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APPLICATION .. PROJECT NAME: Gu~...;rream Lumber LOCATION: NW Corner of Woolbright Rd. & Federal Hwy. PCN: 08-43-45-28-00-000-5100 I FILE NO.: NWSP 05-021 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Gulfstream Lumber James G. Vitter ADDRESS: Kimley-Horn Associates, Inc. ADDRESS: 601 21st Street Suite 400 FAX: Vero Beach, FL 32960 PHONE: FAX: 772-562-9689 - PHONE: 772-562-7981 l\\o<6q SUBMITTAL / RESUBMITTAL 5/18/05 1 ST REVIEW COMMENTS DUE: 6/9/05 PUBLIC NOTICE: 7/31/05 TART MEETING: 6/28/05 LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 8/9/05 AGENCY BOARD CITY COMMISSION MEETING: 9/6/05 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\BEACHSIDE@ BOYNTON\NWSP 05-021\2005 PROJECT TRACKING INFO,doc ~ City Codes Accessed Via Website www.bovnton-beach.org www.amlega1.com/bovnton beach fl CITY OF BOYNTON BEACH, FLORIDA MAY I 8 LUU~; 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 05/10/2005 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 subm itted with the application for the initial process of the Site Plan Review procedure, AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED. Please print legibly (in ink) or type all information. I. GENERAL INFORMATION 1. ProjectN ame: Gulfstream Lumber 2, Property Owner's (or Trustee's) Name: Gulfstream Lumber Company Address: 1481 West 15th Street, Riviera Beach, FL 33404 Phone: (561) 472-9220 (Zip Code) Fax: (561) 472-9164 3. Applicant's name (person or business entity in whose name this application is made): Epoch Properties, Inc. Attn: Kyle Riva Address: 359 Carolina Avenue, Winter Park, FL 32789 Phone: (407) 644-9055 (Zip Code) Fax:J407) 644-9845 If contract purchaser, please attach contract for sale and purchase. 4. Agent's Name (person,i f any,r epresenting applicant):_James G. Vitter Kimley-Horn and Associates, Inc. Address: 601 21st Street, Suite 400, Vero Beach, FL 32960 Phone: (772) 562-7981 (Zip Code) Fax: (772) 562-9689 5. Correspondence to be mailed to agent only; if no agent, then to applicant unl ess a substitute is specified below:* *This is the one address to which all agendas; letters and other materials will be mailed. 6. What is applicant's interest in the prem ises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) buver. builder. develooer. contract ourchaser 7. Street address of location of site: Northwest corner of U.S. Highway 1 and Woolbright Road. 8. Property Control #(PCN) 08434528000005100 9, Legal description of site: See attached. 10. Intended use(s) of site: Mixed use with two multi-famiy high rise buildings, townhouses, and retail stores with loft apartments above. 11, Architect: Fugleburg Koch Architects, 2555 Temple Trail, Winter Park, FL 32789 12. Landscape Architect: Kimley-Horn and Associates, 601 21st Street, Vero Beach, FL 32960 13. Site Planner: Barry Rymer, 500 Winderly Place, Suite 100, Maitland, FL 32751 14. Engineer: Kimley-Horn and Associates, 601 21st Street, Suite 400, Vero Beach, FL 32960 15, Surveyor: Kimley-Horn and Associates, 601 21st Street, Suite 400, Vero Beach, FL 32960 16. Traffic Engineer: Kimley-Horn and Associates, 601 21st Street, Suite 400 Vero Beach, FL 3291 17. Has a site plan been previousl y 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: MX-L 2, Zoning District: MU-L 3, Area of Site 14.64 acres 637 ,584 sq. ft. 4. Land Use -- Acreage Breakdown: a. Residential, including 14.64 acres 100 % of site surrounding lot area of grounds b, Recreation Areas * NA acres NA % of site (excluding water area) c. Water Area NA acres NA % of site d. Commercial 3.76 acres 26 % of site Industrial NA acres NA % of site Public/lnstitutional NA acres NA % of site Public,P rivate and Canal rights-of-way NA acres NA % of site Other (specify) NA acres NA % of site Other (specify) NA acres NA % of site e. f. g, h. i. j. Total area of site 14.64 acres 100 % 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 356,996 area ("building footprint") Water area NA acres 56.0 % of site acres NA % of site Other impervious areas, includi ng paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic 160,881 acres 25.2 % of Total impervious area 517,877 acres 75.2 % of site Landscaped area 119,707 acres 18.8 % 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, NA NA % of site acres g. Other pervious areas, incl uding golf course, natural areas, yards, and swales, but excluding water areas NA acres NA % of site h, Total pervious areas 119.707 acres 18.8 % of site i. Total area of site 14.64 acres 100 % of site 6. Floor Area a, Residential 385,422 sq. ft. b, Com mercial/Office 45,613 sq. ft. c. IndustrialIWarehouse NA sq, ft, d. Recreational NA sq, ft, e. Public/Institutional NA sq. ft, f, Other (specify) NA sq, ft, g. h. " Other (specify) NA Total floor area 431,035 sq. ft. sq, ft. 7, Number of Residential Dwellinq Units a, Single-family detached sq. ft, b. Duplex NA sq. ft. c, Multi-Family (3 + attached dwelling units) (1 ) Efficiency NA dwelling units (2) 1 Bedroom 240 dwelling units (3) 2 Bedroom 270 dwelling units (4) 3+ Bedroom 74 dwelling units d. Total multi-family 584 dwelling units e. Total number of dwelling units 584 8. Gross Density 39.89 dwelling units per acre 9, Maximum height of structures on site 75 feet 6 stories 10. Required off-street oarkinq a, Calculation of required # of off-street parking spaces. See Attached Plan Oft-street parking spaces provided on site plan See Attached Pia = = = b, Calculation of required # of handicap parking spaces See Attached Plan Number of handicap spaces provided on site pi an See Attached Plan = REPRESENTATIVE OF THE PROJECT 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. '. 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 ~p unless signed a ordlng to the instructions below, 2 - U;" ~5 Date OR Signature of contract purChaser (If applicant) IV. AUTHORlZAll0N OF AGENT Date Signature of Authorized Agent Date (I) (We) hereby designate the above-signed person as (my) (our) authorized agent In regard to this application. Date Signature of Owner(s) or Trustee, _or Authorized Princlpallf property Is owned _by a corporation or other business entity. OR Signature of contract purchaser Of applicant) 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. ~oo/~oo~ cnoa:aos .. ONI SBIxaRdOHd ROOda St86 tt9 Lot IVd 11:S1 SOO~/1~/~O .,... ~ .......; 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/ O~ ~Mt { "), d-.~ .'~, .---- ,20 C'-S \ " CONCURRENCY REQUIREMENTS NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS Please be advised that all applications for the following land development orders and perm its which are submitted on or after June 1, 1990 w ill be subject to the City's Concurrency Management Ordinance, an d cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation, park, and road facilities) would be availabl e 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 us e 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 dem and 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 per mits submitted after February 1, 1990 and which generate more than 500 net vehicl e 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 prelim inary plat and Palm Beach County Health Department permit applications were subm itted 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 perm it, if a site plan or conditi onal use application was submitted prior to June 1, 1990 and subsequently approved and the si te plan or conditional use has not ex pired. Applications for the development of property within an approved Developm ent of Regional Impact, and which are consistent with the approved DR I. Applications for approval of final plats, if the preli minary 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 emption rules are tentative and will be subject to final approval by the City Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management Ordinance, please contact the Boynton Beach Planning &Zoning Division at (561) 742-6260, CHAPTER 4 SITE PLAN REVIEW Section 7. Submission Req uirements. Each applicant shall submit to the Planning and Zoning Di vision the following plans and exhibits in the number of copies specified by the Planning and Zoning Div ision, together with a Site Plan Review application and a fee adopted by resolution by the City Commission. 12 ASSEMBLED COPIES REQUIRED A. Existina 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 Ii mited to lakes, trees and other vegetation and soils and topography. 2. Existing buildings, building elevations, other structures, includi ng 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 buildi ngs and other structures, and any existing buildings and structures, which are to be retained, inc luding 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 dum pster 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 berm s, watercourses and other topogr aphic features. 3. A notation on method of irrigation. Architectural plan: 1. A scaled drawing clearly illustrating proposed building floor plan and el evations, including height, exterior dim ensions, exterior color and materials. 2. A colored elevation draw ing (not mounted) showing all elevations of the building. (T his submittal can be waived by the Planning and Zoning Director w hen not applicable.) E. Tabular Summary ContaininCl: 1. Total gross project area by acreage and square footage and net bui Idable 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 nonresi dential floor type of use and total gross square footage. 4. Square footage and percentage di stribution of the total project site, including areas proposed for landscaped open spac e, vehicular use areas, ot her 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. A separate scaled drawing (at the same scale as the site development plan) showing elevations, flow arrows, proposed drainage structures, proposed treatm ent facilities, etc. 2. An engineer's certification in writing that drainage will conform with all rules, regulations, codes, etc. including, but not I imited to, Chapter 6, Article IV, Section 5 of these Land Development Regulations, Revised 10/26/01 ~=~ Kimley-Horn and Associates, Inc, , 'v , 8 , May 12, 2005 047502001 Mr. Ed Breese City of Boynton Beach Development Department Planning and Zoning Division 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Gulfstream Lumber Dear Mr. Breese: Please accept this letter as certification that the proposed conceptual stormwater management plan will conform to all rules, regulations, codes, etc. including, but not limited to, Chapter 6, Article N, Section 5 of the Land Development Regulations. Sincerely, KWL::~~TEs,rnc ~s G. Vitter, IT (;!ttNO: 59536 . TEL 772 562 7981 FAX 772 562 9689 G:\4 7 50200 1 \ WP\CO RRES\ConceptualDrainageCert ,doc . Suite 300 601 21 sl Street Vero Beach, Florida 32960 . ~=n Kimley-Horn and Associates, Inc, May 18, 2005 Mr. Ed Breese City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: Gulf Stream Lumber Site Boynton Beach, Florida 047502001 Dear Mr. Breese: Kimley-Horn and Associates, Inc, has completed a site specific traffic evaluation of the proposed redevelopment of the Gulf Stream Lumber site. This site is located in the northwest quadrant of Woolbright Road and Federal Highway/US 1 in Boynton Beach, Florida, as shown in Figure 1, Currently, the site serves as a lumber yard and it is proposed to be redeveloped to contain a mix of residential, retail, and restaurant land uses. The property is located within the City of Boynton Beach Transportation Concurrency Exemption Area (TCEA); therefore, the entire site, including the non- residential component, is exempt from the standard transportation concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance (TPSO), Based upon requirements for development within a TCEA set forth in Chapter L, Section 5 of the TPSO, the following traffic evaluation quantifies the trip generation, traffic assignment and traffic volumes on the site access driveways, Trip Generation The daily and peak hour traffic generation for the development was based upon trip generation rates published in the Institute of Transportation Engineers' Trip Generation (ih Edition), The proposed development pIan consists of the following mix ofland uses: . General Commercial Retail..............,................,.....................47,084 Square Feet High Turnover Sit-Down Restaurant ........,..,...,..........,.............. 2,252 Square Feet Townhouse/Condominium",..".".,...,.......""",......",.....,.......... 516 Dwelling Units Apartment "".."",.......,........,........,..........."",.........,......"......"'" 70 Dwelling Units . . . The internal capture calculations were based upon rates from the ITE Trip Generation Handbook, Pass-by rates published by Palm Beach County were used to account for traffic already on the roadway network. The proposed development is expected to generate 5,979 new external daily trips, 272 net AM peak hour trips and 444 net PM peak hour trips. Table 1 summarizes the daily and peak hour trips associated with the proposed project. . TEL 561 845 0665 FAX 561 863 8175 /Ii;'\Y I 8 2005 . 4431 Embarcadero Drive West Palm Beach, Florida 33407 ~=r~ Kimley-Horn and Associates, Inc, Mr. Ed Breese, May 18, 2005, Page 2 Project Traffic Assignment Based upon the net traffic generation potential, it was determined that the maximum radius of development influence for Test 1 of Palm Beach County's Traffic Performance Standards is two miles, The a,rn. and p.rn. peak hour project trips were assigned to the surrounding roadway network in terms of a.m, and p,m, peak hour external trips. Project assignment was based on the characteristics of the surrounding land uses and roadway network. Project traffic assignment and the percent impact of the project traffic impact on each roadway link are reported in Table 2. Driveway Evaluation Project traffic was assigned to the driveways serving the site, The proposed driveway volumes are depicted in Figure 2. Following is a summary of each of the site driveways. . Western driveway on W oolbright Road - This driyeway aligns with the existing signal on Woolbright Road. It is proposed to shift the signal further east to align with the eastern site driveway and an existing driveway of the shopping center on the south side of Woolbright Road, This driveway would only provide service access to the south residential tower and garage. This driveway is proposed to be right-in/right-out only and is expected to carry only minimal traffic volumes. Based upon standards contained in the Palm Beach County "Guide to Parking lot and Street Access Design Criteria and Standards", this driveway would be classified as a minor driveway, . Eastern driveway on Woolbright Road - This driveway is proposed to align with an existing driveway to the shopping center on the south side of Woolbright Road. Full access would be provided at this driveway and it is proposed to relocate the existing signal to this driveway. Based upon the expected volume of traffic, this would be classified as a major driveway according to Palm Beach County standards. According to these standards, dual egress lanes should be provided and the driveway threat should be a minimum of 100 feet in length, Based upon the expected volume of traffic, an exclusive eastbound left turn lane should be provided on W oolbright Road at this signalized driveway entrance. . Driveway on U.S. 1 - This driveway is proposed to align with the existing directional median opening on V.S, 1. It is proposed to function as a right-in, left-in, right-out driveway. Based upon the expected traffic volumes, it will be classified as a major driveway, The traffic volumes warrant an exclusive left turn lane on U.S. 1, which is already provided at the proposed project entrance. . Western driveway on SE 12th Avenue- This driveway is proposed to provide service access to the north residential tower and garage, Full vehicular access is proposed to be provided, Because ~=r~ Kimley-Horn and Associates, Inc, Mr. Ed Breese, May 18, 2005, Page 3 this driveway will only provide service access, the traffic volumes are expected to be minimal and this is expected to function as a minor driveway, . Eastern driveway on SE 12th Avenue- This driveway is proposed to provide full access for site traffic on SE 12th Avenue. Based upon the volume of traffic that is expected to utilize this driveway, it is expected to be classified as a minor driveway. No additional turn lanes are expected to be necessary based upon the site traffic, Conclusion The Gulf Stream Lumber site that is proposed to be redeveloped is 10cated within the Boynton Beach Transportation Concurrency Exception Area. Although the site is exempt from standard concurrency requirements, this traffic evaluation has been prepared to evaluate the overall trip generation assignment of traffic on surrounding roadways and the volume of traffic at the site access points, As documented in this letter, it is proposed to relocate the signal on W oolbright Road to the east concurrent with development on this site, Based upon expected site volumes, exclusive left turn lanes to serve the site driveways are warranted at the eastern site driveway on Woolbright Road in conjunction with the relocated signal and at the directional median opening on U.S. 1. No other turn lanes are expected to be required based upon County criteria. If there are any questions regarding this analysis, please do not hesitate to call, Sincerely, KlMLEY-HORN AND ASSOCIATES, INe. Ct-~ w J:hr Chrisi"opher W. Heggen, P,E, Transportation Engineer '5'/'8IOS- Florida ~egistration Number 58636 Engineering Business Number 696 CWHllm Attaclnnents P:\0475\02001 \05 1 805,doc .i!' W<( 1-0 Ci5a:: O::Oz w...JO OOLL._ .....::2:I~ W:::::>UO Q:...J<( :::)::2:wO o<(oo..J u:wzw O::Ot:: 1-1-0 c/)z LL.