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APPLICATION City Codes Accessed Via Website www.bovnton-beach.org www.amJega1.com/bovnton beach fI CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN Has applicant attended a pre-application meeting? Date This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans including a recent survey and appropriate fee shall be submitted with the application for the initial process of the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED. Please print legibly (in ink) or type all information. I. GENERAL INFORMATION 1. Project Name: k..nO \ ll~(, 0<,::) \> r>v \'J 2. Property Owner's (or Trustee's) Name: ~---s A T'\~f.4(Jt6 ~ LA.. <;,,{ Address: (Zip Code) Phone: Fax: 3. Applicant's name (person or business entity in whose name this application is made): i, DI2.. t-\OewAJ /11./ L i I ~R/.f-L / AIL Address: /1'7::{ G AJE:z<--JjJO~.I""" j)k!lll6 -SiD ~4~ ~ rz:.. 33~ (Zip Code) Phone: 7(~ - <p2f;- f9;,[;Z; Fax: ~-T~ -. 8~<;r.:;; If contract purchaser, please attach contract for sale and purchase. 4. Agent's Name (person, if any, representing applicant): f!.II//J MY/MJ t:J./?.. \]("I~j.;q:Jl)6erY17lJ fill!- -J:Vl),q~\) Mh4~' ANi) /fs<oc. /IlJC. Address: PO t30v ?iJ/D/~CI- ?rX/1- ~J4-j-eJAJ p/ 3.3~8I-oiW J _, _ (Zip Code) Phone: ,5W1-- c:!:l7/~ /6 T/ Fax: ~/-;=V-1J-313~ 5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:* Ll-C:;EA)/ *This is the one address to which all agendas; letters and other materials will be mailed. 6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) .- PfJJFLO pG.,e QJ (~/Jj)f? A-C]- /~lu?t1H./k;(~__ 7. Street address of location of site: R<.DtJrl f\Jr&; f)ltJ A.Jf;!;r-;.9tJ6- N LAzU tee.tJC.E ~, fbo/JftlU1 / /77/u..::- ..3)UIH- Or:- "tIl{ Po lU J<.O . Property Control #(PCN) 00 if. 2_ qr j .3 ~/c:) 006 /t.'LIO 'OQ:, 4-Z4-~/3 00 I .- oeo 1/30 8. 9. Legal description of site: CE:E A~ ~ 10. Intended use(s) of site: \5' 2 6iAJ6LE FAtnlL 1".1 rFJeLJ {E'r LI.t4v'E M.lm~ 11. Architect: _ --1Qy~ ~~..:::. 12. Landscape Architect: ('AJILC~ - \-t Ef'"~tk..X~ 13. Site Planner: (RJlA~ f-..R'y}~ '; rt-- ,Ari..,<;cQ - /AJC 14. Engineer: ~NA12- S ~ 'k, }I\.J~A-Xl 15. Surveyor: \)se. \ me-1~ ':::'0 (<...0 e{{ Q -~ 16. Traffic Engineer: P;i\YDf"Q - l~'U\rY\~ 17. Has a site plan been previously approved by the City Commission for this property? f\...)~) II. SITE PLAN The following information must be tilled out below and must appear, where applicable, on all copies of the site plan. 1. Land Use Category shown in the Comprehensive Plan: 2. Zoning District: A- 1<.. 3. Area of Site 3(., , IT Af_1 4. Land Use -- Acreage Breakdown~ >'l (' rt (_-:1 f acres I. 5"''"fS ,50S. :A sq. ft. a. Residential, including /7. 4-( surrounding lot area of grounds acres t 4-5l ;,}qC).1..o % of site b. Recreation Areas * (excluding water area) ,tLJ~ acres . (') l'l>g % of site c. Water Area 4-.0<t acres If \ ~~ I % of site d. Commercial .-e- acres Industrial .---e- acres Public/Institutional -e- acres PUbl!9, Private and Canal rights-of-way JC. '-/- acres -8 .f)- g' % of site % of site e. % of site f. . '2.~15?:> . O~c.: % of site g. h. % of site Other (specify)~)~~ :J. I~ acres i. Other (specify) site - % of acres j. Total area of site ~<o . (1- acres i l..~ <.) % of site *including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover Ground floor building f.J I A area ("building footprint") a. b. c. courts. site d. e. acres % of site Water area 4-.V\ . 1~'?0 \ % of site acres Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic 2. >4-C'J acres' 0 (p &-&4 % of f. Total impervious area 1J /4 acres ~ % of site Landscaped area p/fr acres -e- % of site inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code). bLJ~ Other landscaped areas, Z. 7Q. acres . 0 -=r~ % of site g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding acres acres 49- 43"" % of site % of site water areas AI J rr Total pervious areas . If/,II'T Total area of site 3(,. I r- h. acres 1()D % of site i. 6. Floor Area a. Residential }11ft sq. ft. b. Commercial/Office -2f' sq. ft. c. Industrial/Warehouse ff sq. ft. d. Recreational .e sq. ft. e. Public/Institutional .f1' sq. ft. f. Other (specify) .0" sq. ft. g. h. Other (specify) -tT sq. ft. ../"" sq. ft. Total floor area 7. Number of Residential Dwellino Units a. Single-family detached - 15~ sq. ft. b. Duplex -e- sq. ft. c. (1 ) (2) (3) (4) Multi-Family (3 + attached dwelling units) Efficiency .,,- 1 Bedroom /' 2 Bedroom /' 3+ Bedroom ./ dwelling units dwelling units dwelling units dwelling units d. Total multi-family --t7- dwelling units e. Total number of dwelling units I::) Q, 8. Gross Density :1-. 2-D dwelling units per acre 9. Maximum height of structures on site 30 feet eX stories 10. Required off-street Darkino a. Calculation of required # of off-street parking spaces. Off-street parking spaces provided on site plan / /' /' / = = = b. Calculation of required # of handicap parking spaces '/ / Number of handicap spaces provided on site plan = REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. Mar.23. 2005 10:03AM O. R. Horton Land Dept No. 1895 P. 3 III. CERTIFICATION (I) (We) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division (I) W'le} hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and bellef. This application will not be accepted unless signed according to the Instructions below. -\\" !' ~otJt{ Signatu 0 res) or Trustee, of Authorized 'pal if property Is owned by a corporation .or other business entity. 3-LL -o~ Date OR Signature of contract purchaser (if applIcant) IV; AurHoRIZA TION OF AGENT Date Q/,.,o ~ 3-II-Or- Signature of fWihbriZ~d Ag~nt Date I (I) (We) hereby deSianatet:bove-Signed person as (my) (our) authorized agent in regard to this . tian. r \ .; \ I . , \ 1\ i Q\ i . ~ .3 - 2 Z - OS;- ner(s) or Trustee.. Date _or Au 0 Principal if properly is owned _by a corporation or other business entity. OR Signature of contract purchaser (If applicant) Date A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PlANNING AND DEVELOPMENT soAAD OR COMMUNITY REDEVELOPMENT ~GENCY (CRA) AND CITY COMMISSION MEETINGS H.ELO TO REVIEW THIs PROJECT. March 9, 2005 City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE: Agent Authorization - Site Plan Knollwood II Property (PCN#00-4245-13-00-000-1 01 0) To whom it may concern, This letter is to authorize Julian Bryan & A$sociates to act as agent on all matters conducted (including representation at meetings and hearings) in relationship to processing for the oject known as Knolfwood If Properly (pCN#OO-42-45-13- 00-000-1 art 0) , t\ \ Si ~ '\ ,\ r ~ v\)J~j~ "ALP \ 0 I Elizabeth J'adczak '\v' Sign tv- Ai ,f\ \ Sworn to and subscribed before me this l1i.. day of !Vlt1r(f~, 2001, by Zygmunt & Elizabeth Jadczak , "OFFICIAL SEAL" "T.l1,' ~ . . who is personally known to me, or who has kd'~~=ntid~ /' ~'"-' =:J' Notary Publi~ C Nd I, 'e- &rlY)UcU z: Notary Name produced dA~ Notary Public, Slale of Illinois ~f1 Exp. 07/26/2007 or' . Commission No.: 1fro35'J.f My Commission Expires: 01 J~ /07 I . C:\DOCllments and Settinllslalbetz&I\Local Seltln\l8\Temporary Internel FileslOlK9UBA 8Ulh ltr-owner-Site plan doc Mar. 22. 2005 5:36PM D. R. Horton Land Dept No. 1885 p. 5 March 9, 2005 City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE: Agent Authorization - Site Plan KnoUwood II Property (PCN#OO-42-45-13-o0-000-1010) To whom it may concern, This letter is to authorize Julian Bryan & Associates to act as agent on all matters conducted (including representation at meetings and hearings) in relationship to processing for the project known as Knollwood II Property (PCNtloo-42-45-13- 00-000-1010) Sincerely, f Sworn to and subscribed before me this '2 l. day of V\n ((' ~\ ,2ocg: by. l' (" i . ~ r:,. \. ~ ( k l' r\.t~/\ f':( l\":,,L I, who is personally known to me, or who has produced as identification. , a\. Amy Hetzel !~ . My Commission 00216806 ~Of;..l Expires May 28. 2007 Notary Put?lic +-{r\ /(1 Notary Name . J C;~ ?A' -- ~/ i~~~)h / I Notary Seal My Commission Expires: /l. kt~' . 7 ~ I ? (' ( '7 nL~\"'" j " Commission No.: L ./ ,~ \vl:C,{o C:IDocumenlS.nd Selli1lll5lalhelwnlDcal Seltlnp\Temporary Internet F/lea\OLKlIUIIA IIUIIl nr._r-Sile plan (3).110<: 04/04/2005 13:09 55139138fV') JBA PAGE 02 III. CERTIFICATION (I) (We) understand that this application and all papers and plans submitted herewith become a part of the pennanent records of the Planning and Zoning Oivision (I) 0Ne) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. :I v ...- )/; .,.., /} /"/",;., /" ~... ."-."l/7A,/-'u'L/L_"1 ~'I4"cl// .LU'--<-- '4....-/ Signature of Owner(s) or Trus~e, of Authoriz:ed Principal if property is owned by a corporation or other business entity. i-j / ~-! S- Date OR Signature of contract purchaser (if applicant) Date IV. AUTHORIZATION OF AGENT ~~~ Signat e of Authoi)1ed Agent Date fj </~ s;- (I) (We) hereby designate the above"signed person as (my) (our) authorized agent in regard to this application. :;< ==J' ,1 /J "0 ~. " 'f-" 1 I r '. . " ,(: i..C.d:~.t.t{ VV l.-i..--,:,y'-.