APPLICATION
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The City of Boynton Beach
Am Comml!slon
129 East Ocean Avenue
BoyntoI1:Beach, Florida 33435
561.742.6784
PUBLIC ART INFORMATION FORM
THIS APPLICATION MUST BE SUBMITTED ALONG VVlTH THR SITE PLAN APPLICA nON
ProJ"'" N..... DO'jfr!:Oi1 l2;uca So,", C
Project location IN, .'\~ <Ae/mlt ((J..
Company Name 0iA.l'\c~~~t <3' ~v(Js\vV'e w-ir- ll(
Company Address <6 ..:__ ---.-'L __
CompanyPboDe 5bl .351. $5''3:>
Web site
Contaet Penon I
Phone ;5 Email &(\jtr@&IISovJn'(V-{f
Project eontact name
Plone ~{~ ",bl)-J<. Email ~e'e Ci O'f-t\
Project description (include tbe proJecta designllmage Intent, spetlal features/amenities, special
c:o"strudJon ~terl.ls)
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ProJectmarketsto - All o.S<"s \ Q.V\.d ~h...qc::. C;O'vPf
Art Locationls
Is the Art Location accessible to the public? Yes
No .
Developer/ ArchitectldesigDen concept for art
Will artist be "Ired by developer ~ \) (yes or DO)
If yes, artist resume m.st be submitted to Arts COmuUssion for approval
Call to Artists required through tb~ Commission N C'l (yes or DO)
CODstruetlon value for *y proJed tp \ 1 S em
1% Pu.blicArt Fee J% = tf7 s'u,oo' fir'
0/0 budget for the Art elementls of tb.e project 70% '"" '3 1'3 LS. 06
~Ub Fee in leu of PubUc: Art in Project 1--...( '>
81 u..l (~ 0 C
EsUmated compleUondate I WO C.
Arts Commission meet date
Date rec:ef-ved ordJnaoce wtth recommeDdatJonl and lutdelines
S:'naIq\lllm.. T~ Art "'l>r:l."il<'\~""b"f.1oImUc~
PROJECT NAME: Sonic
LOCA TION: Winchester Park Blvd. At Boynton Beach Blvd.
PCN: 08-43-45-19-05-044-0010 08-43-45-19-05-044-0020 08-43-45-19-05-044-0030
I FILE NO.: CODS 06-002 II TYPE OF APPLICATION: I
AGENTICONTACT PERSON: OWNER: Winchester, Winchester, Zeiher, &
Jon E. Schmidt Schroeder, FL GP
Jon E. Schmidt & Associates ADDRESS: P.O. Drawer 1240
ADDRESS: 333 Southern Blvd. #200 Boynton Beach, FL 33426
West Palm Beach, FL 33405 CONTRACT PURCHASER:
FAX: 561-659-6691 Chris Bender, Suncoast Royal Investments,
-
PHONE: 561-659-6690 Inc. 8496 Yorke Rd. Wellington, FL 33414
SUBMITTAL I RESUBMITTAL 11/15/05
1 ST REVIEW COMMENTS DUE: 12/2105
PUBLIC lIP ARC NOTICE:
TART MEETING: 1/17/06
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
LEGAL AD: 2/17/06
PLANNING & DEVELOPMENT BOARD 2/28/06
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: 3/21/06
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Sonic\2005 PROJECT TRACKING INFO,doc
City Co'des Accessed Via Website
www.bovnton-beach,org
www.amlegal.com/bovnton beach f1
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLICATION FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN
Has applicant attended a pre-application meeting? Yes
Date August 17 r 2005
This application must be filled out completely, accurately and submitted as an original to the Planning and
Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans
including a recent survey and appropriate fee shall be submitted with the application for the initial process of
the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED.
Please print legibly (in ink) or type all information.
I. GENERAL INFORMATION
1. Project Name: Sonic, Winchester Park Blvd. and Boynton Beach Blvd.
2. Property Owner's (or Trustee's) Name:
Winchester, Winchester, Zeiher & Schroeder, FL GP
Address: P.O. Drawer 1240, Boynton Beach, FL 33425
(Zip Code)
Phone:
Fax:
3. Applicant's name (person or business entity in whose name this application is made):
Chris Bender, Suncoast Royal Investments, Inc.
Address: 8496 Yorke Rd., Wellington, FL 33414
(Zip Code)
Phone:
Fax:
If contract purchaser, please attach contract for sale and purchase.
4. Agent's Name (person, if any, representing applicant):
Jon E. Schmidt, President, Jon E. Schmidt & Associates
Address: 333 Southern Blvd., #200, West Palm Beach, FL 33405
(Zip Code)
Phone: 561-659-6690 Fax: 561-659-6691
5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute
is specified below:*
*This is the one address to which all agendas; letters and other materials will be mailed.
6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer,
contract purchaser, etc.)
Contract Purchaser
7. Street address of location of site:
Winchester Park Blvd.
8. Property Control #(PCN) 08-43-45-19-05-044-0010/0020/0030
9. Legal description of site: See attached
10. Intended use(s) of site: Fast Food Restaurant
11. Architect: Lyman, Davidson, Dooley, Inc.
12. Landscape Architect: Jon E Schmidt & Associates, Inc.
13. Site Planner: Jon E Schmidt & Associates, Inc.
14. Engineer: Simmons & White
15. Surveyor: Richard Sheppard & Associates
16. Traffic Engineer: Simmons & White
17. Has a site plan been previously approved by the City Commission for this property?
II. SITE PLAN
The following information must be filled out below and must appear, where applicable, on all copies of
the site plan.
1. Land Use Category shown in the Comprehensive Plan: Commercial
2. Zoning District: (-3 Zoning
3. Area of Site 1.70 acres 74,052 sq. ft.
4. Land Use -- Acreage Breakdown:
a. Residential, including N/A acres % of site
surrounding lot area of grounds
b. Recreation Areas * N/A acres % of site
(excluding water area)
c. Water Area N/ A acres % of site
d.
Commercial 1.70 acres 100 % of site
Industrial N/A acres % of site
Public/Institutional N/A acres % of site
Public, Private and Canal rights-of-way N/A acres % of site
Other (specify) N/A acres % of site
Other (specify) N/A acres % of
site
e.
f.
g.
h.
i.
j. Total area of site 1.70 acres 100 % of site
*including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft.
by 50 ft.
5. Surface Cover
a.
b.
c.
courts.
site
d.
e.
Ground floor building .038
area ("building footprint")
Water area N/ A
acres 2.2
% of site
acres
% of site
Other impervious areas, including paved area of public & private streets, paved area of parking
lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic
.75 acres 44.2 % of
Total impervious area .79
acres 46.4
% of site
Landscaped area .02 acres 1.2 % of site
inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of
Landscape Code).
f.
Other landscaped areas, .89
acres 52.4
% of site
g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding
water areas N/ A acres % of site
h, Total pervious areas .91 acres 53.6 % of site
i.
Total area of site 1. 7
% of site
acres 100
6. Floor Area
a. Residential N/ A sq. ft.
b. Commercial/Office 1,674 sq. ft.
c. IndustriallWarehouse N/A sq. ft.
d. Recreational N/A sq. ft.
e. Publicllnstitutional N/A sq. ft.
f. Other (specify) N/A sq. ft.
g.
h.
Other (specify) N/"
Total floor area 1,674
sq. ft.
sq. ft.
7. Number of Residential Dwelling Units
a. Single-family detached sq. ft.
b. Duplex N/A sq. ft.
c. Multi-Family (3 + attached dwelling units)
(1 ) Efficiency N/A dwelling units
(2) 1 Bedroom N/A dwelling units
(3) 2 Bedroom N/A dwelling units
(4) 3+ Bedroom N/A dwelling units
d. Total multi-family N/A dwelling units
e. Total number of dwelling units N/A
8.
Gross Density N/ A
dwelling units per acre
9.
Maximum height of structures on site 22
feet one
stories
10. Required off-street parking
a.
Calculation of required # of
off-street parking spaces.
1/2.5 seats 40/2.5
Off-street parking spaces
provided on site plan
16
44 provided
=
=
=
b.
Calculation of required #
of handicap parking spaces
44
Number of handicap
spaces provided on site plan
2
=
REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL
TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT
BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY
COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT.
III. CERTIFICATION
(I) (We) understand that this application and all papers and plans submitted herewith become a
part of the permanent records of the Planning and Zoning Division (I) (We) hereby certify that
the above statements and any statements or showings in any papers or plans submitted
herewith are true to the best of (my) (our) knowledge and belief. This application will not be
accepted unless signed according to the instructions below.
Signature of Owner(s) or Trustee, of
Authorized Principal if property is owned by
a corporation or other business entity.
Date
fl n O~~
~ ~~^~
Signature of contract purchaser (if applicant)
rJ~ 'l-~ ZOD ,-
Date
IV.
J/'I~/D~
Date
(I) ( e) hereby designate the above-signed person as (my) (our) authorized agent in regard to
thO application.
Signature of Owner(s) or Trustee,
_or Authorized Principal if property is owned
_by a corporation or other business entity.
Date
(JX-~t-
Signature of contract purchaser (if applicant)
~~ f': 1--~ J 2.DO C;'
Date
A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW
COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO
REVIEW THIS PROJECT.
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that
all plans, specifications, drawings, engineering, and other data submitted with this application for review by the
City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties
designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall
rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and
substantial.
The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data
which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be
constructed in strict compliance with the form in which they are approved, and any change to the same shall
be deemed material and shall place the applicant in violation of this application and all approvals and permits
which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the
applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense,
daim, Ii:::~r a~N action :~;D m:~:::~o :e:~:nfo~m;:~ o;f~e sameiJ,V . , 20 ~
, ~ l^--
.e'
CONCURRENCY REQUIREMENTS
NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land development orders and permits which are
submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and
cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation,
park, and road facilities) would be available to serve the project, consistent with the levels of service which are
adopted in the City's Comprehensive Plan:
Building permit applications for the construction of improvements, which, in and by themselves, would
create demand for public facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed above, which would increase the demand
for any public facility.
Any other application, which, in and by itself, would establish the density or intensity of use of land, or
a maximum density or intensity of use of land.
Applications for development orders and permits submitted after February 1, 1990 and which
generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that ordinance.
Please be advised, however, that the following applications will be exempt from the Concurrency Management
Ordinance, pending final approval of this ordinance by the City Commission:
Applications for the development of property which was platted on or after January 13, 1978 and either
the final plat or the preliminary plat and Palm Beach County Health Department permit applications
were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the
general use which was intended for the property at the time of platting.
Applications for the development of property, which was platted prior to January 13, 1978, the area of
the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net
vehicle trips per day.
Applications for building permit, if a site plan or conditional use application was submitted prior to June
1, 1990 and subsequently approved and the site plan or conditional use has not expired.
Applications for the development of property within an approved Development of Regional Impact, and
which are consistent with the approved DRI.
Applications for approval of final plats, if the preliminary plat and application for Palm Beach county
Health Department permits for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development orders or permits, which do not increase
the demand for any public facility.
"
Please be advised that these exemption rules are tentative and will be subject to final approval by the City
Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management
Ordinance, please contact the Boynton Beach Planning &Zoning Division at (561) 742-6260.
CHAPTER 4
SITE PLAN REVIEW
Section 7. Submission Requirements.
Each applicant shall submit to the Planning and Zoning Division the following plans and exhibits in the number
of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee
adopted by resolution by the City Commission.
12 ASSEMBLED COPIES REQUIRED
A. Existina site characteristics map: A sealed survey, not older than six months, showing all adjacent
streets, alleys and driveways, and also illustrating:
1. Existing natural features, including but not limited to lakes, trees and other vegetation
and soils and topography.
2. Existing buildings, building elevations, other structures, including use, height,
dimensions and setbacks.
3. Existing utility lines and all easements.
4. Existing elevations (corner, street and finished floor)
B. Site development plan:
1. A scaled drawing clearly illustrating proposed buildings and other structures, and any
existing buildings and structures, which are to be retained, including use, height,
dimensions and setbacks.
2. Proposed off-street parking spaces, driveways and sidewalks, including location,
dimensions and setbacks, traffic control markings and signage.
3. Proposed fences and walls, including location, dimensions, setbacks, height and
material.
4. Proposed location of lighting on site.
5. Proposed dumpster location.
C. Landscape plan:
1. A separate scaled drawing (at the same scale as the site development plan) prepared as
required by state law clearly illustrating proposed trees, shrubs, grass and
2. Proposed berms, watercourses and other topographic features.
3. A notation on method of irrigation.
Architectural plan:
1. A scaled drawing clearly illustrating proposed building floor plan and elevations,
including height, exterior dimensions, exterior color and materials.
""
2. A colored elevation drawing (not mounted) showing all elevations of the building. (This
submittal can be waived by the Planning and Zoning Director when not applicable.)
E. Tabular Summary Containina:
1. Total gross project area by acreage and square footage and net buildable land area in
acres and square feet.
2. Total number of proposed residential units, including characteristics by number of
bedrooms and bathrooms and gross square footage of each typical unit.
3. Proposed nonresidential floor type of use and total gross square footage.
4. Square footage and percentage distribution of the total project site, including areas
proposed for landscaped open space, vehicular use areas, other paved areas, and
building coverage and total coverage.
5. Number and ratio of required and provided off-street parking spaces and number of
loading spaces.