>- ...JO ~OO c.:i ..5 ~ cca ~.~ ~~ E-g 2m ..... o o N ~ ~~ II ~ TABLE 1 GULF STREAM LUMBER SITE TRIP GENERATION Land Use Intensity Daily AM Peak Hour PM Peak Hour Trips Total In Out Total In Out Proposed Site Traffic Commercial Retail 47,084 s,f, 4,168 48 29 19 381 183 198 High Turnover Sit-Down Restaurant 2,252 s.f, 294 26 14 12 25 15 10 Townhouse/Condominium 516 d,u. 3,612 192 33 159 231 155 76 Apartment 70 d,u, 490 38 8 30 43 28 15 Subtotal 8,564 304 84 220 680 381 299 Internal Capture Dailv AM PM Commercial Retail 10% 5% 10% 417 3 2 1 38 18 20 High Turnover Sit-Down Restaurant 10% 5% 10% 29 I 1 0 3 2 I Townhouse/Condominium 11% 2% 15% 394 3 1 2 35 23 12 Apartment 11% 2% 15% 53 1 0 1 6 4 2 Subtotal 893 8 4 4 82 47 35 Pass-Bv Traffic Commercial Retail 44.0% 1,652 20 12 8 151 73 78 High Turnover Sit-Down Restaurant 15,0% 40 4 2 2 3 2 1 Subtotal 1,692 24 14 10 154 75 79 Driveway Volume 7,671 296 80 216 598 334 264 Total Proposed Trips 5,979 272 66 206 444 259 185 Note: Trip generation was calculated using the following data: Daily Traffic Generation Commercial Retail [P,B,e.] = Ln(T) = 0.64 Ln(X) + 5,87 High Turnover Sit-Down Restaurant [PRe.] = T = 130.34 trips per 1,000 s,f, Townhouse/Condominium [P,B,e.] = T = 7 trips per dwelling unit Apartment [P,B,C,] = T = 7 trips per dwelling unit AM Peak Hour Traffic Generation Commercial Retail [P,B.C,] = T = 1.03 trips per 1,000 s,f,; (61 % in, 39% out) High Turnover Sit-Down Restaurant [P,B,C,] = T = 11.52 trips per 1,000 s,f,; (52% in, 48% out) Townhouse/Condominium [P,B,C,] = Ln(T) = 0,80 Ln(X) + 0,26; (17% in, 83% out) Apartment [P,B,C,] = T = 0.49(X) + 3.73; (20% in, 80% out) PM Peak Hour Traffic Generation Commercial Retail [P,B,C,] = Ln(T) = 0.66 Ln(X) + 3.40; (48% in, 52% out) High Turnover Sit-Down Restaurant [P,B,C.] = T = 10.92 trips per 1,000 s,f,; (61 % in, 39% out) Townhouse/Condominium [P.B.C.] = Ln(T) = 0,82 Ln(X) + 0,32; (67% in, 33% out) Apartment [P.B,e.] = T = 0.62 trips per d,u.; (65% in, 35% out) Retail Pass-By [P,B,e.] = % = 45,1 - O,0225(X) ~iii~ Ifjmley.Hom p: \0475\02001 \[050905,xls Jtrip ...zen 5//7/200515:00 _ and Associates, Inc, Copyright @2005 .. .. 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"f~;;;~ ......Q..o(") II II II II ,~n ~ I!! co 0 i= ~~~1: a:a..~ TABLE 2 GULF STREAM LUMBER SITE PEAK HOUR TRAFFIC LINK ANALYSIS Roadway Exlsting Project Traffic Percent From To Number LOS'D' Percent Peak Hour of Of Lanes Canacitv Assienment A.M. P.M Canacitv Boynton Beach Boulevard West ofI-95 6W 4,680 5% 14 22 0,47% 1.95 Seacrest Blvd 4LD 3,110 4% 11 18 0,58% Seacrest Blvd FederalHwy/US I 4LD 3,110 6% 16 27 0,87% Ocean Avenue FederalHwylUS 1 Ocean Blvd / SR AlA 4LD 3,110 2% 5 9 0,29% Woolbright Road West of Congress Avenue 4LD 3,110 5% 14 22 0,71% Congress Avenue 1-95 6LD 4,680 11% 30 49 1.05% 1-95 Seacrest Blvd 4LD 3,110 30% 82 133 4,28% Seacrest Blvd Site Access 4LD 3,110 50% 136 222 7,14% Site Access FederalHwy/US 1 4LD 3,110 6% 16 27 0,87% FederalHwy/US 1 SR AlA 4LD 3,110 4% 11 18 0,58% 23rd Avenue/GoHRoad Congress Avenue Seacrest Blvd 2L 1,110 4% 11 18 1.54% Seacrest Blvd FederalHwy/US I 2L 1,110 5% 14 22 1.88% Congress Avenue North of Woolbright Rd 6LD 4,680 2% 5 9 0,19% Woolbright Road 23rdAve 6LD 4,680 3% 8 13 0,28% Interstate 95 North of Boynton Beach Blvd lOLX 16,980 4% 11 18 0,11% Boynton Beach Blvd Woolbright Road 10LX 16,980 7% 19 31 0.18% South ofW oolbright Road 10LX 16,980 10% 27 44 0,26% Sucrest Boulevard North of Boynton Beach Blvd 4LD 3,110 7% 19 31 1.00% Boynton Beach Blvd Woolbright Road 4LD 3,110 10% 27 44 1.41% Woolbright Road 23rdAve 4LD 3,110 8% 22 36 1.16% South of 23rd Ave 4LD 3,110 7% 19 31 1.00% Federa1 Highway / US 1 North of Boynton Beach Blvd 4LD 3,110 10% 27 44 1.41% Boynton Beach Blvd Ocean Ave 4LD 3,110 16% 44 71 2,28% Ocean Ave Site Access 4LD 3,110 23% 63 102 3,28% Site Access Woolbright Road 4LD 3,110 19% 52 84 2,70% Woo1bright Road 23rd Ave 4LD 3,110 17% 46 75 2,41% South of23rd Ave 4LD 3,110 10% 27 44 1.41% State Road AlA North of Ocean Ave 2L 1,110 1% 3 4 0.34% Ocean Ave Woolbright Road 2L 1,110 1% 3 4 0.34% South ofW oolbright Road 2L 1,110 3% 8 13 1.11% p: \0475102001 V050905.xl']pkhr 5/171200515:00 ~.n ~rnIey-Horn 1ItaJ. U and Msociales, Inc. W ...J c( () en Z .. ~ I- W 0 I- Z Ci5 en a: w w ::2: co ::> N ::2: ...J 0 W ::> 0 0 a: ...J > C\l ::> ::2: >- 0 10 Cl c( c( ~ u: w ::: '<I' a: W 0 t;; > a: u. Cl ...J ::> C:l w en ~ (5 o ::: 'P^IS jsaJ:reas c.5 .5 u) Q) E12 og ::.;:~ iri'cc E'O S251 ~ II ~ '." "" LEGAL DESCRIPTION BY SURVEYOR '.' ,~y , 8 ' ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING IN SECTION 28, TOWNSHIP 45 SOUTH, RANGE 43 EAST OF THE TALLAHASSEE BASE MERIDIAN, PALM BEACH COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; COMMENCING FOR REFERENCE AT THE SOUTHEAST CORNER OF SAID SECTION 28; THENCE, BEARING SOUTH 89020'02" WEST, ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 441,90 FEET TO A POINT; THENCE, LEAVING SAID SOUTH LINE, BEARING NORTH 00039'58" WEST, A DISTANCE OF 40.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF WOOLBRIGHT ROAD (SE. 15th AVENUE), SAID POINT ALSO BEING THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, BEARING SOUTH 89020'02" WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 825,78 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE, LEAVING SAID NORTHERLY RIGHT OF WAY LINE, BEARING NORTH Or45'44" EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 620.30 FEET TO A POINT; THENCE, BEARING NORTH 89036'09" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 25046 FEET TO A POINT; THENCE, BEARING NORTH 07045'44" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 302,78 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SE. 12th AVENUE; THENCE, LEAVING SAID EASTERLY RIGHT OF WAY LINE, BEARING NORTH 89031'52" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 366.78 FEET TO A POINT; THENCE, LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, BEARING SOUTH 00049'05" EAST, A DISTANCE OF 135.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ALDEN STREET; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 281.18 FEET, A CENTRAL ANGLE OF 18055'05", A CHORD LENGTH OF 92042 FEET BEARING SOUTH 11039'23" EAST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 92.84 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 231.18 FEET, A CENTRAL ANGLE OF 18052'10", A CHORD LENGTH OF 75,79 FEET BEARING SOUTH 11040'52" EAST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 76.14 FEET TO A POINT; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY LINE, BEARING NORTH 89036'09" EAST, A DISTANCE OF 50.02 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID ALDEN STREET; SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 281.18 FEET, A CENTRAL ANGLE OF 19011'54", A CHORD LENGTH OF 93,78 FEET BEARING NORTH 11031'00" WEST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 94,22 FEET TO A POINT; SAID POINT BEING THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 231.18 FEET, A CENTRAL ANGLE OF 03030'10", A CHORD LENGTH OF 14,13 FEET BEARING NORTH 19021'51" WEST; THENCE, NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 14,13 FEET TO A POINT; THENCE, LEAVING SAID EASTERLY RIGHT OF WAY LINE, BEARING NORTH 89033'00" EAST, A DISTANCE OF 104.11 FEET TO A POINT; THENCE, BEARING NORTH 00049'31" WEST, A DISTANCE OF 5,12 FEET TO A POINT; THENCE, BEARING NORTH 89036'09" EAST, A DISTANCE OF 37,89 FEET TO A POINT; THENCE, BEARING SOUTH 01034'49" EAST, A DISTANCE OF 55.02 FEET TO A POINT; THENCE, BEARING NORTH 89036'09" EAST, A DISTANCE OF 49.96 FEET TO A POINT; THENCE, BEARING SOUTH 00049'05" EAST, A DISTANCE OF 5.19 FEET TO A POINT; THENCE, BEARING NORTH 89016'34" EAST, A DISTANCE OF 96.03 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF U,S. HIGHWAY NO.1 (FEDERAL HIGHWAY STATE ROAD NO.5); SAID POINT BEING THE BEGINNING OF A NON TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 3,819.83 FEET, A CENTRAL ANGLE OF 04015'44", A CHORD LENGTH OF 284,08 FEET BEARING SOUTH 02053'22" WEST; THENCE, SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 284,15 FEET TO A POINT; THENCE, BEARING SOUTH 00045'30" WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 352,96 FEET TO A POINT; THENCE, BEARING SOUTH 44022'15" WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 34,65 FEET TO THE POINT OF BEGINNING, THE ABOVE DESCRIBED PREMISE CONTAIN AN AREA OF 637,584 SQUARE FEET OR 14.637 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE. 1 ~ ", ... AGREEMENT TO SELL CONTRACT MAY I 8 LUOS tn . . .. ' ,. This Agreement (the "Agreement") is made as of th..;%3 day of ~ jI ,2003, by and between GOCO, INC., a Florida corporation (the "Assignor") and EPOCH PROPERTIES, INC., a Florida corporation (the "Assignee"). R E C I TAL S: I. Assignor has entered into a Contract for Sale and Purchase dated May 31, 2002, between Gulf Stream Lumber Company, as Seller, and Assignor, as Buyer, which was amended by those letter agreements dated August 30, 2002, September 9, 2002, September 25, 2002, October 10,2002, and November 18,2002, First Amendment to Contract for Sale and Purchase dated November 22, 2002 (the "First Amendment"), Assignment Acceptance and Notice Relinquished Property Contract, dated February 6, 2003, and letter agreement dated February 19, 2003, copies of the Contract for Sale and Purchase, the letter agreements, the First Amendment, and the Assignment Acceptance and Notice Relinquished Property Contract are attached to this Agreement as EXHIBIT "A" (the "Contract") relating to property located at 1415 South Federal Highway, Boynton Beach, Florida (the "Property"). II. Assignor is desirous of assigning the Contract to Assignee and Assignee is desirous of taking the Contract and assuming all the rights and obligations of Assignor as Buyer under the Contract to the extent provided in this Agreement and subject to the provisions of this Agreement. NOW, THEREFORE, in consideration of the Recitals, the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt '. .. and sufficiency of which are acknowledged, the parties to this Agreement, intending to be legally bound, agree as follows: 1. Incorporation of Recitals. The parties represent and warrant that the Recitals to this Agreement are accurate and correct and incorporate them in this Agreement. Capitalized terms used but not defined in this Agreement shall have the same definitions given to them in the Contract, unless the context clearly indicates a contrary intent. 2. Deposit. Simultaneously with the execution of this Agreement, Assignee shall deliver to Shutts & Bowen LLP, as escrow agent (the "Escrow Agent"), the sum of One Hundred Thousand and 001100 Dollars ($100,000.00) (the "Initial Deposit") (The Initial Deposit, the Second Deposit, and the Third Deposit as hereinafter defined, are sometimes collectively referred to as the "Deposit"). Upon receipt of an executed IRS Form W-9 from Assignee, Escrow Agent shall invest the Deposit in an interest-bearing account maintained with or issued by a commercial bank: or savings and loan association doing business in Palm Beach or Miami-Dade County, Florida. Except as otherwise provided in this Agreement, all interest accrued or earned thereon shall be paid or credited to Assignee except in the event of default of Assignee, in which event the interest shall be disbursed to Assignor. 3. Representations of Assignor. Assignor represents and warrants the following to Assignee: (a) the copy of the Contract attached as EXHIBIT "A" to this Agreement constitutes a full and complete copy of the actual executed original Contract; (b) the Contract is in full force and effect and has not been further modified, amended, or rescinded; (c) except under this Agreement, the Assignor has not transferred, assigned, pledged, or hypothecated any of its right, title, and interest in the Contract, and Assignor has not transferred any of its rights or interests under the Contract; (d) Assignor is presently the owner or holder of all the rights and interests of 7126851-1 2 , the Buyer under the Contract, free and clear of any and all liens and encumbrances or charges of any kind whatsoever; (e) to the best knowledge of Assignor, there are no defaults under the Contract on the part of either the Seller or the Buyer, and all payments of monies required to be made under the Contract have been made; (f) no consent of Seller is required for the Assignment, as hereinafter defined; (g) Assignor is a corporation duly organized and in good standing under the laws of the State of Florida; (h) Assignor has full power and authority to enter into this Agreement, and to otherwise perform all obligations of Assignor under this Agreement in accordance with its terms, and all corporate action necessary to authorize the execution and fulfillment of this Agreement by Assignor has been taken; and (i) this Agreement and the Assignment, when executed and delivered, will be the valid and binding obligations of Assignor, enforceable in accordance with their terms. These representations and warranties shall survive the Assignment Closing for a period of one year. In order for Assignee to have a claim against Assignor as to an alleged breach of any of the representations and warranties, notice of the claim of a breach must be given to Assignor within one year after the Assignment Closing Date. 4. A-I Lease. Assignee acknowledges that Assignee has received a copy of that certain Lease Agreement by and between Gulf Stream Lumber Company, as lessor, and A-I Truss Company of Ocala, Inc., as lessee, dated as of June 1, 1998, as amended by Lease Agreement Addendum dated October 1,2001 (the "A-I Lease"). The A-I Lease has a term which currently expires on June 30, 2003, with further options on the part of the lessee to extend the term to June 1, 2005. Under the First Amendment, the Seller has an obligation to use reasonable efforts (but is not required to pay any sum to do so) to negotiate a termination of the A-I Lease on or before the Contract Closing Date. If the Seller is unable to negotiate a termination of the A-I Lease 7126851-1 3 prior to the Contract Closing Date, the Seller may extend the Contract Closing Date as more specifically provided in the First Amendment. 