APPLICATION
PROJECT NAME: Arches
LOCATION: Multiple
PCN: Multiple
I FILE NO.: ABAN 03-002 I TYPE OF APPLICATION:
Abandonment
AGENT/CONTACT PERSON: OWNER: Contract Purchaser (Mumple
E)(~CUTrVe- ~\fLC;CA
Nancy C. Graham-Urban Principles, LLC Owners) JOWNTOfJJrJ GV. . U-rHo!ClT!
PHONE: 561-832-6908 PHONE: 400 ~ LEfV\ AT1~ .5 T} 3
FAX: 561-832-2864 FAX: .svr-re 1/00 - W ( I
~ 3tj,o I
ADDRESS: 319 Clematis Street Suite 512 ADDRESS:
West Palm Beach, FL 33401
Date of submittal/Projected meetine: dates:
SUBMITTAL / RESUBMITTAL 2/28/03
1 ST REVIEW COMMENTS DUE: N/A
~
PUBLIC NOTICE: 4/28/03
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE: N/A
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD N/A
MEETING:
COMMUNITY REDEVELOPMENT 5/13/03
AGENCY BOARD
CITY COMMISSION MEETING: 5/20/03; 6/3/03; 6/17/03
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\ABAN\2003 PROJECT TRACKING fNFO.doc
..
,
City Codes Accessed Via Website
www.boynton-beach.orq
www.amleqal.com/boynton beach fl
Has applicant attended a pre-application meeting? YEs . Date: FeB. ~ 2()O~ fl
CITY OF BOYNTON BEACH ~~ /,:>
APPLICATION TO ABANDONNACATE 4:.,"? <-<::' .~
PLANNING & ZONING DIVISION '. tY 'Z(~
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<'o",:f1t;; . . "'/ ~/.
~Y/~, 'f/" I, ;; ',;
~YCoV -1. I //. /
NOTE: This form must be filled out completely and accurately and must accompany all applications I 6-:/
Planning and Zoning (Two (2) copies of application are required.)
PROJECT NAME:
AGENT'S NAME:
AGENT'S ADDRESS:
AGENT'S PHONE:
AGENT'S FAX:
OWNER'S NAME:
(or Trustee's)
OWNER'S ApDRt:SS:
t!LJ.N7M6! OP7'ltuJ
'P Ullc.tllt,sPf{
OWNER'S PHONE:
OWNER'S FAX:
PROJECT LOCATION:
OR PCN NUMBER
CORRESPONDENCE
ADDRESS:*
(if different than
agent or owner)
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see: 'PC!N SH€E'I /17T/Jcllf5D- 13er&JEGN /JC&rJN
(not legal description)
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/JGENT
. This is the address to which all agendas, letters and other materials will be forwarded.
The undersigned, pursuant to Ordinance NO. 76-27 ofthe City of Boynton Beach, Florida, hereby applies to the City
Commission to vacate/abandon, and discontinue the,(check one):
( v--' ) ALLEY
( ) STREET
( ) SPECIAL PURPOSE EASEMENT
( ) OTHER NON-FEE INTEREST OF THE CITY
as described in attached Exhibit "A", and to renounce and disclaim any right of the City and the public in and to any
land in connection therewith.
Said application is to be filed with Planning and Zoning in duplicate and applications involving more than one of the
above listed non fee interests shall be filed separately. Each application so filed shall be complete in every respect.
Representative of the project must be present at all Technical Review Committee, Planning and
Development Board or Community Redevelopment Agency and City Commission meetings held to review
this project.
The undersigned hereby certify:
1. That a complete and accurate legal description with the specific property interest sought to be vacated or
abandoned, including where possible a plat map or drawing showing the general area and location involved,
is set forth in Exhibit "A" attached hereto.
2. That the title or interest of the City and the public in and to the specific property interest described above
was acquired and is evidenced by,
(check one):
( ) DEED
( J--- ) DEDICA liON
( ) PRESCRIPTION
Recorded in PLrrr
Beach County, Florida.
Book / , Page 2~=f , and Public Records of Palm
3. That no similar application has been considered by the City at any time within six (6) months of the date
hereof, and should this application be granted, such abandonment and vacation will prevent no other
property owners from access to and from their property and not other property owners in the vicinity will be
adversely affected.
4. That the above described property interest is under the control and jurisdiction of the City Commission of the
City of Boynton Beach, Florida; is not a part of any state or federal highway system; and was not acquired or
dedicated for state or federal highway purposes.
5. That the following constitutes a complete and accurate schedule of all owners and occupants bounding and
abutting the property interest described above.
6. The list of names and addresses of the owners and occupants of abutting real property, addressed
envelopes and 1st class postage (stamps or pay for required postage).
BbY/'IrD"; ~i Pt0~Ecr< ,"INC..
ADDRESS
/ / 8 s: E _ '-If!. ST,R $$T, 80y /lIroNIEAc~ FL.
/ 33~
3tJh ..s.E. /sr /lVE., EaYAI"TtJN 2l~ pL.
d' . 33~d~
.:3~t. SE. /- AvE., . 8oVN7~N ;?G,4efl. FL.. .E~tf~~
/
~lIf?/S-rI/fNE.. F/<~~cl.s ~S' SjJ/}~./JSH 1?/I/EIe. p~ BoYNr~N B&efl, FL.
