APPLICATION
PROJECT NAME: Mirador
LOCATION: West side of Seacrest Blvd.; South of Hypoluxo Road
PCN: 00-43-45-09-05-001-0010
I FILE NO.: NWSP 06-027 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: SCI Funeral Services of Florida,
Michael Champagne, ASLA Inc.
Miller Land Planning Consultants, Inc. ADDRESS: 1929 Allen Parkway
ADDRESS: 420 W. Boynton Beach Blvd. Houston, TX 77019
Suite201 Boynton Beach, FL 33435 FAX:
FAX: 736-8079 PHONE:
-
PHONE: 736-8838 MiraDor @ Boynton Beach, LLC
CONTRACT PURCHASER
SUBMITTAL / RESUBMITTAL 8/16/06
1 ST REVIEW COMMENTS DUE:
PUBLIC NOTICE/ SIGNS 30 days /10 days 10/14/06 or 9/23/06 with LUAR
IPARC:
TART MEETING: 9/19/06
LEGAL AD
PLANNING & DEVELOPMENT BOARD 10/24/06
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: 11/21/06
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Miraflor\NWSP\2006 PROJECT TRACKING INFO.doc
City Codes Accessed Via Web site
www.bovnton-beach.org
www.amlega1.com/boynton_beach_fl.us
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLICATION FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTIN
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Has applicant attended a pre-application meeting? _Yes
,Date_July
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: Miraflor at Boynton Beach
2. Property Owner's (or Trustee's) Name: SCI Funeral Services of Florida. Inc.
Address: 1929 Allen Parkway. Houston TX 77019
(Zip Code)
Phone: Fax:
3. Applicant's name (person or business entity in whose name this application is made):
Miraflor at Boynton Beach. LLC
Address:
3395 Lake Worth Road. Palm SorinQs. FL 33461
Phone:
Fax:
If contract purchaser, please attach contract for sale and purchase.
4. Agent's Name (person, if any, representing applicant): _Miller Land Planning Consultants, Inc.
Address:
420 W. Boynton Beach Blvd. Ste. 201. Boynton Beach. FL 33435
Phone:
561.736.8838
Fax: 561.736.8079
E-Mail: _Christi@mlpc.net
5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute
is specified below:*
*This is the one address to which all agendas; letters and other materials will be mailed.
6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer,
contract purchaser, etc.)
Contract Purchaser
7. Street address of location of site:
West side of Seacrest Blvd. iust south of Hyooluxo Road. 3691 Seacrest Blvd.
or; . (JL..1 8.
Property Control #(PCN) 00-43-45-09-05-001-0010
9.
Legal description of",.le: See Attached
,,.
10.
Intended use(s) of site:
Condos / Townhomes
11.
Architect:
Boca Archtiects - John Diehl
12. Landscape Architect: Urban Associates - Leo Urban
13. Site Planner: Miller Land Planning Consultants - Bradley Miller
14. Engineer: Glen Hanks Consultinq EnQineers. Inc. - Glen Hanks
15. Surveyor: Dean Surveying and Mapping Inc.
16. Traffic Engineer: Glen Hanks Consulting Engineers. Inc. - Glen Hanks
17. Has a site plan been previously approved by the City Commission for this property?
No
II. SITE PLAN
The following information must be filled out below and must appear, where applicable, on all copies of
the site plan.
1. ' Land Use Category shown in the Comprehensive Plan: HDR
2.. Zoning District: R-3
3. Area of Site 3.87
4. Land Use -- Acreage Breakdown:
acres
168.649.70
sq. ft.
a.
Residential, including
surrounding lot area of grounds
.84
21.6
% of site
acres
b.
Recreation Areas *
(excluding water area)
.04
1.1 % of site
% of site
% of site
% of site
% of site
% of site
% of site
acres
c.
Water Area
acres
d.
Commercial
acres
e.
Industrial
acres
f.
Public/Institutional
acres
g.
h.
Public, Private and Canal rights-of-way
acres
Other (specify)
acres
i.
Other (specifyL
acres
% of site
2
j. Total area of site . 3.87 acres .'6'0 % of site
*including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft.
by 50 ft.
5. Surface Cover
a.
b.
c.
courts.
site
d.
e.
Ground floor building
area ("building footprint")
.84
21.6
% of site
acres
Water area
acres
% of site
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
.04 acres 1.1 % of
Total impervious area
1.23
31.8
% of site
acres
Landscaped area 1 .20 acres 31 % of site
inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of
Landscape Code).
f.
Other landscaped areas,
.56
14.5
% of site
acres
g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding
water areas acres % of site
h. Total pervious areas acres % of site
i.
Total area of site
3.87
100
% of site
acres
6. Floor Area
a. Residential 35 .400 sq. ft.
b. Commercial/Office sq. ft.
c. IndustriallWarehouse sq. ft.
d. Recreational sq. ft.
e. Public/Institutional sq. ft.
f. Other (specify) sq. ft.
g. Other (specify) sq. ft.
h. Total floor area sq. ft.
7. Number of Residential Dwellinq Units
a. Single-family detached sq. ft.
b. Duplex sq. ft.
c. Multi-Family (3 + attached dwelling units)
(1 ) Efficiency dwelling units
3
(2)
(3)
(4)
1 Bedroom
2 Bedroom
3+ Bedroom
40
dwelling units
dwelling units
dwelling units
d.
Total multi-family
40
dwelling units
e.
Total number of dwelling units
5 buildings totaling 40 units
8.
Gross Density 10.8
dwelling units per acre
9.
Maximum height of structures on site
43'2"
feet
2
stories
10. Required off-street parking
a.
Calculation of required # of
off-street parking spaces.
Off-street parking spaces
provided on site plan
80
=
80
=
=
b.
Calculation of required #
of handicap parking spaces
2
=
Number of handicap
spaces provided on site plan
2
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.
4
To the City Clerk - City Of Boynton Beach
AFFIDA VIT
RE: Property Address:
Project Name:
File #:
I/We, the undersigned do certify that to the best of my knowledge, the attached ownership list, 400'
radius map and mailing labels are a complete and accurate representation of the real estate property and
property owners within at least 400 feet of the above-referenced subject property. This reflects the most
current records on file in the Palm Beach County Property Appraiser's Office.
The notifications were postmarked a minimum of 10 days in advance of the public hearing.
Site signs were posted on the premises 10 days in advance of the public hearing in accordance with City
Ordinance 04-007. Attached are photographs of the signs showing their placement on the property.
'J;}t-tr& / l~.,.--'-
Notary Pubtk,'~jje of Florida
Cc: Planning & Zoning Department
6
III. CERTIFICATION
(I) ryve) 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) ryve) 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.
Signature of Owner(s) or Trustee, of
Authorized Principal if property is owned by
a corporation or other business entity.
Date
;1 /1 ~ /z VO'&
Date ( !
IV. AUTHORIZATION OF AGENT
D~ Md/k--
uthorized Agent
Date
(I) (We) hereby designate the above-signed person as (my) (our) authorized agent in regard to
this application.