5. Conditions Precedent. 5.1. Unless waived by Assignee, the obligation of Assignee to close is conditional upon satisfaction of the following conditions (the "Conditions Precedent") by the Contract Closing Date: 5.1.1 All representations and warranties of Assignor shall remain true and correct in all material respects as of the Assignment Closing Date. 5.1.2 Final Approval shall have been issued by the Florida Department of Community Affairs for the amendment to the City of Boynton Beach comprehensive land use plan for the Property permitting its use as a mixed use project consisting of a minimum of 586 apartment units, 60,000 square feet of office space and 60,000 square feet of retail space (the "Intended Use") and the rezoning ofthe Property to permit the Intended Use. 5.1.3 The Lease Agreement between Contract Seller and A-I Trust Company of Ocala, Inc. has been terminated and the tenant has vacated the Premises. Assignor shall use it's best efforts to terminate the A-I Lease Agreement by June 30, 2004. "Best Efforts" shall mean that Assignor shall pay a termination fee not to exceed $200,000.00. One half of such termination fee shall be paid by the Assignee at the time of payment to the Tenant, which shall be a credit against the Consideration at Contract Closing. "Best Efforts" shall not be construed to require Assignor to pay any other sums or file any litigation. 5.1.4 Upon completion of the Remedial Measures (as defined in the First Amendment), Assignor shall provide, or cause Seller to provide to Assignor a certification from the Consultant, as defined in the First Amendment, certifying that the Remedial Measures have 7126851-1 4 , . . been completed in accordance with the requirements of the Florida Department of Environmental Protection and that there is no known remaining environmental contamination on the Property. 5.2 In the event any of the Conditions Precedent are not satisfied by the Contract Closing Date, then in such event, Assignee shall have the option of (i) waiving the condition and closing in accordance with the other terms and provisions of this Agreement, or (ii) canceling this Agreement in which event the Escrow Agent shall return the Deposit, together with interest accrued thereon, to Assignee, Assignor shall return to Assignee all Deposits it has received and the parties shall be released from any further obligations under this Agreement. 5.3 Upon the satisfactory completion of the Amendment to the Comprehensive Land Use Plan and the rezoning for the Intended Use and the confirmation of an agreement with Tenant wherein Tenant agrees to vacate by July I, 2004, Assignee shall pay directly to Assignor an additional deposit (the "Third Deposit") of One Hundred Fifty Thousand and No/lOO Dollars ($150,000.00) within five (5) business days from date of notification by Assignor to Assignee that the aforesaid two conditions have been met. Such Deposit shall be credited against the Consideration and paid directly to Assignor. 6. Assignment Closing Date. 6.1 The assignment closing (the "Assignment Closing") shall occur simultaneously with the Contract Closing Date (the "Assignment Closing Date"), time being of the essence, at the offices of Shutts & Bowen LLP, One Clearlake Centre, Suite 500, 250 Australian Avenue South, West Palm Beach, Florida 33401. On the Assignment Closing Date, Assignor shall set over, transfer, and assign the Contract to Assignee, together with the deposits made under the Contract. Also on the Assignment Closing Date, Assignee shall take over and 7126851-1 5 assume the Contract and agree to perform all the terms, covenants, and obligations on the part of the Buyer contained in the Contract. In implementation of this Agreement, on the Assignment Closing Date, Assignor and Assignee shall execute and deliver to each other original counterparts of the Assignment of Contract in the form attached to this Agreement as EXHIBIT "B" (the "Assignment"). Assignor shall be responsible for the payment to Contract Seller of the four $50,000.00 monthly payments necessary to extend the Contract Closing Date until April 30, 2004, and to secure the obligation of Assignor herein, Assignor shall leave in escrow the Initial Deposit and $100,000.00 of the Second Deposit to be utilized for this purpose and Escrow Agent is authorized, and shall automatically, without notice or any requirement of consent by Assignee, disburse such sums for such extension payments. If Assignee desires to extend the Contract Closing Date beyond April 30, 2004, to May 31, 2004, or June 30, 2004, Assignee shall make all additional payments as necessary, to the Contract Seller. Any payments made by Assignee for contract extension to June 30, 2004, shall be a credit against the Consideration at the Contract Closing Date. 7. Consideration. 7.1 The consideration to be paid by Assignee to Assignor for the transfer and assignment of the Contract shall be Six Million One Hundred Fifty Thousand and 00/100 Dollars ($6,150,000.00), less any deposits made hereunder and less any amount due to the Contract Seller in excess of $8,500,000.00 (the "Consideration"), which shall be paid by Assignee to Assignor by Federal Reserve wire transfer simultaneously with the closing pursuant to the Contract (the "Contract Closing"), as same may be extended under the terms of the Contract (the "Contract Closing Date"). 7126851-1 6 7.2 Notwithstanding the foregoing, the Consideration shall be due and payable to Assignor on the Contract Closing Date if the Conditions Precedent to Closing are satisfied by the Contract Closing Date, and the Contract Seller conveys title to the Property to Assignee in accordance with the terms of the Contract. 7.3 On the Contract Closing Date, Assignor shall pay any documentary stamp taxes which may be payable on account of the Assignment. 8. Property Information; Inspection Period; "As-Is" Transaction. 8.1 Within three days after the Effective Date, Assignor will provide or made available to Assignee at Assignor's offices in Delray Beach, Florida, for Assignee's examination and copying, Assignor's files containing documents, instruments, reports, surveys, appraisals, and other information relating to the Property, including without limitation, all information relating to the Property which was delivered to Assignor by the Seller under the Contract, all other surveys, title examinations and commitments, studies, tests, and other reports relating to the Property which Assignor has obtained and copies of any correspondence, notices, or other communications between Assignor and Seller (all of which items are referred to as the "Property Information"). All Property Information shall continue to be the property of Assignor until Closing and Assignee shall return all Property Information to Assignor if Closing does not occur. All Property Information is confidential and shall not be disclosed to any other person except as required by law or to those persons assisting Assignee with the transaction or to Assignee's lender, if any, and then only upon Assignee making such persons aware of this confidentiality restriction and procuring such person's agreement to be bound by it. Assignee shall not use or allow to be used any such information for any purpose other than to determine whether to proceed with the contemplated purchase. Further, Assignor shall direct all of its 7126851-1 7 consultants to disclose fully any and all information that they have relative to the Property to Assignee and its consultants upon Assignee's request. On or prior to the Assignment Closing Date, Assignor shall provide to Assignee a reliance letter from Assignor's environmental consultant authorizing Assignee to rely upon the information contained in the environmental reports prepared by such consultant. 8.2 Subject to and in accordance with the terms of the Contract, Assignee shall have the right to enter onto the Property to inspect, examine, and survey and perform environmental examinations and other tests and inspections of the Property as Assignee deems necessary (collectively, the "Inspections"), provided, however, no grading shall be done and no trees or bushes shall be cut. Assignee agrees that the Inspections will be performed in compliance with and subject to all laws and the provisions of the Contract at Assignee's sole cost and expense. Assignee agrees to indemnify, defend, and hold Assignor harmless from and against any and all liens, liabilities, claims, losses, damages, costs, or expenses (including reasonable attorneys' fees and disbursements) arising out of Assignee's exercise of its right of Inspections or arising out of a breach of the foregoing agreements of Assignee as to the Inspections and shall otherwise assume as to Assignor all of the liabilities of Assignor to Seller under the Contract relating to any Inspections which may be made by Assignee. Assignee agrees to enter into similar indemnification agreements with the Seller under the Contract, if required by the Seller. All inspections shall be coordinated through Mr. Leigh E. Gove at Assignor's office. Assignee shall notify Assignor prior to performing any Inspections and Assignor shall have the right to have one of its representatives accompany Assignee and its consultants during any inspections. Assignee shall, promptly upon receipt thereof, furnish Assignor with copies of any and all written inspections, examinations, evaluations, studies, tests, surveys, reports, or 7126851-1 8 other written matters obtained by Assignee in connection with its Inspections. In addition, if Assignee terminates this Agreement as permitted in the next section, Assignee shall promptly deliver to Assignor all documents and other materials concerning the Property obtained from Assignor or its consultants or other representatives, including the Property Information. 8.3 Assignee shall have until 5:00 p.m. on the 30th day after the Effective Date (the "Inspection Period"), to satisfy itself that the Property is acceptable to Assignee, in Assignee's sole and absolute discretion. If the Property is not acceptable to Assignee for any reason, then Assignee may terminate this Agreement by giving written notice of termination to Assignor on or before 5 :00 p.m. on the last day of the Inspection Period, in which event Escrow Agent shall return the Initial Deposit and all accrued interest thereon to Assignee and the termination provisions of Section 10.3 shall apply. 8.4 Assignor shall obtain and maintain in full force and effect, and shall require all of its contractors who enter upon the Property to obtain and maintain in full force and effect, insurance against loss or liability in connection with bodily injury, death, or property damage or destruction, occurring on or about the Property for the period after the Effective Date under one or more policies of commercial general liability insurance. Each policy shall be written on an occurrence basis, shall contain coverage at least as broad as that provided under the then most current Insurance Services Office (ISO) commercial general liability insurance form which provides the broadest coverage, and shall contain a broad form contractual liability endorsement. The insurance coverage shall be in the amounts of not less than $3 million per occurrence limit, $3 million general aggregate limit, $3 million personal and advertising limit, and $3 million products/completed operations limit, which coverage limits may be effected with umbrella coverage. The insurance policies shall name Assignee and Assignee's directors, 7126851-1 9 officers, partners, agents, employees, and managing agents as additional insureds and shall provide that they may not be terminated or modified in any way that would materially decrease the protection afforded Assignee under this Agreement without 30 days' advance notice to Assignee. Prior to entry on the Property, Assignor shall deliver to Assignee certificates of insurance evidencing the coverages required by this section. 8.5 Any and all zoning or other land use approvals obtained by Assignee as to the Property or "vested rights" accrued in connection with Assignee's activities relating to zoning and land use approvals for the Property shall accrue for the benefit of and belong solely to Assignee in the event of a termination of this Agreement. If Assignee does not close this transaction for any reason whatsoever, Assignee assigns, transfers, and conveys to Assignor all such approvals and "vested rights." This assignment shall be self-operative based solely on this Agreement and shall not require any other action by Assignee in order to effectuate it. However, Assignee shall execute any instrument in confirmation of this Assignment as Assignor may reasonably request. 8.6 Assignee shall promptly refill and regrade any excavations and repair any damages resulting from or caused by its Inspections or by the acts or omissions of Assignee or any of its agents, employees, or contractors, and shall otherwise return the Property to the condition it was in immediately prior to Assignee's inspections. 8.7 If Assignee does not elect to terminate this Agreement, Assignee shall deliver to Escrow Agent, on or before the end of the Inspection Period, an additional deposit in the amount of One Hundred Fifty Thousand and No/lOO Dollars ($150,000.00) (the "Second Deposit"). The failure of Assignee to deliver the Second Deposit to Escrow Agent on or before the end of the Inspection Period shall be deemed the election of Assignee to terminate this 7126851-1 10 Agreement, in which event Escrow Agent shall return the Initial Deposit and all accrued interest thereon to Assignee and the termination provisions of Section 10.3 shall apply. 8.8 In the event Assignee does not elect to terminate this Agreement on or before the end of the Inspection Period and upon the receipt by Escrow Agent of the Second Deposit, Escrow Agent shall automatically, without notice or any requirement of consent by Assignee to such disbursement, disburse the sum of $50,000.00 directly to the Assignor, and such Deposits shall become nonrefundable, except for the default of Assignor, or the failure to meet the Conditions Precedent but shall be credited against the Consideration on the Contract Closing Date. 8.9 Except as set forth in this Agreement, Assignor makes no representations or warranties regarding the Property, including the physical condition, title, zoning, concurrency status, usability, value, or size of the Property or the compliance of the Property with environmental on other applicable laws or availability of utilities. Assignor acknowledges that the Property Information was obtained from a variety of sources and Assignor has not made any independent investigation or verification of such information and Assignor makes no representations or warranties whatsoever of any kind, express or implied or created by law, as to the accuracy or completeness, methodology or preparation or otherwise concerning the contents of the Property Information. Assignee has made or will make and rely solely upon its own investigation of the Property and matters relating to the Property and Assignee acknowledges that it is accepting the Assignment of the Contract without any warranties or representations by Assignor as to the Property. 