6. Water bodies in acres and square feet.
7. Height of buildings.
F. Orainaae plan:
1.
2.
A separate scaled drawing (at the same scale as the site development plan) showing
elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc.
An engineer's certification in writing that drainage will conform with all rules, regulations,
codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land
Development Regulations.
Revised 10/26/01
ENGINEERING I PLANNING I CONSULTING I SINCE 1982
November 14,2005
Job No. 05-121
INSIGNIFICANT
TRAFFIC IMPACT STATEMENT
Sonic at Boynton Beach
Boynton Beach, Florida
SITE DATA
The subject parcel is located on the east side of Winchester Park Boulevard, just north of
Boynton Beach Boulevard in Boynton Beach, Florida. Proposed site development on the
currently unimproved parcel consists of 1674 S.F. of fast food restaurant without drive thru
with a build-out .of2009. Site access is proposed via a right in/right out driveway connection
to Winchester Park Boulevard. For additional information concerning site location and
layout, please refer to the site plan prepared by Jon E. Schmidt and Associates.
PURPOSE OF STUDY
This study will analyze the proposed development's impact on the surrounding thoroughfares
within the project's radius of development influence in accordance with the Palm Beach
County Land Development Code Article 12 Traffic Performance Standards.
The Traffic Performance Standards require that a proposed development meet two "tests"
with regard to traffic. Test 1, or the Link!Build-out Test, requires that no site specific
development order be issued which would, during the build-out period of the project, add
project traffic at any point on any major thoroughfare link within the project's radius of
development influence ifthe total traffic on that link would result in an average annual daily
traffic or peak hour traffic volume that exceeds the adopted threshold level of service during
the build-out period of the project.
Test 2, or the Model Test, requires that no site specific development order be issued which
would add project traffic to any link within the project's model radius of development
influence if the total model traffic on that link would result in an average annual daily traffic
volume, as determined by the model, that exceeds the adopted level of service. For the
purposes ofthis analysis, the construction contemplated in the Modified 2025 Plan shall be
used.
Simmons & White, Inc.
5601 Corporate Way Suite 200 West Palm Beach Florida 33407
T: 561.478.7848 F: 561.478.3738 www.simmonsandwhite.com
Certificate of Authorization Number 3452
Insignificant Traffic Impact Statement
Job No. 05-121
November 14,2005 - Page 2
PURPOSE OF STUDY (CONTINUED)
This study will verify that the proposed development's traffic impact will meet the above
Performance Standards.
TRAFFIC GENERATION
The daily traffic to be generated by the proposed development has been calculated in
accordance with the traffic rates provided in Table 10.8-1 Fair Share Road Impact Fee
Schedule. The net external A.M. peak hour and P.M. peak hour traffic volumes to be
generated by the proposed development have been calculated in accordance with the peak
hour traffic gene~ation rates provided by the ITE Trip Generation Manual, 7th Edition.
Tables 1, 2 and 3 show the daily, A.M. peak hour, and P.M. peak hour traffic generation for
the proposed development, respectively. Based on a proposed plan of development
consisting of 1674 S.F. of fast food restaurant without drive thru, the traffic generation for
the proposed development may be summarized as follows:
Daily Traffic Generation
A.M. Peak Hour Traffic Generation
P.M. Peak Hour Traffic Generation
=
659 tpd
40 pht
24 pht
=
=
RADIUS OF DEVELOP.MENT INFLUENCE
Based on Table 3A of the Palm Beach County Traffic Performance Standards, for a net trip
generation of 40 peak hour trips, the radius of development influence shall be one-half mile.
Based on Table 3B of the Palm Beach County Traffic Performance Standards, for a net trip
generation of 659 daily trips, the radius of development influence shall be the directly
accessed link only for Test 2.
SITE RELATED LMPROVE.MENTS
The A.M. and P.M. peak hour turning movement volumes and directional distributions at the
project entrance for the overall development are shown in Tables 2 and 3 attached with this
report and may be summarized as follows:
Insignificant Traffic Impact Statement
Job No. 05-121
November 14,2005 - Page 3
SITE RELATED IMPROVEMENTS (CONTINUED)
DIRECTIONAL
DISTRIBUTION
(TRIPS IN / OUT)
A.M. Peak Hour =
P.M. Peak Hour =
44 / 29
22 / 21
As mentioned in the SITE DATA portion of this report, site access is proposed via a right
in/right out driveway connection to Winchester Park Boulevard. Based on the turning
movement worksheet attached with this report and the Palm Beach County Engineering
guideline used in"determining the need for turn lanes of75 right turns or 30 left turns in the
peak hour, no turn lanes appear warranted.
CONCLUSION
The proposed development has been estimated to generate 659 new daily trips, 40 A.M. peak
hour trips, and 24 P.M. peak hour trips at project build-out in 2009. A brief review of the
impacted links, Boynton Beach Boulevard and Old Boynton Road, reveals that the proposed
development will have an insignificant assignment and the project appears to meet the
requirements of the Palm Beach County Traffic Performance Standards.
NOV 1 4 2005
o ert F. Rennebaum, P .E.
FL Reg. No. 41168
as: itis.05121
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1500 I MDT DRIVEWAY VOLUME
SONIC AT
BOYNTON BEACH
05-121 C.C. 11-14-05
5601 CORPORATE WAY, SUITE 200, WEST PALM BEACH, FLORIDA 33407
TELEPHONE (561) 478-7848
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JUSTIFICATION FOR CONDITIONAL USE
SONIC, BOYNTON BEACH
Rev May 23, 2006
D. STANDARDS FOR EVALUATING CONDITIONS USES. The planning and development
board and City Commission shall consider only such conditional uses as are authorized under
the terms of these zoning regulations and, in connection therewith, may grant conditional
uses absolutely or conditioned upon the faithful adherence to and fulfillment of such
restrictions and conditions including, but not limited to, the dedication of property for
streets, alleys, recreation space and sidewalks as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare, or deny conditional uses
when not in harmony with the intent and purpose of this section. In evaluating an application
for conditional use, the board and commission shall consider the effect of the proposed use
on the general health, safety and welfare of the community and make written findings
certifying that satisfactory provision has been made concerning the following standards,
where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control
and access in case of fire or catastrophe.
Ingress is available from a main entry located off Winchester Park Blvd. and a secondary
ingress and egress to the adjacent shopping center to the north. Vehicular circulation is
separated from pedestrian circulation and access to emergency vehicles is available to
all sides of the building.
2. Off-street parking and loading areas where required, with particular attention to the items
in subsection D.l. above, and the economic, glare, noise and odor effects the conditional
use will have on adjacent and nearby properties and the city as a whole.
Off street parking requirements are exceeded in the proposed design and allow for safe
and efficient access. The property is located within the middle of numerous commercial
developments and development will have no negative impact on surrounding properties.
3. Refuse and service areas, with particular reference to the items in subsection D.l. and
D.2. above.
Refuse containers are located to the rear of the property and are located out of the path
of the main circulation system. Adequate room for truck maneuvering is provided.
4. Utilities, with reference to locations, availability and compatibility.
As stated above, this development is located adjacent to multiple existing commercial
developments. All utilities are located directly adjacent to the site and will not cause any
additional public infrastructure improvements.
S. Screening, buffering and landscaping with reference to type, dimensions and character.
The proposed buffering and landscape exceeds the current land development code and is
designed to be in character with the existing developments by incorporating like
materials and design standards.
Justification
Sonic Boynton Beach
Page 2 of 3
6. Signs and proposed exterior lighting with reference to glare, traffic safety, economic
effect and compatibility and harmony with adjacent and nearby properties.
Only one monument sign is proposed for the property frontage on Winchester Park Blvd.
The lighting and development of this property is a compatible commercial use and will
work in harmony with the surrounding development.
7. Required setbacks and other open spaces.
The proposed site layout exceeds all required setbacks and open space requirements.
8. General compatibility with adjacent properties and other property in the zoning district.
The proposed development is a compatible commercial use and can only compliment the
adjacent properties of the area.
9. Height of buildings and structures with reference to compatibility and harmony to
adjacent and nearby properties and the city as a whole.
The proposed structure is one story and compatible with all adjacent structures.
10. Economic effects and adjacent and nearby properties and the city as a whole.
"Sonic ", a highly regarded national restaurant chain, is a very sought after dining
experience. This will draw patronage and can only effect nearby properties and the City
as a whole in a positive way by providing a high quality sales and service product for all
the area to benefit from.
11. Conformance to the standards and requirements which apply to site plans as set forth in
Chapter 4 of the City of Boynton Beach Land Development Regulations.
The proposed development is being submitted for review and conditional use approval
and will meet or exceed all Land Development requirements.
12. Compliance with and abatement of nuisances and hazards in accordance with the
performance standards, Section 4.N of Chapter 2; also conformance to the City of
Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach
Code of Ordinances.
No odors or fumes will be carried out of the area or be carried into any residential
district. No noise will be conducted on the site that would not be in compliance with
Chapter 15, Section 15.8.
Justification
Sonic Boynton Beach
Page 3 of 3
13. Required analysis. All conditional use applications for bars, nightclubs and similar
establishments shall include the following analysis:
a. Data on the sound emitting devices/equipment and the methods and materials to be
used to assure that the acoustic level of the City Code will be met.
NOT APPLICABLE
b. The analysis shall specify the authority and/or basis for determination of the acoustic
level of the sound emitting devices/equipment.
NOT APPLICABLE
c. The analysis of any sound retention, reduction or reflection shall include information
such as the nature, types and coefficients of sound absorbent and sound-reflecting
materials to be used, coatings of surfaces of ceilings, walls, windows and floors and
insulation to be used.
NOT APPLICABLE
d. It shall also verify that sound standards shall be met during the normal opening of
doors for people entering and exiting the establishment.
NOT APPLICABLE
~'( :----- '-
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SIMMONS,:(:srWHITE
ENGINEERING I PLANNING l CONSULTING I SINCE 1982
January 16,2006
Job No. 05-121
DRAINAGE STATEMENT
Sonic at Boynton Beach
City of Boynton Beach, Florida
SITE DATA
The subject parcel is located on the east side of Winchester Park Boulevard, just north of
Boynton Beach Boulevard in Boynton Beach, Florida and contains approximately 1.8 acres.
Proposed site development on the currently unimproved parcel consists of 1674 S.F. offast
food restaurant without drive thru For additional information concerning site location and
layout, please refer to the site plan prepared by Jon E. Schmidt and Associates.
SITE DRAINAGE
This site is located within the boundaries of the Lake Worth Drainage District and South
Florida Water Management District C-16 Drainage Basin. It is proposed that runoff be
directed to exfiltration trench by means of paved or grass swales and/or inlets and storm
sewer. Legal positive outfall is available to the site via connection to the existing drainage
system in Winchester Park Boulevard with outfall to the Lake Worth Drainage District L-24
Canal. Drainage design is to address the following:
1. Land use and grading to be consistent with South Florida Water Management
District Permit No. 50-03824-P-03
2. No runoffwiU leave the site except through an approved control structure up
to the level produced by the 25 year - 3 day storm event, the parking lot will
be protected from the 5 year - 1 day rainfall event and the finished floor will
be protected from the 100 year - 3 day rainfall event.
3. Water quality to be provided in accordance with South Florida Water Management
District requirements.
Simmons & White, Inc.
5601 Corporate Way Suite 200 West Palm Beach Florida 33407
T: 561.478.7848 F: 561.478.3738 www.simmonsandwhite.com
Certificate of Authorization Number 3452
Drainage Statement
Job No. 05-121
January 16, 2006-Page Two
Required permits/approvals shall include the following:
1. City of Boynton Beach approval.
2. Lake Worth Drainage District Permit.
. Rennebaum, P .E.
L Reg. No. 41168
as: ds.05121rob
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'IN .BOOK 7~ ,PAOE .It, OF :mE PU~'C RECOIDS .OF PALM 'BEACH '"
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DI$TANC >"'7."- FEET IV A POINT ,ON THE EAST RIGHT OF ...~y ~rNE '
OF THE OAE>>l'THENCE WItH It. .CUR~ TO THE ..RIGHT 'ALONG. THE I,
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EAST ItlCHT OF 'rAy LINE OF. .THE M^LL: ROAD WITH A CHOnD &EfdtJNC
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AGREEMENT FOR PURCHASE AND SALE
THIS AGREEMENT FOR PURCHASE AND SALE (this "Agreement") is entered into
by and between WINCHESTER, WINCHESTERt ZEIHER AND SCHROEDER. a Florida
general partnership ("Seller"), and SUNCOAST ROYAL INVESTMENTS, LLC, a Florida limited
liability company ("Buyer").
RECITALS:
Seller is the owner of certain real property located in City of Boynton Beach, Palm Beach
County, Florida, and legally described on Exhibit "A" attached hereto (the "Property"). Seller desires
to sell the Property to Buyer and Buyer desires to purchase the Property from Seller on the terms and
conditions set forth herein. The effective date of this Agreement shall be the date upon which Buyer
receives a fully executed copy of this Agreement from Seller (the "Effective Date").
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby
mutually acknowledged, the parties hereto agree as follows:
1. Purchase and Sale. Subject to all of the terms and conditions of this Agreement,
Seller shall sell to Buyer and Buyer shall purchase from Seller the Property, together with aU
appurtenances, rights, easements, rights of way, permits, licenses and approvals incident or
appurtenant thereto.