Signature of Owner(s) or Trustee,
or Authorized Principal if property is owned
by a corporation or other business entity.
Date
OR
,~-
re of contract purchaser (if applicant)
~) lzu06
Da I
A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW
COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO
REVIEW THIS PROJECT.
8
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that
all plans, specifications, drawings, engineering, and other data submitted with this application for review by the
City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties
designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall
rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and
substantial.
The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data
which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be
constructed in strict compliance with the form in which they are approved, and any change to the same shall be
deemed material and shall place the applicant in violation of this application and all approvals and permits
which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the
applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense,
claim, lia lity or any action which may arise due to their enforcement of the same.
Witness
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D, ACKNOWLEDGED AND AGREED TO this
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~,"c,4, LLC ~
9
LEGAL DESCRIPTION FOR MIRAFLOR OF BOYNTON BEACH
SITUATED IN THE CITY OF LANTANA, COUNTY OF PALM BEACH AND STATE OF
FLORIDA, AND KNOWN AS BEING A PART OF THE REPLAT OF PART OF LINCOLN
OF LINCOLN MEMORIAL GARDENS AS RECORDED IN PLAT BOOK 25, PAGE 225,
AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL OF
LAND AS CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORATION IN
VOLUME 4784, PAGE 360, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY
LINE OF SEACREST BOULEVARD, A VARIABLE WIDTH PUBLIC RIGHT OF WAY;
THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT;
THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT;
THENCE, NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46"EAST, 148.72 FEET TO A POINT;
THENCE, NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT;
THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.81 FEET TO A POINT;
THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46" EAST, 81.83 FEET TO A POINT;
THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE WEST RIGHT
OF WAY LINE OF SAID SEACREST BOULEVARD, SOUTH 02 DEG. 29' 14" WEST,
161.27 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.87 ACRES (168, 650
SQ. FT.) OF LAND.
GLEN HANKS CONSULTING ENGINEERS, INC.
CIVIL AND TRAFFIC ENGINEERING
August 15, 2006
City of Boynton Beach
Engineering Division
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Attn: Lorenda Logan, P.E.
RE: Drainage Statement for
Miraflor at Boynton Beach
Seacrest Boulevard
Job No. 060702
Dear Ms. Logan:
This letter certifies that the drainage system proposed by this office for the above
project will conform to city, state, and national rules, regulations, codes, and statutes
pertaining to the treatment and disposal of storm water and be designed using sound
engineering principles. In particular the proposed drainage system will be designed in
accordance with Chapter 6, Article IV, Section 5 of the Land Development Code, the
City's Engineering Design Handbook and Construction Standards, and the SFWMD Basis
of Review.
Key features of the drainage system are:
. Runoff from the 25 year - 3 day storm will be contained onsite.
. The finished floor elevation of the structures is set above the flood stage
predicted from the 100 year-3 day storm and above the FEMA 100 year flood
elevation.
. Water quality treatment is provided in dry retention areas.
. Pavement elevations are set at or above the predicted flood stage for the 3 year
- 1 day storm
.
I trust this letter fulfills the City's requirements. If you have any questions regarding the
engineering design please contact me.
Sincerely,
/#;J ///;/ .
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Glen A. Hanks, P.E., PTOE
FL Reg. No. 53852
7522 WILES ROAD STE. 203-8 · CORAL SPRINGS. FLORIDA · 33067
PHONE: 954-752-8860 · FAX: 954-752-8869
EMAIL: GHANKS_ENGINEER@8ELLSOUTH.NET
CERTIFICATE OF AUTHORIZATION #26034
GLEN HANKS CONSULTING ENGINEERS, INC.
CIVIL AND TRAFFIC ENGINEERING
August 8, 2006
Palm Beach County
Engineering and Public Works
2300 North Jog Road
West Palm Beach, FL 33411
Attn: Masoud Atefi
RE: Traffic Study
Miraflor at Boynton Beach
Proposed 40 Unit Townhouse Project
Sea crest Boulevard
City of Boynton Beach
Job No. 060702
Dear Mr. Atefi:
This traffic study was prepared to demonstrate that the proposed construction of
40 townhouse units on a 3.5 acre parcel in the City of Boynton Beach complies
with Palm Beach County's traffic performance standards. Using the county's trip
generation rates, the proposed 40 townhouses result in insignificant impacts to
the surrounding roadway network.
Executive Summary
The proposed residential development by Buena Vista Town homes is located on
the west side of Seacrest Boulevard, south of Hypoluxo Road, on 3.5 acres of
presently vacant land.
Existing Conditions - Background Information
The 3.5 acre property is located on the west side of Sea crest Boulevard south of
Hypoluxo Road, opposite Mentone Road. Adjacent to this project, Seacrest
Boulevard is a 5 lane facility and identified on Palm Beach County's Thoroughfare
map as requiring an 80 ft. right of way. The intersection of Sea crest and
Hypoluxo is signalized. Palm Beach County's current year traffic counts (2006)
indicate Sea crest currently has 1114 and 1655 am and pm peak hour trips and a
12% annual growth rate. The listed LOS D service volume for a 5 lane road is
3110 vph. Presently Seacrest Boulevard operates below capacity.
75?~ WILES F~OAD 5n.. 203-[ 3 . CORAL SPRINGS, FLORIDA. 33067
PHONE: 954-752-8860 . FAX: 954-752-8869
I::MAIL: GHANKS_ENGINEER@BELLSOUTH.NET
CERTIFICATE OF AUTHORIZATION #26034
Miraflor at Boynton Beach
Traffic Study
August 8, 2006
Page 2
Access
Individual townhouses will access a private, on-site roadway which is proposed to
connect to Seacrest Boulevard.
Proposed Development
The developer proposes constructing 40 townhouses on the subject property.
The expected build out of this project is within 3 years.
Trip Generation
Developing this parcel to the intensity indicated would result in 280 daily, 25 AMP
and 28 PMP trips, as shown in Table 1.
Table 1 Trip Generation
Dail
7
280
Condo/TH (Fee Simple)
AM Peak Hour
40 Dwelling Units __
Condo/TH (Fee Simple)
40 Dwelling Units
4
21
25
Grand Totals:
4
21
25
PM Peak Hour
40
Rate/E uation
Land use
Condo/TH Fee Simple)
Ln T) = 0,82 Ln(X) + 0,32
Capture of Pass-by Trips
Pass by capture is not applied to residential developments
Trip Distribution
Trips are evenly distributed to the north and south of this project.
Trip Assignment
Half of the trips generated by this project (12 amp and 14 pmp [two-way
GLEN HANKS CONSULTING ENGINEERS, INC.
Traffic Impacts
Project related traffic is less than 1% of the LOS D service volume (3110 vph) for
Seacrest Boulevard north and south of the project driveway. As project related
traffic is insignificant and the link volume at build out is less than the LOS D
service volume, additional intersection analysis is not required.
GLEN HANKS CONSULTING ENGINEERS, INC.