])oLPfJiN 13M, :J:Nc,. bS' 6P,4NJ5/1 R/Vj;~ JJI</ve; fjLJY/llTdN ~J 33st~S-
7. Verification from each affected or potentially affected utility company that they have no interest fr; t'fi~ 1./ ~
vacation/abandonment, or, if they have present or future interest, proposed easement documents protecting
their interests. (See attached Utility Company list) (All UTILITY COMPANY RESPONSES MUST BE
INCLUDED WITH APPLICATION SUBMITTAL)
NAME
/28E/<T LEIFEr:<
80B I!m2. fktJ?8t'<TiES. ::::rl'l<!.,
8. Obtain a survey of the street (or easement).
9. Obtain a title opinion (ownership and encumbrance report) from a title company.
10. That the following grounds and reasons are submitted in support of this application:
-rilE. .IlL-t-C'I KEc;oGS7cb -To BE /J/!J,uDIJAJG.J:> /.:5 //v SuPP~1!J ()I= fiND ReLATeb
/0 TIfE .sITE- PUN FbI< -rilE A-~C!..H~S AT 8IJYIU7()~ .8EA:::!JI. "'Tile /J~Y
NEE'l>S '/~ 8E /J8M~ ":PJ Ofnare. <"'fZ) "Bu; (...]:) 'P/?oPoSE-b "pR.o:::JEc7. =rN
1/fh(!lIC.[,)~ "TilE. l' {) 8'-1 c.. PJ..A z.A My:} :::rN j3L0CK '}.It>. I tJ F 7ftE P. itctf ErE .
DATED: -Z /?'151200z"
/ .
APPLlCANT(S) NAME (PLEASE SIGN)
,7
o WTDN ./ LC!-
!J
:::r: ,K E{ I
ADDRESS
.3/'9 t!L$M/YTis S7/fE.G'T. Su ITE .5'JZ
b), PALM 'BE"ACH I FL. :33 1-0 I
STATE OF FLORIDA
COUNTY OF PALM BEACH
The a~ve named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated
that he _..ar:eIis the applicant(s) in the foregoing Application to AbandonNacate; that they have read the
same and that the facts therein set forth are true and correct to the best of their knowledge.
fuJ'1ift. ~ ~,
NOTA Y BLlC, tate of I 'da
My Commission Expires:
Updated 10/15/01
~." f~t:" JUDITH E. LOGSDON
{*i ~~ MY COMMISSION # DO 023566
~-i- . EXPIRES: June 29 2005
"~~II 'IU \ Bonded Thru Notary Public underwrtters
THE ARCHES AT BOYNTON BEACH
APPLICATION TO ABANDONN ACATE
EXHIBIT A - LEGAL DESCRIPTION/MAP
....
.<II
.If
LAND DESCRIPTION
PORTION OF 20 FOOT WIDE ALLEY
TO BE VACATED
A portion of that certain 20.00 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11
through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in
Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book
1, Page 23 of the Public Records of Palm Beach County, Florida, more particularly described as
follows:
COMMENCING at the intersection of the centerline of Ocean Avenue (50,00 foot platted right-of-
way) with the centerline of Federal Highway, also known as U,S. Highway No, 1 and State Road
No.5 (100 foot right-of-way);
THENCE North 88-59'27" West along the centerline of said Ocean Avenue, 50,01 feet;
THENCE South 00-02'09" West along the west right-of-way line of said Federal Highway, 151.52
feet to the POINT OF BEGINNING;
THENCE South 00.02'09" West, continuing along said west right-of-way line, 20.00 feet;
THENCE North 88-59'27" West, 240.03 feet;
THENCE North 00-02'09" East, 20.00 feet;
THENCE South 88-59'27" East, 240,03 feet to the POINT OF BEGINNING,
Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 4801
square feet (0,110 acres), more or less,
LAND DESCRIPTION PREPARED BY:
SHAH, OROTOS & ASSOCIATES
1835 S, Perimeter Road, Suite 190
Fort Lauderdale, Florida 33309
Prepared by: MDR
Checked by: MDR
Project No.: 02-0598A
File Name: X:\cad\survey\0598AOO\Sketches\0598VACA.lgl
February 21, 2003
Revised April 21, 2003
SHEET 1 OF 2 SHEETS
THE ARCHES AT BOYNTON BEACH
APPLICATION TO ABANDONN ACATE
EXHIBIT B - UTILITY COMPANY LETTERS
02/25/2003 14:31
9547767508
FE>>-2~~2~e3 09~06 PH
,.,.,)
~
~PL
Radde Itower llilltt COlIIIIHY. t3ZI S. Mil. TlIIll...., Pl....
h~bruftry 1",1003
S luah Drotos &: Asoclltes
, K~S I. Perimeter Road
suire 190
Ft l.auderdale. florida 33309
Rc: ABANDONMENT OF A PORTION OF THAT CUTAIN 10.00 roOT WIDE
. \I.L.EY LYING ADJACENT TO LOTS 1 THROUGH 4 AND LOTS 11
HIROUGH 14. TOGETHER wlm THE NORTH HALF OF SAID ALLEY
I, YING SOUTH OF AND ADJACENT TO LOT S,ALL IN BLOCK '.ORlGINAL
TOWN OF BOYNTON ,ACCORDING TO THE PLAT THEREOF AS
IU:CORDED IN PLAT BOOK 1 PAGE 13 OF THE PUBLIC RECORDS OF
I':\LM BEACH COU~. FLORIDA.
