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APPLICATION " PROJECT NAME: Palm Cove fka Miller Road Project LOCA TION: Between Federal and Dixie at Miller Rd. peN: Multiple FILE NO.: ABAN 05-008 I TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Ruden McClosky ADDRESS: ADDRESS: 222 Lakeview Avenue #800 West Palm Beach, FL 33401 FAX: FAX: 561-514-3442 PHONE: - PHONE: ..5hLS14 1542 lS0l~ ~)~' <1Sqz.., SUBMITTAL / RESUBMITT AL 9/21/05 1 ST REVIEW COMMENTS DUE: PUBLIC /IP ARC NOTICE: TART MEETING: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): LEGAL AD: 12/2/05 PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 12/13/2005 AGENCY BOARD CITY COMMISSION MEETING: 1/3/2006 COMMENTS: l)/f~2- ~ oR- a (?l tlCR-eS - ph~ tCYll)(~~h~ lIt q/oS S:\Planning\SHARED\WP\PROJECTS\PARKSIDE\ABAN 05-008\2005 PROJECT TRACKING INFO,doc City Codes Accessed Via Website www,boynton-beach.orq www.amleqal.com/boynton beach fl Has applicant attended a pre-application meeting? , Date: CITY OF BOYNTON BEACH APPLICATION TO ABANDONNACATE PLANNING & ZONING DIVISION , :.J 2 t ---- NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to Planning and Zoning (Two (2) copies of application are required.) PROJECT NAME: Parks ide AGENT'S NAME: Ruden McClosky AGENT'S ADDRESS: 222 Lakeview Avenue #800 West Palm Beach, FL 33401 AGENT'S PHONE: (561) 838-4542 AGENT'S FAX: (561) 514-3442 OWNER'S NAME: (or Trustee's) OWNER'S ADDRESS: see attached see attached OWNER'S PHONE: see attached OWNER'S FAX: see attached PROJECT LOCATION: OR PCN NUMBER southern city limits between Federal Highway and Old Dixie (not legal description) Highway (see attached) CORRESPONDENCE ADDRESS:* (if different than agent or owner) . This is the address to which all agendas, letters and other materials will be forwarded. The undersigned, pursuant to Ordinance NO. 76-27 of the City of Boynton Beach, Florida, hereby applies to the City Commission to vacate/abandon, and discontinue the,(check one): ) ALLEY xx ) STREET ) SPECIAL PURPOSE EASEMENT ) OTHER NON-FEE INTEREST OF THE CITY as described in attached Exhibit "A", and to renounce and disclaim any right ofthe 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 XX ) DEDICATION ) PRESCRIPTION Recorded in Killian's Park Plat Beach County, Florida. Plat Book 23 , Page 195 , 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 1 sl class postage (stamps or pay for required postage). PARKSIDE LEGAL DESCRIPTIONS/STREET ADDRESSES Owner MILLER ROAD ABANDONMENT - ADJACENT OWNERS Legal Description PCN Boynton Townhomes, LLC KCB Enterprises, LLC Judy J, Lange Estelle B, Killian George E, Ford & Estate of Grace K, Ford Boynton Townhomes. LLC Estelle B, Killian Street Address 106 Miller Road 108 Miller Road 110 Miller Road 117 Miller Road 115 Miller Road N, Federal Highway KILLlANS PARK Lot 6 and West 1/2 of Lot 7 00-43-46-04-11-000-0060 KILLlANS PARK E 1/2 of L T 7 & L T 8 00-43-46-04-11-000-0071 KILLlANS PARK L T 9 & W 1/2 of L T 10 00-43-46-04-11-000.0090 KILLlANS PARK L T 16 & E 1/2 of L T 17 KILLlANS PARK E 1/2 of L T 10 & L T 11 00-43-46-04-11-000-0160 00-43-46-04-11-000-0101 KILLlANS PARK W 1/2 OF LT 17, LT 18 & E 1/2 OF LT 19 KILLlANS PARK E 1/2 OF L T 13 & L T 14 KILLlANS PARK L T 12 & W 1/2 L T 13 00-43-46-04-11-000-0171 00-43-46-04-11-000-0131 00-43-46-04-11-000-0120 KILLlANS PARK L T 15 00-43-46-04-11-000-0150 KILLlANS PARK L TS 21 TO 29 INC KILLlANS PARK W 1/2 OF L T 19 & L T 20 00-43-46-04-11-000-0210 00-43-46-04-11-000-0191 '" SKETCH AND DESCRIPnON RIGHT-OF-WA Y A PORTION OF 'MILLER ROAD' "KILLIAN'S PARk" PLA T BOOK 23, PAGE 795. PALM BEACH COUNTY RECORDS SCALE: 1" = 80' LOT 15 LEGAL DESCRIP110N: RIGHT-OF-WAY ABANDONMENT A PORTION OF THE RIGHT-OF-WAY OF MILLER ROAD AS SHOWN ON THE PLAT OF "KILLIAN'S PARK: ACCORDING TO THE PLA T THEREOF, AS RECORDED IN PLA T 800K 23, PACE 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING A T THE SOUTHWEST CORNER OF LOT 6 OF SAID "KIWAN'S PARK"; THENCE EAST, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID MILLER ROAD, A DISTANCE OF 450.00 FEET; THENCE SOUTH 0833'15" WEST, ALONG THE EAST RIGHT-OF-WA Y LINE OF MILLER ROAD, A DISTANCE OF 30.34 FEET; TH~CE WEST. ALONG THE SOUTH RIGHT-OF-WAY LINE OF MILLER ROAD, A DISTANCE OF 445.49 FEET; THENCE NORTH, A DISTANCE OF 30.00 FEET. TO THE POINT OF BEGINNING. LEGEND: P08 = POINT OF 8E:GlNNlNG POC = POINT OF COUIJENCEMENT SURVEYOR'S CERTlFlCA IE: I HEREBY CERTIFY TH,., T THIS "SKUCH IoN[) DESCRIPTION. IS TRUE: "-NO CORRECT TO THE: BEST OF MY KNOv.tEOCE AND BELJE:F. I F/JRTHER CERTIFY THAT THIS SKETCH MEETS THE: /JINIMIJM TCCH,~'ClJ.....STIoN[)AROS AS seT fORTH BY tHE fLORID,., 8OARO or PRoF1:SSIoNA/<;tiflVF:YoRs ,.,NO M.4PPERS JIo/ ClfAPTER 6/GI1-6, fI.ORID"'--AriI"'INISTliA~ CODE PUHSV,.,NT TO seCTION 472-027, F!~ilA"~T1fi,lltS. ' , SURVEYOR'S NOTES: I, NOT VALID It1T11OUT TIlE SIGNA TURF: "-NO ORIC/NAL RAISF:D SEAL OF ,., FLORID,., LICENSED SURVF:YOR ck MAPPE:R. 2. BEAF?lNGS SHOW HEREON ARE RELA nIlE TO .KILLlAN'S PMII(" AS RECORDF:D IN PLA r BOOI< 23. PACE 195, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY F1..ORIDA. AND ARE R!:rI:RRED TO AN ASSUMED 80.R/NG OF EAST ALONG Tilt NORTH RIGHT-OF-WA Y UHE OF MIUER ROAD. J. THIS IS NOTA LAND SURVf:Y. ABSSLUTE SURVEYING INC. L"-ND SUR\.f:Ya?S 215 COOLS8Y 8l. Kl. DE:ERF1ELD BEACH. fI. JJ<f<f2 (95~) <f21-<f,70 LICe/SED BUSINESS No, L86218 ~-'J.oS"" OATE:: BY: jJif~~/ rt~ '.,- IJITCJf!:U R. IJAUOR Y _ PR'/)FF''J';ItWAI <;r.IRVF:'r'(W &, MAPPER n98f!iA.R.EGiSlliA'f/ON No.'LS<f851 . ~ F{<<JJECF No.: 00759 RE:VISlON SKETCH k DESCRIPTION OWN LV DATE: 8-1-05 fB/Pg. CKD MRM LEGAL DESCRIPTION RIGHT -OF- WAY ABANDONMENT A portion of the right-of-way of Miller Road as shown on the Plat of "Killian's Park," according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida, described as follows: Beginning at the southwest comer of Lot 6 of said "Killian's Park"; thence east, along the north right-of-way line of said Miller Road, a distance of 450.00 feet; thence south 08033' 15" west, along the east right-of-way line of Miller Road, a distance of 30.34 feet; thence west, along the south right-of-way line of Miller Road, a distance of 445.49 feet; thence north, a distance of30.00 feet, to the point of beginning. WPB:214125:1 NAME ADDRESS see attached 7. Verification from each affected or potentially affected utility company that they have no interest in the 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) 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: Miller Road is a substandard, 30' right-of-way. The road is not needed with the redevelopment proposal and does not provide any access or connection for any other. DATED: ADDRESS l.fqct N. ~v(in~ VI .'01 7+. ~ de n{,,& ,./1- .1~ 3u '1 STATE OF FLORIDA COUNTY OF PALM BEACH The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that...L::.' he -lS.. are/is the applicant(s) in the foregoing Application to AbandonNacate; that they have read the same nd that the facts therein set forth are true and correct to the best of their knowledge. ARY PUBLIC. State of Fli,dj" My Commission Expires: -; 7 Updated 10/15/01 f I ",~~~~::t?", KEITH NELSON f~o. :<~..... Notary Public - State of Florida - * *.. ~~. : :ffiMyComm~fonExpiresJu 1,2007 --"'?~o 0'1-<;/ Commission # 00228457 I" Ff\.:,\' Bo to,,,,,. nded By National Notary Assn. NAME ADDRESS see attached 7. Verification from each affected or potentially affected utility company that they have no interest in the 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) 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: Miller Road is a substandard, 30' right-at-way. The road is not needed with the redevelopment proposal and does not provide any access or connection for any other. DATED:~\hv 1~(ddJ5 APPLlCANT(S) NAME (PLEASE SIGN) ADDRESS ~/,~4 ~~ ,Cs1-:.fZ-/) IL .3 ~ 'Ill t!JL ~ - 117 M ( I lev- Hal,. ])~/Y-~ j5eC?c..c~ F/ ~:3<fg-3 STATE OF FLORIDA COUNTY OF PALM BEACH The above named a~cant(s) being first duly sworn by me the day and year above indicated, deposed and stated that ~e _ a~he 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. CoM o,/~ NOTARY PUBLIC, State of Florida My Commission Expires: . """ ran A. podesta Updated 10/15/01 ~~""'~'.~u.~,"::. Commission#UU518629 ~*:~:;: Expires: Jun 23, 2008 -;'~', ''$,::: BondedThru '<~OFf~~'" Atlantic Bonding Co" lr~~ fllll'\ -:P\co~ m~d c,opy Or not ice- to: c~cl/e B, }<;J/idf) C!D ~r,' A. PO~-fcl, P. ~. CcYr" t). Oodco-tcll C5> ~ . J) 3 g~ Pc O~ per-i-h) t;;r [f) ~ R cJ, ~ ~~lS ) f. 6.~~) F(. 334/0 NAME ADDRESS see attached 7. Verification from each affected or potentially affected utility company that they have no interest in the 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) 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: Miller Road is a substandard, 30' right-of-way. The road is not needed with the redevelopment proposal and does not provide any access or connection for any other. DATED: 915 /0) I ; ~. ADDRESS . ,,/-. 1Y3'i5 I~ o:J . '... . ";I...~ 51 (.c(; i'/..;-k' p.,....sx:J (~< (.. If .Afc!.J FL "]g;'f)b STATE OF FLORIDA COUNTY OF PALM BEACH The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that _ he _ are/is 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. /I ~,4 (J,..l4 t;;, "'~~',",,, Harvey S. Goldstein NOTARY PU L1C, State of Flonda If:'''J;.'~\ COn;nllssion # 00347116 My Commission Expires: //1 t, ~D" l~".~.~iEIptres: AUG. 16. 2008 - !J "':~"'" 'dI':.'" Bonded Thru Updated 10/15/0 1 "',/~~,r.;,.,' Atlantic BollciJJlg Co..lnc, NAME ADDRESS see attached 7. Verification from each affected or potentially affected utility company that they have no interest in the 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) 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 ofthis application: Miller Road is a substandard, 30' right-of-way. The road is not needed with the redevelopment proposal and does not provide any access or connection for any other. DATED: APPLlCANT(S) NAME (PLEASE SIGN) ~lffi?5 !- c(~1?J ADDRESS //0 ~ ~d. J)tJ~ -:XuaJL j FL ,--~3'fS.3 STATE OF FLORIDA COUNTY OF PALM BEACH The above named applicant(s) being first duly sworn by me the day and year above indicated, deposed and stated that -S he _ are/is 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. ~~~~ NOTARY PUBLIC, State of Florida My Commission Expires: Updated 10/15/01 ,",mH,. B-arbara Goldman .";'1.' ,.~.'" ~Y:'.'. "'... .. i ~'A'" . ~ CoDl;llllSSlon # DD352116 ::~ '!!I'= EIp\I'eS: SliP. 29, 2008 ..' .~. ~,......~$ IIonded Thru ""'~'~\\\\' Atlantic Bonding Co.. IDe. NAME ADDRESS see attached 7. Verification from each affected or potentially affected utility company that they have no interest in the 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 APPLlCA TION SUBMITTAL) 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: Miller Road is a substandard, 30' right-of-way. The road is not needed with the redevelopment proposal and does not provide any access or connection for any other. ADDRESS 214 S.E. 23rd Avenue, Boynton Bch., FI. 33435 214 S.E. 23rd Avenue, Boynton Bch., FI. 33435 STATE OF FLORIDA COUNTY OF PALM BEACH The above named applicant{s) being first duly sworn by me the day and year above indicated, deposed and stated that ~he _ are/~ 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. My Commission Expires : Updated 10/15/01 Notary Public State of Florida ales My Commlss!on 00401500 Expires 03110/2006 _ DURABLE POWER OF ATTORNEY Florida Statute 709.08 I, GEORGE EUGENE FORD, ofOkeechobee County, Florida, appoint as my attorney in fact (hereinafter referred to as agent or attorney-in-fact) to manage my affairs, my daughters, JOAN FORD MORRISSETT and CAROL FORD BAXTER. Either one of them may act alone. I hereby authorize my attorney-in fact to: A. Collect, receive, and receipt for any and all swns of money or payment become due to me, B. Sue in my name and behalf for the recovery of any and all sums of money or payments due or to become due to me and to collect on any judgments recovered by me and execute satisfactions of the same. C. Initiate, defend, continue, or settle suits on my behalf or to enforce the exercise of these powers granted to my attorney-in-fact. D, Hire or discharge (with or without cause) employees including, but not limited to, physicians, nurses, attorneys, and domestics. E. Deposit to or withdraw