Miraflor at Boynton Beach
Traffic Study
August 8, 2006
Page 4
As traffic impacts from the proposed development are insignificant on the first
project accessed link this project passes Test-one part one. Part 2 of test one
requires the analysis of links and major intersections where a project's traffic is
significant. As this project's traffic is insignificant and Seacrest Boulevard is
expected to have peak hour two way volumes less than LOS D service volumes,
this project passes part Two of Test One of Palm Beach County's Traffic
Performance Standards.
There are no links with significant project volume violating the Model Test. This
project passes Test 2.
Conclusion
The traffic generated by the proposed development of 40 townhouses on the
subject parcel in Boynton Beach does not represent a significant increase in
traffic volumes to the roadway network and meets Palm Beach County's Traffic
Performance Standards.
If during your review you require additional information please feel free to
contact me. I will be happy to provide it.
Sincerely,
0/'~ ~'..- .
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Glen A. Hanks, ~"),E., PTOE
FL Reg. No. 53852
GLEN HANKS CONSULTING ENGINEERS, INC.
CONTRACT PURCHASER AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
----------------------/
BEFORE ME THIS DAY PERSONALL Y APPEARED Hector R. Sardina, President of
Buena Vista Homes of the Palm Beaches, Inc., and Managing Member of Miraflor at Boynton
Beach, LLC WHO BEING DULY SWORN, DEPOSES AND SAYS THAT:
1. Buena Vista Homes of the Palm Beaches Inc. has entered into an Earnest Money
Contract with SCI Funeral Services of Florida, Inc. whereby Buena Vista Homes of the
Palm Beaches, Inc., and lor its assigns agrees to purchase that certain tract ofland
containing approximately 3.93 acres located on the south side of and adjacent to Palm
Beach Memorial Park, 3691 Seacrest Boulevard, Palm Beach County, Florida more
particularly described in Attachment A.
2. Miraflor at Boynton Beach, LLC is an entity, which is under the same controlling interest
as Buena Vista Homes of the Palm Beaches, Inc. to which said Earnest Money Contract
will be assigned.
3. Said Earnest Money Contract is in effect and allows Miraflor at Boynton Beach, LLC to
obtain Governmental Approvals for the development of the above referenced real
property as Contract Purchaser.
4. Said Earnest Money Contract and all provisions contained therein are strictly
confidential. Buyer and Seller are responsible for ensuring that the Earnest Money
Contract and all provisions therein are kept confidential by their respective officers,
agents, directors, employees, attorneys, brokers, contractors, affiliates, vendors and any
other person retained in relation to said Contract.
FURTHER AFFIANT SA YETH NOT.
-fh ~'1' /i1,.,
e t w aC'~owledged before me this Ib day of. · "tii , 20~
Ja ' (Name of Person Acknow edging) who is
own me or who has produced . (type of
as i~entification and who did (did not) take an oath. 1ft
.~'\.---
Affiant's Signature
rinted or Stamped)
\-\ p r -\. <9 r \2 ~ S::.R- ,d. j'V1, f.\--
Affiant's Name (Print)
3 ~9 c::; L A-lLE:.. u<:9:-tk ~. S-\-e b
Street Address
-
.I ..."...., MAGPJ.Y M HERNANDEZ '
~ ~~'~~.~v PIJt,>-. Notary PubIlc . state of Florida
. €.'Jl · , : ElcpB.b\26.2007
s
t \~ oJR.l c II 00227281
I ",:t,w.r..<J;-" Bonded., NallanCIl NakIy Alan.
r~l~ ~t""\(l~C=1 tL- 33t-/c;(
City, tate, ZIp Code
Telephone (s:j) "'7 ! ? - 0,/ Z?
EXHIBIT A
LEGAL DESCRIPTION FOR MIRAFLOR OF BOYNTON BEACH
SITUATED IN THE CITY OF LANTANA, COUNTY OF PALM BEACH AND STATE OF
FLORIDA, AND KNOWN AS BEING A PART OF THE REPLAT OF PART OF LINCOLN
OF LINCOLN MEMORIAL GARDENS AS RECORDED IN PLAT BOOK 25, PAGE 225,
AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL OF
LAND AS CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORATION IN
VOLUME 4784, PAGE 360, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY
LINE OF SEACREST BOULEVARD, A VARIABLE WIDTH PUBLIC RIGHT OF WAY;
THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT;
THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT;
THENCE, NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46"EAST, 148.72 FEET TO A POINT;
THENCE, NORTH Ol DEG. 01' 59" EAST, 12.00'FEET TO A POINT;
THENCE, SOUTH 87 DEc}. 30' 46" EAST, 326.39 FEET TO A POINT;
THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.81 FEET TO A POINT;
THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46" EAST, 81.83 FEET TO A POINT;
THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE WEST RIGHT
OF WAY LINE OF SAID SEACREST BOULEVARD, SOUTH 02 DEG. 29' 14" WEST,
161.27FEET TO THE POINT OF BEGINNING AND CONTAINING 3.87 ACRES (168, 650
SQ. FT.) OF LAND.
STATE OF TEXAS
COUNTY OF HARRIS
----------------------/
CONTRACT SELLER AFFIDAVIT
BEFORE ME THIS DAY PERSONALLY APPEARED Curtis G. Briggs, Vice
President of SCI Funeral Services of Florida, Inc., WHO BEING DULY SWORN,
DEPOSES AND SAYS THAT:
1. He is the owner, or the owner's authorized agent, of the real property legally
described in Attachment A;
2. SCI Funeral Services of Florida, Inc. has entered into an Earnest Money Contract
with Buena Vista Homes of the Palm Beaches, Inc. to sell and convey that certain
tract ofland containing approximately 3.93 acres located on the south side of and
adjacent to Palm Beach Memorial Park, 3691 Seacrest Boulevard, Palm Beach
County, Florida more particularly described in Attachment A, to Buena Vista
Homes of the Palm Beaches, Inc., or any entity in which Buena Vista Homes of
the Palm Beaches, Inc., or the controlling interest of Buena Vista Homes of the
Palm Beaches, Inc., has a controlling interest.
3. Said Earnest Money Contract is in effect and allows Contract Purchaser to obtain
Governmental Approvals for the development of the above referenced real
property.
4. Said Earnest Money Contract and all provisions contained therein are strictly
confidential. Buyer and Seller are responsible for ensuring that the Earnest Money
Contract and all provisions therein are kept confidential by their respective
officers, agents, directors, employees, attorneys, brokers, contractors, affiliates,
vendors and any other person retained in relation to said Contract.
FURTHER AFFIANT SA YETH NOT.
The f, egoing instru.fll~t was acknowledged before me this \f-\~day of 4+- ,20 b(.,. ,
by "0-('" "/ G, .~, "::> (Name of Person Acknowledging) who is
ersonally known to me or W 0 has produced (type of
id l' IC tlio s i . 1 on and who did (did not) take an oath.