\ Itn : Dbult R. Shah
Fp I has ao obJectloD' to tbe abandonment of tbe above refereactel ....m.nt
,'unllngent UPOD the following:
1. Fpl aeqairiDCIII .ddltlo." easements for any and all exiltIDg or propoled J'PL
facJlldes neee..ary to service any lad aU exiStiDI and proposed fltare
conltruction requiring electricllserviee It the abandoned lite, Thls_ludes but
is Dot limited to 10' ....ments adjacent to botb .idea of aU major thoro....,.res.
~. AU eue.....tI wh.r. FPL facilities exist are Dot considered abudoDed untll.aid
faciliti. .re .e-energized ,relocated IDd lor removed.
:\. Aay IDd 10 COlt reaDltlDg In tbe relocation or removal of FPL radlltla due to
laid .hudon_eat ue paid by the cultomer aud lor property owelf IDd lor
requesUnI party.
I ( you reqlllre uy furtber Information or ulllt.nte, pleue do Dot besltate to
('01. ad me .t (56 ~%-2011
s~ cerel~ ,/
",,, FPl ..... ___1111
PAGE 10
p.el
02/25/2003 14:31 9547757508
02/26/2003 12: 44 ENGR. ;pprnT ~ 195477G7608
PAGE 07
NO.B1G r;JOOl
@ BELLSOUTH
BelISouth Tel~communil:lltiOfts~ 'n~.
En~Oftri.l; ~Illlrtment
2021 So. Military Trail
Room 107
West Palm Beach. FL 33415
Om&:e: 56\-439-9118
Fax: 561-964-3499
February 26, 2003
Bharat Shah, P,E.
SDA & Associatea
1835 S. Pari meter Road
Suite 190
Fort Lauderdale, Florida 33309
Re: The.Arches at Boynton Beach,Vacatlon of a Portion of the 20' Allev
Dear Mr. Shah:
This is to inform you that based on our field meetings BellSouth will provisionally
agree to a Statement of No Objection to the proposed abandonment of the
attached portion of a 20' alley and construction of the Arches at Boynton Beach.
The conditions will include but are not limited to the following:
. A Utility Easement will be provided to support BellSouth's main conduit
system that is underground through the existing alley.
. Relocation costs to rearrange existing telecommunication lines in the
viCInity of the project.
. BellSouth will require conduit structure for future cable placements under
an area of the proposed project where construction of conduit would not
be practical aft~ completion of the Arches Project.
. Vehicular access to the area where the existing BellSouth Manhole is
located twenty-four hours/seven days a week.
Please contact my offioo to discuss the conditions of this concurrence.
~JnY'c I~
Robert C. Lowen
Project Manager Right of Way
Cc: JR Bott, Scott Carl, Doug Hewlett
Attachment
02/25/2003 14:31 9547757508
02/25/2003 10:38 FAX 561G40399~
ADELl'UIA CABLE
Adelphia
Engineering Department
1401 Northpoint Parkway
West Palm Beach. F133047
February 24, 2003
Pat Easley
Shab Drotol & Associates
1835 S. Perimeter Road Suite 190
Ft. Lauderdale, FL. 33309
RE: Letter of Abandonme.ot
i.e, The Arches at BOYDtoB Beach
Portion of20' Alley in Block 7 to be Vacated
Project # 0598
Dear Ms. Hasley:
In reviewing your request on the above ref. project, Adelpbia ( WPB )... has no objections
in tho abandonment of easement to the above description, as long as Adclphia facilities
are granted the proper easement. Any and all cost resulting in the relocation or removal of
Adelphia facilities due to said abandonment arc paid by the customer and / or property
owner and lor requesting party.
Should you have any other questions. please feel free to call me at 1-561-656-8932 / Fax
Nwnbers - 1-561-640~3996 I e-mail samuel.2onzale..1Q)ad.lIDhia.~om
Sincerely,
A~~
SmnuelGon~ez ~
Field Coordinator
Adelphia Engineering Group
PAGE 14
~vv"
02/2612003 14:31 9547767608
02/21/2003 15:58 561839176
FL PUBLIC UTILITIES
PAGE 16
pAGE 02
~ Florida
~ Public
. UUUUes
Company
~
~
P. O. Box 3395
West Palm Be8C~
Florida 33402-3395
February 2 t ~ 2003
,
i
Mr. Bbarat R. Sbah~ IP .E.
Shah Drotos & Aaaoj:iates
1835 S. Perimeter R~.
Suite 190 :
Pt. Lauderdale, F1. ~3309
I
RoE: Petition to abjandon the existing 20' alley between E. Ocean Ave, and S.B. lit Ave. W. of
Federal HWY~ E. ofN.E. 4th St. in Boynton Beach. FL.
Dear Mr, Shah:
Please be advised tb$ Florida Public Utilities Company bas existina gas facilities within referenced
pl'Oposed abandonm..t area. We must, therefore, object to said abIII1domnent unless the following
indicated conditions" met;
.lL A, \'\ll related relocation expeoses will be paid by the petty requesting the
hbaDdonmeot by the date specified by Florida Public Utilities Company,
.1L B. ^ separate easement must be granted to l'lorida Public Utilities Company within
the reftrenced area, All related easement expenses wiD be paid by the party
tequetting abandorunent by the date specified by Florida Public Utilities
fompany.
