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~
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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]
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TMphone: (&$4.) .u8-04854
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SELLER:
ZYGMUNT JADCZAK and ELIZABETH
JADCZAK
By:
Name: Zyqmunt Jadczak
By:
Name: Elizabeth Jadczak
Date of Execution
PURCHASER:
DRHI, Inc., a Delaware corporation
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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:
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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
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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
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, free and clear of any and all encumbrances except the Pennitted Exceptions,
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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
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. (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
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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
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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,. )
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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
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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
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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
(~
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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
.
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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.
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SELLER'S ADDRESS:
4220 N" Lamon Street
Chicago, IL 60641
Telephone: (773) 252-3633
Facsimile: (773) 252-3631)
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DATE OF/EXECUTION
PURCHASER:
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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
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)ATE oF' EXECUTION
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~ATE OF EXECUTION
CORPORATE APPROVAL:
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Title: Officer
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SCROW AGENT
alomon, Kanner, Damian & Rodriguez, Esq.
scrow Agent's Address:
o S.W.8th Street
wite 2550
liami, F~ 33130
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DATE OF EXECUTION
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Exhibit A '
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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.
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First t:1\erican Title Insurancer""~pany
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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
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Certificale of Au\hQrizalicn No. LB72S4
T~: (5S1] 241-esaa
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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.
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SURVEYOR AND,MAPPER
FLORIDA I..ICENSE No.!.SSm
LAST DATE OF FIELD WORK'
Pro)"". N_. K/{)lLWOOO GROVES ,..
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NOT A SURVEY
WEST HIA.TUS AREA
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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
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SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
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04174
Prolect None. KNOLL WOOD
OVERALL PROPERTY
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OATE. 4/05/2005
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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