, ~,&A~- t. -7- ~~
'.t1. ;Z/U;!. . , -
(Si .' 0 s g knowled~.ent) . " 0 Signature
~"-~.. '(':'0~ \+"'" /f\.)<:s\-> 'I
~(-7,fl~4~ /4-" u/C:/"n'PVL U4'l7> ? &/;;{'/~
(Name of Aclmowledger Typed, Printed or Stamped) Owner's Name (Print)
j!(L-~ {/)z~'v-c~T ltf7C; #rS?l,} rl:aq
(Title or Rank) I Street Addrest
/~t:/~!7J1-J 't-z/ 770((
CitY, St~e, Zip Code
(Serial Number, if any)
ANGELA K. DALTON
NOrMY PUBUC
STAlEOflEXAS
tIf CQMM. EllPlIIES oB/02l2l109
..
(Notary' Seal)
Telephone (71:V-S--25 - 5'2-77
EXHIBIT A
LEGAL DESCRIPTION FOR MIRAFLOR OF BOYNTON BEACH
SITUATED IN THE CITY OF LANTANA, COUNTY OF PALM BEACH AND STATE OF
FLORIDA, AND KNOWN AS BEING A PART OF THE REPLAT OF PART OF LINCOLN
OF LINCOLN MEMORIAL GARDENS AS RECORDED IN PLAT BOOK 25, PAGE 225,
AND FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A CAPPED PIN FOUND IN SOUTHEAST CORNER OF A PARCEL OF
LAND AS CONVEYED TO PALM BEACH COUNTY CEMETERY CORPORATION IN
VOLUME 4784, PAGE 360, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY
LINE OF SEACREST BOULEVARD, A VARIABLE WIDTH PUBLIC RIGHT OF WAY;
THENCE, NORTH 87 DEG. 30'46" WEST, 857.45 FEET TO A POINT;
THENCE, NORTH 01 DEG. 01' 59" EAST, 196.13 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30'46" EAST, 176.44 FEET TO A POINT;
THENCE, NORTH 01 DEG. 01' 59" EAST, 19.03 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46"EAST, 148.72 FEET TO A POINT;
THENCE, NORTH 01 DEG. 01' 59" EAST, 12.00 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46" EAST, 326.39 FEET TO A POINT;
THENCE, SOUTH 01 DEG. 01' 59" WEST, 2.74 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46" EAST, 33.81 FEET TO A POINT;
THENCE, SOUTH 01 DEG. 01' 59" WEST, 156.13 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46" EAST, 81.83 FEET TO A POINT;
THENCE, NORTH 02 DEG. 29'14" EAST, 93.00 FEET TO A POINT;
THENCE, SOUTH 87 DEG. 30' 46 EAST, 92.00 FEET TO A POINT ON THE WEST RIGHT
OF WAY LINE OF SAID SEACREST BOULEVARD, SOUTH 02 DEG. 29' 14" WEST,
161.27 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.87 ACRES (168, 650
SQ. FT.) OF LAND.
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WARRANTY DCto .
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FORM A...! IPHOl;oST:-'n-
'RANCO
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litis ~arranty Jeed . Mod. a..eI m~"lorl II.e 17th ,cuy ~f
LLNCOLN MEMORIAL GARDENS, INC.
a corporal/on' oxlslinll ,,,,do, Ih. lows of Florida,,' '~, ~,:. and J.a,.lno II. Jlrindpal place of
1""lnoso.af r.D. ~... III'. f!,.~ynlo~ IJ..~J.. FL,:z.3l/~. ~
Iluroj'wff.r call",II/.~ llr~nl.or, 10 PALM BEACH CEMETj'iRy CORPORATION
January . A. D. 1086 (,y
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",hoso "~(!lcp Ot/el,ps,,' /. p 1-(;/ "'~^+- "fV"C.""u... ".
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u... ........./\:.:{"w....'f'u.r. lI~d .'fr'rin the' tnm, "lIr1o"'l't" ",rllJ "1lT.anl~,." i,.,.lt.lrl<!' "I II... p~r1iu to .hi. inllrumcnt and
'-~. r"'~~C' hrifl, 1C'1Il.d rrrlrC',<"n'I,lvrl and aulJlrll uf intjj"idlPh. and the 'll~i'Onl" and IttiRnJ "I C"r'lrpnl'2oliorn1
" "llllttie~Stt~: Tho, 'II... urorll"r. Jor onel in con.iderallon of .hc sum uJ $ , 10.0'0 "hd o/ha,
"III11u/'/c pot;sl{.(r~iO"', ,';cei", ",1.ctl'''f /, 't"'eby 'J<:knurvl..rllluJ. by 11'.'0 ".e.onl. dap" granl, [,"'lJaln, .en.
olien. '"mi~~,UcJ~-;;S". call1'oy 0,;,1 confirm ""/0 tl,c uranlee, "If 11101 urtaln land sllualo In Palm Beach
Counly, Florida. (tl~?.... 0
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A~k:~~~~he Re-plat of, Part of LINCOLN MEMORIAL
GARtEWs' according to the Plat recorded in Plat
Book'"':2S;",at Page 225, as recorded in the Public
~ecor~!il.;.~1 "Rii1m Beach County, Florida and land
5ituat~/~ing and being located in Palm Beach
County;VF;L"eo};,ida , ,. .' '.
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WI fIll' oralllot 11('rp.l,y p.ouf'nanls wt'il:( s.af~\ ;':ntlt(t~ IIlal if is lawfully sC?i'::l!,1 of ~iCld !anJ. .,n r~o .
slmpl", Iltpl it I.as aaoel rif/I.l ...d lawfu/ a"~ri..i:tn: ~,:/l .nd ~orll'oy .ai,llan,l: Iltal tl I.erob] fully wor- ,
ranis thc /itl" (0 .aid ,,,,,,/ ."'/ W.II dcfc..d rl~9(lml' Iliaimt 11." luwf ul claim.. of 011 person. wJ.oms<!oV.r:
1 II d f I \\ ., ,,~
olld llnf ,,,it on i" . rp(? of 01 on"[jml,rao~(" .(-".!l!"~',~at tac.hed Exhibit A-l.:..-~
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ICOR~OR^TE SEAll
. ness ~her~ft lh. uron'or '.as ~au.cJ 11.... pre.."t; to
1n in if< namp t ':It~r.cj?m~ro'" Spa I /" b. l,"rpunf. affixed, by iI,
k.," Il,.rrr 0 duly a(.r!;?!jjr",[,dl~ Jay and ypo, firsl "ball" wrWen,
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L~~~,MEMORIAL GARDENS, INC.