C. Abandonment of existing facilities within the referenced area j, possible provided
"1 related abandonment costs will be paid by the party requesting abandonment
~ the da1e specified by Florida PubUc Utilities Company,
lfyou have any questfou or if] can be of any further assistance, please contact me at 838-1768,
;zmy,
Frank Studenski
Enlineering Tech
00: DJ~, Pellico
C.C. Canino
THE ARCHES AT BOYNTON BEACH
APPLICATION TO ABANDONN ACATE
EXHIBIT C - SURVEY OF ALLEY
v- POINT OF
BEGINNING
WEST RIGHT-OF-WAY LINE
SOO'02'09"W 126.67' SOO'02'09"W 118.52
.-J stXJT)2'09 151.52
- "'Il'!''I,T ~'q9"'- ""..l\"'iT - - .1ik UNLESS IT BEARS ll<E
FEDERAlJ HlfiHrlA ~ U.S. HIGHWAY NO. , ~~ ~I~~J~E~~D ~~ OF
AN:f STATE ROAD NO. 5 P01NT~F (;:) ~ A FLORIDA UCENSED
100. RlfJHT-oF-WAY..' COMMENCEMENT ~ SURVEYOR AND MAPPER
. ~ ~ THIS MAP IS FOR
_ _ _ _ INFORMATIONAL PURPOSES
pROJECT NO: 02-Q5B8A.OQ CENTERLlNE~ ONLY AND IS NOT VAUD
FILE NAME: X:\CAD\SURYE.Y\059IWJO\SICEICHES\05B8YACA SHEEr 2 OF 2 SHEEIS
O! " A SHAH I ENGINEERING
D.LJ'lI.:"1 D ROTO S SURVEYING
& ASSOCIATES PLANNING
CERTIFICATE OF AUTHORIZATION NO. LB 6456
1835 S. Perimeter Road . Sulte 190. Fl. Lauderdale. Fl. 33309
PH: 954-n6-7604 . FAX: 954-776-7608
SKETCH OF DES~IPTION
PORTION OF 20' ALLEY IN BLOCK 7
TO BE VACATED
ORIGINAL TOWN OF BOYNTON
(PB 1. PG 23. PB(l;R) ~'Og''E
~Q I I 20.00
-\,,~ I NOO'02'OgHE 118.52'
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ORIGINAL TOWN OF BOYNTON
PLAT ~O~K 1~AGE 23 J
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THE ARCHES AT BOYNTON BEACH
APPLICATION TO ABANDONN ACATE
EXHIBIT D - TITLE OPINION
FEB-28-2003 FRI 03:00 PM EDWARDS & ANGELL
FAX NO. 561 655 8719
P. 02
REVISED OWNERSHIP REPORT
Onlcl' Ntl: 51128082LA
Cush)ul~r RcfcH"ICC No:
ThiS will serve to certify that lawyers Title Insurance Corporation has caused to be made il search of the
Public Records of Palm Beach County, Florida, ("Public Records") for the last vesting deed only, as
contnlned in tl'1e office of the Clerk of the Circuit Court of said County, through January 23, 2003, at
8:00 a.m" a~; to the following described reill property lying and being In the aforesaid County, to-wit:
All of Block 7 and All of Block 12, (less the Right-or-Way of Ocean Avenue, and the Right-of-Way of lake
Street, now known <IS Federal Highway, also known as State Road 5, also known as U.S. Highway 1), of
Boynton, according to the Plat thereof, as recorded In Plat Book 1, Page 23, of the Public Records of Palm
Beach County, Florida.
The alley lying South of lots 1 through 7, and North of lots 8 through 14, in Block 7, was dedicated on
the Plat of Boynton, as recorded In Plat Book 1, Page 23, of the Public Records of Palm Beach County,
Florida, to tile public, and no further instruments were found of record as to the alley.
A portion of Block 12 ha:; been rcplatted, LInd is now known 85 lots 1 to 3, of A Portion of Block 12
Original Town of Boynton, according to the Plat thereof, as recorded In Plat Book 15, Page lS, of the
Public Records of Palm Beach County, Florida.
As of the E';ffective elate of this Report the apparent record fee simple title owner(s) to the above describE~d
I-C,ll pl'Opt~tty is/are:
Christine fr,lI1coisi
M G rt of Pillll1 l3euch, Inc" a Florida corporation;
Boynton Shipwreck, Inc., a Florida corporation;
Cobkatl. Properties, Ine" a Florida corporation;
Robert Leif(;:ri
Christine Frl.lnc:ois iJnd Marlsa G, Ritts, as joint tenants with right of survivorship;
Dolphin B43r, Inc., tl Florida corporation;
Clnd Primo Plaza, Inc., i:l Florida corporation
NOTE: See the attached deeds for exact vestings and legal descriptions for each owner.
Th.:} following instruments ilS to the saId real property recorded in the aforesaid Public Records have been
found:
1. Amended Certificate of Title In favor of Christine Francois, recorded in Official Records Book 8558,
Pilge 817.
l. Warranty Deed to Christln~ Fr<lncols, i3 single person, recorded in Official Records Book 10180/
PuSle 236,
3. Warranly Deed to M G R of Palm Beach, Inc., a Florida corporation, recorded In Official Records
Book 4585, Pi'l~~e 668.
4. Warr,')nty Deed to Boynton Shipwreck, Inc., a Florida corporation, recorded In Official Records Book
11660, Page 1928.
5. Warranty Dr~ed to Boynton Shipwreck, Inc" a Florida corporation, recorded in OfficlLlI Records Book
11660, Page 1934.