from, or draw checks or drafts upon, any and all savings or checking accounts, money market funds, or any other type of accounts in my name; open any new such accounts in my name in any bank or financial institution or with any insurance or brokerage firm; and endorse my name to any and all negotiable instruments. F. Pay any and all bills, accounts, claims and demands now or hereinafter payable to me. G. Receive and endorse for deposit in any account any payments that I receive from any branch or department of the United States or other government, including without limitation, Social Security payments, Department of Veterans Affairs payments or grants, Medicare or Medicaid Payments, and tax refunds. H. Represent me before any office of the Internal Revenue Service or any state agency; prepare and sign any tax return on my behalf; receive confidential information regarding tax matters, (SSN 383-12-0542) for all periods, whether before or after the execution of this instrument; and make any tax elections on my behalf. I. Receive and open my mail, change my mailing address, and otherwise represent me in any matter concerning the U,S, Postal Service J. Borrow money and to otherwise incur or guarantee indebtedness for which I will be liable, and to secure any such indebtedness by mortgage or other security interests encwnbering my assets. K. Act for me in any business or enterprise in which I am now or have been engaged or interested or with respect to any trust in which I have a beneficial interest. L. Manage all assets and properties belonging to me or in which I have any interest, and to expend whatever funds my attorney-in-fact deems property for the preservation, maintenance, or improvement of those assets. M. Compromise, arbitrate, or otherwise adjust claims in favor of or against me or any assets or entity in which I have an interest, and to agree to any rescission or modification of any contract or agreement. Page I of4 ;olJ)'TI 1"1::r::- 0::0> r- 0;01"1 :;00 Q:Z:"~ ... :z:;ow ,",00 ",,0 'TI1"1U1 1"1;00 1"1....- cn<nCO 0.... w:z:w UI. -0 ,,"nO Or-;o 1"1 ;0:;0"" I'TI~;:IIC: o 000 :>:>'TIO_ 10 U1=-:;;;;;;; 1"1000,JS!! 0........,...= :>:> = CD(")",= -<S"'55!j ::J:....~~ ~gt:l~ lii~Qa N-1>>'= ....= OIT'l= ~..= ~ ~55I ::t: .......55!! ow= "" ........ ~~;a 0- 00 OUl c:: :z:0 ....w -< .. . w o .".... r- 0- .." ::J: N. Participate in any type of liquidation or reorganization of any enterprise. O. Join with other persons with whom I own property as joint tenants with right of survivorship in any transaction regarding that property, P. Vote and exercise all rights and options, or empower another to vote and exercise those rights and options, concerning any corporate stock, securities, or other assets; to enter into or approve agreements for merger, reorganization, or equivalent transaction with respect to any company or enterprise; to delegate those rights to an agent; and to enter into voting trusts and other agreements or subscriptions, Q, Exercise all rights and options, or empower another to exercise those rights and options, concerning sole proprietorships, general or limited partnerships, joint ventures, business trusts, land trusts, limited liability companies, and other domestic and foreign forms of organizations. R. Buy, sell exchange, lease, convey, and grant options with respect to any real or personal property, and to negotiate for and to enter contracts and agreements of every nature, concerning real or personal property, including homestead or exempt property, Any such contract, agreement, or lease will be valid and binding for its full term even if it extends beyond my lifetime or the duration of this power of attorney. S. Exercise all powers even though my attorney-in-fact may also be acting individually or on behalf of any other person or entity interested in the same matters, T. Transact all business, make, execute and acknowledge all contracts, orders, deeds, bills of sale, assurances, promissory notes, mortgages, and other instruments of any nature which may be requisite or property to effectuate any matters or things pertaining to or belonging to me. U. Make gifts in amounts not exceeding the exclusions allowed under Section 2503 of the Internal Revenue Code, including gifts to any organization qualifying for a gift tax charitable deduction (except that gifts to my attorney-in-fact in any calendar year may not exceed five percent (5%) of my assets for that year); change the beneficiaries of any life insurance policies or other qualified or nonqualified benefit plans; create or fund revocable or irrevocable trusts for the benefit of myself or of other persons; and consent to the creation or extension of trusts established by other persons for my benefit. V. Intentionally omitted. W. Continue or discontinue my membership in any club or other organization, X. Accept or resign on my behalf from any offices or positions which I may hold, including any fiduciary positions, X, Continue, use, or terminate any charge or credit accounts, Z. Employ and compensate any investment management service, financial institution, or similar organization to advise my attorney-in-fact and to handle all investments and to render all accountings of funds held on my behalf under custodial, agency, or other agreements, AA, Enter into any safe deposit box for which I am the lessee and add or remove items. BB. Disclaim any property interest that I would otherwise receive. CC, Demand, obtain, review, and release to others medical records or other documents protected by patient-physician privilege, attorney-GEORGE EUGENE FORD privilege, or any similar privilege, including all records subject to, and protected by, the Health Insurance Portability and Accountability Act of 1996, as amended ("HIP AA"), I Page 2 of 4 o " to ~ o o UI -..J of- ." Gl o -..J UI of- designate my attorney-in-fact as my personal representative under HIPAA. DD. File or process claims for any medical bills with all insurance companies through which I have coverage, including but not limited to Medicare and Medicaid, and to receive from any other private or public health care insurer information obtained in the adjudication of any claim in regard to services furnished to me under Title 18 of the Social Security Act. EE. Create, fund, and maintain an Income Trust pursuant to 42 USC 9 1396( d)( 4)(B) in order to qualify me for Medicaid or any other public assistance benefits. FF. Nominate on my behalf a person (including my attorney-in-fact) or entity to be appointed by a court of appropriate jurisdiction as guardian of my person or property, or both, or as custodian of my property during the pendency of any proceedings to determine my competency. 00. Invest in assets, securities, or interest in securities of any nature, including (without limit) commodities, options, futures, precious metals, currencies, and in domestic and foreign markets or investment funds, including common trust funds; to trade on credit or margin accounts (whether secured or unsecured); and to pledge assets for that purpose. I further authorize my attorney-in-fact to take all other actions as may be necessary or appropriate for my personal well-being and the management of my affairs, as fully and effectively as if made or done by me personally, Notwithstanding anything in this instrument to the contrary, nothing in this durable power of attorney shaD authorize my attorney-in-fact (agent) to do any of the foDowi8ng (in violations of ~ 709.08 (7) (b)): A. Perform duties under a contract that requires the exercise of my personal services; B. Make any affidavit as to my personal knowledge; C. Vote in any public election on my behalf; D. Execute or revoke any will or codicil of mine; F. Deal with insurance policies I own on the life of my attorney-in-fact. G. Except as specifically authorized by this power of attorney, distribute assets so as to discharge a legal obligation to my attorney-in fact. My attorney-in-fact shall keep full an accurate inventories and accounts of all my transactions for me as my agent. Such inventories and accounts will be made available for inspection upon request by me or by my guardian or personal representative. My attorney-in-fact need not file any inventory or accounts with any court or cleIk.. Any third party to whom this power of attorney is represented may rely upon an affidavit by my attorney-in-fact stating, to the best of my attorney-in-fact's knowledge and belief, that this power has not been revoked, that I am then living, and that no proceedings have been initiated to determine my incapacity. No third party relying on this power and that affidavit will be liable for any losses, damages, or claims caused by compliance with the action request by my attorney-in-fact, unless that third party has actual knowledge of my death or the revocation of this power. lbis durable power of attorney will not be affected by my subsequent incapacity except as provided in Chapter 709 of the Florida Statutes. It is my specific intent that the power conferred on my attorney-in-fact will be exercisable from the date of this instnunent, notwithstanding my subsequent disability or incapacity, except as otherwise specifically provided by statute. If any part of this attorney is declared invalid or unenforceable, that decision will not affect the validity of the remaining parts, Page 3 of 4 o " to " o o IJ1 -...J .... ." Gl o -...J IJ1 IJ1 . . My attorney-in-fact does not have an affirmative duty to act under this power of attorney and will not be liable for any claim or demand arising out of his or her acts or omissions, except for willful misconduct or gross negligence, /J IN WITNESS WHEREOF, I have sent my hand and seal on this dC/tff day of ~f .2005. Signed, sealed and delivered in the presence of: tlL.a ~<" leme.<;clV! Witness . t Name: ~~ ~ :rN GEO E E GENE FORD AYI/t+J L~J ;J~ C ~t/(/a/z ;7;;~ STATE OF FLORIDA COUNTY OF OKEECHOBEE ~oregoing instrument was acknowledged before me this dj//~ day of '{ ,2005 by GEORGE EUGENE FORD, who is perso y known to me or who has produced /Jer..5iJJ?q//~ ~4V/? as identification. " ~r.~ Print e /7& -vae Notary Public My Commission Expires: J 2 / ~ 1. '//~07 ,#?'i~~. NANCY E. RADDATZ t."" !J. "'j MY COMMISSION' 00275644 , \~/ i EXPIRES: Deeember 17. 2007 ~!iI.i~ Bonclod Thru W"'1m SIlt.., Company Page 4 of4 o " to " o o UI ..J ... " Cl o ..J UI 0- ~I Ruden ~I McClosky 222 LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH. FLORIDA 33401.6112 (561) 838-4542 FAX: (561) 514-3442 KIM,GLASCASTRO@RUDEN,COM 9/20/2005 Parkside Annexation, Comprehensive Plan Amendment, Rezoning and Abandonment Annexation EastCoast Communities, Inc. (the "Applicant") is requesting voluntary annexation of 4.456 acres, located along the City's southern boundaries, between Federal Highway and Old Dixie Highway, This annexation area includes twelve (12) parcels and Miller Road!, Of these 12 parcels, 6 are vacant, 4 are improved and occupied single-family residences, and 1 is improved with a commercial building. The subject area is under contract for purchase by the Applicant, and is proposed for assembly with adjacent properties within the City limits to facilitate a redevelopment project. Comprehensive Plan Amendment (Land Use Change) The Applicant is requesting an amendment to the Boynton Beach Comprehensive Plan to amend the land use on a total of 7.402 acres. This area includes the aforementioned annexation area (4.456 acres), which will be changed from Palm Beach County land use designations of Commercial High/5 and Medium Residential 5 (5 dulac), as well as 2,946 acres currently within the City limits that is designated with the City land use designations of General Commercial and Local Retail Commercial. The City's Special High Density Residential (up to 20 dulac) is requested. The proposed land use change will facilitate the redevelopment of the area with a townhome community, Parkside. Rezoning Concurrent with the voluntary annexation and small-scale land use amendment, the Applicant is requesting rezoning of the subject property from the current C3, C4, RM and CG (latter two are County zoning) districts to Infill Planned Unit Development (IPUD). The proposed Parkside residential community is comprised of 121 townhomes for a gross density of 16.35 dulac, which is consistent with the Special High Density Residential land use designation. ! Miller Road was dedicated to the "public" via the Killian's Park Plat (PB23, Pg195), and upon annexation of the area becomes a city road, per Palm Beach County Land Development Division - Engineering Department. WPB:214174:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST, LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE · TAMPA. WEST PALM BEACH Page 2 Consistent with the criteria contained in Section 9,C.2. of the Zoning regulations, the Applicant offers the following for the City's consideration: a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies. The proposed rezoning to IPUD is consistent with the proposed land use designation of Special High Density Residential (being concurrently processed). Rezoning to IPUD will allow redevelopment of the property, which is currently underutilized due to the antiquated subdivision pattern, with a viable new residential community. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. Rezoning to IPUD will promote efficient use of the subject property. The subject property's location within the City's redevelopment area, and within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan suggest that the requested intensity is appropriate for the area. The immediate area can be characterized as high density residential and commercial to the north and east, and single-family, moderate density to the west, across Old Dixie Highway and the FEC Railroad tracks. The Property has double frontage, Federal Highway on the east and Old Dixie Highway on the west. The land use amendment and rezoning will redesignate the Property with a single land use/zoning, thereby preventing underutilization of the site or the proliferation of strip commercial. The Property to the south is not located within the City limits. The immediate area has seen redevelopment interest in recent years and the conversion of strip commercial uses to multi-family residential. The Special High Density Residential and IPUD designations are consistent with the transition in uses that are recommended in the Federal Highway Corridor Community Redevelopment Plan. Parkside represents the logical progression of uses, which are less intense than that of the central business district, but greater than surrounding areas. c. Whether changed or changing conditions make the proposed rezoning desirable. The subject property is currently improved with four residences, a commercial structure, but half of the area is vacant. Redevelopment of the property is desired, as evidenced by its location within the City's Community Redevelopment Area, The proposed rezoning maintains the residential character of the area, and will provide an aesthetic living environment in proximity to the downtown. d. Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning and resulting townhouse residential neighborhood will not negatively impact public facilities and services. The proposed WPB:214174:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE . TAMPA .WEST PALM BEACH Page 3 development will meet the adopted level of service standards established pursuant to the City's concurrency management system. The Property is located within the residential exception area and is not subject to countywide traffic performance standards. The proposal does not negatively impact the surrounding roadway network. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties. The proposed rezoning to IPUD is compatible with adjacent uses: County RM and City IPUD to the south, RIA to the west across the rail line, County RM and CG, as well as City IPUD and C4 to the north, and IPUD and C3 to the east. The subject property is separated from properties to the east by Federal Highway and from properties to the west by Old Dixie Highway and the FEC railroad. The proposed residential community will buffer itself from any negative impacts associated with said right-of-ways. The proposed project is compatible with the adjacent uses and will not negatively impact property values. Conversely, the new development project will have a positive impact on the value of surrounding properties; and is likely to spur investment in adjacent properties which will further increase their values, f, Whether the property is physically and economically developable under the existing zoning. Currently zoned as C3, C5, CG and RM, the property's intensity potential is 112,850 s,f, 28 units, a third of that proposed by the Special High Density Residential and IPUD designations, The property's proximity to Federal Highway, Old Dixie Highway, and the FEC Railroad, as well as its location within the CRA, are important considerations that support the requested designation, Rezoning to IPUD, pursuant to the Special High Density Residential land use category, will enable an economically viable, timely redevelopment project to be developed on the site. .... !17M-.! ._........._~ ^'n.7~" fi;iQ '>fl7wJ , '~ ~... ~ tA;vi "'1+' ,,>*'II~f ~, ~..,^l&.,-:JU' ~~~' ~, '.~' i:~"7.wl_' ~ ~i ~".' .,O+i Ha '*"i:f1lW, '.~ ' }tIOOO' tilli'!>- .... tltoi +..'w. ."" +!.J. .Q>Wt ~1 ~-"":"H.~,, .#":' '';;;-i ~_ u_ WPB:214174:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT, LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH Page 4 g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The property is slightly less than 7,5 acres in size, and has a double-frontage configuration between Federal Highway and Old Dixie Highway/FEC corridor. The aesthetic quality of the proposed redevelopment project will greatly improve the visual impacts of the property on the corridor, which is viewed as the gateway into the downtown and is targeted for aesthetic improvements, The requested land use change and rezoning will facilitate the redevelopment of the antiquated land use pattern in a manner consistent with the Federal Highway Corridor Community Redevelopment Plan, h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The Special High Density Residential land use designation, as established by Policy 1.16.1 of the City's Comprehensive Plan, is a desired land use in the subject area, Planning Area V, to promote redevelopment and infill residential uses. The requested land use is only permissible in Planning Areas I and V of the Federal Highway Corridor portion of the CRA. The subject property has been identified for redevelopment by its inclusion in the CRA boundaries and within the Federal Highway Corridor Community Redevelopment Plan. IPUD Master Plan A Parkside conceptual Master Plan has been submitted, which proposes 122 townhomes on the subject 7.402 acres, for a density of 16.35 dulac. The Applicant offers documentation to demonstrate new demand generated by development under the proposed zoning (IPUD). The Applicant feels that any impacts can be mitigated to ensure compliance with concurrency requirements, Parkside will be developed in one phase, with an anticipated completion date of June, 2008. Residential development in the area is exempt from countywide traffic performance standards. Other public facilities and services will not be negatively impacted by the change in uses. Water and sewer demand, based on the rates identified in the attached tables, have been WPB:214174:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS · FT. LAU DERDALE . MIAMI. NAPLES · PORT ST. LUCIE . SARASOTA. ST. PETERSBURG · TALLAHASSEE . TAMPA. WEST PALM BEACH Page 5 evaluated and the resulting demand can be served by the programmed capacity at the City's water and sewer treatment plants. Population projections under the existing and proposed uses are compared below. These estimates are based on the 2000 Census figure of 2.27 persons per unit as a citywide, average household size. Existing Land Use: Maximum Potential County- RM5 and CH/5 City - LRC and GC 10 du's 23 persons Proposed Use: Maximum Potential SpHDR 148 du's 336 persons IPUD Considerations In addition to typical rezoning standards, the proposal is consistent with the locational and internal standards for Planned Unit Developments: Relation to Major Transportation Facilities: The property lies along the Federal Highway and Old Dixie Highway/FEC Railroad corridor, south of Woolbright Road, Palm Tran, the County bus service, has an established route, Route 1, which traverses US Highway One in twenty minute intervals. The nearest Tri-Rail station is located at Gateway Boulevard, just west of I-95; but another is located south of Atlantic Avenue, west ofI-95. Relation to Utilities, Public Facilities and Services: The surrounding area is developed and served by a full compliment of City services. The proposed redevelopment project will maximize utilization of public facilities and will promote efficient service delivery, Physical Character of the Site: The 7.402-acre property has double-frontage along Federal Highway and Old Dixie Highway. The individual parcels were previously cleared, half lie vacant, but four are improved with single-family homes and one has a commercial building, The property does not contain environmentally sensitive lands or natural resources, The property is generally characterized by the St. Lucie-Urban-Paola soil association and is suitable for development. Access: The property is accessed via Federal Highway and Old Dixie Highway, WPB:214174:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH Page 6 Internal Lots and Frontage: The proposed townhomes are oriented internally and will not directly front (access) Federal Highway. All of the dwelling units will be accessed via an internal roadway. The proposed redevelopment project will be bounded on its perimeter by a landscape buffer. This landscaping will serve as the right-of-way frontage and immediate view of the development. Off-Street Parking: Required parking to serve the proposed 122 residential units will be provided on-site. No parking within public streets or right-of-ways is proposed. Underground Utilities: All new utilities serving the proposed townhome community will be located underground. Existing utilities that conflict with construction, required improvements or landscaping will be relocated or moved underground. Right-of-Ways: The subject property lies east of Old Dixie Highway and west of the Federal Highway. No right-of-way needs or additional dedications are anticipated WPB:214174:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE · MIAMI · NAPLES. PORT ST. LUCIE · SARASOTA. ST. PETERSBURG . TALLAHASSEE . TAMPA. 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S Page 8 CONSISTENCY WITH COMPREHENSIVE PLAN The proposed land use change from commercial and medium density residential land use categories to Special High Density Residential is consistent with the City of Boynton Beach Comprehensive Plan and the City's Community Redevelopment Plans. Specifically, the land use amendment is consistent with and furthers the following City objectives: Urban Sprawl: Objective 1.13, Policy 1.13.4 The proposed land use discourages urban sprawl by creating a compact urban area. The redevelopment project will utilize land within the urban core versus on the suburban fringe of the City. The proposed residential project will maximize utilization of public services and provide for efficient service delivery. Residential: Objective 1.16, Policy 1.16.1 The proposed development project will implement the redevelopment strategy to create transition to the downtown urban form. Consistent with the recommendations of the Federal Highway Corridor Community Redevelopment Plan, the proposed Parkside project provides intensity that is less intense than the central business district, but greater than surrounding areas. Also, consistent with redevelopment objectives, the proposed project will provide new housing in proximity to the downtown area that will support downtown businesses and general economic expansion of the redevelopment area. Range of Land Uses: Objective 1.19 The requested land uses fulfill this policy provision by providing new housing choices in proximity to the downtown area. Consistent with the Federal Highway Corridor Community Redevelopment Plan, the proposal maintains the residential character of the area, but provides new aesthetic development that will enhance the visual impact along the Federal Highway corridor, the City's gateway into the downtown. Visions 20/20: Objective 1.22, Policy 1.22.4 The proposed residential land use and requested density is consistent with redevelopment strategies to provide residential use within the downtown area and to transition intensities through the CRA boundaries. WPB:214174:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS · FT. LAUDERDALE · MIAMI. NAPLES. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG · TALLAHASSEE . TAMPA. WEST PALM BEACH Page 9 NEED FOR LAND USE Palm Beach County is known as the West Palm Beach/Boca Raton Metropolitan Statistical Area (MSA). Growth in this region originated in the south and moved northward. Palm Beach County's growth rate has increased steadily during the past fifteen (15) years. In 1980, the County has a population of approximately 587,000. By 1990, the County had reached a population of approximately 870,000, which represented an increase of nearly 48%. The County's growth rate between 1990 and 2000 is less than it was between 1980 and 1990 due to recessionary economic conditions in the early 90's. However, population growth has increased significantly since 1990, and the University of Florida's Bureau of Economic and Business Research (BEBR) project an increased rate of growth through 2010. Population is projected to increase from 1,008,300 in 2000 to 1,300,600 in 2010. Based on projected population growth, there is a need for additional residences to meet the growing needs of the City's population. The subject property's location presents an ideal site for a new residential project that is located in proximity to the downtown business district and Federal Highway corridor. This location will provide residences in close proximity to these businesses, and will eliminate the need to traverse the roadway network to access to shop, dine, and conduct business. WPB:214174:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS · FT. LAUDERDALE · MIAMI. NAPLES · PORT ST. LUCIE · SARASOTA. ST. PETERSBURG . TALLAHASSEE . TAMPA. WEST PALM BEACH Page 10 Mass Transit / Multi-Modal Transportation 1. Identify the mass transit modes serving the amendment area. Palm Tran Route 1 travels Federal Highway between Palm Beach Gardens and Boca Raton. The Boynton Beach Tri-Rail station is within 4 12 miles of the subject property, but is not conveniently accessed via Palm Tran. 2. Identify the change in demand resulting from this amendment. It can generally be assumed that the proposed land use will have a slight increase in traffic generation, and therefore transit trips. Palm Tran's stated level of service is no more than a 60-minute peak hour headway between successive trips. Ridership of Route 1 is reported at 1,483,398 with 30 minute peak frequency. The 40' bus serving this route has a peak hour capacity of 60 persons. Peak hour ridership data was not available from Palm Tran. Tri-Rail's average daily capacity if 450 seated passengers. Boardings and Alightings at the Boynton Beach station from November, 2003-April, 2004 demonstrate that the majority of weekday travelers board at this station in the morning to travel to another destination (work place) and return to this station in the evening. The train's peak hour ridership varies from 600 to 627 persons. A maximum, peak hour capacity could not be provided by SFR T A. The Property is within the City of Boynton Beach. At this time, the City does not provide an inter-city shuttle service, but provides a "shopper hopper" to specified shopping destinations. A goal of the MPO's 2025 Long Range Transportation Plan for Palm Beach County is to increase community buses operated by the bigger cities, including Boynton Beach, to supplement Palm Tran service routes. Therefore, once implemented, the Property may also be served by the local shuttle service. WPB:214174:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS · FT. LAUDERDALE. MIAMI · NAPLES · PORT ST. LUCIE . SARASOTA. ST. PETERSBURG · TALLAHASSEE · TAMPA · WEST PALM BEACH Page 11 3. Identify the existing and planned mass transit routes and scheduled service (headway) for the amendment area. According to Palm Tran website data, Route 1 is served continuously between 5:30 am and 10: 1 0 PM in 20-minute intervals on weekdays and 30-minute intervals on weekends. No new routes are identified for the amendment area. The Boynton Beach Tri-Rail station is served in the southbound direction between 4:42 AM and 11:02 and between 2:18 PM and 8:18 PM, in hour intervals; and is served in a northbound direction between 5:47 AM and 12:47 AM and between 3:03 PM and 9:03 PM, in hour intervals. The MPO's FY 2004-2008 Transportation Improvement Program (and draft 2005-2009 TIP) identifies ongoing priorities to purchase of new and replacement buses, purchase of community shuttles and construction of bus shelters, which will implement the aforementioned goals of the LRTP. MPO's 2025 Transportation System Needs Plan identifies the need for extension of Tri-Rail to Martin County. The TIP programs monies for double-tracking, automated ticketing, and system extension planning. South Florida Regional Transportation Authority's Double Track Corridor Improvement Program, between Miami Airport and Mangonia Park is expected to be completed in 2005. 4. Describe how the proposed amendment furthers or is consistent with the concept of a "transit-oriented development". The proposed redevelopment project is conveniently situated in proxImIty to an established transit route that traverses the length of the County. Residents may chose to live in the proposed units due to accessibility to mass transit opportunities. WPB:214174:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS · FT. LAUDERDALE · MIAMI · NAPLES. PORT ST. LUCIE · SARASOTA. ST. PETERSBURG · TALLAHASSEE . TAMPA. WEST PALM BEACH Parkside Existing Land Use Water and Sewer Flow Estimate ntial rcial Water No. of Units 14 81,413 Flow 5,236 GP 10,177 G 15,413 Sewer Uses Unit No. of Units Sewer Flow Allocation Flow IResidential 14 dwellinQ units dwelling unit 14 300 GPOI dwelling unit\l) 4,200 GPO Commercial 81,413 sa. ft. SQ. ft. 81,413 0.125 GPOI sa. ft. 10,177 GPO II Total Sewer Flow = 14,377 GPO I Notes: 1) Note for the purposes of calculation we used a 2 bedroom unit to calculate the total flow requirements for the project Parks ide Existing Land Use Water and Sewer Flow Estimate Water Uses Unit No. of Units Water Flow Allocation Flow Residential 14 dwellina units dwelling unit 14 374 GPO/ dwelling unit(1) 5,236 GPO Commercial 81,413 sa. ft. sq. ft. 81,413 0.125 GPO/ sa. ft. 10,177 GPO II Total Water Flow = 15,413 GPO Uses Sewer No. of Units 14 81,413 Flow 4,200 GPO 10,177 GPO 14,377 GPO Notes: 1) Note for the purposes of calculation we used a 2 bedroom unit to calculate the total flow requirements for the project Page 1 of 4 Greenberg Traurig, P.A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52231818LA Customer Reference No; Eastcoast I KCB Enterprises Effective Date: May 27, 2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). AL T A Owners 1992 with Florida Modifications Proposed Insured: East Coast Communities, Inc., a Florida corporation Amount of Insurance: $275,000.00 b). ALTA Loan 1992 with Florida Modifications Proposed Insured; T.8.0. Amount of Insurance: $T.8.0. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: KCB Enterprises, LLC. a Florida limited liability company 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. coun~ BY: Authorrze cer or Agent ~to ~ This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Page 1 of 4 Page 20f4 Order No: 52231818LA Reference No: Eastcoast / KCB Enterprises Schedule B Section 1 Requirements The fOllowing are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Duly authorized Warranty Deed from KCB Enterprises, LLC, a Florida limited liability company to East Coast Communities, Inc., a Florida corporation, together with evidence satisfactory to the Company of the Limited Liability Company's good standing under the laws of its domicile state and evidence satisfactory to the Company specifying the manager(s) who are authorized to execute said Deed. B. Duly authorized mortgage from East Coast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 3. The name or names of the proposed insured and/or the amount of requested insurance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 4. Record in the Public Records a release or satisfaction of the Mortgage in favor of HOMEBANC MORTGAGE CORPORATION in the original principal amount of $108,000.00, dated January 29,2004, recorded February 27,2004, in Official Records Book 16596, Page 1063. 5. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 6. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines. easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 7. Furnish Owner'slMortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 8. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 9. NOTE: 2004 taxes have been paid in the following amount(s) $663.12 under Tax Folio No. 00-43-46-04- 11-000-0071. Page 2 0[4 Page 3 of 4 Order No: 52231818LA Reference No: Eastcoast I KCB Enterprises Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Restrictions, dedications and easements as contained on the Plat of KILLIAN'S PARK recorded in Plat Book 23, page 195, of the publiC records of Palm Beach County, Florida. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Page 3 of 4 Page 4 of 4 Order No: 52231818LA Reference No: Eastcoast I KCB Enterprises Exhibit "A" The East half of Lot 7 and all of Lot 8, of KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23, Page 195. of the Public Records of Palm Beach County, Florida. Page 4 of 4 Adorno & Voss, P.A. 2525 Ponce de Leon Boulevard Suite 400 Miami FL 33134 (305) 858-5555 FAX: (305) 858-4777 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52215133LA Customer Reference No: DiAndrea Effective Date: February 17, 2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). AL T A Owners 1992 with Florida Modifications Proposed Insured: T.B.O. Amount of Insurance: $T.B.O. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: YOLANDA DIANDREA, as to an undivided one-half interest; and SALVATORE GUZZONE and ROCCO GUZZONE, as joint tenants with rights of survivorship in an undivided one-half interest 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Page 1 of 4 -, Order No: 52215133LA Reference No: DiAndrea -.-..----------------.------.----.-------.------- Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from YOLANDA DIANDREA, as to an undivided one-half interest; and SALVATORE GUZZONE and ROCCO GUZZONE, as joint tenants with rights of survivorship in an undivided one- half interest to T.B.D.. 3. Record in the Public Records a release or satisfaction of the Mortgage in favor of GRACE K. FORD recorded in Official Records Book 4065, Page 710, as amended by that Mortgage Modification and Extension Agreement recorded in Official Records Book 7007, Page 380. 4. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 5. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 6. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 7. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 8. NOTE: 2004 taxes have been paid in the following amount(s) $5,548.85 under Tax Folio No. 00-43-46-04- 11-000-0150. Page 2 of 4 Order No: 52215133LA Reference No: DiAndrea Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Restrictions, Dedications, and Easements as contained on the Plat of KILLIAN'S PARK recorded in Plat Book 23, page 195, of the public records of Palm Beach County, Florida. 7. Restrictions, Dedications, and Easements as contained on the Plat of AMENDED PLAT of TRADE WINDS ESTATES recorded in Plat Book 21, page 73, of the public records of Palm Beach County, Florida. 8. City of Boynton Beach Florida Ordinance No. 86-7 recorded in Official Records Book 4937, Page 1224. 9. City of Boynton Beach Florida Ordinance No. 86-18 recorded in Official Records Book 5015, Page 563. 10. Removal Agreement for future Right of Way recorded in Official Records Book 3632, Page 1094. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints. by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Page 3 of 4 Order No: 52215133LA Reference No: DiAndrea Exhibit "A" Lot 15, KILLIAN'S PARK, a subdivision according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. LESS AND EXCEPT a parcel of land in Lot 15, KILLIAN'S PARK, according to the Plat thereof, recorded in Plat Book 23, Page 195, Palm Beach County, Florida, Public Records, more particularly described as follows: From the Southeast corner of said Lot 15, run Westerly along the South line of said Lot 15 for 3.0 feet to a point on the arc of a curve concave to the Westerly and having a radius of 11,409.2 feet; thence run in a Northerly direction along the arc of said curve for 198.15 feet to a point on the North line of said Lot 15; thence run Easterly along said North line for 8.87 feet to the Northeast corner of said Lot 15; thence run Southerly along the East line of said Lot 15 for 200 feet to the Southeast corner of said lot. Page 4 of4 Page 1 of 1 Bridgewater, Donna From: JChavez@Landam.com Sent: Thursday, July 14, 2005 1 :39 PM To: CastroC@gtlaw.com Cc: FragaR@gtlaw.com; RodriguezW@gtlaw.com Subject: Boynton Beach - Ford Parcels Attachments: 52232882LA Commitment.doc; 52232882LA CommitmenUif Good Afternoon. Attached herein please find the above referenced. Please note the originally signed Commitment will be sent to you today via Courier for a.s.a.p. delivery. Thank you & have a great day. Josemanuel Chavez for Sergio Osorio 91212005 .. Greenberg Traurig, P.A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52232882LA Customer Reference No: Effective Date: June 1, 2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). AL TA Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation Amount of Insurance: $825,000.00 b). AL TA Loan 1992 with Florida Modifications Proposed Insured: T.B.D. Amount of Insurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: George E. Ford and the Heirs and Devisees of the Estate of Grace K. Ford (As to Parcels 1& 2) and Pearl M. Killian (As to a life Estate) and the Heirs and Devisees for the Estate of Grace K. Ford(As to Parcel 3) 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Page 1 of 5 Order No: 52232882LA Reference No: Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from George E. Ford, joined by spouse, if married, to Eastcoast Communities. Inc., a Florida corporation. (As to Parcel 1 and 2) B. Personal Representative Deed from Joan Ford Morrissett, individually joined by spouse, if married, and as co-personal representative of the Estate of Grace Killian Ford (Deceased) and Carol Ford Baxter, individually joined by spouse, if married, and as co-personal representative of Grace Killian Ford (Deceased) to Eastcoast Communities, Inc., a Florida corporation. (As to Parcels 1, 2 and 3) C. Warranty Deed from Pearl M. Killian, joined by spouse, if married, to Eastcoast Communities, Inc., a Florida corporation. (As to Parcel 3) D. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. . 3. The name or names of the proposed insured and/or the amount of requested insurance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 4. An Affidavit satisfactory to the Company from George E. Ford must be furnished and recorded in the Public Records that he is not the same person as the defendant in the fallowing Judgment(s): recorded in Official Records Book 8428, Page 638, and re-recorded in Official Records Book 8455, Page 1441, Official Records Book 10099, Page 380, Official Records Book 9212, Page 945, Official Records Book 4862, Page 1957, and Official Records Book 15696, Page 151. 5. Affidavit satisfactory to the Company must be recorded in the Public Records establishing that either: 1. grantor(s) in the deed recorded in the Public Records in Palm Beach County, Book 7446, Page 991 were unmarried at the time of execution and delivery of the deed, 2. or that the subject property did not constitute any part of the grantor'(s) homestead at said time. 6. Recordation in the Public Records of a certified copy of the death certificate of Grace Killian Ford. 7. The Company must review the probate proceedings of the Estate of Grace Killian Ford Palm Beach Case No. 502005CP000683XXXXSB. Upon its review, the Company reserves the right to revise and amend this commitment. 8. Furnish to the company satisfactory proof that Federal and Florida Estate taxes against the Estate of Grace Killian Ford, Palm Beach County Case No. 502005CP000683XXXXSB, if :my. have been paid or that the land to be insured has been released from the lien of such taxes. 9. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, Page 2 of 5 including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 10. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters. they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 11. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 12. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 13. NOTE: 2004 taxes have been paid in the following amount(s): 00-43-46-04-11-000-0120 - PAID - $655.38 00-43-46-04-11-000-0131 - PAID - $655.38 00-43-46-04-11-000-0171 - PAID - $642.81 Page 3 of5 Order No: 52232882LA Reference No: Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Restrictions, Dedications, Easements as contained on the Plat of KILLIAN'S PARK recorded in Plat Book 23, Page 195. NOTE: All recording references in this commitmenUpolicy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Page 40f5 Order No: 52232882LA Reference No: Exhibit "A" PARCEL 1 Lot 12 and the West 1/2 of Lot 13, of KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. PARCEL 2 The East 1/2 of Lot 13, and all of Lot 14, of KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. PARCEL 3 The West 1/2 of Lot 17, all of Lot 18, and the East 1/2 of Lot 19, of KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. Page 5 of5 Greenberg Traurig, P .A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52232882LA Customer Reference No: Effective Date: June 1,2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). ALTA Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation Amount of Insurance: $825,000.00 b). ALTA Loan 1992 with Florida Modifications Proposed Insured: T.B.D. Amount ofInsurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: George E. Ford and the Heirs and Devisees of the Estate of Grace K. Ford (As to Parcels 1& 2) and Pearl M. Killian (As to a life Estate) and the Heirs and Devisees for the Estate of Grace K. Ford(As to Parcel 3) 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. Countersigned: BY: Authorized Officer or Agent This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Order No: 52232882LA Reference No: Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from George E. Ford, joined by spouse, if married, to Eastcoast Communities, Inc., a Florida corporation. (As to Parcell and 2) B. Personal Representative Deed from Joan Ford Morrissett, individually joined by spouse, if married, and as co- personal representative of the Estate of Grace Killian Ford (Deceased) and Carol Ford Baxter, individually joined by spouse, if married, and as co-personal representative of Grace Killian Ford (Deceased) to Eastcoast Communities, Inc., a Florida corporation. (As to Parcels 1,2 and 3) C. Warranty Deed from Pearl M. Killian, joined by spouse, if married, to Eastcoast Communities, Inc., a Florida corporation. (As to Parcel 3) D. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 3. The name or names of the proposed insured and/or the amount of requested insurance under the Owner'slMortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 4. An Affidavit satisfactory to the Company from George E. Ford must be furnished and recorded in the Public Records that he is not the same person as the defendant in the following Judgment(s): recorded in Official Records Book 8428, Page 638, and re-recorded in Official Records Book 8455, Page 1441, Official Records Book 10099, Page 380, Official Records Book 9212, Page 945, Official Records Book 4862, Page 1957, and Official Records Book 15696, Page 151. 5. Affidavit satisfactory to the Company must be recorded in the Public Records establishing that either: 1. grantor(s) in the deed recorded in the Public Records in Palm Beach County, Book 7446, Page 991 were unmarried at the time of execution and delivery of the deed, 2. or that the subject property did not constitute any part of the grantor'(s) homestead at said time. 6. Recordation in the Public Records of a certified copy of the death certificate of Grace Killian Ford. 7. The Company must review the probate proceedings ofthe Estate of Grace Killian Ford Palm Beach Case No. 502005CP000683XXXXSB. Upon its review, the Company reserves the right to revise and amend this commitment. 8. Furnish to the company satisfactory proof that Federal and Florida Estate taxes against the Estate of Grace Killian Ford, Palm Beach County Case No. 502005CP000683XXXXSB, if any, have been paid or that the land to be insured has been released from the lien of such taxes. 9. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 10. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, ellcro~chmellts, overlaps, boundary line disputes, or other adverse matters, they will ~ppear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 11. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstandmg. 12. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTb: :::'ame may be included in the above Aftldavit. 13. NOTE: 2004 taxes have been p,,".~ in the following amount(s): 00-43-46-04-11-000-0120 - PAID - $655.38 00-43-46-04-11-000-0131 - PAID - $655.38 00-43-46-04-11-000-0171 - PAID - $642.81 Order No: 52232882LA Reference No: Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Restrictions, Dedications, Easements as contained on the Plat of KILLIAN'S PARK recorded in Plat Book 23, Page 195. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 62704131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Order No: 52232882LA Reference No: Exhibit "A" PARCEL 1 Lot 12 and the West 1/2 of Lot 13, of KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. PARCEL 2 The East 1/2 of Lot 13, and all of Lot 14, of KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. PARCEL 3 The West 1/2 of Lot 17, all of Lot 18, and the East 1/2 of Lot 19, of KILLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. -, Greenberg Traurig, P.A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52232062LA Customer Reference No: Eastcoast plf Killian Effective Date: June 1, 2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). AL T A Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation Amount of Insurance: $1,789,773.60 b). AL T A Loan 1992 with Florida Modifications Proposed Insured: T.B.D. Amount of Insurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: Estella Killian 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Page 1 of 4 Order No: 52232062LA Reference No: Eastcoast p/f Killian Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from Estella Killian, joined by spouse, if married, to Eastcoast Communities, Inc., a Florida corporation. B. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 3. The name or names of the proposed insured and/or the amount of requested insurance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 4. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 5. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 6. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 7. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 8. NOTE: 2004 taxes have been paid in the following amount(s): 00-43-46-04-11-000-0191 - PAID - $655.38 00-43-46-04-11-000-0210 - PAID - $1,837.41 Page 2 of 4 Order No: 52232062LA Reference No: Eastcoast plf Killian Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Restrictions, Dedications and Easements as contained on the Plat of KILLIAN'S PARK recorded in Plat Book 23, Page 195. 7. Rights of tenant(s) in possession, if any, under lease(s) not recorded in the Public Records. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Page 30[4 Order No: 52232062LA Reference No: Eastcoast pit Killian Exhibit "All The West 1/2 of Lot 19 and Lots 20 through 29, inclusive, of KILLIAN'S PARK, according to the Plat thereot, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. Page 4 of4 Greenberg Traurig, P.A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52232062LA Customer Reference No: Eastcoast p/fKillian Effective Date: June 1,2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). ALTA Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation Amount ofInsurance: $1,789,773.60 b). AL T A Loan 1992 with Florida Modifications Proposed Insured: T .B.D. Amount of Insurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: Estella Killian 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. Countersigned: BY: Authorized Officer or Agent This Commitment is invalid unless the insuring provisions and Schedules A and n are attached. Order No: 52232062LA Reference No: Eastcoast p/fKillian Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from Estella Killian, joined by spouse, if married, to Eastcoast Communities, Inc., a Florida corporation. B. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 3. The name or names of the proposed insured and/or the amount ofrequested insurance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 4. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 5. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 6. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 7. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 8. NOTE: 2004 taxes have been paid in the following amount(s): 00-43-46-04-11-000-0191 - PAID - $655.38 00-43-46-04-11-000-0210 - PAID - $1,837.41 Order No: 52232062LA Reference No: Eastcoast p/fKillian Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Restrictions, Dedications and Easements as contained on the Plat of KILLIAN'S PARK recorded in Plat Book 23, Page 195. 7. Rights oftenant(s) in possession, if any, under lease(s) not recorded in the Public Records. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Order No: 52232062LA Reference No: Eastcoast p/fKillian Exhibit "A" The West 1/2 of Lot 19 and Lots 20 through 29, inclusive, ofKlLLIAN'S PARK, according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. .. .\ Greenberg Traurig, P.A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52231950LA Customer Reference No: Eastcoast P/F Lange Effective Date: June 1, 2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). AL TA Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation, and/or assigns Amount of Insurance: $200,000.00 b). AL TA Loan 1992 with Florida Modifications Proposed Insured: T.B.D. Amount of Insurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: Judy M. Lange 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. Counter . This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Page 1 of 4 Order No: 52231950LA Reference No: Eastcoast P/F Lange Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Proof of payment, satisfactory to the Company, of taxes for the year(s) Default in the gross amount of $Default under Tax Folio Number: 00434604110000090. 3. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from Judy M. Lange, joined by spouse, if married, to Eastcoast Communities, Inc., a Florida corporation. B. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 4. The name or names of the proposed insured and/or the amount of requested insurance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 5. Record in the Public Records a release or satisfaction of the Mortgage in favor of Ameriquest Mortgage Company in the original principal amount of $95,000.00, dated January 8, 2004, and recorded January 30, 2004, in Official Records Book 16496, Page 768, which Mortgage is now held by Mortgage Electronic Registration Systems, Inc., by virtue of the following Assignment(s) of Mortgage recorded in Official Records Book 17483, Page 963. 6. Appropriate documents of the probate proceedings of the Estate of Medford W. Porter must be filed in the Circuit Court of Palm Beach County, Florida, establishing that title to the land descended to: Virginia Scuse. The Company reserves the right to revise and amend this commitment in accordance with its review of the said documents. 7. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 8. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 9. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 10. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 11. NOTE: 2004 taxes have been paid. Page 2 of 4 '. Order No: 52231950LA Reference No: Eastcoast P/F Lange Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Restrictions, Dedications and Easements as contained on the Plat of KILLIAN'S PARK recorded in Plat Book 23, Page 195. 7. Rights of tenant(s) in possession, if any, under lease(s) not recorded in the Public Records. NOTE: All recording references in this commitmenUpolicy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Page 3 of 4 " Order No: 52231950LA Reference No: Eastcoast PIF Lange Exhibit "An Lot 9 and the West 1/2 of Lot 10, KILLIAN'S PARK, A SUBDIVISION OF LOTS 36, 36-A, 60 AND 61, AMENDED PLAT OF TRADE WINDS ESTATES in Section 4, Township 46 South, Range 43 East. recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida, according to the Plat thereof, as recorded in Plat Book 23, Page 95, of the Public Records of Palm Beach County, Florida. Page 4 of 4 Greenberg Traurig, P.A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52231950LA Customer Reference No: Eastcoast P/F Lange Effective Date: June 1,2005 at 8:00 a.ill. 1. Policy or Policies to be issued: a). ALTA Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation, and/or assigns Amount of Insurance: $200,000.00 b). ALTA Loan 1992 with Florida Modifications Proposed Insured: T.B.D. Amount of Insurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: Judy M. Lange 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. Countersigned: BY: Authorized Officer or Agent This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Order No: 52231950LA Reference No: Eastcoast P/F Lange Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Proof of payment, satisfactory to the Company, of taxes for the year(s) Default in the gross amount of$Defau1t under Tax Folio Number: 00434604110000090. 3. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from Judy M. Lange, joined by spouse, if married, to Eastcoast Communities, Inc., a Florida corporation. B. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 4. The name or names ofthe proposed insured and/or the amount of requested insurance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 5. Record in the Public Records a release or satisfaction of the Mortgage in favor of Ameriquest Mortgage Company in the original principal amount of $95,000.00, dated January 8, 2004, and recorded January 30, 2004, in Official Records Book 16496, Page 768, which Mortgage is now held by Mortgage Electronic Registration Systems, Inc., by virtue of the following Assignment(s) of Mortgage recorded in Official Records Book 17483, Page 963. 6. Appropriate documents of the probate proceedings of the Estate of Medford W. Porter must be filed in the Circuit Court of Palm Beach County, Florida, establishing that title to the land descended to: Virginia Scuse. The Company reserves the right to revise and amend this commitment in accordance with its review of the said documents. 7. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 8. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 9. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 10. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 11. NOTE: 2004 taxes have: be:en paid. Order No: 5223l950LA Reference No: Eastcoast P/F Lange Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Restrictions, Dedications and Easements as contained on the Plat of KILLIAN'S PARK recorded in Plat Book 23, Page 195. 7. Rights of tenant( s) in possession, if any, under lease( s) notrecorded in the Public Records. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627 .4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Order No: 52231950LA Reference No: Eastcoast P/F Lange Exhibit "A" Lot 9 and the West 1/2 of Lot 10, KILLIAN'S PARK, A SUBDIVISION OF LOTS 36, 36-A, 60 AND 61, AMENDED PLAT OF TRADE WINDS ESTATES in Section 4, Township 46 South, Range 43 East, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida, according to the Plat thereof, as recorded in Plat Book 23, Page 95, of the Public Records of Palm Beach County, Florida. ,. Page 1 of 4 Greenberg Traurig, P.A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52232057LA Customer Reference No: East Coast plf Langston Effective Date: June 1,2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). AL T A Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation Amount of Insurance: $4,795,411.90 b). AL TA Loan 1992 with Florida Modifications Proposed Insured: T.B.D. Amount of Insurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: Langston Bag Co. of Florida, a Florida corporation 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. () This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Page 1 of 4 Page 2 of 4 Order No: 52232057LA Reference No: East Coast pIt Langston Schedule B Section 1 Req u irements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from Langston Bag Co. of Florida, a Florida corporation to Eastcoast Communities, Inc., a Florida corporation, together with evidence satisfactory to the Company of the corporation's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said deed. B. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 3. The name or names of the proposed insured and/or the amount of requested insurance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 4. Record in the Public Records a release or satisfaction of the Mortgage in favor of J.T. Shoemaker and Ruth L. Shoemaker, his wife, dated September 16. 1981, recorded September 17, 1981, securing the principal amount of $60,000.00, in Official Records Book 3597, Page 376. 5. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 6. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 7. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 8. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 9. NOTE: 2004 taxes have been paid in the following amount(s) $3,524.81 under Tax Folio No. 08-43-46-04- 17-000-0370, and $9,705.91 under Tax Folio No. 08-43-46-04-17-000-0380. Page 20f4 Order No: 52232057LA Reference No: East Coast plf Langston Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Rights of tenant(s) in possession, if any, under lease(s) not recorded in the Public Records. 7. Restrictions, dedications and easements as contained on the Plat of AMENDED PLAT OF TRADE WINDS ESTATES recorded in Plat Book 21, page 73, of the public records of Palm Beach County, Florida. NOTE: All recording references in this commitmenUpolicy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Page 3 of 4 Page 4 of 4 Order No: 52232057LA Reference No: East Coast plf Langston Exhibit "A" Lots 37,38 and 58, of AMENDED PLAT OF TRADE WINDS ESTATES, according to the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County. Florida, LESS that portion deeded to the State of Florida by instrument recorded in Official Records Book 104. Page 35, of the Public Records of Palm Beach County, Florida. Page 4 of 4 Page 1 of 4 Greenberg Traurig, P.A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52232057LA Customer Reference No: East Coast plf Langston Effective Date: June 1,2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). AL T A Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation Amount of Insurance: $4,795,411.90 b). ALTA Loan 1992 with Florida Modifications Proposed Insured: T.B.D. Amount of Insurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: Langston Bag Co. of Florida, a Florida corporation 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Page 1 of 4 Page 2 of 4 Order No: 52232057LA Reference No: East Coast plf Langston Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from Langston Bag Co. of Florida, a Florida corporation to Eastcoast Communities, Inc., a Florida corporation, together with evidence satisfactory to the Company of the corporation's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said deed. B. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 3. The name or names of the proposed insured and/or the amount of requested insurance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions andlor requirements as may then be deemed necessary. 4. Record in the Public Records a release or satisfaction of the Mortgage in favor of J.T. Shoemaker and Ruth L. Shoemaker, his wife, dated September 16,1981, recorded September 17,1981, securing the principal amount of $60,000.00, in Official Records Book 3597, Page 376. 5. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 6. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 7. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 8. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 9. NOTE: 2004 taxes have been paid in the following amount(s) $3,524.81 under Tax Folio No. 08-43-46-04- 17-000-0370, and $9,705.91 under Tax Folio No. 08-43-46-04-17-000-0380. Page 2 of 4 Order No: 52232057LA Reference No: East Coast plf Langston Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Rights of tenant(s) in possession, if any, under lease(s) not recorded in the Public Records. 7. Restrictions, dedications and easements as contained on the Plat of AMENDED PLAT OF TRADE WINDS ESTATES recorded in Plat Book 21, page 73, of the public records of Palm Beach County, Florida. NOTE: All recording references in this commitmenUpolicy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office. 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Page 3 of4 Page 4 of 4 Order No: 52232057LA Reference No: East Coast pIt Langston Exhibit "A" Lots 37,38 and 58, of AMENDED PLAT OF TRADE WINDS ESTATES, according to the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida, LESS that portion deeded to the State of Florida by instrument recorded in Official Records Book 104, Page 35, otthe Public Records of Palm Beach County, Florida. Page 4 of 4 Greenberg Traurig, P .A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52232057LA Customer Reference No: East Coast p/fLangston Effective Date: June 1,2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). ALTA Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation Amount ofInsurance: $4,795,411.90 b). ALTA Loan 1992 with Florida Modifications Proposed Insured: T .B.D. Amount ofInsurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: Langston Bag Co. of Florida, a Florida corporation 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. Countersigned: BY: Authorized Officer or Agent This Conmlitment is invalid unless the insming provisions and Schedules A and B are attached. Order No: 52232057LA Reference No: East Coast p/fLangston Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from Langston Bag Co. of Florida, a Florida corporation to Eastcoast Communities, Inc., a Florida corporation, together with evidence satisfactory to the Company of the corporation's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said deed. B. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 3. The name or names of the proposed insured and/or the amount of requested insurance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 4. Record in the Public Records a release or satisfaction of the Mortgage in favor of J.T. Shoemaker and Ruth L. Shoemaker, his wife, dated September 16,1981, recorded September 17,1981, securing the principal amount of $60,000.00, in Official Records Book 3597, Page 376. 5. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 6. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 7. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 8. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 9. NOTE: 2004 taxes have been paid in the following amount(s) $3,524.81 under Tax Folio No. 08-43-46-04-17-000-0370, and $9,705.91 under Tax Folio No. 08-43-46-04-17-000-0380. Order No: 52232057LA Reference No: East Coast p/fLangston Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, fIrst appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Rights of tenant( s) in possession, if any, under lease( s) not recorded in the Public Records. 7. Restrictions, dedications and easements as contained on the Plat of AMENDED PLAT OF TRADE WINDS ESTATES recorded in Plat Book 21, page 73, of the public records of Palm Beach County, Florida. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional OffIce, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Order No: 52232057LA Reference No: East Coast p/fLangston Exhibit "A" Lots 37, 38 and 58, of AMENDED PLAT OF TRADE WINDS ESTATES, according to the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida, LESS that portion deeded to the State of Florida by instrument recorded in Official Records Book 104, Page 35, of the Public Records of Palm Beach County, Florida. ~ Page 1 of 4 r Greenberg Traurig, P.A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52232887LA Customer Reference No: East Coast Communities Effective Date: June 1, 2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). AL TA Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation Amount of Insurance: $150,000.00 b). AL TA Loan 1992 with Florida Modifications Proposed Insured: T.B.D. Amount of Insurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: Jie Qian 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. Counter . ...0 This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Page 1 of 4 Page 2 of 4 Order No: 52232887LA Reference No: East Coast Communities Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s} creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from Jie Qian, joined by spouse, if married, to Eastcoast Communities, Inc., a Florida corporation. B. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 3. The name or names of the proposed insured and/or the amount of requested insurance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 4. Affidavit satisfactory to the Company must be recorded in the Public Records establishing that either: 1. grantor(s} in the deed recorded in the Public Records in Palm Beach County, Book 17757, Page 429, and in Official Records Book 17757, Page 430, were unmarried at the time of execution and delivery of the deed, 2. or that the subject property did not constitute any part of the grantor'(s) homestead at said time. 5. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 6. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 7. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 8. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 9. Proof of payment, satisfactory to the Company, of taxes for the year(s) 2004 in the gross amount of $682.69 under Tax Folio Number: 00-43-46-04-11-000-0060 and redemption of all tax certificates, if any. Page 2 of 4 ,. Page 3 of 4 Order No: 52232887LA Reference No: East Coast Communities Schedule 8 Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Rights of tenant(s) in possession, if any, under lease(s) not recorded in the Public Records. 7. Restrictions, dedications and easements as contained on the Plat of KILLIAN'S PARK recorded in Plat Book 23, page 195, of the public records of Palm Beach County, Florida. NOTE: All recording references in this commitmenUpolicy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Page 3 of 4 Page 4 of 4 Order No: 52232887LA Reference No: East Coast Communities Exhibit "A" All of Lot 6 and the West 1/2 of Lot 7, of KILLIAN'S PARK, according to the Plat thereof, recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. Page 4 of 4 Greenberg Traurig, P .A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52232887LA Customer Reference No: East Coast Communities Effective Date: June 1,2005 at 8:00 a.ill. 1. Policy or Policies to be issued: a). ALTA Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation Amount of Insurance: $150,000.00 b). ALTA Loan 1992 with Florida Modifications Proposed Insured: T.B.D. Amount of Insurance: $T .B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: Jie Qian 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. Countersigned: BY: Authorized Officer or Agent This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Order No: 52232887LA Reference No: East Coast Communities Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Warranty Deed from lie Qian, joined by spouse, if married, to Eastcoast Communities, Inc., a Florida corporation. B. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 3. The name or names of the proposed insured and/or the amount of requested insurance under the Owner'slMortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 4. Affidavit satisfactory to the Company must be recorded in the Public Records establishing that either: 1. grantor(s) in the deed recorded in the Public Records in Palm Beach County, Book 17757, Page 429, and in Official Records Book 17757, Page 430, were unmarried at the time of execution and delivery of the deed, 2. or that the subject property did not constitute any part of the grantor'(s) homestead at said time. 5. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 ofthe Florida Statutes. 6. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 7. Furnish Owner'slMortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 8. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 9. Proof of payment, satisfactory to the Company, of taxes for the year(s) 2004 in the gross amount of $682.69 under Tax Folio Number: 00-43-46-04-11-000-0060 and redemption of all tax certificates, ifany. Order No: 52232887LA Reference No: East Coast Communities Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value ofrecord the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Rights oftenant(s) in possession, if any, under lease(s) not recorded in the Public Records. 7. Restrictions, dedications and easements as contained on the Plat of KILLIAN'S PARK recorded in Plat Book 23, page 195, of the public records of Palm Beach County, Florida. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Order No: 52232887LA Reference No: East Coast Communities Exhibit "A" All of Lot 6 and the West 1/2 of Lot 7, of KILLIAN'S PARK, according to the Plat thereof, recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida. -.. ..... ... Page 1 of 5 Greenberg Traurig, P.A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52232060LA Customer Reference No: East Coast TWK Effective Date: June 1, 2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). AL T A Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation Amount of Insurance: $2,414,814.50 b). AL TA Loan 1992 with Florida Modifications Proposed Insured: T.B.D. Amount of Insurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: TWK, LLC, a Florida limited liability company 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. coon~ BY: ..- Authonzea or Ag ::,0\510 C&ftA_V This Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Page 1 of 5 "" Page 2 of5 Order No: 52232060LA Reference No: East Coast TWK Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record. A. Duly authorized Warranty Deed from TWK, LLC, a Florida limited liability company to Eastcoast Communities, Inc., a Florida corporation, together with evidence satisfactory to the Company of the Limited Liability Company's good standing under the laws of its domicile state and evidence satisfactory to the Company specifying the manager(s) who are authorized to execute said Deed. B. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 3. The name or names of the proposed insured and/or the amount of requested insurance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 4. Record in the Public Records a release or satisfaction of the Mortgage in favor of Brent Spechler, Spechler Family Partnership, LP, dated August 8,2002, recorded August 20,2002, securing the principal amount of $80,000.00, in Official Records Book 14051, Page 923. 5. Record in the Public Records a release or satisfaction of the Mortgage in favor of Margaret C. Soviero, dated April 29, 2004, recorded May 19,2004, securing the principal amount of $60,000.00, in Official Records Book 16989, Page 801. 6. Record in the Public Records a release or satisfaction of the Mortgage in favor of Anthony C. Soviero, as trustee for Margaret C. Soviero and Thomas W. Kugelman, dated April 6, 2004, recorded May 19, 2004, securing the principal amount of $245,000.00, in Official Records Book 16989, Page 791. 7. Record in the Public Records a release or satisfaction of the Mortgage in favor of Greenpoint Mortgage Funding, Inc., dated April 6, 2004, recorded April 22, 2004, securing the principal amount of $273,000.00, in Official Records Book 16846, Page 1255, Together With The Following Supporting Loan Document: UCC-1 Financing Statement recorded in Official Records Book 16846, Page 1276. 