for the deed. Seller wi pay taxes on the deed and reoordi1g fees for cIoCl.ments needed to cue tilIe defects. If SeIer is obligated to dscharge any encumbrance at or prior to closing and fails to do so, Buyer may use puchase proceeds to satisfy the encumbrances. (b) Docwnents: Seller wiI prO'Jide the deed, bI of sale, rnectalic's lien aftidaIIit, assignments of leases, updated rent roll, tenant and lender estoppel letters, assignments of permits and licenses, CCJmJCti\Ie instruments and letters notifying tenants of the change in ownershipIrentaI agent. If any tenant refuses to execute an estoppel letter, SeIer will certify that information regarding the tenant's Jease is coned. If SeIer is a corporation, Seller wi deliver a msoIution of its Board of Directors aJthorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the reso/ution and setting forth facts showing the COf'l'J8y8I1Ce conforms with the requirements of local law. Seller wiI transfer secuity deposits to Buyer. Buyer will provide the closing statement, mortgages and notes, secuity agreements and financing statements. and -~~ raceipt 01 a copy 0I1tis _. which is _2 015 Pages. 75 78 77 78 79 80 81 82" 83" 84' B5" 86 lIT 8ll' 8ll 90 91 92 !Ii 94 95 96 (e) Taxes. Assessments, ... Prorations; The foIIowi1g items wi be made a.rrent and prorated a-a;; of CIcxWlg Date o as of : real estate tmces, bond and assessment paoyments assl.ned by Buyer, interest, rents. association dues. inst.I'ance prgnilnls acceptable to Buyer. qJElt'8tionaI expeIlS9S and tf the atTIOl.nt of taxes and assessments for the CU1llflt yf!JI8I' c:amot be ascertai led, rates for the preIIious yf!JI8I' wi be used with due abNSI109 being made for ~ and exeIllptions. SeIer is aware of the foIowing assessmElI Its aff9ctilg or potentiaIy affecting the Property: Buyer wi be responsible for all assessmer Its of any kind which become due and owing on or after EfJeclNe Date, lI1Iess the irnproVeI11et1t is substantially completed as of Closing Date, in which case Seller wit be obligated to pay the entire assessment. (d) F1RPTA Tax Withholding: The Foreign Investment in Real Property Iv:;t rARPTA") requires Buyer to withhold at closing a portion of the purchase proceeds for remission to the Internal Revenue Service rI.RS.") if Seller is a "foreign person" as defined by the Internal Revenue Code. The parties agee to COfl1JIy with the provisions of FfPTA and to provide, at or prior to dosing. appropriate doct.mentation to estab&sh any applicable exemption from the wlthholding requirement. If withholding is required and Buyer does not have cash sufficient at closing to meet the withholding requirement, SeIer will provide the necessary funds and Buyer wiD provide proof to Seller that such f1Slds were property remitted to the I.R.S. Buyer and Seller authorize fp Facsim E 9ll" I- j~ - , to act as .Escrow Agent" 100' to receive b1ds and other items and, subject . cistuse them i1 acoordaIlO8 with the terms of-this Contract. Escrow 101' Agent wit deposit all flJ1ds received i1 erest bearing escrow account a an inter9st bearing escrow account with 1lP' interest accning to with interest disbu'sed (check one) a at closing lCB* Q at intervals. If Escrow Agent receives oonfticting demands or has a good faiIh c:bbt as to Escrow 104 Agent's duties or liabilities under this Contract, helshe may (a) hold the subject matter of the escrow untI the parties mutually 106 agree to its cisbu'sernent or 1nI issuance of