APPLICATION
... .....-
PROJECT NAME: High".rddge New Urbap Communites ~
LOCATION: NW corner of High Ridge Rd & Miner Road
PCN: 00-43-45-08-00-00\1-5011 & 00-43-45-08-00-007-0010
I FILE NO.: LUAR 05-002 II TYPE OF APPLICATION: I
I AGENT/CONTACT PERSON: OWNER: Paramount Investment Group
Timothy Hernandez & Roger Decapito ADDRESS: 1401 Forsythe Rd
ADDRESS: 306 NE 6th Avenue West Palm Beach, FI 33405
Delray Beach, FL 33483 FAX:
FAX: 272-3951 PHONE:
-
PHONE: 279-8706 ext 201
Date of submittal/Projected meetin2 dates:
SUBMITTAL / RESUBMITT AL 10/1/04
1 ST REVIEW COMMENTS DUE:
PUBLIC NOTICE: ...\.. """ 11"Q.H.U , -.. .- l;z.jlJ I~~
. ... --r..
"l,e~"'I:.1.1 0/0.-4 -&..12/28[04
TRC MEETING:
LAND DEVELOPMENT SIGNS POSTED Affidavit, Signs, Photos to Clerk
(SITE PLANS): tzUMM.
PLANNING & DEVELOPMENT BOARD 12128/84
MEETING: ,... ,^"..: oJ ~ . I }lO( 0.)
~,
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: ~ Public Hearing
1]1'3 1 0 S
DCA transmittal
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\LUAR 05-002\2004 PROJECT TRACKING INFO. doc
APPLICATION ACCET ABLE DATE: RECEIVED BY STAFF MEMBER:
FEE PAID: RECEIPT NUMBER:
HAS APPLICANT ATTENDED A PRE-APPLICATION MEETING? DATE:
PLANNING & DEVELOPMENT BOARD
o~
CITY OF BOYNTON BEACH, FLORIDA
LAND USE AMENDMENT AND/OR REZONING APPLICATION
This application must be filled out completely and accurately and submitted, together with the
materials listed in Section II below, in two (2) copies to the Planning Division. Incomplete
I '
1. Project Name: High Ridge
2. Type of Application (check one)
X a. Land Use Amendment and Rezoning
b. Land Use Amendment Only
c. Rezoning only
3. Date this application is accepted (to be filled out by Planning Division)
4. Applicants Name (person or Business entity in whose name this application is made)
New Urban Communities and Roger Decapito (co-applicant)
Address: 398 NE 6th Avenue
Delray Beach, Florida
33483
(Zip Code)
Phone:
561-279-8706
FAX: 561-272-3951
5. Agent's Name (person, if any, representing applicant
Timothy L. Hernandez and Roger Decapito (co-applicant)
Address: 398 NE 6th Avenue
Delray Beach, FL
33483
(Zip Code)
Phone: 561-279-8706 ext 201
FAX: 561-272-3951
1
6. Property Owner's (or Trustee's) Name:
Paramount Investment Group
Address: 1401 Forsythe Road
West Palm Beach, FL 33405
(Zip Code)
Phone:
FAX:
7. Correspondence Address (if different than applicant or agent)*
*This is the only address to which all agendas, letters, and other materials will be
mailed
8. What is the applicant's interest in the subject parcel: (Owner, Buyer, Lessee, Builder,
Developer, Contract Purchaser, etc.)
Contract Purchaser
9. Street Address or Location of Subject Parcel: Northwest corner of High Ridge Road
And Miner Road
PCN (s) 00-43-45-08-00-000-5011 and 00-43-45-08-00-007-0010
10. Legal Description of Subject Parcel (please also provide on disk in "Word" format):
See attached
11. Area of Subject Parcel (to nearest hundredth (1/100) of an acre: +/-13.948
12. Current Land Use Category: Medium Density Residential
13: Proposed Land Use Category: High Density Residential
14. Current Zoning District: RS - Palm Beach County
15. Proposed Zoning District: PUD - Boynton Beach
16 Intended use of subject parcel: Residential. Town Homes and Single Family Homes
17.
Developer or builder:
New Urban Communities
2
18.
Architect:
Scott Disher & Associates
19. Landscape Architect: Cotleur-Hearing
20. Site Planner: Cotleur-Hearing
21. Civil Engineer: Miller,Legg & Associates
22.
Traffic Engineer:
Yvonne Ziel
23.
Surveyor:
Calvin, Giordano & Associates
II. MATERIALS TO BE SUBMITTED WITH APPLICATION
The following materials shall be submitted in two (2) copies, unless otherwise indicated:
(please check)
~a. This application form.
~b. A copy of the last recorded warranty deed.
~ c. The following documents and letters of consent:
_( 1) If the property is under joint or several ownership: a written consent to the application
by all owners of record,
L(2) If the applicant is a contract purchaser: a copy of the purchase contract and written
consent of the owner and seller, and
_(3) If the applicant is represented by an authorized agent: a copy of the agency
agreement, or written consent of the applicant, and
_(4) If the applicant is a lessee: a copy of the lease agreement, and the written consent of
the owner, and
L(5) If the applicant is a corporation or other business entity: the name of the officer or
person responsible for the application, and written proof that said person has the
delegated authority to represent the corporation or other business entity, or in lieu
thereof, written proof that he is in fact an officer of the corporation.
X d. A sealed boundary survey of the subject parcel by a surveyor registered in the State of Florida,
dated not more than six (6) months prior to the date of submission of the application, at a scale
prescribed by the Planning Division, and containing the following information:
~(1 ) An accurate legal description of the subject parcel.
.Xj2) A computation of the total acreage of the subject parcel to the nearest hundredth
(1/100) of an acre.
y.. (3) A tree survey, which conforms to the requirements of the City of Boynton Beach Tree
preservation Ordinance. (Also refer to Page 6, Sec. II h.( 12) of this application if
3
property is occupied by native vegetation.) This requirement may be waived by the
Planning Director where found to be unrelated to the land use or zoning issues
involved with the application.
le. A complete certified list of all property owners, mailing addresses, and legal descriptions for all
properties within at least four hundred (400) feet of the subject parcel as recorded in the latest
official tax rolls in the county courthouse shall be furnished by the applicant, including a tax map
showing placement of 400 feet boundary. Postage, and mailing labels or addressed envelopes
must also be provided. Said list shall be accompanied by an affidavit stating that to the best of
the applicant's knowledge said list is complete and accurate. Notification of surrounding
property owners will be done by the City of Boynton Beach.
X f. A copy of the Palm Beach County Property Appraiser's maps showing all of the properties
referred to in paragraph e. above, and their relation to the subject parcel.
_X_g. A statement by the applicant justifying the zoning requested, including reasons why the
property is unsuitable for development under the existing zoning and more suitable for
development under the proposed zoning. The statement should address the following criteria
which the Planning and Zoning Division utilizes in evaluating land use amendment and rezoning
applications:
1) Whether the proposed land use amendment/rezoning would be consistent with applicable
comprehensive plan policies. The division shall also recommend limitations or requirements
that would have to be imposed on subsequent development of the property in order to
comply with policies contained in the comprehensive plan.
2) Whether the proposed land use amendment/rezoning would be contrary to the established
land use pattern, or would create an isolated district unrelated to adjacent and nearby
districts or would constitute a grant of special privilege to an individual property owner as
contrasted with the protection of the public welfare.
3) Whether changed or changing conditions make the proposed land use
amendment/rezoning desirable.
4) Whether the proposed land use amendment/rezoning would be compatible with utility
systems, roadways and other public facilities.
5) Whether the proposed land use amendment/rezoning would be compatible with the current
and future use of adjacent and nearby properties or would affect the property values of
adjacent and nearby properties.
6) Whether the property is physically and economically developable under the existing land
use designation/zoning.
7) Whether the proposed land use amendment/rezoning is of a scale that is reasonably related
to the needs of the neighborhood and the city as a whole.
8) Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed.
lh. A comparison of the impacts that would be created by development under the proposed zoning,
with the impacts that would be created by development under the proposed zoning, with the
impacts that would be created by development under the existing zoning, which will include:
X (1) A comparison of the potential square footage of number and type of dwelling units
4
under the eX'isting zoning with that which would be allowed under the proposed zoning
or development.
X (2) A statement of the uses that would be allowed in the proposed zoning or development,
and any particular uses that would be excluded.
~(3) Proposed timing and phasing of the development.
_(4) For proposed zoning of property to commercial or industrial districts, where the area of
the subject parcel exceeds one (1) acre, projections for the number of employees.
_X_(5) A comparison of traffic which would be generated under the proposed zoning or
development, with the traffic that would be generated under the current zoning; also,
an analysis of traffic movements at the intersections of driveways that would serve the
property and surrounding roadways, and improvements that would be necessary to
accommodate such traffic movements. For projects that generate more than five
hundred (500) net trips per day, a traffic impact analysis must be submitted which
complies with the Municipal Implementation Ordinance of the Palm Beach County
Traffic Performance Standards Ordinance.
(a) For projects that generate two thousand (2,000) or more net trips per day, the
traffic impact analysis must be submitted to the City at least 30 days prior to the
deadline for land use amendment and/or rezoning, in order to allow for timely
processing of the application and review by the City's traffic consultant and Palm
Beach County. The applicant shall be billed for the cost of review by the City's
traffic consultant.
(b) For projects that generate between five hundred (500) and two thousand (2,000)
net trips per day, the traffic impact analysis must be submitted at the application
deadline for land use amendment and/or rezoning, in order to allow for timely
processing of the application and review by Palm Beach County. However, if it is
the desire of the applicant to utilize the City's traffic consultant for review of the
traffic impact analysis prior to review by Palm Beach County, then the procedure
and requirements outlined under item "a" above shall be followed.
NOTE: Failure to submit traffic impact analysis in the manner prescribed above may
delay approval of the application.
L(6) For parcels larger than one (1) acre, a comparison of the water demand for
development under the proposed zoning or development with water demand under the
existing zoning. Water demand shall be estimated using the standards adopted by the
Palm Beach County Health Department for estimating such demand, unless a
registered engineer justifies different standards. Commitment to the provision of
improvements to the water system shall also be included, where existing facilities
would be inadequate to serve development under the proposed zoning.
L(7) For parcels larger than one (1) acre, a comparison of sewage flows that would be
generated under the proposed zoning or development with that which would be
generated under the existing zoning. Sewage flows shall be estimated using the
standards adopted by the Palm Beach County Health Department for estimating such
flows, unless a registered engineer justifies different standards. Commitment to the
provision of improvements to the sewage collection system shall also be included,
where the existing facilities would be inadequate to serve development under the
proposed zoning.
5
_(8) For proposed residential developments larger than one (1) acre, a comparison of the
projected population under the proposed zoning or development with the projected
population under the existing zoning. Population projections according to age groups
for the proposed development shall be required where more than fifty (50) dwellings, or
50 sleeping rooms in the case of group housing, would be allowed under the proposed
zoning.
_(9) At the request of the Planning Division, Planning and Development Board, or City
Commission, the applicant shall also submit proposals for minimizing land use
conflicts with surrounding properties. The applicant shall provide a summary of the
nuisances and hazards associated with development under the proposed zoning, as
well as proposals for mitigation of such nuisances and hazards. Such summary shall
also include, where applicable, exclusion of particular uses, limitations on hours of
operation, proposed location of loading areas, dumpsters, and mechanical equipment,
location of driveways and service entrance, and specifications for site lighting.
Nuisances and hazards shall be abated or mitigated so as to conform to the
performance standards contained in the City's zoning regulations and the standards
contained in the City's noise control ordinance. Also, statements concerning the
height, orientation, and bulk of structures, setbacks from property lines, and measures
for screening and buffering the proposed development shall be provided. At the
request of the Planning and Development Board or City Commission, the applicant
shall also state the type of construction and architectural styles that will be employed
in the proposed development.
_(10) At the request of the Planning Division, Planning and Development Board, or City
Commission, the applicant shall also submit the following information:
_(a) Official soil conservation service classification by soil associations and all areas
subject to inundation and high ground water levels.
_(b) Existing and proposed grade elevations.
_(c) Existing or proposed water bodies.
_(d) Form of ownership and form of organization to maintain common spaces and
recreation facilities.
_(e) A written commitment to the proVISion of all necessary facilities for storm
drainage, water supply, sewage collection and treatment, solid waste disposal,
hazardous waste disposal, fire protection, easements or rights-of-way,
roadways, recreation and park areas, school sites, and other public
improvements or dedications as may be required.
_( 11) For rezonings to planned zoning districts, the specific requirements for submission of
applications for rezoning to such districts shall also be satisfied. Furthermore, all
materials required for a subdivision master plan shall also be submitted.
_(12) Where conformance with the county's Environmentally Sensitive Lands Ordinance is
required, an Application for Alteration of Environmentally Sensitive Lands
(Environmental Impact Study) must be submitted to the Palm Beach County
Department of Environmental Resources Management (copy to City) prior to or
concurrent with the submittal of the Land Use Amendment and/or Rezoning
Application to the City.
6
.7<-. 13) All applications for a land use amendment and rezoning for any residential
development submitted after June 27,2002 must submit a School Concurrency
Application and Service Provider Form. Applications are not deemed complete
until the City receives notification from the Palm Beach County School District.
III. APPLICATION FEES
Fees shall be paid at the time that the application is submitted, according to the fees which
have been adopted by ordinance or resolution. The Planning Division will inform the applicant
as to the fees which are required. All fees shall be paid by check, payable to the City of
Boynton Beach.
IV. Representative of the project must be present at all Technical Review Committee,
Planning and Development and City Commission meetings held to review this project.
7
SPACE EsELOW THIS LINE FOR OFFICE USE ONLY
Review and Processing Schedule:
Date Accepted by Planning Division
Date Transmitted to City Clerk
Date Notifications Mailed to Surrounding Property Owners
Dates of Advertisement in Newspaper (rezoning and/or land use amendment)
Dates of Advertisement in Newspaper (annexation)
Date of Transmission of Departmental Review Forms to Department Heads
Date of Review by Technical Review Committee
Date of Pre-Hearing Conference
Date of Public Hearing Before Planning & Development Board
Date of Public Hearing Before City Commission
Date of Transmission of Proposed Comprehensive Plan Amendment to Florida Department of
Community Affairs, pursuant to Florida Statutes, F.S. 163.3184 (1) (a)
Date of Transmission of Proposed Comprehensive Plan Amendment to Other Governmental
Agencies Requesting Notification, Pursuant to Florida Statutes, F.S. 163.3184 (1) (b)
Date of Receipt of Notice from Florida Department of Community Affairs Regarding
Comprehensive Plan Amendment, pursuant to Florida Statutes, F.S. 163.3184 (4)
Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (5) (b)
Date of Hearing Before City Commission on Revised Comprehensive Plan Amendment.
Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
Date of Transmission of Revised Comprehensive Plan Element to Florida Department of
Community Affairs, Pursuant to Florida Statutes, F.S. 163.3184 (6) (a)
Date of Receipt of Notice from Florida Department of Community Affairs Regarding Revised
Comprehensive Plan Amendment
10
Date of Hearing Before Florida Division of Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (7)
Date of First Reading of Ordinance to Annex
Date of First Reading of Ordinance to Rezone and Amend Future Land Use Map
Date of Second Reading of Ordinance to Annex
Date of Second Reading of Ordinance to Rezone and Amend Future Land Use Map
Date of Expiration of Zoning
Date of Expiration of Time Extension for Zoning
11
V. APPLICANT'S OWNERSHIP AFFIDA\lIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
----------------------/
BEFORE ME THIS DAY PERSONALLY APPEARED --;; ~ !-lerf\1J.J\ cR.e 2..-, WHO BEING
DULY SWORN, DEPOSES AND SAYS THAT:
1. He/she is the owner, or the owner's authorized agent, of the real property legally described in
Attachment A;
2. He/she understands the Future Land Use Map amendment and/or Rezoning application fee is
nonrefundable and in no way guarantees approval of the proposed amendment;
3. The statements within the Future Land Use Map amendment and/or Rezoning application are
true, complete and accurate;
4. He/she understands that all information within the Future Land Use Map amendment and/or
Rezoning application is subject to verification by City staff;
5. He/she understands that false statements may result in denial of the application; and
6. He/she understands that he/she may be required to provide additional information within a
prescribed time period and that failure to provide the information within the prescribed time
period may result in the denial of the application.