8. Record in the Public Records a release or satisfaction of the Notice of Tax Lien, in favor of Florida Department of Revenue, recorded in Official Records Book 14668, Page 1454. 9. Record in the Public Records a release or satisfaction of the Final Judgment, in favor of Frigidaire Financial, recorded in Official Records Book 15034, Page 700. 10. Record in the Public Records a release or satisfaction of the Final Judgment, in favor of Associates Commercial Corporation, recorded in Official Records Book 10721, Page 1148. 11. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, Page 2 01'5 , , Page 3 of5 including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 12. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule S, Part 1 of the Loan Policy to be issued. 13. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 14. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same may be included in the above Affidavit. 15. NOTE: 2004 taxes have been paid in the following amount(s) $8,590.30 under Tax Folio No. 00-43-46-04- 17 -000-0590. Page 3 0[5 , . Page 4 of5 Order No: 52232060LA Reference No: East Coast TWK Schedule B Section 2 Exceptions The pOlicy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Rights of tenant(s} in possession, if any, under lease(s} not recorded in the Public Records. 7. Restrictions, dedications and easements as contained on the Plat of AMENDED PLAT OF TRADE WINDS ESTATES recorded in Plat Book 21, page 73, of the pUblic records of Palm Beach County, Florida. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Page 4 of5 Order No: 52232060LA Reference No: East Coast TWK Exhibit "A" That part of Lot 59, AMENDED PLAT OF TRADE WINDS ESTATES, a subdivision, according to the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida; lying West of the right- of-way of State Road 5 (U.S. Highway No.1) as conveyed to The State of Florida by a Deed recorded in Official Records Book 124, Page 638, of the Public Records of Palm Beach County, Florida. Page 5 of 5 Greenberg Traurig, P.A. 1221 Brickell Avenue 24th Floor Miami FL 33131 (305) 579-0500 FAX: (305) 579-0717 Lawyers Title Insurance Corporation COMMITMENT FOR TITLE INSURANCE SCHEDULE A Order No: 52232060LA Customer Reference No: East Coast TWK Effective Date: June 1,2005 at 8:00 a.m. 1. Policy or Policies to be issued: a). ALTA Owners 1992 with Florida Modifications Proposed Insured: Eastcoast Communities, Inc., a Florida corporation Amount ofInsurance: $2,414,814.50 b). ALTA Loan 1992 with Florida Modifications Proposed Insured: T.B.D. Amount of Insurance: $T.B.D. 2. The estate or interest in the land described or referred to in this Schedule and covered herein is a Fee Simple and title thereto is at the effective date hereof vested in: TWK, LLC, a Florida limited liability company 3. The land referred to in this Commitment is described in Exhibit "A" attached hereto and made part hereof. Countersigned: BY: Authorized Officer or Agent Thi; Commitment is invalid unless the insuring provisions and Schedules A and B are attached. Order No: 52232060LA Reference No: East Coast TWK Schedule B Section 1 Requirements The following are requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Instrument(s) creating the estate or interest to be insmed must be approved, executed and filed for record. A. Duly authorized Warranty Deed from TWK, LLC, a Florida limited liability company to Eastcoast Communities, Inc., a Florida corporation, together with evidence satisfactory to the Company of the Limited Liability Company's good standing under the laws of its domicile state and evidence satisfactory to the Company specifying the manager(s) who are authorized to execute said Deed. B. Duly authorized mortgage from Eastcoast Communities, Inc., a Florida corporation to T.B.D., together with evidence satisfactory to the Company of the mortgagor's good standing under the laws of its domicile state and a satisfactory resolution from its Board of Directors specifying the officers who are authorized to execute said mortgage. 3. The name or names of the proposed insmed and/or the amount of requested insmance under the Owner's/Mortgagee Policy must be furnished and this commitment is subject to such further exceptions and/or requirements as may then be deemed necessary. 4. Record in the Public Records a release or satisfaction of the Mortgage in favor of Brent Spechler, Spechler Family Partnership, LP, dated August 8, 2002, recorded August 20,2002, secming the principal amount of $80,000.00, in Official Records Book 14051, Page 923. 5. Record in the Public Records a release or satisfaction of the Mortgage in favor of Margaret C. Soviero, dated April 29, 2004, recorded May 19,2004, secming the principal amount of $60,000.00, in Official Records Book 16989, Page 801. 6. Record in the Public Records a release or satisfaction of the Mortgage in favor of Anthony C. Soviero, as trustee for Margaret C. Soviero and Thomas W. Kugelman, dated April 6, 2004, recorded May 19,2004, secming the principal amount of $245,000.00, in Official Records Book 16989, Page 791. 7. Record in the Public Records a release or satisfaction of the Mortgage in favor of Greenpoint Mortgage Funding, Inc., dated April 6, 2004, recorded April 22, 2004, seeming the principal amount of $273,000.00, in Official Records Book 16846, Page 1255, Together With The Following Supporting Loan Document: UCC-l Financing Statement recorded in Official Records Book 16846, Page 1276. 8. Record in the Public Records a release or satisfaction ofthe Notice of Tax Lien, in favor of Florida Department of Revenue, recorded in Official Records Book 14668, Page 1454. 9. Record in the Public Records a release or satisfaction of the Final Judgment, in favor of Frigidaire Financial, recorded in Official Records Book 15034, Page 700. 10. Record in the Public Records a release or satisfaction of the Final Judgment, in favor of Associates Commercial Corporation, recorded in Official Records Book 10721, Page 1148. 11. Proof of payment, satisfactory to the Company, of all special assessments, recorded or unrecorded, including but not limited to special assessments arising under Chapter 159 of the Florida Statutes. 12. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan Policy to be issued. 13. Furnish Owner's/Mortgagor's Affidavit establishing that: All sums due for labor and/or materials for any work performed on the property have been paid and that no liens or encumbrances against the property other than as stated herein, are outstanding. 14. Furnish Owner's Affidavit establishing the rights of parties in possession. NOTE: Same lllay be included in the above AHldavit. 15. NOTE: 2004 taxes have been paid in the following amount(s) $8,590.30 under Tax Folio No. 00-43-46-04-17-000-0590. Order No: 52232060LA Reference No: East Coast TWK Schedule B Section 2 Exceptions The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes and assessments for the year 2005 and subsequent years. 3. Easements or claims of easements not shown by the Public Records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. 4. Rights of parties in possession, other than the record owner. 5. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 6. Rights of tenant( s) in possession, if any, under lease( s) not recorded in the Public Records. 7. Restrictions, dedications and easements as contained on the Plat of AMENDED PLAT OF TRADE WINDS ESTATES recorded in Plat Book 21, page 73, of the public records of Palm Beach County, Florida. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Palm Beach County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Lawyers Title Insurance Corporation Regional Office, 201 South Orange Avenue, Suite 1350, Orlando, FL 32801 Telephone 407-481-8181. Order No: 52232060LA Reference No: East Coast TWK Exhibit "A" That part of Lot 59, AMENDED PLAT OF TRADE WINDS ESTATES, a subdivision, according to the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida; lying West of the right-of-way of State Road 5 (U.S. Highway No.1) as conveyed to The State of Florida by a Deed recorded in Official Records Book 124, Page 638, of the Public Records of Palm Beach County, Florida. A FLORIDA PUBLIC UTILITIES August 24, 2005 Eastcoast Communities 6499 North Powerline Road Suite 101 Fort Lauderdale, FL 33309 RE: Portion of Miller Road Abandonment - Boynton Beach Dear: Mr. Bryan S. Gershkowitz, Please be advised that Florida Public Utilities Company has no objection to the abandonment of the existing Right of Way for a portion of Miller Road, Boynton Beach as described in your letter dated August 5, 2005. At the present time, we have no underground gas distribution facilities located within the limits of the proposed abandonment. If you have any additional que:,tions Oi' wncerns plea:sc fed free to call me at 561-366-1518. Sincerely, : ~ <:r~,-.I _ .,:'....,1'1".....) c:J.~....( 1<:: ICC~....';"'" Arnold K. Klein Engineering Technician r-.' --l I I ['C 1.:d~'11Sch, Ine. \...~~ ...., ..... West Palm Beach, Florida 33401 .... Phone: 561.832.0872 A www.fpuc.com . FPL Florida Power & Light Company, 9329 S. Military TrI., Boynton Beach, FL 33436 Phone: (561) 742-2000 Fax: (561) 742-2016 -:." '<+." .' :, ",.d ^ '.'~ .~!".[ .':...1 ---~ r.n September 7, 2005 l C'-C ,.i(;;-:schTnc. - _~ ~_'.....I I , Attn: Bryan S. Gershkowitz East Coast Communities 6499 North Powerline Road, Suite 101 Fort Lauderdale, FL 33309 Re: New East Coast Community Project, Boynton Beach Vacation of a Portion of Miller Road Dear Mr. Gershkowitz: FPL has no objection to the above referenced abandonment as long as currently there are no existing FPL distribution facilities within the requested area. A boundary survey will need to be provided to FPL to determine the exact location poles. Should FPL facilities exist in the portion of Miller Road requesting to be vacated, there are 2 options: 1. An easement must be granted to cover the existing FPL facilities prior to the right-of-way abandonment. 2. Or the customer pays all costs associated with the removal and/or relocation of existing FPL facilities. It will be the customer's responsibility to provide the necessary easement to cover any relocated facilities. Should you have any questions or if I may be of further assistance to you, please feel free to contact me at 561-742-2007 or by fax at 561-742-2016. Sincerely, ,-,-r-.../,.., :., --f~' (' L, '0' . '. Marietta Hicks Customer Project Manager ..i/,..I It.. / an FPL Group company _~__.'_' "~M_____'__."__'__'___'_'_"_'_'_____'___~__ ($ ON 0/1', - 00' Jl.t.It'.iS) ---- ~...,-~ . 'ON""~ _ ~-- -- ~""" .- ..( ~ff.:JQ,t $7) l -- ~----------1I 4..,~ _ ....... _....1 ~~-.;,~-------- .'E I ~=-~ "\..;;.~ -- ~.. -- -- -L..~ I ~";;-V "- ~-""~-I-----~ ----_~- ~ G i;~: I~!.I------~_==== ~ ;: '" ,It J {.I I a t I J il I ) L :1 I ilL .e'1 I #' il 6 I 'II I ;----1'1 : I ~ ,I ... I I ~I :l1' 1 , "'Ii 'I '" 1 ,,~: I!!Ii I I! II III ~t I ! :. '!i ;1; ! I.d ~I J.. Jt I I~ ~b:l I i -LJ __ '-I I :;;;-~---~ I ~ 01......." , l 'I: : 1 11 I I 'I I 1 ,I , 1 'I 1 ~.1. i: I:: : ~;: li' , ~. j, ': : I, I " % Ii iL____ I if 'I -1______ I ~O;lf 'I 1 I ",- , I! ~ il I I s If il I 1st !I I f"I.. " I If i , If 'I I ' I '1 , 'I: 'I S!I I . I ill Bt I I i 'I ~i~ , I', !I: I ' 'I 1'"' I I 'I I I 'I I : ;1/1 I I --.:'1 I I =7 'I I i I, I 'II . I 'f- - - I d , 11! I ....- ---I I I (1 I I I I I I I :till Io;i I :it, ~lll t I I I I I I 1 I I I I I I I I i;J ~ - - ! ~l I 1 I , , I ,~ I I a"ii I I ~i,:;~ I , l!l_~t , I ~~,ll I I ~ t ~ I I I I I I I l___ ::::--- ~~.., ..{ P'''1I/{)/H 3/Xla Cl70 ~...,..., -- CI?iV"3Y -_J Ii IIIlI:! Sit J: 8 . ii 1Il!!1:! Sit Ii Jt li II It I sit - J: ~ !l: le a:8... "'~~ll: IrS ;l!:"t - ~... '" ...::>", ~~~i~~ "l3:z~iSlll "'''lOlliI':''''' ::~~w~~ "'~~a::~", QF:!!:l"t!l:~ l!s~~!:l~o ).~~~~ ~ -.:~... l!!~~ ~ lJll!!ili ~ III Ii III:! ~ ~ s . ,= ------- """'" @ BELLSOUTH BellSouth Telecommunications, Inc. Engineering Department 2021 So. Military Trail Room 107 West Palm Beach. FL 33415 Office: 561-439-9110 Fax: 561-964-3499 Dear EastCoast Communities BellSouth has no facilities within the Miller Rd Right of Way, in the City limits of Boynton Beach. Therefore BellSouth has no objection to EastCoast Communities abandoning the Miller Rd Right of Way. Sincerely, Outside Plant Engineer Specialist Stephen Buck