a COt.It order or decision of atJibtdor deterrTW1ing the parties' rights regarding the 1aJ escrow or (b) deposit the subject matter of the escrow with the clerk of the drolit COt.It haYing jl.risdictioll Oller the dspute. Upon 107 notifying the parties of such action, Escrow Agent 'Nil be released from a111iab1ity except for the duty to 8CC()lrt for items 1at previously deIvered out of escrow. If a licensed real estate broker. Escrow Agent wi COfl1JIy with applicable provisions of Chapter 1(8 475, Florida Statutes. In any Slit or a'bmatior1 in which Escrow Agent is made a party becaJSe of acting as agent her8l.I1der or 110. interpIeads the subject matter of the escrow, Escrow Agent wi recoIIeI" reasalable attorneys' fees and costs at aIlleIIeIs. with 111 such fees and costs to be paid from the esen:lJJed fU1ds or eqUvaIent and charged and awarded as cou1 or other costs in favor 112 of the prevaiIlng party. The parties agree that Escrow Agent wi not be liable to any person for mlsdeIIvery to Buyer or Seller of 113 escrowed items. lM1Iess the misdeIiwry is We to Escrow Agent's wiIIUI breach of this Contract or gross negligence. 114 7. PROPERTY CONDITION: Seller Wl1 deIiIIer the Property to Buyer at the tine ageed in its present .as is. condition, 0Idinary 115 wear and tear excepted, and wi mai1tain the IaI dscapi IQ and grolM1ds i1 a ~ condition. Seller makes no warranties 118 other than marketability of title. By accepting the Property .as is,. Buyer waives aD cIains against Seller for any defects in the 117 ~Oleck (a) or (b)) 118'. lW"(8) As Is: Buyer has inspected the Property or waNes any right to inspect and accepts the Property in its .as is. condition. 119" Q (b) Due Diligence Period: Buyer wi. at ~ expeIlSe and wiIhil days from EfectiI,te Dare ("Due ~ Period"). 120 c::ieteIn*le 'NheIher the Property is sUtabIe, in ~ sole and absoIlll.e dIscr9IiCJn, for Buyer"s i'1tSIlded use and de\IeIopment of 121 the Property as specified in Paaglaph 4. Olmg the Due [Jlgel108 Period. ~ may COI'lOOct any tests. a1aIyses, St6Y9YS and 122 invesligalb IS rlnspeclior IS' which Buyer deems nee:; Q 66 o.y to detemn to Buyer's ~~ the Property's algi 1gefIlg. 123 ard1itectu'at erMroI d'l'ltIlblI properties; ZO'W1g and zoning .f86trictia IS; floocIzone desigllaItion and lestrictIollS; SlixI\IisiOn 124 rr:v ~ soi and gada; aVaiIabity of access to plbIic roads, water. and other uIities; <XlI ISisIeI q with local, state and regional 125 gowIh IT18II8(Jel118I1t and oorJ1lI'8her ISNe land use pIa1s; IN lI:L.ity of permiIs. gcMI'rment approvals and IioeIIS8S; ~ with 126 Amelica1 with Disabities k1; abser IC8 of asbestos, soi and gcmd \N8ler oonIallli latior I; and other i ISP8cIb IS that Buyw deems lZ( appropr late to detetllli Ie the StiIabiIity of the Prqlerty fa- Buyer"s ... dad use and dewIopmeI t. Buyer shaI deIi\oter written notice 128 to Seller prior to the expiratkln of the Due Diger IC8 Period of Buyer's detsrmi lStion of whether or not the Property is acceptable. 