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STA Tf. OF
COUNTY 01'
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FLORIDA
PALM BEACH
. . l')~~~!._'e~ .~~.tt"rr\' dul .,,, lhl, <i.y. Ix-fffl"'e m,., an. f1Uio-,. dull' .UI'H.,ind in I},,. Sr'-It .nd (:.1m",. ,doruaid ..~l) I."e .tll"owrrdlCm~"..,
",')~~.~lIL,...~',,:,"" '1:holllBs E. Dyer and Elliot Weinberg
:'::- r' ,..: \ C'\"i '. '1 ":"'. '. -,
. c':.' ~U'lno..n 'I~: In,( ;~I~~',~ ~:M J~I,."tdrllt unl Asst ~ Secretary 'rf"~rli"'t'lr nr . ,lit' ~Of1lb"ujon n.t:Q.(d ... IfflllnlClf
~i~ ...0: fort'lol"~ d'~~! .~It~: rhac I~Y w~'rr.lly ..rknnwlt'dvn f''C-f'Cuti':'R diP.' lAm' in t'Ut' J'rnlnn (J! hou ~lN::I'"ILjnR '\lrilnn.s.e-, ".ttl,. and ,"olu'n1arlly
\ln~ 1..tJ;1~rilf tylt:,,-ntt'd. .n lhrm I,,. ~ill eu'po~;Ilittn .nd thai Ilu' .e.l...r..c:d lhuorln il IlK Irut" tGrpo'at~.leu ul laid Itwporal;nn.
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~IJ>.. .W.~.t.~ SS. ?J~.h.j,d and Drfid.l ......t in lit(' C>ltJlll,. and Slill(' I...t .IOJ~I.id ,hi. 17th day ar January. A. n. 19 86
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My Comll1ilJion Expi'es ApIa 8.' hJi
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A. Budd Cutler, Esq.
Cohen, Shapiro, et al.
444 Brickell Ave. r t900
Miami, Florida
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Subject to the dedication of suchXand as Lincoln Memorial
Gardens Cemetery: V::::?~,~
Subject to taxes subsequent to th~:;'~<")A984:
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Subject to zoning laws and all othen~~~~~ rules and
regulations of governmental entities exercising Jurisdiction
over said lands:
Subject to the rights of way of all streets or other public
thoroughf~res, if any, 'traversing said premises:'
Subj~ct to the areas of utility easements, if any;
Subject to such a state of facts as a
of the premises might disclose.
survey or inspection
~ RE'CORDVERIfI!D'
PALMBEACl-! COUNTY. FLA
JOHN S, DUNKLE
CLERK CIRCUIT COllR'"
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EXHIBIT A-I - LINCOLN MEMoin'AL - Page 1
,""
Nov 07 2006 6:02PM
FI' 'ICE' REAL ESTATE
(561 - '64-7891
EARNEST MONEY CONTRACT
This Earnellt Money Contract ("C01l.b'act") is ntered lata as of the Effective Dete (99 hereinafter
defmed) by and between SCt FUNERAL SERVICES OF FLORJDA, INC., 8 Florida COlpOtation ("Seller")
and BUENA VISTA HOMES OF THE PALM BEACHES, INC. , a Florida corporation ("Buyer");
WIT N E SSE T H:
For and in consideration of the mutual promises herein cQutained and other good and valuable
consideration, the yeteipt and sufficiency of which Ire hereby acknowledged, Seller hereby agrees to sell
and convey to Buyer. and Buyer hereby agrees to purchase from Seller. that certain tract of land containing
approximately 3.93 acres located on the south side of IIDd adjacent to Palm Beacb Memorial Park, 3691
Seacrest BouJevlIId, Pahn Beach Cmmty, Florida more particularly described in Exhibits A and A-I
attached hereto and made a part hereof (whic~ description shall be modified to conform to the description
set forth on the Survey (provided fe;: in Section 4(c) MllIof), together with aU of SeI18r', right, title and
interest in and to anyellscmenta, rights.of-way or other interests in, on or to the described land tDgCtl1er
with all improvements located thereon, all and singular, and the rights and appurtenances pertaining thereto
(the l~d and other property and rights which are described in this paragraph and whicb are being conveyed
to Buyer pursuant to this Contract are herein together referred to all the "Property") free and clear of all
liens, claims, encumbrances. casements, rights-of-way, resc[Vations, restrictions, outstaoding mineral
interests and other matters affecting the Property or the title thereto except for the Permitted Exceptions (as
defined in Section 6(a) hereot), for the price and upon and subject to the terms, provisions and conditions
hereinafter set forth. ~ _
1.
SALE PRICE: _
......
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2.
:EARNEST MONEY: Upon execution of this Contract by both parties, Bllyer shall
__ in the ronn of a c:crtifiod or cuhier's check or
,deposit _
",ire transfer ("Elmat Money") with
. The effective date (n6ffecti~ Date") of this Contract shall be the date whea1he fully executed
Contract is de-livered to tile Title Company with the Eaunlllt Money and 1I1e Seller's Board of DiteCtOlS bas
approved the sale in accordance with the terms and conditions reflected in this Contract and Seller delivers
Dotice ofaucb approval to Buyer and the Title: Company. TI1e Earnelt Money .shall be invested by the Title
Company in an interest bearing account with aD institution reasonably acceptable to both Buyer and Seller.
Any intefclt earned on the account sball become additional Eamest MOlley. At Closing, the Earnest Money
shan be applied to the Sales Price.
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Nov 07 2006 6:02PM
F l'iCE .. REAL ESTATE
(561~ 64-7891
3. CLOSING: (11) The dosing of the sale ("Closing") sball take place at the offices of
the Title ComplU1Y on a mutually agreeable date within fifteen (15) calendar days following the ex.piration
of the Due Diligence Period or extensioN thE:
the actual date on which the Closing occurs being hen:in referred ro II the closing date ("Closing Date").
provided, however, the Closing Date ,hall be delayed one (1) calendar day for each calendar day Seller
causes Buyer I delay during the Due Diligenc:c Period as provided in Section S (e) below.
(b) SELLER'S CLOSINC RESPONSIBILITIES: At tile Closing, Seller shall deliver or
cause to be delivered to Buyer or the Title Company, aa the case may be, tile fonawing:
(i) A good and sufficient special warranty deed ("Deed") granting and conveying 10
Buyer good and indefeasible title in fee simple 10 the Property subject only 10
the Permitted Exceptions 88 provided for in Section 6(a) of this Contract Ind the
Use Restrictions set out in Exhibit B hereto;
(ii) An Owner's Tide Insuraocc Pclicy in favor of Buyer dated .. of the Closing
Date showing fee simple title to the Property to be vested in Buyer subject only
to the Pennitted Exceptions and the Use Restriction;
(iii) Evidence of Ssller's capacity and authority to close this transaction;
(iv) A non-foreign penon affidavit pursuant to Section 1445 of the Interoal Revenue
Code, as amended;
(v)
PaymentQf' s.cUcr's e~8es as ncccs.ary.to t:IOIJf,this ~~~~\. ." ';"~
'.....". "I' ~,~: ., ....'.;.
Other documents duly executed reasonably necessary to close this tIausaction;
*" '
(vi)
(vii) 103] Exchange oocumeatllas Seller shall elec:t;
(viii) Setler's settlement statement.
(e) BUYER'S CWSING JlJ:SPONSIBIUTIES: At the Closing, Buyer sball deliver OJ
cause to be delivered to Seller Of'tbe Title Company, 85 the case may be, the following:
(i) Balance of the Sales Price;
(ii) Payment of Buyer's expenses u neceaslll}l to cLose this transaction;
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Nov 07 2006 6:02PM
FIr ICE L REAL ESTATE
(561)
64-7891
(Hi) Other documents duJy e~ecuted reasonably necessary to close this transaction;
(iv) 1031 Exchange documents as Buyer shall elect;
(v) Buyer's settlement statement.