2. Purchase Price and Pavment. The purchase price to be paid by Buyer to Seller for
the Property shall be One Million Six Hundred Fifty Thousand Dollars ($1,650,000.00) (the
"Purchase Price") to be paid at Closing (as hereinafter defined) in cash or by wire transfer of
immediately available funds to an account designated by Seller at Closing.
3. Deposit. Within two (2) business days after the Effective Date of this Agreement,
Buyer shall deliver to Schroeder and Larche, P. A. ("Escrow Agent") the amount of Twenty Five
Thousand Dollars ($25,000.00) (the "First Deposit"). HBuyer terminates this Agreement prior to the
expiration of the Inspection Period in accordance with the terms of this Agreement, then the First
Deposit shall be returned to Buyer. Otherwise, within two (2) business days following the expiration
of the Inspection Period, Buyer shall deliver to Escrow Agent, via the wire transfer of immediately-
available funds, an additional deposit in the amount of Sixty Five Thousand Dollars ($65,000.00)
(the "Second Deposit'). The First Deposit and the Second Deposit, to the extent delivered to Escrow
Agent, are sometimes hereinafter collectively referred to as the "Deposit." Escrow Agent shall invest
the Deposit in an interest-bearing escrow account with all interest payable to Buyer. except in the
event of a default by Buyer hereunder, in which event the interest shall be paid to Seller. The
disposition of the Deposit shall be in accordance with the terms and conditions of this Agreement.
C:\DOCUMENTS AND SETfINGS\DBENDER\WCAL SETIINGS\TIIMPORARY INTERNET FILES\OLK2D\PUR CONTRACT
WINCHESTER REVISED 7 12 OS.DOC
4. Documents to be Delivered bv Seller. Within five (5) business days after the
Effective Date, Seller shall, to the extent that same are in Seller's possession, deliver to Buyer the
following:
(a) Surveys and Reports. Copies of all surveys, soil reports and environmental
reports pertaining to the Property.
(b) Prior Title Insurance Policy. A copy of the owner's title insurance policy
received by Seller in connection with its acquisition of the Property or a copy of the loan policy
provided to the mortgagee of the Property.
(c) Notices of Violations. Copies of any and all written notices which Seller has
received concerning any presently-uncured violations of applicable laws, ordinances, regulations or
restrictions affecting the Property.
Any of the foregoing documents delivered by Seller or on its behalf are delivered without
representation or warranty of any kind by and without recourse to Seller. These documents are being
provided to Buyer merely as a convenience and Buyer acknowledges that it will reply solely upon its
own investigation of the Property in deciding whether to proceed with the transaction contemplated
hereby.
5. Insnection Period. Buyer shall have until 5:00 p.m. on the date that is sixty (60)
days after the Effective Date (the "Inspection Period") to investigate the Property and to satisfy itself
with respect to the condition of the Property including, but not limited to, concurrency;, soil
conditions, environmental conditions, ecological matters, endangered species, engineering studies,
utilities, surveys and/or site topography, availability of utilities and storm and sanitary sewer, and the
feasibility of future development of the Property. Buyer shall have the right to investigate any and all
aspects of the Property it deems appropriate, in its sole and absolute discretion. Sener agrees to
cooperate with Buyer in Buyer's review and inspection of the Property, but shall not be required to
incur any expense or assume any liability in doing so. During the Inspection Period, Seller will
provide Buyer and Buyer's agents with access to the Property for the purposes of conducting any and
all non-invasive tests that Buyer deems appropriate with respect to the Property. Prior to the
expiration of the Inspection Period, Buyer shall have the right to terminate this Agreement by written
notice to Seller and Escrow Agent, whereupon the Deposit shall be returned to Buyer and the parties
hereto shall be relieved of all liabilities and obligations under this Agreement except to the extent
expressly provided in this Agreement to the contrary.
In conjunction with entry upon the Property by Buyer and/or Buyer's employees,
representatives, agents, contractors or any person acting by, under or through Buyer (collectively,
"Buyer's Representatives"), Buyer shall;
(a) Fully comply with all laws applicable to the activity to be performed upon the
Property and all other activities undertaken in connection therewith;
C:\DOCUMENTS AND SETTINGS\DBENDER\LOCAL SE1TINGs\TEMPORARY INTERNET FILES\OLK2D\PUR CONTRACT
WINCHESTER REVISED 112 05.DOC
2
(b) Take all actions and implement all protections reasonably necessary to ensure
that all actions taken, and the equipment, materials, and substances generated, used or brought onto
the Property pose no threat to the safety or health of persons or the environment, cause no damage to
other property of Seller or other persons;
(c) Promptly repair any damage to the Property caused by the acts or omissions of
Buyer andlor Buyer's Representatives and restore the Property to the condition that existed prior to
entry thereon by Buyer andlor Buyer's Representatives, at Buyer's sole cost and expense;
(d) Maintain or cause to be maintained, throughout the term of this Agreement, at
Buyer's expense, a policy of comprehensive general liability insurance, with a broad form
contractual liability endorsement covering Buyer's indemnification obligations hereunder, and with a
combined single limit of not less than One Million Dollars ($1,000,000.00) insuring Buyer and
naming Seller as an additional insured, against any injuries or damages to persons or property that
may result from or are related to (i) Buyer's and/or Buyer's Representatives' entry upon the Property,
and (ii) any and all other activities undertaken by Buyer andlor Buyer's Representatives on or in
connection with the Property, in such form and with an insurance company acceptable to Seller and
deliver a copy of such insurance policy to Seller prior to the fIrst entry on the Property along with a
certificate of insurance confIrming that the premium has been paid in full for a period of not less than
one (1) year, that the policy will not be terminated, canceled or modified without at least thirty (30)
days prior written notice to Seller, and designating Seller as an additional insured thereunder;
(e) Not allow the activities undertaken by Buyer or Buyer's Representatives to
result in any liens, judgments or other encumbrances being filed or recorded against the Property or
any portion thereof, or any other property of Seller or of its affiliates, and Buyer shall, at its sole cost
and expense, promptly discharge of record or escrow with Seller, on terms acceptable to Seller, funds
to discharge such liens or encumbrances that are so filed or recorded (including, without limitation,
liens for services, labor or materials furnished);
(f) Defend and indemnify Seller and its respective employees, agents, partners,
members, officers, directors and invitees (collectively, "Seller's Mfiliates"), and hold same harmless
from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs and
expenses (including, without limitation, Attorneys' Fees (as hereinafter defined) and disbursements),
suffered or incurred by same and arising out of or in connection with (i) the entry upon the Property
by Buyer and/or Buyer's Representatives, (ii) any activities conducted thereon by Buyer andlor
Buyer's Representatives, (Hi) any liens or encumbrances filed or recorded against the Property or any
portion thereof, or any other property of Seller or of Seller's Mfiliates, as a consequence of activities
undertaken by Buyer andlor Buyer's Representatives; and
(g) Cause, at Buyer's option, a Phase I environmental site assessment to be
prepared with respect to the Property. Any entry upon the Property in conjunction with same and all
activities related thereto shall be at the sole risk and expense of Buyer and Buyer's Representatives.
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In no event shall Buyer conduct a Phase II or more invasive inspection or testing of the Property
unless recommended by an environmental consultant reasonably acceptable to Seller or otherwise
required by Buyer's lender, if any. Notwithstanding anything to the contrary set forth in this
Agreement, copies of all environmental investigations and tests, including Phase I and Phase II
environmental site assessments, if applicable, shall be certified to and promptly provided to Seller at
no cost to Seller. Buyer agrees to obtain the certification to Seller provided there is no additional
cost to Buyer. If there is an additional cost the Buyer shall advise Seller and give SelJer the
opportunity to pay for this additional cost or waive the requirement. Subject to the requirements of
applicable law, in the event Buyer obtains a Phase II environmental site assessment on the Property,
the contents of the Phase II environmental site assessment shall not be disclosed in whole or in part
by Buyer to any person other than its directors, officers, employees, representatives (including legal
and financial advisers, architects, engineers, consultants and lenders) who need to know the
information for the purpose of evaluating the acquisition of the Property, and each such person shall
be informed of the confidential nature of the contents of any Phase n environmental site assessment.
Buyer shall cause such persons to keep the contents of any Phase II environmental site assessment
strictly confidential and otherwise to comply with this Agreement with respect to same. Nothing
contained in this paragraph shall restrict Buyer in disclosing information that is required to be
disclosed under Federal, State or Local Laws, Statutes, Regulations or Ordinances.
Buyer agrees to provide to Seller, at Buyer's sole cost and expense, copies of all inspection
reports and other items of due diligence including, without limitation, soil tests, environmental
audits, surveys, and traffic studies in Buyer's control. Buyer shall submit copies of the foregoing to
Seller no later than five (5) business days after Buyer's receipt of same. All items of due diligence
that are customarily certified to a buyer, seHer, lender or title company in a commercial real estate
transaction in South Florida shall be certified to both Buyer and Seller. Buyer's obligations under
this Paragraph shall survive the Closing and any earlier termination of this Agreement.
6. Permittine Period. During the period commencing upon the expiration of the
Inspection Period and ending one hundred and eighty (180) days thereafter (the "Permitting Period"),
Buyer shall pursue site plan approval (the "Approvals") for Buyer's Intended Use of the Property as a
Sonic's Drive-In Restaurant and additional office, retail or restaurant use ("Intended Use"). Buyer
shall provide Seller with copies of all submissions to be made to governmental authorities with
respect to the Property, its proposed development and the Approvals within three (3) days prior to
their submission. In addition to any other rights of Buyer under this Agreement, at any time prior to
the expiration of the Permitting Period, Buyer or Buyer's attorney shall, by giving written notice to
Seller and Escrow Agent, provided Buyer is not in default under this Agreement, have the right to
terminate this Agreement if Buyer determines that Buyer will be unable to obtain the Approvals, on
terms and conditions reasonably acceptable to Buyer, for Buyer's Intended Use. If Buyer terminates
this Agreement pursuant to this Section, provided Buyer is not in default under this Agreement,
Escrow Agent shall return the Deposit to Buyer whereupon the parties shall be relieved of all further
obligations under this Agreement. In the event Buyer does not give such notice of termination to
Seller prior to the expiration of the Permitting Period, the Deposit shall become nonrefundable and
Buyer's right of termination under this Section shall cease to exist. In conjunction with Buyer's
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pursuit of the Approvals and permits contemplated hereby, Seller shall, upon Buyer's request,
promptly execute and deliver to Buyer such customary applications, consents, authorizations or other
documentations which may be required by Buyer and shall cooperate and assist Buyer with pursuing
such Approvals, provided such assistance shall be at no cost, expense or liability to Seller.
Moreover, Seller's agreement to cooperate shall not require Seller to convey any portion of the
Property or any rights therein and shall not extend to any condition or requirement that may be
placed upon the Property or Seller prior to Closing. Buyer shall pursue the obtainment of the
Approvals with due diligence and in good faith and shall cause completed application packages for
the Approvals to be filed with requisite government entities and agencies not later than one hundred
(100) days after the Effective Date.
7. Title and Title Insurance. Within twenty (20) days after the Effective Date, Buyer
shall, at Buyer's expense, obtain an owner's title insurance commitment (the "Commitment"), from a
title company selected by Buyer (the "Title Company") agreeing to issue to Buyer, upon the
recording of the deed to the Property, an owner's marketability title insurance policy in the amount
of the Purchase Price insuring, upon Closing, the marketability of the fee title of Buyer to the
Property.
Buyer shall have ten (10) days after receipt to review the Commitment. In the event
the Commitment shall show as an exception any matter which renders title to the Property
unmarketable, Buyer shall, not later than the first to occur of expiration of that ten (10) day period or
the last day of the Inspection Period, notify Seller in writing of Buyer's objection thereto. Should
Buyer fail to give written notice of objection strictly in accordance with this provision, Buyer shall
be deemed to have accepted title to the Property as evidenced by the Commitment. Within five (5)
days after receipt of any timely-made title objection from Buyer, Seller shall notify Buyer whether
Seller elects to cure such title defect. If Seller elects not to cure such title defect, then Buyer shall, by
written notice given to Seller within ten (10) days after receipt of the notice from Seller, either
(a) agree to accept title to the Property as it then exists without any reduction in the Purchase Price,
or (b) terminate this Agreement by giving written notice to Seller, with a copy to Escrow Agent, in
which event, provided Buyer is not in default under this Agreement, Escrow Agent shall refund the
Deposit to Buyer, together with any accrued interest thereon, and the parties shall be relieved of all
further obligations hereunder except for Buyer's indemnity obligations under this Agreement and any
provision of this Agreement which, by its terms, is to survive the termination of this Agreement.
Should Buyer fail to give written notice to Seller with said ten (10) day period of its election to
proceed pursuant to either (a) or (b) of this subparagraph (b), then Buyer shall be deemed to have
elected to proceed pursuant to (a) of this subparagraph. If Seller elects to attempt to cure such title
defect, then Seller shall use good faith efforts to cure such title defect but shall not be obligated to
bring any legal action whatsoever or to expend more than Fifteen Thousand Dollars ($15,000.00) in
order to attempt to cure same, and Seller shall be entitled to thirty (30) days from the date of
notification to Buyer within which to cure such defects. If the defect(s) shall not have been so cured
at the expiration of the thirty (30) day period, Buyer's sole and exclusive remedy shall be either to:
(i) agree to accept title to the Property as it then exists without a reduction in the Purchase Price; or
(ii) terminate this Agreement by giving written notice to Seller, with a copy to Escrow Agent, in
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which event. provided Buyer is not in default under this Agreement, Escrow Agent shall refund the
Deposit to Buyer, together with any accrued interest thereon, and the parties shall be relieved of all
further obligations hereunder except for Buyer's indemnity obligations under this Agreement and any
provision of this Agreement which, by its terms, is to survive the termination of this Agreement.