9. Broker: The sole real estate broker in this transaction is Dockerty Romer & Company (the "Broker"). All compensation owed to that broker arising out of this transaction 7126851-1 11 in the amount of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) shall be paid by Assignor at the Contract Closing. Each party shall indemnify, defend, and hold the other party harmless from and against any and all costs, losses, or damages, including attorneys' fees, in connection with any claims of any other brokers or finders for a brokerage or other commission in connection with this transaction, arising out of their respective acts. This provision shall survive the Assignment Closing or termination of this Agreement. 10. Default. 10.1 If Assignor fails to perform this Agreement within the time specified, Assignee's only remedies shall be either to: (a) terminate this Agreement by notice to Assignor in which event, Escrow Agent shall return the Deposit, together with all interest accrued thereon to Assignee and Assignor shall return to Assignee all portions of the Deposit which may have been delivered to Assignor; or (b) seek specific performance of this Agreement. In the event specific performance is not available due to the assignment of the Contract by Assignor to a third party, Assignee shall have the right to seek appropriate damages against Assignor. If Assignee, in breach of the provisions of this Agreement, fails to conclude the transaction described herein, or otherwise fails to comply with any of the requirements on the part of the Assignee to be performed hereunder, Assignee may retain the Deposit and recover from Assignee all Deposits which were agreed to be paid by Assignee under this Agreement (together with all accrued interest), as agreed upon and as liquidated damages as the result of such breach by the Assignee, whereupon the parties shall be released and relieved of all other and further obligations or liabilities hereunder. It is agreed by the parties that such amount being paid to Assignor is a fair and reasonable measure of the damages which will be suffered by Assignor in the event of such default, the parties recognizing that Assignor will, in such event, have relinquished potential 7126851-1 12 offers from other parties to purchase the Property, the parties recognizing that such occurrences cannot be subject to the ascertainment of any exact amount of damages. Said liquidated and agreed upon damages are, however, bona fide provisions for such and are not a penalty. 10.2 Notwithstanding anything contained in this Agreement to the contrary, the following obligations shall survive the Assignment Closing or a termination of this Agreement (the "Surviving Obligations"): (a) all indemnification obligations of either Assignor or Assignee to the other as provided in this Agreement, (b) Assignor's obligations under the Representations of Assignor article of this Agreement, (c) all obligations under the Assignment, and (d) all provisions of this Agreement which are expressly provided to survive closing or termination of this Agreement. The Surviving Obligations described in Items (b), (c), and (d) shall be referred to as the "Limited Surviving Obligations". Notwithstanding any other provision of this Agreement to the contrary, Assignor shall have no liability or obligation as to any Limited Surviving Obligation if Assignee had actual (as opposed to implied, imputed, or constructive) knowledge of the facts giving rise to the claim as to a Limited Surviving Obligation prior to the Contract Closing Date or the facts giving rise to the claim were contained in any of the Property Information or any other documentation obtained by Assignee prior to the Contract Closing Date, including any reports relating to the due diligence tests, investigations, and inspections of the Property performed by or on behalf of Assignee. In order for Assignee to have any claim against Assignor as to any Limited Surviving Obligation, notice of the claim must be given to Assignor within one year after the Assignment Closing Date. Nothing in this article or elsewhere in this Agreement is intended to limit the remedies available at law or in equity relating to a default as to any of the Surviving Obligations other than the Limited Surviving Obligations, subject only to the conditions and limitations contained in this section. 7126851-1 13 The parties waive all remedies for defaults as to the Surviving Obligations based on loss, of business or profits or other consequential damages or for punitive or special damages of any kind. This section shall survive the Assignment Closing. 10.3 Whenever it is provided in this Agreement that this Agreement shall be terminated, thereafter this Agreement shall be of no further force and effect (except for the Surviving Obligations), and the parties shall have no further liability to one another under this Agreement (except for the Surviving Obligations). 11. No Partnership. This Agreement does not constitute an agreement of partnership or joint venture and does not authorize Assignor to act as agent for Assignee for any purpose, nor authorize Assignee to act as agent for Assignor for any purpose. 12. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to carry out more effectively and completely the intent of this Agreement. Assignor covenants and agrees to cooperate with Assignee and execute any and all assignments required by any and all governmental authorities having jurisdiction over the Property to enable Assignee to pursue any pending permits, approvals, or zoning applications previously filed by Assignor with respect to the Property. 13. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties to this Agreement and their respective heirs, successors, legal representatives, and permitted assigns. 14. Survival. Except as othelWise specifically provided in this Agreement, all warranties and representations made by any party to this Agreement shall terminate and be of no further force or effect upon the Assignment Closing. 7126851-1 14 15. Third Parties. This Agreement is not intended for the benefit of any third party, and no such other party may enforce any rights or obligations arising under this Agreement against any of the parties to this Agreement as a third party beneficiary. 16. Enforcement Costs. In any suit, action, or other proceeding, including arbitration or bankruptcy, arising out of or in any manner relating to this Agreement, including, without limitation, (a) the enforcement or interpretation of any party's rights or obligations under this Agreement (whether in contract or tort, or both), or (b) the declaration of any rights or obligations under this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recover from the losing party reasonable attorneys' fees and costs. All references in this Agreement to attorneys' fees shall be deemed to include all legal assistants', paralegals', and law clerks' fees and shall include all fees incurred through all post-judgment and appellate levels and in connection with collection proceedings. However, the term "attorneys' fees" shall exclude fees for lawyers who are employees of a party. 17. Integration. This Agreement, together with the exhibits of this Agreement, constitutes the entire agreement of the parties concerning the transactions contemplated by his Agreement. All prior understandings and agreements between the parties concerning these matters are merged into this Agreement, which alone fully and completely expresses their understanding. 18. Amendments. This Agreement may not be amended except by a further agreement in writing duly executed by each of the parties to this Agreement. 19. Counterparts. This Agreement may be executed by the parties signing different counterparts of this Agreement, which counterparts together shall constitute the agreement of the parties. 7126851-1 15 20. Assignability. This Agreement is personal to the parties to this Agreement and may not be assigned without the prior written consent of the other party. However, this Agreement may be assigned by Assignee to an entity which is an affiliate of Assignee. 21. Recordation. This Agreement shall not be recorded without the prior written consent of each of the parties to this Agreement. 22. Notices. Any notice, demand, request, election, or other communication (any "Communication") required or permitted to be given or made to or by any party to this Agreement or otherwise under this Agreement shall be in writing. Any Communication so required or permitted and any other Communication shall be deemed to have been delivered and received on the earlier of the day actually received (by whatever means sent) if received on a business day (or, if not received on a business day, on the first business day after the day of receipt) or, regardless of whether or not received after the dates hereinafter specified, (a) on the date of transmittal by telecopier if transmitted by telecopier prior to 5:00 p.m. on a business day; if transmitted by telecopier after 5:00 p.m. or on a day other than a business day, the Communication shall be deemed to have been delivered and received on the next business day, (b) on the date of delivery or refusal of delivery, if by hand delivery, or (c) on the first business day after having been delivered to a nationally recognized overnight air courier service, such as Federal Express, for "next business day" delivery, in each case addressed to the respective party at the several addresses indicated below: 7126851-1 16 If to Assignor: Goco, Inc. 325 N.E. 2nd Street Delray Beach, Florida 33483 Attn: Leigh E. Gove Telephone: 561-266-9117 Telecopier: 561-266-9447 With a Photocopy to: Arthur 1. Menor, Esquire Shutts & Bowen LLP One Clearlake Centre, Suite 500 250 Australian Avenue South West Palm Beach, Florida 33401 Telephone: 561-650-8510 Telecopier: 561-650-8530 If to Assignee: Epoch Properties, Inc. 359 Carolina Avenue Winter Park, Florida 32789 Attn: Kyle D. Riva Telephone: 407-644-9055 Telecopier: 407-644-9845 With a Photocopy to: Gene H. Godbold, Esquire Godbold, Downing, Sheahan & Bill, P.A. 222 West Comstock Avenue, Suite 101 Winter Park, Florida 32789 Telephone: 407-647-4418 Telecopier: 407-647-2089 E-mail Address:ggodbold@gdsblaw.com Notwithstanding the foregoing, any Communication which is in fact received, regardless of whether it is sent in compliance with the requirements of this paragraph, shall be effective as of the time of receipt. The respective attorneys for each party are authorized to give any Communication under this Agreement on behalf of their respective clients. Any Communication so given by an attorney shall be deemed to have been given by that attorney's client. Failure to give a copy of any Communication to the attorney for a party will not affect the 7126851-1 17 validity of the Communication provided that the Communication has been given to the party represented by that attorney. If any Communication is returned to the addressor because it is refused, unclaimed, or the addressee has moved, or is otherwise not delivered or deliverable through no fault of the addressor, an effective Communication shall still be deemed to have been given. For purposes of this Agreement, the term "business day" shall mean any day other than a Saturday, Sunday, or legal holiday. Any party may change its address for notices or other Communications by notice to the other parties. 23. Interpretation. The singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. Whenever the word "including" is used in this Agreement it shall be deemed to mean "including, but not limited to" or "including, without limitation." Each party has reviewed this Agreement and all of its terms with legal counsel, or had an opportunity to review this Agreement with legal counsel, and is not relying on any representations made to him by any other person concerning the effect of this Agreement. This Agreement shall be interpreted without regard to any presumption or rule requiring construction against the party causing this Agreement to be drafted. 24. Escrow Agents' Responsibilities. Escrow Agent undertakes to perform only those duties that are expressly set forth in this Agreement and no implied duties or obligations shall be read into this Agreement against Escrow Agent. Escrow Agent shall deposit the escrowed funds in a trust or escrow account in a federally insured financial institution. Escrow Agent shall have no liability or responsibility for losses resulting from the failure of the institution. Escrow Agent may act in reliance on any writing or instrument or signature that it, in good faith, believes to be genuine, may assume the validity or accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person purporting to give any writing, notice, or 7126851-1 18 instructions concerning the provisions of this Agreement has been duly authorized to do so. The parties, jointly and severally, agree to indemnify Escrow Agent and hold it harmless from and against any and all claims, liabilities, losses, actions, lawsuits, or proceedings, at law or in equity, or any other expenses, fees, or charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Escrow Agent under this Agreement, including reasonable attorneys' fees and costs incurred in connection with any proceeding or the resistance of any claim. If the parties disagree about the rights and obligations of, or the propriety of any action contemplated by, Escrow Agent, Escrow Agent, in its sole discretion, may file an action of interpleader or for a declaratory judgment or such other action as it deems necessary to resolve the disagreement. Escrow Agent shall be indemnified for all costs, including reasonable attorneys', paralegals', legal assistants', and law clerk's fees for any of the above actions, and shall be fully protected in suspending all or a part of its activities under this Agreement until a final judgment in the action is received. In addition, Escrow Agent shall be compensated by the parties, at its regular rates, for any time it spends relative to any of the above actions and is authorized to deduct its fees and disbursements from the escrowed funds. Escrow Agent may act as counsel for Assignor in any litigation between the parties, and Assignee waives any and all rights which it may have to object to such representation. 25. Fax Transmissions. This Agreement may be transmitted between the parties by facsimile machine. The parties intend that faxed signatures constitute original signatures and that a faxed Agreement containing the signatures (original or faxed) of all parties is binding on the parties. 26. Computation of Time. Any reference in this Agreement to time periods of less than six days shall, in the computation thereof, exclude Saturdays, Sundays, and legal holidays. 7126851-1 19 . . I Unless otherwise specified, in computing any period of time described in this Agreement, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is not a business day, in which event the period shall run to and include the next day which is a business day. Time is of the essence ofthis Agreement. 27. Binding on Assignor. Submission of this Agreement by Assignor is not an offer to enter into this Agreement but rather a solicitation for such an offer by Assignee. Assignor shall not be bound by this Agreement until Assignor has executed it and delivered it to Assignee. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date executed by the last of the parties to do so (the "Effective Date"). WITNESSES: L~~~ ASSIGNOR: GOCO, INC., Signature of Witness 1 a Florida corporation Print name of Witness 1 s~(~ GoVl1.t:lI-e.L ////~ ~ Signature of Witness 2 Date executed: '1l~~ )2. 003 M :chCte.../ D. /Z1 f:vl€-I' I Print name of Witness 2 7126851-1 20 . . i ~/ C;;j-?