129 Buyw's fai.nJ to 0CJ'TllIy with this notice reqli'ement shaI oonstilute aooepta IC8 of the Property in its present -as is. 00I1Cf1tion. 130 Seller grcns to Buyer, iIs agents, OOIltractars and assl(Jls. the riglt to enter the Property at 8nJ tine dlIirJJ the Due Digence 131 Period fa- the pupose of concJuctklg Inspectior IS; proIIided. ~ that Buyer, Is agents, cor cractors and assigls enlIlr the 132 Property and cooclJct Inspections at their own risk. Buyer shaI i1demnify and hold SeIer tan1ess from losses. damages, costs, 133 claims and 8lqleI1geS a any nalu8, i1ckJcIng aI:torneys' tees at a11EMil1s. and tan Iabity to any person. aising 1i'om the conduCt of 134 Bnf and all inspections ex 8lr'i work 8lJIhortzBd by Buyer. Buyer wi not engage i1 any acIMty that c::cUd resUt in a meciWic's Ian 135 being fled against the Property without Sels.... prior written <XlI lS81l1n the awn this transa::tia1 00es not dose. (1) Buyer shaI 136 repai' aI damages to the Property resUIi1g from the klSP8clb IS and reb.m the Property to the conc:Ition it was in prior to conduct of 131 the Inspections. and (2) Buyer shalt at Buyer's 8lqleI1S8, release to Seller aI reports and other work generated as a resUt of the 138 Inspections. ShoUd Buyer delver tineIy notice that the Property is not aooepIable, SeIer 1geesthat Buyer's deposit shaI be 139 immedatelv l'8llmed to Buyer and the CooIract terminated. 140" ~L-J and acknowledge receipt of a copy of this page, Which is page 3 of 5 Pages. 141 (e) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parties, 142 conduct a final "waI<-throtQ'\. inspection of the Property to determine compliance with this paragraph and to ensure that all . 143 Property is on the premises. 144 (d) DisClosures: 145 1, Radon Gas: Radon is a naturally 0CClITing radioactive gas that, when it has acx::urntJated in a building in sufficient 146 quantities, may present heaIIh risks to persons who are exposed to it CJ\/f!X time. lSII9Is of radon that exceed federal and state 147 guidelines have been fOU'ld in buildings in Florida. Additional information regarding radon and radon testing may be obtained 146 from y(U' ca.nty public health lI'lit. 149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real 150 Property. 151 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller wi continue to operate the Property and 8lr'i business 152 conducted on the Property i1b Il18I'i18I" operated prior to Contract and wi take no action that would adwrseIy impact the 153 Property, tenants, lenders or business, if 81l'I. Ant changes, such as renting vacant space. that materiaIy affect the Property or 154" Buyer's intended use of the Property wi be permitted a oriy with Buyer"s consent a without Buyer's consent. 155 9, RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the 8IIeI1t any condition of ttis Contract is not met and 158 Buyer has timely given 8ni reqUred notice regarding the concItIon having not been met, Buyer's deposit wi be retuned in 157 accordance with applicable Florida laws and regulations. 158 10, DEFAULT: 159 (a) In the 8IIeI1t the sale Is not closed due to any defaljt or faiUe on the part of SeIer other ttlCI'l falIure to make the tiUe leo marketable after diligent eifert, Buyer may either (1) receive a refl.nd of Buyer"s deposit(s) or (2) seek specific perfonnaIlCe. If 181 Buyer elects a deposit refund, SeIer wi be liable to Broker for the fuI arTIOlI1t d the brokerage fee. 182 (b) In the event the sale is not closed due to any defaljt or faUe on the part of Buyer, Seller may either (1) retain aM deposit(s) 163 paid or agreed to be paid by Buyer as 8(Jeed '-'>Oflliquldated damages. calSideration for the execution of this Contract. and in 184 fuR settlement of any cIains, '-'>Ofl which this Contract wi terminate or (2) seek speci&c perbn 18I1C8. If SeIer reIains the 165 deposit, Seller wi pay the Usting and Cooperating Brokers named i1 Paragaph 12 fifty percent of aI forfeited deposits retained 186 by Seller (to be split equaJIy among the Brokers) up to the fuI amount of the broketage fee. 167 11. ATTORNEY'S FEES AND COSTS: In any daim or COI'ltr'overSy arising out of or relating to this Contract. the prevailing party. 