Buyer shall be deemed to have elected to accept title to the Property as it then exists and to proceed
with its purchase of the Property without a reduction in the Purchase Price unless it shall give written
notice of termination within five (5) days following the expiration of said thirty (30) day period.
Notwithstanding anything to the contrary in this Agreement, Seller will satisfy any lien or mortgage
placed by Seller on the Property as of Closing and will satisfy or transfer to bond any involuntary lien
or judgment lien on the Property arising out of the acts or omissions of Seller. For purposes of this
Agreement. exceptions in the Commitment as to which Buyer fails to make timely objection or
which Buyer is deemed to have accepted in accordance with this subparagraph. taxes for the year in
which the Closing takes place and any matters caused by Buyer or Buyer's Representatives or to
which Buyer consents shall be deemed to be permitted exceptions subject to which title to the
Property will be conveyed (the "Permitted Exceptions").
8. Survey. Within twenty (20) days after the Effective Date, Buyer shall have the right
to obtain, at Buyer's expense, a survey (the "Survey") of the Property prepared by a land surveyor
registered and licensed in the State of Florida and prepared in accordance with the minimum
technical standards established in the State of Florida and as jointly established and adopted by the
American Land Title Association and the American Congress on Surveying and Mapping. The
Survey shall show theJegal description of the Property and be certified to Buyer, Buyer's attorney,
Seller, the Title Company and its agent as of a date subsequent to the Effective Date of this
Agreement. If the Survey shows any encroachments on the Property or that any improvements
located on the Property encroach on other property, or if the Survey shows any other adverse or
objectionable matters, then Buyer shall notify Seller of such objections within five (5) days after
receipt of the Survey but in no event more than twenty (20) days following the Effective Date. Any
such encroachments or objections shall be treated as a title objection and the obligations, rights and
remedies of Seller and Buyer shall be the same as set forth in the preceding Paragraph hereof.
9. Closine. Subject to the provisions of this Agreement, the purchase and sale of the
Property shall be closed on the first to occur of ten (10) days following Buyer's obtainment of the
Approvals as that term is hereinafter defined, or two hundred forty (240) days following the Effective
Date (the "Closing" and the "Closing Date").
10. Seller's Deliveries. At Closing, Seller shall deliver, or cause to be delivered, to
Buyer the following documents, each fully executed and acknowledged as required:
(a) Special Warrantv Deed. A special warranty deed conveying good and
marketable fee simple title to the Property, subject only to the Permitted Exceptions.
(b) Affidavit. An Affidavit with respect to construction liens and parties in
possession, in form reasonably acceptable to Buyer, sufficient to permit the title insurer to delete the
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"construction Hen," "rights or claims of parties in possession" (other than under the Leases) and
"gap" exceptions from the title insurance policy, and stating that the Property is free and clear of all
liens, encumbrances, licenses, contracts or claims of rights, which claims may serve as the basis of a
lien or charge against the Property, whether due to services, material or labor supplied for the benefit
of or delivered to the Property, except to the extent arising from Buyer's or Buyer's Representative's
acts or omissions or with respect to the Permitted Exceptions.
(c) FIRPT A Affidavit. A FIRPT A non-foreign transfer certificate in accordance
with Section 1445 of the Internal Revenue Code.
(d) Closing Statement. A closing statement setting forth the Purchase Price,
Deposit, all credits, adjustments and prorations between Buyer and Seller, the net cash to close due
, Seller and all closing costs and other expenses.
(e) Entity Documents. A resolution or other appropriate documentation
authorizing the transactions contemplated by this Agreement.
(f) Department of Revenue Return. The Florida Department of Revenue Return
for Transfer of Interest in Florida Real Property.
11. Buyer's Deliveries. At Closing, Buyer shall deliver, or cause to be delivered, to
Seller, simultaneously with Seller's delivery of the documents required pursuant to the preceding
Paragraph, the following, each fully executed and acknowledged as required:
(a) Purchase Price. The Purchase Price, adjusted for the Deposit and prorations
and adjustments provided for in this Agreement.
(b) Closing Statement. A closing statement between Seller and Buyer, reflecting
the Purchase Price, the Deposit, prorations and adjustments set forth in this Agreement, and all
closing costs and other expenses.
(c) Entity Documents. A resolution or other appropriate documentation
authorizing Buyer's consummation of the transactions contemplated by this Agreement and Buyer's
execution and delivery of all documents in conjunction therewith.
12. Closin2 and Recordioe: Costs. Seller shall pay for the cost of documentary stamp
taxes on the deed. Buyer shall pay for the cost of the title examination or search by the Title
Company, the premium for the title insurance policy, any commission payable to the Broker (as
hereinafter defined) the cost of the Survey and the cost of recording the deed. Except as set forth
herein, each party shall pay its respective legal fees.
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13. Adiustments and Prorations. The following are to be prorated and adjusted as of
the Closing Date:
(a) Taxes. Except to the extent payable by any tenant, the real estate taxes and
personal property taxes, if any, on the Property shall be prorated between the parties on a calendar
year basis using the real estate taxes paid for the most recent year that has been assessed and billed at
the lowest discounted amount. If the actual taxes for the year of Closing are not determinable at the
Closing Date, then the parties agree to re-prorate taxes promptly upon issuance of the tax bill for the
year of Closing. Special assessment liens certified as of the Effective Date shall be paid by the
Seller. Pending special assessment liens as of the Effective Date shall be assumed by Buyer. At
Closing, to the extent the real estate taxes are paid or payable by tenant( s): (i) if Seller has not paid
the cum:nt year=s real estate taxes, then payment of same shall be the responsibility of Buyer and
Buyer shall be entitled to receive payment for such taxes from the tenant(s); (ii) if Seller has paid the
current year's real estate taxes and has received payment for such taxes from the tenant(s), then no
further action shall be required;(iii) if Seller has paid the current year's real estate taxes and has not
received payment for such taxes from the tenant(s), then, at Closing, Buyer shall reimburse Seller in
the amount of the taxes paid by Seller and Buyer shall be entitled to receive payment for such taxes
from the tenant(s); and (iv) to the extent the taxes have been paid by tenant(s), no further action shall
be required.
14. Possession. At Closing, Buyer shall be granted full, complete and exclusive
possession of the Property.
15. Covenants of Seller. Seller hereby covenants and agrees that between the Effective
Date of this Agreement and the Closing:
(a) Seller will not, without Buyer's prior written consent, create by its consent any
encumbrances on the Property which will affect the legal description of the Property or the physical
character of same.
16. Representations and Warranties of Seller. Seller represents and warrants to Buyer
as follows:
(a) Seller is a Florida general partnership.
(b) Seller and the entities and individuals signing this Agreement on its behalf are
authorized to execute this Agreement and bind Seller to the terms hereof without the consent or
joinder of any other person or entity or any such consent or joinder has been obtained.
(c) Seller is not insolvent and is able to pay its debts as they mature. No
proceeding in bankruptcy or for the appointment of any receiver for all or any portion of Seller
Property, real or personal, has been filed by or against Seller in any federal or state court.
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(d) There is no litigation pending or, to Seller's knowledge threatened, against
Seller or the Property which would have any material, adverse effect on Seller's ability to perform its
obligations under this Agreement.
(e) The execution of this Agreement and the consummation of the transaction
contemplated herein does not and will not violate the terms of any agreement or court order which is
binding upon Seller or the Property.
(t) Seller has not received any notice from any governmental authority having
jurisdiction over the Property (other than notices related to or resulting from Buyer's investigations
of the Property) that the Property does not presently comply with any applicable federal, state, county
and municipal laws, ordinances, rules and regulations.
(g) To the best of Seller's knowledge, without investigation or inquiry, there are
no agreements, waivers or other arrangements providing for any extension of time with respect to the
assessment of any type of tax or deficiency against Seller in respect of the Property, nor are there any
actions, suits, proceedings, investigations or claims for additional taxes and assessments asserted by
any taxing authority.
(h) To the best of Seller's actual (as opposed to constructive) knowledge, there is
no pending condemnation, property dedication requirement or similar proceeding affecting the
Property.
(i) To the best of Seller's actual (as opposed to constructive) knowledge, SeJ)er
has not received written notification of any presently-existing violation of applicable laws,
ordinances, regulations or restrictions affecting the Property. If any notices are received by Seller
prior to Closing, copies of such notices will be promptly delivered to Buyer.
(j) This Agreement has been and the documents, instruments and agreements
required to be delivered by Seller pursuant to this Agreement shall be, duly executed and delivered
by Seller and shall constitute the legal. valid and binding obligations of Seller enforceable in
accordance with their respective terms. Neither the execution, delivery or performance of this
Agreement is prohibited by the terms of any agreement binding on Seller, or which requires Seller or
the individual executing this Agreement on behalf of Seller to obtain consent, approval or
authorization of or notice to or filing a registration with any person, public authority or any other
entity which has not been obtained.
(k) There are no leases in effect pertaining to the Property.
Each of the representations and warranties contained in this Paragraph shall be deemed made
as of tbe date of this Agreement and again as of the Closing Date. Notwithstanding the foregoing, in
the event that any representation or warranty regarding condemnation proceedings set forth in
subparagraph (h) above should become untrue prior to Closing, then such condition that renders the
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representation and warranty untrue shall be controlled by Paragraph 19 of this Agreement. Except
with respect to those representations or warranties set forth in subparagraph (h), if, before Closing,
Seller acquires knowledge of any condition which Seller did not have knowledge of at time of
execution of this Agreement, which does not arise from the acts or omissions of Buyer or Buyer's
Representatives, but which constitutes a material adverse change in any of the warranties or
representations of Seller under this Paragraph (a "Material Violation"), Seller shall use reasonable
efforts, but shall not be required to initiate or participate in litigation or to expend more than Fifteen
Thousand Dollars ($15,000.00), to cure such condition, and the existence of such condition shall not
be a ground for Buyer terminating this Agreement. Seller shall have the right to postpone the Closing
for a period of not more than sixty (60) days in order to do so. If Seller fails or is unable to complete
such cure, then Buyer's sole and exclusive remedy shall be to terminate this Agreement by delivering
written notice thereof to Seller within ten (10) days after the earlier to occur of: (a) the expiration of
the sixty (60) day period, or (b) receipt of written notice from Seller that it is unable to cure the
condition in question, whichever shall fIrst occur, and, provided Buyer is not in default under this
Agreement, be entitled to a refund of the Deposit whereupon the parties shall be relieved of all
further obligations hereunder except for Buyer's indemnity obligations under this Agreement and any
provision of this Agreement which, by its terms, is to survive the termination of this Agreement.
The failure of Buyer to timely provide such notice of termination, time being of the essence, shall
constitute a waiver of the termination right by Buyer and the parties shall proceed to Closing without
a reduction in the Purchase Price.
BUYER ACKNOWLEDGES THAT, EXCEPT AS SPECIFICALLY SET FORTH IN THIS
AGREEMENT AND THE SPECIAL WARRANTY DEED TO BE DELIVERED AT CLOSING,
SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH
RESPECT TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES
OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABTI...ITY, FITNESS FOR A
PARTICULAR PURPOSE, PHYSICAL OR ENVIRONMENTAL CONDITION,
GOVERNMENTAL APPROVALS OR REGULATIONS OR OTHERWISE. BUYER
ACKNOWLEDGES THAT IT HAS NOT RELIED UPON AND WllL NOT RELY UPON,
EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF
SELLER OR ITS REPRESENTATIVES WITH RESPECT TO THE PROPERTY THAT IS NOT
SPEClFICAILY SET FORTH IN TillS AGREEMENT OR ANY DOCUMENTS OR OTHER
MATERIALS DELIVERED BY SELLER. BUYER WILL CONDUCT SUCH INVESTIGATIONS
OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND
ENVIRONMENTAL CONDITION TIffiREOF, AS BUYER DEEMS NECESSARY TO SATISFY
ITSELF AS TO THE CONDmON OF THE PROPERTY AND THE SUITABll.HY OF SAME
FOR BUYER'S INTENDED USE. BUYER WILL RELY SOLELY UPON SUCH
INVESTIGATION AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF
OF SELLER. UPON CLOSING, BUYER SHALL ASSUME THE RISK THAT ADVERSE
MATTERS MAY NOT HAVE BEEN REVEALED BY BUYER'S INVESTIGATIONS AND,
UPON CLOSING, BUYER HEREBY KNOWINGLY AND VOLUNTARILY WAIVES,
RELINQUISHES AND RELEASES SELLER FROM AND AGAINST ANY AND AlL CLAIMS,
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DEMANDS, CAUSES OF ACTION (INCLUDING CAUSES OF ACTION IN TORT), LOSSES,
DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING AITORNEYSO FEES AND
COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER KNOWN OR UNKNOWN,
WHICH BUYER MIGHT HA VB ASSERTED OR ALlEGED AGAINST SELLER AT ANYTIME
BY REASON OF OR ARISING OUT OF ANY PHYSICAL OR ENVIRONMENTAL
CONDITIONS, VIOLATIONS OF ANY APPliCABLE LAWS AND ANY AND ALL OTHER
MATTERS REGARDING THE PROPERTY EXCLUDING MA TIERS WHICH ARE THE
SUBJECf OF EXPRESS REPRESENTATIONS OF SELLERS AS SET FORTH IN THIS
AGREEMENT. BUYER SHALL ACCEPT THE PROPERTY IN ITS "AS IS; WHERE IS"
CONDmON AND WITH ALL FAULTS.