FURTHER AFFIANT SA YETH NOT.
The for going instrument was acknowledged before me this L day of ()c..:::/obe, , 20~, by
. ~ 1/Aov\d. -e 2.. (Name of Person Acknowledgi )"w is ers II
kn~r who has produced ;/'J ( pe of .t1entification) as
identifi ation and who did (did not) take an oath. I
bJ
(Signature of P
----lk. o-t--?}e! J vVb(/~cx.J
(Name of Acknowledger Typed, Printed or Stamped)
(Notary' Seal)
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~~\lr.y.r~t-~ HEATHER J. WORKMAN
i*tA\'1 MY COMMISSION # DD 182477
~.~~~: EXPIRES: February 3, 2007
~Rr.,~'\' Bonded Thru Notary Public Underwriters
Appli ignature
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pphcant's Name (Print)
3q'~ ~~ c;iU Av~~
Street Address
~L~~~~~CJ\ ~l3~~'{~3
City, State, Zip Code
Telephone &~\ ,'Z~ -O-=tok:
(Title or Rank)
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(Serial Number, if any)
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8
VI. AGENT CONSENT FORM
STATE OF FLORIDA
COUNTY OF PALM BEACH
--------------/ ~VGUAd V}
BEFORE ME THIS DAY PERSONALLY APPEARED ,..1to-H- LeLV;~
DULY SWORN, DEPOSES AND SAYS THAT:
, WHO BEING
1. He/6I=t& is the owner of the real property legally described in Attachment A;
2. He/9Ae'duly authorizes and designates to act in his/her behalf
for the purposes of seeking a change to the Future Land Use Map designation and/or Zoning
classification of the real property legally described in Attachment A;
3. He/she has examined the foregoing Future Land Use Map amendment and/or Rezoning
application and he/she understands how the proposed change may affect the real property
legally described in Attachment A.
FURTHER AFFIANT SA YETH NOT.
T foregqing ins~rument was acknowledged before me this :1ft.IJay of J.,k/A. k ,20~, by
.11 0 -tr LevJt (Name of Person Acknowledging) who is personally
known to me or who has produced type of identification) as
ide ification and. W~O.~id (diEtfle. t>, t.ake an oath.
~Ac 1 lit t[ua eft)
(Signatur of Person Taking Acknowledgment) /"".-
'7Y!b.. ^' <<Ii.- 'Y.~"9T L( wI ~)
Owner's Name (Print)
(Name of Acknowledger Typed, Printed or Stamped)
~ "1oIt.. Wendy S 0IEdua'd0
!~""f: My CommiIIIon 001'"
(Title or Rank) \;01':1 ExpIrea May 08. zr:m
(Serial Number, if any)
/~/1,C) S ~ ~~e~,J{(rJ}~L-t105
treet Address
t1f1~ 11 urt. A 31{q1~
Ci ,State, Zip Code
(Notary' Seal)
Telephone ft)/) 7 I g - J CJ 12
9
'111111111111111111111
ThIs document was prepared by
and should be returned to:
c. J. WdrmBn m. :Esq.
REDGRA VE & TURNER LLP
110 EDt Palmetto Park Road, Saite 450
Boca Raton, florida 33431
84/l6/28l13 1.:16:5C! 211JR127J7
OR BK 1 se78 PG 1193
Pal. Beach County, Florida
MT 588,888.88
Doc StaMp 3,588.88
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',s.: 10\ \V ARRANTY DEED .
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THIS ~ DEED. made _ day of ..".,.."Y . 2003. between H. A.
I .F-WIS, wbosepost ~ddress is 10225 S. . Greenridg e, Palm City, Florida 34990, fint party,
and P ARAMOUNI'~TMENT GROUP, INC., a Florida corporation. whose post office address
is 1401 Forsythe Ro~est Palm Beach, Florida 33405, second party.
./~
WITNESSETH, "'Gkid first party, for and in consideration of the sum of TEN DOLLARS
($10.00) in hand paid by th~~d party, the receipt whereof is hereby acknowledged, does hereby
grant, b:a8a~ sel~. alien, con~~dijrmn, remis.e. release. and quit claim ~to the said second ~ forc:vcr.
all the nght, tItle, mterest, clalJn'~d which the sald fJT'St party has JD and to the followmg descnbed
land situate, lying and being in ~ B~ach COWlty, I'lorida, to wit:
C0.
PROPERTY MORE P~Y DESCRIBED IN EXHIBIT "A",
A IT ACHED HERETO ~ MADE A PART HEREOF.
The first party does hereby fully ~he title to said land and will defend the same against the
lawful claims of all persons whomsoever. (r"SJ'i
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This conveyance is subject to conditi~i~tions, reservations, limitations and easements of
record, and taxes for the year 2003 and SUbscque~' ;, 0
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Note: This deed has been prepared at the 9't~,Q{,~e first party without examination or legal
opinion of title. This property is not now. nor has it ~~:ihe homestead of the Grantor herein.
v>~~"
IN WITNESS WHEREOF, the first party has sigta~ ~ sealed these presents the day and year first
above written.. '7::::>>
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Signed. sealed and delivered
in the presence of:
sign
print
sign
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B[J(J( 1 Sfl78 PAGE 119\
STATE OF FLORIDA
COUNTY OF MARTIN
I HEREBY CERTIFY that on this day before me. personally appeared H. A. Lewis, j)eI'SOnally
known to me or who produced as identification and who did take an oath and
are to me known to be the persons described in and who executed the foregoing instnnnent and
acknowledg fore me that they executed the same.
my hand and official seal in the County and State aforesaid thistl day of
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NOTARY PUBLIC:
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8{IJ( 15878 PA6E 1195
Legal Description
Exhibit "A"
Parcell:
The South one-balf(S YI) of Governmcnt Lot 7, in Section 8, Township 45 South, Range 43 East.
being 12 ~ore or less, lying and being in Palm Beach County, Florida
~{"1 South 60.00 feet of Government Lot 7, Section 8. Township 45 South,
':-"/ ge 43 East, Palm Beach County, Florida, less the East 25.00 feet thereof,
,~/ ..iWOarticularly described as follows:
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\~~encing at the Southeast comer of Section 8, Township 45 South,
. ~ge 43 ~ Palm Beach County, Florida; thence South 880 30' 45" West,
alo~~'SOuth line of said Section 8. a distance of25.05 feet to a point on
a li~;~5.00 feet West ot: when measured at right angles. and parallel
with ~ line of said Section 8 and the point of beginning of the parcel
to be here~Cribed; thence continue South 880 30' 45" West. along the
South lin. (;. Section 8, a distance of361.27 fectto a point; thence North
20 53' 24" 7T"7-~stance of 60.18 feet to a point on a line lying 60.00 feet
North of. ~~'" ured at right angles. and parallel with the South line of
said Section 8; .., North 880 30' 45" East, along the said parallel line, a.
distance of360. feet to a point on a line lying 25.00 feet West of, when
measured at right ~ and parallel with the East line of said Section 8;
thence South 20 I 4~est, along the said parallel line, a distance of 60.13
fe~t to the point ~f~e~ of the herein described parcel.
SaId parcel contammg o,"rn~res, more or less.
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Less: A triangular parcel of l~).~ad right-of-way purposes lying in
Government Lot 7 of Section , . p 45 South. Range 43 East, County
of Palm Beach, State of Florid >,~,~\cuJarlY described as follows:
For the purpose oflhis description ~J~ine of said Section 8 is assumed
to bear North 890 16' 21" East and ~gs recited herein are relative
thereto. ~ '_
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Commencing at the Southeast corner of sa.~tion 8. thence South 890 16'
21" West, along the South line of said Sectio ~distance of25.05 feet to
the existing West right-of-way line ofHigb '~g(Road, being a line 25.00
feet West of (as measured at right angles to) a - r leI with the East line
of the Southeast on~uarter (SE 1/4) of said See __........ Wtence North or 59'
35" East along said West rigbt-of-wayline a dist~~~.13 feet to a point
at the intersection with a line 60.00 feet North of1~~d at right angles
to) and parallel with the South line of said Sec~~ the point of
BOOK 15878 PA8E 1196
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beginning; thence continue North 020 59' 35" East along said existing West
right-of-way line of High Ridge Road a distance of 17.41 feet; thence South
46007' 58" West departing from said West right-of-way line, a distance of
25.41 feet to said line 60.00 feet North of and parallel with the South line of
Section 8; thence North 890 16' 21" East along said parallel line a distance of
17.41 feet to the point of beginning.
~taining 151.3 square feet, more or less.
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Parcel 2: \(~..:?) 0
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commenCin~~Outheast comer ofSecLion 8, Township 45 South. Range 43 East, Palm Beach
County, Flori~ce South 880 30' 45" West, along the South line of said Section 8. a distance
of 386.32 feet to the ~di\vest comer of Government Lot 7 of said Section 8; thence North 20 53'
24" East along the 'W('me of said Government Lot 7, a distance of 60.18 feet to a point on a line
lying 60.00 feet No~hen measured at right angles; and parallel with me South line of said
Section 8 and the poii1tof~ng; thence South 880 30' 45" West, along the said parallel line. a
distance of 115.50 feet ~/ '. L; thence North 1034' 02" East, a distance of 1259.39 feet to the
Southwest comer of Lot ~)l(Jing to the plat of High Ridge Subdivision. as recorded in Plat
Book 22, Page 6, in and for. .:f~)lic records ofP.alm Beach County. Florida; thence North 880 38'
OS" East, along the South Ii ~e~ Let 36, a distance of 144.63 feet to the Northwest comer of
the South one-half (S%) of sai(<jfovermnent Lot 7; thence South r 53' 24. West, along the West
line of said Government Let 7, a ~ce of 1260.96 feet to the point of beginning of the herein
described parcel. (~~)
Said parcel containing 3.7549 acres, ~"i>t less.
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This document was prepared by
and should be returned to:
C. J. Wdrman m, Esq.
REDGRA VE & TURNER LLP
110 East Palmetto Park Road, Suite 450
Boca Raton, Florida 33431
'1111111111111111111'1
84/16/28l13 1~: 16::2 2MJI2127J7
OR HI< 15810 PG 1193
Pal. Beach County, Florida
Ai'll 588,888.08
Doc StaMp 3,580.88
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\(,. ''--'i\. WARRANTY DEED .
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TIllS ~ DEED, made _ day of . ~Y'_ ,2003, between H. A.
T .EWIS. whose post (ltll6e1lddress is 10225 S. . Greenridg e, Palm City, Florida 34990, first party,
and P ARAMOUN1'~TMENT GROUP, INC., a Florida corporation. whose post office address
is 1401 Forsythe Ro~<<-W"est Palm Beach, Florida 33405, second party.
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WITNESSETH, ~t~d first party, for and in consideration of the sum of TEN DOLLARS
($10.00) in hand paid by th~~nd party, the receipt whereof is hereby acknowledged, does hereby
grant, b~gaiI? sel~, alien, con~.(;~f~' remis.e. release. and quit claim ~to the said second ~ for~vcr,
all the nght, tItle, mterest, clalln'~~d whIch the saId flTSt party has 1D and to the followmg descnbed
land situate, lying and being in ~ Beach County, Horida, to wit:
~Q,
PROPERTY MORE P . Y DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO MADE APART HEREOF.
The first party does hereby fully ~he title to said land and will defend the same against the
lawful claims of all persons whomsoever. ((D'j
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This conveyance is subject to conditi~i~tions, reservations, limitations and easements of
record, and taxes for the year 2003 and subseque~ . ;, 0
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Note: This deed has been prepared at the -' 5.st~9~~e first party without examination or legal
opinion of title. This property is not now, nor has it ~:ihe homestead of the Grantor herein.
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IN WITNESS WHEREOF, the first party has si~(<i~ sealed these presents the day and year first
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Signed, sealed and delivered
in the presence of:
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BOIl( 15178 PA6E 11 ~
STATE OF FLORIDA
COUNTY OF MARTIN
I HEREBY CERTIFY that on this day before me, personally appeared H. A. Lewis, personally
known to me or who produced as identification and who did take an oath and
are to me known to be the persons described in and who executed the foregoing instrument and
aclmOWledg~ore me that they executed the same.
~ my hand and official seal in the County and State aforesaid this~ 7 day of
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EXPIRES: May 111, am
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IDJ( 1:5871 PA6E 1195
Legal Description
Exhibit "A"
Parcell:
The South one-balf(S Y2) ofGovernmcnt Lot 7. in Section 8. Township 45 South. Range 43 East.
being 12 more or less. lying and being in Palm Beach County. Florida
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~s: South 60.00 feet of Govemment Lot 7. Section 8. Township 4S South,
~,/ ge 43 East, Palm Beach County. Florida, less the East 25.00 feet thereof,
,~//~articularlY described as follows:
'\:i~encing at the Southeast comer of Section 8, Township 45 South.
. Rsnge 43 ~ Palm Beach County. Florida; thence South 880 30' 45" West,
alo~~'SOuth line of said Section 8, a distance of25.05 feet to a point on
a li~~5.00 feet West of, when measured at right angles, and parallel
with ~ line of said Section 8 and the point of beginning of the parcel
to be here~cribed; thence continue South 880 30' 45" West. along the
South lin~~ Section 8. a distance of36l.27 feet to a point; thence North
20 53' 24" ~~stance of 60.18 feet to a point on a line lying 60.00 feet
North of, wnW.-~l~" ured at right angles, and parallel with the South line of
said Section 8; ., North 880 30' 45" East, along the said parallel line, a
distance of 360. feet to a point on a tine lying 25.00 feet West of, when
measured at right ~ and parallel with the East line of said Section 8;
thence South 20 l4~est. along the said parallel line. a distance of60.13
feet to the point ofbe~ of the herein described parcel.
Said parcel containing o.~rn'-$cres, more or less.
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Less: A triangular parcel of 1 ~:9'ad right-of-way purposes lying in
Government Lot 1 of Section . . p 45 South, Range 43 East, County
of Palm Beach, State of Florid .garticularly described as follows:
For the purpose of this description ~J~ine of said Section 8 is assumed
to bear North 890 16' 21" East andWgs recited herein are relative
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Commencing at the Southeast comer of ~'fBCCtion 8. thence South 890 16'
21" West, along the South line of said Sectio ~distance of25.05 feet to
the existing West right-of-way line ofHigb '~gC(Road, being a line 25.00
feet W cst of (as measured at right angles to) - ~- leI with the East line
of the Southeast one-quarter (SE l!4) of said See __~ khence North or 59'
35" East along said West right-of-way line a dist~ci~.13 feet to a point
at the intersection with a line 60.00 feet North oft~~d at right angles
to) and parallel with the South line of said Sec~~ the point of
BOOK 15878 PA8E 11 ~
DorDthy H. Wilk.n, Cl.rk
beginning; thence continue North 020 59' 35" East along said existing West
right-of-way line of High Ridge Road a distance of 17.41 feet; thence South
46007' 58" West departing from said West right-of-way line. a distance of
25.41 feet to said line 60.00 feet North of and parallel wi1h the South line of
Section 8; thence North 890 16' 21" East along said parallel line a distance of
17.41 feet to the point of be ginning.
rg 151.3 square feet, more or less.