-'- Signature of OWner(s) or Trustee, _or Authorized Principal if property is owned _by a corporation or other business entity. LI/S/S Date OR Signature of contract purchaser (if applicant) Date A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEEf PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. April 4, 2005 City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE: Agent Authorization - Site Plan Knollwood Property (PCN#08-42-45-13-00-000-1130) To whom it may concern, This letter is to authorize Julian Bryan & Associates to act as agent on all matters conducted (including representation at meetings and hearings) in relationship to processing for the project known as Knollwood Property (PCN#08-42-45-13-00- 000-1130). Since5ely, ." ~<? , j /' 'I I "J,d. L.A>t<.. i. "'1 ,..1 " I v.:1.~l- L,..L". .Ie' J for Knof1wood Groves, Inc. Sworn to and subscribed before me this 'S- day of 4(7';( \3 ~\~\x1J?l bW!j-eJ ,2005, by , who is personally known to me, or who has ~ produced as identification. ,~ Amy Hetzel !'~ . My Commission 002168010 '\~--.I Expires May 28,2007 Il-MJ J-/</-ke/ Notary Public G- '~- Notary Na Notary Seal My Commission Expires: !11qy 2/?/ ZOO 7 Commission No.: C:IDocuments and SettingslalhetzellLocal SettingslTemporary Internet FileslOLK91JBA auth Itr-owner-Site plan (6).doc 03/09/2005 17:01 55139138V1~ JBA PAGE 08 ~IDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated. appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantiaL The undersigned hereby agrees that all plans, specif)cations, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict complianca with the form in which they are approved, and any change to the same ::;hall be deemed material and shall place the applicant in violatiOn of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton 8each all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability Or any action which may arise due to their enforcement of the same. rj;;:J~G~EEDTOlhIS(~:~ _ ~~_ itness Applicant 011 Ih. == Witness ,20JZ,.S- iJC1J.j ~,'I1S ~LA-N March 9, 2005 City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 RE: Agent Authorization - Site Plan Knollwood II Property (PCN#00-42-45-13-00-000-1 01 0) To whom it may concern, This letter is to authorize 0 R Horton, Inc. to act as applicant on all matters conducted (including representation at meetings and hearings) in relationship to processing for the project known as Knollwood II Property (PCN#00-42-45-13- 00-000-1010) ~~e~_ ___ for DR Horton, Inc. Sworn to and subscribed before me this 22. day of MAcek..--, 2005, by f> Ol\/I \ (2 C;.I~1 {~ ')DLu '.:;l ~ , who is personally known to me, or who has produced as identification. I~ a\. Amy Hetzel ;. ~ ; My Commission 00216806 ~OI,..' Expires May 28.2007 Q --;=??-' . -. L---"" Notary Public +\ (l\ · J W*/-t? ~ I Notary Name- Notary Seal Commission No.: D 1) z L.laB O~ My Commission Expires: m or (;/ 2 e I '20(, l J C:IDocuments and SettingslalhetzellLocal SettingslTemporary Internet FileslOLK9IJBA auth Itr-DR Horton - Site Plan (4).doc Knollwood PUD Owner's Listing 004245 1300000 1010 Zygmunt Jadczak 4220 N. Lamon Street Chicago, IL 60641 08424513000001130 Knollwood Groves, Inc. 8053 Lawrence Road Boynton Beach, FL 33436 LEGAL DESCRIPTION THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER IN SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH: THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, AND THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA LESS AND EXCEPT: THE NORTH 40.00 FEET THEREOF AND THE EAST 40.00 FEET OF SAID NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 36.17 ACRES, MORE OR LESS. 12/09/2004 13:55 17732523L.._.l. DAVID D GORR PAGE 04 This instrUment WllS prepared by J 8tId return to: Fortune Title Services, LLC 1489 W. Palmetto park Road Suite 497 Boca Ratol1, Florida 33486 sep"'18-200~1' 07:40al 01-402736 DRB 1 909 Pg 757 ton 2 000.00 Doc 1,575.00 I...'. ...........O.IU FOLIOIPARCEL NO.: 0042 4S 13000001010 WARRANTY DEED (STATUTORY FORM-SECfION 689.02, '.S.) THIS INDENTURE made this '/17 day of August, 2001, between, ROSA SCBLA YEN, a siogle women, whose post office address is: 1405 South Federal Highway, Apt. 109, IDelIay Beach. Florida, Grantor", AND, ZYGMtJ;N1' JADCZ~ and ELIZABETHJADCZAK, husbs... and wife, whose post office address is JL~lIlatl , (},,'UljO, 1-1. 'O~ . Grantee"': . WitJaesseth that said Grantor, for and in consideration of the sum of Ten and No/IOO Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to--wit: The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of:the Northeast 1/4 in Section 13, Township 45 South Range 42 East, of the Publ~ Records of PALM BEACH County, Florida. Together with easement for ingress and egress which the grantor reserved in that deed dated . April 3, 1978, recorded in Official Records Book 2837, at Page 1672, of the Public Records of Palm Beach County, Florida. Subject to conditions, restrictions and easement of record, provided this shall not serve to reimpose same. Subject to real estate taxes for 2001 and subsequent years. and said Grantor does hereby fully warrant title to said land, and will defend the !'lame against the lawful claims of all persons whomsoever. ."Grantor" and "Grantee'~ are used for singular and plural, as context requJires. (Signatures OD next Page) 12/09/2004 13:55 1773252;J..._l DAVID D GORR PAGE 05 ORB :I. e909 Pg 7sa DOROTHY H. WIlKEN, CLERK PB CtlUNTV, FL Wa.....nty Deed (co.-tlnued) Page 2 IN WITNESS WHEREOF I Grantors has hereunto set Grantor.s hand and seal the day. month and year frrst above written. Signed, Sealed and Delivered in th Presence of: ( I ~J ~-L4 ROSA SCBLAVEN . (seal) re Print Name: /NJ gcJ'II.j~ Y ~.~ intN~"" L ~Jj (wimess) (seal) ST A IE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledge before me this Z 7 day of Aqgust, 2001, by ROSA SCHLA VE t:' If slogle 'Women who is personally kn to me ho have produced fl, I ~ UII~ as identification. ';:"" Maml B Ndn . ~w. *My Cor/IInIIIlOltccatS140 ~.....:I' EJcpIIwaAprll25.2OOI ame: OrARY PUBLIC, Statel:>fFlorida Commission No.: My Commission Expires: D.R. HORTON, INC. CONSENT OF THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS May 12, 2003 The undersigned, being all of the members of the Executive Committee of the Board offiirectors ofD.R. Horton, Inc., a Delaware corporation (the "Company"), do hereby adopt the following resolutions: Authority of Division President WHEREAS, effective May 7, 1999, Paul Joseph Romanowski was elected to the office of Vice President of the Company and Division President (the "Division President") of the Company's South Florida Division (the "Division"), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. NOW, THEREFORE, BE IT RESOLVED, that the Division President is hereby authorized and empowered, in the Division and in the name and on behalf of( A) the Company, (B) any partnership of which the Company is a general partner, manager or agent, and (C) any limited liability company of which the Company is a member, manager or agent (collectively the "Entities"), (i) subject to written approval by anyone of the following officers of the Company: a) Chairman of the Board, b) Vice Chairman, President and Chief Executive Officer, c) Executive Vice President, Treasurer and Chief Financial Officer, or (d) the Region President of the Division (the "Approving Officers"), to execute and deliver contracts, agreements and other documents and instrwnents for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto, (ii) subj ect to written approval by anyone of the Approving Officers, to execute and deliver contracts, agreements, deeds, conveyances or other obligations of the Entities, closing statements and other documents and instruments for the sale of imp roved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled by the Entities and (iii) to execute and deliver office and model home leases and such other agreements, instrwnents or documents as the Approving Officers shall direct. RESOLVED FURTHER, that in cOlmection with the management of the Entities' business, the Division President is hereby authorized and empowered, in the name and on behalf of the Entities in the Division, to execute and deliver (i) contracts, agreements and other documents and instruments forthe subdivision, development and/or improvement of real property, (ii) home sales contracts, sales person employment agreements and similar or equivalent agreements, documents or instruments and (ill) personal property leases for, among other things, office equipment and construction trailers. RESOLVED FURTHER, that in connection with the management of the Entities' business in the Division, the Division President shall be authorized and empowered, in the name and on behalf of the Entities in the Division, to execute and deliver any and all documents and instruments necessary to sell and convey title to single-family homes. IN WITNESS WHEREOF, the undersigned have signed as of the date first above written. Donal . Tomnitz Wrt~ Samuel R. Fuller U:\JTEW AL l\MinIDHI\03MayI2.Cons. wpd 2 ("' .;.",,) ,r""', r," ,.I': ........