186 which for purposes of this pro\Ilsion wi include Buyer, Seller and Broker, wi be awarded reasonable attorneys' fees, costs and 189 expenses. 110 12. BROKERS: Neither Buyer nor SeIer has utifized the services of, or for 8I"tf other reason owes compensation to, a licenSed 171 real estate Broker other than: J1 ~,. 172" (a) Listing Broker: ~ tl&l'1 ~~RhK1--5 173" who is a an agent of ~tJansaction broker ~OOI~ 174" and who wi! be compensated by u-S8i8r a Buyer a both parties plISU8I1t to 91f1iStlng agreement a other (specify) 175' 116" ... ~ lJbO 171" 178' (b) Cooperating Broker: 17V who is a an agent of a a transaction broker a a nonrepresentati 18)" and who will be compensated by a Buyer a SeIer a both parties pursuant to a an MLS or other offer of compensation to a 181' cooperating broker a other (specify) 182" 183" 184' 185 (cdIect:iveIy referred to as "Broker1 in caWIeCtiof, wih 8I"tf act mIating to the ~ mkJdilgiU not imited to inquirias. 186 introductions, constMations and negotiatior IS resUting i1 ttis trallS8CIion. SeIer and Buyer agree to indem My and hold Broker 181 harmless from and against Iosges. damages. costs and expenses of 8nf kind, irdJdi'1g f88SOIlabS attorneys' fees at alleIIels. and 188 1i'om liability to any person, ~ from (1) ~ IS8tion claimed which Is floalSistelt wih the repmoo, ltatb I il ttis Par.vaPh. (2) 189 e1lforcemellt action to coIect a brokerage fee pllSuant to Paragaph 10, (3) 8I'rI <lJly accepted by Broker at the feCJJ9Sl of Buyer or 190 SeIer, which dJty is be10nd the scope of services reQllIatecI by 01apter 475. F.8., as aneI K.ted, or (4) reoommendaIions of or services 191 provided and expel ISeS inamJd by 8nf thid pewty whom Broker refers. recommer Ids or retains for or on behalf of ~ or Seller. 192" 13, ASSIGNABIUTY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise a is not assignable 100" a is assignable. The tetms "Buyw,. -Seller" and "Broker" may be sirlgUr:w' or pUaI. This Contract is 00ding upon ~, Seller 194 and~, personal . successors and assigns [If assigI.,lElrlt is permitted). 195' ~ L-J and Seller receipt of a copy of this page, which is page 4 of 5 Pages. 196 14, OPTIONAL ClAUSES: (Check if any of the foIowing clauses are applicable and are attached as an addendllTl to this Contract): 197" a ~tion a SeIer Warranty a Existing Mortgage 198" ~Section 1031 Exchange a Coastal Construction Control Una a Other 199" a Property Inspection and Repair a Flood Area Hazard Zone a Other 200" a Seller Representations a Seller Rnancing a Other 201 15, MISCElLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modfications of 2IQ2 this Contract wi not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents 2m referenced i1 this Contract. counterparts and written modifications corTlITUlicated electronically or on paper will be acceptable for 204 aI purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail 2ai 0'Jer preprinted terms. If any provision of this Contract is or becomes invaJid or unenforceable, aD remaining provisions will continue 316 to be fully effective. This Contract will be construed lWlder Florida law and wit not be recorded in any public records. Delivery of any 201 written notice to any party's agent wi be deemed deIiYery to that party. D THIS IS INTENDED TO EEA 1..mAIJ..Y BH>><<l CONTRACr. F NOTRJUYlNJERSIOUJ, SEEKltEADVICE OF AN ATIORNEY 3llI PfIORTOSIGNftG. BAOI<ERAlMSES EIlIYmAN)SEl.l..mlOVSIFY AU. FACTS AN) RD'~ntAT ARE 210 u:aoFnMTlO TtEM AN) TOCONStAJ" AN APPROPFMrE PROfESSIuotALfOR LEGAL ADVICE fOR E)(A"API.E, 211 III I t::t'lt"l1L lING CON1'RACIS, ~I t;;I....