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Parcel 2: \(:?) 0
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commencin~liffioutheast coma of See Lion 8, Township 45 South, Range 43 East, Palm Beach
County, Flori~ce South 880 30' 45" West. along the South line of said Section 8, a distance
of386.32 feet to th~S th\vest comer of Government Lot 7 of said Section 8; thence North 2053'
24" East along the . e of said Government Lot 7, a distance of 60. 18 feet to a point on a line
lying 60.00 feet No ',' hen measured at right angles; and parallel with me South line of said
Section 8 and the poiD of~ginning; thence South 880 30' 45" West, along the said parallel line, a
distance of 115.50 feet ~L '. t; thence North 1034' 02" East, a distance of 1259.39 feet to the
Southwest comer of Lot ~rding to the plat of High Ridge Subdivision. as recorded in Plat
Book 22, Page 6, in and for. .:?~~lic records of~alm Beach County, Florida; thence North 880 38'
08" East, along the South I e:e~ Lot 36, a distance of 144.63 feet to the Northwest corner of
the South one-half (SYa) of sai(~vernment Lot 7; thence South 20 53' 24" West, along the West
line of said Government Lot 7, a ~ce of 1260.96 feet to the point of beginning of the herein
described parcel. (~>
Said parcel containing 3.7549 acres, ~j)t less.
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School District of Palm Beach County
School Concurrency Application and Service
Provider Form
Return completed form to:
Planning Department
The School District of Palm Beach County
3320 Forest Hill Blvd. C-110
West Palm Beach, FL 33406-5813
(561)434-8800 or (561)963-3877
Fax: (561)434-8187 or (561) 434-8815
Attention: Concurrency Section
Fee Paid & Date
Local Gov't.
School District
Instructions: Submit one copy of the completed application and fees for the review, for each new
residential project requiring a determination of concurrency for schools. A determination will be provided
within fifteen (15) working days of receipt of a complete application. A determination is not transferable and is
valid for one year from date of issuance. Once the Development Order is issued, the concurrency determination
shall run with the Development Order.
Part I. To be completed by APPlica~ ~
Owner's Name: A~t\ nnntSf J::N\) ~~\nEJJT & (to\)
Agent's Name T~ ~ l::\:~ ~"'~ IJ ~"L -1J"~~r ~~ ~-~ ~" :n Ej
MalhngAddress: '3, ?. t\) ~ ~e-~\)t. . f) . ~ {: ~. iYS
Telephone Number: :; (;( - "Z..,:\A.. - "h::t<l (" Facsimile Num er: S"l- 2 ~2 - 3~ ~ I
\-\-l tr- t-\ eJ. t\ G-Y_
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00.\\ ~ .t>"'f..,.tn. :SOil AN!\ OD-'-l3.~'s.()~-(t)-('o=\ _oolD
l\)O(.TttWt:..s;r [~~f t!. Or: ~<r-tt t.('i).[ K't\ At0t) \ltl'JU Qt.
Project Name:
Municipality or Unincorporated PBC
Property Control Number (PCN):
Project Location:
Concurrency Service Area (CSA):
DEVELOPMENT REQUEST:
Total # of Units: \30
Types of Units:
l\-~
'3$
Single Family
Ap3rtA'lCflt3 (J ~tOI iM or IOGG)C'~/J !-to \.J ~ E (
High Rise Apartments
Age Restricted Adults Only
Provide Covenant
Phasing Plan:
If applicable, please attach a complete Phasing Plan showing the number and type of units to receive certificate of
occupancy yearly.
Proof of Ownership: Please attach copy of Warranty Deed and .Consent Form
p~ Local o/'vemment Review
~~. p -
Loca Government Representative
Print Name ~~ 4De;c1cJ
/
Date Filed h ,
Petition #: LttI-R- r!)c -CO"J.-;
Title~~ ,
Part III. To be completed by School District Staff
Date and Time Received:
Case Number:
I verify that the project complies with the adopted Level of Service (LOS) for Schools.
I verify that the project will comply with the adopted Level of Service (LOS) for Schools subject to
the attached conditions.
I cannot verify that the project will comply with the adopted Level of Service (LOS) for Schools
with the attached conditions.
19
Justification Statement
A statement by the applicant justifying the zoning requested, including reasons why the
property is unsuitable for development under the existing zoning and more suitable for
development under the proposed zoning. The statement should address the following
criteria which the Planning and Zoning Division utilizes in evaluating land use
amendment and rezoning applications:
1) Whether the proposed land use amendment/rezoning would be consistent
with applicable comprehensive plan policies. The division shall also
recommend limitations or requirements that would have to be imposed on
subsequent development of the property in order to comply with policies
contained in the comprehensive plan.
The proposed land use amendment/rezoning is consistent with the following
applicable comprehensive plan policies:
Objective 1. 13 Discourage urban sprawl by creating a compact urban area
within the City and the City's utility service areas. The proposed use is a
compact development in an infilllocation that can be served by City Sewer
and Water.
Policy 1. 13.3 The City shall continue to encourage infill development and
redevelopment by implementing actions of the Boynton Beach 20/20
Redevelopment Master Plan, and the policies contained in the Coastal
Management Element. The proposed use is an infill development.
Policy 1. 13.4 The City shall further discourage urban sprawl; A. Prevent the
presence or frequency of the primary indicators of urban sprawl through
continuous promotion of compact developments within the City's urban
service areas, while requiring the maximization of all public services for each
development in the most cost effective manner possible; and B. Demonstrate,
in all future development and redevelopment in the City, land use patterns that
are non-strip in nature and demonstrate the ability to attract and encourage a
functional mix of uses. The proposed development is an infill development
which will use existing sewer, water, roads and transit. It is a very cost
effective development from a public service standpoint.
Objective 1.19 The City shall evaluate and allow a range of land uses for
which the area, location, and intensity of these uses provide a full range of
housing choices, commercial uses to ultimately increase tax base,
employment opportunities, recreation and open space opportunities, and
public uses. High Ridge Road has developed into an eclectic but attractive mix
of land uses. The proposed use will continue this pattern.
Policy 1. 19. 1 The City shall continue efforts to encourage a full range of
housing choices, by allowing densities which can accommodate the
approximate number and type of dwellings for which the demand has been
projected in the Housing and Future Land Use Elements, including the
provision of adequate sites for housing very-low, low-, and moderate income
households and for mobile homes. Both townhomes and single family homes
are proposed.
Objective 1.22 In keeping with the "New Urbanism" principles established as
guidelines for development, the City shall incorporate the following policies in
its redevelopment and neighborhood planning activities in keeping with the
Visions 20/20 recommendations. The site will be developed in accordance
with the principles of New Urbanism.
Policy 1.22.1 The Community shall be defined by a series of walkable
neighborhoods. The neighborhoods shall have a clearly defined center and
edge. The distance between the two should be no more than a five-minute
walk. Streets shall be laid out as networks. Each street shall be functional and
safe for both the car and the pedestrian/bicyclist. Our plan will be pedestrian-
oriented.
Policy 1.22.3 Neighborhoods shall provide residences of different income
levels. Homes, shops, and workplaces shall be designed to be in walking
distance of each other where appropriate. Architecture and landscaping shall
reflect the character of the region. The townhomes and single family homes
will appeal to households of different income levels and lifestyles.
Objective 6. 1 Assist the private sector to provide new dwelling units of various
types, sizes, and costs by the year 2015, in order to meet the housing needs
of the existing and anticipated populations of the City. The proposed use will
help meet the housing needs of the City of Boynton Beach.
Policy 6. 1. 1 The City shall provide information, technical assistance, and
explore possible incentives with the private sector to maintain a housing
production capacity sufficient to meet the community needs. Possible
incentives could include assistance in land assembly, below-market rate
financing, allowances to build on nonconforming lots, and density increases.
We feel that the land use amendment and rezoning would be appropriate
incentives to assist us in producing much needed housing.
Policy 6. 1.2 The City shall encourage partnerships between the local
government, the private sector, and the nonprofit sector to improve the
efficiency and expand the capacity of the housing delivery system. The
proposed land use amendment and rezoning does just that.
2) Whether the proposed land use amendment/rezoning would be contrary to
the established land use pattern, or would create an isolated district unrelated
to adjacent and nearby districts or would constitute a grant of special privilege
to an individual property owner as contrasted with the protection of the public
welfare.
The land use amendment/rezoning request is very consistent to with the
current land use pattern along High Ridge Road, which contains a mixture of
single family homes and townhomes (Cedar Ridge and Canterbury) and
industrial. (Quantam Corporate Park and High Ridge Commerce Center /I
2
Verde Classics, Able Plumbing, Flying A Service, Palm Beach Coffee
Roasters, Roblicourt), Kilpatrick Turf Equipment, Boynton Pump and Irrigation
Supply, Majestic Greeting Cards, Del Swilley Inc, General Contractors, AGI
USA, Fun Food Depot, Canac Kitchens, Tru Green/Chernlawn and office
(Scott Blakeslee Disher and Associates Architecture, FBK Products, Inc., SGK
Distributing, Inc.,) uses. The opportunity to live in close proximity to
employment opportunities has proven extremely desirable throughout South
Florida. Also near the site is Lake Worth Christian School, which is within
walking distance. The High Ridge Country Club is located to the west of the
site. Our proposed use is compatible with that use.
3) Whether changed or changing conditions make the proposed land use
amendment/rezoning desirable.
Recent development along High Ridge has reinforced the mixed land use
pattern of the area. The Canterbury and Cedar Ridge Developments have
introduced a strong residential element in the corridor, and new high quality
office/warehouse/flex buildings have been constructed in and outside of
Quantam Park. This creates a unique opportunity for the City of Boynton
Beach to provide workplace and residential uses in close proximity to one
another, offering the potential to shorten trips and reduce traffic congestion. In
addition, proximity of the site to the Tri Rail Boynton Beach commuter station
makes the proposed use very logical. Palm Tran bus route 71 also serves
both the commuter station and the property. There is actually a bus stop on
the property. Higher densities make sense along transit lines and near transit
stations.
4) Whether the proposed land use amendment/rezoning would be compatible
with utility systems, roadways and other public facilities.
We have attached both a utility analysis and a traffic analysis which
demonstrate that the proposed use would be compatible with local utility
systems, roadways, and other public facilities.
5) Whether the proposed land use amendment/rezoning would be compatible
with the current and future use of adjacent and nearby properties or would
affect the property values of adjacent and nearby properties.
The property would be compatible with the neighboring residential uses, the
High Ridge Country Club, and the various office/flex uses along High Ridge
Road. We are proposing townhornes from the $300s and single family homes
from the $400s with upscale architecture and amenities. We are proposing
higher prices than other adjacent neighborhoods, so there should be only a
positive effect on property values of adjacent and nearby properties.
6) Whether the property is physically and economically developable under the
existing land use designation/zoning.
Property values have skyrocketed in this area. Although the property could
physically be developed under the existing land use designation/zoning, it
would be marginal from an economic standpoint.
3
...-
7) Whether the proposed land use amendment/rezoning is of a scale that is
reasonably related to the needs of the neighborhood and the city as a whole.
The proposed land use amendment/rezoning is for a parcel of just under 14
acres. This size and the proposed use is comparable in both size and scale to
other existing and potential uses within the area.
8) Whether there are adequate sites elsewhere in the city for the proposed use,
in districts where such use is already allowed.
Land is at a premium in Boynton Beach. We have been trying for several
years to find a parcel to develop and have been stymied or outbid. If there are
any other available sites, we are unaware of them.
A comparison of the impacts that would be created by development under the proposed
zoning, with the impacts that would be created by development under the proposed
zoning, with the impacts that would be created by development under the existing
zoning, which will include:
(1) A comparison of the potential square footage of number and type of
dwelling units under the existing zoning with that which would be
allowed under the proposed zoning or development.
Current Palm Beach County Zoning (RS) would allow for 69 units to be
built on the site. We are proposing a total of 130 units, with
approximately 45 single family homes and 85 townhomes. The
townhomes would average approximately 1900 alc square feet and the
single family homes would average approximately 2600 alc square feet.
(2) A statement of the uses that would be allowed in the proposed zoning
or development, and any particular uses that would be excluded.
The uses on the property would be restricted to townhomes and single
family detached homes.
(3) Proposed timing and phasing of the development.
The development would be a one phase project, with land development
expected to begin in 4th quarter 2005 and house construction
anticipated to be completed by 2nd quarter 2008.
4
NEW URBAN COMMUNITIES BOYNTON BEACH
CALCULATION OF WATER AND SEWER DEMAND
FOR EXISTING AND PROPOSED ZONING
WATER DEMAND:
Existing Zoning: RS Single Family Residential (Palm Beach County)
Maximum Density: 5.0 units/acre (Palm Beach County ULDC Article 3, Chapter D, Section 1.A.)
Project Area: 13.95 Acres
Maximum Units: 69
Demand Per Unit: 350 gal/day (FAC 64E-6.008)
Total Demand: 24,150 gallons per day
Proposed Units: 150
Demand Per Unit: 350 gal/day (FAC 64E-6.008)
Total Demand: 52,500 gallons per day
SEWER DEMAND:
Existing Zoning: RS Single Family Residential (Palm Beach County)
Maximum Density: 5.0 units/acre (Palm Beach County ULDC Article 3, Chapter D, Section 1.A.)
Project Area: 13.95 Acres
Maximum Units: 69
Demand Per Unit: 350 gal/day (FAC 64E-6.008)
Total Demand: 24,150 gallons per day
Proposed Units: 150
Demand Per Unit: 350 gal/day (FAC 64E-6.008)
Total Demand: 52,500 gallons per day
AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY
("Ae-reement") is made this 3LL day of ffu..{~5r ' 2004, by and between ARTURO SCROGGIE,
individually, and ROGER DE CAPITO, individually, whose address is 10 SE 1st Avenue, 2nd Floor,
Delray Beach, Florida 33444, and RICHARD YUSEM, individually, whose address is 389 Oregon
Lane, Boca Raton, Florida 33487 (the foregoing individuals shall be collectively and individually
hereinafter referred to as "Seller" or "Sellers", as applicable), and NEW URBAN COMMUNITIES
CORPORATION, a Florida corporation, whose address is 398 N.E. 6th Avenue, Delray Beach,
Florida 33483, and/or its successors or assigns (hereinafter referred to as "Buyer").
R E C I TAL S:
A. Seller is the contract vendee under that certain Vacant Land Contract dated
:rUl Y I"'J. , 2004, and all addendums and amendments thereto (collectively, the "Seller's
Contract") with PARAMOUNT INVESTMENT GROUP, INC., a Florida corporation ("Owner"), for
the sale and purchase of certain real property located in Palm Beach County, Florida, more fully
described on Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the
"Prolle rty").
B. Buyer desires to purchase the Property from Seller and Seller desires to sell the
Property to Buyer pursuant to the terms and conditions of this Agreement following Seller's
acquisition of the Property from Owner.
C. The foregoing recitals are true and correct and are incorporated herein by reference.
NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100 ($10.00)
DOLLARS and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged by Seller to be supportive of this Agreement in its entirety, it is hereby agreed
as follows:
ARTICLE I
SALE - PURCHASE
Section 1.1
Propertv.
Seller agrees to sell and Buyer agrees to purchase the Property, consisting of approximately
13.9 +/- acres of real property upon which Buyer intends to construct approximately 120 residential
dwellings as appearing on the site plan for the Property to be prepared by Buyer (the "Project"),
together with all rights, ways, privileges and easements appurtenant to the Property, including
Seller's right, title and interest in and to all strips, gores, streets, alleys and ways, public or private,
adjoining or crossing the Property, all of which are appurtenant to, and shall benefit, the Property.
Buyer shall have the absolute right in its sole discretion to alter its development plans at any time
without any approval required of Seller, so long as the Project is development in accordance with
applicable building and zoning ordinances and statutes.