_, ,. REINSTATEMENT TO CONTRACT OF SALE NON RESIDENTIAL This Reinstatement of Contract of Sale Non-Residential (the "Reinstatement") is made this of January, 2005 by and betvyeen ZYGMUNT JADCZAK and ELIZABETH JADCZAK ("Seller") and DRHI, Inc., a Delaware corporation ("Purchaser") and reinstates that certain Contract of Sale Non-Residential (the "Contract") executed by Seller and Purchaser. A. Seller and Purchaser have heretofore executed the Contract for the purchase of property located in Palm Beach County, Florida more particularly described in Exhibit "A" of the Contract. B. Paragraph 15 of the Contract provided that the Contract was to be executed by all parties and originals delivered to Seller and Purchaser within fifteen (15) days of the execution of the Contract by the first party who executed the Contract. C. The Seller executed the Contract on December 20, 2004. The Purchaser signed on January 4, 2005 and the Corporate Approval of. Purchaser's signature was obtained on January 18, 2005. D. The parties have agreed that despite the fact that the Contract was not executed and delivered in accordance with Paragraph 15 of the Contract, that the Contract is in full force and effect. Now, therefore, in consideration of good and valuable consideration exchanged by the parties hereto, the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser agree to re-instate the Contract, as follows: 1. The above stated Recitals are true and correct. 2. Seller and Purchaser agree that the Contract is in full force and effect and all parties waive any claim that the Contract was not executed and delivered in accordance with Paragraph 15 of the Contract. 3. This Reinstatement may be executed in counterparts each of which when taken together constitute one and the same document. Facsimile signatures shall be considered originals. [SIGNATURE TO FOLLOW ON NEXT PAGE] .~ '" r r"\ , I' 12005 10: 57 7732!L ...31 (31-03 09: 3!AM FROIr1- t, 4 '~I""", DAVID D GORR LA\.. : " 5$1 6~! mZ PAGE T-1er P,0Q51005 F-65G .. II ~ I -..---------....... $!L.LSR: , '~Itt I OS- DIIte 0 l!Il:utIon . 'By) Nli!ml: PURCHASER: ORHI,lno" " Colaware 00lj)Orllt/t:m ~~~-:., = TltIe:_II.'l'. ~ b \ oS- Data Of EX1lleIl,ji/~," PURCHASER'S ACDRE;SS: 1192 BIUlt NI$WPQrt Center Drlw Stil1e1tfO Ceet1l~ld 13";M. FloridA 3344. AItn: P"lIIlI ~a/TIanOWlKl TMphone: (&$4.) .u8-04854 P".,.rmife: (ClS4) 42a..a~o COAPORATElAPPROVAL.: ."~ Nam' , TItle: . " l' T,\c..o.,~\047Io.a\D.~IIIlIJl,jQll,. ... 10000000..!I:leIIIJ l.2f.ot1lt . ~ ~ :1 ! if l I . ("; "-"]1,' , , , I SELLER: ZYGMUNT JADCZAK and ELIZABETH JADCZAK By: Name: Zyqmunt Jadczak By: Name: Elizabeth Jadczak Date of Execution PURCHASER: DRHI, Inc., a Delaware corporation ~- -- By: ..- Name: ~..~~ "?o,....,.., .....1.\4. : Title: v.? ~ Date of Execution PURCHASER'S ADDRESS: 1192 East Newport Center Drive Suite150 Deerfield Beach, Florida 33442 Attn: Paul Romanowski Telephone: (954) 428-4854 Facsimile: (954) 428-8330 CORPORATE APPROVAL: ~~~~~ . "r8sl(l"'m ~Ol;JI~ RSQIe> T:IContinen-DRHortonI0471001D0cumentlReinst. & Am.end to Contract (clean) 1-24-05.rtf 2 f',\ Ii' J ("''1') , ! I CONTRACT OF SALE That ZYGMUNT JADCZAK and ELlZABETHJADCZAK, (herein called "Seller", whether one or more), agrees to sell and DRHI, Inc., a Delaware corporation, (herein called "Purchaser", whether one or more), agrees to buy and pay for the following- described real estate situated in Palm Beach County (the "County"), Florida, to wit, all that certain real property described or outlined on Exhibit A attached hereto and incorporated herein by this reference for all purposes, together with, all and singular, all improvements thereon and all rights and appurtenances pertaining thereto, inclUding any right, title, and interest of Seller in and to adjacent streets, alleys, or rights-of-way, such real estate, improvements, rights, and appurtenances being herein referred to as the "Property." This Contract is executed upon the follOwing terms and conditions: 1. PURCHASE PRICE. , The Purchase Price fdr the Property is _ and - . . payable as set forth in Section 16 and is subject to adjustments and prorations described below. 2. DEPOSIT. a. Within five (5) business days of full and final execution of this Contract, Purchaser shall delive to Salomon, Kanner, Damian & Rodriguez, PA (the "Escrow Agenr'), as the Initial Deposit (herein so called) pursuant to the terms of this Contract The Initial Deposit shall be held in escrow and disposed of by the Escrow Agent pursuant to the terms of the Contract. b. Within five (5) business days after termination of the Inspection Period if Purchaser has sent the Notice of SUiUjbilily described below, PUrchaser shall deliver an o the Escrow Agent, to be held by the Escrow Agent which together with the Initial Deposit shall constitute the (the "Deposit"). c. If Purchaser fails to deposit any Portion of the Deposit as required herein and such failure continues for a periOd of five (5) business days after its due date, then either party may terminate this Contract by written notice to the other at any time plior to the payment of such Portion of the Deposit. If this Contract is so terminated, this Contract shall be deemed to have terminated as of the date that such Portion of the Deposit was originally to have been deposited by Purchaser, and there shall be no remedy hereunder to either Seller or Purchaser other than the termination of this Contract and Seller will be' entitled to the Portion of the Deposit then on deposit. 3. SURVEY AND TITLE BINDER. a. Within thirty (30) days after the date of this Contract, Purchaser will at its expense obtain a current on-the-ground survey (the "Survey") of the Property made and certified to Purchaser, the title insurance company chosen by Seller ('Title Company"), and any lender(s) designated by Purchaser by a dUlY-licensed surveyor reasonably acceptable to the Purchaser. The Survey shall be in a form acceptable to the Title Company in order to allow the Title Company to delete the survey exception (except as to "Shortages in Area") from the Title Policy to be issued by the Title Company. The Survey shall be staked on the ground and shall show the location of all improvements, highways, streets, roads, railroads, proposed perimeter streets, fences,encroachments, easements (including underground easements), municipally-required greenway or parkland areas, and rights-of- way on or adjacent to the Property, designated wetlands areas, lakes, ponds, creeks, rivers or other water courses, such water courses inclUding any flood-hazard area, flood- prone area, or 1 OO-year flood plain as designated by any governmental authority having jurisdiction over the Property (the "Governmental Authorities"). The Survey shall indicate 1 (1'\ " the recording information as to any recorded encumbrances; and shall COntain such other certification as the Title Company Or Purchaser's lender(s) may require. b. Within thir(y (30) days from the Effective Date of this Contract, Seller shall, at Sellers expense, deliver or caUse to be delivered' to Purchaser. (i) a tille COmmitment CTilleBinder") COvering the Property, binding the Tille Company to issue an owners POlicy of tille insurance,in a form acceptabie to PUJ'C\1aser at the Closing (hereinafter defined) in the full amount of the Purchase Price; and (ii) true, correct, and iegible copies of any and all instruments referred to in the Tille Binder as constituting exceptions or reStrictions upon the tille of Seller, except that copies of any liens Which are to be released at the Closing may be omitted. Prior to Closing, Seller shall obtain and deliver to PUrchaser, at Sellers sole cost and expense, an endorsement to the Tille Binder with a current effective date, showing no new title exceptions therein and containing the correct legal description of the Proper(y Which has been Purchased. On the Tille Policy; the exception as to the lien for taxasshall be limited to the year of Closing, and shall be endorSed "Not Yet Due and Payable"; the exceplion as to parties in Possession shall be deleted; the survey exception shall be limited to "Shortages in Area"; and there shall be no general exception for visible and apparant easements or for roads and highways. After Closing, Seller shall obtain and deliver to Purchaser, at Sellers sole COst and expense, a title insurance POlicy In a form acceptable to Purchaser for the proper(y purchased, in the full actUal amOunt of the purChase price theralore, insuring fee simple lill. to Such property as being vested in PUrchaser subject only to the Permitted ExcePllons (hereinafter defined) and otherwise meeting the requirements hereof. 