4. CONDITIONS PRECEDENT TO BUYltR'8 OBLIGATIONS; Each of the
following are conditions precedent to Buyers obligation to purchase the Property pursuant to this Contract:
(a) DUE DILIGENCE: Buyer shall hay from the Effective Date
("Due: Diligence Period") to perfonn any reasonable and customary nondestntctive feasibility studies.
inspections. tests and environmental assessments of the Property and to initiate any requesa and file
applicatiOl15 to seclU:C GovCl'DJDCntaJ Approvalt a. described in Section 6(a) below that Buyer deems
appropriale in Buyer's so]e discretion ("Due Diligence").
_ If during the Due Diligence Period, Buyer fands any information or condition(s) concerning the
Property which information or conditions(s) arc objectionable to Buyer within Buyer's sole discretion or, if
, Buyer elects for any or no TC8SlJD not to proceed with the purchase oC the Property, Buyer may terminate
this Contract by written notice: to Seller delivered prior to 1he end of such Due Diligence Period and the
Earne.t Money will be returned to Buyer. If prior to the expiration of the Due DiliKence Period, Buyer
elects to waive all collditions to the Connet or waives Buyer', right to terminate the Contract, the Bamoat
Money shall be nonrefundable to Buyer and the 801e property of and delivered by the Tide Company
. directly to Seller and said amount shall be applicable to the Sales PIice in the event of a timely Closing.
(b) TITLE COMMITMENT: SeDer &hall, \\itbin fifteen (IS) calendar da}'! after the
Effective Date, obtain from the Title Company and deliver to Buyer, at Seller's sole cost 8JId expeIlSe a
commitment for title insurance in the amount of the Sales Price ("Conunitment") for a standard AL T A
Owner's Title Insurance Policy to be issued by the Tide Company (Oaether' with copies of all recorded
instruments affecting the Property shown as exceptions in the Commitment.
(c) . SURVEY: Buyer shall obtain and deliver to Seller and the Title Company within thirty
(30) calendar days following the Effective Date an update ofSelJer's existing surveyor a new survey or the
Property ("Survcry'lprcpared by a sUl'Veyor ("Surveyor") licensed to do business in the State of Florida and
be reasonably acceptable to Seller, paid for by Buyer, which Survey studl be certified to Seller, Buyer and
the Tide Company and shall be sufficient to cause the Title Company to delete, at Buyer's cost and
expense, tru: priJJted exception for "discrepancies, con1lictl or shortages in area or boundary linea, or
encroachments, or any overlapping of improvements" ("Survey Exception") in the Owner's Title IJ18UIBoce
Policy to be delivered to Buyer at the Closing. The Survey sball be a ALTAlACSM .survey pn:parc:d in
accordance wid1 "Minimum Standard Detail requirementl for ALTAlACSM Land Title Surveys,
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Nov 07 2006 6:02PM
Fl' "lCE .. REAL ESTATE
(581' :84-7891
5.
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(b)' BUYER'S DUE DIUGENCE OBLIGATIONS: Buyer agree' 10 perfDrm all Due
Diligence concerning the Property within the Due DiligCllCC Period. In 1l1is regard, Buyer or IUs designated
agcntsmay enter upon the Propmy .ftor twenty four (24) boUlS prior notice by telephone In
far purposes of performing such Due Diligence. ,. L
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Nov 07 2006 6:02PM
Fl' ~CE L REAL ESTATE
(561' ~64-7891
(c)
~
6. OTHER AGREEMENTS: <a) TITLE INSURANCE COSTS; TITLE
APPROVAL; SURVEY APPROVAL: ~ I ,
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(b) PROPEIlTY CONDmON; AS IS, WHERE IS: Buyer acknowledges and agrees
that Buyer fa experie.ced in the aequisition, development, ownership and operatiod of properties
amll.,. to the Property and Chat prior to the aMinl. Buyer will have perfol'1l1led Due DllIlence to
Buyer'. sole .atlsfaction. Bllyer acknowledlell and ....... th.t Buyer is I"clylnc on Buyer's (Cll"
Buyer'. represeotatives') Due Dilipnee of ~e Property and lIot UpOIl auy ltaUlDeab (oral <<Ir
written) which may haYe bee. made or may be made by Seller or .ay 01 Seller', rep...eotativ.. AI
a material part of the conslderaUon for th.. Contract, Bu)'CI" bereby agrees to accept t.e Property on
the Clollnl Date In It. "as is, where is" eondltlon, with an faults, and without representatlon(.)
andlor "arraaty(ieI) by Seller of any klDcI, eJ:pras or Implied, or any arilinc by operaUon of law,
except only the title "arnad.. .et forth In the Deed deJl-veretl by Sell.r to Buyer at the Closing.
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Nov 07 2006 6:02PM
Fl' "tCE" REAL ESTATE
(561' '64-7891
(c) BROKER'S FEE: Buyer and Seller repre!lCllt and wanant to each other that no real
estate commissions, finders' fees or brokers' fees have been or win be incwTCd in connection with the sale
of the Property by Seller to Buyer other than . eommiasion payable by SeUer ooly in the event of a Closing
.0_ .. '. ~
~_ Despite the fact tblt Seller is paying Broker. to the extent
allowed by applicable law. Buyer and Seller agree that Broker is DOt Seller'. agent or in any manne.r acting
on SeUer's behalf. and DO oral or written statements, actl or ooUssioDl of Broker shaD in any manner be
T
(d) POSSESSION: Possession of Ute Property (subject to the rights of parties claiming
under the Permitted Exceptions) shall be dcliveTed to Boyer at Closing.
(e) SALE EX1'ENSES: The foUowing sale CXpeDIIC8 shall be .Uoc;ated betweel1 the parties,
as follows:
(j) SELLER'S EXPBNSES:
-
-
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(ii) BUYER'S EXPENSES:
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~
(f) PRORATIONS: AU water and other utility cbBtge8, assessments. current standby fees,
and sales, ad valorem and any other taxes, fuels. prepaid service cOlltracts, expease5 and charges III1d any
rents and maintenanco fees shall be prontcd to the Closing nate,
-
(g) -
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Nov 07 2006 6:02PM
F I' 'ICE" REAL ESTATE
(561) 64-7891
(h)
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(i)
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(ii) .
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7.
TERMINATION; DEFAULT OR BREACH:
<a) TERMINATION:
,-
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Nov 07 2006 6:02PM
FIr 'CE L REAL ESTATE
(561) '64-7891
(b) DEFAULT OR BREACH:
-
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8.'