Section 1.2
Collateral Ritrhts.
The sale of the Property shall include the sale, transfer and conveyance of all of Seller's
right, title and interest in and to all certificates, licenses, bonds, permits, authorizations, consents
and approvals which in any respect whatsoever relates to or arises out of the use, occupancy,
possession, development, construction and operation of the Property (hereinafter collectively called
the "Seller's Permits").
Section 1.3
Contracts and Ag-reements.
The sale of the Property shall include the sale, transfer and conveyance of all intangible
personal property, including, without limitation, all maintenance and service contracts, water and
sewer hook-ups (including, but not limited to, all over-sizing credits and reimbursements),
development agreements, approvals, consents and agreements, as well as all rents, issues, proceeds
and profits now or hereafter accruing from the Property, all of which are intended to encompass all
of Seller's contractual rights, benefits, or entitlement relating to the Property (hereinafter
collectively called the "Contracts").
Section 1.4
Time for Acceptance and Effective Date.
If this Agreement is not executed by both Buyer and Seller, and a fully executed original
Agreement delivered to Buyer by 5:00 P.M. E.S.T. on August 30, 2004, then this Agreement shall
thereafter be null and void. The "Effective Date" of this Agreement shall be the date on which the
last of the Seller and Buyer has executed this Agreement. The "Closinll Date" (as defined in
Section 7.1 of this Agreement), shall be the time at which all terms of this Agreement are considered
fully performed, as they pertain to the Property, subject to any of the terms which are intended to
survive the Closing hereof. The use of the terms "Closinlr" and "Closinlr Date" when used in this
Agreement can be used interchangeably, and each use of those terms shall be construed to address
the Closing and/or the Closing Date, as appropriate.
Section 1.5
Assignment of the Seller's Contract.
Buyer agrees to use reasonable good faith efforts to assist Seller, if desired by Seller, in
obtaining the Owner's consent to an assignment of the Seller's interest in the Seller's Contract to
Buyer prior to or at Closing. In the event that the Owner consents to such assignment, then Buyer
and Seller agree to work in good faith to agree upon an amendment to this Agreement as may be
reasonably necessary to provide for the effect of such assignment upon the terms of this Agreement.
ARTICLE II
PURCHASE PRICE AND TERMS OF PAYMENT
Section 2.1
Purchase Price.
The purchase price for the Property is FOUR MILLION SIX HUNDRED FIFTY
THOUSAND AND NO/100 ($4,650,000.00) DOLLARS (hereinafter called the "Purchase Price").
Section 2.2
Terms of Pavment.
The Purchase Price shall be payable in the following manner:
(A) Buyer shall initially deposit the sum of THIRTY THOUSAND AND NO/100
DOLLARS ($30,000.00) (hereinafter called the "Initial Deposit") with Attorneys' Title Insurance
Fund, Inc. (hereinafter called the "Escrow Ae:ent"), within three (3) business days of receiving an
original fully executed Agreement. The Initial Deposit shall be remitted to the Escrow Agent by
check, subject to clearance, or by "Letter of Credit" (defined in Section 2.3 hereof). All subsequent
deposits paid under this Agreement shall be in cash only and in the event the Initial Deposit is by
Letter of Credit, it shall be replaced with cash at the end of the Investigation Period. The Initial
Deposit shall be held by the Escrow Agent in an interest-bearing money-market or "repo" account
without penalty for early withdrawal, provided that Buyer completes and executes Internal Revenue
Service Form W-9 simultaneously with delivering said Deposit. The Escrow Agent 'shall abide by
and operate pursuant to the terms of this Sections 2.2 and 2.3 and Article IX of this Agreement,
subject only to mutually agreed upon modifications executed by the parties hereto in writing.
(B) Within three (3) business days after expiration of the "Investigation Period," as
defined in Section 4.1 hereof, Buyer shall tender to the Escrow Agent the sum of TWO HUNDRED
TWENTY THOUSAND AND NO/lOO DOLLARS ($220,000.00) (hereinafter referred to as the
"Second Deposit"), by check, subject to clearance, or by Letter of Credit. Escrow Agent shall hold
the Second Deposit in the same account (if Deposit is made by check or cash) and in like fashion as
the Initial Deposit.
(C) Provided that Seller delivers all deposits in accordance with the terms of the Seller's
Contract, then within three (3) business days after expiration of the Investigation Period (as
hereinafter defined), Buyer shall pay to Escrow Agent the sum of SIXTY THOUSAND AND NO/100
DOLLARS ($60,000.00), by check, subject to clearance, (which amount shall hereinafter be referred
to as the "Third Deposit"), to replace the deposits previously paid by Seller under the Seller's
Contract.
(D) All references in this Agreement to "Deposit" shall represent the aggregate of both
the Initial Deposit, Second Deposit and the Third Deposit, as well as all interest which is earned
thereon, unless specifically stated otherwise. All interest which is earned on the Deposit shall in all
instances be paid to Buyer, except if Buyer "defaults" in its obligations hereunder, pursuant to
Section 12.1 hereof, in which event all interest earned thereon shall be paid to Seller.
(E) At Closing, Buyer shall pay the balance of the Purchase Price (minus the amount of
the Deposit if not paid by Letter of Credit) to Seller for the Property, subject to prorations and
adjustments stated elsewhere in this Agreement, by wire transfer of immediately available federal
funds or cashier's check made available to Escrow Agent at or prior to the Closing.
Section 2.3
Letter of Credit.
Buyer shall have the option to deliver to Escrow Agent, in place of cash for the Deposit, an
unconditional and irrevocable letter(s) of credit (the "Letter of Credit"), to be issued by a federal or
state-chartered bank or lending institution, including, but not limited to, Bank of America, SunTrust
Bank, Amsouth Bank, City National Bank, Wachovia Bank, or such other author~zed issuer of
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commercial paper as may be reasonably acceptable to Seller, in a form substantially similar to that
attached as Exhibit "B" and made a part hereof. The Letter of Credit, or any renewals or
substitutions thereof, shall remain valid and in an amount equal to the Deposit from time to time.
Buyer shall have the unilateral option of securing and remitting to Escrow Agent a Letter of Credit:
rather than cash, or subsequently as a replacement for cash, pertaining to the Deposit required
hereunder at any time without the approval of Seller, whereupon the Letter of Credit then being
held by Escrow Agent shall be immediately returned to Buyer. Not later than ten (10) days prior to
the expiration of any Letter of Credit being held by the Escrow Agent as the Deposit under this
Agreement, Buyer shall furnish to the Escrow Agent a replacement Letter of Credit in the same form
and amount, whereupon the replaced Letter of Credit shall be returned to Buyer. In the event that
Escrow Agent does not receive such replacement Letter of Credit from Buyer at least ten (10) days
prior to the expiration of any Letter of Credit being held by Escrow Agent as the Deposit under this
Agreement, then Escrow Agent shall have the right to draw upon the Letter of Credit, whereupon
the funds received by Escrow Agent as a result of drawing upon the Letter of Credit shall be the
Deposit for all purposes under this Agreement and shall be held in escrow by Escrow Agent in
accordance with the terms of this Agreement.
AR TI CLE III
TITLE AND SURVEY
Section 3.1
Evidence of Title.
Simultaneously with execution of this Agreement, Seller, at its sole cost and expense, shall
furnish to each of Buyer and Buyer's counsel, a copy of its existing commitment for issuance of a title
insurance policy for the Property, (the "Seller's Title Commitment"). The Seller's Title
Commitment, together with a computerized title update (the "Update") to be performed by Buyer or
Buyer's counsel shall show and evidence that title to the Property is in the name of Owner and that
Owner's title is marketable and insurable, subject only to the Permitted Exceptions (as hereinafter
defined). The Seller's Title Commitment and the Update shall be sufficient to permit Seller's title
underwriter, through its agent Carter & Thomas, to issue a title insurance commitment (the
"Commitment") in favor Buyer, in form and content reasonably acceptable to Buyer. It is
acknowledged and agreed that Carter & Thomas shall serve as Title Agent (the "Title Ae:ent")
under this Agreement and Attorneys' Title Insurance Fund, Inc. shall serve as Escrow Agent. At
Closing, Buyer shall receive a credit against the Purchase Price in an amount equal to ONE
THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($1,500.00) to offset Buyer's present or
future expense in attempting to obtain a release of the reservations listed as Items 2 and 3 on
Exhibit "C" attached hereto. At Closing, Title Agent shall be unconditionally committed to deliver
to Buyer an ALTA Owner's Policy of Title Insurance - 1970 (the "Title Policv") (or an updated duly
executed "marked up" Commitment) issued by Title Agent with all pre-printed standard exceptions
deleted, dated the date and time of the recording of the Deed (as hereinafter defined) and in the
amount of the Purchase Price which insures Buyer as owner of marketable fee simple title to the
Property, subject only to the Permitted Exceptions.
Section 3.2
Survev.
Buyer acknowledges that Seller has previously provided Buyer with a survey of the Property.
Within thirty (30) days after the Effective Date of this Agreement, Buyer, at Buyer's expense, may
have such survey updated or cause to be prepared a new survey and legal description of the
Property, certified without qualification to Buyer and any other parties designated by Buyer,
prepared and sealed by a Florida licensed surveyor or engineer (such updated surveyor original
survey to be obtained by Buyer shall be referred to in this Agreement as the "Survev"). The Survey
shall comply with Chapter 472, Florida Statutes, as well as the Minimum Technical Standards of
Chapter 61G17-6, Florida Administrative Code, as amended, for Land or Boundary Surveys, as
defined therein and shall certify compliance therewith.
Section 3.3
Obiections to Title or Survev.
If the Commitment and/or the Survey reflects that the status of title to the Property (a) is not
marketable and insurable, (b) contains exceptions to title other than the Permitted Exceptions, (c)
discloses any encroachments, overlaps, easements or rights-of-way, or any other title matter not
approved by Buyer, or (d) which adversely affects any portion of the Property such that Buyer cannot
construct its intended improvements, then Buyer shall notify Seller of any and all objections to same
in writing within ten (10) days after the date on which Buyer receives the Commitment or Survey,
whichever is later. Any such objection by Buyer shall be deemed a "Title Defect," whether shown in
the Surveyor disclosed in the Commitment. Buyer shall also have the right to object at any time to
any Title Defect occurring or becoming known to Buyer subsequent to the date of effectiveness of the
Commitment, whether by virtue of an update to the Commitment or as indicated on an updated
Surveyor otherwise. Seller shall have a period of time not to exceed sixty (60) days after receipt of
Buyer's "notice of title defect" to cure same to the reasonable satisfaction of Buyer. Seller agrees
that it will use due diligence and its best efforts to cure any Title Defect, including the bringing of
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necessary administrative proceedings or law suits. If Seller shall fail or refuse to comply with any
such requirement to cure a Title Defect, then, at the option of Buyer, Buyer may (i) terminate this
Agreement, but retain all of its remedies set forth in Section 12.2 of this Agreement, or (ii) proceed to
Closing without satisfaction of Buyer's objection(s), although Closing shall not extinguish Buyer's
remedies set forth in Section 12.2 of this Agreement. Each of the "Investigation Period" (as
hereinafter defined) and the Closing Date pursuant to this Agreement shall be extended for a period
of time commensurate with the amount of time required by Seller to cure a Title Defect pursuant
hereto.
Section 3.4
Existing- Mortg-ag-es.
If any mortgage presently encumbers the Property, Seller shall be required to satisfy or
release such mortgage(s) with respect to each portion of the Property prior to or at Closing, and any
cash due Seller at Closing may be paid to the holder of any mortgage in order to satisfy or release
such mortgage(s). Seller represents and warrants that no existing mortgage contains any provision
which would prohibit the satisfaction or release of such mortgage(s) at the Closing. Not less than
five (5) days prior to the Closing, Seller shall cause to be delivered to Buyer's counsel a written
estoppel letter and in the event of a non-institutional lender, an executed satisfaction of mortgage(s)
in escrow in recordable form from the holder of any such mortgage. The estoppel letter shall set
forth and confirm the amount (including any per-diem rate of interest, accrued interest, late
penalties and prepayment penalties) which will be required to be paid at the Closing in order to
satisfy or release such mortgage(s), and indicate place and method for payment.
Section 3.5
Permitted Exceptions.
The Property shall be conveyed to Buyer, subject only to certain exceptions to title
(hereinafter collectively called the "Permitted Exceptions"), which are comprised of those matters
set forth in Exhibit "C" attached hereto.
AR TI CLE IV
INVESTIGATION OF PROPERTY
Section 4.1
Rig-ht of Entry.
Commencing as of the Effective Date and continuing for a period of forty-five (45) days
thereafter (hereinafter called the "Investhcation Period"), Buyer, including all agents, contractors,
consultants, representatives and other persons designated by Buyer, shall have the absolute right,
without notice, to enter on any portion of the Property for the purpose of investigation, discovery and
testing of the Property, including, without limitation, surveying, soil testing and boring, hydrological
studies, environmental studies, or any other testing Buyer determines to be necessary or
appropriate, and to obtain all internal approvals for the transaction described herein. Seller agrees
to provide Buyer with its full cooperation in regard to Buyer's efforts to obtain all appropriate or
relevant information concerning the Property and Seller. Provided Buyer has not terminated this
Agreement or defaulted hereunder, this right of entry, as well as all rights provided to Buyer in this
Section 4.1, shall continue unabated through Closing. Seller hereby designates Buyer as its agent
for conducting inspections of the Property pursuant to Paragraph (C) of the Addendum to Seller's
Contract. Buyer shall use reasonable efforts to deliver 24 hours' oral or written notice to Seller prior
to entry onto the Property in order to allow Seller to obtain permission for entry onto the Property
from Owner in accordance with the Seller's Contract. Notwithstanding the foregoing, Seller
acknowledges and agrees that Buyer does not have control over the schedule of the parties who will
conduct the inspections on behalf of Buyer and that Buyer shall have no liability for changes in such
party's schedule.
Section 4.2
Prooertv Documents.
Buyer acknowledges and Seller represents that Seller has previously furnished Buyer with
all information concerning the Property which Seller currently possesses and Seller shall continue to
furnish to Buyer all information concerning the Property which Seller acquires possession of
subsequent to the Effective Date, including, but not limited to, copies of all correspondence from
Seller to Owner and from Owner to Seller under the Seller's Contract (including all prior and future
correspondence. to be provided to Buyer within one (1) business day following the giving or receipt
thereof by Seller). Seller shall assign all of its rights to Buyer in regard to the Property Documents
(as hereinafter defined) in accordance with the terms of this Agreement if requested by Buyer,
including, but not limited to plans, plats, existing surveys, zoning and land use information,
contracts, soil tests or reports, environmental tests or reports, engineering studies, soil boring tests,
environmental assessment reports, inspection reports, appraisals, feasibility studies, landscape
plans, site plans and all other governmental and quasi. governmental applications, approvals,
consents and authorizations relating in some fashion to the Property. All of the information which
has been furnished or which shall be furnished subsequent to the Effective Date under this Section
4.2 shall collectively hereinafter be referred to as the "Propertv Documents." Seller shall assist
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Buyer in obtaining any documentation related to the Property upon receipt of Buyer's written
request thereof. Seller hereby represents and warrants that all of the information contained in the
Property Documents is true and correct in all material respects and fairly and accurately reflects the
condition or statement of facts reported to be described or represented thereby. Seller shall assign to
Buyer all of its right, title and interest in and to the Property Documents and deliver all of the
original Property Documents, and Seller's Permits and Contracts, to Buyer not later than the
Closing Date (as hereinafter defined). If the Property is not conveyed by Seller to Buyer at the
election of Buyer or as a result of "Buyer's Default" (defined in Section 12.1 hereof), then Buyer shall
promptly return to Seller upon such election or upon Buyer's Default any of the original Property
Documents previously delivered by Seller to Buyer.