4. APPROVAL PERIOD AND TITLE. a. Purchaser shall have thir(y (30) days after the receipt or the Survey and Tille Binder to reView them and to deliver in writing to Seller Such objections as PUrchaser may hllVe to anything contained therein. Seller is COnveying the proper(y Subject to the Permitted ExcePtions more particularly described below. H_ver, if at any lime after delivery of the Survey and Tille Binder and prior to Closing, Purchaser receiVes nolice of or otherwise diScovers thaf tllIe to the Property is Subject to any addllional excePtions to which Purchaser objects ("Additional excePtions"), Purchaser shall notify Seller in writing of the Additional ExcePlions within ten (10) days after PUrchaser receives nolice of such Additional Exceptions. Any such item to Which Purchaser shall not object shall be deemed 'a "Permitted Exception". If there are objections by Purchaser, Seller shall in gOod faith attempt to satisfy them prtor to Closing and to cause the Tille Company to reVise the Tille COmmitment to reflect such satisfaction. Seller shall not be Obligated to expend in excess of Five Thousand and NO/loo Dollars ($5,000.00) In order to cure tllIe ~ections Which are not items Which were created by Selle(s voluntary act. Notwithstanding the foregOing, Seller shall be required to CUre any title exceptions which are caused by Seller, "'gardless or the cost to CUrB Such title exceptions. If Seller delivers written notice to Purchaser on or before the Closing Date that Seller is unable to satisfy Such objections, or if, for any reason, Seller is unable to convey tllle In accordance with Section 1 O(b) below, PUrcheser nay, in addition to its other remedies hereunder, either (i) waive Such objections and 'ccept Such lille as Seller is able to COnvey; (i1) terminate this Contract by written notice to Mer; or (iil) attempt to selisfy Such objections caused by Seller at Selle(s expense, Which 'urchaser may collect by receiving a credit against the Purchase Price, and delay ClOSing or up to sixty (60) days and, if Purchaser does not satisfy such objections, PUrchaser may 'ke either of the actions in (i) or (i1). Upon the termination of this Contract pursuant to this ;ection 4(a), , Tille Company shall return the Deposit then remaining on deposit to 'urchase( (except for $100.00 Which will be delivered to Seller), and the Parties herefo hall have no further rights or Obligations hereunder except as othe<wise prOvided in this Ontract. Zoning Ordinances and the lien for current taxes shall be deemed to be ermitted ExcePtions, Seller shall not encumber the Property other than with lcumbrances which provide for reiease the",or at ClOsing in accordance with this ontract and Seller shall not allow a formal notice of default to remain uncured with regard such encumbrances. b. Selier represents and warrents to Purchaser that at the Closing, Seller wili Ive; and Witl convey to Purchaser, gOOd and indefeasible fee simple tille to the ProPerty 2 "'~"----'" - I . , free and clear of any and all encumbrances except the Pennitted Exceptions, 'I) 5. INSPECTION PERIOD. a. Enaineerina and FeaSibilitv StlJct!. Purchaser, at its expense, may conduct a feasibility study of the' Property (including, Withoutlimilation, architectural, geotechnicai, environmental, marketing, engineering and financial feasibility studies) to detennine Whether or not the Property Is suitable to Purchaser, In the event the feasibility stUdy 'ndicates, in Purchasers sole Judgment and discretion, that the Property is suitable to Purchaser, Purchaser WIJ/ send written notice (the "Notice of Suitability") to Seller on or before that date which is sixty (60) days after the date hereof (the "Inspection Period'), Notwithstanding anything contained herein to the contrary, the Notice of SUitability shall not be effective unless Such Notice of SUitabiiiiy shall have been signed by either One of Donald J, T omnltz, Samuel R. Fuller, or Gordon 0, Jones, each an officer of PUrchaser, If Purchaser fails to send Seller the Notice of Suitability on or before the last day Of said Inspection Poriod, this Contract shall automatically terminate, In the event of Such automatic tennination, the Deposit will be returned to Purchaser (except for $1 00,00 which will be delivered to Seller) and the Parties shall have no further obligation to eaCh other. b, Zonino and Plat Approval. PUrchasers obligation to PUrchase the Property is expressly SUbject to and contingent upon Purchasers having obtained from the City of Boynton Beach and any other apPlicable governmental or quasl-jJovernmental authOrity's finai and unappealable approval of annexation of the Property Within the City Limits of Boynton Beach, Amendment of the City of Boynton BeaCh's Land Use Plan to penn it Purchasers proPosed development of the Property, Final Site Plan Approval for Purchasers proposed development of the Property and all required Land Development Permits from City of Boynton Beach Engineering Department for Purchasers proPosed development of the Property (the 'Approvals") by December 31, 2005 ('ApprOVal PoriOd"J, Once the Approvals are obtained Purchaser shall be required to send the Notice of Approval within ten (10) business days of said Approvals being obtained or it shall be a default hereunder, Seller agrees to actively support PUrchasers seeldng of the Approvals, and Seller agrees to execute such dOcuments as PUrchaser considers appropriate or necessary to obtain the Approvals, If the Approvals are obtained by the Approval PeriOd, or Purchaser eleels to ""ive such matters, Purchaser Will send written notice ("Notice of . Approval") to Seller on or before the expiration of said period. If the Approvals are obtained during the Approvai PeriOd, Purchaser sIlall be required to send the Notice of Approval or it shall be a default hereunder, Notwithstanding anything contained herein to the contrary, the Notice of Approval shall not be effective unless Such Notice of APproval shall have been signed by either one of Donald J, T omnitz, Samuel R Fuller, or GOrdon 0, Jones, each an officer of Purchaser. If Purchaser fails to send Seller the Notice of Approval on or before the last day of said Approval PeriOd, this Contract wlJ/ automatically tenninate, In the event of such automalicterminalion, Deposit Will be releaSed to Seller and the parties shall have no further obligalion to each other, Sellers COOperation and Participalion in securing the Approvals shall be st no cost to Seller, Purchaser shall be Seeking approval to develop twenty.eight (2B) single family homes on the Property, PUrchaser shall apply for all requisite Approvals Within ninety (90) days of the date hereof 'nd shall diligently pursue said Approvals, at Purchasers cost. Purchaser shall provide SeIJer With copies of all reports, studies and other meterials receiVed by Purchaser with ""spect to the Property other then environmental assessments and dOCumentation of a >roprietary nature and all pUblic Submissions and attachments thereto, Once site Plan ,pproval is granted by the City of Boynton Beach for the development of the Property, the 'urchasers Deposit shall be non-refundable except fora default by Seller hereunder, 'urchaser agrees to provide Seller with updates on Burchesersprogress from lime to time rhen requested by Seller but not more frequently than monthly. c. Purchaser's Rich! to Enter Propertt. Seller hereby grants to Purchaser, and urchasers empioyeesand sgents the right and permission from and after the dale hereof ' enter upon the Property or any part thereof, at all reasonable times and from time to no, for the purpose of completing its feaSibility review of the Property which review may ciude, without limitation, making all soil, drainage, utilities, traffic, environmental and her tests required for the completion of the engineering and fessibilily stUdy described in 3 ~--.......... ------.,,-~ '1:,.) CJ) I I . (a) above. Purchaser hereby agrees to rndemnify, defend and to hold Seller, Sellers agents and employees and the Property harmless. from and against any all losses, costs, damages, ctaims or liabilities including, but not limited to, mechanic's and materialmen's · liens and aHomeys' fees, arising out of or in connection with PUrchasers access to or enlly Upon the Property underthis section 5. 6. NOTICE AND RIGHT TO CURE. Each party shall be entitled to written notice of any default and shall have fifteen (15) days from receipt of such notrce to cure Such default prior to the exercise of any remedy prOvided herein. 7. REPRESENTATIONS AND WARRANTIES. a. Seller represents and warrants to Purchaser, as of the date hereof and as of the Closing Date, that to the best of Sellers knOWledge and belief: (a) other than Seller, there are no Parties in possession of any POrtion of the Property as lessees, tenants at SUfferance, or trespassers, and no party has been granted any license, lease, or other right relating to use or Possession of the Property; (b) Seller has not receiVed notice of any default (nor is there any defaUlt) under any note or deed of trust or contract for deed related to the Property, and Seller covenants not to defauit thereunder nor to grant any liens, leases, easements, options, rights of refUsal or contracts with respectto the Property which will not be released as of Closing; (c) the Property has full and free access to and from pUblic streets and/or roads, there is no pending condemnation proceeding or similar proceeding or assessment or pending or threatened federal forfeiture action affecting any part of the Property or its access, nor, to the best knOWledge and belief of Seller, is any Such proceeding or assessment thre.iened or contemplated by any govemmental authority; (d) Seller has not received any notice of any violation of (nor is there any violation of) any Ordinance, regulation, taw, or statute of any govemmental authority or agency pertaining to the Property; (e) the execution and delivery of this Contract, the consummation of the transaction herein contemplated, and compliance With the terms of the Contract Will not confiict with or, wifh or Without notice or fhe