-aIG 1lE ~'"T OF LAWS ON 1lE PROPERlY AN) 1RANSAC11ON. SDmJS OF 212 11Tl.E, FOREIGN ~IUHFEPOhlftG REQUIB.BfIS, ETC.)AN)fOR~ PROPI21I'fOONDl11ON, ~AHD 213 OTtER SP=r.W m:::nArNa. ~ACKNOWI..EDGEs1HATBROKER I:)()e) NOTOCCUPYllE PROfutI'f AHD1HAT ALL 214 fEPRESENDQlONs p:w., WRmEN OR.onEJWJISQ SV BROKER AlE BASED ON SEIJ..ER REPRESENrA1lONS OR PUBUC 215 RECOAl)S lNESS BAOI<ER INDICATES PERSONAl. VEfIfICA110N OFllE fU1 ~ Bt.IYmAGfEES TO RELY 216 ~ RV ONSEI..l.B\ ~I'4SPECTOtc:iAN)~AGENCESRlRVEfIfICA11ONOFntEPROPt:HI'f 217 CX)N[)fTJ()N, SQUARE ~ANO FACTS lHAT MRERIAU..Y AFFECT PROPt:HI 'fVALUE. ~ 216" DEPOSIT RECEIPT: Deposit of $ /.:zJ"1 () 00 by ~ .:581 e; check a other ;l~ 7/ C =<-C received on 219" .)9: ,l e.() .> by 22l) . S9Jatue of EsctrNt Agent 221 OFFER: Buyer offers to puchase the Property on the above terms and conditions. ~ acx::eptance is signed by Seller and a 222" signed copy deIYered to Buyer or ~ agent no Jater than -S- a am. E:l"j).m. on A?~t..- ~ IF? ~.rJO"S" 223 Buyer may revoke this offer and receNe a refund of aI deposits. 224"Date:f-.:25'~5"'~ //r7C<:'77Q.. 01. ~~ Tax ID No: 22S" 226' zoo Date: Title: Address: BUYER: Telephone: Facsimile: Tax ID No: 226' 229' Title: Address: Telephone: FacsimiJe: 2:IJ' ACCEPTANCE: Seller accepts ~ offer and agrees to seI the Property on the above terms and conditions P subject to the 231 ~~~. 232' Date: J .~.()S SEUER: 233" 234' Title: Address: Tax 10 No: Telephone: Facsimile: 235" Date:4.... 1.(..... r SFlII?I: Tax 10 No: 23S" Title: 23T" Address: 23S" Buyer ~ and SeI~~ acI<nowIedge """"" of a copy of 1Iis _ wI1lch is ~ 5 of 5 Pages. . The Rorida AssoQetioo d f&uoRs makes i as to the /egIII vaIcIty ex adequacy of any prtMsion d ltW; form In any speciIc transaction. ThIs stalldai~ form shoUd not be used In ex wiIh lIIdlIrllINe rIder8 ex addIIlons. 1l1ls fdrrn Is avaiI8bIe for use by the entire reel estate /nctlSIry and is not int8nded to Identify the user as a A6<uuR is a 18gi&1a.$d ooII8clMt men lb.llI 41 mark wtich may be used only by reel estate Iicengees who In ..18I1lb.S d the NA11ONAL. ~lJON OF and who Slb8crI:Ie to lis Code of EthIcs. The ~ Iawa d the lk1iIBd SIaIeI (17 U.S. Code) forbid the I.I1IUhorImd I8pRlducIan d lt1is form by any f'I18lnI inctdng facsmIe ex <XIrf1JUterimd forms. CC-2 0 19111 FIaIfda Ae8OOIIIb. d fIE4la.1tlRge AI RIgt1I8 Ae8erwd ~ ~eIephone: Facsimile: "a~ l~ O~ ll:l~a RNHt. ." PROPERTIES 561 3...~7106 p.2 EXTENSION OF CLOSING This is an addendum to a Commercial Contract for the Sale and Purchase of 924 N. Federal Highway, Boynton Beach, Florida, between 924 Venture, LLC. Sellers, and Anand Enterprises andIor assigns. Buyer, entered into on April 25. 2005. The closing date of May 20. 2005 shall be extended to Juty 19, 2005, The Buyer win put $50.000 additional deposit into escrow with AnaheIm PropertIes. Inc. within three business days_ This non-refundable deposit will apply toward the balance paid at closing. All other conditionS of the contract remain. ,LtC ~1-0'!(" date /Jnonc!. d,~ - s- / ti1 .,.. (')~ date Anand Enterprises andlor assigns