17. Representations and Warranties of Buver. Buyer hereby represents and warrants
to Seller as follows:
(a) Buyer is a Florida limited liability company, duly organized, validly existing
and in good standing in the State of Florida.
(b) Any entity that is or becomes a permitted assignee of Buyer shall by duly
organized, validly existing and in good standing in the place of its formation and in Florida.
(c) Buyer and the entities or persons signing this Agreement on its behalf are
authorized to execute this Agreement and bind Buyer to the terms hereof without the consent or
joinder of any other person or entity.
(d) Buyer is not insolvent and is able to pay its debts as they mature. No
proceeding in bankruptcy or for the appointment of any receiver for all or any portion of Buyer's
property, real or personal, has been filed by or against Buyer in any federal or state court.
(e) There is no litigation pending or, to the best of Buyer's knowledge, threatened
against Buyer which would have any material adverse effect on Buyer's ability to perform its
obligations under this Agreement.
(f) The execution of this Agreement and the consummation of the transaction
contemplated hereby does not and shall not violate the terms of any agreement or court order which
is binding upon Buyer.
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",'j"
".:~~.:
18. Real Estate Broker. Seller hereby warrants to the Buyer that Seller has not engaged
or dealt with any broker or agent with respect to the purchase and sale of the Property as
contemplated by this Agreement other than Spectra Properties, Inc. (the "Broker"). Buyer agrees to
pay the Broker, at closing, a commission pursuant to a separate agreement between Buyer and
Broker, which shall only be earned if the transaction contemplated hereby closes and shall be payable
at the Closing contemplated by this Agreement. Seller shall indemnify and hold the Buyer harmless
against any and al1liability, cost, damage and expense (including, but not limited to, attorneys' fees
and costs of litigation and appeals) which Buyer shall incur because of any claim by any broker or
agent other than Broker claiming to have dealt with Seller, whether or not meritorious, for any
commission or other compensation with respect to this Agreement or to the purchase and sale of the
Property in accordance with this Agreement.
Buyer hereby warrants to the Seller that Buyer has not dealt with any broker or agent with
respect to the purchase and sale of the Property as contemplated by this Agreement other than the
Broker. Buyer shall indenmify and hold the Seller harmless against any and all liability, loss, cost,
damage and expense (including, but not limited to, attorneys' fees and costs oflitigation and appeal)
Seller shall incur because of any claim by any broker or agent, claiming to have dealt with the Buyer,
whether or not meritorious, for any commission or other compensation with respect to this
Agreement or to the purchase and sale of the Property in accordance with this Agreement.
19. Condemnation. In the event that, prior to Closing, all or any material part of the
Property shall be acquired or condemned for any public or quasi-public use or purpose resulting in a
material adverse impact upon Buyer's-ability to use the Property as anticipated, or if any acquisition
or condemnation proceedings with respect to same shall be commenced prior to1he Closing of this
transaction, Buyer, provided it is not in default under this Agreement, shall have the option to either
(i) receive a refund of the Deposit and terminate this Agreement, except for Buyer's indemnity
obligations or with respect to any provision of this Agreement which, by its terms, is intended to
survive such termination, by written notice to Seller given within thirty (30) days following Buyer
receiving notice of the condemnation action; or (ii) proceed, subject to all other terms, covenants and
conditions of this Agreement, to the Closing of the transaction contemplated hereby without a
reduction ofthe Purchase Price and receive an assignment at Closing of Seller's interest in any and
all damages, awards or other compensation arising from or attributable to such acquisition or
condemnation proceedings. Buyer's failures to provide the termination notice as contemplated by
this paragraph shall constitute Buyer's election to proceed in accordance with subparagraph (ii)
hereof.
If prior to the Closing, but subsequent to the entry into this Agreement by the parties, there
shall occur the taking, or commencement of proceedings for the taking, by condemnation or eminent
domain of a portion of the Property which will not result in a material adverse impact upon Buyer's
ability to develop and use the Property as anticipated, then, and in that event, Buyer shall have no
right to terminate this Agreement, but there shall be assigned to Buyer at the Closing all interest of
Seller in any award which may be payable to Seller on account of any such proceeding and Buyer
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shall receive a credit at Closing in an amount equal to any such condemnation award paid to Seller
prior to Closing.
20. Casualty. If fire or other casualty damages the Property prior to the Closing Date,
then this Agreement shall remain in full force and effect and in such event Seller shall assign to
Buyer any and all claims under any then-existing fire or other casualty insurance policies covering
the Property and Buyer shall take title with the assignment of such claim and subject to such
destruction or damages.
21. Default bv Buver. In the event of a default by Buyer, and if such default is not
remedied within ten (10) days after written notice to Buyer, then Seller shall have the right, upon
written notice to Buyer, to terminate this Agreement, whereupon the Deposit (or any portion thereof
actually delivered to Escrow Agent), together with interest accrued thereon, shall be delivered by
Escrow Agent to Seller as liquidated and agreed upon damages; and thereafter, the parties shall be
relieved from all further obligations hereunder other than Buyer's indemnification obligations under
this Agreement and obligations under any provision of this Agreement which, by its terms, is to
survive the termination of this Agreement, and Seller shall have no claim against Buyer for specific
performance or for damages (except with respect to Buyer's indemnification obligations). The
remedy provided for herein shall be Seller's exclusive remedy in the event of a default by Buyer.
The provisions of this paragraph giving Buyer the right to notice and an opportunity to cure defaults
shall not apply to Buyer's obligations to be performed at Closing. The limitations on Seller's
::' remedies as set forth in this subparagraph shall not apply to a default by Buyer with respect to its
indemnity obligations under this Agreement. Any notice of default delivered by Seller shall state
with particularity the alleged default of Buyer, and the action required by Buyer to cure such.rlefault.
,~ 22. Default bv Seller. In the event of a default by Seller, and if such default is not
remedied within ten (10) days after written notice to Seller (or within thirty (30) days after written
notice to Seller if such default is not capable of being cured within such ten (10) day period.
provided Seller promptly undertakes and diligently pursues such cure), then at the option of Buyer,
and as Buyer's sole and exclusive remedies, Buyer shall have the right, upon written notice to Seller,
to terminate this Agreement whereupon the Deposit. together with all interest accrued thereon, shall
be returned to Buyer and thereafter the parties shall be relieved from all further obligations. under
this Agreement other than Buyer's indemnification obligations or Buyer shall have the right to
proceed against Seller in an action for specific performance of this Agreement but without an action
for damages, provided, however, absent Buyer's written notification to SeHer that Buyer is going to
seek specific performance and the actual filing of an action seeking that remedy with a Florida circuit
court in Palm Beach County. Florida within twenty (20) days following the expiration of Seller's
cure period provided for in this Paragraph, Buyer shall be deemed to have irrevocably elected to
receive a refund of the Deposit as its sole and exclusive remedy. The provisions of this subparagraph
giving the Seller the right to notice and an opportunity to cure defaults shall not apply to Seller's
obligations to be performed at Closing.
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23. Escrow. Escrow Agent is receiving funds and is authorized and agrees by acceptance
thereof to promptly deposit such funds into an FDIC insured bank money market account with a
bank having offices in Palm Beach County. Florida, and to hold same in escrow and to disburse same
subject to clearance in accordance with terms and conditions of this Agreement. Failure of clearance
of funds shall not excuse performance by Buyer. In the event of doubt as to its duties or liabilities
under the provisions of this Agreement, Escrow Agent may. in its sole discretion, continue to hold
the monies which are the subject of this escrow until the parties mutually agree to the disbursement
thereof, or until a judgment of a court of competent jurisdiction shall determine the rights of the
parties thereto. or it may deposit all the monies then held pursuant to this Agreement with the Clerk
of the Circuit Court of Palm Beach County and, upon notifying all parties concerned of such action,
al11iability on the part of Escrow Agent, shall fully terminate, except to the extent of accounting for
any monies theretofore delivered out of escrow. In the event of any suit between Buyer and Seller
wherein Escrow Agent acting as escrow agent solely, is made a party by virtue of acting as such
Escrow Agent, hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject
matter of this escrow. Escrow Agent shall be entitled to recover reasonable attorneys' fee and costs
incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party
and shall include attorneys' fees through appellate proceedings. All parties agree that Escrow Agent
shall not be liable to any party or person whomsoever for misdelivery to Buyer or Seller of money
subject to this escrow, unless such misdelivery shall be due to willful breach of this Agreement or
gross negligence on the part of Escrow Agent. Seller and Buyer agree that the status of Seller's
counsel as Escrow Agent under this Agreement does not disqualify such law firm from representing
Seller in connection with this transaction and in connection with any dispute that may arise between
Seller and Buyer concerning this transaction, including any dispute or controversy with respect to the
Deposit. Seller and Buyer specifically waive any conflict or potential conflict of interest that Seller's
counsel may have in serving as Escrow Agent and as counsel for Seller.
24. Entire Aereement. This Agreement constitutes the entire agreement between the
parties hereto in respect of the subject matter hereof and supersedes any and all other written or oral
agreements, representations, documents, memoranda, and understandings between the parties
relating to such subject matter.
25. Bindim! Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, devisees, personal representatives. successors and permitted
assigns.
26. Survival of Provisions. All representations, warranties and agreements contained
herein shall merge into the deed of conveyance and the other instruments and documents executed
and delivered at the Closing and shall not survive the Closing contemplated by this Agreement.
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27. Waiver: Modification. The failure by the Buyer or Seller to insist upon or enforce
any of their rights shall not constitute a waiver thereof, and except to the extent conditions are
waived by the express terms of this Agreement, nothing shall constitute a waiver of the Buyer's right
to insist upon strict compliance with the terms of this Agreement. Either party may waive the benefit
of any provision or condition for its benefit which is contained in this Agreement No oral
modification of this Agreement shall be binding upon the parties and any modification must be in
writing and signed by the parties.
28. Governim! Law. This Agreement shall be governed by and construed under the laws
of the State of Florida.
29. .Jurisdiction and Venue. Each of the parties irrevocably and unconditionally: (a)
agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement may,
and to the extent permitted by the courts of the State of Florida, shall be brought in the courts of
record of the State of Florida in Palm Beach County or the District Court of the United States.
Southern District of Florida; (b) consents to the jurisdiction of each such court in any such suit,
action or proceeding; (c) waives any objection which it may have to the laying of venue of any such
suit, action or proceeding in any of such court; and (d) agrees that service of any court paper may be
effected on such party by mail. as provided in this Agreement, or in such other manner as may be
provided under applicable laws or court rules in the State of Florida.
30. HeadiD2s. The subparagraph headings as set forth in this Agreement are for
convenience or reference only and shall not be deemed to vary the content of this Agreement or limit
or enlarge the provisions or scope of any subparagraph herein.
,;, 31. Notices. All notices, requests and consents hereunder to any party, shall be deemed to
be sufficient if in writing and (i) delivered in person, (ii) delivered via facsimile if a confirmatory
mailing in accordance herewith is also contemporaneously made, (Hi) duly sent by first class,
registered or certified mail return receipt requested and postage prepaid or (iv) duly sent by overnight
delivery service, addressed to such party at the address set forth below (or at such other addresses as
shall be specified by like notice):
If to Seller:
Winchester, Winchester, Zeiher and Schroeder
9290 Nickels Blvd.
Boynton Beach, Florida 33436
Facsimile: (561) 732-3993
Attn: Mr. Bill R. Winchester
With copy to:
Schroeder and Larche, P .A.
120 E. Palmetto Park Rd., Suite 150
Boca Raton, Florida 33432
Attn: Michael A. Schroeder, Esquire
Facsimile No.: (561) 241-0798
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If to Buyer:
SUNCOAST ROYAL INVESTMENTS, LLC
8496 Yorke Road
Wellington,FL 33414
Attn: Chris Bender
Facsimile: 561- 357 .55;S
with copy to:
Robert V. DiAIberto, Esq.
4807 SW 118 Terrace
Cooper City, FL 33330
Facsimile: 954-680-8299
If to the Escrow Agent:
Schroeder and Larche, P.A.
120 E. Palmetto Park Rd., Suite 150
Boca Raton, Florida 33432
Attn: Michael A. Schroeder, Esquire
Facsimile No.: (561) 241-0798
All such notices and communications shall be deemed to have been given when transmitted in
accordance herewith to the foregoing persons at the addresses set forth above; provided, however,
that the time period in which a response to any such notice must be given shall commence on the
date of receipt thereof; provided, further, that rejection or other refusal to accept or inability to
deliver because of changed address for which no notice has been received shall also constitute
receipt. The respective attorneys for Seller and Buyer are authorized send notices and demands
hereunder on behalf of their respective clients. ,
32. Assignment. This Agreement may not be assigned by Buyer, without Seller's prior
written consent, which may be withheld in Seller's sole discretion. Buyer shall have the right to
assign this Agreement and its rights hereunder to any direct andlor indirect parent, subsidiary or
affiliate of Buyer or other business entity with which Buyer may merge, amalgamate or consolidate
without any consent or approval of Seller. This Agreement contains no provision restricting,
purporting to restrict or referring in any manner to a change in control or change in shareholders,
directors, management or organization of Buyer, or any subsidiary, affiliate or parent of Buyer, or to
the issuance, sale, purchase, public offering, disposition or recapitalization of the capital stock of
Buyer.