Section 4.3
Rilrht of Cancellation.
Buyer shall have the absolute and unqualified right to terminate and cancel this Agreement
at any time during the Investigation Period for any reason whatsoever, conditioned on Buyer
exercising such right by delivering written notice to Seller, pursuant to Article X of this Agreement,
reflecting Buyer's decision to cancel, which notice must be received by Seller not later than 5:00 p.m.
E.S.T. on the day the Investigation Period expires (if not a business day, then it shall extend to 5:00
p.m. E.S.T. on the next business day). Upon any such cancellation, the Deposit, together with all
interest earned thereon, shall be returned promptly to Buyer, and this Agreement will be terminated
and canceled in all respects and neither Buyer nor Seller will have any further rights or obligations
hereunder, except for Buyer's obligation to return the Property Documents pursuant to Section 4.2
above to Seller and those rights and obligations which are intended to survive termination to survive
termination of this Agreement.
ARTICLE V
REPRESENTATIONS AND WARRANTIES
Seller represents and warrants to Buyer, as true and correct to the best of Seller's knowledge
and information both on the date hereof and throughout the period of time until and through the
Closing that:
Section 5.1
Violations. Litigation and Adverse Information.
There has been received no notice or knowledge of: (i) violation of any law, statute,
ordinance, order, regulation, rule, restriction or requirement of any governmental or quasi-
governmental agency or tribunal pertaining to or affecting any portion of the Property; (ii) suit or
proceeding pending or threatened affecting Seller or any portion of the Property in any court or
before any governmental or quasi-governmental agency or tribunal which would in any manner
impair Seller's ability to perform its obligations under this Agreement or impair Buyer's ability to
own, develop, and sell or lease the Property in a timely fashion; or (iii) other fact or condition, which
would have an adverse effect upon the Property or its value which has not been disclosed in writing
to Buyer as of the date hereof.
Section 5.2
Ownership and Parties in Possession.
Owner owns marketable fee simple title to the Property and there are no parties in
possession of any portion of the Property whether as lessees, tenants-at-sufferance, trespassers or
otherwise except the horse stable tenants (the "Existinsr Tenants"), whose interest in the Property
Seller shall terminate prior to Closing. . No "person," as such term is defined in Section 1.01(3),
Florida Statutes, has any right, claim or interest in the Property or any portion thereof, arising out
of adverse possession, prescriptive rights, or otherwise. The Property is not now nor has it ever been
the principal residence or homestead of any of the Sellers, as defined under the laws of the State of
Florida. Seller and Buyer acknowledge and agree that the Closing is contingent upon Seller
acquiring fee simple title to the Property prior to or at Closing. In the event that Seller acquires fee
simple title to the Property prior to Closing, then Seller shall provide Buyer with a copy of the
recorded deed for the Property from Owner to Seller within one (1) business day of recording such
deed. If Seller does not acquire title to the Property pursuant to Seller's Contract, then the
provisions of Article XII of this Agreement shall apply.
Section 5.3
Prior Aoolication or Commitments.
There are no applications or commitments to any governmental or quasi-governmental
agency or utility which would affect the Property which has not been disclosed in writing to Buyer.
Section 5.4
No Liens.
No work has been performed or is in progress upon, and no materials have been furnished to,
the Property or any part thereof, which might give rise to any mechanics, materialmen's, or other
5
liens against the Property. There are no special assessments, pending or certified, which may now or
hereafter become an obligation of Buyer, monetary or otherwise.
Section 5.5
Environmental Condition.
Based upon the Phase I environmental assessment report prepared by GFA International
dated August 10, 2004, a copy of which has been previously provided by Seller to Buyer, to the best
of Seller's knowledge there is not any: (i) presence of any "Hazardous Substance" (hereinafter
defined) above, below, on, or within the Property; (ii) present or past generation, recycling, reuse,
sale, storage, handling, transport and/or disposal of any Hazardous Substance on the Property; or
(iii) failure by Seller or any former owner of the Property, to the best of Seller's knowledge, to comply
with any applicable local, state or federal environmental laws, regulations, ordinances or
administrative or judicial orders relating to the generation, recycling, reuse, sale, storage, handling,
transport andlor disposal of any Hazardous Substance. As used herein, the term Hazardous
Substance means any substance or material defined or designated as a hazardous or toxic waste,
material or substance, chemical contaminant, or other similar term, deemed to be such by any
federal, state or local environmental statute, regulation or ordinance presently or hereafter in effect,
as such statutes, regulations or ordinances may be amended from time to time.
Section 5.6
FIRPT A.
Seller is not a "foreign person," as defined by Section 1445 of the Internal Revenue Code, and
shall comply with all requirements imposed by the Internal Revenue Service in regard to same.
Section 5.7
Title to Property.
Neither Seller nor Owner will cause, permit or suffer any act to be performed or not
performed, the result of which will cause any lien, encumbrance or cloud upon Seller's title to the
Property such that Seller shall be unable to convey title to the Property to Buyer in accordance with
Section 7.3 hereof.
Section 5.8
Chane:es to Documents.
Neither Seller nor Owner shall terminate, modify, amend or waive any provision of any
lease, contract (including, without limitation, the Seller's Contract), permit, agreement, or any other
document previously provided, or to be provided, to Buyer in accordance with this Agreement, or any
benefit or entitlement described in this Agreement to be conveyed to Buyer, without the prior
written consent of Buyer, except for the Existing Tenants whose tenancies shall be terminated prior
to Closing by Seller.
Section 5.9
Bankruptcv.
Seller, as well as any of its subsidiaries or parent companies, shall not be involved, whether
voluntary or otherwise, in any bankruptcy, reorganization or insolvency proceeding, except as a
creditor of a bankrupt estate.
Section 5.10 Authoritv of Seller.
Each of the Sellers has the lawful right, power, authority and capacity to bind Seller to the
terms hereof and consummate the transactions contemplated by this Agreement, pursuant to the
terms, provisions and conditions of this Agreement.
Section 5.11 AlITeement Does Not Violate Outstandine: AlITeement or Law in Ree:ard to
Seller.
The execution and delivery of this Agreement and the Seller's Contract and the
consummation of the transaction contemplated hereby and under the Seller's Contract will not result
in any violation of or default under any agreement to which Seller is a party or by which Seller's
assets are bound, or any law, order, rule, regulation, judgment, writ or decree issued against or
imposed upon Seller.
Section 5.12 Seller's Contract.
Attached hereto and made a part hereof as Exhibit "D" is a true, correct and complete copy
of the Seller's Contract, together with all addenda and amendments thereto. The Seller's Contract is
in good standing and shall remain continuously so through the Closing Date and there has not
occurred any event of default thereunder nor has there been a failure of any event to occur which but
for the passage of time would be a default thereunder. All representations and warranties of Owner
in the Seller's Contract are true and correct as of the date hereof and Seller is not aware of any fact
or circumstance which but for the passage of time would make such representations and warranties
untrue or incorrect. Seller shall indemnify and save Buyer harmless from and against any and all
6
loss, liability, damage, penalties or judgments, any and all actions, suits, proceedings, claims,
demands, assessments, costs and expenses, including, without limitation, legal fees and expenses
through all appeals, incurred as a result of a breach of Seller's obligations under the Seller's
Contract. The foregoing obligation of Seller to indemnify Buyer shall survive termination of this
Agreement.
All representations and warranties by Seller in this Agreement shall be true and correct as of
the Effective Date hereof and shall be construed as continuing representations, warranties and
agreements which shall survive the Closing of the transaction described herein. Should Seller
breach any of the foregoing representations and warranties, Buyer shall, at its option, proceed with
any of those remedies available to Buyer under Section 12.2 hereof.
AR TI CLE VI
CONDITIONS PRIOR TO CLOSING
Section 6.1
Seller's Actions Prior to Closing-.
Commencing as of the Effective Date and continuing for the entire period in which Seller has
any legal or equitable interest in the Property, or any portion thereof:
(A) Seller shall cooperate fully with Buyer, including providing of access, during the
Investigation Period, and at all times thereafter prior to the Closing, pertaining to Buyer's
investigation of the Property, as well as the obtaining of necessary consents and approvals for the
development, construction and operation of the Project;
(B) In the event Buyer seeks application or request to any governmental authority
which requires the joinder or consent of Seller or Owner for the purpose of obtaining any permits,
approvals, consents, plats, variances, waivers, easements or rights-of-way, or declarations, Seller
agrees to join in, consent to, and execute all of such documents, including all applications and
requests, and pursuant to Paragraph 18 of the Seller's Contract, Seller shall obtain Owner's joinder
to, consent to, and execution of all of such documents, including all applications and requests;
(C) Subsequent to Seller's acquisition of the Property, Seller shall not cause, permit or
suffer any signs to be placed on any portion of the Property. Subsequent to Seller's acquisition of the
Property, Buyer is permitted to construct or place on any portion of the Property advertisement or
other signage, selected by Buyer, provided such advertisement or signage is in compliance with
applicable law, proper liability insurance reasonably acceptable to Seller is obtained by Buyer, and
Seller is indemnified for any demands, claims or losses as a result of such signage.
(0) Subsequent to Seller's acquisition of the Property, Seller shall permit Buyer to locate
construction and/or sales trailers or other facilities on the Property, provided the placement of the
trailers or other facilities comply with all applicable laws, proper liability insurance reasonably
acceptable to Seller is obtained by Buyer, and Seller is indemnified for any demands, claims or losses
as a result of such trailers or other facilities.
(E) Seller shall, simultaneously with its execution of this Agreement, deliver to Buyer a
letter of authorization for Buyer to act on behalf of Seller in obtaining any and all approvals,
permits, authorizations or other documentation in connection with the Governmental Approvals or
the development of the Property, which letter of authorization shall be substantially in the form
attached hereto as Exhibit "E".
AR TI CLE VII
CLOSING
Section 7.1
Closing- Date.
Subject to the terms and conditions of this Agreement, and unless otherwise extended by the
terms of this Agreement, the Closing shall occur on November 8, 2004 (the "Closiml Date").
Notwithstanding the foregoing, Buyer shall have the right, but not the obligation, to accelerate the
Closing Date, provided ten (10) days prior written notice is delivered to Seller
(A) Extension of Closing- Date. Buyer shall have the right to extend the Closing Date for
two (2) additional periods of thirty (30) days each (the "Extension(s)"). The right of Buyer to
exercise the Extension(s) is conditioned upon: (i) Buyer providing notice to Seller of Buyer's intention
to extend the Closing Date, which notice must be received by Seller at least five (5) days prior to the
Closing Date then being extended as may have been previously extended, and (ii) Buyer delivering to
Seller the sum of $10,000.00 for each Extension the Buyer exercises simultaneously with providing
such notice of extension to Seller ("Extension Denosit(s)"). Upon receipt of the foregoing, Seller
shall likewise extend the Closing Date under the Seller's Contract by remitting the Extension
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Deposit to Owner in accordance with the terms of the Seller's Contract. Each Extension Deposit
shall not be refundable to Buyer, except in the event of a default by Seller under this Agreement as
described in Section 12.2. Buyer shall have the right, but not the obligation, to accelerate the
Closing Date calculated hereby, provided ten (10) days prior written notice is provided to Seller.
Section 7.2
Place of Closing.
The Closing shall commence at 10:00 a.m. at Seller's counsel's office, unless Seller otherwise
notifies Buyer no later than three (3) days in advance of a different location in Miami-Dade, Broward
or Palm Beach County, Florida. Seller and Buyer agree to reasonably cooperate in scheduling the
Closing so as to enable the transaction under this Agreement to coincide with Seller's acquisition of
the Property in accordance with the terms of the Seller's Contract.
Section 7.3
Expenses of Closing and Prorations.
(A) Taxes. At the Closing contemplated hereunder all ad valorem real property taxes for
the Property will be prorated as of the Closing Date based upon the maximum discount for early
payment. If the tax bill for the current year has not yet been issued, tax prorations will be based
upon the prior year's tax bill, subject to reproration at the request of either party when the current
year's tax bill is issued.
(B) Recording Fees. Seller and Buyer shall equally split the cost will for state
documentary stamps to be attached to the "Deed" (as hereinafter defined), and Buyer shall pay for
the cost of recording the Deed.
(C) Title Policv and Survev. Seller will pay the cost of providing the Commitment and
the premium for the Title Policy. Buyer will pay the cost of the Survey, as set forth in Section 3.2
hereof.
(0) Convevance of Title. At Closing, Seller will convey fee simple title to the Property or
any of the portions thereof, to Buyer or its assignee by Statutory Warranty Deed (the "Deed"), which
is good, marketable and insurable, subject only to the Permitted Exceptions set forth in Section 3.5
hereof. At Buyer's election, separate Deeds shall be used by Seller in conveying common area
parcels if any to Buyer or its nominee, if reasonably determined by Buyer to be necessary in
connection with Buyer's development of the Property.
(E) Governmental Liens. Prior to Closing, Seller will satisfy and pay all outstanding
certified governmental and municipal improvement liens and special assessments and at the time of
Closing Buyer shall assume all pending governmental or municipal improvement liens.
(F) . Buver's Loan Costs and Fees. Buyer shall pay all costs and fees incurred in
connection with any loan obtained by Buyer in order to finance its acquisition of the Property,
including, but not limited to, all documentary stamp taxes, intangible personal property taxes on any
mortgage and note executed in connection therewith and all mortgagee title insurance premiums.
The provisions of this Section 7.3 shall survive the Closing of this transaction, or the earlier
termination of this Agreement.
Section 7.4
Documents for Closing.
Prior to or at the time of Closing, the parties will execute and provide any and all documents
necessary to effectuate the terms, conditions and intent of this Agreement. Seller shall execute and
deliver each of the following:
(A) The Deed, in recordable form, conveying good and marketable title to the Property,
subject to only the Permitted Exceptions;
(B) An Mfidavit executed by Seller, attesting to the absence of any liens, parties-in-
possession, or other claims, which is also sufficient to insure the "gap";
(C) An Assignment executed by Seller evidencing the transfer and assignment of all
Seller's benefits and entitlements hereunder, including Seller's Permits and Contracts, as each is
described in Article I hereof, as well as all other leases, contracts, licenses, agreements or other
documents, which are in effect as of the Closing Date;
(D) A Certificate of Seller to the effect that the representations and warranties of Seller
contained in this Agreement are true and correct on and as of the Closing Date;
(E) Original executed satisfaction or partial release of mortgage and the note secured
thereby, as applicable, pertaining to any and all mortgages now encumbering any portion of the
Property;
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(F) . FIRPTA Affidavit;
(G) A Closing Statement, signed by Buyer and Seller.
All of the documents executed by Seller which are to be delivered to Buyer at the Closing will
be duly authorized, legal, valid and binding obligations of Seller, which, at the time of Closing, will
be sufficient to convey title (if they purport to do so), and do not, and at the time of Closing will not,
violate any provisions of any agreement to which Seller is a party or to which it is subject. The
parties agree to execute any other document, following Closing, as reasonably necessary to effectuate
the intent of all terms and conditions set forth in this Agreement. The parties agree to furnish each
to the other all proposed closing documents at least three (3) days prior to the Closing Date.
ARTICLE VIII
REAL ESTATE BROKERS
Section 8.1
Brokerae:e-Professional Service Fee.
The parties each represent to the other that there are no real estate brokers, salespeople,
finders, or consultants, who are or were instrumental in the negotiation and/or consummation of this
transaction. Except for Calco Development Corporation, Inc., and The Knight Group, LLC, a Florida
limited liability company (the "Broker") which shall be paid a brokerage commission equal to three
(3%) of the gross selling price (the "Brokera2'e Fee"). The Brokerage Fee shall be earned by the
Broker and payable by Seller only upon the Closing being consummated and in no other event.