REPRESENTATIONS AND WARRANTIES OF SELLER:
(a) Seller hereby
represents and warrants to Buyer as folloWl. which repreaentationa and WIlTI8Iltics shall be deemed made
by Seller to Buyer also as of the Closing Date:
(i) _
(ii) SeDer has paid during Seller's ownership, all standby fees, taxes, chaISes. debts
and other assessments due by Seller with respect to the Property;
(iii) There will be no unrecorded liens or Unifonn Commercial Code security
interests against any of the Property which arose by the actions of Seller and
whicb will not be satisfied our oCtbe Sales Price;
(b)
9. MISCELLANWUS: (a) Any notice required or pennitted to be delivered
hereunder shall be deemed received when personally delivcced or three (3) business days following deposit
of such notice in the United States Mail. postap prepaid, certified mail, return receipt rcqucatcd, when
delivered by facsimile with proof of delivery to the other party retained, or when delivered by a reputable
overnight delivery scnicc (such as Federal Express or Airborne). addressed to Seller or Bu~[. as the case
may be, at the addren set forth below the lipature of s\K;h party in this Contract.
(b) Thi. Contract shall be construed under and in accordance with the laws of the Slate of
Florida, and all obligations of the parties created hereunder arc performable
(c)
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Nov 07 2006 6:02PM
FIr 1CE & REAL ESTATE
(561)
64-7891
(d) In case anyone or more ofthc provisions contained in this Contract shall for any reason
be held to be invalid, illegal and \JDenforceable in my respect, weh invlllidity, illegality or unenforceability
shall not affect any other provision hereof. and thia Contract shall he cons1nled IS if 8uch invalid, illegal or
unenforceable proviaioD bad never been contained herein.
(e) This Contract, including Exhibits A through C attached hereto and the other items
delivered pUlSUant hereto, constitutes the complete agreement of the parties and supersedes all prior
understandings <ir written or oral agree~ts ~ the parties respecting the within subject n.tter and
C8DJIot be changed amended or lupplemented except by their written consent. nlis Contract as well as any
amendments and/or supplements may be executed in countexparts, all of which shall be deemed to
constitute one document.
(f) Time is of the essence in this Contract. No extension of time for performance of any
obligation or act shall be deemed an extcmion of time for perfoJ1llBIlCe of any other obligati()n Qr act. As
used herein, any reference. tc a number of days shall mean calendar days. [f any date for pe110nnance of
,
any of the terms, conditions or provisions hereof shall fall aD a Saturday, Sunda).. or legal bcliday, then the
time of such pcrformaoa: shall be extended tc the next business day thereafter.
(g) This ContIact and all provisioDS contained herein are stIictly confidential Buyer and
Seller are responsible for ensuring that this Contract and all pl"ovisions herein ate kept confidc;ntial by their
respective offieen, agents, directors, employees, attorneys, brokers, contractoR; affiliatea. vendors and any
other person retained in rolation to this Co,ntract.
JO.
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1 J. LIKE-KDID EXCHANGE: Seller or Buyer may desire to cOlllWJlJ118te tIle sale of the
Property as a like.kind exchange within the meaning of Section 1031 of the Intemal Revcol1e Code of
1986, as amended, ("1031 Elcction") IIDd the regulations proDlUlgated thcrelDlder. Seller anel Buyer agree
to COOperate with the other in this regard and shall. II either parties request, execute and deliver such
documents, instrunumts, and agreements as may be necc:lIII&ry tlw'cfor or related thereto; prGvided,
however, Buycr sluD not be obligated to accept title to my other land or property other than the Property or
to incur any additional costs or rntpe0se8 alllociilted with my such 1031 Election.
12. OFFER AND ACCEPTANCE: Execution of tlus Contract by Seller and submission of the
same to Buyer conmtutes an offer by Seller to sell tile Property 011 the leom and provisions set forth herein.
Bu~ shall to accept such offer by (a) executing the Contract;
"od (b) cwsiDs the same toecther with the Bamest M0n61 to be deliverecl to the TItle Company a. provided for
p.10
Nov 07 2006 6:03PM
FIr 'CE L REAL ESTATE
(561) ';4-7891
herein._ If Buyer does not accept llUCh offer by such date and time and in the mannar specified above, or it"
Buyer shall modifY this Contract in any manner and sball tender the modified veRion of thi!l Contract to the
Title COD1plU1Y or Sener, then in any such event, Seller'. offer ahAll be lIUtomaticlilly tenninated and of no '
fin1ber force end effect. and Seller shall have 110 obligation under Ibis Conttact. If Scllds offi:r is acccpbxl by
such date and time, the Contract shan become an agreement of purchase and sale between Seller and Buyer,
performable and enforceable by each pllrty in accoroanoe with its terms.
13.
-
EXEClrrED in multiple DriginalS on the dates set fortl1 by each party's signature. but effective
upon the Effective Date as set forth below.
SELLER:
BUYER:
SCI FUNERAL SERVICES OF FLORIDA, INC.
B", I,.".:{:(.;i h~
Name: Cw1is G. Briggs
ride: Vice ~cnt
Seller', Address:
L929 Allen Parkway
Houston, Texas 77019
Attention: StDve Webster
Real Estate Department
Phone No.: 71 ]-~25.5277
FaltNo.: 713-525-5220
Email: stevc.webster@sci-us.com
Buyer's Address:
Buena Vista Homes ns
1132 So. COD8l"ess Ave. #325
Attention: Hector R. Sardina - President
Pabn Springs, Florida 33461
Phone: 561-641-4663
Fax No.: 561-964-7891
Email: bvhomes@beUsouth.net
with eopy to:
Service Col'J)()ration International
General Counsel
1929 Allen Parkway
Houston, Texas 77019
with copy to:
Exhibit A - Legal Description
Exhibit A-I - Property Plm
Exhibit B - Use RestlictioDs
Exhibit C - Palm Beacb Memorial Park
p. 11
Nov 07 2006 6:03PM
FI~ 1CE & REAL ESTATE
EARNEST MONEY Rr.CB1PT
(561) 64-7891
p.12
The Title Company hereay acknowled es the receipt of the full executed Contract and rile Earnest Money,
in the amount and a copy of Seller's notice of Board
ofDirecton approval ("ECfcctive Datc=").
MirafCor at 'Boynton 'Beach
Tentative Project Schedule
Proiect Task Proiected Completion
City Commission Approval 4th QUARTER 2006
Submit Construction Plans I Documents 1st QUARTER 2007
City & State Infrastructure Permits 2nd QUARTER 2007
County Health Department Permits 3rd QUARTER 2007
Building Permits 2nd QUARTER 2007
Fence Construction 2nd QUARTER 2007
Clearing and Grubbing
Earthworks
Water I Sewer I Drainage Construction
Paving sub grade
Building Pads
Building Construction
Sewer Tie In
Final Grade
Asphalt Paving
Landscaping
Meters Set
Finals
2nd QUARTER 2007
3rd QUARTER 2007
3rd QUARTER 2007
4th QUARTER 2007
4th QUARTER 2007
3rd QUARTER 2008
3rd QUARTER 2008
3rd QUARTER 2008
3rd QUARTER 2008
3rd QUARTER 2008
3rd QUARTER 2008
4th QUARTER 2008
4th QUARTER 2008
CDs
Revised October 2006
'I
'"
Time and Date of Meeting 5/&~ d..'() 0
Those attending meetin~:
12YtLIJ W1 01.; I ~
PRE-APPLICATION CONTACT QUESTIONS
Applicant's Name: Brae/ ~ I/Yl.i {~
Phone:
1. HA VB YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT?
Yes No
(IF YES, HA VB THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE-
APPLICATION MEETING?