33. Confidentialitv. Seller and Buyer agree that all documents and information
concerning the Property delivered to Buyer, the subject matter of this Agreement, and all
negotiations relating thereto will remain confidential prior to Closing. Buyer shall not, except with
the express prior written consent of Seller, directly or indirectly: (a) disclose or permit the disclosure
of any such information to any person or entity except persons who are bound to observe the terms
hereof; or (b) use or permit the use of any information relating to the Property: (i) in any manner
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detrimental to the Seller; or (ii) for any purpose other than evaluating or pursuing the contemplated
purchase of the Property and matters related thereto. Buyer shall nonetheless, however, be permitted
to make disclosure of all such information: (a) to Buyer's attorneys, accountants. advisors, lenders
and investors and to any prospective user or purchaser of the Property or any portion thereof; or (b)
as Buyer may be required by any court order, subpoena or order of any governmental authority. In
the event the Closing does not occur, Buyer shall return all such information to Seller.
34. Attornevs' Fees. In connection with any litigation, arising out of this Agreement, the
prevailing party. whether Buyer or Seller, shall be entitled to recover all costs incurred, including
reasonable attorneys' fees and paralegal charges for services rendered in connection with such
litigation, whether incurred before, during or after trial, on appeal, or in conjunction with post-
judgment, administrative or bankruptcy proceedings (collectively tI Attorneys Fees "). The provisions
of this paragraph shall survive the Closing and any termination of this Agreement.
35. Time of the Essence. Time is of the essence with respect to each provision of this
Agreement which requires that action be taken by either party within a stated time period, or upon a
specified date. Provided however, if the date for performance is on a Saturday, Sunday or Federal
holiday, the date for performance shall be extended to the next business day. The provisions of this
paragraph shall survive the Closing and any termination of this Agreement.
36. Construction. Each party hereto hereby acknowledges that all parties hereto
participated equally in the drafting of this Agreement and that, accordingly, no court construing this
Agreement shall construe it more stringently against one party than the other.
37. Counteroarts. To facilitate execution, this Agreement may be executed in as many
., counterparts as may be required; audit shall not be necessary that the signature of, or on behalf of,
each party, or that the signatures of all persons required to bind any party, appear on each
counterpart; but it shall be sufficient that the signature of, or on behalf of, each party, or that the
signature of the persons required to bind the party appear on one or more of such counterparts. All
counterparts shall collectively constitute a single agreement.
38. Waiver of Jurv Trial. Each party hereby waives any right to a jury trial in
connection with any dispute between the parties arising out of or concerning this Agreement or any
course of conduct related hereto.
39. Ae:reement Not Recordable. Neither this Agreement, nor any notice of it, shall be
recorded in the Public Records of the county in which the Property is located.
40. Like-Kind Exchane:e. Each party acknowledges that another party may desire to
structure the transaction contemplated by this Agreement as a like-kind exchange. The parties agree
to cooperate in this regard and execute any and all documents required to structure the transaction as
a like~kind exchange so long as that cooperation does not increase the cost or change the liability of
the cooperating party or result in any delay of the Closing.
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41. Facsimile. The parties agree that the delivery, via facsimile, by either party to the
other of a copy of this Agreement, executed by the sending party, shall constitute the delivery of an
executed original and this Agreement, so delivered, shall be fully enforceable against and binding
upon the sending party. Further, it is understood and agreed that photostatic or facsimile signatures
of the original signatures of this Agreement. and photostatic or facsimile copies of this Agreement
fully executed, shall be deemed an original for all purposes, and the parties hereto and/or
beneficiaries hereof waive the "best evidence" rule or any similar law or rule in any proceeding in
which this Agreement shall be presented as evidence or for enforcement.
42. Radon Disclosure. Radon is a naturally-occurring radioactive gas that, when it is
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and radon testing may be obtained
from your county public health unit.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
last below written.
WITNESSES:
SELLER:
Print Name:
WINCHESTER, WINCHESTER, ZEIHER
AND SCHROEDER
a Florida general partnership
~~~L-
Print Name:
Its: General Partner
Date: J~\ 1...( \ 'lOJ~
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BUYER:
SUNCOAST ROYAL INVESTMENTS,
LLC,
a Flori
Print Name:
By:
Print Name: v
Its: (jI.se,,:,.{. f po...r.(- r'\-t..,
Date: :J.......( '( U). t...OO 5"
Print Name:
ESCROW AGENT
The undersigned agrees to act as Escrow Agent in accordance with the terms of this
Agreement.
SCHROEDER AND LARCHE, P.A.
{ y:~n 1Ji.~k.L..
~ Michael ~eder
, Its: ~PreSident
Dat ._ '2.1 toos
r
BROKER
The undersigned joins in the execution of this Agreement for the purpose of acknowledging
its agreement to the provisions of Section 18 above.
SPECTRA PROPERTIES, INC.
By:
Its:
Date:
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EXHIBIT "A"
LEGAL DESCRIPTION
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EXHIBIT "A"
LEGAL DESCRIPTION
WWZS PROPERTY
--
A PARCEL OF Lo\ND L YlNO IN SECTIONS J9 AND 30, TOWNSHIP 45 ftC>tTrH, RANOE 43
EAST, PALM BEACH COUNTY. FLORIDA. SAID PARCEL BEING A ~tnoN OF TRACT
44 OF THE PLAT OF SUBDIVISION OF SECTION 19, TOWNSHIP 4$ SOU11f, RANGE 43
EAST, AS RECORDED IN PLAT BOOK 7, PAGE 19, AND LOTS A AND B, BLOCK 3, OF
PALM BEACH FARMS COMPANY PLAT NO. I, OF SECTION 30, TOWNSHIP 45 SOtrrH,
RANGE 43 EAST, PLAT BOOK S, PAGE 73, OF THE PUBLIC RECOIlDS OF PALM BEACH
COUNTY, FLORIDA
COMMENCING AT 1lIE NORllIEAST CORNER OF SECTION 30, TOWNSHIP 4S SOUTH,
RANGE 43 EAST~ nmNCE wrm A BEARING OF SOU1ll17 32' 47- WEST, ALONG THE
NORTH LINE OF SECTION 30. A DISTANCE OF 702.05 FEET, TO THE POINT OF
BBOINNlNG~ AND A POINT ON nm WEST LINE OF THE RBPLA,l" OF BOYNTON
COMMONS, P.C.D., AS RECORDED IN PLA:r BOOK 81, PAGES 10-12, !OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORJD.-\; nlENCE WI1H A BEJJUNG OF SOUTH
02 27' 13- BAST, ALONG THE WEST LINE OF mE ABOVE DESCRIBED PLAT. A
DISTANCE OF 2S.00 FEET~ mENCE NOR11I87 32' 47. EAST, A DIS"tANCE OF 28.70
FEET~ TO A POINT ON THE WEST LINE OF TRAcr -A-, OF REPLAT OF BOYNTON
COMMONS, SAID LINE ALSO BEING, mE EAST LINE OF LOTS A AlIID B, BLOCK 3.
PALM BEACH FARMS COMPANY, PUT NO. 8~ nmNCE WITH A BEAJ;tlNG OF SOUTH
01 12' 53. BAST, A DISTANCE OF 35.00 FEET TO A POINT, (SAID POINT BEINO THE
SOU'llfWEST CORNER. OF me REPLAT OF BOYNTON COMMONS). 1iImNCE WlTIf A
BEARING OF SOUTH 87 32'." WEST. ALONG A LINE L VlNO 60.00 FEET soum OF
AND PARAlLEL TO THE NORllI LINE OF SEcnON 30. A DISTANCE ()F 120.84 FEET;
THENCE WJ11fA BEARING OF NOR11f 01 I" .U. WEST. A DIST ANCB 01' 3S.00 FEET TO
A POINT; 1HENCE wmr A BEARING OF soum 87 32' 47. WEST, ALONe; A LINE L VING
25.00 FEET. SOL"11I OF AND PARALLEL TO THE NORm LINE OF SECTION 30. A
DISTANCE OF 193.94 FEET, TO A POINT ON mE EAST RIGHT 01' WAY UNE OF
WINCHESTER PARK BOULEVARD~ 1HENCB WITH A BBARING OF NO:RTH 01 18' 43"
WEST, ALONG nm EAST RIGHT OF W A V LINE, A DISTANCE OF 25.00FEET~ TIfENCE
WI1H A CURVE TO nIB RIGHT, HAVING A MOM OF 2193.99 FEET. AN ARC LENGTH
~F 231.03 FEET, A CENTRAL ANGLE OF 6 or 00., AND A CHORD BEAJUNG OF NORTH
Ot 42' I.,. EAST. T') A POINT~ ON THE SOUTH LINE OF TRAcr A. · OF THE RBPLA T OF
BOYNTON COMM 'JNS; THENCE WI1lf A BEAR.ING OF NORm 83 16' 46" EAST ALONG
THE soum LINF. ,)F TRACT "A", DISTANCE OF 269.63, FEET TO A POINT ON THE WEST
LINE OF TRACT ".t\ It; THENCE WI1lf A BEARING OF SOUTH 02 27. l:tlt EAST, ALONG
TIm EAST LINE Oi7 TRACT · A". A DISTANCE OF 250. 38 FEET MOllE OP~ LESS TO THE
POINT ON BEGINJo/fNG.
CONTAINING 78. 398 SQUARE FEET. ('-80 ACRES) MORE OR LESS, Mn> SUBJECT TO
EASEMENTS. RIGfrrS OF WAYS, AND RESERVATIONS OF RECORD:"'"
LESS AND EXCLUDING:
[CONTINUED NEXT PAGE] .
...... ---.-...
.. ..:' I........:., ',." ".' .....
I
!
;', ._,;". ':.:. .~.',_~;,,,,,,':';':':,;""~'! :""""..:,;...."'.,,)..:........1... ~.;;').-'..,
A PARCEL OF LAND LYING rN SECTION 30, TOWNSHIP ~5 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, PLORJDA, SAID PARCEL BEING A PORTION OF lOTS A AND
B, BLOCK l, OF PALM BEACH FARMS COMPANY PLAT NO, 8, OF SECTION 30,
TOWNSHrp 45 SOVlH. RANGE 43 .EAST, PLAT BOOK 5, PAGE 73. OF llfE PUBlfC
RECORDS OF PALM BEACH COUNTY, FLORIDA
COMMENCING AT nm NORllfEAST CORNER OF SECTION 30, TOWNSHIP 45 soum,
.RANGE 43 EAST; TIfENCE WIni A BEAIUNQ OF SOl1TH 87 32' 47. WEST. ALONG TIlE
NORTH LINE OF SECTION 30, A 0181 ANCE OF 702.05 PEET, A POINT ON THE WEST
LINE OF llfE REPLAT OF BOYNTON COMMONS. P.C.D., AS RECORDEr> rN PLAT BOOK ,
II, PAGES 10-12, OF THE PUBLIC RecoRDS OF PALM B~CH COUNTY, FLORIDA~
TIfENCE WIlH A altAJuNG OF SOUTH 02 27' 13. EAST, ALONG THE WEST LINE OF lliE
ABOVE DESCRIBED PLAT, A DISTANCE OF 25.00 FEET TO mE POINT OF BEGINNING;
THENCE NORTH 87 32' 47. EAST, A DISTANCE OF 21,70 FEET; TO A POINT ON nm
WEST LINE OF TRACT -A., OF REPLAT OF BOYNTON COMMONS, SAID LINE ALSO
BHlNO. THE EAST LINE OF LOTS A AND B, BLOCIC 3, PALM BEACH FARMS COMPANY,
PLAT NO. I; THENCE WPI'H A BEARING OF SOUTH 01 IT S31t EAST. A DISTANCE OF
35.00 FEET TO A POINT. (SAID POINT BEING THE SOUllIWEsT CORNER OF THE
REPLAT OF BOYNToN COMMONS), THENCE WI1lf A BEAJUNG OF SOtnH 17 32' 47.
WEST. ALONG A LINE LYING 60.00 FEET SOtml OF AND PARALLEL TO nm NORlli
' LINE OF SECTION 30, A DISTANCE OF 120.84 FBET; 1lfENCE WJllf A BEARING OF
NORTH 01 18' 43" WEsT, A DISTANCE OF 35.00 FEET 10 A POINT; THENCE Wlm A
BEAJUNo OF NOR1lf 87 32' 41. EAST, ALONG A LJNE L YlNO 25.00 FEET, SOUllf OF
. AND PARAU.EL TO THE NORTH LINE OF SECTION 30, A DISTANCE OF 92.20 PEIIT,
. MORE OR LESS 1:0 me POINT ON BEGINNING.
iCONT AlNING 4230 SQUARE FEET, (0,10 ACItES) MORE OR. LESS, AND SUBJECT TO
!EASEMENTs. RIGHTS OP WAYS, AND RESERVATIONS Of RECORD.
,
-.....,.....-....- . -p .
~.