Seller shall be responsible for payment of the entire Brokerage Fee hereunder.
Section 8.2
Indemnitv.
Seller and Buyer agree to indemnify and hold the other harmless from and against any and
all costs or liabilities, including reasonable attorneys' fees, for brokerage or professional service fees
claimed by any broker employed or claiming to have been employed by one of the parties.
Notwithstanding the foregoing, in no event shall Buyer be obligated to indemnify Seller for any costs
or liabilities arising from professional and/or brokerage fees owed to the Broker. The
indemnification provided hereunder shall be applicable to any party claiming that it is owed a fee or
other form of compensation due to or arising out of this Agreement. This Section 8.2 shall survive
the Closing of this transaction, or the earlier termination of this Agreement.
AR TI CLE IX
ESCROW
Section 9.1
Escrow Ae:ent.
If there is any dispute as to whether the Escrow Agent is obligated to deliver the Deposit,
including any monies, or documents which it holds, or as to whom same are to be delivered, the
Escrow Agent will not be obligated to make any delivery, but in such event, may hold same until
receipt by the Escrow Agent of an authorization, in writing, signed by Seller and Buyer directing the
disposition of same, and in the event either party would be entitled to the Deposit, or other monies or
documents held by the Escrow Agent, the parties agree to forthwith execute such joint written
authorization upon the request of any party hereto. In the absence of such authorization, the Escrow
Agent may hold the Deposit, or other monies or documents in its possession until the final
determination of the rights of the parties in an appropriate proceeding. If such written authorization
is not given or proceedings for such determination are not begun and diligently continued, the
Escrow Agent may, but is not required to, bring an appropriate action or proceeding for leave to
deposit said funds or documents in court, pending such determination. The Escrow Agent shall not
be responsible for any acts or omissions of Escrow Agent, unless same are a result of the gross
negligence, willful misconduct or fraud of such party. Otherwise, provided Escrow Agent acts in
accordance with this Agreement, the Escrow Agent shall have no liability following the delivery of
any funds or documents which the Escrow Agent holds pursuant to this Agreement. If the Escrow
Agent elects to bring an appropriate action or proceeding in accordance with the terms of this Section
9.1, then the Escrow Agent shall be entitled to recover all of its reasonable attorney's fees and costs
incurred in connection with the action from the party not entitled to receive the Deposit or other
monies or documents as determined by a court of competent jurisdiction.
Section 9.2
Indemnitv.
The parties agree that they will hold the Escrow Agent harmless from and indemnify it
against any costs or liabilities, including reasonable attorneys' fees, resulting from any action
brought against Escrow Agent, unless due to Escrow Agent's willful misconduct, gross negligence, or
fraud. The provisions of this Section 9.2 shall survive the Closing of this transaction, or the earlier
termination of this Agreement.
9
ARTICLE X
NOTICE
Section 10.1 Notice and Addresses.
All notices required or desired to be given under this Agreement shall be in writing and
either (i) hand. delivered, (ii) sent by certified mail, return receipt requested, (iii) sent via Federal
Express or similar overnight service, or (iv) sent via telecopy, so long as notice is also provided
through either method (i), (ii) or (iii) as herein described. All notices shall be addressed to the party
being noticed, and shall be deemed to have been given (i) when delivered, if by hand delivery,
(ii) three (3) business days after deposit in a U.S. Post Office or official letter box, if sent by certified
mail, (iii) one (1) business day after timely deposited in a Federal Express or similar overnight
service depository, or (iv) upon confirmation of receipt by sender if sent via telecopy. All notices shall
be delivered or sent prepaid for the specified service by the party giving notice, and shall be
addressed as follows:
SELLER:
ARTURO SCROGGIE
ROGER DE CAPITO
10 SE 1st Avenue
2nd Floor
Delray Beach, Florida 33444
RICHARD YUSEM
389 Oregon Lane
Boca Raton, Florida 33487
Copy To:
DONALD J. THOMAS, ESQ.
1200 N. FEDERAL HIGHWAY, SUITE 312
BOCA RATON, FL 33432
Telecopy No.: (561) 368.0293
BUYER:
NEW URBAN COMMUNITIES CORPORATION
398 N.E. 6th Avenue
Delray Beach, Florida 33483
Telecopy No.: 561-272.3951
Attn: Timothy L. Hernandez
Copy To:
HOLLAND & KNIGHT LLP
One East Broward Boulevard
Fort Lauderdale, Florida 33301
Telecopy No.: 954.463.2030
Attn: Jonathan S. Marcus, Esq.
ESCROW AGENT:
ATTORNEYS' TITLE INSURANCE FUND, INC.
340 Columbia Drive, Suite 106
West Palm Beach, Florida 33409
Telecopy No.: (561) 640-9387
or to any other address hereafter designated by any of the parties, from time to time, in writing and
otherwise in the manner set forth herein for giving notice.
Section 10.2 Attornevs.
The respective attorneys for Seller and Buyer are hereby authorized to give any notice
pursuant to this Agreement on behalf of their respective clients.
AR TI CLE XI
CONDEMNATION AND MORATORIUM
Section 11.1 Condemnation.
If, prior to the Closing hereof, all or any material or significant portions (material or
significant portions shall mean that that which causes the loss of twelve or more residential
dwellings which Buyer anticipates building on the Property) of the Property is taken by eminent
domain or is the subject of a pending taking which has not been consummated (hereinafter
collectively referred to as a "Takinll"), Seller shall notify Buyer of such fact, and Buyer shall have
10
the option to either (i) terminate this Agreement upon notice to Seller given not later than fIfteen
(15) days after receipt of Seller's notice, or (ii) proceed with the Closing in accordance herewith.
Buyer shall have the right, but not the obligation, to contest and negotiate the amount of money
offered for such Taking, as well as any of the terms related thereto. If this Agreement is terminated
as aforesaid, the Deposit and all Extension Deposits paid by Buyer shall be returned to Buyer,
together with any interest earned thereon, and neither party shall have any further rights or
obligations to the other hereunder (except for any matters which specifically survive termination of
this Agreement). If Buyer has not elected to terminate this Agreement as aforesaid, or if the Taking
does not cause the loss of twelve or more residential dwellings which Buyer anticipates building on
the Property, Seller agrees to assign to Buyer at Closing all sums which are to be awarded for the
Taking. Buyer shall thereafter be entitled to receive and keep any awards for such Taking by
eminent domain.
ARTICLE XII
DEFAULTS
Section 12.1 Buver's Default.
In the event of any default by Buyer ("Buver's Default"), including the failure of Buyer to
close this transaction, the parties acknowledge it would be impossible to ascertain the amount of
damages suffered by Seller, and therefore the parties agree that in the event there is a Buyer's
Default, the portion of the Deposit previously paid by Buyer to Escrow Agent as of the date of such
Buyer's Default shall be paid to and accepted by Seller, together with the portion of the Deposit
previously paid to Seller, as full and liquidated damages and as Seller's sole and exclusive remedy
and each of the parties shall thereafter be released of any further liability or responsibility
hereunder, except for Buyer's obligation to return the Property Documents to Seller, in accordance
with Section 4.2 hereof.
Section 12.2 Seller's Default.
In the event of any default by Seller ("Seller's Default"), Buyer shall be entitled: (i) to
terminate this Agreement and receive a refund of the Deposit and all Extension Deposits paid under
this Agreement and to also seek monetary damages against Seller as a result of the Seller's Default,
or (ii) to seek specific performance of this Agreement. For all purposes under this Agreement, a
refund of the Deposit to Buyer shall include all portions of the Deposit previously paid by Buyer,
whether paid to Escrow Agent or Seller. A default by Seller under this Agreement shall be deemed
to have occurred if (a) any representation or warranty of Seller contained in Article V hereof is not
true or becomes untrue whether discovered prior to or after Closing; (b) performance of any item
under this Agreement and/or the Seller's Contract by Seller shall be unfulfilled within the time
specified for such performance; (c) Seller fails to Close this transaction for any reason whatsoever on
a date required under this Agreement; (d) a default by Seller under the Seller's Contract, including,
but not limited to, the Seller's failure to close the transaction described in Seller's Contract for any
reason whatsoever while the Owner is not in default under Seller's Contract; or (e) Seller terminates,
modifies, amends, revises or waives any provision of the Seller's Contract, without notifying Buyer of
the basis of such termination, modifIcation, amendment, revision or waiver and obtaining Buyer's
prior written consent to the exercise of such termination, modifIcation, amendment, revision or
waiver, which consent may be withheld in Buyer's sole discretion. Seller shall provide written notice
to Buyer of a default by Seller pursuant to the terms of the Seller's Contract within one (1) business
day of Seller becoming aware of such default. Seller shall simultaneously with said notice to Buyer,
provide copies to Buyer of all default notices given by Owner to Seller in the Seller's Contract and all
responses by Seller to Owner in regard to same pursuant to Section 4.2 hereinabove. In the event of
a Seller default in the Seller's Contract, Buyer, at Buyer's option, shall be entitled to pursue against
Seller the specific performance of the Seller's Contract, as well as pursue any rights and remedies
Buyer has under the terms of this Agreement. Additionally, in the event that Seller is entitled to a
return of the deposits and/or extension fees paid by Seller under the Seller's Contract, including, but
not limited to, the Extension Deposits, then all such deposits and extension fees shall be paid to
Buyer by Seller provided that Buyer has paid the same to Seller in accordance with the terms of this
Agreement.
Section 12.3 Default Bv Owner Under the Seller's Contract.
In the event of any default by Owner under the Seller's Contract ("Owner Default"), Seller
shall provide written notice of such Owner Default to Buyer within one (1) business day of Seller
becoming aware of such Owner Default and Seller shall simultaneously provide copies to Buyer of all
notices provided to Owner by Seller of the occurrence of an Owner Default. Seller shall pursue such
remedies against Owner as shall be directed by Buyer in writing to Seller at any time for so long as
such Owner Default shall be continuing. Additionally, for so long as such Owner Default continues,
Buyer shall have the right, at Buyer's option, in Buyer's sole and absolute discretion, to terminate
this Agreement and receive a refund of the Deposit, together with all interest earned thereon.
11
Section 12.4 Termination of Seller's Contract Other than bv Default
Seller and Buyer further acknowledge and agree that in the event the Seller's Contract is
terminated for any reason other than a default by Seller or Owner thereunder, then this Agreement
shall also terminate as of the date of termination of the Seller's Contract, whereupon Buyer shall
receive a refund of: (A) the Deposit, together with all interest earned thereon, and (B) all Extension
Deposits paid by Buyer, and Seller and Buyer shall be released from all further obligations and
liabilities hereunder.
ARTICLE XIII
MISCELLANEOUS PROVISIONS
Section 13.1 Choice of Law and Venue.
This Agreement shall be construed and interpreted under the laws of the State of Florida,
without giving effect to principles of conflict of laws, except where specifically pre-empted by Federal
law. Seller and Buyer agree that the proper venue with respect to any state or federal litigation in
connection with this Agreement shall be held in Palm Beach County.
Section 13.2 Amendments.
Any amendment to this Agreement shall not bind any of the parties hereto unless such
amendment is in writing and executed by Buyer and Seller. Any amendment to this Agreement
shall be binding upon Buyer and Seller as soon as it has been executed by both parties. Seller agrees
not to amend, modify or revise the terms of the Seller's Contract without the prior written consent of
Buyer, which may be withheld in the sole and absolute discretion of Buyer.
Section 13.3 Approvals and Permits.
Buyer has the express right to make any applications, or seek any approvals, as are required
for Buyer's anticipated ownership, development, construction, use, operation and management of the
Project, and shall not be required to seek any approval by Seller to effectuate any of the foregoing.
Seller shall however be a co-applicant on all such applications and at Closing Seller shall transfer
and assign any and all interest in such applications or approvals in accordance with Section 7.4(C) of
this Agreement.
Section 13.4 Confidentialitv..
Buyer and Seller agree to use reasonable efforts to keep the terms of this Agreement
confidential, except as may be reasonably necessary to divulge to such third parties as reasonably
determined by each of Buyer and Seller, as applicable, including, but not limited to, each parties'
respective attorneys (and all employees thereof), accountants, financial advisors, title insurance
underwriters, architects, contractors, surveyors, site planners, engineers and other consultants,
lenders and prospective lenders and all applicable governmental and quasi-governmental entities.
Section 13.5 Entire Agreement.
This Agreement, together with any exhibits attached hereto, constitutes the entire
agreement between the parties and no prior written documents, and no prior or contemporary oral
statements, representations, promises, or understandings not embodied in this Agreement shall be of
any force andlor effect.
In the event of any conflict between the terms of this Agreement and the terms of the Seller's
Contract in regard to the rights and obligations of Seller and Buyer thereunder, the terms of this
Agreement shall control and prevail.
Section 13.6 Survival.
All terms and provisions of this Agreement which are to specifically survive Closing, as well
as those terms and provisions which are to survive within the context of this Agreement, shall
survive Closing.
Section 13.7 Litie:ation.
In connection with any litigation arising out of this Agreement the prevailing party shall be
entitled to recover all costs incurred, including reasonable attorneys' fees, including, without
limitation, those incurred before trial, at trial, and during appellate, probate and bankruptcy
proceedings.
12
Section 13.8 Assig-nment.
All of the covenants, conditions and obligations herein contained shall be binding upon and
inure to the benefit of the respective heirs, personal representatives, successors and assigns of the
parties. Buyer shall have the right to assign its rights and/or obligations in this Agreement to any
party without the consent of Seller required. Seller is prohibited from selling, assigning, pledging or
otherwise conveying all or any portion of its interest hereunder or in the Seller's Contract, or any
portion of the Property, without the written approval of Buyer, which may be withheld in Buyer's
sole and absolute discretion.
Section 13.9 Heading-s.
Captions and section headings contained in this Agreement are for convenience and
reference only; in no way do they define, describe, extend or limit the scope or intent of this
Agreement or any provision hereof.
Section 13.10 Gender.
All terms and words used in this Agreement, regardless of the number and gender in which
used, shall be deemed to include any other gender or number as the context or the use thereof may
require.
Section 13.11 Possession.
Possession of the Property shall be delivered to Buyer at Closing.
Section 13.12 Time.
For the purposes hereof, the parties agree that time shall be of the essence with respect to
this Agreement, and that the representations and warranties expressly set forth herein are all
material and of the essence of this Agreement.
Section 13.13 Waiver.
No waiver of any provision of this Agreement shall be effective unless it is in writing signed
by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be
applicable only to the specific instance to which it is related and shall not be deemed to be a
continuing or future waiver as to such provision or a waiver as to any other provision.
Section 13.14 Severabilitv.
The invalidity or unenforceability of any particular provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed in all respects as if such
invalid or unenforceable provision was omitted.
Section 13.15 Time Periods.
The c~lculation of the number of days that has passed during any time period prescribed in
the Agreement based on calendar days shall commence on the day immediately following the action
or event giving rise to the commencement of the period and shall expire at 5:00 p.m. E.S.T. on the
last day of the time period. Furthermore, any time period provided for herein which shall end on a
Saturday, Sunday or Legal Holiday, shall extend to 5:00 p.m. E.S.T. of the next full business day.
Section 13.16 Counteroarts.
This Agreement may be executed in several counterparts, each of which shall be deemed to
be an original, but all of which shall constitute one and the same agreement. To facilitate execution
and delivery of this Agreement, the parties may execute and exchange counterparts of the signature
page by fax. The signature of any party may be appended to any other counterparts.
Section 13.17 Radon Gas.
In compliance with ~404.056, Florida Statutes, Buyer is hereby made aware of the following:
RADON GAS IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS
ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH
RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT
EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN
FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY
BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT.
13
IN WITNESS WHEREOF, each of the parties hereto have duly executed this Agreement as
of the date and year as indicated below.
WITNESSES:
SELLER:
/~______ By.