passage of fime or both, result in a breach of any of the terms or prOViSions of, or constitute a default under, any indenture, mortgage, loan agreement, contract for deed or instrument to which Seller is a party or by Which Seller or Sellers property is bound, or any appiicable regulation or any jUdgment, order, or decree of any court having juriSdiction OVer Seller Or Sellers properties; (f) there are no attachments, executions, assignments for the benefit of credifors, or voluntary or inVoluntary prOCeedings in bankruptcy or under any applicable debtor relief laws, or any other litigation contemplated by or pending or threatened against Seller or fhe Property; (g) except for Seller, there are no Parties with any interest in the Property (marital, homestead, or otherwise), and no other signatures are r<>quired to make this Contract fully enforceable by Purchaser. b. Seller hereby represants and warrants to Purenaser that to the best of Sellers knOWledge and belief: (i) Seller has never used, generated, processed, Stored, disposed Of, released, or discharged any Hazardous Substance on, under, about or in the vldnily at the Property or tranSPorted it to or from the Property; and (iI) to the best of Sellers <nOWledge, no use by Seller, any prior owner of the Property, or any other person has JCCurred Which violates or has been alleged by any party to violate any applicable :nvironmentallaw, and the Property is not on any "Superfund" list under any applicable 'nvironmental Law, nor is it subject to any lien related fa any environmenfal matter. As rsed in this Contract, "Hazardous Substance" shall "'ean and indude all hazardous or 'Xic substances, Wastes or materials, any poilutants or COntaminates (inclUding, without mitation, asbestos and raw materials which include hazardous constifuents, radon and rea formaldehYde), and any other similar substances, or materials Which are included or ,gulated. by any local, state, or Federal law, rule or regulation pertaining to environmental 'gulation, contamination, clean-up or disclosure, inclUding, without limitation, the omprehensive Environmental Response Compensation and liability Act of 1980, as nended by the Superfund Amendments and ReauthOrizafion Act of 1986, the Resource onservation and Recovery Act, the Toxic SUbstances Control Act, and the Federal 4 "'-----~-----~-- I . I I:, ) 'T' Insecticide, Fungicide and ROdenticide Act, as amended, (colleciively, "Environmentai Laws"). In the eVen! that Purchaser becomes aWare prior to Closing that any of Sellers representations or warranties setlorth in this Contract ara not true On the effective date of this Contract or at any time thereafter bUI prior to Ciosing, and in the event that Seller is unabie to rander any such representation or warranty true and COITect atter thirty days (30) days from the date Sellers received notice from Purchaser of the failure of Such representation or warranty, Purchaser may, as its soie end exclusive remedy, either. (a) tenninate this Contract by written notice theraof to Seller and Escrow Agent, in Which event the Deposit inclUding all Portions of the Deposit released to Seller (less $100.00 which will be deliverad to Seller) will be returned to Purchaser and the parties shall be relieved of all further obligations hereunder, or (b) elect to Close under this Contract notwithstanding the failure of such representation or warranty, Which shall be deemed a waiver by Purchaser of the failure of such representation or warranty. 8. MEMORANDUM OF CONTRACT. Neither this Contract nor any Memorandum thereof shall be recorded in the Public Records. 9. CHANGE IN PROPERTY. This Contract is expressly contingent upon there being no materiai adverse change after the expiratiOn of the periOds described in Section 5 and prior to Ciosing in the nature or condition subject to ordinary Wear and tear of or circumstances affecting the Property, inciuding, wilhout limitation, any change in (a) aGeess; (b) restrictions and requirements affecting the ownership and development of the Property. If any such change occurs Prior to Ciosing, then Purchaser may eiect to terminate this Contract by Written notification to Seller at any time prior to Closing and, notwithstanding any other ProVision of this Contract, the Deposit then on Deposit (less $100.00 which will be delivered fo Seller) and any extension fees shall be promptty returned and refunded to Purchaser, and the Pariies hereto shall have no further obligation to each other. If any state, county, city, or govemmentai agency declares or effects any moratOrium on the apprOval of SUbdivision plats or plans, Which moratorium is applicable to the Property or any POrtion thereof, and, as a result of such moratorium, the state, county, city, or any other applicable govemmentai agency or authority Will not app",ve Subdivision plats or plans, then, in such event, PUrchasers obligation to close hereunder shall abate. Upon the discontinuation of any such moratorium, Purchasers obligation to close hereunder shall resume as Of that date and continue as per the ProVisions of this Contract. If, however, Such moratorium shall last longer than ninety (90) days, Selier or Purchaser shall each hove the right, but not the obligation, to terminate this Contract. In the event of such tennination by either Seller or Purchaser, the Deposit then on deposit (less $100.00 Which will be delivered to Seller) shall be returned and refunded to Purchaser, and the Parties hereto shall have no further obligation to each other. 10. CLOSING. a. The Closing shall OCCur on the first Tuesday, Wednesday or Thursday falJing lot less than frfteen (15) days atter the Notice of Approval Is sent and not later than January 15, 2006 ("Closing Date"). The Closing Date must OCCur on a Tuesday, \fednesday or Thursday ("Pennitled Closing Date") and ~ the foregotng Closing Date fOuld otherwise OCCUr on a day that is not a Permitted Closing Date then the Closing Date hall automatically be extended to the next day that is a Pennitted ClOSing Date. The :Iosing shall be held at the offices of the attomeys for the Seller, and shall commence at 1 :00 o'clock AM. b. At the Ciosing, Seller shall, at Sellers expense, deliver to Purchaser; (I) a 'ecial warranty deed conveyin9 the Property aCCording to the legal description prepared I the surveyor as shown on the Survey of the Property, subject only to the Pennitted 5 """'''~._''''''-'.-'''''-'''--'''''''''-~1______"__ EXceptions; (ii) a Tille Policy issued by II., ...lderwriter for the Title Company, pursuant to ,. the Title Binder in the formconlemplated herein, with the survey exception deleted (except as to shortages in area), subject only to the Permitted Exceptions; (iii) POssession of the Property; (iv) a non-foreign affidavit as contemplated herein; and (v) all documents . reasonably required by the Title Company. c. At Closing,. PUrchaser shall deliver to Seller: the Purchase Price less the Deposit releaSed to Seller by Escrow Agent at Closing. Escrow Agent shall release the Deposit to Seller at Closing. \i,. ) .~ d. Seller shall pay alltille commitment and tille search fees, tille premiums for the owne's policy and deed and transfer taxes. Purchaser shall pay all document reCOrding fees for the deed, the Mortgage tranSfer tax, and title premiums for any Mortgagee's title policy to be issued with the owne's 1I11e policy. With respect to all other costs, each party hereto shall pay its share of the Closing Costs which are nOrmally assesSed by the Title Company against a seller or PUrchaser in a tranSaction of this character in the cOuntf where the Property is located. e. Rents and ad valorem taxes for the then-current year shall be prorated at lhe Closing, effective as of the date of Closing. ff the Closing shall OCCUr before the lax rate is fiXed forthe then-current year, the apportionment of the laxes shall be upon the baSis of lhe lax rate for the preceding year applied to the latest assessed valuation, but any difference in actual ad valorem taxes for the year of sale actually paid by PUrchaser shall be adjusted between the parties upon receipt Of written evidence Of the payment thereof. Seller shall pay all Special laxes Or assessments approved and/or assessed prior to Closing. Seller shall provide for payment of all Special assessments which are due and payable as of the date of ClOSing by escrowing with the Title Company one hundred ten percent (110%) of the amount of the estimated assessment. ff the Property is faXed as a Part of a larger parcel, Seller shall, at Closing, deliver into escrow with the Title Company sUlficlent funds to pay all of tha taxes for the CUrrent period (and all prior unpaid laxes) on the larger tax parcel. ff Such is the case, Purchase's prwafa share of the taxes from Such ClOsing Wi/I also be placed in Such escrol;\1. 11. TERMINA TfON. ff this Contract is terminated by Purchaser, or is automatically terminated in accordance With SeCtion 4 or Sa above or any other prOViSion of this Contract, the DepoSil shall be promPlly refunded to Purchaser (less $1 00.00 which will be delivered to Seller), and, except as otherwise provided herein, the parties shall have no further obiigations or liabiiities one to the olher except for those that expressiy survive the termination thereof and/or ClOsing. 