6. Warranly Deed to Robert leifer, recorded In Official Records Book 7474, Page 54G.
FEB-28-2003 FRI 03:01 PM EDWARDS & ANGELL
FAX NO. 561 655 8719
P. 03
. 7. W~rranty Deed to Boynton Shipwreck, Inc., a Florida corporation, recorded in Official Records Book
11660, Page 1931.
O. W~r(anty Deed to Christine Francois and Marisa G. Ritts, as joint tenants with right of survivorship,
and not as tenMts in common, recorded in Official Records Book 9736, Page 1962.
9. W,Jrri:ml:y Deed to Dolpl1itl Bar, Inc., ~ Florida corporation, recorded in Official Records Book 1392,
P~g(\ 45.
10. Warranty Dc(~d to Dolphin Bar, lnc" a Florida corporation, recorded in Official Records Book 1599,
Pag(~ 566.
11. sp~cial WMr<lnty Deed to Prime Plaza, Inc., a Florida corporation, as recorded in Official Records
Book 9015, Page 1849.
Public Records shall be defjned herein as those records currently established under the Florida Statutes for
th(~ purpose of impm'll!lg constructive notice of matters relating to real property to purchasers for value
flnd without knowledge.
lhis Report showr; only mi:ltters disclosed In the aforesaid Public Records, and it does not purport to insure
or guarantee the validity or sufficiency of any documents noted herein; nor have the contents of any such
documents been examined for references to other liens or encumbrances. This Report 15 not to be
construed as un opinIon, warranty, or guarantee of title, or as a title insurance policy; and its effective
Qi)te shull b~ tile date above specified through which the Public Records were searched. This Report IS
being providp.cI for the use Clnd benefit of the Certified Party only, and it m~y not be used or relied upon by
any other P<:Jrty, This Report may not be used by a Lawyers Title Insurance Corporation agent for the
purpose of issuin~l (I Lowyers Title Insurance Corporation title insurance commitment or policy.
In accordilnce with Flol'ida Statutes S~ction 627,7843 the liability Lawyers Title Insurance Corporation
may sustain for providing Incorrect Information in this Report shall be the actual loss or damage of the
Certined P<llty mimed above up to a maximum amount of $1,000,00.
IN WITNESS WHEREOF, lawyers Title Insurance Corporation has caused this Report to be Issued In
CJcc:ordi.lnce with its Ay-l.aws.
Urwyers Title Insurance Corporation
THE ARCHES AT BOYNTON BEACH
APPLICATION TO ABANDONN ACATE
EXHIBIT E - PCN NUMBERS
Schedule 1
N3mc of Prol'crtY ()wnM
Partelldentifjcati01\ No. Prollertv Addrc!;s
1. MGR or Palm Heach, Inc.
08_43-45-28-03-007-0032 516 East Ocean Aveolle
Boynton Beach) Florida
2. Dolphin Bar Inc.
08-43-45-28-03-007-0112 115 South Federal Hwy
Boynton Heach, Florida
08_43-45-28-03-007-0113 SE 1st Street
Boynton Beach, Florida
3. Prime Plaza, Inc.
08_43_45-28-03-012-0010 211 South Federal Hwy
Boynton Beach, Florida
4, Christiane Francois, a.k,a.
Christina Francois
08-42_45-28-03-007~0031 530 East Ocean Avenue
Boynton Beach, Florida
08-43-45-28..()3-007-0010 101 South Federal Hwy
Boynton Beach, l:lorida
5. Christiane Francois and 08-43-45-28-03-007-0083
Marisn G. Ritts, as joint tenallts
with ri~ht or survivorship
501 SE 151 Avenue
Boynton 'Deach, Florida
08_43_45_28-03-007-0111 5115 Sf. 1st Place
Boynton Heach, Florida
THE ARCHES AT BOYNTON BEACH
APPLICATION TO ABANDONN ACATE
EXHIBIT F - OWNER'S OPTION AGREEMENT
OPTION AGREEMENT
This Option Agreement (the "Agreement") is made and entered into as of thiS.!.~y of
December, 2002 (which shall be the date that the last of Optionor and Optionee have executed and
delivered this Agreement), by and between MGR OF P ALMBEACH, INC., a Florida corporation,
DOLPHIN BAR INC., a Florida corporation, PRIME PLAZA, INC., a Florida corporation, and
CHRISTIANE FRANCOIS, a.k.a. Christina Francois, a single person, and MARISA G, RITTS, a
single/married person (collectively, "Optionors"), the address for which is, for the purposes of this
Agreement, c/o Christiane Francois, 65 Spanish River Drive, Boynton Beach, Florida 33435-3322, and
BOYNTON VENIURES I, LLC, a Florida limited liability company ("Optionee"), the address for
which is, for the purposes of this Agreement, c/o N-K Ventures LC, 319 Clematis Street, Suite 512, West
Palm Beach, Florida 33401, Attn: Mr. ], Kevin Lawler, (Optionor and Optionee are hereinafter
collectively referred to as the "Parties")
RECITALS:
A. WHEREAS, Optionors are, as further set forth on Schedule A and Exhibits A-I, A-2. A-3, A-4
and A-5 the owners in fee simple absolute of the properties more particularly described in Exhibits A-1,
A-2. A-3. A-4 and A-5, attached hereto and made a part hereof, which (as described) encompasses the
entirety of Block 7 and Block 12, Original Town of Boynton, according to the plat thereof, as recorded in
Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida, less and except the lands
this date owned (or thought to be owned) by Robert Katz and Robert Leifer (collectively and as
described, the "Property") a diagram of which is attached hereto as Exhibit B; and
B. WHEREAS, Optionors intend and desire by this Agreement to provide Optionee with an
exclusive option to purchase the Property on the terms and conditions as herein provided.