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.~ Fidelity National Title
INSURANCE COMPANY
Plantation Office
150 S. Pine Island Road, Suite 510. Plantation, FL 33324
(9541 236-5563. FAX (954) 236-8240
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
The coverages provided by the Closing Protection Letter printed on the inside cover of this commitment are extended
to the proposed insured(s) identified below:
Escrow File No.: 05-015-909721
Commitment No.: 05-015-909721
1. Effective Date: July 26, 2005. at 08:00 A.M.
2.
Policy or Policies to be issued:
Amount of Insurance
ALTA Owner's Policy (10-17-921 w/Florida Modifications
Proposed Insured:
$1,650,000.00
Suncoast Royal Investments, LLC. a Florida limited liability company
AL T A Loan Policy (10-17-921 wlFlorida Modifications
Proposed Insured:
$1,000.00
TO BE DETERM IN ED
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the estate or interest in said land is at the effective date hereof vested in:
Winchester, Winchester, Zeiher and Schroeder, a Florida general partnership
5. The land referred to in this commitment is described as follows:
SEE EXHIBIT "'A- ATTACHED HERETO AND MADE A PART HEREOF
SEP-15-2006 17:06
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P.03
EXHIBIT "A"
A parcel of land lying in Sections 19 and 30, Township 45 South, Range 43 East, Palm Beach County,
Florida, said parcel being a portion of Tract 44 of the Plat of Subdivision of Section 19, Township 45
South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 7, Page 19, and Lots A
and B, Block 3, of PALM BEACH FARMS COMPANY PLAT NO.8, of Section 30, Township 45 South,
Range 43 East, according to the Plat thereof, as recorded in Plat Book 5, Page 73. of the Public Records
of Palm Beach County, Florida, more particularly described as follows:
COMMENCING at the Northeast corner of Section 30, Township 45 South, Range 43 East; thence with
a bearing of South 87032'4r West along the North line of Section 30, a distance of 702.05 feet to
the POINT OF BEGINNING (and a point on the West line ofthe REPLAT OF BOYNTON COMMONS,
P .C.D. as recorded in Plat Book 81, at Page 10, of the Public Records of Palm Beach County, Florida;
THENCE with a bearing of South 02027'13" East along the West line of the above described Plat, a
distance of 25.00 feet; THENCE North 87032'47" East, a distance of 28.70 feet, to a point on the
West line of Tract" A", of REPLA T OF BOYNTON COMMONS, said line also being the East line of Lots
A and B, Block 3, PALM BEACH FARMS COMPANY PLAT NO.8; THENCE with a bearing of South
01012'53" East, a distance of 35.00 feet to a point (said point being the Southwest corner of the
REPLAT OF BOYNTON COMMONS); THENCE with a bearing of South 87032'47" West, along a line
lying 60.00 feet South of and parallel to the North line of Section 30, a distance of 120.84 feet;
TH ENCE with a bearing of North 01 0 1 8' 43" West, a distance of 35.00 feet to a point; THENCE with
a bearing of South 87032'47" West, along a line lying 25.00 feet Southof and parallel to the North line
of Section 30, a distance of 193.94 feet to a point on the East right of way line of Winchester Park
Boulevard; THENCE with a bearing of North 01018'43" West, along the East right of way line, a
distance of 25.00 feet; THENCE with a curve to the right, having a radius of 2193.99 feet, an arc
length of 231.03 feet, a central angle of 06002'00", and a chord bearing of North 01042'17" East,
to a point on the South line of Tract" A", of the REPLA T OF BOYNTON COMMONS; THENCE with a
bearing of North 83016'46" East along the South line of Tract "A", a distance of 269.63 feet, to a
point on the West line of Tract "A"; THENCE with a bearing of South 02027'13" East along the East
line of Tract "A", a distance of 250.38 feet, more or less, to the POINT OF BEGINNING.
LESS AND EXCLUDING:
A parcel of land lying in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida,
said parcel being a portion of Lots A and B, Block 3, of PALM BEACH FARMS COMPANY NO.8, of
Section 3D, Township 45 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book
5, at Page 73, of the Public Records of Palm Beach County, Florida, more particularly described as
follows;
COMM ENCING at the Northeast corner of Section 30, Township 45 South, Range 43 East, Palm Beach
County, Florida; THENCE with a bearing of South 87032'47" West along the North line of Section 30,
a distance of 702.05 feet, to a point on the West line of the REPLA T OF BOYNTON COMMONS,
P.C.D., as recorded in Plat Book 81, at Page 10, of the Public Records of Palm Beach County, Florida;
THENCE with a bearing of South 02027'13" East along the West line of the above described Plat, a
distance of 25.00 feet to the POINT OF BEGINNING; THENCE North 87032'47" East, a distance of
28.70 feet to a point on the West line of Tract "A", of the REPLAT OF BOYNTON COMMONS, said line
also being the East line of Lots A and B, Block 3, PALM BEACH FARMS PLAT NO.8, according the the
Plat thereof, as recorded in Plat Book 5, at Page 73, of the Public Records of Palm Beach County,
Florida; THENCE with a bearing of South 01012'53" East, a distance of 35.00 feet to a point (said
point being the Southwest corner of the REPLAT OF BOYNTON COMMONS); THENCE with a bearing
of South 87032'47" West, along a line lying 60.00 feet South of and parallel to the North line of
SEP-15-2005 17:06
. , Plantation
P.04
Section 30, a distance of 120.84 feet; THENCE with a bearing of North 01018'43" West, a distance
of 35.00 feet to a point: THENCE with a bearing of North 87032'47" East, along a line lying 25.00 feet
South of and parallel to the North line of Section 30, a distance of 92.20 feet, more or less, to the
POINT OF BEGINNING.
JCA/JCA
SEP-15-2005 17:06
r ~ Plantation
P.05
SCHEDULE B I
(Requirements)
Escrow File No.: 05-015-909721
Commitment No.: 05-015-909721
The following are the requirements to be complied with:
1. Payment to, or for the account of, the sellers or mortgagors of the full consideration for the estate
or interest to be insured.
2. Instruments in insurable form which must be executed, delivered and duly filed for record:
A. Warranty Deed to be executed by one or more of the authorized partners of Winchester, Winchester,
Zeiher and Schroeder, a Florida general partnership, in favor of Suncoast Royal Investments, LLC,
a Florida limited liability company.
B. Mortgage encumbering the subject property:
Mortgagor(s) :
In favor
of Mortgagee(s):
Principal Amount:
Suncoast Royal Investments, LLC, a Florida limited liability company
TO BE DETERMINED
$1,000.00
Note: Said mortgage must be executed by an authorized agent/manager of the company.
3. Satisfaction or release of the following mortgage:
Original lender:
Original Amount:
Recorded:
Carney Bank
$100,000.00
January 27, 1988, O.R. Book 5557, Page 789, Public Records.
Modification recorded March 13,1990, O.R. Book 6382, Page 1754, of the Public Records.
Modification recorded March 6, 1991, O.R. Book 6748, Page 120, of the Public Records.
Modification recorded September 16, 1991, O.R. Book 6957, Page 1048, of the Public Records.
Modification recorded February 19, 1992, O.R. Book 7126, Page 455, of the Public Records.
Modification recorded October 27, 1992, O.R. Book 7449, Page 486, of the Public Records.
Modification recorded September 7, 1993, O.R. Book 7874, Page 1191, of the Public Records.
Modification recorded August 17. 1994. O.R. Book 8390, Page 1760, of the Public Records.
Modification recorded August 14, 1995, O.R. Book 8873, Page 1515, of the Public Records.
Assigned to:
Recorded~
Elsie A. Winchester
April 11, 1997, O.R. Book 9742, Page 190, Public Records.
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4. Recordation of an affidavit. signed by one or more of the authorized partners of Winchester
Winchester, Zeiher and Schroeder, a general partnership, stating: '
a. That the partnership is currently in existence.
b. The names of all of the current partners.
c. That the partner executing the deed or mortgage is authorized to do so under the
partnership agreement or that all of the partners have consented to the conveyance
or mortgage.
d. That neither the partnership nor any of the signing partners have been debtors in a
bankruptcy proceeding during the existence of the partnership.
8. If there are corporate general partners, that they have not been dissolved.
The Company reserves the right to make additional requirements or exception after review of the
requested documentation.
5. As to Suncoast Royal Investments. LlC. a limited liability company, the Company will require:
A. Proof that the limited liability company was duly registered with the Florida
Department/Secretary of State, or other place of formation, as of the date of taking
title to or other interest in the insured land.
B. Present for review the articles of organization and regulations of said limited liability
company.
C. Recordation of an affidavit by the person(s) executing the deed/mortgage required
herein, to which is attached a true and correct copy of those portions of the articles
of organization and regulations governing execution of instruments or, if none,
governing management of the limited liability company.
D. Execution of the deed/mortgage required herein by such person(s). if any, specifically
authorized to execute such instrument by the articles of organization or regulations.
If the articles of organization or regulations do not specifically provide who is to
execute such instrument, the instrument must be executed by all managers, if
management is delegated to one or more managers. If management is retained by its
members, only one member is required to execute the instrument. If the limited liability
company is dissolved, the deed must be executed by all surviving managers. or, if
none, by all of the members as trustees of the dissolved limited liability company, or
as otherwise required in the articles of organization or regulations.
E. If the limited liability company is dissolved. a certified copy of the Certificate of
Dissolution must be recorded, together with an affidavit stating that the purpose of the
conveyance is to wind up the business affairs of the limited liability company.
The Company reserves the right to make additional requirements or exception after review of the
requested documentation.
6. Obtain and record a Surveyor's Certificate reflecting (i) that the subject property described in Exhibit
A above is wholly contained within those certain deeds recorded in O.R. Book 3135, Page 1241,
O.R. Book 4759, Page 1369, O.R. Book 4793. Page 1056, O.R. Book 5569, Page 4, O.R. Book
8215, Page 644, O.R. Book 9742, Page 224, O.R. Book. 9742, Page 230, and O.R. Book 9742. Page
236, all of the Public Records, and (ii) that the subject property described in Exhibit A above is
wholly contained within Parcel Control Numbers 08-43-45-19-05-044-0010,
08-43-45-19-05-044-0020, and 08-43-45-19-05-044-0030.
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7. Submit proof that any outstanding municipal andlor county tax assessments which are due. have
been paid.
8. Submit proof of payment of City of Boynton Beach service charges for water, sewer and/or waste.
if any.
Any reference to O.R. (Official Records) or Public Records shall be deemed to be located in the
Official Records of the County where the subject property is located.
NOTE: If the mortgage to be insured is a purchase money mortgage. unless requested by the lender.
judgmentslliens against the borrower(s) which are subordinate to the insured mortgage are not
shown herein. If the mortgage is not a purchase money mortgage, the Company reserves the right
to make additional requirements or exceptions.
END OF REQUIREMENTS
SEP-15-2005 17:06
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SCHEDULE 8 II
(Exceptions)
Escrow File No.: 05-015-909721
Commitment No.: 05-015-909721
Schedule B of the policy or policies to be issued will contain exceptions to the following matters 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. All assessments and taxes for the year 2005 and all subsequent years, which are not yet due and
payable.
3. Any lien. or right to a lien. for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
4. Any encroachments. easements, measurements. variations in area or content, party walls or other
facts which a correct survey of the premises would show.
5. Rights or claims of parties in possession not shown by the public records.
6. Roads. ways. streams or easements. if any, not shown by the public records, riparian rights and the
title to any sovereignty lands.
7. EasementCs) for the purpose(s) as may be shown below and rights incidental thereto as set forth in
a document:
Purpose:
Recorded:
To the City of Boynton Beach for the Installation of Water and Sewer Lines
O.R. Book 3649, Page 1134. Public Records.
8. Any rights or interests as indicated by that certain instrument:
Name of
Instrument: Agreement wI the Lake Worth Drainage District
Recorded: O.R. Book 4377, Page 55, Public Records.
9. Any rights or interests as indicated by that certain instrument:
Name of
Instrument: Agreement wI the Lake Worth Drainage District
Recorded: O.R. Book 6196, Page 582, Public Records.
, O. Ordinance No. 092-14, by the City Commission of the City of Boynton Beach, recorded in O.R. Book
7281, Page 254, of the Public Records.
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11. Any rights or interests as indicated by that certain instrument:
Name of
Instrument: Piping, Paving and Parking License Agreement
Recorded: O.R. Book 8215, Page 634, Public Records.
As affected by First Amendment recorded in O.R. Book 9742, Page 263, Public Records.
12. Easement(s) for the purpose!s) as may be shown below and rights incidental thereto as set forth in
a document:
Purpose:
Recorded:
In favor of the Lake Worth Drainage District
O.R. Book 9742, Page 199, Public Records.
13. Covenants, conditions. restrictions and/or easements (deleting therefrom any restrictions indicating
any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial
status or national origin), contained in an instrument:
Recorded: O.R. Book 9742, Page 336, Public Records.
14. Any rights or interests as indicated by that certain instrument:
Name of
Instrument: Drainage and Off Site Water Retention Easement Agreement
Recorded: O.R. Book 9742, Page 367, Public Records.
As affected by First Amendment to Drainage and Off Site Water Retention Easement Agreement
recorded in O.R. Book 10939, Page 1433, and re-recorded in O.R. Book 11005, Page 1376. both
of the Public Records.
15. Easement(s) for the purpose(s) as may be shown below and rights incidental thereto as set forth in
a document:
Purpose:
Recorded:
To the City of Boynton Beach for Underground Water Lines
O.R. Book 10235, Page 1474, Public Records.