12. DEFAULT. If Seller defaUlts hereunder, PUrchaser may, as Purchaser's sole and exclUSive emedy (i)enforce specific performance of this Contract, or (Ii) bring suit for damages 'gainS! Seller only if speclfic performance is not available due to VOiunta", conveyance or ncumbrance of the Property by Seller after the date of Selle's eXecution of this Contract. f Purchaser defaults hereunder, Seller shall have the right to have the Deposit paid to eller as liquidated damages for the breach of this Contract, as Selle's sole and exclusive 'medy. Purchaser's recourse against Seller in the eVent of a Suit for damages is 'rmitted hereUnder shall be iimited to Purchase's interest In the Property. 13. ,COMMISSION. a. Seller shall pay to Asset SpeCialists, inc. a commission in cash equai to six ~) percent of the Purchase Price, provided, however, that Such commission shall be Yable only in the eVent that the Cioslng OCCurs and the sala of the Proparty as ltemplated in this Contract is consummated. Other than the reai estate commiSSion sel :h hereinabove, Seller and Purchaser each hereby warrant and represent to the other t no brokers', agents', finders' fees, Commissions. or other similar fees are due or 6 '1T--'_-",,-,,~..___ -~~.--..--~,-- ~, 'T'i arising in connection with the entering into of this Contract, the sale and purchase of the Property, or the consummation of transactions contemplated herein, and Seller and . Purchaser each hereby agree to indemnify and hold the other harmless from and against all liability, loss, cost, damage, or expense (including, but not limited to, attorneys' fees and costs of litigation) which the other party shall suffer or incur because of any claim by a broker, agent, or finder claiming by, through, or under such indemnifying party, whether or not such claim is meritorious, for any compensation with respect to the entering into of this Contract, the sale and purchaSe of the Property, or the consummation of the transactions contemplated herein. b. Purchaser hereby discloses that Purchaser is a licensed real estate broker buying for Purchaser's own account. 14. MISCELLANEOUS PROVISIONS. a. Date of Contract. The term "date of this Contract" or "date hereof' or "effective date of this Contract" as used herein shall mean the later of the following dates: (i) the date of Seller's signature; (ii) the date of Purchaser's signature; or (iii) the date of Corporate Approval of the Purchaser. b. Notices. Any notice or communication required orpermitted hereunder shall be deemed to be delivered, when sent by facsimile (with confirmation of receipt), nationally recognized overnight delivery service or deposited in the United States mail, postage fully :prepaid, registered or certified mail, addressed to the intended recipient at the address on the signature page of this Contract or when received if delivered personally. Any address for notice may be changed by ten (10) days prior written notice so given. An additional copy of any notice to Purchaser required or permitted hereunder shall be delivered by Seller to DRHI, Inc., Attn: James Peebles, 1901 Ascension Boulevard, Suite 350, Arlington, Texas 76006 and to Purchaser's attorney, Juan E. ROdriguez, Esquire, Salomon, Kanner, Damian, & Rodriguez, P.A., 80 S.w. 8th Street, Suite 2550, Miami, Florida 33130. A copy of any notice sent to Seller shall be sent to Mr. and Mrs. Jadczak, 4220 N. Lamon Street, Chicago, IL 60641 with copies to: David D. Gorr, Esq., David D. Gorr & Associates, 205 West Randolph Street, Suite 2150, Chicago, IL 60606; and Michael J. Sabatello IV, Esq. Greenburg Traurig, P.A. 777 S. Flagler Drive, Suite 300 East, West Palm Beach, FL 33401. c. Interpretation. The parties hereto aCknowledge and agree that each has been given the opportunity to independently review this Contract with legal Counsel, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language.of the proviSions hereof. The parties have equal bargaining power, and intend the plain meaning of the provisions herein. In the event of an ambiguity in, or dispute regarding, the interpretation of same, the interpretation of this Contract shall not be resolved by any rule of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the draftsman. d. Forms. In case of a dispute as to the form of any document required hereunder, the current form prepared by the State Bar of Florida shall be conclusively deemed reasonable. e. Attornevs' Fees. If either party shall be required to employ an attorney to enforce or defend the rights of such party hereunder, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. The "prevailing party" is the party who receives substantially the rel'ief sought, whether by judgment, summary judgment, dismissal, settlement or otherwise. ". , f. Intearation. This Contract contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree that there are no oral agreements, understandings, representations, or warranties which are not expressly set forth herein. g. Survival. Those terms herein which expressly survive the Closing and/or 7 I ; . i~) '~I~ termination of this Contract shall survive as provided herein. h. Bindina Effect. This Contract shall inure to the benefit of and bind the parties hereto and their respective heirs, representatives, successors, and assigns. Purchaser shall have the right to assign its rights hereunder only to an affiliated entity. No other assignment is permitted. Any prohibited assignment is null and void. i. Non-Fore/an Affidavit. Seller shall deliver to Purchaser at Closing a Non- Foreign Affidavit stating under the penalty of perjury that none of Seller's beneficiaries is a foreign person within the meaning of Section 1445 of the Internal Revenue Code, setting forth each such beneficiary's taxpayer identification number and address or, in the alternative, an instruction letter addressed to the Title Company and Purchaser authorizing the withholding of ten percent (10%) of the Purchase Price of the Property by Purchaser. j. Dates and Time Periods. Should the date for the giving of any notice, the performance of any act, or the beginning or end of any period provided for herein fall on a Saturday, Sunday or other legal holiday, such date shall be extende.d to the next succeeding business day which is not a Saturday, Sunday or legal holiday. k. Time is ofthe essence. I. Non-waiver. No delay or failure by either party to exercise any right hereunder and no partial or single exercise of such right will constitute a waiver of that or any other right,except by written agreement executed by the Parties or unless expressly provided otherwise herein. , m. Deleted. '. n. TheParties will each cooperate with the other, and their respective employees and agents, to facilitate the purchase of the Property by Purchaser pursuant to the terms and conditions set forth herein. o. Florida. This Contract shall be governed and interpreted under the laws of the State of p. The paragraph headings used in this Contract are for convenience purposes only and shall not be used in the interpretation of this Contract. q. All Exhibits attached hereto are incorporated herein by reference and made a part of this Contract. r. Nothing contained herein is intended to create, nor shall it ever be construed to make, Seller and Purchaser partners or joint venturers. s. The provisions of this Contract are severable, and if any provision of part hereof or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional fOr any reason, the remainder of this Contract and the application of Such provisions or part hereof to other persons or circumstances shall not be affected thereby. t. This Contract shall constitute escrow instructions to the Escrow Agent, together with such modifications thereto as may be made by Supplemental escrow instructions. 15. CONTRACT AS OFFER. The execution of this Contract by the first party to do so constitutes an offer to purchase or sell the Property. If this Contract is not acc~pted by the second party within fifteen (15) days from the date of execution by the first party and a fully-executed Contract (~ /1) delivered to the first party, then this Contract as offered shall automatically terminate and be withdrawn. In the event of such automatic termination and withdrawal, any Deposit shall be immediately returned to Purchaser, and neither Purchaser nor Seller shall have any further obligations to each other. 16. PAYMENT OF PURCHASE PRICE. One hundred percent (100%) of the Purchase Price of the Property shall be payable at Closing, which amount'shall constitute full payment. 