WITNESSETH:
In consideration of the Option Payment (defined below), of the mutual promises contained
herein, and of further good and valuable consideration, the receipt and the sufficiency of which is hereby
acknowledged by the Parties, the Parties hereto agree as follows:
1. OPTION, Optionors hereby grant to Optionee the exclusive option (the "Option") to
purchase the Property on the terms and conditions as are set forth herein.
2. TERM OF OPTION. The term of the Option shall commence on the day and date set
forth hereinabove and shall continue until its expiration and termination at 5:00 p,m. on December 31,
2003 (the "Term"), unless sooner terminated pursuant to the joint written instruction of the Parties.
Optionee shall not be entitled to receive any interest on the Option Payment (defined below).
3. CONSIDERATION FOR TIIE OPTION. In consideration of the granting of the Option,
Optionors aclrnowledge the receipt from Optionee of the sum ofTen Thousand Dollars ($10,000.00) (the
"Option Payment"). The Option Payment shall be non-refundable except as otherwise provided herein
and shall be deemed to be earned upon acceptance of the Option and this Agreement by Optionors and
shall be in the sole and exclusive property of Optionors. The Option Payment shall be paid directly to
"Christiane Francois", for and on behalf of each Optionor and delivered simultaneously to execution
hereof and will not be held in escrow for the benefit of Optionee. Each of the Francois Entities hereby
aclrnow1edges that it has received good, sufficient and valuable consideration in connection with the
Option, this Agreement. In the event Optionee exercises its right to purchase the Property hereunder, the
Option Payment shall act as a credit towards the purchase Price of the Property. As further consideration
for the Option and the Option Fee, Optionor and Optionee agree to use their respective commercially
reasonable efforts to ratify the tenDs hereof within a more definitive purchase and Sale Agreement by
5:00 p,m. (local time for Palm Beach County, Florida) on December ~ 2002.
4t PURCHASE PRICE, The total purchase price to be paid by Optionee to Optionor for
the Property if this option is exercised shall be _ .,~. -, -' W
(the "Purchase Price"). Upon payment of the purchase Price, Optionor shall deliver
good and marketable title to the Property free and clear of all liens and other encumbrances, except for
taxes for the current year and all years thereafter and other permissible exceptions, In the event Optionee
exercises the Option granted herein, the total amount of the Option Payment made hereunder shall be
credited to the Purchase Price at the Closing.
5. CLOSING DATE AND PLACE. All deliveries required under this Agreement of
Optionor and Optionee shall be made and the transaction contemplated hereby shall close (the
"Closing") at 11 :00 a.m. local time for Palm Beach County, Florida on the earlier of (i) the first day that
is not a Saturday, Sunday or federal banking holiday and that is at least ninety (90) days following the
exercise of the Option or (ii) Tuesday, March 30,2004, or at such earlier time as may be established
upon the mutual agreement of the parties (the "Closing Date"). Completion of the Closing shall be
closed at the offices of Edwards & Angell, LLP, One North Clematis Street, Suite 400, West Palm
Beach, Florida 33401, or at such other place as shall be mutually agreed upon pursuant to the joint
written instructions of Optionor and Optionee,
6. EXERCISE OF OPTION. In order to exercise this Option, Optionee must, prior to 5:00
p.m. on the last day of the Term, deliver to Optionors a letter providing notification of the exercise of the
Option, which requests closing on the Option and delivery of general warranty deeds from Optionors for
the Property no later than ninety (90) days from the date of such notice, Upon notice from Optionee,
Optionors shall be obligated to provide for the sale and conveyance of the Property,
7, SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the
benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns.
The terms "Optionors" and "Optionee" whenever used herein and any pronoun referring thereto shall be
construed in the singular, plural, masculine, feminine or neuter in accordance with the manner in which
this Agreement is executed whenever the context shall require, Optionee may assign any or all of its
right, title or interest hereunder without need of the prior written consent of Optionors, provided the
assignee assumes all obligations under this Option,
8. CONSTRUCTION OF AGREEMENT, This Agreement is to take effect as a sealed
instrument, sets forth the entire contract between the Parties, is binding upon and inures to the benefit of
the Parties hereto and their respective heirs, executors, administrators, successors and assigns, and may
be cancelled, modified or amended only by a written instrument executed by both Optionors and
Optionee. The captions are used only as a matter of convenience and are not to be considered a part of
this Agreement, as such, If and to the extent that any provisions of this Agreement shall be unlawful or
contrary to public policy, the same shall not be deemed to invalidate the other provisions of this
Agreement. This Agreement supersedes and renders void any and all prior agreements between the
Parties with respect to the Property,
-7.-
PMB_203339_2,OOC
9. BROKERAGE FEES. Optionors and Optionee mutually represent and warrant that they
have not dealt with any broker in connection with this Option and that neither Optionors nor Optionee
know of any other broker who has claimed or may have the right to claim a commission in connection
herewith. Optionors and Optionee shall indemnify and defend each other against any costs, claims or
expenses including reasonable attorneys' fees, arising out of the breach on their respective parts of any
representations, warranties or agreements contained in this Section 9. The representations and
obligations under this Section shall survive expiration or other termination of this Agreement.