~~oI6fL Print name of Witness 1 Signature of Witness 2 ;V Print name of Witness 2 F:\USERS\1 \Down1oad\ WPBDOCS _7126851_1 CLEAN3. wpd cah/071803 7126851-1 ASSIGNEE: By: Title: U t--~ Date executed: ~ /;r103 , 21 The undersigned as Escrow Agent hereby acknowledges receipt of the Initial Deposit as of this _ day of , 2003, in the amount of $100,000.00 by check and agrees to hold all deposits pursuant to the terms of this Agreement. ESCROW AGENT: SHUTTS & BOWEN, LLP By: Name: Title: F:\USERS\1 \Down1oad\ WPBDOCS _7126851_1 CLEAN4.wpd cah/072203 7126851-1 22 il-18~2004 10:11am From- '- T-T05 p.ooa/005 F-984 NINTH AMENDMENT TO AGREEMENT TO SELL CONTRACT This Ninth Amewlmem to Agreement to Sell Conn-act (the" Amendmel1t") is made by and benveen GoCO, INC.. a Florida corporation (the "SellerD) and EpOCH PROPERTIES, INC., a Florida C{)Iporation (the "Buyer"), who. for good and valuable consideration. the receipt an4 sufficiency of which are acknowledged, agree as follows: 1. Bactground. 1.1 Seller and Buyer entered into that certain Agreement to Sell Contract dated July 23, 2003 (the "Agt'eemenr") concerning the assignment of the contract fOT the purchase of Certain real property with a street address of 1415 South Federal Highway, Boynton Beach, Florida (the .'Property"). 1 ,2 Seller and Buyer entered into that c~aill Amendment to Agreement to Sell Contract dated August 22, 2003, ~xtending the mspection Period until September 12, 2003, 1.3 Seller and Buyer entered. into mat cenain letter agreement dated. September 11, 2003, extending the Inspection Period (as to environmental report only) to September 29. 2003. 1.4 Seller and Buyer entered intO that cenain lener agreement dated September 29, 2003, extending the Inspection Period (as to environmental report only) to October 8, 2003. 1.5 Seller md Buyer entered into that certain letter agreement dat~ October 8. 2003. extending the Inspection Period (~ to environmental report only) to November 7, 2003. 1.6 Seller a:ud Buyer entered into that certain letter agreement dated November 7, 2003, extendmg the Inspection Period (as to environmental report only) to November 25, 2003. 1.7 Seller and Buyer entered into that certain Sixth Amendment to Contract dated November 25.2003. extendmg the Inspection Period (as to environmental report only) to December 12, 2003. 1.8 Seller and Buyer entered into that certain Seventh Amendment to Contract dated February 19, 2004 modifying substantial tenns of the Agreement. 1.9 SelleI' and Buyer ~tercd into that certain Eighth Amendment to COntr4Ct datc:d August 1. 2004. 1.10 Seller and Buyer are desirous of amending the Agreement on the terms and conditions set forth in this Amendment. 11-18~2004 10:11am From- T-T05 P.004/005 F-984 . . 2. Defmition3. CapiUtlize4 tc:rms used but not defined in this Amendment sbaU have the same de.finitions given to them in the Agreement, lIDless the confexT clearly indicates a contrary intent. Whenever the term. "Agreement" is used in this Amenclment it shall be deemed to mean the original Agreement. as previously amended and as mnended by this Amendment. 3. The parti~s acknowledge that the Agreement is in full force and effecT and Buyer is nOT in default under any of the terms and provisions lhereof. 4. The fOllowing sentence is deleted from Section 12 of the Seventh Amendment; "Buyer shall file its application for site plan approval for the Intended Use in a timely fashion consistent with the progress and resolution of the .6nviromnenlallssues, but in no event later than August 1> 2004. H In lieu thereof, there is substituted the fOllowing: "Buyer $ball file its application for site plan approval for the Intended Use and shall process site plan approval as SOOn as practical." 5. The following sentence is added to Section 7 of the Seventh Amendment: "Buyer shall pay for all Testing required prior to submittal of the site assessment repon to fDEP. 6. Except as amended herein. the aforementioned Agreement) with Amendments shall remain in full force and effect. C;\WINDOWS\'11!MP\WP~tm.ooc 2 .11-1~-2004 10:12am From- . J T-705 P.005/005 F-984 IN WITNESS WHEREOF. Seller and Buyer have duly executed this Amendment as of the date on which the last party executes this Amendment, as set fom below their signatur~. WITNESSES: ~ . e of Witness 1 -kft?fj ~ ~~U: Printn~eofVVim~sl M-ffl.","J4E:L ~ No(..2C:(I- Print name of Witness 2 j ture 0 Wlmess 1 ~~ J<. t-kr-r-.~ Print name of Witness 1 ~~ Signature ofW~ 2 ~\ c::..:.. ~'" Print name of ~ess 2 f:\U5ERSI1\.\mcnd\NllICUl ~nduj&:l!~ Qoco Conmu:~v.:(.Z WJl'I C;\wmooWS\~WPM$3691_DOC SELLER: coco, INC.. a Florida corporation By: -~~"..iP _0 Name: \......!:U.~~E Title: Dat~: \ \ J- v-t 104- BUYER: EPOCH PROP1i:RTIES, INC.. a Florida ~. Name: ~., I ~ ~. ~w"A. Title: 'J~~IL l4~tri~ Date: L.4o I, I c~ 3 EIGHTH AMENDMENT TO AGREEMENT TO SELL CONTRACT This Eighth Amendment 10 Agreement to Sell Contract (the <<Amendment') is made by and between GOCO, lNC., a Florida corporation (the "Seller") and EPOCH PROPERTIES, INC., a Florida corporation (the "Buyer"), who, fur good and valuable consideration, the receipt and sufficiency of which are acknowledged, agree as follows: 1. . Background. 1.1 Seller and Buyer entered into that certain Agreement to Sell Contract dated July 23, 2003 (the "Agreement") concerning the assignment of the contract for the purchase of certain real propertywitb. a street address of 1415 South Federal Highway, Boynton Beach, Florida (the "Property"). 1.2 Seller and Buyer entered intp that certain Am.enament to Agreement to Sell Contract dated August 22, 2003, extending the InsPection Period until September 12, 2003. 1.3 Seller and Buyer entered into that certain letter agreement dated September 11, 2003, extending the lpspection period (as to environmental report only) to September 29,2003. 1.4 Seller and Buyer entered, into tbat certain letter agreement dated September 29, 2003,ex.tending the Inspection Period (as to environmental report only) to October 8, 2003. . 1.5 Seller and Buyer entered into that certain letter agreement dated October 8,2003, extending the Inspection Period (as to environmental report only) to November 7,2003. 1.6 Seller and Buyer entered into that certain letter agreement dated November 7, 2003, extending the Inspection Period (as to environmental report only) to November 25, 2003. 1.7 Seller and Buyer entered into that certain Sixth Amendment to Contract dated November 25, 2003, extending the Inspection Period (as to environmental report only) to December 12, 2003. 1.& Se1lerand Buyer entered into that certain Seventh Amendment to Contract dated. February 19,2004 modifying substantial terms of the Agreement 1.9 Seller and Buyer are desirous of amending the Agreement on the terms and conditions set forlh in this Amendment. 2. Definitions. Capitalized terms used but not defined in this Amendment shall have the same definitions given to them in the Agreement, unless the context clearly indicates a contrary intent. Whenever the term. "Agreement" is used in this Amendment it shall be deemed to mean the original Agreement, as previously amended and as amended by this Amendment ... H..__ .. ._. __~.. .. _ _.... .... _ _ _. _ . I . 1 . 69/65/2084 09:27 .131065?~~46 'il' SlJo.ISET MILlDtlIUv PAGE 133/03 3. The provision of Section 12 of the S~ Amendment regarding land use approvJJl is modified to provide that fM Bnye:r shall filo appli<lation for Site Plan Awoval no laferthanSep~ If 2004. 4. E~r $.8 modified abov~ the Agreemen~ together with all pertinent Amendments ~t remain unmodified IN WITNESS WB.EREO~ SeTter and Buyer have duly exeo1,1ted this .A:mcmdm.emt as ()f the dare on \\l'hich the 1a$tparty executes this .A ~ndment. as set forlh below 1hek signatllres.. WITNESSES: SELLER: ~~ Signa1:me of Wi1ne$~ 1 {( D.n, M &r -rh 0"" as Print name of Witness I ~ .....8i of ltness 2 hfy/ iff~/t!fJ.6t4, Print name of Witness 2 BUYER; Signat\1re otWitoess 1 EPOCH PR.OPERTIES, lN~ a Florida oOlporation Print name of Witness 1 By: Name: Title~ Si3J1ature of WItness 2 Date: Print name of Wib;Jess 2 !l:\tllll!1lS\I\AmDbd\Elp,," ..._dmollU30a0 Coatt_IVlt4 2 I I , . I PAGE ~ t RCW AT a15120041:24:00 PM lEasfem'D~ht TlmW SVR:FAXSERVER/15 t DNlS:5535I CSI):13f06525046 I DURATlOH (mm-ss):Of.18 .._._---~._----------_.__._._~._- -------. ... --.. -.--.-..----..--.--..--. 3. The provision of Section 12 of the Seventh Amendment regarding land use approval is modified to provide that the Buyer shall file application for Site Plan Approval no later than September 1, 2004. 4. Except as modified above, the Agreement, together with all pertinent Amendments shall remain unmodified IN WITNESS WHEREOF, Seller and Buyer have duly executed this Amendment as of the date on which the last party executes this Amendment, as set forth below their signatures. WITNESSES: Signature of Witness 1 Print name of Witness 1 Signature of Witness 2 fWitness 2 SELLER: GOCO,INC., a Florida corporation By: Name: Title: Date: BUYER: EPOCH PROPERTIES, INC., a Florida ~)-. BY:~ _ N:une: 14t L ~ 'b. ~\.~~ TItle: \HL.g" fh.dlt~~r- Date: '1 / .13 /Oy F:\USBRS\1\Amond\Bighlh AIDClIldmclltGoco Cootractwpcl 2 ,( , , . " EIGHTH AMENDMENT TO AGREEMENT TO SELL CONTRACT This Eighth Amendment to Agreement to Sell Contmct (the "Amendment") is made by and between GOCO, INC., a Florida corporation (the "Seller") and EPOCH PROPERTIES, INC., a Florida corporation (the "Buyer"), who, fur good and valuable consideration, the receipt and sufficiency of which are acknowledged, agree as follows: 1. Background. 1.1 Seller and Buyer entered into that certain Agreement to Sell Contract dated July 23, 2003 (the "Agreement") concerning the assignment of the contract for the purchase of certain real property with a street address of 1415 South Federal Highway, Boynton Beach, Florida (the "Property"). 1.2 Seller and Buyer entered into that certain Amendment to Agreement to Sell Contract dated August 22,2003, extending the Inspection Period until September 12,2003. 1.3 Seller and Buyer entered into that certain letter agreement dated September 11, 2003, extending the Inspection Period (as to environmental report only) to September 29,2003. 1.4 Seller and Buyer entered into that certain letter agreement dated September 29, 2003, extending the Inspection Period (as to environmental report only) to October 8, 2003. 1.5 Seller and Buyer entered into that certain letter agreement dated October 8,2003, extending the Inspection Period (as to environmental report only) to November 7,2003. 1.6 Seller and Buyer entered into that certain letter agreement dated November 7, 2003, extending the Inspection Period (as to environmental report only) to November 25, 2003. 1.7 Seller and Buyer entered into that certain Sixth Amendment to Contract dated November 25, 2003, extending the Inspection Period (as to environmental report only) to December 12, 2003. 1.8 Seller and Buyer entered into that certain Seventh Amendment to Contract dated February 19,2004 modifying substantial terms of the Agreement. 1.9 Seller and Buyer are desirous of amending the Agreement on the terms and conditions set forth in this Amendment. 2. Definitions. Capitalized terms used but not defined in this Amendment shall have the same definitions given to them in the Agreement, unless the context clearly indicates a contrary intent. Whenever the term "Agreement" is used in this Amendment it shall be deemed to mean the original Agreement, as previously amended and as amended by this Amendment. 3. The provision of Section 12 of the Seventh Amendment regarding land use approval is modified to provide that the Buyer shall file application for Site Plan Approval no later than September 1, 2004. 4. Except as modified above, the Agreement, together with all pertinent Amendments shall remain unmodified IN WITNESS WHEREOF, Seller and Buyer have dilly executed this Amendment as of the date on which the last party executes this Amendment, as set forth below their signatures. WITNESSES: Signature of Witness 1 Print name of Witness 1 Signature of Witness 2 SELLER: GOCO, INC., a Florida corporation By: Name: Title: Date: BUYER: EPOCH PROPERTIES, INC., a Florida ~IIO~ __ . BY:~ _ N~me: ~ (E 1). ~\'~:i' Tltle: \J l t. ~ fh d I 0 -..r- Date: '1 / .J.3 /0"1 F:\USERS\l\Amend\Eighth Amendment Goco Contractwpd 2 " (C (Q) IPt SEVENTH AMENDMENT TO AGREEMENT TO SELL CONTRACT This Seventh Amendment to Agreement to Sell Contract (the "Amendment") is made by and between GOCO, me., a Florida corporation (the "Seller") and EPOCH PROPERTIES, INC., a Florida corporation (the "Buyer"), who, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, agree as follows: 1. Background. 1.1 Seller and Buyer entered into that certain Agreement to Sell Contract dated July 23, 2003 (the "Agreement") concerning the assignment of the contract for the purchase of certain real property with a street address of 1415 South Federal Highway, Boynton Beac~ Florida (the "Property"). 1.2 Seller and Buyer entered into that certain Amendment to Agreement to Sell Contract dated August 22,2003, extending the Inspection Period until September 12,2003. 1.3 Seller and Buyer entered into that certain letter agreement dated September 11, 2003, extending the Inspection Period (as to environmental report only) to September 29,2003. 1.4 Seller and Buyer entered into that certain letter agreement dated September 29, 2003, extending the Inspection Period (as to environmental report only) to October 8, 2003. 1.5 Seller and Buyer entered into that certain letter agreement dated October 8,2003, extending the Inspection Period (as to environmental report only) to Novembe~7, 2003. 1.6 Seller and Buyer entered into that certain letter agreement dated November 7, 2003, extending the Inspection Period (as to environmental report only) to November 25,2003. 1.7 Seller and Buyer entered into that certain Sixth Amendment to Contract dated November 25, 2003, extending the Inspection Period (as to environmental report only) to December 12,2003. 1.8 Seller and Buyer are desirous of amending the Agreement on the terms and conditions set forth in this Amendment. 2. Definitions. Capitalized terms used but not defined in this Amendment shall have the same definitions given to them in the Agreement, unless the context clearly indicates a contrary intent. Whenever the term "Agreement" is used in this Amendment it shall be deemed to mean the original Agreement, as previously amended and as amended by this Amendment. ., 3. Inspection Period and Reinstatement of Agreement. The Inspection Period has expired and Buyer's Inspections of the Property have concluded. Buyer terminated the Agreement during the Inspection Period. The Agreement is now reinstated. However, Buyer has waived any further right to terminate the Agreement under Section 8.3 of the Agreement. 4. Third Amendment. Seller has entered into a Third Amendment to the Contract with Gulf Stream Lumber Company ("Gulf Stream") which provides for the following: (a) an extension of the Contract Closing Date to June 30, 2005; (b) payment to Gulf Stream of closing extension fees totaling $600,000.00 payable by: (i) ten monthly installments of $30,000.00 each commencing on March 1, 2004 and due on the first day of each of the nine months thereafter; and (ii) an increase in the Purchase Price under the Contract of $300,000.00; (c) notification to the Florida Department of Environmental Protection ("FDEP") of certain exceedances of State water quality standards on the Property, as disclosed in the Phase II Environmental Report prepared by Professional Service Industries, Inc. (the "Environmental Issues") and the prosecution of all required actions in connection with such disclosure, in order to obtain either a "no further action letter" or other appropriate action by FDEP including, but not limited to, approval of a "monitoring only" plan for the resolution of the Environmental Issues on the Property; (d) payment by Seller of a $50,000.00 deposit to secure payment of the costs of resolution of the Environmental Issues (the "Environmental Issues Deposit"); and (e) execution by Seller of an Environmental Indemnification Agreement in favor of Gulf Stream (the "Environmental Indemnity"). Buyer consents to Seller's execution of the Third Amendment to the Contract. \ 5. Closing Extension Payments. Seller and Buyer shall each pay one half ot the $600,0000 in total fees payable to Gulf Stream for the extension of the Contract Closing Date. Seller shall be responsible for paying any and all extension fees dues to Gulf Stream from March 1, 2004, through and including the payment due July 1, 2004. If Buyer has not sent the Default Notice by July 1, 2004, Buyer shall deposit $175,000.00 with the Escrow Agent on July 1, 2004, to cover the remaining monthly extension fee payments and reimburse Seller for one-half of the Environmental Issues Deposit. Upon receipt of the $175,000.00 payment from Buyer, Escrow Agent is authorized, and shall automatically, without any requirement of notice to or consent by either party, disburse (i) to Gulf Stream the monthly extension fee payments from the sums delivered to it under this section; and (ii) to Seller $25,000.00 representing reimbursement for Buyer's one half share of the Environmental Issues Deposit. At the Assignment Closing, Buyer shall pay to Seller $150,000.00 as its one-half share of the increase in the Purchase Price under the Contract as consideration for extension of the Contract Closing Date. None of the $300,000.00 in monthly closing extension fees paid by Buyer shall be credited against the Consideration or any other obligations of Buyer under the Agreement. 