16. Easementls) for the purpose(s) as may be shown below and rights incidental thereto as set forth in
a document:
Purpose:
Recorded:
To Florida Power & Light Co.
O.R. Book 14424, Page 684, Public Records.
Any reference to O.R. (Official Records) or Public Records shall be deemed to be located in the
Official Records of the County where the subject property is located.
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Items " 3, 4 and 5 will be deleted from Schedule B. Section 2 of the Commitment, provided:
(a) a satisfactory current survey is submitted, if applicable;
Ib) an affidavit of the seller/mortgagor affirming no knowledge of any adverse matters or liens
which might affect the title to the property, and possession;
(c) it is determined the real property taxes and special assessments have been paid;
(d) it is determined there is nothing of record which would give rise to construction liens which
would take priority over the insured mortgage.
Additional exceptions will be made in the policy for any appropriate matters disclosed.
NOTE: The loan policy issued pursuant to this Commitment will have attached a Florida Endorsement
Form 9 provided the following conditions are met to the satisfaction of the Company:
1 . A current survey is reviewed for encroachments and violations of restrictions and
setback lines, and if present, determined to be minor. Said encroachments or
violations will be listed in Schedule B of the policy.
2. A seller'slborrower's affidavit is properly executed by the appropriate parties.
NOTE: One or more of the following endorsements may be attached to the loan policy if applicable
and a premium paid therefor:
Navigational Servitude Endorsement
AL TA 8.1 Environmental Protection Uen
AL T A 6 Adjustable Rate Endorsement
AL TA 6.2 Negative Amortization Endorsement
Revolving Credit Endorsement
AL T A 4.1 Condominium Endorsement
AL T A 5.1 Planned Unit Development Endorsement
Note: Tax Parcel No. 08-43-45-19-05-044-0010, Gross Amount of $4,901.42.
Note: Tax Parcel No. 08-43-45-19-05-044-0020, Gross Amount of $8,447.08.
Note: Tax Parcel No. 08-43-45-19-05-044-0030, Gross Amount of $0.00.
THIS COMMITMENT IS NOT AN ABSTRACT OR OPINION OF TITLE. THE LIABILITY OF THE
COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE SOLELY UNDER AND SHALL BE
GOVERNED BY THE CONDITIONS OF THIS COMMITMENT.
END OF EXCEPTIONS
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Closing Protection Letter
The o~erati~n and s~ope of the following Closing Protection Letter ("Letter") is limited to the transaction which is the subject of the commitment
:0 which thl~ Letter I1J attached and is also directed to those person{s) andlor entity{iesl set forth in the Letter end identified as II proposed insured
In the commitment.
RE: Issuing Agent: Agent countersigning the attached commitment.
When title insurance of Fidelity National Title Insurance Company (the .Company.) is specified for your protection in connection with closings of
real estate transactions in which you are to be the lessee or purchaser of an interest in land or a lender secured by a mortgage (including any security
instrument) of an interest in land, the Com pany, subject to the Conditions and Exclusions set forth below. hereby agrees to reimburse you for actual
loss incurred by you in connection with such closing when conducted by said issuing Agent when such loss arises out of:
1. Failure of said Issuing Agent to comply with your written closing instructions to the extent that they relate to (a) the status
of the title to said interest in land or the validity, enforceability and priority of the lien of said mortgage on said interest in land,
including the obtaining of documents and the disbursement of funds necessary to establish such status of title or lien, or (bl
the obtaining of any other document, specifically required by you, but not to the extent that said instructions require a
determination of the validity, enforceability of effectiveness of such other dOCUMent, or leI the collection and payment of funds
due you, or
2. Fraud or dishonesty of said Issuing Agent in handling your funds or documents in connection with such closing.
If you are a lender protected under the foregoing paragraph, your borrower in connection with a loan secured by a mortgage on a one-ta-four family
dwelling shall be protected as if this Letter were addressed to your borrower.
Conditions and Exclusions.
A. The Company will not be liable to you for loss arising out of:
1. Failure of said Issuing Agent to comply with your closing instructions which require title insurance protection inconsistent with
that set forth in the title insuranoe binder or commitment Issued by the Company. Instructions which require the removal of
specific exceptions to title or compliance with the requirements contained in said binder or commitment shall not be deemed
to be inoonsistent.
2. Loss or impairment of your funds in the course of collection or while on deposit with a bank due to bank failure, insolvency
or suspension. except such as shall result from fallure of said Issuing Agent to comply with your written closing instructions
to deposit the funds in a bank which you designated by name.
3. Mechanics' and materialmen's liens in connection with your purchase or lease of construction loan transactions, except to the
extent that protection against such liens is afforded by 8 title insurance binder, commitment or policy of the Company.
4. The periodic disbursement of construction loan proceeds of funds furnished by the owner to pay for construction costs during
the construction of Improvements on the land to be insured, unless an officer of the Company has speoifically acoepted the
responsibility to you for such disbursement program in writing.
B. When the Company shall have reimbursed you pursuant to this Letter, it shall be subrogated to all rights and remedies which you would have
had against any person or property had you not been so reimbursed. Liability of the Company for such reimbursement shall be reduced to the extent
that you have knowingly and VOluntarily impaired the value of such right of subrogation.
C. Any liability of the Company for loss incurred by you in connaotion with closings of real estate transactions by said Issuing Agent shall be limited
to the protection provided by the Letter. However, this Letter shall not affect the protection afforded by a title insurance binder, commitment or
policy of the Company. The dollar amount of liabUity hereby incurred shall not be greater than the amount of the title insurance binder, commitment
or policy of title insurance to be issued, and liability hereunder as to any particular loan transaotion shall be coextensive with liability under the policy
issued to you in connection with such transaction. Payment in accordance with the terms of this Letter shall reduce by the same am ount the liability
under such policy and payment under such policy shall reduce by the same llmount the Company's liability under the terms of this letter.
D. Claims of loss shall be made promptly to the Company at its principal offioe at 2 Park Avenue, New York., NY 10016. When the failure to give
prompt notice shall prejudice the Company. then liability of the Company hereunder shall be reduced to the extent of such prejudice. The Company
shall not be liable hereunder unless notice of loss in writing is received by the Company within nInety (90) days from the date of discovery of such
loss.
E. Nothing contained herein shall be consumed as authorizing compliance by any issuing agent with any such closing instructions, compliance with
which would constitute a violation of any applicable law. rule or regulation relating to the activity of title insurers or their issuing agents, and their
failure to comply with any such closing instructions shall not create any liability under the terms of this Lettsr,
F. The protection herein offered will be effective until cancelled by written notice from the Company. Any previous insured Closing Service Letter
or similar agreement is hereby cancelled, except as to closings of your real estate transactions regarding which you have previously sent (or within
30 days hereafter send) written closing instructions to said Issuing Agent.
SEP-16-2005 17:07
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Fidelity National Financial Group of Companies' Privaoy Statement
July 1. Z001
We recognize and respect the privaoy expectations of toclay's consumers and the requirements of epplioable federal and state privacy laws. We
believe that making you aware of how we use your non-publio parsonal information ("Personal Information.), and to whom it is disclosed. will form
the basis for a relationship of trust between U8 and the public that we serve. This Privacy Statement provides that explanation. We reserve the right
to ohange this Privacy Statement from time to time consistent with applicable privacy laws.
In the course of our business. we may collect Peraonallnformation about you from the foHowing lIOUrceS:
. From applications or other forms we receive from you or your authorized representative;
From your transactions with. or from the services being performed by. us. our affiliates, or others;
From our internet web sites;
From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or
others; and
From consumer or other reporting agenoies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Parsonallnformation
We maintain physical, electronic and procedural safeguards to proteot your Personal Information from unauthorized access or intrusion. We limit
access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for
other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personallnfonnation
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers.
We also may disclose your Personal Information:
to agents. brokers or representatives to provide you with services you have requested;
. to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and
to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we
suspect fraudulent or cdminaLactivities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such
as, for example, when disclosure is needed to enforce our rights arising out of eny agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain
your Personal Information.
Right to Acce8& Your Pel'llOnallnformation and AbiDty to Correct Errors or Request Changes or Deletion
Certain states afford you the right to access your Personal Information and. under certain circumstances. to find out to whom your Personal
Information has been disclosed. Also. certain states afford you the right to request correction, amendment or deletion of your Personllllnformetion.
We reserve the right, where permitted by law. to charge a reesonable fee to cover the costs inourred in responding to suoh requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
Multiple Products or Services
If we provide you with more than one financial product or servioe. you may receive more than one privacy notice from us. We apologize for any
inconvenience this may cause you.
TOTAL P .12
Division of Corporations
Page 1 of2
Florida Limited Liability
SUNCOAST ROYAL INVESTMENTS, LLC
PRINCIPAL ADDRESS
425 CHRISTINE DRIVE
RIDGELANDMS 39157
MAILING ADDRESS
425 CHRISTINE DRIVE
RIDGELAND MS 39157
Document Number
L05000055019
FEI Number
NONE
Date Filed
OS/26/2005
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
Registered Agent
Name & Address
BENDER, CHRIS S
8496 YORKE ROAD
WELLINGTONFL 33414
M
1M
b D t '1
anager em er e al
I Name & Address II Title I
MCCLAIN, MCCLAIN, MCCLAIN, INC. B
P.O. BOX 2128
RIDGELAND MS 39158
CR HARE, INC. B
14103 DEER RUN STREET
MAGNOLIA TX 77355
R.B.V., INC. B
P.O. BOX 2128
RIDGELAND MS 39158
..
http://www.sunbizorg/scripts/cordet.exe?a 1 =J)ETFIL &n I =L050000550 19&n2=NAMFW... 9/20/2005
Division of Corporations
Page 2 of2
RCS, INC.
P.O. BOX 2128
IL:J
G
RIDGELAND MS 39158
CHRlANE, INC.
8496 YORKE ROAD
WELLINGTONFL 33414
~I
Annual Reports
Report Year II Filed Date
I~
Previous Filing I Return to List
No Events
No Name History Information
! Next Filing]
Document Images
Listed below are the images available for this filing.
105/26/2005 - Florida Limited Liabilites
TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
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f
Time and Date ofMeetnfg 1> ) (t"J I 0-:;-
Those attending meeting:
E D , E.....T . K. o..:+-L-{ ~ ~
.
II :aO
~
PRE-APPLICATION CONTACT QUESTIONS
Applicant's Name: It) /J2..L ~~ Phone: --57P I d-4-1 - d ~O
~~7rl~ ~~
1. HAVE YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT?
Yes No
(IF YES, HAVE THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE-
APPLICATION MEETING?
STAFF MEMBERS NAME:
2.
LOCATION OF PROPERTY (AOSS STREETS/IN~R~ECTIONS)
J:j.:::t~ -i--bi~~ of Al3C-;;;bj<<-ffl'
3.
WHAT WOULD YOU LIKE TO DO?
NEW PROJECT
BUILDING EXPANSION OR MODIFICATION
CHANGE IN PRIOR USE?
IS THE STRUCTURE CURRENTLY VACANT?
VARIANCE TYPE:
POOL OR SCREEN ENCLOSURE
CO~ERClALPROPERTY?
RESIDENTlALPROPERTY?
~USTRlALPROPERTY?
DO YOU KNOW THE ZONING CODE DESIGNATION?
4.
TIME AND DATE PREFERRED
5.
HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING?
Note: Tell the person that someone from the Department will call them to confirm the meeting.
..................................................................................
· Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled
no less than two (2) days prior to date/time of meeting. If urgency is sensed, discuss with Mike.
· Meetine:s may be scheduled:
Monday afternoons
Tuesday all day
Wednesday all day
Thursday mornings
Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.rn.
S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p I.doc
"
.~
PRL APPLICATION CONFERENCE REV h-J IN FORM
Date <:{ / /7/ 0 S Time Started I f' Or; Time Finished
Attending as Applicant j/Y1 i l::..e- S ('j t 0 f r/ L (OW
Phone ~l..f ( -;;;.....4 I - d?) ~ (J Fax
Proposed Project Information
Proposed Project Name and
TypelUse 0. S + +:0 (:) d
Site Location (Address if Available)
Site PCN
Existing Zoning {!, - 3
Existing Land Use. Density 10 k......
Anticipated Submittal Date
b r!' l"'c.. - {i, rTl
(u..J +- ( +
Proposed Zoning ::5tLrrte..
Proposed Land Use/Density
, tN~
P ti-r1,-
rDlvd.
/
Vacant
Notes and Comments
Lot Area J::.. I . \S" at. (t'"\- 7 cf. 0 0 0 'S. ~ ')
Lot Frontage ) -1/ ~ '
Lot Depth lQ.lJ t1 I
Setback
Height
Parking Requirements or Improvements
Landscaping/Buffering
Non-conforming Use or Change in Use N/;::t
Other Zoning Changes Required
Hazardous Material IV I A
1-' I w () '>.
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~
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f<l . ; f" / "f )
"c, " ~'/l I' U .
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PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
MEETING DATE:
TIME:
ATTENDING FOR APPLICANT:
NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall
community goals, objectives, policies and codes as related to the proposed development and to
discuss site plan review procedures. Opinions expressed at the pre-application conference are not
binding for formal review purposes. Additional staff comments may be forthcoming based on actual
lans submitted for review.
City of Boynton Beach
Attendin Staff
ckftL-i l.,-f/ ((-+iL
EtJ~
/(/J1len) ~,A)
I ,.,
S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p3.doc