17. CONTINGENCY OF ACQUISITION OF ADDITIONAL PROPERTY. Notwithstanding any term or provision contained herein to the contrary, the Closing of the Property is contingent upon Purchaser also acquiring the property described in Exhibits "B" and "C" referred as the "Additional Property" as it is Purchaser's intent to develop the Property together with the Additional Property as a single development. If for any reason, Purchaser does not close on the Additional Property or if said transaction is terminated, then Purchaser shall be entitled to the return of the Deposit and this transaction and Contract will be terminated and neither party will owe any further duty or obligation to the other, other than duties or obligations which specifically survive termination. Purchaser shall diligently pursue all requisite approvals for the development of 145 single family homes on the Additional Property ("Additional Approvals"). Purchaser shall have the same obligation to pursue said Additional Approvals as it does with the Approvals. Purchaser represents to Seller that it has the Additional Property under Contract (the "Additional Property Contract"). Once site plan approval is granted by the City of Boynton Beach for the development of the Additional Property, or if Purchaser closes on the purchase of the Additional Property, the Additional Approvals shall be deemed granted and the contingency in this paragraph 17 shall be satisfied. Purchaser agrees to provide Seller with updates on Purchaser's progress with respect to the Additional Property and the Additional Approvals and the status of the Additional Property Contract from time to time when requested by Seller but not more frequently than monthly. A default by Purchaser under the Additional Property Contract shall be a default by Purchaser hereunder. If the Additional Approvals are denied, Purchaser shall have thirty (30) days from denial within which to elect to terminate this Agreement pursuant to this Paragraph 17 or waive the contingency in this Paragraph 17, and if Purchaser does not give any such notice to Seller, Purchaser shall be deemed to have waived the contingency of this Paragraph 17. 18. CORPORATE APPROVAL OF CONTRACT BY OFFICER OF PURCHASER. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, NEITHER THIS CONTRACT NOR ANY AMENDMENT HERETO SHALL BE A VALID AND ENFORCEABLE OBLIGATION OF PURCHASER UNLESS THE CONTRACT OR AMENDMENT IS EXECUTED BY EITHER ONE OF DONALD J. rOMNITZ, SAMUEL R. FULLER, OR GORDON D.JONES, EACH AN OFFICER OF THE PURCHASER, WITHIN FIFTEEN (15) DAYS OF THE EXECUTION OF THIS CONTRACT OR AMENDMENT BY SELLER AND PURCHASER=S REPRESENTATIVES. 19. AS-ISIWHERE IS. To the maximum extent permitted by applicable law and except for Seller's express representation and warranties contE!ined in this OOritract ("Seller's Warranties"), the sale is made and will be without representation, covenant or warranty of any kind (whether express, implied, or to the maximum extent permitted by applicable law), by Seller. As a material part of the consideration of this Contract, Purchaser agrees to accept the Property on an "as-is, where-is" basis with all faults and any and all latent defects and improvements and without any representation or warranty, all of which Seller hereby disclaims, except for Seller's Warranties. Except for Seller's . (~ ! 'f') Warranties, no warranty or representation is made is made by Seller as to the fitness for a particular purpose, merchantability, design, quality, condition, operation or income, compliance with drawings or specifications, absences or faults, flooding, compliance with laws and regulations including without limitation those relating to health,safety and the environment, or the accuracy of any report, studies or other documents prepared by any third parties which may be provided to Purchaser or which Purchaser may review. Purchaser acknowledges and agrees that Purchaser has entered into this Contract with the intention of relying upon its own investigation of the physical, environmental, economic use, compliance and legal condition of the Property and that, except as otherwise provided in this Contract, Purchaser is not now relying, and will not later rely, upon any representations or warranties made by Seller concerning the Property. The provisions of this paragraph shall survive indefinitely any closing or termination of this Contract and shall not be merged into the deed at Closing. 20. ACCESS. Purchaser and its agents andfepresentatives shall have access to the Property atall reasonable times subsequent to the effective date and prior to the Closing or earlier termination of this Contract with full right to inspect the Property and conduct reasonable test thereon, including but limited to a Phase I Environmental Site Assessment, and to make such other examinations with respect thereto as Purchaser, its licensees, engineers, surveyors or other representatives may deem reasonably necessary, subject to the provisions of this paragraph. If Purchaser, its agents or contractors, enter upon the Property for purposes of inspecting and making test and studies thereon, Purchaser shall: (a) promptly repair any damage to the Property resulting from any such activity so that the Property shall be in the same condition as it existed prior to such activity; (b) fully comply with all laws applicable to the activity and all other activities undertaken in connection therewith; (c) take all actions and implement all protections necessary to ensure that all actions taken in connection with the activity, and the equipment, materials and substances generated, used or brought upon the Property pose no threat to the safety or health of persons or the environment, and caused no damage to other property of Seller or other persons; (d) maintain or cause to be maintained, at Purchaser's expense, a policy of comprehensive general liability insurance with a broad indemnification obligations contained herein, and a combined single limit of not less than $1 ,000,000.00 insuring Seller, as additional insured, against any injuries or damages to persons or property that may result from or are related to Purchaser's and/or Purchaser's representatives' entry upon the Property, and any and all other activities undertaken by Purchaser and/or Purchaser's representative in such forms with and with an insurance company reasonably acceptable to Seller (copies of all such polices must be delivered to Seller prior to Purchaser's entry upon the Property); (e) not allow the activities undertaken to result in any liens, judgments or other encumbrances being filed or recorded against the Property, or any other property of the Seller, and Purchaser shall, at its sole cost and expense, promptly discharge of record Such liens or encumbrances that are so filed or recorded; and (f) defend, indemnify Seller and hold same harmless from and against any and all claims, demands, causes of action, losses, damages, liabilities cost and expenses (inCluding without limitation, attorney's fees and disbursements), suffered or incurred by same and arising out of or in connection with (i) Purchaser's and/or Purchaser's representatives' entry upon the Property, (ii) any activities conducted thereon by Purchaser or Purchaser's representatives, (iii) any liens or encumbrances filed or recorded against the Property or any portion thereof, or any other property of Seller or its affiliates, as a consequence of the activities undertaken by Purchaser or Purchaser's representatives. IN WITNESS WHEREOF, the Parties hereto have executed this Contract in multiple copies, each of which shall be deemed to be an original, on the dates setforth below. t~ ~\ ) . . SELLER'S ADDRESS: 4220 N" Lamon Street Chicago, IL 60641 Telephone: (773) 252-3633 Facsimile: (773) 252-3631) ( 'L/"{f(O 'f DATE OF/EXECUTION PURCHASER: q~ - ~lkii;; DRHI, Inc., a Delaware corporation 1192 East Newport Center Drive Suite 150 Deerfield Beach, Florida 33442 Attn: Paul Romanowski Telephone: (954) 428-4854 ~ (954)428~ By: Paul Romanowski Title: Vice-President { / 't / z'-=~ )ATE oF' EXECUTION //;tltJb ~ATE OF EXECUTION CORPORATE APPROVAL: ~~ Title: Officer = SCROW AGENT alomon, Kanner, Damian & Rodriguez, Esq. scrow Agent's Address: o S.W.8th Street wite 2550 liami, F~ 33130 ,'lI . B~~~ Na. e: ...j .Cu..J &. ' '54.eL T:\Continenlal-DR Hortonl0471 OOIDocumentlContract (clean) 12-17-04.dcc 11 I -L~ -() )" DATE OF EXECUTION rl\ \ i} ", ". ..--- , Exhibit A ' +:Ik~~: Dei:;orip'tioil.; The North 1/2 of the Southeast 1/4 of the NorthMestl/4 of the Northeast .1/4 in Section 13, T9wnship 45 South Range .42 East, of the Public Records of PALM BEAC~ County, Florida. . /' -r"1 . ". First t:1\erican Title Insurancer""~pany "" Schedule A (Continued) Agent File No,: 04-7043 The North 1/2 of the Northeast 1/4 of the Northeast 1/4 and the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 13, Township 45 South, Range 42 East, Palm Beach Beach County, Florida, LESS AND EXCEPT the North 40 feet thereof for Lake Worth Drainage District Canal L-20 right-of-way, and LESS AND EXCEPT the East 40 feet thereof for Lawrence Road right-of-way, EXHI BIT 'lei; Page 4 File No.: 1062-662405 ---- -'- ~.--- c, ......Iv", I), LVV~2IL:'f~n~ . V--1\ Horton Lana Dept I i) I~DR HOKNo, 0751 p, 5'0 'Ii 1 " ~\, rJ S51er~n Sound Pmm.y, euI1e J20 B<xi<< FillO/1, F10lida 38491 ftl ~E:r ~~.