Dated:
9 ~ >" - 0 1
Dated:
~~~.
~
CHARD YUSEM, individually
Dated: <t l'"3 0 ) oL-{.
BUYER:
---
ion
~-----;::2-
~.
By:
Name:
Its:
Dated:
ESCROW AGENT
The undersigned acknowledges receipt of the Initial Deposit in the amount of TWENTY
THOUSAND AND NO/lOO DOLLARS (~) and agrees to act as Escrow Agent in accordance
with the terms of this Agreement. f~ d . '!t--
~ @ESCROW AGENT:
ATTORNEYS' TITLE INSURANCE FUND, INC.
By:
Name:
Its:
Dated:
REAL ESTATE BROKER
The undersigned acknowledges and agrees to act in accordance with the terms of this
Agreement, including Article VIII hereof.
BROKER:
THE KNIGHT GROUP, LLC, a Florida limited
liability company
BY:~
J~. Knight, as its M 61'1 f} cR f1J /lo K~
,
Dated: {?r 3t:J- t:J ~
: ,a.-~
C'AL. (0 08/ ~.aRp,Tr1 ~. 115 IT.)
14 (J R. 'C5 r. DEtVr- / (!J a.tJK ~
JAMG~ 1...1. ~Jr:6- tfr
Pln:el 1:
The South one-halfCS %) ofGovemmcnt Lol1, in Section 8. Township 4' South, Range 43 East.
bcilll12 acres more or less. lyini and beinl in Palm Beach County, floriWt.
Less: The South 60.00 feet o(Ciovemmenl Lot 7. Scction a. Township 4' South.
Ranse 43 ElISt. Palm Beach County. Florida. less the &1125.00 fed thereof.
more ptnicularl)' described U (ollows:
Commcac:inJ II the SoutheaSt comer of Section 8, Townahip ..5 South.
"anle 43 !.ast. Palm BCKh County, florid.; thence Soutb 88' 30' 4S. West.
lIema the SOIIth line cf said Section 8, a distinct of 25.05 (at to a point on
a line 1)'in125.00 teet Waf of; when measured at riabt &nlles. and parallel
with the East line or said Section 8 Illcl the point of bqianing or the pllCel
10 be berein described; thence continue South as' 30' .5" WC:It, &JODI the
South line of said Section S. a distIInCc of36 J .27 r,et to. point; tbmc:e North
2' 53' 24" East. . diltance of 60.' a feet 10 a point on I line JyinJ 60.00 feet
North of, whea measUmt at riabt angles. and paraUel wilb the Soulh tint of
said Scc:tion 8: thcucc North 8S' 30' 45" East, aIons the said paratlelliDe, a
diatance of 360.59 feef to a,poim on a tine l)'inl2S.00 feet West of, when
measured at riptlllaJct. and pmllcl with the East line or laI~ Section 8;
thence South 2. 14' 00. Wc:st, alona the said pu;allclline. a distance of60.13
feet. to tM point orheaiuS ofthe hcrcin described parcel.
Less: A trianptu partel of land for road. riaht-of-way putpOStS lying in
Government Lol7 ofScction 8. Township 45 South, Ran. 4) Eat. County
of Palm Beach. State of Florida. more particulQly described IS follows:
For the PUJ'!)Osc ollbis description the South line of said SKtion 8 is assumed
to bear Nonb 89016' 21- East and all heariDp recited hc:rcin are relative
thereto.
Commoncins al the Southeast comeT of said Section 8, thence South 891' 16'
21" West. alona the South line of said Section 8 I distince of 2'.05 Ccetto
the cxistina West risbt-of.way line of Hash lUdiC R.oad. beinS I line 25.00
feet Welt or (as mcuurcd at riabt anales to) and parallel with the East line
orthc Soulhcut one..quuter (SE 1/4) oCsaid Section a.thence North 02. $9'
3S" Eastalona said West ri&hl.of-WIY line a elistance of60.13 (cellO a point
at the intmcction with a line 60.00 reel North of CIS mcuured It risht lU\gles
10) and paralJcJ with the South line of $aid Section 8 and th~ point or
Page 1 of2
. ,
begiMing: thence continue North 02. 59' 35" Easl alonllaid ui$tinS West
riaht-of-WlY line or Hip Ridge Road a distance of 17.4-1 {eet; thcntc South
..60 0,. 5811 West departing from said West riaht-oC-way line. .l1isuU1cc of
25.41 (eet to said line 60.00 (eet North orand paraDel with the South linc:of
Section 8; thence Nonh 89016' 21" East .lonl said l'uaJJclline I dislance of
17,41 fHt to the point ofbeginnina.
Parcel 2:
CommeRCial at the Soutlu:ul comer orScclion 8, Township 45 South. ltanp 43 East, Palm BelCh
Counl1, Florida; rheaec South sr 30' 45" Well. alona the South line of aid Section 8, a dlD'DCe
of386J2 r. to !hI: Southwest comer oCQovemmCDt Lot 7 ohaid Sc:ction 8; thence North 2.53'
24" East alonathc West line ohaidOovcmmcl1t Lot 7.11 distan" of 60. 18 f'eet to . point on I line
j>iq 60.00 rote North or. when measureclal riaht IDales, and pamlet with Ihc South tint of slid
Section 8 aDd the point orbeaiMin~ thence South 880 30" 45. We.st, Ilona tho laid parallel line. I
diatance of 115.50 feet to a point: tbcnCc Nonh 1. 34' 02" Eat, a distance of'1259J9 feel to the
Southwest comcrotLol36, accordinl to the plat ofHish Ridsc Subdivision. IS recorded in Plat
Book 22, Paso 6, in and for the public records of Palm Bac.h County. FI~da; cbcnc:c North 8S. 38'
or Eut. aloDI the South line of said Lot 36. a distance of 144.~3 feel to the NoIthWOll comer of
the South one-half (SVr.) of said Government Lot 7; thence South 20 53' 24" Waf. alOft' the West
line orsaid CioYcmrnent Lot 7.11 distance or 1260.96 feet to .the point ofbeginninl ofthc herein
described parcel:
Page 2 of2
EXHIBIT "B"
FORM OF LETTER OF CREDIT
, 200_
LETTER OF CREDIT:
LETTER OF CREDIT AMOUNT:
EXPIRATION DATE:
IRREVOCABLE LETTER OF CREDIT #
$
,200_
NEW URBAN COMMUNITIES CORPORATION
398 N.E. 6th Avenue
Delray Beach, FL 33483
APPLI CANT:
BENEFICIARY:
ATTORNEYS' TITLE INSURANCE FUND, INC.
2701 Gateway Drive
Pompano Beach, Florida 33069
We hereby issue our Irrevocable Letter of Credit #.
INSURANCE FUND, INC. as Beneficiary.
in favor of ATTORNEYS' TITLE
We undertake to honor your draft or drafts at sight on us not exceeding U.S. $
accompanied by:
when
A sworn statement of ARTURO SCROGGIE, individually, ROGER DECAPITO, individually,
and RICHARD YUSEM, individually (collectively, "Seller") that a default under the Agreement for
the Purchase and Sale of Real Property dated , 2004, by and between NEW URBAN
COMMUNITIES CORPORATION, a Florida corporation ("Purchaser") and Seller (hereinafter
"Agreement") has occurred, that all applicable grace periods in respect thereof have expired and that
Seller is entitled to be paid the proceeds of the Letter of Credit under the terms of the Agreement, or
a sworn statement of a representative of Beneficiary that the Letter of Credit is due to expire within
ten (10) days and Purchaser has neither replaced the Letter of Credit nor caused the expiration date
of the Letter of Credit to be extended so as to continue to fulfill the deposit requirements of the
Agreement.
This Letter of Credit is valid until 200, and drafts drawn hereunder, when
accompanied by the statements referred to above, will be honored if presented to us at our office at
on or before that date.
All drafts must be marked "Drawn Under Letter of Credit #
_, 200
dated
This Letter of Credit is subject to the to the Uniform Customs and practice for Documentary Credits
(1993 Revision), International Chamber of Commerce Publication No. 500.
(BANK)
By:
, .
EXHIBIT "C"
PERMITTED EXCEPTIONS
1. Taxes for the year of Closing, which are not yet due and payable.
2. Reservations in favor of the State of Florida, as set forth in the deed from Trustees of the
Internal Improvement Fund of the State of Florida recorded in Deed Book 891, Page 172, as
affected by that Quit Claim Deed recorded in Official Records Book 89, Page 120, Public
Records of Palm Beach County, Florida (as to Parcel 2).
3. Reservations contained in Deed from Lake Worth Drainage District Recorded in Official
Records Book 901, Page 848, Public Records of Palm Beach County, Florida.
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.", "--"'" · fulllIIIIl. TIii....... .. ... lie ,_ _ P" unl Diiiiii tIl . ~ or _,
~.s ~1Itd tit .."." 0ftIf.... tJr 8 IIIIfIQ ..... IUIVfIlDf ill ..... .... ~ ICe:,). or fila
",........... .,. tit...,............ '- .......... hm... (:lib....: __
LCMlIWINANcIIQ: r~..pIIoe"') _ let '"'' ..,.c=-hftlrlle p,"'*".....no f'N1lCin. ClN.llnJIncy. ..--
per.. bJ 1u_1n U.S.llndl lIS ~
Ie .....&Ie)
fully
... .."., or martpOe .....,. . ...... .., Such
......, " 11CIlI~1..-pc of. -or or... ~ ~ II P-.e f fA.,.....
..,~. ......,~.. WlWIl....~..~~r.. ~1'aa
f:~"", Alii ..., ....-.IIIJ. All "llllll .......... (.....,~
08-10-'04 17:02 FROM-CAP~-q & THOMAS
" 81-88....04 14:31 FJiIlr~r~ & notAS
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--... --- ..-.....--
T-512 P03/12 U-578
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"wNeIt a ..- 0 ...... ....... IlIIOII a 1ft lie .......... ...... 1ft the baIwlce
due....... ... DO ~.llo ......... ~ .IOWW....,. "'-.., ....r. " .". ......
...........,. - trwrmer.... '" 01' lie 8HUJIlMIO.Jnntfer..lIIC'IeUs
· ..... ~ """... In p:a~ tile ...... tII."" lIlIhlah !hi. .-mtf\( wi' f8flllln.. ............
CLO"
.. OLGIIIG OATI; OCCUPANCY: Thia Can".1I _........... cfllld."., DOM..... ~ on<<......
~~--.IW-... , ..... ........ by a4h.t DrOWlUlM 0' .,. ~. If Oft t:ao.i"O
Dille I ~ II; 11I.....11. ..,., NY PIIlPOIIl cI-*" up to 5 _ alet .". "*nInee IUlpeMIo" I. II.......
" Q ~IIIG PROC:eaUq; COS'rI: CI6si/lv..... ... M !he ...,..., ..... .... PlVOlltw IIICICIIIN ... ....,!Ie --.ca.d 8y
tltaltJ...:e -- If'W. ...~ IIlc4I1U _II' fOr.......... """"......,. 1M a. -*r ~ dlle.lId ,.~dIt.sI 01
.....-...., ..... ...... 611u,.. .....,.IM 11II.............. tv ........ II,..,. ....10 ...... _ .... ......,...
1.. ....... to........ ~ in... Corlt/1lCt, ........ ...,...,,., the .......... bIIlM.
i.)..... c-........... ..... 1ft.. ..., . ~........ ~....... ....... to cur._ MItilied, OOflftrlllllcS
............ ..._III11nt;....... "_"raT'" WIM........ a); ~ ,
.11' ......CeeIII.....,.. f4f .... .lId ~ 11M Ol'l ,... _ ~.... .ncr ...... fees '" ... deed "'II
fouIneIfte ......... IIItIl ....,.,.. .... .... Iae.",.. lellr, It"'" lie ,...., .. 1M ~us iuw PIlle;
Ilal,IaRD.1I; IUIWe)' JIld __; ........: CWWi .
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· ,t)...............-.,....., 1,.)(1) ""'.1iUe i....nGI CO'......\_4 a. eIdInca. . ....,. C lurer will
1etMl.. .......1'lL C It.,.,. .."., ",N par fer fie ~ _POIle,. ..arch. .........., .... ...... ...... Eo1U.
..,wII..,b.......... ....
c 11)........ ~....-i0lftCe.. ....earln ~~. 0 ....,. 0 ...., wiI ,., "" Ihe ......,.. ""
P*r 1ft. -....:r .. ilia ............ WI! .-r ,.. !Dr'" ltMhea JIIOr to ....... inr.:UInt ..., ....,. .. .... C~
..... .. ...., ...,., ... ..... ......... dllilllt (II anr).1lllt '*"'llIIlIon ,..... ..........
..., ......liaM: 1M ~ -"" __1M __ CUNfIt 4111II PftINIId. or... fI_.... ClOIIft9 0.. tUI ... twlIeS. ......11,
...... .............. .............. ~ ....~.-" .1'llI.,....... If__ ...ad "MIMI." ..the ...,.,., ~ .nnot...
....JIIItw,......... rar't......... u_.... at.-...c !'or..__OM.
tel Tn ........... .... ......., MIl ~...,.. FareIgn'''''''''''' ill R..' Propc,tyT.. Ace, WhIGt1I1l1lV IWQUft lei.
Ie DfWiII *"... msh at .".., , ""er " . "ftlfti8,. ptNM" I' detNt ., ....PIlI w.
PROPIRTY CONBI..
&. LAND utE! Siller lIIlldtliftri'e ~ II) ~ . 1M .. ...... In .. ..,..... ". Is. eon....., __ eoMIIcM. '"ulItlg
........". .,...... ....., dMtIvt, "-ny, .lCIIPtId. StlIw.. ...... tilt ,.....ing " IJIlMMlIa in. 0lMl....
::::::on ee::... .. ftOC ...... WI Qt JItmlI.", ectMlJ ".l...... ......Y ....1Ie ~ CClftGIIIO"........, !he .....,. ~Dl'
.. ""'Zor1e: ~ is Mvitld '0 -~ by ...--,. ..... Ine IItldet .... wtUI .......... IOftImItnt ~ whlc:tt flood
-- the ~ .. In. wNtIIer Ilood ~ it ",,~.d IIld wtIIIl ~ '1/1I" lit ~ the ~ IIlCf
le&lMno In.. N!ftt __..
C') ............ ""...~...: lupr II ",iied "'- ~ if! ,oven ",""1 reowllrtlollll Ind I...... Df c.-loe whIaII aIIee!
5-:= I f..-...-...-...."'"---....-
IJurIf "Ie, . ( I -,..,.".,. '-.. " . .... .. .... PIlIo, ......" ic ... 2 0(' ,...,..
=.r.,J~ ... C:,;~...~"r:.h"1l~.~::-l;:-~= '_~.....
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Dt.I</IllU~ l..ANDSAF .,1
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DGSS LAW ~!RM-~AX 2
T-512 P04/12 U-578
PAGE e4/12
T-]~ra Pra4/12 U-648
PAGE 84/1:-
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....". -IlfDl1l"'... .....r lflc ........., ~ ~w.. .. ..,.,... ....... abaokM ~_l. ...
..,
o..tijj ,...,.~ ''''-f conflIar. Ptl_ , MWIfOn ....1IftMI MV ...... -.as. .1Wrs_.
.-.lIMl_........."" ("1l~....,..... .....Mor!,...lNfyla '.tJi.1U...... NlktlNlell.... ~c
~... ........ I/Id .......1IItftIIIl ,....wi _II' .. .......,. IItIIeIl ......: IaIJ Ind ,.....:
~ "'.... .. puIIlIo r'llIcls. ......"..... - uIIIIIIaI; ~ .., . .... Ifld .......... ~",.,,,
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..... hft..~ QOIMlNtM.... .11....... . ....".. .... $ ~ 10 lie In CDM's....m with
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FwfocIIar... NPlMofGlllduaiM 1It"~1. ... .... ..,.r,.......... O"'...A. ... -1IIlQ,......t the
r.......... ---_'If_Ill ....., o.n riM. WI~ ....lWlIft.... ....... hm baN, ctlllllQb,
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Man'" ., ...., ::;::ftl.., Md hili '" I/\' ....... IItIint (AlIIl .. IInIuc:t of "'. Ind ... ~ Of en..