STAFF MEMBERS NAME:
2. LOCATION OF PROPERTY (CROSS STREETSIINTERSECTIONS)
3. WHAT WOULD YOU LIKE TO DO?
NEW PROJECT
BUILDING EXPANSION OR MODIFICATION
CHANGE IN PRIOR USE?
IS THE STRUCTURE CURRENTLY VACANT?
VARIANCE TYPE:
POOL OR SCREEN ENCLOSURE
COMMERCIAL PROPERTY?
RESIDENTIAL PROPERTY?
INDUSTRIAL PROPERTY?
DO YOU KNOW THE ZONING CODE DESIGNATION?
4. TIME AND DATE PREFERRED
5. HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING?
Note: Tell the person that someone from the Department will call them to confirm the meeting.
..................................................................................
· Pre-application meetings should be scheduled for a minimum of one (I) hour time module, and should be scheduled
no less than two (2) days prior to date/time of meeting. If urgency is sensed, discuss with Mike.
· Meetinl!s mav be scheduled:
Monday afternoons
Tuesday all day
Wednesday all day
Thursday mornings
Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.rn.
S:\PIanning\Planning\Pre-App Fonn pp I-3\Pre-application Fonn p I.doc
)? ,( t.?:,. I~';.~I~~~ (~
PRE. _ ~JPLICA TION CONFERENCE REVIl. , FORM
Date 5/ ~C:) I oft Time Started c9--./ 0 Time Finished
Attending as Applicant J?y-t4r/I-R "J fYI/II ~.r
Phone Fax
Applicant Must Initial for Receipt of
Art in Public Places Ordinance 05-060_ and Art Program Info Sheet:
Proposed Project Information
Proposed Project Name and
TypefUse
Site Location (Address if Available)
Site PCN
Existing Zoning
Existing Land Use. Density
Anticipated Submittal Date
Proposed Zoning
Proposed Land Use/Density
/
Vacant
Notes and Comments
Lot Area
Lot Frontage
Lot Depth
Setback
Height
Parking Requirements or Improvements
Landscaping/Buffering
Non-conforming Use or Change in Use
Other Zoning Changes Required
Hazardous Material
NOTICE: The purpose of this conference shall be for staff and applicant to discuss overall community goals,
objectives, policies and codes as related to the proposed development and to discuss site plan review procedures.
Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff
comments may be forthcoming based on actual plans submitted for review.
S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc
PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
MEETING DATE:
TIME:
ATTENDING FOR APPLICANT:
NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall
community goals, objectives, policies and codes as related to the proposed development and to
discuss site plan review procedures. Opinions expressed at the pre-application conference are not
binding for formal review purposes. Additional staff comments may be forthcoming based on actual
laDS submitted for review.
City of Boynton Beach Attending for Applicant
Attendin Staff
~!ttiu
LWVW\4Ct
')
bJ~
S:\Planning\Plannlng\Pre-App Form pp 1-3\Pre-appllcatlon Form p3.doc
"
Time and Date of Meeting 7/;~/tJt"l p~
Those attending meeting:
let ,KCI/'I-LJ.RJ7____. [/I',/I~. ~
, , I
PRE-APPLICATION CONTACT QUESTIONS
Applicant's Name: ~ ~~
Phone:
1. HA VB YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT?
Yes V' No
(IF YES, HA VB THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE-
APPLICATION MEETING?
STAFF MEMBERS NAME:
2.
LOCATION OF PROPERTY (CROSS STREE~ECTIONS)
...... <;p LlA"/f. L--;'./ ~-5 Jf ~ d
3.
WHAT WOULD YOU LIKE TO DO?
~/ NEW PROJECT
BUILDING EXPANSION OR MODIFICATION
CHANGE IN PRIOR USE?
IS THE STRUCTURE CURRENTLY VACANT?
VARIANCE TYPE:
POOL OR SCREEN ENCLOSURE
COl\1MERCIAL PROPERTY?
t/ RESIDENTIAL PROPERTY?
INDUSTRIAL PROPERTY?
DO YOU KNOW THE ZONING CODE DESIGNATION?
4.
TIME AND DATE PREFERRED
5.
HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING?
Note: Tell the person that someone from the Department will call them to confirm the meeting.
.................................................................................,
· Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled
no less than two (2) days prior to date/time of meeting. If urgency is sensed, discuss with Mike.
· Meetinl!s may be scheduled:
Monday afternoons
Tuesday all day
Wednesday all day
Thursday mornings
Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.m.
S:\Planning\Planning\Pre-App Fonn pp 1-3\Pre-application Fonn p I.doc
~~~~
PRl .PPLICA TION CONFERENCE REV~ I FORM
Date 7/ }~00
Attending as Applicant
Phone
Time St~ed q I ()
1Ora..d I f. "7 tyti If e-r
I
Time Finished
~[+ ,,.v- :5rLrdt A) ~ /
Fax
Applicant Must Initial for Receipt of ~ J -f1 A
Art in Pnblic Places Ordinance 05-06~ and Art Program Info Sbeet:~
Proposed Proj ect Information
Proposed Project Name and
TypelUse
Site Location (Address if Available)
Site PCN
Existing Zoning
Existing Land Use. Density
Anticipated Submittal Date
Proposed Zoning iZ fY\...
Proposed Land Use/Density
TlAl.-<-1 I q '? Ii il '\ t Lu .j v-
'2> ~d~ cQ.S' ~tl.+t-'L
wI' ~ (I..A- (l) fLr ~ e-
i/Wtlf.,r 1 ~{~ 0, dO ()
/
Vacant
c.. 12-J4-
Notes and Comments
oJ..) rlC.l}...Q ~pvn+ t..J~
'b'1 'L- q<s: vv U-..l ( . toQ 0' I/VLttx s+.
~ --r I I ^ i J I ~+Ll rr
PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
MEETING DATE:
TIME:
ATTENDING FOR APPLICANT:
NOTICE: The purpose oftbis conference shall be for the staffand applicant to discuss overall
community goals, objectives, policies and codes as related to the proposed development and to
discuss site plan review procedures. Opinions expressed at the pre-application conference are not
binding for formal review purposes. Additional staff comments may be forthcoming based on actual
lans submitted for review.
City of Boynton Beach Attending for Applicant
Attendin Staff
I
I !t', I '/' ,"\,"i ,',
~..,....",J"""",!-i ,) '14,.,,;...:,,-, ..-t,-Y j
e..c- ~ P'S"
<;'R~d-\
krdiv 'Z12' rtur
6~
S:\Planning\Planning\Pre-App Form pp 1-3\Pre-appllcation Form p3.doc