10. RECORDING OF OPTION. The Parties agree that neither Optionor nor Optionee may
record this Agreement within the Public Records of Palm Beach County, Florida, Optionee shall not
have the right or authority to encumber the Property or to permit any person to claim or assert any lien
for the improvement or repair of the Property made by Optionee.
11. COUNTERPARTS; SIGNATURES BY FACSIMILE, This Option may be executed in
several counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same instrument. In the event that the signatures of either or both of the Parties hereto is
provided by facsimile, such facsimile shall be deemed to be and otherwise treated in all manner and
respects as an original document and the signature of any party shall be considered for these purposes as
an original signature, At the request of either of the Parties, any fax document subject to this Option
shall be re-executed by both Parties in an original form. The Parties hereby agree that neither shall raise
the use of the facsimile machine or the fact that any signature or document was transmitted or
communicated through the use of a facsimile machine as a defense to this Option, or to any document
executed in connection with this option and forever waive any such defense,
(The remainder of this page has been left blank intentionaUy.
Please see next page for all signatures.)
- 3-
PMB_203339_2.DOC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set
forth below.
~
Executed by Optionor in the presence of
the following Witn~. $-
~i-. .~ .
PrintName:~ ~cH-MU{"'~
~ ~~~
P~ ,.........~, ~,'\.
. tName:/~e17"S~ut...~
~..~~
Print e: ........2......~............ -cv-., ~,,\.
/~ Bit"" J<H>-u=<N
~~~~
Print'Name: 'E(.''<"v-o r-.-.. '~"'--
~:.Uffl'" S_u ~
~ -
Pri~:
';:~
,,~~.,,~
Print Name:
Print Name:
OPTIONOR:
MGR OF PALM BEACH, INC" a Florida
corporation "
By: ~~?;t:;--><-L.I .L~
Print Name: CI/A:/.J77/J~l-- nrJAJcA::J/J
Title: ,~CL<"'7
Date: -,;< _ _ - D 2-
duly authorized
DOLPHIN BAR INC., a Florida corporation
By: t:-Lzb2~I/ ~~..,J
~tName: C ~ r"7/~p,G: n/'11JK4...s.
TItle: Scvu. 'd../t:
Date: /,..;l_.5" - v ""2-
duly authorized
PRIME PLAZA, INC., a Florida corporation
By: ~LL;-~ rd~/
~ntName: C2/J17~..v.?' ~fi~/:J
TItle: j?1le~h~. t:h.-:I
Date: /.,1 '\ - 0 2-
duly authorized
~~~~L~
CHRISTIANE FRANCOIS, a.k.a" CHRISTINA
FRANCOIS, a single person
Date: /.;2. 0' 0 .2
MARISA G, RfITS, a single/married person
Date:
PUR ?O::l."t~1l ? one
Dee 05 02, 05: 13p .JU 14 , Mar i e Chavez
, ,DEC-05.20oe THU 08:07 PM 1ARDS & ANGELL
310 1-5342
FAX NO, 5f ~3 7700
p.4
P. {fu
IN Wl1NESS WliHREOF, the Parties hereto bave CAcculed this Agreement as of the date set
forlh below.
Executed by Optionor in the presence of
the fonowing Witnesses:
Print Name:
Print Namc:_
Print Name:
Priot Name:
Print Name:
Print Name:__
Print Name:
Print Name:
'~t Name:
Print Name:
OP1l0NOR:
MGR OF 'PALM. BEACH, INC., a Florida
corporation
By:
Print Name:
Title:
Date:
duly authorized
DOL'PUlN BAR lNe" a Florida corporation
By:
Print Name:
Title:
Pate:
duly authorized
PRIME PLAZA, INC., a Florida corporation
By:
Print Name:
Title:
Date:
duly authorized
CHlUSTIANB FRANCOIS, a.k.a., CHRIS1TNA
FRANCOIS. a single person
Date:
~ fA;vtS .'
MAlUSA G, RITts, a singlelmarricd person
Date: 1'2.-- c; -0 '2......
\" '. \j{' "
'V\lL/'
PMB.,,203339_2.DOC
Executed by Optionee in the presence of
the following Wi
Prin l/~"'t.- f:..AN
~e~~~~~
OPTIONEE:
BOYNTON VENTURES I, LLC, a Flori
liability company ~
By:
Print
Title:
Date: ,
duly authorized
DiAD ')t\~.,"n .., n""",
Name of Property Owner
1. MGR of Palm Beach, Inc,
2. Dolphin Bar Inc.
3. Prime Plaza, Inc,
4. Christiane Francois, a,k.a. Christina
Francois
5. Christiane Francois and Marisa G,
Ritts, as joint tenants with right of
survivorship
Schedule A
Parcel Identification No.
08-43-45-28-03-007-0032
08-43-45-28-03-007-0112
08-43-45-28-03-007-0113
08-43-45-28-03-012-0010
08-42-45-28-03-007-0031
08-43-45-28-03-007-0010
08-43-45-28-03-007-0083
08-43-45-28-03-007-0111
Property Address
516 East Ocean Avenue
Boynton Beach, Florida
115 South Federal Hwy
Boynton Beach, Florida
SE 1 st Street
Boynton Beach, Florida
211 South Federal Hwy
Boynton Beach, Florida
530 East Ocean Avenue
Boynton Beach, Florida
101 South Federal Hwy
Boynton Beach, Florida
501 SE 1st Avenue
Boynton Beach, Florida
5115 SE pt Place
Boynton Beach, Florida
CERTIFICATION OF CORPORATE RESOLUTION AND INCUMBENCY
For this Certification of Corporate Resolution and Incumbency, the undersigned
states as follows:
1, That I am the duly elected, qualified and acting Secretary of Prime Plaza,
f
Inc, created and existing under the laws of the State of Florida (the "Corporation"), and
that, as such Secretary I have custody and control of the corporate seal and records of the
Corporation.