-Ill '''''''*- ~ ........ ft. ." ..., .."., "'If CllluId ~ in a ~~ 11M ..../"G ..,.. ..,..iRlf ht
~""'s.IIU'e 1INr...-n II "is -.......... Close. ...,.,........,............. (I) repI, eI'
......... II. ~...... ............,........ ~ -lie ClIIndlIIIA..... .. ""0 c:ondueI till'll!
"....:.... .... CI:b ...... ... ... ......- _ ."".. 011I"""'" _ I ..... 81_ tnu.dIona.
.,.,... dIIM!lr...... "* 10 .. .... Of..........,.., ~ ~...,.,.. 4tt~ or
..........<< -- ~ ..".,. taIufe to ..,...,... ... _. ....,~ will ClMItIIute 1C:ICIpIiIr.c. of
tha................. .....,. ._In....".. ja"lIIInIIdal'l. ".......... wa~ -."'10.,., 8M MtIlen
... III...,... ........"..." UIis ClDn1rKl "",. c:re...I tMniftllotf _ Of u.., ........ "...,...., SIudv
... *JIoII\'o) .. r.e retIImlId .. &aOIew AI.,. .."..,.. .... ",lhoiIQuon tarn .. Interallea
· ....~ &Ir. ..".. II ......1Mt u.. """"~ _ aUitlllle fo, ~ ..~. IncItudiq beift. utldad
..... PIIIIIir... and ---... -_Ie "'... PIDDetfy or lie ~wII" ellPl'VWd _ 1M l.....b of. well
... --- .poMI.,.... anct "" --flnIlMlrII and aht ~ ,.,~ .. ~., eucft at
01' "'.lWfrlcllol.,~, ~ ...........,_ ~itor.men'-I CllnClJUvns. ....~~ 1.Dllbll.to eu,.r.
--.ftGI....nf an ......... -nv btlt.. "r~lIliofte.
tel)........ Ltnfs: " WI eon...,. " fOr ... ....It 01 ......, ,.... defined II" ~. LN e, '(11) Aff/ oontiQuOut
1arI, wtlIrJt ill: ~ 01 is ~ ..lie dhlIded .., &he DWI.. 0'........ no to << ..... .... ...... ...,... w.......:
., .) Iv" ..... ~e' oonuouou. or .. ~ Ie -....; 01 ....... II N ......ed ItIo 10 tJI .... -. __I unI1I. Dr
......-..... otIBd · · ".,. fII. G8rMlOI\ ~ .-n.... a".... can.lWl Cofthat,.,..., 11IIIOII1 ~ IU.,.,
tbt. ,.,.,. flI' ....... ..,. tom 1IIe... an WIldt II~ ...... Uti& ~. If"'"" Ie __ WIIIIM 1M ....~
JfDlIkftd. · ... cr ochw ~ ,.... " Iu)oer will - IlIfttndrlcr ....... p-..n, ot ......lian IIWItttiIt 20 ".,. Of.. ,.... or
"- noac.., CIr'lll_lWI. .., ,. dev.....
r. ... OF Late: '-NEN1' IDOIWN: If 11I1 pIIribn atllle Prop.Ilw is ""l/lfCItiy ...... bJ 0IMtIy D_::~':'~ Ill' .....,
-,Tf 1.1 ... · ........... ..u..c, II ......, 81. Dr' Nft /If ItIe ~ :,. lieu of ...... dornIiII ... or I an
-...... .... "....-.......... .....WillIIRt~ w.m -..r. EilIW ~ ~ __ .. CO....IloJ.... netiee ID
.. .. .... 10 lays hlw .....$ ... of~ noIIII:lI_, IIIMfllltli:ll ......1iII... in lICCIDfMtlCI 'lIItfl1llt CD/Iha
1M...... ~".. .., '''eawm''*'t ~., in....ee GDlftIlM1. if II\'.
'l'lTLE'
.. 1I'IU!:...,., .. ~ lNrtletall Illt to .,. Pra,e", br IIiItIAory MnwW.r d.... or 1l\IetIe, IIMONI ~ 1>>,
..... -.... ~. ..............
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..,...,............. ......1Iw tile PIarilfe BIt, 1&IIitlcI., ID ani -""'V *'" ....... .....,~ IIftMtllt
..... I~ &1M Of the PltInrIJ.. !IIIl.Ii&.rluu~y ~tt.'l .
ClOlIIIIle.... -....".. "".. ~I 01 ~; '"*" . ..... ZOIIIrv 8llil ~ ..,~: 011 ;I&~
IIlIIIJqI....... of ~ if... II ftO rioIlt tlI_lr): Qllfeflt lUlU; ......' Nt au,. __ ......; .,., ~ ...
....,.............. et (II ~ dOlitll1.......,. wfH. pifer ID elowinI. deWar to .... """5 CIlalae or 11II& fII lie ~
... or... .....1IGe. ""'iIlh ftl. cae .-..,..... ill II, COIInty....re... p~ It __ '''*"'' III p~ SIc,
.... .... we). .....,... uae upton (1) in PIIm ...., COUnt(."" .. (i) in 0.. c-..y.
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'08-10-'04 17:03 FROM-~r"~~.~_!IDMAS
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PAGE 85/12
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IlIrtlI.. .. ClOINef .... 1ft ....,. A-nl) ~ ~ .. ... eccuraIe .~ tJI'h. ~ et'eclIrIg ....10 Ifle ..~
......... .,... _1Ie...__ 01.. conv wIllN ... Ptootnv II .IM *WI """10 ~ DeIt. ~ if ~ 3"
a...cf 'lllOI.....1O ..,..., ItIell . ",., ownet'. ... .-or ~. to ... IhIl'M4 iflllftr GII ;II ,... ...
,..,." ~ ~ tor... of Ill....., ........ .... all""" in .lbmw 1CCt,..... D au,.,..
~ IIIMI tam ,.. -- .. .,., ..... to .."., 0'..,..... eIII"" 80Ml IDgeUw lIoCVI GeiJlitt 01 .11
-..."..., ,... illllfle .., IlOIIcr Ind in 1M ..... If. ,..., ....~ II ... a".;1IIlIe Ie ..... I'*' (1) .... wi' be- "- ....
....... TIlle MItt,. wII... ...... no ... _II tD .,. tlebe CIaIi"8 011I.
(bJ ........-...:.... wi' -- '" ... ....." dIGwer lllIIden 1lO", to ...,. ~'" IS _ fro", ~1Pt of_
...... blI no ...... ""It c:IoIItlt, fit .., ....... .. mIIU lie. ~.. .1_ MIll... ao .~ .. NCII/Jt lit
....... "Db or..... ("CIftfNt....., tit CU9!111.... ....... ...... IlSaltreurea ... __ ... ..
~ ~..-.e. ....WfI............ to .~...Ihe DlrIH" cIDee 1'I......ldon on C'-ino 0* ., WiINn 10
.,... .~....,. "'1eIIef. .... ilCtoe11ll DItt .."...,. If"'" is WWMt ,. cue 1M ....... ~Ml tI'le ~
....., .......... "'*" ....ID ."., ad...,.,..,..... 10.,.. fIM '-CelpC or .......1lOtIoe. eitNr Clllael ...
c....-. M -.r. _............ _ aw.1le~.
(., ......,. -urw mer, ,.,., tD c~ 0./. ... at ....... .-peMe, "-we the """rty ""~1Cf ""' Il'.",r 141I....... IlOtiaelD
AlIh. --Ill. .. hrn re.lDf fI UVfV DIIItO ...... VII" c:/DIhg. vt MY ~....'* ClIt tile ",...... .'IGlNP......_ by
lit PIO..ny, ,~ .11 Oller IInde ar....., ~n 01 ZGftInt "....",. M, Id ~"'1lI or ........ wIII_
IIWfId In ... .... ".,.,., II I tit ....,., ..,... __ ....... illig.... MIl .. d_PnIIned /It .CIIlIW.,. ......
.......h.) .... IIIftV DlltOfIlePrGt4Ift\t.. ~ 9t... ~ ClI~ flCI""or...... ........, gt~ -..,.r
-If!........ Dr ...... - ....1reCI ty fIW ....."" UIe I".... Iaeation Ort ,,. ell'Oplll1y. UIlIen ....,., WIll". ttliI '1Ilt~
In --.
MIMII.l..NtIoU.
"I!~W ~TI: TIllE: Tllc "E...... Dale- vr IhIIi Concrwcr II .... __ Iltl w"lCtI the .... .. ~ pertlaa Wtiet. 0' signs ..
"*' llIIr. n_.. of.. ....... ...... ...-.wbJ... ..... ~ All .... periOd' 0...... .. .... lIllIII IMt CDftl/:IIItIf 1ft
lMlNat ClIp ra ......... *f' ia IMfy ,.,...... .. -=IPI SaIa*,. ......, .. ,.,. /till 1loIdIt'lJ. ... lor time
,... ""'11I81' IG -. which "" lit ~ In"..ar..,.. "aIW ""'no WI an _ 8Murcfl,. $u~ or "NOn;I'.
...... ~ ,. lie ... ... .... ~St ...,. AN an,. "'lCllla ... " .. S:ao './11. I_lime (....."" in the 00IIIIty
........ ~ 51 '-"sO" /lie .".... lIIV.
,.. NOTICD: ~ "ca willie mllde Ie.". P81tb.nd 8ro1ltl b, ftlIiI. ,'1IOn,1 _hety or eleclftlnio medI~ au,.,.. fiR.". II>>
*'w. ill.., --n 1lCIIIae.. ....,. ............ ..... III r..... b'/.... c......" ....,..,. ...., ~ct.. will
...... thai ~neener "lIIf ..... ~ ..... "0 ContrIct.., .........., _ ".. .."IICJ ... IIIIC ..
11. OCIIPI.UE AGItIIMIiIm TN. ConIlIIOt is the .,,- .g....... ~ ..".,.", .....r. EIleept far It....~,..
........ ... ,..... ., JIIlIS4InC ....,,""-41... ./M ~ Seller.,............ w......... ,. VIis Oetthct.
....--.,. till We ClnIr8ct .. not be -_ IMII '" .ding. 1iaIled.. .e.,.. b' .. ~ fo lie NuncI. srg""",,.
"'*II. dOowtle.... ,.,.... In'" Cantllcl, ~ arid..... 1MlIIIeeII.,.. ~ o~ or on ,..., WIU
.. ~ 1Dr" ~ IncJlIIIng ~ .,., .... .. ~... "'"~ "'lWlllUltlll\ __ ........ In ... atIedIoe .
.. ~................1lIed Ie"".. " JIOlIiIioft """".C8nInIIit.. or ~ 1IWMlI1I' unerloroe..... tIIl8fMl'll.
~I'" CGf\tt"", t\) be Ur -..- - In"", P,llDIc ,...,.,
,.. AlalDNMIUn; "MONa ~ ~..., ""...... CGNric:t leln..... ~ The ..".
..,.., ~, .... ......... IM1 llIlfullr or,ua Thl& tanlfllCt is h ,.._, 8f~. tIIIlIlIIIDrs.I*SOrl.,
-~"""'" Me ..... pi !Mer. etlltr
DCrAI4. T MIl D....LIft "'oumON
t1. DerAW, T: l-a Seuw IWtluIt "for 11'I) ....lIr1 otharCllan .._ of"""" ".. U..,..II.. 1ftaoIcal1". .... dIttnc 1110I\
SeIer Ilk. ....... or....... b JIIrfonIt "* C~, Bu,.r ....~ ~ to flICtiwe . ""'rn tJI--.... ..... llIlIhoUl WIIiWw
...._Io...~or..._~Mfbn..'O..._........,.".SeI..' _. .. .. lIIIlle 10 .... tar ft. U
IIIlOUM lit... ~ lee. lit ... ~ "....,. .... 10 perIlIml ... C..... WIlIlin /he lme "aillllf. IlleW'IIIO ....
............~,.........,. dlOCIIe to ~ ~ _ICI.. CItpCIIIht Nid and.~ 18.......,..... dwlIag.. or
..110II... ~ 116"., ~ 11: 1M 'roller lIllII. upon ClenIand, "-M ~ 01.. lIepOIIIS ,. ~a .11... 10
.. ... (If be .. ~ among OCOpw8ing btDlctM) lip lit 1M full "_ml of tie DtOte,. h.
14. -PUJI M$CK.UTION: TIt. COMuI "'" .. 001\"'''''' lII\dIt Flott... ,.. All ~.. -ilrMI, .,.., Clr. !I'I"te.. lit
...1Ion -.;ng 014 f1I or IItIItIno to" ............I'l 01' IhiI Conna or III lIfNctI MIl e. HIIH..,.....:
Cia)....... Cllnan.. .........ertt......1I& lNd..net.,..... IN lMdr. ..,.......s.u.,wilI u- 3O.)IS lIwn the
II... CllfItJa; ....nda .,.. IN'" " _1IIpI1o ..... hi dlaflU" "'"""" ....~. If .... 1IiIs. lIODw Afent .1 MllIIIr
~~." ,.."... II., lien.. ...... 10 elOlllllw ~oM"a dloice ., M1ill8lkM.. II F'Io/tlfa COlIn Of '110 ~e ItNle_.
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Iht mdIt IhlOUglllftldiICIM. ,., ......". ,..,... ... r.aoIw 1M ....ltvwg" newel biMllng ....... in IIIe ClCIUn~
~ .... P.....w it 1OceIH. The iUIIIna ..., not ... Ute CeIltNd ttmta at .....,. ~ ...... '* IrOVfded ftlr '" ...
COIlIIlIcl. ,... ....'" .. - ....., OIl DIe lI....... .WIt olIN ftldefu eM "" CCMt 'niIlnaa of IIel Md u. ~....
~ 0I'l .aicII1 II -- If... __ ... " u. ~. It will be ill ........ '"'" ... f** Rult. of CIIM
PI'OCMIft .., ... .... WIll I'IIOMI 11II tlIaoiJY\lllo....,ed ....,. AIv1 diIplIee _ . rMl ... 1Icen... "-"'tel III
....."., 17'" ... ~ 10 ;rrbltnlllan on~ If... ....'. ......en15 '" MlIIn.1o NeofM . "11110 ...~.
ThIs dlIu:Ie wlIlUMve CIIMi...
Ie) ............. ....1Ul; I.....: 4ftfll1IIIIoftI1I . ..... ift wtllcl\ III"'" """'10 relOt.le a dI.. bv ,ualllMlfta It
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.,...... ........... .. 1ft .011..,." lie ... ollie ~ ArbtIIIfon AlMdefon rAM, or GIller .......,....
en "'fit,.,.. 11Ie ......111I1 eOUllrlfiwillf 1M _jlll.ft_ rlf\V. -Mitt*1I" Ill...,..... In Which 1Ie.........-e..
--- II ........ ... II .....,,....,. ~ .... .. mIIIr iliff .... cIeclllan it IaiIIIftsI an .. 11IIIII& AIbIrIIIon lid
..1ft Mr'. - ... tie ~.. of.. AM ., 011I., .....,., .... _ bV lie ...... e.tI '*'" tD Illy........ twill ~ Its
011III .... .... ..... ......... iMI... .......,.. .... ""'... ~ .. ... .......... .. ..... ........... tea rII
~ ~. MI,..,. II>> ~ IM....n...... !he..... ~. "'........ .... ~...... to ~ Will
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