6. Environmental Issues Deposit. Seller and Buyer shall each pay one-half of the Environmental Issues Deposit. Seller shall pay the entire Environmental Issues Deposit upon execution of this Amendment. As provided in Section 5 above, if Buyer has not sent the Default Notice by July 1, 2004, Buyer will deliver $175,000.00 to the Escrow Agent on July 1, 2004, which includes Buyer's one-half share of the Environmental Issues Deposit. If the Environmental Issues Deposit is refunded to Seller at the Contract Closing, and Buyer has paid 7138115-5 Buyer's one-half share of the Environmental Issues Deposit, one-half of the amount refunded shall be credited against the Consideration payable by Buyer to Seller at the Assignment Closing. 7. Environmental Remediation. Seller and Buyer shall mutually agree on the team of consultants who will make the disclosure to FDEP of the Environmental Issues and Buyer shall then handle all negotiations and dealings with FDEP regarding the resolution of the Environmental Issues, subject to the terms and conditions of this section. Neither party shall unreasonably withhold, condition, or delay its consent to selection of the members of the environmental consulting team. Buyer shall have an affirmative obligation, promptly after execution of this Amendment, to file all necessary documentation with FDEP and to proceed in good faith and with all reasonable diligence to obtain prompt action from FDEP regarding the Environmental Issues, including performance of any and all remedial actions as may be necessary or required by FDEP. Attached to this Amendment as EXHIBIT "A" is a time schedule for resolution of the Environmental Issues. Buyer shall use reasonable diligence to comply with this schedule in all material respects. Buyer shall have the right, from time to time, to amend the schedule with Seller's consent, which will not be unreasonably withheld, conditioned, or delayed. Prior to delivering any submittal to FDEP, Buyer shall obtain Seller's approval of the submittal, which approval shall not be unreasonably withheld, conditioned, or delayed. Buyer shall deliver to Seller copies of all correspondence, materials, applications, and supplemental materials relating to the Environmental Issues and all submittals to FDEP, including copies of all work product prepared by Buyer or Buyer's consultants and representatives. The parties mutually understand and agree that Buyer shall have no obligation to furnish to Seller a reliance letter from Professional Service Industries, Inc., except as set forth in Section 14 hereof Buyer shall also provide Seller with copies of all communications from FDEP and any other applicable governmental authorities, including requests for additional information and materials and notices. Seller shall cooperate, as may be reasonably necessary, with Buyer in its dealings with FDEP. Notwithstanding anything to the contrary contained in this Amendment, Seller's obligation to cooperate as to the dealings with FDEP -shall be conditioned upon Seller thereby assuming no liability or obligation and incurring no charge, cost, or expense in doing so, except Seller's obligations arising by virtue of the Environmental Indemnity. Buyer shall provide Seller with reasonable advance notice of all hearings and meetings relating to the Environmental Issues and the dealings with FDEP and permit Seller and Seller's consultants and other representatives to attend all meetings and hearings relating to such matters. Buyer shall pay all costs in connection with the submittals to FDEP and any remedial actions required in connection with the Environmental Issues incurred by Buyer prior to Buyer's service of the Default Notice and shall receive a credit against the Consideration payable to Buyer at the Assignment Closing for the amount of all documented, out-of-pocket costs incurred by Buyer in such regard. Buyer shall not incur any obligation in excess of $10,000.00 as to any remedial actions required in connection with the Environmental Issues without Seller's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed. Buyer shall provide Seller with copies of all invoices, paid receipts, and other back up information establishing costs incurred by Buyer which Buyer claims should be credited against the Consideration promptly after Buyer's receipt of them. Notwithstanding the foregoing, in no event shall the credit to Buyer against the Consideration exceed a maximum of $600,000.00. Buyer's obligations under the Agreement are not contingent on the outcome of the disclosure to and dealings with FDEP or the resolution of the Environmental Issues and Buyer shall be 7138115-5 " obligated to close notwithstanding the outcome of the disclosure of the Environmental Issues to FDEP, subject to Buyer's rights in the Option to Default and Second Option to Default sections of this Amendment. 8. Option to Default. Buyer may, upon the giving of five days' prior written notice to Seller (the "Default Notice"), terminate Buyer's obligation to pay any remaining unpaid amounts then or thereafter due under the Agreement. Upon giving the Default Notice, Buyer shall be deemed in default under the Agreement and the Deposit and any other payments that may have been paid by Buyer under the Agreement as of such date of any nature whatsoever shall be forfeited by Buyer as liquidated damages for Buyer's default, as provided in Section 10.1 of the Agreement, but Buyer shall have no further obligations to make any payments under the Agreement that have not been made as of the date of the Default Notice and will have no further rights under the Agreement. 9. Right to Suspend Payments. Provided Buyer promptly commences all actions required of it under the Environmental Remediation section of this Amendment, including promptly filing all necessary documentation with FDEP and proceeding promptly and in good faith and with all reasonable diligence to obtain prompt action from FDEP regarding the Environmental Issues, including commencement and performance of any and all remedial actions as may be necessary or required by FDEP, Buyer may suspend its obligation to pay any amounts otherwise due under the Agreement until July I, 2004. If Buyer has not delivered the Default Notice to Seller by July 1, 2004, TIME BEING OF THE ESSENCE, this right to suspend payments under the Agreement shall cease and on July 1,2004, all amounts which were previously or are then due and payable by Buyer to Seller under the Agreement shafl be immediately and forthwith due and payable. 10. Release of Deposit. Upon execution of this Amendment by Buyer and Seller, Escrow Agent shall automatically, without notice or any requirement of consent by ;Buyer to such disbursement, disburse the entire $250,000.00 Deposit pIus all accrued interest directly to Seller. 11. Deletion of Provisions. The following provisions are deleted from the Agreement: Section 4, Subsection 5.1.2, the last four sentences of Subsection 5.1.3, Subsection 5.1.4, Section 5.3, the last three sentences of Section 6.1, the last sentence of Section 8.1, and Section 8.8. In place of Subsection 5.1.2, the obligation of Buyer to close is conditioned upon the light mixed use zoning classification and the land use plan designation for the Property, in both cases as in effect as of the date of this Amendment, remaining unchanged as of the Assignment Closing Date in any way which would materially affect the Intended Use. 12. Land Use Approvals. The permits and approvals for the Intended Use are collectively referred to as the "Approvals". Buyer shall have an affirmative obligation to file all necessary applications for the Approvals and to proceed in good faith and with all reasonable diligence to obtain the Approvals. Buyer shall file its application for site plan approval for the Intended Use in a timely fashion consistent with the progress and resolution of the Environmental Issues, but in no event later than August 1, 2004. Prior to submitting any application for Approvals to any governmental authority, Buyer shall obtain Seller's approval of 7138115-5 the application, which shall not be unreasonably withheld, conditioned, or delayed. Without limiting the generality of the foregoing, Buyer shall submit to Seller its proposed site plan for the Intended Use for Seller's approval prior to submission of it to any governmental authority. Buyer shall deliver to Seller copies of all correspondence, materials, applications, and supplemental materials relating to the Approvals, including copies of all work product prepared by Buyer or Buyer's consultants and representatives. Buyer shall also provide Seller with copies of all communications from applicable governmental authorities, including requests for additional information and materials and notices of hearings. Seller shall cooperate, as may be reasonably necessary, with Buyer in its efforts to obtain the Approvals. Notwithstanding anything to the contrary contained in this Amendment, Seller's obligation to cooperate as to the Approvals shall be conditioned upon Seller thereby assuming no liability or obligation and incurring no charge, cost, or expense in doing so, except those arising by virtue of Seller's obligations under the Environmental Indemnity. Buyer shall provide Seller with reasonable advance notice of all hearings and meetings relating to the Approvals and permit Seller and Seller's consultants and representatives to attend all meetings and hearings relating to the Approvals. The Approvals shall not be effective until any date earlier than the Assignment Closing Date. 13. Second Option to Default. By no later than May 15, 2005, TIME BEING OF THE ESSENCE, Buyer may deliver a notice to Seller (the "Second Default Notice") terminating Buyer's obligation to pay any remaining unpaid amounts then or thereafter due under the Agreement, including the balance of the consideration and any and all other am~unts due at the Assignment Closing. Upon giving the Second Default Notice, Buyer shall be dee,med in default under the Agreement and the Deposit and all other payments of any type or nature whatsoever previously made by Buyer under the Agreement shall be forfeited as liquidated damages for Buyer's default as provided in Section 10.1 of the Agreement and Buyer shall have no further rights under the Agreement. If Buyer does not timely send the Second Default Notice, TIME BEING OF THE ESSENCE, and Buyer thereafter defaults under the Agreement by failing to close or otherwise, Buyer shall also pay to Seller the sum of $100,000.00 as additional liquidated damages on account of such default, which additional liquidated damages shall be in addition to forfeiture of the Deposit and all other amounts of any type or nature paid by Buyer to Seller under the Agreement and Seller shall have the right to recover from Buyer all amounts that are due and payable by Buyer under the Agreement as of the date of the Second Default Notice but shall have no right to recover any amounts not then due and payable. 14. Reliance Letter. Upon Buyer giving either the Default Notice or the Second Default Notice, Buyer shall use Buyer's good faith and best efforts, at Buyer's sole cost and expense, to obtain a reliance letter from Professional Service Industries, Inc. permitting Seller to rely on all reports relating to the Environmental Issues issued by Professional Service Industries, Inc. and putting Seller into privity of contract with Professional Service Industries, Inc. Should the Agreement be terminated by Buyer or through the default of Buyer, Buyer shall likewise use Buyer's good faith and best efforts, at Buyer's sole cost and expense, to obtain said reliance letter for the benefit of Seller. 15. Environmental Indemnity. At the Assignment Closing, Buyer and Seller will enter into an agreement under which Buyer shall assume all obligations of Seller under the 7138115-5 Environmental Indemnity and will indemnify, defend, and hold Seller harmless from and against any and all liability relating to the Environmental Indemnity. 16. Extension of Contract Closing Date. Pursuant to Section 9 of the Third Amendment, Seller has the right to purchase up to six one-month extensions of the Contract Closing Date as provided in Section 11 of the Addendum to the Contract with Gulf Stream. Seller grants Buyer the right to exercise the fIrst two one-month extensions of the Contract Closing Date provided: (i) Buyer gives Seller not less than 15 days' notice of its election to exercise each of the two monthly closing extensions and pays to Seller the $50,000.00 monthly extension fee for each such extension simultaneously with delivery of the notice exercising the extension; and (ii) the Agreement is then in full force and effect and Buyer is not then in default under the Agreement nor has any event occurred which would constitute a default but for notice or the passage of time, or both. Notwithstanding the foregoing, Seller shall have no liability to Buyer, and Buyer shall have no rights or claims against Seller or defenses to its obligations under the Agreement, should Gulf Stream contest the existence of Seller's right to extend the Contract Closing Date. 17. Ratification. Except as modified by this Amendment, the Agreement shall remain otherwise unmodified and in full force and effect and the parties ratify and confirm the terms of the Agreement as modified by this Amendment. All future references to the Agreement shall mean the Agreement as modified by this Amendment. 18. Benefit and Binding Effect. This Amendment shall be binding upon and inure to the benefit of the parties to this Amendment, their legal representatives, successors,' and permitted assigns. 19. Amendment. This Amendment may not be changed, modified, or discharged in whole or in part except by an agreement in writing signed by both parties to this Amend,ment. 20. Counterparts. This Amendment may be executed by the parties signing different counterparts of this Amendment, which counterparts together shall constitute the agreement of the parties. 21. Fax Transmissions. This Amendment may be transmitted between the parties by facsimile machine. The parties intend that faxed signatures constitute original signatures and that a faxed Amendment containing the signatures (original or fax) of all parties is binding on the parties. 