2. That attached hereto as Exhibit A is a true and correct copy of the
resolutions adopted by consent of the sole director of the Corporation, with respect to the
certain sale of that certain commercial real estate located at 211 South Federal Highway
in Boynton Beach, Palm Beach County, Florida 33435 (the "Property") by the
Corporation to Boynton Ventures I, LLC,
3, Set forth below are the names and signatures of the duly elected, qualified
and acting officers and directors of the Corporation, holding on December 5, 2002, the
offices set forth opposite their names:
NAME
POSITION
SIGNATURE
~.z;:,-,~cL-'r~&-2)
Christiane Francois
President, Secretary
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Corporation this _ day of December, 2002.
cLz~~~
Christiane Francois, Secretary
(CORPORATE SEAL)
PMB-.201132_1.DOCJGYOUNG
/'
LAND DESCRIPTION
PORTION OF 20 FOOT WIDE ALLEY
TO BE VACATED
A portion of that certain 20.00 foot wide alley lying adjacent to Lots 1 through 4 and Lots 11
through 14, together with the north half of said alley lying south of and adjacent to Lot 5, all in
Block 7, ORIGINAL TOWN OF BOYNTON, according to the plat thereof as recorded in Plat Book
1, Page 23 of the Public Records of Palm Beach County, Florida, more particularly described as
follows:
COMMENCING at the intersection of the centerline of Ocean Avenue (50,OO foot platted right-of-
way) with the centerline of Federal Highway, also known as U.S, Highway NO.1 and State Road
No.5 (100 foot right-of-way);
THENCE North 88.59'27" West along the centerline of said Ocean Avenue, 50.01 feet;
THENCE South 00.02'09" West along the west right-of-way line of said Federal Highway, 151.52
feet to the POINT OF BEGINNING;
THENCE South 00.02'09" West, continuing along said west right-of-way line, 20.00 feet;
THENCE North 88.59'27" West, 240.03 feet;
THENCE North 00.02'09" East, 20.00 feet;
THENCE South 88.59'27" East, 240.03 feet to the POINT OF BEGINNING.
Said lands lying in the City of Boynton Beach, Palm Beach County, Florida, containing 4801
square feet (0.110 acres), more or less.
LAND DESCRIPTION PREPARED BY:
SHAH, DROTOS & ASSOCIATES
1835 S. Perimeter Road, Suite 190
Fort Lauderdale, Florida 33309
Prepared by: MDR
Checked by: MDR
Project No.: 02-0598A
File Name: X:\cad\survey\0598AOO\Sketches\0598VACA.lgl
February 21, 2003
Revised April 21, 2003
SHEET 1 OF 2 SHEETS
. R UNLESS IT BEARS THE
... SIGNATURE AND THE
t=:J1~ ORIGINAL RAISED SEAL OF
c:io,
POIN~OF ~ A FLORIDA LICENSED
COMMENCEMENT ~ ~~I~f~ I~N~O~APPER
INFORMATIONAL PURPOSES
ONLY AND IS NOT VALID
SHEET 2 OF 2 SHEETS
Cw I "' A SHAH I ENGINEERING
gl ~DROTOS SURVEYING
& Ass 0 C I ATE S PLANNING
CERTIFICATE OF AUTHORIZATION NO. LB 6456
1835 S. Perimeter Rood . Suite 190. Ft. Lauderdale, Fl. 33309
PH: 954-776-760-4 . FAX: 95-4-776-7608
SKETCH OF DEsr. '~IPTION
PORTION OF 20' ALLEY IN BLOCK 7
TO BE VACATED
ORIGINAL TOWN OF BOYNTON
(PB 1. PG 23. PB<tR) NOO"f]I'09''E
~\) I I 20.00
_ ~ _ ________________.___..____.___'m_.."__.._____,.,..
\~G\,; NOO'02'09HE 118.52'
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ORIGINAL TOWN OF BOYNTON
PLAT BOOK 1, PAGE 23
NOO'02 '09 HE-' 00.01 ' - - ..
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POINT OF
BEGINNING
WEST RIGHT-OF-WAY LINE
SOO'02'09"W 125.57' SOO'02'09"W 118.52
~ SOO"02 '09 151,52
---r- ---r---
EAST UNE-1 SOO"02"g9"W EAST UNE-1
lDT 14 FEDERAIJ Hlt!fIWA~ U.s.T 1HIGHWAY NO. 1
ANj STATE ROAD NO. 5
tDO' RIGHT-oF-WAY)
PROJECT NO: 02-D58M.OO CENTERLlNE~ -
ALE NAME: X:\r.AD\SURVE't\059IWX1\SICETCHES\0598YACA
v
REVISED
S1CETCH OF OESCRIP110N
REVISIONS
FB/PG
MOR
MDR
CHICO
MOR 04/21/US
MOR 02/DID3
OWN DAlE
SCALE: '-=40'
~
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