-~ SURVEYING & MAPPING Certificale of Au\hQrizalicn No. LB72S4 T~: (5S1] 241-esaa ~ax; (561)241-5182 . SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) KNOLLWOOD GROVES -WEST HIATUS AR,EA LEGAL DESCRIPTION: A PORTION OF THE NORTHWEST ONE-QUARTER OF' THE NORTHEAST ONE- QUARTER OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE, 42 E:AS-'J:. PALM BEACH COUNTY, F'LORIDA, SEINO MORE PARTICULARLY DESCRIBED AS fOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST ONE- QUARTER OF SECTION 13 CAS SHOWN ON THE PLAT OF "AMENDED PLAT OF SEC, 12 TWP.455 R. 42E. MARY A. LYMAN ET AL", ACCORDING TO THE PL.AT THEREOF, AS RECOI<OtD IN PLAT BOOK 9 AT PAGE 74 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIOAl. THENCE SOUTH 89" 53'29" EAST, ALONG THE NORTH LINE OF SAID NORTHEAST ONE:-QUARTER, A DIST ANCE: OF 728.66 FEn; THENCE SOUTH 00.07'05" EAST, AlONG THE EAST l.INE Of "SUNSET CAY", ACCORDING TO THE Pl.AT THEREOF, AS RECORDED IN PLAT BOOK 71 AT PACES 115 AND 116 OF SAlD PUBLIC RECORDS AND THE NORTHERLY EXTENSION THERE:OF', A DIST ANtE OF 666.00 FEET TQ THE POINT OF BEGINNINGl THENCE NORTH 89" 59'34" EAST, ALONCl THE SOUTH LINE OF THE NORTHEASi ONE-QUARTER OF SAID NORTHWEST ONE-OUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13. A DISTANCE OF' 720~94 FEET; THENCE SOUTH OQ.25'24" EAST, Al.ONG THE NORTHERL'( EXTENSION OF THE WEST LINE OF "NAUTICAL P,U.D, - PLAT ONE'\ ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT SOOK 74. AT PAGES 170 THROUGH 175 OF SAID PUBLIC RECORDS, A DJS T ANCE OF 10.45 fEET TO THE NORTHWEST CORNER OF SAID "NAUTlCA P.U.D. - PLAT ONE"; THENCE SOUTH 89" 34'35" WEST, ALONG THE WESTER!. Y EXTENSION OF THE NORTH LiNEOl'" SND "NAUTICA p.U,D. 1%2 PI.ATONE", A. DISTANC5: OF 721.00 FEET; THENCE NORTH 00007'05" WEST, ALONG THE EAST LINE OF' SAID "SUNSET CAY", A DIST ANeE OF' 15,69 FEET TO TH~ POINT OF'6EG/NNING. SAlD lANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM SEACH COUNTY, FLORIDA, AND CONTAIN 9424 SQUARE n:n, MORE OF( LESS, NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE Nor VAl,IO WITHOUT THE SIGNATUR~ AND THE ORIGINAl. RAISED SEAl. OF A FLORIDA LICENSED SURVEYOR AND M~PER, 2. NO SEARCH OF' THE PUBLIC RECORDS W/lS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. .3. BEARINGS SHOWN HEREON ARE eASED ON THE NORTH LINE OF THE NORTHWEST ONE-QUARTER Of SECTION 13, HAVING A BEARING OF' SOUTH as'S:5'29" EAST, ACCORDINC TO THe: STATE PLANE COORDINATe: SYSTEM, STATE OF FLORIDA. EAST ZONE, NORTH AMERICAN DATUM OF 1983,1990 ADJUSTMENT. CERTlFJCATION I HEREBY' CERTIFY THAT THE sKE:TCH AND DESCRIPTION SHOWN HERE;QN COMPLIES WITH MINIMUM TECHNICAl. 51 ANDARDS AS CONT AlNED IN CJoIAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SEcTION 472.027.F'LORJDA STATUTES. AND iHAT SAlDsKt:TCH AND DE:SCRIPTION 15 TRUE AND CORRECT TO THE BEST OF' MY KNOWlEDGE AND BELIEF' AS PREPARED UNDER MY DIRECTION. JrFr-S~-HODAPP--------- SURVEYOR AND,MAPPER FLORIDA I..ICENSE No.!.SSm LAST DATE OF FIELD WORK' Pro)"". N_. K/{)lLWOOO GROVES ,.. .IOS >0;1, 04174' IDIG 5" I C~.. s" NOT A SURVEY WEST HIA.TUS AREA JSH JS _IO~'11 lUl~/2004 I I SHtET !OF 2 EXHIBIT "c,g ~--f-I-'-_""",_"" e lvuec, 19, LVV4J1L:49PM f'!1') Ho r to n Lan d De p t l)'PR HOItNo, 0751 p, .t.};_ r/ , . SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) C/) o .f>. . ./'> q ~ ~ P.O.C. NW COR, NE.r/4 SECTION 13-45-42 PER P.8.9, PG, 74 FOUND RR SPIKE> AB8REVIA TIONS CONC. CONeRE u: Co~, CoANER . L.'II~O.O. ~AKE WORTH ~RAJNAQE DISTfllCT L.B. LIe !USlNESS L, S~ LI SUJlVJ;YO!l. MON. liON O. ~. B. OF'F' 1 C AL RECORDS BOOK p.o.e. POINT OF BE01NilINO P,o.c. ~OlNT OF eOI.tlll:NCtMENT p.e. PLAT BOOK P.B. c.R, PAl.U BEACH COUNTy Rl;CORDS PG, PAOE p, S. M. ?ROPUS I aNAL SURVEYOR . Ml,PPEA JlIW RICHT.O,_WAY U. ~. UT I LI TV EAS~M<:NT S8g.53'2S"E 728.66' -~~+~---' "_.w _.I_~._.._.. N LINE NEI/~ (PER PALM BEACH COUNTY SECTIONAL BREAKDOWN) To .... I . 1-;Z2;~ 2;3;-...... N:;)O~N ","OOl,flr o::J,U::(;QQ W'<i':I:'<ot W Z I 0 n::W [/) ll. n::J<1<l:",lIi::E O~W""'d'<r 0.2:CC...,JO::!';:: ~o <l; co..., '2;j:::;:!i 2; Qf- uq!2;z::) wo..l-:JO Vl UO' o::wl.L.f- WVl~:J 0.. (,) .~-"-"._"-"._I. UNfLATTED C/) o o . o -...I c:i U} rii ~"\t.I' '"itl' ~E..a~t.a'J~\t.~ ~'"i 0 :\ o~.a\l ~"'i\-\t ,,\\-\'{>It.~i O~~.t.,~ ~at. ~O~~\""t.~~ \:>- O'i "i~\-\t.~o~E.C"'i\ . . or "\ or I I I I I I I I I I I I SOO" 25'24"[1 . 10.45' I NEY4NWr/4NE'I~SEC_ 13-45-42 I N .. I 4" 7 4' I 721.00' ..... 5.- J; .. 1 0:,(- ~ ()- f-r.rl 14 o ' b5o.. Z..... ::1I.... V), ; OJ ~ -- N. W. CORNER' "NAUTICA P,U.D. - PLAT ONE" o~ 1.0 f-I'. <e7 --10 ll.1'. ,... J . .r,n 00 :)0. 0:. "'t" <:l"-o SJcri !-' :=;~ <: F UNPLATTED '0IlN(l, Pr'aJ~f NamJ W. HlATU A OMl Oh CK't1 B I Sl:ALEl 1'.. 001 D 12115/ 4 T 2 OF 951 Broken Sound Parkway, Suite 320 Boca Raton, Florida 33487 ~ft'ME )"/: ~~ SURVEYING & MAPPING Certificate of Authorization No. LB7264 Tel: (561) 241-9988 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) KNOLLWOOD GROVES - OVERALL PROPERTY LEGAL DESCRIPTION THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER; AND THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT: THE NORTH 40.00 FEET THEREOF FOR LAKE WORTH DRAINAGE DISTRICT CANAL L-20 RIGHT-OF-WAY, AND LESS AND EXCEPT THE EAST 40.00 FEET THEREOF FOR LAWRENCE ROAD RIGHT -OF -WAY, TOGETHER WITH: THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA AND CONTAIN 36.186 ACRES, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 13, HAVING A BEARING OF SOUTH 89053'29" EAST, ACCORDING TO THE STATE PLANE COORDINATE SYSTEM, STATE OF FLORIDA, EAST lONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT. CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAl STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS T AND CORRECT TO THE BEST OF MY KNOWLEDGE AND ~ AS EP RED UNDER MY DIRECTION. " LAST DATE OF FIELD WORK: NOT A SURVEY Project Noll'8' KNOllWOOD GROVES OVERALL PROPERTY DATE. 4/05/2005 JOB NO. 04174 DWG BY. JSH CK"O By. JS SHEET 1 OF 2 , SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) UNPLATTED OOOTOS"W 961.74' 41 40 628.00' "0-8" 1101 39 Z 11100 ~ 'h (f) Ul 38 OJ c o \.f) ~ '-J~ ~119~9 Z 37 c (]I ~- ~'h -u (]I O~ \.f) ~(J1 2(;) 36 z^, U. ~~ ~~ O~ ::00 35 I\.) 0- ~t.N .......- fTl< -%, 8fTl 34 : -z,%, .j::>. <i~- ~;:: fT1 v2. :u~ ::OUl ~ Oc 33 - Z ~o fTlaJ .->~ .....^' ~Q -....J \ >"'h ~~ OJ 32 ~~ ~!1 VI"Tl < ~ ;'0 iJi 31 -....J .%> 6 \ 0'0:::::. (]I:: (;)^' 30 ~ .%>0:::::. UlfTl Z ~ ~.%> ~q .Ul ~.%> --< 29 ~ I\.) . <o-u tOO ~, -)> :E~ <0-< 28 <0 ,. ~"'" -uZ " )>, -<z OfTl Z fTl (j) 17 OJ ~~ II o (]I ~U? ;il II -....J tN )> -; ~ II TRAC'-"~ J E.LiNE SECTION "13-45"-42 l:AW"REf..JCr-ROAD" -" 502003'29"W )>-<- -<o~ -<-<~ II - iJifTlI -UfTl~ O)>c ~~Ul ~ 'h 0-::::" ~~'h ~~ >" V'h \~ .%>.-> 0'- \.%> .%> ~ 84 82 ~ , Z fTl Ul fTl () -< 6 Z U , "'" (}1 , "'" "" C^, . .... fTl:e "lJ"lJ"lJ"lJ"lJ"lJ0;=" . c>' , . . . o. . u\'aJtDOO:CZU\tD . ...... ~ n ntDtD :c C:C\X>"lJ"lJ"lJ"lJ"lJ"lJO;=" -1- ::o>}>.oo""o-- -C>;=OC>,>--"Tlznn rI>""IT1~-1ZZ-Cr'T1('T1 --1"'tJ1T1 -1-H""~ZZ --I '"'tJVl CDCD -r'TlVH/'I -<OfTlU\ fTlooO>ZfTlfTl 'TI;C- >0.."..".-100 I'T1I 0 n~ >:e Z I ntD::o VltD VI> > OfTlfTl CC ~-< , 8 ~~8 :g~ rr1 VI C fT1Z::O I'T1Z Z C Z ZZCl -<fTl --I ::0 --I n-Vl 0(1') < -< f'T'1Z :tJtJ') ~ :c ~C>~ o IT1 Z 0 ::0 n --I ^ o :c Cl U\ E. L1NESEC"T10N" ;2-45~42 -- JOB NO. 04174 Prolect None. KNOLL WOOD OVERALL PROPERTY JSH JS SCALE. 1"-400' OATE. 4/05/2005 nn )> ~~ OJ . n OJ ;;0 m < ~ o nnZ 00 en ::oz zn fTl::O ::0 fTl -< fTl SHEET 2 OF 2 The Sch~ '"""Istrict of Palm Beach County Planning Deparonent 3320 Forest Hill Blvd. C-ll0 West Palm Beach, FL 33406-5813 Phone: (561) 434-8800 or (561) 963-3877 Fax: (561) 434-8187 or (561) 434-8815 Attention: Concurrency The School District of Palm Beach County School Concurrency Application & Service Provider Form Instructions: Submit one copy of the completed application and fees 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 be valid for the life of the Development Order. Please check (~ ) type of application (one only): [ ] Concurrency Determination [ ] Concurrency Exemption [ ] Concurrency Equivalency (...fAdequate School Facilities Determination [ ] Letter of No Impact [ ] Time Extension Fees: Concurrency Determination or Adequate School Facilities Determination ($200.00 for more than 20 units 120 units or less $100.00); Equivalency ($125.00); exemption or Letter of No Impact ($25.00); Time Extension ($75.00) 1_~ifu>tl~~A.r~llf,if._'I_~'Mj';:,',:'\4 Please attach 8 copy of the site/subdivision plan, last recorded warranty deed and consent form Project Name; r..nU1lCOb p~ Municipality: ~~ ~ Property Control Number (PCN): 00 4- '2.. 4':) '!J 00 000 ,,~O CJt)42.4~ I~Q(,) 000 '0/0 DEVELOPMENT REQUEST; If applicable, Ji'ease attach a Phasing Plan showing the number and type of units to receive certificate of occupancy yearly. A Restrictive Covenant is required for age-restricted communities. OWNERSHIP I AGENT INFORMATION: Owner's Name: ~~ ~ Agent's Name: l'. ~ . /;vc.. Mailing Address: ~ ~ B~~ Telephone Number; ~~71?7J Pc- ~~~:;"'~/.:3"7'" -3R()r I hereby certify the statements or Intonnation made In any paper or plans su milled hel1lWlth are true and correct to the best of my knowledge. lj-, h . or t Signature Date ~4",~'Bfiti:'li.:~eA14l!UP~Me~&wj;RIt!Ml!iR5j&$"r;"~..J Date Application Filed: 41 ~~ Petition Number: ~.sP 00 ~ 0 t "1- Reviewed By: ,/JJLr _ ~ Title: _ ~ "t:7:? , '- Did the Applicant pay the filing fee to you? (Please attach proof of payment) '.I' / (If no. the applicant must pay the School District. The 2J . ,/; School District will not review without payment), ~i Representative Signature Q II. Date & 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 School District Representative Date