22. Integration. This Amendment constitutes the entire agreement of the parties concerning the matters and transactions covered by this Amendment. All prior understandings and agreements between the parties concerning these matters are merged into this Amendment, which alone fully and completely expresses their understanding. 23. Construction of Language. This Amendment has been negotiated "at arm's length" by and between Seller and Buyer, each having the opportunity to be represented by legal counsel of its choice and to negotiate the form and substance of this Amendment. Therefore, this Amendment shall not be more strictly construed against either party by reason of the fact that 7138115-5 I. one party may have drafted any or all of the provisions of this Amendment. The word "including" when used in this Amendment shall be deemed to mean "including, but not limited to," or "including, without limitation," IN WITNESS WHEREOF, Seller and Buyer have duly executed this Amendment as of the date on which the last party executes this Amendment, as set forth below their signatures. WITNESSES: SELLER: L. I IV J? A bJ.l A /v1 01<- ADD Print name of Witness 1 <:::::.. Date: JJ' hJ.t;.. ~"i/')'\...)r.( ~ Signature of Witness 1 _......P BUYER: EPOCH PROPERTIES, INC., a Florida corporation By ~Ll ~i~~~~a~~{:>lA-J" I :), Date: d -/C,-el/ Print name of Witness 2 7138115-5 , ' i. 7138115-5 EXHIBIT "A" SCHEDULE FOR RESOLUTION OF ENVIRONMENTAL ISSUES . <; SIXTH AMENDMENT TO CONTRACT This Sixth Amendment to Agreement to Sell Contract (the "Amendment") is made by and between GOCO, INC., a Florida corporation (the "Seller") and EPOCH PROPERTIES, INC., a Florida corporation (the "Buyer"), who, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, agree as follows: 1. Background. 1.1 Seller and Buyer entered into that certain Agreement to Sell Contract dated July 23, 2003 (the "Contracf') concerning the assignment ofthe contract for the purchase of certain real property with a street address of 1415 South Federal Highway, Boynton Beach, Florida (the "Property"). 1.2 Seller and Buyer entered into that certain Amendment to Agreement to Sell Contract dated August 22,2003, extending the Inspection Period until September 12,2003. 1.3 Seller and Buyer entered into that certain letter agreement dated September 11,2003, extending the Inspection Period (as to environmental report only) to September 29,2003. 1.4 Seller and Buyer entered into that certain letter agreement dated September 29,2003, extending the Inspection Period (as to environmental report only) to October 8,2003. 1.5 Seller and Buyer entered into that certain letter agreement dated October 8, 2003, extending the Inspection Period (as to environmental report only) to November 7,2003. 1.6 Seller and Buyer entered into that certain letter agreement dated November 7,2003, extending the Inspection Period (as to environmental report only) to November 25,2003. 1.7 Seller and Buyer are desirous of amending the Contract on the terms and conditions set forth in this Amendment. 2. Definitions. Capitalized terms used but not defined in this Amendment shall have the same definitions given to them in the Contract, unless the context clearly indicates a contrary intent. 3. Inspection Period. The Inspection Period as set forth in the Contract is extended to 5:00 p.m. on December 12,2003, solely for the purpose of obtaining a satisfactory environmental report. Buyer agrees to provide Seller with a copy of the Phase II Environmental Report to be obtained by Buyer, which will be certified to Seller. 4. Second Amendment. Buyer acknowledges that it has reviewed and approved the Second Amendment to Contract for Sale and Purchase between Gulf Stream Lumber Company and Goco, Inc., dated as of November 12,2003. The Second Amendment is made a part of EXHIBIT "A" to the Contract. 5. The Letter Agreement dated October 8, 2003 extending the Inspection Period to November 7,2003 as set forth in Section 1.5 above is amended by deleting therefrom the following language: "In the event that you are unable to fmish your environmental work by November 7th, any additional extensions shall be atthe non-refundable price of$100,000.00per month, payable in advance." 6. Ratification. Except as modified by this Amendment, the Contract shall remain otherwise unmodified and in full force and effect and the parties ratify and confirm the terms of the Contract as modified by this Amendment. All future references to the Contract shall mean the Contract as modified by this Amendment. 7. Benefit and Binding Effect. This Amendment shall be binding upon and inure to the benefit ofthe parties to this Amendment, their legal representatives, successors, and permitted assigns. 8. Amendment. This Amendment may not be changed, modified, or discharged in whole or in part except by an agreement in writing signed by both parties to this Amendment. 9. Counterparts. This Amendment may be executed by the parties signing different counterparts of this Amendment, which counterparts together shall constitute the agreement of the parties. 10. Fax Transmissions. This Amendment may be transmitted between the parties by facsimile machine. The parties intend that faxed signatures constitute original signatures and that a faxed Amendment containing the signatures (original or fax) of all parties is binding on the parties. IN WITNESS WHEREOF, Seller and Buyer have duly executed this Amendment as of the date on which the last party executes this Amendment, as set forth below their signatures. WITNESSES: SELLER: GOCO, INC., a Florida corporation Signature of Witness 1 Print name of Witness 1 By: Name: Title: Date: Signature of Witness 2 Print name of Witness 2 . . . . c:.:-- ~ &2,4 c-"'- / /? -:f-'" !/"nc/ Y} Print name of Witness F:\USERS\1 \Amend\Sixlh AmendmenlCLEAN .wpd BUYER: By: Name: Title: Date: NOV-07-2003 FRI 05:08 PM SHUTTS BOWEN LLP . FAX NO. 5p1 650 8530 P. 02 lI!il VII~I VII"" -.. .........- .. ~~\.#.l .&.:o~''''' .....,:..., .1..1"" November 7. 2003 Mr. Leigh Govc GCG Construction 8490 W. Sunset Blvd.~ Sui~ 200 West Hollywood. CA. 90069 /~ ~~ ~~ EPOC~ PROPEIrrIES NnRPORATFD Y'uz FtlCSimile Re: Gulf Stream Lumber Site Boynton Beach, F10rida Dear Leigh: . ~ (y(r/' This letter is to sc::rvc as our fourth e....-/on of the "Inapection Period" for the above-referenced contract until $:00 p.m. on NO~bez'7ioo3. It is nece;,Ary to extend the '1Mpection :Period" again solely for the pmpo8e of obtUning a satisfaotory environmental tepOl't. Epoch agrees that when PSI has ptepaTed their final Phase n Environmental Report, a copy will be provi~ ""'_ . A Goco. Gf\(t Leigh, after you ~vc had ~ oppo~ty to review. this COIteSpondence. please indi~te ~ agreement by placmg your SlgzWurc m the space pr<J\1idcd below. .N.Il' ~ Shomd you be unable or unw.iJling to grant us our requested extension by 5:00 p.m. today, please accept tbia docUJU/mt as formal notification that we ~ tmDinating our conttact as ICfcrcnced above. and 'Would request the immPdiate rctum of our deposits, whereby there ahall be no further obligation for either patty under the 00Iltr8ct. In the interim. should you have any questions or need additional information, please feel free to calL Sinc:erely, /~ ~e D. Riva Vice Prcsi~ Enclosure ~ to ~Ptedthlt l day of . .2003. ~ By: Its: . eo: Jaxnea R :Jlugh, Jr. Gene Godbold, Esq. Art Menor. Bsq. rl\l~~Ltr4.doc 359 Carolina Avenue · Winr.4U l'Rrk. Florida 32789. (407) 64+9055 . Fax (407) 644,984$ Kyle Riva From: Date sent: Subject: To: Quickleigh08@aol.com Wed, 8 Oct 200315:43:11 EDT Gulfstream Lumber kyle@epochproperties.com Dear Kyle: A I am in receipt of the copy of Whitney Lewallena€™s letter to you fax-dated October 8th.A In the interest of demonstrating my good faith, I have extended to you and your partners more than 45 days of uncompensated extensions on the Purchase Agreement for the captioned property. A However, to further demonstrate my good faith, I will grant a final 30-day extension until November 7th to perform the environmental work referenced in Whitneya€™s letter under the condition that the referenced environmental work commences on-site no later than Monday, October 13th and is completed by November 7.A At that time you will be required to deposit the additional deposit as required in the contract, and all deposits shall thereafter be non-refundable.A In the event that you are unable to finish your environmental work by November 7th, any additional extensions shall be at the non-refundable price of $100,000 per month, payable in advance. A My objective is to consummate this transaction with Epoch Properties as initially agreed, but the opportunity cost of continually extending this contract is becoming prohibitive not only financially but in terms of opportunity, and I am concerned that Prudential seems to be struggling with the environmental issues which, quite frankly, I thought we had addressed long ago. A Nonetheless, I trust you will view my offer favorably, and I look forward to an expeditious c1osing.A Please indicate your agreement with the above by signing below where indicated. A Sincerely yours, A Leigh E. Gove Printed for Kyle Riva, 8 Oct 2003, 16:00 Page 1 of 1 09/30/2003 08:14 13105525045 SUNSET MILLENNIUM PAGE 02 P. 02 ~o01/00' . SEP-30-2003 rUE 10: 00 A11 S. . TS BOWEN LLP FAX NO. 51. 650 8530 .... --, ..-...... ',"" ,,,,,, . ..~'- _UI ~.... 1lI~":r t;,rur..;n r"'"ur~rr'.a.t.~ I~N~ E;)' Y""'; :1>' nQt ).I)cf:n"r i':;~ I (. '-.,.M ... ,\, :I C \l.t.,.....I",; vw......-..tA__ :-Illlp~mbGI' 211. 2QQ3 ,~,'{': il~!\ )/~A'1';:f.> tftil/ ~ ~~.-e, tZO~~ ~:.ao '111:~ IcHcr i~ 10 llCTVC U~ QUI" ~. d Loxl' !o\ion or t~l~ "In:~p<<ltjl)~ P~'iC>d'" tnI' the llbtwl.H'toftfeJl(lt<! ~ (Y\ ,'nlltl'nct und! S:o() p.m. C'ctober 2003. 'rhc.: "ln~"liQn ;~\.'1iod" i!J cXlt:nd~ sl,lldy for the PUI'P~\~ or ublaininn a :s '.' ry en"imnn~lltal report :afld ill nrc.lcr to .:lIlIJW PrudclJtiul ~ll..dli&;ient time lo conduct a lhut'UtllPl t\.-vj(..w (}!'lhc lcJoli'l "nil rc:pl,.r!lI provided 10 \'blt!'. l\11hur .1. Menor. 1~l'lq. Sh1.tu.o; &. JlQWl."TI. IJI~P On(' CIC31'~ Centro, St,il~ 500 :!5n AU~{l';Ilian AwnulJ SCll.lth W~no:ll~~lm ~tlch. ~1. :13401 Re-: Agreemcnl11> Sell ("Qnlnlcl l>c1wccn ~~ \ ) O()CO. INC. and HflO<..'11 PROPE~J'WS.INC. JO '(JO)/l'lton [l~ch. l~l(.)ridtl '. ViaJ:./lt.....ihllilr,l all,t F~'JI/'''u' 1:.:'l:J'r4!NS I.~~r Al't: '\1'1;, Olfter you bavi: had .:u'l oppol1unrty ti> rc;vicw this oom: IpOnd.."nu~. rlC"dlU: intljcluc your "'.l1n':l:Illl:Ill hy placinlf; Yt~tlJ' lli!1nlllUfu in lr-c SPUCI; prl)vidcd ~il'IW. t)nr()rtunp.1~Jy. Wll' ~V~ rn:cn lUu:ble to rench 1.01: viti lCllcphonC' roday. Ul'IU ll'n: tfll."'!'Cfiwc f{"rwltrding Ihis cnrn."Sptmd'c:nlle .....,lliIDllt hi.=- prh)f upproval. . . Shl,\~lcJ YQU b~ um,tbll& C1r unwillinE; 1A.l want u..; Qur rc'1u~$tC.d ~xl;!nf'iQn hy s:oa p.lT\. Loday. please :lC~'Cpl this dOCUI'l1(,1l"tl .;Ill romml nolilj\11111~ln thai w~ ;.Ire tcrmir~allng oor cnn1l't1CI .LIlli ~r~e1I~cd <.lh()\Ic. a.nd would r(."Q~t lhe ;nUl11.-oi.ull' return of nm' de-posits. 'Nhereby ther~ slwlJ be no l"urthl:1' obli1Ultlon (or I:illwr pDl1~ l./nd~r 4hc c()ntm~1,.. [n 1hC! irtlcrinl, should you haw any quellTiQJ1~ e>r nv(.'(f nddl[lol~Ql h)foll1r.ltioll, pJ~sC' t~el free' to call. SillQ~r~Jy. //y~- . K)'Jc r>. RiVa ---- Via l: r~l.!!;ltlt."lltlFi,ll:lj)c~ Agr~ to aqrl i\ttl..'P d this ~ dilYof' . 2()()3. ~ l.:n.;!OStlre ,:~: J~mes H. PIJ1.:h. Jr. Ocnl: OOdtl\lld, ES~I. Lr:i~h t::. QoV(,' ,. j V".jl;l.irl.\l'l11on1ln....ao.\b/"\ll.1 h'~.I!I'l\l ;,,11, ,;It':lIfli ''l'Uill \~ IIll.! !'!!;,.~~.I:.(I \., I" ;;,',ltlll '.'" f'.\~.lhu,.\:.lf.'.1011 SEP-12-2003 FRI 04:44 PM SHUTTS BOWEN LLP FAX NO. 561 650 8530 p, 02 y." .,' .... ....... EPOCH@PROPERTIES September II, 2003 INCORPORATED YIA FEDRRAL EXPRRSS Arthur 1. Menor, Esq. Shutts & Bowen, LLP One Clearlake Centre, Suite 500 250 Australian Avenue South West Palm Beach, FL 33401 ~ Re: Agreement to Sell Contract between GOCO, INC. and EPOCH PROPERTIES; INC. Boynton Beach, Florida Dear Art: Pursuant to our telephone conversation of this date, I have enclosed a check in the amount of$150,OOO.00 for the extension of the "Inspection Period" until 5:00 p.m. on September 29, 2003. The ''Inspection Period" is extended solely for the purpose of obtaining a satisfactory el)vironmental report. Art, after you have had an opportunity to review this correspondence, please indicate your agreement by placing your signature in the space provided below. In the interim, should you have any questions or need additional information, please feel free to call. Sincerely, ~~ Kyle D. Riva Vice President/Finance Agreed to and Accepted this , l :l day of September, 2003. Enclosure I~. cc: James H. Pugh, Jr. Gene Godbold, Esq. Leigh n. Gove KDRlemc/B(lY!ltonBeIlOhlEx.t,Llr,doc 359 C :;lmliL'Ui A VCl1llt: ,., Wimer Park, Fk,riJa 32789 . (407) 644.9055 '.> F;\x (407) 644-9845 SEP-,12-2003 FRI 04:48 PM SHUTTS BOWEN LLP FAX NO, 561 650 8530 p, 02 ,..,' ...,,..' . Septf.'tnber 11, 2003 EPOCH@) PROPERTIES INCORPORATED VIA FEDERAL EXPRESS Arthur 1. Menor, Esq. Shutts & Bowen, LLP One Clearlake Centre, Suite 500 250 Australian Avenue South West Palm Beach, FL 33401 SfP 21 2003 Re: Agreement to Sell Contract between GOCO, INC. and EPOCH PROPERTIES; INC. Boynton Beach, Florida Dear Art: Pursuant to Our telephone conversation of this date, I have enclosed a check in the amount of$150,000.00 for the extension of the ''Inspection Period" until 5:00 p.m. on September 29, 2003. The ''Inspection Period" is extended solely for the purpose of obtaining a s~~tisfactory environmental report. Art, after you have had an OPportWlity to review this correspondence, please indicate YOUr agreement by placing your signature in the space provided below. In the interim, should you hnve any questions or need additional information, please feel free to call. Sincerely, ~V!-------- ~le D. Riva Vice PresidenVFinance Agreed to and Accepted this .( ~ day of September, 2003. Enclosure ,~. CC: James H. Pugh, Jr. Gene Godbold. Esq. Leigh E. Gove KDRJemc/aO>'I!lonaeachlExI.Ur.doc 359 Cal'Olil1i.1 A\'cl1u<.' ',\ WiTl.t~f Park. FIOrltl:, 32789 <'. (407) 644-90'i'; .,. FfI)( (407) 644-9845 SEP- , 2-2003 FR I 04: 48 PM SHf 1"''1'8 BOWEN LLP FAX NO. 5r 650 8530 P, 01 , , FAX TRANSMISSION SHUTTS & BOWEN LLP 250 AUSTRALIAN A YENUa SOU'I'H, SUITE 500 WEST PALM BBACH, FLoRIDA 33401 (561) 835-8500 (Main) (561) 650-8503 (Fax) ,I To: Kyle Riva Company: Epoch Properties Client/Matter No.: 10043/0025 Fax: 407-644-9845 Phone: 407-644-9055 From: Arthur J. Menor, Esquire User ID: 0430 Phone: 561-650-8510 Fax: 561-822~5510 Date: September 12, 2003 Pages: 2. including covet sheet Subject: Goco / Epoch Comments: Please deliver the attached to Kyle Riva. This facsimile contains privileged and confidential information int~nded only for tile uSe of the adclressee named above. If you are not tile intendea recipient of this facsimile, or the employee or Ilgent responsible for delivering it to the intended recipient, yOu are hereby notified that any ditlscmination or COpy of this facsimile is strictly prohibited If you have received thi.~ fac~imile in error, please notify us immediately by telephone and remm the original facsimile to us a~ the above address via the U.S. Postal Service. Thank you. NOTE: P~E CALLIMMBDIATEL.Y IF ALl. PACES ARE NO"r RJi:CEJ\IBp MAIN NUMBE~ (561) 835-8500 -. <~ r ,It AMENDMENT TO AGREEMENT TO SELL CONTRACT TIDS AMENDMENT TO AGRE~ENT TO SELL CONTRACT (the "Amendment") is made and entered into as of this "2--~y of August, 2003, by and between GOCO, INC., a Florida corporation ("Assignor"), and EPOCH PROPERTIES, INC., a Florida corporation ("Assignee"). WIT N E SSE T H: A. That the parties are mutually desirous of amending their aforementioned Agreement and do hereby amend Section 8.3 to provide that the expiration ofthe Inspection Period shall be 5:00 p.m. on September 12, 2003. B. and effect. Except as amended herein, the aforementioned agreement shall remain in full force IN WITNESS WHEREOF the parties have executed the foregoing Amendment as of the day and year first above written. GOCO, INC., a Florida corporation By: Name: Title: EPOCH PROPERTIES, INC., a Florida co oration \~ te; D. w~ ~ flLJS:orNl F:\USERS\I\Amend\Epoch Goco Amendment.wpd cah/082203 Aii . " AUG-26-2003 rUE 02:26 PM GJD.~ & 8 ~.. .AUG"'25.'2003 MON 04:51 PM SHU'I-. , BOWEN LLP ~u; ~2 O~ as:4~r' Gwen G~v~ . -""... Lt. c.woJ r" 1I'1'''~ rn ~I'lUJ l~ ~~ lLF : OI/2.~!OJ 12:4-' .U7 '..f tits FAX NO. 407 647 2089 FAX NO. 561 "<;/II 8530 561-2'12-0900 FAX NO. 5el BSO 8530 lflotU paapal'JIS P, 02 P, 02/02 p, 1 P, D2 ..OJ i .lUlDlnUltN"r TO ~Ga........ltI'm an~, ~Q:' I I TRD.haN1>>MINT%O~GU.A\JlXtTOALL CONDACI C1U ".M1~ L ...,., IllD8cMllId __.iiIto u ardaa ~ot' ~ 2003, by lad bllW_ GOCO..:ac.,. JIlolial eaapoca&t.ca t"-......,. uuJ BPOCIII'IlOJIIRUIS, lNC., . '1aDd. -.-1IicII ('"AIII..-',. WJTNBSSiTB: A. 'tbaIth.,..., .alllQllDyl'tl",,"t Df'-...., dacir..........AII... . Incido -by anad 8actiClll 8.3 1Opnw1dc _II>> apiraiaaofdlt laIjIIdioD Pmad ..ut.5:GQ 'p.m. ClII ~1lu l~ 200J. . . J .. . a. Eu.pt. ~... .....areuuatiOMd ~sUDrctaaia iA Id1 ""' .. c5cr. lNWI'tN!3SWJfIiDOP~lUir.IJ.baw~_lDr'lDiq~l..ofIktb;r - yoa Ont above 1lIriIa. ,,' -'l- 'B1rz./c:B 1lIOcl/HllPER11Es,lNC..._ ~ I . . i . 1 '/ . I . ~ . . I~.' ~~.Q..' ~ .- flMIAII ! '-.- .. -' II' .. . July 2005 Gulfstream Lumber Preliminary Drainage Calculations for: City of Boynton Beach Prepared by: Kimley-Hom and Associates, Inc. 601 21 st Street, Suite 400 Vero Beach, Florida 32960 @ Kimley-Horn and Associates, Inc. 2005 KHA Project No: 047502001 _..J , I ---, __u_~___ .'____-.J TABLE OF CONTENTS Site Description Post Development Analysis A. Water Quality B. Water Quantity Appendix G:\47502oo1 \ENG\DRAlNAGE\PrelimCa1cs.doc Site Description The proposed project is located on the existing Gulfstream Lumber site the northwest comer of the U.S. Highway 1 and Woolbright Road intersection. There are no existing roads through the site. The elevations on site are highest along the F.E.C. right-of-way to the west and lowest along U.S. Highway 1 to the east. Stormwater currently drains by overland flow to U.S. Highway 1. Post-developed Analysis The proposed development will consist of mixed use multi-family units and commercial floor space. Stormwater runoff will be collected by inlets and treated by an ex-filtration trench network before outfalling into the U.S. Highway 1 drainage system. The existing impervious area is greater than the proposed impervious area, thus the post-development runoff will be less than the pre-development runoff. A. Water Quality Water quality treatment will be provided by the proposed ex-filtration trench system. B. Water Quantity Attenuation will not be necessary because the existing impervious area is greater than the proposed impervious area. G:\4 7502001 \ENG\DRAINAGE\PrelimCalcs.doc Preliminary Calculations 0:\47502001 \ENO\DRAlNAOE\PrelimCa1cs.doc ~=~ Kimley-Horn and Associates, Inc. Date Checked by Sheet No. _ of_ Job No. Date Job Designed by Subject A ~ Pt. litj 4(JtS I '1,1' ~(,((J Bu:ld:"j :: 35b/1'1h s.f. = 8' .JD cu.. Wa-f~ aL.(A.lj~ ~ C4) F;rsr I il\(;h OlJ~ the she.', JLf.Jf1,a(. (I i~) ( J fe/,).:~ ': I.l~ ~l.' ft. b) ~.S' j',\ es blliJ; I""p<J"v;TJIIS::; 1'1, f6- ~.lO 1.1.01- <6',lD = 3,Q Ift(,. 3. q t:fG (2.5" i1\) (I~l;~ : (), lJl tU,- ~ -. Z~f1 '%~ Zl ~ J,S- X ,oJ. = .1,05 i,.,. ;;'O! i~ (1'1.&1) ('f~),~ ~ :J.,~O ~l.ft. L= ? Vo;: J.5"O "".ft:: 3D 41.-:~ w = J/) Fe ~ -'f ,,:: LJ. 'to/u /-h: ~' O~ = l.J ( L -= ta ': () v ~ \<. (N~W'+ J.~)"D", - D...J. + J.>>.\.b~) + (1.31 )( /0-' W~ ~ ~-n Kimley-Horn -.......J _ U and Associates, Inc. Date Checked by Sheet No._ of_ Job No. Date Job Designed by Subject (c,. J) v L = k(U.)w+ J.J.l.J.l}.. -~i'",.1. U~h.s) T ~3q AIO.'\.Vlh ~~'DI S L= 30 I,~ X 10.&1(60 + 4,!; - I~) + /.31 '(.10""#(40) \AI= to Itd. : b ~"t. ': '1 DJ ~o 30 ,011 + 0055b , = t lolJ.. L= ~@i~ L-:. 1,.1. ~ 10-1( ( 4~ ..,.415 -If:,) + 1.3'1 X' /0-11 (3~) 30 \..V -: ~ Jl~ -:. Ie, t) I.t ~ L.f Os ~ 0 L:: 3cJ , bD~b +, OO'-l4Lf - = J..I<<t3 Lti!'b] @ 3D L= l,J. x/lt'i ( ~ HJ. DI.\ - tJ 'f t -J. ~ Dl) + J,) 1 )( j()-'4 , W 0.. L-:: ,'?o /'l )I/u-Ii ( 4l-(6) -+ J. 3tf \( /0--4 ( lft>) L-:. 30 .003"bl1 + I005b :; 3/"17 ...... '1 I I I r--+---,----------____ / I \ / I \ / I \ / ( \ 1\\ ~ \ \ r^ tv") \ \ r/') ::J\ \In \ \ I \ ~ I \ ------ -1 \ -------- \ \) \ ~ l__ / .-..,~ ------- / '~ , --~, -------------~--, " I I I I I I I I I I I I I I I I / I ~ I I I"-\. I / I n I I I I I I / I / I / / / I -----\ - ~ \\- ~ -... ~ ~ v ~ --r . ~ c:::a.-- '\./) M jJ) ~ b -\- J ~<S""" ~ <S""_ '- (i) ('/") , \ C t>" ~=~ GROUND &"-i'j B-1 B-J. B-! B-'1 &-~ B-b B-1 Kimley-Horn and Associates, Inc. Job Designed by Date WA1ER .5t..ffr.cG c. (;W T c tell. - ~.s' 11,1 - '6iO' /J,S -q.D' //)s - g.S' /()-$ -<6.0' q,' -q..s' 7,S _q,Oi :;.. ~ AVJ' ~H6W7 ELEV, = d.. I Subject Checked by 6WT [;I.,CV. ~.b 3,$ ,.S J.O I.b -J.b - I,S 5 HG\.v'1 6L6V ( +/ &J 3.b Lf.5" J.5 ],0 J.b -1.0 -Q( Sheet No. _ of_ Job No. Date e. For trench to be considered dry, the average wet season water table must be no higher than the invert of the trench pipe. For this system, the trench bed will extend down to elevation 11' NGVD. The pipe invert will be at elevation 12' NGVD. f. A weir must be installed at the downstream end of the trench system, both to create true retention and to establish' the value of H2. The weir crest must be no lower than the top of the trench pipe. The weir crest elevation will be 16.0' NGVD. 2. Compute trench length a. L = V/(K(H2W + 2H2Du - Du2 + 2H2DS) + (1.39 x 10""')WDu) L = Length of trench required (feet) v = Volume to be exfiltrated (ac-in.) W = Trench width (feet) K = Hydraulic conductivity (cfs/sq ft - ft head) H2 = Depth to water table (feet) Du = Non-saturated trench depth (feet) Ds = Saturated trench depth (feet) b. In this project, L is to be determined V = 0.6 ac-ft = 7.2 ac-in. W =3ft K = 1.2 X 10"'" cfs/(sq ft - ft of head) *H2 = 5 ft **Du = 3 ft Ds =0 *H2 can extend no lower than the trench bottom. **Du is the entire trench depth, from elevations 11 to 14' NGVD, because the water table is below the trench bottom. c. L= 7.2 1.2x1 O""'x( (5x3)+(2x5x3)-(3x3)+(2x5xO))+( (1.39x1 0-4)x3x3) = 1,290, say 1.300 I.f. of trench for dry retention. XD-5 --.. ~ _ ....--"'_-..._IIol...... _.. _ .1.........10 _....,....... ___ __,.. _11_........ _ ot_ ....--_.. _ _ _ -.. _- _......--..,.............- _......._ _.. __,... -..- _ ___..... ~ ~~ ~ (") ~ ~~...O ..I. ~ S~....~ ~ g~ g """'AS MOlD> ..... -- .....,.n KimIey-Hom ......" -. ~ 'llER , ~.U II1d ........- I CAW~___1ICIN~ ~~nc. ONA_~ CAW 59536 J>21~.:a:..NCI......~~=- CMOCED IT ""- (n2) __~ ,.. (772) 10-_ BAC SEAl WliIW.lCllUT-HClIIN.CCIIl CI. 000lI0HI GULF STREAM LUMBER POST DEVELOPED IMPERVIOUS AREA EXHIBIT BOYNTON BEACH FlORIDA NN.... N:;:: ~ c. ~ c.:..., mo 0 ;j~ )>)>)>)>~ ~~ n~ fa::: ~ ::~ at CO)..... Ct.) ~"O"8 ...~ ~ 8:", :"'0. W:,.:..., NOte NO rn rn rJ} ....".. 71717'~~ rn" I I ij~~~a h~~~ ;'~&l~~ i~:~ " REYISIONS OAlt BY _--. ........_...___._ .......-.-.............. _ fIf.......__....,.,.......- ___,.._ It_........ _ __-...-_.. _........ __ ......................,~ _-._ ....."_-,..~_ _--'''' IILO.'DA .AeT OOA8T .A'UOAD t~.~. .. ... .0 !2 trJ"O ? , ~ i ~j .~ I~ ij .~ ij .~ "'~ N~ ~~ >> 05 il.. , . 8~ 818 ...'" ~~ III III ."." . . Glcl ;~ ~~ ~~ if~ H ei II'" ~ GULF STREAM LUMBER 8z '" -P BOYNTON BEACH FLORIDA .....ASHOlUl..-- 11I"'"I_'" ~ PREDEVELOPED ..... "CAW ...--:.:...::..:.... -.J_U lIIId As8oclales, Inc. IMPERVIOUS AREA EXHIBIT ....... CAW ..... ~~,:,...::;::...._,,:~=- CMmC!IlI'l'BAC SEAl. ""-~'-eA~ RE'o1Sl<lNS DAlE IY . . r io . S<I Time and Date of Meeting \j ,/0 2~ ~ atten. ding meeting: rin- A... / ~~~~ ~<(9 . t~ ~(;( C:/v j .' ~/. f <Jz1?'V I Applicant's Name: PRE-APPLICATION CONTACT QUESTIONS .6'11 {ilLdf Phone: '17)- 7'1</- Ljlo' 1. HA VB YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT? Yes / No (IF YES, HA VB THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE- APPLICATION MEETING? STAFF MEMBERS NAME: l?-~ 2. J ~jif / LOCATION OF PROPERTY (CROSS STREETSIINTERSECTIONS) ~ / -11- it (z Ltl4/ {~"rr ,~' .{.,/ j I WHAT WOULD 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 COMMERCIAL PROPERTY? RESIDENTIAL PROPERTY? INDUSTRIAL PROPERTY? DO YOU KNOW THE ZONING CODE DESIGNATION? 3. 4. TIME AND DATE PREFERRED 5. HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING? Note: Tell the person that someone from the Department will call them to confirm the 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. Ifurgency is sensed, discuss with Mike. · Meetin2s may be scheduled: Monday afternoons Tuesday all day Wednesday all day Thursday mornings Note: Mike is not available on Mondays between 11:30 a.m. and 2:30 p.m. ~M{~/,,- S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p I.doc J~q4 t53~ J PRE-APPLICATION CONFERENCE REVIEW FORM Date Time Started Attending as Applicant Phone Time Finished Fax Proposed Project Information Proposed Project Name and Type/Use Site Location (Address if Available) Site PCN Existing Zoning Existing Land Use.Density Anticipated Submittal Date Proposed Zoning Proposed Land Use/Density / Vacant Notes and Comments Lot Area Lot Frontage Lot Depth Setback Height Parking Requirements or Improvements LandscapingIBuffering Non-conforming Use or Change in Use Other Zoning Changes Required Hazardous Material Notes/Comments/Recommendations NOTICE: The purpose of this conference shall be for 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. S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc . , -,t' PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT MEETING DATE: TIME: ATTENDING FOR APPLICANT: N OTI CE: 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 . d ulans sublDltte for review. City of Boynton Beach Attending for Applicant Attending Staff S:\plaDnlDg\plaDDiDg\Pre-App Form pp 1-3\Pre-applh:ation Form p3.doc t' o % 'f Time and Date ofMeetiri'8 '41 tJ 10 2 - r ~ T ose attendin&,. m~e~ing: . , \. <A/c:.;I'/ .; u.~ ~ . ~-t:,A..-- PRE-APPLICATION CONTACT QUESTIONS APPlicant'sName:n ~ d"t!~t-19'-fLj/g( 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? STAFF MEMBERS NAME: ;;,f ~1dJ<t-- 2. 3. WHATWOU 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~RCIALPROPERTY? RESIDENTIAL PROPERTY? INDUSTRIAL PROPERTY? DO YOU KNOW THE ZONING CODE DESIGNATION? 4. TIME AND DATE PREFERRED 5. HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING? Note: Tell the person that someone from the Department will call them to confirm the 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. Ifurgency is sensed, discuss with Mike. · Meetiol!s may be scheduled: Monday afternoons Tuesday all day Wednesday all day Thursday mornings Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.~ r-t \, , ..: f" ( :...... . S:\Planning\Planning\Pre-App Form pp I-3\Pre-application Form p I.doc ~C# OJ? e-1/LI' 0t: ~ ^ t.3 -3-.J t ) P tvw ,tJ Lo\ +s elf bO',' \t1M 13el~ (ouS PRE-APPLICATION CONFERENCE REVIEW FORM Date 3 "10, 05. Attending as Appl~an Phone L.~ 0<" ';~1 . Fax Proposed Proj ect Information Proposed Project Name and TypelUse f;'1.1 r c..{-f (/ttv( LLi M 0 rJ2 Site Location (Address if Available) Site PCN Existing Zoning Mu - L Existing Land Use.Density Anticipated Submittal Date MX:; Proposed Zoning IV { c Proposed Land Use/Density / Vacant Notes and Comments Lot Area i VI S C{,C iCes Lot Frontage Lot Depth Setback Height S' e.0 S '(:> I ~ c; - Ro' r Parking Requirements or Improvements LandscapinglBuffering Non-conforming Use or Change in Use Other Zoning Changes Required Hazardous Material Notes/Comments/Recommendations ,I).e etc' (: C<<.1/l-o' '1 /Iv Pa1J ~ 1 ~ w~d I'llAX it, L", bu" 11 &. 17..< (3.0 w-f. .lw , QUMJ~\~(Ai\V\'~(ld).n,J '!'d ~VA~~k~(.\ ,~y \~\A~ _ \, LAJ:S;\'Y .Y~\ V{(XVor" T4: v I e.t.Vt'tP bU>{(A-& l vV"V?" '" },:J-'> L~ I" ..." j...t ct. <) /I n l..., to< \, ;".,. . NOTICE: The purpose of this conference shall be for 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. t~ S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc .40 ilA l CtL KE PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT MEETING DATE: 3. I () u C; TIME: ATTENDING FOR APPLICANT: N OTI CE: 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 lans submitted for review. City of Boynton Beach Attending for Applicant Attendin Staff >< t:j~ "tx L~~ -l:7L i, 8A GaWl.be J\llA V itt.e{ (~ r~ VtJIDN 4=f:::A. ~~~~ S:\P1anning\P1anning\Pre-App Form pp 1-3\Pre-application Form p3.doc 02/~2/05 18:43 FAX 772 562 96P~ KHA URG VERO ~001 11/08/2984 16:17 561742625~ PLAr+4ING PAt%: 02 ... . IJMI.OPIIBI'i'DEPARTMBfI' PINIIIRII,..1OIIIItfI .".. UIO e. IJG9ICln IlB'h IIlU8lIiliId P.o. lIaIc 310 ~ I!IId\ PIorktI3M25-M1O 111.; "1-741-Q6O !;\X: SGt-74Z-625!l WlWI.bo>,MlI HII!Ittt.cq 10 : JUt{j t:4'e:1 Ca~~1e~/ ITtJm: ~O\ 1)- 1-q'Lj_t.j10b ph. 1 November 5,2004 Mr. James Vitter Kimtey.Horn and .As8oci8tC8,.lnc. 601 21- Street, Suite 400 Vero Beach. Florida 32960 Re: GuIfsfream Lumber D<<if Mr. Vitter: The City ofBDynton nca.m staffhas reviewed the submittal package for the above-mcmicmed project. The following comm.en1s are being:lbrward.ed. ta you fbr your inoluUuu. in a rwn1vnitf:SlJ: 1. The plan set is defici.eot of a. Own<< authomatioll; b. Traffic study in c:onformance 'With the CoDl1ty's TPS Ontimm~ C, FlDor phms for all proposed b~JI8liI; aDd d Total elevatiOll drawinp and details sufficient to ccmduct review. e. Civil drawings depiotiDg all utilities. t. Photometries Plan. 2. No ablll1dmmcnt application bas been submitted, wbich. has heal noted as negessary OD. the proposed site plan; 3. Ko appliQation for Height Bxt;epuon has been submith!d fur a buihting wbieh W111 exceed the maximum. height allowed in the diBtdct; BDd 4 - De1:iciencial oftlu proposed desisn h~ on the l1Oi.que MX-L ~ district requiIem~ arc all follows: a. Pmposed buildiDgs Dot placed accordmg to the rc:quired bufic1..to line; b. ResideDtiaJ. building at arterial does Dot m~ "step_back" requirement; Co Drive-tbroughs requite eonditioDaJ use appawal; an application was not submitted; and d. Drug Stores aJ;e oot snowed in.siogle bulld~ ODly muItiple--teDant or use buildings. The 8bove-noted. defiaieneies arc significant and pnmat acc;eptrmCG of the appli.;ation as BV.bmi1kd. The umrlWative natuftl ofthtm l.llIplweots aD. incomplete applicatiDD, and an application. that when rcviBcd to ClaIDply ac:cordingIy. will not resemble tIm p.roposa:i plan as aubmiUcd. Please addn:ss the noted deficie.ncias, 8Ik1 mUowing a pre-applicatioo meetiDg 'With sta.f( ~t a c;omplete application and one that Is desiped eonsistent with all of the requ1rements of tho Mix04 Uso-Low ZDJrlDg di$trict. 11/08/04 rON 17:16 (TlfRX NO 6465] 021j2/05 18:43 FAX 772 562 9P-~ KHA lIRG VERO 141002 L~(U~(~U~q lb:17 5617426259 PLAtfUHe PAGE 03 .. . Page 2 taltmber. 5, 2004 Please do not hesimte to CODtICt tlda M&e fur 111)' assistsDce)'UU may need. Sine<<ely, Ed Bnoe Principal PIlllJDel' 11/08/04 MON 17:16 [TlIRI NO 84851 ~=~ James G. Vitter, P.E. jim. viffer@kimley.horn.com ~=~ Ben Camobell, EIT (se) ben.campbeJ/@Kimley.horn.com Kimley-Horn and Associates, Inc. Suite 400 601 215t Street Vera Beach. Florida 32960 TEL 772 794 4043 FAX 772 562 9689 Kimley-Horn and Associates, Inc. Suite 400 601 21st Street Vera Beach, Florida 32960 TEL 772 794 4106 FAX 772 562 9689 GEL 772 633 3074 ~ OPUS. www.opuscorp.com ~ :;, ~ Ted Hunton 1-.kClrlCY Da\is h,/,nkl,;! -\,~ 'l'r EPOCH"' PROPERTIES L\(i 1/,1 '( 1)(\ lLII )-)1I t '~lrldil);l .-\\V. . \\'11ItL'r l\lrl.-, ~~L ~210l) .h'I'(JH.l)l';; . 1.\\ .h'I'(;H.q.~-j; I-L - !-it ~I l l~\'I.\~~LI \-( (ll frl>lIj-; LYNN DEHLINGER Retail Real Estate Manager OPUS SOUTH CORPORATION 225 N.E. Mizner Boulevard, Suite 675 Boca Raton. FL 33432 561-544-3700 Main 561-544-3654 Direct 954-629-4878 Cellular 561-544-3701 Fax lynn. dehlin gerr<v,opussouth. com